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HomeMy WebLinkAbout1986-02-BOS-minSELECTMEN'S MEETING February 3, 1995 r � 7 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 S �.iui +�rn.rn���riwr +� 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. A t�� , 2- SENATOR KRAUS, LOCAL AID rrwrnrr�rr�� *�riNrA ur•�rugir����Nnirni�.r�� 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. • now NNW 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 " � p � r p } �ng the 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} 4 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. _.. -4- 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 p �r 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. Ono 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. 2 i� ,m 6- r te^^^ + 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. r A true record, Attest: Mar H. Snow '= Executive Clerk Ono 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 g y 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. i i 1 loop r2- 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. �,. �f 1 1) -3- 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. �1 MC 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 r��rrrrrr ....�wrww.�r.rrr.+.rr_in. rii. iiri. r. rr. i. noin�r. ninniin�. rr.. nin. rrwr. no.isnii.r•ir�.r..rr.wir.� 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 -5- 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 } r ��� W 1r s�4 L►� / 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. now 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 _7- 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 �� r l 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 -- — . � � � � �� � � �� �. m�..nnom�•n�i wru. r• r• i. m .r.�rrrr�irnm.MUr.n..no.�n�.rrr 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. . 2 r y 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 mow 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: f - 4 - 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. low 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 F� 5` 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 y 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 i Executive Clerk s P '.r r POM 3I AS 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. , 2 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 s .NW 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 N" 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 ii