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HomeMy WebLinkAbout2013-08-BOS-min Selectmen’s Meeting August 26, 2013 A regular meeting of the Board of Selectmen was held on Monday, August 26, 2013, at 7:00 p.m. in the Selectmen Meeting Room of the Town Office Building. Chairman Mauger, Mr. Kelley, Mr. Cohen, Mr. Manz and Mr. Pato; Ms. Vine, Assistant Town Manager; and Ms. Pease, Executive Clerk, were present. Selectmen Concerns and Liaison Reports Ms. Mauger spoke about the passing of John O’Shea who was a Town employee who worked in the center picking up trash early in the morning. He was hard working, always smiling and had only nice things to say. Ms. Mauger congratulated James C. Corcoran, Chief of Community Relations at Hanscom on his retirement after 44 years of combined service to the Air Force, 22 of those years at Hanscom. Ms. Mauger showed some pictures of a project in Willard’s Woods to remove the old bridge and replace it with a new one. The project was planned and carried out by the Conservation Stewards, under the direction of the Conservation Commission and the Conservation Department with essential support from the Public Works. More than 124 volunteer hours on August 15, 16 and 19 went into the demolition and construction. Funds for the lumber and hardware came from generous citizen donations to the Lexington Nature Trust during the December 2012 fundraising program. Town Manager Report Ms. Vine announced that the Citizen’s Academy will begin on September 12. Grant of Locations – National Grid Ms. Verna Phoenix, National Grid Permit Representative, was available to answer any questions on the two grant of location requests on Peacock Farm Road. 25 Peacock Farm Road The hearing was opened at 7:09 p.m. This request was for new gas service at 25 Peacock Farm Road. Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 25 feet of 4 inch gas main in Peacock Farm Road. The hearing was closed at 7:10 p.m. 46, 48 and 51 Peacock Farm Road The hearing was opened at 7:10 p.m. This request was for new gas service at 46, 48 and 51 Peacock Farm Road. Selectmen’s Meeting – August 26, 2013 Upon motion duly made and seconded, it was voted 5-0 to approve the petition for National Grid to install and maintain approximately 328 feet of 2 inch gas main in Peacock Farm Road. The hearing was closed at 7:11 p.m. Liquor Hearing – New Restaurant Liquor License – Inn at Hastings Park – 2013-2017 Mass. Avenue Ms. Mauger opened the hearing at 7:11 p.m. She thanked the residents who contacted Selectmen regarding this request for a new liquor license. Regarding concerns that the abutters where not notified, the applicant provided to the Selectmen proof that they notified abutters. The ABCC requires notification to be to direct abutters, which does not include abutters across the street. Ms. Kennealy, the Applicant, Ms. Farnsworth, Attorney, and Mr. Braun, the proposed Manager, were present for the hearing. Ms. Farnsworth explained that the Inn includes three buildings: Main Inn, Barn and Isaac Mulliken House. The Main Inn will include a restaurant called Artistry on the Green, which will have a separate entrance for public patrons. Inn guests will enter through the main entrance and can be served a drink in the common areas (along with food) of the Inn, in their rooms or at the restaurant. Inn guests will be able to request a drink inside and then bring it out onto the front porch or rear patio to drink, but drinks will not be ordered or served there. The public patrons will not be allowed to drink in the Inn buildings, but can drink only in the restaurant. She made it clear the Inn was not a bar or tavern, but a high-end Inn where alcohol would be well controlled. All staff and servers will have alcohol awareness training. Ms. Kennealy showed a brief presentation on her plans for the Inn. The Inn at Hastings Park will have a total of 22 guest rooms (10 in the Main Inn, 9 in the Isaac Mulliken House and 3 in The Barn). The Main Inn will include a 54 seat high-end dining restaurant serving breakfast, lunch and dinner. Her goal is to become a Relais & Chateaux property by 2014. She takes liquor seriously and is dedicated to the Inn and restaurant being successful and the liquor license is an integral part to being successful. Mr. Kelley requested that the hearing be postponed to the next Selectmen meeting to allow time to review the May 9, 2013 Town Meeting vote. He thought the understanding at Town Meeting was that liquor would only be served in the restaurant. Ms. Farnsworth explained that the ABCC liquor license would be for an Innholder, not a Restaurant License. Mr. Manz and Mr. Pato stated that they watched the May 9, 2013 Town Meeting and felt there was a line between public patrons and guests. Mr. Pato is a little uncomfortable with the request for increased liquor service on the porch and patio of the Inn. Selectmen’s Meeting – August 26, 2013 Ms. Farnsworth stated there is no bar, but guests expect to be able to get a drink at a luxury Inn. She also reminded the audience that the common areas of the inn are only for guests who have booked rooms. The Inn will be manned 24 hours a day/7 days a week so that they know who is in the buildings. Also, there are two distinct entrances, one for the restaurant and one for the Inn. The proposed hours of operation are: 7:00 a.m. to 10:30 a.m. for breakfast; 11:30 a.m. to 3:00 p.m. for lunch and 5:00 p.m. to 9:00 p.m. for dinner; dinner on Friday and Saturday would be until 9:30 p.m. Patrons of the restaurant cannot leave the restaurant with a drink. Inn guests can ask for drinks and food, which will be available throughout the day in the sitting rooms and may take them to the front porch or patio, but no service will be available on the porch or patio. There will be no self service of liquor and no mini bars in the guest room/suites. The applicant will address the quiet hour of 10:00 p.m. (in the Memorandum of Understanding) with signage and by reminding restaurant patrons and staff where to park. Applicant is also working on a training guide. Ms. Woodward, 2027 Mass. Avenue, asked how the applicant can serve liquor outside the restaurant when told at Town Meeting it was not possible with the PSDUP. Selectmen responded that there is a distinction between the public and private guests, which is consistent with Town Meeting comments. Ms. Redmon, 31 Woodland Road, Precinct 6 Town Meeting Member, remembers many discussions regarding liquor and that the applicant agreed to put the bar in the restaurant, but serving guests was not discussed. Ms. Hurley, 24 Parker Street, feels it is important for the Inn to be able to provide room service and she supports the Inn. Applicant cares deeply for the community and has made it clear that they will be respectful if they receive a liquor license. Mr. Hurd, 2016 Mass. Avenue, asked for protection from guests eating and drinking on the front porch. Mr. Fenn, Precinct 3, stated when Town Meeting considered the zoning change the impression was liquor was for the restaurant only. Ms. McKenna, 9 Hancock Street, asked the Selectmen to approve the liquor license to allow the Inn to be economically viable. Ms. Thomas, 10 Parker Street, requested that liquor be limited to the restaurant. Selectmen’s Meeting – August 26, 2013 Mr. Shaw, Precinct 2, feels the applicant has been held to a higher standard than other applicants in the past. This will be a quaint Inn run by very caring people of the community. Mr. Clayton, 61 Hancock Street, asked the Selectmen to approve the license. Ms. Bohart, Executive Director of the Chamber of Commerce, stated there is excitement about the new Inn and it will be like nothing the Town currently has. High caliber establishments with lodging and dining need to be able to serve liquor and should not be restricted. Mr. Orenstein, 132 Follen Road, urges the Selectmen to approve the liquor license to help the Inn to succeed. He feels the applicant will deliver on their promises. Ms. Peltz, 8 Jackson Court, would like to bring the issue back to Town Meeting for further review. Ms. Mauger stated that the Selectmen are the authority for liquor applications. Ms. Garberg, Precinct 9, feels the Town needs to stand by the Town Meeting vote and approve the liquor license. The applicant has been very forthcoming and transparent with the details of the project. Mr. Sheth, 22 Vine Brook Road, feels the Inn will be beneficial to Lexington. Mr. Kreytak, 25 Hayward Avenue, feels the Town needs to ensure the Inn can be successful by approving a liquor license. He is a business owner in Lexington who is looking forward to bringing his clients to the Inn’s restaurant. Mr. Patrick, 2030 Mass. Avenue, feels the scope of the project has changed since Town Meeting approval and suggests the rezoning should be reopened. Because of possible noise issues he does not want liquor allowed outside. Ms. Shpilner, 2685 Mass. Avenue, having stayed at three high end Inn properties asked the Board to consider the cost of the rooms. You will not have boisterous crowds. Mr. Adler, Precinct 1, reminded residents that the liquor license will be reviewed on a yearly basis and the police will protect the interests of citizens. Dr. Devellis, 15 Brent Road, stated applicant should be allowed to serve liquor in the rooms and restaurant and asked the Selectmen to vote favorably. He feels the Kennealy family has a high level of integrity and that they will uphold the rules and be successful. Mr. Harris, 25 Parker Street, asked why the neighbors were not notified. Ms. Mauger stated that the Town followed the regulations of the Alcoholic Beverages Control Commission which requires that direct abutters, not across the street, be notified. Selectmen’s Meeting – August 26, 2013 Mr. Gruber, 16 Forest Street, is excited about the Inn being a world class hotel and that it is appropriate to allow liquor for room service and for welcoming guests of the Inn. Ms. Kennealy thanked everyone who has worked on the development of the project and she reiterated her commitment to Lexington. She and her team take the responsibility of a liquor license seriously and will work with the Selectmen and the community. Ms. Mauger asked the Selectmen how they wanted to proceed. Mr. Manz was prepared to approve a liquor license for the inn with 2 restrictions on last call and use of the front porch. Mr. Pato is ready to approve the liquor license if the conditions are explicit to where liquor is allowed and consumed. Mr. Cohen is ready to approve a liquor license if there is enough time to work out the conditions, but asked if there was a negative impact to the applicant if the hearing was continued to September 9 to give time for the conditions to be reviewed by Town Counsel and the applicant’s counsel. The applicant requested that the Selectmen try to work out the conditions at this meeting. A short break in the meeting was taken. Mr. Kelley asked that the decision be put off until the September 9 Selectmen meeting. He wanted to be able show portions of the May 9, 2013 Special Town Meeting. He made a motion to continue the hearing to September 9, 2013 at 7:00 p.m. Ms. Mauger seconded the motion. Mr. Pato and Mr. Manz both listened to the May 9, 2013 Special Town Meeting discussion on the rezoning the Inn property and are comfortable that what was said does not differ from her application for a liquor license. Mr. Cohen made it clear he is willing to continue the hearing to September 9 only to work out the conditions, not to continue debating whether a liquor license should be approved. Mr. Kelley supports liquor for the restaurant but feels that the applicant has fallen through on the commitment made at Town Meeting to the neighbors. He would like all five Selectmen to listen to the May 9 Special Town Meeting discussion together. Upon motion duly made and seconded, it was voted 1-4 (Mr. Kelley for) to continue the liquor hearing for the Inn at Hastings Park to September 9, 2013 at 7:00 p.m. Selectmen’s Meeting – August 26, 2013 The Selectmen discussed how to word the conditions. The suggested hours for liquor service is from 11:00 a.m. to 11:00 p.m. Sunday through Thursday, 11:00 a.m. to 11:30 p.m. on Friday and Saturday, and liquor consumption only on the porch and patio until 9:00 p.m. Service in common areas of main inn should be only for guests of the inn, not restaurant patrons. A majority of the Selectmen agreed with these conditions. Mr. Kelley stated he had no problem with liquor service in the restaurant and room service. His primary concern is the drinking of liquor in the outside areas and the consequences of that. The Selectmen decided that the hearing should be continued to September 9 to allow counsels to finalize the correct conditions. The intent of continuing the hearing is only to review and approve the final conditions and vote the liquor license. Upon motion duly made and seconded, it was voted 5-0 to continue the liquor hearing for the Inn at Hasting Park to September 9, 2013, at 7:00 p.m. in the Selectmen’s Meeting Room. Approve Common Victualler, Innkeeper and Entertainment Licenses for Inn at Hastings Park In response to a question regarding the Entertainment License, Ms. Farnsworth responded that the entertainment includes a TV in the restaurant, background music in the Inn and a piano in the common area. Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler License, Innkeeper License and Entertainment License for AB Inns LLC, d/b/a Inn at Hastings Park (Artistry on the Green), located at 2013-2027 Massachusetts Avenue. Discuss Youth at Risk Committee Charge This item was deferred until the September 9 Selectmen meeting. Approve MWRA Sewer Loan Mr. Addelson, Comptroller, explained that the Massachusetts Water Resources Authority (MWRA) is making a zero interest loan to the Town of Lexington in the amount of $371,800 which will be used to finance sewer improvement projects in the Mill Brook and Vine Brook areas. The loan is accompanied by a grant component of $304,200 which will be used for the same purpose. Loan/grant proceeds will be delivered September 9, 2013 subject to approval and acceptance by the Selectmen. Debt service payments on the loan will be over a 5 year term with the first payment coming due August 15, 2014 in the amount of $74,360. Upon motion duly made and seconded, it was voted 5-0 that the sale of the $371,800 Sewer Bond of the Town dated September 9, 2013, to the Massachusetts Water Resources Authority (the “Authority”) is hereby approved and the Treasurer is authorized to execute on behalf of the Selectmen’s Meeting – August 26, 2013 Town a Loan Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The bond shall be payable without interest on August 15 of the years and in the principal amounts as follows: Year Installment 2014 $74,360 2015 74,360 2016 74,360 2017 74,360 2018 74,360 It was further voted that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing vote. Approve Transportation Agreement – Lexington Place Condo Association Mr. Addelson, Comptroller, explained that pursuant to the rezoning of the site that housed the Battle Green Inn, the Town entered into an agreement with the developer, 1720 Massachusetts Avenue LLC, on November 7, 2005, which included a provision that on an annual basis the developer would purchase $2,000, adjusted for inflation, of “Lexpress or other in-town transportation passes”. The first payment was made in 2009 but payments were not made for 2010, 2011 and 2012. A letter was sent in 2012 to the entity that succeeded the defunct 1720 Massachusetts Avenue LLC seeking payment of the outstanding amounts. Since then The Lexington Place Condominium Trust (the successor to the LLC) has agreed to pay half of the outstanding balance of $6,105 as a donation to the Town “to subsidize transportation costs for town residents in need as determined by the Town” with no requirement by the Town to provide Lexpress passes for the prior years. The agreement also stipulates that moving forward the Trust assumes the obligation to make annual payments as stipulated in the 2005 agreement. The Trust has already made its 2013 payment of $2,122. Ms. McKenna, 9 Hancock Street, feels the full amount should be collected since they received approval for rezoning based on an agreement to buy the passes every year. Upon motion duly made and seconded, it was voted 5-0 to approve and sign the agreement between the Town and the Board of Trustees of the Lexington Place Condominium Trust. Sign Warrant for the October 15, 2013 Special State Primary Upon motion duly made and seconded, it was voted 5-0 to sign the October 15, 2013 Special State Primary Warrant. Selectmen’s Meeting – August 26, 2013 Future Meetings The Selectmen will schedule the following meetings: October 2 (Summit 1), October 21, November 4, November 13 (Summit 2) and November 18. Selectmen Committee Appointments – Council for the Arts Upon motion duly made and seconded, it was voted 5-0 to appoint Leslie Masson and Diana South to the Council for the Arts for terms to expire September 30, 2016. Approve Common Victualler and Entertainment License for New Owner of Prime Roast Beef & Seafood, 321 Marrett Road Upon motion duly made and seconded, it was voted 5-0 to approve a Common Victualler License and Entertainment License for Arch Michael & Saint Mina Inc., d/b/a Prime Roast Beef & Seafood, located at 321 Marrett Road. Consent Agenda Commitments and Adjustments of Water and Sewer Charges Upon motion duly made and seconded, it was voted 5-0 to approve the following commitments and adjustments of water and sewer charges: Commitment of Water/Sewer charges Section 2 $1,567,607.21 Commitment of Water/Sewer charges Cycle 9 July 2013 $ 320,062.77 Commitment of Water/Sewer charges Finals July 2013 $ 21,002.61 Commitment of Water/Sewer charges Finals May 2013 $ 13,632.62 Adjustments of Water and Sewer Charges as recommended by WSAB ($28,525.74) Use of the Battle Green – LexFUN Halloween Parade Upon motion duly made and seconded, it was voted 5-0 to approve the request of LexFUN to use the Battle Green on Saturday, October 26, 2013 (rain date October 27) for the annual Halloween Parade from approximately 9:30 a.m. to 12:00 noon. Proclamation – Constitution Week Upon motion duly made and seconded, it was voted 5-0 to approve the request of Daughters of th the American Revolution (DAR) to sign a Proclamation for the 226 Constitution Week, celebrated September 17 through 23, 2013. Letter for Retiring James Corcoran, Chief of Community Relations at Hanscom Upon motion duly made and seconded, it was voted 5-0 to sign a letter to James Corcoran thanking him for his service to Hanscom and the Town and congratulating him on his retirement. Selectmen’s Meeting – August 26, 2013 Documents Presented 1.Slide Presentation by Deb Mauger on the demolition and new bridge construction in Willards Woods. Upon motion duly made and seconded, it was voted to adjourn at 10:46 p.m. A true record; Attest: Lynne A. Pease Executive Clerk