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HomeMy WebLinkAbout1962-07-16-BOS-min 4 rt �-C 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 . r 4 FT La C 14 . 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 A 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 . fT 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- rh 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 r" SIC 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 : / j , .,,iii;'L. -Fxecutive-- Clerk, Selectmen