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HomeMy WebLinkAbout1967-01-09-BOS-min 416 co acSELECTMEN'S MEETING January 9, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, January 9, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present. Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. Mr. Gray submitted a bill, received from Waltham Chemical Co. in the amount of $50 for termite control, Public Works Building, and reported that the com- Bill mittee had approved the bill for payment. approved Upon motion duly made and seconded, it was voted to authorize payment of the bill as submitted. Mr. Gray reported on bids received for the 1966 Annual Town Report and informed the Board that out of six invitations, only one bid was received and that was submitted by Spaulding-Moss. The bid was $1402.00 Town for 1500 copies; additional copies ordered at the same Report time, 100 complete books $30.00; 100 of part I only $25.55. More or less pages printed in multiples of 4 will be charged or credited at $4.80 per page. For each photo add $3.601 For each screened area add $5.00. For each halftone, line and screen combination add $15.00. Upon motion duly made and seconded, it was voted to order 9,000 copies of Part A and 700 copies of Part A & B; total cost $4,983.00. Mr. Gray reported he received a telephone call from a Mr. Wilson in regard to the property on Bartlett Avenue. Mr. Gray recommended that the Board proceed under Chapter 139 as it did on Massachusetts Avenue. The Chairman recalled that Town Counsel did have some instrument filed. Mr. Gray said the Board held a hearing and should get the place demolished, but it might be better to hold another hearing. The Chairman said if a hearing has elapsed, it would be safer to hold another hearing, and Mr. Legro has a file on this. 411 Mr. Sheldon said if Town Counsel feels another hear- ing is necessary, then the Board would have to hold one. However, if Town Counsel feels a hearing is not necessary, the Board will not have to hold one. He suggested that Mr. Gray check with Town Counsel, and if it is his opinion that another hearing should be held, to schedule one. If he feels a hearing should not be held, then the Board would take action under Chapter 139 at the next meeting. Mr. Carroll stated the Board has not received a reply from its letter to the Town of Bedford, dated December 14, 1966, in regard to the sewer contract. Bedford Upon motion duly made and seconded, it was voted Sewer to authorize the Chairman to write an appropriate letter to the Bedford Board of Selectmen. Mr. Sheldon suggested also that Mr. Carroll tele- phone the Town Engineer in Bedford. Mr. Carroll mentioned the problem involved in regard to the possibility of making a taking for Worthen Road at Marrett Road. He submitted possible designs and indicated the location of the Steevesproperty. In Steeves' the third design he recommended that the entire parcel property of 300 feet be acquired and stated the value of the taking Steeves' property would not be destroyed. He also indi- cated land, on the opposite side of the street, owned by the Town and the Swenson property. He said he thought a taking should be made of the Steeves' property to protect the Town. Upon motion duly made and seconded, it was voted to approve the basic scheme B as submitted by Mr. Carroll. At 8:00 P.M. , hearing was declared open upon appli- cation pf the Lexington Motor Inn Inc. for a license to sell all alcoholic beverages, to be drunk on the premises, as per Chapter 511, Acts of 1966, Section 11D, located Lex . ,tin , at 727 Marrett Road. Lexington Motor Inn The Chairman explained the Board is not required MMtor Inn he<:,riug to hold a hearing but it has been the custom of this Town hearing to hold hearings. He stated the proponents would speak and if there are any opponents, they would speak and the proponents would have an opportunity to answer questions raised by the opponents. Mr. James J. Reagan, attorney at law with an office at 17 Dunster Street, Harvard Square, Cambridge, stated he was representing the LexingtonMotor Inn relative to 310 J 11.0 its petition for a license to sell all alcoholic beverages. He said as far as changes in the Inn to accommodate this license were concerned, they would be minimal. He ex- plained there will be a service bar, not one that is a stand up or sit down bar, but one where waitresses can obtain the drinks and serve them to the patrons. He said the hours they would like, the dining room opens at 11:00 A.M. and stays open until nine at night. There are additional functions from time to time until mid- night. They would like a license from 11:00 A.M. until 11:45 P.M. He stated due to the fact this is the first time the Board has had an opportunity of granting a license under the recent act of the Legislature, it has the right to charge from $250 up to $2500. He believed $250 is much, much too low and also that $2500 is much, much too high. He reported places like Anthony' s Pier 4 pays $2500; the Fantasia in Cambridge pays $1425. He said a place more or less comparable, the Lexington Motor Inn would be the Lord Wakefield, which pays $1,000. The Charter House in Waltham pays $1,000 and the Holiday Inn pays $1600. He said the food operation at the Inn has been running in the red due to the fact it is impossible to compete with surrounding communities. Maybe now it will be operated in the black. He said at the moment it will be a case of attempting to increase the business up there. This would give them an opportunity, maybe, to get into the black. The Chairman asked if notices were mailed to the abutters, and Mr. Reagan replied in the affirmative. He stated there were only two, and submitted return receipts to the Chairman. Mr. Sheldon said Mr. Reagan did not mention anything about Sundays or room service. Mr. Reagan said they would like the license for seven days and for the rooms if the Board would go along. However, if the Board did not want service to the rooms that would be all right. They would like seven days and he thought a reasonable fee would be $1500 or between $1500 and $1000. Mr. Burnell asked about the Sunday hours, and Mr. Reagan stated that it would be all right at 9:00 P.M. and to open at 11:00 A.M. The Chairman said the application asked for the dining room, The Colonial Room, Liberty Room and room service. Mr. Cataldo asked if there would be one bar to service the three rooms. 419 Mr. Reagan said one bar would take care of the room off the dining room and a bar downstairs. They would be just service bars where waitresses would pick them up. The upstairs bar will be in a room next to the dining room. It will be the Liberty Room. The Chairman said he would close this part of the hearing, and asked if anyone present was in opposition. No one present expressed any opposition, and the Chair- man said he would close that part of the hearing. The Board had no questions. The Chairman said the Board would take the appli- cation under advisement and notify the applicant of its decision. Upon motion duly made and seconded, it was voted to establish the hours 11:00 A.M. until 11:00 P.M. on weekdays as long as the dining room is open, but not later than 11:00 P.M. and from 1:00 P.M. on Sundays until 11:00 F.M. as long as the dining room is open, but not later than 11:00 P M. The Chairman stated the Board should move to re- consider the vote establishing the fee under the appli- cation of the Battle Green Inn. Motion was made to reconsider the fee established for the Battle Green Inn. Mr. Cataldo said he would like to know the reasons for considering a change. Mr. Mabee explained his reason would be the fees for commensurate types of places are lower in other towns and, more important, in his feeling, he would like to encourage building of motels in this Town. He said he did not want the fee to be out of line with other towns. Mr. Sheldon said he agreed, and stated the Board should do everything it can to encourage these people to serve good meals and it was his hope both hotels would upgrade their dining rooms. Mr. Cataldo said he would like to see some good restaurants. The package stores are paying the maxi- mum of $1500 a year. The maximum for a motel license is $2500 and that is what the Board voted. He said he could not see any establishment coming in and com- plaining about $1,000. The Battle Green Inn paid $1,000,000 for the operation, and this is going to cost the Town some money in policing. He said he could not see at this time why the license fee should be reduced. He said if anyone wants the license, they should pay for it and handle it well. He said he would be strongly opposed at any fee below $2500. 4120 C.1 Mr. Burnell said the motion is for reconsideration and nothing has been said about a difference in the hours that the Board established for the Battle Green which differs from the request of the Lexington Inn. Mr. Sheldon pointed out that is not the issue at the moment, that the issue now is the fee. Mr. Mabee said he would move for the same on the hours. Mr. Cataldo said if the Board had decided on the $1500 originally, this is where it should stay. He said the Board voted the $2500, and the public has been reluctant to have this type of license. Mr. Mabee stated that none of the Board gave this much thought and he was proposing a compromise of $2,000. Mr. Cataldo said the Board did not give this much thought the night of the hearing, but the Town voted in November and the Board knew this was coming and he would not move off the $2500. The Chairman said it had to be fair, and he did not know how much money these people were going to make. He said, personally, he felt it would not hurt to have a lower rate for one year and see how that works out; then the Board could increase it to the maximum. Mr. Cataldo said he could not see anyone coming in, with a $1,000,000 operation complaining about $1,000. He asked why the Board had to take this position and said both of these are $1,000,000 operations. The Chairman asked for a motion to reconsider the previous question and said the main question was before the Board without any further debate. Upon motion duly made and seconded, it was voted to reconsider the vote of the Board establishing the fee of $2500. Mr. Cataldo and Mr. Burnell were recorded in oppo- sition. Upon motion duly made and seconded, it was voted to establish the fee of $1500 per year for hotel and motel liquor licenses. Mr. Cataldo and Mr. Burnell were recorded in opposition. Upon motion duly made and seconded, it was voted to grant a liquor license to the Lexington Motor Inn at the fee of $1500; the hours to be the same as those established for the Battle Green Inn, 11:00 A.M. until 11:00 P.M. on weekdays as long as the dining room is open, but not later than 11:00 P.M. , and 1:00 P.M. until 11:00 P.M. on Sundays as long as the dining room is open, but not later than 11:00 P.M. 421 Upon motion duly made and seconded, it was voted to approve bond No. 65627 on behalf of Julian Roberts, Deputy Collector, in the amount of $5,000 for a period Bond of one year ending December 31, 1967, said bond having been approved by the Commissioner of Corporations and Taxation. Upon motion duly made and seconded, it was voted to authorize the Chairman to sign a Liquor Purchase I.D. Card Identification card for Ann V. Connell, 55 Forest Street. Upon motion duly made and seconded, it was voted to grant Taxi Driver Licenses to Herbert B. Hope, 49 Ward Street, and Harold E. Welch, Jr. , 26 Eustis Licenses Street, Arlington, satisfactory character references having been received from the Chief of Police. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s Meeting Minutes held on December 27, 1966. Mr. Cataldo said last week the Board voted to reserve space in the warrant for a possible article relative to Lexington Center and he thought the Board Lexington should delegate someone to contact the Minute Man Center Realty Trust. The Chairman delegated Mr. Cataldo to represent the Board. Mr. Cataldo said he thought the Board should meet with the Appropriation Committee next week and discuss ApOropri- the School Department. He said he had information on ation the kindergartens and closing the two schools. Committee It was agreed to meet with the Appropriation Com- mittee next Monday night. Mr. Gray left the meeting to so inform the Appropriation Committee. Mr. Mabee referred to a problem of Maintenance at Cary Memorial Library. He said several possibilities had been considered but nothing concrete has been done. Mr. Carroll said he would like to take a look at the building and see what is involved, and he definitely Cary thought the Public Works Department could handle it, Library but funds would have to be made available. maintenance Mr. Cataldo said the School Department wants to II talk to the Board on a Town-wide maintenance department, including school facilities and equipment. Lr .01 Mr. Sheldon said the School Department would be meeting with the Board later for some other items and suggested that this subject be discussed at that time. Mr. Cataldo said the Board should have a meeting of the minds before it gets into that area. Right now the School Department's thought is to go into the cellar of the Muzzey School. Mr. Mabee said the library is not an immediate problem and everything is all set for this year, but he thought something should be done. Mr. Cataldo said regardless of what direction the Board goes, it will need space. He explained that what- ever Dr. Fobert and Mr. Maclnnes have to say will be with the authority of the School Committee and whatever they say will be official. Mr. Carroll said it is not just maintenance done by the Town personnel. Mr. Cataldo explained there are plumbing and elec- trical contractors and if this is to be done on a Town-wide basis, space would have to be made available. Upon motion duly made and seconded, it was voted to authorize Mr. Cataldo and Mr. Gray to specifically dis- cuss the maintenance of the two libraries in the dis- cussion. I The Chairman said last week the Board extended the warrant for one week to allow citizens to come in with one article. He said he now has an article with thirteen Article names that have not been checked. This article is to appropriate money for the erection of 315 feet of chain link fence, including one twelve-foot double gate, on the Adams School Playground. He said the article would go into the warrant providing there are ten valid signa- tures of registered voters. If there are not ten valid signatures, the article will not go in the warrant. Letter, received October 25, 1966, from Elizabeth C. Whitman, 9 Demar Road, relative to a definite program for mowing fields owned by the Town, was held over. Mr. Carroll said he had the information but he did not know what happened and he thought this woman was Mowing concerned about burning. He said he talked to Mr. vacant Mazerall about this and as far as he, Mr. Carroll, is areas concerned, it might involve a large maintenance problem if a program to mow these areas is started. He said his opinion was to leave the areas as they are and not attempt to do anything with them. 423 Mr. Cataldo said he would like to see these areas left in their natural state. It was agreed to advise Miss Whitman that after con- sidering the subject and exploring all facets, it was decided not to instigate such a program at this time. Letter from Mr. George A. Talland, 24 Forest Street, with reference to reconstruction of business buildings in Lexington Center and extension of the business zone Zoning to include Muzzey Street, was referred to the Planning Board, with request that that Board make available to the Selectmen a copy of the minutes taken when the subject of rezoning was discussed. Upon motion duly made and seconded, it was voted to establish the sum of $92,100 as the amount not less Bond than which the 1967 bond for the Treasurer shall be written. Upon motion duly made and seconded, it was voted to establish the sum of $108,800 as the amount not less Bonds than which the 1967 bond for the Collector of Taxes shall be written. Upon motion duly made and seconded, it was voted to establish the sum of $1,800 as the amount not less than which the 1967 bond for the Town Clerk shall be written. Mrs. Hooper, Valleyfield Street, met with the Board and said she had spoken to the Chairman and Mr. Burnell in the hope that the Board would reconsider its action in regard to the construction of Valleyfield Valleyfield Street. She said a number of her neighbors were also Street present. The Chairman stated when the Board considers building roads, sewers, drains, etc. , for many years it has a limit beyond which it does not like to go, trying to keep the tax rate stable. He said the limit the Board has set up each year is $250,000 and it has to look at all the peti- tions and take everything into consideration. Mr. Tony Gelzinisis, 73 Valleyfield Street, said some of the judgment should be determined on a diffi- culty of passability of this road. He said the holes fill with water and freeze, then the bottom of the cars scrape. When the Town put in the sewer, everything was mimed up together and covered with sand. This collapsed completely and the road is very bad. He CI 11,0 said three homes are being built and heavy equipment is going over the road. He said if there was an emergency there, the ambulance would not get down. Mr. Carroll said the water and sewer is in and he concurred with the prople that the street is in a very bad condition. The Chairman said the Board would take the comments unddr consideration and take another look at the budget, but he could not guarantee the outcome. Mr. John Byrne, Plumbing Inspector, met with the Board. Mr. Carroll said this concerns the recent plumbing code established by the Board of State Examiners of Plumbers. Up until a few months ago, the procedure for installing water and sewer services from the main in the street to the build- ing had been for the Town to install the service from the main in the street to the property line, and then have someone licensed by the Town to install it the rest of the way. The Board of Examiners of Plumbers were author- ized to enact a new plumbing code which in effect says only plumbers could install water and sewer services from the property line to the building. The code became effective August 15, 1966. He said he and Mr. Byrne working together, adopted a let's wait and see attitude. The plumbers have expressed no great interest in becom- ing drain layers and some towns have applied for deviation from the code and obtained deviations. He said they have examined this closely and would like to recommend to the Board that it ask the State Board of Examiners of Plumbers tovary the plumbing code to the extent he can continue the way he is now with private drain layers doing the work and have the inspection done by the Engineering Department. He explained as it stands today, the inspection of the plumbing between the property line and the building is under the Plumbing Inspector. Mr. Carroll said he and Mr. Byrne feel the Board should ask the State to deviate from the plumbing code to permit the Town of Lexington to con- tinue in the present manner and to use materials now being used by the Town. He said Winchester has such a deviation and he asked Mr. Legro for an interpretation. Mr. Mabee asked who brought the subject to his atten- t ion. Mr. Carroll replied a man in Westford called him about it. He said the drain layers themselves, Mr. Byrne and a number of people told him he was operating illegally. Mr. Gray explained a letter was received from the State calling this to the Town' s attention. 42I Upon motion duly made and seconded, it was voted to request the State Board of Examiners of Plumbers to grant a deviation of the Plumbing Code as recommended by Mr. Carroll. Mr. Mabee asked if this was likely to be a Union dispute, and Mr. Byrne replied in the negative. He said the Union has nothing to say about it, that it is a State law. It was agreed- that Mr. Carroll would compose a letter for the Chairman's signature. The Chairman brought up the subject of Valleyfield Street, and Mr. Cataldo said he would rather include it in this year' s budget in preference to Grandview Avenue. Valleyfield Street It was the sense of the meeting to include Valleyfield Street in the list of streets to be presented to Town Meeting this year, a definite vote to be taken at a later meeting. Mr. Carroll said a request had been received from the Planning Board for insertion of an article in the warrant to establish as a town way and accept the layout Emerson of as a town way of Emerson Road from Adams Street north- R§ad westerly to a junction with the existing Emerson Road in the Adams Estates Section Four subdivision. He asked if there was to be an article for the acquisition of the Lidberg property or if this was to become a street layout. Mr. Cataldo said if the Board is trying to build Emerson Road, he would rather wait ten years and then buy the house and land. The Planning Board met with the Selectmen at 9: 15 P.M. and Mr. Greeley explained the Planning Board feels the best way to proceed is to make a layout. He said the Planning Board recommends construction of the road. 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 the public security, the financial Executive interest of the Town or the reputation of any person. Session 426 2C N CI Following discussion with Mr. Carroll relative to employee classification, and land acquisition, it was I voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 10:20 P.M. A true record, Attest: Exec ive(/Clerk Select 1