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HomeMy WebLinkAbout1982-12-BOS-min p,/ if Geo) ,rZ SELECTMEN'S MEETING ra. December 6, 1982 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building on Monday, December 6, 1982 at 7:30 P.M. Chairman Busa, Mrs. Battin, Mr. Crain, Mr, Politi, Mr. Sacco; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Mana- ger; Miss Casey, Executive Clerk were present. The Chairman convened the meeting and called on Mr. Frank Fields, FY 84 Town Engineer, to explain the sequence of the FY 84 street acceptance. Streets Mr. Fields informed the Board that a public informational hearing was held on November 23 which was well attended by the abutters. He stated that those in attendance were receptive to information relative to budget constraints, but did voice their wishes that their streets be considered for acceptance. The problem of the deplorable condition of some of the unaccepted streets was again discussed and it was agreed that permission would be requested from the residents to do some grading. The Manager recommended that Rangeway and Sunny Knoll Avenue be eliminated from the list due to extensive costs involved. Mrs. Ealine Crosby from Rangeway Street and Mr. Alfred Scaramelli of Sunny Knoll Avenue expressed opposition to this recommendation. Mr. Hutchinson explained that the reason the streets were being recommended for deletion was the excessive costs involved and that there was not enough money in the budget for the construction work. He ex- plained that petitions can be submitted again next year. After further discussion it was agreed to eliminate Rangeway and Sunny Knoll Avenue from the list of streets for acceptance. Upon motion duly made and seconded, the Board voted the intent to lay out the following streets for FY 84 acceptance: SUBDIVISION STREETS Malt Lane - 290'+ from Marrett Road to end Ryder Lane -- 400'+ from Worthen Road to end Bicentennial Drive - 1100'+ from Cary Avenue to end Freeman Circle - 4--'+ from Bicentennial Drive to end Woodpark Circle -- 3200'+ from Wood Street to end Scott Road - 895'+ from Concord Avenue to end Trodden Path - 840'+ from Lawn Avenue to end CONSTRUCTION STREETS Meadow Brook Avenue - 283'+ from Blossomcrest Road to Wellington Lane Av enu e Spencer Street -- 2104 from #17 to end - 2 - Wellington Lane - 600'+ from Meadow Brook Avenue to end. Garfield Street -- 300'+ from Hickory Street to Earl Street. Emerald Street - 409'+ from Asbury Street to Bellflower Street. Enablement The Manager informed the Board that Mr. David Enman, Chairman of _ Committee the Enablement Committee was ill and would be unable to keep his 7:45 appointment on the agenda. Mayor Mann The Board discussed the letter from Mayor Mann of Newton requesting Street the Town to join with Newton in requesting Governor elect Dukakis to Lighting appoint conservation minded individuals to the Public Utilities Commis- sion who would work toward a rate structure more in the public's in- terest relative to use of high pressure sodium. Mr. Hutchinson informed the Board that his investigation had not proved that that high pressure sodium vapor did accomplish what Mayor Mann indicated they did. He suggested that the Board support the idea that a wider range of alternatives that lead to energy conservation and a better lighting program be considered but not to endorse sodium vs mercury vapor. Mr. Sacco reminded the Board that Mr. Harry Meehan of the Boston Edison was going to report to the Board regarding this subject as a re- sult of his meeting with the Board on July 26. Mr. Hutchinson reported that Boston Edison did come back with a report and met with the staff relative to the installation this experi- mental light and a different type of fixture, but they have not been available as yet. He is to check up on the matter. Mayor Mann is to be notified that the Board agrees to looking into some alternatives, but would not endorse the concept of going strictly to sodium lighting until more definitive information is available. mond Town Meeting The Chairman informed the Board that he had been informed that the March 28 date for Town Meeting conflicted with Jewish holidays and re- quested that the Board set another date. Mrs. Battin moved to set the date for March 21. Mr. Crain seconded the motion. Upon motion duly made and seconded, it was voted 3-2, Mr. Busa, Mr. Politi and Mr. Sacco voting in the negative, not to set the date for Town Meeting on March 21. Mr. Politi made a motion to set the date for Town Meeting for the first Monday in April. Mr. Sacco seconded the motion. Upon motion duly made and seconded, it was voted 3-2, Mrs. Battin and Mr. Crain voting in the negative, to set the date of April 4, 1983 for the first deliberative session of Town Meeting. Common Vic. Upon motion duly made and seconded, it was voted to approve the re- License newal of the following common victualler licenses as approved by the Renewals Health Director: Alexander's Pizza Brigham's Chadwick's Cory's of Lexington Denny's Restaurant Lexington Golf Club Pine Meadows Country Club Sheraton Lexington Motor Inn LeBellecour , Kentucky Fried Chicken Yangtze River Restaurant ►rrr� 1 _ 3 - Selectmen's Meeting December 6, 1982 rift Upon motion duly made and seconded, it was voted to approve the Sheraton renewal of the Entertainment License for the Sheraton-Lexington Motor Entertainment Inn. License Upon motion duly made and seconded, it was voted to approve the Sheraton renewal of the Innkeeper's License for the Sheraton-Lexington Motor Innkeeper Inn. License Upon motion duly made and seconded, it was voted to approve the One Day issurance of a One Day Liquor License to St. Brigid's Parish for Liq. Lic. December 31, 1982 from 7:00 P.M. to 1:00 A.M. January 1, 1983. The Chairman read a request from the Chairman of the Conserva- tion Commission requesting the services of Town Counsel relative to filing a complaint in Middlesex Superior Court against Mr. George Pierce. Upon motion duly made and seconded, it was voted to grant the Conserv. Com. request of the Conservation Commission for the use of the services of Use of Town Counsel in connection with the filing of a complaint in Middle - Town Counsel sex Superior Court against Mr. George Pierce of 63 Valleyfield Street. Services Upon motion duly made and seconded, it was voted to accept the Traffic Saf. recommendations of the Traffic Safety Committee to approve the request Barrett Rd. of Ms. Jeanne Abrons for a "Deaf Child" sign to be installed on Barrett Road. The Traffic Safety Committee is to be so notified. The Board met with Dr. Bernard Yudiwitz to discuss the renewal of Wild Acre the Lodging House License of the Wild Acre Inn. Inn The question as to the appropriateness of the premises being Renewal classified as a lodging house vx a half-way house was discussed. Dr. Yudiwitz stated that the premises have been licensed as a lodging house for the past ten years. He stated that there are people who come from mental hospitals, but is not run as a psychiatric half-way house. He said that anyone could apply for lodging facilities. He informed the Board that there are programs offered for both day and evening activ- ities which are run by people who have rehabilitation backgrounds. The basic fee would be $685.00 per month providing 7 days per week of room, board and support activities. Dr. Yudiwitz stated that he does not have a State contract and does not receive any State funding. After further discussing, it was decided to refer the matter to Town Counsel and the Human Services Committee for reports relative to the correct type of license to be issued for the renewal. Upon motion duly made ans seconded, it was voted to refer the question of the correct classification of the Wild Acre Inn to Town Counsel and the Human Services Committee for a report on December 20. If at that time the report is incomplete, a three-month temporary license will be issued using the lodging house classification. The Chairman thanked Dr. Yudiwitz for appearing before the Board and he retired from the meeting. - 4 - NESWC Mr. Jonathan Wooten, Chairman of the NESWC Executive Committee, met .-. Contract with the Board to discuss an amendment to the proposed NESWC agreement incorporating a $3.00 excalation in the tipping fee. Loot He explained that there is a lack of clarity in the IRS code about what kinds of assets qualify for tax exempt financing of the project. He stated that upon review at senior levels at IRS a very negative response had been received regarding what aspects of the project financing would qualify for bond tax exemptions. This ruling resulted in a revision of the contract reflecting a $3.00 increase in the tipping fee. The Manager requested authorization of the Board for the execution of an amendment to the proposed NESWC agreement incorporating this change. Upon motion duly made and seconded, it was voted to authorize the Manager to execute the amendment to the propsoed NESWC agreement incorpor- ating a $3.00 excalation in the tipping fee. The Chairman thanked Mr. Wooten for his presentation and explanation of the necessitated change in the NESWC contract and he retired from the meeting. Trans. Comm. The Transportation Committee met with the Board to discuss a request Gray Line from Steve Caplan of the Gray Line for a cut in service of the commuter Schedule bus. Mrs. Castleman explained to the Board that ridership figures had been submitted by Mr. Caplan to justify the service cuts. After discussion, the Board agreed to approve the request. Upon motion duly made and seconded, it was voted to approve the re- quest of Mr. Steve Caplan of the Gray Line to combine the first two morn- ing trips and last two morning trips resulting in one less trip than is required by the contract. Approval was also granted to combine the first two evening trips with an adjusted timetable to address scheduling problems. The Chairman thanked the Committee and they retired from the meeting. Snow Removal The Board briefly discussed the Snow Removal Policy and it was de- Policy cided that prior to adoption of the policy the Manager would request re- ports from the Chamber of Commerce and the Center Revitalization Committee relative to experience from previous winters. The subject will be dis- cussed again at the December 20 meeting. Traffic Sign Upon motion duly made and seconded, it was voted to accept the rec- Barrett Rd. ommendations of the Traffic Safety Committee that the request of Ms. Jeanne Abrons for a "Deaf Child" sign on Barrett Road be granted. It was also voted to approve the recommendation of the Committee that a "Not a Through Way" sign be in installed on Barrett Road at Worthen Road East. Town Mgr. The Chairman informed the Board that the Town Manager's term of of- Appt. fice will expire on January 1, 1983 and requested the wishes of the Board relative to reappointment. Mr. Crain stated that as chairman of the committee that made the recommendations to the Board at the time Mr. Hutchinson was first appointed, he has observed that, through his efforts and expertise, the Town has con- sistently maintained a high level of services without sacrificing quality - 5 - ( 9 Selectmen's Meeting December 6, 1982 within a tight budget and a relatively low increase in the tax rate. The Board agree, unanimously, with Mr. Crain. Upon motion duly made and seconded, it was voted to reappoint Robert M. Hutchinson, Jr. as Town Manager for the Town of Lexington for a three-year term commencing January 1, 1983 and expiring December 31, 1985. The Manager thanked the Board for its confidence in him and stated he was proud to serve the Town of Lexington. The Manager informed the Board that he had received a request from Gray Lines the Gray Lines requesting the Town to enter into an agreement with the MBTA MBTA which would enable Gray Lines to rent space for their vehicles at Town of Arlington Heights. He stated that the carrier shows appropriate insur- Lex. ance and Town Counsel has reviewed the agreement. Upon motion duly made and seconded, it was voted to authorize the Town Manager to execute an agreement between the Town and the MBTA to authorize Gray Lines rental space at Arlington Heights for their vehicles. The Manager informed the Board that he had reviewed the MDC Muni- MDC ciple Discharge Permit and requested authorization to respond indicating Sewer Use the Town is reviewing formulas relative to a new sewer use charge. Charge Upon motion duly made and seconded, it was voted to authorize the Manager to respond to the MDC relative to the Municipal Discharge Permit rm. and sewer use charge. Upon motion duly made and seconded, it was voted to accept the Traffic recommendations of the DPW to request the Mass. DPW to post signs pro- Signs hibiting left turns to and from Boston Properties and Denny's Catchpenny Bedford Si located on Bedford Street and also at #450 Bedford Street. Upon motion duly made and seconded, it was voted to adopt a reso- State Grnl lution submitted by the Town Engineer which would enable the Town to Leak Det. apply for State grant funds for leak detection under Chapter 805 of the Acts of 1979. Upon motion duly made and seconded, it was voted to sign amendment Traffic to the Traffic Rules and Orders as follows: Rules & By adding to Article 5, Section 12 the following: Orders SCHEDULE 4 A NUMERICAL DESIGNATION OF PARKING LOTS Lot #1 Waltham Street Lot #2 Meriam Street Lot #3 Edison Way Lot #4 Church of Our Redeemer Lot #5 School Administration Lot #6 Muzzey School Lot #7 Arts & Crafts r.. Lot #8 Belfry Club - 6 - I', Street The Manager requested authorization for the Director of Public Works/ Grading Engineering to do some grading of unaccepted streets in order to facilitate snow plowing during the winter. Upon motion duly made and seconded, it was voted to authorize the Dir- ector of Public Works/Engineering to maintenance grading on Garfield Street, Sunny Knoll Avenue and Valley Road and to notify the residents of these 140 streets of their responsibility to maintain these streets. Chap. 90 Upon motion duly made and seconded, it was voted to sign Form #31200 Resurfac- and #30714 in the amounts of $3,143 and $68,252.50 in order to apply for ing Chapter 90 Resurfacing reimbursement. RePlace The Manager informed the Board that he had been advised there was a Grant possibility of obtaining grant monies under the Donated Funds Program which would support human service programs and requested authorization to apply for these funds listing RePlace as the recipient. Upon motion duly made and seconded, it was voted to authorize the Manager to apply for grant monies under the Public Private Partnership Program with the Department of Social Services requesting RePlace to be the Recipient. Police The Board discussed the request of Chief Furdon for permission to Budget purchase a video tape portable system, Breathalyzer "2000" and physical Use training equipment from the '82-'83 budget as the older unmarked detective vehicle is in good condition for another year's use and the money will not be needed for that purpose. There was considerable discussion relative to the physical training program equipment and the Chairman questioned the Manager as to whether or not he had considered whether the fire stations would be included in an overall physical fitness program. Mr. Crain stated that he felt that the question should be considered as a total system for the program. The Manager stated that he had not considered the question and would report back to the Board. The Board decided to withhold approval of the expenditure for the Breathalyzer "2000" until a decision is forthcoming from the Supreme Court relative to a case in which the accuracy of the breathalyzer test was contested. Upon motion duly made and seconded, it was voted to approve the re- quest of the Police Chief to purchase a video tape portable system; to withhold the approval of the expenditure for the breathalyzer "2000" until a decision forthcoming from the Supreme Court relative to the test case on the accuracy of the breathalyzer test; and to withhold approval of the physical training equipment pending a report from the Manager rela- tive to a total Town physical fitness program. 4artin Luther Upon motion duly made and seconded, it was voted to close the Town Ung Day Office buildings on Martin Luther King Day, Friday, January 14. Crees - East The Manager reported that a tree hearing had been held on November 22 street relative to the removal of two trees on East Street. Mr. & Mrs. John Stennes of 253 East Street were present and were strongly in favor of their 11,00 _ 7 ' Selectmen's Meeting December 6, 1982 eft removal. Ms. Bernice Baldwin, owner of the property at 251 East St. who is handicapped, also was in favor of removal as they are in front of her property and block her view when she pulls out of her driveway. The Director of Public Works and the Tree Warden recommended that the trees not be removed. Upon motion duly made and seconded, it was voted to approve the recommendations of the Director of Public Works and the Tree Warden not to remove the two trees ( one 30" White Oak and one 24" Red Oak) in front of the house at 251 East Street. The Manager reported that John McWeeney had submitted his resig- Resignation nation from the Board of Assessors. Bd. Assessors Mr. Politi reported to the Board relative to the Committee that Lex. Housing he and the Manager have been serving on regarding implementation of the will of Town Meeting with respect to the purchase of low and moderate income units at Morrow Crossing and Potter Pond. He and the Manager have had formal discussions and correspondence with the State EOCD, Mr. Moore, developer of Morrow Crossing, Mr. Boyd and Mr. Smith, developers of Potter Pond, Town Counsel, Housing Author- ity staff and the Lexington School administration regarding the problem resulting from lack of Federal and State funding for the Housing Author- ity. There also was correspondence from Mr. Pressman regarding the availability of vacant school sites for potential use for housing pur- poses. Since the initial inquiry by the Housing Authority, the State has changed its policy with respect to funding of condominium units and now has a policy to fund such units. However, the Housing Authority has been notified that funds for this prupose are not available at this time for Lexington. Mr. Moore has suggested an alternative in that he has recently purchased a single family house on Bedford Street as part of his acquisi- tion of the Rowe property and proposed to renovate it into a two family swelling that will provide equal floor space as the units at Morrow Crossing. This could be a financial loss to him but would provide the Town with two units centrally located. This will also enable the Town to seek funding from HUD because these units would not be condominiums. If this suggestion is pursued it would require a new vote of Town Meet- ing. Mr. Smith and Mr. Boyd have expressed a willingness to discuss alternative proposals such as Mr. Moore's after the completion of their development at Potter Pond. Mr. Politi stated that they had received a letter from the School Administration indicating that the vacant school sites had been evaluated and they see no future use for the properties and expressed a willingness to turn them over to the Town. Mr. Busa informed the Board that he had received a letter today from the School Committee stating that they had voted to adopt the recom- - 8 - mendation of the School Administration to turn over the properties to the Town. A vote of Town Meeting will be necessary to formally trans- fer these pieces of property and Mr. Politi felt that it might be necessary to set up a formal committee early in 1983 to look at the sites and make appropriate recommendations. Muzzey Mr. Busa reported to the Board regarding the Muzzey School. He School stated that the Committee had recieved 12 applications from the original proposal. These were narrowed down to 8 and the contractors had been in- terviewed this past week. At a Conversion Committee meeting this evening at 5:30 P.M. , the proposals were reviewed again with Mr. Nolan presenting valuable financial information relative to financing. The Committee de- cided on the 3 who will be invited to submit a second, more indepth, pro- posal. These proposals will be due December 28 and will be reviewed by the Committee on January 4. He stated that the Committee is looking toward a Special Town Meeting as soon as possible after the presentation to the Board of Selectmen to facilitate an early disposal of the property. There was no Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:55 P.M. A true record, Attest: ii,7e,421,1LAL127. &cc,' xecutive Clerk mod void V --1-1 ,,,W, cl-- -\1' 111 . o ‘ SELECTMEN'S MEETING pm* f\7 f /_ 03 0 „Ff December 13, 1982 il fl' A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 13, 1982 at 7:30 P.M. Chairman Busa, Mrs. Battin, Mr. Crain, Mr. Politi, Mr. Sacco; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager; Miss Casey, Executive Clerk were present. The Chairman opened the hearing on the application of the Mobil Oil Hearing: Corporation to remove existing 5,000, 6,000 and 8,000 gallon underground Gasoline gasoline storage tanks and replace with one 12,000 and 10,000 gallon un- Mobil Oil derground gasoline storage tanks. One existing 6,000 gallon underground Bedford St tank will remain for a total storage capacity of 28,000 gallons. Mr. Dominic Taverna, representing Mobil Oil Corporation explained that the company wished to remove the old tanks and replace with new fiberglass tanks and also increase storage capacity. Mr. Gary C. Johnson, 268 Bedford Street, one of the abutters, re- quested that some type of landscaping be done around the service station. Mr. Taverna agreed to this request and will work out the details pm with the Director of Public Works/Engineering. No one spoke in opposition to the application and the Chairman de- clared the hearing closed. Upon motion duly made and seconded, it was voted to approve the application of the Mobil Oil Corporation to remove existing 5,000, 6,000, and 8,000 gallon underground gasoline storage tanks and replace with one 12,000 and one 10,000 gallon fiberglass underground gasoline storage tanks. One existing 6,000 gallon underground tank will remain for a total storage capacity of 28,000 gallons. The Chairman read a petition from the N.E.T. & T. and Boston Edi- Pole Loc. son Company for a joint pole relocation on Blossomcrest Road. Blossom- Mr. William Lemos, representing the Boston Edison Company, ex- crest Rd. plained that the work was necessary for the laying out of Crest Circle. Mr. Busa read a memo from the Director of Public Works/Engineering recommending approval and stating that a hearing was not necessary. Upon motion duly made and seconded, it was voted to approve the petition plans and orders of N. E. Tel. & Tel. Company and Boston Edison Company for a joint pole relocation as follows: Blossomcrest Road - on the northerly side approximately 4' easterly of Crest Circle one (1) pole. One (1) joint owned pole to be removed. Upon motion duly made and seconded, it was voted to refer the Traffic petition of residents of Adams Street and Hancock Street for the in- Safety ram stallation of two "No Heavy Truck" signs to the Traffic Safety Committee for its recommendations. ....... - 2 - d Liq. Lic. Upon motion duly made and seconded, Mr. Politi, abstaining, it was Ext. Hrs. voted to approve the request of the Sheraton-Lexington Inn for an ex- Sheraton tension of hours to 1:00 A.M. under its All Alcoholic Beverages License on New Year's Eve. ammi Comm. Vic. Upon motion duly made and seconded, it was voted to approve the Lic. Rens. renewal of the following Common Victualler Licenses: Mark Levine d/b/as Baskin Robbins Old Lexington Inc. d/b/as Store #1723 Mario's Daman Enterprises d/b/as BelCanto McDonald's Corporation Bora-Bora, Inc. Lexington House of Pizza Dunkin Donuts Friendly Ice Cream Corp. Howard Johnson's Gracie's Restaurant Pole Loc. The Chairman opened the hearing on the petition of the N. E. Tel. & Joint Tel. and Boston Edison Company for a joint pole relocation on Rockville Rockville Ave.Avenue. He explained that, through error in our Public Works Department, a hearing was not required but as it had been advertised, it would be held as advertised. Mr. William Lemos was present representing the Boston Edison Company. No one spoke in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, Mr. Crain abstaining, it was voted to approve the petition, plans and orders of the N. E. Tel. & Tel. and Boston Edison Company for a joint pole relocation as follows: Rockville Ave. - on the southerly side approximately 90' easterly of Philip Road one (1) pole on the southerly side at the intersection of Philip Road one (1) pole. am) School Sites The Chairman referred the Board to its copies of the letter from Dr. James C. Beck, Chairman of the Lexington School Committee, stating that the School Committee had voted unanimously to return to the Town the following sites reserved for the construction of additional school build- ings, if needed: Tarbell, Southerland Site, Woburn Street Site, Laconia, Webb Site, Meagherville Site, Highland, Marrett (Cotton land) Site. Town Counsel is to check to see if an article will be needed for the 1983 Town Meeting acceptance of these parcels of land. Gift Acct. The Chairman referred the Board to the copy of Mrs. Phear's memo Knights of of December relative to a gift of $100 from the Knights of Columbus to Columbus be distributed to needy people in town for Christmas. Mr. Busa stated that he had no problem accepting the gift in this instance, but felt that in the future organizations should not request the Town to distribute its donations to the needy. He felt that it was an added duty on the part of the Town employees and that it placed the Town in the role of a dis- tribution center. The Board agreed. Upon motion duly made and seconded, it was voted to approve to accept the gift of $100 from the Knights of Columbus to be distributed to needy veterans as outlined in Mrs. Phear's memo of December 8. - 3 - •!-) Selectmen's Meeting December 13, 1982 ebs Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's meeting of November 22 as amended. Upon motion duly made and seconded, it was voted to approve the Com. Carrier issuance of a Common Carrier License to the Hudson Bus Lines, Inc. , License 530 Broad Street, Weymouth, to operate motor vehicles for the carriage Hudson Bus of passengers for hire over the following route in the Town of Lexington: On Massachusetts Route 128 between the Lexington-Waltham town line and Marrett Road; On Massachusetts Route 128, the access and egress road to Marrett Road (Mass. Route 2A) and vice versa; On Marrett Road (Mass. Route 2A) between Massachusetts Avenue and Mass. Route 128. The Board met with the Accessory Apartment Committee to discuss Accessory its draft report of November 26. Apt. Com. Mr. Steven Clark, Chairman addressed the Board and explained that the Committee had cross-tabulation information on 8500, more or less, single family, 2 family and 2 kitchen houses in RO and RS dis- tricts which were influential in determining proposed minimum house and emm lot sizes. The Committee determined that the concept of accessory apartments was a partial answer to innefficient use of space in large, older houses as there is a pressing need for small rental units in town. The concept also would economically benefit elderly home owners to remain in and maintain their homes and would help younger couples to be able to afford to purchase them. He pointed out that without some such aid, many of the older homes in Town may fall into disrepair or be converted to institutional use. The Committee agreed upon a very tight By-Law which would limit and control the number and size of apartments and their impace on the neighborhood through clear regulations, and allow an apartment "by right" to anyone who complies. The Building Commissioner, who enfor- ces the Zoning By-Law would receive applications and issue permits thus avoiding the Special Permit process and relieving the Board of Appeals of making decisions as to whether each proposed apartment, complying in all respects with a very restrictive by-law, will or will not be detri- mental to its particular neighborhood. The report indicated that some existing apartments pre-date the Zoning By-law and are, therefore, legal, though non-conforming. Some owners have obtained Special Permits for converstion to a 2 family dwel- ling, but the rest are illegal. A three-part solution to the problem was proposed that would require that pre-1924 meet only basic safety Pand health, owner occupancy and on-site parking standards. Pre-1961 apart- ments would have to meet similar, though slightly more rigid basic am standards; but unless they also meet with neighborhood approval, they - 4 - would have to apply for a Special Permit to Maintain an Existing Apartment from the Board of Appeals. Post-1961 apartments would have to comply with all the regulations for new apartments. Mr. Clark explained what the Committee had tried to do was define and elaborate objective criteria for what are acceptable apartments and briefly went over the items of the proposed regulations (copy attached) . After a brief discussion, the Board decided that it would appreciate input from the general public, Planning Board and Building Commissioner and. Town Counsel before a decision would be made relative to acceptance of the report and support of a Town Meeting Article if it is ready in time for Town Meeting. The Chairman and the Board congratulated the Committee for the presentation of such a comprehensive report and thanked them for the time expended in its prepration and they retired from the meeting. Drain Easement Upon motion duly made and seconded, it was voted the intent to take Kendall Rd. a drain easement on Kendall Road under Article 17 of the 1980 Annual Town Meeting. All Weather The Manager informed the Board that there has been difficulty in Track the completion of the track due to peat problems in the excavation. He stated that Mr. Tonaszuck has presented proposals that would make it possible to complete the job within the appropriation authorized. Mr. Tonaszuck stated that by using Public Works equipment and man- power the necessary excavation and filling of the foundation area can be done during the winter months, weather permitting, by August 30, 1983 and by using partial contract services, the job can be completed within the $70,000 appropriation. He stated that this would mean that some spring 'mod projects such as snow damage repairs, trench patching, sweeping and litter control would not receive the usual attention. No track would be avail- able for use until August, 1983. He stated with the Town DPW acting as the general contractor, it may be possible to contract construction at a price of from $88,000 to $100,000. The third alternative was to construct the track at another site without foundation problems and maintain the existing track for practice. this would allow complete construction by contract. After discussion, it was agreed by the Board, to authorize Mr. Tona- zuck to proceed with his using Public Works equipment and manpower to do the excavation and filling of the foundation area as suggested during the winter months and to report back to the Board. Special Town Miss Adler reported to the Board that there were three finalists Meeting on the Muzzey School proposals who will be bringing in second proposals on December 28. She reported that, after investigating the possibilities, the earliest date for the Special Town Meeting would be February 14. There was some discussion relative to Mrs. Battin's suggestion that the warrant for the Special Town Meeting be included in the warrant for the Annual Town Meeting in order to save postage. owl 5 ala Selectmen's Meeting December 13, 1982 Mr. Busa stated that the Muzzey Conversion Committee was anxious to have the matter dealt with as soon as possible and, if possible, would look to a Special Town Meeting in January. The question of cost of a Special Town Meeting arose and Miss Adler is to report back to the Board with specific figures,Xelative to printing and postage. Mr. Cohen suggested that the warrant for the Special Town Meeting be closed the same day as the warrant for the Annual Town Meeting on Decem- ber 29. The Board agreed. Upon motion duly made and seconded, it was voted to close the warrant for the Special Town Meeting on December 29, 1982 at 4:30 P.M. There was no Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 9:10 P.M. A true record, Attest; Miff 9/ Owl}r1" Executive Clerk c ACCESSORY APARTMENT BY-LAW REGULATIONS AND PROCEDURES pima DEFINITION: Accessory apartment A separate and com- plete living unit within a single family residence, and subor- dinate to the main living unit. NEW ACCESSORY APARTMENTS - REGULATIONS: 1. All must comply with state code requirements for safety and health to the satisfaction of the Building Commissioner. 2. Either the main unit or the accessory apartment must be occupied by the owner, who shall be a person or persons having legal title to the princi- pal structure, with allowance made for temporary absence of up to 11 years for business, sabbatical, health or vacation purposes. The house must remain the owner's legal residence for voting and tax purposes. The owner must be in residence for 2 years after obtaining a permit before taking the first permitted leave of absence, and for 2 years between subsequent absences. 3. Paved or gravel on-site parking area shall be provided sufficient for all cars belonging to residents of the 2 units. A minimum of 2 spaces for the main unit and I space for the accessory apartment shall be provided. If more than 2 cars are to be ungaraged, parking areas must be suitably screened from abuttors with evergreen plantings, walls, fences or a combination there- of, as determined necessary by the Building Commissioner, to minimize the visual impact on the abuttors and to maintain the single family appearance of the neighborhood. 4. Two of the required parking spaces may be within the required front set-back, provided there exists a paved or gravel driveway in that area at the time of passage of this by-law. Otherwise, all required parking must be in the side and rear yards. Some screening from the street must be provided if cars are to be parked within the required front setback. 5. No enlargements or extensions of the building or structure will be allowed except those necessary to comply with state building, safety and health codes . Such necessary enlargements, and other allowable exterior alterations, such as relocation of windows and doors, must not change the single family character of the dwelling. 6. There shall be only one front entrance visible from the street. 7. All stairways to second and third floor apartments shall be enclosed within the exterior walls of the house. 8. Only one accessory apartment will be allowed per house. 9. Accessory apartments will be allowed only in houses with 2,000 sq. f t. or more of living area, as shown in Assessor's files or on record in the Build- ing Department, on lots 10,000 sq. ft. or more. 10. An accessory apartment may not exceed 30% of the gross floor area of the house or 800 s q. ft. , whichever is larger. t,� - . 11. No accessory apartment may contain more than 2 rooms used as 'b edrooms. 12. No addition or renovation which increased the habitable living area by more than 10% shall have been made to the dwelling within 5 years of the owl date of application for an accessory apartment permit. 13. No house built after January 1, 1983 may have an accessory apartment. 14. All houses with accessory apartments must be on the public water and sewer systems. 15. No boarders or lodgers may be accommodated within either unit of a house with an accessory apartment. 16. Nothing in this by-law shall prohibit the use of habitable third floors existing at the time of passage of this section for accessory apartments. mod SELECTMEN'S MEETING 6— December 20, 1982 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 20, 1982 at 7:30 P.M. Chairman Busa, Mrs. Battin, Mr. Crain, Mr. Politi, Mr. Sacco; Mr. Hutchinson, Town Manager, Miss Adler, Assistant to the Town Manager; Mr. Cohen, Town Counsel and Miss Casey, Executive Clerk were present. Mr. Zehner, Town Treasurer, met with the Board to request approval Treasurer of a $100,000 sewer construction loan as authorized under Article 19 of the 1978 Annual Town Meeting. He explained that the note will be dated December 23, 1982 and will be due June 16, 1983 to be refinanced by bond issue now planned for June 15, 1983; $57,000 to be withdrawn on date of issue and the balance on December 30, 1982. He recommended ap- proval of the 4.07% loan offered by Old Colony of Burlington. Upon motion duly made and seconded, it was voted to approve the request of the Town Treasurer for a $100,000 sewer construction loan authorized under Article 19 of the 1978 Annual Town Meeting from the Old Colony Bank of Burlington at 4.07%; note to be dated December 23, 1982 and become due June 16, 1983. The Chairman thanked Mr. Zehner for his continued careful manage- • ment of Town funds and he retired from the meeting. Upon motion duly made and seconded, it was voted to renew the Common Vic. following Common Victualler Licenses: Renewals Country Side Deli Hours: 6:00 a.m. to 6:00 p.m. 7 days Bellino's Bakers 6:00 a.m. to 6:00 p.m. Monday through Saturday 6:00 a.m. to 2:00 p.m. Sundays Friendly Ice Cream Corp 7:00 a.m. to 11:00 p.m. 60 Bedford Street Sunday -- Thursday 7:00 a.m. to 12:00 Midnight Friday and Saturday Pewter Pot 7:00 a.m. to 12:00 Mid. 7 days Peking Gardens 11:00 a.m. - 11:00 p.m. Monday - Saturday 1:00 p.m. - 11:00 p.m. Sunday Middlesex Racquet & Swim Clb. 6:00 a.m. - 11:00 p.m. 7 days The Kitchen 10:00 a.m. - 10:00 p.m. Monday - Thursday 10:00 a.m. - 11:00 p.m. Friday and Saturday Closed on Sunday Versailles Restaurant 11:00 a.m. - 12:00 midnight 7 days { - 2 - Common Carrier Upon motion duly made and seconded, it was voted to renew the follow- Renewals ing Common Carrier Licenses: James H. McCarty Limousine Service Dee Bus Service "w' 694 Mechanics St. 54 Orchard Street Leominster, Mass. W. Concord, Mass. Boston Tours Hudson Bus Lines 89 Arcadia Street 20 Union Street Waltham, Mass. Medford, Mass. Class I Upon Motion duly made and seconded, it was voted to renew the follow- Renewals ing Class I Licenses: Auto Engineering, Inc. Lexington Toyota Motor Sales, U.S.A 436 Marrett Rd. 409 Massachusetts Avenue Lexington, Mass. Lexington, Mass. Class III Upon motion duly made and seconded, it was voted to renew the Class III Renewal license for John P. Carroll, 31 Allen Street, Lexington, Mass. Innkeeper Lic. Upon motion duly made and seconded, it was voted to renew the follow- Renewals ing Innkeeper Licenses: Battle Green Motor Inn Catch Penny Chalet 1720 Mass. Avenue 440 Bedford Street Lexington, Mass. Lexington, Mass. Wild Acre Inn The Manager reported that the Human Services Committee had not as Lodging House yet been able to complete its report on the Wild Acre Inn. The Board mod Renewal agreed to renew the Lodging House license for a period of 90 days pend- ing a review of the Human Services Committee report prior to an extension of the 90 day period. Upon motion duly made and seconded, it was voted to renew the Lodg- ing House License for the Wild Acre Inn for a period of 90 days. State Grant The Board discussed the request from the Dir. of Public Works/Eng. System Rehab. to have the Board adopt a resolution enabling the town to apply for a State Grant for system rehabilitation through Chapter 805 of the Acts of 1979, as amended. Mr. Busa questioned the twenty-three conditions in the resolution and the Manager agreed to have answers for the Board at the next meeting. Upon motion duly made and seconded, it was voted to table the re- quest of the Director of Public Works/Engineering relative to the adop- tion of the resolution enabling the Town to apply for a State Grant for system rehabilitation through Chapter 805 of the Acts of 1979, as amended pending a report from the Manager in response to questions of the Chairman. Traffic Signals The Board discussed the recommendation of the Director of Public Munroe School Works/Engineering for the discontinuation of the traffic light at Munroe School. The Manager suggested that action on this be publicized so that ) 1 - 3 - Selectmen's Meeting December 20, 1982 } - comments could be received from anyone in disagreement. The Board agreed and the item will be discussed again after the first of the year. The Manager requested authorization from the Board to request the Traffic State to improve the traffic signal lighting at Bedford Street and Si- Signal monds Road. Bedford St./ Upon motion duly made and seconded, it was voted to authorize the Simonds Rd. Town Manager to request the State DPW to update both the signal equip- ment and its placement, including the addition of a mast arm, at Bedford Street and Simonds Road. The Manager referred the Board to its copies of Susan Adler's Sherburne memo of December 8 relative to the request of the residents of 52 Road through 67 Sherburne Road that this portion of the street be renamed 1983 T.M. Sherburne Road South which requires action of Town Meeting. Article The Board agreed to place an article in the Warrant for the 1983 Annual Town Meeting as a Selectmen's article. The Board discussed the Manager's request for approval of a trans- Transfers fer of $300,080 from Article 5 to Article 4. Article 5 He explained that the request for $3,000 for Temporary Help & Overtime was due primarily to engineering overtime costs in connection r"'a with the construction of Kendall Rd. , Rockville Avenue etc. No money was budgeted in Engineering for overtime. The request of $4,815 for the Town Clerk account was due to the recount for the election. He explained that the interns including the Health intern and the Building assistant are funded from this account. There are part-time in the Clerical Pool and this reflects the general increase that had been granted.. The other accounts reflect the wage increases that were granted either by contract or approved in the wage and salary plan. Mr. Crain questioned if the temporary building assistant was classified as a "full-time temporary" employee. Mr. Hutchinson explained that due to the amount of inspections to be made, he is almost full time. Mr. Crain requested that the Manager give the position very serious consideration as to whether or not the position is really required. Upon motion duly made and seconded, it was voted to approve the re- quest of the Town Manager to transfer $300,080 from Article 5 to Article 4. The Board discussed the recommendation of the Town Manager that the Dog Board approve a proposed dog spaying program in connection with dogs Spaying that are adopted from the Animal Shelter. The program would offer a Program spaying certificate to people who adopt unspayed female dogs from the Shelter offering a 15% discount, upon verification by either Dr. Chabot or Dr. Smith, to have the dog spayed. Upon motion duly made and seconded, it was voted to approve the pim" dog spaying program in connection with dogs that are adopted from the Animal Shelter offering a 15% discount for spaying certified by Dr. y-- Chabot or Dr. Smith. - 4 Signs -- The Board discussed the request of the Health Director to post signs Seat Belts "Fasten Children's Seat Belts" in municipal parking lots, town pools and beach and at public schools. It was the Manager's opinion that there are too many signs being timuld posted throughout the Town and that a publicity program would be more effective. The Board agreed with the Manager. Mrs. Battin stated that she felt that signs should be posted at the beach at the Res and at the Center Pool. Revenue Officer The Manager requested authorization to start recruiting for the new position of Revenue Officer as outlined in the Personnel Advisory Board minutes of the meeting of December 15, 1982. This new position is a com- bination of the Treasurer/Tax Collector positions due to the retirement of Mrs. Barclay, Tax Collector. The Manager emphasized that Mr. Zehner is to remain with the Town for as long as he desires. Mr. Hutchinson stated that he would like to have Mr. Zehner's skills available to train the new person. The question of salary was discussed and Mr. Hutchinson stated that he would try to recruit at the lower end of the range, but if he was not successful, he would come back to the Board for authorization to go higher. He stated that he would try at the lower end of the M-7 range. The Board agreed. Upon motion duly made and seconded, it was voted to approve the combination of the Treasurer/Tax Collector positions and and create a new position of Revenue Officer. Authorization is given to the Manager to start recruiting for this position at a salary level at the lower end of the M-7 classification, and if necessary to go higher, he will come back to the Board for further authorization. Special Town The Board discussed the date for holding the Special Town Meeting Meeting relative to the decision on Muzzey School. Upon motion duly made and seconded, it was voted to call a Special Town Meeting on February 14, 1983 at 8:00 P.M. in Cary Memorial Hall. There was no Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 8:55 P.M. A true record, Attest: (• Executive Clerk Amid dg 4— ,r•r, IN 7/ SELECTMEN'S MEETING b- December 27, 1982 T)T A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, December 27, 1982 at 7:30 P.M. Chairman Busa, Mrs. Battin, Mr. Crain, Mr. Politi, Mr. Sacco; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assist- ant to the Town Manager and Miss Casey, Executive Clerk were present. The Chairman read a request from Cory's Restaurant for an extension Ext.hrs. of hours under its Liquor License to 1:00 a.m.. on New Year's Eve. Cory's Upon motion duly made and seconded, Mr. Politi abstaining, it was voted to grant an extension of hours to 1:00 a.m. under its Liquor License to Cory's Restaurant on New Year's Eve. Upon motion duly made and seconded, Mr. Politi abstaining, it was Ext. hrs. voted to grant an extension of hours to 1:00 a.m. under its Liquor License Versailles to the Versailles Restaurant on New Year's Eve. Upon motion duly made and seconded, it was voted to approve renewal Class I of the Class I License for Lawless Mawhinney Motors, Inc. , 581 Marrett Lic. Road, Lexington. Upon motion duly made and seconded, it was voted to renew the Com- Common mon Carrier License for Alexander's Chauffeur Service, 57 Russell Street, Carrier Woburn, Mass. Lic Upon motion duly made and seconded, it was voted to sign the In- Notice of tent to Lay Out the following streets: Intent to Lay Out SUBDIVISION STREETS CONSTRUCTION STREETS Streets Bicentennial Drive Emerald Street Freeman Circle Garfield Street Malt Lane Meadow Brook Avenue Ryder Lane Spencer Street Scott Road Wellington Lane Avenue Trodden Path Woodpark Circle Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen's Meeting of December 6, 1982. Upon motion duly made and seconded, Mr. Politi abstaining, it was Liq. Lic. voted to renew the Liquor License for the Versailles Restaurant. Ren. The Manager presented a summary of the proposed budget for '84. Budget He explained that under Proposition 2 1/2 there would have to be a '84 "' curtailment of some of the programs and services offered by the Town. He stated that many difficult decisions will have to be made during t - 2 - k ti 2 the next one to five years. He briefly explained options, including the legislation relating to an override, that the Board may want to consider in its deliberations of the new budget. During the discussion it was decided to invite the Chairmen of the various Town Boards, Committees and Commissions to the Selectmen's Meet- ing on January 3 to discuss the '84 budget and its limitations. It was also agreed to invite the Lexington School Committee and the Regional Vocational Technical School District Committee to a special meeting on January 8 at 10:00 a.m. in the Selectmen's Meeting Room to also discuss their roles in the budget process. Stabiliza- The Board briefly discussed the possibility of using a stabiliza- tion Fund tion fund to finance the purchase of a new ladder truck for the Fire De- partment. Mr. Perry commented that this procedure has not been utilized since the mid '60's and would require an article in the warrant, should the Selectmen decide to go this route. Mr. Hutchinson will list it as an item for consideration for the warrant for the 1983 Annual Town Meeting. Spec. Tn. The Board discussed the question of whether or not to include the Meet. Warrant construction of Wellington Lane Avenue and Meadow Brook Avenue in the St. Const. Special Town Meeting. The Manager pointed out that because of title problems this was eliminated from the warrant last year and he felt that the problems have been resolved and, as a good faith measure to the resi- dents, it should be included. Mr. Busa felt that it should be inserted in both the Special Town Meeting and regular Town Meeting warrants if needed. Mr. Politi also stated that he felt that this item should be in- cluded in the Special Town Meeting warrant to show the residents that the m od Board had, at least attempted fulfill its moral commitment that had been made last year. Upon motion duly made and seconded, it was voted to insert an article in the warrant for the Special Town Meeting in February and the warrant for the Annual Town Meeting for the construction of Wellington Lane Avenue and Meadow Brook Avenue. Sewer Abatement Upon motion duly made and seconded, it was voted to abate the follow- Kuhn ing sewer betterment assessment: Pleasant St. David J. Kuhn $1328.14 Sewer not available to 48 Pleasant St. 48 Pleasant St. by normal means Warrant Art. The Chairman informed the Board that he had received a request from Trans. Adv. the Transportation Advisory Committee to place an article in the warrant Committee for the Special Town Meeting allowing the Town to enter into a three-year 3-yr conts. contract for transportation services. Upon motion duly made and seconded, it was voted to place an article in the warrant for the Special Town Meeting to authorize the Selectmen to petition the General Court for an act to permit the Town to contract for community transportation services for a period not exceeding three years. art - - �� 3 0.1R Selectmen's Meeting December 27, 198 e.. Mr. Cohen requested approval of the Board relative to conservation Conservation land transfer. Land Upon motion duly made and seconded, it was voted to sign the deed 1981 Ann. for the transfer of seven lots of land to the Conservation Commission Tn. Meet. and to sign the Order of Taking on one lot of land for the Conservation Commission as provided by Article 66 of the 1981 Annual Town Meeting. Upon motion duly made and seconded, it was voted to sign the Reso- State Grant lution to enable the Town to be eligible for grant money in the amount of Water Rehab. $412,500 for the Water Rehabilitation Program. Mr. Politi updated the Board regarding the report of the Committee Low and he and the Manager have been serving on regarding the purchase of low Moderate and moderate income units at Morrow Crossing and Potter Pond. Housing He stated that he and the Manager had met with Mr. Moore and, un- Morrow der his agreement with the Town, Mr. Moore has made two units available Crossing at Morrow Crossing at the agreed upon price. The Housing Authority has been unable to obtain funding and the units have been rented by Mr. Moore. In connection with his acquisition of property on Bedford Street, Mr. Moore has suggested that the one family house be converted to a two family dwelling, thus providing two units with roughly the same square footage as those at Morrow Crossing which he would make available to the Town. This proposal would uould relieve Mr. Moore of his requirement to make two units at Morrow Crossing available to the Town and would give the Town the flexibility to relieve him of this requirement if it so desires. Mr. Hutchinson and Mr. Politi recommended that an article be pre- sented to Town Meeting to allow the Board of Selectmen to pursue this option. Mr. Politi stated that HUD has not changed its position with re- spect to non-funding of condominium units. The State has recently changed its position and is now funding them. However, the price the Town agreed upon to purchase the two units at Morrow Crossing exceeds the limitation of EOCD at the level they are eligible for funding. Con- versations with Mr. Moore indicates that the two units on Bedford Street would be within the EOCD funding requirements. Conversations with the Planning Board indicate this is an option worth investigating. Mr. Politi reported that a meeting with Mr. Smith and Mr. Boyd, developers of Potter Pond, indicated that they are cognizant of the fact that they are required to make ten units available at Potter Pond to the Town. The development is scheduled to be completed in three and the units are to be made available to the Town within one year of the final completion of phase three. The first two phases have been com- pleted and because of funding difficulties, the Housing Authority has - 4 - () \r\ unable to obtain the units offered. The developers realize that they are still responsible for making ten units available in phase three. Options very similar to those discussed with Mr. Moore were discussed with the developers and they thought it worthy of further discussion, but would like to keep options open at this time to see whether or not there is a change in the State funding limitations or refusal of HUD to fund condo- minium developments. Phase three of their development will not begin until March, 1983 and will possibily continue for 12 to 15 months. Mr. Politi and the Manager recommended putting the matter "on hold" to see what develops with the expectation of the possibility of negotiat- ing an agreement different than that presented to Town Meeting that would provide an equivalent number of housing units and present that to Town Meeting for its consideration. Dog Hearing Mr. Cohen reported to the Board that he had received a telephone Aizley/Bottino call from Mr. Aizley's attorney relative to the Bottino dog. According to the attorney, Mrs. Bottino has not complied with the order of the Board to completely soundproof the garage or keep the dog within her house. He suggested to Mr. Cohen that he go to court in behalf of his client as a means of concluding the dispute. The Board indicated that Mr. Should attempt to bring the case to court and that if he were unsuccessful the Board would have to reconsider its decision. There was no Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 8:45 P.M. mid A true record, Attest: 1 II) E cutive Clerk mod