HomeMy WebLinkAbout1964-12-28-min a
SELECTMEN'S MEETING
December 28, 1964
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room Town Office Building, on
Monday, December 28, 1964, at 7 :30 P.M. Chairman Cole,
Messrs . Brown, Burnell, Cataldo and Sheldon were present
Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant,
Mr. Carroll, Superintendent of Public Works, and Miss
Murray, Executive Clerk, were also present
Verbal request was received from Mr. James J. Carroll,
for drawing of two jurors The following individuals Jurors
were drawn for jury duty Nicholas L. Durso, 5 Patterson
Road, and Robert E. Baylis, 92 Adams Street.
Mr. Gray reported that the Accounting Department had
requeted a transfer of $400 for the purpose of a new
long carriage typewriter, the old one ha\ ing broken down
He advised that he had discussed the matter with Mr Transfer
Blaisdell, Chairman of the Appropriation Committee That
Committee is meeting this evening, and if the Board ap-
proves, he uould advise it so that action can be taken.
UpOn motion duly made and seconded, it was voted
to request the Appropriatinn Committee to transfer the
sum of $400 from tie Reserve Fund to the Accounting De-
partment Expenses Account.
Mr. Gray reported that an additional sum of $2300
is needed in the Insurance Account. He explained when Transfer
the budget was figured, the participation credit which
the Town did receive was credited to the Excess and De-
ficiency Account, and not the Instrance Account .
Upon motion duly made and seconded, it was voted
to requ st the Appropriation Committee to transfer the
sum of $2300 from the Reserve Fund to the Insurance
Account:
Mr. Carroll referred to the Concord Avenue sidewalk
bids on 'which he reported last week, and advised that the
corrected figure of the low bidder, Belli Bros . , is $25,978.25.
There are funds available only to award the contract on
the basis of the low bid, not the alternate of $33,003.75.
That will construct the sidewalk from house #137 to Waltham
Street. He said he felt, if the Board feels it wants to
go all the way up next yeaz , he thought it could add the
alternate part of the construction in the spring when
money is available . He recalled that the original
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petition was for a sidewalk from house #137 to Waltham Street
Mr. Cataldo mentioned that the Board felt, at the
time, if the sidewalk was ever going the entire distance,
it should be done now
Mr. Carroll recommended constructing the sidewalk
from house #137 to Waltham Street now and stated the
contractor will still be the low bidder in the spring
The Chairman said as long as the Board makes sure
it is in the record, it will take a look at this in the
spring and not make any commitment that it will be done
in the spring.
Upon motion duly made and seconded, it was voted
to award the contract to Belli Bros. , the low bidder,
at the bid price of $25,978.25 for theconstruction of a
sidewalk on Concord Avenue from house #, 137 to Waltham
Street.
Mr Carroll mentioned the fact that the Board asked
him to work with the School Department relative to plowing
sidewalks whichare not now plowed by the Town. He re-
ported he wrote to Mr . James Maclnnes, sent him a copy of
a snow-plowing map and asked him to indicate the sidewalks
he thought should be plowed.
Mr. NacInnes stated in his letter that he could see
no elimination of school buses by the suggestions that
he made. He listed the roads that he thought would help
the walking situatinn to and from school.
Adams School - Taft Avenue and Charles Street.
These would provide addesses to Massa-
chusetts Avenue and allow many of the
feeder streets to filter onto them.
Joseph Estabrook School - Turning Mill Road from Grimes
Road. Gould Road and Dewer Road. The
number of children using these streets is
not excessively large but is within the
mileage distance, and there is some concern
about the Turning Mill Road and Gould Road
corner as it is quite hilly and curvy.
Fiske School - Thoreau Road and Emerson Road
Munroe School
Muzzey Junior High School - These two schools are in the
same district. Winthrop Road, Highland
Avenue and Percy Road are feeders for these
schools
Senior High School - Worthen Road from Waltham Street to
Kendall Road .
Mr. Carroll said the only one he did not think the
Town should plow was Emerson and Thoreau Roads because
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there is no connecting sidewalk. He intends to recommend
to the Board that a sidewalk be constructed here next year.
Upon motion duly made and seconded, it was voted
to plow the sidewalks listed by Mr.Maclnnes with the ex-
ception of Emerson and Thoreau Roads
Mr. Carroll said at the same time he asked about
plowing the portion of Marrett Road from Waltham Street
up to Spring Street Mr Carroll explained the problem
here is there are sections of the street, especially the
one from' Follen Road to Steadman Road, where the trees are
in the middle of the sidewalk area. He stated it is im-
possible to get a sidewalk tractor in there without get-
ting it into the str-et. He said this sidewalk should
never be plowed unless the money is appropriated to re-
build it and take down the trees. He said it would be
unwise to go out on the street as then it would imply
that theisidewalk is out in the street . He recommended
that the Town not plow Marrett Road this year.
The Chairman said the Board was in sympathy with Mr.
Carroll's recommendation.
Mr. Carroll said the hearing on street construction
has beenlscheduled for January 27, and he should know
fairly sbon the streets that are going to be accepted Streets
so he can have a plan made up as notices have to be sent
out. He presented each member of the Board with a copy
of his street budget to look over and suggested that it
decide on this particular budget next week
Mr. Carroll referred to the Planning Board 's letter
of last week relative to the acquisition of a parcel of
land on Adams Street, opposite Emerson Road, owned by
Chester Lidberg He said Mr. Zaleski, Planning Director,
has been discussing this subject with him for some time now.
Mr Carroll told the Planning Board, at Mr. Zaleski's request,
where he felt Em- rson Road should ,go - in the approximate
location shown on the plan he submitted tothe Board. He
stated the problem is one ofcost Mr. Zaleski thought
the road could be swung around and come at the side of the
hill. Mr. Carroll said it might cost as much as $90,000
to go through there if it is solid ledge . He said the
Board coMld become involved with the possibility of buying
Lidberg'Is house . He said he felt the road should be lo-
cated about as it is shown on his plan and stated the Town
is more or less committed to this location.
Mr. Sheldon asked if borings should be taken and Mr .
Carroll -eplied if it is important, but he did not like
the idea of changing the location of the road. He
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explained Mr. Zaleski 's idea is that Mr . Lidberg can get
one more lot by moving the road and therefore he would
give the Town a better price.
The Chairman asked if an appraisal had been made.
Mr. Gray replied in the affirmative and stated it
covers both possibilities as he remembers it .
The Chairman said Mr. Carroll was recommending that
the Board proceed according to the original plan.
The Chairman referred to the Planning Board's letter
and said the Selectmen approve the Planning Board carrying
on on the basis of the original proposal.
The Chairman read a letter from Alfred P. Tropeano
with reference to Vine Brook Meadows, Section Two, advising
that all the work on this subdivision has been performed to
the satisfaction of the Superintendent of Public Works with
the exception of spot loaming and reseeding the shoulders.
Mr. Tropeano requested a check in the sum of $650.46 so
Vine Brook that he might forward it to the contractor
Meadows Mr. Carroll recommended that the request be granted
Section Two Upon motion duly made and seconded, it was voted
to authorize payment of $650.46
Request from the Metropolitan Building Movers Co.
for a permit to move a building from 544 Appleton Street,
Permit Arlington, to 15 Webster Hoad , Lexington, was held over
for one week at the request of Mr. Carroll.
The Chairman read a letter from Mr. Stanley Roketenetz,
Jr. , addressed to Mr. Carroll, in regard to certain monies
withheld by the Town under a provision of the contract.
Mr. Carroll stated collections have been good, but he
recommended that the Board consider this at theend of the
Garbage contract.
contract Upon motion duly made and seconded, it was voted
to advise Mr. Roketenetz that his request will be con-
sidered at the end of the contract.
The Chairman read a letter from the Jaycees with-
drawing a request for permission to burn Christmas trees
Christmas at the old dump site on Lincoln Street, permission having
'trees already been granted to use the lot adjacent to Systems
Development Corp. on Hartwell Avenue, through Cabot, Cabot
& Forbes .
The Chairman read a letter from the Fire Commissioners
requesting insertion of three articles in the warrant for
the Annual Town Meeting in March
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The Board agreed that the Commissioners were entitled
to having the articles in the warrant but desired more
information relative to the appropriation of $18,500 for
modernization of Fire Alarm Room at Headquarters .
Letters from the Fire Commissioners advising of
balances in accounts to be returned to the Town were Balances
noted and placed on file.
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen' s Meeting held Minutes
on December 21, 1964
At 8:00 P.M. , Mr. Donald E. Nickerson, Chairman of
the Board of Appeals, Mr. Donald K. Irwin, Building In-
spector, Mr. Arthur E. Bryson and Mrs . Natalie Riff in, of
the Planning Board, and Mr . Lester York, met with the
Board. Zoning
The Chairman stated that some of those present had
met with the Weyerhaeuser people who are desirous of
putting a warehouse in the Town' s recently rezoned area
warehouse district which would be third-class construction
because they are a wood producing outfit and would like to
have the building wood.
Mr, York stated the warehousing people are a nationally
known concern dealing in laminated wood products. All
their material is prepackaged in the mill. They came to
Cabot, Cabot & Forbes for an area which would have railroad
siding. He stated Cabot , Cabot & Forbes called him and
asked if there would be a possibility that Lexington would
welcome these people to the Town as a new industry. This
is for wholesale distribution of their products The new
warehousing zoning has been approved. Two items in that
which they would not want to comply with. One would be
the fact tx.e zpning calls for first-class or second-class
construction. The interior of the building will be
sprinklered. They don't want a building of stone and
brick. Cabot, Cabot & Forbes recognized a beautiful
building would be built . They are willing to let down
the bars because they do have a stipulation in their deed
for brick on all sides . Mr. York presented pictures of
the firm's operation in Charlotte, North Carolina. He
said all lumber will be p epackaged in even bundles of
even length. Occasionally there will be laminated beams
stored. This is a wholesale operation. The yard can be
screened by trees and fencing. He said there is one other
point to bring out here. Because of the weather, they
plan to build sheds. There will be times when there will
be outside storage in addition to what will be housed under
these sheds. He also presented a plan and indicated to
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the Board the parcel of land the company is interested in.
Mr. York said, as he understood it, they would end up with,
#1, the fact it is not first of second-class construction,
but third-class construction; #2, the new zoning law says
no outside storage. There will be outside storage at
times . They found they had to put in a screen to keep
the snow and ice from drifting in The sheds will all
be in the rear and almost impossible to see from the road.
The third thing is, in the building code, there is a
requirement that they have a fire wall. In the type of
operation they have, they would like to have it all open.
One other point is, they feel this will have an assessed
Valuation of $600,000 There will be 45,000 square feet
in the main building.
TherChairman said the first major question is, is
there any way, if the Board wanted to, to give them the
right to have third-class construction the way the zoning
law is written.
Mr . York said only through the Board of Appeals can
these variations be permitted.
The Chairman asked if the Board of Appeals has the
right to give these variations .
Mr. Legro stated that the building code calls for
first-class or second-class construction.
Mr. Irwin said there are area limitations . These
can be increased by the use of a sprinkler system. Certain
types of uses and buildings require various classes of con-
struction. There are two problems they are faced with in
the building code They don't want fire walls .
The Chairman asked, if the Building laws state this,
does the Board of Appeals have the right to grant the
variation
Mr. Legro stated it has the right to vary the building
code where strict enforcement would involve stbstantial
hardship and where desirable relief would not substantially
derogate from the intent or purpose of the By-Law, but not
otherwise
Mr. Nickerson explained this would be a finding and
determination which the Board of Appeals would immediately
refer to the Planning Board for study and advice, which it
is compelled to bring back to the Board of Appeals in a
month That would refer to the size of the building, the
location, etc. , etc He saidthe Board would also have
the question to submit to the Building Inspector, or possi-
bly to legl counsel, could the Board permit the variation
for a third-class construction. He menticned that second-
class construction requires masonry walls and the subdivision
of areas by a fire-proofed division. This would be wooden
walls and no subdivision. He said it certainly is not a
simple thing. The Board of Appeals would send out its
reque t for advice from the Planning Board and from Town
Counsel and in a case like this, it would want to find
out how the Selectmen, and if possible, the townspeople
at large, would feel about such a substantial variation.
He said he read through the minutes of the Planning Board
that there was a concerted objection by the people in the
neighborhood. He said he felt in an appeal, if the Judge
read these articles here, he would set this aside
The Chairman stated that Mr. Zaleski, Planning Director,
sat in on the original approach by these people and asked
if he has reported to the Planning Board.
Mr, Bryson replied he has not been given time. The
Planning Board has had the basic facts He said his main
consideration here is it would require a change in the
Zoning By -Law. He said he felt any citizen bringing
a suit against the Town would win because there is such
a substantial variation. He said he thought eventually
the Town could obtain more firms of the type it has here already.
Eah# tithe the Town goes down further and further on the
ladder, the less chance it has He said he did not like
outside storage. The third-class construction also gives
him some concern about a law case.
The Chairman said the chances are the advice from the
Planning Board would be negative .
Mr, Bryson said he believed so.
The Chairman said there is enough pessimism regarding
this project to say the Board will not give them much
hope.
Mr. Bryson said he would like to see if they would
have fire walls and no outside storage.
Mr„ Nickerson said there is still a building with
wooden exterior walls. The Planning Board could never
say this really complies as second-class construction.
The Chairman said the Town is pretty much bound by
the Zoning By-Law as it stands.
Mr, Nickerson said unless this came to the Board of
Appeals with everyone in favor of it, Planning Board,
Building Inspector, all concerned, he knew the Board
would say it would have none of this. If it did come
with everyone coinciding, the Board of Appeals would give
it its best consideration. He said if he read the
Planning Board minutes correctly, he did not believe it
would be entirely favorable .
Mr, Bryson mentioned truck traffic .
The Chairman said it would not be at peak traffic
times and about 99% of it would be on Route 128.
Mr, York said the materials would come in by freight
car and ;go out from the plant to their dealers between
eight and five. There would not be any large amount
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during the rush hour.
Mr.Bryson stated the area had been zoned for light
manufacturing for many years . The difference between
the type of warehousing proposed here is hardly distinguishable
and the people objected tothe truck traffic
Mr. Irwin said they are going to bring in 1,000 full
truckloads going out for distribution.
The Chairman said the Board has an idea of the Plan-
ning Board 's thinking. Unless there is wholehearted
support, it would be foolish to entertain it .
Mr. York stated he asked Cabot, Cabot & Forbes what
would Weyerhaeuser 's reaction be if they could put the
building in, third-class, but no outside storage. They
thought they would be able to sell this to Weyerhaeuser.
The Chairman stated as time goes on, they might have
to resort to outside storage.
Mr. York said he believed these people would not
jeopardize their position. They are buying this land
and will own the property themselves. This is quite
important. They will have to maintain it and take care
of it.
The Chairman asked for the Planning Board 's reaction
to no outside storage and still third-class construction.
Mr. Bryson replied he would prefer second-class
construction with open storage screened.
The Chairman said they would like to show the product
off in their own building.
Mr. Sheldon advised they could construct a secondrelass
building and wood veneer it.
Mr. Irwin said this had been suggested
Mr. York said they are in the laminating business, and
if the Town insists on second-class, this is in opposition
to what they are selling the public .
Mr. Sheldon said they are mixing up merchandising
with zoning.
Mr. Bryson said the purpose of the building code is
to protect the public and this includes fire construction.
He said if the Board could ask for opinions of people who
have seen this, and it could be assured this was as safe
as second-class construction, the Board might consider it
He said he did think it would entail a Zoning By-Law change
The Chairman asked if it was agreed that unless there
is wholehearted support, it should not be attempted
Mr. Bryson stated it is not the Planning Board 's intent
to keep business out of town. If some compromise could be
worked out and the Board were assured this was fireproof
He said he felt the only safe way to do it would be to have
the Zoning By-Law changed or rewriting of the building code.
Mr. Sheldon said if evidence is to be obtained, it
would be important to get an opinion from the Fire Department
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or go beyond and find out how good a sprinkler system would
be.
He asked if the Board got facts and stopped there,
or go to the hearing phase and then the article at Town
Meeting.
Mr. Nickerson said he has a plant that is not third-
class construction. It is masonry and wood framing. He
feels his sprinkler system is 100% effective . The sprinkler
system in this warehouse could not be conventional type
of water pipes. It would work when the temperature goes
below freezing. This warehouse will not be heated, but
it is perfectly efficient
Mr. Sheldon asked if there was any real problem that
could notl beurm
s ounted by good engineering.
Mr. Irwin said he agreed This propertywill be
removed from the other properties. It is their own pro-
perty. The area requirements will not be too much danger
to someone else 's property. With the sprinkler system
they will have protection. This is only a small part of
the answer.
Mr. Nickerson said if the Boards attempt to tear this
recently-passed article to pieces, it would be silly. Be
said he thought, if this is going to be considered, it
should beton its own basis without changing the recently
designed By-Law
Mr . Cataldo said if the Board can go along with some-
thing like this, both the Building and Zoning By-Laws will
be substantially broken down. He said he would rather see
a much better package buildingwise. He infermed the group
that Georgia Pacific in Needham has everything under cover
and all first-class construction. He said if the Building
and Zoning By-Laws are broken down, these people should be
asked to put everything under cover. He stated the Board
should fight for this and not break everything down.
Mr. Legro advised that in addition to the variation
of the Building code, the Zoning By-Law must be varied.
Both variations require determination of hardship to the
applicant peculiar to the locus different from the rest of
the district. No facts support any such hardship
Mrs. Barrabush, Eldred Street, said she thought the
Fire Department should have something to say about this .
The Chairman said before the Board gets into the Fire
Department, it has other problems to solve, and it seems
this has many obstacles to overcome. He said the question
is, how mrrIch can the Town compromise.
Mr. FBryson said the company is trying to get a wedge
into changing the Zoning and Building By-Laws . This gill
be part o the propaganda to get other towns to change their
By-Laws. He said perhaps the company could tell the Board
how it got the laws changed in St . Louis
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Mr. Nickerson said this is the area they would select
as their center distributing point . Whether Town Counsel
would think that much of a hardship, or the Judge would
consider it a hardship, is doubtful.
Mr . York said it is their intention to have three
small op rationsiin this area. They must have rail
siding .
Mr. Cataldo asked if they had approached any other
towns asking them to do what they propose here.
Mr. York replied they have looked at Wakefield , but
there it is costly to bring the railroad in.
Mr. Cataldo asked if they discussed it with the Town.
Mr. York replied in the negative . He said they would
prefer Lexington because of the central location.
Mr . Cataldo said then they have not reached this point
in any other town.
Mr. York said no they hadn't .
Mr. Sheldon said he believes Town Counsel is saying
unless by vote of Town Meeting the Zoning By-Law is
amended or changed, this is going to be impossible.
Mr. Legro said he thought the Board of Appeals would
have a problem finding hardship. That is an absolute
requirement, one of the four.
The Chairman said it seemed tohim the problems facing
this are almost insurmountable, and if this is the case,
they might as well stop where they are
Mr. York said he would like some effort, if this is
possible . This is a good company
The Chairman said there is no argument , but if they
are going to have a problem in proving a hardship, it
would seem farfetched to find a hardship.
Mr.York asked if he went to the owners of the pro-
perty, with the owners to prove a hardship, would it be
up to them.
The Chairman replied this would be the first stumbling
block. He said Mr . York knew the Planning Board 's attitude.
There are too many areas to get a compromise .
Mr. Legro said these are all zoning violations too .
Mr . Nickerson said there is a third zoning violation.
Mr. Sheldon said if the Planning Board felt it would
like to hold a hearing, to get the sense of the meeting,
and if a majority of the peoples ' attitude was definitely
against this, then it would be known they are going to
remain against it . If their reaction turns out favorable,
that would be an indication to go a step further which
would be to go to Town Meeting.
The Chairmansaid this would be taking steps to weaken
the Zoning By-Law
Mr. Bryson pointed out that people who attend hearings
are usually people opposed . People in favor stay home.
The Town Meeting often favors things people are against.
M"s. Riffinrsaid she felt the Zoning By-Law was
written to protect the people, the Town and buildings
already standing. If the Boards are willing to break
it down, it would mean someone else would come in and
have outside storage. She said she objects to outside
storage. She said the Board worked ,pith the other
companyiwho wanted to put in a warehouse, and it was
acceptable to other companies who are willing to come
in and guild under the By-Laws.
Mr. Gray said he would think Mr. York could go
back and talk to these people . If the company needs
this location and siding badly enough, they may be
willing to .
The Chairman asked Mr. York if he wanted an excerpt
of the minutes . He said the appearance would be what
they desire, but the construction would still meet the
code.
It was agreed that Mr. York would approach these
people again.
The Chairman said there are two business properties
in the center ; The old Central, Block and the Hunt Building.
He asked if they a e destroyed and reconstructed , who
could give them permission to have apertments on the Hunt Block
third floor. and
Mr .Nickerson said they could not have apartments Central
on the third floor. They could have two and a half Building
stories with sleeping quarters , but cooking, no. He
said if the buildings are completely destroyed, then they ace
are out of business .
Mr. Irwin said none of the codes provides for mixing
uses. These buildings are nonconforming
The Chairman asked if a variation could be granted.
Mr. Nickerson replied in the negative . He said
this would not be a finding and determination. He said
if that was broken down, there would be customers.
Mr . Cataldo asked if there was any way to bu'. .d a
three-story building and have apartments on the third
floor.
Mr. Nickerson replied not unless the Town changes
the Building By-Law.
Mr,. Irwin said there a e height limitations too .
Mr. Cataldo asked if they put an addition to the
building as it is now, could they do it .
Mri. Nickerson said an addition would be subject to
as if it were new construction.
The group retired at 9 :00 P.M.
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Upon motion duly made and seconded, it was voted
License to grant an Innkeeper' s license to Motels Management
Corp. , Inc. , Battle Green Inca
Upon motion duly made and secondea, it was voted
to grant the following Taxi Driver licenses, subject
to satisfactory references being received from the
Chief of Police
Licenses
Henry W. Jenks, Bedford, Mass.
Joseph W. Miles Arlington, Mass
William R. Callahan Lexington, Mass.
Letter from the New England Stites Exhibition, in
Lexington regard to a Lexington Day at the World 's Fair, was re-
Day ferred to the Town Celebrations Committee for perusal
and recommendations
Upon motion duly made and seconded, it was voted
Option to exercise an option for the acquisition of the Lyon's
property on Waltham Street, as presented by Town Counsel
Notice was received from the Emergency Finance Board
School of authorization to borrow for school construction. The
Borrowing Clerk was instructed to forward the vote of the Emergency
Finance Board to Town Counsel.
Memorandum from Douglas T. Ross, 33 Dawes Road, in
Land regard to an exchange of land was held over to give Town
exchange Counsel an opportunity to read it .
Memorandum from TMMA regarding reports of Advisory
Committees on articles was held over to give Town'Counsel
an opportunity to read it
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Mr. Gray reported on the Jaycees ' request to hold a
circus on Parker Field, and Mr. Cataldo said the question
Circus was raised as to whether or not the Board could grant
them permission to charge admission to Parker Field.
Mr. Gray was asked to check further in regard to
charging admission
Mr. Steele, Chairman of the School Sites Committee,
Mrs . Morey, a member of the Committee, Mr. Viano, Chairman
of the School Committee, Messrs . Page and Fenske of the
School Committee, and Dr. Fobert, Superintendent,met with
the Board.
The Chairman said the meeting was to discuss the
possibility of having another school site other than
Moreland Avenue site He said the School Sites Committee
was investigating another site on Pleasant Street
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Mr. Steele said the Town owns, in theory, the Tarbell
and Moreland Avenue site . Because of the high site prepa-
ration cost of Moreland Avenue, the Town Meeting wanted
the Committee to try and find some way to get a site for the
MorelandAvenue School site . In checking through all
possibilities they could think of , and getting the right
site location and saving money, Tarbell Avenue has been
eliminated. That gets them to the present Moreland
Site with the possible additional land in the mimediate
area, higher and drier, at a much less site preparation
cost, or a new site, such as Pleasant Street-Mason Street
site, which would split the two sites . This is the area
in which the long-range town plans show Emerson Road and
some have mentioned Route 3. To acquire this land will
cost about $70,000 for the land. It is a good site . The
people involved have looked it over. Mr . Carroll and the
architect have been over it, and it is acceptable as a good
site. In talking with the School Committee and the
Standing School Building Committee, their first choice was in
the Moreland Avenue area. The Sites Committee then went
back to that to see what might be done It does see site
costs He said he has looked into acquiring land adjacent
to it, Owned by Mr. Carrig, and some other land just above
the Moreland Avenue site in which the Town has three or
four pieces of tax title property, and an easement to get
into the Carrig property. The coa:mittee has been trying
to get real information to present to the Board this even-
ing and say this is exactly it . There are available
borings in some of the immediate area. He said the com-
mittee proposes that the next school site for the Moreland
Avenue school will be in that immediate area and try to
acquire land close to it . He said it will mean an addi-
tional expenditure for some land around it . The Committee
recommends that if an article has to be presented that it
be handled atthis time so that immediate area could be
the next Moreland Ave _ue School site . He said before get-
ting to the final wording, his committee will know exactly
what is there and what land it should take . This will
require more study and professional information so the
eommittee will have exact information for the Town Meeting.
He said the committee thinks this would be the best
solution to the problem. This is the opinion of the
School Sites Committee . He said he knew everyone has been
concerned and tried to help. If anyone wants tospeak,
they should do so .
Mris . Morey said the Board asked the committee to come
in hers two weeks ago toniLht . She said she did not
think they had the meeting they miEht have had . There
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has not been the time for a concerted study She said
the wording of the article would not have to be taken
care of until the warrant is signed even though the
warrant closes January 8. She said they estimate $500
based on what the committee has of studies previously made
available, plus further study of specific acres involved,
the cost should not be over $1,000 and she thought it
would be under $1,000. All of this cannot be done in a
few days . The committee does not think tonight it should
say this is it
The Chairman asked if the committee had made its
recommendations to the Standing School Building Committee .
Mr. Steele said, on the telephone to John Hargrove ,
He has talked to Dr. Fobert, Mr.Viano, Mr. Cataldo and
Mr. Page, several people individually to get their thoughts
on this to see if thecommittee was going in the right
direction. The concensus seems to be this is the direction
in which the committee should work.
The Chairman asked if the architect would have any
problem.
Mr. Steele replied this is what the committee has to
find out. The gentleman is in Mexico and that they have
to check on.
The Chairman said ifthe Board reserves an article
in the warrant, it could conceivably come in the area of
Moreland or Pleasant Street.
Mr. Steele said it could conceivably, That is why
the committee wants exact information so it can decide
what is the thing to do . The committee still thinks
it will take two or three weeks.
Mr. Viano said they were all set to build the school
on the Moreland Avenue site and he did not think at this
point they would reverse that decision. If there is
land high and dry, they would be happy. If it is the
Mason Street site, they would be happy
Mr. Fisher said they need to start next fall.
Mrs . Morey said if the architect could adapt the
plans to a slightly different land, it might cost more
planwise but might save more for the site development.
Mr . Steele said his committee should have more posi-
tive information and he thought it would take a little
longer and get more specific facts on both places .
Mr. Viano said on the Carrig land, consideration
would have to be given as to how it will affect building
Worthen Road .
Mrs . Morey said the committee has been looking at
the plan.
Mr. Steele said he wanted more time to get answers
He thought the Board could go ahead and prepare the
articles to get the bids out next fall.
��hhq Cha'rma said the committeeleans to ad�_ itional
land in the Niorelland Avenue area and wants more time.
Mr., Steele said the Lioreland Avenue site - they need
a school, Carrig's land will be developed and the Swenson
Farm will be developed. It seems to be the committee
this is the proper location for this next elementary school .
Maybe some time in the future, Tarbell Avenue site will be
needed the School Committee is more or less leaving it
up to the Sites Committee.
Mr Viano said this approach seems favorable to the
School t omioittee .
Mr. Cataldo said he understood the Conservation Com-
mission is going to have an article to buy eighty acres
of the Swenson Farm
Mr$. Morey said the committee would let the- ioard
know when it has something to report
The group retied at 9 :40 P.M.
Mr.i Dean Nicholson, attorney for Mrs . Virginia Coleman,
Wild Acre Inn, 50 Percy Roac , met with the Board
The Chairman read a letter from Mr. Nicholson, dated
December 15, 1964, which the Board had at its last meeting Wild Acre
advising th t Mrs Coleman is desirous of changing her Inn
license ,from an Innholder to a Lodging House
Mr. Nicholson said what has happened, in 1964 the
State Legislature came up with an amendment to the
statute and the statute was designed to have the Depart-
ment of Public Safety have jurisdiction over motels. Prior
to the Change in the statute which went into effect in 1964/
in order to come under the jurisdiction you had to have so
many roems, a certain capacity, so m^ny rooms above the
second floor, none of which Mrs . Coleman ever had There-
fore, she was not under their jurisdiction. Then this
statute came along and a Mr. Littlewooc , an Inspector, said
it should be under the jurisdiction of the department and he
suggested if she did not have an Innholder 's license she
would not be under its jurisdiction because she is not
operating a motel but simply a lodging house. She rents
a few moms there and that is the way it has been for
fifty or sixty years . She owned the place since 1956.
She is 0 widow with five children and would like to change
the license from an Innkeeper to a Lodging House . She does
not care about the Common Victualler ' s license . In 1964
the statute was amended to give the Department of Public
Safety jurisdiction over motels and in so doing, it auto-
matically swept in this p rticular piece of property
They themselves suggested that her operation was a Lodg-
ing House. If thelicense were c.ianged, they would not
come into the picture . He said they have not made any
inspection but if they did, they would have to require
many changes which would be very expensive . She is
a nurse working day and night to send her children to
school and keep this place going
71:34
01
The Chairman said she was swept into their jurisdiction
by the type of license she held She contends she has
always run a Lodging House.
Mr. Nicholson said she caters to men who come from
out of State connected with firms on Route 128. Prior
to their family moving,_to town, they will take a room
for two or three weeks Tourists in the summer take a
room. It is not like a hotel. She has less than ten
rooms . Room to accommodate less than ten. Some people
like to have breakfast in the morning . It is more of
an accommodation. She would like to have the licenses .
It is a three-floor building and I think four on one
floor and five on another. I don't know how many baths.
I think there is a bath for almost every room.
Mr. Nicholson retired at 9 :50 P.M.
The Chairman asked if, she has in fact been running
a Lodging House although callit it an Inn, there is any-
thing that can stop the Board from giving a Lodging House
license.
Mr. Legro advised not if the Board determines this is
a Lodging House.
Mr. Adams stated this has always been an Inn.
Mr. Legro informed the Board that there is evidence
in the past that they conducted an Inn there and so classi-
fied it when they came before the Board of Appeals to
change it from an Inn to a nursing home . The taking of
transient guests in the summertime is typical of the op-
eration of an Inn. He advised if they have been operating
an Inn there and the Board grants a Lodging House license,
it seemed to him it was putting some stamp of approval
from a different operation than what they have a noncon-
forming use for. If they had been conducting a Lodging
House that predtate the Zoning By-Law, they have a non-
conforming use. The mere fact that the Board has, through
misunderstanding, issued an Innkeeper's license from year
to year causes some question to be raised He said whether
this Board wants to make a determination that maybe should
go before the Board of Appeals , he didn't know. He said
if the Board has been granting an Innkeeper 's license and
now changes it, it recognizes a past error or a change in
use
Mr. Sheldon said if the Board grants a Lodging House
License, the only problem is to make sure it is run that
way.
Mr. Legro said if the Board does grant a Lodging House
license, it should make sure they are operating a Lodging
House.
Mr. Sheldon said since she purchased it, she has been
running a Lodging House .
Mr. Legro said then she has been vithlating the Zoning
r9
e)epiel
By-Law, and this is not the Boa d to enforce the Zoning
By-Law, bt.$t he did not think the Board wanted to be put in
a position of dondoning and granting a license when the
Building Inspector would have to say it was in violation. License
He said a Lodging House has the right to select its guests
The Board determined that it had erroneously issued
an Innkeeper 's license in prior years, and upon motion
duly madeland seconded, it was voted to issue a Lodging
House license to Mrs . Virginia Coleman, d.b.a The Wild
Acre Inn, 150 Percy Road.
Upon motion duly made and seconded, it was voted not
to grant a Common Victualler license to Mrs . Virginia License
Coleman, d.b.a Wild Acre Inn, 50 Percy Road .
Mrs . Morey said she had a letter from Dr. Fobert
re the use of the Veterans ' Memorial Library in the
High Scho 1 for a curriculum development center and a
professional staff She said it disturbed her that Veterans '
no one looked into why there is a Memorial Library, and Memorial
in the planning of the school, it was ignored She Library
left a copy of her letter to Dr Fobert with the Board.
Mr. qataldo said the School Department is not going
to change the intent.
Mrs. Morey said the books have been removed and it
is planned to use the room for a curriculum center for
teachers.
Mr. Cataldo said the original report called for a
three-man committee which was never set up for the per-
petual usefulness of this room. He said the useful-
ness of this room may change from time to time and they
should do ;[whatever is in the best interest of the Town
He said it will still be a Veterans ' Library.
Mrs . Morey said the students should be using it and
not the teachers.
Mr. Cataldo said he looked at the room last week and
it is a very impressive room. Some of thechildren are
scratching their names on the wall and he thought this
should be looked into. He said he knew that Mr. Edward
Rowse, a Member of the committee, has no objection to the
proposed talse.
Mrs. Morey said a Memorial established ten years ago
should not be changed without some questions being asked
and they should have in their planning considered this a
library study room.
Mr . Cataldo said it is physically impossible to have
this as a schothl library.
Mrs . Morey retired at 10 :15 P.M.
The Chairman said he would have copies of this letter
sent to the Board and Town Counsel.
X36
al
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
interest of the Town, or the reputation of any person
Following discussion with Town Counsel in regard to
options, it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 10:35 Y.M.
A true record, Attest
Jf
civ le Sele ct ,.n
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