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HomeMy WebLinkAbout1971-03-01-BOS-min 402 SELECTMEN'S MEETING March I, 1971 1 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Monday evening, March I, 1971, at 7 30 p.m Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present. 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 also present. The Chairman read a request from Mrs Sally T Neale, 10 Ward Street, requesting purchase of six tax title lots adjoining the rear Tax Title of her property on Earl Street The letter states that in reply to Neale Mrs Neale' s previous request in May, 1967, the Board had replied that the Town wished to retain ownership at that time Upon motion duly made and seconded, it was voted to refer Mrs Neale' s request to the Planning Board for a recommendation The Chairman read a letter from the Lexington Council of Congre- gations (formerly Lexington Council of Churches) recommending that Robert Mann be appointed as a representative on the Lexington Commis- sion on Suburban Responsibility Mr. Greeley said that Mr Mann has been pegularly attending the meetings since Mr. Wells left. Mr. Wells submitted a verbal resig- LCSR nation to me but this Board has not voted to accept it. 1 would recommend that the Board appoint Mr. Mann unless we follow the usual procedure of requesting that three nominees be submitted Upon motion duly made and seconded, it was voted to accept the resignation of Rev John Wells as a representative of the Lexington Council of Congregations on the Lexington Commission on Suburban Responsibility The Board agreed to write to the Council of Congregations and explain that it is theP olicy to submit three nominees for a va- cancy on a commission Reserve The Chairman read a notice from the Director of Accounts that Fund $926,843 would be available to the Town as "free cash " The Chairman read a report from the Building Inspector that 789 Massachusetts Avenue, (the McCormack Building) would be an acceptable location for the office of China Evangelical Seminary Association, Inc. Cert of Upon motion duly made and seconded, it was voted to notify lncorp Secretary Davoren of the approval of the premises at 789 Massachu- setts Avenue as a suitable location for China Evangelical Seminary Association, Inc. who have applied for a Certificate of Incorporation. Ambulance The Chairman read a letter from the Tax Collector requesting the Abatements abatement of uncollectable 1970 ambulance bills, in the amount of $65.00 403 Upon motion duly made and seconded, it was voted to sign abatements for the uncollectable 1970 ambulance bills submitted by the Tax Col- lector, in the amount of $65 00. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting held on February 22, 1971 . Upon motion duly made and seconded, it was voted to approve the bond for the Town Manager (renewal ) in the amount of $50,000 Bond Upon motion duly made and seconded, it was voted to sign Auction- Auction- eer' s Licenses for the following eer' s License William A Sennott 10 Doug,las. Road Robert N. Cann 48 Hancock Street Upon motion duly made and seconded, it was voted to sign the layout Worthen of Worthen Road from Marrett Road, a distance of 1470 feet, more or Road less, northwesterly to Sherburne Road Layout The Chairman read a letter from the Arlington Board of Selectmen requesting a vote of the Board on the official position of the Town on the proposed extension of the Harvard Alewife Rapid Transit Line and H- 1961 Bond Authorization Bill . Also, a request to appoint a member of the community to the Co-ordinating Committee to be estab- lished to monitor and promote the development of this line The Chairman reported that Representative Cole and he had attended the MBTA meeting in Arlington last Wednesday. We presented the Board' s position that we were on record with the Governor and the Secretary of Transportation to support the bond issue We took issue with the Gov- ernor' s representative regarding his recommended study of Massachusetts transportation, the Route 2 extension, and the inner belt. The study is going to take a year and it was our feeling if there was no agree- ment reached at that time, this would jeopardize the Alewife extensioh MBTA There is no guarantee that this extension will be built, especially if the other projects that are under construction escalate to the point that they would run out of money. We recommended that the bill be amended to read that, spceifically, the $ 150 M be allocated to the Alewife extension Mr. Lord said this could not be done but, re- gardless, to change this program, it would have to be done by a vote of the Advisory Board We took exception to this, also, because Boston has the controlling vote on the Advisory Board, therefore, this list of priorities could change at any time After much discussion, it was agreed to establish a Co-ordinating Committee to monitor and promote the development of the Harvard-Alewife Rapid Transit Line. The Board agreed to appoint Mr Greeley as Lexington' s represent- ative on the Coordinating Committee Upon motion duly made and seconded, it was voted to appoint Roland B Greeley as Lexington' s representative on the Co-ordinating Committee to be established to monitor and promote the development of the Harvard Alewife Rapid Transit Line 404 The Chairman said that a public hearing is being held at the State House tomorrow morning and Mr Cole should record our position. 111 The Chairman said that a vacancy exists on the Town Celebrations Committee and I recommend that William P Fitzgerald be appointed to the Committee Bernard Belcastro is no longer able to serve on the Celebrate Committee. tions Upon motion duly made and seconded, it was voted to appoint Committee William P. Fitzgerald a member of the Town Celebrations Committee, subject to the receipt of Mr. Belcastro's resignation The Chairman said that Mr. Barnes informed our office that al- though James Broderick has tendered his resignation, the Committee would like him to work with them until after the 19th of April cele- bration Mr Bailey reported to the Board on the Middlesex County Confer- ence he had attended on February 27 at the Emerson School Auditorium in Concord. He said there has been a change in the City Council in Lowell and the Council voted to pay the 1971 County assessments with two checks, one on the 1970 assessment and to withhold the other check, the difference between 1970 and 1971 to be placed in escrow and released only when they get the report from the County Commis- sioners on 1970; this was done to demonstrate an austere approach to the County There is a slight problem in regard to the 12% interest required for debtors but their City Council said they wouldn't be a debtor because they are a municipality. They took action to get other support The Chairman asked aren't the County assessments on the Cherry Sheet? Mr Legro thought they were. The Chairman asked how can they withhold it? Mr Bailey said that he wondered that He further reported that the result of the meeting was the creation of seven research committees, working to develop factual information The March 27 meeting will be to develop the position of cities and towns and make the presentation for the hearings beginning on April 5th They will hope to get the support of all the Towns on April 27th Mr Kenney asked if they have approached the County Commissioners. on their willingness to cooperate? Mr. Bailey replied that they had, but there was no reply The Chairman asked have we no part of the study? Mr Bailey replied, no; I will go back to the March 27 meeting. They would like to have the support and endorsement from cities and towns I will think about it and report back to the Board. Mr. McSweeney came into the meeting at 7 48 p.m At 8 00 p.m , Mr. Mark Moore and Attorney Frederick Conroy met with Moore the Board to discuss the proposal for an amendment to the Zoning By-Law Housing from RS-one family dwelling to CG-general business area, which is Article 73 of the 1971 Annual Town Meeting. 405 Attorney Conroy said that there is some misinformation around town and he would like to explain how it operates Primarily, the Massachu- setts Housing Finance Agency is a State agency organized to loan money, to raise money for the sale of bonds and re- loan it for investment and they will take a vote on Mr Moore' s mortgage bond tomorrow. They have approved the plans drawn by Architect Cole, have approved Mr. Moore as the builder and Mr. Cole as the architect The interest rate Mr Moore will pay will be almost 4 percent below the regular interest rate, which is why the rents will be considerably less. Mr. Greeley asked what is the period of amortization? Attorney Conroy replied on 4 percent differential it would be $80,000, spread over 100 apartments it would be closer to $50 or $60 a month cheaper and averages better than $500 or $600 per year. There is less cash flow because they have a 40-year amortization and each apart- ment will be at least $30 or $50 below if you went regular financing, not low cost housing but conventional housing. The Chairman asked does the law read 4 percent differential or is it based on what you think? Mr Moore said that, right now, they figure the interest rate on my project will be 7 percent on today' s market; if they floated the bond at 2.8 percent, I would be saving over 4 percent interest and that would be the savings in the rent. All these rents will be lower and there can be no rent higher than 6 times the income on an annual basis. Mr. Greeley asked are there three different levels? Mr. Moore replied, not really three different levels. Attorney Conroy said you do have to give them three different rents; you rent regular, moderate and low Mr. Greeley asked are the rents $30 to $50 less than market value called low rent? Mr. Moore replied they are moderate rentals. Attorney Conroy added, a further 10 percent reduction for low in- come housing Mr. Moore said we still need a subsidy; 25 percent, low income, will still be subsidized first. The Chairman said we are back to the rent subsidy. Mr Moore said it is the same program. Mr. Greeley asked if all the tenants are subject to the income re- straints? Attorney Conroy replied, yes, after you exhaust this and when the project is filled with them, you must advertise in the newspapers. Mr. Moore added that they say I must do this so every person in Town will know of the apartments available; I have to give it to the Chamber of Commerce, brokers and do it in every possible way. Mr Greeley said, on the zoning by- law, this says 40 percent and you are saying 100 percent. Attorney Conroy replied, yes, we had to make 75 percent moderate Mr Kenney asked if they explained this to the Housing Authority and representatives of Town Meeting? Mr. Moore replied it will be approved tomorrow, subject to Town zoning for lel, subject to Housing Authority willingness to rent for 25 percent low income. 406 Mr. Kenney said you mean they would take them as a block and rent them? Mr. Moore replied, yes, for the elderly. Mr. Mabee asked if they have no fear that the Housing Authority would not comply with your request? Attorney Conroy said if RH, they will comply with their duties. The zoning law states they have to be rented to a Town agency or repre- sentatives of Town committees. Mr Moore said we would hope to invite the representatives of the Town for the other 75 percent Mr. Greeley asked if they are approved by F H.A Mr. Moore replied, yes, they want to make sure the Town is well covered. The Housing Authority will rent from any RH Housing Authority in Lexington Mr. Mabee asked if they were satisfied that all the answers are ready? Mr. Moore replied, yes. Mr Greeley asked if they discussed 3-bedroom units? Mr. Moore said we recognize the prime need in the community and Lexington Housing Authority says that is the prime need but they say at this time the candidate is not obliged to build 3-bedroom units. Attorney Conroy said that another thing around the Town is the 6 percent profit owners can make on it; it is not a guaranteed profit to the owner. As far as rents are concerned, the maximum rents vary from town to town If we go over $180, we no longer qualify. Mr Greeley asked if limits are prescribed for each project? Mr. Moore replied, for each town; a maximum of $ 190. Mr Mabee asked how do you come to 6 percent? Mr. Moore replied this is 6 percent of the equity; I have $180,000; 6 percent of $200,000, not $2 M Mr Mabee asked if they are looking for support of the Board of Selectmen? Mr Moore replied, yes. Many other towns are all finished and all rented, we are not going to be the first in Massachusetts Mr. Greeley said that you say this is private money rather than State? Attorney Conroy said the M F.H.A is authorized to give bonds tax free. Mr Greeley added, and you pay taxes in Lexington on the basis of assessment? Mr. Moore replied, yes, the assessors are not sympathetic It was agreed on 15 percent gross tax rate Mr Mabee asked if he was not taking a stand on this issue? Mr Moore replied, no stand. Mr Mabee said, I am sold. Mr Moore said it is a step in the right direction, restricted to Lexington people first of a restricted income and then available on the. open market. It is not limited to Lexington, under M.F.H.A., we are entitled to select Lexington people first. 407 Mr. Greeley felt it was imperative that a person working in Lexing- ton should be able to find housing The Chairman asked have they the provision that regardless of where they are living, but work in Lexington, that they get first crack at it? Mr. Moore replied, yes The Chairman asked what is the rent schedule going to be? Mr. Moore replied that it is estimated to be $ 190 maximum for one bedroom, $225 to $235 for two bedrooms; $260 to $270 for a town house - two bedroom, separate entrance unit The Chairman asked, based on the proposal you have, the design, final plans and specifications, how many variances do you need to get as you designed it? Attorney Conroy replied, no zoning variance The Chairman said, I mean variances to our building code Mr Moore replied, only one, the authority to use brick veneer. The Chairman asked if you don't get it, will that reflect on the rents? Mr. Moore replied, I will absorb the cost and maintain these rents, I em committed to these rents. The Chairman said I understand it will meet our RM zoning specifi- cations Mr Moore replied, yes Mr. Moore and Attorney Conroy retired from the meeting. Mr James Lambie, member of the Board of Health, met with the Board. Mr Mabee discussed the Mystic Valley Mental Health Clinic budget. He said that four letters have been received from out-of-town Boards; Winchester Board of Health has approved and submitted the budget as it was submitted by Mystic Valley, Arlington unanimously approved it; the Burlington Board of Health agrees with the budget; Woburn is meeting with their Board of Health to discuss the budget. One of the things Dr Cosgrove brought out was that the cost for consultation was exces- Mystic sive I have talked with Dr Ellicott and he is bothered that the cost Valley is so high. I agree the cost is high and there needs to be a lot of Mental study and cutback; the whole financing is a mess and their accounting Health is poor. They have more people this year than last year and they are filling a need and hate to cut back. 1 hope this Board would give some support to them and, also, that the Board of Health will come back with a recommendation, with the understanding that the Town Manager sees what goes on over there and our Comptroller look over their books. The Chairman asked if he is saying he agrees to the increase they are looking for? Mr Mabee replied, yes, with the distinct understanding that they are looked over by the Town Manager and the Comptroller. Mr. Bailey thought everybody would like more information. They didn't ask for enough last year and they got badly sandbagged; there are step increased in staff levels that happened over the past year that they could't have anticipated in 1970 They have picked up this 408 new function handling the after-care of people coming out of the hospi- tal Their other big problem is relating total expenditures to some measure of service I suggested to them that they back up the number of hours expended, the patient contact hours and the direct follow-up on cases, working with parents, schools, etc. They have an overhead and are running short courses for the schools You can see they are paying $30 for a patient and $20 for a professional for backup, and they have overhead They should try to consolidate, in one present- ation, the measures of service along with the cost; dollars, numbers of people and hours. They should develop an explanation of these and then talk with the Board of Health Mr Lambie said that we are going to have our own Board of Health meeting tomorrow night The Chairman said we asked them to come back to your Board. I talked with Arlington and they finally decided to go along with this budget but only on the basis that next year if there is an increase, they will get out. Mr. Greeley thought that the Association ought to recognize the problem and set up their own group to resolve it rather than asking our Town Manager and Comptroller to do it. The Chairman said that our question is, are they over-staffed? Mr. Lambie said the staff is set ty the State and they have to get the five towns to approve the budget. It would be helpful if, when fixing their schedule, they got together with the State and the Towns The Chairman asked if we all put the money in this year and some withdraw, where do we go? Mr Mabee said we are not unsympathetic as the Board is consti- tuted now The Chairman said that everybody here supports that Association in many different ways. Mr Bailey said that it hasn't had the management and the scru- tiny that the size demands now. Mr Mabee said he would not like to cut them off, he would like to see the Board go along with it for one more year. Mr. Bailey thought it really could be put together Mr. Lambie said that the budget will be discussed by the Board of Health tomorrow evening and we will submit a recommendation. Mr. Lambie retired from the meeting The Planning Board met with the Board. Mr. Lund submitted the Justin Gray Associates' Meagherville devel- opment study and the summary prepared by the Planning Board He said Meagher- that, basically, his Board would like to know if the Board had arrived ville at any decision? The Chairman said, as you know, we discussed Meagherville with Mrs. Brown and Mr. Clarke and we haven't discussed it since. They came back to you and made our feelings clear to you There is no question in our minds there are problems and they should be resolved. There is the possibility of not having the authority of transferring that land to a private person. 409 Mr. Legro said, as I understand it, the question is whether the Town can make a taking by eminent domain for the conveying for private pur- poses There is very little established in the law that it cannot be done, I cannot find anything in urban renewal law or redevelopment law to change it Mr Lund said the division of housing wasn't a public purpose. Mr Legro said I haven't any question but that low cost housing is not found to be public purpose. Mr. Lund said, passing the eminent domain thing, we are not asking for eminent domain. We had a study done by a summer intern on the tax title lots in that area. The Chairman asked how many lots have you taken? Mr Clarke replied, all but 20. The Chairman asked if the rights of redemption have been taken? Mr Clarke replied, as I understand it Mr Legro said that I state publicly that the question has been presented to me whether the Town can convey for private or public pur- poses; I haven't seen any copy of a plan - I haven't seen any informa- tion. Mr. Lund said that as he understood it, if the redemption process has gone through, they are in the status of any other lot which the Selectmen can convey. Mr Legro said that in the early 1950' s, most of the land owners weren't being billed for taxes and a good part of it was put on the tax roles; about 90 percent was being assessed and, eventually, for taxes not paid they would be taken and the rights of redemption would be foreclosed. Mr. Lund said that we may be able to give you some information Mr Legro said, until I get it . I haven't been asked. The question came up whether the Town can convey to private individuals or, if no title, can we clear the title by taking by eminent domain. Mr Lund said I am assuming that the rights of redemption have been taken and, assuming that to be the case, will the Selectmen sup- port it? The Chairman asked if that is the case, what do you propose to happen? Mr. Clarke said that Town Meeting would hear from us that the Board of Selectmen would not convey until a specific plan is brought to Town Meeting in conjunction with an Article to convey. We would like to invite two or three reputable developers to submit to both our Boards their idea of the manner in which the land should be developed and, from that, select the alternative and ask the devel- oper to make the plan. The Chairman asked about the other 20 lots. Mr. Lund said those privately owned, with respect to the one site, I wouldn't propose that land be taken by the Town but any de- veloper interested in making a proposal make a deal Developers do have to build around land owned by somebody else. The Chairman asked how would we get a clear title to convey? 410 Mr Clarke replied, assuming rights of redemption, people do buy tax title The Chairman said our point is, for this land to be sold, there would have to be a substantial developer cane in and in bider to do this, one has to have title. This is where we have a difference of opinion. Mr Lund said we are looking for a Selectmen' s policy as to our proposal with respect to Meagherville and what we do to the land. We ought to get the sentiment 6f Town Meeting and the best way is to get the rezoning If the Selectmen were to write a letter that nothing would be done by the Selectmen with the land until the prob- lems were resolved then I think we would be able to get it; I don't think there would be any detriment to the Town. The Chairman asked, you mean to rezone? Mr Lund replied, yes The Chairman, said that, personally, I am reluctant to rezone with nothing specific in mind and then turn it over to Conservation, until we get the access road We could swap sane land with the Golf Course and wouldn't want to be tied down in that case and with nothing in mind for the land I would be against it. Mr Lund said we have something definite, general land and part of that area to be used for housing. If the Selectmen take the posi- tion that the land will not be disposed of until all problems are ironed out. The Chairman said that no one is going to commit future Boards. Mr Lund said it has been done. Mr. Clarke said that we must have a clear position between the two Boards before Town Meeting. The Chairman said that we will take it under advisement; we will discuss it and take a position The Chairman said that we understand there is postponement of the Center Articles. Mr Lund replied, yes, we would move postponement of all Articles on Center Parking. Mr Legro said that he hadn't heard anything on the motions. Mr. Clarke said that it would be indefinite postponement on Articles 64-68 Mr Legro said that leaves three on Meagherville; are there de- scriptions? Mr. Zaleski said there is one on zoning Mr. Clarke said with respect to Clarke Street, we would still like to get long term options if and when available from the Medical and Sheldon Goldberg; is there definite thinking of your Board? The Chairman replied, yes, definite, not on parking but on re- zoning I would suggest when Town Meeting is over to schedule a meet- ing with us and we will be happy to go over it. The Planning Board retired from the meeting 411 Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or voting on matters Executive which, if made public, might adversely affect the public security, the Session financial interests of the Town or the reputation of a person After discussion of matters 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 10 30 p.m. A true record, Attest ._(S/C,646-t ->7 Executive Clerk, Selectmen 1 I