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HomeMy WebLinkAbout1973-06-04-BOS-min 157 SELECTMEN'S MEETING June 4, 1973 A regular meeting of the Board of Selectmen was held in the Selectmen's Meeting Room on Monday, June 4 , 1973 at 7 :30 p.m. Chairman Kenney, Messrs . Bailey, Buse, Brown and Mrs. Rif fin; Mr. O'Connell, Town Manager; Mr. Cohen, Town Counsel; Mr. McSweeney, Director of Public Works/Engineering; Mrs. McCurdy, Executive Clerk, were present. At 7 :30 p.m. , hearing was declared open on the applica- tion of Mary D. Lee, Manager, for a Common Vicutaller and All Alcoholic Beverage License for Bora-Bora Inc. , 177 Massachusetts Avenue, Lexington. Notice of the hearing was advertised in the May 24, 1973 issue of the Lexington Minute-man. Certification was presented that all abutters were duly notified of the hear- ing within three days after publication of same. Present on behalf of Bora-Bora, Inc. , were Attorney Joseph Aborn, Mary D. Lee, President and Manager, and Chester Y. Lee, Treasurer. Chairman Kenney: Final plans were received from Bora- Bora, Inc. , on May 15, 1973 , accompanied by a certified check for $2 ,500. As required by law, Joseph Aborn, Clerk, submitted the names and addresses of all persons having direct interest in said license: Mary D. Lee, 80 Fayette Street, Cambridge; Chester Y. Lee, 184 St. Paul Street, Brookline; Bora- Joseph Aborn, 65 Jane Road, Newton. Police Chief Corr in- Bora formed us that he had investigated these three individuals and Inc. finds they have no criminal record and are of good character and reputation. Mr. Heustis, Director of Public Health, reports that renovations are still being made at this establishment and it is understood that a dishwasher with de-chlorinator will be installed in the service bar and *ill be in addition to the dishwasher in the kitchen. A final inspection will be made when all the renovations are completed. Mr. Irwin, Building Inspector, reports that alterations at the restaurant are well under way and are proceeding to the latest plans submitted by Mr. Lee. The seating capacity fulfills the requirements and this department has no reason to question the issuance of a license relative to matters which fall within its jurisdiction. Fire Chief Spellman reports that, as of June 1, the appli- cant has met all alterations for fire safety that had been requested by this department. 158 Selectmen' s Meeting June 4, 1973 Joseph Aborn: I have been a practicing attorney since 1933 and have Jtnown Chester Lee for the past 20 years. He is at the present time Chairman of the Chinese Merchants Asso- ciation of Boston; Grandmaster of the Chinese Masonic Lodge; Vice President of the New Bank of Boston; Loan Officer of the Lee Credit Union, 10 Tyler Street, Boston. He operates Anita Chue 's restaurant in Brookline, and has been in business for approximately 30 years. He has 4 children and 3 grandchildren. He has been successful in the operation of the restaurant. Mary Lee is married and has three children, one at M.I.T., one at Radcliffe, and a son going into M I.T. this year. She, has worked in the Chinese restaurant in Brookline and has some knowledge of the operation of a restaurant; she is also associated with the Lee Credit Union and is in charge of col- lecting money there on Sunday. She is giving that up to devote her entire time to the operation of the restaurant as the Manager. Mr. Lee and Mary are expanding the size of this as it was originally purchased and it will be between $50,000 - $60,000 to renovate it. We wish this Board to grant a license not with a cocktail bar but a service bar to serve with a good meal so that the town of Lexington will be proud of having it in Lexington. Chairman Kenney How many people can you seat? Mr. Lee: About 102 to 104; you could seat 110 because there is a lot of room in the back area. Chairman Kenney: What about the function room in the basement? Mr. Lee: We would not do anything there now, it will be later on. Chairman Kenney: What are the requested hours of oper- ation? Mr. Lee: About 11:00 a.m. to 1:00 a.m. , or 11:00 p.m. , or 12 :00 M. Mr. Busa: Is it to have entirely different personnel? Mr. Lee Entirely different; no relation (to Bamboo Hut) . Mr. Busa: It has been brought to my attention about the former owners seen leaving the premises. Mr. Lee: They were only seen there to remove personal property - arid I could sign an affidavit to that effect. Chairman Kenney: Are there any other people here sup- porting this petition? Officers of Bora-Bora, Inc. , Mary D. Lee, Chepter Y. Lee, and Joseph Aborn, are recorded in favor of the petition. Chairman Kenney: is there anyone present in opposition? Mr. Paul Tobias, 198 Massachusetts Avenue: I live directly across from this operation and we have experienced some very sad mobs in that area. Whatever the selectmen have AL59 Selectmen' s Meeting June 4, 1973 done there, we now have peace. You have taken care of Cum- berland Farms and stopped the people that worked in the Chinese restaurant from being noisy; our lawns are no longer covered with Chinese food. I wish you would continue it. I am in opposition. Chairman Kenney to Mr. Lee: How long has the restaurant been closed? Mr. Lee: Two months. Mr. Lester Simon, 19 Charles Street: I am directly op- posed to the operation. I must comment that the Chairman has given character references , and I do not object to them making a living. However, in the past, we have experienced serious disturbances. I am not objecting to them having?a liquor license if it would help them but would like to see it with reservations; if it looks like a first-class operation - say in a year. We have had seagulls and crows because of food and debris, and if they eliminate that, I have no objec- tion, but I would like to see them prove themselves. Mr. Bailey: It would help me if I knew how you feel about the hours of operation - if you are opposed to it on the given hours of operation? Mr. Tobias I don't think they should keep open to 2: 00 a.m or 1:00 a.m. because we all know you don't get patrons and help out before 2 30 or 3:00 a.m. and they raise hell in the parking lot but I am asking that they use some reasoning with it and give us a chance to sleep I go to bed arount midnight. Mr. Simons: Any people in there after 11:00 p.m are not from Lexington. The previous operation permitted taking liquor in. I feel that no restaurant should be opened after 11:00 p.m. , especially when you are awakened at 3 00 a.m. Mr. Charles Bowker, 172 Massachusetts Avenue As the opinion was expressed by the other two, I do hate to see the possibility of jeopardizing the solitude we have had for the last couple of months. I feel a little apprehensive about a liquor license. Mr. Dale Pothier, 11 Charles Street: Do the other res- taurants in Town close any time? Chairman Kenney: One closes at 10:00 p.m. ; the motel closes at midnight. Mr. Simon: Motels are not operating in a residential area. 10:00 o'clock would be fine Mr. Pothier Another thought to give to 1 00 a.m. closing is that 18-year olds are supposed to get off the road by 1:00 a.m. Mr. Matthew Sullivan, 166 Massachusetts Avenue I am opposed to a liquor license as there is no drinking place 1 0 Selectmen's Meeting June 4 , 1973 from up Lexington, Cambridge to and this will draw a lot of drinking people. I am opposed to it. Chairman Kenney read a petition which was signed in op- position to the issuance of a liquor license to the Bora-Bora Restaurant: Mary I. & James E. Enterkin 10 Cherry Street Lillian T. & William G. MacArthur 33 Charles Street Patricia & Robert Swanson 36 Charles Street Moreton Ensor 30 Charles Street David & Jane Stumpp 29 Charles Street Mrs. Ernest Figenbaum 7 Charles Street Chairman Kenney asked how many people present are op- posed to the granting of a license? The record shows that 16 people were present at the .. hearing in opposition to the granting of the liquor license. Mr. Brown I would like to ask about 10 :00 p.m. closing; is it practical or impractical? Mr. Aborn: It is impractical but I would suggest to my clients to accept because they want to get along with the neighbors. This isnot a drinking place; it is just to have dinner. Chairman Kenney: I would poll the audience regarding 10 00 p.m. closing time. Member of the Audience: This has nothing to do with granting of a liquor license. Chairman Kenney: Would this change your opinion? Audience: No. Mr. James Flanagan, 12 Charles Street: If someone went in just for a drink, would they serve them? Mr. Aborn It is against the law. Chairman Kenney: The law states that food must be avail- able. No one wishing to speak further, Chairman Kenney declared the hearing closed. The matter will be taken under advisement by the Board. The officers of Bora-Bora, Inc. , and the residents pre- sent for the hearing retired from the Meeting at 7 :55 p.m. Later on in the meeting, the Board discussed and agreed to deny the petition at this time. Upon motion duly made and seconded, it was voted to deny the application of Bora-Bora, Inc. , for a Common Victualler All Alcoholic Beverages license for the following reasons: 161 Selectmen's Meeting June 4, 1973 1, The abutters and neighboring residents strongly opposed granting of a liquor license at this location and no abutter or neighbor stated that he was in favor of the issuance of a license. 2. No evidence was presented to indicate that there is any public need for a license at this location. 3. No liquor license has ever been issued at this location. 4. The Board of Selectmen has determined that the character of the neighborhood warrants refusal of a license at this location. Mr. Busa abstained from voting. Mr. O'Connell discussed the bids received on April 23, 1973 for road machinery for the Department of Public Works under the appropriation for Article 24-Road Machinery in the 1973 Annual Town Meeting Warrant. Upon motion duly made and seconded, it was voted to ac- cept the recommendation of the Town Manager to award the DPW contracts for the purchase of Department of Public Works Equipment equipment to the following companies. International Harvester: One 3/4 ton 'pick-up truck with utility body, in the amount of $4,163 .62. International Harvester One 3/4 ton pick-up truck, in the amount of $3,996. 61. Automotive Service Co. : Four rack trucks G.V.M. 24,000 lbs. in the amount of $36,713 .00. Mr. O'Connell discussed a service contract with Barnes Engineering Company, not to exceed $29 ,000. Mr. McSweeney has asked Mr. Cohen to approve the contract as to form. In previous discussions with Engineering, to get the total work load requirements, the policy was to avoid the addition of personnel but to look at other alternatives for making ad- Barnes vancement in getting more sewer contract installation, and Engineerin< this would help the work load problem especially in field Contract inspection without falling behind in other work. it is pro- posed to take our own engineering personnel occupied in survey work to do the next sewer inspection work and enter 16'2 Selectmen' s Meeting June 4, 1973 II into a contract with Barnes Engineering to have a suitable group of personnel to constitute a survey party under the direction of our Engineering Department; this gives them direct control. The contract would pay for a 3-man survey party on a per diem basis between June and November and not exceed the dollar figure for each of the three surveys planned - $13 ,000, $9,500 and $6,500. Chairman Kenney: We would be willing to cooperate with the understanding that this is a one-shot deal and do most of the engineering in-house. Mr. O'Connell: Engineering is also trying to keep up with the Hatch Act and this would help them. We also want to go into 1975 with the work done. Upon motion duly made and seconded, it was voted to sign the contract with Barnes Engineering Company for survey work in the Town of Lexington in an amount not to exceed $29 ,000. Dr. Louis Fillios, 19 Eliot Road, met with the Board to discuss the possibility of commercial expansion of Hanscom Field. He presented petitions signed by Lexington residents and said that others have been circulated in surrounding communities. The Massachusetts Port Authority is not answer- able to any state or local authority and it's like a sword hanging over the head of this community. He suggested that there be a curfew to control flights during the night. Hanscom Chairman Kenney We have continued to oppose any expan- Field sion of Hanscom Field and we have been in continual touch with Dr. King, Director of the Port Authority; we have been constantly reassured that there are no plans for commercial expansion there. Mr. O'Connell: We got a direct confirmation that the Port Authority's official position has not changed in any way Mr. Brown: I went to the meeting at Concord and met with representatives of Concord and Lincoln to say we are opposed to this increase. In studying the air tower statistics for the last 15 years, it is very clear that the value of the Airport as a commercial field has been demonstrated by the decrease at the Airport. We have followed it in detail and have watched the decrease. We heard the Airport Manager say that this is not a satisfactory commercial venture as far as the increase is concerned. He is available for people to talk to him Mr. James Myers, 11 Constitution Road, Mr. Donald Giller, 52 Middle Street and Mr. Evan Semergian, Lincoln Chairman of Citizens Aviation Policy Association and Airport Noise Com- mittee, were present and expressed opposition to the expansion of Hanscom Field. 4 63 I Selectmen's Meeting June 4, 1973 Mr. Myers: It is not good planning to wait until it occurs. We ought to try to instigate what steps can be taken so Boardsof Selectmen have some control over the area. Chairman Kenney: Mr. O'Connell has said it would take a change in legislature. I can't conceive how we would get con- trol over Hanscom. Mr. Myers I agree but local communities are entitled to some sort of control. Mr. O'Connell: I would suggest that you attend the meet- ings of the Port Authority; they are open meetings. Chairman Kenney: We can ask Mr. O'Connell to get some information on the number of planes and what changes they are expecting to have. Thank you for meeting with us . Mr. Harmon White met with the Board to discuss the taking of his land, off Woburn Street, which was approved by the 1973 Town Meeting for conservation purposes . Dr. Howard Kassler, Chairman of the Conservation Commission, was also present. Mr. White requested that the Town Engineer be authorized to act as an intermediary in the preparation of plans for the Land property off Woburn Street on Rolfe Road so that the entire Taking parcel would not be taken. Harmon Dr. Kassler We would be pleased to meet with Mr. White White and someone from the Engineering Department. Chairman Kenney: We will instruct the Town Engineer to cooperate with you, with the idea that he will be a represent- ative of the Board. The Board agreed that the meeting is to be arranged. The Chairman requested the Board to sign the warrant to the Dog Officer regarding 1,066 unlicensed dogs. Warrant Upon motion duly made and seconded, it was voted to sign Unlicens the warrant to the Dog Officer regarding 1,066 unlicensed dogs Dogs in the town. Upon motion duly made and seconded, it was voted to au- thorize the Chairman to sign liquor identification cards for Liquor the following: Mark S. Andonian, 25 Fairbanks Road; Susan J. I.D. Eleftherakis, 59 Reed Street; Elizabeth S. McDonald, 366 Cards Marrett Road. Upon motion duly made and seconded, it was voted to ap- prove the recommendation of the Director of Public Works to Water sign water abatements for the following: Abate. Alfred T. Joseph 11 Plymouth Road $107 .25 Wrong Reading Capt. Parker Arms 125 Worthen Road 226. 05 " " Barney Reiffen 26 Peacock Fm. Rd. E .40 " Lex. Hous . Auth. Wm Roger Greeley 185.55 Village 164 Selectmen's Meeting June 4, 1973 Chairman Kenney informed the Board that a meeting has been scheduled with State DPW Commissioner Campbell on June 20, 1973 Hartwell Mr. Brown read a memo from Peter Chalpin, Engineer, Avenue stating that he had talked with Mr. Richardson of the State Connector DPW regarding the status of the Hartwell Avenue connector and had been informed that some work had been done on the project but because the Commissioner had not given any further go-ahead, the project had been classed as unofficial and has been tabled. The Board agreed that one item for discussion on June 20 will be the Hartwell Avenue connector. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, delib- Executive eratring or voting on matters which if made public might Sessioh adversely affect the public security, the financial interests of the Town or the reputation of a person. After discussion of matters of Town regulations, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to ad- journ at 10:05 p.m. A true record, Attest: &tiveer?iecn ` 1j1k49-