Loading...
HomeMy WebLinkAbout1969-02-19-BOS-min 191 111 SELECTMEN' S MEETING February 19, 1969 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Wednesday evening, February 19 , 1969 at 7 30 P M Chairman Cataldo, Messrs Cole, Mabee, Kenney and Greeley were present Mr Gray, Executive Assistant, Mr Burke, Superintendent of Public Works, and Mrs McCu .dy, Executive/Clerk, were also present / Mr Gray informed the Board that a letter has been Retirement received from Mr Perry, regarding a request from the Board Retirement Board asking that the Board of Selectmen approve acceptance of Chapter 174 of the 1968 Acts and Resolves Lexington has not accepted the veterans sections 56-59 of Chapter 32 Legislation enacted in 1968 forces us to pay our proportion of retirement of any person who worked for a time in Lexington and may retire from another city or town, regardless of the fact as to whether or not we have accepted the veterans sections of Chapter 32; we have a financial responsibility even though we havn't accepted it The Chairman said that, generally, they would have to go to Town Meeting for acceptance but, because the bill was passed last year, we have to accept this Upon motion duly made and seconded, it was voted to accept Chapter 174 of the 1968 Acts and Resolves and to accept sections 56 to 59 of Chapter 32 of the General Laws Mr Gray said that a request has been received from Cary Hall Bache, Inc , Investment Brokers, to rent Estabrook Hall Bache for a series of four lectures The rules and regulations require a $50 00 fee, per evening, for the rental of the hall to people outside the Town The lectures are to be for Lexington residents only and the request has been made that Bache, Inc be charged the fee of $10 00 , which is the fee for Lexington residents Mr Gray said that these people want to sell a service and he recommended that $50 00 be charged Upon motion duly made and seconded, it was voted to inform Bache, Inc that the fee is $50 00, if they desire to rent Estabrook Hall Mr Gray said that a letter has been received from Tax Title Mr John Ryan, 44 Eastern Avenue requesting the purchase of tax title lots 84, 85 and 86 Grandview Avenue In 1967, we also received a request to buy these lots, and the Planning Board recommended against the sale After we received Mr Ryan 's letter, we referred the request to the Planning Board and, again, they recommended against the sale Mr Esserian was in to see me today and will SELECTMEN'S MEETING February 19, 19b9 A regular Meeting of the Boar of Selectmen was held in the Selectmen's Room, Town Offiee Building, on Wednesday evening, February 19, 1969 at 7:30 P.M. Chairman Cataldo, Messrs. Cole, Mabee, Kenney and Gr eley were present. Mr. Gray, Executive Assistant, Mr. Burse, Superintendent of Public Works, and Mrs. McCurdy, Executive Clerc,;were also present. Mr. Gray informed the Board that a letter has been received from Mr. Perry, regarding a request from the Retirement Board asking that the B and of Selectmen approve acceptance of Chapter 174 of the 1968 Acts and Resolves. Lexington has not accepted the veterans sections 56-59 of Retirement Chapter 32. Legislation enacted in 1968 forces us to pay Board our proportion of retirement of any person who worked for a time in Lexington and may retire from another city or town, regardless of the fact as to whether or not we have accepted the veterans sections of Chapter 32; we have a financial easponsibil1ty :even thougai webevn't accepted it. The Chairman said that, generally, they would have tin II go to Town Meeting for acdeptance but, because the bill was passed last year, we have to accept this. Upon motion duly made and seconded, it was voted to accept Chapter 1714. of the 1968 Acts and Resolves. Mr. Gray said that a request tas been received from Bache, Inc., Investment Brokers, to rent Estabrook Hall for a series of four lectures. Thel rules and regulations Cary Hall require a $50.00 fee, per evening, for the rental of the Bache hall to people outside the Town. The lectures are to be for Lexington residents only and the request has been made that Bache, Inc. be charged the fee of $10. 00, which is the fee for Lexington residents. Mr. Gray said that these people want to sell a service and he recommended that $50.00 be charged. Upon motion duly made and seconded, it was voted to inform Bache, Inc. that the fee is $50.00, if they desire to rent Estabrook Hall. Mr. Gray said that a letter hays been received from Mr. John Ryan, 44 Eastern Avenue requesting the purchase of tax title lots 8L4., 85 and 86 Grandview Avenue. In 1967, Tax Title we also received a request to buy these lots, and the Planning Board recommended against the sale. After we received Mr. Ryan's letter, we refelrred the request to II the Planning Board and, again, they; recommended against the sale. Mr. Esserian was in to See me today and will soon be submitting a plan to the Planning Board for a sub- division in that area. Mr. Gray recommended that he write Mr. Ryan and explain the situation to him and we will let him know if there is any change in our position, depending on the decision regarding Mr. Esserian's proposed subdivision. The Board agreed and Mr. Gray is to write to Mr. Ryan. The Chairman informed the Board that a revised plan of the Workable Program has been submitted. The Board Workable has discussed these changes and Town Counsel has looked at Program them and agreed with the changes. Upon motion duly made and seconded, it was voted to approve the Workable Program, as submitted by the Planning Board. The Chairman said that a request has been received from Mohammed Mizani of Washington for an Auctioneer's Auction- License. Mr. Mizani would like to conduct a rug auction eer's on February 28. The recommendation is to grant a license License to expire on March 3, 1969. Upon motion duly made and seconded, it was voted to sign Auctioneer's license for Mohammed Mizani, 2909 M Street N.W. , Washington, D. C. The Chairman informed the Board that a request has been received to abate a sewer bill for Mr. and Mrs. Frank Abatement Hodgdon, 70 Reed Street, in the amount of $63.49. Mr. Hodgdon has paid $200.00 and requests abatement, as his only source of income is Social Security. Upon motion duly made and seconded, it was voted to abate the sewer service connection bill rendered to Mr. and Mrs. Frank Hodgdon, 70 Reed Street, in the amount of 'aitAmestingtofothe Age o be prepared and signed at Upon motion duly made and seconded, it was voted to authorize the Chairman to sign the Certificate of Incorp- Cert. of oration for Eliahu Romanoff, 18 Wheeler Road, "Regional Incorp. Science Research Center, Inc." Upon motion duly made and seceaded, it was voted to' approve the Minutes of the Selectmen's Meetings held on Minutes January 20, January 27 and February 10, 1969. Upon motion duly made and seconded, it was voted to Bonds approve bonds in the amount of $2500.00, each, for Deputy Collectors Paul E. Kelley and Frederic Kelley, Jr. The Chairman read a letter from the Cary Memorial Library Trustees, requesting the Board to approve a new and larger dry well in the back parking lot at the library. 1 The letter states that the library will assume the costs II of supplies, in the neighborhood of $500.00, and the Public Library Works Department could dig the dry well. Dry Well Upon motion duly made and seconded, it was voted to approve the request of the Cary Memorial Library Trustees for a new and larger dry well to be dug in the back park- ing lot of the Library, subject to the stipulation that the Library assume the cost of supplies, in the neighbor- hood of $500.00. The Chairman informed the Board that the term of Philip B. Parsons as a member of the Historic Districts Commission has expired and Mr. Parsons is willing to serve for another five year term. Appoint- Upon motion duly made and seconded, it was voted to ment appoint Philip B. Parsons a member of the Historic Districts Commission for a five year term expiring January 1, 1974. The Chairman read a letter of resignation from Bernard J. Belcastro, Director of Veterans' Services, Veterans' Agent and Registrar of Graves. Upon motion duly made and seconded, it was voted to Resigna- accept the resignation of Bernard 2BAlcastro as Director tion of Veterans' Services, Veterans' Agent and Registrpr -Oft Graves, effective March 7, 1969. Mr. Kenney said that Mrs. Frick of the Conservation Commission has spoken to Mr. Gray regarding the option on the Modoono land. Mr. Kenney said that he hadn't realized Modoono that there was some problem with the access. Option The Chairman said that the request for the drawing of options is two months old. Town Counsel asked us who was going to make the formal request. There is a problem of the legal right of way. Town Counsel has been drawing up the Warrant and his top priority item is to draw up the agreement with Bedford on the sewer; he is trying to get the application acted upon as we are having trouble with the pumping station. Town Counsel will get the right of way squared away. Mrs. Frick said that it is being held up because the right of way is not clear. The Chairman said that Town Counsel is trying to get the right language inserted. Mrs. Frick said that it was delivered December 13, and we want to be sure that you know that this option is needed. Can you give us a date when we could have it? The Chairman replied in the negative. Mrs. Frick asked if Town Counsel could be informed to get in touch with the Conservation Commission? 194 The Chairman replied that Town Counsel has been in constant touch with Mr. Smith and I am sure that he will call him on this. Our top priority for his time, other than his Court load, is Bedford. Hearing was declared open upon application of the Lexington Veterans of Foreign Wars for a Club Liquor License. Mr. Jerome Garrity, representing the VFW, said that his organization is requesting the hours of 1:00 P.M. to 12 Midnight, Monday through Saturday and 1:00 P.M. to 11:00 P.M. on Sunday. Basically, that is our only pro- posal. The Chairman said that you have notified all of the abutters according to law and have submitted a layout of where the bars are going to be. He asked if there will be a full time bartender on duty? Mr. Garrity said that two members will be assigned VFW and one of them will be on duty. We have, roughly, 200 Hearing members and hope to increase our membership 25 per cent by conducting a membership drive. The Chairman asked what the capacity of the parking lot is? Mr. Garrity said that, with no snow, about 30 care. The Chairman asked for the capacity of the club. Mr. Garrity replied, about 70 people per floor. The Chairman asked if they were going to serve liquor in the main hall and the area on the lower floor. Mr. Garrity answered in the affirmative. The Chairman asked if anyone had questions to ask Mr. Garrity? Mr. Levis, 18 Hayes Lane, asked if anybody besides Mr. Lichtenberg had received a notice of the hearing? The Chairman explained that the statute requires only the abutters to be notified; they notified the abutters and the statute has been fulfilled. The Chairman asked if anyone would like to be re- corded in favor of the application? Those in favor are as follows: Jerome Garrity, Edward H. Fitzgerald, Jr. , Wallaoe Ormiston, James Acre, David F. Dieter. The Chairman asked if anyone would like to be re- corded in opposition? Those in opposition are as follows: Marilyn Briggs, 9 Hayes Lane; Mary and John Levis, 18 Hayes Lane; Vendel Lichtenberg, 6 Hayes Lane; Henry Chin Park, 7 Hayes Lane; Alma and Purney Acker, 27 Hayes Lane; Elizabeth and George McCormack, 32 Hayes Lane; Joanne and Kenneth LeBlanc, 12 Hayes Lane. Mr. Levis said that he would like to give a little background on this situation. In 1960 and 1961, the VFW went before the Board of Appeals to enlarge their proper- ty; there was a great amount of thought given to the fact that the parking lot was small. : 96 ` We, as abutters, complained that we had trouble getting in our street. The vote was 61 for and 138 against the VFW. A group went to the Chief of Police and complained that they were selling liquor; Section 61 describes a club selling liquor without a license as a common nuisance. There was nothing done about it. The building is about 50 feet from Mr. Lichtenberg's property. They not only use the building themselves, but a dancing school is con- ducted there. The parking lot is very small now and, if there is a 20 per cent increase in membership, what will happen? Practically :tall of the cars park in front of the building. I feel, and a great many others do, that a liquor license in an R-1 district is not going to add to the value of our property. No Selectman would want a Club License in their neighborhood. The property is not kept up. Four or five years ago, the building was painted and the blinds are still piled on top of the roof. They built a small structure and it is still unpainted and in plain view. They did part of the street and there are holes so big that a car could be put out of balance. If they get a club liquor license, it means that liquor would be available for members and guests. I am not against liquor but I am against it in our neighborhood. A great many clubs issue guest cards. The Chairman said that this will not happen. Let me assure you that, regardless, of what has happened in the past, a license would be granted with rules and regulations to be adhered to. It will be policed and if there are any violations, the law will be enforced; we have proven this with the motels. If there is a violation, we won't think twice to suspend the license. Mr. Levis said that he knows that the Elks and Knights of Columbus have a license, but they are not at the be- ginning of an R-1 district and have plenty of parking spaces; they are entirely different. Mr. Greeley asked if he had indicated that the Board of Appeals had imposed some requirement as far as park- ing is concerned? Mr. Levis said that he had not. The VFW had said they were trying to get permission from whoever owned the property; they said this at the first meeting on November 29, 1960 and again in April in 1961; it was approximately four months later and they hadn't gotten it. They were not allowed to enlarge the building be- cause of insufficient parking. Mrs. Levis said that this organization has to be under surveillance six days a week and on Sundays; What about all those young boys in the street. Do we have to be forever calling the Police. The Chairman said that the zoning law says that a Club is permitted in an R-i zone. We can take into con- sideration the location of the Blub. i9 l ; 1 e e < t , Mrs. Levis said that they are all opposed; we all have nice homes and yards; this is the only bad place on the street. I strongly urge the Board to vote against this. Mrs. McCormack said that at 2 o'clock in the morn- ing we heard the honking of a horn and the car had its headlights on. We called the Police and the man said that he had gone up the wrong end of the street and got stuck in the snow. He couldn't even get out of the car. Mr. Garrity said, that man was not a member of our organization, he pulled into that yard. The Chairman said that you rent facilities to a dancing school. Mr. Garrity said that -there were never more than six pupils there at one time. The hours are 1:00 P.M. to 6:00 P.M., upstairs. The Club will serve downstairs. The Chairman said, what you are asking is not to serve liquor upstairs, but will serve downstairs when dancing school is going on. He asked if they would rent the facility out to anyone else. Mr. Garrity replied in the negative. The Chairman said, liquor for your own functions and served by your own people. Mr. Garrity said that when liquor is served, one of us, as bartender, will be there. The Chairman said that the VFW has been in to see the Board and the Planning Board as they would like to move. They can meet with the Planning Board and find a location. Mr. Chin Park said that he has youngsters from 3 to 7 years old. He is all for the Veterans and not against drinking but, at nighttime, people are loaded and when t. they come out, they speak strong language. Now, there will be the problem of having more hours and more drink- ing. He hopes the Planning Board does something; they shouldn't let the problem slide to an impossible situation. . Mrs. Briggs said that she is the mother of five children. With the increased traffic, she would have to walk with the children; they are not permitted to go down the street now. Today her 14 year old boy was told by his friend that he had heard that there was going to be a barroom down the street. The Chairman said that none of us want that situation. Mrs. Briggs said that she never thought the hours would be from 1:00 in the afternoon. Mr. Lichtenberg said that he lives next door to them. He has seen so much since they have been there. My boy told them that they have a bad door and to fix it; the reason it is bad is, they put somebody through it; they never fixed it, they just sealed the door. I went to the Police Station and they did nothing. You can hear them at the end of the street and I don't think it is right to give them a license. They leave lights on the back door for 72 hours. (They go in the back door if they don't want people to recognize them. ) 197 Mr. Kenneth LeBlanc said that he has lived there for three years. Everybody on the street knows that his son is hard of hearing. If a liquor license is granted, traffic is going to increase and there will be a safety faetxr for the children. The Chairman declared the hearing closed. He informed the VFW that they will be notified of the Board' s decision. Mr. Frederick Conroy, representing Dr. Martin Bellinger, told the Board that he would like to discuss a sewer bill received from the Department of Public Works. He said Dr. that, a short while ago, Dr. Bellinger was having trouble Bellinger with sewerage at his home and asked the Town to correct the problem. They found a tree on Town property with roam- ing roots going into the main sewer. They dug up the street and dug up part of his property. When the work was com- ted, was given a ill of bill came toe$670.heDr. Bellinger bthought$that the part 490; the lapportioned to him was excessive as the work was done on Town property because of a tree on Town property. We had previously written to the Town and the Selectmen, requesting a meet- ing to discuss this, but received a letter which said that there was no other way but for Dr. Bellinger to pay the bill. Dr. Bellinger had taken photographs where they had dug up and would like the Board to see them. The Chairman said that 53 1/2 feet of pipe were used, 15 feet in the street and 38 1/2 feet in the Bellinger property. We are responsible for 25 feet. Mr. Burke said that the total cost was $670 and the street construction allowance was $189.75. Mr. Conroy said that the records don't show how much time was spent in the street and how much in the house. The Chairman said that we can assume there was no ledge. Basically, digging the trench was the big problem. Mr. Conroy said that the trouble was caused by the tree on Town property. The Chairman asked Mr. Burke why we replaced the whole service and if Dr. Bellinger had requested it? Mr. Burke said that Dr. Bellinger did, and gave a $200 deposit. The service goes back to 1950; the Town bad worked on it for previous owners. Dr. Bellinger came into the meeting and showed photo- graphs taken when the work was being done.. He said that the roots of an elm tree on Town property had a great deal to do with the obstruction of our sewer. Mr. Cole said that we don't have all the basic ingre- dients on this, and asked what an equitable arrangement would be. Dr. Bellinger said that he had given an initial de- posit, by check, of $200; of the total bill of $670.31, the Town deducted $189.75 for street construction work and there is a balance of $280.56. It was easy digging, asphalt at the street level; it includes electrical and gas conduit, plus the sewer. 98 The Chairman asked what Dr. Bellinger felt the amount should be? Dr. Bellinger said that he was just trying to be reasonable about it. Mr. Conroy suggeste0,-50750. Mr. Greeley said that we do have an established precedent, so much on Town property and so much on private property. Mr. Mabee said that it was unfortunate forLDr. Bel- linger that it was only 15 feet on Town property in the street and 38 1 2 feet on hisproperty. / The Chairman asked Dr. Bellinger what he felt would be an acceptable figure, would $]40 be agreeable? Dr. Bellinger said that he would go along with that. The Chairman said that the Board will discuss your proposal and let you know. Dr. Bellinger and Mr. Conroy retired. Upon motion duly made and seconded, it was voted to Abatement sign the abatement forms for incorrect billing of water rates for Frank Kramer, $3.50; E. Outhet, $1404,44; Gold Ribbon Farms, $8.75. 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, Executive might adversely affect public security, the financial Session interest of the Town, or the reputation of a person. After discussion concerning the financial interests of the Town and an interview for the position of Assistant Building Inspector, it was voted to go out of Executive Session. Upon motion duly made and seconded, it was voted to adjourn at 12:20 A.M. A true record, Attest: nn Executive Clerk, Selec en C) çk ) vii") .�u V {; 1