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HomeMy WebLinkAbout1966-11-28-BOS-min 348 CI SELECTMEN'S MEETING November 28, 1966 A regular meeting of the Board of Selectmen was held in the Selectmen 's Room, Town Office Building, on Monday evening, November 28, 1966, at 7:30 P.M. Chairman Cole, 14lessrs. Burnell, Cataldo, 1`labee, Sheldon, Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Acting Clerk were also present. At the request of the Town Clerk, three jurors Jurors were drawn as follows: William J. Wiles, 23 North Hancock Street, Joseph E. Halley, 11 Swan Lane, Mr. Joseph D. Minsky, 9 Abernathy Road. At 7:30 P.M. , hearing was declared open upon the Pole application of the Boston Edison Company and the New location England Telephone and Telegraph Company for permission to locate one JO pole on Carville Avenue, southeasterly side, approximately 4 feet northeast of Butler Avenue, one existing pole to be removed. Notices of the hearing were mailed to the peti- tioners, owners of the property deemed to be affected as listed on the petitioners ' plans, and the Super- intendent uper-intendent of Public Works. Mr. Stickney, representing the Boston Edison Company, was the only person present at the hearing. He explained this was a relocation of a pole due to a cutback at the corner of Butler Avenue . This location was approved by Mr. Carroll, Superintendent of Public WorJs. Upon motion duly made and seconded, it was voted to grant permission and sign the order for the follow- ing JO pole location: Carville Avenue, southeasterly side, approximately 4 feet northeast of Butler Avenue, -- One (1) pole. (One existing JO pole to be removed. ) Mr. Legro reported about two weeks ago the Board Murphy authorized the purchase of a parcel of land from Mrs. land Bertha Murphy for the sum of $800.00. He stated he found in the title abstract there was an assessment of a sewer betterment, dated September 12 of this year, of $1,552.99. He stated he was not sure that the Board was aware of this at that time. Mr. Burnell stated this information on the parcel of land came to the Selectmen from the Planning Board, and was referred to the Conservation Commission. 349r Mr. Carroll stated there would be a question in his mind if it could be sewered. The Chairman stated suppose the Town wants to acquire this parcel and forget the betterment, if it wants to do this. Mr. tegro said the betterment has not been levied but has been recorded, that t he sewer betterment could be abated. Mr. Burnell asked if that was all that was required. Mr. Cataldo stated we think this couldn 't be sewered, and he would like to know if it could be, maybe it wasn' t the bargain the Board thought it was, and unless it was the buy the Board originally thought it was, it shouldn't be done this way, just find out exactly what the story is. Mr. Carroll wanted to know what Mr. Cataldo wished him to find out. Mr. Cataldo asked if the betterment would hold up. Mr. Carroll stated if the people came to ask for an abatement the Board would defer it. The sewer is not deep enough, the sewer wasn't intended. Mr. Cataldo stated if it is not the bargain we thought it was, let up put it in Town Meeting. Mr. Sheldon asked if because of the grade did he question the value. Mr. Cataldo stated on account of the grades there must be something wrong with the lot . Mr. Carroll stated there is a trunk sewer which runs across Grove Street and is quite deep. It runs through this parcel. This land could be sewered by that sewer. Tais sewer here we ate talking about is quite a bit higher than the trunk sewer. Mr. Cataldo said there would be a betterment if they connected to the trunk sewer. The Board voted to buy it, and if the value is not there, put it through Town Meeting. Mr. Burnell stated he felt the Town got a good value for $800 and he had a pretty good picture of the facts but he would be willing to withdraw the motion. Mr. Mabee stated there was a little urgency about this; if the Town didn ' t buy it , it would be sold to a builder. Mr. Legro stated he had no objection, only what he had been given to understand. Mrs. Murphy called the Planning Board and called the Conservation and they referred it to the Selectmen . Her reasons for wanting to get rid of it was the sewer betterment . She had a letter from Mr. Carroll to install the sewer and assess the betterment. That was the urgency . The Chairman stated this could be discussed next week and the Board h ve time to consider it . Mr. Cataldo suggested that Mr. Gray talk to Mrs. Murphy. 350 CI 10 Mr. Mabee stated the reason the Board didn't go to Town Meeting was there was a possibility that it would be lost. It was proper to buy it under the general article for Appraisals and options. Mr. Cataldo stated this board did not have the information. Mr. Legro stated there is no information in anyone of them. Mrs Murphy would like to do it as quickly as she can, that the only reason was the fact that it was a substantial sewer betterment. Mr. Sheldon stated tp 4ave Mr: Gray investigate. Mr. Gray stated he had a request for a transfer Transfer for the Group Insurance of $5600. There was a new contract, a change in rates, additional Town employees, items which Were not fig'red inrthe appropriation. Mr. Sheldon asked if this was the Town ' s share. The Chairman said there was no choice in the matter. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $5600 from the Reserve Fund to the Group Insurance Account. Mr. Legro left the meeting to attend the Planning Board meeting at 7:45 P.M. Mr. Gray said he had a request from the Conservation Commission to purchase the New Amsterdam Casualty Company property and the West Farm, copies of which had been sent to Mr. Legro . The Chairman stated he would hold this until Mr. Legro returned to the meeting. Reference was made to the Selectmen' s meetings to be held on the 26th of December and January 2, the dates on which Christmas and New Years Day are to be celebrated Meeting this year. Upon motion duly made and seconded, it was voted to hold the meetings on Tuesday evening, December 27, 1966, at 7:30 P.M. and Tuesday evening, January 3, 1967. Mr. Carroll stated he had one item for the Board. Bids He stated he took bids today on the Pumping Station and laterals on North Street. The low bidder was J. D'Amico, Inc. of Dorchester with a bid of S103,155; Ricci & DeSantis, $105,494, and third, C. Jiustino, Inc. $112,552,50. He recommended that the bid be given to J. D'Amico, Inc. Mr. Carroll stated the bid was below the estimates, and they are very competent contractors. Upon motion duly made and seconded, it was voted to award the bid for Pumping Station and laterals on North Street to the low bidder, J. D'Amico, Inc. in the amount of $103,155. 351 Letter was received from Mrs. Elizabeth Clarke, Secretary, Lexington School Committee, which the Chai±man read to the Board, in reply to the Board's letter with regard to the Adams School P.T.A. Playground Committee' s request for a fence. Mrs . Clarke requested that this matter be referredt o the Traffic Study Adams Committee for its opinion. School PTA Mr. Burnell stated he wouldn't think it would go fence before that committee, that the decision rests with the Board. Mr. Sheldon suggested that an opinion be requested from them. Mr. Carroll stated they would come back next week with an opinion, and the Chairman asked if there was any objection. Mr. Cataldo thought it was out of the question, that the traffic committee did not have as much information as the Board. The Chairman felt it was a legitimate request from the School Committee Mr. Mabee said he felt it would be good to have the opinion of the Traffic Study Committee. Upon motion duly made and seconded, it was voted to have the Traffic Study Committee give an opinion relative to the fence requested by the Adams School P.T.A. Playground Committee. At 8:00 P.M. , Mr. Mulligan , an attorney from Arlington, representing the RHD Realty and Development Corporation, Battle Green Inn, met with the Board. He stated they were acting under the new atatute which grants to Towns and Boards of Selectmen permission to issue liquor licenses, and the Battle Green Inn is interested in obtaining a liquor license. The Battle Battle Green Inn is located across the street in the center Green of Town, has 89 or 90 motel rooms . Owners of the Inn Liquor are present here tris evening . The Inn is the holder license of a Common Victualler ' s and Innholder ' s licenses issued by the Town. He stated his client would like to serve liquor in the dining room of the Inn and also in a function room in the rear of the motel and would also like room service. He said this is the extent of the license that is requested at the present time. He submitted a plan of the setup in the dining room, and stated it is the only copy they have. This plan was drawn by a firm used by the Howard Johnson' s chain, which is experienced in laying out this type of thing. This is on the second floor in the front of the building overlooking Massachusetts Avenue . He stated the Inn could be entered by a door off Mass . Avenue on the first floor stairway which leads to the restaurant. The only changes which are proposed. All of tris area is used as a dining room. 352 co col The Chairman stated the Board was familiar with the layout. Looking at the plan he stated they woula put in a planter type of arrangement in this location and put in Tar is a bar for facilities for service in this location. The rear entrance from the second floor of the motel. This building has been inspected by Mr. Littlewood, State Building Inspector. Mr. Littlewood was out today and went over the property with Mr. DeVries. The only change which he suggested was that a glass wall with door be installed in the first floor to cut off this entrance from the lobby. As far as Mr. Littlewood was concerned, he would register his approval with the ABC. The Chairman inquired as to the seating capacity of the dining room, and the reply was 135 to 150 persons, sleeping accommodations 80 and 50, which is well over the statutory limit. The question was asked about the function room, and he stated it is located overlooking Waltham Street on the second flcor. The question was asked if there would be a bar in the function room, and the reply was the only plans are to use this as a function room. Mr. Mulligan stated he had talked with the ABC, and whatever hearings were necessary could be held prior to that date making a license effective as of January 1. He stated they were anxious to proceed. Mr . Gray stated he had checked with Mr. Riley of the ABC relative to accepting applications prior to January 1, 1967. The Chairman asked if there were any other questions, and Mr. Cataldo asked how the bar section was to be separate from the restaurant, would it have the same hours, and the reply was the hours would be the same, 7 days a week operation. The Chairman asked if it would be open during dining hours, and Mr. Mulligan replied in the affirmative. He stated they didn't contemplate this as a separate bar, food can be served at tables in the bar. It is part of the dining room, the only separation being a planter. Mr. Cataldo asked what the dining hours are, and the reply was 6: 30 A.M. to 9:00 P.M. , and would be open later for the serving of liquor. Mr. Cataldo asked what hours, and Mr. Mulligan stated they would be open later than the dining room. The Chairman stated he assumed they were familiar with the lrw w Lich was to provide the facility for the convenience of the people during dining hours, that was the intent of the legislation. Mr. Legro returned to the meeting at 8:10 P .M. ' 300 Mr. Mulligan stated att he present time there is no g call for diningafter9: 00 P.M. , but if the move is such that it could be served later in the evening, I think they would keep the restaurant open, that food would be available throughout the rooms and whenever the legal facilities are open. Mr. Mabee asked if they would serve the function room only when the room is in use for functions, otherwise it would not be open, and the reply was in the affirmative. Mr. Burnell stated it woad not be a cocktail lounge. Mr. Sheldon stated there are unanswered questions as far as the intent of the law, that all this has to be investigated. The Chairman stated he did not have any questions as to the intent of the law and the voters. It was not to be a Tavern, th t was against the wishes of the voters, or a bar room. Mr. Mabee asked that a ccpy of the plan be made available to the Board. The Chairman stated a great deal will depend on the application, and Mr. Mulligan stated they would certainly have that in mind. The intention of this meeting was a preliminary meeting to see what they have in mind. He stated they have recently taken over the management of the Inn and it is greatly improved in the short time they have been running it, and they would like to operate it on a high plane . The Chairman asked if the management had a closing hour, and Mr. Mulligan stated this is something that he would have to check with his clients, that he didn't know at this time. The Chairman stated it has been the policy of this Board to have a hearing. That waTH be the time to do these things. This is an informational approach by the Inn, that this meeting was taken in that light. Mr. Mabee asked about the length of time for the room service, and Mr. Mulligan replied he supposed that would be whenever the bar was open. The bar would be the only facility for making room service. The Chairman statedt he Board would check with motels in other towns, most of them serve liquor, and see how they operate. Mr. Mulligan thianked the Board, and they retired. The Chairman spoke to Mr. Legro and reported that while he was gone , a letter from the Conservation Coiy- mission was read and it concerns the options on the Conser- West and New Amsterdam properties. He read the options, vation New Amsterdam expires November 30; West on December 1. Options He felt the best move the Board co ld make was to refer these to Town Counsel. Mr. Sheldon stated what the Board has to do is to authorize Town Counsel to exercise the options . He 354 stated the time is very limited, and he thought it would have to vote so that Mr. Legro could proceed, otherwise new options would have to be negotiated, and it might not be easy. The Chairman asked if anyone knew about the extension of the option with the 6% interest from July 15. Mr. Gray stated the extension of 6% interest was never brought to the Board's attention. Mr. Legro said this shortness of notice does not put him under any pressure, and if the Board wishes to exercise these options, he could have the forms in tomorrow, that the extent of his work at this stage of the game. was to review these options and see what title the town would acquire. He said he had some vague recollection of it, and the fee that we acquire is subject to a life estate in the present owner. He stated he thought those things should be considered by the Board in considering whether it wants to exercise the West option; that there is no problem to prepare the form and the Board could sign it, send it registered mail by tomorrow night or Wednesday morning. The Chairman stated he knew nothing of the 6% interest. Mr. Legro stated this goes up to conveyance of title, pro rata apportionment of taxes. Mr. Cataldo stated this was a reasonable sum of $45,000 for the two parcels. He stated the Board had done this on how many parcels, and unless it is going to be stopped, you have to go along. It is nothing new. Mr. Legro stated he recently got the option on Trinity Covenant Church, before December 15. He had had no opportunity to get more information so he didn't bring this in tonight. Mr. Sheldon moved to authorize Town Counsel to exercise these options, that the Board agree to sign them subject to his further approval. Mr. Cataldo stated he would not sign an option on the West property, that maybe he was wrong. Mr. Gray stated he would like to say Mr. Perry, Town Comptroller, and Town Accountant in Concord were talking regarding whether the Town could pay for such a title and this question of less than fee came up. Mr. Gray stated he would like to check with Mr. Perry, and if Mr. MacKinnon says it is legal, the Board can do it. Mr. Cataldo stated Town funds could not be used. 355 The Planning Board submitted to the Selectmen a set of Procedural Rules of the Lexington Planning Board. The Chairman stated these were merely informative. Letter was received from the Division of Civil Service relative to a State wide examination for Police Police Entrance scheduled to be held the early part of Exam February, 1967. (Tentative Date February 4, 1967) , which would include Lexington. Chief Corr stated he was going to put an advertise- ment in the paper so no one has their name in to take the examination, and stated he was aware of the date. Upon motion duly made and seconded, it was voted to certify the character of Walter Jude and Renee Jude, Cert. of applicants for Certificate of Incorporation, satisfactory Inc. references having been received from Chief Corr. Chief James F. Corr met with the Board. The Chairman stated the Board has the police list from the Division of Civil Service so that eight patrolmen can be hired. Chief Corr said he thought there would be trouble with Civil Service, but basically, there are two lists, an existing list on the first page and half on their second list. He stated it was his intention to pick only those people suitable to the Lexington Police De- Police partment, and he did not stop with the first list. He List investigated twenty who were eligible, and statSd he had made copies of the list, which he gave to the Board. The names crossed out with red lines were found to be on the Somerville Police Department, but would be will- ing to accept appointment in Lexington, so we crossed them off. The names are graded 1, 2, 3 and 4, and as the result of our oral interview, he wished to tell the Board all wanted to become Lexington Patrolmen. He has tried to judge them with the numbers 1, 2, 3 and 4; if there is a check on the extreme right-hand side of the list, he would recommend that they be hired, eight of the nine appointments. The 9th appointment is from the #3's, James J. Hodgdon, and he would recommend that he be appointed. Chief Corr stated he did pick all eight of the first twelve names. When he asked for the ten a few months ago, he realized they would only give us two names; there are nine vacancies to bring our complement up to forty-five. Anthony R. Anecone, (#4), we do not feel he is eligible; Pino not eligible; Arthur Johnson, not eligible, he has no driver's license. 36 ac N CI Mr. Sheldon asked under the circumstances, would Chief Corr anticipate any problem not picking all the first list. Chief Corr stated under the circumstances, we are hoping Civil Service will overlook this and give us the ones we pick. He stated what he would do, if the Board accepts his recommendations, will be to sit down andwrite a letter of every man he jumped over. The Chairman stated to appoint the ones he had picked, subject to ratification by the Civil Service. He asked if the names should be given to the press. It was stated two weeks' extension had been requested so there would be time for appointments to be made next Monday night. Mr. Sheldon said to tell Civil Service this is what the Board has voted to do, that he was opposed to have this in open meeting. Upon motion duly made and seconded, it was voted to appoint the list as suggested by Chief Corr, subject to ratification of Civil Service, appointments to be effective January 6, 1967. The Chair stated it would accept a motion that all Xmas metered parking be free until Christmas. In the past, it Xmas parking has worked out well that way, and if it has some park-' publicity, it would be helpful to the merchants as well. ing Upon motion duly made and seconded, it was voted that all metered parking be free until Christmas, effective Thursday, December 1 to December 25, 1966. Mr. Gray returned to the meeting and stated he could notigive the Board any definite information. Mr. Perry did talk to Mr. MacKinnon but got no definite answer. Lexington is to contact him. Mr. Sheldon made a motion that Town Counsel be Conservation authorized to exercise these options unless in his opinion Options one or both should not be. Mr. Legro stated the Board's suggestion is to proceed with the option pending the report of the Director o. Accounts unless anything further would be detrimental to it, and asked what the Board would like him to do if he didn't think it should be exercised. The West option is December 1. Mr. Sheldon stated there is no question on the other at the moment. Mr. Cataldo asked if there would be enough money, that they were $5,000 out of the way. $2,000 interest a year plus the taxes. 357 The Chairman stated the Commission has gone beyond the scope of the article, - $35,000 New Amsterdam and $10,000 Pihl land. Mr. Sheldon stated he thought he knew what the intent of Town Meeting was - in favor of buying this property. He said he would hate to lose one or both of these pro- perties. The Chairman stated he was not concerned with the criticism; staying within the law, it applies to both properties. Two pieces of property for $45,000 and they are limiting it to $35,000, cutting down a lot. Mr. Mabee stated why doesn't the Bad vote on the West property. The reply was there is a question on the West property; it is the one there is a question on from the Director of Accounts. Mr. Legro asked if it was possible to get an ex- tension of time for two weeks so that there could be an opportunity to meet with the Board to discuss the terms of this option. Mr. Sheldon stated he didn't feel there would be any problem. Mr. Legro said he felt it was meet advice to get an extension of two weeks. He stated he would work with the Conservation Commission to get an extension, that there are a good many things in the option which do not please him and do not please the Board on careful scrutiny; whether the expenditure of money for this is authorized under the law. The Chairman asked on the West option is there any reason to check the Bureau of Accounts, and Mr. Legro replied he would be glad to take a look at it. Mr. Legto retired at 8:55 P.M. 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 interest of the Town or the reputation of any person. Executive Following discussion with the Capital Expenditures Session Committee and discussion with Mr. Legro relative to a legal matter, the Chairman's report on the Salary Review Board meeting, and Mr. Cataldo's reference to the Hamilton and other properties, it was voted to resume the open meeting. 358 C9 Upon motion duly made and seconded, it was voted to adjourn at 11:05 P.M. j; KIP9,? A true record, Attest: �' ing CY rk, electmea The next regular meeting of the Board will be held on Monday evening, December 5, 1966, at 7:30 P.M. in the Selectmen's Room.