Loading...
HomeMy WebLinkAbout1940-09-30SELECTMENIS MEETING September 30, 1940 A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, at 7130 P. M. Messrs. Potter, Rowse, Sarano, and Locke were present. The Clerk was also present. At 7130 P. M. hearing was declared open upon the application of the Lexington Real Estate Trust for permission to increase the capacity of underground tanks for the storage of gasoline from two thousand to seventy- five hundred gallons, and to store one thousand gallons of oil on the premises located at the corner of Lowell and North Streets, Lexington, Mr. Robert L. Ryder, and Messrs, Kimball, Brown, and Bowker of the Board of Appeals were present. The notice of the hearing was read by Mr. Rowse, who acted as Chairman in the absence of Mr. Giroux., Mr. Ryder said that he appeared before the Board of Appeals about one month ago, but apparently the ' hearing was out of order, as he was notified that it was a matter for the Board of Selectmen rather than the Board of Appeals to act on. Ryder gasoline Mr. Ryder said that in 1929 he had several hearing meetings with the planning Board, and they had a number of things to take up. They wanted to widen North and Lowell Streets, particularly to take off the corner. After a number of conferences, they reached an agreement whereby Mr. Ryder gave the Town eight or nine parcels of land for the widening of North Street to 501 and Lowell St. to 691. The Town gave him one or two small parcels to straighten the lines. The Town took off the corner and widened out the whole intersection. At the same time, the Town also gave Ryder, for further consideration, a gasoline permit on the southeast corner of the intersection. Ryder owned three corners at that time, and still does. The Town also zoned the four corners for business. The original permit was for the storage of two thousand gallons of gasoline, but conditions have changed now, and oil companies haul gasoline in larger quantities. They do not want to make trips any oftener than they have to. Mr. Ryder said he had an opportunity to dispose of about 35,000 square feet of land to one of the major oil companies, on the condition that he get the gallonage increased. He presented a blue print of the property, and explained the detail. Mr. Rowse asked if there was any question in regard to future widening of Lowell Street, and Mr. Ryder said that there was no question but that Lowell Street would be widened at this point, but he has taken that up with the oil company. The proposed layout is 1501 and it will be necessary to take 90t more. He proposed to sell enough area 370 to provide for any possible taking there. Mr. Beal of the Mass. Dept. of Public Works informed him that the ' taking would be 451 on either sideof the street. At the present time they propose to erect a temporary building --one that can be mowed. Mr. Kimball said that a Board of Appeals hearing was necessary before a gasoline station could be started. He said that the location of tanks would have to come up at the same time as the application for the building. Mr. Potter thought it was unusual to grant a permit for an increase of capacity when the Board did not know where the tanks were going. Mr. Ryder stated that the company would place the tanks back far enough so that they would not have to be moved when a taking was made. Mr. Kimball said he asked Mr. Glynn his opinion as to what happened to a back line of a street when a street was widened, and his opinion was that the back line would go back. Mr. Kimball got several other opinions on the subject, as there has apparently never been any judication. The consensus of opinion is that the back line is fixed, and that there would have to be an amendment to the zoning by-law in order to move the line back. Mr. Ryder retired at 8s00 P.M. The Board discussed the matter with Mr. Wrightington. Mr. Rowse asked him to find out whether or not the Board ' had any right to question the renewal of such a permit by the Town Clerk, and also if the Board could limit the time on the permit. The Board of Appeals retired at 8x20 P. M. Mr. Wrightington, and Messrs. Greeley, Ferguson, and Nickerson of the Planning Board appeared. The Chairman said that the Board wished to hear their plans relative to any proposed layout of a street from Mass. Ave. to Waltham St. Mr. Wrightington said that if any such layout was contemplated, that it no doubt would have some bearing on the Viano case. Mr. Greeley said that back of the layout of the road was the approaching development of the back land up to Marrett Road. This road would be an outlet from the very considerable area of new houses to Mass. Ave. across Vine Brook Road. The Planning Board confined its study to a way from Mass. Ave. to Vine Brook Road. The traffic problem would be that of people going to Boston and to Lexington center for shopping. These two main traffic problems would not be served by this proposed street. The Planning Board feels that At would be a disadvantage to 1 have this road, as they feel that a main artery should not ' be punctured with intersecting streets. They feel that any money to be expended would be put to much better advantage if put into a parking space. 1 1 Mr. Rowse asked if the Planning Board contemplated putting any plan regarding a parking Apace before the Board, and Mr. Greeley said that it did. The plan would be to extend Vine Brook Road across to Muzzey Street. Mr. Wrightington and the members of the Planning Board retired at 8:55 P. M. N Proposed Street Mass. Ave. to Waltham St. Messrs. Raymond and Cosgrove appeared at 9:00 P.M. Mr. Cosgrove said that Peter VanGemert had three separate assessments in the Liberty Heights area, and he is complaining about paying the assessment on the two lots beside his house. He claims that he raised vegetables on them, but otherwise they are Valueless. The assessment is $70.00. Mr. Cosgrove did not see how the Board could legally eliminate the assessment, as it could not call the land farm land. Mr. Rowse said Mr. VanGemert could not see why it was necessary to take the sewer along down by these two lots, as they were swampy and of no use. Mr. Cosgrove said that the sewer had to go through there, VanGemert as it was the main outlet for everything beyond that Assessment point. He thought that the betterment assessment was less than the added value to the property. The Clerk was instructed to notify Mr. VanGemert that the sewer was necessary, and that it could find no valid reason for abating the assessment. Mr. Raymond said that Leslie A. Bull had quite a sizeable area of land, 6 or 7 acres, adjoining the land which fronts on Hancock Street where he has an orchard. The land is agricultural, except where the house is, although Mr. Bull does not farm it. The sewer assessment, is on the front land. After some discussion on the subject, the Board felt that there were no grounds on which to grant Mr. Bull's request that his betterment assessment be deferred._ Bull assessmtt Mr. Cosgrove said that it would be well to hire some of Mr. Bullts land on Coolidge Avenue for storage of material, etc., while the sewer work is being carried on. He and Mr. Beach believe that this would be the best land to hire. Mr. Potter moved that, sub ect to the approval of Rental of Mr. Leslie A. Bull, the sum of 65.00 per month be paid to Bull land him for rental of a portion of his land for W.P.A, activities, 372 equipment and material, for the duration of the work, and that the accumulated amount be deducted from ' his total betterment assessment, the remainder to be paid as he so elects. Mr. Sarano seconded the motion, and it was so voted. The Clerk said that Mr. Tracey W. Ames had telephoned her and said that apparently the Board misunderstood his letter of September 20; He did not want the Town to pay the premium on the Salvucci bond, but he wanted to know if the small commission Com. on add. of $14.00 could be paid to him, or if he had to premium, divide it between the four or five additional brokers Salvucci that shared in the original bond. The Board felt bond that Mr. Ames should keep the small commission. Letter was received from the Town Engineer stat - Simonds ing that he was unable to obtain any important infor- Est. mation concerning the development of the Simonds Estate on Grove Street. 1 Mr. Cosgrove retired at 9=35 P. M. Mr. Raymond said that $25,000. was allowed in the Vine Brook estimate for land damages, ebsts, etc. Mr. Russells report showed $15,560.38 incurred costs of land takings. This includes some eight ' thousand dollars paid for land up to August 31, 1940 and a number of other items, such as fees,ete. The Figures on total paid costs were 9,439.62. The incurred costs Vine Brook include the items which were awarded.in the orders of taking; the award to the Colonial Garage and the other cases which were contested, plus awards which were not contested. The uncontested awards amounted to $764.00. The cases settled amount to '$5,100., to which will be added lawyers fees, appraisers fees, costa and these may total $6,000, We will have paid over $8,796. out of the original $25,000, to settle the three cases of Colonial Garage, Stevens, and Ham, and this should include lawyer fees and court costs. The original awards in these three cases were as followss Ham, $1150. Stevens, $1300., Colonial Garage, $560.; total 65010. Mr. Raymond retired at 9:45 P. M. Letters were received from Allen W. Rucker and Vice-Chrmen George C, Sheldon advising that they were willing Defense to serve as Vice -Chairmen of the Civilian Defense Com. Committee. 1 Letter was received from Robert H. Holt com- plaining of the traffic hazard at the junction of Mass. Ave. and Merriam Street. The Clerk informed the Board that two representatives of the Mass. Dept. of Public Works called on Mr. Giroux a few days ago relative to the traffic survey in Lexington, and he called this particular problem to their attention. They said that they would study the traffic condi- tions at this point. Mr. Raymond informed the Board that he was going to require the services of one of the engineers for about a•week to examine records in East Cambridge and Boston, in connection with the Stevens case. 373 Traffic hazard Merriam St. Stevens case Letter was received from the Town Counsel inform- ing the Board that the Superior Court had decided for Sally White the plaintiff in the case of Lexington v. Sally White, case and a decree is to be entered enjoining her from operating a hospital of sanatorium on the premises. No costs were awarded. Letter was received from Chief Sullivan advising that he was leaving on September 27th for his vaca- Chief's vaca- tion. tion ' Mr. Potter informed the Board that the Town did not have the right to sell lots 23 and 24 in Block 19, Meagher, to Mrs. Samuels, as they belong to Charles Cassella, Also, Mrs. Samuels claims an abatement on her taxes each year because she is a widow, and he felt that the Town would not be getting the return on the Tax title two lots that it should, if.'it-sold:'the two lots to property her. Mr. Potter moved that she be informed that the Town was not in a position to sell the lots now. Mr. Locke seconded the motion and it was so voted. The Clerk was instructed to refund the $10.00 deposit to Mrs. Samuels, Mr. Potter said that James Irwin had requested per- mission to move a boiler from the McDonough filling Irwin to move station beside the Rest Inn on Sunday. He moved that boiler on the request be granted. Mr. Locke seconded the motion, Sunday and it was so voted. Mr. Morse appeared at 10:15•and retired at 10:25 P. M. Mr. Potter moved that the following licenses be granted, William Bean, 359 Bedford St., Sunday Golf Licenses ' Leon Filoa, 538 Mass. Ave., Methyl Alcohol W. S. Caouette, 1772 Mass. Ave.,Overhanging Sign 374, Letter was received from Sargeant Russell stating that William Allen of 475 Walthsm Street was a Young ' Allen Pub. man of good character. Mr. Potter moved that he be Car. license granted a Public Carriage License. Mr. Locke seconded the motion, and it was so voted. Application was received from the Lexington Minute Men for the use of Cary Hall on October 11 use of hall for a moving picture show. Mr. Potter moved that the use of the hall be granted free of charges. Mr. Sarano seconded the motion, and it was so voted. The Clerk informed the Board that Mr. Custance still felt that the Board should set aside a separate Rehabilita- night for the meeting with the Rehabilitation Committee tion meeting of the Chamber of Commerce. She was instructed to make an appointment for Mr. Custance alone for the next meeting. Abatement of Water charges in the amount of $83.38 Abatement and $12.48, and Health abatement of $8.57 were signed. Commitment of water rates $6,916.01, misclo charges in the amount of $274.25, house connections in the amount of 105.78, sewer house connections in the amount of 116.08, were signed. The meeting adjourned at 10:45 P. M. ' A true record, Attest: Clerk