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HomeMy WebLinkAbout1983-11-BOS-minSELECTMEN'S MEETING November 7, 19 8.3 A regular meeting of the. Board of Selectmen was held in the Select - men s Meeting Room,. Town office Building on Monday, November 7, 1983, at 7:30 p.m. Chairman Crain, Mrs. Battin, Mr. Politi, Mr. Sacco, Mr. McLaugh- lin; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Clerk; Miss Adler, Assistant to the Town Manager; Mrs. Snow, Principal Clerk, were present. Upon motion duly made and seconded, i -t was vo tel to approve the New Hamp- -Bond, Co1- shire Insurance Company Local Officials additional bond for Collector of lector of Taxes, James R. Kane, in the amount of $41,000.009 Taxes Upon motion duly made and seconded, it was voted to call the Annual Town Meeting (Election Day) for Monday, March 5, 1984, with polling hours of 7:00 a.m. to 8:00 a.m. Upon. motion duly made and seconded, it was voted to close the Warrant for the 1984 Annual Town Meeting on Thursday, December 29, 1983, at 4:30 p.m. Town Mtg. Election 3/5/84 Warrant Clos .12/ 29 83 Upon motion duly made and seconded, it was voted to call the first de-- is t S ess . liberative session of the 1984 .Annual Town Meeting for . April 2, 1984, at Town Mtg 8:00 p.m. in Cary Memorial Hall. 4/2/84 Upon motion duly made. and seconded, it was voted to ratify the poll 1 -day Liq , ,�■.,, vote on October. 31, 1983, to approve the request by W. R. Grace & Co., Lic .W. R. Recreation Association, for One -day Liquor License for November 7, 1983, Grace for a retirement' reception to be held at 55 Hayden Avenue,. Upon motion duly made and seconded, it was voted to approve the request 1 -day Liq. of St. Brigid' s Couples Club for a one -day Liquor License on November 18, Lic . S t . 1983 for a reunion to be held in Kielty Hall, 2001 Mass. Ave. Brigid' s Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the meeting of the Board of Selectmen on October 17, 1983. 10/17/83 The Board reviewed the recommendations of the Board of Health and Plan- DNA Res. ning Board regarding procedures for dealing with the question of recombinant Bd /Health DNA research in Lexington and stating the Health Board's concern as how best to learn whether the Town desires to support that type of activity. The Board of Health recommended, jointly with the Planning Board, appoint- ment of a DNA Study Committee to report to the 1984 Annual Town Meeting and placement of : an article on the warrant to determine if Town Meeting approves or disapproves the carrying - on of DNA research in ' the Town, which could be allowed under present Zoning By -Law regulations. It was suggested that representation of a broad spectrum of individuals on a DNA Study Committee, citizens with expertise in the field, would be preferable to limiting the committee to members of Town Boards. Information on the similar experiences of other communities and from knowledge - a^ able individuals would be sought. In his letter, Mr. Lamb ie expressed the willingness of his Board to meet with the Selectmen for further discussion of the issues. :r -2- Upon, motion duly made and seconded, it was voted to request the attendance of the Board of Health for discussion of recombinant DNA research in Lexington, at the meeting on November 21. Cable outlet An offer from Adams Russell Cablevision- Lexington, Inc. for installa- tion of a cable outlet to include access to the A/B residential cable and moo institutional network, was reviewed. It was noted that other agencies using the Meeting Room, as well as the Board of Selectmen would benefit from this opportunity. Upon motion duly made and seconded, it was voted to accept the offer of Adams Russell Cablevision -- Lexington, Inc. to install a cable outlet in the Selectmen's Meeting Room, Town office Building. App t . T . C . C . Upon motion duly made and seconded, it was voted to appoint Winston E. Flynn Flynn to the Town Celebrations Committee to fill the unexpired term of Dawn E. Dziokonski to June 30, 1985. Resignation Upon motion duly made and seconded, it was voted to accept, with regret, T.A. C the resignation of Lance A. Neumann as a member of the Transportation Advisory Neumann Committee, effective immediately. Rel . from Mr. Cohen informed the Board of correspondence from Francis Reynolds, Covenant Esq . who requested, on behalf of his clients, Mr. & Mrs. Luhrs , residents of Hancock Hancock School Condominiums, partial release from restrictive covenant to Sch. Condo allow installation of two skylights in their unit. The installation had been approved by the Historic Districts Commission and the work completed, but due to misunderstanding, without application to the Selectmen for release from the restrictive covenant. Upon motion duly made and seconded, it was voted to grant a partial re- lease from restrictive-covenant to Harry M. Luhrs and Fannet to H. Luhrs , to vow allow installation of two skylights.in the Hancock School Condominium develop - ment, subject to preparation by Town Counsel of an appropriate document of release. The procedure which requires application to the Board of Selectmen in any such future cases will be brought to the attention of the Historic Districts Commission by letter from the Town Manager, AARP Anniv. Upon duly made and seconded, it was voted to approve a letter to the American Association of Retired Persons, extending congratulations to that organization on the occasion of its tenth anniversary, to be observed on Tues- day, November 14, 19830 Deferred Upon motion duly made and seconded, it was voted to adopt a revised De- Comp-Plan ferred Compensation Resolution, as suggested by ICMA Retirement Corp., naming the Town Treasurer as coordinator for Lexington's deferred retirement program. Hastings The Town Manager . reported on D.P.W. request for approval of use of funds Park Curb. in the Everett M. Mulliken fund for installation of granite curb on the Lin - coln Street side of Hastings Park. The request is supported by the Trustees of Public Trusts. Mr. Tonaszuck, D.P.W. Director, explained that parking of vehicles on the --3-- Selectmen's Meeting November 7, 1983 grassed area of the park for the various activities held there is causing detioration in the appearance of the park as well as the breaking down of Lincoln Street pavement. installation of curbing would prevent encroach - ment by cars, preserve the roadway integrity and beautify that area of Hastings Park.. Question was rais.ed.as to whether the Mulliken fund had been earmarked specifically for such park improvements or if their use. could be considered for other options such as Human Services and other programs. The Town Mana- ger will investigate and.report on this issue. Upon motion duly made and seconded, it was voted to approve the request of the Department of Public works for use of available funds in the Everett M, Mulliken- fund f or installat�on of granite - curbing along the. Lincoln Street leg of Hastings Park at an eatii a.ted cost of $7,.500. The vote is sub j ect to inves- tigation.by the Town Manager regarding prescribed uses of the Mulliken fund. If it is f ound that these f unds would be available for uses other than the park improvement, the matter will again be brought before the Board.. In response to Mr. Sacco's concerns, Mr. Tonaszuck stated that provision will be made for entrance onto the park grounds by trucks used in conjunction with preparations for band concerts and other events held at the park. Upon motion duly made and seconded, it was voted to hold a public hearing Public on Monday, November 28, 1983, at 7:30 p.m,, on the application for a Special Hearing Permit and.Site Plan Review Sidney Noyes Anderson, for conversion. to Muzzey condominiums of the Muz z ey Jr. High School. Mr. Hutchinson reviewed his memorandum relating to the setting up of the FY'84 FY' tax.rate and its relation to the levy limit established by Proposition tax rate 2 1 levy 1im He explained that at the ,end of May, 1983, a levy limit of $28,245,830 had been assumed, but that we in fact ended up raising $28,022,798. The, reason for less demand than expected the levy was the fact that several factors were announced. later in the year. On July 29, 1983 we learned that our State and County assessments were down $15.9,863 and -our Cherry Sheet re- ceipts were up $76,765. In addition, on September 26, the Assessors announced that new construction was approximately $7,000__,000 higher than anticipated. The Lexington Assessors did raise the amount of Overlay Reserves by $275,000. However, without.exact figures at Town Meeting, it is difficult to pass a budget which utilizes.the levy limit to the exact penny. It was painted out that pending legislation would make it possible for the town to capture the unused portion of the levy limit in future years. Mrs. Batt in asked if a higher tax rate coul.d.have been set and. expressed concern about full use of tax capacity.. She felt that not - taxing to full capacity could jeopardize local aid and the special legislation being prepared which would allow us to taxat 2 112% total assessed value. Mrs. Battin asked for discussion of setting a' - policy for handling such a situation in.the future and pointed out that another consid would be to enable the Town Meeting to authorize the Board cif. Selectmen to determine (below a certain maximum) th'e .amount a f -tree ..cash' to .be used t . , tQ x..educ.e the tax rate, --4- Mr. Cohen responded that delegation of this authority by Town Meeting to.the.Board of Selectmen could be questioned by the Bureau of Accounts. Town /School Mr. Hutchinson briefly reviewed data prepared at the request of spending Mr. McLaughlin on the history of school and town spending over the past history five years (FY T 80 -- FY T 84) . Mr. McLaughlin felt that this information would be useful in budget discussions with the School Committee and requested that similar informa- tion be provided for FY'78 and FY'79. He also -asked that other factors such as school and Town population be included in the report. The Manager'... will provide the additional information' as requested. Mr. Hutchinson gave his recommendations on criterion as the prelimin- ary basis for the development of streets: a. safety /financial considerations b. corridor development C, impact upon greatest number of households. He asked direction of the Board as to other factors such as the number of times a petition had been submitted and modification of standards for roads, in addition to its consideration of items a., b.,, and c. as listed above. Mrs. Battin noted that, as with policy on sewer extensions, safety and health are of primary importance with financial aspects relating to all criterion. The Board concurred with the suggesti.on.that the reports and recommenda- tions of the Planning Board and the Director-of Public Works on street accept- ance policy changes be further reviewed before taking action on a policy. Upon motion duly made and seconded, it was voted to table decision on a policy for acceptance of streets to the meeting on November 21, Drummer Boy Sreeets Regarding the condominium street issue and the petition of the Drummer Boy Condominium Assoc. for acceptance of Drummer Boy Way and Fifer Lane, Mr. Hutchinson stated his opposition to the Drummer Boy petition and recom- mended against insertion by the Selectmen of a Warrant Article on the issue. He noted that the Association could submit the article as a citizens article. He referred to.data prepared on private driveways under condominium owner- ship in the Town which total approximately 4 miles. He noted financial impli- cations to the Town of future acceptance of these roads, which could occur based on a precendent created if Drummer Boy roads were to be accepted. He reiterated that the Drummer Boy streets had not been built to Town standards. In response to Mr. Politi question regarding percentage of assessment reflected if the Drummer Boy streets were to become Town streets, Mr. Grush, Chairman of the Bd. of Assessors, stated that condominiums are taxed as entities with no division of land and buildings. Acceptance of the streets which are now included as part of the common area, would not change the overall valuation, unless a change in the marketplace indicated. Upon motion duly made and seconded, it was voted to inform the Drummer Boy Condominium Association that the Selectmen will take no action on the Associa- tion's request that an Article be placed on the Warrant for the 1984 Annual Town Meeting for acceptance of Drummer Boy Way and Fifer Lane. The Association � Selectmen's Meeting 5_ g November 7, 1983 will be advised as to procedures for insertion of a citizens article on the matter. Proposal for partial use of the Munroe School as an Arts Center was Lex /Arts reviewed with the Board by Robert Anderson, member of Arts/Lexington. Munroe Sch , The purpose. of the proposal was presented as follows: . to provide a forum for interaction of members of Lexington s artistic community, .to provide a cultura. and educational resource for the citizens of Lexington by of f ering classes., workshops, perf ormances , exhibits and other programs, .to make available exhibition space* .to enhance the quality of life in our community. Arts /Lexington proposes to lease from the Town, at $1. s . f . , unoc- cupied space in -the Munroe; School basement, first and second f loores , amount- ing to approximately 8, flop square feet, for an initial period of 4 years, The space would be sublet to cultural, educational and service organizations which comply with - guidelines presented in the Munroe School .Rental Informa- tion outline of April '81. No major structural alterations are planned. Mr. Anderson went on to cover subjects such as hours of operation, res- ponsibility . f or maintenance sources of funding, rental fees and fundrais- ing events to be held annually. He listed surplus schools in Massachusetts communities and in other states which are being successfully used as Arts Centers. Question was raised regarding the aspect of subsidy of the Lexington/ Arts project which would be involved in profit. making. Mr. Anderson responded that profit levels are usually low for artists and rents to be charged would be fairly high. The main ;thrust of the proposal would be to provide working space .for artists, rather than profits-0 f Mrs. Battin pointed out,reference in the Charge to the Center Revitali- za tion committee for inc l ;s ion of in'ekeas cul tu�ral ..activity iii: its P - 1 n for Lexington Center She felt this proposal would provide artistic oppor tu- ni t ies to townspeople and ' tha t the goals for increased activity in .that area should b e a c ons id erat ion in the decision. Mr. McLaughlin raised the question of the proportion of space in Lexing- ton Center now devoted to the arts i.e. Arts and Crafts Society Bldg. on Wal- tham Street and various art galleries . He asked for information on the amount of Town funding of such enterprises. In an effort to gain ' input from neighbors of Munroe School, they will be informed of the Board's consideration of the Arts /Lexington proposal and of the scope of ac which would be carried on from 9:00 a .m. to to : oo P.M. Mr. Politi expressed interest in "quasi commercial" use of the Munroe space. He was interested in opening up the rental selection process by means of advertising. He also suggested that all leases in Munroe School be arranged to expire simultaneously and coinciding the. term of the Adams /Russ lease. It was agreed that information regarding available space in the school should b e advertised f or the information of other groups seeking quarters o, Mr. Hutchinson estimated that the advertising process could be accomplished in 3 weeks time and that he' could report to the Board in a month on applica- tions and proposals received. 1 _ [ tw ' Irell Crosswalk . Mr. Tonaszuck, Director of Public Works, was present for further dis- signs cussion of installation in Lexington Center of signs alertin g motorists to crosswalks. He presented a proposed sign design, and by means of a pre- pared map of the Cen ter , outlined a recommended placement plan showing permanent installations on Mass. Ave. at the Post office and at the cross- walk on ,the westerly side of Depot Sq . with other signs on 5 existing poles in the Center, The Board generally concurred with the Manager's recommendation to go forward with the installation of signs on an experimental basis. As suggested, mid --road signs will be installed at a distance from the crosswalks to pre- clude the possibility that the sign could obscure a child from motorists' vision. Also, Mr. Tonaszuck, as requested, will report to the Board on f eas i- bility of installation of an additional sign on Waltham St. near the parking lot entrance to warn of the Waltham St,/Mass. Ave. crosswalk. The width of the, sample sign, in comparison with Concord signs, was questioned. It was suggested that narrower signs would decrease the chance of their being hit by motorists. Mr. Tonaszuck will provide information on redesigned signs for the Board's consideration on November 14. In response to request for information on differentiation in downtown crosswalk markings, Mr. Tonaszuck showed two standard designs which are in use in rural or urban areas . A report on marking designs for crosswalks located at traffic lights will be provided, as requested, Other concerns expressed regarding the concept of mid --road sign installa- tion included safety hazards to motorists and a "clutter effect" resultant from placement of additional signs in the Center, Mr. Hutchinson will report to the Board on the Concord experience regard- ing hazards of mid -road sign. installations. Mr. Hutchinson recommended lifting of , .the moratorium on sale of lots in the category of "left over" pieces of land, as opposed to buildable lots. He •... pointed out that these small pieces of land are of no use to the Town and noted the advantage of getting them on the tax rolls, He reviewed the process followed regarding requests for purchase of Town owned lots. The requests are forwarded to Town board and agencies for review and recommendations before presenting them to the Selectmen for authorization to negotiate with applicants.- The process would also include obtaining an opinion of value and notice to all ab ut to rs that a request for purchase is being considered. The Manager stated that the Town should not assume res- ponsibility for legal work involved, It was suggested that the purchasers of such lots cover costs of obtaining the opinion of value. The Manager assured the Board that all interested parties would be informed of any activity on requests for purchase of Town owned land. Upon motion duly made and seconded, it was voted to approve the request of the Town Manager to lift the moratorium on sale of Town owned land which is unusable as building lots. Prospective slaes of such pieces of land is, in all cases, to be made known to abuttors . Mr. McLaughlin pointed out that prior to creation of LexHAB , he and Select- men Politi and Sacco were acting as overseers of preliminary buyer procedures with respect to condominium units in Muzzey School. He expressed concern about the issue of real equity of the 105 eligible propective buyers and the fact that some applicants are eligible under the Selectmen's Meeting November 7 1 9 3 income restriction - but, as Yong term home owners, have acquired,large amounts of equity. He felt that subsidy of such buyers was not approp- riate. He brought up the question of legality of requirement that units pur- chased be. a � "f irs t home" purchase and. noted that FHA and VA looked f avor- ably upon such mortgage applications. Town Counsel will- research this suggestion, but cautioned against a selection process with. such a qualification since financial circumstances are not always as they appear. Other factors to be considered were pointed out such as change of cir- cumstances as in the case of the "suddenly single" and cases of elderly home owners, now on low, fixed incomes, who wish to continue to live in the Town. It was agreed by members of the overseer committee to meet in advance of the November 28 Public .Hearing to address the question of tenant eligib- ility with regard to assets /income issue. The meeting, to. be held on Novem- ber 12 at 9 :00 a . m. , will be advertised and those interested in discussion of eligibility criteria will be encouraged to attend . 'The Manager noted difficulties which would be encountered in trying to establish eligibility criteria based on assets of applicatns because of the many ways to hide real assets. Town Counsel will report, as requested, on the question of legality of discussion of an individual's income and assets in public session, and if allowed, procedures to be followed. Mr. Hutchinson- will ask the press to publicize the Board's request for volunteers with appropriate backgrounds and experience, for service on Lex- �"" HAB. He reported that Lex'HAB legislation was out of the House and in the Senate. It is hoped that the bill will be before the Governor within the week. Upon motion duly made and seconded, it was voted 4 --- o by roll call vote, Mr. Crain, Mrs. Battin., Mr. Politi, Mr. Sacco and Mr. McLaughlin, to go Executive Session for the purpose of discussing real estate negotiations, with no intention of resuming the open session. p.m. Upon motion duly made and seconded, it was voted to adjourn at 9:50 A true record, Attest: Exec . S es s . v Prine.ipa.l Clerk r- d ' SELECTMEN'S MEETING f November 14, 1983 s A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, November 14, 1983, at 7:30 P.M. Chairman Crain, Mrs. Battin, Mr. Politi., Mr.. Sacco, Mr. McLaughlin; Mr. Hutchinson, Town Manager; Miss Adler Assistant to the Town Manager; and Mrs. Snow, Principal Clerk, were present. The Chairman convened the meeting and opened the hearing on the petition Public of Boston Edison Company for installation of conduit at Bedford Street. Hearing Edward F. Chisholm was present to represent Boston Edison Company. Boston Edi• A public hearing was required and all abuttors notified. son,Bedfor+ The Chairman read the recommendation from the Director of Public Works/ St.conduit Engr. that approval be granted in order to provide electric service to New Office Condominium, 240 Bedford Street. No one appearing in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant the petition of the Boston. Edison Company for installation of approximately 10 feet of conduit in the following location: Bedford Street - northwesterly approximately 740 feet southeast of Valley Road, a distance of about 10 feet - conduit. Cornelius Cronin . made . presentation of an inscribed gavel, made from N. Cronin elmwood from the Battle Green; to Mr,'Crain, who will be retiring from the gif t to Board of Selectmen on December 1. The gift was given in acknowledgement of Mr. Crain his service to the Town as.a Selectman from 1978 to 1983. Mr. Crain accepted the. gavel with appreciation to Mr. Cronin for his thoughtful gesture. Upon motion duly made 'and seconded, it was voted to authorize prepara- Proclama- tion of a proclamation designating 1983 to 1992 as the ".Decade of Disabled tion,Decad( Persons", for signatures of the Board on November 21, of Disable( Mr. Hutchinson was requested to report on possible candidates for Persons appointment as liaison to the. National - organization on Disability, for action at that meeting. The Board's consideration of these two matters has been requested by letter to the Board from the-U. S. Conference of Mayor's. Mr. Hutchinson reviewed his proposed criteria for unaccepted street Unaccepted policy: street a. Safety /financial considerations policy b. Corridor development c. Impact. upon. greatest number of:households and noted need -to address the concerns frequency of submission of peitions and modification of.road standards in certain instances. He looked for direc- tion from the Board. before ping into street hearings on current petitions, as well as guidance for future street issues. Mrs. Battin suggested ,review of the Planning Board's recommended criteria x• -2- to rank unaccepted streets, so as to ensure the incorporation of all points in the proposed policy: Improved access for safety Improved routes for internal neighborhood traffic Improved departmental operations .�.r► Cost of f ectiveness Improved access to public facilities Coordination with other projects Improving access for other Town objectives Environmental effects. She noted that all the Planning Board's recommended criteria appear'to be generally categorized under the three listed by Manager, but asked that each item be specifically incorporated in the policy, Mrs. Battin pointed out that financial consideration is an element of all the criteria. She also stressed the importance of Planning's recommendations that each project be looked at not only from the standpoint of cost effective- ness, but also with respect to environmental effects and that, if possible, street construction projects be coordinated with other Town projects i.e. water/ sewer construction. She requested that these points be included in the policy. In answer to Mr, Sacco, Mr. Hutchinson said that his proposed criteria are listed in order of priority. Based upon that, Mr. Sacco questioned the fairness of application of these criteria in cases of long --term petitioners who have been denied for financial reasons, but with the understanding that their projects would eventually be accomplished. Now, with financial considerations as a primary consideration, it is possible that some of these ' streets 'will new be constructed. Mr. Hutchinson..said that having such a policy as a, basic guideline would make it easier to address these issues and, in some cases, in fairness to peti- tioners, to tell them not to expect their street to be moved on. Mr. McLaughlin further pursued the issue of long -term petitions and, in that regard, said that though he had no qualms with the policy as a working guideline on a temporary basis, he felt it would be useful to have a 5 -- 10 year projection of what remains to be done. He said he would not be comfort- able in acting on a substantive change in policy at this point in the absence of a review of the inventory of unaccepted streets. He felt that a long -range plan should be developed, as was done with sewers. Mr. Tonaszuck will provide such a listing, which he said has been prepared by the Engineering Dept, Mrs. Battin requested that the guidelines provided by the Manager be used for the current year, with the points she had listed earlier subsumed. The Town Manager said the Planning Boards recommendations are consistent with those he has proposed and that he had assumed those givens. She also requested that the unaccepted street inventory long -range plan be provided as background for a longer term policy. Mr. Hutchinson recommended application of the proposed criteria as an over- all policy guideline for this year's petition streets. He said the policy would fill the need for general guidelines in approaching these requests and that any recommendations made by him would be based on the policy. Upon motion duly made and seconded, it was voted 4 to 1, Mrs. Battin voting in the negative, to table action on the policy for unaccepted streets to the meeting on November 21, following review of unaccepted street priority infor- mation to be provided by Mr. Tonaszuck. Selectmen Meet in November 14, 1983 Regarding pedestrian improvements for Lexington Center, Mr. Hutchinson Crosswalk �► reported that the Town of Concord has not had substantial problems with signs respect to vehicles. hitting crosswalk signs installed in its Center, but noted theft of the signs in a couple of instances. In response to the Board's request on November 7, Mr, Tonaszuck reported that his reseach had revealed no standard designs to differentiate cross - walks at traffic lights-from regular . . He referred to his plan showing installation of; signs. in the Center - two in mid -road and five on.existing poles. As suggested by Mr. Sacco, the mi -- road signs will be installed at points midway between crosswalks, rather than at -the edge of the crosswalk path so as to minimize army screening effects caused . The signs will be installed semi- permanently in the road to allow for removal for occasions such as parades. Upon motion duly made and seconded, it was voted to approve the installa- tion of crosswalk warning signs in Lexington Center on an experimental basis. Report on the effectiveness of' ' the installations will be given to the Board in 90 days. Upon motion duly made and seconded, it was voted to approve the request Bids on of the Town Manager , : as recommended in a memorandum f roam the Fire Chief dated Fire Dept. 11[9/83, for award to the highest bidder for purchase of the Fire Department pick -up 1972 International pickup truck to Gerard Gilkie in the amount of $1 truck The Manager advised that provision of Blue. Cross /Blue Sheld organ trans- organ plant insurance could be extended 'to Town employees for a cost of $10,000, transplant and recommended Town expenditure for the coverage. He noted that the related insurance costs of one incident involving such need could far exceed the amount of the premium and that many other communities have subscribed to similar plans. He brought out that costs f -or such coverage will not remain at this price for long and that is should be made clear to employees that the Town may not be able to continue to underwrite it due to expected escalation. Upon motion duly made and seconded, it was voted to approve the provi- sion of organ transplant insurance to Town employees, as recommended by the Town Manager., Mr. Hutchinson requested that discussion of the petition of North Street DiGregorio residents for measures to deal with alleged vandalism and other disturbances Willard in Willard Woods be deferred to a future meeting to which the petitioners Woods will be invited. Mr. Hutchinson referred to a letter from Robert Nasson, 44 Golden Avenue Nasson who has been billed for charge in lieu of sewer betterment for sewer in Golden Ave front of his property. Mr. Nasson disputes the Lexington charge based on sewer line his premise that since the sewer connection was made by the Town of Arling -' ton, the Town has no responsib lity for his sewer line. He requests to be again heard by the Board on the.matter. Mr. Hutchinson pointed out that Mr. Nasson was given the opportunity to present his views to the Board, and that he has been billed for the lieu of betterment charges as voted by the.Board. He is required to pay the charges. The members concurred that Town Counsel be requested to respond to Mr. Nasson 's correspondence. Acting Upon motion duly.made and seconded,.it was voted to approve the appoint - Exec.Clerk meat of Marion H. Snow as Acting Executive Clerk of the Board of Selectmen, during the period of illness of Beatrice M. Casey, Executive Clerk, Upon motion duly mad ments by the Town Manager terms to expire in 19 Gladys Scanlon Teresa Partlow Margaret Moreau e and seconded, it was voted to approve the appoint - to the Council on Aging of the following, f or 62 Ledgelawn Avenue 7 Tavern Lane 83 Meriam Street N. Lex. Road improvements Mr. Hutchinson reviewed a letter from the State DPW District #4 Office on comments of the Federal Highway Administration on the most recent con- ceptual plan for improvements to Bedford Street and Hartwell Avenue. The State DPW requested Lexington's response to the FHA by submission of a revised design concept plan that addresses the recommended changes. The following reasons for non - acceptance were listed by the Transporta- tion Systems Center: 1. Inappropriate realignment of the Rte. 128 southbound off ramp 2. Hazardous and undesirable traffic situation caused by the proposed median opening and opening to Eldred Street 3. Inadequate width of the frontage road 4. Elimination of the Eldred Street intersection will require that the frontage road between Bedford Street and the Armory be made 2 -way. This would allow for hazardous wrong --way movements at the slip ramp proposed, and therefore the slip ramp must be eliminated. 5. To compensate for the above changes and to allow for a u -turn move- ment, a protected left turn median opening could be provided. 6. The proposed pedestrian overpass would not appear to be justified. Final judgement on this item will be witheld pending department investigation. Mr. Tonaszuck noted July, 1983, State approval of the design concept which had cleared the way for FHA review, He introduced Richard Cooke, Boston Sur- vey Consultants, who briefly reviewed the Town's March 1983 plan and addressed the FHA comments on that plan as listed above. He pointed out that a plan incorporating all FHA redesign requirements would significantly change the plan as agreed to by State and local officials, residents and industry in the North Lexington area, and would trigger a chain of other alterations. He outlined a plan, modified to a considerable extent, in response to FHA comments. This revised plan showed: a. No median break at the Bedford Street median for access to left turning vehicles for Eldred Street. b. Median between frontage road and Bedford Street at Eldred Street modi- fied to accept westerly traffic from Bedford Street to Eldred Street only. c. Retention of slip ramp accessing traffic onto a one -way segment of the "Moo -5- Selectmen's Meeting November 14, 1983 frontage road for reverse direction traffic to destinations on South side -of Bedford Street. d. Retention of original pedestrian overpass.concept. e. Modification in Route 128 ramp alignment closer to existing. f. Item e. places frontage road connector from Ivan Street to Bedford Street in proximity -to ramp necessitating a retaining wall. Front- age road in this area is proposed as one -way clockwise Mr. Tonaszuck proposed 'bringing. this plan before the State DPW for review before submittal to the Federal Highway Administration. The Board concurred with Mrs. Battin's suggestion that the modified plan be presented to residents and industry in the North Lexington area at a Selectmen's meeting. She felt the best procedure would be to gain input from local sources and other Town Boards prior to submission of the plan to State and Federal officials. She referred to assurance given to Town Meeting that all plans implemented would not be altered significantly from those agreed upon by all concerned. Efforts will be made to schedule a special meeting on Tuesday, November 29, for this purpose. The Board discussed concerns raised at the November 12 meeting of the Muzzey Muzzey negotiating sub - committee regarding income /assets qualifications in Negotiatin; the buyer selection process; the Town's right of first refusal in resale of Committee units; Town substitution of boyers in the list of the first 18 buyers of restricted units if eligible applicants do not follow through. Mr. Politi reported ont points brought up at that - meeting as follows: A desire to look at assets, as well as the income of prospective buyers and decision to recommend requirement of affidavits regard- ing assets /income for the past two years. To recommend that attention be given to the commitment to Town Meeting regarding mixed income qualifications, reaching both Class 1 and 2 priorities and to j Justify any departure from that commitment. Regarding resale of units, the Town's rights as a potential buyer should be protected. Can the Town obtain the right to assign its rights of first option to purchase to qualified applicants? Question of whether the Town can purchase units in addition to the maximum of to originally agreed upon. If any of the first 28 eligible purchasers of restricted units does not actually buy the unit, the Town should be able to substitute. I= It was agreed that David Rogers, Palmer & Dodge, will be asked to meet with the Board at 7:00 p.m, preceding the regular meeting on November 21 ,, . for review of the abovelisted issues. Mr. Eddison's suggestion on behalf of the TMMA Executive Committee to " reschedule the first business session of the 1984 Town Meeting from April 2 to March 26, to accommodate Passover and the school vacation, will be taken under advisement. x Mr. Cohen requested signatures of the Board on partial release of res- trictive covenant to allow installation to two skylight windows by Mr. & Mrs. Luhrs in their Hancock School Condominium unit, as voted by the Board on November 7. There was no executive session. Upon motion duly made and seconded, it was voted to adjourn at 8:50 P.M. A true record, Attest: � � r V , A ting Executive Clerk f ,t M f SELECTMEN'S MEETING r November 21, 1983 Y: i r r OM A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town office Building on Monday, November 21, 1983, at 7:00 p.m. Chairman Crain, Mrs. Battin, Mr. Politi, Mr.. Sacco, Mr. McLaughlin; Mr , Hutch- inson, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to. the Town Manager; Mrs . 'Snow,. Acting Executive Clerk, were present. Upon motion duly made and seconded, it was voted 4 -- 1 by roll call Executive vote, Mr. Crain,_ Mrs. Battin, Mr. Sacco, Mr. McLaughlin in the affirmative Session and Mr. Politi in the negative, to go into Executive Session for the pur- pose of discussing the transfer of real estate. Following discussion, the open meeting was resumed. Mr. Hutchinson briefly reviewed the complaints as stated in a petition Willard wood from residents living near Willard woods regarding noise and vandalism. He reiterated his view that relocating of the gate at the entrance to the Woods. would be inaprop riate. He acknowledged that the parking area does allow space for a large number of cars and noted reports of the. Conservation Commi- s ion, D.P.W. , Recreation Committee and Police Department which have recog- nized the concerns that have been raised by the residents. He reported on the suggestion of the Conservation Administrator that several boulders be placed at a point in the parking area to limit access to one car width. Beyond that, he felt it inappropriate to take any steps which would result in denying use of public land. He noted that the Police log does not reflect the level of disturbances reported in the petition. It was the consensus of the Board that the Town Manager be authorized to inform the petitioners of the plan for installation of boulders for partial limitation o f access to Willard Woods, to proceed with the plan and to arrange for increased police coverage of the area. Upon motion duly made and seconded, it was voted that the years 1983 Proclamatior to 1992 be proclaimed as the "Decade of Disabled Persons" as requested by "Decade of the United States Conference of Mayors. Disabled The Town Manager will present his recommendations for candidates as Persons" liaison to the Nation organization on Disability in two weeks. Upon motion duly made and seconded, it was voted to grant the request K. of C. of' the Knights of Columbus for extension of hours under its Club All Alco- extension of holic Beverages License, as follows: hours Wednesday, December 7, 1983 to 12:00 Midnight (Christmas Party) Saturday, December 3, 1983 to 1:00 a.m. (Christmas Party) Saturday, December 31, 1983 to 1:00 a.m. (New Years Eve) Upon motion duly made and seconded, it was voted to grant the request Sheraton/Le: of the Sheraton/Lexington Motor Inn for extension of hours under its Inn- Motor Inn keepers All Alcoholic Beverages License to 1:00 a.m. on New Years Eve, extension o: December 31, 19830 hours �a -2- Flaherty/ Mr. Sacco briefly reviewed the Flaherty /Torf f Dog Hearing held on To rf f Dog November 15, and, based upon Mr. Torf f ' s apparent cooperation and diligence Hearing now evidenced in restraining his dog,, recommended that Mr. Torf f be ordered to continue to ensure that the dog is confined to his property. Upon motion duly made and seconded, it was voted to order that the dog owned and kept by Bruce Torf f is to be kept confined to his property a t all times by some method of restraint, which must be installed within ten days of the date of the order. 1 -day Liq. Upon motion duly.made and seconded, it was voted to approve the request Lic . Ste, of St. Brigid' s Parish for a one -day Liquor License for a dinner dance to be Brigid' s held on December 3, 1983, by the Paulis t Fathers, 1 -day Liq . Upon motion duly made and seconded, it was voted to approve the request Lic . W.R. of W. R. Grace & Company Recreation Association for a one -day Liquor License Grace & Co. for a farewell party to be held on November 22, 19830 Liq . Lic . 1984 Renewals Upon motion duly made and seconded, it-was voted to approve renewal for the year 1984 of All Alcoholic Beverages Licenses for the following: Vinebrook Corporation Busa Brothers Liquors, Inc. 1775 Wine & Spirit Shop LeBellecour Restaurant Peking Gardens Restaurant Yangtze River Restaurant Knights of Columbus Lexington Golf Club Middlesex Racquet & Swim Club Arty's Restaurant 55 Bedford Street 131 Mass. Avenue 1775 Mass. Avenue 10--12 Muzzey Street 27 -31 Waltham Street 21 -23 -25 Depot Square 177 Bedford Street 55 Hill Street 475 Bedford Street 177 Mass. Avenue Common Vict. Upon motion duly made and seconded, it was voted to approve the appli- Lic . Putnam cation of Putnam . Pantry Ltd. #3 d /b/ a Putnam Pantry, 1666 Massachusetts Pantry Avenue, for a Common Victualler License, with hours from 9 a.m. to 11 p.m., seven days a week, to expire on December 31, 1983 Fernald Sch. The request of the Dept. of Mental Health, Walter E. Fernald State Sewer/Water School, for issuance of water and sewer permits prior to payment of out- standing water and sewer betterments, was reviewed. Letter from Attorney David R. Roulston explained that the charges had been deferred in 1981, and now the construction of an intermediate care facility to be located-on the grounds will cause the charges to become due. He requested that-water and sewer permits be issued for the project prior to payment of the deferred charges. He stated that even if the Commonwealth is legally obligated to pay the assessment, the time frame for processing the check in payment would delay construction beyond the time when the ground has become frozen, making it impossible for the project to continue. The question o f the responsibil- ity for payment will be explored by the State Legal Department. It was agreed that the project should be allowed to go forward but that a representative of the State should appear before the Board to present the request. Mr. Tonaszuck pointed out that street openings have generally not been allowed after December 10, and noted urgency to resolve the matter. Upon motion duly made and seconded, it was voted to table action on the request of the State Dept. of Mental Health to November 28. The State will be requested to have a representative attend that meeting for further dis- cussion of the matter. 3- Selectmen's Meeting November 21, 1983 Upon motion duly made and seconded, it was voted to approve the minutes Minutes of the Selectmen's Meeting of October 24, 1983.. Mrs. Battin who had not 10/13/82 been present at that meeting, abstained from voting. The Board reviewed correspondence from Robert L. 4ssman on behalf of Wachusett the Wachusett Drive Association, in which he requested installation of some Drive type of auto barricade at the dead ' end of Wachusett Drive as well as a sign safety con - warning that the street -ends immediately beyond the crest of a hill. cerns Upon motion duly made and seconded, :it was voted to refer the request of the Wachusett Drive Association to the Traffic Safety Advisory Committee for its review and recommendations. Mr. Crain extended - congratulations on, behalf of the Board to Mr. Hutch- inson who has been recently elected as President of the Mass. Municipal Association. Mrs. Battin noted additional recognition accorded to Lexington and Lex- in.gtonians 'at the Massa.chu.setts Municipal Association meeting; the' second place award for the 1982 Town Report in the annual contest; Rep. Doran having been named as one of five ''Legislators of the Year" and an award to the Town for the best record for workplace safety.. Mr. Hutchinson presented a revised street acceptance schedule, amended Street so as to avoid conflict with the Martin Luther King holiday. The January 16 Acceptance date for the vote to layout public ways was changed to January 23. Schedule Mr. Hutchinson referred to the updated classification of unaccepted Unaccepted streets, based upon. 1980 criteria which had been distributed to the Board, Street and reviewed the proposed revised criteria for street acceptances presented policy previously: a. safety /financial considerations b. corridor development c. impact upon greatest number of households He noted that the long- range.plan for the inventory of unaccepted streets, based upon the proposed criteria was not ready for the Board's review. He , proposed that -he submit his recommendations on FY':85 street acceptances based on the guidelines of the new criteria at the January 23rd meeting, when the vote to lay out streets is taken and requested its adop- tion. Mrs. Battin said that she intended to move to adopt criteria a., b.., and c. as proposed, with the following additions, to reflect. the recommendations of the Planning Board: Section a. Drop the words "financial considerations" Section b. Add after "corridor development" the words "and internal neighborhood circulation; improved departmental operations; improved access for other Town objectives*" Section c. Add after "impact upon greatest number of households" the words "including improved access to public facilities." She would also move to add the following: "In each case, financial and environmental impact shall be considered and, where possible, all street construction projects coordinated with other Town projects such as water and sewer construction." She pointed out that in her proposed revision, "financial considera- -4- tions" would apply in every instance to all three criteria items. . Mr. Politi recommended deferral of final adoption of a policy until the Board had reviewed the abovementioned listing of streets by category and priority under the new criteria and would have the benefit of addi- tional public input. Mr. McLaughlin said he would like to see the Town�Manager use the proposed criteria as a guideline in preparation of his FY'85 street recom- mendations, moving toward, but not formally adopting the new policy until the list, with the new criteria applied, has been prepared. Upon motion duly made and seconded, it was voted 4 to 1, with Mrs. Bat - tin voting in the negative, to table action on the adoption of the policy on unaccepted streets to the January 23, 1984, meeting. Ch.90 Reim- Upon motion duly made and seconded, it was voted to sign Form HED -454 bursement Chapter 90 Reimbursement Request #1 and Final Report for Contract #84 -1-E, Forms Resurfacing, as requested by the Director of Public Works and Engineering. Mr. Tonaszuck reported that the D.P.W. has completed 18,000 feet*.of resurfacing and that the Town is now eligible under Chapter for 75 per- cent reimbursement for this project, in the amount of $129,450.53. Extended Upon motion duly made and seconded, it was voted to authorize the Town sick leave Manager to grant a 30 -day extension of sick leave, from October 28 to Decem -- Silva ber 13 1983 to Police officer James Silva. Salary Ad- Upon motion duly made and seconded, it was voted to approve adjustment justment of the salary of Marion H. Snow by an increase.of 10% during the period in Snow which she serves as Acting Executive Clerk.. Conflict of Mr. Cohen reported on several requests for his opinion by members of Interest Town committees regarding their positions in reference to the conflict of interest statute. He recommended classification of certain individuals as If special employees. " Exec.Session Upon motion duly made and seconded, it was voted by roll call vote - Mr. Crain, Mrs. Batt Mr. Politi, Mr. Sacco, Mr. McLaughlin, to go into Executive Session for discussion of matters of litigation, with no inten- tion to return to open session. Upon motion duly made and seconded, it was voted to adjourn at 8:46 p.m. A true record, Attest: t Acting Executive Clerk SELECTMEN'S MEETING November 28, 1983 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, November 28, 1983 at 7:30 p .m . Chairman Crain, Mrs. Battin, Mr. Politi, Mr. Sacco, Mr. McLaughlin; Mr 4b Hutchin- son, Town Manager; Mr. Cohen, Town Counsel; Miss Adler, Assistant to the Town Manager and Mrs.. Snow, Acting Executive Clerk, . were present* The Chairman opened the Public Hearing on the application of Sidney Noyes Muzzey Anderson, Inc. for Special Permit for the conversion of the Muzzey Jr. High Jr. High School to 71 moderate income condominiums and a Senior Center. School Conversion Planning Board Chairman Smith reviewed her Board's report and recommend- public ations on the.proposed development, dated November 28, 1983, as required under Hearing Sections 3.4 and .9.3 of the Zoning By -Law With respect to site planning, the Planning Board concluded that the proposal constitutes .a suitable. development and will not result in substantial detriment to the neighborhood. Regarding the development plan and the literature and commitments that are part of it, the Planning Board recommended attention concerning the following points: Waivers by the Town Waivers. by the .Muzzey Administrator Rental Restrictions Average Base selling Price Substitution - Addition of qualified buyers Return of Reservation. Deposit Maximizing purchases by "priority income" households Statement of Purpose A zoning analysis, provided in the report, was reviewed. Zoning provisions listed with each item comparing features of the proposal and related zoning. requirement. Site analysis referring to subjects cited in Section 3.4 as follows, was outlined: Placement of Building Major Topographic Changes Surface and Groundwater Drainage and Erosion Control Protection against flooding and inundation Prevention of Water Pollution environmental damage Provision for adequate utility services.and disposal Provision for off - street parking and loading Location of intersection of driveway and street Effects of traffic created by the development Mr. Crain read a memorandum, dated November lo, 1983, from Peter F DiMatteo, Building Commissioner, in which he generally approved parking provisions but suggested that additional small car spaces be required. Id w Mr. DiMatteo further stated that the building appears to meet all aspects of State Bldg. Code requirements. Letter from the Recreation Committee, dated November 12, 1983, was read. The Committee raised a concern relating to potential usage of the proposed grass and tree area adjacent to the driveway and advised that the boundary line be moved in 15 feet or in the alternative, that a covenant be placed ■..O over the area to prevent any further development of the property. Letter from the Conservation Commission, received November 22, 1983, was read. The Commission noted need for measures to dissipate the energy of stormwater runoff to the rear of the property; recommended adjustment of to to 15 feet of the southerly property line adjacent to the playing field so as to enhance the remaining town land; advised additional plantings for visual buffering of the parking areas; and recommended requirement for details of the proposed plantings on the site plan. Mr. Crain read request from the Board of Trustees of Russell Square, dated November 23, 1983, that the plan for the Muzzey development be changed so as to limit the use of the driveway abutting Russell Square to service vehicles only and to institute instead, two -way traffic on the other side of the school building for normal auto entrance and exit purposes. A brief question and answer - period on various points raised by the audience followed, This included questions from Mrs. Rawls regarding the structure of unit price increases; remarks by Mr. Wildes, Russell Sq. condominiums, reiterating points raised in their letter i.e. concerns for public use of the area and for Russell Sq.' residents because of Exhaust fumes, noise, hazards with the current traffic plan. Mr. Bussgang asked for information on matter discussed at the November 12 meeting of the Selectmen's negotiating sub - committee and brought up points regarding mortgaging financing, asset tests, substitute buyers. It was noted almost all his concerns had been met or were moving toward settlement. Regarding the substitution of buyers issue, Mr. Hutchinson and Mr.'Cohen had reached a consensus that this could be accomplished by waiving the restriction, which the Town has a right to do. Mr. McLaughlin asked if the Russell Sq. issue must be resolved at this time or if it could wait for future action by the condominium association or Traffic Safety Advisory Committee. Mrs. Smith noted the concern that the need to widen the driveway on the southeast side of the building to accommodate 2 -way traffic would encroach on space which was near the larger family units which would be located there. Discussion followed regarding allocation of the 2- and 3- bedroom units to families with children. Mr. Hutchinson noted application of a single person for a 3- bedroom unit which he felt was inappropriate and refused to accept. He said those with families should have first priority and although the issue is not resolved, it appears that larger units will be sold to those with children. Cases will be dealt with'on a one to one basis. "no 4 � - 3 - The concerns of the Planning Board's Housing.Needs Advisory Committee, regarding need for guidelines for first and future sales were brought up as well as the Planning Board's recommendation for a clearly stated Statement of Purpose to insure that�the project will.remain a Town Program. Mrs. Rawls was critical of the process of the signing of the Land Disposition Agreement before opportunity for review by involved Town agencies who had cooperated throughout the process. Mr. McLaughlin. suggested a run - through of Planning Board suggestions with responses on each by Mr. Noyes. Mr. Cohen noted that consensus seemed to have been reached on almost all items and suggested that attention be given only to those on.which the Selectmen had varied views; . the driveway issue .Recreation/ Conservation recommendation for 10 - 15 ft. adjustment of the southerly property line • Mrs. Rawls concern regarding a loophole relative to the $5,000 increase in price following initial purchases of units .Assets Tests The Planning - Board's recommendations were reviewed as follows: Waivers by the Town The Planning Bd- believes that the limitations on maximum income of buyers and the restriction on the resale price of units are so funda- mental that they.are substative changes that should not be waived. If difficulties are encountered with FNMA or FHLMC, the P1. Bd. , urges the developer and the Town to actively seek other commitments for permanent mortgage.financing. If it becomes necessary to modify the procedure currently anticipated, it is recommended that a process analogous to a public hearing by the Board of Selectmen be conducted and that at least the Planning Bd. and Town Mtg. members be notified of the proposed changes so that they may make recommendations as appropriate. If all approaches have been exhausted and it appears that the development would proceed without its key elements, i.e., the limitation on maximum income and restrictions on resale value, the disposition of the building should be referred again to the Town Meeting for direction. The Board concurred with this recommendation. Ren tal Restrictions There was consensus. with the Pl. Bd. recommendation to -adopt written guidelines for the temporary use of all units, both restricted and un- restricted, for rental purposes on a temporary basis. It was suggested that rentals, during the absence of an owner, should be for not less OM than b months, nor more than.two years, and that efforts should be made to encourage rental by person meeting the same maximum income guidelines as apply to buyers Average base selling price The Board concurred with the Planning Board's position that the average -4- selling price of units remaining after pre -sold units should increase by $5,000 at each of the stages. Substitution/addition of ualified bu ors: Concurence with Planning Board Stand: In the offering of the V.Nr 21 pre -sold units, in the event that the first 28 persons in the it priority income" range are not all able to obtain financing commit - ments, then other persons on the buyer list in the "priority income" range should be "substituted" by being advanced, by their order on the buyer list, until all 28 units have been sold to buyers on the "priority income" list. Also, it was recommended that in the event the list of applicants in the priority income range becomes exhausted, additional townspeople within the.income r -ange should be encouraged to apply based on a public notification -- solicitation process. Return of Reservation Deposit* It was noted that a definitive statement has been recorded with respect to return of deposit- if a prospective buyer is unable to obtain financing within 30 days. Maximizing Purchases b " riorit income" households: There was agreement with Pl. Bd. recommendation that preference be wherever possible to households who meet the 'priority income" guidelines regarding the 28 pre -sold units. Statement of Pur ose: There was concurrence with the P1. Bdo recommendation that a Statement of Purpose be developed against - which subsequent administrative actions can be measured. It was sug- gested that a group should be appointed, to prepare such a statement which would reflect the intent of the Town Meeting which approved the project, to include Town Meeting members and others present at that meeting. Mr. Politi offered to work on the statement to accompany the Special Permit. Mr. Shaeffer said he would prefer that the statement not be included in the text of the deed, Mrs. Rawls, on behalf of the TMMA, noted that the Planning.Board's suggested outline.of the Statement of purpose does appear to reflect the sense of the Town Meeting. There was consensus to attempt to draft a statement. It was agreed that where it will be included could be decided upon at a later time. It was suggested that it could appear in the minutes of the Selectmen's Meeting or in the Charge to LexHAB. In agreement with the Planning Board, the Board concurred that the driveway design and traffic pattern as proposed by the developer is most feasible. Regarding the matter of the adjustment to the southerly boundary, as sug- gested by Conservation and Recreation, it was felt that 15 feet, one way or } 5- another, did not constitute an issue. In addidtion it was noted that the Plan had already been endorsed by.the Planning Board. Mr. Noyes said he had no problem with the Recreation Committee's suggestion for a restrictive covenant over the green area adjacent to the driveway With respect to the Conservation Commission's recommendation for a detailed landscaping plan, Mr. Noyes noted that this information is shown on the site plans. He added that he had not planned on plantings to screen the parking area from Mass. Ave. and Munroe Cemetery. Mrs. Dratch stated her-position strong favor of an Asset Test, as insurance that the experience with Hancock School development would not be repeated. Mrs. Smith said the Planning Board had not discussed the issue of Asset Tests for Muzzey and had taken no position on the matter Mr. Noyes pointed out that the original proposal was based on provision of housing to the asset rich/.income poor�and noted Town Meeting acceptance of income restriction but not asset restriction. He asked that no changes be made in the - original agreement or :the - .ties at - :time. Mr. Crain recalled the intent that the elderly income poor but asset rich because of ownership of hones were to have been considered a target group and suggested a review of Town Meeting proceedings at the time of approval. Mr. Politi also recalled that that issue had been raised regarding the - elderly and that they should be a primary consideration. He added that he had no - recollection of mention of eliminating anyone with need, but had heard of a desire to make sure those in need were taken into consideration. He would prefer to weed out the unworthy applicant for the benefit of the needy. Mr. Crain pointed out that asset tests could possibly eliminate the elderly in such situations from eligibility and expressed concern with taking on the burden of Asset Tests. Mr. Polit -i said that although difficult to draft, Asset Tests had not been precluded by Town. Meeting and felt that effort should be made toward making them work. Mrs. Rawls noted that Town Meeting did not vote for Asset Tests and, even though she sees their would hate to go back on that. Regarding Mr. Noyes' comment on changing of the rules, Mr. Politi noted that this is an ongoing process with opportunity to modify at the Town's discretion. He said it is within the Board's right to issue conditions and reiterated his position in favor of Asset Tests, which he regards as an addition, not a change. Mr. Schafer said he considered inclusion of Asset Tests as a substantive change and, in his opinion, not fair at this stage of the game. .: -6- Z Mr. McLaughlin said he saw value in the net worth test, but had doubts if they would be administratively feasible. He asked establishment of a formula for a figure i.e. two or three times the value of the unit to be purchased. He asked for specific suggestions on net worth limits. Mr. Crain said he was apprehensive about the concept and troubled about %moo changing Town Meeting votes: Mr. Politi made a motion that the Board vote a consensus on requiring a net worth review. The motion was seconded by Mr. McLaughlin for purposes of discussion. Mr. Politi referenced Dana Home's procedures with requirement for an affidavit and recommended making it part of the process. He was no sure it would be necessary to set a fixed guideline regarding maximum net worth amounts, as some would clearly fall outside the limit. Mr. McLaughlin asked Town Counsel if it would be arbitrary behavior to re- ject applicants without specific written guidelines being developed. Mr. Politi referred to the Hancock School process and lack of eligibility requirements in that process. He noted an incident concerning an inappropriate purchase which took place and said he would not want to see that sort of reoc -- curence. The vote on Mr. Politi's motion was 3 to 1 in the negative, with Mrs. Battin abstaining. The motion did not carry. Regarding the Building Commissioner's recommendation concerning provision of 40% small car parking spaces, Mr. Noyes said he could readjust to accommodate. The Planning Director and Building Commissioner are to work with the developer on this aspect and inform the Board as to whether a variance will be needed. Regarding eligibility for 3- bedroom units with respect to family size, the issue is to be decided upon at a future time. Mr. Cohen asked for a sense of the Board as to approval of the Special Per- mit . Motion was made and seconded to generally approve (to demonstrate an intent to approve) the Special Permit for the conversion of the Muzzey Jr. High School, subject to agreement on and preparation of final wording of conditions. Mr. Politi stated that he felt strongly about the requirement for an Asset Test and would vote against the motion as stated. Mr. McLaughlin proposed modifying the motion to indicate intent to. take action to approve a Special Permit pending preparation of wording, and subject to terms and conditions being agreed upon, and he so moved. The vote on the motion as proposed by Mr. McLaughlin was 3 -- 2, with Mrs. Battin and Mr. Politi voting in the negative. IWA Selectmen's Meeting November 28, 1983 Mr. Cohen said that since at least a 4 to 1 vote would be required for approval of a Special Permit, the vote had the effect of denying the Special Permit. Mrs. Battin asked that the vote be rescinded as she had not intended denial of the permit but would -have pref erred that the Board not take a stand until the wording of the special permit had been worked out. Upon motion duly made and seconded, it was voted to rescind the vote on Mr. McLaughlin's motion. Motion was made and seconded for purposes of discussion to adjourn the hearing and to take the matter under advisement. It was noted that this meeting was the last to be held with the presence of a 5•- member Board* It was voted 4 -.1 against adjournment of the hearing., with Mr. Politi voting in favor of the mot ion.. Upon motion duly made and seconded, it was voted.to grant the Special Permit for conversion of the Muzzey Jr. High School to. 71. moderate income con - dominiums and a Senior Center to Sidney Noyes Anderson, Inc., with a final vote to be taken after working out the specific language of the Special Per- mite Mr. Politi asked for clarification of procedures regarding requirement for subsequent action of the Board and four affirmative votes to approve following preparation of the wording of the permit. He was told that a vote will be re- quired. Mr. McLaughlin noted.that Mr. Pol.iti's primary objection is the Asset Test issue, which will not be addressed in the Special Permit, as was indicated by the 3 -- 1 - 1 vote on the matter, The hearing was declared closed at 9:50 p.m. Mr. Hutchinson informed the Board -that at the meeting of the Mass. Muni- Safety cipal Association, Mrs. Battin had accepted an award which recognized the Town Award of Lexington as having the best overall workplace safety record. The cer- tificate was presented in conjunction. with the Town's Participation in the Mass. Inter-local Insurance Association's non - profit workers' compensation program. Susan Adler, coordinator of the workers compensation program, introduced DPW Safety Committee members Joe Medlin and Robert Fogg and complimented them for -their part in the implementation of the Town's safety program. Upon motion duly made and seconded, it was voted to approve applications Liquor Lic for renewal of All Alcoholic Beverages licenses for the following: renewals Versailles Restaurant Sheraton /Lexington Motor Inn for 1984 BelCanto .Restaurant Lexington Liquor Mart Cory's of Lexington Lexington Lodge of Elks, #2204 -g- Sharkey/ Mr. Sacco reported on the Sharkey - Tringale Dog Hearing held on Novem- Tringale ber 22, 1983. He stated that, from evidence given, it appears that the dog Dog represents a hazard and is of vicious disposition. He recommended that the Hearing dog be permanently removed from the limits of the Town. ..rr Upon motion duly made and seconded, it was voted to order that the dog named "Ajax ", owned and kept by Vincent Tringale at 30 Winter Street, be removed from the legal boundaries of the Town of Lexington within ten days of the writing of the order. Traffic Upon motion duly made and seconded, it was voted to refer the request of item,Moore Bigelow Moore, 50 Hancock Street, for "Sound Horn" signs at the driveway exiting from the Pewter Pot restaurant parking lot onto Mass. Avenue, to the Traffic Safety Advisory Committee for its review and recommendations. Fernald David R. Roulston, Asst. General Counsel, Mass. Dept. of Mental Health, School was present to request granting of a provisional sewer permit, prior to pay - sewer per- ment of outstanding betterments assessments. Mr. Roulston's request had been mit discussed at the Selectmen's meeting on November 21. Mr. Roulston pointed out the need to proceed with the street opening prior to the freezing of the ground and delay in construction could lead to extensive financial penalties and reversion of State money allocated for the project to the General Fund. Regarding payment of the outstanding betterment charges, Mr. Roulston said that the Dept. of Mental Health will abide by the rulings of the Attor- ney General's Office, which is now researching as to whether the Department. is legally bound to pay the charges. Upon motion duly made and seconded, it was voted to approve the granting of a provisional sewer permit for the Fernald School, pending resolution of the question of the Dept. of Mentaa Health's obligation to pay outstanding sewer betterments in the amoundt of $2 ,349. Upon motion duly made and seconded, it was voted to authorize the Town Manager to offer for sale, by sealed bids, a surplus Fire Dept. rescue truck, with market value of $650. Leaf The Manager reported that bags of leaves, in unrestricted numbers, will pick -up be picked up by the refuse contractor during the week of December 12. The best wishes and appreciation of the Board for service to the Town during his tenure as Selecmtan were conveyed to, Mr. Crain by other members of the Board. Mr. Crain, whose resignation will become effective on December 1, will be moving to Gloucester. Meeting Mrs. Battin requested that in future, all members be informed in advance procedures of meetings of action to be taken and procedures to be followed to allow opportunity for proper preparation. She stated that there seemed to have been a breakdown of this process in the past few months. Mr. Crain reiterated that his policy had been to promote informed dis- cussion and that on the whole, this policy seemed to have worked out. Upon motion duly made and seconded, it was voted:to adjourn the meeting at 10:50 p.m. A true record, Attest: . .� 2�1r' Marion H. Snow Acting Executive Clerk ±, SELECTMEN'S MEETING November 29, 1983 00ft A meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town office Building, on Tuesday, November 29, 1983, at 7:30 p.m. Chairman Politi, Mrs. Battin, Mr. Sacco, Mr. McLaughlin; Mr. Hutchinson, Town Manager;. Miss Adler, Assistant to the Town Manager and Mrs. Snow, Acting Executive Clerk, were present. The Acting Executive Clerk convened tions for Chairman of the Board. Mr. Sacco nominated Mr. Stephen M. No other nominations were made and nominations closed. It was voted, 4 to o, to elect Mr. the meeting was turned over to him. the meeting and called for nomina- Reo rgani za-- t ion of the Board Politi for Chairman of the Board. the Acting Executive Clerk declared Politi as Chairman of the Board and Upon motion duly made and seconded it was voted to accept, with deep regret, the resignation from the Board of Selectmen of James F. Crain, effective December 1, 19830 Chairman Politi opened the public information session -on improvement plans for Hartwell Avenue and Bedford Street. He told the audience that the Board had previously been informed of Federal Highway Administration (FHWA) comments and reasons for non - acceptance of the road improvement submitted by Lexington and of the State DPW request for response by sub- mission of a revised design concept that addresses the FHWA recommended changes. He noted that a presentation of the revised plans will by made to the Planning Board for its comments prior to decision on submittal of a revised plan to State DPW and the FHWA. Resignation James F. Crain Traffic consultant Richard Cooke, Boston Survey Consultants briefly reviewed the originally submitted road improvement plan, recapped Federal Highway Administration (FHWA ).comments on it, which had previously been presented to the Board on November 14, and went on the -point out features of the original plan which would be changed to address FHWA concerns. Myron Miller, 46 Eldred Street, referred to FHWA negative position on 'the proposed overpass over Bedford Street. In response, Mr. Politi noted a prior commitment to inclusion of the overpass in implementation of plans for the project. Mr. Cooke responded that final judgement on the feature will depend on provision to FHWA of information to justify its implementation and satisfy the warrants. He noted difficulty in gathering_ and .. reporting data on experience with dangers of pedestrian crossing.of Bedford Street because it is so hazardous that it is seldom crossed on foot. The matter will be presented to FHWA and its good judgement will be relied upon to allow _the proposed overpass. Muryle. Anderson, 527 Bedford Street, questioned whether land takings on the residential side of Bedford Street opposite the cemetery will be necessary for road widening..,, Mr. Cooke ex- plained the tapered design for the street between Hartwell Ave. and the Bedford line, which will preclude takings outside the street layout. The paved area will be expanded 6 or 7 feet within the layout.. Robert Ludwig asked. if land taking would be necessry for the proposed connection to Ivan Street. -2 F � r Mr. Cooke said there would be some taking of undeveloped parcels. Proposed revisions, on the BSC compromise plan were shown by Mr. Cooke as follows: No median break at the Bedford Street median for access to left turning vehicles for Eldred Street, ...r Median between frontage road and Bedford Street at Eldred Street modified to accept westerly traffic from Bedford Street to Eldred Street only. Retention of slip ramp accessing traffic onto a one --way segment of the frontage road for reverse direction traffic to destination on the South side of Bedford St. Retention of original pedestrian overpass condept. Modification in Rte. 128 ramp alignment, closer to existing. Item e. places frontage road connector from Ivan Street to Bedford Street in proximity to ramp necessitating a retaining wall. Frontage road in this area is proposed as one -way clockwise. In response to Iris Wheaton' s request for clarification of access to Eldred Street off Bedford` Street , Mr. Cooke described routes as follows: from Lexington direction, proceed to the intersection, turn right onto the frontage road and back to Eldred. From Bedford direction, to Eldred, via turn at the signalized intersection at Hartwell Ave., frontage road and Bedf ord Street. Martin Haggerty, 301 Bedford Street said that he felt that for practical purposes, it appeared that Eldred Street would be shut off and vow the whole scenario would be worse than before. He asked if Bedford Street, widened to b lanes, could be aligned with the bridge over Rte 128. Mr. Cooke replied that the plan showed an alignment which would result in a smooth transistion. Catherine Abbott, 38 Eldred Street, referred to denial of traffic• lights at Eldred Street and questioned why lights had been allowed at nearby Hartwell Avenue. Mr. Cooke said decision had been based on the proximity of Eldred to the Rte. 128 interchange. John ward asked if emergency vehicles going from Lexington to Eldred Street would be required to.travel the route previously described. Mr. Cooke responded that efforts are being made to arrive at a resolution of that problem by a plan acceptable to all and was hopeful that the State and Federal officials would compromise on that point. Mr. Cooke answered questions by Mrs. Wheaton regarding 3 -phase traffic light sequence -. Regarding her question on turning radious needed for National Guard vehicles entering the Armory, Mr. Cooke said he felt that issue had been taken into consideration in the conceptual plan proposed. Mr. Cooke expanded on the type of data needed for justification of the proposed. overpass. He listed volume of traffic/frequent pedestrian crossing and high accident rate. He doubted that data on these aspects would prove to satisfy the warrant. Myron Miller said he felt that procedures for submission of plans to the State, subsequent return requiring revisions and resubmission were cumbersome and time consuming and advocated attendance by State and Federal representative at meetings such as tonight's for direct contact d -3- and understanding of the neighborhood concerns. Mr. Hutchinson responded that FHWA representatives had been invited to the meeting.but were unable to attend. Mr. Politi pointed out that the agreed upon strategy had been.to bring the proposed changes to the residents and to develop a common position prior to- resubmission to State and Federal agencies. Positions in opposition to deletion of the median cut at Eldred Street were expressed by several.residents. Roderick Baltz, Robinson Road resident and user of Eldred Street said it was not.'only the inconvenience - imposed by the proposed means of access, but the concept of Californization of the Bedford Street area he objected to. He brought up the 12 -gear old plan for the Hartwell Avenue connector goad and asked about plans for its implementation. Alfred Busa recalled that.12 years.ago, the plan was to go forward with both the Bedford Street /Hartwell Avenue plan the connector road. Environmental impact on wetlands, cost and the lack of knowledge of the scope of future- industrail growth had been contributory factors in the State disapproval of the connector. He note& that Bedford Street still needs improvement in any case and that this plan is considered to be thebest remedy for traffic problems for now. Regarding the status of the connector road plans, Mr. Tonaszuck said that the State & Federal agencies will-not allow additional internal interchanges at a point so close to the existing 128 interchanges. In response to Mr. Tonaszuck's statement suggestion was made by a resident to close off -the Rte 4 - 225-a ccess to Rte 128 and to.construct an access road from Bedford Street to connect with 128 at,the Rte 3 Middlesex Turnpike intersection. Roderick Baltz suggested that a 2 -way road over the former sanitary landfill site to Rte 128 could be built and which would relieve Bedford Street pressure Mr. Cooke pointed out feature on a plan incorporating FHWA comments including re establishment of the ramp to-128 and precluding the Ivan - Street connector. Ivan Street was shown ' as a cul --de --sac : Close of the median opening for both Bedford Street and between the frontage road and Bedford Street. Pedestrian overpass with bus stops on both sides of Bedford Street. .Signals at Hartwell Avenue and at U -turn area (which would not pre- clude continuation through traffic flow). Mr. Cooke noted.that if no overpass is constructed, a pedestrian crosswalk at the lights would disrupt traffic flow and increase traffice congestion. FHWA will have to deal with either an overpass.or with lights for crossing Bedford Street. Eldred Street closed except from the frontage road. Mr. Cooke pointed out that the above seems to be manageable except how to accommodate the Eldred Street situation. ,�.■ A chart was displayed illustrating that delays as a result of signalization would be less according to the Town plan than with the FHVIA plan during critical hours. Mr. Cooke then presented an alternative plan showing complete com- pliance with all FHWA comments. Lloyd Gilson, on behalf of the N. Lexington Assoc. and his neighborhood, IE42 expressed preference for first or compromise plan presented and hoped that the Town would press for that version. In response to the suggestion for closing the 4/225 access to Rte 128 and relocating it to a road to be buil -t across the sanitary landfill site, Mr. Cooke noted that the connector road project had been dropped for the reasons stated earlier and added that it is thought by some to be un- realistic to try t resurrect the plan. He felt the problems now existing at Bedford Street could, if the connector plan was followed, be duplicated in the future on Hartwell Avenue. In response to Mr. Politi, Mr. Cookestated that an inventory of exis- ting traffic lots and traffic generated by the four Towns, in addition to traffic monitored, had been developed.to ensure service of future needs. He said the proposal was found to be adequate in this regard. Mr. Cooke outlined a modified alternative scheme which 'showed the Ivan Street connector, a slip ramp to Eldred Street, but no break in the median strip for entrance to Eldred Street. The plan showed the pedestrian over- pass. Mr. Cooke again noted the'ways to access Eldred Street from both directions on Bedford Street. Larry Smith, Co- Chairman, T.I.C., noted the $50,000 donation by local businesses toward the expenses for the traffic study and design and T.I.0 efforts in trying to accelerate implementation of the improvement plans. He said the committee's position regarding the proposed changes to the plans is one of hopefulness that a compromise can be reached but it doubts that the residential community will accept them. Julian Bussgang felt that the FHWA comments simply add complications rather than helping the improvements to go forward. He stated the T.I.C. position that the design issue should be dealt with by the professionals. Martin Haggerty stated that residents of the area are there for 24 hours a day and must deal with the traffic problems on that basis. He "■� was concerned with efforts to provide a left turn into Eldred Street, He felt that such turns would be of less impact than lefts from the storage area FHWA proposes. Mr. Cooke noted two factors involved as the basis for FHWA dis- approval of the cut: proximity to ramps and traffic signals. Dick walker expressed concern about the impact of the proposed traffic pattern on Winter Street and Simonds Road. He noted State concern with back -up to Rte 128 and, on that basis, asked if the.State may at some time reassess the connector road idea. Mr. Baltz noted disruption of Bedford Street during construction as compared with construction of a connector Road. Mr. Hutchinson said he understood the concerns stated but advised that the connector road idea be dropped at this time. He noted that Lexington is on a priority list for funding of the Bedford Street project and that the connector is not a realistic alternative. He felt the proposed plan, even though it may not be considered the best, will help the situation. Robert Fitzmaurice, 423 Bedford Street, brought up the existing difficulties in backing out of his driveway onto Bedford Street. In response to Mrs. Anderson's request for rationale and simplification of the proposed compromise plan, Mr. Cooke.noted that the present and future, not the past must be dealt with. He said the road must be made adequate to handle future growth expected. !R Thomas Fortmann observed the frustration caused by FHWA. refusal of he plans and noted that whatever proposal is made, it will have flaws. He suggested pushing harder for the mini --jug handle concept. Mr. Cooke felt that such an addition at an already complex inter- section would make it unacceptable. A resident asked if the Town could fund and build the overpass if not funded by the State. Mr. Cooke noted that the State may not allow an overpass over its highway, even if ufnded by the Town. 4'. Larry mith noted that HATS is itL ,fhe proce Y s � o ieviewing the concept of a ring road around Hanscom Field. "e CTPS ieoort should be finished by April '84 and is now being looked at. Regarding compromises in the road improvement plans, several residents felt that the changes proposed,.although not ideal, could be lived with. Mr. Politi thanked those in attendance for their interest and sug- estions. He said that comments will be reviewed and analyzed prior to the next scheduled deliberation on the matter on December 12. He re- quested additional comments and asked that they be submitted to the Board in writing. The hearing was declared close at 9:55 p.m. A true copy, Attest: Respectfully subm' tted, Marion H. now Actin Executive Clerk g