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HomeMy WebLinkAbout1969-07-14-BOS-min eitj SELECTMEN'S MEETING July 14, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, July 14, 1969 at 7:30 P.M. Chairman Cataldo, Messrs. Mabee, Kenney, Greeley and Bailey were present, Mr. Legro, Town Counsel; =Mr. Gray, Executive Assistant, Mr. Burke, Superintendent of Public Works; Mr. McSweeney, Town Enginker, and Mrs, McCurdy, Executive Clerk, were also present. Hearing was declared open upon application of the Lexing- ton Golf Club, Inc, , ,for a Club Liquor License. Mr. Cosmo DeBonis, Manager of the Lexington Golf Club, was present at the hearing and informed the Board that he was a member of the Board of Governors, Chairman of the House Committee and, as Manager, had made application for the Club License. He introduced to the Board, Robert Viano, President; Richard Harding, Secretary; B.M. Forbes, Robert Connelly and Fred Hastings, Members of the Board of Governors. The Lexington Golf Club is a 9-hole golf club with 185 regular members; family members limited to 50, and we have 11 Associated members; many clubs have social memberships, we don't. We have a very small membership because it is a 9-hole golf club, It is in the strictest sense of the word, a private Lexington club and we have very few guests, perhaps 5 to 10 play a week, Golf Club within its own club membership. The club is made up of 70% or 80% of residents and taxpayers of Lexington, middle aged, pro- fessional or businessmen, responsible and substantial people. Be assured that if the license is granted, the privilege would not be abused because the beneficiaries of the license are home owners and paying taxes. It is the best assurance that the Board could have that it would not be abused. There would be no troubles and problems associated with a liquor license. We want it to help support our kitchen, to help support a restaurant. For the past several years we have had a difficult time keeping someone to take care of the kitchen and serve as we don't have enough business. If we could have this license, the fact that he could serve re- freshments together with food, would be a great convenience to the club and help support the kitchen, The last years we have kept someone there through the business of a subsidiary. We real- ise we cannot abuse the privilege and would regard it quite seriously. The Chairman said that we haven't heard the most important part, the hours, control and location of the bars. We have looked at the layout of the building and nothing is shown where liquor is going to be served. 1 3()t) Mr, DeBonis said that we will have very little liquor there and don't expect any tremendous sale; it will be stored in the kitchen. �. +: The/Chairman asked Where it would be served. Mr. DeBonis said that the kitchen has a counter and the counter has what will be a bar; we will serve nips as we don't want to have bottles displayed; it will be a neat, quick arrangement. The Chairman asked if it will be served on two floors? Mr, DeBonis said that it will be in the lounge, under control of the house committee. The Chairman asked who will have control of the actual liquor? Mr, DeBonis said that we will have a man who will not be a bartender but will serve; he will have small cases_ of nips, glasses and set-ups and there is an ice machine. When we come to the bar, we will ask for what we want and he will put a nip in the glass. The Chairman said that this man will be the same man hired by you? Mr. DeBonis said that he would be; it would not be someone different every day. The hours we ask for are a lot less than what we would like to request. We might have a Scotchie once a month from 10:A.M. to 5:30 or 6:00 P.M. Occasionally, we will have one until 9130 or 10:00 P.M. We are requesting the hours of 12:00 N. to 12 00 M, seven day; a week. The Chairman asked if the club was operating a liquearbusi- ness now? Mr, DeBonis said that we have our own liquor; we have been permitting the members to bring their own liquor. Mr. Kenney said that any time the bar is open, the man will be there? Mr. BeBonis replied in the affirmative. Mr, Kenney asked if there would be an increase in membership? Mr. DeBonia replied in the negative. Mr. Mabee asked if the members will stop bringing in a bottle if the license is issued? Mr, DeBonis said that we discussed this and decided it shouldn't be put down as a hard and fast rule to tell the members that they have to buy a nip; as of the moment, if the license goes through, we would allow the members to have their own bottle; it is hard to change too fast, Mr, Mabee asked if there would be regular hours for meals? Mr. DeBonis replied that we call it a kitchen but we do not serve meals; we have sandwiches and, on Saturday morning, they can get eggs. When we have a Scotchie, then this man caters a regular meal, a buffet generally. Speaking 80% of the time, coffee and doughnuts are available. Mr. Bailey asked if they would rent to other groups? Mr. DeBonis said that they would not; it will always be just the members of the club, with some guests, We anticipate a guest tournament, other than that, it is strictly limited. This club is owned by the members and is not a corporation leasing to a group of players, a :3 7 The Chairman said that we have not granted a license to this point with this flexibility. If the Board didn't see fit to grant these hours, what hours would you want? Mr. DeBonis said that mostly, from 12:00 N or 1:00 P.M. to 6:00 P.M. will satisfy us 80 percent ;of the time. We could have a Scotchie on Tuesday, Wednesday or Thursday. The Chairman asked if these+would be weekly? Mr. DeBonis replied that they could be every other week. The Chairman asked, what if we considered something less than 12:00 N,? Mr. DeBonis suggested 12 00 N to 10:00 P.M. on Monday through Friday; 12:00 N to 12:00 M. on Saturday and Sunday. This is only to cover us when we have these functions. Mr. Greeley asked if they were more likely to have a late one on Sunday than Friday. Mr, DeBonis replied that they would; a Scotchie or a tourna- ment would be until 8 30 P.M. and after the people have a buffet, it is 10:00 or 11:00 o'clock. Mr, Mabee asked if they would be able to buy food at the re- quested hours? Mr. DeBonis said that food will be on sale, except the catered meal, then after dinner, there would be drinking by the guests. Food will be available. The Chairman asked about the storage of liquor and if there would be one area that would be locked? Mr. DeBonis said that it would be made secure and locked, The amount of business is so small, there wouldn't be a great supply. The Chairman said that this has to be a condition of your li- cense. He asked if there were any questions from the audience? Mrs.Paul Hanson, 70 Hill Street, asked if once the license is granted, can it be withdrawn? The Chairman replied that it can be withdrawn; any restric- tions can be put on and it can be policed; any violation of the license and it will be withdrawn. Mrs. Hanson said that she was concerned with the flexibility and guests being able to come in. She asked how much actual policing can be carried on by a private club? The Chairman said that we police it to the fullest extent. As a matter of fact, we go to extremes. We have the right to go in at any time. A current list of all members is available to the Board at all times and others cannot be added to the list before coming to us. There is no serving to minors. The license is subject to sus- pension and these regulations will ill become part of the license. Mrs. Hanson said that, generally, liquor is sold only in package stores. Having granted this, won't there be others who want it? The Chairman said that the Town accepted the By-Law for clubs incorporated under Chapter 180; we have three in Town now and we police them very tightly - we have also denied one. We haven't heard of any problems and we feel strongly that we intend to police ,it. 36S Mrs. Sherman Starr asked who the other clubs in Town were? The Chairman replied that a license has been issued to Sons of Italy, Knights of Columbus and the Elks Lodge; license was de- nied to the V.F.W. The Chairman declared that part of the hearing closed. He asked if anyone present was in favor of the application? Mr. DeBonis said that he would like to present a petition, signed by fifty-two Lexington residents, in favor of the applica- tienlfor a club liquor license. The Chairman accepted the petition and read a letter from Russell Armstrong and Reed Kingston Taylor, who were recorded in favor of the application for a club liquor license. The Chairman asked if anyone wished to be recorded in opposition? Mrs. Sherman Starr, 62 Hill Street, asked to be recorded in opposition. She had written to the Board, objecting to the parking on Hill Street by persona using the golf club. She said that there is a sharp bend in the road from S8 to 72 Hill Street and cars are parked because the club deed not have sufficient parking for members; there are twenty-five to thirty cars parked on Hill Street at that point where it narrows and it represents a hazard. There have been two accidents there; one involved a child and one was at the foot of her driveway. An increase in drinking represents a hazard. She said that the Chairman had mentioned something about a restricted license; it would be nice for the nighttime but the daytime is when the traffic is mere serious. Her second ground for objection is that this is a highly residen- tial area, obviously different from the Elks Club, which is a modern building set back from the road with sufficient parking. This club is a very small club and if anyone takes a drink out theycare almost drinking on the street, It was said that mem- bers are responsible, but as a neighbor they have not been responsible for the pickup of cans and bottles on the club property, and I am concerned about anything extra going in there. If the license is granted, would not the club need a permit from the Board of Appeals; it is a permitted use in that zone and I don't think they could unless they go to the Board of Appeals. It would seem to me that if there is increased alcoholic drink- ing at the club, they should increase the parking. The Chairman asked if the club increased the parking capacity and there was no parking on Hill Street, would this change her position? Mrs. Starr said that it would, to keep the cars off the street; when she had company, there is no place for them to park; she is much more concerned about traffic than anything else. The Chairman told Mr, DeBonis that the Board has received copies of letters lent to the club by Herman May regarding condi- tions of litter and piles of material there. He asked if the club has done anything specific about these? Mr. DeBonis said that when the first letter had come in, he had called Mr, May and asked what were the promises made by the Club to the Board of Appeals. Mr. May wrote me but, unfortunately, I just got the, letter an hour ago. Some of the commitments have been taken tare of but the greenskeeper does keep, on the parking lot close to he barn, soil and material for top dressing as he is trying to bri these greens back to a good condition, after the worst winter have had. He tries to keep it as near the barn as possible as have found that, in other years, it was being taken. We would be ppy to talk to the -greenskeeper and put this loam somewhere els . Mr. May talks about a screen; we will get together with the gree skeeper and the Board of Governors and put in some shrubs to ma it attractive. We should be permitted to say that some of our n ighbors use our aide to dump leaves; in our defense, this should be noted. There is a wide ares between the stone wall and the paved part of the road; it is not ours, but has been used by the abutting neighbors. The Chairman asked about parking. Mr. DeBonis said that they do not have a solution. The Chairman said, aside from the license, we must go up there anyway. We all agree that parking is a problem. Mr. DeBonis said that for the most part, cars are in the lot but Saturdays and Sundays, parking -is very close to Hill Street. We have beau trying to do what is proper but we can't enlarge the lot as there is no place to enlarge it. It is very hazardous at Mrs. Starr's driveway. Mrs, Starr agreed and said that because the road narrows, it is very hazardous. When her children started going to school, they put in a special bus stop. Mr. DeBonis said that the real problem comes by her house as it is doeuhill and there is no room off the road. If we ar- ranged no parking near her house The Chairman said that it might be a big help in solving the probleml. We will turn it over to the Traffic Committee. Be asked if the Club is applying for a 12-mouth license? Mr. DeBonis said, yes; we would like to have it princi- pally within the golf season but they would like to have something around New Year's Day, The Chairman declared the hearing, closed. The Board will take the application under advisement. Mr, DeBonis and members retired from the meeting. Later on in the meeting, the Beard discussed the applica- tion. Mr. Mabee asked Mr, Legro if, because of additional permit- ted use, if', because the Board grants a liquor license, would the Club have to go before the Board of Appeals? Mr. Legre replied, no. He said that, frequently situations where two or more Boards in Town have to give separate permits, 3 ' 0 even if it is something that has to go before the Beard of Appeals we can grant. It is clearly decided that the permit granted by one had no effect on the need fqr, or action of another Board, Mr, Kenney suggested tabling the application. He would like a clear cut request for hours; he would like their Bard of Directors to give a plan, in writing, on how they would clean up; he would like their Board of Directors to meet with the Traffic Committee regarding parking and, if it were possible, to have no parking on 150' of the curve; he would like that straightened out. Mr, Greeley asked why Mr. May had written his letters? The Chairman said that the neighbors had salted him to. Mr, Bailey said that he would feel better if they had been running a tight ship - and they aren't. The Chairman said that we will meet with Mr. DeBonis and Mr, Viano, get these things straightened away and come back to the next meeting of the Board to consider granting the license, or not. Upon motion duly made and seconded, it was voted to take the application of the Lexington Golf Club under advisement, Mr. William Mason met with the Board, The Chairman said that, as a retired employee with thirty- Retired three years of service to the Town, the Board of Selectmen would employee like to present you with a gift certificate in appreciation for your contribution to the Town and for a job well done, Mr. Mason thanked the Board and retired from the meeting, Mr. legro informed the Beard that the option for the Douglass Douglass property would be ready by next Monday ,evening, Option Upon motion duly made and seconded, it was voted to exercise the option on the Douglass property. Mr, Gray informed the Board that he had discussed the code enforcement on the Workable Program with the Building In- Workable Spector, the Health Officer and Mr. Zaleski, Mr. Zaleski had Program written to HUD for a special typo of program but he has not heard from them. The Chairman said that we should look into this program in depth, especially after the Referendum, and see where we should go. Mr. Greeley said that he would like to hear from HUD. Mr, Gray reported that he had talked with the Lexington Parking Cab Company about parking their cabs in Town Office Building Park- ing area and the situation should be resolved in about two weeks, Mr. Gray said that the Fire Department requests $125 for two tires for the ambulance; there is only $133 left in the Am- Transfer bulance Maintenance Account, Upon motion duly made and seconded, it was voted to re- quest the Appropriation Committee to transfer from the Reserve Fund the amount of $125 for two tires for the ambulance. Mr, Gray reported that he had discussed the request of the American Legion to hold a Country Fair over Labor Day weekend with Chief Corr and there is no problem. Upon motion duly made and seconded, it was voted to grant permission to the American Legion to hold a Country Fair over Labor Permit Day weekend, August 29 through September 1, 1969, Mr, Kenney asked if there were any problems over July 4th weekend? Mr,, Gray said that there were considerable problems .during the 4th of July carnival, according to Chief Corr. We have had one meeting with the Lions Club to discuss this and we will meet with them again. Mr, Gray informed the Board that an offer has been received for lots 124 and 125 located north of 19 Hayward Avenue, in the amount of $1,000, $500 for each lot. Tax 'title The Chairman instructed Mr. Gray to have a plan made and to be submitted to the Board at the next meeting. Mr, McSweeney said that bids had been taken today for street construction on-Hillcrest Avenue, 'faille Avenue, Ewell Avenue, Grass- land Street and Philip Road. Engineering estimated $235,000 and only one bid was received, from George Brox for $237,735, just for the construction bid. The Chairman asked if he had gone over the bids. Mr, McSweeney said that his main concern was to get in touch with the eight companies that had taken out and didn't come back with a bid. Ha had gone over this bid and there is no reason for doubling the items; some should have been $50 and Brox charged $100; the stone wall should have been $40,000 and Brox had $98,000. We will review this bid; we give them three weeks to review the bids; Street Bids normally, we give two weeks. The Chairman asked if Mr. McSweeney was recommending re- jection of the bid. Mrd, McSweeney said that it must be rejected. The Chairman asked if there were any other streets that came in within the estimate? Mrd. McSweeney said that they didn't break them down. The Chairman asked where the walls are? Mr. McSweeney said that the largest percentage were on Hillcrest Avenue. Mr, Greeley asked if Brox bid it street by street? Mr, McSweeney answered in the negative. The Chairman asked if there were any alternatives? Mr, McSweeney said that there were not; :ws reviewed this and were well within the bids that came out within the last month or two. Upon motion duly made and seconded, it was voted to reject the bid submitted by George Brox. Mr, McSweeney said that he will coma back to the Board at the next meeting with a solution. rd Mr. McSweeney informed the Board that bids had been taken 111on the trunk sewer for Cedar Street, etc. $130,000 was appropri- Sewer ated and Engineering had estimated $115,000. There were ten Bids bidders and the lowest bid was $79,495.62, by Brentwood. Construc- tion. After certification, Mr. McSweeney will request the Board to award the bid. Mr. Gray said that he would like to discuss sewer better- ments. Me gave the Beard copies of charges. He said that all fees are not set by statute, not like places set by general law. Sewer This is because of petitions we are getting. We have been:.holding Betterments up on it because there may be a change in betterments set up by Act. If the Board did consider changing, it was doubtful that we could get it for this year. The Chairman said that we asked you to come back with a formula; it might be that the recommendation might be to leave it alone. Get a recommendation oz what you think it should be on; submit it to Town Counsel and he will tell us what we can do. The Chairman read a letter from Mrs. Camirand, 4 Winship Road, who is applying for a sewer connection, Mr. McSweeney re- Camirand ports that she is the only one in the area left to be severed. Sewer It was agreed to write to Mrs. Camirand saying that her request will be considered when the sewer coasts for 1969 have been determined, as we have not receiVed all of the bids for 1969 sewer construction. The Chairman read a letter from Chief Corr, reipsesting the appointment of Cadets Stephen Doherty and Thomas Moran as Special Special Police Officers. Police Upon motion duly made and seconded, it was voted to appoint Stephen Doherty and Thomas Moran as Special Police Offi- cers, for terms expiring March 31, 1970; Harrington The Chairman read a letter from Attorney Anna M. Greeley, Bequest informing the_Board that Katherine Harrington has bequethed $1500 $ 1500 to the Town for a seedling Town forest, with the stipulation that Seedling it be cared for by the Junior and Senior High School Students. Town Forest It was agreed to write Attorney Greeley and think her for informing the Board of the bequest and request clarification of the conditions of the bequest of $1500 for the seedling forest. The Chairman read a letter informingrthe Toen that Muscu- Muscular lar Dystrophy day is to be October 19, 1969. Dystrophy The Board agreed that a letter is to be written stating that there is no objection to collecting for Muscular Dystrophy on October 19, 1969, Permit The Chairman read a letter from a resident of Third Street requesting permission for a clambake to be held on July 19. 37;-i The Board had no objection and permission was granted, sub- ject to a curfew of 11:00 P.M. Upon motion duly made and seconded, it was voted to author- ize the Chairman to sign Liquor Identification Cards for the following: I.D. Cards Maureen Trani 11 Slocum Road Judith A. Desmond 5 Revolutionary Road Upon motion duly made and seconded, it was voted to approve Minutes the Selectmen's Meetings held on May 12 and June 30, 1969. The Chairman informed the Board that a request has been re- ceived from Anthony Buss, 11 Albemarle Avenue, to purchase tax title lot 37 Rockville Avenue to combine with lot 38, owned by Mr. Buss. Rockville This request was submitted to the Planning Board and a letter has Avenue been received from them stating that the Planning Board has no objec- Tax Title tion to the sale, subject to the requirement for combining two undersize lots into one. The Chairman said that no one else could use this lot but it will be advertised for bid. It was agreed to advertise for bids on tax title lot 37 Rockville Avenue. U The Chairman read a letter from John D. Chiesa, 44 Adams Street, requesting a deferment of his sidewalk betterment assessment because of firm land. The total assessment is for $349 and Mr. Chiesa requests $ deferment of 211 feet. Chieas Upon motion duly made and seconded, it was voted to defer pay- Deferment ment of $211 for sidewalk betterment assessment on the property owned by John D. Chiesa, 44 Adams Street. Mr. Mabee reported to the Board that the quarters of the Drug Drug Counsellor, located at the Visiting Nurse Association, were completed. Quarters Mr. Cataldo submitted his resignation to the Board as a mem- ber of the 'down Office Building Committee. Upon motion duly made and seconded, it was voted to accept Resignation the resignation of Robert Cataldo as a member of the Town Office Building Committee. Upon motion duly made and seconded, it was voted to appoint Appointment Allan F. Kenney a member of the Town Office Building Committee. Upon motion duly made and seconded, it was voted to accept the resignation of Allan F. Kenney as a member of the Diets Fremont- Resignation sing Committee. Upon motion duly made and seconded, it was voted to appoint Appointment Fred C. Bailey a member of the Data Processing Committee. Mr, Kenney said that a letter Of intent to negotiate a contract for final plans and specifications for the Town Office Building and the Police Building should be seat to Mr. Dean of Perry, Dean and Stewart, Upon motion duly made and seconded, it was voted to send a letter of intent to negotiate a contract with Perry, Town Office Dean and Stewart for final plans and specifications for the Contract Town Office Building and Police Building. Mr, Kenney said that, on the contract itself, Mr. Dean was amenable to the idea of i flat fee; he wants two percent, in addition, for supervision. He hates to bid on the re-design if the budget is not met. The Chairman said that we read a clause from a previous contract stating he has to re-design if the budget is not met, and asked him to accept this same condition; we are accepting his numbers and I think he will accept it. Mr. Gray said that if the Board is agreeable, we can sit down and talk with Mr, Dean. It was agreed to talk with Mr, Dean. The Chairman informed the Board- that he had talked with Mr. Noyes regarding the appointments to the Personnel Committee. They have talked with F, Lawrence Doherty, Alfred- Buss, Nancy Personnel Hudson and Sidney Williams regarding the appointments and talked Board of the responsibility of the charge. Joseph Campbell was con- sidered but he has just started his own business and declined. Upoh motion duly made and seconded, it was voted to ap- point Donald Noyes as Chairman of the Personnel Board; F, Law- rence Doherty, Alfred S, Buss, Nancy Hudson and Sidney Williams as members of the Personnel Board for a term expiring April 1, 1970. The Chairman said that he has received a call from Mr. Jaquith regarding his concern with the property on Mass. Avenue owned by Edgar J. Thivierge. We discussed this three or four Thivierge years ago for the protection of that area, Re asked ifthis is Property business zoned 6-2? Mr, Legre said that this C-2 zone includes both sides of Wallis Court. The. Chairman asked if the Board would like to pursue this? Mr. Mabee asked, to keep it residential in appearance or re-zone to residential? He has no objection to re-Boning. If it is going to stay like it is, they should tear it down and put a business up, or re-sone it and keep it as it is. Mr, Greeley said that ha would refer it to the Planning Board and ask if they think it should be re-stoned, It was agreed to refer the matter to the Planning Board. Transfer The Chairman said that we have started our program on the Town Manager and would like to ask the Board to request a (, r a transfer of $500 for this program. We have no specific, com- plete copies ;of the charter as it was put through the Legisla- ture and received a quote of $110 to have 200 copies printed. We have spent money for advertising and other expenses. Upon motion duly made and seconded, it was voted to request the Appropriation Committee for a transfer from the Reserve Fund to the Selectmen's Expenses Account 1050,. in the amount of $500. Upon motion duly made and seconded, it was voted to go into Executive Session for the•purpose of discussing, deliberating or voting on matters which, if made public, might adversely affect Executive the public security, the financial interests of the Town or the Session 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 adjourn at 9:35 P.M. A true record, Attest: Executive Clerk, Selectmen