HomeMy WebLinkAbout1982-02-BOS-min 1t
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SELECTMEN'S MEETING
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February 1, 1982
A regular meeting of the Board of Selectmen was held in Estabrook Hall
on Monday, February 1, 1982 at 7:30 P.M. Chairman Busa, Mrs. Battin, Mrs.
Miley, Mr. Crain and Mr. Politi; Mr. Hutchinson, Town Manager; Mr. Cohen,
Town Counsel; Miss Adler, Assistant to the Town Manager and Miss Casey, Ex-
ecutive Clerk were present.
The Chairman convened the meeting and read a request from the Old One Day
South Association in Boston for a One Day Liquor License for April 1 at Lig. Lie.
the Museum of Our National Heritage.
Upon motion duly made and seconded, Mr. Politi abstaining, it was
voted to issue a One Day Liquor License to the Old South Association in
Boston, for April 1 at the Museum of Our National Heritage.
A request from the Town. Celebrations Committee for the use of the Battle
Battle Green on Sunday, April 18. Green
Upon motion duly made and seconded, it was voted to grant permission
to the Town Celebrations Committee for the use of the Battle Green on
Sunday, April 18 at approximately 1:30 P.M.
..w The Chairman requested the pleasure of the Board regarding two traf- Traffic
f is items received by the Traffic Safety Committee. Safety
I ` Upon motion duly made and seconded, it was voted to request the Com.
recommendations of the Traffic Safety Committee relative to a request from
Marion Dolan for a painted guide line at Five Forks and a request from
Capt. Lima for a "No Parking" sign on Fletcher Avenue,
The Chairman referred the Board to its copies of a letter from the Minute
Minuteman Home Care Corporation requesting a letter of support for a Man
grant application relative to a coordinated transportation system for Home CarE
elderly and non-elderly individuals with mobility limitations. Corp.
Upon motion duly made and seconded, it was voted to respond to the
Minuteman Home Care Corporation in support of its efforts for a grant
application, subject to funding in our Town Meeting process. Mr. Hutch-
inson is to reply to Mrs. Dratch.
The Chairman read a request from Town Counsel for the Board's sig- Conserva-
natures on a deed for conservation land transfer. tion Land
Upon motion duly made and seconded, it was voted to sign the deed Deed
conveying land at the rear of Parker School to the Conservation Commis- Parker
sion as voted under Article 41 of the warrant for the 1980 Annual Town School
Meeting.
A request for a letter of commendation from the Adams-Russell CATV Adams-
Division was discussed. Russell
ani Upon motion duly made and seconded, it was voted to indefinitely CATV
postpone sending a letter of commendation to the Adams-Russell Company.
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Minutes Upon motion duly made and seconded, Mrs. Battin abstaining, it was
voted to approve the minutes of the Selectmen's Meeting of January 18.
Transfer The Manager requested approval of the Board for a transfer from the
Reserve Fnd. Reserve Fund to the snow removal account.
Snow & Ice Upon motion duly made and seconded, it was voted to approve the trans-
Acct. fer of $20,000 from the Reserve Fund to the Snow & Ice Budget Acct. #5500.
BSC Eng. Upon motion duly made and seconded, it wasvoted to approve payment of
Pmt. of a bill in the amount of $6,283.98 to BSC Engineering for professional
services rendered in connection with the North Lexington Roadway Improve-
ments project. The amount is to be deducted from the Selectmen's Gift
Account.
Committees The Board discussed the Selectmen appointed committees and agreed that
many are no longer active and should be dissolved.
Upon motion duly made and seconded, it was voted to dissolve the
following committees:
Ethical Issues Sub-Committee Health Finance Sub-Committee
Health Legislation Sub-Committee Human Services Legislation Sub-
Mandatory Retirement Sub- Committee
Committee Appointment Criteria Committee
Bicentennial Committee Burglar Alarm Committee
Community Access Center Task Local Programming Task. Force
Force Growth and Development Policy
Proposals Evaluation Task Force Committee
Insurance Committee Pest Control Advisory Committee
Senior Center Site Committee Solid Waste Advisory Committee
Flagpole Dedication Sub- School Sites Conversion Committee
Committee
Tax Rate At 8:00 p.m. the Board of Assessors met with the Selectmen to conduct
1982 the final public discussions on the 1982 tax rate.
Mr. Willard Crush, Chairman of the Board of Assessors, explained the
"split" rate proposed by the assessors stating that it was felt it was the
fairest thing for all property owners involved.
Mr. Albert Zabin questioned what impact a rise in the commercial-
industrial rate would have on downtown merchants as he felt that rents are
charged according "to what the traffic will bear" rather than based on the
tax rate-and he favored giving the homeowner the best break possible
without adversly affecting the local merchants.
Mr. Robert Sacco, former president of the Chamber of Commerce, in-
formed the Board that the Chamber had completed a computer analysis of all
businesses in town showing the impact of tax rates by location which he
will turn over to the Board of Assessors.
Mr. Robert McAulay, 4 Lexington Avenue, suggested that the Board of
Selectmen work toward having the Legislature change the laws which group
commercial and industrial properties into the same classification. It was
his contention that downtown retailers contribute to the "residential way
of life" more than the 128 type industrial developments and the merchants
should be eligible to be taxed at the residential rate.
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r.. Mr. Crush explained that the Assessors have had a policy of request-
ing new lease information when there has been changes in the larger build-
-- ings, but not from the office buildings where there might be a smaller
tenancy change. He said that they try to keep abreast of the major changes
in tenancies.
Mr. Grush also explained that spot checks had been done on Patten's
figures comparing the ratio of assessed values to recent sale prices which
indicated that Patten's work fell within a reasonable bracket for the
Assessors' satisfaction.
Mr. Hutchinson stated that property owners who still felt aggrieved
about the accuracy of their new values can apply to the Board of Assess-
ors for tax abatement proceedings following receipt of the spring tax
bills.
Mr. Politi expressed concern about the trend of converting retail
space into office condominiums which cannot legally be prevented under
the local zoning ordinances. It was his feeling that the Board should
start to work toward changing the laws so that there would be a division
between commercial, industrial rates and residential rates.
Mrs. Battin stated that the potential problem of retailers selling
their buildings for office space is one of the major issues being looked
at by the Center Revitalization Committee in an effort to "stem" the
tide.
Upon motion duly made and seconded, Mr. Crain abstaining from vot-
ing, it was voted to accept the recommendations of the Board of Assessors
and set the 1982 tax rate at $1496 for residential property and $27.77
for commercial/industrial property.
The Chairman thanked Mr. Grush and the Board of Assessors for -their
efforts in presenting an equitable tax rate for all, and they retired
from the meeting.
Mrs. Battin requested authorization from the Board for approval of Mrs. Battin
the registration fee to attend the Massachusetts Municipal Association IIA Conf.
Legislative Conference on March 27.
Upon motion duly made and seconded, it was voted to approve the
payment of the registration fee for Mrs. Battin to attend the Massachu-
setts Municipal Association on March 27.
Mr. Cohen brought up the question of the recent passage of Clause Warrant
Seventeenth C of Section 5 of Chapter 59 of the General Laws relating Article
to tax exemptions for certain elderly persons, surviving spouses and Ch. 59
minors. He pointed out that the statute had to be accepted if these ex- Sec. 5
emptions were to continue. Mr. Grush suggested that an article be in the
Warrant for this prupose.
Upon motion duly made and seconded, it was voted to put an article
in the Warrant relative to the acceptance of Clause Seventeenth C of
Section 5 of Chapter 59 of the General Laws relating to tax exemptions
for certain elderly persons, surviving spouses and minors.
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There was no Executive Session. _
Upon motion duly made and seconded, it was voted to adjourn at
8:55 P.M.
A true record, Attest:
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Executive Clerk.
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SELECTMEN'S MEETING
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February 8, 1982
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, February 8, 1982, at
7:30 P.M. Chairman Busa, Mrs. Battin, Mrs . Miley, Mr. Crain and Mr. Politi;
Mr. Hutchinson, Town Manager; Mr, Cohen, Town Counsel; Miss Adler, Assistant
to the Town Manager; Mrs. Snow, Principal Clerk, were present.
Mr. Hutchinson commented briefly on his review of the preliminary draft By-Law
of General By-Law amendments as submitted by the By-Law Committee and Amendments
explained that the Committee's appointment with the Board this evening had
been cancelled due to illness of its chairman. Mr. Politi agreed to review
and report to the Board on the draft, and, upon recommendation of Town Coun-
sel, the draft, in its present form, will be filed with the Town Clerk.
The Chairman requested the Board to vote its intention to lay out as Intent to
public ways Outlook Drive, Meadowbrook Avenue and Wellington Lane Avenue. lay out
Upon motion duly made and seconded, it was voted to lay out as pub- outlook. Di
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recent development in North Lexington and resultant increase in traffic
on Bedford Street and Hartwell Avenue. He also noted in the cases of Bos-
ton Properties and Data Resource, that the B/A had considered on-site probmew
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lems it only concern when in both cases, the Planning Board had made recom-
mendations regarding traffic which were not taken into consideration in the
issuance of Special Permits.
The Board of Selectmen was asked for its support of the Article.
Mrs. Battin asked if the Board of Appeals would have guidelines to
make determinations on off-site traffic impact. Mr. Sandy responded that
such guidelines would be developed and that the Planning Board and Engin-
eering Dept. would continue to provide recommendations.
Mr. Politi raised a question as to the legal propriety of a require-
ment to consider off-site criteria in the S.P.S. process. Mr. Cohen will
research the legality of application of the proposed by-law.
In response to Mrs. Miley's question about possible rezoning of certain
industrial parcels, Mr. Sandy said that both rezoning for limited develop-
ment and a construction moratorium have been discussed but that the Planning
Board feels that this procedure through B/A Special Permit with Site Review,
with each case reviewed on its own merit, is preferable.
It was brought out that the Board of Appeals has doubts that restric-
tions placed on traffic movement could be enforced. Enforcement procedures
would need to be explored since the Building Commissioner is the only Zoning
Enforcement Officer and it was felt that additional measures would be needed.
Mrs. Wheaton noted offers to relieve traffic congestion made by various
developers and felt that they would also cooperate regarding enforcement.
Since the standard penalty for zoning violations is $100/day, industry
would make an effort to conform.
Mr. Busa brought out that the North Lexington Traffic Improvement Pro- 4
ject should relieve most of the traffic problems in the area. ile
felt it unfair to place restrictions on the remainder of the commercially
zoned,but undeveloped, land.
Mr, Sandy responded that the State should not have to correct Lexington's
traffic problems if more unrestricted commercial development is allowed.
Mrs . Wheaton said that many developed sites in the Hartwell Avenue area,
as well in other Commercially zoned areas of Town, have potential for expan-
sion of facilities .
The Chairman thanked the Planning Board for its attendance and for the
in Fo rmat ion provided. The Planning Board retired from the meeting.
Water Assest- A letter from the Town Engineer of Lincoln, requesting possible assis-
ance, tance from Lexington during construction of a new water storage reservoir was
Lincoln noted. Lincoln is seeking sources of water independent of its own to be used
only in case of extreme emergency.
Director of Public Works will be requested to review the request and to
give his recommendations to the Board.
Upon motion duly made and seconded, it was voted to table the request of
the Town of Lincoln for emergency water supply assistance pending receipt of
Mr. Tonaszuck's report to the Board.
Amherst, N.H. Request from the Planning Board of Amherst, N.H. for information on mul-
Zoning Info ti family zoning to assist in formulation of new regulations, was noted.
Upon motion duly made and seconded, it was voted to send the Lexington
Zoning By-Laws to the Amherst, N.H. Planning Board at no charge for the docu-
ment.
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electmen's Meeting February 8, 1982
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Upon motion duly made and seconded, it was voted to grant the request Permit -
{ of the Lexington Minute Men, Inc. for the use of the Green on Sunday after-Minutemen
noon, April 4, from 2 p.m. to 4 p.m. to rehearse the reenactment of the Battlegreen
Battle of Lexington, and on Monday morning, April 19, for the purpose of
the reenactment of the Battle of Lexington.
Upon motion duly made and seconded, it was voted to transmit to the Flynn
Traffic Safety Advisory Committee for its recommendation, a letter from request for
Elizabeth M. Flynn, dated February 4, 1982, containing a request for warn- signs,Con-
ing signs on Concord Avenue. cord Ave.
Mr. Busa reported on a Channel 5 editorial about inadequate signage Lexington
in Massachusetts in general, and a specific comment about poor directional btreet sign
and street signs in Boston and Lexington. The Town Manager was asked the
investigate the matter.
Upon motion duly made and seconded, it was voted to appoint James F. Mr. Crain
Crain as acting chairman for the period from February 9, 1982 to Febru- Acting Chmn
ary 16, 1982, in the absence of Mr. Busa.
Mr. Hutchinson informed the Board that the Muzzey School Conversion Muzzey Sch.
Committee has selected four firms for the final competition for the con- Developers
version of the Muzzey School. Developers will be interviewed by the Board
and the Committee on March 1.
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The Manager noted a high degree of response to the newspaper article Parking
on reserved parking spaces in the CBD and surrounding areas. Since the Permits, CB
applications for permits may outnumber the spaces available, a lottery
system may be used to allocate the spaces.
Upon motion duly made and seconded, it was voted to adopt the "Begin- Parking
lations for Permit Parking" as follows: Regulations
adopted
Regulations for Permit Parking
These regulations govern the use of off-street parking lots operated by
the Town of Lexington and designated for permit parking only.
1. The permit is issued to an individual or a company (the permit holder)
and may be used for the parking for one of up to five (5) authorized
vehicles, the motor vehicle registration number of which is listed, by
the permit holder, on the application form and shown on the permit.
The permit may not be used with any other vehicle whose vehicle regis-
tration number is not listed on the permit.
2. Permits may be issued for periods of three, six or twelve months only.
All permits will expire on the last day of a month and will be stamped
accordingly. Permits issued on or after the 25th day of a month are
valid for the remainder of that month and for the three, six, or twelve
month period following thereafter.
3. The permit must be displayed on the inside of authorized vehicles so
1 that the motor vehicle registration numbers may be read by a police
officer. The permit shall be clipped to the sunvisor on the driver's
side of the vehicle. If the vehicle is parked in the outside row of
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a parking lot, the driver shall either: 1) back into the parking
space and display the permit through the windshield, or drive
into the parking space and swing the visor so the the permit is dis-
played through the window in the door on the driver 's side. If the
permit is not displayed, a parking ticket may be issued for unauth-
orized parking in a restricted area.
The authorized vehicle must be parked in the area designated by the
signs for public permit parking. If parked elsewhere in the lot, a
parking ticket may be issued for parking in a restricted.
4. A permit is valid only in the lot for which it is issued with the
exception that permits issued for the Arts and Crafts Society lot
and the Church of Our Redeemer lot are valid after p.m. and on
Saturday, in anv other permit lot. In the case of a special event at
church or at the Arts and Crafts Society which occurs on a weekday,
the Police Department may authorize alternate arrangements, on a tem-
porary basis, by specific notification of, and at no additional cost
to permit holders.
Permit holders receive no other privileges for the use of Town oper-
ated parking spaces elsewhere in the Center; they must abide by all
other traffic and parking regulations including use of meters or the
parking ticket machine in the Meriam Street lot.
5. The Town will not issue more permits than there are spaces in the lot.
The Town will not assign individual spaces to permit holders. The per-
mit holder is entitled to park in any space in the lot for which the
permit is issued.
6. No parking is permitted in permit parking lots between 12.01 a.m. and
5:59 a.m. , except where no parking is permitted after 6 p.m.
7. In the event a permit is reported lost, or the vehicle registration
number of one of the vehicles is changed, and it is necessary to issue
a replacement permit, a fee of $3.00 will be charged.
8. Permits for parking spaces in permit lots will be issued on a first
come/first served basis. If permits have been issued for all the
spaces in a lot, applications will be held on file. If a parking
space becomes available, it shall be offered to the person whose applica-
tion form bears the earliest date, and to all other persons in the chrono-
logical order of the applications, until a permit is issued.
9 . The Town reserves the right to revoke a permit for violations of these
regulations and may require the permit holder to surrender the permit.
In the case of repeated violations of these regulations, the Town reserves
the right to place a permit holder in a probationary status and not issue
a new permit for a period of up to six months.
N. Lex. Mr. Hutchinson gave an update on the North Lexington Traffic Improvement
Traffic Project. Because design costs have increas ed due to changes made, contribu-
Improvement tions from industry will not constitute sufficient funds to complete the
design. Mr. Tonaszuck estimated that an additional $5,000 will be needed and
recommended that the Town adopt Ch. 570 of the Acts of 1980 to gain State fund-
ing.
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Selectmen's Meeting February 8, 1982
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1 Michael Hanlon, Town Engineer, who will be leaving the Town for a T. Engr.
position in Florida, was thanked by the Selectmen and the Town Manager Hanlon -
for the excellent performance of his job while in Lexington. resignation
The Town Manager requested approval of payment of $5,355 to Charm Charm Const
Construction Co. for extra work on troy f sewer o ra is regarding con- o.extra
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struction of an extra wide trench on„jnco d ue u s described in the cork Conor
January 22 memorandum from Michael Hanlon,• Torr n gi eer.. Avenue
It was noted that Charm Construction Co. has made claims for extra
compensation on repeated occasions.
Upon motion duly made and seconded, it was voted to approve payment
of an additional $5,355 under Contracts 80-2-E and 1-1-E to Charm Con-
struction Company for extra work on Concord Avenue.
The vote was 3 - 2, with Mr. Busa and Mr. Politi voting in opposition
Upon motion duly made and seconded, it was voted to approve the re- Transfers
quest of the Town Manager for a transfer of $500.00 from the Reserve Fund
into the Office Machines Maintenance and Repairs Account #2930.
Upon motion duly made and seconded, it was voted to approve the re-
quest of the Town Manager for a transfer of $10,000.00 from the Reserve
Fund to the Fire and Police Medical Accoutn #1125.
pin Letter from Nyles Nathan Barnert, Chairman of the Capital Expendi- Cap.Exp.
tures Committee was noted. The letter expressed the Committee's displeas- Comm. dee-
' ure at the deletion of certain items from the Warrant for the 1982 Town tions from
Meeting. Mr. Barnert felt the Committee should have been notified of the Warrant
action. The Chairman will arrange for discussion with Mr. Barnert on the
matter.
Letter from the Office of the Water Board of the City of Cambridge N.Lex.road
was reviewed. The letter expressed concerns regarding proposed highway constructio
improvements in the Marrett Road/Forbes Road area and its impact on the Hobbs Brook
Hobbs Brook Reservoir drainage basin, owned by Cambridge. Mr. Hutchinson Basin
will keep the Cambridge Water Board informed of the project plans.
Upon motion duly made and seconded, it was voted 5-0 by roll call
vote -- Mr. Busa, Mrs. Battu, Mrs. Miley, Mr. Crain, Mr. Politi -- to
to into Executive Session for the purpose of discussing a matter of liti-
gation, with no intention of resuming open session.
Upon motion duly made and seconded, it was voted to adjourn at 8: 55 p.m.
A true record, Attest: r
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Marion H. Snow
plim I Principal Clerk
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SELECTMEN?S MEETING
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February 22, 1982
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A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, February 22, 1982 at
7:30 P.M. Chairman Busa, Mrs. Battin, Mrs. Miley, Mr. Crain and Mr. Politi;
Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant
to the Town Manager; Miss Casey, Executive Clerk, were present.
The Chairman convened the meeting and opened the hearing on the peti- N.E Tel
tion of the N. E. Telephone Company for permission to install conduit in Woburn St.
Woburn Street in order to provide service to the new Lexington Elderly Conduit
Housing Development. Notices of the hearing were sent to all abutters.
Mr. Robert E. Boudreau was present representing the Telephone Company.
A memo from the Director of Public Works/Engineering recommending
approval was read by the Chairman.
No one spoke in favor or in opposition; the Chairman declared the
hearing closed.
Upon motion duly made and seconded, Mr. Crain abstaining, it was
voted to grant permission to the N. E. Telephone Company to install conduit
in Woburn Street as follows:
Woburn Street: on the southerly side from existing pole
#114/56, approximately 84'4- (feet) of conduit in an east-
erly . private owned bythe Lexington
direction to a px�.v t wayg
Housing Authority.
The Chairman opened the hearing on the petition of the N. E. Telephone N. E. T :
Company and Boston Edison Company for a proposed joint sidewalk anchor guy & Boston
on Mass. Avenue. Notice of the hearing was sent to the abutter. Mr. Bou- Edison
dreau was present representing both companies. Mass. -ANN
A memo from the Director of Public Works/Engineering recommending Anchor
approval was read by the Chairman. Guy
No one spoke in favor or in opposition; the Chairman declared the
hearing closed.
Upon motion duly made and seconded, Mr,- Crain abstaining, it was
voted to grant permission to the N. E. Telephone Company and Boston Edison
Company for installation of a sidewalk guy as follows:
Massachusetts Avenue: in front of #120 Massachusetts
Avenue on existing pole #57/7, one (1) sidewalk anchor
guy.
The Manager referred the Board to its copies of a memo from the 1982 Tax
Board of Assessors indicating a change in the tax rates due to keypunch- Rate
ing errors on the part of the computer subcontractor, Finnegan Associates. Change
He requested approval of the Board for the changes and signatures on the
form to be filed with the Department of Revenue.
Upon motion duly made and seconded, it was voted to approve the
change in the tax rate for o properties to 1 ._ 97and $27.74 for C/I/P
properties.
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Upon motion duly made and seconded, it was voted to sign Form LA5
(4-81) to be filed with the Bureau of Local Assessment, Department of
Revenue, Boston, Mass. ...op
Sewer Ease- The Manager requested the Board's signatures on a sewer easement from
ment Rose-Mal Realty Trust granting the Town of Lexington perpetual rights for
Rose-Mal a sewer easement across their property.
Hayden Ave. Upon motion duly made and seconded, it was voted to sign the sewer
easement granting the Town of Lexington perpetual rights across the prop-
erty of the Rose-Mal Realty Trust on Hayden Avenue.
LEA, Inc. Mr. Hanlon, Town Engineer, introduced Mr. Paul Guertin, Vice-President
Sewer
Mr. Ken Carlson, Engineer and Mr. Paul Weisman, Project Manager, of Linen-
Report thal, Eisenberg, Anderson, Inc. who presented a progress report on the sewer
system evaluation survey.
Mr. Hanlon explained that the first phase of the study has been com-
pleted and a report submitted to the State for review which has been accepted.
He also informed the Board that a grant increase is expected which will en-
able LEA to proceed with the second phase.
Mr. Carlson explained the report in detail to the Board which indicated
that the sewer system capacity and condition, generally, was very good and
explained the problems and recommended solutions, including problems with
sump pumps.
Mr. Guertin informed the Board that on December 29, 1981 the President
signed into law amendments to the Clean Water Act. These amendments now
make Step I and Step II no longer a part of the program and must now be
pre-financed by the communities. He explained that the State EPA will
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allow the Phase III part of Lexington's program to continue as the Town is
already in a Step I grant of which Phase II is a logical extension. He
also informed the Board that legislation is pending which will extend the
State's bonding authority in order to be able to fund Step T and II. He
urged the Board to support this legislation and discuss it with our State
representatives.
Another major change as of October 1, 1984; the percentage of the
Federal share will be reduced from 75% to 55% which makes scheduling more
critical than in the past. If the State legislation doesn't get adopted
in a timely fashion, in order to ensure that the Town's 75% is saved, it
would have to more forward by the end of this year.
The Chairman thanked the gentlemen for updating and informing the
Board and they retired from the meeting.
Mrs. Anne Grady, Chairman of the Garrity House Committee, informed
the Board that the Committee recommended the proposal of Robert J. Lind
for the rehabilitation of the Garrity House and carriage house. She in-
formed the Board that three proposals had been received and one was with-
drawn. She introduced Mr. Lind to the Board who answered questions from
the Board and presented a document from the Leader Federal Savings Bank
guaranteeing that the bank will take over and complete the project in the
event that Mr. Lind in unable to do so.
Mrs. Grady informed the Board that the Committee is arranging a meet-
ing with the neighbors in the vicinity of the Garrity House to go over the
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Selectmen's Meeting February 22, 1982
proposal with them for their reaction and report back to the Board for
its next meeting.
The Chairman thanked Mrs. Gradt and the Committee for the excel-
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lent
cel-
lent job done on a time-consuming project.
Mrs. Grady and Mr. Lind retired from the meeting.
Upon a motion duly made and seconded, it was voted, Mt. Politi abstain- One-Day
ing, to grant a One Day Liquor License to the Recreation Association of Lig. Lic.
W. R. Grace for March 2, 1982.
Upon motion duly made and seconded, it was voted to sign the Order of Drain Ease-
Taking for the drain easement on North Street in conjunction with the sewer rent
construction.
Upon motion duly made and seconded, it was voted to approve the minutes Minutes
of the Selectmen's meeting of January 27 as corrected, and the minutes of
the meeting of February 1 as submitted.
Upon motion duly made and seconded, the Board voted the intent to take Rockville
temporary construction easements for the Rockville Avenue construction. Avenue
Easements
Upon motion duly made and seconded, it was voted to approve the request Transfer
of the Director of Public Works for a transfer of $10,000 from the Reserve Reserve
Fund to the Snow & Ice Account #5500. Fund
` Upon motion duly made and seconded, it was voted to authorize the Town of
Town Manager to respond in the affirmative, subject to the provisions in Lincoln
the Town Engineer's memo of February 19, to the Town of Lincoln relative to Water
its request to utilize Lexington's water system during construction of its Connection
new storage tank.
The Manager reported to the Board that he had held an administrative Revenue
hearings on revenue sharing as required by law earlier this evening. He
reported that one citizen and three staff members attended, and a letter
from the Council on Aging suporting utilization of money for the Council's
budget. He informed the Board that all groups involved will be contacted
again and he will have recommendations for the Board at its hearing on
March 15.
The Chairman read a request from Elizabeth M. Flynn, Town Meeting Traffic
Member from Precinct 3, requesting the erection of warning signs on Con- Signs
cord Avenue for the benefit of the residents in the neighborhood. A report Concord
from the Traffic Safety Committee for the errection of two "CAUTION-VEHICLES Avenue
SLOWING AND TURNING AHEAD" signs on Concord Avenue.
Mrs. Flynn thanked the Board and the Traffic Safety Committee for the
expeditious handling of the request and she retired from the meeting.
Upon mtion duly made and seconded, it was voted 4-1, by roll call Executive
vote, Mr. Busa, Mrs . Battin, Mrs. Miley and Mr. Crain in the affirmative Session
1064 and Mr. Poli ti in the negative, to go into Executive Session for the purpose
1 ! of discussing the transfer of real estate.
! ' After discussion the open meeting was resumed.
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Minuteman The Board met with proponents and opponents of the proposed Minuteman
Commuter Commuter Bikeway. Several residents who are abutters to the railroad were ,,,
Bikeway in attendance and expressed opposition due to loss of privacy in their back
yards, annoyance from the lighting, vandalism, noise from motorized bikes
and loss of the area for cross country skiing, horseback riding and nature
walks. Opposition was expressed for the use of funds for this purpose instead
of being used for improving public safety hazards. Questions were posed rela-
tive to the policing and mainentance of the area.
The Manager stated that he felt that the concept for a bikeway was good,
but the plan posed some "real policy questions" that must be considered. He
cited the need to appropriate funds to maintain the path, including snow re-
moval, and the security problems. He stated that he felt that the plan should
not be endorsed by the Board if the Town would be required to fund the main-
tenance costs. He stated that the Town does not plow any of the bikepaths
we now have and felt that there was an argument for not putting in lighting
due to costs.
The Director of Public Works agreed with the Manager and also pointed
out the Town's potential liability in case of accidents if funds are not
available to properly maintain the path in winter.
Mr . Thomas Fortmann, Member of the Bikeway Committee, stated that the
Town's expenditure to maintain lighting would be approximately $4,000. He
informed the Board that a local contractor had volunteered to help remove
the railroad ties along the route "at cost". Mr. Fortmann stated that approx-
imately 15 ,000 bicyclists were expected to use the entire eleven miles of the
route, but did not have specific figures of how many are expected to pass
through Lexington. He stated that the estimated cost for the maintenance,
including snow plowing, cutting machines etc. , would be $4,000, or half of
the total cost.
Mr. Busa pointed out that under the Municipal bidding lows, individual
groups could not go out and negotiate their own "deals" for contracting, such
as removing the railroad tracks and ties.
Mr. Fortmann stated that he knew that the contract would have to go out
for bid, but the contractor had the equipment and said he would do if for
"cost" and would bid that way, and if someone bid lower, they would get the
job .
Mrs. Battin asked if the Board could submit the proposal as drafter and
then work out the level of maintenance with the other four towns so that there
is a unanimity and have it part of the memorandum of understanding.
The Manager stated that it was his understanding that it could be done,
but felt that the Board should assume that there will be the "full load"
because from the cost standpoint, that is the worst case situation. He
stated he felt that the issue here is whether or not to go forward and the
issue of lighting etc. would have to be like any other project aht would
have to be resolved as the project goes forward. The degree of the cost is
unknown.
Mrs. Battin stataed that it was her understanding that by a vote tonight,
the Board would not be committed to any level of intensity of lighting or
maintenance costs. She asked if there was a time limit on the decision.
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r..
The Manager stated that Arlington was looking for a decision this
month and felt that it should be made within the next two weeks.
The Chairman stated that he felt that answers to questions raised
by the residents should be before the Board before a vote was taken.
Mr. Crain suggested that it not be delayed more than one week as
the composition of the Board will change after the election.
Mrs. Miley stated that she had consulted with a man involved in the
bicycle paths in the Department of Environmental Management with the
State and was quite satisfied that parts of the draft that Mr. Fortmann
had mentioned and brought to the Board's attention before seemed to be
universal throughout the country as well as the state. She stated that
she would like to be a part of the decision because of her involvement in
the bikepath concept for years and would appreciate it if a decision could
be made at the next meeting.
Mrs. Battin asked if the Manager and his staff could work this week
on the problems of maintenance we are going to do with other towns in-
volved and try to reach an agreement on the level of intensity of illumina-
tion.
Upon motion duly made and seconded, it was voted to defer a decision
on the bikepath proposal until Monday, March 1.
The Board met with members of the Chamber of Commerce and members
of the Center Revitalization Committee relative to proposed changes in
■■� the new parking regulations for the Center. ` v
The Manager explained eight proposed short-term modifications that
is expected to help implement the plan.
Mr. Michelson of Michelson's Shoe Store addressed the Board and
presented a plan which he believes is best suited to the all day parkers
and short term parkers. Some of Mr. Michelson's suggestions were in-
corporated in the changes proposed by the Town Mangager.
Mr. Chait, President of the Chamber of Commerce, congratulated the
Center Revitalization Committee, Town Boards, Manager's Office and all
that were involved in the new parking program for doing something posi-
tive together, although there are still areas that need attention. He
stated that firms and individuals closest to the problems really believe
that they would suffer financial loss unless something had been done to
adjust the plan. He pledged the support of the Chamber relative to
working with the Town in a way that all will agree to improve the park-
problems in the Center.
Mrs. Battin, Chairman of the Center Revitalization Committee, also
expressed appreciation to staff members and thanked the Chamber of Commerce
for inviting the Committee to its meeting to talk over the problems and
come to some agreement.
Mr. Jack Powell, owner of the Minute Shop, requested the Board to
accept two petitions signed by 48 merchants and 402 customers petition-
ing the Board to reverse its decision to implement the parking plan.
Due to the fact that the petition signed by the merchants had been
signed the first day of the implementation before the meeting of Mrs.
r.. Battin and Mr. Bowyer with the Chamber of Commerce, Mr. Busa suggested
that, if necessary, after the changes have been implemented, a new
6 -
petition be submitted. The petition of the customers would be accepted
due to the fact that signatures had been obtained up to Saturday.
Rev, Brian Dixon, pastor of the Baptist Church, suggested that the
10 hour spaces in front of Cary Hall be changed to two-hour spaces in order
to make spaces available for short-term parking because the church offers
citizens programs including a Senior Citizens Drop-In-Center on Tuesdays.
The Chairman stated that Rev. Dixon's request will be taken into con-
sideration.
Dr. Mazer requested that two-hour meters be installed in Muzzey Street
instead of the ten-hour meters.
Attorney Hagerdon presented letters from Dr. Schramm and Dr. Perry
requesting short-term parking spaces on Muzzey Street.
The Manager suggested that he work with the Chamber of Commerce rela-
tive to suggestions to eleminate ten-hour meters in the area.
Upon motion duly made and seconded, it was voted to institute the
parking program changes submitted by the Town Manager who will also work
with the Chamber of Commerce and report back to the Board regarding the
suggestions to eliminate certain ten-hour parking meters on Waltham and
Muev Streets and institute short-term parking.
The Chairman thanked those in attendance for thier in-put and they
retired from the meeting.
Appropria- The Board met with the Appropriation Committee to review the finan-
tion Comm. cial articles for the warrant.
The Manager informed the Board and the Committee that the anticipated
short-fall would be in the range of $280,000 to $350,000 because of the
determination that has to be made on the pension question by counsel.
Mr. Dailey, Chairman of the Appropriation Committee, addressed the
Board relative to the differences in suggested appropriations. �.
He explained that information the Committee had indicated that the
problem in the water system was due to a percolation problem. It was the
feeling of the Committee that if it was a major problem, the in-house
forces could identify the problems and isolate them and work on them and
a great deal of the requested $75,000 could be used for repairs as opposed
to doing a complete study and investing the $75,000 for that purpose.
Mr. Dailey stated that his Committee had met with the Capital Ex-
penditures Committee and they are carrying $150,000 under article #18--
D.P.W. Equipment. He explained that his Committee feels that the Dir-
ector of Public Works should be able to purchase what equipment he feels
is necessary, fut if there is a short-fall, $40,000 for the sander could
be deferred for a year.
Relative to article 22 -- Microfilm Program, it was the feeling of the
Committee that this would be an on-going expense as opposed to the purchase
of equipment or a one-time expenditure.
The Manager agreed that it was the beginning of a program and it was
proposed to be done over a number of years.
Mr. Dailey explained that the Committee had recommended funding for
recreation articles and did not feel that it could approve the requested
$70,000requested under article #35 for an all weather track.
Mr. Crain suggested that the Manager meet with the Acting Superin-
tendent of Schools to determine if they can help with the short-fall.
The Board and the Manager agreed.
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The Manager expressed concern over the difference in the Reserve
Fund appropriation request of $175,000 and the Committee's recommendation
of $150,000. Mr. Dailey stated that he felt that there would be no
problem.
The Chairman thanked the Committee for attending and they retired
from the meeting.
Upon motion duly made and seconded, it was voted to amend the
Traffic Rules and Orders of Lexington, adopt d y kbe Board of Selectmen
on November 13, 1967, are hereby amended as follows:
By deleting from Article V, Section 22, Schedule #9 the
following:
Location Hours of Operation
Meriam Street Parking Lot 8:00 A.M. - 5:00 P.M.
and by adding to Article V, Section 22, Schedule #9 the
following:
Location Hours of Operation
Meriam Street Parking Lot, from 8:00 A.M. - 5:00 P.M.
Meriam Street 509 feet southeasterly
and by adding to Article V, Section 2, Schedule 1, and to
rm. Article II, Section 7, Schedule 1, the following:
Location Hours of Operation
Meriam Street Parking Lot Southwest Permit Parking Only
Quadrant from Station Way 420 feet Monday thru Saturday
southeasterly Tow away Zone
Mrs. Battinrequested the Board's support of the Planning Board Planning Bd.
relative to its recommendation to the Board of Appeals not to grant the Request re:
request for the removal of the restriction contained in the special per- Peking Gar.
mit issued to Peking Gardens Restaurant. Rest.
Upon motion duly made and seconded, it was voted 3-2, Mr. Busa
and Mr. Politi voting in the negative, to convey the concerns of the
majority of the Board of Selectmen to the Board of Appeals relative to
the petition of Peking Gardens Restaurant for the removal of the restric-
tion on the special permit due to the Selectmen's concerns that to do so
would excerbate the parking problem in the Center.
Upon motion duly made and seconded, it was voted to adjourn at 11:45 P.M.
A true record, Attest:
,14 ,-4
rmi Pr-
xecutive Clerk