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SELECTMJH' S MEETING
July 16, 1962
A meeting of the Board of Selectmen was held in
the Selectmens Room, Town Office Building, on Monday,
July 16, 1962, at 7 : 30 P.M. Messrs . Richards, Cole,
Burnell and Brown were present . Mr. Staples, Execu-
tive Assistant, and Miss Mur_: ay, Executive Clerk, were
also pret . Mir . Richards acted as Chairman .
Mr. James J. Carroll, Town Treasurer, met with the
Board and advised that it is necessary for him tc make
a borrowing in anticipation of revenue . He stated that
he needs $1,000,000 to be dated A :_V.ust 1, 1962 and pay-
able November 15, 1962 . Bids were received by Mr .
Carroll as follows :
Lexington Trust Company $250,000 1.30% discount
Borrowing Lexington Trust Company 250,000 1. 35% discount
Lexington Trust Company 500,000 1.40% discount
New England Merchants
National Bank 750,000 1.32%
D'oon motion duly made and seconded, it was voted
to accept the bid of 1.30% submitted by the Lexington
Trust Company for a loan of $250,000 in anticipation
of revenue, and to accept the bid of 1.32% submitted
by the New England Merchants National Bank for a loan
of $750,000 in anticipation of revenue .
Mr. Carroll retired.
The Chairman declared the hearing open on the appli-
cation of Manhattan Liquors, Inc. and read the notice
published in the Lexington Minute-man on July 12, 1962.
He explained that prior to the notice, the Board of
Selectmen had received an application for an all alco-
holic beverages license dated June 19, 1962 from the
Manhattan Manhattan Liquors, Inc . whose address is 45 Waltham
Liquors Street, Lexington . In compliance with Section 15A
of the Li:uoryControl Act,. a notice was published in the
Lexington Minute-man on June 21, 1962, which the Chairman
read.
The Chairman asked the gentlemen representing
Manhattan Liquors, Inc . to rise and give their names .
He also asked the individual, representing them to
identify himself. He explained that the Board would
hear from the applicant first and than all others at-
tending the hearing would be given an o_ oortunity to
be heard whether they were in favor or in opposition.
Mr. George J. Leary, 173 Tremont Street, Boston,
said he was attorney for Manhattan Liquors, Inc.
Mr. George H. Matheson, Jr. , 62 Buckman Drive,
and Mr. Arthur T. Miller, 57 Fletcher Road, Bedford,
identified themselves .
Mr. Leary presented for the Board' s examination
the charter for the Manhattan Liquors, Inc . and an
agreement which he explained carried with it the powers
of incorporate setup with respect to this particular
application .
The Chairman asked if Mr . Leary had the affidavit
of notice that had been sent out by him, and Mr. Leary
replied that he had receipts that notices were sent in
each instance . He stated notices were sent to the
aubtters as they appear on the Assessors ' list . He
also_.introduced a Certificate of Citizenship of Arthur T .
Miller, who wile be the manager . He also presented
pictures that were taken of the property showing views
of the rear and front . He said, on behalf of the corpo-
ration, he understood there is available at the present
time a license . He said this is a fairly new building
on Waltham Street, a main artery running from Massachu-
setts Avenue in the Center to the City of 'Haltham. He
stated on the south side of the To ,-n, there is going on
a rather substantial building development with the thought
at least that there would be the question of public con-
venience being served at this location, and said there
would be a demand in that area for a license of this type .
Mr . Miller was educated in the schools here, and both are
substantial businessmen in the Town .
The members of the Board had no questions, and the
Chairman asked if there were any other parties interested
in this other than those set forth, and Nor . Leary replied
in the negative .
The Chairman returned the agreement of the associ-
ation and the charter to Mr . Leary. He asked if nr. Miller
or Mr . Matheson wished to add anything to what Mr .Leary
had said, and they replied in the negative .
The Chairman asked if anyone present wished to speak
in behalf of the application .
Mr. Leary said that Mr. Matheson did make a survey
of the business places in the area and he understood
there were no objections .
Mr . Stewart C. Cairns, 47 Taft Avenue, said he thought
there were enough liquor stores in Lexington to suply
the need and also the need of some surrounding towns . He
said he would like to speak against it .
'He said both Mr. Matheson and Mr. Miller are veterans .
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Mrs . Barbara Reokard, 93 Adams Street, said she has
been a resident for thirteen and. 'a half years and was
og<.osed. She felt that there aro too many liquor stores
in Lexington and said everyone knows the ills and ail-
ments that come along with drunkenness .
Miss Florence Gray, 488 - assachus _tts Avenue, said
that 6500 people voted in favor of Package Stores and
five stores serve those people adequately.
The Chairman said he had a communication addressed
to the Board, dated July 12, 1962, signed by Carl R.
Queander of 2 Middle Street, who wished to be recorded
in opi-osi tip n.
Ho one else wishing to speak, the hearing was de-
clared closed at 7:50 P.M. , at which time Messrs . Leary,
Miller and Matheson retired.
The Chairman said the next order of business was
the hearing on the application of Manuel J. Aruda and
Ethel R. Aruda for an all alcoholic license to be lo-
cated on the premises at 329 Massachusetts ''.venue . He
read a COP7 of the notice published in the July 12, 1962
issue of the Lexington Minute-man and said it wasp
receded by
a notice given under the provisions of Section 15Aof the
Liquor Control Act published in the Lexington Minute-man
on June 28, 1962. Herc-ad a cony of that notice .
The Chairman asked the applicants to rise and identify
themselves He
said that Mr . Viola, if he was pre-
senting Mr. and Mrs . Aruda, could speak for them or
they could speak for themselves .
Mr. Viola presented receipts of notices that had
been sent and explained that some of them have not been
returned.
The Chairman asked Mr . Viola to furnish the Boa.rd
with certificates of mailing not later than Wednesday.
Edward H. Viola, attorney, with an office at 18V
Brattle Street, Cambridge, said he was representing
the ArL'_das . He ssi d_ he understood there are three
'iruda' s places in Town, but two of them are close in prorimity
Package Store up in the center. He said the third place is down
near the Arlington line whefe a person can have a Package
Store. He asked the Board to consider this problem.
The people of the Town, by a majority vote, have said
that the Package Stores are permitted in Town, and
while the Board has the right to withhold it _ all of
the licenses but one have been issued. He said the
towns that do not ha e Package Stores have problems
worse than Lexington. He said tdst if all of the
licenses but one have been issued by the Board, and the
townspeople by vote have asked that licenses be issued,
it seems that the majority rule is asking that the full
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extent of the licenses be issued unless there is some
good reason for not issuing it . He said the Town is
familiar with these two applicants who have applied
on different occasions . '-ie said there are always some
people who oppose any such application and their op-
position should be noted, but asked whether this oppo-
sition, if there was opposition, was on some worthwhile
ground.. He said he did not think the Board would find
anyone to say the Arudas were unfit. He said they are
of substantial character, are suitable persons, and on
previous occasions, the abutters have not shown they
were opposed to this . He said he understood there is
another apalication before the Board and if the Board
was to look upon the circumstances which would be the
better location, he did not think it would have any
difficulty in realizing that from a point of public
convenience, it would be better to have the license go
to Mr. and Mrs . Aruda. He said there would be about
forty parking spaces on the premises which he thought
would be ample . He said the location is not within
the statutory 500 feet of a school, church or the like,
and is in an area which seems to be growing. He said
the Town on the i Woburn side of Lexington seems to be
spreading so the people in this particular area, he
would say, are becoming in need of more facilities all
the way around. If a license were to be granted, it
would seem to him that this particular store would serve
the growing needs of the Town . He said "r. and Mrs .
- ruda' s present business requires people coming in and
out, so the Town has had an op_::ortunity over the years
to see how they conduct themselves, and that over the
years , there never has been a complaint about Mr . and
Mrs . Aruda as far as the public being served is concerned.
The Chairman asked. if Mr . and Mrs . Aruda wished
to speak.
Hot wanting to say anything, the Ch.a loan said the
Board would hear from those who wished to speak on behalf
of Mr . and Mrs . Aruda.
Mr. James E. McCarthy, 337 Massachusetts Avenue, said
he was very much in favor of the license being granted.
He said he has lived in the Town forty-two years and would
appreciate the Board granting the license .
Mr. William Cushman, 65 School Street , said he was
in favor .
Mr.John B. McCarthy, 337 Massachusetts Avenue, was
recorded in favor.
Mr . Robert M. Daniels, 881 Massachusetts Avenue, was
recorded in favor.
Mr . George Mandigo, 10 Denver Street, was recorded
in favor .
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Mr. Joseph k . Curtin, 6 Stevens Road, said he was
Mr . Arudas neighbor for twenty years and was recorded
in favor.
_sir . John G. Linn, 320 Massachusetts Avenue , was
recorded in favor .
No one else wishing to speak in favor, the Chairman
said the Board would hear from those who were opposed
to granting a license at 329 Massachusetts Avenue .
Mrs . Barbara Reckard, 93 Adams Street, said she
was not questioning the suitability or fitness of these
people, but did question the fitness and suitability of
many of the people who patronize such an establishment .
She said a great deal of the crime is caused by those
who drink and a great many of the accidents on the high-
ways are caused by those who drink. She asked how many
peocle in the Metropolitan State Hospital were included
in the census who cannot go to the stores and purchase
liquor . She asked how many times these applications
come up, how often people have to come and say they do
not want any more liquor establishments in Lexington.
The Chairman explained that there is a license
open and an application can be received from any person
or persons in the community for that license . He stated
that if the license is refused, they could not , he be-
lieved by statutory requirement , reapply within one year .
However, new applications could be received every week, but
are limited to some extent by the availability of the areas
in which any license can be granted. He explained that a
public hearing is not part of the statutory proceedings .
The only statutory requirement is receipt of application,
notice of the receipt and receiving of a protest whether
it be oral or written . He stated it has been found by
the Boards that a public hearing is a better way to hear
the protests .
Mrs . Reckard asked why Lexington could not do with-
out Package Goods stores if Arlington, Belmont and
Winchester can do without them. She said most of the
traffic in East Lexington is from those towns . She
said she was not only opposed to this one but to the
one that applied at 7 :30 P.M.
Mr. Stewart Cairns, 2±7 Taft Avenue, said he would
like to point out that he knows the Arudascand was not
protesting the people at all, but he felt that two licenses
in East Lexington was enough and he wished to be recorded
in opposition.
Mrs . Florence Gray, 488 Massachusetts Avenue, said
she thouzht this location was very inappropriate because
across the street is a completely residential area. She
said no one had anything personal against the Arudas . She
felt that it was not a good location for the store and
also felt there is no need for it. She said Arlington,
Belmont and Winchester have a need and it is not Lexing-
tongs problem to give them the liquor.
Mrs. Reckard said she was opposed to either one
of these Package Goods Stores and was opposed to this
one in East Lexington.
Mr . Arthur Ri'bh.; e, 21 Balfour Street, was recorded
in opposition .
Mrs . Grace Cairns, 47 Taft Avenue, said she was
opposed to any more liquor stores in East Lexington .
The Chairman read a letter received by the Board
from Eleanor As,:etta, 96!E Massachusetts Avenue, and
Mrs. Mabel S. Lanman, 960 Massachusetts Avenue , op-
posing the granting of a liquor license at 329 Massa-
chusetts Avenue . He also read a record of telephone
calls received by the Board in opposition .
Mr. Viola said the abutters have come here hoping
the Board would grant the license and the people
mentioning that this is not a good location apparently
do not live in the location that would be directly
affected by the granting of the license .
Mr . Howard Weitmeyer, 66 Oak Street, said he was
opposed to a liquor store at this address on Massachu-
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setts Avenue.
No one else wishing to speak, the hearing was de-
clared closed at 8:30 P.M. , and the group retired.
The Chairman reminded the Board that action would
have to be taken on these applications not later than
July 18.
Following a discussion of the subject, the Charman
entertained a motion that the Board either grant or not
grant a license .
Mr. Brown said he would be in favor of granting a
license to one or the other .
The Chairman said the Manhattan Liquors, Inc . appli-
cation was before the Board and asked for all those in
favor of granting it to signify by saying "aye" .
Mr. Brown was recorded in favor . Messrs . Burnell
and Cole were recorded in opposition .
The Chairman said the Aruda' s PLckage Store appli-
cation was before the Board and asked for all those in
favor of granting it to signify by saying "aye." .
Mr . Cole was recorded in favor. The Chairman,
and Ar. Burnell, were opposed, and Mr. Brown abstained
from voting.
Mr. Burnell suggested that the Board request the
Planning Board to take some action relative to rezoning
the Town because one of .the greatest objections to the
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applications for liquor stores is that there are too
many/W1143PrcattOerffeated area.
The Chairman said he thought it was certainly
subject to review and should come up at the March Town
Meeting.
Mr. Staples reported that Mr . W. Frank Ash, 176
Laconia Street, has agreed to accept $12,000 for his
house, but wants an agreement whereby he may occupy
the premises for a year, rent free, and permission to
remain in the house indefinitely until such time as
the building is razed.
Option The Chairman said the Board could give Mr. Ash
free rent for a year, and if he remained in the house
after the year, he would be charged.
Mr. Staples reported that Mr . Spiris expects the
school construction would begin in 1965.
It was agreed to pay Mr .Ash $12,000 for the pro-
perty with the guarantee that he could remain, rent
free, in the house for one year from the date of convey-
ance to the Town, and that he would be given thirty days '
notice to vacate; it being understood that Mr . Ash would
have to sign an instrument to the effect that he would
be responsible for all maintenance and costs and addi-
tional unspecified time beyond the year.
Mr. Staples reported that he, Chief Rycroft and
Mr . John Carroll attended a Traffic Conference held
today by the State Department of Public Works, District
Traffic #4, on the new Pedestrian Control Law which becomes
Conference effective August 5, 1962. He explained thatthe law will
have to be adopted, and if not, it will affect Chapter
90 funds and also obtaining approval for signal lights .
He suggested that an article be inserted in the
warrant for the next Town Meeting covering the subject .
Mr. Burnell referred to a letter from Mr. R. L.
Traffic Brosnahan, 7 Plainfield Street, who is concerned about
the children crossing Marrett Road and Massachusetts
Avenue to attend the Grey Nunst Academy.
The Chairman suggested deferring action until
he has had an opportunity to discuss the subject with
Mr. Daniel A. Lynch, attorney for the Grey Nuns .
The meeting adjourned at 9: 35 P.M.
A true record, Attest :
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-Fxecutive-- Clerk, Selectmen