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HomeMy WebLinkAbout1990-09-BOS-mina 3 SELECTMEN'S MEETING 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 S feet. PUBLIC HEARING BOSTON EDISON CRAWFORD ROAD CONDUIT Mrs. Smith opened a public hearing on the petition of the Boston Edison POOL 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. MI NUTESZAUGUST_ 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. ryra _. L/ GOAL SETTING APPROVAL Mr. White submitted the Selectmen's Goals for formal adoption. Mr. Dailey and Mr. Eddison questioned how with the 2 1/2% tax levy 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 %? 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 -s: a Community Development Action Grant which may be applied for by the Town r assist in paying the cost to construct the infrastructure needed for the Pill �.rrr 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 CRAG, 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. d Selectmen's Meeting -3- September 10, 1990 0aft 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 P S 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; Z. 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 pow removal equipment from servicing the area. Mr. Spiers stated that the street is narrower than our accepted standards for roads. r 6 7 k�> 4 - 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 S reat potential for spillover parking on "old Spring Street" unless it is posted No Parking and presented the recommendation of the Committee that "Old Sprin P S 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. STOP SIGN V 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 "Stops` 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: 10 Lincoln Street at Worthen Road Z. Oakland Street at Meriam Street 3. Patriots Drive at Meriam Street 4. Mason Street at Peacock Farm Road a� Selectmen's Meeting -5- September 10, 1990 F Y 91 WATER /SEWER RATES Mr. White presented the mater /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' 94 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 pow $1.18 /H.C.F. pending membership of Bedford in the M.W.R.A. r In response to Mr. Marshall 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 to hcf $0.70 /hcf $0.98 /hcf $1.58 /hcf 11 -- 40hcf $o. 99 /hcf $1.25 /hcf $2.24 /hcf 41 - 80hcf $o. 93 /hcf $1.58 /hcf $2. b7 /hcf 81 - 120hcf $1.47 /hcf $2.37 /hcf $3. S4 /hcf 121 - 160hcf 1.52 /hcf $2.40 /hcf $3:92 /hcf 161 and over $1.52 /hcf $2.45 0 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 serer 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 appro e water and sewer rates to the Veteran's Hospital and Hanscom Air Force Base in Bedford for FY91 at $1.3 5 /HCF . CONSENT AGENDA Pam A--1 TAXI OF LEXINGTgNL 2ND VEHICLE Upon motion duly made and seconded, it was voted to approve the z application of BAF Taxi, Inc. d /b /a A--1 Taxi of Lexington, 24 Common Street., Waltham, MA to operate a second vehicle Mass. Reg. -TAX 1764 - to expire on May 1, 1991, aT - 6 - 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 RE VEST 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 STe MASS. AVENUE EAST LEX. COMM. ASSOC. RE UEST Upon motion 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. 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. 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 necessary under the Massachusetts C1ean'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 e? . I REAPPOINTMENT OF TOWN MANAGER 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 LI UOR 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 LI UOR 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 30Z 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 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: Audrey E. eshler Clerk ��e SELECTMEN'S MEETING September 24, 1990 A regular meeti of the Board of Selectmen was held on Monday, September 24, 1990, in the Selectmen's Meeting Room, Town office B u i l d i n g , 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 W ebb Street had asked for removal of a Chokecherry tree which has grown on her l 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. Mr, Gaas 1 and reported on a deteriorating Beech tree on the traffic i s l a n d at Reed Street and Vai l l a 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 a l l e r g i e s to . oak p o l l e n , leaf mold and mil dew . Mr. Eddi son 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 r e l i e f 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 h e l p her condition. Mrs. Smith agreed with M r . Eddi son , 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 �h� 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 i 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 Mr. Eddi son referred to a proposed tree planting project for 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 c i t i z e n s , with an interest in the request for removal of a shrub at 199 Woburn Street, were in attendance. ,� I �2- Mr, Gaas 1 and had repo rted that the shrub, planted i n the right-of- way used by residents of #197 Woburn Street to exit to Woburn Street, caused a visual obstruction and constituted a real danger vmw to motorists. Mrs. Smith had found this to be true when she had attempted to exit from the right -of --way. Upon motion d u l y 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 or-ened 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 1 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, p l a n and orders of Boston Edison Company for a grant of location for i n s t a l l a t i o n of approximately S feet of conduit in North Street, easterly approximately 249 feet south of the Burlington Town line. PUBLIC HEARING EDISON EAST STREET CONDUIT The Cha i rman opened a Pub 1 i c Hear i ng on the pet i ti on of Bosto . Edison for permission to install conduit in East Street. Mr, Chisholm explained that Mark Moore, who is r e h a b i l i t a t i n g a house at #76 East Street, has requested installation of underground service. There being no further comments or questions , Mrs. Smi declared the hearing closed, Upon motion duly made and seconded, it was voted to approve the p e t i t i o n , p l a n 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 d u l y 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 for Octobe 15, and October 29, 1990, with the option of ho 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 L i censes : .B.P.O.Elks, Lodge #2204, 959 Waltham Street: October 5 9 1990 - wedding reception 4 - 9 p.m. October 7 , 1990 - Wedding reception 9 -- 9 p.m. October 12, 1990 - Social 7 - 1 2 M i d n i g h t October 13, 1990 -- Social 1 - 5 p. m. October 19 v 1990 - Social 7 - 1 2 M i d n i g h t October 20 v 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 for 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 m u n i c i p a l 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, $524.00 & $25.00 Cycle 9 water Bills/September $75,771.25 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. LEA COMPOSTING RECYCLING Richard Spi ers, 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, Spi ers outlined the 1990 program, which is. to run from October 1 5 to December 14, w i t h biodegradable 1 eaf bags a v a i l a b l e for sale at various stores in the Town starting September 29. He added that a flyer, containing the rules for curbside collection of leaves, w i 1 1 also have regulations on the January '91 collection of Christmas Trees. An a n a l y s i s of tonnage of waste and costs for disposal s i nce 1985 showed the s i g n i f i c a n t savings realized since the inception of the recycling program in 1988. ZC Mr. Marshal 1 suggested that the f i gures on such sav i ngs be prov i ded to the Town Meeting when FY92 budgets are being considered. Mrs. Smith thanked Mr. Sp i ers for his productive efforts in 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 Street and School Street, HOSPITAL SELECTION POLICY Chief John Bergeron, Lexington Fire Department , was present to give his recommendations for revision of the Hospital S e l e c t i o n portion of the Selectmen's Ambulance Policy. The Chief explained the need to delete both Choate and Sancta Maria Hospitals since those f a c i l i t i e s no longer operate, and requested that several, more distant, h o s p i t a l s with s p e c i a l i z e d equipment be added to the l i s t of h o s p i t a l s 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 thF Hosp i to 1 S e l e c t i o n P o l i c y , paragraph #1, to read as f o l l o w s : " 1 . Patients will only be transported to the following emergency rooms: Symmes , Emerson, Waltham, Winchester, Lahey, , Mount Auburn, Bedford Veterans, C h i l d r e n ' 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 Buchf i re r , Chairman, and members of the Heavy Equipment Noise Study Committee Chris Kenney, Tom Spe ra , 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 E n g i n e e r i n g Regulations; and common Law Nuisance laws. I n 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 P o l i c e or a code Enforcement Officer. vow 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 c o u l d , 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 d r i l l i n g . Support for a by --law had been expressed by these off i c i a 1 s , with revocation of permission to operate as a penalty for violations. Tom Spe ra 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 spec i f i c by -1 aw mi ght not be in the best interest of the Town. Mrs. Buchfirer summarized her committee's conclusions, and gave the f o l l o w i n g 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, w i t h special permission by the Selectmen and Special Permit Granting Authority for operation on Sundays or h o l i d a y s ; 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, w i t h a Charge of a broader scope to allow the problems of noise not generated by heavy equipment to be addressed, e.g. air c o n d i t i o n e r s , 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 regu 1 ar 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 p r e l i m i n a r y real estate tax bills t h i s November. 20 Mr. Leone noted the decline in real estate values since the last revaluation in 1989, which will result in a s i g n i f i c a n t increase in abatement requests if values are not adjusted, and a substantial deficit in the FY91 overlay of $400,000. The Nov. '90 bills wou i d be for the same amount as the final bills of FY90 , with the increase in tax rate reflected totally in the f i n a l FY91 bill, after adjustment of values. Mr, Leone said that commercial and industrial property p resent a serious problem since those valuations are based on income v a l u a t i o n , which has declined due to the f i n a n c i a l 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 h e l p residents to understand it. 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 p l a n of the lot, showing the placement of the house bu - 4 not the driveway, was distributed. A drive from Park Drive, a: unaccepted access road to the Senior High School, had been p roposea mom since it fit w e l l 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 f e l t 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 p r e v i o u s l y been denied access from Park Drive and they claimed that there was no legal basis for making an exception on the r u l i n g for the new house. Mrs. Smith e x p l a i n e d 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 if, i n the future the Town should decide to sell the house. Mr. 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 o n l y as long as the house is in Town ownership. `'r 3� Selectmen's Meeting � 7- September 24, 1990 Mrs. Smith 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 i i n the discussion of matters i n v o l v i n g Masspo rt . The remainder of the meeting was turned over to Mr. Eddison who acted as Chairman. LEGAL COUNSEL PART 150 STUDY Mr. Eddison outlined the ' regVest I to �'t�e four HATS I I towns by conce rned c i t i zens and the f ou ro ' rep resentat i ves to the Hanscom Field Advisory Commission, to finance legal services in connection with the Part 150 Noise Compat i b i 1 ty Study now underway at Hanscom F i e l d . These services would h e l p to insure appropriate noise measurement techniques and to identify procedures to minimize future noise impacts on the surrounding communities. Mr, Eddison reported on an interview with Eli R. Cutler of Cutler and S t a n f i e l d , the firm which has been recommended for provision of these services Representatives of the four HATS towns had found Mr. Cutler to be very knowledgeable, l u c i d in h i s presentation and w e l l qualified in this field and had agreed to recommend to their respective Boards of Selectmen that they approve a, the commi of up to $5 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 S t a n f i e l d . 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 ta lent and services offered by attorney Maya Ruettge r -C ruc i ana of Bedford, be u t i l i z e d . To enable her to function more effectively, it was recommended that Ms. Ruettge r -C ruc i ana be appointed to fill an existing vacancy in the Hanscom Field Advisory Commission as representative of an is 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 S t a n f i e l d ; and to approve the appointment of Maya Ruettge r -C ruc i ana 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, 19926 Upon motion d u l y made and seconded, it was noted to adjourn at 9.45 p.m. A true record , Attest: Marion H. ow J VOID J