Loading...
HomeMy WebLinkAbout1975-12-22-BOS-min 52_t SELECTMEN'S MEETING December 22, 1975 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room, Town Office Building, on Monday, December 22, 1975, at 7 30 p.m. Chairman Bailey, Messrs Kenney, Busa and Kassler, Mrs Battin; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr Chase, Town Engineer; Mrs McCurdy, Executive Clerk, were present The Board congratulated Mrs Anne Scigliano, Editor of the Lexington Scigliano Minute-man, and presented her with a Merit Award from the Massachusetts Merit Award Selectmen's Association for the picture taken by her of former Chairman Photography Kenney presenting the framed silk screen of the Lexington Minuteman to President Ford during the Bicentennial celebration on April 19, 1975 Mr O'Connell recommended, due to the illness of Mrs Phyllis Bonini, Town Report that Mrs. Mary O'Brien, Clerk of the Appropriation Committee, be assigned the project of typing the 1975 Annual Town Report He advised the Board that a transfer up to $500 00 might be involved The Board approved Mr O'Connell's recommendation Mr O'Connell recommended that the Board authorize Chairman Bailey to MBTA sign the Release, which was requested by the Massachusetts Bay Transporta- Release of tion Authority for full settlement of claim in the amount of $221 53 for Damages- damages and replacement of a pedestrian signal on Massachusetts Avenue in Traffic Lexington, as a result of an accident by Mr Robert F Cassette, MBTA Signal employee Upon motion duly made and seconded, it was voted to authorize Chairman Bailey to sign the release of damages in the amount of $221 53, incurred by MBTA employee Robert F Gossette during an accident involving a pedestrian signal on Massachusetts Avenue, subject to the approval of Town Counsel Mr O'Connell discussed the request of the Boston Edison Company for Bos Edison the assistance of the Town in selecting a suitable site for storage of Transformers transformers He recommended that they could lease two acres of unused Hartwell Town land near the entrance to the sanitary landfill on Hartwell Avenue Landfill for two years and Boston Edison should pay for all improvements, i.e , fencing it and putting in gravel for a road It would be in the best interest to have the transformers stored there rather than in any of the Boston Edison easements Mr Busa There would be no fill or storage of fill? Mr. O'Connell No, just gravel for the roadway Chairman Bailey This should also be checked with the Conservation Commission. Mr O'Connell They would just put the gravel on the surface. Mr. Cohen. Under the General Laws, the Selectmen can lease Town- owned land. The Board agreed to the proposal to lease the land, and Mr O'Connell 111 is to come back to the Board with the prepared lease 52.2 Selectmen's Meeting December 22, 1975 Rosina's Messrs Paul and Robert Mammola, owners of Rosina's Kitchen, located Kitchen at 363A Massachusetts Avenue, and their Attorney, Harry L Lynch, met with the Board Mr O'Connell A building permit was taken out but all the work neces- sary for the Building Inspector to grant an, occupancy permit has not been completed It is our understanding that the function room was used on Sunday evening for a party The neighbors called about it and, if this is accurate, he is in violation of the Sunday laws without a police permit He is also in violation of the building and public safety laws We also under- stand that a Christmas party is planned for Wednesday in the basement room. Mr Mammola should understand that he will be in violation of the law and subject to its penalties, and he may be subjecting his business to potential liability in the event of a public safety incident At this time, the func- tion room is not ready for public use; there is no license for a restaurant type of operation; entertainment requires a license under Sunday laws, and none has been granted Chairman Bailey A Common Victualler license was issued for 9 00 a.m. to 6 30 p.m. Any evening function after 6 30 p m. is in violation of that license Mr Cohen That license is for the delicatessen on the street floor An earlier application for a restaurant was turned down by the Board of Appeals Chairman Bailey A report from the Planning Director says that Mr Mammola had contacted him as to whether a function room in the basement of Rosina' s Kitchen could be developed and if a special permit would be required for small functions like wedding receptions and christening parties; also, a New Year' s Eve party Dr Clarke, Chairman of the Planning Board, felt that the decision on whether or not a special permit should be issued was not with- in the jurisdiction of the Planning Board However, in reviewing the proposal from a planning perspective with regard to parking and location, it was deter- mined that there was adequate parking and the CBD would be a proper location for this type of facility If the matter were brought before the Planning Board, it probably would not oppose the proposal This does not take into consideration the aspect of citizen reaction, as is implied in the special permit procedure The Planning Director contacted Mr Nickerson, Chairman of the Board of Appeals, and it was decided that, under the circumstances, a special permit would not be required; however, if this development became a public nuisance, the Board of Appeals could take action which would result in closing down the facility Mr Mammola was then advised to take care in whatever activities he held that there would be no resultant disturbance to the neighborhood in any form. There was no discussion with Mr Mammola as to any of the other special permits that might be required by the Board of Selectmen that pertain to an operation of this type and, therefore, he may not have been totally aware of the type of permits required Chairman Bailey A report from the Building Commissioner states that if the lower level is used as a place of assembly, the area would have a capacity of 160 occupants; this capacity figure is based on the floor area without fixed seats Mr Mammola was present at the time of the inspection and is aware that 64`x, Selectmen's Meeting December 22, 1975 although egresses are adequate for this capacity, exit door hardware, exit signs, emergency lights, and small miscellaneous electrical items are required Atty Lynch Mr Mammola consulted the Board of Appeals, the Planning Board, and the Board of Health, and he thought he had done all that was nec- essary for New Year's Eve; they are not running a restaurant, only for New Year' s Eve. Last Friday, they had a call from the Police Chief that they were running a function to sell liquor Bob assured him that he had no intention to sell liquor The question came up on whether they needed an entertainment license because it was being run after midnight We were perturbed about that The reason we are here is that we want to consult with officials and obey the law and cooperate, and not do something in deference to the laws of Lexington The kitchen will sell the food, and we will not be operating out of Rosina's Kitchen One hundred and forty-five tickets have been sold and they are per- turbed that they would have to notify customers that it has been cancelled, and we would be willing to do whatever the Board tells us If you give us a letter to stop, we will do it We feel you should give us some sort of communication. On the other hand, if we can work out something - some requirements that are not in disfavor with the town Chairman Bailey At any time did Mr Mammola write a letter suggesting what they wanted to do and ask for guidance? Atty Lynch Bob came down to the town and talked to officials. They never suggested he might have a problem with a Common Victualler's license or the Board of Health Mr Kenney Where is the food to be prepared and how is it stored and heated? Mr Mammola It is cooked in the morning and reheated at night in the function room with flame heaters Mr O'Connell Mr Lynch pointed out that the Mammola brothers came to the Town, but their inquiry was addressed to the Board of Appeals Deficien- cies in the kitchen have been pointed out since November by the Board of Health. It makes no difference where the food is being prepared if china and glasses are not sanitized; it is not good They went into business not being concerned about licensing requirements Any businessman should do this relative to the town knowing his plans The first time the Board was aware of a party was when the Selectmen's office saw flyers on it and called them about the party Atty Lynch Do I understand that health requirements are not met? Mr O'Connell Not so far, according to the Health Director Mr Bob Mammola Mr O'Connell has a few things missing The Board of Health sent a letter on November 11 that the Kitchen did not meet requirements I called the Board of Health and asked for an appointment as they gave 10 days to meet. requirements; he caveat 1 00 p m. and I asked his opinion He said, "It is in great condition, a lot better than the last time I was here " I told him that we hadn't done anything different, and he said that we needed a dish- washer - we got rid of the china and use plastic He still didn't like pickles in a barrel, and we removed them He didn't like the domestic refrigerator and I told him that we would replace it immediately It is on order and takes weeks to get He was satisfied with everything, and also with the dumpster I asked if there were any more problems and he said, "No " I am going up tomorrow to re- ' new the license. I asked him to send me a letter, and that the proper equipment 524 Selectmen's Meeting December 22, 1975 II was on order Mr Smith said in the afternoon that he would get the letter out tomorrow He asked me about the function room and the tie-in with the Kitchen At parties, the Kitchen will sell to Mammola Bros Corporation Mr O'Connell Mr Smith sent a letter dated November 3 to Mr Mammola citing 14 specific items for compliance with the Board of Health specifica- tions On November 11, he reminded Mr Mammola that they were not complied with I cannot concur with Mr Mammola, as Mr Smith's letter of Nov 28 speaks for itself, warning Mr Mammola that he had not complied Mr Cohen. The permit was granted for a kitchen deli on the first floor I am not sure what the function room is Mr Bailey Neither am I I don't want to be in a position of second- guessing the Board of Appeals Mr Cohen If this is a second business, they will have to have their lawyer advise them. Atty Lynch. As far as the function room is concerned, it is not sell- ing food out of the kitchen We had no idea that we would run into px1oblems like this Mr Mammola. Last evening, it was a private group and they bought cold cut platters Mr O'Connell They are still in violation of Sanday Laws He does not have a permit from the Building Inspector for the function room Mr Kenney They would be required to go to the Board of Appeals for the function room? Mr Cohen From what I've heard tonight, it is a new business; renting it and bringing in their own food They probably would go to the Board of Appeals for this type of business Mr Bob Mammola The Board of Appeals told me I did not need it Mr Cohen Is it a one-shot thing? It is a new business, isn't it? Mr Paul Mammola It is not the same function so it is a one-shot deal Chairman Bailey In summarizing - 1 There is no way we have any basis for granting any other licenses or permits We are saying that we can't give you any additional license 2 If you go ahead and have your parties, you are in viola- tion That is the risk you are taking 3 On the Police Department permit, you take that up with them. Mr Busa This is the way I feel I wanted to separate the kitchen the function room Atty Lynch To understand your position, you are not taking any action? Chairman Bailey We don't have the basis to take action There has been no application for a Common Victualler license for the function room. Atty Lynch And you are not telling us to stop? We are perfectly will- ing to Mr O'Connell I think you have put it in the wrong context You should not use a building that the Building Inspector has not given a permit for You should not start, as you are in violation when you do Mr Bob Mammola As far as licenses are concerned, I went to Town Hall t) Selectmen' s Meeting December 22, 1975 to find out what I needed to do for the function room, and they said no licenses were needed Chairman Bailey I am sorry about that I don't think this Board is on a crusade of not being proponent or opponent Mr Bob Mammola Since there are no licenses required from the Board of Appeals or Planning Board, why am I having opposition? Chairman Bailey I think the residents are the people who are in opposi- tion. Mr Cohen A Common Victualler's license is needed for the function room. Mr Mammola should understand that Mr Briggs and Mr Nickerson can be helpful and give advice but any formal decision is given by the Planning Board and the Board of Appeals; one person is not enough Chairman Bailey- Didn't some of the discussion indicate to you that maybe it was a fairly sensitive topic? Mr Bob Mammola That is why I went to the Board of Appeals May I ask Mr Briggs to answer that? Chairman Bailey I think it is not germaine Mr Bob Mammola If I had it in writing Chairman Bailey That would get you over one hump, and you would have applied for a Common Victualler's license, etc Mr Bob Mammola Due to my ignorance, I didn't know Dr Kessler to Mr Cohen If I had a large paneled room and wanted to rent it out for parties, what would I need? Mr Cohen To serve food, a Common Victualler's license Dr Kessler Just for a couple of parties? Mr Cohen Yes, because the general public is being asked to come Dr Kessler- I feel very sorry because Mr Mammola did come and try to get information, but I think what disturbs me most is the safety of people being there If it is the law that you need all these things; signs, lights, etc , and if you put more into it, obviously it would be for a long term. Mr. Bob Mammola. It was to be long term. Dr. Kessler Then this loss is insignificant, and would suggest that you back off on the New Year's Eve party and go back to the people in town and get permits and think long term I think the people will understand Chairman Bailey I think the long term solution is the focus of attention. Mrs. Battin Is there any way of developing procedures to be followed so that people will know the requirements? Mr. O'Connell There are many things we can do to help communicate If there is any publicizing to be done, it should be said that the Select- men's Office is the primary Board for licensing, and if there are any fur- ther matters, they can be referred This gentlemen already has a license issued by the Board of Selectmen - it is no mystery The Board of Select- men issues Common Victualler licenses subject to the Board of Health's approval. Atty Lynch. Should we send a letter saying that in this instance we have applied to the Selectmen and withdraw it Chairman Bailey Nobody has applied to us If you put in an applica- tion for a Common Victualler's license, the Board can act on that In the 526 Selectmen's Meeting December 22, 1975 absence of specific approval from the Board of Appeals, we could say, "No " That is the sense of the Board Atty Lynch: I think it should be referred to court Chairman Bailey We have had no formal application Atty Lynch. I doubt as to whether a permit is necessary There are complicated, legal problems Chairman Bailey We are clear on our permits Messrs Mammola and Atty Lynch retired from the meeting Landry Mr Arthur N Landry, Jr , 5 Minuteman Lane, met with the Board Sewer Chairman Bailey- On November 13, 1972, the Board of Selectmen voted to defer $1,000 of the sewer betterment assessed on Lot 145, Map 50, for a period of three years, subject to the usual policy that if, within that period of time, this property is changed in any way or if the lot is sold or subdivided, this deferment of $1,000 will terminate and would become pay- able to the Town On October 16, 1975, we were informed by the Board of Assessors that, in April, 1973, Mr and Mrs Landry sold the property to William J and Kyle Mobilia (Book 12421, Page 53) Therefore, the Board of Selectmen voted on November 17, 1975 to terminate the deferment and informed Mr Landry by letter of November 24, 1975 that, as of April, 1973, payment of $1,000 is due and payable to the Town of Lexington Mr Landry I bought the property in 1951 and the parcel which my house is on, I believe in 1958 On February 10, 1958, I paid $610 better- ment and they brought the sewer 10 ft in front of my property; I paid not for 10 ft but for 125 ft I bought, roughly, 3 lots but because they were very large I didn't build on it At this time, I paid $610 for 125 ft and the house next to me paid $538 When I applied to the Board of Appeals, I told them I wanted a building site for a home for my daughter and son-in-law, and I gave it to them - and they assessed me an additional $750 for tying into the sewer It was originally billed for $1,750 Chairman Bailey $1772 62 was assessed in 1972, based on 90,000 sq ft and the fact that it would be bettered The letter from Mr Kenney on Nov- ember 15, 1972 was very explicit, and deferred $1,000 until that lot was built. upon Mr Landry If I have a vacant lot, why would I apply for a sewer if I wasn't going to build? Mr Kenney- That is why we held off on it Chairman Bailey You got a letter saying explicitly what the terms are Why didn't you come back before this when you got the letter? Mr Landry Isn't it the logical thing to have said why do you want a sewer if you are not going to build upon it? Chairman Bailey- I repeat - at that time, the Board agreed it was fair Mr Landry- No Chairman Bailey- Then I suggest that you take another route The Board voted twice that it agrees with the way the assessment was levied Mr Landry- To be assessed $1,750 for sewerage which is not put in, when I had paid for it previously 102 ' Selectmen's Meeting December 22, 1975 Chairman Bailey Mr Chase would be happy to review the computations Mr Chase His house is on Lot 16, which was bettered as a separate lot Mr Landry It appears that is something that will be decided in a court of law You leave me no alternative I am an older man and if you want young people to come into town - my son-in-law built it with his own hand -- and if you arbitrarily put assessments on Chairman Bailey How many 2-acre lots are there in town? I think that probably the basis of the permit you got to build on it took this factor into consideration If you want, talk to Mr Chase, Town Engineer Mr Landry retired from the meeting Upon motion duly made and seconded, it was voted to go into Executive Executive Session for the purpose of discussing, deliberating or voting on matters Session which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of a person After discussion of matters concerning the financial intersts of the Town and collective bargaining, it was voted to go out of Executive Session at 10 00 p.m. Mr Cohen discussed with the Board Articles to be inserted in the 1976 Warrant for the 1976 Annual Town Meeting Articles The Board agreed - III 1 An Article for the Town to accept a sewer easement on Concord Avenue, which was originally granted by Mr Haroian to Temple Emunah 2 An Article to convey a strip of Town-owned land on the south- erly side of Wood Street to the abutters Mr Cohen discussed the forthcoming auction sale of loW value tax- Foreclosed foreclosure land, and the Board agreed that the minimum purchase price is Land to be for taxes owed However, if a Town Agency expresses interest in any lot (s) , all bids will be rejected Mr Cohen discussed the insertion of another Article which was recom- Article - mended in the capital budget process He noted that this Article would be Traffic for the installation of traffic signals at the intersection of Waltham Signals - Street and Worthen Road The Public Works Dept brought to his attention Waltham St the fact that there is a right-of-way through a driveway from Bushnell Drive to Waltham St. Bushnell Drive is now constructed, and there appears to be no reason why anybody would have to go through Is there any feeling about possibly taking any rights in that driveway? There is a legitimate argument that it should be blocked off for safety reasons according to the Public Works Dept. Mr O'Connell The argument for the lights is that it should be laid out for public safety Mr Cohen We will make sure that the Article is broad enough to do it. 5'28 Selectmen' s Meeting December 22, 1975 Sellars Mr Cohen advised the Board, and it was agreed that the Board, and it vs Town was agreed that the Town would not seek a mistrial on the Seller's case despite the fact that it was reported that Mr Seller's had called the Master at home to discuss the case Fraenkel/ The Board of Selectmen discussed a dog hearing, which was conducted by Monne Dog Selectman Howard M Kessler on December 17, 1975, on the written complaint Hearing of Mr and Mrs. Alan Manne, 6 White Pine Lane against a male Collie dog owned by Dr and Mrs William Fraenkel, 9 Mason Street Upon motion duly made and seconded, it was voted that it is the finding of the Board of Selectmen of just cause for the concerns expressed by Mr and Mrs Alan Manne and, therefor, to order the dog, Shep owned by Mr and Mrs William Fraenkel of 9 Mason Street, is to be kept under the following restraints 1 The dog is to be kept in a completely enclosed, very secure metal fence pen or in the home 2 When walked, he is to be on a metal choke collar 3 He is not to be tied to a chain outside, as this could break Also, it is to be fully understood by Mr and Mrs Fraenkel that this is to be the last chance for Shep in Lexington A future incident, even though it might not be a serious one, might possibly be grounds to have the Board of Selectmen rescind its present decision on the disposition of the dog 1976 Com- Chairman Bailey informed the Board of an application from Bi-cen- mon Carri- tennial Tours, 89 Arcadia Street, Waltham; also, an application from Regal er Li- Bus Lines, Inc 70 Crafts Street, Newton censes Upon motion duly made and seconded, it was voted to renew the license to December 31, 1976 to Bi-centennial Tours for operating a common carrier Bicent for the transportation of passengers for hire by motor vehicle along Route Tours 2A, Massachusetts Avenue and Hancock Street to historical sites with stops at Museum of Our National Heritage, Munroe Tavern, Buckman Tavern and Hancock Clarke House Regal Bus Upon motion duly made and seconded, it was voted to renew the license Lines to December 31, 1976 to Regal Bus Lines, Inc for operating motor vehicles for the carriage of passengers for hire along Route 128 between the Lexing- ton-Waltham Town Lines and the Lexington-Burlington Town Line to transport Honeywell Corp. employees from Framingham plant to the Billerica plant No Stops Common The Board discussed the application from Rosina's Kitchen for renewal Victualler-of the Common Victualler license Rosina's Upon motion duly made and seconded, it was voted to renew to December Kitchen 31, 1976 the Common Victualler license for Rosina's Kitchen, on the street floor at 363A Massachusetts Avenue, subject to approval of the Board of Health 521) Selectmen's Meeting December 22, 1975 The Board discussed the renewal of the Innkeeper license for the Innkeeper Lexington Chalet, Inc , 440 Bedford Street License - Chairman Bailey The license was signed last week but we held it Lex Chalet until after Mr O'Connell and I had an informal meeting with the Owner and Manager We met on Wednesday and, in my judgment, the Manager is the problem there We left it that we would issue the renewal license, with reservations We hope they got the message as to any future reports about the motel. Chairman Bailey read a letter of resignation from Mrs Lois Brown Resignation- Upon motion duly made and seconded, it was voted to accept, with re- Mrs Brown gret, the resignation of Mrs Lois W Brown as a representative of the LCSR & Metropolitan Area Planning Council on the Lexington Commission on Sub- Bicen Com. urban Responsibility; also, her resignation as a member of the Bicen- tennial Committee Upon motion duly made and seconded, it was voted to appoint Mr Appt LCSR Albert Zabin a member of the Lexington Commission on Suburban Respon- Mr Zabin sibility as the representative of the Metropolitan Area Planning Council Chairman Bailey read a letter from Mr Norman Goralnick, President Request Re of Minuteman Associates Association, requesting that consideration be Worthen Rd given to changing the section of Worthen Road extending from Pleasant & Emerson Rd Street to the Bowman School to Worthen Road East The Board agreed to refer the matter to the Planning Board Dr Kessler suggested that the Planning Board also submit a recom- mendation on the section of Emerson Road off Maple Street The Board agreed Upon motion duly made and seconded, it was voted to sign the notices Street to the Constable to deliver to abutters concerning street hearings to be Hearings held on January 13, 1976 on the Board's vote of intent to lay out the following streets Construction Streets Briggs Road, From Crescent Road, a distance of 380+ ft to end Crescent Road, from Watertown Street, a distance of 1100+ ft to Green Lane Great Rock Road, from Crescent Road, 350+ ft to the end. Subdivision Streets Hartwell Place, from Hartwell Avenue, 660+ ft to end Brookwood Road, from Grant Street, 726+ ft to end Fairfield Drive, from Brookwood Road, 600+ ft to end. Upon motion duly made and seconded, it was voted the intention of Schuh laying out the rounding of the northeast corner of Clarke and Forest Gift of Streets for sidewalk purposes Land - The Board discussed a memo from Mr McSweeney regarding an offer by Clarke & Mrs Schuh, 24 Clarke Street, to give the Town a piece of land at the Forest 530 Selectmen' s Meeting December 22, 1975 corner of Clarke and Forest Streets It was agreed that an Article would be necessary in order to accept the land. Mrs Schuh is to be informed by letter that betterments would be assessed but could be apportioned. Mass Ave The Board discussed the request for a sidewalk in front of the Munroe Sidewalk- Tavern and the Minute Man Museum and agreed that it would be a separate MunroeTav Article in the Warrant. , Grey Nuns' The Board to refer the matter of the Grey Nuns' property to the Lexing- Property ton Housing Authority, the Planning Board, and the School Committee, re- questing that they respond by January 13, 1976 if there is any interest in acquiring the land Policy - Chairman Bailey informed the Board that a letter has been received Door-to- from Mr and Mrs Gerald Ross, 22 Suzanne Road, regarding permission being Door granted to Mass Fair Share to solicit from door-to-door in the Town. They Solicita- suggest that the Board reconsider its policy to grant this type of solicita- tion tion as it is an invasion of privacy at any hour or by any adult. It was the feeling of the Board that sufficient protection was avail- able to individual householders in the form of signs or other warning to potential solicitors The Board agreed to continue to support local causes but to discourage out-of-towners from soliciting in Lexington MSA Chairman Bailey read a letter from the Massachusetts Selectmen's Associ- Advisory ation requesting that the Board designate one member to serve on a Large Council Towns' Advisory Council, to be created on January 1, 1976 MSA feels that this Council would (a) help identify and define any problems within the MSA unique to larger towns, and (b) to help develop better service programs and means of participation with the MSA. After discussion, the Board agreed to inform the Massachusetts Select- men's Association that, primarily, because of pressures on available time, it is not possible to designate a member to the new Advisory Council. How- ever the Board would appreciate being advised of any new proposals of the Council Article - The Board agreed to have an Article in the Warrant to amend the General Amend By-Laws be eliminating the mailing of post cards to each Town Meeting member Gen'l at least 24 hours before the time of an adjourned Town Meeting By-Laws Possible Mr Busa proposed an Article in the Warrant to adopt Chapter 180, Entertain- Section 29, and Chapter 136, Section 2 and 4, regarding Entertainment ment licenses Article The Board took the matter under advisement. Executive Upon motion duly made and seconded, it was voted to go into Executive Session Session for the purpose of discussing, deliberating or voting on matters which, if made public might adversely affect the public security, the financial interest of the Town, or the reputation of a person 53 1. Selectmen's Meeting December 22, 1975 After discussion of personal services budgets, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 00 p m. A true record, Attest �u}J Executive Clerk, Selectmen I 111