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HomeMy WebLinkAbout1964-01-13-min SELECTMEN'S MEETING January 13, 1964 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, January 13, 1964, at 7 :30 P.M. Chairman Cole, Messrs. Brown, Cataldo, and Burnell were present Mr. Gray, Executive Assistant, Mr Carlon, Superintend- ent of Public Works, and Miss Murray, Executive Clerk, were also present Hearing was declared open upon petition of the Lexington School Department for permission to store 15,000 gallons of #6 fuel oil underground on premises at 251 Waltham Street Mr McInnis, representing the School Department, was the only person present at the hearing. Notice of the hearing was mailed to the petitioner, Fuel oil owners of property deemed to be affected as they appear storage on the most recent local tax list, and also advertised in the January 2, 1964 issue of the Lexington Minute-man The application wrs approved by Chief Engineer Belcastro of the Fire Department. Upon motion duly made and seconded, it was voted to grant a license to the Lexington School Department to maintain an underground tank for the storage of 15,000 gallons cf #6 fuel oil on premises located at 251 Waltham Street. Hearing was declared open upon petition of the Boston Edison Company for permission to locate one pole on Wood Street . Mr. Serverson, representing the petitioner, was Pole the only person present at the hearing location Notice of the hearing was mailed to the petitioneri owners of the property as listed on the petitioner 's plan, and also filed with the Superintendent of Public Works . No one was present in favor or in opposition, and the hearing was declared closed Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the fol- lowing pole location Wood Street, westerly side, approximately 470 feet north at Massachusetts Avenue, -- One (1) pole. (This is an existing pole, no new pole to be set . ) ►q.7 civ 9ft Hearing was declared open upon petition of the Boston Edison Company for permission to locate three poles on Wood Street. Mr. Serverson, representing the petitioner, was the only person present at the hearing. Notice of the hearing was mailed to the petitioner, owners of the property as listed on the petitioner 's plan, and also filed with the Superintendent of Public Works . No one was present in favor or in opposition, and PP � Pole the hearing was declared closed. locations Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing pole locations : Wood Street, easterly side, northerly from a point ap- proximately 360 feet north of Massachusetts Avenue, -- Three (3 ) poles. Hearing was declared open upon petition of the Boston Edison Company for permission to locate a line of twenty-four wires on Turning Mill Road. Mr. Serverson, representing the petitioner, was Edison the only person present at the hearing. wire lo- Notice of the hearing was mailed to the petitioner, cations owners of the property as listed on the petitioner 's plan, and also filed with the Superintendent of Public Works . No one was present in favor or in opposition and the hearing was declared closed. Mr. Serverson explained that this road was accepted in 1961 as a public way and the company is just getting around to confirming its locations. Upon motion duly made and seconded, it was voted to grant the petition and sign the order for the follow- ing location of a line of twenty-four wires Turning Mill Road, at Grimes Road, a line of twenty-four wires Mr. Serverson retired at 7 :43 P.M. The Chairman read a letter from the Board of Fire Retirement Commissioners advising that Chief Benedict J Belcastro has requested retirement effective June 1, 1964. I 916 47 The Chairman read a letter from the Board of Fire Commissioners advising that it has received a price of $9,000 to trade the ambulance for a new 1964 Cadillac ambulance . The Chairman said this entailed inserting an article in the warrant . Article Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discuss- ing, deliberating, or voting on matters, which, if made public, might adversely affect the public security, the Executive financial interest of the Town, or the reputation of any Session person. Following a discussion with Mr. Carroll, Superin- tendent of Public Works, it was voted to go out of Execu- tive Session. Upon motion duly made and seconded, it was voted to grant the petition and sign the order of the Boston Edison Company and the New England Telephone and Tele- graph Company for the following j/o pole locations : Woburn Street, southerly side, approximately 118 feet west of Lowell Street, -- One (1) pole Woburn Street, southerly side, approximately 2t0 feet west of Lowell Street, -- One (1) pole . The Chairman read a letter from Donald N. Sleeper, Jr. , attorney for Mrs . Elsie M. Miller , 134 Burlington Street, relative to claim for damages and betterment assessment in connection with the installation of a sewer line. Miller Mr. Carroll explained the easement taken by the claim Town and stated that at the time, the Board decided there would be no betterments on the trunk sewer, and there were no betterments assessed on the taking. In discussing this with Mr. Stevens, at the time of the taking, it was felt that betterments should be assessed. The Chairman said the matter would be taken up with Town Counsel. The Chairman read a letter from Sanborn C. Brown, Chairman of the School Committee, advising that the Committee intends to insert an article in the warrant for the Annual Town Meeting for preliminary plans for a new elementary school scheduled for completion in 11 1967. 4J 01 Mr. Cataldo asked if the Board thought there was ( Meeting re any merit to having a meeting with the School Committee school plans and the Standing School Building Committee to discuss the use of one set of plans . It was agreed to have Mr Gray arrange a meeting on January 20 at 9 :00 P.V. with these groups . Upon motion duly made and seconded, it was voted Bond to approve bond in the sum of $5,000 on behalf of Julian A. Roberts, Deputy Collector . Upon motion duly made and seconded, it was voted that the terms of the individuals appointed to serve Conser- on the Conservation Commission would be as follows : vation Com- Jules P. Sussman, one-year term; Stephen F. Ells and mission William S. Richey, two-year terms, Francis W. K. Smith terms and Aiden L. Ripley, three-year terms. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on January 6, 1964. Upon motion duly made and seconded, it was voted to grant the following licenses : George R. Reed & Sons Common Victualler Trinity Pharmacy " It Early Bird Restaurant Sunday Sales Frankl*n J. Crosby Taxi Driver Edward S. Lenhoff " It Andrew J. Gnoza, III D rr " on A. Eriksson Mr Cataldo referred to the application for re- newal of a Taxi Driver 's license filed by Andrew J. Gnoza, III, and reported that he had received three calls about the way this individual operates a cab He said someone should talk to him or the cab company for whom he works The Chairman agreed to contact Mr. Gnoza. Mr. Burnell reported that the committee appointed to revise the General By-Laws would like to have an Article Article inserted in the warrant requesting an appropri- ation of $1300. He explained that it will cost approxi- mately $1,056 to print 2,000 copies and bind 500. At 8 30 P.M. , hearing was declared open on report received from the Alcoholic Beverages Control Commission that on or about 8:00 P.M. , Saturday, December 21, 1963, 49 Berman's Market, Inc. , Myer Berman, Manager, relative to sale and/or service of alcoholic beverages to a person Berman under twenty-one years of age hearing Mr. Norman J. Richards, attorney representing Berman' s Market, Inc . , Mr Myer Berman, Mr. Edward Berman, and Mr. William McMahon, Investigator from the Alcoholic Beverages Oommission, were present Mr. McMahon read a report he submitted to the Com- mission, in which he stated that he observed a youthful looking male get out of a car and enter Berman's store He came out of the store and Mr. McMahon identified him- self. The young man said he was twenty and purchased twelve bottles of Knickerbocker beer and had not been questioned about his age. Mr. McMahon said he entered the store with the young man, Mr. Furey, and asked him to identify the clerk who sold the beer. He was unable to identify him Mr. McMahon asked which one made the sale, and all clerks denied making the sale. In the presence of the clerks and manager, Mr. McMahon asked Furey if he made the purchase, and he said "yes", a purchase of of $2.64", This amount was still on the cash register and brought to the attention of Mr Berman. Mr. Berman re- funded the purchase price of the beer to Mr. McMahon and he in turn gave the money to Furey. ' The Chairman asked if Mr McMahon wa, the Inspector assigned to this area and he replied in the affirmative. The Chairman asked how long he had been in the area Mr. McMahon said he was in this area for a total of nineteen months . Mr.Norman J. Richards said he was representing Berman's Market, Inc . , and had discussed the matter with the manager and his brother He stated that Mr. Myr Bermanwas on the premises the night in question, December 21, 1963. At that time, there were four clerks on the floor, Mr Berman and another man downstairs All of the clerks are of full age Some of them have worked in the store for a number of years This was a busy period during which there is a lot of buying in package stores, but this particular evening was not busy. He said Mr. Berman did not himself, if this beer was sold, sell it to this man, and is yet unaware of which clerk sold it. At the time Mr. McMahon came in with Mr. Furey, he was unable or unwilling to identify who sold him the beer. Mr. Richards said that Mr . Berman has had a license since 1933 and he told Mr Richards he knows of no other complaints that have been made in connection with him operation. He has used, and is continuing to use, a ' system which he hopes to be foolprodf If anyone is 50 z C Cr suspected of being under age, they are asked to produce some type of identification. Usually they produce a driver 's license, but that does not always mean it is the license of the individual making the purchase. In every case, the procedure is that they are asked to write their name on a slip of paper which is then compared to the name on the driver 's license He explained that none of the clerks are handwriting experts but they do take a quick look. At the time they are looking at the license, they check the description. He said in the absence of a license, Army ID cards are produced. Once in a while, some come up with a birth certificate. He said an attempt is made to make sure the purchaser is of full age, twenty-one. He said, in this instance, as near as can be deterrgined , Mr. Berman has been aware that Mr. McMahon is active in the area. lie is also aware that the sale of a small amount of beer is not going to change his way of living. He said one of the problems they have to face is the problem of avoiding this type of thing from happening. The Clerks have been instructed to check the purchaser 's age if there is a remote suspicion. He said young people who come in with their parents or older persons are prevented from carrying liquor and the clerks carry it out rather than have minors carry it out. He said in this pa ticular instance, Mr . Berman had no way of deter- mining that went on outside. When this young man came back in, Mr. Berman did not recognize him. He said after Mr. McMahon came in, he checked again with all his clerks and none of them admitted, and the minor was unable to identify the individual who made the sale. Mr. Myer Berman said Mr. McMahon came in and said someone sold to a minor. Mr. Berman told him he was at the register and watched everything going in and out. The young man he brought in at that particular time, no one had ever seen. He said the $2.64 sale Mr. McMahon referred to was on the register and the sale was made to a young man checked twice and was over twenty-one years old. He said that sale was on the register be- cause Mr. McMahon came in about five minutes later. He said he never before saw the man Mr. McMahon brought in. He asked the young man Mr. McMahon brought in if any of the boys served him and he said he did not know. Mr. Berman said his clerks are instructed never to let a minor take anything outside, and they are instructed not to cash empty bottles brought in by boys for their parents . He said he discourages minors from coming into the store. Mr. Richards stated that Mr. Berman is well aware of the statute as far as minors are concerned, in both the sale and delivery to minors. ; l ' Mr. Richards said thane who no reason, to to qiest ion Mr. McMahonts report . He is on the job not only to do the job he is employed to do, but to help everyone on the highways, etc. He said the question of selling to a minor is becoming more and more of a problem. Mr. Richards said he thought the Board must consider this was not intentional. There certainly was no intent. The amount of money involved and the fact that Mr. McMahon has been checking, Mr. Berman is not going to sell under price or to minors and jeopardize the business he has had very successfully for a great many years. He said the whole report was not known by t_Aem until tonight . He said as near as can be determined, Mr. Bearman does hot know who made the sale . The clerks have a job and don't want to put it in jeopardy. The Chairman asked if most package stores use the system of checking as described by Mr . Richards, and Mr. McMahon replied that a number of stores use it . The Chairman asked if there was any other way they could check Mr . McMahon replied that they could go to more ex- tremes , but he doubted if they would bother . They can ask for more identification, ask for the telephone number, call up and speak to the mother. The Chairman said no one in the business does this, and Mr. McMahon replied in the negative . He said some ask the minor to sign a st?tement . Mr. McMahon said, he thoua;ht , the identification on the license and signature was adequate. This fellow had a license. Mr. McManon said the commission has a could take these cases to court . In this case, he mentioned to his 6hiaf Investigator that he thought a hearing before the local Board would be enough He said the commission is getting away from going to court , but police complaints always go to court Mr . Cataldo asked if this was the first purchase Furey ever made. Mr. McMahon replied that he did not ask him. Mr. Cataldo asked if Mr. McMahon could give the Board a description. Mr. McMahon said he was 2bout 5'11", blond hair, stocky, ruddy complexion and he believed he had blue eyes. The Chairman asked Mr . Berman to draw a sketch of the store entrance, the cash register and the beer counter. Mr. Burnell asked if when Mr. McMahon talked to Mr. Berman about the sale in the register that Mr. Berman refunded the money. r' z Cr Mr Richards explained that Mr. Berman refused to refund it to the minor At Mr. McMahon's request, he gave $2.64 to Mr. McMahon who later probably turned it over to Mr. Furey Mr. McMahon asked Mr. Berman where he was when he, Mr. McMahon, entered the store. Mr. Berman replied that he was in back of the counter. Mr. McMahon said Mr. Berman was in his office in the side room and was called out front He said when he questioned the clerks and asked where the manager was, Mr. Berman was in the office and was called out. He asked if Mr. Berman recalled that. 1r. Berman replied in the negative He said he recalled Mr. McMahon coming up to the register and asking him to give the young man his money back Mr. McMahon asked how Mr. Berman could account for the fact that he had twelve bottles of Knickerbocker sale for $2.61. Mr. Berman said another fellow made that purchase and he wa- right there, not the same fellow Mr. McMahon came in with. The Chairman asked if Mr . Berman remembered the fellow's name Mr. Berman said that he knew Mr. McMahon was out there Mr. Cataldo asked if there was anyone else with Mr. Furey Mr McMahon replied in the affirmative and said he remained in the car Mr. Cataldo asked if Mr. McMahon saw Mr. Furey go in and if anyone else went in. Mr. McMahon said he saw Mr. Furey go in. There were two or three other fellows who went in. Mr. Brown asked, when Mr. McMahon brought Mr. Furey in, what Mr. Berman would guess his age tobe. Mr. Berman replied twenty or twenty-one . He said he positively would have questioned him. The Chairman declared the hearing closed and stated that the Board would take the matter under advisement and let all concerned know. The group retired at 8 :59 P.M. Mr. McMahon remained at the request of the Chairman. The Chairman said this particular case was the first one against Mr. Berman that the Board is aware of and asked if Mr. McMahon ran into similar situations often in this area. Mr. McMahon said he has had about four . He has over 300 licenses, probably seventy-five or eighty package stores The night of December 21, he was to watch the r4) of;n store half an hour and leave. He said it is difficult to watch them all the time . He said he got a whisper from someone this fellow might sell to a minor, but has not been watched as much as he would like the Board to believe. Mr. Burnell said this is the first time he has set in on such a meeting and his impression is that Mr Berman has not been observed in a similar situation before He said his feeling is that someone such as Mr. Berman who has not had a record could be reprimanded and told very definitely not to let this happen again. He asked if this would be the wrong approach. Mr. McMahon replied in the negative and said he did not think so. He said some Boards issue a warning, some issue a suspension and suspend the suspension, and others issue a suspension Mr. McMahon said when he first came into this area, he went in and made himself known to all the licensees and told them he would be around looking for violations . They all know he is in the district. The Chairman asked if the Board should notify Mr Mahoney of any action taken. Mr . McMahon replied that is the usual procedure . Mr. McMahon retired at 9:15 P.M. Upon motion duly made and seconded, it was voted, as a result of the hearing, to find Berman's Market, Inc . , Myer Berman, Manager, guilty of violation of Section 34 of Chapter 138 of the General Laws , sales and/or service of alcoholic beverages to a person under twenty-one years of age, on Saturday, December 21, 1963, on or about 8 :00 P.M , and further voted that in view of this finding, to warn Berman's Market, Inc , Myer Berman, Manager, that any further violation will result in suspension or re- vocation of his license. The Chairman said that the Board should suggest a name to the State Housing Board as the fifth member, Lexington and he mentioned Paul G. Yewell. Housing Upon motion duly made and seconded, it was voted Authority to nominate Paul G. Yewell, 6 Leeland Terrace, and to so advise Mr. Christopher J. McCarthy, Director, Lease and Occupancy, State Housing Board The meeting adjourned at 9:50 P.M. A true record, Attest : 1 /L / 121 ,4 ( 7eive�,G�ler , Select n IGL`x - 4