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SELECTMEN'S MEETING
1 September 10, 1990
A regular meeting of the Board of Selectmen was held on Monday,
September 10, 1990, in the Selectmen's Meeting Room, Town Office Building, at
7:30 p.m. Mrs. Smith, Mr. Marshall, Mr. Eddison, Mr. Dailey, Mr. McSweeney;
Mr. White, Town Manager; Mr. Lahey, Town Counsel; Mrs. Deshler, Clerk, were
present.
PUBLIC HEARING. BOSTON EDISON/NORTH STREET CONDUIT
Mrs. Smith opened a public hearing on the petition of the Boston Edison
Company for permission to install conduit in North Street.
Edward Chisholm, representing the Company, explained that the work is
necessary for the modernizing and reconstructing of existing underground
electric facilities and to improve reliability.
There being no comments in favor or in opposition, Mrs. Smith declared
the hearing closed.
Upon motion duly made and seconded, it was voted to approve the
petition, plan and order of the Boston Edison Company for a grant of location
for installation of conduit in North Street, northeasterly approximately 470
feet north of Lowell Street, a distance of about 6 feet.
PUBLIC HEARING. BOSTON EDISON/CRAWFORD ROAD CONDUIT
Mrs. Smith opened a public hearing on the petition of the Boston Edison
Pook Company for permission to install conduit in Crawford Road.
Edward Chisholm, representing the Company, explained that the work is
necessary to provide electric service to a sound monitor for the Massachusetts
Port Authority.
There being no comments in favor or in opposition, Mrs. Smith declared
the hearing closed.
Upon motion duly made and seconded, it was voted 4 - 0, Mrs. Smith,
abstaining due to her affiliation with the Massachusetts Port Authority, to
approve the petition, plan and order of the Boston Edison Company for a grant
of location for installation of conduit in Preston Road at and northwesterly
from Crawford Road, a distance of about 15 feet and in Crawford Road at and
easterly from Preston Road, a distance of about 12 feet.
PUBLIC HEARING. BOSTON EDISON/VOLUNTEER WAY CONDUIT
Mrs. Smith opened a public hearing on the petition of the Boston Edison
Company for permission to install conduit in Volunteer Way.
Edward Chisholm, representing the Company, explained that the work is
necessary to provide electric service to #27 Volunteer Way, Lexington.
There being no comments in favor or in opposition, Mrs. Smith declared
the hearing closed.
Upon motion duly made and seconded, it was voted to approve the
petition, plan and order of the Boston Edison Company for a grant of location
for installation of conduit in Volunteer Way, northeasterly approximately 400
feet west of Coach Road, a distance of about 7 feet.
MINUTES/AUGUST 20
► Upon motion duly made and seconded it was voted 4 - 0, with Mr. Eddison
abstaining due to absence from that meeting, to approve, as presented, the
minutes of Selectmen's Meeting of August 20, 1990.
GOAL SETTING APPROVAL
Mr. White submitted the Selectmen's Goals for formal adoption. , I
Mr. Dailey and Mr. Eddison questioned how with the 2 1/2% tax levy wig/
limit, the Fiscal Policy Budgets goal to develop and adopt a budget within
reasonable growth limits (3 1/2%) would be achieved.
Mr. White explained that with new growth, increased tax levy, modest 5 %
increase of fees and enterprise funds the budget could be balanced within
$275,000 which he assumes can be handled in the budget process.
Mr. Marshall stated that if all situations stay the same, no override
would be necessary.
Mr. McSweeney asked if after all the work was completed, any unexpected
situations could increase the tax levy beyond 3 1/2%?
Mr. White responded that the unpredictability of the state revenues and
the increases in gas, insurance etc. might create a problem.
Mrs. Smith said that she was optimistic that the goal to develop and
adopt a budget within the 3 1/2 growth limit could be achieved. She also
stated that the need for new programs was necessary, that Human Services must
continue to find additional ways to help fund their programs, and that to work
towards this goal would be very challenging.
Upon motion duly made and seconded it was voted to approve the
Selectmen's Goals/Objectives for Fiscal Year 1991, as presented.
PINE MEADOWS COMMUNITY DEVELOPMENT ACTION GRANT
Mrs. Smith opened a public hearing, the purpose of which was to expla
a Community Development Action Grant which may be applied for by the Town ,
assist in paying the cost to construct the infrastructure needed for the Pig ,,w
Meadows/Meagherville Affordable Housing Development.
Mrs. Smith stated that the intent of the hearing is to help develop a
financial plan, and the audience should confine the discussion to that issue.
Mr. White stated that the application for the CDAG, which would cover
50% of the needed infrastructure reimbursement, might be necessary to help
provide gap financing in case the Small Cities application for 100% Grant
reimbursement for which the Town has also applied, was denied. The $724,000
needed to build the road necessary to support the 40 units of housing on the
PM/M site would be broken down as follows:
$300,000 - 1800 lin. ft. berm
20,000 - Clearing land and sewer drainage
75,000 - 840 ft. of sewer main
165,000 - 2200 ft. of water main and hydrants
74,000 - Consulting, Engineering and Traffic Analysis fees
The CDAG would provide $362,000 or 50% of these costs.
Mr. Eddison asked if it was unusual in the application process for the
State to be looking at 2 grant applications for the same project?
Mr. White reported that the Town would probably know in October if it
would receive the Small Cities Grant, which is the best option, but that the
timing necessitated the pursuit of both grants and to also provide the
required time to hold a public hearing. He informed the meeting that both
grants are available for review in the Town Manager's and Selectmen's offices.
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Selectmen's Meeting -3- September 10, 1990
` Mr. White stated that in order to provide Town Meeting with a clear
understanding of project finances, we must apply for and be notified of
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endin receipt of grant funds prior to Town Meeting. A 2/3 vote of Town
Meeting would be necessary for passage.
In response to a question from Mr. McSweeney regarding the requirements
that would be necessary to qualify for grant. moneys, e.g. tenant selection,
Mr. White stated that the grant funds must be used for costs incurred by
streets and infrastructure improvements, built according to state code, and
that the prevailing wage statute must be followed for all construction
work.
As no vote was needed, Mrs. Smith declared the hearing closed.
T.S.A.C. REPORTS
BOWMAN SCHOOL
Peter Chalpin, Chairman of the Traffic Safety Advisory Committee, was
present for discussion of the request of Mrs. Nancy Hintlian and Mrs. Nancy
Thompson of the Bowman School P.T.A. and Mr. Frank DiGiammarino of the School
Department regarding concerns about the safety of children walking to and from
Bowman.
Mr. Chalpin reported that his committee had recommended the following:
1. Once school opens, a count of walkers, where they come from and
what streets they cross, should be performed;
2. A count of vehicles on Follen Road, Philip Road, Buckman Drive and
Dawes Road should be performed;
3. Two missing School Zone signs should be replaced at once on Philip
Road.
The Committee's recommendation of points 1 and 2 is derived from a
desire to determine volumes and patterns, which can be used in formulating a
recommendation concerning the need, or lack thereof, for a crossing guard.
In answer to a question from Mr. Eddison as to who will count the
students at Bowman, Mr. Chalpin responded that the Principal and the P.T.A.
will coordinate a plan for the volunteer efforts needed for the 2 days
necessary to complete the count.
Upon motion duly made and seconded, it was voted to approve the
following recommendations of the Traffic Safety Advisory Committee
1. Once school opens, a count of walkers, where they come from and
what streets they cross, should be performed;
2. A count of vehicles on Follen Road, Philip Road, Buckman Drive and
Dawes Road should be performed;
3. Two missing School Zone signs should be replaced at once on Philip
Road.
SPRING STREET/PROPOSED CHINESE BIBLE CHURCH/CUL DE SAC
Mr. K. Huang and Mr Li, members of the Chinese Bible Church were present
as was Mr. Thomas Gallagher, a resident, of Spring Street.
Mr. White presented the position of Mr. Gallagher, Mr. Spiers, DPW
Director and Fire Chief Bergeron that due to the narrowness of Old Spring
Street it cannot accommodate any on street parking which would prohibit
emergency vehicles such as fire trucks, ambulances, and snow and/or ice
removal equipment from servicing the area.
Mr. Spiers stated that the street is narrower than our accepted
standards for roads.
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Mr. Eddison requested a diagram of the church site and a foot print of
the church to better visualize the problem to obtain a clear definition as to
where "No Parking" would be posted.
Mr. Chalpin, T.S.A.C. Chairman, stated that the Committee sees a great
potential for spillover parking on "Old Spring Street" unless it is posted No
Parking and presented the recommendation of the Committee that "Old Spring
Street" be posted No Parking on both sides for its entire length, including
the cul-de-sac.
Mr. Marshall recommended that members of the Chinese Bible Church sit
down with the Board, Building Dept. and Planning Dept. staff to help resolve
parking problem and to develop options.
A motion was made and seconded to accept the recommendations of the
Traffic Safety Advisory Committee that "Old Spring Street" be posted No
Parking on both sides for its entire length, including the cul-de-sac.
Mr. Eddison pointed out the need for time to review the site diagram and
church plan the motion was amended to reflect this need.
Mr. White reported that both plans would be provided.
Mr. McSweeney asked where the members of the church could legally park
when the signs were posted, possibly immediately.
Mr. Chalpin stated that the members could legally park on Spring Street
and walk to the church from that point.
Motion having been made and seconded it was unanimously voted that "Old
Spring Street" be temporarily posted No Parking on both sides for its entire
length, including the cul-de-sac to allow for additional time to review the
proposed plans and develop satisfactory parking options.
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STOP SIGNS/K. ENGLAND-POLICE DEPARTMENT REQUEST
Mr. Peter Chalpin, T.S.A.C. Chairman, presented the recommendations of
the T.S.A.C. that since the warrants for "Stop" signs are satisfied at all of
the locations, STOP signs be placed at the following locations:
1. Lincoln Street at Worthen Road
2. Oakland Street at Meriam Street
3. Patriots Drive at Meriam Street
4. Mason Street at Peacock Farm Road
Upon motion duly made and seconded it was voted to approve the
recommendations of the Traffic Safety Advisory Committee for installation of
STOP signs at the following locations:
1. Lincoln Street at Worthen Road
2. Oakland Street at Meriam Street
3. Patriots Drive at Meriam Street
4. Mason Street at Peacock Farm Road
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Selectmen's Meeting -5- September 10, 1990
F Y 91 WATER/SEWER RATES
Mr. White presented the Water/Sewer Rate Recommendations that had been
prepared by Mr. William Hadley, Superintendent of Water and Sewer division of
the D.P.W. Mr. Hadley was commended by Mr. White, Mr. Marshall and Mrs. Smith
on his ability to meet every challenge to decrease consumption by providing
consumers with options on how to save on water and sewer usage and costs.
Mr. Eddison pointed out corrections that needed to be made on the
recommended water rates table.
Mr. McSweeney requested information as to when homeowners would be
expected to pay the new rates once they were approved.
Mr. Hadley responded that the January 1, 1991 bill, would reflect rate
change from April, 1990 through September, 1990, which would constitute a 14%
increase for the average user, under a six step sliding scale.
Mrs. Smith presented a letter from the Bedford Selectmen questioning the
proposed increase to the Town of Bedford from the FY'90 charge of $1.18/H.C.F.
to a FY'91 charge of $1.35/H.C.F. The Town of Bedford is actively pursuing
Joining the M.W.R.A. but would continue to buy from Lexington during this
period.
Mrs. Smith recommended that since Bedford conserves water inspite of the
loss of its wells and increased demand, that the rate remain constant at
prA $1. 18/H.C.F. pending membership of Bedford in the M.W.R.A.
In response to Mr. Marshall's comments that costs went up for the
average citizens of Lexington at the same rate applied to Bedford, Mr.
Eddison felt that as Towns do not operate on a free market system, the
compromise position, regarding Bedford, proposed by Mrs. Smith, should apply
in this situation.
Mr. White stated that if the M.W.R.A. accepts Bedford, a line would have
to be run from Arlington, through Lexington to Bedford to provide service.
Upon motion duly made and seconded to adopt Local combined FY91 water
and sewer rates, effective immediately, as follows:
1 - l0hcf $0. 70/hcf $0.98/hcf $1.68/hcf
11 - 40hcf $0.99/hcf $1.25/hcf $2.24/hcf
41 - 80hcf $0.93/hcf $1.68/hcf $2.67/hcf
81 - 120hcf $1.47/hcf $2.37/hcf $3.84/hcf
121 - 160hcf $1.52/hcf $2.40/hcf $3.92/hcf
161 and over $1.52/hcf $2.45/hcf . $3.95/hcf
Upon motion duly made and seconded it was voted 3 - 2, with Mr. Marshall
and Mr. McSweeney voting in the negative, to approve water and sewer rates
for FY91 for the Town of Bedford to remain at $1.18/HCF.
Upon motion duly made and seconded it was voted, unanimously, to appruv e
water and sewer rates to the Veteran's Hospital and Hanscom Air Force Base in
Bedford for FY91 at $1.35/HGF.
CONSENT AGENDA
A--1 TAXI OF LEXINGTON/ 2ND VEHICLE
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Upon motion duly made and seconded, it was voted to approve the
application of BAF Taxi, d/b/a A--1 Taxi of Lexington,Inc. 24 Common Street. ,
Waltham, MA to operate a second vehicle Mass. Reg.-TAX 1764 - to expire on May
1, 1991.
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PROCLAMATION/CONSTITUTION WEEK - DAR
Upon motion duly made and seconded, it was voted to proclaim the week of
September 17 through 23, 1990 as Constitution Week as requested by the
Lexington Chapter D.A.R.
TRAFFIC ITEM/ALLEN ST, CLEMATIS ROAD/LEAP/BRYAN AND SHAPIRO REQUEST
Upon motion duly made and seconded, it was voted to refer the requests
of Jon J. Bryan, 17 other citizens and Robin Tsevdos-Shapiro, LEAP Director,
to the Traffic Safety Advisory Committee for its review and recommendations on
the following issues:
1. Lack of stop signs at the base of the Church driveway and at Clematis
Road where it joins Allen Street;
2. Rate of speed used by transporters of students of the LEAP program;
3. Morning sun blindness at left hand turn onto Clematis Road from Allen
Street.
TRAFFIC ITEM/CHARLES ST.-BOWKER ST. , MASS. AVENUE/EAST LEX. COMM. ASSOC.
REQUEST
Upon motiof duly made and seconded, it was voted to refer the request of
the East Lexington Community Assoc. representative, Lillian T. MacArthur, to
place NO PARKING HERE TO CORNER signs on both sides of Charles Street and
Bowker Street where they intersect with Massachusetts Avenue, to the Traffic
Safety Advisory Committee for its review and recommendations.
met
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 5 - 0 by roll call
vote, Mrs. Smith, Mr. Marshall, Mr. Eddison, Mr. Dailey, Mr. McSweeney, to go
into Executive Session for discussion of matters of litigation, the disclosure
of which might adversely affect the interest of the Town, with the intent to
return to open session.
At 9:32 p.m. it was voted to return to open session.
ORDER OF TAKING/RETURN TO ABUTTERS, LEIGHTON AVENUE
Upon motion duly made and seconded, it was voted to execute an Order of
Taking for a strip of land, known as Lots 2 and 4, on the southerly side of
Leighton Avenue by eminent domain and convey this strip to the abutting land
owners for one dollar, as authorized by vote of the 1990 Town Meeting under
Article 52.
SEWER BETTERMENT ASSESSMENTS/CERTIFY, HAMILTON ROAD
Upon motion duly made and seconded, it was voted to certify sewer
betterment assessments as follows:
James W. & Elizabeth F. McDevitt Lot No. 243 $1,085.25
17 Hamilton Road
Virginia V. Blume Lot No. 324 $1,175.69
Geogrey D. & Diane Fitzgerald
18 Hamilton Road
Selectmen's Meeting .-7- September 10, 1990
CHAPTER 90 MEMORANDUM OF AGREEMENT
Upon motion duly made and seconded, it was voted to approve and execute
a Chapter 90 Memorandum of Agreement Reimbursement Form in the total amount of
$204,037.00 as requested by the Mass. Dept. of Public Works.
APPOINTMENT OF ACTING TOWN MANAGER
Upon motion duly made and seconded, it was voted to approve the
appointment of Deborah Radway as Acting Town Manager, from September 24, 1990
through October 9, 1990, during the absence of Richard J. White, Town Manager.
LOCKBOX SERVICES, TAX BILL PRINTING, CREDIT CARD PROCESSING, CENTURY BANK
Mr. White requested approval of compensating balance agreements with
Century Bank, as recommended by John Ryan, Comptroller, for lockbox services,
tax bill printing and credit card processing, which is in accordance with the
action of 1990 Town Meeting authorizing the approval of such contracts.
Mr. White explained that the use of credit cards by citizens for the
payment of Town bills such as parking tickets, dog licenses, building permits,
water, sewer and recreation fees could increase revenues by a few thousand
dollars per year because it is 30 percent more expensive for the Town to
process charges for checks than for credit cards. Real Estate payments will
not be accepted via charge card at this time.
Pita The use of magnetic tape and optical coding for all bills used in lock
box transactions will also increase town revenues due to the speed in
collection and processing time needed for payments made in this manner.
Upon motion duly made and seconded it was voted to approve compensating
balance agreements with Century Bank, West Somerville, MA, for lockbox
services, tax bill printing/stuffing, and credit card processing, which is in
accordance with the action of 1990 Town Meeting authorizing the approval of
such contracts.
FIVE YEAR FINANCIAL FORECAST
Mr. White presented information on the projected Five Year Forecast from
FY91 through FY96. This table was prepared by using a factor of 3 1/2% for
FY91. In addition, Mr. White stated that if CLT passes, the Town will lose a
minimum of 2 million dollars in State Aid. The Legislature will probably
reduce reimbursement to the Minimum Aid Communities such as Lexington,
Andover, Newton, Concord, since they have done so historically.
All departments and programs will be affected if this happens, including
Police, Fire Dept. and Town Hall.
GRANT APPLICATION/OLD LEX. INTERCEPTOR ABANDONMENT PROJECT
Upon motion duly made and seconded, it was voted to authorize the Town
Manager, Richard J. White, to file application for a grant and/or loan
assistance, execute agreements regarding and perform any and all other action
'"i" necessary under the Massachusetts Clean Waters Act, Water Pollution Abatement
Revolving Loan Program for the construction of one connection to the Millbrook
Valley Relief Sewer and improvements to the wastewater collection system at
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REAPPOINTMENT OF TOWN MANAGER wow
Upon motion duly made and seconded, it was voted to appoint Richard J.
White, 1 Pelham Road, Lexington, Town Manager, for a term of office to expire
on November 15, 1993.
ONE DAY LIQUOR LICENSE. ARMENIAN SISTERS' ACADEMY
Upon motion duly made and seconded, it was voted to approve application
of the Armenian Sisters' Academy, 6 Eliot Road, Lexington for One Day Liquor
License for a fund raising dinner dance to be held on Saturday, September 29,
1990 from 7:00 p.m. to 12:00 midnight.
ONE DAY LIQUOR LICENSE, ARMENIAN ARTS ALLIANCE
Upon motion duly made and seconded, it was voted to approve application
of the Armenian Arts Alliance for One Day Liquor License on Sunday, September
30, 1990, 12 Noon to 8:00 p.m. , for a Jazz Festival to be held on the grounds
of the Armenian Sisters' Academy, 20 Pelham Road, Lexington.
LEXINGTON RIDGE HOUSING DEVELOPMENT
Mr. White reported on continuing negotiations with the developer of
Lexington Ridge in an effort to reach an amicable agreement on an increase
from 25% to 30% of affordable units within the development. Mrs. Smith
commended him on his pursuit of the increase.
A revised position statement on the project was reviewed. The statement
had been amended to reflect the views of the Selectmen on the percentage of
affordable units, as voted on August 20, 1990, and recommended approval of the
application, subject to a number of conditions to ensure that benefits are glow
provided to the Town.
Upon motion duly made and seconded, it was voted to approve the Position
Statement of the Board of Selectmen on the application to the Board of Appeals
of Lexington Ridge Associates for Comprehensive Permit for construction of a
housing development on Waltham Street near the Waltham line.
MMA TRADE SHOW/ANNUAL MEETING
Mrs. Smith urged the members of the Board to notify the Selectmen's
Office of their decision on attending the MMA Trade Show and Annual Meeting to
be held in January, 1991.
Upon motion duly made and seconded, it was voted to adjourn at 10:28
p.m.
A true record, Attest:
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Audrey E.
Clerk
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SELECTMEN'S MEETING
September 24, 1990
A regular meeting of the Board of Selectmen was held on
Monday, September 24, 1990, in the Selectmen's Meeting Room, Town
Office Building, at 7 : 30 p.m. Chairman Smith, Mr. Marshall , Mr.
Eddison, Mr. Dailey, Mr. McSweeney; Ms. Radway, Acting Town
Manager; Mr. Lahey, Town Counsel ; Mrs. Snow, Executive Clerk, were
present.
TREE HEARINGS
Mrs. Smith noted the report of Dale Gaasland, Superintendent
of Parks & Trees, on five Tree Hearings which had been held earlier
in the year and asked for the Board's view on each.
The resident at #42 Webb Street had asked for removal of a
Chokecherry tree which has grown on her lot on land within the
Town's right of way. There being no opposition to the removal of
the tree by area residents, the Board agreed that it may be
removed.
M r. Gaasland reported on a deteriorating Beech tree on the
traffic island at Reed Street and Value Avenue and recommended it
removal for safety reasons. There being no opposition from
neighbors, the Board accepted Mr. Gaasland's recommendation.
A resident at 73 Meriam Street had requested that two Oak
�.r. trees on her lot be removed because of her allergies to oak pollen,
leaf mold and mildew.
Mr. Eddison had observed after a visit to the site that the
trees appear to be healthy and are from 80 to 100 years old.
Regarding the owner's request for relief because of allergies, he
noted that there are more than 20 large oaks in the neighborhood,
so that the removal of the two in question would do little to help
her condition. Mrs. Smith agreed with M r. Eddison, adding that the
trees do not seem to block sunshine from the petitioner' s home as
claimed.
Upon motion duly made and seconded, it was voted to deny the------
request
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request of Louise Bayle, 73 Meriam Street, for removal of two oak
trees located on the Town right of way on her property.
Mr. Gaasland had indicated in his report on a large Chestnut
tree at 10 Muzzey Street that it would be dangerous to allow the
tree to remain because of its deteriorated condition. One resident
of an adjacent street had requested, by letter. that the tree be
retained because of its beauty.
The tree at #10 Muzzey Street would be replaced by an Ash tree
and M r. Eddison referred to a proposed tree planting project f o r
all of Muzzey Street which, it is hoped, will be funded by a local
business organization.
Upon motion duly made and seconded, it was voted to remove the
Ohio Buckeye Chestnut tree at the roadside at #10 Muzzey Street, as
recommended by the Superintendent of Parks & Trees.
Several citizens, with an interest in the request for removal
of a shrub at 199 Woburn Street, were in attendance.
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Mr.
2Mr. Gaas l and had reported that the shrub, planted in the right-of-
way
ight-of--
way used by residents of #197 Woburn Street to exit to Woburn
Street, caused a visual obstruction and constituted a real danger ,,..
to motorists.
Mrs. Smith had found this to be true when she had attempted to
exit from the right-of-way.
Upon motion duly made and seconded, it was voted to remove the
shrub within the Town's right-of-way at #199 Woburn Street, as
recommended by the Superintendent of Parks & Trees.
PUBLIC HEARING. EDISON. NORTH STREET CONDUIT
Mrs. Smith orened a Public Hearing on the petition of the
Boston Edison Company for permission to install about 8 feet of
conduit in North Street near the Burlington line.
Edward Chisholm, representing the Edison Company, explained
that the work was being done at the request of the homeowner at 167
North Street for underground electric service.
There being no other comments or questions, Mrs. Smith
declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve
the petition, plan and orders of Boston Edison Company for a grant
of location for installation of approximately 8 feet of conduit in
North Street, easterly approximately 249 feet south of the
Burlington Town line.
PUBLIC HEARING. EDISON. EAST STREET CONDUIT
The Chairman opened a Public Hearing on the petition of BostcW.
Edison for permission to install conduit in East Street. '""o
M r. Chisholm explained that Mark Moore, who is rehabilitating
a house at #76 East Street, has requested installation of
underground service.
There being no further comments or questions, Mrs. Smith
declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve
the petition, plan and orders of the Boston Edison Company for a
grant of location for approximately 8 feet of conduit in East
Street, northeasterly approximately 275 feet west of Emerson Road.
MINUTES. TOWN MANAGER SEARCH PROCESS
Upon motion duly made and seconded, it was voted to accept, as
presented, the minutes of Selectmen's meetings in the form of
telephone conversations between September 17 and 28, 1987 , in
connection with the Town Manager search.
OCTOBER MEETING SCHEDULE
It was agreed that Selectmen's meetings will be scheduled f o r
October 15, and October 29, 1990, with the option of holding
meetings on October 1 , or 22, if they are necessary.
Selectmen' s Meeting -3- September 24, 1990
CONSENT AGENDA
ONE DAY LIQUOR LICENSES. ELKS & ST. BRIGID' S
Upon motion duly made and seconded, it was voted to approve
applications for the following One Day Liquor Licenses:
.B.P.O.Elks, Lodge #2204, 959 Waltham Street:
October 6 , 1990 - Wedding reception 4 - 9 p.m.
October 7 , 1990 - Wedding reception 9 -- 9 p.m.
October 12 , 1990 - Social 7 - 12 Midnight
October 13, 1990 -- Social 1 - 5 p.m.
October 19 , 1990 - Social 7 - 12 Midnight
October 20, 1990 -- Social 7 - 12 Midnight
.St. Brigid's Church, Kielty Hall , 2001 Mass. Avenue, October
13, 1990, Italian Night, from 7 p.m. to 12 Midnight.
TRAFFIC ITEMS
Upon motion duly made and seconded, it was voted to refer the
following requests to the Traffic Safety Advisory Committee f o r
review and recommendations:
The request of Margaret Harte ry, 12 Cary Avenue concerning the
Marrett Road/Middle Street intersection; and the request of Paul
White, proprietor of Signature Stationers, 1707 Mass. Avenue,
concerning traffic safety in the municipal parking lot behind the
Salter Building.
COMMITMENTS
Upon motion duly made and seconded, it was voted to approve
commitment of the following charges:
Street Opening Permit Fees, $624.00 & $25 .00
Cycle 9 Water Bills/September $76 , 771 . 28
ABATEMENTS
Upon motion duly made and seconded, it was voted to approve
abatement of the following charges: Sewer Charges in the total
amount of $372. 68; Water Charges, $199 . 32 ; Sewer Charges, $212.34;
and Demand Charges, $35.00.
LEAF COMPOSTING/RECYCLING
Richard Spiers, Director of Public Works, was present for
report to the Board on the Town's leaf composting program. Ms.
Radway noted that in 1989 , 1 ,400 tons of leaves had been collected,
at a savings of $80,000 to the Town that year in trash removal
costs.
Mr. Spiers outlined the 1990 program, which is to run from
October 15 to December 14, with biodegradable leaf bags available
for sale at various stores in the Town starting September 29. He
added that a flyer, containing the rules for curbside collection of
leaves, will also have regulations on the January '91 collection of
Christmas Trees.
An analysis of tonnage of waste and costs for disposal since
1985 showed the significant savings realized since the inception of
the recycling program in 1988.
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Mr. Marshall suggested that the figures on such savings be provided
to the Town Meeting when FY92 budgets are being considered.
Mrs. Smith thanked Mr . Spiers for his productive efforts in "W.
the recycling program which she felt had been received by
townspeople with enthusiasm.
CH. 90 REIMBURSEMENT FORMS
Upon motion duly made and seconded, it was voted to execute
"Chapter 90 Reimbursement Request #1 , Final Advisory Report on
Chapter 90 Bond Issue Project" and "Chapter 90 Project Final
Report" , to enable the Town to receive $122 , 541 .95 in Chapter 90
reimbursements for resurfacing of Mass. Avenue, Reed Ctreet and
School Street.
HOSPITAL SELECTION POLICY
Chief John Bergeron, Lexington Fire Department, was present to
give his recommendations for revision of the Hospital Selection
portion of the Selectmen' s Ambulance Policy. The Chief explained
the need to delete both Choate and Sancta Maria Hospitals since
those facilities no longer operate, and requested that several ,
more distant, hospitals with specialized equipment be added to the
list of hospitals from which to choose. He told of en route life
saving procedures which now can be performed in ambulances by EMTs
which permit a longer transportation time to hospitals.
Upon motion duly made and seconded, it was voted to accept the
recommendation of Fire Chief John Bergeron for revision of the
Hospital Selection Policy , paragraph #1 , to read as follows: .•••
" 1 . Patients will only be transported to the following
emergency rooms: Symmes, Emerson, Waltham, Winchester, Lahey,
Mount Auburn , Bedford Veterans, Children' s, *Massachusetts General ,
*Boston City, *Longwood Avenue Consortium, and *Newton/Wellesley
Hospitals. " (*denotes hospitals added. )
Chief Bergeron invited all to attend the Fire Department's
Open House on October 6 .
HEAVY EQUIPMENT NOISE STUDY COMMITTEE
Joy Buchfirer, Chairman, and members of the Heavy Equipment
Noise Study Committee Chris Kenney, Tom Spera, and Betty Flynn were
present for an update on the Committee' s progress to date in its
studies as to ways to address the impact of heavy noise-producing
equipment used in construction. The Planning Board & Board of
Appeals had been informed of this appointment.
Chris Kenney spoke of current existing legal avenues to be
followed by those being disturbed by construction noises such as
Disturbing the Peace Regulations; Dept. of Environmental
Engineering Regulations; and Common Law Nuisance laws. In research
of ways in which other communities deal with such problems, it was
found that it is done either by tacit agreement with the developer
or explicit by-laws to be enforced by the Police or a Code
Enforcement Officer.
Selectmen' s Meeting -5- September 24, 1990
It had been found that in cases where a by-law had been enacted,
violations are considered criminal offenses, punishable by fines of
several hundred dollars which would be a small deterrent to
contractors on a tight time schedule.
An approach through the Board of Appeals, Planning Board or
Selectmen Special Permit Granting process was discussed, whereby
hours of operation would be written into the Special Permit. It
had been suggested by the Health Director that D. E.Q. E. Regulations
could, in some cases, be enforced, since not all projects are
subject to a Special Permit requirement.
Fire Chief Bergeron said that he would have an opportunity to
limit hours of work where blasting is concerned, but not drilling.
Support for a by-law had been expressed by these officials,
with revocation of permission to operate as a penalty f o r
violations.
Tom Spera said, however, that the Committee had concluded that
regulation through the Special Permit process seemed the best
method to pursue and that enactment of a specific by-law might not
be in the best interest of the Town.
Mrs. Buchfirer summarized her committee' s conclusions, and
gave the following suggestions:
1 . Hours of operation of heavy equipment could be written into
Special Permits by the Granting Authority. The suggestion was for
operation from 7 :00 a.m. to 6:00 p.m. Monday through Saturday, with
special permission by the Selectmen and Special Permit Granting
Authority for operation on Sundays or holidays;
2. Enforcement by a Code Enforcement Officer and, after the
Officer's working hours, by the Police Dept.
3 . Dissolution of current Committee and a new Committee
formed, with a Charge of a broader scope to allow the problems of
noise not generated by heavy equipment to be addressed, e. g. air
conditioners, hammering, etc.
She asked for a sense from the Selectmen as to which approach
they would wish the Committee to pursue.
Mrs. Smith urged that the Committee come to its own decision
on a recommendation and that it be included in the written report
to be submitted to the Selectmen.
Mr. Marshall and Mr. McSweeney said they would be
uncomfortable with limiting of hours of work, noting that non-noise
producing tasks could be accomplished in early hours. They
questioned a process which would involve regular on-site inspection
and pro-active enforcement.
Mrs. Smith thanked the Committee for the tremendous amount of
work they had accomplished, noting that the Planning Board and
Board of Appeals will be asked to be present when the Committee's
report has been received and decision is being made.
PRELIMINARY TAX BILLS
Chairman of the Board of Assessors, Robert Leone, and Town
Assessor Harald Scheid met with the Board to explain the need to
generate preliminary real estate tax bills this November.
-6-
INNS
Mr. Leone noted the decline in real estate values since the last
revaluation in 1989, which will result in a significant increase in
abatement requests if values are not adjusted, and a substantial
deficit in the FY91 overlay of $400,000. The Nov. ' 90 bills would
be for the same amount as the final bills of FY90, with the
increase in tax rate reflected totally in the final FY91 bill ,
after adjustment of values.
M r. Leone said that commercial and industrial property present
a serious problem since those valuations are based on income
valuation, which has declined due to the financial situation in
Massachusetts. He saw many applications from commercial property
owners for abatements who will face even larger percentages of
increase than residential .
The Assessors were thanked for their input on the preliminary
tax bill process and the newspaper reporter asked for publication
of information to help residents to understand i t.
SCATTERED SITE HOUSING. PARK DRIVE/WALTHAM STREET
Residents of Forest Street met with the Board to express their
concerns about the location of a driveway for a house being
constructed on the corner of Waltham Street and Park Drive as part
of the Town' s scattered site affordable housing program.
A site plan of the lot, showing the placement of the house !Du
not the driveway, was distributed. A drive from Park Drive, a
unaccepted access road to the Senior High School , had been proposed 9.111.
since it fit well on the lot and would be safer for the tenants
than exiting onto Waltham Street. Such an access would be allowed
without a Special Permit, only if a second driveway to Waltham
Street is provided.
Mr. McSweeney pointed out the efforts being made to keep the
house affordable and felt that an extra driveway was an unnecessary
expense.
Mr. and Mrs. Rutishauser, residents of the opposite Park
Drive/Forest Street lot, opposed the Park Drive access and asked
that the road continue its use as parkland, The Rutishausers had
previously been denied access from Park Drive and they claimed that
there was no legal basis for making an exception on the ruling f o r
the new house.
Mrs. Smith explained that since the lot is not privately owned
and the Town owns both the lot and Park Drive, this project can be
laid out at the Town's discretion in whatever way is considered to
be in the best interest of all concerned.
Mrs. Rutishauser pointed out that the status of the property
could be changed i f, in the future the Town should decide to sell
the house.
M r. Dailey felt that having two driveways on the small lot
would be unattractive and a waste of money and recommended that if
the Board of Appeals/Special Permit process is followed, a
condition be imposed stating that the Park Drive access would
remain only as long as the house is in Town ownership. `'r
;(4'
Selectmen' s Meeting -7- September 24, 1990
Mrs. Smith th requested that, having heard the concerns expressed
and the recommendations of Mr. Dailey and Mr. McSweeney, Ms.
Radway, working with LexHAB and the Building Commissioner, go
forward with the decision process on the location of the driveway.
Mrs. Smith left the meeting at this time to avoid the
appearance of conflict of interest in the discussion of matters
involving Massport. The remainder of the meeting was turned over
to Mr. Eddison who acted as Chairman.
LEGAL COUNSEL. PART 150 STUDY
Mr. Eddison outlined the 'request 'to to four HATS II towns by
concerned citizens and the four joun Towns' '"representatives to the
Hanscom Field Advisory Commission, to finance legal services in
connection with the Part 150 Noise Compatibility Study now underway
at Hanscom Field. These services would help to insure appropriate
noise measurement techniques and to identify procedures to minimize
future noise impacts on the surrounding communities.
M r. Eddison reported on an interview with Eliot R. Cutler of
Cutler and Stanfield, the firm which has been recommended for
provision of these services. Representatives of the four HATS
towns had found M r. Cutler to be very knowledgeable, lucid in h i s
presentation and well qualified in this field and had agreed to
recommend to their respective Boards of Selectmen that they
approve:
a. the commitment of up to $5,000 for each town for legal
services in connection with the Part 150 Study; and
b. the signing of a contract for these services, subject to
prior reference checks, with the firm of Cutler and Stanfield.
In addition, it was agreed that, in the interest of holding
down costs and facilitating communications between the law firm,
the towns and Massport during the Part 150 Study process. the legal
talent and services offered by attorney Maya Ruettger-Cruciana of
Bedford, be utilized. To enable her to function more effectively,
it was recommended that Ms. Ruettger-Cruciana be appointed to fill
an existing vacancy in the Hanscom Field Advisory Commission as
representative of an "area wide organization concerned with the
environment, transportation, planning, aircraft noise and land use
and development" e.g. HATS II . Mr. Eddison asked the Board to
approve this appointment.
Upon motion duly made and seconded, it was voted 4 - 0 to
commit up to $5 ,000.00 for legal services in connection with the
Part 150 Study; to sign a contract for these services, subject to
prior reference checks, with the firm of Cutler and Stanfield; and
to approve the appointment of Maya Ruettger-Cruciana of Bedford, as
the representative of HATS II to the Hanscom Field Advisory
Commission to fill the unexpired term of the representative of the
Mass. Audubon Society to June 30, 1992 .
Upon motion duly made and seconded, it was voted to adjourn at
9:46 p.m.
A true record, Attest:
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Marion H. ow
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