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HomeMy WebLinkAbout1967-05-22-BOS-min .k- 53 SELECTMEN'S MEETING May 22, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, May 22, 1967, at 7:30 P.M. Chairman Cole, Messrs . Burnell, Cataldo, Mabee and Kenney were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant , Mr. Colella, Assistant Superintendent of Public Works, Mr Higgins, Assistant Town Engineer, and Miss Murray, Execu- tive Clerk, were also present Mr. Leon Burke, Director of Guides , introduced Sandra Boodman, 4 Linmoor Terrace, applicant for a Guide license. Guide Upon motion duly made and seconded , it was voted license to issue a Guide license to Sandra Boodman, satisfactory report having been given by the Director. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate poles on Washington Street. Notices of the hearing were mailed to the petitioners, IIowners of the property as listed on the petitioners' plans and also filed with the Superintendent of Public Works. Pole Mr. Pratt, representing the Boston Edison Company, was locations the only person present at the hearing He explained the poles are in place to which the telephone company is attaphed . Upon motion duly made and seconded, it was voted to declare the hearing closed Upon motion duly made and seconded , it was voted to grant the petition and sign the order for the following J/0 pole locations: Washington Street, southeasterly side, southwesterly from a point approximately 85 feet southwest of Eliot Road, -- Two poles. (These are existing poles, no new poles to be set ) Mr. Legro stated he had an Order of Taking for the drain easement On the Mazza property off Green Lane which the Board previously voted. Order of Upon motion duly made and seconded, it was voted Taking to sign the Order of Taking for the drain easement on the drain Mazza property off Green Lane as submitted by Mr. Legro. easement II Gr 54 Mr Legro said he had the contract with Whitman & Howard for engineering services for sewer work in certain streets Engineering Upon motion duly made and seconded , it was voted Contract to sign the contract as submitted by Mr. Igro. Mr. Gray submitted a bill in the amount of $4,235.35 received from Spaulding-Moss for printing the 1966 Annual Town Report Town Report which he said had been approved by Mr. Zehner. bill Upon motion duly made and seconded , it was voted to authorize payment of the bill as submitted . Mr Gray submitted a bill in the amount of $955.79 for engineering services, submitted by Whitman & Howard . Lex Center He explained this is in connection with work done on the Engineering beautification of Lexington Center project. Bill Upon motion duly made and seconded, it was voted to authorize payment of the bill as submitted. The Chairman read a letter from the Trustees of the Hartwell-Lexington Trust stating Cabot, Cabot & Forbes Co. has requested permission to enter an existing storm Drainage drainage system in Hartwell. Avenue at a point approxi- mately 350 feet south of Hinchey Road for the purpose of draining the roof area of a proposed building in the Lex- ington Industrial Center. Mr. Higgins said he had looked at the plan and the connection to the drain system seems to be all right. He suggested that they connect to the existing cktch basin rather than the manhole shown on the plan so they won't have to dig in the street. Upon motion duly made and seconded, it was voted to authorize the connection to the drain system at such point as is designated by the Engineering Department . The Board received a copy of a petition which was sent to the Board of Health, requesting that Board to initiate proper steps to have the swamp area drained which lies be- tween the end of Leonard Road and to the rear of 11 and 15 Drainage Young Street . The Chairman said this is private property and Mr. Higgins, Assistant Town Engineer, agreed. Mr. Legro suggested that this might be referred to the Engineering Department to see if the Town is dis- charging water there. Mr. Higgins reported he looked at the property. There is drainage in the street that does flood. From past situations, the Town has not drained swamps and does not have any responsibility to drain this one. He ex- plained these people could put their own drain in if done 55. with a plan submitted by a registered engineer and approved by the Board or the Engineering Department He said it is not a Town problem. The Chairman said the onus is on the owners of the property and Mr. Higgins agreed. Letter from Mr. R. A. Bittenbender stating he accepted appointment to the Advisory Council to Civil Defense was Appointment noted and placed on file. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Purchase Identi- fication cards for the following individuals: Bonney L. I.D.Cards Cooper, 43 Reed Street, and Peter Gilpatric, 10 Oakland Street. Letter was received from Chief James F Corr request- ing that Alden F. Stucke be appointed .Special Police Officer. Special Upon motion duly made and seconded, it was voted Police to appoint Alden F. Stucke, 31 Hancock Street, a Special Police Officer for a term expiring March 31, 1968. Upon motion duly made and seconded, it was voted to sign anOrder of Sewer Taking in Blake Road near Order of Boulder Road southerly. Sewer Taking Upon motion duly made and seconded, it was voted to sign an Order of Sewer Taking in Ward Street from Garfield Street to Ash Street. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting held Minutes on May 15, 1967. The Chairman read letters from the Town Clerk inform- ing the Board of the following appointments made by the I4oderator: Richard S. Sparrow, Recreation Comm. Three-year term William R. Whalen, Regional Refuse Disposal Planning Arnold B. Briggs " If " " Committees Richard H. Soule =' 1+ n n Harriet V. Reiman, Structure of Town Government John F. Cogan, Jr , Capital Expenditures Committee Charles E. Parks Cary Lectures Committee Angela E. Frick If " Alford S. Peckham S 6- y The Chairman read a letter from the Board of Health Board of advising that Dr. Charles Colburn, Assistant Director of Health the Bedfad Hospital might be interested in becoming a member of the Board of Health The name was submitted for the Selectmen' s consideration when the appointment to replace Mr. James West comes up. The Chairman read a letter from the Board of Health Health requesting an extension of thirty days' sick leave for Mr. Director James Finneran, Health Director. Mr. Gray reported that Mr. Finneran had returned to work this morning and is working half a day. He said Mr. Perry received a letter this morning that Mr. Finneran is back to work and Mr. McQuillan did not know he was coming back to work Under the circumstances, it was voted to table the request for an extension of Mr. Finneran' s sick leave. At 8:00 P.M. , hearing was declared open upon appli- cation of The Dunfey Corporation, doing business under Sheraton the name of Sheraton Lexington Motor Inn, 727 Marrett Road , Lex. Motor Lexington, for an Innholder' s all alcoholic beverages Inn license. Mr. Dean Nicholson, attorney, with offices at 1776 Massachusetts Avenue, represented the applicant, and said this is something that was given long and careful study before coming into Lexington. He said the people he represents are well experienced in the motel and hotel business. This is their first venture in Massachusetts. He said he had members of the Dunfey family and the Manager present this evening. The Chairman asked when the Dunfey Corporation took over the Lexington Motor Inn. Mr. Nicholson replied they are in the process of taking it over. The actual transfer has not taken place. They are hoping to do it as soon as the application for the license has been approved. The Chairman said he believed they would have to be a bonafide owner to have an Innkeeper license before they could apply for it. Mr. Nicholson said the Board in Boston advised him the license could be granted. The Chairman said there is a similar license in Town and this license was granted that it would be only a ser- vice bar. Mr. Cataldo asked if the Board had the right to con- sider granting this. Mr Legno suggested that the Board take it under ad- visement 57 Mr. Nicholson said he talked to the secretary of Alco- holic Beverage Control in Boston and was told it is quite common for people to file, and until actual transfer, the license is held in abeyance. Mr. Legro said this Board would not issue the license in any event until the corporation became the o>aners . Mr. Cataldo said if the Board is going to consider this, there are many questions he knew the Board would ask. The Chairman asked if the Board had the right to hold this hearing. Mr. Legro replied he thought the Board had the right to hold a hearing The Chairman said the Board does not have the right to issue the lieense until the corporation is the owner of the property. Mr. Nicholson said he understood this is a new ex- perience in Lexington. He has presented them in other towns prior to the actual transfer taking place. Mr. Cataldo asked if there was an existing license . Mr. Nicholson replied he has had experience of both over a period of years. Mr. Nicholson said Walter and William Dunfey were present . The Chairman asked if there were any questions on the substance of the application. Mr. Cataldo asked where the bar was going to be and how it was going to be set . Mr William Dunfey, Hampton, New Hampshire, said eight or ten years ago, they were granted a liquor license in the Town of Hampton which still remains a dry town in the State of New Hampshire. He said at the Lexington Motor Inn it would be their intention to convert the room on the right- hand side as you go toward the dining room. They would change that into a Cracker Barrel Lounge and they would con- vert the dining room into the Tavern Room. He said all their operations are done in the tradition of a Yankee Tavern. The lounge service would to the room to the right. Beyond that would be the Tavern Dining Room and both rooms would be redecorated. Mr. Cataldo asked If they were planning on serving food in the Cracker Barrel Lounge. Mr. Dunfey said in two states they can. It is an advantage to serve hors d' oeuvres . They do have a large barrel with crackers and cheese which is a free item. He said he did not know what the existing rules are in Lex- ington. They would prefer to serve food in the lounge because at noontime they run a top brass luncheon serving hot pastrami, hot roast beef and corned beef sandwiches. This works better in the lounge area as compared with the 111 dining room. 58Zt Vim_ Mr. Cataldo asked if there would be function rooms as well. Mr. Dunfey replied they would use the rooms that are available and in the future they Hope to provide better function rooms than are now available. They would hope to develop conferences, seminars and meeting rooms. Mr. Cataldo asked if there would be service from the same bar. Mr. Dunfey replied they always try to use the same bar. As they get into a function for a larger group, they set up a service bar area and this is always handled by an experienced bartender. It provides a better control. He said if an event did take place where there was a large number of people in the rooms, they would, then set up a service bar. No one wishing to be heard in favor or in opposition, the hearing was declared closed. The Chairman said the Board would take the appli- cation under advisement . Mr. Nicholson and his clients retired. Mr. Cataldo said he did not know what they are going to do up there and thought they should be a lot more speci- fic. Mr. Mabee asked if the Board couldn' t be specific in granting the license. He said he had no objection as long as it is on the same basis as the other motel. Mr Cataldo said he thought they should tell the Board where they are going to put the service bar. Mr. Legro advised the Board had time enough to take this up next week. Mr. Mabee asked if there was any question about the Board saying where the bar will be Mr. Legro said he thought the Board had a perfect right. He explained the intention of the statute is that liquor will be served in hotels where they serve fdod. He said he did not think it permitted a cocktail lounge. He said he went out and spoke to them in the corridor as he was interested in the question of ownership Theyassured him they would acquire absolute ownership of the premises. The only tie-in with Sheraton is for room reference. He said if they do acquire title, he thought he would be satisfied. He stated the Board could grant a license upon the transfer happening. Decision on the application was held over for one week, and Mr . Gray was requested to contact Mr. Nicholson and explain to him that food has to be served. Mr. Gray reported that Mr. Alvin Morrison, 104 Pleasant Street, who had an appointment with the Board, came in before the meeting started and submitted a written statement per- taining to the drainage between Pleasant Street and Green Lane, 59, rather than discuss it with the Board In his statement, Mr. Morrison listed seven reasons why he thought the intent and purpose of the contract and expenditure for the drainage has not been met. Mr. Higgins said he had the whole easement under study and intended t) go in there very shortly and regrade the whole area, taking care of, certainly, Mr. Morrison' s problem. He explained the drain easement runs back of all the properties . The Chairman referred the communication to Mr. Higgins and requested that he reply to Mr. Morrison. The Chairman read a letter from Mr. Morrison, 104 Pleasant Street, listing four observations relative to the lack of continuity between the State work extending into Pleasant Street from Route 2 and the Town work recently completed by the drainage system contractor. The Chairman said the best thing to do was to refer this to the Superintendent of Public Works for a report. The Chairman read a letter from the Town Celebrations Committee advising that the observance of Memorial Day will start at 10:00 A.M. at the Munroe School, stop at Memorial the two cemeteries, Munroe and Colonial, and end with Day exercises on the Green at approximately 11:30 A.M. The Board was invited to participate in the parade, or join the group at the Green. Upon motion duly made and seconded, it was voted to sign the Warrant for the Special Town Meeting to be Warrant held on June 12, 1967 Mrs Virginia Ross, representing the Citizens for Lexington Conservation, asked the Board to reconsider some of the factors on the Great Meadows' issue She said 300 families in Lexington are very deeply interested Great in this area and they hope the Board will try to pre- Meadows serve the good will that has been greated by the former Board of Selectmen of Lexington and Arlington groups. She said she understood the hydrological study is illegal. They would like this issue to be kept open in the interest of the people of Lexington and in the interest of the recreational use of this area She said there were several people present who have informed her of a huge nursing home to be developed in this area. She said the group hopes to have a chance to go on studying this area and that the Board will make some resolution to the Town Meeting that will preserve some accord with the Town of Arlington. The Chairman stated the Great Meadows was initiated 00 ze CL from this Board and the Chairman of the Arlington Board of Selectmen and the Lexington Board walked the Great Meadows, and agreed to approach the Boards. He said the Board was going to try and have a hydrological study. It is legal for Arlington to do this because Arlington owns the land, but there is a question of Lexington getting into it with funds. However, the article is in the warrant. He said if it is not legal, m attempt will be made to shut the door on negotiations with Arlington. He said it is this Board' s obligation to do things in a legal manner and Town Counsel found no legal reason for the Board to do it, which he must have. He said the article is in the warrant and the Board is still looking for a way to do it Mr. Adams said after this warrant goes out , it is the last time his firm is going to do the addressing. It is Warrant going to be difficult to get the warrant addressed with the holiday and he suggested that the Board, if it could, add another week in the future He said he thought Mr. Maxey was going to do the addressing. Mrs. Mott-Smith met with the Board and said two months ago, the drawings for a possible intersection were revealed at a Selectmen' s Meeting. There has been some talk, but Route 2 no decision. She said she felt there should be a decision by the Board on this intersection. She said she could see no advantage at all in having the drawings under public debate without any statement from the Board and she asked the Board to make a decision. The Chairman said before any action is taken with the Department of Public Works, the Board would notify all the people in the area of a hearing. He explained this would not be a.legal hearing, but out of oourtesy, the Board would hold a hearing. He said at the present time, the Board does not have all the facts to hold a hearing. Mrs. Mott-Smith said nothing is being served by delaying the hearing The Chairman explained at the present time, this Board is waiting for more information from the State De- partment of Public Works and until it receives the in- formation, it does not feel it could make a decision. Mrs. Mott-Smith asked what the information was that the Board is waiting for. Mr. Cataldo replied the Board is waiting for projected traffic counts. He explained the Board asked the Department of Public Works to make some projections for the Board using the same approach it used in making their own. He said he felt the Board would be ready for a hearing in a couple of months I 61 The Chairman said some of the Board are disposed more one way than another but without all the facts, the Board cannot make an intelligent decision so it is holding off until everything is in. He said he has taken the stand he is opposed to a connection to Route 2, and others may not feel as strongly as he does, but there would be a hear- ing before a decision is made . Mrs. Mott-Smith asked what a hearing would reveal. She said what is wanted in the area is some knowledge of what the houses are worth She said the people would not want to make life plans on a traffic count . Mr. Storer asked the purpose of a meeting if it had no legal status. The Chairman replied the people want to know about it and out of courtesy the Board would hold a hearing. He said as soon as the information is received, a hearing will be held . Upon motion duly made and seconded, it was voted to appoint a committee to make a study of any source of air Air Pollu- pollution in the Town , and how it could be corrected, to tion Comm. consist of the following indivtbals: Mr. Allan F. Kenney, representing the Board of Selectmen; Mr. William P. Fitzgerald , representing the Board of Fire Commissioners; Lieutenant James J Lima, Jr. , representing the Police Department; Mr. R. L. McQuillan, representing the Board of Health; and three citizens, Erna S. Green, Newton Bennett, and 8ttivin W. Sing. 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 the public security, the financial Session interest of the Town, or the reputation of any person. Following dispassion with Town Counsel, Guy Colella, Assistant Superintendent of Public Works, and Mr. Gray, Executive Assistant, it was voted to resume the open meeting. Mr. Cataldo said the Board should start interviewing for a Superintendent of Public Works. Interviews It was agreed that Mr. Gray should have the appli- cations duplicated and sent out to the members of the Board, and it was suggested that the interviews be held on a Satur- day morning or some night in the week other than a regular Monday night meeting. Upon motion duly made and seconded, it was voted4,1 st; � to adjourn at 9:55 P.M. A true record, Attest : m Execupiv Clerk, Sele en