HomeMy WebLinkAbout1981-12-28-BOS-min 6.1/7
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December 28, 1981
A regular meeting of the Board of Selectmen was held in the Select-
men's Meeting Room, Town Office Building, on Monday, December 28, 1981
at 7 30 p m Chairman Busa, Mrs Battin, Mrs Miley, Mr Crain and
Mr Politi; Mr Hutchinson, Town Manager; Mr Cohen, Town Counsel; Miss
Susan Adler, Assistant to the Town Manager and Miss Casey, Executive Clerk
were present
The Chairman convened the meeting and opened the hearing on the ap- Liquor Lic
plication of Corv's of Lexington, Inc for an All Alcoholic Beverages Li- App &
cense and Common Victualler License Common Vic
Stephen T Russian, Esq introduced the members of the firm and in- Lic App
formed the Chairman that notices of the hearing had been sent certified Cory's of
mail, to the abutters and presented the receipts for the records Lex.
The Chairman noted that the Board of Appeals had issued a special
permit for the operation of a restaurant with closing hours no later than
Midnight with seating for no more than 132 persons on two floors at 20
Waltham Street for seven days per week
Reports from the Building Department and the Board of Health. in-
dicate that no building permit had been applied for as yet and a Board of
Health had not received an application Both requirements will be met
at such time as renovations are completed Preliminary plans met with
approval of both departments
Mr Russian explained the floor plans to the Board and stated that
Building and Health Department requirements will be complied with
Upon motion duly made and seconded, Mr Busa and Mr Politi abstain-
ing, it was voted to issue an All Alcoholic Beverages and Common Vic-
tualler License to Cory's of Lexington, Inc , 20 Waltham Street, with
hours of 11 30 a m. until Midnight seven days per week
The Chairman thanked Mr Russian and his clients for their presen-
tation and they retired from the meeting
The Chairman read a request from the Lexington Lodge #2204 of Elks Elks
for permission to extend hours of operation until 2 00 a m. on New Years Liq Lic
Eve. He explained that it has been the practice of the Board not to ex-
tend hours of operation beyond 1 00 a m. on special holidays
Upon motion duly made and seconded, it was voted, Mr Politi and
Mr Busa abstaining, to extend the hours of operation under the Club
Liquor License of the Lexington Lodge #2204 of Elks until 1 00 a m. on
New Year's Eve
Upon motion duly made and seconded, Mr Busa and Mr Politi abstain- LeBellecout
ing, it was voted to extend the hours of operation under its All Alcoholic Liq Lic
Common Victualler License to LeBellecour restaurant to 1 00 a m. on New
Year's Eve
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One Day Liq Upon motion duly made and seconded, it was voted, Mr Busa and Mr
Lic Politi abstaining, to issue a One Day Liquor License to RAEDACC Associa-
tion of W R. Grace Co for January 6, 1982
Common Upon motion duly made and seconded, it was voted to approve the
Carrier renewals of the following Common Carrier Licenses
Lic Dee Bus Service, 54 Orchard St , West Concord, Mass
Alexander, Inc , Chauffeur Service, 57 Russell St., Woburn, Mass
Boston Tours, 89 Arcadia St , Waltham, Mass
Lodging Upon motion duly made and seconded, it was voted to approve the
House Lic renewal of the Lodging House License for the Wild Acre Inn, 50 Percy Rd.
Lexington, Mass , subject to Board of Health regulations
Common Vic Upon motion duly made and seconded, it was voted to approve the re-
Lic Rens newal of the following Common Victualler Licenses
Dunkin Donuts
The Kitchen Friendly Ice Cream Corp (60 Bedford St )
Denny's Establishment Gracie's
Class I Upon motion duly made and seconded, it was voted to approve the re-
Lic Ren newal of the Class I License for Rowe Chevrolet, Inc , 33 Bedford St.
Minutes Upon motion duly made and seconded, it was voted to approve the
minutes of the Selectmen's meeting of November 30 as presented and the
minutes of the Selectmen's meeting of December 17 as corrected by Mrs
Battin
Boston Edison The Chairman opened the hearing at 8 00 ,p m.. on the application of
Conduit the Boston Edison Company for permission to install conduit in Barberry
Barberry Road
Rd Notification of the hearing had been sent to all abutters The
Chairman read the report of the Director of Public Works/Engineering
recommending approval
No one appearing in favor or against the petition the Chairman
declared the hearing closed
Upon motion duly made and seconded, it was voted to grant permission
to the Boston Edison Company to lay conduit in the following location
Barberry Road, northeasterly approximately 215 feet west of
Field Road, a distance of about 10 feet - Conduit
Parking Ticket The Board met with Chief Corr to discuss the new parking ticket law
Law and the Manager explained that the current statute, Chapter 90, Section
20A allows the local municipalities to administer fees has been amended
The Governor has signed an amendment that will allow the Selectmen, by a
majority vote, to accept Chapter 90 Section 20A or Section 20A 1/2
Chief Corr explained that the Clerks of Courts filed the legisla-
tion early in the session the intent was to take the problem of handling
parking tickets out of the District Courts and give it to the local ad-
ministrations It puts the problem of handling packing tickets including
the collection of the money and the appeals into local administration.
The only time the District Court would come back into the picture again
Selectmen's Meeting - 3 -
December 28, 1981 9/
would be on the signing of a criminal complaint He explained that all
parking tickets are determined non criminal until five parking tickets
are not answered or taken care of The parking clerk would then apply
to the District Court for a criminal complaint
He explained that this is a "stop gap" piece of legislation which
in effect gives to the Board of Selectmen the right to either adopt 20A
or 20A 1/2 and not wait for Town Meeting to do it It will be necessary
to go to Town Meeting for approval in March or April This legislation
allows the town to stay in the "parking ticket business" without calling
for a special town meeting because the legislation will be repealed in
June 1, 1982 unless Town Meeting acts upon it
He suggested that the Board accept the 20A 1/2 section because the
Selectmen can set the fines as they now do, the parking clerk can be any-
one selected by the Selectmen including Captain Lima (Section 20A pro-
hibits police personnel from participating and there will be no '(aarning
tickets" as in Section 20A. This section would be more beneficial finan-
cially to the Town. He explained in detail the parking statute and the
fee structure set by the Town
Upon motion duly made and seconded, it was voted to accept Section
20A 1/2 of Chapter 90 of the General Laws pertaining to the parking
ticket law
The Manager reported to the Board that he had investigated the Burglar
charge for the burglar alarm line and the Town has been overcharged by Alarm
$15 00 per month and will receive a rebate Charges
He also reported that he has not been able to get in contact with
members of the disbanded Burglar Alarm Committee as Dr Richter had re-
quested regarding his request for another line He reiterated his rec-
ommendation that no additional line be installed unless those wishing
this extra service pay the charges
Upon motion duly made and seconded, it was voted to table the de-
cision relative to the installation of extra burglar alarm lines until
a later date at which time Dr Richter will be invited to attend the
meeting
The Chairman thanked Chief Corr for his input and he retired from
the meeting
The Board discussed the minutes of the Domings/Cordell/Leslie dog Dog Hearing
hearing held December 16, 1981 Domings/
Upon motion duly made and seconded, it was voted that the dog is a Cordell/
nuisance by reason of running loose in violation of the Lexington Leash Leslie
Law and orders
"That, within thirty (30) days of the date of this letter, a fence
suitable for confinement of the dog be installed on the property
at 38 Valleyfield Street
If at the end of thirty days the fence has not been installed, the
dog will be removed by the Animal Control Officer from the legal
boundaries of the Town of Lexington within thirty-five (35) days
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of the date of this letter "
Minuteman The Board discussed the request of the Executive Secretary of the Town
Bikeway of Arlington to meet with the Bedford and Lexington Boards of Selectmen on
Town of January 11 or January 18 relative to application for funding of the Minute-
Arlington man Bikeway
It was decided that the Manager would contact the Town of Arlington
Executive Secretary and arrange a meeting of the Town Managers and one mem-
ber of each Board rather than a meeting of the entire Boards
The Manager is to report back to the Board
Solid Waste The Board discussed the request of UOP Solid Waste Systems Division
Agreement for the Town of Lexington to agree to waive its rights to terminate its
Extension Agreement as of December 31 and extend this tonnage commitment date to
February 28, 1982 in an effort to meet the 280,000 tons per year of muni-
cipal solid waste This request was generated in an effort to accomodate
communities that have expressed interest in signing and Massachusetts
REFUSETECH, Inc agreed to the extension
Upon motion duly made and seconded, Mrs Miley abstaining, it was
voted to extend the tonnage commitment date in the Solid Waste Agreement to
February 28, 1982
Upon motion duly made and seconded, Mrs Miley abstaining, it was
voted to authorize the Manager to execute this agreement
lAdams School Mr Crain addressed the Board regarding the request the Adams School
' Article for Conversion Committee had received from the Historic Districts Commission
Town Meet that they request the Board of Selectmen to place an article in the warrant
requesting Town Meeting to have the Adams School incorporated into the
East Village Historic District
Mr Crain stated that the matter had been discussed by the Committee
and voted unanimously to request the Board of Selectmen to place the
article in the warrant
After discussion the Board agreed to place the article in the warrant
Upon motion duly made and seconded, it was voted to place an article
in the Warrant for the 198a Town Meeting requesting that the Adams School
be included in the East Village Historic District
Town Meeting The Board again discussed the proposal that the date for the first
Change of deliberative session of Town Meeting be changed from March 22, to April 5
Date Upon motion duly made and seconded, it was voted to change the date
for the first deliberative session of the 1983 Town Meeting from March 22
to April 5, 1982
Town Meeting The Board discussed the question of whether or not to place an article
Article in the Warrant for the 1982 Town Meeting to amend the term of the Planning
re term Board members from five to three years
Plan Bd After discussion it was voted 3-2, Mr Busa, Mr Crain and Mr Politi
in the affirmative and Mrs Battin and Mrs Miley in the negative,to place
an article in the Warrant for the 1982 Annual Town Meeting relative to
amending the term of the Planning Board members from five to three years
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Selectmen's Meeting December 28, 1981
111
Upon motion duly made and seconded, it was voted to approve the Appointment
Manager's appointment of Mrs Angela Frick as Lexington's MAPC repre- MAPC
sentative
The Board discussed the reply of the Town Meeting Members Associa- Outlook
tion regarding the Outlook Drive project Drive
The Manager informed the Board that he felt that this was not a
priority item, although it is a legitimate consideration He stated that
he was not recommending any new construction this year
Upon motion duly made and seconded, it was voted to table the Out-
look Drive project for further discussion
Upon motion duly made and seconded, it was voted to approve the re- Sewer
quest of Robert M. Bruce, 126 North Street, for a sewer betterment de- Deferment
ferrment in the amount of $496 65
Upon motion duly made and seconded, it was voted by roll call vote, Executive
5-0, Mr Busa, Mrs Battin, Mrs Miley, Mr Crain and Mr Politi to go Session
into Executive Session for the purpose of discussing collective bar-
gaining strategy with no intention of resuming the open session
Upon motion duly made and seconded, it was voted to adjourn at 9 35 p m.
A true record, Attest
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Executive Clerk f