HomeMy WebLinkAbout1965-11-22-min 403
SELECTMEN 'S MFETING
November 22, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, November 22, 1965, at 7:30 P.M. Messrs.
Burnell, Sheldon and Mabee were present. Mr. Legro,
Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll,
Superintendent of Public Works, and Miss Murray, Execu-
tive Clerk, were also present. Chairman Cole arrived
later in the evening.
In the absence of th, Chairman, Mr. Burnell con-
ducted the meeting.
Hearing was declared open upon petition of the
Tidewater Oil Company for permission to maintain under-
ground tanks for the storage of gasoline, waste oil
and fuel oil; above ground storage of motor oil, anti-
freeze, chemical accessories and gasoline, on premises Gasoline
at ),.31-1 .33 Marrett Road. hearing
Notices of the hearing were sent, certificate of
mailing, to the petitioner, owners of the property deemed
to be affected as they appear on the most recent tax list,
and also advertised in the November 10, 1965 issue of
the Lexington Minute-man.
The application had been approved by Chief Engineer,
B. J. Belcastro, of the Fire Department .
Mr. Cole arrived and conducted the remainder of the
meeting.
Mr. Harold E. Stevens, attorney for the Tidewater
Oil Company, explained the petition does not refer to
the rear parcel, 431-L33 Marrett Road, but only to a
portion which is shown on the plan filed with the appli-
cation. He indicated on a plan the entire parcel of
land and pointed out the corner to which the petition
relates; an area where the gasoline station has been and
now is. He stated the proposal is to refurbish this
completely by demolishing and removing the present building
and putting up a new service station building. He said
the building is designed to be of colonial architecture
and submitted an artist ' s rendering of it. He reported that
a hearing was held by the Board of Appeals on this matter
last Tuesday and the Board granted a permit. He explained
they were seeking from the Board of Selectmen an increase
in the underground storage from the present 10,000 gallons
to 16,000 gallons. This is so deliveries can be scheduled
so there will not be deliveries at night or at peak traffic
periods. He explained the other items have not been in a
permit. It has been the practice, in recent years, to put
in the other items, the waste oil, oil to heat the building, etc.
These have been incorporated in this application, but in
essence it is an increase from 10,000 gallons to 16,000 gallons.
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The Chairman said the Board would hear from any
proponents and the Board could ask any questions it
might have.
Mr. Sheldon said he presumed the area involved
is of the same size that is presently being used for
the filling station.
Mr. Stevens stated the premises will continue to
be owned by Mr. and Mrs . Curtin, but is under lease.
He pointed out that on the plot plan, it shows a side
yard of twenty-five feet on the westerly side. On
reccnsideration, it seemed the building would be better
centterized if that was made twenty feet instead of
twenty-five so he asked if the Board wruld amend the
application filed. He said he wanted the plot plan
to be accurate.
Mr. A. Patrick Zapponi, 439 Marrett Road, said he
was a westerly abutter and wanted to see the plan .
The Chairman gave him a plan and Mr. Zapponi said
he wanted the Board to notice the area. He was at a
hearing last Tuesday evening before the Board of Appeals
to find out if there could be another gas station or not,
and he did receive a notice that it was granted. He said
last Tuesday he spoke of the gas stations within the area
now.
The Chairman explained this hearing only concerns the
size of the underground storage tanks up to 16,000 gallons
and the above ground storage of side products.
Mr. Zapponi said there are three existing gas stations
there now, and he was against the storage because he is an
abutter.
The Chairman said Mr. Zapponi's objection was against
the station itself and this hearing is on the storage only.
Mr. Zapponi said he was against the station.
Mr. Wesley A. Taylor, 415 Marrett Road, was recorded
in opposition to increasing the size of the tanks.
Mrs. Wesley A. T ylor, 415 Marrett Road, was recorded
in opposition.
Mrs. Louise Zapponi, 439 Marrett Road, was recorded
in opposition.
No one else wishing to speak in favor or in opposition,
and there being no questions, the Chairman declared the
hearing closed at 7:40 P.M. and the group retired.
Upon motion duly made and seconded, it was voted
to grant a linense to the Tidewater Oil Company to keep,
store and sell 16, 000 gallons of gasoline, 550 gallons of
waste oil, and 550 gallons of fuel oil, to be used to heat
the building, all in underground tanks, and 500 gallons
of Chemical accessories to be stored in metal containers,
all above ground, and 80 gallons of gasoline to be stored
in tanks of cars in lubritorium on premises located at
V 4310433 Marrett Road, Lexington, Massachusetts.
Mr. Gray stated for a considerable period of time
the Police Dep rtment has had trouble with the garage
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doors at the station, it being almost impossible to open
and close them. He explained this is presenting a problem
with Mr. Freeman, now doing work on the police cars. He
stated the Chief would like to replace the doors at a
cost of approximately 5550.00 Garage doors
Mr. Carroll said the present doors cannot be used Police
and he has funds in his budget to pay for new motorized Station
doors. He asked if the Board wanted them installed now
or wait and include an item in his 1966 budget.
Upon motion duly made and seccnded, it was voted
to replace the garage doors at the Pclice Station with
new motorized doors at a cost of approximately $550 to be
charged to the 1965 Town Offices and Cary Memorial Build-
ing.
Mr. Carroll reported he had arranged a meeting with
Mr. Horgan, State Department of Public Works, on Thursday,
December 2, 1965, at 10 00 A.M. in Mr. Horgan' s office Route 2 &
tos
di cuss the subject of Route 2 and Worthen Road. Worthen Rd.
Letters from Eugene J. Heft, Carriage Drive, and
Irwin G. Leviton, 4 Essex Street, requesting installation
of street lights, had been referred to Mr. Carroll. Street
Mr. Carroll stated he would take care of these. lights
The Chairman read a letter from Bruce Currie,
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7 Abbott Road, requesting permission to take some old
cobblestones from the Sanitary Land Fill area to place Cobblestones
at the edLe of his lawn for protection.
The Chairman said the Board does not allow items
to be taken from the dump and asked if these cobble-
stones were something Mr. Carroll could use for a curb.
Mr. Carroll replied in the negative, and said they
could be used for a private way which Abbott Road is, and
he woad have no objections .
Mr. Burnell stated he thought the Board should not
deviate from the rules it has adopted.
Upon motion duly made and seconded, it was voted
to deny the request, it being the feeling of the Board
that to grant it would establish an undesirable precedent.
Request was received from the Metropolitan Building
Movers Co. for permission to move a building onto lot #66
Webster Road.
Mr. Carroll reported he had looked at this and it
was all right. Permit
Upon motion duly made and seccnded, it was voted
to grant the Metropolitan Building Movers Co. iermission
to move a building down Route 2 to lot #66 Webster Road,
subject to the usual requirements.
Requests were received from the Metropolitan Building
Movers Co. for permission to mcve two buildings onto Wood Permit
Street.
Mr. Carroll said he would look at these and report
to the Board next week.
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Mr. Mabee suggested, and the Board agreed, that in
the future a copy of all requests for permission to move
buildings should be sent to the Building Inspector.
Governor Volpe' s letter with reference to appointment
to a local Ration Board was held over
The Chairman asked if the Board felt this was some-
Ration thing it should refer to the Civil Defense Director for
Board recommendations.
The Board agreed it was, and the Chairman said he
would write Mr. Burrell for his recommendations .
The Civil Defense Report of Power Failure, November 9,
1965, was held over .
The Chairman stated the section the Board has to
concern itself with is the recommendations, and he thought
these could all be taken up at budget time.
Mr. Sheldon said, assuming the Board is going to
do something about emergency power for this building and
Civil Cary Memorial Building, which is certainly a budget item,
Defense he would like to ask some questions. He a ,ked if there
was any possibility the generator could be purchased
through Civil Defense. He understood this type of equip-
ment. was government surplus and he thought a new one would
cost $13,000.
Mr. Carroll reported he obtained a price of $10,000
on a generator that will serve both buildings.
Mr. Gray said he would have a report on the radio
communications for an article in the warrant.
The Chairman said the Civil Defense report would be
kept on file.
The Chairman read a letter from George A. Talland,
24 Forest Street, complimenting the Design Advisory Board
on its plan for Lexington Center and asking the Board
to adopt Plan C.
The Chairman said he would acknowledge Mr. Talland's
Lexington letter and state he assumed Mr. Talland was recommending
Center adoption of Plan "B".
Letter was received from Alvin L. Schmertzler,
23 Peacock Farm Road, urging the Board to support the
Committee' s plan for Lexington Center, and a copy mailed
to each memlber of the Board.
The Chairman said he would send a copy of the letter
to the committee.
Notice was received from the Middlesex County Select-
Meeting men's Association ' s Annual Meeting to be held at the Lord
Wakefield Motor Hotel, Wakefield, on Wednesday, December 1,
1965.
Upon motions duly made and seconded, it was voted
to grant the following licenses:
Colonial Garage, Inc. 1st Class Agent
Licenses Dunn t'ord Sales, Inc. 1st Class Agent
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Busa Bros. Liquors, Inc. Package Goods Store
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Connors Bros . Inc . Package Goods Store
Lexington Liquor Mart, Inc. Package Goods Store
Upon motion duly made and seconded, it was voted
to deny application for a Taxi Driver License received License
from John Joseph Woods, 19 Cibrdon Street, Somerville.
Upon motion duly made and seccnded, it was voted
to deny applica ion for a Taxi Driver License received
from William Edward Murphy, 14 Massachusetts Avenue, License
Lexington.
Richard B. Jenkins Taxi License
Robert Bjorkgren Taxi License
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen 's Meeting held
on November 15, 1965. Minutes
The Chairman read a letter from Governor Volpe
giving notice of a hearing to be held on December 6,
1965, on proposed changes in the Civil Service Rules. Civil
The Chairman said Mr. Gray should represent the Servide
Board at the hearing and suggested that Chief Corr
might be interested in attending.
Mr. Legro said two weeks ago he presented a deed
from the Town to The 1775 Realty Trust to convey Parcel
A, which is the Depot Square parcel. He has been informed
that the owner is ready to start constructicn of the
Massachusetts Avenue foundation wall. He will probably
not have the full release of Edison Way within that period Parcel A
of time and if not, it was already decided to convey only Depot Sq.
a part of the parcel in Depot Square. He said he had a
deed here for that purpose and suggested to the attorney
for the owners that the deed be held for a reasonable
time until it can determine what will be the outcome of
Edison Way. He said he was sure that would be cleared.
Upon motion duly made and seconded, it was voted
to execute the deed as presented by Town Ccunsel convey-
ing Parcel A (Depot Square) to The 1775 Realty Trust.
The Chairman said, with reference to the Salary
Study Committee, that he believed the Board aLreed the
committee should consist of the Chairman of the Board
or his designee; Chairman of the Appropriation Committee,
or his designee; Chairman of the Town Meeting Members Salary
Association, or his designee; two qualified citizens of Study
the Town. Committee
Mr. York, Chairman of the Town Meeting Members
Association, suggested Sidney Williams .
Mr. Sheldon asked if this was the Association' s
appointee or if Mr. York was suggesting the name to the
Board.
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Mr. York said hems qualified, as President of
Transonics.
The Chairman said the Board would consider Mr.
Williams as one of the two men the Board is appointing
from the citizens of the Town. He asked if Mr. York
wanted to serve on the committee himself.
Mr. York asked if the committee would run for a
couple of years or a few months .
Mr. Mabee explained it is a permanent committee.
Mr. Sheldon asked if Mr. Williams would be Mr. York's
designee, and he replied in the affirmative.
The Chairman said one name suggested last week
was Neil Chapman.
Mr. Burnell said he had discussed this with Earl
Sukeforth who said he could not do it as he thought he
was not qualified in this phase of personnel. He did
suggest Dean Beatty as being an excellent choice.
Mr. Burnell said he would check with Mr. Beatty
and the Chairman agreed to contact Neil Chapman.
Mr. York stated a meeting has been scheduled with
the Historic Districts Commission in regard to a sign
for the Public Facilities Building and he was still
confused about the type of sign the Board of Selectmen
and Department of Public Works feel should be made.
Mr. Carroll reported that the architect, Harry
Erickson, asked him for a copy of the plan showing the
sign previously approved for the Common and Malt Lane.
He called the sign company and it was sent to Mr.
Erickson over a week ago.
Mr. York said the Chamber of Commerce has sug-
gested that the word historical not be used because
the Chamber of Commerce dispenses much information
that is not actually of an historical nature. The
Chamber suggested just Information Center.
The Board concurred with the suggestion.
At 830 P.M. , Messrs Aiden L. Ripley, Donald E.
Nickerson and Wilbur Jaquith met with the Board with
further reference to the house at 572 Massachusetts
Avenue.
Mr. Ripley said within two or three days he had
been doing a little further reasearch on this, looking
back into some material, and Mr. Jaquith presented him
with Hudson's History of Lexington . He said the back-
ground of this house becomes a little more interesting.
He recited the history of the house from 1822 when it
572 Mass. was purchased by Peter Blodgett from Eli Robbins.
Avenue Mr. Ripley said last Friday evening there was a
meeting in East Lexington in the Community Center,
Follen Church, attended by thirty-five people. He gave
the group some background of the history of the house and
what proceedings had been taken up with. the Board of
Selectmen. At that meeting a petition was circulated
relative to saving the house. He gave the petition
to the Chairman.
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Mr. Ripley gave each member of the Board and Town
Counsel a draft of an agreement which he said he be-
lieved could be done and it would make it possible
to get the man in there who owns the land directly
at the rear of the house.
The Chaiman said the Board has the right to sell
the house.
Mr. Legro statea the Board took the position that
if it was going to arrange to have the building demolished,
it could save the demolition expense by permitting someone
to remove it.
The Chairman asked if the agreement submitted by
Mr. Ripley was sonething Mr. Legro could give an opinion
on at this time or if he would like time to study it.
Mr. Legro relied he would like to take some time.
It appeared to him like the sale of a building which is
next to realty involving severance without severance.
He said he believed the Board could sell it with the
agreement it could be severed from the realty and be
removed. He said he did not think the Board could
sell it and agree to have it affixed to the realty.
Mr. Jaquith stated the purpose is to bring down
to the simplest possible terms the means of getting
Mr. McGirr into the house with the right to fix the
house, not tie the Boardts hands so at any time it
could get the land back within a reasonable period
of time. He said if the Board feels it can go along,
there probably is some way to do it. It might have to
go to Town Meeting. He said there should be some way
to do this. He said the Commonwealth can own land
which, at the end of the lease, the real estate reverts
to the Commonwealth, and there must be some way of doing
this as far as t he Town is concerned. He said this
may be a sale with deferred right of removal.
The Chairman said it was Town Co_lnselTs opinion
that the Board could lease up to five years, not further,
and not give any options for a lease .
Mr. Legro said there were some implications in the
draft that he would like time to think about.
Mr. Jaquith said they want to find some way to keep
the house where it is. There is an individual who will
keep it in a respectable condition. He has seen the
draft and is willing to accept it on these terms.
Mr. Legro said he assumed, if such an agreement
were entered into, there would be nothing to prevent the
Board from entering into it and giving notice to remove the
house in six months .
Mr. Ripley said the man did not think anyone would tell
him to sign this and then put him out . He will keep up
his end of it and is anxious to get to work on the house.
The Chairman said he thought Town Counsel should be
given time to look at this draft and give the Board an
opinion of what it can do.
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Mr. Ripley said this man is interested in keeping
this as an old house and it would never became a modern
house.
Mr. Jaquith said as far as the East Village is con-
cerned, this house has as much historical significance as
any house down there. It was built in the era when the
fur business was thriving.
Mr. Ripley said while this is not one of the great
houses, it fits in so well it is a part of the Town, a
part of Massachusetts Avenue. It will stay just as it
is. He said he thought the village should be kept the
way it is .
The Chairman stated at this time the Board will have
Town Counsel take a look at the draft and advise it of
what avenues it can take and let Mr. Ripley know.
The group retired at 9:00 P.M.
Mr. York said the Flag Raising Ceremonies at the
Public Common yesterday certainly indicated the necessity for
Address a better public address system.
System The Chairman said he had discussed this very subject
with the Town Celebrations Committee, would follow it
through, and see that steps are taken to correct the
situation.
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
deliberating or voting on matters which , if made public,
might adversely affect the public security, the financial
Executive interest of the Town, or the reputation of any p rson.
Session Following discussion of various legal matters with
Town Counsel, it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 11: 10 P.M.
A true record, Attest:
; vele � Selector
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