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SELECTMEN'S MEETING
March 17, 1958
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, March 17, 1958 at 7:00 P.M. Chairman
Maloney, Messrs. James, Tucker, Adams and Mrs. Morey
were present. Mr. Gayer, Superintendent of Public
Works, and the Executive Clerk were also present.
Hearing was declared open upon application
of Thomas E. & Helen D. Neal for permission to
store gasoline, waste oil, motor oil, kerosene,
grease, anti freeze and specialties.
Notice of the hearing was inserted4n the
March 6, 1958 issue of the Lexington Minute-Man.
Mr. Neal, Mr. D. J. Buckley and one other
Gasoline individual were present at the hearing.
License Mr. D. J. Buckley, 661 Massachusetts Avenue,
Arlington, the attorney representing Mr. Neal, ex-
plained that Mr. Neal is in the process of selling
to Gulf Oil who has checked the present license.
He said that last year Sun Oil Company requested
permission to store an additional 4,000 gallons
underground and the license was granted. However,
the Gulf Oil Company saw something that bothered them
technically and wanted it cleared up. They also
felt there should be some authorization for gasoline
in the cars in the lubritorium and the oil in the
station should be included. He explained that what
he is asking is to correct, if there was an error,
that error.
The Chairman asked if all these products were
stored at the station now and Mr. Buckley replied
in the affirmative.
Mr. Neal said that he has a permit for 12,000
gallons but has only 8,000 gallons stored.
Mr. Buckley stated that Mr. Neal is not asking
for anything more than what he now has.
No one appeared in opposition, and the group
retired at 7:05 P.H.
Upon motion of Mr. James, seconded by Mr.
Adams, it was voted to grant a license to Thomas E.
Neal and Helen D. Neal to store the following on
premises located at 324 Marrett Road: 12,000
gallons of gasoline , 550 gallons of waste oil under-
ground;
420 gallons of motor oil, 120 gallons of
kerosene 100 gallons of grease, 170 gallons of anti-
freeze, 60 gallons of specialties and 30 gallons of
gasoline in two vehicles above ground.
287
Mr. James J. Carroll, Town Clerk, met with the
Board for the drawing of four jurors. The following Jurors
individuals were drawn for jury duty: Louis J.
Francis, 92 School Street, William R. Weems, 4 Eustis
Street, James Stoae, 10 Cherry Street and Warren
Nevitt, 9 Ballard Terrace.
Mr. Carroll retired.
Mr. Charles 3. Ruggiero, 10 Battle Green Road,
met with the Board relative to a sewer betterment
assessment levied against lot 44 Battle Green Road.
He said he did not feel the assessment was justifiable
for many reasons, namely one, when he came to the Town Ruggiero
Offices about two years ago and they were planning to sewer
put trees in the area he suggested he would like trees betterment
along the sides of both streets and he was told the only
place the Town plants trees was approximately on the
frontage. He was then given to believe that he had
about 14,000 square feet of frontage . He said since
the sewer charge came in his frontage has increased
and he would like to know why or how.
The Chairman explained that he had a plan and
showed the lot i question.
Mr. Ruggier said if the frontage is applicable
to one it should e to the other.
The Chairma said that Mr. Ruggiero has a total
of 224300 feet i the assessable area.
Mr. Ruggier asked why that wasn't arrived at
when the trees w re put in.
Mr. James e lained that sewer betterments are
assessed accordi to Statute which is frontage on the
street assessed imes the area going back 100 feet from
that street.
The Chairma explained that Mr. Ruggiero has
the square frontEge and his lot is larger than any
others in the neighborhood.
Mr. Tucker E.sked how large his lot is and Mr.
Ruggiero replied it is approximately 26,000 square
feet. He pointe 44 to the plan and said that when he
came down about the trees the engineer drew 100 feet
here somewhere and went back 100 feet. Now on the
sewer they start from this point and go over here.
He asked why the frontage begins from this point now.
The Chairman explained that trees are set in
by request but s wer betterments are charged according
to Statute.
Mr. Ruggier said he was under the impression
that he had 14,0 0 square feet of frontage and now he
ends up with 22, 00.
Mr. James a plained that the deed to the pro-
perty should ind tate the area of the property. He
explained that . Ruggiero doss not have 11 ,000
square feet of f ontage, that is a measurement of
area. He said h_ was charged for the sewer better-
ment on the area and not frontage .
288 z
Mr. Tucker explained that there is no connection
between the trees and sewers.
Mr. Ruggiero said he wanted tb know his frontage and
Mr.--James explained that frontage is not aquare
feet but is linear feet..
Mr. Tucker said that square footage is his linear
footage times a maximum of 100 feet, and in this case
it gives Mr. Ruggiero 22,400 square feet.
The Chairman said that he owned more than 22,400
feet and Mr. Ruggiero said he knew that, he owns
26,000 feet or more . He said if his house was facing
Battle Green Road he could see the argument, but it
isn't.
The Chairman said: he would like to see Mr.
Ruggiero satisfied and the Board would discuss the sub-
je.ct further and try to. set it uu in such a way that he
hoped Mr. Ruggiero.-would understand.
Mr. Ruggiero said he could not see what differ-
ence it makes, sewers or trees, when it comes to
frontage.
The Chairman explained that trees are requested
by people and the requests usually come to the Board
of Selectmen who then refer it to the Superintendent
of Public Works.
Mr. Ruggiero said he would not be arguing if
if he did not feel he had a right to.
Mr. Adams said, if correct in his understand-
ing, trees are put inat no expense to the abgtter
at his request and there is no comparison between
trees or sewers.
Mr. Ruggiero said he could see Mr. Adams '
point but it did not settle the point of frontage .
Mr. Adams explained that frontage bias nothing
to do w h trees and suggested that Mr. Ruggiero
look up the meeting.
Mr. Ruggiero said he did not attend a meeting.
He just asked for trees and had a discussion with
the Town Engineer who told him the trees could not
be planted anywhere except on frontage .
Mr. Tucker asked what Mr. Ruggiero would like done
and he replied that he would like to have the assess-
ment the way he thought it should' be assessed.
He said if the Board took the frontage as his house is
facing the lot and went back 100 feet he would be
satisfied with that assessment.
The Chairman said that the Board would spend
some time with him at a later date as there is a
Town Meeting this evening at eight o'clock.
Mr, Tucker said the Board would have Town Counsel
explain the assessment.
The Chairman said that as soon as the Board
has had an opportunity to get some of the facts ready
he would let him know.
289
Mr. Ruggiero retired at 7:30 P.M. and Mr.
Stevens met With the Board.
Letter was received from Mary H. Powers, 66
Cedar Street, asking the Board to consider deferment Sewer
of sewer betterment assessments on Paul Revere Road betterment
in the amount of $3,161,11 and $ 628.36.
Decision was deferred until the next regular
meeting of the Board.
Upon motion duly made and seconded, it was
voted to grant the petition of the Boston Edison
Company and the New England Telephone and Telegraph
Company for the following j/o pole location:
Moreland Avenue, southerly side, ap-
proximately 65 feet east of Moonhill
Road.
One pole, guy wire and anchor.
One existing j/o pole to be removed.
Mr. James reported that inasmuch as the swimming
pool repair item had been included in the Park
Department bud et Mr. Gayer check with a consulting
engineer and wars advised that the cost to repair
the pool will be $25,000 and not $12,000 to bring
it up to modem standards and correct the defects.
It can be repaired and brought to as good condition
as it used to be for the $12,000 but that would
not be eccordir..g to present day standards and if it
were built tod y the State Department of Public
Health would n t approve it. He explained that be dis-
cussed the sub ect with Mr. Ferguson and he recommends
approval of $2 ,000.
The Chair n suggested, and the Board agreed,
that Mrs. More and Mr. Adams represent the Board at
s: meeting to be held with the Traffic Study Committee
for the purpose of considering proposed amendments
to the Traffic Rules and Regulations. Items discussed
by the Board a various times in this connection are :
Limited parking park4mg at the Central Block, bus stop at
the Douglass Funeral Home , parking meter at Muzzey
Street, No parking on Muzzey Street and Clarke Street,
removal of meters from Grant Street, parking meters
at Emery Park, parking meter at Lexington Savings
Bank, and Yiel Right of Way signs.
The Meeti g adjourned at 7:55 P.M.
Due to t limited time before Town Meeting,
it was agreed o hold the next regular meeting of
the Board on T esday,March 25th at 7:30 P.M. pos-
sibly in the E gineers+ Room because the Board of
Appeals has re. erved the Selectmen' s Room for that
night.
290
A true record, Attest:
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-xec ' ive jnerk, Select
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