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