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HomeMy WebLinkAbout1972-04-10-BOS-min 310 SELECTMEN'S MEETING April 10, 1972 ' A regular meeting of the Board of Selectmen was held in the Selectmen' s Meeting Room, Town Office Building, on Monday evening, April 10, 1972, at 7 00 p.m. Chairman Kenney, Messrs. Busa abd Brown, and Mrs. Riff in; Mr. Legro, Town Counsel; Mr. O'Connell , Town Manager; Mr. McSweeney, Director of Public Works Department; Mrs. McCurdy, Executive. Clerk, were present. Mr. Herbert Eisenberg, Architect for the Lexington Mews Building project, met with the Board. He introduced the owners, Mr. and Mrs. Samoylenco. Mrs. Samoylenco This started over a year ago when I looked for a store for an antique shop; I am an interior designer. I started delving into town studies and realized there was a tremen- dous potential for a specialty goods store. One thing led to another and I thought of a mew that would be called the Lexington Mew, with all stores facing into a court yard with brick paving and with lighting. There is a reason for an art cinema and a restaurant. I liked the idea of utilizing space and all stores Lexington will intermingle. I will run the antique store and ladies can go Mews to the restaurant and to the theatre for a lecture on the regency period to make people aware of interior design and furniture. I think there is a need. That is my concept on how to run an antique shop. Mr. Eisenberg Basically, it was started by another architect. They have been through the Historic Districts and will go to the Board of Appeals on April 18 for a specific permit for the restau- rant, and then for the theatre. Mr. Arthur-Smith, Mr. Eisenberg' s associate, showed ,plans indicating 319 seats for the theatre with access to the outside in two or three locations. A Muzzey Street plan showed the existing parking lot through to Muzzey Street. One of the reasons we are here is that we will be asking the Selectmen to take down the wire fence. It will be brick paving throughout, as well as a paved gallery for exhibitions. There is a letter of intent from a major food store, an A- I trading center which is on Newbury Street selling organic foods; a folding board-wood products company; a book shop; a gourmet food store set up like a contemporary country store. Mr. Eisenberg On lighting, our present pians will repeat the lighting in the Center, which will be along the gallery and the parking lot. The second floor balcony is exposed to the interior court; the restaurant will be on the parking Jot side. Chairman Kenney How many could be seated in the restaurant? Mr. Eisenberg We plan for 125; there could be more. 1 311 Mrs. Samoylenco There are crafts shops. I envisioned space for leather goods, weavers and potters to sell their wares. People could come and see these craftsmen at work. These would be in the atelier. Mr. Eisenberg The roof plan shows specific location on the site. There are skylights for the studios. We look for support for the hearing on April 18 with the Board of Appeals. Chairman Kenney The fence would be a minor detail . Do you intend to apply for a liquor license? Mrs. Samoylenco Yes. Mr. Eisenberg According to Town Meeting, restaurants now come under the Board of Appeals. Mr. Buse You would not provide extra parking? It would tax the facilities there now. I am not against people spending for more revenue for Lexington, but you know it is taxed over and above what we now have. I wonder if there is a possible way to get parking underground. Mr. Eisenberg There is no possible way to provide underground parking. I do not feel an entrance on Muzzey Street would be satis- factbry to Historic Districts, and it would mean losing some spaces on dead access to it. The big influx would be in the evening and will not tax the area during the day. That is a value judgment and you can agree or disagree. 1 don't think theshops open during the day would put an undue tax on it during the day. Mr. Buse I know what will happen in the future when we will be looking for more money for more facilities. Mr. Eisenberg: There is no parking under the zoning-by- law. Chairman Kenney Regarding any recommendation to the Board of Appeals, this Board does not customarily make a recommendation. That doesn't mean we wouldn't support your project. Mr. Eisenberg 1 do recall the Board supported the building in the center that was before the Board of Appeals. Chairman Kenney We don't recommend on each and every project. Mr. and Mrs. Samoylenco and Mr. Eisenberg retired from the meeting. The Board agreed that it was not necessary to take a position on the matter to go before the Board of Appeals on April 18. Mr. Legro informed the Board that he had received in duplicate a letter from Lexington Enterprises, Inc., addressed to the Board of Selectmen, requesting permission to pledge stock in said Lexing- ton Enterprises, Inc. to the Lexington Federal Savings and loan Lexington Association of 1840 Massachusetts Avenue, Lexington, Massachusetts. Enterprises, This pledge is to secure a note of the said corporation to the Inc. bank. This note will , additionally, be secured by a mortgage on the real and personal property known as Anthony's Restaurant and located at 27 Waltham Street, Lexington; signed by Marguerite Brasco, Chester C.K. Chi , C. Michael Sheridan, Pao Chen Wong, Ronald S. Chi , Robert G. Molvar, Margery B. Goldman, Chee Ching Yih. 312 Mr. Legro I think this was the only question that remained open on the application to transfer the Common Victualler Liquor License from Mr. Bevilaqua to Lexington Enterprises, Inc. Upon motion duly made and seconded, it was voted to approve the transferral of the Common Victualler Liquor License from Mr. Bevilaqua of Anthony's Restaurant, 27 Waltham Street, to Lexington Enterprises, Inc., subject to the approval of the Alcoholic Bever- ages Control Commission. The Board grants permission to Lexington Enterprises, Inc. to pledge stock in said Lexington Enterprises, Inc. to the Lexington Federal Savings and Loan Association, as outlined above. Mr. Legro informed the Board that the application from Patriot Ford, Inc., 389 Massachusetts Avenue, to change the name Patriot from Lexington Auto Sales, Inc., shows the location as 389-397-409 Ford, Inc. Massachusetts Avenue, whereas the license issued by the Board' for 1972 shows only 409 Massachusetts Avenue; the description of the premises is also different. This would be treated as a new license upon surrender of the old license. Otherwise, the license qualifies. The Board agreed to hold the license until the changes are made. Mr. O'Connell informed the Board that two requests have been April 16 17 received from vendors who have been given permits for April 17 to permits also sell on Sunday, April 16 It is my recommendation to grant them between the hours of 1 00 p.m. and 4 00 p.m. The Board had no objection. Mr. O'Connell informed the Board that the Lexington Jaycee's Parade have abandoned plans for bleachers for the parade; the bleachers Bleachers which were to come from Hanscom Field are too large, and the Town does not have enough bleachers to make it worthwhile. Mr. O'Connell requested the Board to vote to authorize Mr. DPW Coscia to sign the DPW payroll and other DPW matters as Mr. McSweeney will be away for three days. Upon motion duly made and seconded, it was voted to authorize Emanuele Coscia to sign the DPW payroll and other matters during Mr. McSweeney's absence. Chairman Kenney read a letter from Mr. James H. Myers, Laconia St. 87 Laconia Street, regarding a petition for Town sewer service Sewer and storm drainage service along that portion of Laconia Street Request d from the end of the reconstructed part to the corner of Rumford Storm Drain Road. The letter states that over and above the sewage problem is the necessity to install storm drains. Mr. O'Connell said that a later communication has been re- ceived from Mrs. LoCicero of 92 Laconia Street regarding the situation. X313. Mr. McSweeney The people on Laconia Street did not return the petition this year; they did return it in 1970 but it was left out for budget purposes. I personally feel that unless Mr. Heustis (Health Department) shows that this situation is far and above more serious than places such as the Temple, we should consider their letter as a petition and we start all over again next year. They did not return other petitions. Chairman Kenney Obviously, they are not in one of the streets we had selected. What about storm drains? Mr. McSweeney I would have to report on it. Chairman Kenney When you give me a drainage report, we will see how we treat the situation. The Board agreed to await the report from Mr. McSweeney on storm drains. Chairman Kenney read a request from Busa Bros. Liquors, Inc., 131 Massachusetts Avenue, for approval of transfer of stock. Upon motion duly made and seconded, it was Voted to approve the request of Daniel P. Busa and Catherine P. Busa, owners of 45 shares of common stock and 5 shares of common stock, respectively, toctrans- fer such Shares of stock from themselves to the corporation, Busa Busa Bros. Oros. Liquors, Inc., 131 Massachusetts Avenue, Lexington, Massachu- Inc. setts, to be held by said corporation as treasury stock; and to Transfer approve the request for permission to Busa Bros. Liquors, Inc. to of Stock purchase the stock of Daniel P. Busa and Catherine P. Busa. Select- ' men Alfred S. Busa abstained. The Board agreed to submit the request to the Alcoholic Bever- ages Control Commission for approval. The Board discussed a report from Mr. McSweeney regarding Article 92 of the 1972 Annual Town Meeting-Citizens! Article to see if the Town will authorize the Selectmen to abandon and release such portions of flowage rights, taken by the Town, as they affect Parcel I as shown on a plan entitled "Plan Showing Lands at Butterfield' s Popd for a Article 92 Flood Retarding Basin" dated August 23, 1938, which rights are no longer required by the Town, and will set the minimum amount to be paid for such abandonment, or act in any other manner in relation thereto. Chairman Kenney Mr McSweeney's report states that he had re- viewed the department's records and had inspected the area. The information and inspection leads me to believe that the Town is no longer in need of the drainage and flowage rights for Parcel No I . He has submitted a copy of the plan and order of taking dated February 13, 1939 which had determined the damages sustained in the amount of S60 for this one parcel . After discussion, the Board agreed to a minimum amount of $250. Upon motion duly made and seconded, it was voted that the mini- mum amount of recovery under Article 92 would be $250. 314 Upon motion duly made and seconded, it was 'voted to approve the request of the Superintendent of Public Works for the following water abatements; James Babcock 304 Emerson Road $ 30.00 Wrong Billing Abatements Paul Lingard 245 East Street 212. 10 Wrong Billtng Abatement of Sewer House Connection Thomas Preziosi 12 Lockwood Road 31.31 incorrect quanti-• ties billed Chairman Kenney read a request from Mrs. Arline A. Burns, 37 Traffic Cliffe Avenue, for Stop sign and Slow-Children sign in the area of Fottler & Fottler and Cliffe Avenues. Cliffe Aves. Upon motion duly made and seconded, it was voted to refer the request to the Traffic Committee for a recommendation. Chairman Kenney read a request from the U.S.S. Lexington Minute- man Club of Rocky Hill , Connecticut, to use the Battle Green for the Permit annual memorial services on Sunday, May 7, 1972 at 2 00 p.m. Upon motion duly made and seconded, it was voted to grant the re- quest of the U.S.S. Lexington Minuteman Club to use the Battle Green on Sunday, May 7, 1972, at 2 00 p.m. Chairman Kenney read a letter from R.W. Beck and Associates, Wellesley, offering consulting services to municipal authorities to 'C.A.T.V. enable them to institute CATV francise procedures. The Board agreed to write and inform them that no applications for Cable Television are being considered at this time. Upon motion duly made and seconded, it was voted to grant permis- sion to the Painters' Guild of the Lexington Arts and Crafts Society Permit to conduct their Meet-the-Artist Day on the Buckman Tavern Grounds on Sunday, May 14, 1972 from 12 00 N. to 6 00 p.m. (rain date of May 21). Permission was also granted for the annual outdoor art exhibition on Sunday, October 1, 1972 from 12 00 N to 6 00 p.m. Special Upon motion duly made and seconded, it was voted to approve the Policemen request of the Chief of Police to appoint the following as Special Policemen William A. Buse, Philip Gilman, Alan G. Adams. Minutes Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meetings held on March 27 and 28, 1972. Chairman Kenney read an invitation from Governor Sargent to attend a conference on Housing and Environment on April 18, 1972 at Framingham State College. No member of the Board was able to attend. 1 315 Chairman Kenney requested the Board to set the hours for liquor stores, motels, clubs and, restaurants on Patriots' Day, April 17, 1972 Upon motion duly made and seconded, it was voted that Package Liquor Goods Stores are to remain closed on April 17, 1972. April 17 Mr. Buse abstained. Upon motion duly made and seconded, it, was voted that motels, clubs and restaurants may serve during the usual hours. Mr. O'Connell reported to the Board that he had talked with Mrs. McGavern and as far as she knew the Vietnam Veterans Against the War are not planning to participate in the Patriots' Day parade. She didn't know whether they were planning to come to Lexington at all , but if they did they would only come as spectators. He had talked VVAW with the VVAW office and the same thing was indicated. Chairman Kenney informed the Board that he and Mr. O'Connell had discussed the permission granted to the National Guard to use April 17 the Barnes property on April I/ and we thought it might be best not National to have as much equipment on display The Manager and I will go Guard over it with them. Upon motion duly made and seconded, it was voted to adjourn at 7 55 p.m. A true record, Attest C)J1' )h xecutive Clerk, Selectmen I