HomeMy WebLinkAbout1986-02-BOS-minSELECTMEN'S MEETING
February 3, 1995
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A regular meeting of the Board of Selectmen was held on Monday,
February 3, 1988, in the Selectmen's' Meeting Room, Town Off Buil d ing, at
7:30 p.m. Acting Chairman Battin, Mr. McLaughlin, Mr. Dailey; Mr.
Hutchinson, Town Manager; Mr. Cohen, Town Counsel Mrs. Snow, Executive
Clerk, were present.
MINUTES
Upon motion duly made and seconded, it was voted to approve the minutes
of the Selectmen's Meeting on January 15, 1988, as presented.
USE OF BATTLE GREENt LEXINGTON MINUTE MEN
Upon motion duly made and seconded, it was voted to approve the request
of the Lexington Minute Men, Inc. for use of the Battle Green on Sunday,
April 8, 1986, rain date April 13, for rehersal of the reenactment of the
Battle of Lexington, from 2:00p.m. to 4:00 p.m. and for the purpose of the
battle reenactmen on Monday, April 21, 1988, at 8:04 a.m. Permission was
granted subject to coordi of plans with Mr= Tonaszuck, Director of
Public Works and Eng
ABATEMENT SEWER, WATERI REAL ESTATE
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Upon motion duly made sand seconded, it was voted to abate sewer revenu
in the total amount of $524 -80 because of incorrect meter readings and for
properties not connected to Town sewer and therefore exempt from sewer user
charges.
Also abated were water receivables in the total amount of $80.34; and
FY88 Real Estate Taxes in the total amount of $128t74,for properties not
connected to Town sewer and exempt from sewer user charges.
RIPLEY PAINTING
Upon motion duly made and seconded, it was voted to permit the
photographing of the Ripley painting in the Selectmen's Office as requested
by Mary Hunt Johnson, descendant of the subjects of the painting.
EXECUTIVE SESSION
Upon mot ion duly made and seconded, it was voted 3 - 4 by roll call
vote, Mrs. Battin, Mr= McLaughlin, Mfr. Dailey, to'go into Executive Session
for the purpose of discussion of matters of land negotiation, with the
intent to resume open session.
Upon motion duly made and seconded, it was voted to return to open
session at 7:47 p.m.
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SENATOR KRAUS, LOCAL AID
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qenator Kraus joined the meeting for discussion of the Local.Aid
Program of the Governor. Mr. Hutchi expressed his concern that out of
Local Aid receipts, $188,400 higher than last year, only $28,000 is
earmarked to offset General Revenue Sharing l oss. He felt Lexington should
have been able to rely on approximately $204,040. He was strongly opposed
to this component of the Local Aid leg as be unfair by
distributing large amounts of monies to poorer commun ities, wh already,
under the state aid formula which Lexington supported, are receiving
tremendous amounts of money. He gave the example of Boston going from $27
million to $47 milli and felt the formula would reward the poor
managerment performances of such communities at the expense of cities and
towns which had handled their finances responsibly. He urged the Board to
encourage Senator Kraus and Representative Loran to vote against that
component, because of the way the Local Bill proposes to recapture General
Revenue Sharing funds s
As Co- Lhairman of the Local Committee, Senator Kraus gave the
background of State procedures on the formula to this point. He said that
there was no way to make up the dross of 144% of the funds, but that effort
was made to distribute on a proportionate basis, with a minimum of 14% to
some communities and a maximum of 84% to others, based on the State local
needs formula. He pointed out th when checked, it appeared that even that
formula was not applied correctly and he could not get a straight answer
from the Administration on how the figure was derived.
His Committee is trying to make a judgment as to which communities 'will
come out with considerably less.. He said he hoped there had been enough
conversation on this aspect that, if that component has to stand for this
year, changes will be made for next year.
Mr. Hutchinson said he recommends voting against the formula at the MMA
meeting on February 4th, which he and Mrs. Battin will attend, and
supporting a more equitable distribution.
Mr. McLaughlin shared the Manager's concerns and supported his position
in opposition to the formula for distr of funds with respect to
replacement of General Revenue Sharing funds.
Mr. Dailey noted that Lexington's figure is among the lowest and felt
that the poorer municipalities should respond with cutbacks on per capita
spending to change the situation for next year. He also felt that the
Manager should object vehemently to the proposed formula.
Senator Kraus stated that he will vote for the formula as presented,
although he would support the changing of the revenue sharing recapture
component.
The Senator was thanked for the opportunity for discussion and his
input.
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Selectmen's Meeting - 3- February 3, 1936
FY97 STREET HEARINGS
Mrs. Battin opened the Public Hearing on the Intent to Lap Out FY97
Streets at 8:30 p.m. She outlined the street acceptance process, noting that
the Board will vote on its intent at its February llth meeting.
The Town Manager's recommendation will be that no construction streets
be voted on favorably this year and advised that the two subdivision
streets, Maple Tree Lane and Pearl Street, be considered first.
Mr. Field showed slides and the layout of Maple Tree Lane, 325'
approximately, from Maple Street to end, and recommended favorable action by
the Board.
There being no comments in favor or in opposition, the hearing on Maple
Street was declared closed.
The layout of Pearl Street, approximately 300 from Bartlett Avenue to
end, constructed at no expense to the Town, was shown. Mr. Mabardy, 10
Pearl Street who had - underwri ten the p roject, was resent. Regarding "
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completion of the street to Town standards, Mr. Hutchinson had recommended
that a $500 bond be posted f compl of loaming and seeding, unless
that item is completed to the satisfacti of the Town. There was some
neighborhood disagreement as to the need for additional. work. Mr. Libin, 21
Pearl Street, stated that he felt the loami and seeding had been well done
on both sides and was adequate. Mr; Goodwin, 9 Pearl Street, pointed out
that the loam had settled to a below the level of the street pavement
and that oars are unable to cross over the curbing if parked with two wheels
on the loamed strip:
Mr. Mabardy stated that he would spend no additional money on the
project but asked for specif as to Town standards and detains on any
deviations from those standards regarding Pearl Street.
Mr. Hutchinson again recommended that the street not be accepted until
the loaming /seeding had either been accomplished or guaranteed by a $540
bond.
There being no further comments in favor or in opposition, the hearing}
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on Pearl Street was declared closed.
Jean Road, 650'± from Mass. Avenue to Morgan Road, was shown by the
Town Engineer on slides showing its unpaved condition with potholes.
At this point, Mrs. Battin read the January 27, 1986 letter from the
Planning Board, submitted in accordance with Ch. 41, Sec. 91 -1, containing
recommendations relative to the laying out of streets as public ways.
The Planning Board recommended acceptance of Maple Tree Lane and Pearl
Street with no appropriation necessary for acceptance.
The Planning Board urged that the Selectmen, in making recommendations
to the Town Meeting, apply the pri for the acceptance of unaccepted
streets as adopted on October 21, 1985, and that acceptance of streets
should be implemented on the pri program of the Town, rather than
based on the petition process. _..
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On that premise, The Planning oard recommended tha '
� at neither Jaen Road
nor Tavern Lana be accepted.
The Planning Board also requested that streets to be accepted ha
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constructed to the same standards as stated in the Subdivision Rules
regarding prescribed pavement widths, noting that no street has been
permitted, by the Planning Board to be constructed at a width less than 24'. "
Mr. Hutchinson agreed with the Planning Board with respect to the
priority standing of Jean Road and Tavern Lane.
Mr. Schaye, 7 Jean Road, who had signed a letter from residents in
favor of acceptance recapped the reasons for the petition. He said that
Jean Road had been a dirt road,' 'in reasonably good shape and maintained by
residents, prior to installation of sewer in the road. He claimed that the
read has deteriorated as a result of that installation and no longer sits on
bedrock. He noted that 7 or 8 large potholes have developed producing an
unsafe condition and which will damage snow plows.
Mr. Hutchinson acknowledged that the comment on damage to snow plowing
equipment was valid and stated that the Town will remedy the situation.
Barbara Shapiro, 7 Jean Road, expressed doubt that Town emergency
vehicles could maneuver the road because of the potholes.
The Manager responded that the road will be brought up to a certain
standard by the Town to ensure safe passage, but that after that has been
done, it will be up to the neighbors to maintain the road.
Liana Grammont, 9 Jean Road, stated that the Postal Service has refused
to deliver mail to residents' homes, and is leaving all ma il at the end of
Jean Road. She reported on vandalism to Mail boxes this past year, trucks
getting stuck in mud, and that friends have refused to travel the road to
visit her.
Kenneth Sweder, 8 Jean Road, said he was in favor of acceptance but not
of the current plan which would take a portion of his front yard. He asked
if the Selectmen's vote is favorable, that a meeting with neighbors be held
for input on revision.
John Bowman, 10 Jean Road, who had previously stated his support of the
acceptance concept, also expressed opposition to the land taking necessary
under the proposed plan which he said would make his lot non - conforming.
Barbara Shapiro added that all residents are willing to compromise
regarding the problems of Mr. Sweder and Mr. Bowman in an effort to get the
work done.
It was suggested that the paged 24' width be shifted within the 44'
right -of- -way to avoid these takings.
There being no further comments in favor or in opposit the hearing
on Jean Road was declared closed.
Mr. Fields showed slides of Tavern Lane, 774' from Percy Road to Eliot
Road. paved and unpaved portions, and potholes in the road were pointed
out.
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Selectmen's Meeting 1�5-- February 3, 1956
Mr. Gustance, President of the Lexington Historical Society, reiterated
the Society's opposition to 24' paving, removal of trees, and destruction of
a country lane atmosphere on that access to the Munroe Tavern . An IS'
graveled road was favored, which the Society felt would be adequate for
the needs of the area and could be maintained by the residents.
David Wilson, opposed to any paving or expansion of Tavern Lane, stated
the basis for his opposition as creation of a conduit for traffic to two
schools and the Grey Runs; alteration of the rural atmosphere; and Loss of
the historical flavor of the access to Munroe Tavern. He asked for
clarification of the 'historic road' concept which had been referred to in a
letter from Mr. Frick, 9 Tavern Lane,
Mr. Wilson went on to question whether any of the residents had been
informed of the amounts of betterment for construction. Mr. Fields
responded that the initiator of the informal petition had returned the
formal petition which contained the betterment amounts, unsigned, stating in
a letter that signing the formal petition would signify acceptance of the
increased assessment and a 24' roadway.
Mrs. Morey, Lexington Historical Society, had pointed out the need to
improve drainage which impacts Tavern Lane. Mr. Frick's January 29th
letter, opposing the present layout and asking for correction of
uncontrolled drainage from Munroe Hill and Eliot Road, was referred to.
Mr. Hutchinson felt that the Tavern Road drainage problem was not
serious enough to designate it as high priority, but promised exploration of
the 'historic road' designation.
Carl Friedman, 12 Tavern Lane, stated his preference for drainage
improvement and just rough grading of the road.
Mr. Partlow, 7 Tavern Lane, agreed with Mr. Wi lson's and the Historical
Society's views regarding retention of the character of the road.
Mr. Frick's letter was read by the Acting Chairman. Mr. & Mrs. Frick,
who were absent from the meeting, had expressed opposition to the 24' paved
width shown on plans as being unacceptable to all abuttors and asked to be
recorded as being opposed. He stated his wish to be included with.other
abuttors in efforts toward any compromise plan developed:
He concluded his letter with a request for correction of improper
drainage onto Tavern Lane as the responsibility of the Town.
Roger Zorn, 10 Tavern Lane, asked if, in the event Tavern Lane is not
accepted, the Town feels any responsibility for the adverse impact of
drainage from Eliot Road. Mr. Hutchinson responded that the Town would be
pas responsible only after acceptance of the street. -
Mrs. Wilson, in reference to Mr. Frick's January 29th letter, expressed
resentment at the statement that all abuttors had stated opposition to the
proposed width. She said she had never made any such statement.
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Mr. Wilson related that during street construction at the intersection
of Tavern Lane and Eliot Road some years ago, he had seen a broken drainage
pipe in an excavation in the road, which apparently was never fixed and
which forced all the water into the two remaining operable drain pipes, with
the overflow going down Tavern Lane=
Mr. Hutchinson wil explore this allegation, and will arrange for repair
to the pipe if it was broken by the Town.
There being no further questions or comments in favor or in opposition,
the hearing on Tavern Lane was declared closed.
GOLDEN AVENUE /BOWMAN STREET SEWER, ARLINGTON CONNECTION
Upon motion duly made and seconded, it was voted to request by letter .
to the Arlington Board of Sel ectmen that an Articl be inserted in
Arlington's Warrant requesting that sewer in Golden Avenue and Bowman
Street, at the Arlington /Lexington line, be connected to Arlington's sewer
system*
Upon motion duly made and seconded, it was voted to adjourn at 9:35
p.m.
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A true record, Attest:
Mar H. Snow
'= Executive Clerk
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Selectmen's Meeting
..� February .11, 1388
A regular meeting of the Board of Selectmen was held on Tuesday,
February 11, 1888, in the Selectmen's testing Room, Town office Building at
7:30 p.m. Chairman Marshall, Mrs. Battin, Mr. McLaughlin, Mfr. Eddison, Mr.
Dailey; Mr. Cohen, Town Counsel; Ms. Adler, Assistant to the Town Manager,
Mrs. - Snow, Executive Clerk, were present.
VOTE TO LAY OUT FY87 ACCEPTANCE STREETS
The Board considered its decisions on the laying out of proposed FY87
accept streets
MAPLE TREE LANE
Upon motion duly made and seconded, it was voted to lay out Maple Tree
Lane, 325'± from Maple Street to end.
PEARL STREET
Mr. Hutchinson recommended that Pearl Street not be voted favorably
upon, since loaming and seeding ad no been satisfactorily done on the
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westerly side of road nor had the residents provided the $500 bond to ensure
completion of the work,
Mr. Mabardy, Pearl Street resident, stated that he was not willing to
post such a bond, since all other work had been gone at his expense. He was
asked if other abuttors would be willing to share the bond expense and
responded that the only other resident had refused to do so.
At.the request of the residents, Mr. Goodwin and Mr. Mabardy, and upon
motion. duly made and seconded, it was voted to table consideration of the
laying out of Pearl Street until later in the meeting.
Ms. Adler reiterated the recommendations of the Town Manager against
the laying out of Jean Road and Tavern Lane because of the impacts of the
loss of General Revenue Sharing funds and expected sewer and water charge
i ncreases,
JEAN ROAD
With reference to the claims by Jean Road residents that the road's
conditions has deteriorated since installation of a sewer line, there was
discussion of the Town's responsibility to restore the street. Mr. Battin
noted that the residents had been satisfied with the unpaved street prior to
the sewer work and.were able to maintain it satisfactorily.
Mr. McLaughlin said he felt that progress should continue with the
street acceptance program, with the understanding that priority levels of
streets layed out may be lowered in the face of other expenses encountered.
Motion was made by Mr. McLaughlin and seconded by Mr. Eddison, to lay
out Jean Road as an FY87 acceptance street.
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Mr. Dailey felt that the Town should restore the road to its previous
condition, but said he would not support acceptance of the road as a public
way.
Mr. Eddison agreed with Mr. McLaughlin regarding progress with the
street acceptance program and flexibility in priorities if other more urgent
projects require funding, but said he would support the acceptance of Jean
Road.
Mrs. Battin recommended that eff be made to restore the road, and if
that proved to be ineffective, to consider it for acceptance the following
year.
Mr. Marshall noted that the fact that Jean Road is not a through street
and its acceptance would serve only its residents make it of a low priority.
He agreed that the Town has an obligation to remedy conditions but was not
in favor of the acceptance of Jean Road this pear.
Upon the motion previously made and seconded it was voted 3 -2, Mr.
McLaughlin and Mr. Eddison voting in favor, not to lay out Jean Road as an
FY87 acceptance street
TAVERN LAN
Residents of Tavern Lane were present for discussion of that street's ""
acceptance.
Mr. Cohen reported that he found Into reference t o legal designati
such as "country lanes or historic roads ", which had previously been
discussed regarding Tavern Lane.
At a previous meeting, understanding had apparently been reached with
neighbors indicating that they would maintain the unpaved road and the Town
Manager agreeing that the drainage situation from Eliot Road would be
investigated and remedied if necessary=
Upon motion duly made and seconded, it was voted that Tavern Lane wi ll
not be laved out as an FY87 public way.
PEARL STREET
Residents of Pearl Street rejoined the meeting} to report that agrement
had been reached whereby Mr. Mabardy will supply the loam and seed and the
Goodwin family will supply the labor to complete the unfinished work
discussed previously in the evening.
Upon motion duly made and seconded, it was voted to lay out as a public
way Pearl Street, 340' from Bartlett Avenue to end. The Board's favorable
recommendation on acceptance of Pearl Street is sdbject to inspection and
final approval by the Town Engineer of completion by the abuttors of loaming
and seeding of the strip on the westerly side of the paved road. �,.
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Selectmen's Meeting .
BOSTON EDISON HEARING � DANE ROAD
February 11 1886
Mr. Marshall opened the public hearing on the petition of Boston Edison
for permission to install underground conduit to service 11 Dane Road.
Carol McM anus, representing Boston Edison, explained that the resident, Mr.
Golden, had requested the change from overhead to underground lines. Mr.
Tonaszuck's memo, describing the request and recommending approval, was
noted.
There be inq.no questions or comments in favor or in opposition, the
hearing was declared closed.
Upon motion duly rude and seconded, it was voted to approve the
petition of the Boston Edison Company for installati of e feet of
conduit in Dane Road, northwesterly approximately 340 -feet south of Foster
Road.
BOSTON EDISON HEARING - NORTH STREET
The Chairman opened the public Hearing on - the petition of the Boston
Edison Company for permission to install conduit'at 20 North Street as
requested by Mr. Slack, who wishes to change from overhead to underground
electrical service
Mr. Tonascuck's memo recommending approval and pointing out the need to
obtain a street opening hearing, was noted.
Ms. McManus described the work necessary to install underground service
to Mr. Slack's home.
There being no questions or comments in favor or in opposition, the
hearing was declared closed.
Upon motion duly made and seconded, it was voted to approve the
petition of Boston Edison Company for permission to install 13'+ of conduit
in North Street easterly approximately 885 feet southeast of Burlington
Street,
HOUSING AUTHORITY CEDAR STREET TEWKSBURY STREET MASS. AVENUE HOUSING
Mr. McLaughlin, Chairman of the Housing Authority and Mrs. Sullivan,
Housing Authority Director, were present to update the Board on progress
with construction of housing for handicapped on Cedar Street. A plan
showing the design and siting on the lot of the house was displayed. This
.building will house four persons, rather than the eight originally planned.
It is now planned that housing for four additional persons will be
constructed on Tewksbury Street, identical in design to the Cedar Street
building. Mr. McLaughlin forecast completion of this housing be late summer
The Authority's next project will be family housing for, handicapped on
Ma Ave. near Oak Street.
Mr. Marshall expresssed the appreciation of the Board for the progress
report and thanked the.Housing Authority for the information given.
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MINUTES
Upon motion duly made and seconded, it was voted to approve minutes of
the Selectmen's Meetings on December 30, 2385 and January 22, 13880
HANSGGM FIELD COMMISSION APPOINTMENT
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Upon motion duly made and seconded, it was voted to approve the
appointment by the Meriam Hill Association of Robert Domnitz as
representative to the Hanscom Field Commission, to fill the unexpired term
of Alan Lazarus to September 30, 18888
PERSONNEL ADVISORY BOARD APPOINTMENT
Upon motion duly made and seconded, it was voted to appoint Jason
Berger, 8 Glen Road, to the Personnel Advisory Board for a term of office to
expire on September 30, 18881N
STUDENT GOVERNMENT DAB'
The Chairman suggested several Town Meeting issues such as the Grace low
Chapel Rezoning; School Committee Computer funding request; and LEXPRESS
funding, as possible topics for assignment to students c hosen as Selectmen
for Student Government Day. It was agreed that the LEXPRESS funding request
woul be an appropriate assignment.
As suggested by Mr. Dailey, effort will be made toward more
opportunities for the students to become acquainted with the Selectmen _
during the period of preparation for Student Government Day.
BEQUEST TO ..'OWN
Mr. Cohen informed the Board of the bequest to the Town of Robert G.
Merriam in the amount of $10,040 to be used toward acquisition of public
land.
HATS MEETING - KATAHDIN WOODS
Mrs. Battin noted that she will be out of the country and unable to
attend the February 24th HATS meeting, at which the Katandin Hoods
development will be discussed, and suggested that Mr. Eddison attend in her'
stead.
Mr. Eddison agreed to do so but added that he did not want to take on
that responsibility as a permanent assignment. Redistribution of
Selectmen's assignmen will take place after the March 3rd election.
MINUTEMAN COMMUTER BIKEWAY
Mr. Eddison noted a memo from the Town Engineer, requesting a more
specific definition of the scope of the Town's responsibilities for
Selectmen's Meeting
February 11, 1936
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maintenance of the proposed commuter bikeway. He reported that each of the
involved Towns has been asked to make a commitment for maintenance and
policing of their sections of the bikepath. He felt that the suggested fora
letter to the State DPW was too broad and also saw a need to spell out more
precisely what the'Town's responsibilities will include. In order to
expedite the matter, Mr. Eddison was authorized to pursue this matter with
the State, with telephone calls to Board members, if necessary. Also, the
State DPW will be asked to be specific about its Maintenance
responsibilities.
KATAHDIN WOODS DEVELOPMENT
The planning Board meet with the Board by appointment for d i scuss i on , of
PON the proposed Katandin Woods development, the intent of the Selectmen being
to arrive at a position to be transmitted in a statement to the Board of
Appeals. Mr. Ullian, Boston Investment and Development Company was present
and the Housing Authority and Conservation Commission were represented. It
i o was noted that it would be within the Board's right o go into Executive
Session with the Planning Board and Hou.sing Authority for discussion of real
estate net+a �:�:�:�� and that any findings arrived at would be disclosed in
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Mr. Mars:all noted receipt that night of a letter to the Selectmen and
the Planning Board from Arthur Ullian, Who was asked to summarize its
contents.
Mr. Ullian displayed a site plan showing the 128 units proposed. He
outlined six issues which were referenced in the letter and which BICD asked
to have included in the Board of Appeals' comprehensive permit.
1. "The Cutler Farm House" on the Cosgrove property. If the Cosgroves
do not move the house, as indicated, BICD will move it to an appropriate
site within Lexington or on the site for use as a clubhouse.
2. The 26 units to be designated for low /moderate income families,
BICD agreed to provide more 3- bedroom and fewer 2- bedroom units than
originally proposed. The 102 non - designated units will be rented at market
rates under the terms of the TELLER program.
3. Distribution of the 1- and 2- bedroom low income units will be
distributed evenly throughout the development.
4. Financing of construction and permanent financing of the Project
will be through sale of tax exempt bonds by the Housing Authroit y under
guidelines of the TELLER Program.
5. Per Teller Regulations, the minimum "Lock -In" period for
low /moderate income units is 14 years, with a 10-year "Lockw-In" period for
the market rate un
S. BICD's right to convert the non -- designated units to condominiums
after the close of the "Lock -In" period and the Town's option to purchase
the Z b l o w/ mod erat e i nco me or one of the five 2 1/2 story buildi and
details of costs f such purchase by the Town, If the Town choses not to
6.
exercise these options, the 28 units will be retained by the Proponent at
affordable rents as prescribed by TELLER Regulations.
Regarding a suggestion for installation of a traffic light, Mr. Ullian
noted two entrances /accesses planned which he felt would result in low
traffic impact to the area. A final traffic study will be submitted to the
Planning Board and the Selectmen.
A memorandum, dated February 7th, to the Selectmen and Planning Board
from the Planning Director, entitled "Conditions for Approval of Katandin
Woods Proposal ", was reviewed by Mrs. Uhrig, Planning Board members and the
Selectmen. Mr. Bowyer's memo presented a range of issues for consideration,
with proposed conditions from which the Boards could make choices. The
following issues were outlined:
A. Housing Issues
1. Applicability of Housing Element, Comprehensive Plan
2. Insufficient Amount of Affordable Housing
8. Affordable Three - Bedroom Housing Units
4. Long Term Affordability
5. Rentals
8. Tenant Selection, Qualification
7. Income Verification, Substitution of Affordable Dwelling Units
B. Site Development Issues
8. Traffic Impact
8. Second Means of Access
10. Footpath
11. Cutler House
12. Swimming Pool, Clubhouse
18. Parking Spaces
C. Procedures
14. Adherence to Plans
The Se +ectmen and Flanning Board members then considered their
positions and choices of conditions for each of the issues listed. Mr.
Engler, Consultant, who had submitted an analysis of financial implications
relative to the proposal, also participated in the discussion.
A draft reflecting decisions reached on the various issues will be
prepared by Ms. Adler, for consideration of the Board on February 18th and
the approved letter to the Board of Appeals will included in the minutes
of that meeting.
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Selectmen' Meet
Upon motion duly made
Mr. Marshallm Mrs. Battin,
into Executive Session for
acquisition.
Upon motion duly made
i l l
February 11, 1586
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and seconded, it was voted 5 -0 by roll call vote,
Mr. McLaughlin, Mr. Eddison, Mr. Dailey, to go
the purpose of di scussing matters of land
and seconded, it was voted to adjourn at 11:55
p.m.
A true record, Attest:
Y
ion H . S Ow,
Executive Clerk
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SELECTMEN'S MEETING
,. February 18, 1986
A regular meeting of the Board of Selectmen was on Tuesday,
February 18, 1986, in the Selectmen's Meeting Room, Town Office Building at
7:80 p.m. Chairman Marshall, Mr. McLaughlin, Mr. Eddison, Mr. Dailey; fir.
Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Mrs. Snow, Executive
Clerk, were present.
PROCLAMATION, VISITING NURSES
The Proclamation of February 27, 1986 as Visiting Nurse and Community
Health Day as voted was formally presented to Patricia Hoyle, Public
Relations Director, by the Chairman for the purpose of photographing the
event.
STUDENT GOVERNMENT DAB'
Mr. Eddison reported that the issue selected for assignment to the
student Selectmen, funding of LEXPRESS, had been well received by the
students. Sara Arnold will be asked to provide background material on
LEXPRESS ridership and financials for review of the students before their
Marsh 25th meeting with the Board. Responsibility for guidance to the
students was assigned as follows:
Mr. Marshall/Sophia Emerson
Mr. Eddison /Audrey Poe
Mr. Dailey/ Brendan Murray
Mrs. Smith /Stephen Glick
Mr. McSweeney /Michael DiNapoli
TRANSFER FROM RESERVE FUND/CENTER FIELD LIGHTING
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Mr. Hutchinson recommended approval of the transfer from the Reserve
Fund of $20,000 to Article 59 of 3985, Center Field Lighting, He explained
that according to bids received, total costs for the project will be higher
than originally perceived and noted the time element involved for additional
Town meeting action, which he felt sure would be favorable.
` Motion was made and seconded to.approve the transfer.
Mr. Hutchinson, in response to a question as to why this cost
difference was not foreseen, listed the Recreation Committee's estimates for
consultant fees, design and bid package; construction inspection; test
borings; 7% contingency; and lighting contract, all of which proved to be
low when bids were received and which resulted in a shortfall of $18,000.
Mr. Marshall added that Recreation had assumed certain work would be done by
POW the Town i. engineering and this had not been the case.
Concern was expressed at the process involved in preparing estimates
for presentation to Town Meeting and a request was made by Mr. McLaughlin
that procedural rLaviews are performed to ensure against omissions and
underestimates. Mr. Eddi agreed that such estimates should be checked
thoroughly.
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Mr. Dailey was opposed to approval of the transfer' and saw this
situation as anayAgout with the track, with the second phase costing more
than anticipated.
Upon motion previously made and seconded, it was voted 3 to 1, with Mr.
Dailey voting in the negative, to approve transfer from the Reserve Fund to
Article 53 of 1995, Center Field Lighting, in the amount of $20,000.
CHAPTER 94 FUNDS HANCOCK STREET i
Upon motion duly made and seconded, it was voted to approve and execute
a Chapter 90 Request Form for use of $111,677.50 of the funds for
reconstruction of Hancock Street,
MASSACHUSETTS HOUSING PARTNERSHIP
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Mr. Hutchinson presented literature received from the Massachusetts
Housing Partnership, with information on a Homeownership Opportunity
Program, initiated by Governor Dukakis. $20 million dollars of the MHP Fund
will be infused into the production of single family homes and condominiums
for homeownership; and is expected to produce 3500 units over a 2 -year
period.
The Manager recommended that, in order to ensure Lexington's �
ejigibility to participate in the program, a letter of interest be sent and
asked authorization to do so.
Upon motion duly made and seconded, i t was voted to request the Town
Manager to respond to the Massachusetts Housing Partnership, expressing
Lexington's interest in participation in the MHP Homeownership Opportunity
Program,
NIOOLORO WINSHIP ROAD
James Nicoloro met with the Board to request Town improvement of
Winship Road which he claimed is necessary and appropriate because of Town
construction of Hillcrest Avenue plus 30 ft. of Winship road resulting in a
drainage impact on Winship Road. He contended that a crown at the top of
the rise dues not allow water to drain properly down Hillcrest and causes
the creation of a pond about 1 foot deep on Winship Road,
He requested that the situation he corrected by removal of the crown to
allow proper drainage. He felt it was the Town's responsibility even though
Winship Road is a private way, based on his belief that the Town had paved
the 30 feet of Winship Road and created the problem.
The Town Engineer had reported that no record of Town construction of
Winship Road can be found, and the Director of Public Works questioned
whether the Town has responsibility in the matter.
There was discussion of remedying the situation by filling, at a cost
of $700 +. It was agreed to delay decision on Mr. Nicoloro's request until
determination on who paved Winship Road can be made and where responsibility ago
lies for resolving the problem. Mr. Hutchinson will report back on the
matter.
Selectmen's Meeting � February 18, 1986
PROCLAMATION CAMP FIRE BIRT WEEK
Upon motion duly made and 'seconded, it was voted to proclaim March 16
to March 22, 1996 as Camp Fire Birthday Week, in recognition of the 76th
birthday of that organization.
ONE DAY LI VOR LICENSE W.R. GRACE RAE
Upon motion duly made and seconded, it was voted to approve the
application of W, R. Grace and Company RAEDACC for a one -day Liquor License
on February 24, 1966, for an employee farewell party to be held at 55 Hayden
Avenue.
WATER AND SEWER ABATEMENTS
Upon motion duly made and seconded, it was voted to approve abatement
of sewer user charges in the total amount of $999.13, for properties not
connected to Town sewer and therefore exempt from such charges; and of water
Poft charges in the total amount of $61.60, for adjustments to estimates.
CONSERVATION RESTRICTION - PHEASANT BROOK ESTATES
Upon motion duly made and seconded, it was voted to reexecute a
Conservation Restriction over portions of lots as set forth on a definitive
subdivision plan entitled "Pheasant Brook Estates, Lexington Massachusetts ",
dated April 2, 1964, revised July 20, 1964 and November 6, 1964.
CONSERVATION RESTRICTION - MASSP4RT /BEDFORD LINE
Upon motion duly made and seconded, it was voted to. approve and execute
a Conservation Restriction of a 2.9 acre lot at the Bedford line owned by
MASSPORT, in order to protect the natural and watershed resources of the
Town.
KATAHDIN WOODS COMPREHENSIVE PERMIT APPLICATION
A draft statement to the Board of Appeals on the proposed Katandin
Woods project prepared by Ms. Adler, was reviewed by the Board. In response
to the Chairman's request for any suggested revisions, several changes were
submitted by Mr. Dailey and agreed to by the Board.
Mr. Trautman, 277 Wood Street, and other abuttors present expressed
concerns regarding the proposal with respect to integration in the
PON neighborhood; environmental impact; scale of the buildings; density; traffic
impact; inadequate buffering of commercial abuttors; and location of the
main access on Wood Street.
Upon motion duly made and seconded, it was voted to approve the amended
recommendations of the Board of Selectmen for conditions and comments to be
included in a Comprehensive Permit, if approved by the Board of Appeals for
the Katandin Woods development, as follows:
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The Board of Selectmen has considered certain aspects of the above -
referenced project based upon information supplied by the proponent, the
Planning Board and staff ; _ and a consultant who was engaged on our behalf to
analyse some of the financial implications of the proposed development. we
offer the following comments an& suggested conditions to be included in a
comprehensive permit, should your board determine to approve the application.
At the outset we wish to recognize that the density of the proposed
project Is far greater than that which we would expect Town Meeting to approve
if this were a conventional multi - family development requiring Town Meeting
action.
The applicant, in a letter to the Chairman of the Board of Selectmen dated
December 5, 1985 (included in the application as Exhibit K), made certain
offers to the Town, which have been confirmed and /or modified in a letter dated
February lo, 1986, copy attached. These offers, and other terms the Board
deems appropriate, should be stipulated in a permit as follows:
1. The applicant shall, at the expiration of the "lock --in" period, or at
such other time as units are offered for sale, make available for purchase by
the Town or an agency it designates, 26 units of low and moderate income -
housing (as those terms are defined in the regulations of the TELLER program),
comprised of 8 one - bedroom; 12 two - bedroom; and 6 three -- bedroom units. The
price of each unit shall be the proportionate development cost of such unit
plus an amount equal to the capital gains tax attributable to such sale. The
applicant shall within six months of the date of the completion of the project,
which shall be defined to mean the date on which all units are occupied, advise
the Town Manager of the cost of the various types of units together with an
explanation of the method used to compute the costs and the financial records
of the applicant shall be available for inspection by such individuals as
designated by the Town Manager.
2. If the applicant elects to continue operation of the development as
rental housing beyond the expiration of the "lock -in" period, the low and
moderate income units shall be maintained as low and moderate income units;
provided, however, that the Town or an agency it designates may purchase the
low and moderate income units at the price defined in paragraph one above
whenever they are offered for sale or five years after the end of the "lock -in"
period, whichever is sooner. The applicant shall be responsible for payment of
all costs associated with the transfer of the units to the Town.
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3. All site improvements, landscaping and access ways shall be
constructed in accordance with the plan to which this permit refers, or to such
other revised plan as the Board of Appeals may subsequently approve. The
construction details of the buildings may be different than shown on these
plans but they must conform to the State Building Code. The buildings shall be
in the approximate locations as shown on the plans and the general appearance
of the dwelling with respect to massing, exterior materials and detailing as
shown on the plans shall be maintained. Prior to the issuance of a building
permit the applicant shall provide documentation, satisfactory to Town Counsel,
that he has the right to construct a means of direct access to Hartwell Avenue. Now
The Board of Selectmen would consider the inability to obtain access off
Hartwell Avenue to be a substantial change.
Selectmen's Meeting
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February 18, 1985
4. The applicant shall contribute not less than $25,000 to the Town of
Lexington to be used to offset in whole or in part engineering design and
construction costs for public improvements - - in the - immediate vicinity of the
development for pedestrian and vehicular safety. The applicant shall be
required to construct a sidewalk on Wood Street, at its cost, from Bates Road
to its property line at Hartwell Avenue.
5, Insofar as permitted under EOCD or other applicable regulation, the
rent for affordable dwelling units shall be calculated on the basis of the
income of the mean size of potential applicant households, without exceeding
the 30% of gross annual income guideline.
6. Data on the income of tenants of the affordable housing units shall be
submitted to the Lexington Housing Author ity.each year. If a household's
income has risen so that it no longer meets the maximum income guidelines, the
tenant may remain in the dwelling unit provided the applicant substitutes
another market rate unit to be an affordable unit. If no market rate unit with
the same number of bedrooms is available a unit with one less bedroom may be
substituted.
7. The applicant shall give preference in the selection of tenants for
the affordable dwelling units to low- and moderate- income households. Vacant
units shall be offered to persons holding Section 8 or comparable rent
sup plement certificates and low-- income households on a list maintained by the
Lexington Housing Authority. The applicant shall apply directly, or request
the Lexington Housing Authority to apply, to EOCD for additional certificates
and /or Section 8 leases if necessary to fill the available units
8. The applicant shall conduct an affirmative action marketing effort
comparable to that required by the Massachusetts Housing Finance Agency in
administering the SHARP program to advance the Town's fair housing objectives.
Equal consideration shall be given to Town employees who apply for units and
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are qualified under income guidelines.
A member of the Hoard of Selectmen will attend your hearing on February
27, 1986, and would be happy to explain the reasoning behind the above should
you so desire.
Upon motion duly made and seconded, it was voted 4 -- 0 by roll call vote,
Mr. Marshall, Mr. McL aug hl in , Mr. E dd i so n, Mr. Dailey, to go into Executive
Session f or discussion of matters of litigation, with no intent to resume open
session.
Upon motion duly made amd seconded, it was voted to adjourn at 9:5 p.m.
A true record, Attest: ;!/!
Marion H . Snow
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Executive Clerk
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SELECTMEN'S MEETING
February 25, 1986
A regular meeting of the Board of Selectmen was held on Tuesday,
Februaru 25, 1986, in the Selectmen's Meeting Room, Town Office Building, at
at 7:30 p.m. Chairman Marshall, Mr. Eddison, Mr. Dailey; Mr. Hutchinson,
Town Manager; Mr. Cohen, Town Counsel.; Mrs. Snow, Executive Clerk, were
present.
BOSTON EDISGN
Mr. Marshall opened the Public Hearing on the petition of Boston Edison
Company for permission to install two utility poles on Columbus Street.
Mr. Chisholm, representing Boston Edison, showed a map of Columbus
Street and locations of the two new poles to be installed for additional
lighting.
The February 7th memo from the Director of Public Works and
Engineering, recommending in favor of approval of the petition, was read by
the Chairman.
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 permission to
erect utility poles on Columbus Street; one pole on the southwesterly side
approximately 443 feet southwest of Lake Street.
Permission was also granted to ?ay and maintain underground laterals,
cables and wires in the above or intersecting public ways,
REPRESENTATIVE DORAN
Representative Doran informed the Board 'that the House had adapted the
recommendations of the Local Aid Committee on the Local Aid Formula 120 to
33. He added that there are hopeful signs, however, evidenced by debate on
100% replacement of General Revenue Sharing Funds and that 66 votes had been
received on that point. He noted that the trend had definitely had been for
larger percentages of replacement for urban cities but that he favored the
same percentage for all municipalities.
He suggested that the battle was not over and that further lobbying for
additional money mould occur in April. He noted that the State has
resources to fund 75% replacement and urged that efforts of the
Massachusetts Municipal Association and towns such as Lexington be t
continued.
Mr. Eddison thanked Mr. Doran for his efforts and will have a copy of
his February 24th letter to Governor Dukakis requesting increased State
funding for offsetting Genera. Revenue Sharing losses, seat to the
Representative.
Mr. Marshall agreed that pressure should be kept on and that Senator
Kraus, whose views differ from Mr. Doran's, and the Governor should be
reminded that they serve all the people. He noted that the 10 -- 90%
spread, and the rationale behind the allocations has not yet been explained.
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Mr. Doran updated the Board' on the status Mediation Enhancement,
Binding Arbitration, and the Pension ,Reform Plan. He noted that the
Governor has signed the County Government Charter Reform Bill and that a
Charter Commission will be formed to give its recommendations on the future
of County Government,
Mr. Marshall thanked Representative Loran for his attendance and
encouraged his continued efforts on behalf of the Town.
CHOATE /3YMME5 PROPOSAL, ARTICLE 47
Choate /Symmes Health Services, proponents of "Chesterbrook ", a life
care retirement facility on Waltham Street at the Waltham line, met with the
Board to present features of a plan for development.of a 29 acre site owned
_by -by LeVi ncent and Ricci. Trustees of Choate /Symmes , Mr. Bailey, Mrs. Ri f f i n ,
Br. Cl- ar.k_e and Mr. Brodhead, were also in attendance. Rezoning from RU to
RD under Article 47 is being sought.
Mr; Huebner, protect manager, gave a summary of the proposal for 229
units and an intense service package for residents of an average age of 79,
with a unit mix of 1, 21 3 bedroom apartments and 2- bedroom townhouses.
The fee structure, which requires an initial fee and monthly rental
payments was explained. Mr. Huebner gave an example of an initial fee of
$130,000 and $1 r OOO /month for the 1- bedroom unit and listed the services
available to residents such as dining; guest accommodations; housekeeping
and linens; recreational activities; transportation; health education;
assistance in living services; and health services. Traffic study results
indicate the existing traffic flow on adjacent roads will not be altered by
the Life Care Center activities.
An illustrative site plan and renderings were displayed, showing the
apartment units, nursing home and the community center.
Mr. Huebner listed benefits to the Town: the development would meet
the needs of a portion of the population; mould promote turnover of housing
stock; one half of the units would be on a right of first refusal basis for
Lexington connected applicants; and, as a non - profit operation; a payment in
lieu of taxes would be made.
In discussion of affordability, Mr. Huebner stated that a person who
had a home to sell plus and an income of $25 year could carry the
expenses and again listed the additional services and levels of care
available to residents , which are included.
Mr. Huebner and the Board of Trustees were thanked for the presentation
and information provided.
MINUTES
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Upon motion duly made and seconded, it was voted to approve the minutes
of the Selectmen's Meeting on January 29, 1996, as presented.
Selectmen's Meeting . -3-- 'February 25, 1986
MINUTEMAN COMMUTER BIKEWAY
Mr. Eddison submitted a draft letter to Commissioner Tierney, Mass.
L.P.W. endorsing the proposed Minuteman Commuter Bikeway and accepting
responsibility for maintenance and policing of the portion of the bikeway
that lies within Lexington. He reported that he had conferred with Cathy
Buckley of CTPS, whose investigations S howed that the Town's responsibility
would include mowing, sweeping, litter removal, shrub trimming and repair of
pot holes, but no major repairs or cons truction o f bridges, culverts o the
right -of way itself.
Upon motion duly made and seconded, it was voted to approve the letter
to Commissioner Tierney as submitted.
It was agreed that a cover l etter, specifically defining the scope of
Lexington and State responsibilities, be also sent to the Commissioner.
Mr. Hutchinson will prepare a report for the Board with information on
limiting access to the right -of --way, with specifics as to where o bstructions
will be placed.
?Mk CHAPTER 90 NOTES
Upon motion duly made and seconded, it was voted to award two noted in
the amounts of $25,000 each to Boston Safe Deposit and Bank of New England,
lowest bidders, for Chapter 90 Street design issue, for work on Marrett Road
and Bedford Street,
TEMPORARY CONSTRUCTION EASEMENTS HANCOCK STREET
Upon motion duly made and seconded, the intent to take temporary
construction easements for reconstruction of Hancock Street, under Article
45, 1984, was voted.
LEXPRESS
Mr. Hutchinson reported that the only two bids received by the
Transportation Advisory Committee for LEXPRESS had been higher than
anticipated. The Committee feels it has to consider possible service.
reduction.
Mrs Eddison added that the Commi has come up with 4 or 5 options
which can be implemented without seriously hurting service. They will meet
with the Selectmen when their recommendations are ready.
POLLING PLACE ACCESSIBILITY
Mr. Hutchinson noted the need to seek exemptions regarding polling
place accessibility for elderly and handicapped voters at Cary Hall and
Harrington School. Report on this procedure will be submitted when the
Permanent Building Committee has completed its �.nvestigations, now in
progress=
He felt that the School Department will continue to make Maria Hastings
School availab?e under any future leasing situation.
CAMELLIA PLACE
With regard to the request by Mr. Busa for an all purpose easement from
Camellia Place to Bedford Street to allow southbound exiting traffic to
enter Bedford Street at the Camellia Place traffic lights, Mr. Hutchinson
reported that recommendations of the Town Engineer and the Traffic Safety
Advisory Committee will be submitted to the Board in the near future.
BUDGET REVIEW
Mr. Hutchinson briefly reviewed progress with several budget items,
including Recreation Department; Group Insurance; office Machinery/Capital
Outlay; Police and Eire Departments; Westview Cemetery; and Human Services.
The Board will vote its Budget recommendations on March 11 and March 18 to
allow adequate time for preparation of in for Town Meeting.
COMMITTEE CHAIRMEN BREAKFAST MEETING
It was agreed that a meeting of committee chairmen will be called on
March 14th at 7:30 a.m. for discussion of budget and other town meeting
related topics.
FY87 SIDEWALKS
Mr. Tonasruck reviewed sidewalk construction for consideration in FY87
and pointed out areas on a Town map on Massachusetts Avenue, from Waltham
Street to Lexington Square; Worthen Road at Medi Hart; East Street, from
Lowell. Street to the Town line; and Pleasant Street, from Concord Avenue to
Lawrence Larne. He recommended that Pleasant Street from Worthen Road East
to Watertown Street and Prospect Hill Road from Marrett Road to Middleby
Road be considered in EY88,
Regarding East Street sidewalk, he,reported that there would be no
impact on trees and the neighbors are in favor of the project which would
also relieve their concerns about street widening. He felt it a valid
project at $15,Ooo.
Mr. Hutchinson recommended in favor of the first four projects at a
cost of $104,'000 ($115, 000, if brick on Massachusetts Avenue),,
EXECUTIVE SESSION
Upon motion duly made and seconded, it was voted 3 - 0 by roll call
vote, Mr. Marshal., Mr. Eddison, Mr. Dailey, to go into Executive Session
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Selectmen's Meeting February 25 1988
for the purpose of di scussion of land negotiati with no i ntent to resume
open session.
Upon moti duly made and seconded, it was voted to adj at 14:15
P am*
A true record, Attest:
Mar H..Snow
;_� Executive Clerk
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