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HomeMy WebLinkAbout1984-11-BOS-mina.. 1 '{ SELECTMEN'S MEETING y 2 Lf _ November 5, 1984 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town off ice Building, on Monday, November 5, 1984, at 7:30 p.m. Chairman. Battin, Mr. Sacco, Mr. -McLaughlin, Mr. Marshall, Mr. Eddison, Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Ms. Adler, Assistant to the Town Manager; Mrs. Snow, Executive Clerk; were present. Upon motion duly made and- seconded, it was voted to call the An- Election Day nual Town Election on Monday, March 4., 19850 3/4/85 Upon motion duly made and seconded, it was voted to close the war- warrant rant for the 1985 Annual Town Meeting on Friday, December 28, 1984, at closing 4:30 p.m. 12/28/84 Upon motion duly made and seconded, it was voted to appoint Mary CRC Appt. M. Hastings, 120 Worthen Road, to the Center Revitalization Committee Hastings for a term to expire on September 30, 1985, filling the unexpired term of John A. Powell* Upon motion duly made and seconded, it was voted to approve the ap- 1 -day Liq . plication of the Mystic Valley Chamber orchestra for one Day Liquor Li- Lic .MVCO cense for service of wine in Cary Hall at a reception following a concert to be held on November 17, 1984. Mrs. Battin, Mr. Sacco - and Mr. McLaughlin will attend the November MCSA Meeting 14th meeting of the Middlesex County Selectmen's Association, at which 11/14 the Educational Reform Bill (H6262) will be discussed. Since it had (H6262) been reported that passage of the bill could occur prior to November 14th, the Board's position will be established and will be transmitted to Senator Kraus and Representative Doran by the Town Manager, The Town Manager reviewed his proposed Sewer Use Charge Regula- tions, on which a Public Hearing will be held on November 19th. In that regard, he noted that the minutes of the meeting of April 10, 1984, at which time the Sewer Use Charge System was adopted, did not reflect the Board's approval of the rate of .43(,% h. c. f . of water consumption and asked that those minutes be amended on November 19th to correct this omission. Upon motion duly made and seconded, it was voted to approve the Time Sequence for FY' 86 Street Acceptance Procedures, recommended by the Town Engineer, as follows: Sewer Use Charge Regs. FY86 Street Acceptance Schedule November 20, 1984 Informational Meeting presented by DPW/Engineering for street abutters. Notify Board of Selectmen, and Plan- ning Board bf Meeting; December 3, 1984 Vote of intent to layout by the Board of Selectmen; De cember 10, 1984 Board of Selectmen notify Planning Board of the vote of intent; Januar 35 1985 By this date, written notice delivered to abutters by Constable informing them that the Board of Selectmen intent, to vote to layout as public way; January 7, 1985 Public Hearing by Board of Selectmen in regard to their intent to layout public ways; January 14 , 1985 Vote to layout public ways by Board of Selectmen; February 18 , 1985 On or before this date, layout plans filed with the Town Clerk by the Town Engineer; March 1, 1985 After this date, and before the close of Town Meeting, acceptance of the layout by the Town at a Town Meeting. Within thirty (30) days of the date of acceptance of a layout by the Town Meeting, adoption of an order of Taking by Eminent Domain by the Board of Selectmen and an award of damages, if any; Within thirty (30) days of adoption of the order of Taking, recording in Registry of Deeds of said order and any betterments by Town Engineer. Mr. Hutchinson added that the Policy on Accepted and Unaccepted Streets is still being developed. Asst. Fire Ch. Chief John Bergeron was in attendance for presentation of a McDonough badge to Assistant Fire Chief John McDonough, who is now second in command in the Lexington Fire Department. Assistant Chief McDonough introduced members of his family who were present and outlined his plans for a Fire Prevention Pro- gram including education of school children in good safety habits, He will deal with issuance of permits, personnel complaints and other administrative . procedures to lessen the managerial duties of Chief O O M Bergeron, The Board congratulated Assistant Chief. McDonough on his ac- complishment and thanked Chief Bergeron f or the sharing of such a pleasant occasion. Mr. Hutchinson noted that decision on renewal of lease at the Munroe School for Adams /Russell Cablevision- Lexington, Inc., will be scheduled for December 3rd and requested any comments from Board Members before that time. Upon motion duly made and seconded, it was voted to approve the Town .Manager's proposal to open the Hartwell Avenue Sanitary Landf ill on November 3, 4, 10, 11, 17 and 18, 19 84, f or disposal of leaves only. Adams /Russel lease renew- al San . Landf ill leaf disposa Mr. Hutchinson, with reference to a memorandum dated October Inspection 6, 1983, from Chief Bergeron, gave his recommendation that the fee Fee, Fire schedule for periodic inspections of commercial and. industrial prop - Dept. erties, done at the discretion of the Fire Chief. The charging. of fees has been a practice started subsequent to the passag -e of Prop- osition 2 1/2. As stated by Chief Ber-geron,, tax classification which was im- plemented since that time has significantly altered payments the Town receives from commercial and industrial property owners and he recommended elimination of the fees on that basis. Upon motion. duly made and seconded, it was voted to eliminate the f ee of $50.00 f or periodic inspections of commercial and in- dustrial properties, as recommended by the Fire Chief and Town Manager. Mr. Hutchinson reported that some delay has been encountered in the Marrett Road widening project due to concerns of the National Park Service. He outlined the proposal to close "old Massachusetts Avenue" to through traffic for use as part of the Battle Road by the Service in return for taking of 1,000 sq . ft. of Park Service land along Marrett Road to accommodate the widening. There has been no response from Mr. Nash of the Park Service to the Town regarding the proposal. The matter will be further addressed by Boston Survey Consul- tants on November 19th when a review of 25% plans for North Lexing- ton Road Improvements will be presented Mr. Hutchinson recommended that a deadline be set for . Park Service response on the matter, after which date, decision by higher authorities will be sought. Marrett Rd. widening Upon motion duly made and seconded, it was voted to abate Sewer Abate - sewer betterment in the .amount of $1,084.28, assessed against ment , Swenson property owned by Britta Swenson, Lot 63, Map 16, at Allen Street, Allen St. � -4- i Sewer def erm. Upon motion duly made and seconded, it was voted to redef er wHUE payment of sewer betterment assessments in the amount of $6,714.26 against property owned by G. C. C. Communications of Boston (WHUE) and located at #7 5 Concord Avenue. Minuteman Sch, Dr. Ronald Fitzgerald, Superintendent /Director of the Minute - Hotel /Conf. . man Vocational Technical School District, and members of the Min - Ctr. . uteman School Committee Jackson and Donovan, were in attendance Proposal for the purpose of presenting a proposal for a Hotel /Conference Center on the School grounds, which it is planned, will be sub- mitted to the 1985 Annual Town Meeting. Mrs. Batt in noted that the Selectmen would be taking no posi- tion on the proposal that evening and that positions of others in the audience were not sought at this time. Mr. Jackson introduced Chairman Donovan of the Minuteman School Committee who reviewed the effort of two years including two iterations of proposals to provide students with a hotel en- vironment as an educational /cooperative training ground. He reported that Massachusetts Innkeepers has now been ac- cepted by his Committee as the selected. developer but that there are many issues still to be addressed and approved by the full School Board. Dr. Fitzgerald was introduced to present particulars of the Massachusetts Innkeepers' proposal for a maximum 200 room /600 seat Conference Center; implementation of which, he noted, would require 1985, or later, Town Meeting approval. In ref erence to the existing traf f is situation on Marrett Road, he projected that the hotel operation would add .3' cars /minute to the existing flow at peak hours, which he felt to be a small impact. He noted that the current 1200-pupil op erat ion with the addition of a Hotel Learning Center would still fall within the 1500 population limit originally approved by Member Towns. He added that hotels by nature do not generate the clumps of high volume traffic associated with the morning and evening commuter traf f is on Route 2A. He noted studies which have shown that a hotel project would greatly improve the quality of training and placement opportunities for students in such areas as culinary arts, hotel management,, re- tail sales, maintenance support and others. Dr. Fit.zgerald referred to past efforts to involve local hotels in cooperative training which have not proven to be successful for more than a limited number of students due to severe problems en- countered regarding transportation to and from these facilities, With reference to benefits to Lexington, he noted that. Ch. 196 requires payment of taxes representing financial' as well as the ed- ucational gain of providing a technical program of high quality. 1 (7 -5- He concluded that the Minuteman. School Committee had not at that time negotiated a final. proposal for presentation to host O ,,,, % communities but that comments were being sought from. all member towns. Upon definition of a final proposal, it will be pub- lished in detail for all citizens. Mrs. Battin asked that Board Members surface any issues which they felt should : be dealt with. . Mr. Eddi.son referred to the Town's experience in the re- cent past regard ing agreements made not honored by a business firm currently under contract with the Torn and asked what as- surance could be provided that the commitments expressed would be carried out. Dr. Fitzgerald asked that reliance be placed on the int el-- ligence and skills of the negotiating committee members to en- sure that control of the Educational Program and the entire opera - t ion is retained by the School and that specifics on methods of en- forcement would be provided in requirements of the contract. Regarding any future possible situation whereby the School no longer wishes to carry on the operation, question was raised as to disposition of the Hotel building, which would be owned by others. Dr. Fitzgerald said that answers on. such issues will be developed and publicly discussed before finalized He again stated that the School will retain control. In answer to question about intended users of the Conference Center, Dr. Fitzgerald noted lack in the School of a large group space for schoolwid e activitie such as: graduations, important guest speakers, and other group learning activities. The .. School will be using the Conference Center by arrangement for such functions. With respect t.o traffic concerns, Mrs. Battin noted that they will have to be addressed and a sked about Massachusetts Innkeepers' willingness to impose restrictions as has been done by Nolan/Norton . Dr. Fitzgerald that scheduling so as to avoid peak hours will be implemented and stated that the developer will abide by all Town regulations that apply. In response to Mrs. Battin, Dr. Fitzgerald said that there had been no discussion with the developers as to whether they would proceed with the proposal in the absence of guarantee of obtaining a liquor license. Mr. Eddison asked Dr. Fitzgerald for clar if icat ion of his pro- jection that the parking lot with 650 cars could be emptied in ten minutes at the rate of 3 cars /minute. Dr. Fitzgerald said that that aspect would be reexamined. ■""'� Regarding the scope of long --term . plans to add other projects to the Educational Program of the School, Dr. Fitzgerald said that all other operations originally planned for are now present at the School, with the exception of a bank and an electronically focussed store. -6 Mr. Sacco expressed appreciation that Dr. Fitzgerald' s presentation of the evening had supplied a factor which had not previously been dealt with in depth; that of an explanation of the educational and other benefits to students. Mrs. Battin noted Dr. Fitzgerald' s request f or sharing of traffic data generated by the Town and the School. The Town Manager stated that arrangements to do so have been � made . Dr. Fitzgerald spoke briefly about Chapter 196 of the Acts of 1984, legislation initiated by the Minuteman School District, and compared features of the legislation with the situation ex- isting before its passage. He saw it as no struggle over zoning authority. Regarding local control, he noted that under the provisions of this law, majority vote of the Town Meeting is now required of such a commercial /educational use, on residential land, for approval. He again mentioned taxes to be paid as being of bene- fit to the Town; and finally that statutory guidelines are now provided for School Industry cooperatives involving construction, where none had existed before. He added that the intent had been to offer a fair set of guidelines and stressed that the School District will not be re- alizing prof its from this enterprise. He hoped that citizens will see the positive context in which the proj ect is of f ered . Regarding a Traffic Study, Dr. Fitzgerald said a professional consultant will present data to be shared with the host towns. Dr. Fitzgerald was thanked for his presentation and the in- f ormat ion provided and he retired f rom the meeting. H. A. Regarding award of an EoCD grant to the Housing Authority EoCD for maintenance and improvement of dwelling units at Vynebrook Grant Village and Greeley Village, the Members agreed with Mr. Sacco' s suggestion that a letter of congratulations to the Authority would be appropriate. Exec. Upon motion duly made and seconded, it was voted 5 -0 roll call Session vote, Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison, to go into Executive Session for discussion of matters of litigation with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10:00 p.m. A true record, Attest: rion H. Sn6w �' Executive Clerk e SELECTMEN'S MEETING November 19, 1984 A regular meeting of the Board of Selectmen was held on Monday, November 19, 1984, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Battin, Mr. Sacco, Mr. McLaughlin, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Ms. Adler; Assistant to the Town Manager; and Mrs. Snow, Executive Clerk, were present. At 7:30 p .m. , the Chairman opened a public hearing on the Public Hearing petition of Boston Gas Company f or installation of breather post Boston Gas Co. on Eldred Street. Mr. Foley of the Boston Gas Company was present Eldred Street to explain the need f'or the installation in existing regular pit. Mrs. Battin noted memorandum from Director of Public Works/ Engineer recommending approval of the petition. There being no comments in favor or in opposition, the hearing was declared closed, Upon motion duly made and seconded, it was voted to grant approval to Boston Gas Company for installation of one 4" steel breather post for existing pit Located on Eldred Street. At 7:33 p.m., Mrs. Battin opened a public hearing on the petition of Boston Gas Company for installation of breather post on Winthrop Road. Mr. Foley again explained the purpose of the installation in existing pit. Mrs. Battin noted recommendation of the Director of Public Works /Engineer for approval of the petition. There being no comments in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to grant approval to Boston Gas Company for installation of one 4" steel breather post for existing pit located on Winthrop Road. The Chairman noted petition of New England Telephone and Boston Edison Companies for' j o int ownership of five existing poles on Maguire Road. The petition did not require a public hearing. Memorandum from the Director of Public Works /Engineer, recommending approval of the petition was read. There being no comments in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to ap- prove the request of New England Telephone Company and Boston Edison Company to become joint owners of five existing poles on the northerly side, approximately to T easterly of Westview Street on Maguire Road. Public Hearing Boston Gas Co. Winthrop Rd. N.E. Tel /Tel Pole locations () _ _ �,,A TMMA Procedures Mrs. Patricia Swanson was present by appointment to express P. Swanson her views on procedures implemented by members of the TMMA Exec- utive Committee with respect to the Committee's efforts toward amendment of Ch.. 196 of the Acts of 1984, Minuteman School legislation. Mrs. Swanson noted that letters have been sent to other Towns by members . of the TMMA Executive Committee urging support of legislation to amend Ch. 196. She questioned that those four committee members can- represent the views of 200 people and can appropriately request support on an issue which is to be decided at the forthcoming Special Town Meeting. She asked for clarifi- cation of the role of the TMNA Executive Committee. She felt that the TMMA Executive Committee has gone beyond providing information and monitoring Town Meeting decisions into other areas, and that all. concerned will be affected if their role is not defined. Mrs. Battin said she felt that the matter should be brought up at the November 20th TMMA Information Meeting and on the floor of Town Meeting; that it was not a matter to be decided upon by the Board of Selectmen. Mr. Sacco expressed his opinion in agreement with Mrs. Swanson that the TMMA Executive Committee was expanding its role. inap- propriat ely and felt that it was a matter of concern of the Board. He requested copies of correspondence referred to by Mrs. Swanson, Public Hearing Sewer Use Charge Regs. At 7:45 p.m.,, Mrs. Battin opened the legally advertised Pub- lic Hearing on proposed Sewer Use Charge Regulations and read the proposed regulations. Mr. Hutchinson commented that there had been no comments from the public on the regulations adding that Lexington's rates will remain among the lowest even with the proposed increase. There being no questions or comments in favor or opposition from Board Members, or the audience, the hearing was declared closed. Upon motion duly made and seconded, it was voted to adopt the proposed Sewer Use Charge Regulations as follows: A rate of 43�_ /h . c . f . of water consumption is adopted consistent with Board of Selectmen adopted budget position of April 10, 19840 A minimum rate of $11.00 for water and $8 for sewer or $19. semi - annually, or $39.20/yr. for both services is adopted. (Based upon consumption of 2000 cu. ft.). Water customers not connected to the Lexington Sewer System as a general rule shall be exempt f rom the sewer use charge. Special situations that call for specialized _use of the Lexington System will be sub - j ect to a special charge. All water users shall be issued proportionate sewer use charges except that commercial farmers who require the irrigation of crops and have a separate water meter shall be exempt from the sewer charge covered by that separate watering . 0� Selectmen Meeting -- 3- N o vember 19, 1984 Citizens on the Town Sewer System but not on the Town Water System shall be charged an average. price of $50.00 per year. - In 'the event of special circum- stances, a special assessment will be levied. The Manager asked for amendment of the minutes of the meeting of April 10, 1984 , t.o ref lect the adoption of the rate of 43(� h. f .. c. of water consumption, in the report on the Board's vote to institute a Sewer User Fee System. Upon motion-duly made and seconded ,- it was voted to amend the minutes of the Selectmen's Meeting of April to , 1984, as re- defined by the Town Manager. Upon motion duly made and seconded, it was voted to approve, as corrected, the minutes of the Selectmen's Meeting on . 0ctober 29, 1984. Mr. Hutchinson suggested that Senator Kraus and Representa- tive Doran be invited to meet with the B oard on December 3, for discussion of current and upcoming legislation. Minutes 10/29/84 Mtg. with Legislators Upon motion duly made and seconded, it was voted to acknow- G. Bugbee ledge the loath birthday of Genevieve Bugbee, a resident of East loath b' day Village Nursing Home, on Wednesday, November 21. Selectman Sacco will present a gift and greetings from the Board to Mrs. Bugbee on that occasion. soft Upon motion duly. made and seconded, it was voted to refer Traffic item the request of residents of Russell Square ,for prohibition of Russell Sq. parking on the northeast side of Massachusetts Avenue from Hunt to Winthrop Road to the Traffic Safety Advisory Committee and the Center Revitalization Committee for review and recommendations. Upon motion duly made and seconded, it was voted as recom- mended by the Town Engineer to approve sewer charges in lieu of betterment as follows: Moore Homes, Inc. 225 Waltham Street $2,707-63 Moore Homes., Inc. 229 Waltham Street $1,939.99 Upon motion . duly made and seconded, it was voted to approve New Hampshire Insurance Co. Local Officials Bond in the amount of $170,000, for James R. Kane, Tax Collector. The Chairman noted a request from Cory's of Lexington for permission to remain open for service of food and liquor until 2: 00 a.m. , on April 25, 1985, for an of ter - theatre gathering of the Second Season Players Theater Group . Mr. Sacco noted the unusually late closing time requested and questioned its legality under Board of Appeals permit and whether a precedent would be set by allowing it. �., Mr. McLaughlin moved that the item be tabled pending in- vestigation and report by the Town Manager on the matter. It was pointed out by Mr. Marshall that the Second Season . Players are a local group and it seemed to him to be a reason- able request. This view was supported by Mr. Eddison and Mrs. Battin. Mr. McLaughlin withdrew his motion to table. Sewer Chg. lieu /better- ment Bond -- Tax Collector Cory's ext. of hours --4- Upon motion duly made seconded, it was voted 4 -1, with Mr. Sacco voting in the negative , to approve the request of Cory's of Lexington, Ipc . , for extended hours of operation until 2:00 a.m., on April 25, 19850 Sewer Abatements I Upon motion duly made and seconded, it was voted to abate Ryan sewer betterment assessments on the following unbuildable lots: S emer j ian Mr. &. Mrs. Richard Sewer j ian Lot 3A - $252.42 98 Blossomcrest Road Allen Street John E. Ryan 44 Easter Avenue Lots A & $135.92 wachusett Dr. Smith- tabled Upon motion duly made and seconded, it was voted to table the request of Francis W. K. and Jacquelyn R. Smith for abate- ment of sewer betterment on Lots A and C, 4 Clematis Road, in the amount of $2,759.24, pending further exploration of the basis of the request. Sewer Def erment Upon motion duly made and seconded, it was voted to deny the Hall - denied request of Ralph H. Hall for deferment of sewer betterment charges on Lot #5A, North Street, as recommended by the Town Manager for the following reasons: The Board of Selectmen's policy is to defer un- subdivided parcels of land used for agricultural purposes for the purpose of perserving open land. The va lue of the lot has apprec iat ed with the avai l- ability of sewer service. The lot is a legal buildable lot and can be sold at a good price. A dwelling can be built upon this lot in such a man- ner that it can be served by gravity. The value of the lot is such that the installation of a grinder pump in the house would not be a signi- ficant cost factor. Ch. 90 Funds Upon motion duly made and seconded, it was voted to execute Memorandum of Agreement forms relative to Lexington's apportionment of Chapter 94 Funds for reimbursement for documented expenditures for construction, reconstruction and improvement on all approved public ways, in the amount of $97,169.00. s Sewer Constr. Upon motion duly made and seconded, it was voted to approve Mimeo the request of Gerald R. Mimno for construction by him of a sewer in Pleasant Street with the understanding the following construc- tion and inspection, the sewer and necessary easements will be turned over to the Town of Lexington. Approval of Mr. Mimno' s request is subject to the following conditions: w Selectmen s Meeting: -5 - November 19, 1984 That his Attorney meet with the Town's Counsel. to determine what legal documents are necessary to transf er the easements and ownership of the sewer* That the sewer be constructed to Town standards and pass a leakage test before ownership acceptance by the Town. That a bond be posted for the value of the sewer to guarantee full completion of the sewer in Pleasant Street. That all conditions of Town Counsel be met bef ore issuance of a permit by the Department of Public Works to construct in Pleasant Street.. The Board also voted that no sewer betterment . or sewer charge will be assessed against the f our -acres owned by Mr,. Mimno at #85 Pleasant Street. Upon motion duly made and seconded, it wa.s voted to auth -- Commuter Parkin orize the Town Manager to implement relocation of. commuter bus relocated parking from Worthen Road near Grace Chapel, to the Town recrea- tion parking area at the Centre Pool, for the winter months, starting on December 3, 19840 Upon motion duly . made and - seconded s it was voted as recom- Meriam St . mended by the Center Revitalization Committee to change the schedule lot hours for hours of operation of the Meriam Street Par -king Lot from open change with attendant on Monday through Saturday, from 8: 00 a.m. to 6: 00 p.m., to open with attendant on Monday through Friday, f -rom 8 :00 a.m. to 8:00 p.m. A flat fee of .25(,N will be charged Monday through Friday after 6:04 p.m. Data will be kept on loss of revenue as a result of free parking on Saturday. Mr. Marshall recommended that the chain across the Meriam Street entrance to the lot be removed to implement traffic flow on Saturdays. - With reference to the wording of Article 4, "Poor Farm", .Board Art. 4 Members were in agreement on the interpretation that a vote "not to "Poor Farm" rescind" would support conveyance of the 'land for the-currently pro- posed use ( Special Needs Housing) and would require a vote in opposi- tion to-Article 4. Human Services Committee Chairman Roberta Black was present and voiced the support of the Committee for the Housing Authority' s ' pro- posal for two cooperative apartments for eight retarded citizens and two staff persons on the Poor Farm land. She reviewed the report of the Committee dated November 19, 1984, in which ' inf ormat ion on the need for such housing, special characteristics of clients to be considered for residency, and other details of the State funded program were presented Mr. McLaughlin, Chairman .. of the Hou - sing Authority, reported on progress with the application f State funding . and explained that the architect for the project has not as yet been selected; hence, it is not possible to provide detailed information on the building. -6- s M. u Discussion followed on the possible use of other sites for such housing, since there appear to be problems with zoning and the size of the building which must be solved, but it was agreed that options to convey should be kept open and that decision on the Housing Authority's current proposal be made when it is pre- sented in f ina 1 form. Laura Nichols, Precinct 8, Town Meeting Member urged because %now of wet conditions on the lot that the Housing Authority consider a smaller house which would allow for more usable outdoor space on the lot, Upon motion duly made and seconded, it was voted that the Selectmen will vote in opposition to Article 4 of the Warrant for the 1984 Special Town Meeting. Transfer of Upon motion duly made and seconded, it was voted to approve Funds - Fire transfer of funds in the amount of $43,500.00 from Article 21 of Dept. Collective 1983, to Account 4120, of FY' 84, (Fire Department Collective Bar - Bargaining gaining) to cover costs relative to Fire Contract Settlement. Mtg. with The Board agreed with Mr. Hutchinson' s suggestion for meeting School Comm. with the School Committee on Wednesday, November 28, at 7:30 a.m. , 11/28/84 in the Selectmen's Meeting Room. N. Lex. Road At 8:30 p.m. , Mrs. Battin opened the Public Inf ormat ion Meeting Improvement Plans on the 25% review of the North Lexington Road Improvement Project. 25% Review Mr. Tonaszuck, Director of Public Works /Engineering, reviewed the chronological sequence of procedures regarding the project since 1981 including concept approval in 1982, and the current 25% review of plans showing geometric considerations of the proposal. He noted that the 75% plan submission will refine and show features of the plan in greater detail and that the l00% plan will show .ONO still further refinements. The 1982 Town Meeting had approved up to 25% and the 1984 Town Meeting, of up to 100 %. Mr. Cook, Boston Survey Consultant Engineering, and Mr. Carlson, Project Engineer for the Bedford Street /Hartwell Avenue/ Maguire Road Project, were in attendance to present the 25% plans. Mr. Cook pointed out modifications to the plans per sugges- tions by residents and requirements of Town Boards, FHWA and the State Department of Public Works and reviewed the project in gen- eral with regard to purpose. The plan calls for a 6 -lane layout on Bedford Street; a 2 -way frontage road on the north side, with median strip; a depressed entry to Hartwell Avenue from Bedford Street, travelling west; a depression in the median strip to ac- commodate emergency vehicles entering Eldred Street; access from Bedford Street to Eldred via the frontage road at a Hartwell Avenue /Bedford Street signal; a channelized U -turn lane on Bedford Street to allow access to facilities on the south side and a ped- estrian overpass across Bedford Street. He explained the design of a frontage road on Bedford Street to meet concerns of the neighborhood and described its functions to fulfill area needs, noting that the plan does not provide direct access from Bedford Street to Eldred Street. Two jug-handles, with an overpass near the Armory have been incorporated in the plan. Traffic signalization and road design to facilitate traffic movements were noted and Mr. Cook reported that all land taking would be on the south side as previously planned to accommodate road improvements with the Veterinarian's Building the only reloca- tion proposed. Selectmen's-Meeting •� -7 - November 19, 1984 With ref erence to the HATS /CTPS Preliminary Hanscom. Area Traffic Study, Mr. 'Cook reported that the plans for North Lex - ington are considered to be compatible with its recommendations for access into Hanscom. In response to citizen comment regarding lack of direct access to Eldred Street and circuitous route necessary to reach it from Bedford Street, Mr. Cook referred to FHWA design criteria which would preclude a more direct turn and noted that since the project will be funded by the State and Federal Government, its requirements must be complied with.. He felt that discussion of that aspect of the plan_ for another year would not be fruitful and advised that this eventuality be - accepted so that the project can go forward Mr. Cook informed Mrs. Barabush, in answer to questions about the plan, that no breakdown lane had been provided since it would have widened the 6 -lane highway by 16 feet. He added that Bedford had no plans for widening Bedford Street beyond Hartwell Avenue at this time but he felt that any problems will be alleviated by design. Mr. Wheaton felt that the funnel-effect created by the narrow roadway in Bedford would offset the advantage of a 6 -"lane highway in Lexington, Mr: Cook responded that studies show that most of the traffic f low will be moving onto Hartwell Avenue and that Great Road im- provements are not needed at this time. He responded to Mr. Wheaton' s question about the placement of the overpass that the half way point chosen had been cons id eyed the best location-, Mr. Schmickly expressed concern that nothing has been done for the residents of Eldred Street. Mr. Cook projected, in answer to Mr. Schmickly, that if all goes well, the improvement project could begin by early 1986. Mr. Cook pointed out that the Town had tried hard for traffic sig- nals at Bedf ord Street but could not get approval and advised that proceeding with this plan would allow f or the much needed improve- ment to traffic conditions on Bedford Street. He urged taking the plan as it is with the only other choice being to leave the situa- tion the way it is. In light of the 40% traf f is increase expected over the next 4 years, he added that problems will only get worse. He pointed out that suggesting an alternative to the plan exists is erroneous Mr. Cook was asked about FHWA reaction to the pedestrian overpass proposed and what the chances f or implementation appear to be. He an8wered that data is. now being gathered to justify that ins to l la ti on . Mr. Tonaszuck told Mrs. Wheaton that the emergency access to Eldred Street (depression in the median strip) will not be plowed but would b..e accessible for emergency vehicles. Mrs . Wheaton said that the plan presented that evening ap- peared to -be no dif f erent f rom the one shown at the 1984, at which time a Resolution was adopted which stressed area opposi- tions to any plan which cuts off access to and from Eldred Street. +� She questioned why this expression of the Town Meeting had not been taken into consideration. Mr. Cook agreed that the l-�nile extra travel; i. e. , f ram Denny's to Hadley Road did represent a compromise and some hardship on the part of residents but that the design was necessary for safety reasons. Mrs. Wheaton did not have a copy of the Resolution with her as she said she had expected that the change would have been made to the plans. Copies will be obtained for the Board. %M90 Mr. Marshall pointed out that even though the new road configuration imposes extra mileage on residents, he felt that t imewise , they would benefit. He' maintained that the new plan does not cut off access to Eldred Street. Reference was made by Mr. Baltz to plans for the Hartwell Avenue Connector, which does not appear in the plans, who asked what had been done in that respect this year. He f elt that of -- f arts to implement the Connector had not been strong enough. He said he could live with the inconvenience imposed by entrance to Eldred Street via the frontage road but that he considered the project a well - engineered monstrosity. It was his opinion that a Connector would take care of southbound traf f is to an ex- tent that the problems on Bedford Street would be halved. Mrs. Battin responded that the concept of the Connector is an adjunct to area improvement plans, not an alternative, and will be addressed in the Department of Transportation's Study of Route 128. Mr. McLaughlin noted of f orts by the Town f or 10 or 12 years with respect to a Connector, which have been refused by the State/ Federal authorities and stated that there is no Connector in the wings. He recommended that backing off now would result in a 10 to 20 year wait for solutions for area traff is problems. Mr. Marshall added that the Federal Government is positively unwilling to add another Connector without regional alignment. He noted communications developed with the State adding that this plan can be implemented in 2 or 3 years, while a Connector is many years off. Mr. Wolk commented that the improved Bedford Street could be left as a 6 --lane airstrip if the Connector ever is built and expressed concern that Grove Street and Simonds Road would be more heavily impacted after Bedford Street improvements have been com- pleted. Mr. Cook said he believed that there would be less traffic on those streets as motorists will prefer to use upgraded Bedford Street. Mr. Cook responded to Mr. Miller that the need for directional signs to aid visitors regarding the route to Eldred Street will be addressed. Mr. Burnell noted a feeling of separation with respect to Precinct 7 and the rest of the Town. He foresaw difficulties with obtaining final Town approval of the Bedford Street plan and stressed the need for improved communications among Precinct 7 residents, the Selectmen and Federal and State Officials. Mrs. Miley stated that her review of the HATS /CTPS Traffic Study has convinced her that the Bedford Street Project is needed even if the Hartwell Avenue Connector is built in the future. She urged going forward with the proposed road improvement plans at this time. Selectmen's Meeting f � - 9 - r November 19, 1984 Mrs. Battin suggested area involvement by formation of a neighborhood committee to work. with Town off icials as the project progresses. Mr. Hutchinson reported that progress with the Marrett Road widening and improvement plans were still being held up because of lack of response from the National Park Serv Superintendent, Robert Nash, on the Town's proposal for the pr of ect . Mr. Cook displayed a - plan showing Marrett Road and ex- Marrett Road p lained need f or the proposed widening near its intersection Plans with Massachusetts Avenue. He noted concerns expressed by the Park Service regarding impact . of the road .� widening, _ :arid:. the Ser- vice' s:' p.roposa:l f or closing ..and :transfer of old Massachusetts Avenue in is exchange for parkland adjacent to; Marrett Road. it had been proposed by the Town to swap other Town owned lots which has not been accepted by the Park Service and progress with that project has _come to a halt. The Board was not in favor - of Mr. Nash's proposal involving "Old Massachusetts Avenue Mr. Hutchinson recommended that a deadline be set for re- sponse from the Park Service on the 'issue and if it is not forth- coming and appealing to the Regional authorities of the Park Service Department of Transportation for a decision on th:e matter. .Upon motion duly made and seconded, it was voted that if no response is received from National Park Service Superintendent Nash by January 1, 1985, relative to the Town's road widening and improve- ment of Marrett Road, Regional authorities of the Park Service and �•. Department of Transportation will be requested to intercede in the matter. Mrs. Battin noted that the Educational Reform Bill (H6262) may Educational be on the November 20th House Docket allowing no time after that Reform Bill evening for the Board discussion of its position on the legislation.. (H6262) She suggested that the Board either take a position in opposition to aspects singled out by the MMA Staff regarding imposition of man- dated costs.; State setting of salaries and earmarking of Local Aid monies; or to take a stand in complete opposition to the bill. Mr. Marshall and Mr. McLaughlin recommended that the bill in its entirety, plus the Governor's proposed amendments, be opposed on grounds of the process, as opposed to specific points. He felt that there had been insufficient time for debate and reasonable public examination of the bill. Mr. Eddison was opposed to taking a.. stand in complete opposi- tion and was in favor of basing opposition based on the items men- tioned previously by Mrs. Battin. He felt that there was a better chance of being heard if specific issues were listed 'rather than to oppose camp letely on the basis of process. Motion was made by Mr. Eddison and seconded by Mrs. Battin to adopt the three MMA Staff recommendations brought up earlier in the discussion as follows: oppose any version which imposes mandated costs; oppose any legislation that puts the State in the role of setting salaries; oppose any language that earmarks 40% Local Aid monies. and, further, to state opposition to the Governor's proposed Three Year State Assisted Program at local option to raise minimum teacher salaries. The motion did not carry with Mr. Sacco, Mr. McLaughlin and Mr. Marshall voting in the negative. Upon motion duly made and seconded, it was voted three to two with Mrs. Battin and Mr. Eddison voting in the negative to %woo inform the Legislators of the Board's opposition to passage and lack of public debate. The Legislators will also be informed of the view of Mrs. Battin and Mr. Eddison who proposed the more focussed opposition stated in Mr. Eddison's motion to serve as a fall-back position in the event the position of the majority of the Board does not succeed. Mrs. Battin requested that Attorney Steven Anderson of Palmer & Dodge be present at . the November 26th session of the Special Town Meeting and be available to respond to questions on legal aspects of the Poor Farm Articles and the Resolution re- lating to Minuteman Regional Vocational Technical School /Chapter 196 Article. John A. Zorka Mr. McLaughlin noted the untimely death of John A. Zorka who served the Town as a member of the Lexington Housing Assistance Board and asked that the condolences of the Board be extended to his family. Selectmen's Upon motion duly made and seconded, it was voted to approve Gift Acct. the request of Francis X. ' Fields , Town Engineer, for payment_ from the Selectmen's Gift Account for additional services of Boston Survey Consultant Engineering beyond the original scope of work defined for the Bedford Street Project in the amount of $9,353.80. Executive Upon motion duly made and seconded, it was voted by roll call Session vote 5 -0; Mrs. Battin, Mr. Sacco, Mr. McLaughlin, Mr. Eddison, to go into Executive Session for discussion of matters of real estate negotiation. Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m. A true record, Attest: Marion H. Snow ,,, tr Executive Clerk SELECTMEN'S MEETING s , November 26, 1984 A regular meeting of the Board of Selectmen was held in the' Selectmen's Meeting Room, Town Off ice Building., at 7:00 p.m,, Chairman Battin,. Mr. Sacco, Mr. McLoughlin,, Mr. Marshall, Mr. Eddison; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Ms. Adler, Assistant to the Town. Manager; Mrs, Snow, Executive Clerk, were present. Positions of the Selectmen and procedures for presentation of Articles at the Special Town Meeting were reviewed. Mr. Marshall reported on agreement reached with the attorney represent- ing the Bell iz is f amily that if there is no evidence of a f irm Purchase & Sales Agreement between the Bellizia's and a third party within the week, negotiating procedures can be undertaken by the Town. 'Mr. Marshall will. recommend a -two --week adjournment of the Special Town Meeting to allow time for this process. Mr. Eddison, as c:o- chairman of -the Pine Meadows Committee, will intro- duce the Article (Art. 2), give opening remarks and ask that Mr. Marshall be introduced. Mr. Marshall will proceed to recommend adjournment of two weeks for consideration of Article 2 and any other unf finished articles on December 1984 S.T. Golf Course Acquisition Article 2 11i1F Mrs. Battin will present Article 3, Computer Assessment Syst- em,.under Computer which $60,000 is requested. for - purchase. of equipment to implement updating Assessment of valuations of residential, commercial and personal property. Revaluation System of taxable properties is a requirement which must be certified by Article 3 January 1, 19860 Articles 4 and 5, "Poor Farm ", are to be presented by the TMMA Executive Poor Farm Committee. The Board's position in opposition to Article 4, as established Articles on November .19, was noted. Regarding Article 5 re conveyance of Lot 6 of 4 and 5 the Poor Farmland to the Housing Authority, the Board would support the Authority's proposal, subject to an appropriate building plan and certifica- tion that the lot can ad- equately handle the special needs housing proposed, with regard to neighborhood standards. Mr. Sacco will Ares -ent Article 6, which requests funds in anticipation of Sanitary State aid for installation of sanitary sewers. Sewers Article 6 With regard to Article., 7, "Resolution. Relating to Minuteman Regional Vocational Technical School "; no consensus on a position of the Board was reached and.i;t was agreed that each Selectman will express his view as an individual, Mr. Eddison was in support of the Resolution relative to amend- ment of Ch. 196 of the Acts of 1984. Mrs. Battin was in agreement with his' view and asked that also speak for her. Mr. Sacco and Mr. McLaughlin were opposed to the. adoption of the Resolution. Mr. Marshall said he tended to agree with Mr Sacco and Mr. McLaughlin but would prefer to take a position after hearing At 7:30 p.m., Mrs. Battin opened a public hearing on the petition of F ew Boston Edison Company for installation of conduit on Fletcher Avenue. Boston Edi- son Hearing conduit on FletcherAve Mr. Martin, representing Boston Edison Company, present explain the purpose of ' the installation to allow for change from overhead to under- ground installation of electric service. Mrs. Battin noted the recommendation of Mr. Tonaszuck, Director of Public Works /Engr., that the petition be approved. There being no comments or statements in favor or in opposition, Mrs. Battin declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the peti- tion of Boston Edison Company for a grant of location for installation of approximately 10 feet of conduit in Fletcher Avenue, northwesterly ap- proximately 297 feet southwest of Hayes Lane. At 7:33 p.m., Mrs. Battin opened the public hearing on the petition of Boston Edison Company regarding installation of conduit in Massachusetts Avenue. Mr. Martin explained that the . installation is necessary to provide electric service to #2160-Massachusetts Avenue. The recommendation in favor of approval of the petition of the Director of Public Works and Engineering was noted by the Chairman. There being no comments or, statements in favor or in opposition, Mrs. Battin declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition of the Boston Edison Company for a grant of location-for installation of ap- proximately 9 feet of conduit in Massachusetts Avenue, southeasterly approx- imately 325 feet west of Audobon Road. Upon motion duly made and seconded, it was voted as recommended by the Board of Health to approve applications for renewal of Liquor Licenses for the Year 19851, as follows: Peking Gardens Restaurant_ 27 Waltham Street Yangtze River Restaurant 21 -23 -25 Depot, Square Arty' -s Restaurant 177 Massachusetts Avenue 1775 Wine & Spirit Shop 1775 Massachusetts Avenue Berman's Market 55 Massachusetts Avenue Knights of Columbus 177 Bedford Street Middlesex Racquet & Swim Club 475 Bedford Street Lexington Golf Club 55 Hill Street LeBellecour Restaurant 10 Muzzey Street Vinebrook Bottle Shop 55 Bedford Street Busa Liquors 131 Massachusetts Avenue Versailles Restaurant 1777 Massachusetts Avenue Bel Canto Restaurant 1715 -1719 Massachusetts Avenue Cory's of Lexington 20 Waltham Street. Sheraton /Lexington Motor Inn 727 Marrett Road Lexington Liquor Mart 58 Bedford Street Lexington Lodge #2204, Elks 959 Waltham Street Upon motion duly made and seconded, it was voted to approve applications for one Day Liquor Licenses as follows: W. R. Grace Company Recrea -- 55 Hayden Avenue t ion Association on 11/28/84 Data Instruments Personnel 4 Hartwell Place Activities Association on 12/16/1984 Upon Motion duly made and seco bid of Bank of Boston Middlesex for Aid in the amount of $22,177.54, at in various streets to become due on -3- r tided, it was voted to accept the a note in ant of State a rate of 5. 19 %, f or sewer work June 18, 198510 Upon motion duly made and seconded, it was voted to approve the application of Mohsen Mehran Ne j ad for One-Day Auctioneer License on December 16, 1984, for the purpose of auctioning oriental rugs in Heritage Hall, Knights of Columbus Building. Mrs. Batt in noted that there are two vacancies in the membership of the Lexington Housing Assistance Board ' and - requested members to sug- gest suitable candidates for appointment. It was agreed that the Town Moderator will be requested to start sessions of Town Meeting promp fly at" p.m.,, of tardi- ness of attendees. Upon motion duly made and seconded, it was voted to adjourn at 7:40 p.m �G Marion H. Snow A true record, Attest: �, ,(, Executive Clerk Yom._.