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HomeMy WebLinkAbout1974-09-16-BOS-min 0y SELECTMEN'S MEETING September 16, 1974 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting loom, Town Office Building, on Monday, September 16, 1974, at 7:30 p.m. Chairman Kenney, Messrs. Bailey, Buse, Brown, and Mrs Battin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. Members of the Firefighters Union met with the Board to sign the agreement between the Union and the Town Messrs. Arthur Washburn, Fire Union President, John Quinlan, Richard Sullivan, Alfred Webb, Robert Walton Contract and Ted Sennott were present; also, Deputy Chief, Joseph Marshall. Board members signed the contract and Selectman Bailey presented it to Mr. Washburn. Four retired Call Firemen met with the Board Donald Pring, Arthur Silva, Joseph O. Rooney, and Wallace C. Weisinger. Chairman Kenney, on behalf of the Board, thanked them for their Retired many years of service as Call Firemen Mr. Pring-24 years; Mr. Silva- Call 30 years; Mr. Rooney-28 years; Mr. Weisinger-41 years. Firemen Upon motion duly made and seconded, it was voted to sign the following resolution The Board of Selectmen, speaking on behalf of the citizens of Lexington, hereby commends (name) for his many years of service to the Town of Lexington as a Call Fireman. Mr. O'Connell informed the Board that he had prepared, for the EPA Board's approval, a position statement regarding the EPA transports- Transporta- tion control plan, which would be read at the EPA meeting at the tion High School this evening. Control The Board endorded the statement. Plan "POSITION STATEMENT REGARDING EPA TRANSPORTATION CONTROL PLAN The following statement represents the view of the Board of Select- imeri and the Town Manager concerning the impact of the Transportation Control Plan on the Town of Lexington We believe that it also repre- sents the views of Town employees and citizens affected. Lexington has always endeavored to fully support any Federally sponsored national effort We fully endorse the objectives of the Federal Clean Air Act. We cannot,. however, agree with the method of implementation which the Boston Area Transportation Control Plan, in its present form represents. The significant objections are I 1 4() Selectmen's Meeting September 16, 1974 111 1. The plan focuses on and is limited to reduction in automobile use by only one of the many categories of use. It concentrates on and is limited to the most essential use of the family automobile, i.e. , getting to and from work. It ignores all other types of transporta- tion, much of which is less essential, which occur at the same period. For example, large commercial trucks which are a major source of pollu- tion will continue to operate without restraint during this critical period of the day 2. The plan is not responsive to the transportation conditions which exist in Lexington and similar suburban communities, particularly the lack of public transportation. We question that after taking action to use all transportation alternatives which are feasible, anything near a 25% reduction in employee use of personal cars is realizable. We fear that despite major promotional effort and good employee cooperation, car pooling will have only limited effect. Since public transportation is virtually non-existant and walking and bicycling are suitable for only a small percentage of employees and even in these cases will not be dependable transportation in the winter, the practical alternatives do not constitute a workable plan The arbitrary targeting of certain employees using their cars to earn a living, while ignoring all other car use will produce strong negative reaction by employees affected. This is not a favorable cli- mate in which to promote voluntary carpooling. 3. The plan creates serious discriminatory effects, for examples the employees of a firm which has not supplied employee parking are not required to take any action. The plan calls for controls of teacher parking but ignores student parking. Student cars constitute about 50% (conservative) of the cars in a typical senior high school parking lot. Because of the diversity of teachers' residences, car- pooling has very limited application. 4. Because of the lack of satisfactory alternate transportation methods of employees getting to work, the application of the employee parking control plan will not represent a solution but instead will create a shortage of essential parking, and cause the problem to re- appear in other locations, such as violations of street parking; violations of zoning by-laws by the useeof private residences near industrial plants for employee parking; illegal parking on publicly owned land. These are just a few of the conditions which will result from the problem being pushed around. In summary, we find the employee parking control plan questionable due to its arbitrary application to one segment and not workable due to lack of alternative methods of employee transportation We interpret the intent of the other part of the regulation (deal- ing with prohibition of on street "commuter" parking) to be that the municipality should make illegal, parking on streets near industrial plants, for the reason that the car owner is employed near by. This con- firms that application of these regulations simply push the problem around. 4t Selectmen's Meeting September 16, 1974 Based on limited information available, we question the legality and feasibility of this regulation It appears that enforcement would require identification of both residence and place of employ- ment of the operator (not just the owner) of the vehicle, an impos- sible task for local police. Selective no parking areas near the trouble spots would have to be extended as the employee attempts to beat the ban by parking just beyond the limit This will produce considerable all day parking on neighborhood streets, which will produce strong reaction from area residents, possibly forcing the extension of the ban onto neighborhood streets Unless the street resident is to be included in the ban, identification of the cars of local residents by stickers is necessary--a very large difficult task to administer. This resident sticker now makes it possible for that car owner to park on the street next to his place of employment on the other side of town These and other reasons make this plan (as we understand it from the regulations) extremely difficult to admin- ister in Lexington. We hope that a more practical, rational and workable plan will be substituted and we are willing to cooperate with ideas and sugges- tions, the details of which need not take up time of this meeting. Water C O'Connell 111 Town Manager" Mr. O'Connell informed the Board that bids had been received on the installation of traffic signals at the intersection of Lowell and Contract East Streets. He recommended that the contract be awarded to the 75-13-E - lowest bidder, New England Traffic Signals, Incorporated, 137 Shirley Traffic Street, Winthrop. Authority is under Article 35, 1971 Annual Town Signals Meeting. Upon motion duly made and seconded, it was voted to award Con- tract 75-13-E to New England Traffic Signals, Incorporated, Winthrop, for the installation of traffic signals, in the amount of $14,770. The Board agreed to meet in Executive Session with the Personnel Advisory Board on September 30. The Board discussed the recent request from the Conservation Com- Conservation mission for the installation of signs and barriers on Conservation Signs & land. Barriers After discussion, it was agreed to inform the Conservation Commis- sion that Mr McSweeney, Director of Public Works/Engineering, has been instructed to make arrangements for the installation of three "No Motorized Vehicles" signs on Whipple Hill and Juniper Hill lands. Mr. O'Connell, Town Manager, has agreed to authorize the use of Conserva- tion funds for materials for these signs. Also,. ,Mr. McSweeney is to submit a recommendation regarding the placement of barriers at Red Coat Lane and East Street entrance to the Old Bowser Cart Road. 412 Selectmen's Meeting September 16, 1974 Mrs. Faith Margolin, Mrs. Angela Frick, Chairman of the Conser- Citizens' vation Commission, and Mr. David Williams met with the Board to Conservation discuss Citizens' coeservatico Day on October 5, 1974. Day After discussion of a town-wide effort, it was agreed that the Public Works Department would cooperate by picking up accumulated trash in designated locations Upon motion duly made and seconded, it was voted that the Board of Selectmen would sponsor, with the Conservation Commission, a Citizens' Conservation Day to be held on Saturday, October 5, 1974. Chairman Kenney read a letter of resignation from Dr Howard Conservation Kessler as a member of the Conservation Commission Resignation Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Dr Howard Kessler as a member of the Con- servation Commission. At the request of the Director of Public Works/Engineering, the Board voted to sign the lists of sewer betterment assessments. Sewer Upon motion duly mads, and seconded, it was voted to sign the Betterment lists of sewer betterment assessments for the following streets Assessments York Street, Third Street, Webb Street, Winter Street, Woburn Street, Woodland Road, Wright Street, and Young Street Upon motion duly made and seconded, it was voted to sign the Abatements abatement of sewer betterment assessment to W. Scott III and Adelaide Sewer Sims Cooledge, 38 York Street, in the amount of $663.94; previously assessed. At the request of the Director of Public Works/Engineering, the Water Board voted to sign the abatements for water bills. Abatements Upon motion duly made and seconded, it was voted to sign the abatements of the following water bills; Joseph C. Tropeano 9A Larchmont Lane $451 97 Wrong meter reading Nishan Haroian 353A Concord Avenue 8.75 Meter taken out Itek 10A Maguire Road 100 00 Wrong billing Chairman Kenney read a request from Ms. Dorothy B. Mead to con- Walk-a-Thon duct a Walk-a-Thor for the March of Dimes on Sunday, October 13, 1974 Mr. O'Connell If they walk on the sidewalk, they do not need a permit; just grant permission if they stay an the sidewalk, and notify the Police Department of their route. The Board agreed to inform Ms Mead of Mr. O'Connellis recommenda- tion. I 4:i Selectmen's Meeting September 16, 1974 Chairman Kenney requested the Board to sign an Auctioneer's license. Upon motion duly made and seconded, it was voted to sign the Auc- Auctioneer tioneer's license for Richard H. Soule, 16 Hancock Street. At the request of the Director of Public Works, it was voted to sign the contract with Warren Brothers for street resurfacing. Contract Upon motion duly made and seconded, it was voted to sign the con- 75-6-E tract awarded to Warren Brothers Company, Saugus, for street resur- facing, in the amount of $50,100 Mr. O'Connell left the meeting at 8 15 p.m. to attend the EPA meeting at the High School. Mr. William Page, Chairman, and members of the CATV committee met with the Board Chairman Kenney congratulated the committee for the excellent CATV CATV report. Mr. Page We will send copies of the report to Town boards and agencies and request a formal statement from each. We will be available to meet with them and discuss how CATV could have an influence in Town business and school areas. A lot of citizens would want to participate even though the final decision is made by the Selectmen. We are propos- ing an Article in the Warrant that would authorize a By-Law Commission so that the Town would be set up in a permanent way and is organized on how it wants to review and supervise CATV in Lexington Chairman Kenney If you are going to have such wide distribution of your report, you will need copies. We have estimated $400 to repro- duce it and we don't have it. Mr. Page: We are trying our own sources in terms of copies and we could manage a limited number. Chairman Kenney We talked about 26 pages of the report, not 45 pages. Mr. Brown to Mr. Ward, CATV: What is your feeling about the number of people in Town Meeting that your technical section is important to read? Mr. Ward: Not a large percentage, 10 or 20 percent would have a technical understanding The problem is that CATV is new to people and the main problem is to get people acquainted with what it can and cannot do. Mr. Bailey: I think we should definitely ask for a transfer from the Reserve Fund. To restrict the number getting it would be a mistake. I would hope we could make a strong case to the Appropriation Committee. The report will sell itself to them. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to approve a transfer from the Reserve Fund for copies of the CATV report, in the amount of $500. I 44 Selectmen's Meeting September 16, 1974 II/ James G. Dolan, General Counsel for the Planning Office for Urban Affairs, met with the Board regarding the proposal to build 16 homes St Brigid's for low and moderate income families on the property at St. Brigid's Housing Church. Chairman Kenney This is not a public hearing but an informal meeting with Mr. Dolan, the Board of Appeals-Mr Nickerson, Chairman, Mrs Morey, and Mr Cataldo; also, other interested boards, such as the Planning Board and the Conservation Commission, and citizens of the Town. We have received letters from people, one of whom is Susan Beck, Town Meeting member of Precinct 6, expressing her disappointment in the decision of the Board of Appeals to appeal to Superior Court the ruling of the Department of Community Affairs in favor of St. Brigid's Housing in the Grove. She states, "I firmly believe that the higher court will find no grounds on which to overturn approval on the project. The appeal merely puts off the inevitable at considerable cost to the taxpayers in unnecessary legal fees " The Planning Board voted at the meeting tonight, "That the Plan- ning Board notify the Board of Selectmen that in the event of an appeal to the Superior Court by the Board of Appeals in the St. Brigid's case the Planning Board will intervene as a party and hereby requests the Board of Selectmen to provide legal counsel for the Planning Board." Mr. Dolan I appreciate your courtesy in having me here tonight. You all know that for two years we have been working on a proposal for111 16 town houses to be known as Pine Grove. A number of entities in Lexington have endorsed this and the pastors have wholeheartedly en- dorsed it. The Lexington Planning Board has analyzed the proposal and concluded by supporting it. The Selectmen voted 4 to 1 at Town Meeting in 1973 and the majority of Town Meeting members voted in favor. A two- thirds' vote was required and it fell short The General Court was so concerned about the shortage of low income housing, and that many com- munities had adopted patterns in preventing this type of housing, it passed Chapter 774 s.40B, which provides that the entire zoning may be set aside Only when the community did not meet the standards could the applicant take the appeal to the state level. Lexington does not meet these standards I learned that the Board of Appeals had requested its counsel to appeal the decision They did it by a 2 - 3 vote in August of 1973, and we appealed In its decision, it was ruled that the Board of Appeals' act was unreasonable, etc The Board of Appeals is appealing that decision, and I don't know the reason Once a decision is reached, they do not get a third trial. The chances of any judgment that the Housing Appeals acted in any arbitrary manner are slim, and to con- duct this appeal people will ask that taxpayers' money not be spent when there is little prospect of success. It might entail another year's delay and, at least, seriously jeopardize the prospects of housing for which funds are available. Therefore, I would ask the Board of Selectmen if the Board of Appeals persists in this matter, to rule that Town Counsel 45 Selectmen's Meeting September 16, 1974 not conduct this appeal because chances are slim. The Board of Select- men, Planning Board, and TMMA are elected and the Board of Appeals is an appointed body We have been working with the Historic Districts Commission and made changes in the facade of our building, and hope to get a Certificate of Appropriateness, and to give a Conservation ease- ment so that Pine Grove would remain in its natural state. I told Mr. Cohen we would meet with him for necessary Town documents and I would ask the Board of Appeals to assist and not jeopardize it for what I know are theoretical reasons Mr. Nickerson I was not invited to come tonight. Our Board met a week ago and we considered, for what we thought was the last time, for combatting in court the decision that was handed down by the Commis- sion. We have eleven reasons for disapproving; we should be right on one Mr. Dolan got in touch with me to have a meeting to reconsider and I told him we would take a vote - it was 4 - 1 in favor of proceeding and 1 abstaining. Chairman Kenney You are the Attorney for the Board against which our Board of Appeals would be trying a case, and I would have no intent this evening to debate the merits We did vote 4 - 1 at Town Meeting and, this evening, it would be 4 - 1 for the project. The Board of Ap- peals has the right to appeal as there is no clear-cut evidence; Chapter 774 was set up to allow them to appeal as there are sufficient legal questions involved. I have been led to understand that if not afforded Counsel, they could find it elsewhere Keep in mind at what point do we not support a Town Board in taking another legal step. On Interfaith, we had Town Counsel represent them, and to do otherwise would set a dangerous precedent in not providing legal services, that if they did not reflect the viewpoints of the Selectmen, to deny them. That prece- dent is extremely strong and has been binding over the years. From that viewpoint, it would support the concept of providing legal services of Town Counsel Mr Dolan I do not challenge the legal right of the Board of Ap- peals. I draw a distinction of the usual matter that comes before the Board of Appeals, such as set backs, etc. This matter has broad, special appeal Mr. Brown: I take exception to things about precedent, things that were said about the way that we dictate about what is tried in court. It is valid but, it seems to me, we have to decide also whether the Board of Appeals' action could be capricious. It seems to me if our Planning Board has said that this is good planning, then we have a case in which the Appeals Board is telling the Planning Board that it is not. We should weigh whether the Board of Appeals in this particular case is capricious; whether it is valid that they can fly in the face of our vote and the Planning Board vote. I 46 Selectmen's Meeting September 16, 1974 111 Mrs Battin It is not a simple question of how we feel indiviu- ally about the Board of Appeals decision nor is it purely a matter of granting counsel as a courtesy to a Board for a matter that is exclu- sively their decision. The subject is not exclusively the province of the Board of Appeals, falling solely within their purview and area of expertise. The elected Planning Board, which is charged with .overall town planning shares the responsibility. They disagree and have elected to intervene; therefore the Selectmen, as the senior policy making Board, are the final arbiters who must make the determination of whether to con- tinue the appeal. I have questions of Town Counsel What will be the cost of gaining counsel to both Boards for both Superior Court and Supreme Judicial Court appearances? What do you think the chances are of the appeal's success in both courts? Mr Buse: Before he answers what his opinion would be - that is for the court to decide. I object to him saying what his opinion of success is in a public hearing. Chairman Kenney to Mr. Cohen: We have a motion from the Planning Board, taken at their:meeting tonight That the Planning Board notify the Board of Selectmen that in the event of an appeal to the Superior Court by the Board of Appeals in the St. Brigid's case the Planning Board will intervene as a party and hereby requests the Board of Selectmen to provide legal counsel for the Planning Board. The vote carried 4 - 1 From a legal viewpoint, could they intervene? Mr Cohen I don't really know exactly what they have in mind about intervening, as. I don't know what they planned to do They want to be- come a party and have their own Counsel represent them at the hearing. About the cost, it depends ... I assume that Town Counsel would repre- sent the Board of Appeals, and that would be the appropriate thing - and to have an appropriation for the Planning Board Counsel Mr. Brown It costs the Town to have legal counsel. It, actually, is going to cost the taxpayers money. Mr. Bailey: I am stunned that we are attaching a price tag to what is right or not right. I resent having the money put up front. Mrs. Battin we have to consider it in terms of likelihood of suc- cess, the cost and also the reputation of the Town in the Bicentennial year. Do we want to be memorialized by the Supreme Judicial Court as the definitive case in which suburban towns were taken to task for exclu- sionary tactics? Mr. Bailey The alternative is that you are asking us to sit in judgment tonight. My position on the housing development is clear - I supported it before and would support it again. If the founding fathers of Lexington wanted it to be that way, we wouldn't have gone through all the agonies of Town Meeting and Planning Board and Selectmen's meetings. If it had been the Selectmen and the Planning Board only, the buildings would be set up there The Board of Appeals has a function and a legal responsibility to the Town and it is encumbent upon our Board that if the Board of Appeals voted 4 - 0, and insists on seeking an appeal, I would support Counsel for them; if the Planning Board wishes Counsel, I would support that, also That is the only course open to our Board now 417 Selectmen's Meeting September 16, 1974 Chairman Kenney I can easily distinguish between the Appeal Court and the Superior Court Mrs. Battin We may not have the option; we can stop it now. Chairman Kenney We can't. Chairman Kenney to Mr Brown If voted 4 - 0, they were not act- ing in a capricious manner Chapter 774 gives them the legal right and people are trying to take it away from them. Dr. Clarke; Planning Board The Planning Board feels that on Chapter 774, particularly in Hanover, the Judge said there were two issues, the need for subsidized housing and whether there were any objec- tions from the Planning Board. We were thoroughly involved in this and wanted to intervene Section 2, Article 20, says the Board of Select- men shall have full authority to settle claims. That is indicative of the authority of your Board. Mr. Cohen That was amended at Town Meeting last year Mrs Battin It was really amended by the Selectmen/Town Manager Act. Chairman Kenney to Mr Cohen Do you feel there are other people who could represent the Board of Appeals regardless of what we do? Mr. Cohen You ask if the Selectmen voted not to provide Town Counsel, could the Board of Appeals, using their own money, represent themselves? Not unless they got a gift I am not sure there has been any precedent, I don't see why they couldn't get another lawyer. Mr. Cataldo, Associate member of the Board of Appeals I don't think there has been any issue that has been discussed in any greater depth, and people with the authority being Town Meeting .. . I don't think it is the issue here tonight As I listen, this is highly unusual for a matter that could be litigated for the Selectmen to be dis- cussing it publicly. If questions are raised, they should invite the Board of Appeals to come in Executive Session I don't think if Mr. Dolan had a case ... If the Board wants to go into it in greater depth, Boards should be called and it be discussed in a proper manner There is no question that as far as the Board of Appeals is concerned, it shoustd be considered. Chairman Kenney We had looked at it as a procedural question. Mr. Cataldo: I have never seen this happen about a matter that could be in litigation The recommendation was made to go into Executive Session for fur- ther discussion. Mrs. Battin objected and said it should be discussed in open meet- ing. Mr. Cohen You can't discuss the case with other Counsel (Mr. Dolan) here but if you discuss reasons, it is a proper matter. I think the Chairman:.has been very careful not to get into the merits of the case. Selectmen's Meeting September 16, 1974 Mr. Arthur Bernier, Appropriation Committee, came into the meeting; Mr Furash wanted me to say that the Appropriation Committee feels that funds would be supplied for the Board of Appeals one more time; also, if monies were paid for the Planning Board Counsel, it could be adju- dicated in a court of law Motion was made and seconded to go into Executive Session for further discussion Mr. Nickerson objected on the grounds that his full Board was not present. It was agreed to meet with the Board of Appeals on September 23, 1974 to discuss the matter. Mrs Battin added. withthe understanding that our decision will be rendered in public and we will give the procedural decision Upon motion duly made and seconded, it wes voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on Executive matters which, if made public, might adversely affect the public secu- Session rity, the financial interests of the Town, or the reputation of a person. After discussion of matters concerning a committee and the Fire Department, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10:25 p.m. A trure record, Attest: Executive Clerk, Selectmen I