HomeMy WebLinkAbout1983-10-BOS-minSELECTMEN'S MEETING
October 3, 1983
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town Office Building, on Monday, October 3, 1983, at 7:30 p.m.
Chairman Crain, Mrs . ' Battin, Mr. Politi, Mr. Sacco, Mr. McLaughlin;
Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant
to the Town and Mrs. Snow, Principal Clerk, were present.
Upon motion duly made and seconded, it was voted to approve the applica -- Beano, Elks
tion of the Lexington Lodge of Elks, #2204, for renewal of its Beano License
to expire on October. 31, 19844
Upon motion duly made and seconded, it was voted that the letter from Traf f ic-
Bigelow Moore, 50 Hancock 'S tree t, dated 9/22/83, requesting installation of Bigelow
"Sound Horn" signs at the Pewter Pot exit driveway, be referred to the Traf- Moore
f is Safety Advisory for its review and recommdna tions .
Upon motion duly made and seconded, it was voted that the request of Traf f is -
Patricia Cavaretta, 38 Revere Street, dated 9/27/83, for installation of a Patricia
"Blind Driveway to Right" sign near the intersection of Hancock and Revere Cavaretta
Streets, be referred to the Traffic Safety Advisory Committee for its review
and recommendations.
Mr.Hutchinson referred to unresolved questions brought out at the meet- Muzzey
ing of September 26 concerning the dispos tion of Muz zey School. School
1. Designation of units to be purchased by the Town.
After sale of 30% of the units, or commencement of construction, the
Town will have 14 days -to designate the Town units. one 3-- bedroom
unit will be reserved for 'the Town. The number of 2- bedroom units
the Town may designate and and purchase was not finally. agreed upon.
Kirk Noyes ' reques ted a maximum of 30% of the Town units to be 2 b ed-
room ' units . The Town will have 120 days to sign purchase agreements
and make a deposit, like any purchaser.
2. Insurance.
Mr. Hutchinson reported that he had spoken with the developer's in-
surance agent, who indicated that the Town would be named as an
insured as mortgagee, as its interests may appear on the ,developer's
builder's risk insurance policy. Based on Mr. Hutchinson's investi-
gation, he felt that this was. the only practical insurance protection
available to cover the Town's investment in the Senior Cen ter .
3. Definition "family unit".
The definition of "family unit" contained in the previous draft of
the Land . Disposition Agreement was to- be modified to provide for in-
clusion o f . un.related persons.
4. Collateral securing Senior Center.
00` The completion and conveyance to the Town of the Senior Center will
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be secured by a second mortgage from the developer to the Town.
The Town will have no obligation to release the last 10 units in
the condominium from the mortgage until the Senior Center has
been conveyed to the Town.
Mr, Hutchinson updated the Board on the status of the LexHAB legisla-
tion which is in its 3rd reading and should be enacted by the end of the
month, at which time appointments to the LexHAB Committee can be made.
A question was raised as to the
-� q percentage interest in common areas
and . charges to be assigned to the Senior Center. The present form of the
condominium documents base this interest on a value for the Senior Center
of $195,000 rather than the area of the Senior Center unit. If the
percentage were based on the area, th-e Senior Center would have a greater
vote in governing the condominium, but would . also pay a correspondingly
greater share of common charges. This issue was not resolved,
David Rodgers,. Palmer & Dodge, outlined changes made in the draft
"Land Disposition Agreement" as a result of discussion on 9/26, including
the issues numbered 1, 3 and 4 above.
R. Kirk Noyes , Sydney Noyes Anderson, Inc., was in attendance to pre-
sent his responses to the Selectmen's concerns regarding the "Land Dispo-
s ition Agreement ", as outlined in his letter to the Town Manager dated 9/29,
Mr. McLaughlin. questioned feasibilitty of a time period of 120 days for
action on purchase of Town units .
Mr. Hutchinson replied that LexHAB Committee will have been appointed
by that time and will have made determinations on that issue.
Mr. Politi raised a question regarding the procedure for the designa-
tion of units for the Town as described above.
Mr. Hutchinson stated that the developer had made the proposal, which
may or may not be acceptable to the negotiating committee when examined,
. Mr. Hutchinson recommended approval of the "Land Dispos tion Agreement",
with exclusion of the point concerning designation of units and conditional
upon review by Town Counsel.
Upon motion duly made and seconded, it was voted to approve the "Land
Disposition Agreement" between the Town of Lexington and Sydney Noyes Ander-
son, Inc. and the execution of the document by the Board of Selectmen, sub-
ject to - resolution of the items discussed above and other minor items by the
negotiating committee, and subject to review by Town Counsel..
App t . Bd / The following nominations to fill two vacancies as Associate Members
Appeals of the Board of Appeals were made:
Assoc. Alfred S. Busa, nominated by Mr. Sacco; Mary W. Miley, nominated by
Mrs. Battin; John J. McWeeney, nominated by Mr. Politi.
Upon motion duly made and . seconded, it was voted to appoint the follow-
ing as Associate Members of the Board of Appeals for terms of office to
expire on May 31, 1984:
Alfred S. Busa 64 Potter Pond
John J. McWeeney 503 Concord Avenue
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Safety Chief Paul Furdon and Traffic Captain James Lima, Police Dept. and
Issues Walter Tonaszuck, Director, Public Works /Engineering, were present for dis-
cussion of traffic safety issues and the Town's overall traffic safety program.
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Selectmen's Meeting October 3, 1983
Mr. Hutchinson referred to a recent traffic accident which occurred as a
pedestrian - crossed Mass. Ave. within a crosswalk in Lexington Center and con-
cerns expressed. since that incident about traffic safety in the Center and
other areas of Town, which had prompted this discussion.
Chief Furdon reviewed procedures followed by his officers to promote
safety and described operating policies of his department in that area.
The Chief noted little change, since his appointment in 1982, in the on-
going strict traffic enforcement policy of the Police Dept. He said that
issuance of quality citations, in reasonable quantity, with no quota set per
officer, helps to protect the public by reducing accidents and enhances the
reputation of the force as a "no nonsense" agency.
He referred to " thtee E's" as elements of traffic safety programs: con-
sistent enforcement, preceded by education and aided by engineering*
He felt that a traffic volume increase of about 6% annually has been the
basis for increased problems, especially in Lexington Center, and again stressed
education plus every -day enforcement as a deterrent.
Capt. Lima, provided information on the high - accident locations in the
Town,. of which there were 17 in 1982. He pointed out areas showing no changes
from '81 to '82, and then indicated five locations with reduced numbers of
accidents, hopefully accomplished through . enforcement procedures. He pointed
out several areas with increased accident occurrences in '.82, and told of
efforts to reverse this trend by assignment of officers in cruisers to these
locations whenever possible.
He noted . the goal of the Department. to reduce accidents in Lexington Cen-
ter had been attained and felt that the presence of ' traffic officers stationed
on Mass. Ave. near Clarke and Waltham Streets had provided visual deterrent to
motorist violations.
He pointed out possible rear ..end collisions which could result from the
interruption of ongoing traffic by an officer.
It was noted by Capt . Lima that there had been 77, pedestrian accidents in
Town from January, 1979, to June, 30, 1983, the highest concentration of which
was in the Center.
He agreed that of the "three E.' s" mentioned earlier, education is a most
important factor in the. development of public compliance with traf f is laws
and resultant decrease in accidents. He noted School Programs as an example
of this.
All three elements must be present in order to reduce the average of loo
per .month accidents . in Town by more than the 1982 3% success rate as compared
with 1981.
Regarding decrease in accidents in the Hartwell Avenue area and at Mass.
Ave. from Bedford to Grant Street, Mr. Sacco requested a numerical comparison
in addition to the percentage comparison given. The Town Manager will obtain
this information. .
In answer to Mr. McLaughlin' s question, Capt.. Lima said that citations
for pedestrian violation of the Crosswalk Law have not been issued in Town.
Mrs.. Battin urged enforcement of this law, -which she felt could result,
as in other towns, in a decrease in jaywalking .
Chief Furdon doubted that the public is aware of the existence of the
Crosswalk Law, and noted that a plan for use of jaywalking tickets in Lexington
had never actually been implemented. The practice had proven to be a failure
in Boston.
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Mr. Hutchinson said that efforts would be made to enforce crosswalk
regulations but noted lack of success with similar programs elsewhere in
the State.
John Edd.ison noted his observation of-frequent accidents and near acci-
dents the Center and suggested education, including newspaper publicity, mow
regarding the Crosswalk Law, as well as installation of signs alerting to
crosswalks, as seen in Concord.
Mrs.' Bat tin referred to Town Meeting authorization of a Center Traffic
Study which.is now underway and which should address many concerns.
Vicki Swartz, 'Preschool PTA, expressed appreciation for Police Dept,
safety programs in schools. She noted need for safety measures such as
fencing of tot - -lots, additional. Town sanding, more crossing guard coverage
and installation of traffic lights,
Mr. Crain pointed out that regulations on installation of traffic sig-
nals are specific and urged the public to bring requests for such matters
to the Board for resolution.
Angela Frick expressed concern about a sudden increased volume of heavy
trailer trucking on Mass. Avenue.
It was suggested that, in the absence of any law to prohibit such truck-
ing, Gold Star Nursery, owner of many of-these trucks, could be asked for
cooperation in re-- routing;
Fred Frick spoke of excessive speed of trucks on Mass. Ave. and advocated
stricter enforcement of traffic laws as a means to curtail thi s practice.
Barbara Colby said she felt that the allowed 25 m.p.h. speed limit in
the Center was excessive and suggested reduction to 20 m.p.h.
Capt. Lima noted that an Engr. . Dept. study could be made to ascertain if
the current speed limit is inappropriate for the Center and the limit down-
graded by the Registry of Motor Vehicles if merited.
Mr.. Hutchinson noted need to re-examine this and similar issues, which ...r
are being .addressed in the current traffic. study .
In response to the suggestion that violators be apprehended by identifi-
cation through registration number, Chief Furdon said that the operator, not
the owner of the car must be cited, making that procedure impractical.
Mr. Sacco reported that he had visited Concord .Center to observe the
effectiveness of signs alerting the public to crosswalks. He noted same in-
creased awareness but saw some motorists still in violation. He felt that the
signs are not a total answer, but that conditions there were improved to some
degree over those in Lexington Center.
He also pointed out need for informing the public that bicycles may not
be ridden on sidewalks in the Center.
Capt. Lima saw difficulty with enforcement of the law prohibiting this,
but said officers will continue to attempt enforcement. He agreed that
the issue should also be addressed as an educational matter.
In addition to concerns previously mentioned, Richard Michelson, Center
Businessman, noted illegal left- -turns at the Trani Bldg. and violations of
one -way traffic regulations at Depot Square. He suggested more prominent direc-
tional signage.
The Traffic Safety Committee will be asked to comment on Bill Sears'
suggestion for raised crosswalks to cause traffic slow- -down, as seen in Harvard
Square.
Capt. Lima responded that a "rumble strip", built into the pavement well
in advance of a crosswalk, would help combat driver inattention and be more
effective.
Mr. McLaughlin requested exploration of use of speed bumps on some res i-
00ft den tial streets, as well as in the Center, as a means, of curtailing speed.
Mrs. wathen --Dunn -s suggestion that a flashing yellow light, rather than
the flashing green light now at the Follen Church crosswalk would be more
effective, will be taken under advisement.
Motion was - made by Mrs. Battin and, for purposes of discussion, seconded
by Mr. Sacco, to authorize - installation of free - standing signs similar
those in Concord Center , alerting motorists to;, .locations of crosswalks in
Lexington Center.
Mr. Politi asked if the intent was to have the Manager submit the designs
of the signs to the Board prior to' their installation.
Mrs. Battin said either- procedure would be acceptable, but would amend her
motion to exclude the qualification brought up by Mr. Politi.
Mr. Politi moved to amend the motion to require that the Town Manager
report with information on sign design for approval of the Board, prior to
palcement of the signs in the Center.
Upon motion duly made and seconded, it was voted to authorize installation
of, free -- standing signs alerting motorists to locations of crosswalks in Lexing-
ton Center following approval by the Board of sign design to be submitted-by the
Town Manager.,
Mrs. Battin retired from the meeting at 9:17 p.m.
Mr. Hutchinson presented a brief review and status
men's Goals and. objectives for Fiscal Year 1984.
Pam Upon mot ion ' duly made and seconded, it was voted to
and Objectives for FY84 as presented.
report on the Select- Goals &
ob j ec tiveE
approved the Goals
Mr. Hutchinson referred to his written report and recommendations on the Pool Acci-
Town Pool Near Drowning Incident ' on 'September 11, 1983, and recapped proce- dent
dures imp lemented in the rescue and .resuscitation of Peter Grob lewski .
He listed finding evolved from interviews and discussions with involved
persons as follows:
.Pool attendance must be limited to allow complete and of f idient super-
vi s i.on .
Inventory of on --site equipment should be reviewed and investigation
made as to appropriateness of having an airway and ambi bag avail-
able at the pool site.
Carrying out of drills of staff to familiarize themselves with such inci-
dents.
Parents should immediately 'seek staff assistance when looking for a
child.
Procedures for transporttion to an appropriate medical facility should
be reviewed.
The Recreation Committee will be asked to report on these issues by Feb-
ruary 1, 1984, and to request appropriate budgetary support if necessary in
the FY85 budget The report should place specific emphasis upon numbers of
people in the pool, equipment available on site and additional training for
all s taf f .
Mrs .Vicky Schwartz, Preschool PTA, requested the addition of a higher
guard chair at the toddler pool to aid in the guard's observance of children
and awareness for the children of the guard's presence.
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Mr. Groblewski, father of the near victim, was present and spoke in
favor of limiting number of people in the pool. He . also advocated person-
nel trained in the use of airway equipment at the pool on the chance. that %ENO
professional assistance . was not at hand, as in the case of his son's acci-
dent.
Regarding Groblewski's dissatisfaction that his son had been taken
to Symmes Shopital by the ambulance staff, where there is no pediatric depart-
ment, Mr. Hutchinson said the existing policy which governs decision as to
hospital selection will be re- examined with respect to cases such as this,
Lex . Energy Upon motion duly made and seconded, it was voted to proclaim the week of
Week October 15 through October 22 as "Lexington Energy Week" in conjunction with
. "Massachusetts Energy Week" proclaimed - by Governor Dukakis.
Hazardous Mr. Hutchinson reported that collection date for hazardous household
Waste Coll.waste has been set for October 22, from 9:30 a.m, to 3:30 p.m. The League
of Women Voters will arrange for publicity in coordination with the Manager's
Office and the Board of Health.
Upon motion duly made and seconded, it was voted to author i z e the Chair-
man to execute the hazardous household waste collection contract, as approved
by Town Counsel, between the Town of Lexington and SCA Chemical Services, Inc.
Class. Action was deferred on the Town Manager's request that a member of the
Review Bd . Board be designated to serve on the Classification Review Board. The Chair-
man asked members to inform him if willing to serve in this capacity.
Upon motion duly made and seconded, it was voted to appoint Susan M. "
Adler as Acting Town Manager in the absence of Town Manager Hutchinson from
October 10, through October 13, 19830
In response to question raised at the September 26 meeting, Mr. Hutchin-
son referred to a memo from the Building Commissioner in which stating that
the existing McDonald' s sign at the Mass. Avenue driveway to the Minuteman
School was illegally installed, having had no permit from the Board of Appeals
or the Building Dept,
Mr. Sacco brought up the question of the September 30 expiration of per-
mit for sidewalk service at the Versailles Restaurant.which, he noted was
still continuing. Mr. Hutchinson reported that Mr. Sidman, owner of the res-
taurant, had made request to him for an extenion of several days for this
activity. Mr. Hutchinson had agreed to this and Mr. Sidman will be billed
accordingly.
USA Today Mr. Hutchinson referred to Mr. Cohen's letter to Police Chief Furdon
relative to installation of news racks ' on public sidewalks and Mr. Cohen' s
opinion that new Town regulations would have to be enacted in order to require
permits for such installations, as in the case of USA Today.
He further stated that if these newsracks , which have been placed in loca-
tions throughout the Town, should prove to obstruct sidewalks and interfere
with safety, they can, with proper regulations, be removed. He viewed seizure
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of the racks by the Police Dept. as unconstitutional in the absence of such
regulations. It was noted that USA Today had sent a letter stating where
the racks would be installed. but that the actual locations had been different.
Mr(, Hutchinson said that if 'these racks present safety problems, a recom-
mendation for regulations would be made.
Upon motion duly made and seconded, it was voted to adjourn at 9: p.m.
A true record, Attest f�
Marion H. Snow
Principal Clerk
SELECTMEN'S MEETING
October 17, 1983
A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town office Building, on Monday, October 17, 1983, at 7:40 P.M.
Chairman Crain, Mr. Politi, Mr. Sacco, Mr. McLaughlin; Mr. Hutchinson, Town
Manager.; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager
and Mrs. Snow, Principal Clerk, were present.
The Chairman opened the hearing on the petition of Boston Edison Com-- .,Hearing
pany for permission to relocate one stub pole #,64/ 124 . S in Lexington Square, Boston Edi--
Massachusetts Avenue. son, Lexing
Ms. Carol Clinton, representing Boston Edison Co., explained that the ton Square
work was necessary in order to provide pedestrian access to the new Lexing-
ton Square building and to support an existing pole line.
The Chairman read a report of the Public Work Department, recommending
approval of the petit ion..
No one speaking in favor or opposition; the Chairman declared the hear-
ing closed.
Upon motion duly made and seconded, it was voted to approve the petition
of the Boston Edison Company for permission to erect a steel guy stub-,,-
Massachusetts Avenue, southwesterly side, approximately 163 ft. northwest of
Wallis Court. one steel guy stub will be installed and one existing steel
,guy stub will be removed.
Tina Forbes, Chairman of the Lexington Council for the Arts was pre- Lex . Arts .
sent to request expansion of . the ' Council's present membership of five, to Council
not less than eight and no more than ten members . expanded
Mrs. Forbes explained that the workload of the Council has increased membership
greatly due to added activities relative to production of a Directory and
calendar, and preparation for a festival which will be larger this year and
will involve the schools. She also noted increase in requests for grants
from within the Lexington community.
Reference was made to the original Council comprised of ten members,
which previously had seemed not to be productive and, which, due to the
limited ' scope of activities, had been reduced in number at the request of
the Council iri 19820
Mrs. Forbes noted that she has only one willing applicant at this time,
despite newspaper soliciting, but will endeavor to submit names of other suit-
able candidates representing the various arts., following approval of the
request for expansion.
The Chairman, in response to Mr. McLaughlin, stated that it was his im-
pression that there have been precendents regarding the proposed open -ended
composition of the Council and that the request seemed reasonable.
Upon motion duly made and seconded, it was voted to approve the request
of the Lexington Council for the Arts for expansion of its membership from
five members to not less than eight and no more than ten members,
Mrs. Forbes was requested to provide the Board with names of candidates
deemed suitable for appointment to the Council,
Upon motion duly made, and seconded, it was voted to refer, the request Traffic ite
of Mrs::. Gab:riele Stewart, 7A 'Revere . Street, for installation of. "negative Revere' St .
speed bumps" on Revere Street, to the Traf f is Safety Advisory Committee f or
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its review- recommendations,
Traffic The Boarci discussed the request of Dr. Robert L . - Martuza, 30 Fairbanks
Regs, Tuf is Road, for "No Parking" signs on Marrett Road, near Tufts Road, to improve
&Marrett visualization and sight distance for drivers exiting from Tufts to Marrett
Road.
Upon motion duly made and seconded, it was voted to accept the recom-
mendations of the Traffic; Safety Advisory Committee that ' the southerly side
of Marrett Road, from Cary Avenue to Tufts Road, be posted "No Parking".
Traffic The Board reviewed the report of the Traffic Safety Advisory Committee
Regs, Bryant on the recommendation of Traffic Captain James Lima for installation of a
Rd . Lowell "Stop" sign on Bryant Road at Lowell Street, which would require all east-
St. bound Bryant Rd. traffic to stop at an appropriate stop line prior to en-
trance onto Lowell St., and would correct the false impression that Bryant
Road continues across Lowell Street without interuption.
Upon motion duly made and seconded, it was voted to accept the recommen-
dations of the Traffic Safety Advisory Committee for installation of a "S top"
sign on Bryant Road at its intersection with Lowell Street,
Traffic The Board reviewed the report of the Traffic Safety Advisory Committee
item -Har- on the concerns of Alfred B. Gschwendtner, regarding the impact of parked
rington' Rd . cars and tour buses on Harrington Road. The Committee recommended that the
northerly side of Harrington Road be posted "No Parking ", from Bedford Street
75' southerly, to facilitate the turning of tour buses onto Harrington Road.
Mr. Sacco.question the need for 75' to accommodate the turning radius
of buses and reported on his observations of similar large axle vehicles,
such as school buses, which measure 35 to 40 feet.
He su es ted amendin the figure ure of 75'
gg g g , as recommended by the T raffic
lc
Safety Committee, to 25', which he felt was adequate..
Upon motion . duly made and seconded, it was voted to table further dis-
cussion and action on the Harrington Road traffic item. Mr. Tonas tuck will
provide additional information on the turning radius issue to the Town Manager,
who will report to the Board on October 24,
Youth Comm. Nancy Lee Barter, Chairman, Lexington Youth Commission, was present to
Fundraisers request permission for the Commission to carry on fundraisers during the coming
year. The Commission wishes to increase its activities to include a Youth Com-
mission dance and an athletic event for youth and families, in addition to their
Alcohol Education Program, Student Government Day and Recreational Activities for
Youth, and' seeks to augment its funds to do so.
Mrs. Barter reported on plans for a Bake Sale on October 22, and a weekend
carwash this winter or next spring as means of fundraising for the extra activities.
Upon motion duly made and seconded, it was voted to approve the request of
the Lexington Youth Commission for permission to carry on fundraising ac itivi-
ties as listed above.
The Town Manager urged the Board's support of Student Government Day, sche-
duled for April '84 in conjunction with Town Meeting.
App t , to Upon motion duly made and seconded, it was voted to approve the appoint-
Youth Comm. ment of Karen Rudnik, 39 Sanderson Road, to the Lexington Youth Commission.
Rudnik
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Selectmen's Meeting October 17, 1983
Upon motion duly made and seconded, it was voted to approve the request 1 -day Auc-
for issuance of One --day Auctioneers " Liceese to Paul Marshall, b Chandler St. , tioneer Lic
for an Auction to be held by the League of .. Women Voters at the Church of our Marshall
Redeemer on November 18, 19830
The request of the Town Report Committee for permission to increase the Town Report
number of printed copies of the Town Report from 2,000 to 2,500, _ was -reviewed. increase it
Mrs . Greene, Chairman, feels this increase is justified due to demand of in- printing
creased. readership, of the report, due in'-part to rising house sales and grow-
ing number of dwelling units in Town. She noted that the increase could be
accomplished within the Committee's $5,000 current budget, including any costs
reltated to word processing services, based on the stability of printing bids
of the past three years.
Mr. Politi asked. for information on distribution categories i.e. Real
Estate brokers for distribution to prospective buyers. Mr. Hutchinson res-
ponded that the Report is provided largely to individual citizens as well as
broke_ rs, as well as a number of other public entities, and that he would deve-
lop information on distribution if desired.
Mr ... Hutchinson recommended that, in the light of increased demand, the
Board 'approve the Commi -t tee's. request, subject to staying within its budget to
accomplish the increase.
Upon motion duly made and ' seconded, it was voted to approve the-request
�.. of the Town Report Committee for the ' printing of an additional 500 copies of
the 1983 Town Report for a total of 2,500 copies, with the understanding that
the increased p.rinting can .be accomplished within the limits of the Committee's
current appropriation of $5,000.
Mr. Hutchinson noted the. award of second place for Lexington's 1982 Town
Report in the Mass. Municipal Association's Annual Town .Report Contest, and
the high quality of the report which has been maintained due to the work of
Mrs. Greene and the Committee.
. Upon motion duly made and seconded, it was voted - to issue a One -day Liquor 1 -day Liq
License to RAEDACC , W. R. Grace and Co., 55 Hayden Avenue, for a retirement Lic .W .R .
reception to be held on October 19, 19830 Grace &Co
Upon motion duly made and seconded, it was voted to approve the appoint- HanscomFl(
ment of Anthony J. Mandile , representing. the Town of Acton, to the Hanscom Adv . Comm .
Field Advisory Committee. Also approved were the appointments of E. V. Tear Acton Rep
and Charles Kadison a.s alternates to the Acton position.
The. Board noted a petition from residents of North Street, requesting Willards
relocating of the existing Willard woods gate which is 90 feet from the pave - Woods
ment , to a distance of 12 feet from the pavement on North Street and a decrease
of parking spaces to two,. The residents propose that the resultant decrease
and placement of parking spaces in the access area would prevent passage into
the woods of.motorcycles and'cars and act as a deterrent to vandalism, noise
'� impact and littering.
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Mr. Hutchinson felt that the decrease in parking spaces, as suggested,
would seriously limit use of the woods for its intended recreational purpose.
He was asked by-the Board to confer with the Recreation Committee on the
matter and to report on his findings. He will also contact Mr. DiGregorio,
initiator of the petition, to inform him of proceedings.
Action on the item was deferred pending report by the Torn Manager*
Forest St. The Chairman read the recommendation of the Center Revitalization Com-
Parking mittee that traffic .regulation, adopted in 1982, for the southerly side of
Forest Street between Muzzey and Waltham Streets, be now implemented. Under
this regulation, Street would be posted "No Parking" from 6 a.m. to
to a.m. with 2 -hour parking from to a.m. to 6 p.m.
Julian Bussgang, spokesman for residents of Forest Street between Muzzey
and Waltham Streets, presented a .petition signed by 16 residents, stating
their view Forest Street parking regulations should be no different than
those for Vin.c ebrook Road: No Parking from 9 a.m. to 5 p.m..,, Monday through
Friday.
Mr. Hutchinson stated in response to question by Mr. McLaughlin, that
the Forest Street regulation is consistent with current practice as suggested
by the Center Revitalization Committee for streets bordering the Center --
Vinebrook Road regulations been established years ago, long prior to
the 1982 parking plan.
Mr. Bussgang, who lives at 2 Forest Street, felt that the regulation as
adopted would impose hardship on residents because of the 6 a.m, to 10 a.m.
restriction, would not cut down on parking from to to 6 p.m., and would not
accomplish its aim of making the street more passable.
Sheila Hoadly, 125 Waltham Street, noted heavy truck traffic on Forest
Street, possibly to avoid the Center and difficulties to both trucks and pas-
senger vehicles in passage, caused by parked cars. She recalled that truck-
ing had been restricted. on Forest Street in ,years past but Mr. Tonaszcuk, Pub-
lic works Director, said he had been unable to find any record of such a res-
triction.
In response to Mrs. Hoadly T s suggestion that trucks be rerouted to Park
Drive, Mr. Hutchinson said he would investigate the possibility and legal
processes involved. The Traffic Safety Advisory Committee will be asked to
explore this concept.
Frank Cava for ta,. 12 Forest Street, advocated a complete parking ban on
Forest Street because of the high traffic volume on a narrow street and the
possibility of blockage of emergency vehicles in the case of a disabled vehicle
in the road. He stressed the residential quality of Forest Street and ques-
tioned its inclusion in a parking plan for the business district.
In response to question by Mr. Politi, Mr. Sacco reported that the recom-
mendations-of Norman Abend, Traffic Consultant to the Center Revitalization
Committee, did not suppor changing Forest Street to a 1 -way street.
Peter Kelley, 24 Forest Street, noted that he does not see adequate en-
forcement of rules governing parking at specified distances from hydrants,
driveways and intersections, of which there are many on the south side of Forest
Street. Mr. Hutchinson will confer with Police Chief Furdon on this point.
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Selectmen's Meeting
October 17, 1983
Mr. Kelley also suggested that more parking . spaces might be gained by
removing, the existing parking ban from the, north side, where there are only
two curb cuts,, 'and banning parking on the south side of Forest Street between
Muzzey St. and Belfry Terrace, where there are many d riveways. Mr. Kelley's
suggestion will be taken under advisement.
In answer�to Mr. McLaughlin, Mr. Hutchinson said that regulations simi-
lar to those adopted for Forest St... have generally worked well and have
proven to discourage all -day parking of workers.
Mr.. Politi suggested a trial period. for the regulations, with opportun-
ity for the Selectmen to _consider their effectiveness in resolving
Forest Street traf f f c probl ems ..
Upon motion duly made and seconded, it was voted that traffic regula-
tions for "No Parking - 6 a.m. to 10 a.m. and 2 -hour .parking . - 10 a.m, to
6 p.m. - Monday through Friday, on the southerly side of, Forest Street between
Waltham and Muzzey Streets, be _on a trial basis for a period of
90 days. The : Board , at its first meeting after the 15th of January, 19 84 ,
will again consider appropriateness of implementation of the regulations on
a permanent basis.
Attendance of Board- members at the November 1.8 /19th meeting of the Mass . Mass .Muni(
Municipal Association in Hyannis, previously authorized, was discussed brief- Mtg. 11 /D
ly. . Mrs.. Battin- and Mr. -McLaughlin plan to be present at the meeting. &11/19
00 M Upon motion duly, made and seconded, it was voted to. designate Selectman Class .
Sacco to represent the Board on the Classification Review Board. Review Bd
Senator Kraus' request for designation of members of Boards of Selectmen Local Aid
to a Local Aid Task Force was noted Because of her past experience iin Task Forci
this area, it was agreed that Mrs. Battin will be asked to serve in this capa-
city
A Selectmen's Breakfast Meeting with Committee Chairmen will be scheduled Breakfast
for 7:30 a.m. on October 28. The agenda will deal primarily with budget Mtg. 10/2,'
priorities and a review of the goals and objectives of the Selectmen and Town
Committees represented.
In response to invitation of the Town Celebrations Committee, Mr. Sacco Veterans
agreed to read the Governor's Veterans Day Proclamation at. the ob servance of Day
the day on November 11.
Mr. McLaughlin will attend the meeting of the Waltham Hospital Board of Waltham
Trustees on October 27, as the Board's representative. Hosp. Mtg
The Manager noted concerns expressed about placement in streets of signs Crosswalk
alerting to Crosswalks in the Center and possible hazards involved in some signs
of the designated locations. He asked that discussion on the item be' deferred
to the October 25th meeting, f- ollowing further conference with the Police
'""' Chief and the Director of Public Works on the matter.
Tax Rate As requested by Mr. Politi, discussion will be scheduled by the Town
Manager on November 7 to clarify roles of Town Meeting, Board of Assessors
and Board of Selectmen in establishing the tax . rate and deciding how the
leery is determined.
P .W. Capi- Preliminary review of Public works capital budget estimates for the next
tal Budget five years was presented by Mr.- Hutchinson and the Director of Public Works
proposals and Town Engineer. Individual projects totalling $2,,949,,200 for fiscal year
1984 were ' discussed
The Selectmen will consider the proposed projects but no final action
will be taken until recommendations are received from the Town Manager with
respect to both the Capital and operating budgets. In the meantime, the Capi-
tal Expenditures Committee will conduct its review of the proposed capital
budget,
Park Drive . t Mr. Tonaszuck displayed slides showing three schemes for a
Parking municipal parking area on Park Drive, as part of a possible 5 -year capital
parking improvements program. Mr. Tonaszuck estimated -that, with Town Meeting
approval, $250,000 is likely to be spent for parking improvements over the
next . 5 years, funds to be provided from parking permit and meter income. He
said that Park Drive appears to be the most appropriate location for additional
needed parking spaces because of its proximity to the Center and its non -resi-
dential nature.
The preliminary schemes shown would provide up to 184 parking spaces as
follows
Scheme #1- utilizing both sides of Park Drive, from Waltham to Muzzey Sts,
Scheme #2- creation of a lo- -space lot behind the Christian Scientist
Church
Scheme #3- parking on both sides of Park Drive between Muz zey & Clarke Sts.
In addition, Mr. Tonaszuck described a proposal for construction of a turn-
around area off Park Drive next to the Center Playground (shown in 3 alternate
plans) which would also provide recreational parking. It was noted that little
or no grassed area would be sacrificed to implement the plans in the turnaround
proposals and Mr. Tonaszuck foresees no significant environmental .problems .
Mr. McLaughlin suggested investigation of the current level of use of the
adjacent High School parking lot in light of lower school population, and the
potential use a portion of the lot for municipal parking.
VoTech hotel Mrs. Rawls noted that a letter from the Minuteman Vocational Technical
& confer- School, dated-9/8/83, had been sent to the Selectmen, with copy to the Planning
ence Ctr. Board, which included a. feasibility study on the hotel and conference center
now being proposed and a request that members of Town Committees be designated
to serve on an lAdvisory Committee. She reported that the Advisory Committee is
now functioning and will be sending out requests for proposals on the project
shortly.
In response to this letter, the Planning Board has appointed Judith Uhrig
as a member of the Advisory Committee and Mrs. Rawls asked if a Selectman would
be designated as official representative of the Town.
Mr. Crain said he felt that Mrs. Uhrig would be acting in an official
capacity as representing the Town and that the Selectmen would be reviewing
progress reports on the ' matter from Robert C. Jackson, Lexington member of the
Minuteman VoTech School Committee.
' - 7—
0 " Selectmen's Meeting October 17, 1983
Upon motion duly made and seconded, it was voted, 4 - O by roll call Exec.Sessioi
vote, Mr. Crain, Mr. Politi, Mr. Sacco and Mr. McLaughlin, to go into
Executive Session for the purpose of discussin a matter of litigation with
no intention of resuming the open session.
Upon motion duly. made and seconded, it was voted to adjourn at 9:59 p.m.
le .:.
A true record, Attest: IL
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Marion H. Snow
. Principal Clerk
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SELECTMEN'S MEETING
x - Oc tober 24, 1983
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A regular meeting of the Board of Selectmen was held in the Selectmen's
Meeting Room, Town office Building, on Monday, October 24, 1983, at 7:30 P.M.
Chairman Crain, Mr. , Politi, Mr. Sacco, Mr. McLaughlin; Mr. Hutchinson, Town
Manager; Mr. Cohen, Town Counsel; Mrs. Snow,.Principal Clerk, were present.
The Chairman opened the hearing on the petition of the New England Tele-
N.E.Tel.Co,
phone Co..for installation of conduit on Grove Street.
hearing
He read the petition and noted memorandum of Walter J. Tonaszuck, Direc-
Grove St.
for of Public Works /Engr., stating that the work is necessary to service
conduit
Tidd Circle, a proposed street, and recommending approval.
No one spoke in favor or opposition and the Chairman declared the hear-
ing closed.
Upon motion duly made and seconded, it was voted, Mr. Crain abstaining,
to approve the request of the N. E. Telephone Company for installation of
approximately 54' of conduit in the following location:
Grove Street -- on the westerly side at existing pole 40/12 located
approximately 10' southerly of the southerly boundary of Tidd Circle
northerly approximately 54' of conduit to private property.
Hearing on the petition of the New England Telephone Co. for installa- N.E.Tel.Co.
tion of conduit on North Emerson Road was opened by the Chairman by the read- hearing
ing of the petition. N.EmersonR(
The recommendations of the Director of Public Works for approval of the conduit
petition, in order to service Mead Circle, a proposed street, were noted.
No one spoke in favor or in opposition and the Chairman declared the
hearing closed.
. Upon motion duly made and seconded, it was voted, Mr. Crain abstaining,
to approve the request of the N. E. Telephone Company for installation of
approximately 160' of conduit in the following location:
North Emerson Road - on the northerly side at existing pole 372/60
located approximately 40' easterly of ; the westerly. sideline ',of Diamond
Road westerly, approximately 120' of conduit.to private property, on
the northerly side at existing pole 372/56 located approximately 25'
easterly of Mead Circle northerly approximately 40' of conduit to pri-
vate property.
The Chairman noted the request from the Commonwealth of Mass. Dept. of Proclama --
Public Health for proclamation of the week of November 13 through 19, 1983, tion, Emerg,
as "Emergency Medical Services Week" , as .proclaimed by the Governor . .- Medical SvE
Upon: motion duly made and it was voted to proclaim the Week
period from November 13 through November 19, 1983, as "Emergency Medical
Services Week" in acknowledgement of the contribution of services to the
heal and welfare .,v - the .community-. by .the Emergency Medical Services Systems .
Following the signing of the Proclamation, Fire Chief Bergeron and mem-
bers of Lexington's Emergency Medical staff joined the meeting .. . The Chief
reported briefly on the scope of responses of the team in 1982 and the use of
Emerson Hospital paramedic service.
The Chairman expressed the appreciation of the Board f or the of f orts
and continued good work of the Emergency Medical Services personnel.
- 2 -
Use of Upon motion duly made and seconded, it was voted to approve the request
Battle Gr. . of Action for Soviet Jewry, Inc. for use of the Lexington Battle Green for
Action, Sov . the purpose of holding a Chanukah pageant on Sunday, December 4, 1983, from
Jewry 2 :00 to 4:00 P.M.
Minutes Upon motion duly made and seconded, it was voted to approve, as amended
10/3/$3 the minutes of the Selectmen's Meeting of 0ctober 3, 1983
Traffic- Upon motion duly made and seconded, it was voted to refer the request
Savage, of Karen Savage, 91 Grove S t . , for installation of a Stop sign on Robinson
Grove St. Road at its intersection with Grove St., to the Traffic Safety Advisory
Robinson Rd.. Committee for its review and recommendations.
Traffic The request of Beth Squillac io ti, 146 Grove St., f.or speed trap on
Squllacioti,Grove St., and the report of the Traffic Safety Committee were recapped by
Grove St. the Chairman.
The Committee outlined procedures under i.exis ting regulations, now being
implemented by the Police Dept. to increase radar presence and enforcement
of the 30 mph speed limit on Grove St. It was noted that through these
means a number of citiation have been issued. The Board concurred with these
Traffic procedures.
Gschwendt -- The report of the Traffic Safety Committee in response to concerns ex-
ner, Har- pressed by Alfred B. Gschwendtner, and its recommendations for a parking ban
rington Rd on the northerly side of Harrington Road, 75' from its intersection with
Bedford Street, were again considered. The matter had been tabled on Octo-
ber 17.
It had been suggested at the previous meeting that "no parking" for a
distance of 25', rahter than the recommended 75', would be adequate to accom-
modate the turning radius onto Harrington Road of tour buses.
As requested, Mr. Tonas tuck reported on his investigation regarding
turning radius requirements for large -axle vehicles, and based on his testing
of a B -40 vehicle, .similar in size to the tour buses, recommended that the
recommendation for 75'which he said represented a comfortable distance for
turning movements, be followed.
Upon motion duly made and seconded, it was voted to amend the Traffic
Rules and Regulations as follows:
By adding to Article v, Section 2, Schedule #1, the following:
LOCATION SIDE FROM TO TYPE PARKING
Harrington Rd. North Bedford Street 75' southwesterly No Parking
1 -day Liq . Upon motion duly made and seconded, it was voted to grant a one -day
Lic.M.M. Liquor License to Moses Michael Hays Lodge, A.F. & A.M. for November 10,
Hays Lodge 1983, for a function to be held at the Museum of our National Heritage.
Mr. Hutchinson reported that there will be a meeting of the MBTA Advisory
Board on October 25. He was requested to arrange for representation at that
meeting in place of Mr. Crain.
Mr. Hutchinson was requested to proceed with the reactivation of the
Fair Housing Committee and to ask the Minuteman to publicize the solicitation
of additional candidates for membership.
"NO
-lei - 3
Selectmen's Meeting
October 24, 1983
The Manager was authorized to negotiate for the conveyance of a parcel Town owned
of town owned land on the corner of Rangeway Rd. and Volunteer Way. Abuttors land- Range-
at 4 Rangeway Rd. and 1 Heritage Drive have applied for permission to pur- way /volun --i
chase the 8,000 s . f . lot. tee r Way
It will be stipulated, as recommended by other Town Boards, that the
lot, if sold, cannot be built upon nor can it be combined with other land
so as to create a buildable lot. The land will be appraised and sealed bids
submitted, prior to action by the Board on the transaction.
The . Board discussed the suggestion of the Manager that consideration be Moratorium
given to lifting the moratorium on the sale of certain Town owned parcels .
He reported on the many requests to purchase such land received in his office
and the scope of Town services required to process such requests.
In answer to question as to whether his recommendation included lifting
of the moratorium on sale of , building Town owned lots, the Manager said the
general proctic'e has been to recommend against conveyance of buildable land.
He will develop further recommendations on the matter for consideration of the
Board at the November 7 meeting.
The Manager recommended scheduling discussion of the report of the Set- Sel /TownMg
ectmen/ Town Manager Act Committee, relative to budget timetables, for the Comm. Rp t .
November 7 meeting. The timetables, as proposed, have been reviewed by the
Manager, Town Counsel and Comptroller and the proposed changes are believed
to be adequate.
The Manager reported. on concerns regarding possible hazards involved Crosswalk
with placement of crosswalk warning signs in the business district due to signs
the width of streets and heavy traffic volume-, He stated that though all
are in agreement with the decision to post warnings, it is the opinion of
the Police Chief and Director of Public works that., in some locations, plac-
ing of signs mid --road . might result in .accidents i.e., hitting the signs or
encroaching , in other lanes to avoid them. They recommend that other forms
and placement of warnings should be considered for these locations.
Mr. Tonas zuck advised prior warning to motorists of mid-- -road signs lin
locations where installed.
In comparison to the experience in Concord, it was brought out that the
road configuration there lends itself more appropriately to pllcement of
signs in the middle of the road and in protected areas. The Concord Police
Chief will be asked if any signs in . Concord Center have been hit.
Mr. Hutchinson will . prepare updated recommendations and alternate marking
plans for locations of signs,, including report on the most effective design for
corsswalk marking and design for crosswalks not at traffic lights.
Upon motion duly made and seconded, it was voted to authorize the Town
Manager to seek bids on the Fire Department's 1972 International pick -up
truck, replaced by a donation by Toyota Motors. Bids of no less than $850,
market value of ' the truck, will be accepted .
mom The Board concurred with Mr. Hutchinson' s suggestion that the meeting on
October 31 be designated as a work session, with no action items, unless in the
case of emergency, on the agenda.
s
IEM
App t . ,
Upon. motion duly made and seconded, it was voted to approve the:' appoitit-
Rec . Comm.
ment by the Town Manager of Sam Nablo, 6 Brigham Road, to the Recreation
Nablo
Committee, to fill the unexpired term of Bart Carr to April, 19850
Unacc. Sts
The Town Manager briefly reviewed recommendations on revisions to the
Policy
Acceptance Policy for Streets, as prepared by Walter J. Tonas zuck, Director
of Public Works /Engr . and referred to the process which has been employed
of response of the Board to petitions for acceptance of street, with primary
items such as cost and public safety being considered,
Mr. Tonas zuck.' s memorandum of recommendations brought up the current
high cost of street construction and the need to reassess practices by devel-
opment of a process of street acceptance that will result in maximum benefit
to the Town.
He proposed that the current policy of selection from petition submis-
sion of abutters be terminated and a new policy for the determination of the
Town's commitment for acceptance and improvement be adopted. He recommended
safety and financial considerations, corridor development and the. effect , upon
greatest number of households as criteria for the evaluation and prioritization
of the entire inventory of unaccepted street
Regarding standards for roadway improvements, he suggested a responsible
deviation from current standards of construction, so as not to impact neigh-
borhood character or property value on streets which have existed prior to
Subdivision ' Control and do not meet existing "width" standards.
The Manager noted that this is not to say that petitions should not be
considered but that changes in the Town's financial position makes it more
difficult to provide fiscal capacity to extend streets.
He gave as examples petitions submitted for acceptance of Tower Road,
opposed by some .o.f . its residents; Emerald Street, which has general support
of abuttors; -and Sunnyknoll Avenue, which has some support but quite a bit
of opposition.
He stated that from an administrative standpoint, he recommended high
priority for Sunnyknoll as a connecting street.
Drummer Boy
Regarding the petition of residents of Drummer Boy Condominium Devel-
opment for Town acceptance of Drummer Boy Way and Fifer Lane, Mr. Hutchinson
referred to conditions imposed at the time of Town Meeting approval of the
project stating that the interior streets would remain the responsibility of
the condominium association. on that basis, he has recommended against approval
of the request . He said approval would represent a major policy change for the
Town and would mean absorbing additional costs which the Town is not in a posi-
tion to assume.
He referred to correspondence from the Planning Board on the matter in
which opposition to Town acceptance was stated because of the representation
made to Town Meeting regarding responsibility for roads.
The Planning Board further opposed the concept of acceptance of roads
built without periodic Town inspection during construction.
Mr. Hutchinson noted the point that other condominium developments in the
Town may make similar requests regarding their private roads.
Mr. David Wellinger, President of Drummer Boy Condominium Assoc., spoke
on behalf of its residents, and referred to the Association's July, 1983,
petition.. for acceptance of the two roads, which he stated were built to Town
standards.
He stated that previously lower valuation of units in Drummer Boy in
1976 was arrived at to compensate for maintence by the Association of the roads
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-5--
Selectmen's Meeting October 24, 1983
and also for the reason of smaller school population. Drummer Boy units,
he alleged, were valued for tax purposes. at 33%, rather than 44 % , as was the
case of other homes in Town.
Since Town --wide revaluation to 100% makes it no longer feasible to dis-
tinguish condominium developments from single family homes, the Association
feels it is no longer an equitable arrangement and is requesting acceptance
of their streets and - provisi - on of. Town services relative to long term repair.
Drummer Boy would still provide lighting, plowing and sanding of the roads.
In this reference, he quoted State law which states that benefits must
be reasonable with relationship to taxation'.
On behalf of the Association, Mr. Wellinger requested the Board' . s
support for acceptance of the roads.
Mr. Wellinger' s claim of an agreement with the Town Assessor in 1976,
regarding lower valuation and assessments was discussed. The Town Manager
stated that based on previous investigation, he had found no evidence of any
such agreement.
Mr. Wellinger went on to say that at the time of purchase, original
owners were told by the developers that there'would.be a favorable valuation
and that the first tax bills-received appeared to reflect that. He said the
current owners do not feel that they have been misled, but that they no longer
have a favorable variance due to the change in circumstances.
Mr. Wellinger will prepare an itemized breakdown regarding the cost per -
centage-per household the reduced services represent.
The Town Manager will confer with the Board of Assessors as . - to whether
Town. acceptance of the roads would result in higher evaluation for Drummer
Boy units.
Question was raised regarding creation of a precedent should Drummer Boy
roads gain acceptance. The Manager was asked to provide data on other instances
in the Town where rezoning has been granted on condition that residents would
retain responsibility for interior streets,
Town Counsel will respond to legal questions raised in Mr. Wellinger
presentation,
Mr. Lo - 11=is and Mr. Rabe, oak Street residents and abuttors to Ellis Street,
asked support for acceptance of Ellis St. The street, from oak St. to Taft
Ave., was described as being hazardous due to erosion of its. former sand sur-
face, leaving - large exposed rocks, and driveways elevated above street level.
Dangers to children who walk the road and potential damage to snow plows due
to this condition were noted. It was stated that all abettors support the
request.
Benjamin Golini, Precinct 8 Town Meeting Member, suggested 2 levels of road
construction standards, based on use as major or minor streets. Less expensive
methods and materials could be used on "side connector' streets. He noted that
fiscal constraints have precluded certain projects which have been subject of
petitions for many years and cited repeated petitions for Emerald St. as an
example. He felt that the fact that a- petition has been made repeatedly should
be considered as criteria for acceptance.
Mrs. Molle, Bellflower Street, noted that Emerald.Street has been used
mom m since 1950 by children as access to Maria Hastings School, as recommended by
its Principal. Because of its poor condition, she considered Emerald St. to
d
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present safety hazards for the children. She also referred to hindrance to
emergency vehicles attempting to use the street.
Residents of Sunnyknoll Avenue requested consideration of its accept-
ance, Opposition of some abuttors because of the possibility of increased
traffic was noted, MEMO
Mr. Cooper, Reed Street resident and abuttor to Sunnyknoll, noted
water problems caused by the drainage path of a brook which formerly
crossed Sunnyknoll and results in water problems on his problem. He urged
construction of Sunnyknoll as the only way to correct this problem.
Mrs. Welch, Norton Road brought up problems with respect to refusal of
the Post Office to deliver mail to the 6 houses on-Norton Road due to its
poor condition.
The Manager will investigate and will confer with the Postmaster on the
matter.
To those expressing opposition to construction on some streets, Mr. Politi
urged inspection of streets which have been improved to observe the quality of
work done.
Muzzey Several unresolved issues contained in the Land Dispostion Agreement for
School the Muzzey School Condominium development were outlined by the Town Manager.
1. Distribution of units: Mr. Noyes proposes the following distribution
of units to the Town: one 3- bedroom, three 2- bedroom and six 1- bedroom,
if ten units are purchased by the Town. If less, there would still be
one 3- bedroom and and, regarding 2-- bedroom, a number, .of .units ..equalling
30% (up to ten units)
2. 4% of Condominium charges for the Senior Center
3. Designation of the Town Manager acting on behalf of the Town after "
appropriate input from the Board of Selectmen.
There was also the issue of the condominium documents, to be reviewed and
examined by Town Counsel and the negotiating committee.
David Rogers, Palmer & Dodge, distributed revised copies of the Land Dis-
ribution Agreement and reviewed changes. These changes included elements rela-
tive to conveyance and date for 30% sale by the developer; Selectmen approval
of condominium documents;.list of priorities regarding refundable deposits;
insurance coverage; authority of Town Manager to.bind the Town; notice to the
developer regarding designation of Town units by a majority of the Board of
Selectmen.
Mr. Bussgang had prepared comments on the earlier Land Distribution Agree-
ment and reviewed them with the Board.
Mrs. Rawls also submitted comments regarding the. - 'Disposition agree-
ment for consideration of the Board. one of the points raised by Mrs. Rawls
concerned the requirement of residence for only 15 weeks out of the year for
the second member of a household. She felt that abuse could arise because per-
sons with very low incomes could qualify the prime occupant for housing even
though the low income person did not intend to live there for any length of
time.
The'Selectmen indicated that if the 15 weeks were raised to 48 or 50 weeks,
° - 7 -
persons with high income could live there and not have it counted, since they
might be away for perhaps a month out of the year.
An unsigned letter to the Selectmen and the Town Manager was discussed
briefly. The writer, who is desirous of purchasing a Muzzey unit and who
has deposited $500, alleged.untruthful statements by some applicants regard-
ing income.
The Town Manager reported all statements of income will be thoroughly
investigated, including examination of- w -2 forms fr m the past several years.
The Town Manager asked for dire *n fromathp B d regarding designa-
B t
tion of units, as proposed by Mr. N s.
It was noted that as yet, no input had been provided on the matter by the
Housing Authority or the Planning Board sub- committee.
Mr. McLaughlin suggested that designation of units be finalized following
.receipt of reports on unit designation from the two agencies. He suggested
that approval be given to the Land Disposition Agreement, subject to the
designation of units issue being resolved.
Upon motion duly made and seconded, it was voted to approve the Muzzey
School Land Dispostion Agreement between the Town of Lexington and Sidney
Noyes Anderson, Inc., subject to a possible change in the mix of units which
the Town would be eligible to purchase. The Land Disposition Agreement will be
signed at the next meeting of the Board when it is expected that the mix of
units issue will have been resolved.
Mr. McLaughlin referred to the final report of the 1983 Town Clean -up '84 Town
Committee with respect to plans for Spring '84 and with consent of the Clean --up
Board, asked.the Town Manager to provide recommendations on planning the
'84 project.
Mr. Politi noted that time is approaching for the Board's decision on Marshall
the "Marshall Resolution" as presented at the 1983 Annual Town Meeting, Resolution
and suggested that discussion of that issue be included on the agenda of
November 7, when tax rate and levy will be discussed.
The Resolution was voted under Article 7, and stated that the Selectmen
should arrange for a. referendum question concering a Proposition 2 1/2 over-
ride on the ballot, if they had not petitioned the legislature for a special
act on the subject prior to December 1, 19830
Upon motion duly made and seconded, it was voted to adjourn at 9:57 P.M.
A true record, Attest: ,
Principal Clerk