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HomeMy WebLinkAbout1986-12-BOS-min SELECTMEN'S MEETING December 2, 1986 A regular meeting 6: the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Tuesday, December 2, 1356, at 7:96 p.m. chairman Edd i son, Mr, Dailey, Mrs. Smith, Mr. McSweeney; Mr. Hutchinson, Town Manager; Mr, Cohen, Town Counsel; Mrs. Snow, Executive Clerk, were present. Mr, Marshall joined the meeting later. BOSTON EDISON HEARING, ELIOT ROAD A Public Hearing on the petition of the Boston Edison Company for permission to install conduit in Eliot Road was opened by the Chairman. William McCart, representing the Edison Company explained the need because the owner of property at #I Bennington Street has changed the existing overhead electric service to underground service. The recommendations of the Director of Public Works in favor of granting approval for the work was noted. There being no other comments in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and orders of the Boston Edison Company to obtain a grant of location for the installation of about five feet of conduit in Eliot Road, southwesterly approximately 87 feet southeast of Washington Street. BOSTON EDISON/N.E. TEL & TEL. , HEARING EARTNG MA _RE ROAD OAD The Chairman opened the Public Hearing on the petitions of Boston Edison Company and New England mrI ph Te Company for permission to install a hip guy and anchor in Maguire Road at an existing pole. Carol McManus, representing the Edison Company, explained the need for the work to properly secure the pole. A memo from the Director of Public Works, recommending favorably on the petition was noted. There being no further comments in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plans and orders of Boston Edison Company and the New England Telephone & Telegraph Company to locate one hip guy and anchor at existing pole 399/1 on the northerly side of Maguire Road, approximately 10' easterly of Westview Street. MINUTES NOVEMBER 4, 1985 The minutes of the Selectmen's Meeting on November 4, 1986, w4rL approved as presented. LOCAL TRAFFIC u N i ROL LEG l i LA i I Oi , SEN. KRAUS 0111.1. Mr. Hutchinson referred to correspondence from Senator Kraus in which he informed the Board of a bill recently filed by Public Works Commissioner Tierney whereby certain powers which are currently regulated by the state would be returned to towns and cities. These would include the placement and maintenance of parking signs, traffic signals, stop signs and other such items. The Manager referred to concern of our DPW that under this bill only local views on traffic matters would be taken into consideration and would -2- result in lack of uniformity from town to town. He felt that the State takes a more long range view on traffic matters. Mr. Tsnaszuck noted that the Town would make judgements about signs, etc. and that the State would review the Town's decisions as to compliance with the DPW Manual on Uniform Traffic Control Devices and the Department's Sample Regulation for a Standard Municipal Traffft. Code. Upon motion duly made and seconded, it was voted to inform Senator Kraus of the support of the Board of Selectmen of the proposed legislation. TRANSFER FROM RESERVE FUND, HAZARDOUS WASTE COLLECTION The Town Manager requested authorization of a request for transfer from the Reserve Fund to support the hazardous waste collection drive held on October 25. He reported a large increase in volume collected and that the cost to the Town per participating resident had teen almost COO each. A conference with the League of Women Voters regarding alternate future procedures aimed at cost effectiveness, including exploration of collections in conjunction with other Towns, was suggested. Upon motion duly made and seconded, it was voted to approve a transfer from the Reserve Fund to Hazardous Waste Collection, #01-300-586-5301 , in the amount of $1.6,100. HANSCOM FIELD SEWER AND WATER RATES Mr. Hutchinson reported on a meeting with officials at: Hanscom Air (mow Force Base for discussion of increased water rates which he, Mr. Tonaszuck and Mr. Field had attended on December 1st. Air Force officials had objected to a price structure which would have brought the Air Base to full cost. Since they have an extensive internal system that they pay for, as a compromise, the Air Force had accepted the concept of an increase compatible with their current % of full cost which is 73.4%. Therefore the rate will be approximately 73.4% of $0.74. The Manager noted that Hanscom does provide extensive support to the Town and that a good relationship had always been maintained. Upon motion duly made and seconded, it was voted to approve proceeding with negotiations with the Air Force along these lines. MUNROE SCHOOL PROPOSAL The Town Manager reported on progress with a proposed lease structure renewal for Munroe School. The building has been rented at $1.50/s.f. and he felt that an increase would now be warranted. He had informed the tenants that the term of the lease would be to February, 138E, not the five- year period requested. Tenancy of the building was outlined which Mr. Hutchinson felt constituted an economically strong rental program. He will give the Board a detailed report on costs for subsidies of Arts/Lexington who deals with all other tenants, and on other aspects of rental of the school. MARRETT ROAD/RTE. 2A Mr. Hutchinson reported on approval by the State of 25% plans for Marrett Road. The next step in the process would be preparation of an environmental statement required by State and Federal agencies as part of { Y I Pim Selectmen's Meeting -3_ Decor 2, 1986 the "4-F" hearing procedures. The BSC Group has requested an additional $10,000 for this work. In a memo dated, December 2, 1986, the Director of Public Works suggested that the Board of Selectmen seek Mass. DPW permission to use a portion of highway improvement funds advanced to the town by the state. Mr. Tonaszuck's estimated design schedule for processes leading to review of 90 plans by State and Federal agencies, totalling 16 months, was reviewed. Mr. Hutchinson asked for the Board's authorization to request use of State funds for preparation of the environmental statement and to go forward with the 4-F project for Marrett Road. Mr. Marshall asked for exploration of ways to implement the project with as much speed as possible. Upon motion duly made and seconded, it was voted to authorize the request to the Massachusetts Dept. of Public Works for use of $10,000, to cover the environmental statement on the plans for improvement :f Marrett Road. BEDFORD STREET IMPROVEMENT PLANS A letter from Commissioner Tierney, state DPW Commissioner, giving the State's decision on compromise plans on Bedford Street improvement, was noted. The State had disapproved the inclusion of traffic signals at Eldred Street, which are desired by area residents. oink The North Lexington Road Improvement Study Committee will meet on December 11th for review of the State's decision and will report on its views to the Board. SUMP PUMP CONNECTIONS, SCHOOLS HOOLS Mr. Hut c h i:sot comT l iment ed the Dept. of Public Works on work done on sump pump connections at the schools, which had been done at a great cost savings to the Town. UNPAVED PRIVATE ROADS The Town Manager reported on the program of grading/improving unpaved private roads in the Town, for which residents of the roads worked on were billed. He suggested the possibility of roads in other areas being improved, in addition to those listed. SEN, AMI CK BILL, JET FUEL, HANSCOM FIELD The Town Manager asked for the Board's view on a bill be ng proposed by Senator Amick relating tL the jet fuel tax. The Town has accepted Chapter 64J of the General Laws which provides for the collection of a jet fuel ta.. on each gallon of aircraft fuel s:1d or used in the Town. Sen. Ami ck's hill would provide that the four towns in which Hanscom Field is located would share proportionately in the revenues from the tax according t o Hanscom Field land area in each town, regardless of where the fuel is actually sold pima or used. Upon motion dul . made and seconded, it was voted to authorize the Town Manager to express the Board's support of the bill proposed by Senator Amick, regarding the Jet Fuel Tax. _4._ NOVEMBER 30, FIRE, LEXINGTON CENTER Mr. Hutchison outlined Chief Bergeron's 12/2/SE memo describing the November 30 fire in Lexington Center. The Chief noted the excellent support of the DPW and Police Department including traffic and crowd control, investigation, sanding, barricades and other related functions as well as aid from fourteen other communities. Mr. Hutchinson has been contacting owners of the burnt-out businesses in an effort to provide assistance. He reported a problem that had developed regarding water being pumped from basements into the Vine Brook which had become contaminated with oil. The DEOE was called and work is proceeding on containment and alternate measures for disposing of the water. Upon motion duly made and seconded, it was voted to write letters of appreciation from the Board for assistance given by ntr=er Towns during the fire and to commend Town departments for their support. Mr. Marshall -asked for exploration of the restrictions of the Zoning By-Law relative to rebuilding in the Center. The Manager noted that new structures may not exceed the square footage of the existing buildings. BOARD OF ASSESSORS PUBLIC :NFC. SESSION, REEVALUATION PROCESS Mr. Hutchinson referred to an explanatory letter to taxpayers and an informational sheet on the reevaluation of property wh i cn were sent with tax bills. He outlined procedures for appeals to the Assessors by residents who dispute the determination made on their property. vow A Public Information Session is planned for December 4 at 8:00 p.m. in Cary Hall for citizens V o better understand the process. APPOINTMENTS TO COMMITTEES: LEXHAB Upon motion duly made and seconded, it was voted to reappoint the following to the Lexington Housing Assistance Board for terms to expire on December 5, 1989: Jean Daudet 12 Stedman Road Donald D. Wilson 3E Fern Street Ronald W. Colwell 127 Kendall Road LEXINGTON CENTER COMMITTEE Upon motion duly made and seconded, it was voted to a:poi.rpt William H. Bowen, 118 Marre t t Road, t o the Lexington Center Committee for a term to expire aw 4 e` n b`i +w.3 * 192'. HUMAN SERVICES COMMITTEE Upon motion duly made and c.econded, it was voted ted }1 appoint Renee T. Cochin, 7 Partridge Road, to the Human Services Committee for a term expire on September 30, 138 LEXINGTON HOUSING A;, THOR:`T`Y Mr. Edd i on noted a letter from Amy Anthony, Executive Office of Communities & Development, requesting nominations for the State seat on the Lexington Housing Authority, which will expire on anua1.y 2', 1987. Selectmen's Meeting -5-. December 2, 1986 Mr. Marshall moved to nominate Leona W. Martin as a candidate and outlined her experience in many community activities. He felt she would aggressively support Governor Dukakis' program to increase low/moderate income housing. Mrs. Smith seconded the nomination. Mr. Dailey said he would nominate Lillian MacArthur, who currently served in that capacity on the Authority. He felt that it had been the practice of the Board in the past to reappoint incumbents who are willing to serve and have done a good job and felt that that policy should not be departed from. He noted that the Housing Authority had stated its support of Mrs. MacArthur. He disagreed with the action of taking a stand as a Board against Mrs. Ma cArth ur's appointment. Mr. Marshall said he would agree not to vote as a Board, but would indicate to Amy Anthony h i s support for Mrs. Martin. Mr. Eddison agreed that Mrs. Martin would be a valuable asset and would agree to either procedure: either voting on a recommendation or not voting as a Board. Mr. Dailey said he would move that Board members each express their sentiments to Ms. Anthony, with no formal expression by the Board. Mrs. Smith also supported Mrs. Martin as a qualified candidate and agreed with the "no vote" concept. Mr. McSweeney also agreed not to vote. After conference with the Housing Authority, he felt that Mrs. MacArthur would contribute significantly to the low/moderate income housing program and should be allowed to continue to serve. r Mr. Eddison summarized that the consensus of the Board was not to vote on the issue, and that each member would communicate his or her view on the nomination to Ms. Anthcny, individually. DESIGN ADVISORY GROUP COMMITTEE CHARGE, Mr. Eddison noted a draft charge to the Design Advisory Group and Design Advisory Committee and asked for any comments car suggestions for improvement on the document. He referred to a list of members of the previous 11976) Design Advisory Group which is to be revitalized and from which the Design Advisory Committee members will be selected. Upon motion duly made and seconded, it was voted to approve the Charge to the Design Advisory Group and Design Advisory Committee, as presented. REFERENDUM QUESTION - LOCAL AID The Chairman reviewed the request of Donald Marquis, Arlington Town Manager, for support= and assistance in Arlington's efforts to have a question placed on the 1988 State wide ballot asking for the return of 50% of the state's growth taxes to cities and towns. The Board was not in favor of this approach and expressed opposition to referendum government. The Town Manager was requested to inform Mr, Marquis teh at Lexington will defer taking a stand on the matter. CONSENT AGENDA SEWER/WATER ABATEMENTS. Upon motion duly made and seconded, it was voted to approve abatement of sewer revenue in the total amount of $123.41, for property not connected -6- to Town sewer and for incorrect customer reading; and for water Revenue in mow the amount of $84. 70, for incorrect customer reading. LICENSE RENEWALS 1387 LIOUOR LICENSES Upon motion duly made and seconded, it was voted to approve applications for renewal of licenses for the ensuing year, as follows: Le Restaurant Bellecour Be . Canto Restaurant Lexington Liquor Mart, Inc. The Hartwell House, Inc. Cory's of Lexington EEL CANTO LIQUOR LICENSE Regarding approval of the Common Victualler Liquor License for Bel Canto Restaurant, destroyed by fire on November 30, the Chairman noted that the license can be approved by the Board, but not issued to Bel Canto until the restaurant has been rebuilt and reopened. COMMON VICTUALLER LICENSES Dunkin Donuts Friendly Ice Cream Le Bellecour Putnam Pantry Bel Canto Restaurant ' Brigham's COMMON CARRIER LICENSES James H. McCarty Hudson Bus Lines mow Boston Tours A Yankee line Dee Bus Service ENTERTAINMENT LICENSES Tara Lexington The Hartwell House CLASS Auto Engineering, Inc. Le;:ington Toyota Sales — Ac- Ill Cohn P. Carroll Company, Inc. INNKEEPER Tara Lexington TRAFFIC RULES AMENDMENT - Mass. Avenue/Meriam Street Upon motion duly made and seconded, it was voted t: execute the amendment to the Traffic Rules and Orders of Lexington, authorizing removal sf one parking space on Mass. Avenue at Meriam Street, as approved on November 4, 198E. ONE-DAY LIQUOR LICENSE Upon motion duly made and seconded, it was voted to approve application for One-Day Liquor License by Et. Brigid's Parish, 20:1 Mass. Avenue, on wag December 31 , 1986. sonft Selectmen's Meeting -7- December 2, 1986 Upon motion duly made and seconded, it was voted to approve local Officials Bond for Assistant Treasurer Susan Adler, in the amount of $45,000. PINE MEADOWS GOLF COURSE Mr. E dd i son read a statement prepared by him a + t,the Town Manager, for release to the Press regarding an agreement with the owners of Pine Meadows Golf Course on a joint discontinuance of legal action relating to the acquisition of• the Golf Course and adjacent land, Upon motion duly made and seconded, it was voted to approve the Press Release regarding the Pine Meadows Golf Course, as presented. Upon motion_ dui y made and seconded, it was voted to adjourn at ; (-) A true record, Attest: I /4-62-crtion H. Snow Executive Clerk PIM I PIM 1 r .) L 4 v r f i k \ 1 Vf SELECTMEN'S JE .rMrQfS M E Ei T* 3 .December 16, 1986 \-1)4- A regular meeting of the Board of Selectmen was held on Tuesday, December 16, 1'186, in the Selectmen's Meeting Room Town Office Building, at 7:30 p.m, Chairman E disc;, Mr. Marshall, Mr. Dailey, Mrs. Smith, Mr, McSweeney; Ms. Adler, Assistant to the Town Manager; Mr. Cohen, Town Counsel; Mrs. Snow, Executive Clerk, were present. Mr, Hutchinson, Town Manager, joined the meeting later in the evening. PUBLIC HEARING - BOSTON EDI SON, NORTH STREET CONDUIT The Chairman opened the public hearing on the petition of Eos tc n Edison Company for permission to install conduit i n North Street. Carol McManus, representing t`e Edison Company, e x L l a i r ed for the w:ric t: supr y electric service to a new home at #169 Lowell Street, The Director of Public Works' memo recommending ap rbval of the request was noted. There being no further comments in favor or in opposition, the hearing was declared closed. Upon motion duly made and seconded, it was voted to approve the petition, plans, and orders of Boston Edison Company to obtain a grant of Pm location for installation of conduit in North Street, as follows: North Street - easterly approximately 150 feet south of the Lexington/Burlington Town line, a distance 4=f about 12 feet. MINUTES - 11/18/86 AND 12/2/86 Upon motion duly made and seconded, it was voted to apprc.•e the minutes of Selectmen's meetings on November 18, and December 2, 1985, as presented. AFPCI NTMENT TO HISTORIC DISTRICTS COMMISSION Upon motion duly made and seconded, it was voted to re-appoint Richard S. Morehouse to the Historic Districts Commission, representing the Board of Selectmen, for a term of office to expire on January 1 , 1992. PINE MEADOWS CMMI TTEE DISSOLVED The Chairman noted that the issue of acquisition of the Fine Meadows Golf Course has now been deferred for at least three years, based upon the agreement between the Town and the owners of the property to discontinue legal action relative to the acquisition and recommended that the "Fine Meadows" Committee be dissolved. dissolve Jp r ii motion duly made and s e 1��n ded, it was v L t L Li 7.i'� the Bede' omen's Advisory Committee on Financing of the Purchase of Conservation Land and the Acquisition of the Pine Meadows Golf C o.:r=e and d jacent Land. CP. 90 FORMS, MARRETT ROAD oimik Upon motion duly made and seconded, it was voted to approve and execute Chapter 90 Initial Advisory Report for the use of E0.000 in State Grant Funds for consulting services in conjunction with pians for t improvement of Marrett Road, as recommended by Walter J. To naszuck, Director of Public Works/Engineering. J ? ! -2- AUXILIARY/SPECIAL 2gamyAUX LIARY/SPECIAL POLICE FORCE Ms. Adler reported that the issues involved in establishing an auxiliary police force to supplement the reL al ar force are being explored. The proposed program has the support. of Chief r urdon. These volunteer officers would aid the Police Department in various tasks i .e. traff+c and crowd control, checking security of public buildings and responding to emergencies. The cost of outfitting an officer would be about $1 ,300, including firearms and handcuffs. Also being looked into is the cost of liability insurance. Mr. Edd i sc=r. questioned t y e nee, to equip the volunteers with guns and handcuffs. Mr. Marshall suggested that a better approach economically might be the use of private security officers, which he would prefer. He also ques t i gi=nned the financial impact on regular policemen who depend on money earned for special spc i al ietils and felt that if th at opportunity was lessened, i1 could impact Ltr a Town's collective bargaining position. Ms, Adler noted that it is sometimes difficult tc fill special details and t a+ regular officers w:old have first choice j Lr these f n h=. Mr. Marshall added that hat ihought should hodd be giver. to th y length engLh cc appointments and to periodic review as ira" :frratioas c= aLxa- rarfi. officer;. Mr, Edd i s:n requested n wi fe information as to the experience of other 'mop towns who have such volunteer forces. The Town Ma;a er will continue to explore all issues and will report L L o the Board. Members were ached to transmit any further {'clmment= =d suggestions to the Manager. T ANiER FROM RESERVE FUND, SNIOR CENTER Ms. Adler explained the basis of the request of the Council on Aging for a transfer of funds to supplement costs resultant from the termination of the management contract with the Noyes Corporation. Mr. Edelson, as Liaison to the Council , supported the request=. Upon motion duly made and seconded, it was v c=t,ed to approve transfer from the Reserve Fund to Account *01-531-102-5780, Counc i. on Aging, in the amount of $4,000. MUNROE SCHOOL LEASE Ms. Adler outlined details of a new lease for Munroe School, recommended by the Town Manager, and a report on the current tenancy. Question was raised as to the rationale for determining the rate structure; i= not the came f L r all tenants. Mr, Edd i son =aid he wou'd l i ke to see a conceptconcepton rental fees developed rater than having an a t,i i'vr al sf decision made in each case. Adler noted the use of the tui !di rg is u� d { 3 1 r�. noted 1.�i rL �.�}.�Lw�i� restricted �...�i i�i zoning regulations and that thought is given as to public purposes accomplished an L needs served when deciding on a rate. 1t was pointed out that there appears to be no influx of prospective tenants and that it was desirable to keep the building occupied while ..� decision on its ultimate use is still undetermined. Mr. Dailey suggested that it might be best to continue *to xeep the building full under the f urisdi Lio: of Yhn Town o1n Manager, until that decision is made. isomh Selectmen's Meeting -3- December 16, 1986 Leases will expire in 1988 and it was thought that by that time, it will be known if any increase in school population would cause a need for Town use of Munroe or Hastings Schools. Upon motion duly made and seconded, it was voted to endorse the leasing arrangements for the Munroe School as proposed by the Town Manager, and to approve extension of the lease to February, 1988. TRAFFIC SAFETY ADVISORY COMMITTEE Mr. Eddison expressed the strong appreciation of the Board for the effective work of the Traffic Safety Advisory Committee in investigating and recommending on the many traffic safety issues with which the Board must deal. Chairman Peter Chalpin and Eric Clarke of the Committee were present, at the Board's invitation for acknowledgement of -the Committee's assistance and service. EAST LEXINGTON TRAFFIC SIGNALS Mr. Chalpin reviewed the preliminary studies of the Traffic Committee on the feasibility of installation of traffic signals on Mass. Avenue at its intersections with Marrett Road, Maple Street, and Pleasant Street. The mom% Committee recommended against these installations based on accident statistics at intersections with comparable volume which are signalized and which have a higher accident rate than the four noted above. It was noted that State Warrants for Maple Street, Pleasant Street and Marrett Road were satisfied and would allow for the installations but the Committee saw no advantage to begainedin safety or convenience by signalizing these three intersections. None of the Traffic Signal Warrants were satisfied at Taft Avenue for either vehicular or pedestrian signals. The Traffic Committee again recommended replacement of pedestrian signals at the East Lexington Library for improved visibility to motorists and safety to pedestrians. Mr. Marshall disputed the rationale of comparing signalized and unsignalized intersections and basing the recommendation on that factor. He noted that Warrants had been met and felt that the problems on Mass. Avenue would be partially resolved by traffic signals to change the flow of traffic. Dr. Clarke noted that area residents present at the Traffic Meeting had seemed to feel that improvements to the Library signals was more necessary than signalization at other locations. Upon motion duly made and seconded, it was voted 4 to 1 to accept the recommendations of the Traffic Safety Advisory Committee on proposed traffic signal installations and improvements in total, as previously stated. Mr. Marshall voted in the negative. pm. A Warrant Article for the 1987 Annual Town Meeting will be prepared to request funding of the signal improvements at the East Lexington Library. LEXINGTON CENTER FIRE Robert Bowyer, Planning Director, was present to speak on the zoning and development implications of the November 30th fire in Lexington Center. Regarding rebuilding, he noted choices to be made under the Zoning By- Law. -4- The owner can rebuild with the same floor area and for similar types of uses with no penalty for insufficient parking. The concept of building a two- story building, allowed under the Zoning By-Law, was discussed. In that case, the building would be treated as a new building and off-street parking must be provided for the whole building. He had talked briefly with the owners and they had mentioned a two-story building with underground parking, permitted by the Zoning By-Law. He pointed out the problem of a ramp needed for such parking, the space it would take from the public parking lot and the interference with loading and service whiff could be caused. He thought it likely that some off-lot parking spaces would have to be provided/ which the Zoning By-Law allows anywhere in the CB District. Since there is not much privately owned space for parking elsewhere in the Center, he felt the most logical approach would be to work out an arrangement with the Town relative to the adjacent public parking lot. Because existing Town-owned spaces cannot be used to meet zoning requirements for new construction he felt it would mean a multi-level parking structure on the adjoining Town lot, a joint venture between property owners and the Town. He noted his experience with similar projects some of which have been successful, and described several types of structures which might be considered. Listing the benefits of a parking structure, he pointed out the need to increase parking spaces in the Center; removal of curb-side spaces to reduce traffic problems; and its prime location near the stores. He was confident that the problem of aesthetibs could be solved and outlined possible means of financing the project under a Town/owner arrangement. He spoke briefly about the architectural scale of development, noting that a parking garage would tend to encourage even more development in the Center. He saw the construction over time of two-story buildings from Edison Way to the Harvard Trust driveway as a possibility. Mr. Bowyer noted two major hurdles in addition to financing: timing/staging and feasibility studies. He felt that any construction dealing with the whole lot would best be broken into 2 or 3 stages. He suggested the best short term route would be to design a two-story building with underground parking and building one story, adaptable later for expansion. Regarding feasibility studies, he estimated at least $50,000 for engineering, legal work, architectural and financial analysis. He concluded by saying there were several choices and policy decisions to be made: 1) simply rebuild the existing building, 2) a cooperative joint venture between the- Town and the owners, which would require decision on what type of parking structure; building in stages or all at once; how to finance; the extent of design review of the new building and the role of other private sector interests in the Center. He saw all of these options permitted within the general parameters of the Zoning By-Law. Mr. Bowyer stressed that his presentation had been an outline of alternative and choices and that he was not necessarily recommending pro or con on construction of a parking garage, adding that that will be a decision gm. of elected officials and the Town Meeting. Mr. Marshall asked if there would be any procedure whereby the owners could seek rezoning to CD District, which does not have pre-determined standards for development. Polk Selectmen's Meeting -5- December 16, 1986 Mr . Bowyer pointed out that it could be considered spot zoning and questioned the need to rezone when reconstruction is procedurally possible under the Zoning By-Law without a rezoning. Issues involved in such a procedure were described by Mr . Bowyer . David Wells referred to the development options noted earlier and said that it was his impression that there were no options available except to rebuild exactly as before. If expanded, parking requirements would have to be met which he felt was not possible since no space in CS Districts exists . Mr . Marshall felt that unless the matter was brought to Town Meeting there would be no options, as Mr . Wells had said. He saw it as an opportunity for improvement in the Center and recommended that thought should be given to that procedure in the next two or three weeks. Mrs. Smith felt that the owners should provide plans to react to and should proceed through normal channels. Mr . Aberams, owner of the property, noted that it was difficult to submit a plan at this time when procedural measures and constraints are still unknown. He said he would like to improve what had been and work with whatever restrictions exist. Mrs. Battens Chairman of the Lexington Center Committee, offered the assistance of an L.C.C. Sub-commattee formed for that purpose. Mr . Eddi son noted the time constraint, with the Warrant closing on own. December 30, but it was suggested that space for an Article can be reserved before that date of the closing without completion of the specifics. Because of the importance of the project, it was thought that Town agencies should coordinate efforts to assist in the prbcedure. Mr. Wells said he was impressed by the spirit of c o oer a t i o ri shown by the owners . He felt the tragedy of the fire- would he even worse if the buildings were replaced as they had been and that the owners should be g i .ers all help possible with their plan to construct an attractive building that will he a credit to the Town f o r years t o come. Mr . Cohen referred to the proposed plans of the owners to have the building constructed and occupied by next Fall and said that under procedures required for zoning amendments, it would not be possible to meet that deadline. Mr . Marshall felt that an Article regarding a parking structure should be on the Warrant, possibly with two alternative sets of plans , to give time to develop options. Upon motion duly made and seconded, it was voted to reserve space in the Warrant for the 1987 Annual Town Meeting for a rezoning article for the Mass. Avenue building destroyed by fire, and an article relative to construction of a Farting Structure adjacent to that building. LEXINGTON CENTER POLICE BOOTH Mr . }lr ween ey reported that at its meeting on Derember 11th, the Lexington Center Committee had discussed the offer of the Martignetti family ow* to fund a new Police Booth on Mass. Avenue. He listed views and questions raised as follows: Elevation plans should be looked at by the Historic Districts Commission in terms of its relationship with ed i c t:n g buildings . -6_6_ A cross-sectional `}i ew down Mass . Auer;ue from the Pewter Pot area, with buildings and people in scale, should be provided and reviewed. There was concern expressed regarding the scale of the booth and whether the current two--man police operation in the Center will be continued. Mr . Hutchinson stated that the system of one Officer walking in the Center and one stationed at the traffic lights will be continued. Mr . Osman, L.C.C. member , said the Committee had beer impressed t h the offer of the Mar t i gn e t t i 's but wanted assurance ahead that the booth will be in balance with egi sting buildings. Mr . Hutchir1 on said he will work with the architect of the booth and with Mr. Coscia of the DPW, regarding provision of the requested drawings. Before acceptance of the gift from the Martignetti family, the Selectmen will review the recommendations of the H €forir Diftrirtc Commission and the Le"i rsgtc r� Center Committee. OIL SPILL PROCEDLIPE4 , LEXINGTON CENTER FIRE The Town Manager gave an overview o 1 oil spill pi ocedui es undertaken following the the November 30 Lexington Center fire and read a memo from George Smith, Health Director on "Hazardous Materials Incident Response" . He felt that Town Agencies perform appropriately in such cases, roc t i rrg that both the Police and Fire Departments cell on DEOE immediately when the need arises.. He further said that he i s comfortable tab?e wi th theway these _ _ Issue= are dealt with by these departments . Mr . Eddison sought assurance that this contamination of brooks would riot happen again . He noted that sbu t for=- to the ')i rre Brool, had complained mow of the fire odor in the water which would seem to indicate that pumping from wobd and tar fires should not be disposed of in br o;sl. _ , - Mr. Dailey said he felt that all procedures had been carried out appropriately . Mr . Hutchinson will explore passible detriment to the brook and is referring the matter to the Conservation Commission. LETTERS OF APPRECIATION, AID FROM OTHER TOWNS Mr . Hutchinson nsc;n reported that , as requested, letters of appreciation to all municipalities assisting in combatting the November 30 fire had been sent. LETTER RE: ACCESSIBILITY. POST OFFICE A letter will be sent by the Manager to Congressman Markey regarding the lack of access for handicapped at the Le°i n gton Post Office, as pre€:i ttusiy discussed. rnNsENT AGENDA ABATEMEN'T" LII SEWER USER CHARGE Upon motion dul€,: made Jr,d seconded, it was +s_i ted to appro ce abatement of Sewer User Charges at 97 Outlook Drive, in the amcunt of $35.26, for property not connected to Town sewer and evempt from such charges. Selectmen's Meet i n g -7- December 16, 1986 •••► APPROVAL OF RENEWAL OF LICENSES Upon motion duly made and seconded, it was voted to approve applications for renewal of licenses for the ensuing year , as follows: CLASS I LODGING HOUSE LICENSE Lawless Mawhinney Motors, Inc. Wild Acre I n n COMMON VICTUALLER LICENSES INNKEEPER LICENSE Middlesex Racquet & Swim Club d/b/a Battle Green Motor I n n The Lexington Club Bel l i n o's Bakery, Inc. b.^ Howard Johnson's One Mer i am EXTENSION CF HOURS ON DECEMBER 31 Upon motion duly made and seconded, it ,Jas voted to ap p r o e the requests of The Hartwell House, 94 Hartwell Avenue, and Cory's of Lexington , 20 Waltham Street , for extension of hours under Restaurant Liquor .. tenses to 1 :00 a.m. on December 31 , 1986. CONSERVATION RESTRICTIONS, PHEASANT BROOK ESTATES Upon motion duly made and seconded, it was voted to approve and execute Conservation Restrictions at *40, *51 , and *55 Solomon Pierce Road, Pheasant Brook Estates , as requested by the Conservation Commission. Upon motion du t r• made and seconded, i t was voted to ads c'u r ri at 9:40 p .m. - - A true record, Attest : ar i o rs H. Slow Executive C er tl ; \ r.. j SELECTMEN'S MEETING k_, December 30, 1986 A regular meeting of the Board of Selectmen was held on Tuesday, December 30, 1986, in the Selectmen's Meeting Room, at 7;33 p.m. Chairman Eddison, Mr. Dailey, Mrs, Smith, Mr. McSweeney; Mr. Hutchinson, Town Manager; Mr. Cohen, Town Counsel; Ms. Adler, Asst. to the Town Manager; Mrs. Snow, Executive Clerk, were present. Mr. Marshall joined the meeting later. MAPA MUNICIPAL DISCHARGE PERMIT Upon motion duly made and seconded, it was voted to authorize the Chairman to execute, on behalf of the Town, the Massachusetts Water Resources Authority "Municipal Discharge Permit for 1987". PERSONAL SERVICES TRANSFERS Upon motion duly made and seconded, it was voted to approve transfer of funds from Article 5 of 1986, to Personal Services Accounts in the total amount of $300,658, to reflect implementation of wages approved for F Y'87. The Town Manager noted that as of that date, there was still no contract with the Firefighters. POLICE MANUAL Mr. Hutchinson reviewed revisions to the Police Manual Policies and Procedures, and Rules and Regulations, prepared by the Police Manual Policy Committee and Chief Furdon. Mr. Dailey, who had chaired the Comm i tt-e outlined procedures followed during the project, with the assistance of Chief Furdon, Captain Taylor, and Police Policy Committee members, Bill Hays, Gerald McLeod, and Edith Flynn. He noted that sets of the revised Manual, in two volumes, are available for review at Cary Memorial Library and the Office of the Town Manager. Chief Furdon noted that the Manual had last been approved by the Board in 1977, and that since that time, in 1985, the Municipal Police Institute, under the Mass. Police Institute, had conducted a complete revision of the Policy and Procedure section of the manual. The Committee had based its proposed revisions on the 1985 M.P.I. update. Mr. Eddison expressed the appreciation of the Board to the Committee and to Chief Furdon and Captain Taylor for their efforts which resulted in the revised manual. Upon motion duly made and seconded, it was voted to approve the Police Manual, consisting of "Policies and Procedures" , "Rules and Regulations" , and "Duties by Rank and Assignment" , as amended. WASTE DISPOSAL, SPECIAL TOWN MEETING Mr. Hutchinson updated the Board on anticipated overages for FY87 for waste disposal which had led to the need to call a Special Town Meeting to- request funds to cover additional costs in the amount of 3450,000. The Manager noted the presence of Francis Hoperoft, Executive Director of the North East Solid Waste Committee, and Walter Tonaszuck, Director of Public Works and Engineering. -2_ '�■�'' Mr. Tonaszuck stated that Lexington's problem with increased costs is the same as in other municipalities, adding that there is some evidence that the State may a making motions to assist with funding. He referred to the program of diversion t f leaves to the landfill which has reduced costs somewhat. Regarding recycling, although it is productive, it is practiced by few residents. Mr. Eddison noted the need for Lexington and all communities to increase recycling efforts. Mrs. Smith suggested the involvement of the League of Women Voters in such a project, noting its success with Hazardous Waste Collection. Mr. Hoperoft explained the basis on which tipping fee rates are computed and the factors which have lead to fluctuations in the rates noting that efforts are being made to stabilize rates for next year. Mr. Marshall suggested that improved accounting procedures could lead to a smoothing out of rates throughout the year and recommended that this concept be pursued. In response to Mr. Dailey's suggestion that the trash pick-up system should be made more competitive by attracting more bidders, Mr. Tonaszuck said that response can be expected from only four or five bidders since the smaller competitors are being forced out of business by the major firms. RESIGNATION OF WALTER TONASZUCK Mr. Hutchinson informed the Board that Mr. Tonaszuck, Director of Public Works and Engineering, had resigned and would be leaving the Town's 'was/ employ in January. Mr. Eddison noted the high regard held by many for Mr. Tonaszuck for his fine performance as Director of DPW and wished him the best in his new position at Middlesex Community College. - Mr. ollege. -Mr. Tonaszuck responded that he had been honored to have worked for Lexington and expressed his appreciation of support extended to him by the Selectmen and the Manager. CBD BURNED AREA The Town Manager acknowledged the December 23rd memo from Planning Director Robert Bowyer which reviewed options for rebuilding available to the developer. He reported that the owners are willing to meet with appropriate public bodies for input and direction as to procedural requirements and constraints involved in planning for reconstruction. He added that it appears that the owners will move forward with the existing footprint. MINUTES 12/16/86 Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting on December 16, 1986, as presented. SPECIAL TOWN MEETING Mr. Eddison referred to the need for additional funding to cover FY87 Costs for trash disposal and gave his recommendation that a Special Town Meeting be called on February 2nd, for this purpose. Upon motion duly made and seconded, it was voted to call a Special Town ...r Meeting on Monday, February 2, 1987, in Cary Memorial Hall, at 8:00 P.M. y r raft Selectmen's Meeting -3- December 30, 1986 Upon motion duly made and seconded, it was voted to close the Warrant for the February 2, 1987 Special Town Meeting on Tuesday, • anuary 6, 1987, at 4:30 P.M. CONDO CONVERSION REGULATIONS The Chairman informed the Board of a request made by the Planning Board that the Selectmen reserve a space in the Warrant for the 1987 Annual Town Meeting for possible insertion by them of an article establishing a condominium conversion by-law. The Planning Board had no opportunity to meet before the closing of the Warrant to take a formal position as to whether or not such an article will be proposed but wished to have the option to do so remain open. - Upon motion duly made and seconded, it was voted to reserve a space, on behalf of the Planning Board, for insertion of an article in the Warrant for the 1987 Annual, Town Meeting dealing with a condominium conversion by-law. Mr. Marshall asked for a report by the Board of Assessors on the difference in assessments of rental and condomium units. CONSENT AGENDA - COMMON VICTUALLER LICENSES Upon motion duly made and seconded, it was voted to approve _ applications for renewal of Common Victualler Licenses for the ensuing year, as follows: Conefections, Inc. , 211 Massachusetts Avenue Friendly Ice Cream Corporation, 60 Bedford Street TRAFFIC ITEMS, WHIPPLE ROAD, VALLEYFIELD/BRIDGE STS. Upon motion duly made and seconded, it was voted to refer the following requests to the Traffic Safety Advisory Committee for review and recommendations: The request of Max Snodderl y, 25 Whipple Road, for improvements of traffic safety on Whipple Road, by installations of an island, stop signs, posted speed limits, and speed bumps. The request of Sally and Gerard Patrick, 72 Bridge Street, for installation of stop signs on Valleyfield Street, at Bridge Street. ONE DAY LIQUOR LICENSE Upon motion duly made and seconded, it was voted to approve the application of W.R. Grace Company RAEDACC for One Day Liquor License on January 8, 1987, at 55 Hayden Avenue, on the occasion of a farewell party. oimk EXTENSION OF HOURS, SHERATON TARA HOTEL Upon motion duly made and seconded, it was voted to approve the request of Sheraton Lexington Hotel for extension of hours under its Innkeeper Liquor License on December 31, 1986, until 1:00 a.m. ff -4- LIAISON, 4-L AIwON, LEXINGTON CENTER COMMITTEE vow Mr . Eddi son noted the request of Mrs . Eat t i r!, Chairman of the LeK i ngtc+r, Center Committee that the Selectmen appoint Angela Frick , Lexington's MFC r eprecer!tet i ve, to the Center C rr€mi t tee as MAPC Liaison. He noted that Frick had, for a number of years , served in that role with the Center PC'': tel i met i on '_rrrtrF€i t tee and been very helpful i r! terms of obtaining e i L tar€i e from M.1PC the Cc:rcmi t tee found u`zet u? in their an ai'`s R s o+ Le- irigtori Center _ problems , Motion €.:€e s made and seconded to appoint Mrs . F r i c' IF' that capacity . Marshall asked for clarification as to the role of the Liaison. He noted the recently' yppro+'ed Charge to the Center Committee and questioned the benefit of adding a representative of the MAPC to the Committee. Mr . Eddi soy€ reEpor€dad that ` r s . Px;rk had et tended all CRC meet i r{cs ars had provided information ori a two-wey basis as to MAPF e per t i se reieoar't to der i;,o ri s t o be me de h' the CRC and wac :n u r s l_+e+d in procedures whereby MAPC p l oL i de assistance. a former Cr'C member , Mrs . Smith n ;tes that had ver A t _ s) technical assistance in areas such as tw -t t.€r marketing, sn- retail studies and felt it would be helpful to continue such a relationship with the new Center C orom i t t ee to Peep abreast of help available from MAPC Mr . Marshall was not in favor o[ hay i n_g an MAPC } ep r ec er;tat i v!' on the Committee. He had reservations about appointment of a Liaison from a r ' tate 'regi orle} agency to a Selectmen s Committee and felt that it could be left up to the Committee to invite an yon;e it wished to be present at meeting. . - vow He expressed concern about the representation oma= the '_Cmr€i t tee i r, general . He felt that the Committee's- role i s to advise the 'Selecfirrer ar that they cculd call for any advice bitai fable but- q€gest sorest it it would `e appropriate for the Board to appoint a Liaison to its committee from another entity. f Mrs. Smith suggested an alternate procedure, that the Board request Mrs. Frick as its MAPC representative to serve as l i ei son between the MAPC and the Center Committed . This procedure was agreeable to all . The original motion was amended to reflect the change as proposed by Mrs. Smith and was so voted. EAELL'TI `E sEssICit Upon motion duly made and seconded, it was voted 5 - o by roll call 0 t e. Mr. Edd i s o r€, Mr. Marshall , Mr . Dailey , Mrs. Sm i t h, Mr . McSweeney , to 3o: into E.erutive Session for discussion of matters of litigation , with no intent to resume open session. Upon motor€ Jul`} made aril seconded, it was voted tc, edi i`j S r st 3:56 F■M• . ( / r � A true record, Attest : ;' 602,40/1 j' Jte(W-- tion H. 5row Ei.ecutive Clerk ..r 4