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.
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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
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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,
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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.
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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
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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
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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
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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:
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, A ting Executive Clerk
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November 21, 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, 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
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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-
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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
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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
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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
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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
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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
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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.
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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
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