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HomeMy WebLinkAbout1962-04-09-BOS-min 1 SELECTMEN 'S MEETING April 9, 1962 A regular meeting of the Board of Selectmen was held in the Selectmen ' s Room, Town Office Building, on Monday, April 9, 1962, at 7:30 P.M. Chairman Adams, Messrs . Richards, Burnell and Cole were present . Mr. Stevens , Town Counsel, Mr. Staples , Execugive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present . Mr. James J . Carroll, Town Clerk, met with the Board for the drawing of three jurors . The follow- - ing individuals were drawn for jury duty: Earl W . Jurors Stevens, 73 Buckman Drive; Charles L Spencer, Jr. , 8 Cary Avenue and Merton H. Jillson, 2C Richard Road. Mr. Carron retired at 7:3h P.M. Mr. Stevens referred to the garbage contract and reported that he did not have the insurance certifi- cates but has been assured by the broker that he will have them in the morning , :with the exception of Work Garbage men ' s Compensation. Contract Upon motion duly made and seconded, it was voted to sign a contract between the Town of Lexington and Stanley Roketenetz, Inc . , for the collection of garbage for a two-year period at a price of $38,000 for the first year and $38,500 for the secondyear; Mr . Stevens S to told all copies until the reai'._rec insurance certifi- cates '_!ave been received. Letter was received from the Planning Boarad- vising that o-tions have been obtained from the Goodrich brothers, E. Lester and Lloyd C . , to - urchase land refer- red to in Article 38 of the Warrant for the 1962 Annual Options Town Meeting and from Mary A. Hennessey to tu.rch_ase real estate referred to in Article 39 of the same Warrant . Upon motion duly made and seconded, it was voted to exercise the options; Mr. Stevens to prepare the in- struments for the Board' s signatures . Upon motion duly made and seconded, it was voted to sign a deed, prepared by Town Counsel, conveying lot Tax title 23, block 89, Garfield Street, to Joseph E. Casey and Mary C . Casey. The Chairman read a letter from David A. Washburn 348 ;ett'_eneni. of 267 Waltham Street , rejecting the Board' s offer of ' 0 claim re- in full settlement of claim for damages in connection ected with the Worthen Bc _... project . The Chairman read a letter from Mr . Irwin,' n, Bui-id- ing Inspector, advising that Mr . John L. Douglas made application on February 26, 1962 for alterations within the present nursery building at- 1265 Massachusetts Avenue , plus the addition of a lean-to greenhouse . Mr. Douglas Lexington was informed that the addition of a greenhouse would re- Nurseries quire permission from the Board of Appeals . Later, t'+e same day, Cataldo appliedfor Mr. a Board of Arnealsffi hearing for .;he lean-to greenhouse . 1n make a final inspection, Mr. Irwin noticed that the lean-to greenhouse had been erected; the hearing for which is scheduled for April 2h. It was suggested this information n submitted � that i__L O.ia�...G be ss the Board of Appeals . -. The Chairman said that h. sign being maintained should be located by the Town Engineer and more in' orm- ation obtained from Mr. Irwin. Mr. Richards said the question of the sign is a separate matter and the Board should not become involved in that now, it was left that Mr. Staples was to obtain information from Mr. Irwin as to the type of construction, location, whether or no the structure is to be temporary, etc. , and asi. the owner of the building and the builder to meet with the Board. Decision pertaining to water holes andoren wells in the Utica Stre - area was held over until the next meeting of the Boa_ .. Letter was received from Charles M. Blake stating that on February 15 sidewalk plow hit the front of his building causing damage which he had repaired by n r.im Custance Broth; -rs at _ cost of B31.53, ;F y Carroll stated thst the building had been hit and this should have been taken care of before . ',r.Staples was requested to find out who owns the building. Messrs . Stevens and Carroll retired at 8: 10 P.M. Mn . Charles F. Hurley, Manager of the Lexington . Inn, Inc. , Mr. Finnerty, who operates he diningroom James . andMr. ._ � J. Reagan, attorney, met with the Board. 349 Mr. Reagan stated that Mr .Finnerty is the lessee of the dining room area and of the function rooms at the inn. Some tine back, he went to Mr . Hurley, his client, and stated he would like an arrangement whereby he could have liquor lockers for patrons of the inn. Mr. Hurley requested Mr. Reagan to give him a legal opinion as to the legality. As a result thereof, he did check the law and contacted the PBC and found the set-up as stated to him was legal. He reported that Lexin`"i�o Ir :, he told Mr. Hurley and Mr. Finnerty was allowed to do it . He said they want to cooperate with the Board, the police, and any other :gencies . Whey would like to know what would be :....acceptable to the Board, where the lockers could be kept, and how the patrons of the Inn could consume their own liquor. He asked upon what conditions would this be permitted. The Chairman said he was surprised to learn liquor was being served in the dining room. Yr. Finnerty said the liquor is kept in the lockers not visible from she dining room. A member comes in wit :his own key, te__es out the bottle and is supplied with g1nor and ice . The Chairman asked if bottles ase on the table and Mr . Finnerty replied _ at they are on the side. The Chairman said he thought the police had re- c• eived a complaint . Er. Finnerty said the police said they had a cc'aple of complaints and went up to investigate the liquor situation and voiced an opinion that they did not think it should be done in the future. Mr. Finnerty said this is something that the public demands especially at dinner in the evening. He said he realized he is in a dry town but they are business- men and trying to make a living. Hee suages-tad moving the lockers to another area, behind a closed door that would say' i?For Members Only" or whatever would be per- missible . Mr. Reagan said that as long as liquor is not kept for sale, it is all right according to the ABC . Mr. Richards said she Board wants to cooperate and he assumed that some arrangement for wedding parties , which are strictly private, would be all right . The Chairman said he did n.ot see how the Board is in any position to grant permission it is either legal or it isn ' t . Mr . Reagan agreed and said. it was up to the Board of Selectmcdn. He said he did not want any trouble . The Chairman said the Town votes every two years and has been emphatic in rejecting open sales of liquor 350 0•c in public places . Mr. Reagan asked about setting. a private area apartfromthe public dining room, ,_nd the Chairman,-man said he did not see how the Board is in any position to give _ ermissio. Mr. Ri .w Saivi t is his Opinion thai, this is establishing a dangerous and very unpleasant precedent . He said -people in the Town have, ever since therepeal of prohibition in 1932 or 1933, voted that there would be no serving of hard liquor. He stated that he felt the use of lockers is a means of evading the law. They provide the locker owner or lessee with an opportunity to drink l' .:.or in a public dining room. He said he did not see how locating the lockers in a different part of the Premises , ould ease the situation and he personally would not participate and advised, Mr. Finnerty to cease and desist now. . Hurley asked about a fourth question on the ballot and Said a State r pres_n..ative _.J1d him it night be possible. The 'Chairman said he thought it might stand a very good chance but it would have to be done on the State level. He suggested that she Hotel Association pursue the matter. Mr. Burnell said he agreed with Hr. Richards and he thought the best approach would be through the correct legal approach as anything done ' through the use oI lockers would be evading what the Town now has . The group retired at 8: 35 P.M. Mr. John Carroll returned to the meeting. Mr. Carroll reported he had received three bids for a new car, trading the 1954 Chevrolet ne now uses, as follows: Dunn Ford Sales $1899.66, Rowe-Jackson Car bids Chevrolet , $1915.00 and Mawhinney Motors, $$1950.0v. Upon motion duly made and seconded, it was voted to accept the low bid of ?1899.66 submitted by Dunn Ford Sales . The Chairman said. he thought all the cars, for Bids the various departments , should be tut out for bid together and as part of a purchasing policy, this is something that should be looked into . Mr . Carroll _ ported be had received. two bids for a half ton pickup truck as follows : Automotive Service, $2027 .00; Rowe-Jackson, $-n 1 56 .00. Upon motion duly made and secopced, it was voted to accept low bid of $1856.00 submitted by Rowe-Jackson. 861 Mr. Carroll reported he had received three bids for a Carryall, to be used by the Engineering Department, Bids as follows: Alewife Motors, 82550.00; Automotive Sales , 82375. 00 and Rowe-Jackson, $2216.00. He said he would like the Board to wait a week before acting on the bids as he would like an opportunity to inspect the trucks upon which bids were submitted. Upon motion duly made and seconded, it was voted to defer acting on the bids until the next meeting of the Board. Memorandum was received from Mr. Snow, Planning Director; relative to cutting trees and clearing Willard woods . illard woods . Mr . Carroll reported that he inspected the area today and found that Mr. Mazerall has done nothing different in this area than he has done on every area owned by the Town, and that was to clear the dead brush. He said it was not his understanding that tillard Woods was to be a bird sanctuary. The Chairman said he understood. the Selectmen have the care and maintenance of the woods and the Recreation Committee has plans for the use of the woods. Mr. Richards said he was not aware of any plan to Willard leave these woods in their completely natural state or Woods even to transplant wild flowers there . He mentioned that the Town has , in the past five years, acquired a vast area of land but there is no definite su-oervisory group to take charge of the so-called recreation areas . He stated that the Selectmen do not have the time to patrol these sites and he did not think the Recreation Committee is inclined to pay much attention to them. He suggested sending a letter to the Recreation Committee asking it to submit to the Board some idea as to what state of preservation these areas are to be maintained. He said none of the areas acquired were gifts,and he felt the Town can use them. He said he would like the Recreation Committee to meet and decide how best it will use the areas and also give the Board a timetable. Letter was received from the State Department of Public Works with reference to traffic conditions at the intersection of Route 2A and Lowell Street . Until Traffic legal and technical problems relating to traffic control signals have been resolved, the State is reluctant to recommend signal layouts and sequences which might be contrary to the new laws and standards . 352 Letter was received from Lester L. Andrews & Son, 277 Bedford Street, advising that a new location for Wequest to their plumbing business must be found and they would purchase like to know about the possibility of acquiring a land parcel of land abutting the railroad tracks on lledford Street which is part of the Public Works / land. The Board has no control as regards the sale of this parcel of land, not tax title, and the request for sale would have to be presented to a Town Meeting. Mr. Cole asked to have a report from the Building Inspector relative to loam stripping, discarded re- Complaint frigerators, junk and a demolished building on property owned by Pond Malty Trust and located on Reed Street . Mr. Carroll retired at 9: 15 P.M. Letter was received from the Town Celebrations Exchange Committee advising that an exchange of flags ceremony of flags between Lexington and Concord has been scheduled for Sunday, April 15, at 2:00 P.M. at Fiske Hill. Letter was received from the Town Celebrations • Committee, together with proposed proclamation pre- sented by the American Legion in support of its national program "Bells Across the Nation" . Upon motion duly made and seconded, it was voted to issue the proclamation in support of the program. Upon motion duly made and seconded, it was voted to approve the minutes of the regular meeting of the Board held on April 2, 1962. Minutes Upon motion duly made and seconded, it was voted that the minutes of the Executive Session held on April 2, 1962 be expunged. At 9: 30 P.M. , the Planning Board met with the Selectmen. Mr. Grindle referred to the proposed sale of lots on Circle Road to the Busa Realty Trust and agreement in connection thereto . He explained that the Trust wants to extend Circle Road an. the Planning Board Circle Road does not want to approve it until the agreement per- lots taming to the tax title lots is signed. The Chairman explained that Mr. Stevens is work- ing on this . Letter was received from the School Committee indicating interest in working with the Selectmen and other Town Committees relative to the expansion of the Senior High School recreational facilities . e The Chairman stated that in February the Recreation Committee came in with some suggestions and Mr. Carroll said he would like a development plan. He explained that the Board' s first thought ,aas that it involved recreational programs, school athletic facilities and that a plan should be made with the approval of the Planning Board; the idea being that there would be a plan that could be followed as the money was appropriated. Mr . Meyer said the only plan the Planning Board has is to leave the present facilities where they are, eliminate Park Drive and level out the rest of the area so it is a large green field that can be used by painting lines on the ground. Mr. Grindle asked if Mr. Carroll would want some- thing more definite and the Chairman replied in the affirmative . Mr. Meyer said his conception is a broad grassy field with the exception of Park Drive. The Chairman. said Mr. Carroll should have some idea of the plans so he can have the engineering work done and estimates of costs prepared. Mr. Maybee explained that the plan the Planning Board has is not a detailed layout in any sense of the word. He said he thought the entire area should be laid out by someone other than the Planning Board. • Mr. Meyer asked where the Planning Board fitted into the program and the Chairman replied that this is a case of future planning and he thought the Planning Board was directly interested. Mr. Maybee said the Planning Board is not in a position to do the work. The Chairman said that this has to go through the Planning Board at least on a consultant basis, and per- haps it would be necessary to hire someone to do the work. Mr. Maybee said he thought it would have to be phased. The Chairman said he would ask the School Com- mittee and the Recreation Committee what they think they need. Mr. Snow reported information obtained from a meeting with the State Department of Public e Works relative to Route 3. Emerson Road Upon motion duly made and seconded, it was voted to hire a consultant with the intention of laying out u!nerson Road from Massachusetts Avenue to Route 2. The Planning Board retired at 10:35 P.M. 354 tha Letter was received from Mrs. Robert Kittredge, Fairbanks 17 air ar!ks RCaµ aKc ing to have an ordinance adopted Swimming whereby swimming pools will have to be fenced. pools It was agreed to advise Mrs. Kittredge that the Board is in the process of taking whatever action is necessary to prepare a By-Law for Town Meeting action. Letter was received from Mr. Irwin, Building In- spector, relative to bids received for replacement of Ar , his department ' s car . Upon motion duly made and seconded, it was voted to accept the low bid of $1770.00 submitted by Rowe-Jackson. Discussion relative to towing rates was held over until the next meeting of the Board. Upon motion duly made and seconded, it was voted to grant ' r. 'N�alte- B. Murray, s request, on h if Paper Drive of the St . Brigid gid and Sacred Heart church parishes, for permissions to conduct a paper drive on Sunday, pri 1 J Letter was received from Mr. Edward D.Duncan, 1, on behalf of the Lexington Chamber of Commerce, rela- tive to a member of the Board acting as one of three judges of floats in the April 19a_ ade. Mr. Richards agreed to act asone of the judges. Letter was received from the Veterans of Foreign Wars, inviting the Chairman and any member of the Board VFW T n- to Installation of 0 _..hers oh _.�, Knights`� Yini g.it of stallation Columbus Hail, Bedford Street , aty 8:30 F.M. The Chairman stated thAS due to a previous commit- ment, it would be impossible for him to attend. _r. Burnell agreed so represent the Board. Upon motion duly made and secondec_, it was voted to grant the following licenses, satisfactory character references having been received from the Chief of Police: Clyde McArdle 51 Harding Road 'Taxi Driver Frederic B . Hubley Auctioneer Bertram _ . - tin ti Letter was received from the Lexington Lodge of Elks, Herbert J. Casey, Jr . , Chairman of Flag Day Committee, requev i _,g permission to use the Bait tie Green on the morning of June l4 at 7:0C A.M. and-and inviting a member of the Board to attend the scheauled Flag Day ceremonies . 855 The Lodge also requested approval of an Army Band concert on tine evening of titre 14 at the Center Playground. Upon motion duly made andseconded, it was voted, to ap_;rove the use of the Battle Green. Mr Cole agreed to represent the Board the morning of June 14 and Mr . Richards asked to be reminded inded of the date . Upon motion duly made and seconded, it was voted to make the following appointments for terms as indicated: APPOINTMENTS Town Accountant Raymond L. White Board of Appeals Donald E . Nickerson (Acting under Building and Zoning By-Laws ) Board of Appeals - Associate Members J. Henry Duffy Charles T. Abbott George F . Wadsworth Ruth Morey Ralph H. Tucker Lewis L. Hoyt Board of Public ; _: .. f� e1.1are and Harold F. Lombard Old Age Assistance Bureau Robert K. Taylor Howard j. Dawes Paul F . Bartel Robert P . Trask, Jr. Ganmel Legacy Income Trustees Mary B. Casey (Acting with Department of Margaret L. Public Welfare) Upon motion duly made and seconded, it was voted to sign Orders of Layout on the following streets ac- cepted at the Annual Town Meeting, March, 1962: Lincoln Street (Alter u: Justin Street relocate) Rindge Avenue Albermarle Avenue Tarbell Avenue Anthony Road Winn Avenue Gerard. Terrace Winthrop Road Lillian �-v Lexington Avenue Turning Mill Road Locust Avenue 356 ,,, Accounting procedures and budgets were held over . The meeting adjourned at 11 :25 P.M. A true record, Attest : ,E ec i tive C z , Selectmen