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HomeMy WebLinkAbout1978-03-13-BOS-min 177 SELECTMEN'S MEETING MARCH 13, 1978 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, March 13, 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; Mrs McCurdy, Executive Clerk, were present Mr James F Crain was welcomed as a new member of the Board Selectman The meeting was called to order by the Executive Clerk, who de- Board Glared that nominations were opened for the election of the Chairman Organization of the Board Motion was made by Mrs Miley, seconded by Mr Kent, nominating Mrs Margery M. Battin as Chairman No other nominations being made, it was voted 4-0 to elect Mrs Margery M. Battin as Chairman of the Board of Selectmen for the en- suing year Mr Busa abstained Mrs Battin thanked her collegues for their support and confidence She stressed the importance of finishing three projects which the Board has embarked upon this year, (1) The Selectmen's Policies and Procedures Manual that she and Mr Kent had been working on, and which would mean a review of existing policies and the establishment of new ones; (2) The development of a process for establishing goals and setting priorities, and then doing so Mrs Miley and Mr Busa have been dis- cussing this; (3) Mr Crain was asked to give his attention to a matter which is of concern to all major boards of the Town, and would mean in- stitutionalizing a process for all boards to get together to do some long range planning and anticipation of problems which might arise, rather than wait until they materialize Chairman Battin opened a hearing on the petition of Sydney and Noyes Hancock Associates, One Lincoln Street, Newton, for a Special Permit under School Section 28 of the Lexington Zoning By-Laws for the conversion of the former Hancock School into 18 condominium dwelling units in accordance with the applicants' proposal to the Special Town Meeting of December 7, 1977 and subsequent vote thereof approving the sale, use, and site plan of the property and in accordance with the site plan, floor plans, and elevation submitted to the Board of Selectmen Changes in exterior archi- tectural features will be limited tmonew windows and doors, painting of wood trim, cleaning sandstone, new roof windows, and incidental alterations as necessary to complete work as illustrated Alterations to the site include parking, plantings, and walks reflective of the intended residen- tial use proposed Notices of the hearing were inserted in the February 23 and March 2, 1978 issues of the Lexington Minute-Man, copies of which were sent by the Executive Clerk of the Board of Selectmen to all abutters, the Lexington Planning Board, and Planning Boards of abutting cities and towns Chairman Battin read a report of the Planning Board unanimously favoring the petition A report from Mr McSweeney, Director of Public Works/Engineering, stated that adequate and suitable facilities exist 1_ % 8 Selectmen's Meeting March 13, 1978 Hancock both to and on-site to provide for the disposal of the domestic sanitary School sewage that can be expected to be generated by this facility With re- (cont'd) spect to storm drainage, it is suggested that all drainage from proposed parking areas be intercepted on site and disposed of in the municipal drainage system The Board of Health recommended that all rubbish, trash and debris shall not be disposed of by burning or burying on site Re- ceptacles must be provided in a sufficient number for the accumulation of rubbish and garbage before final collection or ultimate disposal, to be conveniently located for tenants and no objectionable odors or cond- tions created by means of storage Attorney John O'Connor, Mr Stanley H Sydney and Mr R. Kirk Noyes were present as the petitioners Mr. Noyes said that working with the Town has been very rewarding and the process of getting things done has been very professional The agreements we originally proposed still stand and we will buy the build- ing for $100,000 cash, when we pass papers and the 18 condominiums will be finished and ready for occupancy prior to the end of this year We will pay taxes to the Town during that period and will abide by all local codes and ordinances We state publicly that we will guarantee purchase prices at a total of $811,000 and, for the extras that the owners attach to their units as they buy them, we will pay to the Town 12 percent of anything over the agreed purchase price We will provide bonds for all the necessary financing we guarantee at the completion of construction, and will restrict sales to owner-occupied structures, and will manage and operate the property until all condominium units are sold and the owners will be able to establish an owner's association The hearing for a variance is scheduled with the Board of Appeals on March 23 and that re- quest is required because of the additional parking area needed Atty O'Connor requested that a condition of the special permit be for a finding under G L C 40A, s 6, that the extension or alteration of the Hancock School building will not be substantially more detrimental than the existing non-conforming use to the neighborhood This finding is sought with regard to the height of the building, which exceeds the maximum height limitation of Section 27 of the Zoning-By-Law, and with regard to the location of the southwest corner of the building which is within the front yard required by said Section 27 The lot involved is located at the north corner of Clarke and Forest Streets in a one-family dwelling district and contains 1 51 acres The building has existed in substantially its present form and location for more than 80 years, is no longer used as a school and is presently vacant The Board discussed the location of the dumpster and landscaping, and it was agreed that a gate should be installed in the 6 ft high fence for easy accessibility by the contractor for removal of the dumpster contents Also, Mr Busa is to work with the developers on a detailed landscaping plan, in an estimated amount of $25,000 Mr Sydney explained the proposed unit lottery They would adver- tise in local and other newspapers that people could make application to them He assumed that the applications would be put in a hat or they may separate them between one and two-bedroom units They would take three times the number of units and pick out nine people who are 179 Selectmen's Meeting March 13, 1978 interested in one-bedroom units, and forty-five names for the fifteen Hancock two-bedroom units It is to be done by random process and they will School ask the first person to pick an apartment, with seven days to sign the (cont'd) agreement and make a 10 percent down payment; mortgage arrangements being made with a banking institution We will give them what we consider a reasonable amount of time and then go on to the next step Chairman Battin declared the hearing closed Upon motion duly made and seconded, it was voted unanimously to grant a Special Permit under Section 28 of the Lexington Zoning By- Laws to Sydney and Noyes Associates for the conversion of the Hancock School into 18 condominium dwelling units, subject to the language and conditions being drawn up by Town Counsel and Mrs Miley and submitted to the Board for signature Chairman Battin thanked Mrs Miley for serving as Chairman of the School Site Conversion Committee Mrs Miley then thanked the members of the committee for doing an excellent job, and she was also very happy that this wonderful group of developers could share in being the first to be granted a special permit by the Board of Selectmen All interested persons retired from the meeting Mr William Sen, Chairman, and members of the Council on Aging met Articles with the Board to discuss the two articles on the Senior Center Mr 32 & 34 - White, Chairman, and members of the Appropriation Committee were also Senior present Center Chairman Battin said that the Board had appointed the Senior Center Site Committee, with the charge (1) to investigate all existing public and private facilities with the specific view of accommodating senior citizen programming; (2) to prepare a report to be submitted to the Selectmen by May 15, including recommendations on alternatives to the charge Mr Sen requested a position of the Board on Article 32 - approval of establishment of a Senior Citizens Center and Article 33 - approval of appropriation of money to build or rehabilitate a building for Senior Citizens C enter He said that they had no intention of building but recommended approval of the concept of a center and money for rental of a facility Mr Hutchinson recommended against an appropriation of funds; there are private resources within the Town who are willing to provide funds to get them started on the rental of a facility, subject to a proposal Mr White stated that the Appropriation Committee needs more in- formation as they couldn't approve something they cannot understand, but they did support the formation of the study committee The Board agreed not to take a position at this time on Article 33 until the motion is drafted by the Council on Aging Mr Kent, Mr Sen and Mr Cohen are to work on a motion for Article 32 Mr William Page, Chairman of the Lexington Forum on Aging, met Forum with the Board to ask for the Selectmen's comments and participation on Aging at their meetings scheduled on April 26, May 3, May 17, and May 31, 1978 The Board agreed to participate 180 Selectmen's Meeting March 13, 1978 Wadman Residents of Wadman Circle, Mr McSweeney, Mr Martin, and members Circle of the Sewer Advisory Committee met with the Board for an informational Sewer discussion of the recommended installation of a sewer system in Wadman Circle Mr Kent requested that the record show that he abstained from par- ticipation on this matter He said that although the sewering in ques- tion does not affect his property on Patriots Drive as it is already sewered, it does involve construction of sewer in a private way in which he does have an interest The Board agreed Chairman Battin read a report from the Board of Health recommending that the municipal sewer system be extended into Wadman Circle to allevi- ate conditions caused by the existing substandard system Mr Martin explained that the project will consist of constructing approximately 244 linear feet of 8 inch sewer mains and the installation of three sewer manholes; the sewer will vary in depth from 4 to 9 feet, at an estimated cost of ;$12,500 There are three homes involved with a total betterment assessment of $2,399 82 In response to a question about the low betterment assessments, Mr Martin explained that this is indicative of the estimates they are using in this year's budget, based on the last five years Of the five lots, two have been previously assessed, and thatg ave a low rate of return A resident said that he was worried whether blasting the ledge might bother the water line and create problems; also, his house is at the end of the street and he gets rusty water Mr McSweeney said that the final design will take care of the ledge problem, and the reason that he is receiving rusty water is probably be- cause the system is not looped and it is on an unaccepted street; so the system should be looped The resident agreed Chairman Battin stated that the plan is to continue to have hear- ings, which are not required by law, at the regular meetings of the Board of Selectmen Prior to that, there would be administrative meet- ings on the proposals All Town Meeting members will be invited to attend Mr Buchman, 4 Wadman Circle, said that the existing problem is that right now we are pumping it into the backyard because the cesspool is filled and will not absorb it It is difficult and unpleasant and has existed for years Chairman Battin said that we will cite that at Town Meeting if there is a question She declared the meeting closed Upon motion duly made and seconded, it was voted to include the con- struction of sewer on Wadman Circle in the sewer package to be presented to Town Meeting for approval Sewer Mrs Joan Crothers, Chairman, and members of the Sewer Advisory Com- Advisory mittee met with the Board Committee Mr Hutchinson said that the committee wanted a chance to review the amended report submitted The questions raised at the last meeting with the committee were, (1) endorsement of Category A streets; (2) endorse- ment of $2 5 million to support the Category A streets; (3) endorsement111 of a permanent Sewer Advisory Committee He felt that if the Board has to come back to Town Meeting each year on the list of streets, this would not give us authorization for a program for long range financial planning from a capital improvement-type situation which we would like 181 Selectmen's Meeting March 13, 1978 to accomplish We would not be able to properly plan and move forward Sewer on those with public health problems Advisory Mrs Crothers said that the committee needs more information and Committee we have concerns about (1) financial accountability; (2) being locked (cont'd) in to do the streets (3) growth inducement; (4) subdivision potential Chairman Battin said that with the $2 5 million, if a favorable construction period comes up, we could move the program up; also, we would have the flexibility of floating the bonds at a good time This would give us the capability of addressing the crises the Board of Health brings to our attention, without having to wait for Town Meet- ing Town Meeting would have the information it needs to have and can decide if they want it in that general order She advised Mrs Crothers that the information will be submitted to the committee by Engineering before the TMMA informational meeting on next Wednesday evening In the meantime, the Board will make a decision whether the committee should be continued as a standing committee Mrs Crothers added that her committee would like to meet and dis- cuss a few minor changes in the report The Sewer Advisory Committee retired from the meeting Mr Rooney, Chairman, and members of the Lexington Housing Author- Lexington ity met with the Board to request the Selectmen's support and comments Housing on the Housing application to the Department of Community Affairs for Authority funds under Chapter 667 for the Countryside site Mr Rooney said that DCA requested that we have at least 60 units and to have proper zoning; we came before the Town Meeting and it ap- proved the rezoning of the Countryside site DCS is now asking for commitments from the Town which, in the past, were paid for Decisions must be made by March 21, a specific decision on the contractural agree- ment with the Town as to what they would provide The Housing Authority agreed with Mr Hutchinson's recommendation that they sit with DPW/Engineering to discuss access roads, sewer and water extensions, and then come back to the Board with additional in- formation The Housing Authority retired from the meeting The Board discussed the Metropolitan Area Planning Council project MAPC involving the Cambridge Reservoirs, including land in Waltham, Lexing- Cambridge ton, Lincoln and Weston Chairman Battin read a recommendation from Reservoirs the Lexington Planning Board support this project to develop Recreational recreational facilities on Cambridge-owned land within the proposed Facilities Cambridge Reservoir-Hobbs Brook area Upon motion duly made and seconded, it was voted to approve the project proposed by the Metropolitan Area Planning Council involving the Cambridge Reservoirs and land in Waltham, Lexington, Lincoln and Weston to permit recreational facilities in the area. The Board approved the following requests Upon motion duly made and seconded, it was voted to renew the Auctioneer Auctioneer's license for Allen C Lannom, expiring March 31, 1979 182 Selectmen's Meeting March 13, 1978 LWV- Upon motion duly made and seconded, it was voted to grant permission Cary Hall to the League of Women Voters to sell material in the lobby of Cary Hall before the Annual Town Meeting Cary Hall Upon motion duly made and seconded, it was voted to grant permission to the Lexington Friends Community Residence, Inc for a folk music con- cert in Cary Hall on April 29, 1978 from 7 30 P.M, to 10 30 P.M. , subject to payment of the fee for the hall and custodial fee Battle Upon motion duly made and seconded, it was voted to grant permission Green to the Bicentennial Band to conduct free concerts on the Battle Green on Thursday evenings commencing June 29 through August 31, 1978 from 7 00 P M. to 8 30 PM Hanscom Members of the Board agreed to attend the demonstration by the Field Thunderbirds at Hanscom Field Open House on Saturday, July 8, 1978 Water Bill Upon motion duly made And seconded, it was voted to accept the re- Abatement commendation of Mr McSweeney, Director of Public Works/Engineering to abate the water bill for the Chalet Motor Inn, 440 Bedford Street, in the amount of $6,392 70 because of a wrong reading Dog Hearing- Mr Busa discussed the hearing he had conducted on February 14 at Halley/ 9 00 A.M on the written complaint of Mrs Joan M Halley that a German Kesselman Shepherd dog owned by Mrs Carl Kesselman, 9 Barrett Road, is a nuisance by reason of vicious disposition and excessive barking At the hearing, Mrs Halley had testified under oath that the dog had bitten one of her children and a visiting child Mr Busa recommended that the Board of Selectmen issue an order to the owner that the dog is to be restrained on a leash at all times Upon motion duly made and seconded, it was voted to write to Mrs Carl S Kesselman and inform her that her dog, Henderson, is to be kept restrained at all times Articles The Board discussed a position to be taken on the following articles Upon motion duly made and seconded, it was voted to support Article 25-Westview Cemetery Building-$24,000 and Article 34-Transfer of school building and land-$10,000 Upon motion duly made and seconded, it was voted 3-2 to support Article 36-construction of bicycle paths- -$25,000; Mr Busa and Mr Crain voted in the negative Upon motion duly made and seconded, it was voted to oppose Article 37-installation of lighting on four tennis courts--$15,000 Mr Hutchinson agreed to submit more information on next Monday on Article 50-to accept the gift of land located at Route 3 from the Com- monwealth of Massachusetts Mr Hutchinson suggested that the Board might want to recommend in- definite postponement of Article 58-accept G L Ch 41, s 100B, for indemnification of retired policemen and firefighters for certain hospital and medical expenses 183 Selectmen's Meeting March 13, 1978 Mr Busa recommended indefinite postponement of Article 60- Articles Bicentennial Corporation gift of money, as the committee is working with the Historic Distriats Commission to see if a plaque or a monument could be furnished Upon motion duly made and seconded, it was voted to accept the Town Manager's advice to delete the request for the installation of a drain involving Mr Mahoney's property in the amount of $12,000 The Board agreed that - Selectmen - Mr Busa is to work with the Cable Television Advisory Committee, Committees replacing Mr Bailey Mr Kent is to serve as legislative liaison with the joint legislative committees of municipal associations and arrange meetings with our representatives and senators Mrs Miley is to continue as Lexington's representative on the Middlesex County Advisory Board and Chairman of the School Sites Con- version Committee Chairman Battin is to serve as MAPC liaison with Mrs Frick and MAPC representatives Mr Hutchinson advised the Board that he had received notifica- Article 7- tion today from the School Department that there will be $10,884 06 in School Dept unpaid bills under Article 7, representing primarily Chapter 766 Unpaid Bills tuition and bills. A member of the School Committee will have to explain this to the Town Meeting The Board agreed to amend the motion under Article 7 to include $10,884 06 Mr Hutchinson said that Mr Zehner, Town Treasurer, has informed Conservation him that the Town has been assured of receiving the State Self-Help Self-Help monies on Conservation land purchases in the amount of $244,000 Mr Grant Zehner indicates this should enable him to take care of the warrants through the end of next week; however, he will be coming in on March 24 to request approval of borrowing money Mr Hutchinson recommended that the Board approve the agreement Public between the Town and the DPW Local #1703 He had previously sub- Works mitted to the Board some proposed amendments to the agreement, in- Agreement cluding $600 P/Man across the Board wage increase effective July 1, 1978 and $600 effective July 1, 1979; a modest increase in longevity, effective July 1, 1979, of $100-15 to 20 years of service; $150-20 to 25 years; $250-25 years and over He felt that there had been good faith on both- sides and had received-excellent assistance from- the Public Works Department, Mr McSweeney and his Superintendents, and he-felt chat it is-a-good--3=year-cufttrac€ for=the-Town Upon motion duly made and seconded, it was voted to accept the Town Manager's recommendation to approve the agreement between the Town and Local #1703 184 Selectmen's Meeting March 13, 1978 Mr Martin, Assistant Town Engineer, presented a plan and recom- mended that the Board vote an intent to take sewer and drain easements on Briggs Road and Green Lane Also, temporary construction easements on Crescent Road, Briggs Road and Great Rock Road All involved per- sons have been notified and approval has been received from some of them; he added that he had not received negative responses Upon motion duly made and seconded, the Board voted an intent to take sewer and drain easements on Briggs Road and Green Lane Upon motion duly made and seconded, the Board voted an intent to take temporary construction easements on Crescent Road, Briggs Road, and Great Rock Road Sewer- The Board agreed to defer a decision until next Monday's meeting Barnes when the Harrington sisters will meet with the Board to discuss Mr Place McSweeney's recommendations on the Barnes Place sewer construction Trustees Mr Hutchinson and Mr McSweeney recommended that the Trustees of Public of Public Trusts be requested to consider the expenditure of $10,000 Trusts to repair damage to trees in the Westview and Munroe cemeteries which was caused by the snowstorm of May 9, 1977 Upon motion duly made and seconded, it was voted to request the Trustees of Public Trusts to approve the expenditure of $10,000 from appropriate trust funds to cover repairs to damaged trees in the Westview and Munroe Cemeteries Upon motion duly made and seconded, it was voted to adjourn at 11 20 P.M. A true record, Attest )2-2 7617c Executive Clerk, Selectmen