Loading...
HomeMy WebLinkAbout1967-01-03-BOS-min 397 SELECTMEN'S MEETING January 3, 1967 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 3, 1967, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Mabee and Sheldon were present. Mr. Legro, Town Counsel, Mr. Carroll, Super- intendent of Public Works, Mr. Gray, Executive Assistant, and the Acting Clerk were also present. Hearing was declared open upon the application of the Boston Edison Company and the New England Telephone and Telegraph Company for the installation of one pole on Westview Street. Notices of the hearing were mailed to the peti- tioners, owners of property as listed on the petitioners' plan and also filed with the Superintendent of Public Pole Works. location Mr. Pratt, representing the Boston Edison Company, was the only person present at the meeting. He stated the petition was for the relocation of a pole at a new building on Westview Street, Weston Rotek. No one was present in favor or opposition, and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition and sign the order for the following JO pole location: Westview Street, southeasterly side, approximately 1,235 feet southwest of Bedford Street, -- One (1) pole. (One existing JO pole to be removed.) At the request of the Town Clerk, Miss Mary R. McDonough, two jurors were drawn, as follows: Norman Jurors E. Buzzell, 21 Ledgelawn Avenue, and John E. Roberts, 53 Munroe Road. Mr. Gray reported that Mrs. Morey had been in to see him with regard to obtaining permission for the Historical Society to locate the case for the Artifacts in the lobbey of the Public Facilities Building. She Artifacts 398 CAD C3 reported they now have a case 6 feet x 40 inches high, with three shelves, and the Society will assume all the responsibility for it. Mr. Sheldon asked if her request covered temporary or permanent use of the space. Mr. Gray replied he did not think it was on a permanent basis. Mr. Sheldon asked how long it would be there, and Mr. Cataldo replied Mrs. Morey stated she would have it moved at the request of the Board, and he could see no harm in having it there on a temporary basis. Upon motion duly made and seconded, it was voted to give permission to the Historical Society to locate the case in the lobbey of the Visitors' Center Building on a temporary basis, the case to be removed at the request of the Board of Selectmen. Mr. Gray reported some time ago, the Board voted to sell lots on Grassland Street to Peter Sowkow, Valleyfield Street. Mr. Sowkow has to move the houses, and has requested permission to move the house onto the lot before final papers are passed. Mr. Gray said he Grassland had received a letter from Mr. Sowkow's attorney re- Street lot questing this permission, stating that the Town will be released from all responsibility for damage to the house before title is passed. Mr. Legro felt the Board of Selectmen couldn't do this, and asked how long it would be before it was con- summated. Mr. Cataldo asked what was holding this up, and Mr. Carroll stated one of the conditions was the plan of the easement. Mr. Sheldon stated he does own a lot next to the Town's, and if he gets permission from the Building In- spector he could put it there. The Chairman said there was not much the Board could do at this point, and Mr. Gray said he would talk to Mr. Sowkow again and get the plan. Mr. Gray reported receipt of a letter from the Minute-man Publications, which he read to the Board, Addresso- relative to the addressograph plates of the Town's graph voting list, which he stated would not be handled by plates them when they get into their new building. Mr. Sheldon stated someone has to provide that service. 1 399 Mr. Gray said he had a call from the Lexington Press, Gardiner Maxey, stating he would purchase the plates and carry on the addressing of material for the Town. Mr. Sheldon asked about the price, and said the service would have to be available to the Town at a reasonable price, and asked would Lexington Press continue at the same rate. Mr. Cataldo stated if the Town goes to data pro- cessing, it will have no use for them, and Mr. Gray said Mr. Perry stated there is nothing firm at this time. Mr. Mabee suggested holding this up until the Board gets more information, and Mr. Sheldon agreed. Mr. Carroll said last week the Board approved a request for a transfer of $7500 for Personal Services. Since then, they have done figuring and the figure is $6,199.99. He stated he had talked to Mr. Perry and Transfers he is calling the Appropriation Committee and getting its approval. He said he would talk with him again. About the other figure he requested, he stated they would not have to have the transfer if there is enough money in the Reserve Fund, that they would not have the figures until tomorrow night. Mr. Legro said this required the approval of the Director of Accounts. Mr. Gray replied if it does not exceed the Reserve Fund, it will be all right. The Chairman read a letter from Harold L. Brehm, D.B.S. , relative to snow removal on Wallis Court. Mr. Carroll stated it is a policy decision of the Snow Board, and stated he estimated it would cost roughly removal about $120 to remove the snow from Wallis Court. Mr. Cataldo asked if the Town picked up snow from Muzzey Street, and Mr. Carroll replied it is picked up on all the business areas. Mr. Sheldon asked if Wallis Court was basically commercial, and Mr. Carroll replied a great portion of it is with the new building in the middle, the Barrett Press. Mr. Carroll felt it is a reasonable request to pick it tp. Upon motion duly made and seconded, it was voted to grant Dr. Brehm's request to pick up snow on Wallis Court. TUU 3 NQ n The Chairman referred to the letter from C. F. Mistretta, District Highway Engineer, relative to the removal of the tree on Massachusetts Avenue. He stated Federal Aid this had cost the Town $50,000 for not removing the tree, Mats. Ave. and asked Mr. Carroll if he was not correct. Mr. Carroll stated Mistretta had recommended to the Chief Engineer that the Town not get Federal Aid until the tree was removed. Mr. Sheldon felt the Board should wait until it hears from Mr. Horgan. It was the consensus of the Board that before any decision is made, a letter should be received from the Park Commission. Letter from the Lexington Junior Chamber of Com- merce relative to the annual presentation of the Distinguished Service Award to an outstanding youngman Distingu- of 1966, was read by the Chairman. ished The Chairman advised that this letter would be on Service file for any member of the Board to consider. Award Upon motion duly made and seconded, it was voted to approve the following Common Victualler licenses, Licenses all having been approved by the Board of Health: Anthony's Restaurant Common Victualler Renewal Colonial Coffee House " " " Geo. H. Reed & Son, Inc. " " Bakeri, Inc. " " " At 8:00 P.M. , a hearing was scheduled for the Battle Green Motel Liquor License. The Chairman read the appli- cation and stated this motel qualifies under the Act passed by the Legislature. He stated proponents would be allowed to speak, then opponents, after which any questions would be answered. The Board will then take the matter under advisement. Anyone wishing to speak would please identify themselves for the record. Mr. Hugh Mulligan, Attorney, 281 Massachusetts Avenue, Arlington, Stated he represented the owners of the Inn. He said the Battle Green Inn is located in the heart of Lexington and is one of two motels which would qualify. The motel is described in the application filed with the Board of Selectmen, and he described the building. He said they were asking permission to serve all kinds of liquor seven days a week, with room service. It proposes food to be served on a room service basis as in any hotel. 401_ He said the changes that would be required are minimal to accommodate service of liquor. A small service bar will be installed in the main dining room and a small divider, and basically that is all that will be required in regard to physical changes. He said the Battle Green Inn license is a matter of the Board's good will toward them. They intend to increase the quality of the good, and hope to make the Inn a substantial part of the community and a satisfactory place for the service of transients. He stated Lexington has been an attraction for tourists and the intention is that the Inn can serve the people who come to Lexington. The obtaining of the license would assist in promoting the service of the Inn in general. The restaurant business is difficult, and the profit margin that liquor can add to the restaurant business is to be desired. He said his clients ask the Board to approve the license. He stated they have not seen fit to make a coverage of the neighborhood, as they feel first of all, all the vote of the Town speaks for itself. However, they have spoken to Mr. Spencer who owns the funeral home and he has no personal objection. He said if there were any questions, he would be glad to answer them. The Chairman asked if notices were sent to the abutters and asked if he would file them with the Board, and Mr. Mullggan gave him the receipts. The Chairman asked if any member of the Board had any question at this time. Mr. Cataldo asked what the hours would be that they would serve, and Mr. Mulligan replied, basically, they plan to serve as long as the kitchen is open; they would close when there was no more business. Under the statute, the time limit is 1:00 A.M. , and 12:00 midnight on Saturdays. They intend to keep the dining room open as long as there is public to accommodate during those hours, subject to the Board' s approval. Mr. Mabee asked how they planned to serve liquor to the transients in the rooms, and Mr. Mulligan replied generally they ask for a liquor room service. At present, beverages with food will be served in the rooms, and they will be guided by the Board's feeling in the matter. He said he thought this was generally the type of thing done in a hotel and stated room service does not comprise a substantial part of the business. He said there is no real discrimination, and it means around this area a hotel with parking. He said he thought the wording of the statute seems to contemplate residents of the Town can 2102 ca rl vote to grant a liquor license to something that would have the substantial aspect of a hotel, a hostelry with rooms and a dining room of so many persons. It was merely that food would be served every time liquor was served, and he felt there was not much difference between motels and hotels. The Chairman asked if there were any other proponents, and stated this part of the hearing would be closed. He then asked if there was anyone in opposition. Mnl Ralph DiNunzio stated what the motel would desire in relation to the license is an unfair advantage over the other dining rooms in the area. He said the motel people close the dining room at 9 P.M. Now it will be open until 1:00 A.M. He said he thought other eating places should be given the same rights. The Chairman explained the questions on the ballot and stated that the voters did not have the right to vote for anything else, other than taverns, and they could have voted for taverns. Mr. Abraham Wise, 30 Waltham Street, an Optometrist, stated he has his office in the area. He questioned the entrance on Waltham Street, and stated no one can go in from Waltham Street. He also wondered about the procedure of the door, and stated his office is right next to the door, that there are no signs on his door, and he would hesitate to have people coming in for a drink. He stated he had no objection to the door or to the motels serving liquor, but he was concerned about the door itself, and what hours they will have with the service of liquor. Mr. Mulligan stated he appreciated the Doctor' s pitoblem, and said with regard to the door on Waltham 6treetry, that is etrictlye' rerexit; it-has the aspect of a door, and he would take caution to specify it as such, that it will not be an entrance. He stated as far as the opening hours, the statute refers to 11:00 A.M. , but the owners have no strong feelings as to that hour, they would have cocktails with luncheon. The Chairman stated they are applying strictly to statute. He stated if there were no more in opposition, this part of the hearing would be closed. Mr. James Storer, Pleasant Street, stated he thought the question is a matter of concern to this Board. It was in the province of the legislature to specify the questions on the ballot and the voters to find out an affirmative vote. He did not feel they could argue on competition and what is fair and unfair, and any problem on which there is a question, the Board has to draw the 4103 line somewhere and the voters have decided in this case. tnotThe Selectmen should have the right to hear the motels; it should affect the application of those who qualify. He said there may be some problems and there are many people who would like to have a license, but the fact remains they have no license. He felt it was beyond the province of this Board to decide a question like this, that it had been left to the voters to decide. The Chairman asked if there were any further questions, and declared the hearing closed. He stated a decision would be rendered in the near future. Mr. Mulligan retired. Mr. Alfred P. Tropeano met with the Board and stated he wished to supplement remarks with regard to Hartwell Avenue, sewer and water installation. He stated he did not know until today, when Mr. York informed him, that the warrant closed tonight. He stated Roberts Brothers re- presents Itek, and said he talked with them on the 'phone. He stated they have suspended work until water and sewer would go in, and said Mr. Roberts did state as soon as they are assured, an arrangement with Itek can be consummated. He said the other prospect is from Instru- mentation Lab, Inc. They are working on plans made with the Planning Board, and if voted in the March Town Meeting, within two months after the vote, they will be willing to accept title and proceed with construction after the Town has voted the contract for installation. This would be a 64,000 square foot building, completely erected within two years. There would be two buildings, both completed within five years, 200,000 square feet of building on this parcel of land, subject to the Town voting the utilities. He said the building must be completed by 1968, and would like an Hartwell article to be inserted in the warrant. Avenue Mr. Cataldo asked if this would be considered as a special article and asked if Mr. Carroll had a plan of where the buildings will be located. He asked Mr. Tropeano if Mr. Carroll could have a plan of the land and where the buildings would be located. Mr. Tropeano stated they have talked with the Plan- ning Board, and Mr. Cataldo said the plan could be rough, just as long as the Board knew what parcel. Mr. Sheldon stated before Mr. Tropeano goes to the Appropriation Committee, there should be a decision on what is to be adopted, that he should go with the final determination. Mr. Tropeano said they also had a project to connect the lower side of Hartwell Avenue, but this Instrumentation 41041 ca Lab was the only firm one. He gave the name of McCall, Liggett and Warner. M*r Sheldon stated he felt the Board needs this information and cost figures from Mr. Carroll, and Mr. Carroll said he had something in his budget. Mr. Tropeano asked to have something in the warrant so he could assure Instrumentation Lab. Mr. Cataldo stated the Board will insert the article, but he did not know whether the Board would support it or not. Mr. Tropeano said he would have much more to give to the Appropriation Committee. Mr. Cataldo moved that articles be inserted in the warrant to cover this, and it was so voted. Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if made public, Session might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following discussion with Mr. Crush, Chairman of the Board of Assessors, it was voted to resume the open meeting. The Chairman read a letter from the Conservation Commission, together with enclosures, relative to the New Amsterdam property. Mr. Legro stated he thought it was quite fair, subject to what the Board of Selectmen wanted to do about it. The situation is not in the state until the decision is made by the Board. New The Chairman read both enclosures, letter to Mr. Amsterdam Samuel Cohen and his reply to the Conservation Commission. property He stated the Conservation is interested in purchasing land upon which options have expired, and stated it is the Board's decision whether it wants to purchase the land. Mr. Sheldon stated a new article should be inserted and a new option obtained, that he was in favor of that procedure. The Chairman asked is the Board going to make a decision to exercise the option that does not exist. Mr. Mabee asked if the attorney had been contacted. Mr. Sheldon stated he thought Town Meeting voted to acquire this land, that it was the sense of the Town Meeting to buy it, and he felt it was the Board' s duty to do it; that an option should be obtained. Mr. Mabee agreed and suggested that Mr. Gray get the option. 05The40r- The Chairman said he did believe the intent of Town Meeting was to acquire this land, and an article could be put in for whatever amount is necessary to consummate. Mr. Sheldon said he felt it should be suggested to put an article in and have them secure an option. Mr. Cataldo asked what is to prevent the Board from getting an appraisal and making a taking, that he could not see going beyond the price. Mr. Legro stated he thought the article included taking by eminent domain. Mr. Sheldon said it was bought under Conservation. Mr. Cataldo stated he could not see spending any more money, that he could not see going beyond the price. Mr. Sheldon moved the article be inserted, and it Appraisal was so voted. Mr. Sheldon said the Board wants another appraisal, and he would say to get another, and Mr. Cataldo said to get another appraisal through Town Counsel, and it was voted to get another appraisal through Town Counsel. The Chairman read a letter from the Conservation Commission relative to a small parcel of land on Grove Street. Upon motion duly made and seconded, it was voted Article to insert an article in the warrant to acquire this parcel. The Chairman read a letter from the Conservation Commission relative to its Expense budget and the West Farm fence. M . Sheldon made a motion that their appropriation be increased to $1500, Mr. Cataldo suggested taking it up at budget time. The Chairman said the Board could either put an article in the warrant or increase the budget. Mr. Sheldon suggested increasing Mr. Carroll' s budget in the necessary amount; to add it to the Park Department budget. The Chairman referred to the letter from Mr. Burrell, Civil Defense Director, enclosing the report relative to Natural Disaster Emergency Operating Center, held over from the last meeting. He said he presumed the Board had read the report, as copies had been sent to each member. He said the Board should make a policy decision. Mr. Burnell said the Board had already done this. 406 NQ The Chairman stated as far as organization is con- cerned, the Board has to make all appointments, and said Mr. Burrell' s recommendation was the Wire Inspector. He said he felt Mr. Carroll' s Department should be the one to handle it, as he is dealing with the electric, gas and telephone companies, someone in his department to be the coordinator. Mr. Carroll felt someone in his department might not have the knowledge. Mr. Sheldon thought this matter should be discussed with Mr. Burrell, that it had merit, and he suggested that Mr. Gray talk with Mr. Burrell. Mr. Gray felt it should be discussed with the Chief of Police, Fire and Mr. Burrell, and get this matter straightened out and have it clarified; what is considered an emergency, attend meetings, etc. The Chairman referred to the Subdivision Regulations, submitted by the Planning Board and held over from the last meeting. The items were discussed separately. Mr. Cataldo asked, with regard to a. , how much would this cost the Town, and Mr. Carroll replied he would have to bring in the information next week, but it would cost the Town money, that the Town does not pay for the poles at the present time; that the subdivider does the under- ground work. Mr. Sheldon stated the Town would ;still have to bear this expense. With regard to b. , 42 feet diameter grass islands in the center of turnaround circles, Mr. Cataldo asked what condition they were in, and Mr. Carroll said the Town just seeds them. The Chairman said there was the problem of snow plow- ing and maintenance of it. Mr. Sheldon felt the Board could get all the facts but the Planning Board would do what they wanted to do. Mr. Cataldo felt the Board should be recorded. Mr. Sheldon thought it was a good idea and would go along with the problem of maintenance. Mr. Cataldo asked how much pressure would be brought on these that are going now, and Mr. Carroll replied it was difficult to say what this is going to cost but it certainly would add some amount of labor to his budget, that it would add thousands of dollars. Mr. Sheldon stated it is the sense of this Board that it has no objection but wished to point out the additional cost and requirements for maintenance which 407 will develop in the forthcoming years. It was so voted, Mr. Cataldo and the Chairman wished to be recorded in opposition. Mr. Mabee stated, with regard to c. , he could recall the Planning Board turning down the development of industrial property, but said he would like to support this even though it costs the Town money. Mr. Carroll asked why the same result couldn't be accomplished by putting in a 44-foot road, with planting on either side. Mr. Cataldo asked why it couldn' t be land strip without grass strips, with a ground cover. Mr. Carroll wondered how this could be accomplished, and stated it would have to be maintained. Mr. Cataldo asked why it couldn' t be planted with any type of evergreens Mr. Sheldon suggested to go along with planting in the center strip, planting alongside. The Chairman referred to the letter from the Planning Board relative to Zoning changes, held over from the last meeting of the Board, and asked for an opinion from the Special Board. Town It was the consensus of the Board that the Special Meeting Town Meeting was a good idea, and suggested informing the Planning Board that this Board will be more specific as to the date, but it would be no earlier than June 5, and it would be willing to try it on a one year basis. The Chairman read a letter from Mr. Alfred L. Viano, Chairman of the Lexington School Committee, submitting two articles to be inserted in the 1967 Town Meeting. Articles Upon motion duly made and seconded, it was voted to insert the twoarticles as requested in the letter from the School Committee. Upon motion duly made and seconded, it was voted not to insert the Structure of Town Government Com- Article mittee' s article relative to a permanent building committee in the warrant for the March Town Meeting. Upon motion duly made and seconded, it was voted to insert an article to amend the General By-Laws. Article 4108 CI Mr. Francis McNamara, Joseph Road, who was present at the meeting when the list of articles was discussed, stated that he was concerned that there was no article Article - pertaining to the Adams School P.T.A. fence. Adams Mr. Mabee suggested that the warrant be left open School for another week, and if an article is brought in for fence this fence, it will be accepted. The Chairman stated the Board set a deadline which applies to all major Town Boards, and he did not think it would be fair to them or other citizens' groups to allow a little latitude in one particular case. Mr. Mabee moved to hold the warrant open specifically for this one article, Mr. McNamara being here in person, relating to the fence for the Adams School, and it was so voted. Mr. Cataldo was recorded in opposition. Widows' Reference was made to an article establishing pension pensions to widows of Town employees who are not in the article Contributory Retirement System. An article will be inserted to cover this item. Mr. Cataldo stated, as the Board knew, the Town had been a part of the Incinerator group, and is not Inciner- to be accepted until January 11. He stated as the ator deadline is tonight on articles, two articles are Articles needed in the warrant: 1) To become part of the Planning District. 2) Appropriation Upon motion duly made and seconded, it was voted to reserve space in the warrant for two articles. Mr. Cataldo referred to Worthen Road, the access between Marrett Road and Pleasant Street, both ends Worthen are town-owned. He stated no matter what concept is Road accepted by the Town, the Town would have to design the two ends, and he felt some thought should be given to designing the two ends at this point so if a sub- divider comes in, it could be constructed this way. He said this has nothing to do with the connector. Mr. Sheldon asked how much was involved. Mr. Carroll submitted a plan which the Board dis- cussed. Mr. Sheldon stated the Town would have to build it in any case, and asked if it would serve any useful purpose, and Mr. Cataldo replied, access to the school. 409 Mr. Cataldo said if the Board wants to consider any preliminary design, it should go to Town Meeting with it. Mr. Legro retired at 10:45 P.M. Mr. Carroll said he would say $5,000 for doing pre- liminary design on both sections. Upon motion duly made and seconded, it was voted to go to Town Meeting. A Mr. Gould, Pleasant Street, present at the meeting, stated he would like to get a clarification on what this $5,000 would cover, just the extreme ends of the road, which is Town property, and there is no plan for a road at the present time. If there is no plan for the road, it does not make sense, and asked why the Town should have to go to the expense of doing engineering now. The Chairman explained the requirements of the Planning Board and stated Worthen Road was to be built without expense to the Town. Mr. Cataldo referred to Lexington Center, the Central Block. He said they had talked to the people of the Central Block and he stated it doesn' t look as if anything would happen. He felt it should be found II out what the situation is, what is going to happen and Article - what they have in mind, and an article should be put in Central the warrant. Block Mr. Sheldon suggested reserving a space for the type of article needed; and if after the expiration, an article was inserted, it could be withdrawn. Mr. Gray stated he would like to remind the Board to insert an article for a traffic study for Hartwell Avenue, Bedford Street area, and the Chairman stated Article - also Massachusetts Avenue and Pleasant Street area. Traffic Upon motion duly made and seconded, it was voted Study to insert an article for a traffic study for Hartwell Avenue and Bedford Street area. The Chairman spoke of the Massachusetts Avenue and Pleasant Street area, and said he had talked to the Planning Board. He said this area would be changed, and asked who makes this traffic study. Mr. Sheldon asked how much money is involved, and Mr. Carroll stated he was not sure, 128, Bedford Street, Wood Street, Hartwell Avenue, they were talking $5,000 or $6,000. He said if the Board is talking of an overall study of Emerson Road, it is pretty broad. Define the I II limits. 410 co N n Mr. Carroll said, with respect to Worthen and Emerson Roads, $15,000, that he was just guessing. II Upon motion duly made and seconded, it was voted to put it on the warrant, and the Board would consider it at budget time. Mr. Cataldo stated a good study should be made or it shouldn't be done. 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 Following discussion with Mr. Carroll relative to an employee, acquisition of land with Mr. Gray, it was voted to resume the open meeting. The Chairman stated the Board had to make a decision with regard to item #2 on the agenda, Battle Green Motel liquor license. It was stated this is the first liquor license of its kind in Town, and felt the stricter the Board was, the better off it would be; that the bar should be open Battle only when the dining room is. IIGreen Mr. Cataldo stated the hours should be. 11:00 A.M. Liquor to 11:00 P:M. every night, no later than 11:00 P.M. and License they can serve until the dining room closes. It was the consensus of the Board that the fee should be $2500. Upon motion duly made and seconded, it was voted that the hours for the Motel would be 11:00 A.M. to 11:00 P.M. every night, no later than 11:00 P.M. , except on Sunday the hours should be 1:00 P.M. to 11:00 P.M. Upon motion duly made and seconded, it was voted to adjourn at 11:35 P.M. A true record, Attest: ey , / _ . , ' telt C rk, •,electmei