Loading...
HomeMy WebLinkAbout1972-07-10-BOS-min 421' SELECTMEN'S MEETING July 10, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, July 10, 1972 at 7 30 p.m. Chairman Kenney, Messrs Bailey, Busa, Brown and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mrs. McCurdy, Executive Clerk, were present. Mr G. Warren Butters, President of the Historical Society, met with the Board. Mr. Butters The real purpose of this meeting is to acquaint you with the situation that faces us on the Buckman Tavern and we need assistance. There is a roof problem and water damage; water is running down the front in the inside, and there is damage to shingles, flashing, gutters, eaves and clapboards. This should be done. at once, and the financial responsibility is on the Historical Society. BUCKMAN $27,000 was spent in 1967 and the Town accepted the responsibility. TAVERN Since last October, we noticed buckling in the interior walls, the sides being forced out, the beams are settling down causing damage to the ceiling of the second floor We don't know what the cause is, but there is a weakness. It was temporarily shored up and it may not have been done right. We are not able to have visitors on the second floor The requirements are Structural engineering survey to - a. Examine, measure, determine tension, torsion factors of second floor and roof supporting members b. Analyze c. Isolate the cause d. Prepare and submit recommendations; short term vs. long term considerations e. Financial responsibility We are concerned about the visitors this summer; obviously, nothing can be done this summer but could be done in the fall . We need to find out when we can get bids and determine the schedule We are also con- cerned about the Bicentennial . We are in serious trouble as far as space to put things and we are continually getting documents and manu- scripts, and there is no space and no office We would like you to make a tour of all buildings, in particular Buckman Tavern to see the previous job done in the cellar in 1967 and to look at what we have to deal with today. Chairman Kenney I asked Town Counsel to review the lease because as you know, we have certain problems concerning the spending of Town funds. 422 Mr. Legro The lease dated August I , 1917 reads for 99 years, at the end of such term a new lease may be given or an extension. 1 think this type of work on buildings is similar to 1948 and 1967, in which case we prevailed upon the Legislature to authorize the Town to spend the money. I presume it is the same this year that there is no money? Mr Butters We ran in the hole mainly because of mainten- ance; as of June 30, we are $4,000 in the hole We have been hard put to make both ends meet. Mr. Legro: The only difference between 1948 and 1967 and the present time is the change by the Home Rule amendment requiring Town Meeting authorization of legislation of approval, and that would be required here. It is possible, and I would like to see if tried, if this is the approach taken to ask for an appropriation, subject to ratification of the Legislature, and set up legislation. Chairman Kenney If the Board is of the opinion that It is beyond the means of the Historical Society, that means Town Meeting and legislative action. For one thing, there would have to be a fairly reasonable estimate and it would be up to the Historical Society to somehow make the survey Mr. Butters We did this in 1967 and it might be $2,500. We would be prepared to furnish something definite to go on. There was an estimate of $2,500 to $3,000 on the roof . Chairman Kenney You would do well to hold the roof until the survey is finished; they may be inter-related. The possibility of a Special Town Meeting in the fall was dis- cussed and Mr. Bailey remarked that the Historical Society would have about two months to get the survey completed. Mr. Butters agreed. Mr O'Connell If approval of the Legislature is obtained in January, it might be possible to do the repairs in the winter. Mrs. Riff in When an emergency affects the situation, isn't there some way of getting it through the Legislature? Mr. Legro Implied there was some possibility of this. Mr Legro I think it is less flexible under Home Rule. We would have to know more about the problems. I haven't been able to see any remarkable difference from both previous occasions. Three Town Counsels have reached the same conclusions on the same situations and I don't see any substantial difference; they were dire emergencies and in 1967 it had to be done immediately. Chairman Kenney The course is fairly clear; Mr. McSweeney will look at the Buckman Tavern with one of his Engineers and the Board members will also look at it on next Monday. Then, the Board will discuss the matter once again. The Board agreed. Re- Mr O'Connell reported to the Board on the matter of re- precincting districting bill passed by the Legislature. August 15 was estab- lished as the deadline for information being submitted to the State. We are already proceeding with the preliminary work to 423 determine what the division of the Town would be, based on nine precincts. Our computer service is furnishing us with what amounts to estimate re- garding the population of any given area. I will bring the information back to the Board on not later than August I . We estimate the cost of computer service to be $500 to $750, depending on how good a manual cut we can make. We plan to bring it in first on nine precincts to see if that is satisfactory. I believe the Board is aware of the fact that once the reprecincting is done, all Town Meeting members will be up for election in 1973 Mr O'Connell is to come back to the Board with the information. Mr. O'Connell informed the Board that he had appointed Irving H. Permanent Mabee a member of the Permanent Building Committee to replace David Building Marshall . Mr Bailey is now liaison man for the Library addition. Committee Mr. O'Connell recommended that the Board approve a request for a transfer to the Police Department covering the cost of printing the revised Police Department Rules and Regulations. The cost of print- ing 700 copies and binders is $1 ,365, and it was not anticipated in Police the 1972 budget. Transfer Chairman Kenney They have been operating with regulations that have been so out of date. Upon motion duly made and seconded, it was voted to request the Appropriations Committee for approval of a transfer from the Reserve Fund to the Police Department Account #3800, in the amount of $1 ,365. At 8 00 p.m., hearing was declared open upon petition of the Bamboo Hut, Inc , 177 Massachusetts Avenue, for a liquor license. Mr. Winchell P.0 Woo, President of Bamboo Hut, Inc., and Mr. Daniel G. Yee, Treasurer, were present. Chairman Kenney Application was made on June 22, 1972 and a certified check for $2,500 was submitted with the application All abutters have been notified of the hearing. A legal notice was in- serted in the Lexington Minute-man issue of June 29, 1972. You will recall when they originally applied and presented the layout, there Bamboo Hut, were certain questions posed by the Building Inspector, Fire Chief Inc. and the Board of Health. We asked the Bamboo Hut to put on the plan as to how they would resolve these objections Do you wish to tell us why you want the license, and to say anything In your fevor2 Mr. Yee If we do get the license, the revised seating capa- city would be from 94 seats to 104 seats If we do get the license we hope it would increase our business tremendously. Chairman Kenney Does anyone else wish to speak in favor? No one spoke in favor. Chairman Kenney read the reports from the Building Inspector, Fire Chief , and the Board of Health Building Inspector' s Report The seating as proposed on the most recent plan has not altered the occupancy limits and are still acceptable. 424 The new plan also indicates the emergency lights and location of the fire extinguishers The second exit from the street floor level has been changed to an exit from the front of the building rather than the rear as originally proposed. The exit from the rear would be more desirable, but the two exits as proposed from the front would satisfy the requirements. In general I ' d say the new proposal with the indicated changes have incorporated the necessary requirements, although as pointed out above, the rear exit from the first floor would be more desirable. Fire Chief' s Report The recommendations submitted on May 8, 1972 are as follows. This department concurs with the Building Inspector' s report that the requirements as to the emergency facilities are necessary in the proposed alterations of this building. In the past the Fire Department has had problems and frequent inspections were, and are still necessary, to insure that the rear exits are maintained in proper order. The recommendations of this department are as follows: 1 . An adequate exit at the rear of the street floor level directly to the outside with panic hardware on the door. 2. Fire protected door at the top level of the stairs from the banquet room to the street level floor. 3. Rear exit of the banquet room to be adequate to control the passage of the patrons to the outside. This door shall also have panic hardware 4. Proper fire extinguishers at both restaurant and banquet levels. 5 All other exit and egress doors shall have proper safety hardware. Detailed plans 6f final alterations should be provided the Fire Department for evaluation and recommendations. The recommendations which this department requested on May 8, 1972 have been met with the exception of Number I , which reads as follows "An adequate exit at the rear of the street floor level directly to the outside with panic hardward on door". After seeing the plans as of this date (July 10), I also recommend that a door with louvers from the heater room to the outside be provided 25Boa42r- Board rd of Health Report An inspection was made of the Bamboo Hut to determine compliance with our local and state regulations for Food Service Establishments. The inspection indicated that there were several items in violation that needed correction and will be taken care of by the management. With respect to their application for a liquor license, an exam- ination of the renovation plans on file in the Selectmen's Office on July 7, 1972-did not show enough detail to determine if the proposed service bar would be adequate to handle the additional volume of dishes and utensils that the granting of this license would generate. The rest rooms being built in the basement were not ready for inspection. Until detailed plans are filed in the office of the Board of Health, approval cannot be given for the proposed renovation and mod- ification of their existing permit. Mr. Busa Were any provisions made in that plan for additional glassware or facilities to wash them? Chairman Kenney A conditional license could be granted, subject to adequate facilities for washing them. Mr. Buse A detailed plan must be provided with the application before a license is granted or discussed. There should be one. I don't think there is a provision in the law that an alternate plan can be changed on the application. It is my understanding that all details must be on the plan. Chairman Kenney I had understood that a license could be condi- tional . Mr. Legro A license can be conditional upon making the premises comply in a certain way. The Board must hear all the facts. Mr. Brown What is a conditional license - if they meet certain conditions, then they can proceed? Mr Legro The Board can approve a license but not issue it until the work Is done; if other things are met, you could approve it. Chairman Kenney Is anyone present in opposition to this appli- cation? Mrs. Dale Pothier, II Charles Street I don't think East Lexington needs a license, and they are allowed to bring in liquor. We had several problems last fall and it has been a little more quiet. I don't think a liquor license would bring back business that has dropped off . There were other reasons to be considered. I , for one, am opposed. Mr. Matthew Sullivan, 166 Massachusetts Avenue In the first statement, you said all abutters were notified. Who constitutes an abutter; I received no notification. 426 Mr Charles E. Bowker, 172 Massachusetts Avenue 1 am directly across the street. Since a year ago, there has been a decided im- provement in the Bamboo Hut. As neighbors, we feel increased activity of a liquor license would tend to activate factions in the neighbor- hood, which we all expressed at the prior meeting. I would like to be on record as opposed. Mrs. Patricia Swanson, 36 Charles Street If they serve liquor with meals in that type of atmosphere, and when they start getting into serving it until 100 a.m. , it is not what I would have voted for There is no other place open until 100 a.m. Chairman Kenney We have had requests from other establishments and have not given it to them, they are not requesting a license until 100 a.m. Man What time are they suppose to stop serving liquor? Chairman Kenney They would stop serving liquor at the time specified on their other license (common victualler) and we are talk- ing about II 00 p .m Mr Kenneth Pothier, II Charles Street They haven't abided by some of these rules. Liquor isn't going to make the food taste any better If I go to a place to eat, I want to enjoy the food; I go there mainly for the food. Chairman Kenney That is an individual preference. How many people are opposed? Twenty-five people at the hearing were counted in opposition. Mrs. Edith Figenbaum, 7 Charles Street I have been a resident of East Lexington for 47 years and don't feel a liquor license should be given for one reason, the 18-year olds. Right now, we have a lot of trouble and if they get liquor, they will be throwing cans and we will have to take them out of our bushes. If they destroy property, who pays for It? We can't do that and we don't get insur- ance for it, and I don't think they should get a liquor license and have things destroyed. No one else appearing in opposition, the Chairman declared the hearing closed and the matter taken under advisement. Later on in the meeting, the Board discussed the application. Upon motion duly made and seconded, it was voted to deny the application of the Bamboo Hut, Inc., 177 Massachusetts Avenue, for a liquor license, for the following reasons There was strong opposition recorded at the hearing by abutters and neighboring residents. No one spoke in favor There was no evidence presented to indicate a public need for a license at this location. The Board had to consider the prior complaints brought against your establishment by the Lexington Health Officer, and your plan still meets with objections stated by the Fire Chief. Mr. Busa abstained. 427 Chairman Kenney read a letter from the Cary Memorial Library Trustees nominating Mr Royston T. Daley, 2243 Massachusetts Avenue, Historic to fill the unexpired term to January I , 1973 of Duncan E. MacDonald Districts as an Associate Member of the Historic Districts Commission. Appointment Upon motion duly made and seconded, it was voted to appoint Royston T. Daley as Associate Member of the Historic Districts Com- mission for a term expiring January I , 1973. Chairman Kenney read a request from Mr. Charles Kennel , 121 Kendall Road, to connect with the Town drainage system in order to solve a serious water problem in his backyard. He states that if the Town authorities do not feel that this problem is one the Town can undertake to solve at its expense, he is prepared to carry out this project at his own expense; agreeing to see to it that the project is Drain carried out in accordance with such specifications as the Town Engi- Kannel nears consider appropriate. Request Mr Legro• We have released the bond in this area (Colonial Acres) . Mr. Busa Should we get an easement for that drain? We might have to be liable to maintain it under future ownership. The Board agreed to table the request pending a report from the Director of Public Works. Chairman Kenney read a letter from Mrs. Arnold Miller, 33 Young Street, stating it is unfair that the proposed sewer ends at 31 Young Street and her petition has been turned down for the past three years. Sewer-Miller A report from the Director of Public Works states that the Young St Miller property falls into Section B of Young Street, as listed in the 1972 Preliminary Budget. The break point was established by the existing ground elevations and cost analysis. The Board agreed to inform Mrs Miller that, for engineering purposes, the sewer was designed to end at the property abutting her home When her property is sewered, it will be coming from a differ- ent direction and it is recommended that she apply in the fall for consideration in the 1973 sewer budget Chairman Kenney read a letter from Mr Edward D. Duncan, 3 Wyman Road, suggesting that alternate streets be used to facili- Traffic tate free flow of intown traffic. Upon motion duly made and seconded, it was voted to refer the letter to the Traffic Committee. For the information of the Board, Chairman Kenney read the follow- ing notices from the State Department of Public Works Chapter 90 The Commissioners have assigned, subject to Legislative appro- East St. priatlon, the sum of $29,700 for the improvement of East Street, on condition that at least $14,850 shall be contributed by the Town and $14,850 by the county. 428 The Commissioners have assigned, subject to Legislative appro- Maintenance priation, the sum of $2,000 for the maintenance of Chapter 90 roads in Lexington, on condition that at least $2,000 shall be contributed by the Town and $2,000 by the County. Chairman Kenney read requests from Secretary Davoren to certify the character of persons who have applied for Certificate of Incor- poration. Upon motion duly made and seconded, it was voted to certify the character of persons who have applied for Certificate of Incorpora- tion Certificate of Incor- Kenneth Henderson 775 Massachusetts Avenue poration "Subud Boston, Incorporated" Mariam J. Donovan 37 Grapevine Avenue "Clifton House, Inc." The Board discussed a request from Secretary Davoren to certify the characters of Toby Armour Schneider and Steven J. Schneider, 103 Pleasant Street who have applied for Certificate of Incorporation "New England Dinosaur, Inc." to be located at 103 Pleasant Street. Chairman Kenney read a memo from the Building Inspector stating 103 Pleasant that 103 Pleasant Street is in a residential area. If the address is Street, Inc. being used for incorporation purposes only, and the corporation is solely for the purpose stated and, basically, the address is being used as a mail drop, it is his opinion this would not present a problem. Upon motion duly made and seconded, it was voted to inform Secretary Davoren that 103 Pleasant Street, Lexington, is in a resi- dential area and to conduct some of the operations contained in the purposes of incorporation woUld be in violation of the Zoning -By- Laws. Therefore, the location at 103 Pleasant Street is suitable only if it is used as a mail drop. The individuals named are of good character and reputation and have not been engaged in the illegal sale of intoxicating liquors or in keeping places of ill-repute or engaged in any other business or vocation prohibited by law. Chairman Kenney read an application from Mr. John D. Brucchi , Brucchi 63 Paul Revere Road, for a hackney carriage license Hackney Upon motion duly made and seconded, it was voted to table the License application pending further information from Mr. Brucchi . Chairman Kenney read a request from Mr. William R. Page, 25 Oakland Street, for an appointment to discuss consideration of an CATV Advisory Committee on the question of franchising Cable TV in Lexington. The Board agreed to invite Mr. Page to meet with them when the workload permits. 1 429 y , v , 97 Z. V L Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session and 'resume the open meeting. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held on June 20, 1972. Upon motion duly made and seconded, it was voted to remove fham the table the petition of the residents of Lillian Road not to install Lillian Rd, the sidewalk on Lillian Road. Sidewalk Mr. Buse I spoke to the majority of the residents and to the Deletion original petitioners, Dr. and Mrs Furman of 18 Lillian Road and ex- plained the situation to them. The majority wish to be recorded with the others on the street in not having a sidewalk on Lillian Road. Upon motion duly made and seconded, it was voted to delete the sidewalk for Lillian Road from the 1972 Sidewalk Construction list Mr. John Maguire, Chairman of the School Committee, met with the Board to discuss the proposed single building maintenance organiza- tion. Chairman Kenney read a letter to the School Committee stating that in response to the request of a member of the School Committee, we are pleased to outline our views and the Board of Selectmen believes that the concept of a single building maintenance organization is sound and should be an objective toward which the Town should be working. . . Study A letter from the School Committee was read, stating that "while Committee we agree in principle that the idea has merit, there are many practi- Building cal difficulties which we can foresee. As you have suggested, Maintenance organization location is one matter that must be resolved, but there are others as well , including the important subject of overall financial benefit to the Town. We therefore concur with the recom- mendation that a committee be formed to study the feasibility of implementing uniform maintenance in Lexington and the conditions under which this plan could best function Mr. Maguire We are willing to study the feasibility because we want to make sure it is reasonable for Lexington - reasonable and efficient from the point of view of the School Committee. I have no objection to the study; the conclusion may be uniform maintenance under some body other than the Board of Selectmen. It could clear the air and satisfy ourselves there are enough savings. It could be a 4-man Committee composed of two from the School Committee and two from the Board of Selectmen; to report back at some time specified. It was agreed that the Board appoint two members and the School Committee appoint two members. IIIMr. Maguire retired from the meeting. 430 Later in the meeting, the Board voted the appointments Upon motion duly made and seconded, it was voted to appoint Selectman Fred C. Bailey and Walter C. O'Connell , Town Manager, to serve as representatives of the Board of Selectmen on the proposed committee to study the feasibility of a combined maintenance program for both school and Town buildings. (Later in the week, a letter was received from Mr Maguire notify- ing the Board that James Maclnnes, School Business Administrator, and John J. Maguire, Chairman of the School Committee, were appointed members of the Committee.) Chairman Kenney read a request from the Director of Public Works to sign water abatements. The reason for the numerous incorrect meter Water readings is due to the fact that we had two inexperienced men reading ' Abatements water meters because the two regular meter readers were out on sick leave Upon motion duly made and seconded, it was voted to sign the following water abatements John G. Desmond 5 Revolutionary Road $60.90 Meter read wrong Michael McCarthy 6 Revolutionary Road 46.97 Meter read wrong Mildred Johnson 26 Bedford Street 38.85 Wrong reading-Owner Veterans Hospital Spring Rd., Bedford 1178.21 Wrong information by Hospital Barry Orenstein 25 Skyview Road 18.55 Wrong billing W.H. Larsen 27 Skyview Road 8 75 Pit-Water off. Bernard Levinson 10 Coach Road 51 .51 Meter read wrong Robert M. Craig 9 Lincoln Terr. 22.58 Wrong reading-owner Richard I . Young 33 Fairbanks Road 27.77 Meter read wrong Bruce Gordon 19 Wachusett Drive 7.00 Wrong billing Josephine Philbrook 49 Grassland Street 8.75 Pit-water oft. Gaudet 12 Stedman Road 29 16 Meter read wrong Tony Cataldo 41 Rindge Avenue 8.75 Pit-water off. George Wouralis 137 Lowell Street 2.45 Wrong billing James Lettiere 6 Taft Avenue 7.00 Wrong billing Helen Ferreira 249 Marrett Road 5.95 Meter read wrong Gerald Friel 364 Waltham Street 133.70 Meter read wrong John Grabski 64 Blossomcrest Road 7.00 Meter read wrong William C. Meehan 182 Waltham Street 76.68 Wrong reading-owner John P Dailey 58 Blake Road 25.20 Meter read wrong Herbert Mehlhorn 2 Preston Road 2.45 Meter read wrong Louis Molinari 9 Preston Road 5.25 Meter read wrong Ernest Johnson 45 Glove Street 1 .40 Wrong billing Charles A Stevenson 5 Flintlock Road 8.75 Wrong billing Judith Leader 17 Fairfield Drive 7.83 Wrong billing The Board briefly discussed the Lexington Commission on Suburban LCSR Responsibility and it was agreed that Route 128 Industries would be a Member-at-Large. 431 Mr. Buse discussed the Land Acquisition Procedure and informed the Board that four meetings have been held by the Committee. We have drawn up a standard procedure using information received from the Town Land Manager and the former Planning Director; also, information contributed Acquisi- by each member of the Committee. We recently talked to Dr Kessler tion after the review of the Planning Board and the wording will be kept in Procedure simple laymen terms Mr. O'Connell I would recommend that there be a central record file on land acquisition. The Board agreed and will discuss the location at a later date The Board discussed the appointment of a new Town Counsel . Upon motion duly made and seconded, it was voted to appoint Norman P. Cohen, representing the firm of Palmer & Dodge, 28 State Street Town Boston, as Counsel for the Town of Lexington; effective date to be set Counsel- very soon. Appoint-n It was agreed that Mr. Cohen is to contact Mr. Legro to discuss the ment transition and how the matter may be handled in the smoothest possible manner. Following this meeting, the Board will set the date upon which Mr. Cohen' s appointment will become effective. Upon motion duly made and seconded, it was voted to go into Execu- tive Session for the purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect the public Executive security, the financial interests of the Town or the reputation of a Session person. After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 10 00 p.m. A true record, Attest yti.i,'1 ficAL )21- v. Executive Clerk, Selectmen