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SELECTMEN'S MEETING
March 1, 1982
A regular meeting of the Board of selectmen was held in the Selectmen's
Meeting Room; Town Office Building on Monday, March 1, 1982 at 7:30 P.M.
Chairman Busa, Mrs. Battin, Mrs, Miley, Mr. Crain and Mr. Politi; Mar. Hutch-
inson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the
Town Manager and Miss Casey, Executive Clerk were present.
Mr, Heal Cronin presented Mrs. Miley a gavel be had made from Elm
tree limbs of trees from the Green. He stated that it was presented to
her from her colleagues on the Board and citizens of the Town in apprecia-
tion of her six gears on the Board of Selectmen.
The Chairman presented her with an engraved pewter bowl and expressed
appreciation of the Town for her services and a "Job well done".
Mrs. Kiley thanked Mr. Cronin and the Chairman for their gifts and
Mr. Cronin retired from the meeting.
Mrs. Margaret Brooke, of the Garrity house Committee, met with the
Board to update them on the result of the neighborhood meeting relative
" to the Garrity Howse proposal by Mr. Robert Lind.
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Mrs. Brooke reported that there had been no opposition from the
neighbors and recommended that the Board approve Mr. Find's proposal.
Mir. Jaquith, of the Historic Districts Commission, asked the Chair-
man if he foresaw any problems with the provision in the article for Town
Meeting relative to the Selectmen being authorized to delegate adminis-
trative supervision and preservation restrictions during the period of
restoration.
The Manager and the Chairman stated that they felt that they did
not anticipate any problems.
The Chairman informed Mr. Lind that the Board would support the
article on Town Meeting floor. Mrs. Brooke and Mr. Lind retired from
the meeting,
The Board met with the Bike Path Committee and citizens to again
discuss the paws and cons of the proposed Minuteman Commuter Bikeway. The
Chairman reminded those in attendance that the Board had listened at the
last meeting to those in attendance and requested that comments be limi-
ted to new information or from those who were not at the meeting last
week. He stated that all of the Board members had received numerous calls
over the week -end and also had received a great deal of mil during the
week, both pro and eon.
Mr. Robert Cataldo of the Appropriation Committee informed the Board
that the Committee requested the Board to defer its Grote pending further
discussion with the Committee relative to the Town's flnanciall commitment
to the proposal.
Mr. Cataldo, speaking as an individual citl en, pointed out to the
Mrs. Miley
Gift
Garrity
House
Bike Path
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Board that the proposed bikeway plan called for a "right-of -way" that would
go through the bank since the Depot Square building spars the former rail-
road tracks. He state that if the bikeway were approved, he would request
that the land be deeded back to the bank., instead of being used for the
bikeway.
M r. Walton brought up the question of "stop" sins on the crossings,
He indicated that no information had been presented relative to how the
problem would be handled.
The Manager pointed out that there would be problems as with any other
project and stated that the Town has not committed itself to any expenditure
of funds at this point.
Mr. Busa and Mr. Polit felt that action on the proposal should be
postponed until a later date when more citizens who were not fully aware of
the proposal could be heard.
Mr. Politi made a motion that action be deferred until a later date
which was not seconded.
Upon motion duly made and seconded, it was voted -1, Mr. Busa voting
in the negative, that the Board approve the concept of the bikeway with the
Board later looking into the maintenance costs.
The Board met with four developers w h submitted proposals to the
Muzzey School Conversion Committee for conversion of the school. The hir-
ma.n explained that each would be given a ten - minute time frame in which to
present the proposal.. Thereafter, there would be a twenty - minute question
period by the Board who would them go into Executive Session for the pur-
pose of discussing the transfer of the real estate. The following proposals
were presented
Developer: The Codman Company, Inc.
Architect: Amsler Hageaah MacLean, Architects, Inc.,
Landscape Architect: Matara Design
Construction and Permanent Financing: Winchester Savings Bank
Concept: Condominiums
Mr. .James M. Grossiman, senior Vice President, presented the proposal
which would convert the school into sixty-two market rate condominiums de-
signated as "Earls Crossing" with an additional unit for the superintendent.
The proposal would allow for the construction of a separate building for the
senior center. Small units were designed so that they could be sold at a
price that would make there affordable to a broader spectrum of the market
place.
M r. Charles Hagena.h, the architect, explained the concept to the
Board including landscaping and parking facilities.
Price range for the units would be from $60,000 to $150,000. Opera-
ting costs for the common area for landscaping, electricity, snow removal,
insurance, payroll etc. would be approximately $1,000 per year. There
would be eighty -one parking spaces for the sixty -two units and seven addi-
tional if the Town did not want a senior center.
Ir. Robert Nickerson, President and senior Leading officer of the Win-
chester Savings Bank stated that the bank has been involved with Codman on
similar project in Winchester an had a. high regard for C odman profes-
sionalism, design and construction. They are interested in supporting the
o max proposal. for Mu
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Selectmen's Meeting
March 1, 1982
After discussion, the Board went into Execu S essions
'upon motion duly rude and seconded, it was voted 4 by roll call
vote, Mr. Busa, Mrs, Baton, Mrs. Miley, Mr. Crain and Mr. Politi, to
go into Executive Session for the purpose of discussing the sale, lease
or transfer of real estate.
After discussion the open Session was resumed.
Developer: Niles De Associates
Architect: Childs, Bcr tma.n, Tseckares and Casendino, Inc.
Contractor: Wexler Construction Co.
Consultant and Structural Engineering: Luigi DiNapoli, Engineers
Design Group
Concept: Supportive Housing (Consultant: John C. Wrightson
Mr. John Niles, President of Files Company, Inc. presented the
p ropo s al and explained that the concept focused primarily in meeting the
needs of the elderly who are in good health and do no re nursing
home cake but are finding it difficult to maintain heir own homes.
Occupancy would be limited to persons sixty -two years of age or older.
It would provide sixty -one units of supportive housing for the elderly
and a. senior center to be operated by the Town which would be available
to all elderly residents of the Town. Each unit would have its own
kitchen, bath,, living room and one or two bedrooms. Services provided
would include a professionally trained staff including an executive dir-
ector, prefe sional health care coordinator with a social work background,
activities director and dietary consultant. Other services would include
one main meal per day, weekly house cleaning, weekly linen service and a
coordinated program of acitvitie .
The Plan called for 10, 000 sq. ft. of space for professional
offices on the ground floor primarily for physicians and other profess-
ional health care offices. Professional office space would have a
separate entrance and parking located away from the housing and senior
center,
M r. Casendino, architect explained the floor plans, site plans
and utilization of the building. There would be 133 parking spaces,
approximately 30 spaces for the professional office use and 35 spaces
for the Council on Aging and senior center. The housing units would be
of fered on a rental basis with long-term ownership and management by the
Niles Co. and its related entities. Rental per month would be an average
of loo per month, A long -term rent-free lease of the senior center
would be granted to the Town who would pay its share of the operating
expenses.
After the question period, the Board went into Executive Sessiono
Upon motion duly made and accorded, it was voted -0, by roll call
vote, Mr. Busa, Mrs. Batt in, Mrs. Miley, Mr. Crain and Mr. Pol<iti , to go
into Executive Session for the purpose of discussing the sale, or.
transfer of real estate.
After discussion, the open Session was resumed.
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Developer and Financier: Dean B. Comeau, (General Partner), Prank. L.
Farrington, Jr, (General. Partner) , M. Vance
Munro, (General Partner
Planner, Architects, Interchange Bulent I. Kastarlak, Brian K.
Landscape Architects: Barber, J. Walter Brain
S tructural Engineer: Souza & True
General Contractor: E. A. Comeau, Inc.
Concept: Two categories: Below Market bate Uses and Market Rate Uses
Mr. Kastarlak explained the concept of the "Below Market Rate Uses"
as being .internally subsidized ed with revenues generated by the "Market Rate
Uses. The ' Be l ow Market Rate Uses" woul include a senior center,
units for congregate elderly housing which would be optional and elderly
related social services. The "Market Rate Uses" would be for a health and
fitness center, cafeteria, medical support facility, conference and art
center and offices. Mr. Iastarlak explained the site plans ire detail which
called for all parking in the rear of the building. The front of the build-
ing would remain the sane but there would be an "L" shaped addition to the
existing shop to create a senior center which would be totally independent
in itself and totally exposed to sunlight, air and landscape. He explained
the uses of the building floor by floor. The third floor would be used
for the congregate living quarters which would have optional kitchenette
and would have congregate living and dining areas.
Ir. Comeau stated that because of the complexities of use they would
expect the Town to work with them regarding the actual design of the build -
Ing etc. He stated that they would work with the Town on any traffic study
required for the project and it is estimated that approximately 130 vehicles
would be coming-in and out during peak, hours between 8:00-9:00 A.M. �
After discussion, the Board voted to go into Executive Session.
Upon motion duly made and seconded, it was voted 5-0, by roll. call ..:
vote, Mr. Busa, Mrs. Battzn, Mrs. Miley, Mr. Crain and Mr. Pol.iti, to go
into Executive Session for the purpose of discussing the sale, lease'or
transfer of real estate.
After discussion, the open Session was resumed.
Developer: Elgin Associates
Contractor: Sid Kumins, Inc.
Architect: Gillespie, Haring, Phillips Architects, Inc.
C onsulting Engineers: Structural: Schoenfeld Associates;
Mechanical: Fit emeyer & Tocci
Electrical: Bra tiotis & McConnell
Lighting: William M. C. Lary
Construction: George.Millman Construction Engineering Consultant
Eng, & Estimator
Concept: office space with a senior center,
Mr. Don Gillespie, architect, explained the proposed landscaping and
occupancy of the building. The senior center would be on the first floor
and the top floor would not be utilized except for storage. The center
would open onto a court yard and include a. reception area and cafeteria.
total space would be 12,000 sq. ft. The remainder of the building would be
designed for executive offices for lease at this time.
Mr. ,John Gallagher explained that, as the firm was a partnership,
there are tax losses involved and would like to retain the tax losses on
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Selectmen's Meeting March 1, 1982
on the construction of the center. It would be leased to the Town for
$1.00 per year for twenty years with an option for another period of
time. He stated that when the tax losses are achieved, they would negot-
iate with the Town or would be willing to do so now,
He explained that had done a traffic count on Mass. Avenue and
figures obtained indicated there were 14,000 vehicles per day passing the
school. He estimated between 600 to 900 cars per day on a total turnover
on the completed project. He stated that the developer would bear the cost
of the establishment and improvements of the senior center.
After further discussion the Board went into Executive Session.
Upon motion duly made ' and seconded, it was voted 5-0 by roll call vote,
Mr. Busa, Mrs. Battin, Mrs. Miley, Mr, Crain and Mir. Politi, to go into
Executive Session for the purpose of discussing the sale, lease or transfer
of real estate.
After discussion the open Session was resumed.
The Chairman thanked the developers for their presentations and
the Committee for their time and work put into the project and they retired
from the meeting.
Upon motion duly wade and seconded, it was voted to issue a one Day one Day
i Auctioneer License to Paul Marshall, 6 Chandler - Str. , Lexington to con- Auctioneer
duct an auction for the League of Women voters of Lexington on Saturday, License
March 13, 1982.
Upon motion duly made and seconded, it was voted, Mr. Politi abstain- One Day
in g, to issue at one Day Liquor License to St. Brigid ' s . Far ish for Saturday , Liq . License
March 13, 19820
The Board discussed the vacancy on the Personnel Advisory .Board and F.A.Boa.rd
agreed that the Personnel Advisory Board should be contacted to see if vacancy
they have any recommendations and also the newspaper.
Upon motion duly made and seconded, it was voted to approve the min- Minutes
utes of the Selectmen's Meeting of February 8.
Mr. Bus informed the Board that Adams-Russell negotiated an CATV
agreement with the County Commissioners to erect a tourer on the Middle-
sex State Hospital. grounds. They are going to appear before the Board of
Appeals on March 11. If permission 'is granted, they will erect the tower
1 days after the hearing and will begin receiving by the end of April or
May 1. They are planning to put on loo customers per , month and expect
that about everyone will be taken care of by the end of June.
The Board discussed disposal of the gift of dinnerwear that Sister City
had been presented to Mrs. Miley when she was Chairman. The Dana Lorne Gift
had been contacted and, while they would have appreciated the gift, the
fact that they were not dishwasher safe precluded acceptance. Mr. Ben -
.ley of the Sister City Committee is to be contacted for suggestions.
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C raft Clnrs. The Board discussed the request of Craft Cleaners, 1707 Mass Avenue
Parking for two parking spaces at the rear of the building to be used for pick -
Space and delivery purposes.
After discussion it was decided to grant the request for one space only.
Upon motion duly made and seconded it was voted to grant one parking
space to the Craft Cleaners at the loading area of the building to be used
for pick. -up and delivery. Mr. Politi voted in the negative.
Budget cuts The Board and Manager discussed his proposed budget cuts to comply
with the logy limit. His recommendations were to cut the $75,000 for the
all weather track; $24,000 for the telephone system; $25,000 from the D.P.W.
equipment and $6,000 from Mystic Valley or $75,000 for the all Breather
track; $24 ,000 for the telephone system; $25,000 for D.P.W. equipment and
$6 ,000 from Account #5250 - building maintenance,
.After discussion,. the Board agreed to out the necessary $1 000 from
the budget figures after looking at all other items.
Center Th e traffic study request funding was discussed and the Manager recom -
Traffic mended that the Board not fund the $15,000 requested.
Study Mrs. Battin pointed out that the Center Revitalization Committee had
voted unanimously on December 3, that the study was an essential ingredient
of developing the center plan and voted to request an article in the warrant.
She suggested that if the Board deferred the article the Town Meeting should
be notified of the study's importance and that it would be requested next
year. The Selectmen agreed.
Bedford St./ The Manager and Director of Public works explained the costs of the
Hartwell A e.design for the Hartwell Avenue Marrett load /Bedford Street project. The
Project Manager stated that the engineering costs would total. $125,000. He su
gested that it could be financed by using $49,000 from Chapter ; $3
from remaining balances in the Chamber of Commerce Fund and $46,000 from
Free Cash. The Board agreed and the Manager is to contact the Chamber of
C ommerce.
Brook. S t. The Manager requested authorization
Pump Sta. in connection with the Brook Street Pump
to make the final-payment to the 'Town in
Upon motion duly made and seconded,
Manager to execute the necessary documen{
Brook. Street Pump Station.
to sign necessary documents in
Station as the USEPA is prepared
the amount of $ ,111.
it was voted to authorize the
Ls for a. grant receipt for the
BSC Engr. , The Manager informed the Board that he had received a bill from B
Payment Engineering in the amount of $4,707.45 which will bring the total paid
to BSC up to the contract amount of $21,000.
Upon motion duly made and seconded, it was voted to authorize the
Manager to pay BSC Engineering $4,707 from the Gift Account set up for
this purpose
Center The Manager presented to the Board changes in the Parking Rules and
Parking Regulations for the Center that were arrived at after the meeting with the
C hamber o f Commerce.
Upon motion duly made and seconded, it was voted to implement the
changes in the Parking Rules and Regulations for the Center for a thirty -
day period at which time they will be reviewed further.
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Selectmen's Meeting March 1, 1982
The Manager informed the Board that he had received a letter from I E w
NESWC requesting n extension of the contract to June 30. Conract
Upon motion duly made and seconded, it was voted to extend the
NETS contract to June 1982.
Upon motion duly made and s n ed, jlt a vV to adjourn at
11*050 P.M. . J
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true record,, Attest
Executive Clerk
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SELECTMEN MEETING
March 8 1982
A regular meeting of the Board of Selectmen was held In the Select -
meni Meeting Room, Town office Building, on Monday, March 8 , 1982 a t
7 :30 P .M, Acting Chairman Crain, Mrs. Battin, Mr. Politi and Mr. Sacco;
Mr, Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assist-
ant to the Town-Manager; Miss Casey, Executive Clerk., were present.
Mr. Crain convened the meeting and opened the sheet hearings for
Meadow Brook Avenue - from Blossomcrest Road 283' to Wellington Lane
Avenue; outlook ]give - from Middleby Road, 400 '+ northeasterly; Welling-
ton Lame Avenue - from meadow Brook Avenue o' to end.
The Manager explained that due to existing errors on plans that
have previously been filed, it may be necessary to withdraw because of the
lack of a legally acceptable layout.. The Director of Public Works in-
formed the Board that in order to provide a mathematically correct Layout
for Meadow Brook. and Wellington Lane, significant landtakings would be
necessary. He explained that it would be a lengthy process requiring
full and detailed on the ground survey to pinpoint and correct the errors.
Mrs. Shirley Byrne, 77 Wellington Lane Ave. addressed the Board and
requested a moratorium on the acceptance of Meadow Brook. Avenue. She ex-
pressed concerns relative to the traffic that would be generated by the
development of six lots directing traffic to Road, Blossomere t to
Allen Street which she feels are not equipped to handle the traffic. She
stated that after the development is completed the road could be com-
pleted then.
M r. Crain requested the Manager to investigate further the problems
on Meadow Brook Avenue and report at-the next meeting.
No one else speaking in favor or opposition, Mr. Crain declared the
hearing closed.
Mr. Crain opened the hearing on outlook Drive and called upon the
Director of Public Works.
Mr. Tonas explained the layout for outlook.. Drive from Middleby
Road, 400' northeasterly with 24 of pavement, layout is 40 feet and
sidewalks on one side; total betterment costs are approximately $20,101.
Mr. Brown of 65 Outlook. ]give addressed the Board expressed apprecia-
tion for the decision of the Board to have this particular area of Outlook.
Drive i accepted by the Town.
No one else spearing in favor or opposition, Mr. Crain declared the
hearing closed.
Meadow
Brood Ave.
Outlook
Drive
Mr. gain opened the hearing on Wellington Lame Avenue and Mr. Tonas - Wellington
uc . explained that Wellington Lane Avenue starts at the termination of Lane Ave.
Meadow Brook Avenue and includes the cul -de -sac area and is approximately
600' long. The layout proposed is 40 feet and .includes 24 feel of pave -
meat with drainage with sidewalk on the odd side. The estimate of better-
ments is $27,663 and approximate cost per foot is $110.00
Ir. Koppel of 18 W ellington Lane Avenue asked M Tonaszuck if the com-
pletion of Wellington Lane was contingent upon Meadow Brook in any way.
Mr. Tonauck replied that it was.
No other comments in favor or opposition, Mr. Crain declared the hear-
ing closed.
Mr. Crain thanked those in attendance for their participation and they
retired from the meeting.
Taft Ave. The Board met with the petitioners for a warning sign and a posted
Traffic speed sign on Taft Avenue.
Mr. Chalpin, Chairman of the Traffic safety Committee read the Com-
mittee's report to the Board which denied the request. He explained that
the fundament al speed law prevails in the area which is "speed reasonable
and proper taking into account road conditions, weather and the safety of
the public as well as the general use of the street. It was the Committee's
feeling that to post a speed limit could undermine the thrust of the fun -
damental speed law and might lead to a posted speed which could be greater
than "reasonable and proper". He explained that the warrants for "Caution
Children" signs were applied and not satisfied.
Mr. .Joseph Petner, 30 Taft Avenue, requested further survey of the
traffic during the afternoons when children are home from school and play-
ing.
The request will be taken under advisement and the Manager will re-
port back to the Board. Mr. Potner is to be notif when the Board re-
views the Manager's report.
Traffic sign The Board reviewed the request of Linda J. Knight for a "Caution
Hudson /Nor- Children" sign, at Hudson and Normandy Roads.
mandy Rds. The Chairman read the recommendation of the Traffic Safety Committee
to grant the request.
Upon motion duly made and seconded, it was 'voted to accept the rec-
ommendation of the Traffic Safety Committee to instal. a "Caution Children'
sign at the corner of Hudson and Normandy Roads,
Traffic signs The Board reviewed the request of firs. Elizabeth Barabuh for the re-
Estabrook location of posted speed signs at Estabrook school and Grove Street.
School/Grove The Chairman read the recommendation, of the Traffic safety Committee
St, to grant the request.
Upon motion duly made and seconded, it was voted to accept the recam-
mend -at.i n _ of the Traffic Safety Committee and move the Northbound sign
oo feet northerly and the Southbound sign 400 feet southerly at Grove street
near the Estabrook, school.
Traffic The Board reviewed the request of the Police Department to institute
Rules & Regs.a "No Parking" regulation on Fletcher Avenue.
Fletcher The Chairman read the recommendation of the 'Traffic Safety Committee
Ave. to grant the request.
Upon motion duly made and seconded, it was voted to amend-the Traff
Rules and Regulations as follows
Location side From To Type
=No
A
Fletcher Ave. East Railroad Tracks Hayes Lame No Paring
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Selectmen's Meeting March 8 , 1982
The Board discussed the offer from the Lexington Historical. Society
to the torn of four photo murals given to the Society by the Lexington
Savings Bank. The four murals depict Locke ' s Mill, Haying on the Common,
Captain Phelps House and Stephen Robbins House and range in size from
74 x 123 t 3 2 X 52 inches. They were installed in the Bank. by Teri
Worthen in the winter of 1949 -
Upon motion duly made and seconded, it was voted to accept the gift
o f four photo murals from the Lexington Historical_ Society. The Town
Manager will work. with Mr. Whipple for a suitable location.
Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meeting of February 22.
The Board met with the By-Law Committee to discuss its report of
February 4 1982.
Mfr. Paul Newman, Chairman of the Committee explained that the Com-
mittee felt that the proposed changes would bring the Town ' s General By-
Laws into conformity with both lair and practice and would improve the
By -Laws. He reviewed the changes and explained the rationale of the Com-
mitt regarding them.
Nor. Politi disagreed with the Committee relative to the proposed
change in Article XXv, Section 2 "use of the Battle Green." He stated
that the present by -law requires any person or group to cone before the
Board of Selectmen for permission. The recommendation of the Committee
would alloy use of the Green as long as the use does not "interfere with
the safe, convenient and appropriate use thereof or where such act did
not disturb the safety of persons or property' He stated that, in his
opinion, the provision shifts the approval mechanism to the person who
wishes to use the Green. The Board would be inv lv d only after the use
commenced or when the potential of the use was discovered, The Board
would then be pint in the position of defending its posture in terms of
whether the use was appropriate or not and the burden of proof would them
be put on the Board of Selectmen. He stated that he felt that all persons
wishing to us,e the Green should cone bef ore the Board for permission to
do so. He also stated that the Board as a. Board or through a sub-com-
mittee should attempt to develop some criteria or guidelines that would be
available to the Board and the public so that anyone requesting use of
the Green would have an understanding of what criteria they would have to
meet in teams of gaining approval.
Mr. Newman explained that the Committee's thinking was that the pre-
sent by -law prohibits two elderly ladies from playing checkers on the
Green* a mother and her children from having a sandwich and a coke on the
Green; or a father and his five year old son from throwing a beach ball
there etc. He noted that the law is not enforced to that extend, and it
shouldn't be and what they tried to do is state the law as it should be
enforced or not enforced. He stated that if any behavior is obnoxious
to anybody on the Green, then that is in violation of the by -law. He
' stated that actions that are clearly within the sense of any citizen or
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By -Law
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policeman such as he described and others, . such as he described should be
brought into compliance with the practice and the common sense. He stated
that it is a question of whether we should have this bit of standard for
the police and the people using it or whether we should allow the language
to outstrip the prohibitiveness of the practice and having the people using +�•rMr
it for the simple and permissible uses feel. that they could be "thrown off�t
if the policeman felt that it warranted it.
Mr, Polio commended the Co for extending the provisions of
Article XXX to include the addition as well as removal of loam, sand and
gravel. He recommended that the specified amount of 25 cu. yds be deleted
as it would treat difficulties for the Town in terms of enforcement and
shifting the burden of proof. He stated that as the law now stands, any
removal of loan, sand and gravel is in violation without a permit from the
Board of Appeals.
Mr. Newman explained that the 25 cu, yd, figure was suggested by
C liff Prentiss. He said the Committee was looking for some f igure that
would probably comply with reality because people won go to the Town if
they are doing a minimal job.
Mr. Politi suggested that the proposed amendment to Article XX ,
Section 12 also include the wording "impedes the safety of pedestrian
traffic".
Mr. Newman, will present the suggestion to the Committee,
M r. Politi suggested that the amendment shifting the authority for
accepting and receiving on behalf of the Town equipment, supplies etc..
to the Town Manager under Article XIX remain with the Board of Selectmen.
Mr. Politi also questioned the necessity of a Civil Defense Advisory
Council at the citizen level. He felt that the Manager could establish an
internal committee mechanism including various department heads, including
police, fire, dept. of public works etc. He stated that if the Council
were to remain he would object to the mandatory membership as suggested a
in the revision. He would rather see the Board retain the option as to
who will sit on the committee and not require it as a by -law.
Mr. Newman commented that the Committee felt that in the event of
a civil disaster, the Town would have to act quickly and they felt that
the more executive, the better the town's position would be rather than
having to have the Selectmen to make a decision, the Manager would be
able to,
Mr. Politi suggested that references by the Committee to the Select -
men /Town Manager Act be eliminated. He stated that it would be impossible
to incorporate all references to the Act and rather than do a few, it
would be better to leave all of them out. The Committee will check with
Town Counsel.
M r. Newman referenced Mr. Cohen 's letter of February 16 to the
Committee and Mr. Cohen explained his suggestions.
The Committee will meet again to go over the charges and Mr. Cohen
advised that a revised report be filed with the Town Clerk.
Mr. Crain thanked the Committee for the time and effort expended in
reviewing and making suggested changes in the B and they retired
from the meeting.
Mr. Politi and Mrs. Battin are to work together to review the pro-
cedures relating to the use of the Battle Green after Town Meeting.
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Selectmen's Meet ing March 8, 19
Acting Chairman Crain, speaking as Chairman. of the Adams School Con- Adams Schoo:
version Committee, gave a brief overview of the conversion process before Waldorf Sch
the presentations. proposal
H e stated that since the first meeting of the Committee on 9/23/81,
thence had been a total of 15 C ommittee meetings including two major public
informational meetings on Oc tober 4, 1981, and March 3, 1982.
After advertisements appeared, the Committee received 29 letter of
ntere t, ten sets of developer kits were sold and seven formal proposals
were received. The Committee selected three developers to present propo
als to the Committee and then determined that two of them should be explored
further. one proposal was for congregate housing and the other for a 20 -yr.
lease of the land and sale of the building to the Waldorf School.
Following a lengthy meeting on March 3, the Committee voted 5 - 2 to
recommend to the Selectmen the Waldorf School proposal.
Mr. Stephen Levy, President of the Waldorf School gage a presentation
and described the school's. operation as a private elementary school -- nu r-,
ery through eight grade. He stated that no major modifications in the
exterior are contemplated. The school has a staff of thirty and should not
present a parking problem as there are presently +2 spaces.
Mrs. Battin questioned Mr. Levy relative to arrangements for youngsters
in the Town who are needy.
M r. Levy stated that the school does have a scholarship policy and they
would be happy to accommodate Lexington students who would be eligible.
Mr. Levy stated that the school is .offering to pay. the taxes on the
property when due based on the assessed value of the property. He stated
that the proposal was in keeping with.: the neighborhood wanted and that
they will respect the historical configuration of the church, library and the
school as ell as the recreation land in the rear.
He pointed out that the Town, will maintain long -terra control over the
site with the idea that it might be needed again for a public school or other
public purposes. After the twenty -year base has expired, if the Town feels
that it is once again in its interest to use the building for public purposes,
it will be available under term ..that world be negotiated to reclaim the build-
ing. Use of the auditorium for neighborhood or other public functions would
be offered.
Mr. Levy read an excerpt fr a memo to Mr. Hutchinson from Mr. Perry ref-...
ative to the financial stability of the organization. The memo indicated that
Mr. Perry and a representative of Arthur Andersen & Co. had examined the finan-
cial statements of the school for the last three years, prepared by Alfred W.
Siegris t & Co, C.P.A., and it appears to be in sound financial condition .
Mr. Perry indicated that al though the operating fund is just about on a "b reak-
even�'b i " the building and equipment fund is "well off,"
Mr. Leery stated that the purchase price for the building would be
$ 160,000, based on an independent appraisal of the fair market value. This
would be paid in cash at the expiration of the present lease on August 31.
He stated they are offering $7,500 per year for the lease of the land with
both taxes and lease to be reviewed in five -year periods.
Mrs. Fisher of the Committee expressed concern that the building should
have sold for more than $160,000 fe ting that the Town should lease on a net
base for 20 years. She stated that at the end of the 20 years, the Town
mig be buying back $ building at quite a bit more.
g y g
Macs. Battin asked why the Committee did not consider long -term base.
4 i
r.. - _
Mr. Fukery explained that the Committee felt that there would be a consid-
erable investment on the part of any business or person taking over the
building for major improvements that are expected as the building is old.
They felt that the Town would be relieved of this responsibility in that
respect,
Ms. Brander explained that they will probably be putting $200,000
into the building in the next year or so.
The Board discussed the issues of provisos about the resale, mainten-
ance and finacial arrangements which will be worked out by the Manager,
Committee and legal counsel.
Upon motion duly made and seconded, it was voted to designate the use
of the Adams Schoo1 as a school and the party of interest as the Waldorf
School.
Muzzey School The Muzzey School Conversion Committee net with the Board to present
its recommendations on the reconversion of the school.
Mr. George Harris, Acting Chairman of the Committee, addressed the Board
and synopsized the Committee's action from its first meeting in September of
1981 to the presentations to the Board last week. He stated that proposals
ranged from luxury condominiums to supportive housing, office space, health
club, and family housing. Senior Center components were introduced by
various developers.
He stated that, based on a vote of 5-3. the Committee was recommending
Codman Company and Elgin Associates each having a Senior Center component.
The Cod man proposal recommended 62 medium income luxury condominiums
geared to attract "empty nesters" and young couples. The price range would
be from $60,000 to $150,000 with an average of $100,000 per unit.
Purchase price of the building would be $405,000 minus the price of
cost of the. Senior Center or $405,000 without the Center and $605,000 with-
out Senior Center but with cluster housing as in uss ll Square. Provision
for 80 paring spaces is contemplated. The tax revenue to the Town would
be approximately $120,000 per year with an additional $20,000 if cluster
housing is They are interested in the purchase of the building
and the land.
Mr. Farris stated that the Elgin proposal was commercially oriented
with approximately 60,000 sq . ft. of office space which they would life to
limit the occupancy to between three and six occupants.
The purchase price would be 0,000 with the Senior Center and
$980,000 without it. In negotiations with them, it appears that their es-
timate for the Senior Center was higher than they thought so the price
would go up as time goes on. They would rent the Senior Center back to the
Town for $1.00 per year for to gears further rental negotiations would be
entertained at that time. They would expect to have 250 -300 occupants and
would provide approximately Zoo parking spaces. They would work with the
torn and occupants toward staggered office hours to reduce traffic concerns.
Tax revenue would be $127,000 per year without Senior Center and $110,000
with it.
Mr. Farris stated that the Committee members had some reservations
about traffic and paring considerations, but did favor the commercial
use of the building. He stated that, if the Board wanted to go with
Nmd
a"
electen Meeting
-
March 8, 1982
housing, they felt that Codman would be the choice to make. They did have
reservations about pricing of each unit and whether the type of population
that was targeted was what the Town should go after.
Mars. Battin referenced a letter from David Williams, Chairman of the
Conservation Commission, who, speaking for the. neighborhood, expressed
concern about keeping the grassy strip between the cemetery and the school.
She pointed out that none of the proposals were sensitive to this issue.
Mr. Harris stated that it was a big consideration with the Codman
proposal. if a Senior Center is not built and if the cluster housing is
not approved, it will remain vacant. He pointed out -that the Elgin pro-
posal currently shows using some of the space for parking . but it may be
a negotiable item.. He also pointed out that -Elgin had proposed construc-
ting a grass berm that would prevent the parking from being observed from
the street.
Mrs, Battin stated that the neighbors wanted the plot to be used for
neighborhood games of soccer etc.
Mrs. Battin also stated that the Comeau proposal seemed to be the
only one that had an ingredient of moderate housing and that she would
life amplification as to why the committee rejected it.
Mr, Harr. s stated that the Committee had been confused about the pro-
gram as they were not sure much money the town would get as a result
of negotiations and many other factors such as construction costs. He ex-
plained that. Comeau . did not go out for bid for the job and there was no
f
allowance for inflation-and all other bidders had inflation reflected in
their proposals. He stated that they concerned as to how much the Town
would share in some of the liability with regard to the project. They
also had concern about presenting to Town Meeting.a complex proposal
including a health center and cafeteria as Comeau was not sure if they
would offer these to the public or just for members of the building.
They were unsure as to whether they would be open on Saturday and Sun-
days. The conference center also presented a problem and the Committee
was not convinced that it would pass Town Meeting. He stated that one
of the objectives of the Committee was to be sure that the building was
not left vacant for another year. He said that they did have a pro-
posal from the Lexington Housing Authority but the Committee was con-
cerned about funding, if available, that they might have to wait for a
year, two or three. He said that another proposal offered 9 units to
be leased to the Town, but there was a question of funding, also.
Mr. Sacco asked the Manager if he had been able to obtain informa-
tion relative to the financial standing of Elgin.
Mr. Hutchinson stated that he had spoken to two financial ins ti-
tutions regarding their credibility and that eve3ryt ' ng -':. at this tune,
seemed to be positive and that he was quite comfortable with the infor-
mation. He said that he had tanked with one of the banks involved in
the Wellesley project and was told that every thing was running aright
on budget and the Town was quite impressed with Elgin's performance.
Mr. Spencer stated that one of the troubling aspects of the Comeau
proposal was their p rating financial concept in that t ertain of the
e
elements would offer an internal subsidy to other elements so that one
cannot go in and prove particular things because then their balance sheet
would fall apart".
•
Mr, Harris stated that the Comeau proposed to charge the Town $5.00
per sq. ft. - per year or about $40,000 and $1.00 per year for a 10 year
lease, plus the operating budget.
Considerable time was given to the traffic problem and,
other than a traffic count made by one of the developers, there seemed to
be no specific information available. The Manager is going to have it
checked.
Mrs, Rawls expressed dissatisfaction with the public meeting that was
held because there were no specific occupancy suggestions from the Town
and, the neighbors did not take a stand then.
Mr. Robert pressman expressed concern that the Town was behild in its
goals relative to low and moderate income and referenced the 1979 Town
Housing Policy and the 1981 Fair Housing Policy. He stated that if Codman
isn't going to provide housing it should be rejected and the process start
all over again.
Mrs. Ba.ttin stated that she was reluctant to make a decision until
questions regarding traffic had been answered. she asked if there would be
enough time if the decision was made next Monday.
Mrs. Battin, in answer to Mr. Pressman, stated that she has voted for
every low and moderate income proposal that has come before the Board and
was deeply committed to it and helped to write the Fair Housing Policy that
Town Meeting had adopted. she stated that she had visited the school and
came to the conclusion that it was not appropriate for that neighborhood,
but that did not mean that the commitment was any less.
Upon motion duly made and seconded, it was voted to defer action on
the proposals until Monday, March 15.
The Chairman thanked the Committee for their long hours of work while
working on the project and they retired From the meeting.
am od
Rep. Horan Representative Doran met with the Board with up- elates on current leg -
Rslatlon. Of particular interest to Lexington was a grant award of approxi-
mately $75,000 for the construction of a salt storage shed that the Town had
been requesting since 1979. The Department of Environmental Quality Eng-
ineering has awarded the Town $15,000 for a leak detection study under
Chapter 805 for the Town's water supply. The Town will receive $584.00 from
the Mass, Arts Lottery Council as it has realized a profit of a quarter of
a yn'llion dollars which is distributed to participating 351 cities and
towns. It will be disbursed to the Town Treasurer to . be administered b
local, officals to the local Arts Council.
The Chairman thanked Rep. Doran for the insight he had provided and he
retired from the meeting.
The Manager requested authorization to execute proposed amendment to
Munroe School lease with Adams Russell. He stated that the church had
approached him relative to putting a private school in some of the space
that they are currently not renting but is available. He stated that he
believed that they were going before the school Committee and would report
back. He said that the church has been a good tenant and that there was
provisions for escalation within, the lease and it seemed life a clean --cut
operation.
Upon motion duly made and seconded, it was voted to authorize the
Manager to execute an amendment to the Munroe School lease with Adams-
Russell with the following revision
a. The ability of Adams Russell to extend its lease for-two
gears (currently three years) as long as it is not in ...d
default.
"f I - 9 -
Selectmen's Meeting March 8. 1982
FAi
b Proportionate 'share of costs are further defined between
the tenants,
Adams - Russell would be allowed to install its own heat -
ing system subject to approval of the Building omml. -
. sinner - and appropriate Town agencies.
The Manager further authorized to proceed with amending the lease with
the church.
The Board. discussed the letter from Roland w. King, regarding the i . S . S .
40th Birthday Celebration of the U.S.S. Lexington in October, 1983. It Lexington
was the consensus of the Board that it be reviewed further by the Mana- 40th
ger and also be forwarded to the Town Celebrations Committee. Birthday
The Board reviewed the request of the. Selectmen of the "down of pen- Town of
ser relative to having ,fudge Kitchell be suspended and a full 'inve tiga- Spencer
tion be made into his judicial indiscretions.
Mrs. Bttin stated that she did not think it appropriate for the
Beard to take a stand as they were not personally involved. The Board
agreed and no action, will be taken.
Upon motion duly made and seconded, it was voted to refer the re- Traffic
quest of Robert F. Walton for a stop sign and crosswalk. at Emerson Road Saf. Corn.
and Maple Street to the Traffic Safety Committee for review and report. Maple St.
Upon motion duly made and seconded, it was voted -to accept the res- C.R.C.
ignation f. Fred .Jaynes from the Center Revitalization and to replace Resig.
William Gothrope to replace Mr. ,Jaynes as the banking representative, It, Appts .
was further voted to appoint Larry Chait as the Chamber of Commerce rep-
resentative to replace Robert F. Sacco.
Capon motion duly made and seconded, it was voted -to approve the re- Trans. Adv.
quest of the Transportation Advisory Committee to forward a letter to Com.. Re-
Mr. James O'Leary, General Manager, M,B.T.A. to reroute MBTA bus #530 to quest
include one run in the morning add one run in the afternoon by way of Five Forks
Hartwell Avenue in Lexington..
Mr. Sacco informed the Board that he had received several tele- Commuter
phone calls over the week. -end from residents expressing their concerns Bike -Path
relative to the commuter bike -path. He asked if the Manager had replied
to the Bedford Board of Selectmen regarding the vote of the Board. Mr.
Hutchinson stated that he had called the Arlington Board of Selectmen and
informed them that the Lexington Board had voted 4 -1 in favor of the
project but he had not, as yet, sent the letter out.
Mr. Sacco asked if it were possible to delay sending the letter and
Mr. Crain stated that as the letter should have been sent he felt that un-
ess the Board wanted to reconsider that the matter was concluded.
Mr, Sacco is to review previous minutes and thanked the Acting hair -
man for clarifying the matter in his mind.
-1-
r ,
Executive Upon motion duly made and seconded, it was voted 4- by roll call MEMO
Session voted, Mr, Crain, Mrs, Battin, Mr. P 1iti and Mr. Sacco, to go into Execu-
tive session for the prupose of discussing a matter of litigation with no
intention of resuming the open session.
Upon motion duly made and seconded, it was voted to adjourn at
11:00 P. M.
true record, Attest:
' Executive C lerk :
ti
��
m
�3
S ELECTMEN 'S MEETIN
March 15, 1982
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, March 15, 1982 at 7:30 P .M.
Acting Chairman Crain, Mrs. B t tin , Mr. P o 1 i t i and Mr. Sacco; Mr, Hutc
son, Town Manager; Mr. Cohen, Torn Counsel; Miss Adler, Assistant to the
Town Manager and Miss Casey, Executive Clerk were present.
The Chairman convened the meeting and called on the Town Manager who Gen. Rev.
explained that he had held an administrative hearing on February 22 on Sharing
General Revenue Sharing as required by law. Also required, tonight Hearin
hearing by the-Board of Selectmen on proposed General Revenue Sharing mon-
ies for their use within the operating budget.
H e proposed that the ' nntieipated $550,000 General. Revenue Sharing
Funds be appropriated to Council on Aging Expenses & Personal Services,
Community Services, Police Motor vehicles, Police- Personal Services and
Street Lights.
Upon motion duly made and seconded, it was voted to appropriate the
General Revenue Sharing Funds, consistent with the intent and guidelines
of General Revenue Sharing, to the following:
1. C ouncil on Aging Expenses & Personal Services 3
POW 2. Community Services 40
3. Police Motor vehicles 50
+. Police- Personal Services 5 5 9 628
5. Street Lights 360,000
Upon motion duly made and seconded, it was voted to approve the re-
Battle
quest of Cub Scouts Pack 119 and 160 for the use of the Battle Green on
Green
April 25 between 2;00 and 3:00 p..
The Board discussed the request of the Youth Commission for per`.
Youth
mission to solicit funds from the business community for the prupose of
Commission
sending a Lexington youth to Outward Bound in Minnesota.
Mrs. Battin stated that she did not think that a Town Board has been
directly involved in such solicitations before.
Mr. Cohen reminded the Board that the Town Celebrations Committee has
ha activities of th is type in the past.
Mr. Pol,iti brought- the request of the Arts Counci t o solicit
fun which was denied by the Boar and asked if there was a difference.
M r. Hutchinson stated that it was not that diff erent in concept, b ut
at the t ime th request came in from the Arts Counci th e business com-
munity h ad been asked by the Town to donate f un ds to aid in the traffic
st He stated-that it was the fee of the Board at the time to
hold back for better tinning rather than have another solicitation of the
business community. He stated that it was not the intent to preclude any
fund raising by then.
Mrs. Ba. ttin stated that if it was a matter of timing an not policy
` that Town Boards should not solicit funds, she would move to grant per -
mission on the grounds that they are a separate Town Boar and not a ppoin-
ted by the Selectmen.
Upon motion duly made and seconded, it was voted to grant p ersmission
to the You Commission to solicit the business community for funds for
the purpose of sending a Lexington youth to the Minnesota Outward Bound
programs,
Historic Upon motion duly made and seconded, it was voted to table the Pp oint- mend Dist. Appt. meant to the Historic Districts Commission until a full Boar was present
and the vacancy advertised in the newspaper,,
Bends Upon motion duly made and seconded, it was voted to approve the follow-
ing bonds
Collector of Taxes $160,000
`own Treasurer 175
Town Manager 50
Town Clerk, 6 O
Water Upon motion duly made and seconded, it was voted to approve the request
Abatements of the Director of Public works for the fallowing water abatements:
Linda Goodman 11 Appletree Lane $ 45.00 Billing error
Paul Rempfer 8 Stevens road 161.10 Dieter reading error
Street The Board di the FY ' street acceptance for Outlook. Drive,
Accept. Meadow Brook Avenue and. wellington Lane Avenue.
The Manager recommended that Outlook Drive proceed according to schedule,
and provide within the' motion the intent for monies for wellington Lane Ave.
and Meadow Brook. Avenue to do the survey work within the Article in the
amount of $6500. -He explained that the survey work cannot be completed in
time for the street to be laid out and accepted at Town Meeting.
Upon motion duly made and seconded, it was voted to lay out Outlook
Drive from Middleby load a distance of 400 feet, more or less, northeasterly .�.�
and to provide $6500 from within Article 20 to complete the survey work
for Meadow Brook. Avenue and Wellington Lane Avenue,
Minutes Upon motion -duly made and seconded, it was voted to approve the minutes
of the Selectmen's meeting of March, as amended.
Mu The Manager updated the Board with information requested at the last
School meeting relative to the traffic counts on Mass. Avenue in front of Muzzey
School. The counts taken on Thursday and Friday were for vehicles in each di-
rection indicated the heaviest volume of approximately 1,000 vehicles was
between een the hours of 8:00 a.m. and 9:00 a.m.both days.
He referred the Board to the Planning Director's report of traffic
counts indicating that the trip generation from an office building would be
the same as, or womewhat less than, Muzzey Junior High when it was operating
at full capacity. He also referred to the Board the memo of the Director of
Public works which indicated that there was sufficient capacity on Mass.
Avenue to handle the traffic whatever the ultimate development would be.
Mrs. Baton read a prepared statement in which she expressed concerns
relative to the process by which a decision will be arrived at, as well a
the outcome of the deliberations. She stated that the Town's public build-
ings are a unique opportunity and responsibility to be used to achieve com-
m
unI ty goals that the private sector either has not or cannot." She expressed
concern that the Board's recommendation for disposition of the school will be
made without input from or discussion among major town boards and that the
two proposals recommended by the Committee do not meet the town's social
goals except. for a senior center. Other concerns expressed by. h er included
the possible removal of open space for unstructured recreation contrary to
the wishes of the neighborhood and recreation committee. She also was con-
Selectmen's Meeting March 15, 19
c reed about the increase in office use space without thorough Planning
Board and staff analysis and refere.nce to an existing overall plan and
completion of the Center - evital.i ati Committee's study and recommenda-
tions for Central Business ]district transition - zones. She noted the need
for careful traffic and p.ark,ing analysis. Her statement also expressed
concern that, by accepting market rate condominiums nothing will be pro-
vided for, townspeople that is 'n ot being supplied by the private sector and
the proposal conflicts with the planning Board's policy f o ' low and moder-
ate income housing 'when density is increased. She also expressed concern
'that even if quick financial gain to the town was the primary goal,.. the
price the tern will be receiving is much t low. She requested that the
Board reexamine the Comeau proposal because of tis varied uses which met
more town goals, and. suggested. leasing rather than purchasing and would
not build on the soccer fields.
Mrs. Margaret lls, Precinct 4 Ch airman , presented a written state-
ment in opposition to tommercial use of the building. She informed the
Board that volunteers had taken it around for signatures from' residents
on Mass. Avenue from Woburn Street to Marrett Toad, back as far as High-
land Avenue, Winthrop Rand,, Slocum Road, Bloomfield Street, Percy Road,
Tavern Lane, Eliot Raod , Washington Street, Bennington Road, Warren Street,
Sherburne and Vinebrook Roads.
She stated that the use show. d be compatible with th neighborhood,
.and, 'to her., a use i not compatible unless a good many who live in the
neighborhood think it is.
Mr. Jack Gardner, representing the local Chapter o r Retired Persons,
stated that they wanted to on record as advocating moderate type and
congregate type housing f the n' of the elderly ..
Rear. Shirley . Goodwin, Director of Minuteman Home C and Member o f
the Council on Ag stated that he felt that the Comeau proposal was the
only one that considered congregate housing and favored-it. and that it
should be presented to Town Meeting with the other proposals .
Mr. Stern Baran, Chairman of the Human e ' Co ittee �, stated
that he felt that it was unfortunate that this Commit did not have an
pportunity to co un . icate with the Conversion Conm ittee members while
undergoing tine .. prcess of selection.
Dr. M White, Mrs. Shunney and other Committee members expressed
their dismay and frustrations at the opposition they were receiving stat-
i ng that all their meetings had been posted and open to the public and they
had received no . input from the neighbors during the selection process.
Dr . Whit-e explained that they were constrained by the fact that they
were given a certain charge to do in a certain time and that it had to be
done promptly as -they - had serious considerations for leaving the building
vacant any longer, He explained that this meant that they . had to get
proposal before Town Meeting this spring. He stated that the Committee
had worked hard and for long hours and had given serious consideration to
everything - that had been said here tonight.
Mr. Crain stated that he shared the frustrations of the Comimittee and
pointed out that he had reviewed the details of the approach 'to the Muzzey
conversion and the parallel to the Adams - School approach was "striki.ng"
He stated that the Adams Co nmittee had 13 meetings and the Muzzey Committee
14, all of which were ooted and open to the p ublic. He pointed out that
p p p p
it was encumbent on the people of the town and those with a special inter-
est-to participate in the process. The meetings had been pasted and there
had been accounts in the newspaper of all the results of those meetings,
He also pointed out that the Board of Selectmen has supported programs
for the elderly as they came up and would continue to do so.
Nor, Joseph Rooney, Chairman of the Council on Aging, stated that
the Council has appreciated the support of the Selectmen and Town Meet-
ing given to the Council on Aging and that he felt "that it has been
overwhelming,, "
Mrs. Battin reiterated her concerns relative to the two proposals'
presented to the Board and said that she felt that she felt she could not
vote for either one. Sher requested a reexamination of the Comeau plan.
Ir. Cohen explained tha, under the law as it now stands, the Board
has a time' table to meet under the zoning by -laws and that it was impera-
tive for the Board to designate some use and developer in order to meet
the time table for this Town Meeting. He explained that the Selectmen had
no jurisdiction over the school until. the 1981 Town Meeting vote which
turned the school over to the Board as of July 1. The Board then immedia-
tely organized a committee to solicit and review proposals,
Mr. Hutchinson explained ' the selection-process and stated that on
January 29 seven semi-finalists we 're selected from 16 proposals. Review
of all proposals was held in open session and the financial matters had
been discussed in executive session. He explained all the meetings had
been reported in the gaper and the process had been repeated until_ it had
narrowed down to the final f our proposals. He stated ' that at one of the
meetings the Planning Director was present to review the types of uses
and the demand on the town, He stated that there had been adequate dis
cu ion and press coverage of all the proposals that were reviewed' in
open session.
He further explained that if the Board were to vote for residential
use it should be done this evening because of a legal requirement for
14 days notice for the Planning Board to hold its public hearing. He
stated that this requirement would not have to be met for commercial use
but a heraing would have to be held after Town Meeting if it passed there.
He also explained that there was an article in the warrant for rezoning
if the commercial use was voted.
Mrs. . Bat tin .moved not to designate a use at this meeting but to re-
examine the Comeau proposal in greater detail for next Monday night.
The Manager asked if this meant to exclude the Agin proposal.
Mrs. Battin stated she . was not moving to exclude Elgin and said
she could not Grote either the market rate condominium's or the completely
commercial, but if the Board wished to look at it further, she had no
problems with that,
Upon motion duly made and seconded, it was voted to table the de-
cision for a. designated use and developer for the Muzzey Junior High
School until next Monday.
onserv. . The Conservation Commission met with
Comm. proposed land acquisitions.
Mr. Williams informed the Board that
the Board to update them on the
no new funds are being requested
Mod
awai
!(I S -
Selectmen '-s Meeting
March 1, 1982
Article 30 -- land off Maple Street -- still under negotiations
Article 31 Lot 108C on assessors' Map 83, (off Grove Street)
have an agreement with owner to sell $19,5 which is consistent
with assessment-of $1
Article 3 -- Lot 19 on Assessors' Property Map 58 (off Cedar Street)
known as the "Poor Farm" -- have had discussions with the Dousing Authority
who expressed an interest in the land --- broughtto their attention land
that the Conservation-Commission throught would be appropriate for housing.
Mr. Scanlon spore to Mr. Williams about this as the Housing Authority was
unaware it was being considered by the Commission. Mr. Williams wrote to
Mr. Rooney outlining the reasons it was included one was that the neigh -
bors were interested in having it transferred to the Conservation Commis-
s ion. Mr. Rooney had requested and received a topographical map of the
site and will get back to the Commission shortly,
Article 3 -- Lots 223 and 225 on Assessors' Property Map 72 (off Ward
Street) --- Mr. Williams stated that it would be in the .interest of the
Town and the owners to male a land swap by conveying town owned lot #213
on Assessors' Property Map 72 to Joseph J,-Murphy and Marjorie P. Murphy.
The Acting Chairman thanked Mr. Williams for his review and he re-
tired from the meeting.
The Board met with the Conservation Commission and the Recreation Conserv.
Committee to -review articles for Town Meeting. Comm.
e
Mr. Eby, chairman of the Recre Committee info the Board that Recreation
the C ommittee is supporting Articles 34, 35 and 36. Relative to Article Cori,
3, The Lincoln Street Study, he explained that they feel that the most
pressing organized recreational need in the Town is the need for additional
fields for sof t ball. and soccer. They f eel that the open space available
for those needs is the Lincoln Street area. The $5,000 requested is for
engineering studies to determine what would be required to turn it into
first class-recreational land.
Mr. Prentiss explained -in detail ghat the engineering study would
entail and the Conservation Commission's involvement in it.
Mr, gain thanked the members of the Committees for their report
and they retired from the meeting,
Mr. Kyles Barnert , Chairman, and members of the Capital Expenditures Cap. Exp .
Committee net with the Board to go over. items pertaining to Town Meeting. Committee
H e expressed dissati-sfa.ction that Board, under the requirements
of the Selectmen /,own Manager Act had not filed its report to the Capital
Expenditures Committee by October 15, which necessitated that the Com-
mittee meet with other boards and committees without complete data. He
pointed out that twat, as a requirement of the Town By-Laws, his committee
had prepared its report of capital expenditures with recommendations of
the projects that should be undertaken within a five-year period and that
they had been working on it for years and it was the basis of its report
n ........., for this year. He stated that "it was with shock and d.is ay_¢� that his
,:., committee learned that items had been removed and others of a capital
-
nature were entered without notification to then. He stated that he felt
that it was not the gray for committees to have to word,. _
Mr. Crain stated that the point was "well taken, particularly in light
o f the time and effort put in" and that it would be taken under advisement
as to how it happened. MAW
Mr. Hutchinson explained that it was a highly unusual year from the
standpoint of financial, matters and that before a budget could be filed
with the Selectmen's decisions, a tax rate for last year. h a d to be set
which, at that tune, was not,
Mr. Crain stated-that he felt that the Board should be sensitive to
the committee � s emotion regarding the point of changes in, dropping and
addition of articles without notification to the committee,
Mrs. Battin and Mr. Polit i agreed with Mr. Barnert that the report
should be filed by the deadline, if possible, and assured that it would not
happen again.
Mr. Barnert stated that his committee was still open to hear what the
Board's recommendations were and they discussed the differences rather
than the whole report.
He stated that his committee had met with the DPW, which was highly'
informative, relative to the. water distribution study but had not come to
a decision as to whether or not it would be supported. He said that the
committee will offer an amendment to l.o rer the DPW request for $150,000,
as there had been deferments in other areas and that the public works
feel should not be exempt. He also stated that there has been some
degredation in services and that it was an opportunity for Town Meeting
to admit it.
He stated that they had not recieved information about the parking
improvements and it was not on their list, fir. Hutchinson will furnish
the information.
M r. Barnert stated that they were supporting the backstop and had
not cone to a decision about the all weather track as it was not a pri-
ority item.
He also stated that his committee disagreed on the strict limitation
of the use of free cash to 1.2 rail lion feeling that it was overly con-
servative and that 1.5-million was a more reasonable amount.
Mr. Crain apologized to the committee for the oversight in not in--
forming the committee more thoroughly, and that it should not be con-
strued to imply that the Board was less than reliant on and value of
input from the committee.
He thanked the committee and they retired from the meeting,
Transfer Upon motion duly made and seconded, it was voted to approve a trans-
fer from the Reser Fund in the amount of $10,000 to the Fire and Police
Medical account #
The Manager requested approval of the Board for supplemental appro-
priati under Article 3 due to a number of vacancies i.n the Police De-
partment, overtime demands illnesses in the Fire Department,
f
Article 3 Upon motion duly made and seconded, it was voted to approve the
Sup. App, following requests under Ar'.ticle
A ccount #3370 $20, 000 for Police Personal Services
Account #4120 65 for Fire Personal services
Account #1700 75, 000 for Group Insurance
SMO
9
Selectmen's Meeting
March 15, 1
The Manager informed the Board that he had reviewed the request of
the Lions Club f or the use of the Center Field for the annual Fourth of
,July carnival and requested approval of the request,
Upon motion duly made and seconded, it was °voted to approve the re-
quest of the Lions Club for the use - qg. the en r Field from Tuesday,
.June 2 -9 P .M. .to set up equipment) through Tuesday, July 6.
The Manager informed the Board that he had reviewed the request of
the Chamber of Commerce for permission to hold its 3rd annual "Discovery
in Lexington" days. He requested approval of the Board and stated that
he would work out the details with th Chamber as in the past .
Upon motion duly made and seconded, it was voted to approve the re-
quest of the Chamber of Commerce to hold its 3rd annual "Discovery in
Lexington' days from May 23 through May 29.
There was no Executive-
Lions Cl ub
Carnival
Chamber of
Commerc
"Discovery
in Le . "
Upon motion duly made and seconded, it was voted to adjourn at 10:00 P.M*
true record, Attest:
0"
, -
�xecutive Clerk
r
60
SELECTMEN'S MEETING
1
Mach 22 1982
A regular meeting of the Board of Selectmen was held in the Select-
menis Meeting Room, Town office Building on March 22, 1982 at
7,030 P.M. Chairman Busa, Mrs. Bat tin , Mr. Politi and Mr. Sacco; Mr. Hut-
chinson, Town Manager; Mr, Cohen, Town Counsel; Miss Adler, Assistant to
the Town Manager and Miss Casey, Executive Clerk., were present.
The Chairman. convened the meeting and opened the hewing on the re-
q uest of the Chicago Title Insurance Company to lease 1200 square feet
of land at the rear of the Department of Works yard on Bedford
Street. The purpose' of the request is to install a 65 foot telecommuni-
cation antenna and small building to house radio equipment.
Notices of the hearing had been seat to abutters and it had also
been advertised-in the Lexington Minute Man.
Mir. John F. Rooney, representing the company, explained that he
would life to correct the amount of square feet required to 2,000 in-
tead of the original request of 1200 square feet .
Mr. Tong Harak.a, also representing the company, explained that the
antenna would be free standing, makes no noise, has no signals and does
not interfere with present communications. He explained that the pole
would be in concrete seven feet deep and would need no guy wires. He
also explained that under the FCC rules and regulations they are not per -
mitted to interfere with any type signals and that they would certify
that in whatever agreement could be drawn up.
He explained that this cellular telephone is an extension of the
present telephone and allows a phone to be completely mobile. This would
enable the owner to make and receive calls from a car, trailer or wher v t
a phone is posted. He explained that there are several such operational
locations in the Greater Boston area but did not have the listing with hire.
The proposal called for a lease of the location for $12,000 annually.
Several questions were posed both by the Board and the abutters
relative to interference with radio and television sets, size of the polo,
size and color of the building to be erected and whether or not approval
had been received from the Hanscom Airport officials.
Mr. Politi stated that he would like to halve information relative
to what type of experience the abutters have had at the sites already in
operation He also requested that the terms of the-lease be looked at
in Light of the lamer size base that was presented this evening and
if that would have an impact on the rental fee and also a comparison
to other rental fees at other locations.
Mr. looney explained that the 32 sites mentioned were, at this Point
not constructed but there were locations in Chicago and elsewhere in the
country that are operating.
Further information based upon questions and concerns expressed by
the Board and the abutters will be furnished by the applicants and an
another meeting will be scheduled within two weeks.
AMPS
Antenna
Auctioneer Upon motion duly made and seconded, it was voted to approve the ire -
Lic , newal of the following Auctioneer Licenses
William Sennott
Robert H. Cann
Stephen W. Ireide
Accessory Mr. Steven A. Clark, Chairman of the Accessory Apartments Committee
Apts. met with the Board to give a summary of the Committee's report to Town Meet-
Report ing under Article 2.
He informed the Board that the Committee had met almost weekly since
its was appointed in-November until mid January gathering information that
would be useful, in determining the impact of regulations in this area,
Specifically, getting an idea of where the existing apartments were and
what neighborhoods might be impacted. He stated that they had also tried to
get information of lot sizes in the Town to determine the impact of regu -
lations on lot sizes, but that information was not available at this time.
He stated that 'it became apparent in mid - January 'that they would not be able
to formulate an article for the Warrant for Town Meeting in time to hold the
necessary public hearings.
The Committee has cone to the conclusion that further regulations
would be desirable and feels that by the next Town Meeting they will be able
to have are article ready..
The Chairman thanked Mr. Clark, and his Committee for the time and
effort given to the project and Mr. Clark will present the report to Town
Meeting. The Committee retired from the meeting.
Hanscom Ad v. Upon motion duly made and seconded, it was voted to approve the a p-
om. Appt . pointment by the Hanscom Field Advisory Commission of Joan P. Crothers,
13 Emerson Gardens, representing AP..
By -Law The Board net with the By -Law Committee relative to the suggested
Committee oranges of the Board and Town Counsel to the draft report presented last
week..
After discussion, Mr. Politi thanked the Committee for the work dome
on the report and stated that the Board of Selectmen is charged with present-
ing warrant articles at Town Meeting and this article had been assigned to
him. He disagreed with some. of the changes suggested and wade a motion to
amend the warrant article as follows:
1. Delete the recommended change with respect to the use of
the Battle Green.
2. Delete the recommended change with respect to loam, sand and
gravel and eliminate the 25 cu. yd. requirement so that any
removal or placement of loam, sand and . gravel would require
a permit.
3. Eliminate the Civil Defense Advisory Council for the reason
that the Council is not now functioning and it is within the
purvue of the Town Manager to set up a committee of depart-
ment heads to give him advice. If the Selectmen at some
point would like to establish and identify the need for
committee they can establish are advisory committee for that
purpose.
�a
Selectmen' Meeting March 22, 1982
and they retired from the meeting.
4. Retain the current provision that any acceptance of fends for
Civil Defense or equipment be with the approval of the Board
of Selectmen and not with the Town Manager as the By -Law Com-
mittee has recommended.
Mr. Sacco seconded the motion.
Mrs. Battin suggested that the Board defer voting on what the Board's
recommendations are regarding the report of the B Committee until
a full Board is present ,
Mr. Polit i withdrew the motion.
Upon motion duly made and seconded, it was voted to table the de-
cision of the Board on the By -Law Committee report until a full Board is
present.
The Chairman thanked the Committee for the word, put into the report
The Board discussed the letter of March 17 from Mr. David Reiner,
C hairman of the Lexington Democratic Town Committee submitting three
names as nominees for appointment one Registrar of Voters.
It was Mr. Politi's feeling that the Chairman should interview each
of the nominees and come back to the Board with a recommendation.
Mr. Busa will call each nominee to determine their interest in and
qualifications for the appointment and make his recommendation to the
Board next weed.
Registrar
of Voters
ppt,
Mr. Paul Ma erall, Tree warden & Park S uperintendent reported to Gypsy Moths
the Board relative to the Gy psy moth problem. He reported that last
year, using three sprayers, his crew was able to cover approximately
7 o f the Town where the heaviest infestation of Gypsy mo 't h was
present. The cost of the material used, which was Dipel, was . 00
per gallon with a cost projection of $38. per gallon for 1982.
He informed the Board that the State has carried out a ground survey
and forecasts a. heavy-infestation in many parts of Lexington this year.
H e stated that because of the cold severe winter and two years of com-
plete defoliation to. some trees, there . could be a gradual decline o
many oak trees in Lexington. He stated that the state is still recom-
mending Dipel and there is a strong Possibility of some form of reim-
bursement from the State to those towns that are using Dipel.
He referred the Board to its copies of the report from the State
Division of Forests and Pans which .indicated 2,826,095 acres .of
defoliation in the State of Massachusetts in 1981 and approximately
75% Lexington had been infested. He stated that the problem is
now moving into the Cape area.
He stated that all the oak areas will be sprayed again this year
but he will not be aide to get the whole town sprayed. He felt that
the Problem was on the decline.
The Chairman th Mr. Ma for his report and expressed the
hope that citizens will contract to have their trees sprayed in an
effort to control the damage. Mr. Maerall retired from the meeting.
t
- 4 -
Elks The Chairman read a request from. the Lexington Lodge No . 2204 Elks for -�
Ext. of permission to extend the hours of operation under the Club's Liquor License F
Hours from 9:00 a.m. until 12:00 midnight on April 19
Upon motion duly made and seconded, it was voted, Mr. Politi abstaining,
t o grant an extension of hours from 9:00 a.m.. until 12:.00 Midnig on April
19, 1982 to the Lexington Ledge No. 2204 Benevolent and Protective Order of
Elks under its Club Liquor License.
Five Forks The Board discussed the request of Marion Dolan for additional striping
Striping at the Five Forks intersection and the Traffic Safety Committee's recommenda-
tion to approve the request.
Upon motion, duly made and seconded, it was gated to grant the request of
Marion Dolan for striping at the Five Forks intersection when DPW begins its
spring program. Nis. Dolan is to be so notified.
M uzzey school The Board met with the Muzzey School Conversion Committee and the four
developers who were the finalists to again review the proposals.
The Manager explained that he had met with the Committee on Saturday to
review the results of last week's Selectmen's meeting. He explained that
after the meeting, the Committee members felt that their efforts were not
clearly understood and were here to articulate their views and explain the
rationale for their 7-2 vote for commercial use of the building. All mem-
bers agreed that the abutting piece of land (soccer field) should be retained
in the ownership of the Town. Some of the members questioned the need for
senior center at this time and felt that it could wait until later as there
is a provision for the center now, although on a more limited basis. He
stated that he felt that the Committee had a difficult problem to solve and
finally settled on the four proposals to be presented to the Board. He
reviewed the proposals again, explaining the details of each relative to
sale, lease, occupancy and use of the abutting piece of land.
Mr. George Harris, Chairman of the Committee, explained that workin
within the charge to the Committee, the residential proposals were stronger
in the environmental aspects regarding parking and traffic.. He stated that
the Committee felt that the proposal from the Lexington Housing Authority
w ould take too long to get through in terms of funding etc. and, therefore,
was ruled out. The Codman proposal, while it did 'address a social concern
relative to availability of moderate housing for "empty nesters' and young
couples, was ruled out because the price was not favorable to the Town*
He explained that the developer would make more money than the Town in that
they offered $405,000 and the provision for the senior center would easily
cost $ 4 0 0,000 and would negate the selling price. The proposal also re-
quired that the senior center be a separate building in the vacant land as
sale of the condos would be negatively affected if it were a part of the
main building. He explained that the Comeau proposal received minimum
support of the Committee due to the fact that it would change the facard
of the building by extending the upper level for congretage dousing. They
felt that the traffic would be more extensive on , week -ends and evenings
dine to the arts center, club, cafeteria etc. that had been in the proposal..
He summarized that, considering the five items in the charge to the
committee, the strongest proposals were the commercial, with the west resi-
dential being C dman because it addressed young couples and "empty nesters."
4- 5
Selectmen's Meeting March. 22, 1982
M r. Don Diller, 'committee member, stated stated that his neighborhood sup -
ports the unanimous opinion of ' the Committee that the so .cer field should
be removed from any conveyance of the property. He felt that the problem
with the commercial use was that it would be symbolic in that it would be
the first time to designate a major commercial use on the ease side of
Mass. Avenue and would open up the area between the center and East Lex-
ington Village for commercial. use. He pointed out that with the new of-
fice buildings now going up in Town this would increase office space by
49 and malice . a- change in the environment in Lexington-Center.
Mrs. Mary Shunney, committee member, stated that she had hoped that
the Committee could core up with a strong residential . proposal, but none
were received. She felt that the Codman proposal, did meet a need for
housing that has not been met in the Town, but felt that the Board should
make the final decision. She felt that the Comeau proposal was a very com-
p lex use of the building and that the Elgin was more clean-cut.
Mr. William Spencer, committee member, stated that he felt that among
the four final proposals, there was no clear "best." He stated that he was
one of the two in the minority who voted opposition to commercial use
of the building. He stated that the development had a . "creep -
ing commercialization" to it and that the residents of Hancock-Street are
continually alert to the threat of commercialism from the Center. He said
he felt that the residents of the Muzzey area would h a similar fear of
commercialization corning down. beyond Woburn Street. He said that he was
disappointe<i that the Committee felt that the time delay associated with
a ny subsidized lour ' and moderate income proposal- was such that those pro-
po must be ruled out.
Mr. Busa ,. - speaking as a Committee member, stated .that his views were
similar to . .r . Harris'. He felt that the Elgin proposal was the best pro-
posal for the majority of the residents of the Town. -He stated that there
would be no " commercialism" clown Mass. Avenue as this was a one -
shot proposal to deal with a vacant school. He pointed out that the Rec-
reation Committee had said that it sloes not use the-soccer field any more.
He pointed out that the developer was very cognizant of the fact that the
Town was trying to preserve the green space and that there will be a sun -
en parking area and the rest will be screened. He stated that he felt
that this would be a clean sale for the Town and would beneficial in
this time of economic stress.. The - specifications for the senior center
coup be worked out with the Town Manager, ouncil �.on Aging and the
Board fo Selectmen. -He stated that the 'down would receive a tax and sale
benefit by going with Elgin.
Firs. Battin stated that she favored-,a com . it& - `_ us.e:'_cif the build-
ing and had asked for reconsideration - of the Comeau proposal. She stated
that she had read it in greater detail since the last meeting and had
number of concerns. She asked the developer if the congregate housing.
could be located elsewhere rather than on the third floor; how they. plan
to constrain the health and fitness programs to noontime and gust walkers;
how realistic was the concept of having conferences after 2:00 p.m. for
businesses and whether or not the cafeteria patrons could be restricted
to just the occupants of the building.
Mr. Comeau responded to the questions and stated that the concept
a s presented precluded moving the congregate housing center elsewhere in
s�
the building; that the cafeteria patronage could not be restricted as she
suggested; and that there would be no plausible way that the health and
fitness programs could be restricted to noontime and walkers. He stated
that the conference center .would be leased primarily to the offices :v he
building and used during business hours but the second priority would be for god
the senior center and would be leased to others on non - business hour's in-
cluding Saturdays and Sundays.
Mrs. Jacquelyn Smith of the Planning B oard expressed concern regarding
the outright sale of the building and wondered if the citizens wanted to
lose control of this large piece of property at a one -time gain for the Town.
She also expre concern that the Town was losing a chance at congregate
housing and missing an important chance to serve the elderly. She said that
she felt that service to the elderly was more important than providing a.
senior center which is now partially provided. She expressed concern that
there were many unanswered questions and that was a problem with leav-
ing the building empty for another year. S felt that it wou be better
to address the questions now rather than to go to Town Meeting with no an-
swers to them and have a special Town M eeting which she felt was less ex-
pen than heating Mu
Mr. Hutchinson explained that the school had been drained and shut down
o that no heat is required, but that there had been problems with vandalism
and this would increase. He further stated that no one is interested in
leasing on a short -tern basis.
Firs. Laura Nichols of the Planning Board stated that she agreed with
Mrs. Smith that housing is one of the social needs that is not being net b
the Town and that it was where the most public good will be attained. She
stated that she favored a residential use of the building which would be
better for the neighborhood and preferred to see the land leased and not sold.
Mr. Jacob Gardner representing the Forum on Aging stated that they
felt that none of the proposals presented net the needs as defined in the WOO
Forum on Aging and Elderly needs workshop and recommended that the Board
refer back to the Committee with a more specific charge incorporating those
needs.
Mr. Pol.iti expressed his concerns relative to the suggestion of re-
ferring back to the Committee with a narrower scope. He stated that he felt
that the Town was not dealing with a piece of property that developers were
If waiting in line" for. He pointed out that other communities - were al
closing schools and having diff iculty in finding developers. He felt that
the Elgin proposal provides a senior center that was long needed, provides
an initial purchase price to the Town and that the soccer field could be
kept open to assist the neighborhood, He asked that the committee members
express their views relative to having the matter referred back to them.
He wondered if a more specific charge might have brought out proposals that
net community needs and asked that the Committee be polled for its views.
M r. Harris stated that he felt that it would be very difficult to
arrive at a more limited scope and that the f ive criteria in the ' charge had
been fair to developers. He stated that he felt that if they had to go
through the process again it would be difficult to Borne with a proposal
for a special town meeting before winter. He stated that they didn't get
very good proposals in the beginning and would be more difficult now.
Mr, Giller stated that he was concerned about losing time and felt
that it was quite likely that Town Meeting would favor a commercial use.
He stated that he. felt that if another committee were appointed at the con -
clusion of Town Meeting it would be difficult to go through the process and
come up with a special town meeting before printer. He said that he would
welcome the opportunity of the Board's narrowing the scope as soon as pos-
sible and challenged the committee to work with the neighborhood and the
rest of the Town in meeting that challenge and make a decision before Town
Meeting.
Dr. White stated that he felt that if there had been one criteria it
would have been easier, but agreed that it would be difficult to start the
process all over again. He felt that it would go well into next year.
Mr. Shunney stated that she agreed with all the other members and
felt that no better proposals would be forthcoming by repeating the process.
She pointed out that there were many problems associated with rehabili-
tating an old building and having a broader scope to work within would be
better for developers as it is a very costly for developers to submit pro-
posals.
Mr. Spencer stated that because of his feelings about family housing
h favored either referral back to the committee or a motion at 'Town Meet -
ing to aim the-project toward subsidized housing so that the Housing Au-
thority could t a chance at it. He stated that he understood the prob-
lems related. with this move and was pulled in both directions, but would
continue to speak for subsidized housing.
Mr, Busa stated that he felt that time was of the essence and that
if it were referred back. - to committee new members may have to be appointed
and a conclusion arrived at before August in order to have a town meeting
sometime before September or October. He felt that a use and developer
POO should be designated now.
Mrs.'Battin stated that she wished to thank the for the
hard work and long hours put in on . a gargantuan task to complete in a
short space of time. She stated that she did. lit e the Comeau concept of
leasing and the varied use did meet some of the Town's social goals,. but-
there were too many unanswered quest in her mind. She stated that she
was concerned with delay but felt that if the Board made . precipl.tous
choice now Town Meeting will defeat it and then it will be referred back,
to the Board again and the process will not be started until next steer.
She stated that she preferred to start the process right away for a special
town meeting in the fall and made the following motion
Move to. refer hack to the Committee with a more detailed charge as
to use to be drafted by the Board of Selectmen in consultation with the
Planning-Board, Recreation Committee, Hunan Services Committee, Council. on
Aging, Housing Authority and Fair dousing Committee. (They are all con -
cerned with the social needs of the Town and land use.) Those drafting the
charge should consider the Town's social., economics and land use goals and
look at the issues of congregate housing for the elderly, affordable hous-
ing for all ages, senior center, keeping u t.ruct red recreation land
open, lease vs. purchase, traffic, parking and neighborhood concerns, the
.. Committee ittee should report back to the 'Selectmen in time for a special town
meeting to be held no later than December 15.
No one seconded the motion.
Mr. Politi moved to designate Elgin as the developer and commercial
use of the building.
Mr. Sacco seconded the motion.
k
t
t�
Upon motion duly made and seconded, it was voted - Mrs. Ba.ttin
voting in the negative, to designate Elgin as the developer of Muz ey
Juni Gr High School and the use of the building as commercial use.
Mr. Politi stated that his motion was contingent upon further nego-
tiations with the Town. Manager and the developer and asked that, if possible,
the neighbors be brought into it because he thought there was still some
hope alleviating some of their concerns and winning over some of their
support.
The Manager stated that the Board has always charged its conversion
co to go b to the neighborhood and this would be done again.
The Chairman expressed the appreciation of the Board to the Committee
for the hard work, and dedication put into the project and they retired from
the meeting.
Chamber of The Manager referred the Board to its copies of a. request from the
Commerce Chamber of Commerce for permission to conduct its "Discovery in Lexington"
Banner days and the placement of a }canner across Kass. Avenue. He requested a.
decision from the Board relative to the request for the banner.
The Chairman stated that the policy of the Board was not to allow
banners in Town except for the Election Day banner. He felt that to allow
this would open up a series of requests from others and was not in favor of
type of advertising. The Board agreed,
Upon motion duly made and seconded, it was voted 3-0, Mr. Sacco
abstaining, to refuse to grant permission to the Chamber of Commerce to
place a banner across Mass. Avenue during its "Discovery in Lexington" days.
C ommuter Mr. Sacco informed the Board that he still gets calls and letters from
Bikeway people concerned with the Minuteman Commuter Bikeway in which they state
that they feel that they were not heard or they did not have an opportunity
to be heard and he made a. motion that the Board have an open meeting between
the abutters, and the Bicycle Committee for the purpose of hearing the con-
cerns of the citizens.
Mr. Pol,iti stated that he had made a similar motion the might that the
issue was voted upon but dial not get a second at that tune. He stated that
he felt that it was important, even though the neighbors were corning in at
the "eleventh hour" they had a. right as citizens of the Town to mak. e their
views known and have an opportunity to hear the proposal, ask questions of
the Board of Selectmen, the Town Manager and the Committee and receive an-
swers to those questions. He stated that the neighbors carne forth at the
'eleventh hour' but the Board., in its wisdom, deferred action and gave an
opportunity for further neighborhood .commen.t and a review of the proposals.
He seconded Mr. Sacco's motion.
Mrs. Ba.ttin stated that she felt uncomfortable about taking this
action without a full Board, she said that the Board has often had citizens
say that they haven't been heard when they mean that the Board didn't agree
with there. She stated that she thought it had ample public discussion a
it had a prior public meeting at Cary and discussions before the Board. She
said that she was concerned about affording one group this opportunity and
that it would set a precedent. She stated .that she-would prefer to defer
the decision until, a full. Board was present, if Mr. Sacco agreed and
stated that if the Board chose to vote now she would vote "No" at this time.
IN
Selectmen' Meeting
- 9 -
March 22, 1982
Mr, Sacco reminded Mrs. Ba.ttin that there was not a full Board present
when the Muzzey decision was arrived at last week and he preferred not to
defer the matter.
Mr. Busa stated that he had no problem with deferring because he felt
the earliest possible time to have the citizens in to listen to their pros
and cons would be during Town Meeting on an evening that Town Meeting did
not meet,
Mr. Sacco withdrew his motion.. .
The Board discussed the upoomin committee app intments and a list- Committees
ing of vacancies will be published in the Minute Man with requests for
volunteers to serve.
Mr. Politi informed the Board that he will ask the Board to appoint
committee to review the sel-ectmen /Town Manager Act, He stated that it
would not be in terms of deciding whether or not the Selectmen /Town Mana-
g er form of government should be continued as that decision has been made.
He stated that after ten years of experience with the Act that it isim-
portant to review the Act as the By -Laws are reviewed. He stated that he
had mentioned it to Mr. Hutchinson and he had pointed out certain things
that do need correction such as fiscal years and budgetary process items,
etc.
FM
Upon motion duly made and seconded, it was voted + - o, by roll call Executive
vote, Mr. Busa, Mrs, Battin, Mr. Politi and Mr. Sacco, to go into Bxeeu- Session
tive session for the purpose of discussing the reputation and character
of an individual who is aware of the meeting.
Upon motion duly made and seconded, it was voted to adjourn at
11:15 P.M.
true record, Attest:
r
Executive Clerk.
VOID
r Kli�
y SELECTMEN MEETING
March 2, 1982
regular meeting of the Board of Selectmen was ,held in the Select -
men Meeting Room, Town office Building, on Monday, March 29, 1982 at
7: 30 P.M. Chairman. Busa, Mrs. Bat tin, Mr. Politi and Mr. Sacco; Mr. Hutc
son, Town Manager; Miss Adler, Assistant to the Town Manager and Miss. Casey,
Executive Cleric were present.
r
The Chairman convened the meeting and called upon Mr. Ben Goodman
of the Hu Bus Lines who was requesting a fare increase and a longer term
contract.
Mr, Goodman informed the Board that he had met with our Tra
tion Committee and discussed the problem of standees and a possible change
in time schedules.. The question of a longer term contract was also. dis-
cu
Mr. Fred Rosenberg, Chairman of the Transportation Advisory Com-
mittee, informed the Board that when they had met with Mr. G oodman he had
brought to their attention a new State Law that allows State to buy
vehicles and then lease them to private operators for intercity taus ser-
vice. Mr. Goodman felt that he would.reguire the route rights to be eli-
gible to apply. Mr. Goodman oodm felt that the Town should support his osL-
t ion in this respect.
M r. Hutchinson stated that he felt that the Board should support
the recommendation of the Transportation Committee and extend the contract
to June 1 and invite the riders to give the Board .comments relative to the
service provided. He stated that he felt that the project shoed be put
out to bid again so that Hub Bus. can compete with other bidders in pro -
viding a certain level of service before a rata increase was agreed upon.
Mac. Rosenberg stated that during .the discussion with Mr, Goodman a
number of li itim to concerns were raised and the Committee would need
more time to properly address them and report back to the Board.
The Manager suggested that the .Board defer action until there is .
full Board present and more input is available. The Board agreed to
bring up the extension of the license at next week's meeting and have a
further meeting within a few weeks.
Mr. Myron Rosenblum of the Lexington Committee for a Nuclear Weapons
Freeze an Committee members met with the Board to discuss Article 39 o f
the Warrant. He stated that the article proposed gnat .the Town officials
and Town Meeting approve the appropriation of $3, 000 for the purpose of
reviewing the State Civil Defense Agency's "Relocation which
they felt raised ma' n questions relative to the protection of the citi-
z ens from the physical, physiological and psychological affects of a nu-
clear bomb attack in this vicinity. The money would . be spent for the
printing and distribution of its report. The review would be performed
by recognized experts, such as civil defense officials, scientists,
physicians and informed laymen and would determine whether or not the
Hub Bus
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Nuclear
Weapons
Committee
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State plan was realistic for the Town, He stated that this study should be
considered as a separate entity and not part of a "Nuclear Arms Freeze" a
they had covered this aspect during the past year by obtaining more than
5,000 signatures in Lexington which were used to draw the attention of on-
re s to the position of a ignifica.nt number of-voters in the Town, "
The Manager staters that he did not feel that the Town, at this tile,
should appropriate the sum of $3,000 for this purpose as the Town can appoint
a committee to make this review and report back to the Board and the com-
m ur�ity. e agreed with the o mittee that the Civil Defense Plan was really
not realistic and perhaps a committee could be formed before Town Meeting
would address the article.
The Board agreed with the Manager and the appointment of such a com-
mittee will be discussed at a later meeting. The Board assured the Com-
mittee that, if possible, within the motion as written, they would support
them.
The Chairman thanked Mr. Rosenblum and his committee and they retired
from the meeting.
Taft Avenue
The residents of the Taft Avenue area met with the Board relative to
request
a request f or "Caution Children" signs on Taf t Avenue. The Traf f is Saf ety
for Traffic
Committee report indicated that the warrants for such signs were not met
Sign
and the request should. be denied as previously recommended.
Mr. Eric Clarke, member of the Traffic Safety Committee, informed the
Board that the Committee h ad gone out to th area twice and reviewed the
traffic situation and had voted, unanimously, to recommend denial of the
request as it did not meet the requirements by State regulations.
Mr. Joseph Petner of 30 Taft Avenue addressed the Board and pointed
out that the area was within 500 feet of a playground and school bus stops
and, therefore, dirt meet one of the requirements. He pointed out that
there has been an increase in the population of children in the area, also.
Residents of the area spoke in favor of the request and one pointed out
that there are large trees in the area that do obstruct the view of opera-
tors.
Mr. Petner presented a. v ideo tape of the area look ing do wn Taft
Avenue toward Mass. Avenue and another area at Daniels Street showing the
traff about p.
After reviewing the tape, the Board discussed the request a gain,
and Mr. Politi stated that he felt that the Board should approve the re-
quest of the residents.
Upon motion duly made and seconded, it was voted to approve the re-
quest of the residents of the Taft Avenue area for the installation of a
traff is sign at a location to be determined by the Town Traffic Engineer
with the approval of the Traffic Safety Committee.
The residents of the area present thanked the Board and they retired
from the meeting.
League of Upon motion duly made and seconded, it was voted to approve the re-
omen voters quest of the League of Women voters of Lexington to sell informational
material in Cary Hall Lobby during Town Meeting.
q1
Selectmen's Meeting
The Chairman read a request from Cumberland Farms Dairy, Inc. for Video Game
permission to place a video game machine in store #3306, on Mass. Avenue Lic. Request
in East Lexington, Cumberland
After discussion, the Board agreed to deny the request. Farms
Upon motion duly made and seconded, it was voted to deny the re-
quest of Cumberland Farms Dairy, Inc. for a license to place a video game
machine in Store #6 in Lexington on the grounds that the general good,
order and welfare of Lex-ington requires such denial in that the operation
of such a device at that location would allow use by minors and would en-
courage minors to congregate in inappropriate surroundings.
Upon motion duly made and
of the Director of-Public works
Gary Hayward 38 Dexter
Donald Gray 58 Liberty
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March 2 9 , 198 2
seconded, it was voted to grant the request Water
for the f oll wing water abatements: Abatements
Road $45,00 Incorrect reading
(customer)
Ave. $450.00 Incorrect reading
(customer)
The Chairman read the recommendation of the Police Chief to revoke 'taxi
the taxi driver license of James F. Foley and requested that the ratter Driver
be tabled as it may require a. public hearing and notification to Mr. Lic .
Foley.
Upon motion duly made and it was voted to table the rec-
ommendation-of the Felice Chief to revoke the taxi driver license of
James F. Foley.
Upon motion duly made and seconded, it was voted to appoint Registrar
Mary Ab g , 261 Waltham Street as Registrar of ,voters. as the Democratic of voters.
representative. Dem.
The Chairman requested that the discussion of the Commuter Bike Commuter
Path be tabled until next week when Mr. Crain would be present. Bike Path
Upon motion duly made and seconded, it was voted to table the
discussion of the Commuter Bide Path until next week.
Upon motion duly made' and seconded, it was voted to approve the re- Auctioneer
ne al of the Auctioneer License for Allen C. Lannom Lic.
Upon motion duly made and seconded, it was voted to issue a One Day One Day
Liquor License to the Maria Ha:st ings P . T . o . for April 30, 1982 at John F. Liq . Lic.
Kennedy Mall. Mr. Politi abstained from voting.
Upon motion duly made and seconded it was voted to issue a one Day
Auctioneer LIcens e to Elaine Wiesen, 5 Powers Court, for April 30, 1982
at John F. Kennedy Hall - benefit auction for Maria Hastings P.T.O.
Upon motion duly made and seconded, it was voted to approve the
Minutes of March 8, as corrected.
Upon motion duly made and seconded, it was voted, Mr. Politi
abstaining, to ratify the poll vote of March 24 for issuance of a. One
Day Liquor License for Le -Hi -Bard Fund Committee for March 27.
One Day
Auctioneer
Lic.
Minutes
One Day
Liq. Lic.
rf
_ 4 -
R ec. Coin. Upon motion duly made and seconded, it was voted to approve the request
Parade of the Lexington Recreation Committee to conduct their annual "Opening Day"
parade on Saturday, April 24 . Final plans to be coordinated with the Pollee
Chief and the Manager.
Bedford St. The Manager informed the Board that a request had been received from
Hartwell Ave. the Executive office of Transportation that the Chairman of the Board be
I arrett R d, authorized t formally request monies available to Lexington from Chapter 732
Chap. 90 of the Acts of 1981 and Chapter 570 of the Acts of 1980 be approved .for' ex-
penditure for Engineering services and construction design plans and speci-
fications on Route 2A I arrett Road) an Route 4 and 225 (Bedford Street)
Upon motion duly grade and seconded, it was voted to authorize the Chair-
man to formally request Assistant Secretary, Patrick J. Moynihan, of the Ex-
e cutive office of Transportation to formally request that monies available to
Lexington from Chapter 732 of the Ac of 1981 and Chapter 570 o f the Act
o f 1980 in the amounts of $66,857 and $53,951 respectively be approved for
expenditure by the Town of Lexington. These monies will be used for engin-
eering services in the design of construction plans and specifications for
State Highway, specifically portions of route 2A a.rrett load and Route 4
and 225 (Bedford street).
Budget The Board and the Manager discussed budget items and Articles in the
Items Warrant. Input from .fir.. Barra .- of. the Human services Committee was discussed
Upon motion duly made and seconded, it was voted to amend Article 3
of the Warrant to indicate $3,000 for a traffic study for Lexington Center.
Upon motion duly made and seconded, it was voted.to remove $70,000
from the budget for the all weather track and indicate $70,000 additional.
in Account #5400 - Highway Maintenance.
Upon motion duly rude and seconded, it was voted to provide $15,000
to Article 4 for the library payroll. .
Upon motion made and seconded, it was voted to provide $6 ,000
for Account #5250 - Building Maintenance.
Upon motion duly made and seconded, it was voted to table the dis-
cus of $10,0 funding for Mystic valley until Mr. Crain returned.
Upon motion duly made and seconded, it was voted to accept the Hu-
man Services Committee recommendation for funding for CM ARC C in the amount
o f $5,000.
The Board discussed the Center traffic problems and Mrs. Battin re-
,`.�4 ported than the replies from the surveys are coning in nicely.
Mr. Sacco asked if there would be some mechanism that would allow the
Board to have a timely report relative to the returns from the new parking
meters. Mr. Tonasuck reported that they have pooled the revenues and they
have not been broken clown by sections, but that the bulk of the parsing fine
money comes directly from the immediate Center and that can be segregated.
Mr. Sacco stated that with the amount of concern that was generated
with the implementation of the parking plan, one of the first . items that
merchants, employers and employees who have and are putting money into the
4,
5
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Selectmen's Meeting March 29, 1982
f
INIM
system will want to know how much money it is generating. He requested
that a monthly report be rude to the Board or some other means of keeping
it segregated.and have figures to report. The Manager stated that he had
looked into that today with the Comptroller and it can be done with
the meters, but the parking fines areiput into th g al fund and that
cannot be segregated. i.
The Chairman informed the Board that the School Committee had re- Breakfast
quested the use of the-Selectmen's Meeting loom on April 2 to hold a Meeting
morning reception for one of the candidates for Superintendent of Schools.
The Board agreed to this request and the Breakfast meeting with the Com-
mittee Chairmen will be rescheduled for April 7.
The Board, Manager and Town Counsel discussed the assignment of Warrant
Warrant Articles and presentation to Town Meeting, The discussion did ArticlPs
not require any voting.
There was no Executive Session.
Upon motion duly made and seconded, it was voted to adjourn at
1: oo P.M.
A trine record, Attest
Executive Clerk
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