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HomeMy WebLinkAbout1972-03-27-BOS-min 291 SELECTMEN'S MEETING March 27, 1972 A regular meeting of the Board of Selectmen was held in the Select- men' s Meeting Room on Monday evening, March 27, 1972, at 7 00 p.m. Chairman Kenney, Messrs. Bailey, Busa and Brown, Mrs. Riffin, Mr. Legro, Town Counsel ; Mr. O'Connell , Town Manager; Mrs. McCurdy, Executive Clerk, were present. At the request of the Town Clerk, five ,jurors were drawn as follows Melvin M. Kornbliet 23 Locke Lane Fredric B. Fletcher 74 Burlington Street Jurors James G. Burns I Coach Road John E. Kinney 518 Lowell Street Clinton P. Weldon II Preston Road Hearing was declared open on the application of Lexington Enter- prises, Inc. for a transfer of the Common Victualler License to sell all alcoholic beverages now presently issued to Anthony and Rose Bevilaqua for Anthony's Restaurant at 27 Waltham Street. Chairman Kenney said that the legal hearing has been advertised in the March 16, 1972 issue of the Lexington Minute-man. Certifica- tion has been received that the abutters have been duly notified of the hearing by registered mail. Attorney Norman May and Mr. and Mrs. Anthony Bevilaqua were present. Atty. May Mr. and Mrs. Bevilaqua operate Anthony's Restaurant Lexington on Waltham Street; they have been in this area about 17 years and Enter- have a good reputation. The motive of the seller is not very often prises, a part of the items to be considered but I might mention the only Inc. reason for the sale relates to matters of health. This was put on the market about six months ago and buyers are not readily found. A substantial and serious buyer is here this evening. I suppose it is of great interest to you how substantial the buyers are in rela- tion to episodes in East Lexington relating to another restaurant. The purchase price is $250,000 and most of the money is by a bank mortgage from a local bank and the buyers are supplying $75,000 of the purchase price from their own funds; 'they plan to spend $25,000 to $50,000 in remodeling. We are dealing with responsible people with experience. 1 hope you wilt favorably consider this applica- tion. Atty. May Introduced Mr. D. Nicholson, who said he was present as the representative of the bank. We are financing this trans- action by a $170,000 loan taking a bank mortgage of real estate and I 292 personal property. In addition, it will be necessary to pledge this stock to run the business as part of the transaction. As I under- stand it when the stock is pledged, you need permission of the authorities. In going over the business and credit reference of these people, we find it to be good and we are prepared to grant it provided we have the pledge of the stock. In addition, the loan is a minimum risk because Lexington needs a restaurant. We reserve the right if anything goes amiss to go in with permission of the Board to operate it ourselves, providing it is granted. Attorney C. Michael Sheridan said he was Clerk of the Corporation which is requesting the transfer. One point Mr. Nicholson didn't mention, in addition to a pledge of the stock I believe the bank is also interested in obtaining assignment of the liquor license. We would include permission. We are Lexington Enterprises, Inc. and I would like to introduce Mrs. Marguerite Brasco, Manager, formerly with Joyce Chen and the Commonwealth Fenway in a management capacity; Chester C.K. Chi , a Lexington resident, who is with Temple Gardens, New York, and should this arrangement be consummated, he will be there full time; Ronald Chi , Robert Molvar; Chi Ching Yee, currently one of the owners of the Shanghai Restaurant at 21 Hudson Street; Pao Chen Wong, who is in a restaurant in Boston. They are the principals in the Corporation who plan to operate the Peking Restau- rant. We would be perfectly happy with the hours of operation that presently exist pertaining to Anthony's. Chairman Kenney What do you mean by assignment of license? Atty. Sheridan In essence, it presents them from selling, to anyone else. That is additional security for the bank. Mr. Nicholson Just a pledge of the stock. that in effect carries with it the assignment of the license. Chairman Kenney The hearing was to transfer it to Lexington Enterprises, Inc. Mr. Legro was asked if this presented complica- tions? Mr. Legro I would suggest you take it under advisement. No one appeared in favor or in opposition. A letter from George H. Matheson, Jr., President of Manhattan Builders, Inc. and an abutter, was read by Chairman Kenney in favor of the transfer. A letter from Police Chief Corr states that investigation re- veals that all of the named individuals of the Corporation are of good standing in their communities and are without criminal records. Mr. Bailey asked about the current hours. Atty. Sheridan II 00 a.m. to 8 30 p.m.; the license is for II 00 a.m. to II 00 p.m. Chairman Kenney You are applying for the current hours? Atty. Sheridan Yes. Chairman Kenney 1 further understand the place of the bar will not be relocted? Atty. Sheridan It will not be relocated. Chairman Kenney declared the hearing closed, The Board will take the matter under advisement. 111 293 Mr. Legro requested the Board to sign the order of "taking of the Ballou land on Concord Avenue, with an award of damages to Margaret Ballou in the sum of $36,068, in accordance with the option granted for Mrs. Ballou. There is a requirement of the statute that the Con- servation Commission request the taking in writing; I mentioned it Ballou three weeks ago and it hasn't been done. Land Chairman Kenney The Chairman of the Conservation Commission shall be informed to get it to you in the morning. Upon motion duly' made and seconded, it was voted to sign the order of taking of the land on Concord Avenue owned by Margaret Ballon, with an award of damages in the amount of $36,068. Mr. Legro requested the Board to sign the order of taking of the Titelbaum land on Concord Avenue, with an award of damages to LeRoy M. Titelbaum in the sum of $63,000, in accordance with the option held by the Town. Despite my efforts to the contrary, the plan has not been received from the Conservation Commission and 1 Titelbaum would ask the Board to sign the order with the reservation that 1 Taking have not reviewed the plan. Upon motion duly made and seconded, it was vo4ed to sign the order of taking of the land on Concord Avenue owned by LeRoy M. Titelbaum, with an award of damages in the amount of $63,000, sub- ject to review of the plan by Town Counsel . Mr. O'Connell discussed the application from the Lions Club for a permit to conduct the July 4 carnival . The Lions Club agreed to most of the considerations and we asked to have drawn up some more detailed requirements. The carnival is to be limited to three days rather than four; Saturday, July I , from 12 00 N. to lI 00 p.m.; Monday, July 3, 6 00 p.m. to 12 00 M; Tuesday, July 4, 10.00 a.m. to 12 00 M. It will be closed on Sunday. The carnival operator would not be allowed to bring the equipment on the site Carnival before 9.00 a.m. on the day before and it will be cleared out by July 4 July 5. The fireworks on the evening of July 3 w©u i'dInot be later than 9.30 p.m. and on Jvl',4 not later than 10 00 p.m. A layout of all rides, etc. would be furnished for review by the Department of Public Works and the Police; also, entrances and accesses, water supplies and electric power; these arrangements would also have to be satisfactory to the Board of Health. Sponsors would be required for collection of garbage and rubbish and they would have to submit their plans to the Board of Health. A night watchman 'would be fur- nished at no cost to the Town and he would be there through the night of July 4; he would control access to public toilets which was a problem last year. No tent camping, and quiet is required after midnight. No illegal gambling in or near the carnival is permitted. The price for all rides and games would be filed with and approved by the Lions Club in advance, and the length of time of all rides. There will be some arrangements for handling protests and complaints that would be received. I recommend and urge the right to revoke the permit if the safety of the public should be endangered. 294 Chairman Kenney Generally speaking, do I understand you re111 - viewed this and the Lions Club concur? Mr. O'Connell We submitted all these reservations to them and I have a letter agreeing to them. Upon motion duly made and seconded, it was voted to approve the application of the Lions Club for a permit to conduct the carni- val on July 4 at the Center Playground for July I;, July 3 and July 4, 1972 subject to the conditions outlined by the Town Manager. Mr. William Hays met with the Board to discuss an application for permission to have the Attic group set up a refreshment booth on the former Harrington property on Patriots' Day. Mr. Hays The Attic is a youth organization in Lexington re- ferred to in the PREP Report; the young people the Attic reaches are those who do not join activities at places such as Hayden Recrea- tion Center; they are drifters and do not have things they aspire to. The Attic provides a place other than the streets of the Town, and in responsible, supervised surroundings. This year, we have adults from the community on weekend e?renings. Fundamentally, the largest change is the addition of Counselors, paid by the Attic, to be present during all hours of operation, and two of these find it possi- ble to relate to the needs and the problems of needs; ,they provide unobtrusive supervision. None of this comes free and inexpensive and we have been paying $150 a week for Theological students to come in; two churches have underwritten this ,portion of it and it comes to about $5300 or $5400 for nine months. It does not leave any addi- tional income for anything in the Fall to replace the Director, Attic Rev. Hail, who is leaving and must be replaced. We ask that we Group be permitted to operate a stand on the Harrington lot from 10:00 a.m. to 4:00 p.m. on April 17. The Board agreed to take the matter under advisement. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, deliberating or Executive voting on matters which, if made public, might adversely affect Session the public security, the financial interest of the Town or the reputation of a 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 recess at 7:54 p.m. and to continue the meeting tomorrow morning, Tuesday, March 28, at 8 30 a.m. A true record, Attest ,103 Exe utive Clerk, Selectmen 1