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HomeMy WebLinkAbout1971-12-27-BOS-min 180 SELECTMEN'S MEETING December 27, 1971 A regular meeting of the Board of Selectmen was held in the Select- men' s Room, Town Office Building, on Monday evening, December 27, 1971 at 7 30 p.m. Chairman Cataldo, Messrs Kenney, Bailey and Busa; Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mr. McSweeney, Town Engineer and Acting Superintendent of Public Works and Mrs McCurdy, Executive Clerk, were present. Jurors At the request of the Town Clerk, two jurors were drawn as follows Allan J. Lane 11 Carol Lane Harry L. Pollock 2 Partridge Road Members of the Fire Department Union met with the Board. Mr. Bailey The membership of Local 1491, International Associa- tion of Firefighters, has approved the 1971 contract with the Town of Fire Lexington The terms were previously approved by the Board during" Union negotiations this year. This Board will vote to authorize the Town Contract Manager to sign the contract. Upon motion duly made and seconded, it was voted to authotize the Town Manager to sign the contract between Local 1491, International Association of Firefighters, and the Town of Lexington, for the period of April I, 1971 through March 30, 1972. Mr. Legro informed the Board that under Article 51 of the 1971 Annual Town Meeting, it was voted to authorize the Selectmen to re- Whipple lease any claim of the Town in a right of way on Whipple Hill . I have Hili prepared a release and request the Board to sign it. Right of Upon motion duly made and seconded, it was voted to sign the Way release of any claim of the Town in a right of way on Whipple Hill, as authorized by vote of the 1971 Town Meeting Mr Legro informed the Board that this is the last meeting before the exercise of option of December 31, 1971 to purchase the land be- longing to LeRoy Titelbaum. The papers from the Department of Natural Bal lou b Resources have been received, but we have not received them from HUD. Titelbaum I have prepared the forms for the exercise of option for Dr Titelbaum Options and, also, the exercise of option for Margaret Ballou. The Board could sign, subject to approval from HUD Upon motion duly made and seconded, it was voted to sign the exercise of option on December 31 , 1971 to purchase land belonging to Margaret Ballou and the exercise of option to purchase land belonging to LeRoy M Titelbaum, subject to approval of HUD being received no later than Thursday afternoon, December 30, and to mail the options no later than Friday morning, December 31 , 1971 I 181 Mr William Hamilton met with the Board Mr. Hamilton My reason for coming here is that the Warrant is closing soon and I would like to discuss Article 79 of the 1970 Town Meeting, which was voted for the acquisition of Lots 95A and 96A, and $26,000 was appropriated. I have been doing negotiations with the Conservation Commission and now we are at the end of the line and are not going anywhere 1 have made a few proposals relative to the area on Concord Avenue and Spring Street which 1 own or control , and ask the Selectmen for some definite action on two parcels, the Sadler 10 acres and mine Basically, I want to have the Selectmen direct the Conservation Commission to take it or not take it - one or the other If it is not taken, I don't know if it is possible to put an Article in the Warrant to have the vote rescinded. At this point in time, I' am open to discussion with the Board or anyone, it will be two years in March. I have talked to the Conservation Commission and can't seem to get anywhere Chairman Cataldo I think you know the Board' s feeling, as we , have discussed it several times. I talked with the Chairman of the Conservation Commission this afternoon; as far as this Board is con- cerned, we cannot direct him to take any action in either case. They have a Board with their responsibilities. We only make a taking at their request Mr Brown is willing to sit down with you any day this week that you are available and I will sit with you. Mr Hamilton In 1968, I came to Town Meeting for a change in zoning for the Spring Street area Since that time, I have had control of the land; I owned part of it and had some under an option. Has the Board given thought on future land use between Route 2, the Waltham Hamilton line and Five Fields? I find that over the years the situation has Land changed; one year the economy is such that an office research park is out the window because people are in a depressed area. I feel some- thing should be done to protect the people on Spring Street and I am in a position to work with the Town If the Board of Selectmen would be willing to sit with me and the people in that area, it may be possi- ble to work something out that is acceptable. Chairman Cataldo We all hear what you are saying. I have yet to see the Selectmen initiate a zoning change. Mr. Hamilton It has been up many times. Chairman Cataldo The Board has supported it but Town Meeting and the Planning Board have not seen fit to go along Mr Hamilton Any suggestion as to what to do about it? Chairman Cataldo There is no question in anyone's mind - you start with the Planning Board. Mr. Hamilton It is difficult to go to the Planning Board unless it is something they come up with, it is hard to get a proposal through. Chairman Cataldo For this Board to start talking an overall plan for en area for this Town Meeting. ... Mr Hamilton I am not saying for this Town Meeting. It origin- ated in 1968 and four years have elapsed with nothing done. If I do not get anywhere with the Planning Board, I have to go to the Board of Selectmen to do something to keep the taxes down; whether this Town meeting oP the next I fee l the Board can do something 182 Chairman Cataldo The Board can discuss it. Mr. Hamilton: I just think we have to sit down and talk it over I have talked to several people who are large landowners and they are frightened to death, I am not saying anything against the Conserva- tion Commission, but people are frightened about wholesale land acquisition. Chairman Cataldo As far as the rights of individuals being taken away, this Board can go on record that people will be treated fairly and squarely Regarding your proposal , I will talk with Mr. Brown tonight and we will meet with you this week to talk it over. Mr. Hamilton agreed and retired from the meeting. Mr O'Connell requested the Board to approve a transfer to the Conserve- Conservation Commission Account 2460, in the amount of $200, because, tion Comm of the increased time spent by the secretary completing the necessary Transfer forms for federal and state reimbursements. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer to the Conservation Commission Account 2460, in the amount of $200. Mr. O'Connell informed the Board that a notice of a hearing on Air January 14 has been received from the State Department of Public Pollution Health regarding proposed new and revised regulations on air pollu- tion. Mr. Heustis is to summarize what the impact means as far as Lexington is concerned. Lexington will be affected in a few areas. . + Chairman Cataldo read a notice from the Secretary of the Minuteman Regional Vocational Technical School District submitting a proposed amendment to the agreement and requesting the insertion Article of an Article in the 1972 Annual Town Meeting. This amendment would Minuteman change the composition of the Regional District School Committee from Regional one member from each member town to provide in substance that the Vocational Committee shall consist of one member from each member town having a Technical population of 20,000 persons or less, two members from each member School town having a population of more than 20,000 but less than 40,000 persons and three members from each member town having a ,population of 40,00 or more persons, population being determined in accordance with the most recently published Federal census. Upon motion duly made and seconded, it was voted to insert on Article in the Warrant Chairman Cataldo read a request from James M. McLaughlin, 55 Fence Asbury Street for a safety fence to be erected between the Maria Maria Hastings School and Route 128 Hastings Upon motion duly made and seconded, it was voted to refer the & Rte 128 matter to the Superintendent of Public Works for a recommendation Chairman Cataldo read a letter from Dr Monderer regarding the Youth establishment of a Youth Commission Commission After discussion, the Board agreed that Mr. Kenney and Mr. Buse would review the proposal and report back on their findings for con. sideration by the Board. 1S3 Chairman Cataldo read a letter from the Planning Board recommend- ing that an Article be inserted in the Warrant for land taking at the corner of Ferre Street and Pleasant Street to improve traffic condi- tions. The exact limits of the taking should be determined by the Town Engineer or the Traffic Committee and, if possible, negotiated Article with the homeowner, Richard J Milewski The Planning Board believes Fern $t & this Article should properly be sponsored by the Board of Selectmen Pleasant St but would be prepared to support it in the Town Meeting. Land Taking Chairman Cataldo to Mr McSweeney Would you have enough time to prepare a survey on the land taking for the Article at this late date? Mr McSweeney I don't know what is available, but we have enough time Chairman Cataldo We need the right description for the Article. A hearing would have to be held unless you are just going to take some land at one point Mr. McSweeney The intent is to widen it and we would have to lay it out Mr McSweeney was instructed to make the necessary arrangements Upon motion duly made and seconded, it was voted to insert an Article in the Warrant for land taking at the corner of Fern Street and Pleasant Street Mr Frank Michelman met with the Board to discuss scattered site housing Mr Michelman I am here on the current status of what has been a kind of 3-way conversation with the Scattered Site Committee, the Lexington Commission on Suburban Responsibility and the Planning Board The Scattered Site Committee is a group of seven people loosely affiliated with LCSR The membership is divided between those who have supported the proposition for multiple subsidized housing and those who are not, but come together to work together on a so-called scat- tered site approach. The group has three different elements in mind Scattered when you use a scattered, geographic pattern spread across Town. Housing Housing of the sort explored here would not be high-rise or garden type but single dwelling duplexes with three attached units, or not more than four units We primarily talked about single dwellings The element of proprietary, when you begin talking scattered sites would be the occupant, at the outset, finds himself in the position of an owner and building up equity interest in the home as they are handling the mortgage financing When you talk about this in Lexington, it quickly becomes clear that the first principal hurdle is the high land cost, even with the assistance of the state or federal government. Under the federal 235 program, which is a prime possibility for this, the subsidy is directed to the home purchaser, not the developer who builds the house and sells to the person whose income makes it low enough for assistance. HUD chips in each month an amount of 20% of the inclme The condition is that the house not sell for a certain amount; a maximum of $21 ,000 for a 3 bedroom house. The builder has been able to acquire land and pay all associated costs, professional fees, etc and to sell the house for $21,000, and has talked about a profit. In doing so, giving Lexington land costs, you are not going 184 to do that if land has to be acquired for the market price. We looked around to see if land could be acquired less expensively by using Town- owned land, tax title land, and to take our view to the 235 program and see if tax title mots are geographically scattered in terms of both physical buildability and in legal condition to build; they would have to be laid out fronting on an existing street, have grandfather privi- leges and not too big to have the Town make a bargain sale of it; to have a program that would not impose a significant cost on the Town for disposing of tax title land. With the help of the Planning Board an inventory was made of existing tax title and old Assessors' maps. We feel we were able to identify the lots that possibly would qualify with all the specifications, something in the range of 16 to 20 lots. Each lot with a house possible under the 235 program, possibly under Turnkey 3, which would involve the Housing Authority if they werreinter- ested in such a program. We have come to, at this stage, concurrence of the Planning Board that we ought to place an Article for Town Meeting to authorize the Selectmen to dispose of lots on appropriate terms. Chairman Cataldo You mean $1 .00? Mr Michelman It could well be $1 00 but we won't have a final answer until it is closer to March, if not less than any minimum which may be set in vote under this Article, leaving it to the motion. Chairman Cataldo The motion would have to carry the money. Mr Legro The motion could set the minimum which could be zero. Mr Kenney What would your basis be for selecting owners? Mr Michelman For the subsidy program, the sponsor would make advance arrangements with HUD for 235 subsidies The purchaser must be eligible with an income below a certain level . It is hard to pin it down for Lexington because there is no 235 in Lexington. For 235, we are talking about a family of a size suitable for a 2-bedroom house with an income in the upper $8,000 or low $9,000 If you use the Turnkey program, you are getting down to families with a much lower income and Housing would be pretty much in control, that program in- volves working out advance arrangements with HUD, Housing Authority and non-profit owner The other one puts a family into the house and makes payments like the Housing Authority HUD spends -that pay- ment each month so the developer gets enough to amortize his mortgage and pays carrying charges It is supposed to build up an equity of $200 and, at that point, establish an owner instead of a tenant, and pay at a somewhat faster rate and build up equity and at any point take over the financing itself and it becomes self-sustaining. Mr. Kenney Would the family be able to sell the house for-a profit? Mr. Michelman There is nothing under the program itself to solve that; that is a problem. I don't know if it could be written into the Town' s deed giving the Town the right of first refusal if he sells the house Chairman Cataldo As I understand it, you have nothing con- crete you are proposing. Mr Michelman I have a map We were hoping, between now and March, one or more concrete proposals will emerge. 1 185 Chairman Cataldo Do you think you are prepared to go to Town Meet- ing with this? Mh. -Micbelthati , There is little chance that Town Meeting would vote this but it is our intention to have a proposal more detailed. Chairman Cataldo There is no question there is support for this approach but you have a lot of work to do I would find it difficult to have the town go in for anything but a non-profit organization that would have complete control of it I can't see giving the opportunity of selling at a profit and make it available to another family with a low income I can't see going into a program that would be a dead end; We should give these people a chance to get started and once on their feet to go on to their own standards of living. I see the purpose of such a. program Mr Michelman You raise a critical issue That kind is more on the program of public housing and might not be run by a public agency. You suggest housing owned by a non-profit organization and which is leased for a term which could be renewed a number of times. Chairman Cataldo I don't think we need federal assistance Mr. Michelman That is an issue which is open. We have tried to draft an article to make it possible to leave some of these things open and at the same time write a motion to close up some of the issues at this stage. Mr Cataldo. Who is in the group? Mr. Michelman Lexington Commission on Suburban Responsibility and a Scattered Site subcommittee. This proposal has been presented and discussed at two meetings of the LCSR this fall and, as far as I know, there is no dissent from any member Chairman Cataldo Are you asking us to insert an Article? Mr Michelman It may be the Planning Board may want to sponsor an Article I am not, at this point, asking the Board to insert one If it is done, it would say at the request of LCSR. If, for some reason, the Planning Board doesn't, we would be asking the Board to insert and hope you would think it advantageous to have sponsorship. Chairman Cataldo You are not changing the need for land? Mr. Michelman The Planning Board sees it and we will be talk- ing with the Housing Authority I will talk with the Planning Board next Monday, and I will be back I hope as we move on to Town Meeting the Board will let us have the benefit of its thinking. Chairman Cataldo There is no question, I have definite feeling on the approach to low income and would like to discuss it as an indi- vidual . As a Board, we support the approach. Mr. Michelman said he would come back to the Board. He retired from the meeting. Mr Kingston Howard, Chairman of the Bicentennial Committee, met with the Board. Bi- Chairman Cataldo We have received your report on the work you Centennial have done and we support you wholeheartedly Committee Mr. Howard I wanted to meet with you as this is the last chance to take action relative to the approach for the coming Town Meeting. 186 As indicated in the report, we are not prepared for a real outline of events of 1975, but we have developed enough areas of community inter- est which, if they come to fruition, would be rather costly, we can't project a specific cost for Lexington's 1975 without being able to first give an outline of a plan. Therefore, the best estimate is $100,000, which Concord used. All of this is leading up to the oppor- tunity which has been given to us and other towns for 1975, to lay away funds from year to year to be able to more intelligently plan for these events without asking the Town to come up with an extraordinary amount in a single year. Our Committee will be expecting to formalize a vote, to submit a vote to you for your approval, to be included in the next Warrant Chairman Cataldo Would you be deciding then, too, on the re- quests of the Historical Society? Mr Howard We will be receiving it and will study it and vote action for an Article for some future one beyond this. Mr Busa Regarding a permanent memorial, 1 have talked with Dick Michelson, President of Rotary, and his organization and Kiwanis are interested in building a permanent memorial and assume the entire cost of construction and write it off over 10 or 15 years. Chairman Cataldo The Lion' s Club is also interested. Mr Busa They wanted permission to put it somewhere around the Battle Green. Chairman Cataldo Say you request $750 for next year - i agree you should come in with an Article but wouldn't want a sum that great but there should be an overall commitment of some magnitude. The main thing is to appropriate a sum to work with and not have a large sum to just lay there Mr Howard We talked with Mr Morey on Public Trust Funds and the LeRoy S Brown fund has a liquidated value in 1975; we also pointed out that the Gilmore fund has an $8,000 to $9,000 principal and $8,600 accrued interest. Mr. Morey said it would have to be studied by Town Couhsel on whether it is an unforeseen emergency. Chairman Cataldo We will vote it for next year and just use it as a contingency It is your responsibility to submit an Article and Town Counsel will redraft r tt i t. Mr. Howard agreed and retired from the meeting Chairman Cataldo read a report from the Traffic Committee re- garding the complaint from the residents of Vine Brook Road on parking. The report states that our Zoning By- law does not require businesses II Traffic in the central business district to provide off-street parking for, Vine Brook their employees and customers Two recent attempts by the Planning Road Board to introduce such requirements failed. The beautification of the Center has reduced the number of spaces available on Massachusetts Avenue and the recommendations of the 1966 EDA plan for additional off-street parking have not been implemented Under the circumstances, parking congestion in the center is more or less inevitable. the Traffic Committee recommends I . 81 I Emphasis on enforcement by the Police Department with regard to improperly or illegally parked vehicles. Chief Corr has agreed to do this 2. At the time of public hearing by the Board of Appeals on the petition of the Telephone Company for an addition on Waltham Street, company representatives assured the Board that no Telephone Company cars will be forced to be parked on the streets as a result of the addition. We recommend that a letter be sent to the Telephone Company reminding it of this statement and requesting that their employees and service vehicles do not park in Vine Brook Road or Waltham Street and instead use the metered parking lot next door. The Board agreed to write to the New England Telephone Company and remind them of the statement made at the Board of Appeal' s hearings on April 13, 1971 . Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a Liquor Identification Card for Jeffrey L. Son, 1 .0 24 Baskin Road. Card Chairman Cataldo said,that the Board has discussed the land acqui- sition program and neither the Appropriation Committee nor the Capital Expenditures Committee has submitted anything to us The Board members have received copies of the reports submitted by the Planning Board, Land Conservation Commission and the Recreation Committee. Acquisi- Mr Busa If no one is interested in coming up with a concrete tion idea, we could go along the way we have been doing it. Policy The Board agreed to discuss the land acquisition policy on next Monday evening Chairman Cataldo said that we have asked Mr McSweeney for a re- port on the parking lot between Meriam Street and Grant Sgreet. Mr McSweeney showed a map of the area and discussed three plans I . 155 spaces for parking, this would add 91 spaces At a cost Meriam of $53,000, we are getting 91 spaces at $589 per space. Street Parking 2. An additional 156 spaces at $782 per space, at a cost of Lot $122,000 3. For 241 additional spaces, we would have to lay out Sherman Street For 291 additional spaces at $1 ,270 per space, at a cost of $306,000. Mr McSweeney discussed the possibility of including this in the Article TOPICS Program and, also, a high-rise parking garage Meriam Chairman Cataldo I would not want to see a parking structure St Park- because of the many problems involved in maintenance, policing, etc ing Lot 188 Mr Kenney How many spaces in that lot now? Mr. McSweeney 265 spaces. Mr. Kenney An addition of 80 or 90 spaces is fine. If there is any way to apply for federal aid, apply for it. Mr. Bailey We have to decide what this parking is for. Mr. McSweeney I think it is basically for the employees in the area. As 1 understand it, the Board would like a price on Scheme I, in addition to a pedestrian access; an Article for 91 parking spaces with a figure of $50,000. Upon motion duly made and seconded, it was agreed to insert an Article in the Warrant for the rebuilding of the parking lot between Meriam Street and Grant Street on the Town-owned portion of land, carrying a figure between $40,000 and $50,000. Mr. McSweeney discussed Chapter 90- 1972 for East Street and in- formed the Board that we only have $120,000 to build from Lowell Street to Grant Street but the commitment to Chapter 90 is for all of East Street, to go along on a continuous program. The Commonwealth Chapter of Massachusetts informed us that we don't have enough money. From 90 the Woburn line to the middle of Ridge Road is the first section of the 1970 money; the 1971 section is going from Lowell Street to the culvert. Chairman Cataldo I can see committing for East Street and Spring Street and finishing up East Street from Lowell Street to the culvert to the intersection; the money is available. We can't go to Town Meeting for more money. It was agreed to discuss the matter with the State Department of public Works to try and resolve the situation. Mr. McSweeney said that the Board will have to consider how to use $135,000 which will be our portion of the one-cent gasoline tax increase. It can't be used to build a street to less than the stand- Highway and requirements. It looks as though it will come in as a check; Tax Funds last year we received $57,000 and it went right on the cherry sheet. This year, it will come directly as cash. Mr. Legro It generally comes into a special fund and you have to appropriate it out. It might be possible to use it for snowplowing, but that has not yet been decided. Chairman Cataldo to Mr. McSweeney Get the information on the con- ditions we would have to meet in order to get it; then, we will make a determination. Mr. McSweeney agreed to check it out and come back to the Board. Upon motion duly made and seconded, it was voted to go into Execu- Executive tive Session for the purpose of discussing, deliberating or voting on Session matters which, if made public, might adversely affect the public security, the financial interests of the Town or the reputation of a person. 189 ' After discussion of a matter of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9 55 p.m. A true record, Attest b //CCruc -� Ixecutive Clerk, Selectmen 1