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HomeMy WebLinkAbout1991-12-BOS-minOmm i SELECTMEN'S MEETING December 9, 1991 A regular meeting of the Board of Selectmen was held on Monday, December 9, 1991, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Smith, Mr. Marshall, Mr. Eddison, Mr. McSweeney; Mr. White, Town Manager; Mr. Cohen, Town Counsel; Ms. Radway, Asst. Town Manager; Mrs. Snow, Executive Clerk, were present. Mr. Dailey arrived later in the meeting. PUBLIC HEARING TAX RATE CLASSIFICATION FY92 Mrs. Smith opened a Public Hearing on the issue of determining a residential factor in assessing the percentage of tax burden to be borne by each class of property for fiscal year 1992. Town Assessor Harald Scheid and members of the Board of Assessors, Robert Leone, Chairman, and Sara Robinson, were present. Mr. Leone reported that the revaluation of property process has been completed and had shown a reduction in values of residential properties of 5%, and of commercial /industrial property averaging 16%e This results in a decline in values of $155 ■ D83, 94q. for the approximately 11,000 parcels in the Town. Background information for tax rate options, showing Residential and Non - Residential Factors, Rates, percentages of Change and Tax. Impacts was presented and reviewed by Mr. Leone prior to a question and answer period. Resident Richard Bram, Commercial property owner in Lexington and Newton, pointed out that those two municipalities are the only two in Massachusetts retaining split residential and commercial tax rates. He noted the vacancies now evident in retail and office buildings in Town and the critical financial situation facing commercial property owners. He urged the Board not to pass the heavy tax load to them. Lewis Aronin said that many homeowners are also in f inanc ial distress and that some had been faced with lay -offs. He sympathized with business people but hoped that residents would not be further burdened with a higher proportion of taxes. Mr. Dailey joined the meeting at that time. William Ledge, representing Boston Properties, noted the 20% decrease in value of commercial buildings and joined Mr. Bram in protesting a heavier burden for non-- residential property. Mrs. Traficante, 16 Fairbanks Road, felt that raising taxes in either category should not be considered by the Board. Mrs. Smith noted that decision on classification rates must be made that night. There being no further comment or questions from the audience, the hearing was declared closed. Mr. Marshall referred to efforts by the Board in the past to keep the tax split levels for residential and non- residential at the same ratio each year but saw the need to be concerned that very much higher taxes on non-residential property would lead to even greater commercial value decreases and erosion of the assessment base. , 2 . _.Lson agreed with Mr. Marshall's view and, bAc =#1 ^n that �.�; �, i�,l , moved to set the non -- residential factor at 1.67023, with the impact of 0.13%. The motion was seconded by Mr. McSweeney. Mr. Dailey noted that he also could see problems with continuing with the Board's past practices with regard to the levels of taxation of residential and commercial properties and supported Mr. Eddison's motion. Upon motion duly made and seconded, it was voted to approve a non - residential factor of 1 . 67023 , resulting in tax rate of $23.80% per $1,000 and a residential factor of .85328, with a tax rate of $12.23 per $1,000. SUNDAY OP E NINGS,, ..--PACKAGE STORES Upon mot ion dul made and seconded, it was voted to approve the applications of the following for permission to conduct business on Sunday, December 22, 1991, and on Sunday, December 29, 1991, with hours of operation from 12:00 Noon to 9:00 p.m. on both days: Berman's Market, Inc. 55 Mass. Avenue Busa Bros. Liquors 55 Bedford Street Lexington Liquor Mart 58 Bedford Street 1775 Wine & Spirit Shop 1707 Rear Mass. Avenue vinebrook Bottle Shop 131 Mass. Avenue INN KEEPERS LICENSE B ATTLE GREEN INN Mrs. Smith referred to the application of Kevin McGrath for renewal of Innkeepers License for the Battle Green Motor Inn and Fire Chief Bergeron's negative report on safety conditions at the Inn. The Chief's memorandum, dated November 26, 1991, strongly recommended that the license application be disapproved because of Mr. McGrath' s refusal, to date, to apply for permit for underground gasoline storage and his negligence in attending to repairs to safety equipment i.e. smoke detectors, exit lights and the fire alarm system. Upon motion duly made and seconded, it was voted to defer action on the application for renewal of Innkeepers License for the Battle Green Motor Inn for one week. The Proprietor of the Inn, Kevin McGrath, will be urged by Town staff to address all items listed by Chief Bergeron and to provide strong evidence of his intention to comply with State and Town safety regulations, within that week. S SIGN Peter Chalpin, Chairman of the Traffic Safety Advisory Committee, and John Frey, Chairman of the Design Advisory Committee, were present for consideration of the size and - location of a free standing sign at Camellia Place and Bedford ' Street, identifying the Sherwin Williams store. In its Finding and Decision of September 26 1991, the Board of Appeals granted a Special Permit for the sign, but had referred the issues of its final design and location to the Board of Selectmen. Selectmen's Meeting -3-- December 9, 1991 Mr. Chalpin reviewed the recommendat - of his Comm a'_tt ee , which differed from those of the Design Act: =i&_:ory Committee regarding the size o f the sign. Based on safety factors, the Traffic Committee had advised that the sign be larger than the 2' 3' proposed by the Design Advisory Committee, since it was by P P � adil felt that a sign of that size would not be readily visible to motorists. Regarding placement of the sign, the Committee felt that maintaining a minimum height to the bottom of the sign of five feet above the level of the sidewalk on Bedford Street would allow significant flexibility in its lateral placement. It was recommended that Mr. Chalpin be notified by Sherwin Williams prior to the installation so that the sign may be pre - positioned on the site before final installation. Mr. Eddison referred to the conflict in the reports of the two advisory committees. Board members agreed with him that a departure from the Town's ltOesign Guidelines for Comercial Districts" in order to address safety aspects above aesthetics in no way would be considered a precedent for future exceptions to the Guidelines. Upon motion duly made and seconded, it was voted that the size of the Sherwin - Williams sign should not exceed 11 1/2 square feet, as stated in the Board of Appeals Special Permit, with a minimum height of five feet at the bottom of the sign* The vote was subject to the condition that Peter M. Chalpin, ' Asst. 'Town Engineer, be notified by Sherwin- Williams prior to installation of the sign so that it may be prepositloned before final placement on the site. T . S . A . C . REPORT CAMELLIA PLACE Mr. Chalpin reviewed the recommendations of the Traffic Committee on Fire Chief Bergeron' s request for relief from a problem with parked cars on Camellia Place next to Fire Headquarters which are obstructing some emergency vehicles. The Traffic Committee had unanimously recommended that "No Parking" be posted on both sides of Camellia Place from Bedford Street, 110' northerly. Upon motion duly made and seconded, it was voted to approve the recommendations of the Traffic Safety Advisory Committee, as stated above. NO TURN ON RED WORTHEN ROAD BEDFORD STREET Mr. Chalpin reported on the Traffic Committee's recommendation on Chief Bergeron's request that the "No Turn on Red" be reinstituted at traffic signals at both Fire Stations. The Chief has observed motorists turning right from Worthen Read and from Locust Avenue, showing no regard for fire equipment Ono entering or leaving the stations. The Committee had recommended that the restrictions be replaced in those two locations. Mr. Marshall suggested the alternative of having Firemen stationed at the intersections to direct traffic on the relatively few occasions when it would be necessary, rather than inconveniencing motorists with the restriction at all times. r -4- Upon mot-inn -duly ►rude Grid seconded, it was voted 4 to 1, with Mr. . Marsx��,.� i of iil6 iii L Le negative to accept the recommendations of the Traffic Safety Advisory Committee that the "No Turn on Red" regulations be reinstituted at Worthen goad at Bedford Street, and on Locust Avenue at Massachusetts Avenue, as requested by chief Bergeron. GROWTH & DEVELOPMENT POLICY COMMITTEE Iris Wheaton and Peter Enrich of the T.M.M.A. Executive Board, were present for discussion of Lexington's participation in the 4 -Town Growth & Development Policy Committee as r }� op osed by HATS II. Mrs, Smith asked that Mr. Eddison, Lexington's representative on HATS II, review the proposal and its status. Mr . Eddison referred to a revised draft Memorandum of Agreement for the Growth & Development policy Committee, dated November 15, 1991, prepared by the Town Counsel of Concord. He reviewed the history of efforts by HATS Il since January 1991, to find a way to enable the Air Force to financially assist the four towns with planning for ground transportation management through the creation of this organization under MGL40 S.4I which would include representation of the Air Force. Mr. Eddison noted correspondence from the Chairman of the TMMA Executive Committee, Iris Wheaton, which stated a number of concerns on the purpose, membership and powers of the committee. Responses to questions on the initiative, contained in Mrs. Wheaton's memo had been prepared by the Town Manager and Town Counsel and had been distributed to the Selectmen and the TMMA Executive Committee. Mrs. Wheaton said she was pleased to hear that no vote on the Memorandum of Agreement would be taken that evening and that time for TMMA Board review would be allowed. She asked that action on the creation of the committee be deferred until after the first of the year to ensure adequate time for review of the revised Memorandum of Agreement and the Town Manager's responses, by all members of her Board. Mr. Eddison reported that the three other towns had approved the Memorandum of Agreement without question, and he did not favor further delay with Lexington's endorsement of the document. Mrs. Wheaton said that she had received responses to the TMMA's questions but that the responses had not constituted answers, She and her board members were still uncomfortable with a number of questions. Mrs. Smith pointed out that the Selectmen's concerns had been similar to those of the TMMA Executive Board as to whether the creation of the committee would change Town processes and take controls from the Towns. She asked how much more time would be needed to satisfy Mrs. Wheaton's Board's questions. Mr. Marshall said that he would be willing to put off the decision for one week but no longer. Mrs. Wheaton and her Board will meet on December 11, for further discussion of the issues in question and will be in touch with Mrs. Smith before the end of the week. Selectmen's Meeting ,= 5 December 9, 1991 In response to Mr. Enrich's question on the extent of the powers of the committee, Mrs Edd i son ex plained than,_ mechanism sm and that no member of =- *� " fS �, I I strictly a funding me • anything else. The committee would have no considers it to be y � ca acity f or implementation of plans and no staff. In addition, p Boards of Selectmen tmen would have veto powers through their Ives over any action of the proposed selectman representat committee intended to take place in their r p ctive tawny. . the formation of the committee as a plus Mr. Marshall saw • without mach risk and said he was not willing to forego the opportunity• MI Upon motion duly made and seconded, it was voted to approve the minutes of Selectmen's Meetings of November 4, and November 18, 1991, as presented. APPOINT To LExHAB Upon motion duly made and seconded, it was voted to reapp William Hays and David Eagle as members of the Lexington Housing Assistance Board for terms to expire on December 5, 1994. MADD RED RIBBON CAMPAIGN Mrs. Smith noted that the Lexington PTA Council's Committee Dr Free Schools has requested the Board's support of the far Dr g Council's participation in the 1992 MADD Red Ribbon Campaign and to authorize the display of Red Ribbons on all Town vehicles. nested was permission to designate the Town offices as a Al so requested public distribution paint. Upon motion on duly made and seconded, it was voted to approve the req uest of the Committee for Drug Free Schools, as stated above. SADD AWARENESS WEED Lexington High School's Students Against Driving llrunk Chapter had requested placing a banner for S.A.D.D. Awareness Week from December 16 to 20, across Mass. Avenue in downtown Lexington. Mrs. Smith 'th had spoken with Mrs. Coit, Chairman of the School Comm ittee and Acting Supt. of Schools Barnes to explain that . or placement of such banners is not the policy of the permission f p Board and had asked that the students be informed. The Town Manager will be in touch with the group regarding publicizing the Awareness Week Campaign in other ways. RENEWAL OF LIQUOR LICENSES Upon motion es far the duly made and seconded, it was voted to approve F Kinds of Alcoholic Beverag raw renewal of Licenses f or All ensuing years, as follows 7 w, eAURANTS Res tau Inc . s • } °�'� , Bel Canto Restaurant 177 Mass. Avenue 1709 Mass. Avenue Hartwell House Inc. LeBellecour 94 Hartwell Avenue 10-1 Muzze Y Street Peking Gardens Sweet Peppers 27 Waltham Street 20 Waltham Street Versailles Restaurant, Inc, Yangtze River Rest. 1777 Mass. Avenue 21 -23 Depot Square I NNHOLDER Sheraton /Lexington Inn 727 Marrett Road CLUB Lexington Lodge B.P.C. Elks Lexington Golf Club 959 Waltham Street 55 Hill Street Lexington Knights of Columbus Lex . V. F . W e Post #3007 177 Bedford Street 2 Hayes Lane The Lexington Club 475 Bedford Street PACKAGE STORES Berman's Market, Inc. Busa Bros Liquor, Inc. 55 Mass. Avenue 55 Bedford Street Lex, Liquor Mart, Inc. Vinebrook Bottle Shop 58 Bedford Street 131 Mass. Avenue 1775 Wine & Spirit Shop 1707 Rear Mass. Avenue RENEWAL OF COMMON VICTUALLER LICENSES Peking Gardens 11:00 a.m. -11:00 P. M. 27 -31 Waltham Street Monday- Saturday 1 : oo p • m • - 1 1 : 00 P.M. Sunday Mario's 11 :00 a.m. -11:00 P.M. 1733 Mass. Avenue 7 days Lexington Lodge B.P.O.Elks 12 Noon -11 :00 p. m. 959 Waltham Street 7 days Fife and Drum Restaurant /Grill 7:00 a.m. -- 11 :00 p.m. Minuteman Vo -Tech School 7 days 748 Marrett Road Selectmen's Meeting Friendly ,. cream Corp. 66 Bedford "Lreet WC December 9, 1991 The Coffee Connection, Inc. 1729 Mass. Avenue Sheraton /Lexington Inn 727 Marrett Road Pine Meadows Golf Course 255 Cedar Street Brigham's Store #696 38 Bedford Street Lexington House of Pizza 399 Lowell Street One Meriam 1 Meriam Street The Hartwell House, Inc. 94 Hartwell Avenue Bellino's Bakery, Inc. 141 Mass. Avenue Steve's Ice Cream 1749 Mass. Avenue LICENSE RENEWALS - 1992 ENTERTAINMENT LICENSE Sheraton /Lexington Inn 727 Marrett Road INNKEEPER Sheraton /Lexington Inn 727 Marrett Road Minute Man Inn (formerly Days Inn) 440 Bedford Street 7:00 a.m. - 11 :00 p.m• Sunday-Thursday 7:00 a.m. - 12 Midnight Friday - Saturday 7:30 a.m. - 11:00 P.M. Monday - Saturday 9:00 a.m. - 6:00 p.m. Sunday 7:00 a.m - 12 Midnight 7 days 7:00 a.m. - Dark 7 days 6:00 a.m. - 12 Midnight 7 days 10:00 a.m. - 11:00 P.M. 7 days 6:00 a.m. - 9:30 p.m. 7 days 11:30 a.m. em 12 Midnight 7 days 6:00 a.m. - 6:00 p.m. Monday - Saturday 6:00 a.m. - 2:00 p.m. Sunday 10 :00 a.m. - 12 Midnight 7 days CLAS II Lexington Auto Sales 542 Mass. Avenue CLASS I Lexington Toyota Sales 409 Mass, Avenue New England Transit Sales 238 Bedford Street mow NSE R.NW.": -- 1992 COMMON CARRIER CLASS I I I James H. McCarty Limo. Service, Inc. John P. Carroll Company P.O. Box 327 31 Allen Street Leominster, MA RESIGNATION SERVICES COMMITTEE Upon motion duly made and seconded, it was voted to accept the resignation of Jack Sarmanian as a member of the Human Services Committee, leaving an unexpired term to September 30, 1993, The Board's appreciation for his valuable service to the Town will be expressed in a letter to Mr. Sarmanian, BILL OF RIGHTS Mrs. Smith referred to the request of the Mass. Advisory Commission to the Commemoration of the Bill of Rights for the Board's support of the celebration of the 200th Anniversary of the ratification of the Bill of Rights. As requested, copies of the material sent has been given to the School Committee and to the Lexington Clergy Association and the event will be publicized in the Lexington Minute - Man. Upon motion duly made and seconded, it was voted to support the efforts of the Commission relative to the 200th Anniversary mow of the Ratification of the Bill of Rights, December 18, 1991. CONSENT AGENDA BO A NTICI PATIO N N OTES_ Upon motion duly made and seconded, it was voted to ratify the poll vote of December 4, 1991, to approve Bond Anticipation in the amount of $900,000 for the North Lexington Pumping Station protect and for extraordinary repairs to school building, awarded to the lowest bidder, Bay Bank, on December 3, 1991. EXTENSIO OF HOURS Upon motion duly made and seconded, it was voted to ratify the poll vote of December 4, 1991, approving extension of hours of operation to 12;30 a.m. on December 6, and December 7, 1991, as requested by the Sheraton /Lexington Inn. COMMITMENT OF CHARGES Upon motion duly made and seconded, it was voted to ratify the poll vote of December 4, 1991, approving the commitment of the following charges: Town Wide Sewer Bills, December $1,736,382 *86 Town Side Water Bills, December $1 EXTENSION OF HOURS SHERATON & HART HO Upon mot i _ _- i -- - ...� p on duly made and seconded, t was voted to approve requests for extension of hours of operation, as fol lows . Selectmen's Meeting -9- Poo Holiday Parties to be held at Sh{ Marrett Road on December-14, December until 12 :30 a.m. and ' Year's Eve New Year's Eve Celebration to be Restaurant, 94 Hartwell Avenue, until T RAF F IC ITEM. VALLEYFIELD STREET December 9, 1991 eraton /Lexington Inn, 727 20, December 21, 1991, Celebration until 1:00 a.m. held at the Hartwell House 1:00 a. m. Upon motion duly made and seconded, it was voted to refer the request of Edith Tracey, 72 Valleyf ield Street, for installation of a "Stop" sign on Grassland Street at , Valleyfleld St., to the Traffic Safety Advisory Committee for review and recommendations. F.A.A. N REGUL Mr. Edd i son reported on his attendanc a at a HATS II meeting at the Bedford Town Hall on November 21, at which Massport provided an update on the newly issued Airport Noise Regulations. He noted that last fall, national regulations on airport noise were passed by Congress, which remove flexibility previously held by local authorities to regulate airport noise. Mr. Eddison outlined three aspects of the regulations which had been added to a budget bill without hearings: POW 1. Older aircraft are to be phased out by 2,000 A . D . f ` 2. The bulk of local regulatory authority has been removed; 3. Previously existing local rules are grandfathered. He explained procedures for instituting new local noise regulations on Stage 2 and Stage 3 aircraft which involve complex evaluations and submittals and have little chance for approval by the F.A.A. He felt that at Hanscom Field, it would be particularly difficult to make a case for tighter regulations because of the diversity of aircraft types and of ownership. I NSPECTION SERVICE REORG ANIZATION Mr. White presented a proposal for the creation of an Inspectional Services Department which would consolidate Health, Building, Board of Appeals, Historic Districts Commission and Conservation Commission into one department. Each of the functions would keep its separateient i ty but some procedures and methods of operations would change. Also involved would be cross- training of clerical staff, consolidation of the development review process and integration of inspectional functions, with the prospects of reductions of staff in the future. The Manager pointed out that the reorganization would enhance communication, would identify early conflicts, and reduce. non - coverage of offices as well as improve customer service. He projected that cost - savings will be realized as early as FY93. -10- Some Physi cha nges to office groupings would be re to increase efficiency and access and allow for streamlining of application and review pracpd" . An experd itiarom of $6 ,000 to ..�r $6,000 would be required with a or -- _` = cost of s l , ('0o to $1,500 for rearrangements of telephones. Mr. White complimented Candy McLaughlin, who had been a key person in the development of the reorganization and thanked her for her valuable work. Mrs. Smith commended Mr. White and Ms. McLaughlin for this innovative approach to greater productivity and complimented them on the outstanding job done. Mr. Marshall said he was always supportive of unified standards and procedures and for simplification o f the public's dealings with Town processes. Upon motion duly made and seconded, it was voted to authorize the Town Manager to move forward with the Inspectional Services Reorganization project. HAWKERS & PEDDLER REGULATIONS The Board reviewed a proposed amendment to the "Rules and Regulations for Hawkers and Peddlers" which would change the Permitted hours of activity, as requested by Rona Cohen and endorsed by Police Chief Furdon, Question arose as to whether the Rules applied to charitable fund raising as well as door-to -door selling. Mr. White will clarify the matter with Chief Furdon and report back to the Board on December 16, moo BURGLAR ALARM REGULATIONS Mr. White referred to a memorandum from Chief Furdon Proposing amendments to the Selectmen's Burglar Alarm Regulations which would require registration with the Police Department of all alarms installed in Town. This information is needed by the Police Department to facilitate rapid alarm dispatching. In addition, Chief Furdon had proposed in Section 6 of the amendment, the requirement for information on the location and identification of responsible persons when registering the alarm, plus any other information as may be required by the Police. Mr. Marshall felt that the information required should be more clearly defined and that the second section made the ruling too broad, He asked that the last few words in the second paragraph "and any other information as may be required by ... be stricken. Mr. Marshall also questioned the appropriateness of a second amendment to the Burglar Alarm Rules as proposed by Chief Furdon, which dealt with audible signal emission. The new ruling would permit the Police to use any reasonable means to deactivate or disable a nuisance alarm. Mr. Marshall felt that the ruling should be more clearly defined and could be interpreted as invasion of property. Mr. White will confer with Chief Furdon on the matter. Selectmen's Meeting --11 -- December 9, 1991 Upon motion duly made and seconded, it was voted to amend {� the rules and regulations for "Burglar and Fire Alarms" f authorized in Section 28 of Article XXV of the General By -La.ws of the Town of Lexington by adding new paragraphs 5 and 6 as" Fol lows: 5. Any homeowner, renter, lessee, or any renter, lessee, or owner of a business or other establishment or building other than a municipal building or premises, having a burglar or hold -up alarm which emits an audible signal shall register such alarm in accordance with rule 6 of this section. Any business or individual who monitors a privately owned alarm system with the intent of notifying the police department of any alarm activation, shall register annually, on or before December 15th, such alarm in accordance with rule 6 of this section. 6. The information required for the registration of anv alarm shall include: the address of the protected property, and name and address of the person or business responsible for any alarm activation, RECOGNITION -- PETER KELLEY Mr. white shard with the Board a letter from Linda Vine, CoA Director, in which she listed the many services and contributions to the Town by Peter Kelley, including many repairs and improvements of the facilities at the Senior Center. Mrs. Vine asked that Mr. Kelley's efforts be recognized by the Town, as well as the Council on Aging Board, and that he publicly thanked for his generosity, Mrs. Smith said she was very pleased that the Manager had brought the matter to the Board and expressed the deep appreciation of the Board for Mr. Kelley's outstanding work. Mr. Eddison noted other contributions of time and expertise by Mr. Kelley, such as his assistance in the construction of the community playground. LEXIN GTON CULTURAL COLLABOR Mr. white reported on the completion and publication of a guide for visitors to Lexington, listing places of interest, a Town map and information on Town government, history and parking facilities. Two thousand copies of the pamphlet developed by the Lexington Cultural Collaborative, have been printed. Decisions on further reproduction, selling price and distribution will be based on public reaction to the first 2,000. APPOINTMENTS TO COUNCIL ON AGING AND REC REATION CO Upon motion duly made and seconded, it was voted to approve the appointment by the Town Manager of Muriel Taylor to the Council on Aging for a term to expire on June 1, 1994. Upon motion duly made and seconded, it was voted to approve the appointment by the Town Manager of Harvey Lowell to the Recreation Committee for a term to expire on April 30, 1992. dO f • -- . -12- Upon motion duly made and seconded, it was voted to adjourn at 10:33 p.m. I A 'crue record, Attest: M rion `Snow ' Executive Clerk ?MW SELECTMEN'S MEETING December 16, 1991 A regular meeting of the Board of Selectmen was held on Monday, December 16, 1991, in the Selectmen's Meeting Room, Town Office Building, at 7:30 p.m. Chairman Smith, Mr. Marshall, Mr. Eddison, Mr. McSweeney; Mr. White, Town Manager; Ms. Radway, Assistant Town Manager; Mrs. Deshler. Principal Clerk, were present. Mr. Cohen, Town Counsel arrived later in the evening. PUBLIC HEARING, N.E. TEL* -1 -ED I SON _ /LO C K WOOD FAD. ANCHOR GUY Mrs. Smith opened a Public Hearing on the petition of N. E. Telephone Co. and Boston Edison Company for proposed anchor guy on an existing pole #35/4 located between *10 and #18 Lockwood Road. Mr. David Walsh, represented the N. E. Telephone Co. and explained that the anchor guy was replacing one that used to be located on a tree on Byron Avenue. Residents Mr. and Mrs. McDewell of 16 Lockwood Road were present and asked that the anchor guy be replaced on the tree on Byron Avenue so that it would not obstruct the steps on the property located at #18 Lockwood Road. Mrs. Smith stated that, as not enough information was available at this time, and the request that the anchor guy petition be adapted so that the steps on #18 Lockwood Road would not be obstructed, the hearing would be closed and continued at a later date. HANSCOM AREA GROWTH & DEVELOPMENT POL CO Mrs. Smith reported that the T.M.M.A. had communicated with her and had requested that the decision to approve the Hanscom Area Growth & Development Policy Committee be delayed until the January 6, 1992 meeting to allow time for the T.M.M.A, to go over the changes made in the Memorandum of Agreement between the Towns and HAFB. In response to inquiry from Mr. Richard Canale, T.M.M.A. representative, Mr. Eddison explained that he had spoken with Attorney Peter Enrich and that they had worked out 2 changes in the language of the draft Memorandum of Agreement which he believed would address the concerns of the T. M. M. A. Under the circumstances he recommended that the Board delay its decision on the Memorandum of Agreement until the January 6th meeting. LEx. ARTS COUNCIL APPOINTMENTS /REAPPO Upon motion duly made and seconded it was voted to approve the following reappointments to the Lexington Council for the Arts for a term of office to expire on September 30, 1993: Vivian Berman 11 Barberry Road Donald Langosy 18 Taft Avenue A motion was also made and seconded to appoint Margaret A. Warner, 4 78 Concord Avenue as a member of the Lexington Council for the Arts for a term of office to expire on Sept, 30, 19 9 3 . �R a . 2— C V ICTUALLER L RE Upon motion duly made and seco . was vo ^ d approve the fallowing Common Victualler Licenses for 1992: Alexander's Pizza 11 :00 a.m. - 11 :00 p.m. 180 Bedford Street 7 days Denny's Restaurant 438 Bedford Street Sweet Peppers 20 Waltham Street Lexington Square Pizza & Rest. 1666 Mass. Avenue The Food Emporium, Inc. 1768 Mass Avenue Friendly Ice Cream Corp. 1060 Waltham Street The Lexington Club 475 Bedford Street New Asia II 211 Mass. Avenue The Kitchen, Inc . 6:00 a.m. -- 11:00 p.m. 7 days 7:00 a.m. -- 12 Midnight 7 days 9:00 a.m. - 11:00 P.M. 7 days 70.00 a.m. - 9:00 p.m. 7 days 6:00 a.m. -- 12 Midnight 7 days 6:00 a.m. - 11: P. 7 days 11:00 a.m. • 11 :00 P.M. 7 days 10:00 a.m. - 10: p.m. Monday -- Thursday 10:00 a.m. -- 11:00 p.m. Friday - Saturday LODGING HOUSE RENE WIL ACRE IN Upon motion duly made and seconded, it was voted to approve renewal of Lodging House License for Wild Acre Inn, 50 Percy Road for 1992. SELECTMEN'S MEETING SCHEDULE FOR JANUAR 199 It was agreed that the Board of Selectmen will meet on the following dates for the month of January. Monday January 6, 1992 7 :30 p.m. Wednesday January 8, 1992 7-630 p.m. Monday January 13, 1992 7:30 p.m. Wednesday January 15, 1992 7 p.m. We dnesda y January 22, 1992 7 :30 p.m. Monday January 27, 1992 7 :30 p.m. Selectmen's Meeting -3- December 16, 1991 ONE DAY LIQUOR LICENSE A PM TAN SISTERS' ACADEMY Upon motion duly made and seco -aded , i t was voted to approve the request of the Armenian Sisters' Academy, 20 Pelham Road, for a One Day Liquor License for a Dinner /Dance to be held on Tuesday, December 31, 1991, New Year's Eve, from 6 :00 p.m. to 1:00 a.m. BATTLEGREEN MOTOR INN INNKEEPER REN LICENSE Mr. White explained that because all complaints, as discussed at the meeting of December 9th, had been resolved regarding the renewal of the 1992 Innkeeper License for Battlegreen Motor Inn, 1720 Massachusetts Avenue and that the Fire Department had issued a report stating this, he would recommend the granting of this license. Mr. Marshall stated that rather than allowing a full year to pass by before the Health, Building and Fire Departments would have to submit their recommendations to the Board of Selectmen regarding renewal of this license, he would recommend that this license be approved for six months. All Selectmen agreed to this contingency. Upon motion duly made and seconded, it was voted to approve the request of Battlegreen Motor Inn, 1720 Massachusetts Avenue, for the renewal of Innkeeper License to expire on June 30, 1992. ARTICLE 5 TRANSFERS Upon motion duly made and seconded it was voted and approved to transfer $105,865.86 from Article 5 to the following accounts: Town Manager $6 Town Clerk 4 Board of Appeals 718.17 Planning 8 Conservation 280.26 Dog officer 727.65 Bldg. /Insp. 2 DPW 33,709.82 DPW Collective Bargaining 24 Veterans 301.15 Library 22 HAW &- PEDDLERS R U LE S AND RE G UL AT IO A MENDMENT Upon motion duly made and seconded it was voted to approve amendment to Chapter 101, Sections 22, 23, 24 of the General Laws regarding Rules and Regulations for Hawkers and Peddlers, as follows: 6. No hawker or peddler shall permit or cause a vehicle of any kind to stand nor shall he attempt to sell, solicit sales or make any sales within the Town of Lexington before 11:00 a.m. or after 7:00 p. m. or 1/2 hour after sunset, whichever is earlier. r � 4 - A _�' n Try RULES AND REGULATIONS F OR BURGL AN_D FI ©.' • a PPS x:.0 L on duly made and seconded it was voted to rr -ove amendment to Section 28 of Article XXV, of the General By-Laws of the Town of Lexington, the Rules and Regulations for Burglar and Fire Alarms, by adding new paragraphs 5 and 6, as follows: 5. Any homeowner, renter, lessee, or any renter, lessee, or owner of a business or other establishment or building other than a municipal building or premises, having a burglar or hold -up alarm which emits an audible signal shall register such alarm in accordance with rule S or this section. Any business or individual who monitors a privately owned alarm system with the intent of notifying the police department of any alarm activation, shall register annually, on or before December 15th, such alarm in accordance with rule 5 of this section. 5. The information required for the registration of any alarm shall include: the address of the protected property, and name and address of the person or business responsible for any alarm activation, J EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 4 - 0 by now roll call vote: Mrs. Smith, Mr. Marshall, Mr. Eddison, Mr. McSweeney, to go into Executive Session for discussion of matter of litigation, the disclosure of which might adversely affect the best interests of the Town, and with no intent to resume open session. Upon motion duly made and seconded, it was voted to adJourn at 9 :00 p.m. A true record, Attest: , ..: {. '. Audrey E. Deshler, Principal Clerk