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HomeMy WebLinkAbout1961-04-03-BOS-min 416 1.4 CD M..r SgLECTMENTS MEETING April 3, 1961 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 3, 1961, at 7:30 P.M. Chair- man Morey, Messrs . Adams, Ferguson, Richards and Cole were present . Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of three jurors . The following Jurors individuals were drawn for jury duty: William C . Griffiths, 7 Locke Lane ; Edward G. Simeone , 12 Stimson Avenue , and Albert F. Conrad, 9 Ross Road. Mr. Carroll retired. Upon motion duly made and seconded, it was voted to sign the garbage contract, presented by Mr. Stevens, between the Town of Lexington and Stanley Roketenetz, Garbage Inc . , for a one-year period commencing May 1, 1961 and contract ending April 30, 1962, at the bid price of $38,000 .00. Mr. Stevens explained that he would withhold his111 approval until the seals which he requested have been put on the contract. Letter was received from Mr. Stevens, together with a conformed copy of the offer dated March 20, 1961 received from Alice P. Hagerty to the Town in reference to her claim for damages arig.ing from the Hagerty taking of her property on Lincoln Street. offer The Chairman stated that at one meeting of the Board it was suggested that the final payment be withheld until the property had been vacated. Mr. Ferguson said there was also an arrangement about the rent . Mr. Stevens explained that the offer provides no rent until September 1, 1961 . Mr. Ferguson asked if the Town would need the property before that time , and Mr. Carroll replied in the negative . Mr. Stevens stated that the Board has until May 1, 1961 to act and this is the offer given to him by Mrs . Hagerty. Mr. Ferguson said the only reservation he had was vacating the property and holding back a sum of money. 417 Mr. Stevens advised that the Board could make a counter offer and tell Mrs . Hagerty that it is not prepared to accept this one . He said he understood she went to a sunmer place and the first thought was June 1, but then she felt she might not get every- thing out by June 1 and wanted until September 1, 1961. Mr. Carroll explained that if Worthen Road had to be built, the contractor could work around the house very easily for a long, long time . He said he had not planned to let the contract until late in the summer. Mr. Adams moved that the offer be accepted. Mr. Richards said he did not recall the September 1 date . He suggested that the Board make a counter offer and agree to all the terms except the June 1 date . Mr. Ferguson suggested withholding $2,000.00 until the house is vacated. The Chairman explained that Mr. Carroll felt it would be better working on the road after the summer playground program is completed. Mr. Ferguson suggested presenting the same offer voted on by the Board on March 18, 1961 -- Mrs . Hagerty to remain in occupancy until May 1, 1961 and thereafter for thirty days, after notice to vacate, until December 31, 1961, whichever shall be first, rent free . upon motion by Mr. Adams , seconded by Mr. Cole , it was voted to accept the offer, the Hagertys to vacate the property by September 1, 1961. Messrs . Richards and Ferguson were recorded in opposition. Upon motion duly made and seconded, it was voted to go into executive session for the purpose of dis- cussing, deliberating or voting on a matter which, if Palladino made public , might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following a discussion of a Land Court petition involving property owned by Palladino and located off Bow Street, it was voted to resume the open meeting. Letter was received from Mr . Stevens advising that the bill filed by the Board to obtain authority to sell Sale of water for use at Hanscom Field was enacted and approved water by the Governor on March 24, 1961. It is Chapter 280 of the Acts of 1961 and became effective upon approval. Mr. Stevens advised that it is in order to proceed with the contract with the Air Force . 1 1-6 418 0.3 Mr. Stevens said he had received no indication from Town Counsel the Board in regard to the matter of Town Counsel. He said that matters are arising and he does not know what is to be done about them. Letter was received from Mr. Irwin, Building In- spector, relative to the D and 0 Box Company at the rear of 20 Maple Street . A check of the premises was made on March 29, 1961 and the company is still there . D and 0 He checked with Mr. Stevens who pointed out that the Box Company judgment is not to issue until April 1, 1961 and if Mr . Gerson complies, he should be out by that time . If he is not out, further action by the attorney for Kingston Homes will be asked for by Mr. Stevens. Mr. Stevens reported that the execution was ordered today and supposed to be mailed to the attorney for Kingston Homes . Copy of letter from Mr. George W. Mayo, 3 Emerson Road, to Mr. Irwin, relative to the business being operated from 101 Adams Street, was received. Mr. Stevens reported that he has written Mr. Irwin that there is nothing to be done now but proceed with Zoning a bill in equity. violation It was unanimously agreed ths✓ Mr. Stevens should proceed with the bill in equity. Messrs. Stevens and Carroll retired at 8:20 P.M. Mr. John Brucchi, 63 Paul Revere Road, met with the Board, and stated that he thought the dog owned by Adams, 69 Paul Revere Road, should be restrained, because it attacked his ponies. The Chairman asked if this was the first instance since the hearing about a year ago, add Mr. Brucchi replied in the negative . He said there have been six or seven instances . The Chairman said this is the first definite re- port the Board has received from Mr. Brucchili and he said he would have to report every three or four days. It was agreed to askOfficer Forten to make an investigation and submit a report to the Board. At 8:30 P.M. , the Chairman declared the hearing open on the application of the 1820 Barn, Inc . , for a license to sell alcoholic beverages at 9Muzzey Street, and explained that, following the procedure of the last liquor hearing, Mr. Richards would conduct the hearing. 419 Mr . Richards asked who was present for the pro- ponents . Mr. Ervin Blake and Mr. Dean E. Nicholson were present, not represented by counsel. Mr. Richards started the hearing by reading the 1820 Barn, notice dated March 16, 1961 which was published in Inc . hearing the March 16, 1961 issue of the Lexington Minute-gtian. Mr. Richards stated that, to make the maximum use of the time available , he would suggest that one pro- ponent carry the burden of speaking although both could speak. He explained that at the conclusion of their presentation, any other person present to support the proponents would be heard; then there would be time for any person wishing to be heard in opposition. He stated that if there were any documents or petitions to be presented, they should be submitted as soon as possible , all of which would be available for examination at the end of the hearing. In order to save time , he sug- gested that all matters be addressed to the Chair:, Mr. Ervin Blake , 40 Prospect Hill Road, said he was a home owner and a resident of Lexington. The property was purchased eighteen months ago and was a blacksmith shop, a nonconforming use . They intend, in due time , 111 sixteen or seventeen months, to have a building suitable for the district in which it is located and have engaged an architect to make a building which would be proper for the district. He said the liquor store would not be just a store with bottles on shelves but would have gourmet foods . He stated that he has been in Town for six years engaged in a drug store requiring licenses from the State and Government, and he felt he was suited to take charge of the store and intends to spend all his time in the store if the application is approved. He said there are suit- able parking facilities with unloading facilities in the • rear, and there would beno parking problem because of the parking areas existing now . Mr. Dean E. Nicholson, 42 Hill Street, said he was a resident of Lexington, and up until tonight, has lived here very quietly and modestly. He said this was not a test of popularity; that was decided by the voters of Lexington and as a result, dud. to the population increase , an additional liquor license is now permitted in Lexington for a package goods store . He said this the law permits and as far as he knows, Lexington has always' granted the maximum number of licenses so it is not to say that five are enough. He said the important thing in the granting of this type of license is whether or not this is a legal application and the answer is that they have met all the 1.6 420 CD cra requirements as far as zoning and distance are concerned. He said, secondly, the Board has to consider whether the applicants are people of responsibility and to hold such a license is something only responsible pepple should be charged with. He said Mr. Blake is an experienced busi- ness man and will be the manager of the store if the license is granted. He said Mr. Blake holds many licenses and has a vast amount of experience and is well qualified to hold such a license . He stated that Mr . Blake has been civic minded and has been charitable , all of which indicated he is the type of person to be trusted . Mr. Nicholson said the location should also be con- sidered. They have taken down two or three rotting barns and the driveway was not a turnaround and the vehicles could only back out. They have parking in the rear even though the zoning requirements do not necessarily require it . He said this is a commercial zone and any type of business the law permits can be operated in that location. They have spent a great deal of money improv- ing the property. He said they have as big a financial interest an anyone and they don't want to do anything that would be a detriment to the street. He said they have built a handsome building and they intend to keep everything fitting and proper for this type of district. He said it is also important to consider what kind of a place will be operated. They intend to have it fitted out with the proper type of decor and design it so it will be unobtrusive and no one except the residents of Lexing- ton will recognize it as a liquor store . He said they intend to run a place that decent people can go in and not feel ashamed of and a lady can go in in good taste and purchase something. He said the issuing of licenses depends on the growth of the town and no one can prevent the Town from growing. Mr. John J. Sullivan, 341 Marrett Road, said he wanted to speak on behalf of Mr. Blakeand Mr. Nicholson and that he shared the thinking they had expressed in their methods of business. He said most of the oppo- sition is unwarranted from the standpoint of an addi- tional liquor store bhging in additional consumption of liquor. He said by law students are not permitted to enter the store for the purpose of purchase . He said that liquor purchased at this place would be taken from the premises to the privacy of the homes and he could see nothing detrimental. Mr. Ossie G. Simons, 8 Wildwood Road, said Mr . Blake is a reliable and trustworthy individual whom he has known for two years . He said if a license is per- mitted, he could think of no one more proper to have a 421 license, and he recommended that the license be granted to Mr. Blake . Mr. John Brucchi, 69 Paul Revere Road, said he has known Mr. Blake since he came to Lexington and in his opinion, his store is one of the neatest. He said he would be in favor of the liquor store being on the side street. Anyone going in would not know if they were going in the bank or in the store . Mr. Edward Sahatjian, 98 Cedar Street, said this seems a matter of good business to the Town . Sooner or later another liquor license will be granted and it is a question of who gets it and when. He said Mr. Blake 's character and business reputation is good, and he thought the license should be issued to someone everyone could trust. He said more liquor stores will not mean more drinking in Town and people who want to purchase liquor, will purchase it. Mr. Frederic K. Johnson, 3 Franklin Road, said he would like to speak in opposition to the application. He said they all realized that the granting of the license is permissive and there is nothing compulsive . He did not feel • another license necessary. He said that although the location is in the business district, C-2, it would not be the best place for another liquor store because Muzzey Street is a busy one-way street. It is the principal approach to the High School and the parking is a problem. According to the plot plan of the Town, the lot has 6800 square feet with a frontage of 85 feet and a depth of 80 feet. The setback of the building is 10 feet from the sidewalk so the face of the building lines up with the other buildings on the street. He said there is actually, from the face of the building to the back line, 70 feet and according to the application, the store depth is 54 feet, the frontageof the lot 85 feet . He said on the north side the building is on a right-of-way shared by the Trust Company and other owners . He said there is a 12-foot right-of-way on the north, 16 feet in the rear of the building, and 12 feet on the south side of the build- ing and he thought it would be difficult for any truck to drive around the buildings. He said there is no parking and if so, it is very limited. He stilted that liquor stores are permitted only in a C-2 zone and at the time that was set up by the Planning Board, it was the feeling that liquor stores should be in a prominent place where they could be seen and controlled. He said the building could be put to other use and in denying this application, he did not think the Board would be doing any hardship to the owner . 422 n row. Ih addition to his opposition, Mr. Johnson submitted a petition signed by a total of 192 citizens of Lexington who, he said, came from various parts of the Town. Mr. Martin Gilman, 56 Bloomfield Street, said he would like to emphasize the permissive measure wherein this comes and point out the fact that only two-thirds of the voterB casting ballots were in favor and it seemed to him that these two-thirds were adequately cared for . Mrs . Barbara Beckard, 93 Adams Street, said a peti- tion in opposition had been submitted by the Grace Chapel and they are all opposed to any more liquor stores, in fact, opposed to any liquor stores at all . She asked if other towns can get along without them, why Lexington couldn' t. She said she thought they degraded the Town. Mr. Carl R. Queander, 2 Middle Street, said that until the Planning Board rezones and has more C-2 districts, he felt the Town adequately taken care of by the five stores it now has. Mrs . Evan Wilder, 37 Normandy Road, said she has lived in Lexington only since May, 1960, and chose Lex- ington because it is a nice town and the people are friendly. She said as far as a businessman is concerned, she does not know anything against the applicant, but having a store selling liquor, plus other things, she wanted to know why they couldn' t just have the other things and leave the liquor out. She said if the build- ing has been made for a store, and is adequate, someone would be permitted to come in with a store and not have liquor. She said there is a need for good stores . She asked what the attitude of the children would be of the adults who purchase liquor and what the attitude of the children would be if it is taken for adults to drink. She said there is nothing that shows the result of drink- ing liquor. The advertisements present a very well-dressed healthy pepson, but they do not show what liquor can do to the person. She said she would like to add her opposition to another liquor store . Mr. Richard F. Crawford, 239 Lowell Street, said he was not against fair and good enterprise but he felt the Town does not need any stores for the sale of alcohol . Reverend Robert H. Bartlett, Minsiter of the First Baptist Church, said one of the basic problems is where does this end. He understood that the Town can have a license for every 5,000 people , and if the population goes to 35,000 pr 40,000, the Town could be sure of eight stores. He said the question is why are they needed. He said he had friends in Winchester who remarked that whenever they want something to drink, all they have to do is drive to Lexington. He said, having lived in a town with 52 barrooms, four or five liquor stores and 423 • saloons, he knows what it is to live in an area that is downtrodden. He stated that if one is to keep an area in a high moral tone , one must take the necessary measures . He said it is not a question of honesty or integrity, but the question is to keep Lexington in a high moral tone . Miss Florence Gray, 488 Massachusetts Avenue , said that considering the population below the age of twenty is 10,000, the remaining adult population is adequately served by the present five licensed stores . Mr. Nicholson said he did not know where Mr. Johnson got his figures but they were wrong. He said there is at least 8,000 square feet and there is ample room for parking at the rear of the store . He has had it measured and the architect has assured him that there will be drive-around parking. He said most of the people in op- position have raised the question why do we need a sixth store . He asked why there had to be more than one super market. He said this is something that is legal, that the law permits and something has been passed by the legislature. He said to say that six stores are not needed is not a real reason and that is the only argument he has heard against the store . He said the people have a petition and he could have had a petition; anyone approached will sign a petition. He said the people of the Town voted overwhelmingly in favor of this and the Town is bound to the vote of the mass of population. He stated that the type of place they intend to operate will be on the idea of S.S. Pierce and will not detract from the neighborhood. Mr. Johnson presented a tracing taken from the Town block plan showing the area from Muzzey Street to Clarke Street and from Massachusetts Avenue to Raymond Street with the area figures noted. Mr. Nicholson said he had a deed for over 8,000 square feet. Mr. Richards stated that the application filed stated that the premises are located on first floor and basement of 2-story cement block building 54 feet long' and 27 feet wide, with parking facilities in rear of buildings. Basement is to be used for storage facili- ties. Mr. Richards read communications in opposition from Mel and Margaret Biggs, 9 Loring Road; Mr. and Mrs . C .W. Fillmore , 659 Marrett Road; petition previously referred to by Mrs. Reckard; copy of letter from Mrs . Julius C . Ritter, 13 Pine Knoll Road, a copy of which was sent to the Lexington paper March 27, 1961; postcard from Philip B. Parsons and Bernice Parsons . Mr. Richards declared the hearing closed at 9:13 P.M. , and the group retired. 424 0.3 1-11 The Board considered the application submitted by 1820 Barn, Inc. for a Package Goods Store license to sell all alcoholic beverages on the premises at 9 Muzzey Street, and upon motion duly made and seconded, it was unanimously voted that the application be denied. Mr. Stevens and Mr. Carroll returned to the meet- ing at 9:30 P.M. Mr. Carroll referred to Jean and Morgan Roads and stated that a plan has been prepared and he and Mr . Stevens thought if the Board approved, an order of taking Order of would be drafted to be signed next week . taking Mr. Stevens was authorized to proceed with pre- paration of the order of taking. Letter was received from Warren E. Padelford,. 53 Burlington Street, stating that he would like to reach a mt tleme nt on the strip of land taken in front of his property for the purpose of a sidewalk, and that he would like to settle the matter out of court . Land taking He is willing to forego the price of the land in lieu of the sidewalk assessment in the amount of $115.91 . He would also like to have the flagstone steps in front of his property rebuilt as they fell apart within a month of being replaced. Letter was received from D. H. Darden, Jr. , and Diana K. Darden, 61 Burlington Street, requesting an Land taking offer of settlement for damages for land taking in connection with widening of the street and sidewalk construction. Mr. Carroll presented a Plan of Burlington Street, dated January 12, 1960, and stated that there are eight owners fromwhom the Town made takings for the travel easement. He also presented a plan showing the slope easements in Burlington Street . Mr. Carroll suggested approving the Padelford settlement for no betterment and recommended offer- Land ing the same to Mr. Darden. damages Mr. Stevens said he thought someone should give Burlington the Boardan idea of what the damages are , and if Street something is to be done for one , they all should be treated fairly. It was agreed to have Mr. Carroll arrange for a rough appraisal of the entire street and have it on file with his plan. The Chairman suggested, and the Board agreed, that Mr. Padelford and the Dardens be advised that the requests are being taken under advisement. 425 Mr. Ferguson asked who would make the appraisal . He said here are some people who have written in and the Board has done nothing for them. He said he could see no reason why the Board could not find out what they have in mind as to their value and then decide if it wants to do anything about an appraisal or ac- cepting what they are asking. He said the Board should know what they would be willing to settle for . He said he would be willing to abate the betterments right along the line . Upon motion duly made and seconded, it was voted to have Mr. Carroll get an appraisal or opinion as to what the damages should run and using that as a basis, make some suggested awards for the people so the Board will know what they want. Letter was received from Edward R. Thomas, attorney for Eleanor L. Ross, owner of land on Wood Street on which a sewer betterment assessment had been levied in the amount of $868.18. The assessment was protested for the reason that the lot in question has been reduced Ross sewer in size considerably to less than one-half by reason of assessment a taking by the Commonwealth and also because of the fact that a large area of the lot, by reason of its peculiar shape , is not usable for any purpose . Mr. Carroll reported that a sewer was installed in Wood Street in 1960 and it went by the property owned by Mrs . Ross on the west side of Route 128. At the time of the recording, May 26, 1960, she owned 1.206 acres between Wood Street and Route 128. He indicated the parcel assessed on a plan, and explained that on August 3, 1960, the State made an additional taking and indicated what is remaining from her original piece of land. Mr. Stevens said that at the time the betterment was put on, it did have area enough to build. If a taking was. made after that, it has nothing to do with the betterment and if Mrs. Ross lost a buildable lot, the Commonwealth will have to pay for a buildable lot . It was agreed to advise Mr. Thomas that since the betterment was put on the property prior to its being reduced in size, the Board feelsthe money is due the Town and no abatement is in order. Letter was received from Cabot, Cabot & Forbes concerning the proposed sewer into Route 128 to serve the Rinaldo property. It is their intention to pay the entire cost of the sewer installation subject to a right of review in prior authorization if the con- 4 � 26 ,, !ry l V Mime struction exceeds 1.10,000 and subject to the con- Rinaldo ditions stated in the last paragraph of their letter sewer of March 7, 1961, in the event of further extension of the sewer . Mr. Stevens explained that if other individuals came in who could use the sewer, the Board would have no basis for charging them. He stated that normally the Town does not assess betterments for a trunk sewer and he did not know blow the Town could pay Cabot, Cabot & Forbes back. It was agreed to defer acknowledging the letter until Mr. Carroll obtains more information from the State . The Chairman reported a conversation with Cabot, Cabot & Forbes relative to their sending a letter Cabot, Cabot concerning a voluntary agreement which they would & Forbes ' like to make . The Board agreed that such a letter agreement should be addressed to the Planning Board. Discussion pertaining to the Town Counsel was continued and Mr. Stevens said he had mentioned three alternatives; 1) An assistant and agreement of what he would take ; 2) Appoint a Town Counsel and Mr. Stevens would be Special Counsel; 3) Appoint another Town Counsel and Mr. Stevens would step out . He said Town Counsel he has had no indication of what the Board intends to do. The Chairman gave Mr. Stevens a list of attorneys taken from the poll book. Mr. Richards said he was under the impression that the Board would supply the Town Counsel with an assistant and let Town Counsel select someone who would work for him. The only problem would be how to provide the money. He said it was his idea that the Town Counsel' s job would become more of a Town Counsel' s job. Mr. Stevens asked if the Board had considered What it wanted to pay an assistant. Mr. Richards asked where the funds would come from and how much he is to be paid. Mr. Stevens said the Board would have to decide how much work is to be turned over. Mr. Richards said it would be wise to appoint only one who could act in certain matters without turning them over to Mr. Stevens . Mr. Stevens said he did netnknow how many on the list given to him by the Chairman would be interested and the only place money can come from is the Town counsel ' s or Special Fees ' budget and the appropriation made for Town Counsel is the same as last year. Mr. Stevens retired at 1045 P.M. 427 Mr. Carroll reported on bids received from sewer service pipe - Lexington Lumber Co. $13,952.75; Hilco Supply, $13,682.75; ABC Builders Supplies, $14.,223 .50; Johns-Manville, $140015.32. Sewer pipe Upon motion duly made and seconded, it aas voted bids to accept the low bid of $13, 682.75 submitted by HMco Supply. Mr. Carroll went over the projects proposed for this year and discussed the contracts . Mr. Richards said he felt that some of the work Engineering should be let out to engineering firms other than Contracts Whitman & Howard. He also said he would like to have the municipal parking lot be given top priority and that meters be installed in the other two parking areas . Mr. Carroll retired at 11:20 P.M. Mr. Cole suggested that the Board go along with an assistant for Town Counsel. Mr . Richards said the only problem is how the assistant is going to be paid. Town Counsel Mr. Cole moved that Mr. Stevens be asked to continue as Town Counsel for another year providing the Board authorize him to get an assistant. Mr. Adams seconded the motion. Mr. Ferguson said he would like to discuss this. The Board, in urging Mr. Stevens to continue as Town Counsel, was doing so with the realization that when he was asked for a fact at the Town Meeting, he did not pm a fact but gave his judgment and he refused to correct it. He said this is a fact and was not denied by Mr. Stevens. Mr. Adams said he recalled the incident and did not draw the same conclusion as Mr. Ferguson did. After itriiiirdiscussion, Mr. Richards moved the question and four members of the Board were in favor, Mr . Ferguson in opposition. The Chairman said she would talk to Mr. Stevens to find out if the Special Fees Account would be adequate . Upon motion duly made and seconded, it was voted to send a letter of thankstdo Judge Cotton for acting as Moderator at the recent sessions of the Annual Town Meeting. 428 6 Upon motion duly made and seconded, it was voted , Bond to approve bond on behalf of James J. Carroll, Town Treasurer, in the amount of $79,000.00. Upon motion duly made and seconded., it was voted to hold a ppecial meeting of the Board on Wednesday, April 5, 1961, at 8:00 P.M. The meeting adjourned at 11:50 P.M. \A true record, Attest: << Ar.itectitive Clerk', Select -n 1