Loading...
HomeMy WebLinkAbout1955-05-02-BOS-min 44CD c� CL SELECTMEN'S MEETING May 2, 1955 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building on Monday evening, May 2, 1955 at 7:00 P.M. Chairman Bateman, Messrs. Reed, James and Maloney were present. Mr. Burns, Supt. of Public Works, and the Clerk were also present. Mr. Gay arrived at 7:25 P.M. Mr. James J. Carroll, Town Clerk, met with the Jurors Board for the drawing of seven jurors, and the follow- ing individuals were drawn for jury duty: Joseph M. Gaffey Contractor 52 Maple Street Alfred W. Jackson Custodian 7i4 Ward Street John P. Whalen Furniture 11 Harrington Road Ralph W. Howe Retired 20 Hancock Street Harry A. Jenson Bookkeeper 18 Spring Street James E. Mullen Supt. 69 Bertwell Road David L. Peirce Travel Bureau )41 Locust Avenue Mr. Carroll retired Hearing was declared open upon petition of the Manhattan Builders, Inc. , for permission to store 500 gallons of gasoline in an underground tank on the prem- Gasoline ises located at 145 Waltham Street. hearing Mr. Ernest A. Giroux, representing the petitioner, and Mr. William H. Lyon were present at the hearing. The application was approved by Deputy Chief Bernard J. Belcastro, head of Fire Prevention. The Chairman inquired if this petition was on an existing tank and Mr. Giroux replied in the affirmative. Mr. Giroux explained that he was present at the hearing bedause the petitioner was unable to attend and furthermore he instigated requesting continuance of the use of the tank, which has been for a number of years. He said he believes it was installed before the Leary' s owned the property and according to Mrs. Sexton there was gasoline in the tank two years ago, but it has not been used since. He stated that the gasoline would be used for private use only and for no other purpose. Mr. Reed asked who would use it and Mr. Giroux replied that it would be used by the Manhattan Builders. 45 Mr. Reed asked what they would use it for and Mr. Giroux replied that they are erecting a building they may have some use for it. However, it may develop that the building will be constructed on top of the location of the tank. Mr. Reed asked if the request is being made only for anticipated use and Mr. Giroux replied in the affirmative. He said the tank has been there for many years and it may well never be used. Mr. Reed asked if he could give the Board a sketch of how far back the tank is located from Waltham Street. He said that undoubtedly Mr. Giroux knew the Board is considering a parking area and asked how far back the tank would be from the buildings. Mr. Giroux replied that he guessed it was about thirty feet and it is located on Mr. Lyons' side. The Chairman asked how Mrs. Sexton entered into the discussion and Mr. Giroux explained that she and her sister were former owners of the property. Mr. Lyon said he thought anyone had a right to apply for anything they wished to and someone else has a right to object. He said he wanted to point out that there is nothing personal in this; he does not know the Manhattan Builders, but he does know Mr. Giroux and likes him. Mr. Lyon said he questioned Mr. Carroll, Town Clerk, today and found that the permit was issued in connection with the taxi business. He said he does not believe the Manhattan Builders plan to apply for a taxi license. That being the case, it would only be used in connection with their contracting business. He stated that they have trucks, bulldozers, shovels and other contracting equipment. He said he questions the legality of transferring the permit. The Chairman explained that this would not be a trans- fer, but would be a new license. Mr. Lyon-said he questioned the legality of a con- trading business having a permit because a contracting business is not permitted in this zone without permission from the Board of Appeals. He said he purchased his property in 19145 and never saw any gasoline being pumped. He explained that he could not say there was no pump there and possibly it was hidden by the old shed. He said it may be creating a very serious hazard and his fire insurance company told him the insurance on his building would be `increased if the permit were granted. The Chairman asked why the insurance was not increased before and Mr. Lyon replied that he did not know. The 'Chairman said that as he understands it thep eti- tioner has no definite plans for what it is to be used and Mr. Giroux replied that was correct. He said as far as contracting, it would be used only for the vehicles on the scene when the building is put up. He said they are 46 cv not contractors, but are builders and subcontract most 1 everything. They do own a bulldozer and a small pick- up Ford. Mr. Lyon said that if the permit is granted they may want a gasoline station and this would be a "toe in the door". Mr. Maloney explained that people have permits for storage of gasoline in their own yards. Mr. Lyon asked if thispermit were granted and he asked for one would his request be granted. Mr. Maloney said that he could probably have one if it was to be for his own use. Mr. Lyon said he is concerned and thought the Planning Board should look into the matter. He said the trucks delivering gasoline would have to back in and cut across Waltham Street causing a bad situation. He said he tried to get the insurance rating people to come out but they won' t until the permit is granted. Me. Reed said that if this tank was already located, he would like to know why it hasn't been taken into account before. Mr. Lyon said that there was no evidence that the tank was there. Mr. Reed said that this is a new application for a tank that may not even be existing and the Board will have to consider it as a new request. He stated that the decision cannot be based on what has gone on in the past, but on what it is now and that it is going to be used for. Mr. Giroux stated that his client does not want to make an issue of the matter. He said it would be used only as he explained and in no instance would a gasoline station be contemplated. Messrs Giroux and Lyons retired at 7:25 P.M. The Chairman was authorized to advise Mr. Giroux, as representative of the petitioner, that inasmuch as no definite use for the gasoline was established, no action would be taken on the application. If, however, at some future date the corporation is in a position to present more precise details as to what use it has in mind, the Board will consider the subject again at that time. A copy of the letter is to be sent to Mr. Lyoflo. Petition was received from the Boston Edison Com- Pole pan y -and the New England Telephone & Telegraph Company location for permission to relocate one pole on Lowell Street. The proposed relocation was approved. by Mr. Burns. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to approve the following j/o pole location: f s 47 Lowell Street, approximately 365 feet southeast of Winchester Drive, one pole. One existing j/o pole to be removed. Mr. Burns retired and Mr. Stevens, Town Counsel, and Mr. Palmer, Town Accountant, met with the Board. Mr. Palmer said that he wanted to have the salary question in regard to Mrs. Boleyn cleared up if pos- Acc' t. sible. Clerk' s Mr. Reed explained that he happened to be in the Salary Accountant' s Office the other day and thought it might be better to have the subject discussed by the entire Board rather than to the members separately. The Chairman said that Mrs. Boleyn asked him what the salary would be if she came back as a Senior Clerk. He said he believes she understood him and said that she understood him. She said that she was doing Mr. Bettis' work and should be paid for it. Unfortunately, that does not enter into the picture. He stated that she was working here and left at $38 per week and when she came back she asked him what she would receive. He said that he then found out she had put through $48 and said she did so with Mr. Palmer' s permission. The Chair- man said he told her such a thing could not be. There are other clerks who were not receiving that and they should receive it if she was going to get it. He said he told her she would have to be paid $44 which was the amount she was hired for. Mr. Palmer said that two were now doing the equi- valent of three people' s work. He stated that she is doing more than Senior Clerk work and he was looking at this from a purely persohal attitude. The Chairman said that the Board realizes there are girls in the building worth more than they are re- ceiving but nothing can be done about it. He explained that there is money in the budget for a third person but he was asked to try doing the work with two people because it was felt that there was not enough work to justify three. He said that off and on there has been three people in the office and if it is too much for two people then there is money in the budget to pay for sup- plementary help. Mr. Palmer said that there is not enough work for three full-time people but he would like to get a part- time clerk, possibly a day and a half a week. Mr. Reed explained that the Board has established a minimum and maximum salaries; $38 for a Junior Clerk and $44 for a Senior Clerk. Mrs. Boleyn was working for 48 CD C") 0.1 $38 and gave up her job. She was fortunate enough to be hired back again with a $6.00 increase in pay, and that is quite an increase. He said be realizes she has increased her work but she was the one who wanted to come back. He said that if there is too much work Mr. Palmer should be given an opportunity to hire extra help and relieve the extra burden on Mrs. Boleyn rather than interfere with the established rates for Junior and Senior Clerks. Mr. Palmer explained that he held up last week' s payroll pending the Board' s decision. Mr. Maloney said that apparently it was all right to employ a full-time clerk but not to approve an in- crease of $4.00. Mr. Palmer said that his work is up to date and at the present time he could use a part-time girl two days a week. Mr. Palmer retired at 7:55 P.M. Letter was received from Leo M. Gaughan, on be- Poppy half of the Veterans of Foreign Wars, requesting per- Drive mission to conduct the organization' s annual Poppy Drive on Friday, May 27th and Saturday, May 28th. Upon motion of Mr. Maloney, seconded by Mr. Gay, it was voted to grant the request. At 8:00 P.M. Mr. Robert L. Lyon and Mr. Willia* H. Lyon met with the Board. Mr. Burns, Supt. of Public Water Works, returned to the meeting. betterment Mr. Robert Lyon presented a copy of a plan show- Waehusett Dr. ing Wachusett Drive from Waltham Street to t he property of Barbara L. Moore. He said that there is a water bet- terment on the property in the amount of $300. This strip came about because Whiting refused to take part of the development vh en McIntosh laid it out so that Whiting would not receive the benefit. Mr. McIntosh deeded it to his sister-in-law, and Mr. Lyon purchased it from her. The Chairman asked why he purchased it and he re- plied that he had to buy the entire parcel and he then sold a piece to LaPorte. He explained that he still owns lots A and C. The Chairman said that under the circumstances the betterment is due and payable now. Mr. Lyon stated that it was due in 1950 when McIntosh sold to Welch. He said that the betterment was deferred, payable when the land was sold or built upon and it cannot now be collected as it was put in writing as it should have been. He said that Lot fii. makes two lots which are now for sale at $600. They 49 are owned by LaPorte. He said lots A and C cannot be bettered, can never be built upon or combined with land that could be built upon and therefore the better- ment is uncollectible. Mr. Burns said that he did not think there was any betterment on lot C and Mr. Lyon said that it was on the entire strip. The Chairman asked just what Mr. Lyon wanted and he replied that he wants the betterment deferred on the piece he owns. Mr. Burns said that the only betterment was on the portion shown as A and nothing down further. Mr. Lyon said that Mrs. Rich, the Collector, claims it was on the entire piece and applies to what he owns. Mr. Stevens said it may have been computed on that part, but the betterment would be on the entire length. Mr. Burns said he thought the betterment is only on the piece shown as A. Mr. Lyon said that is what he wants deferred. Mr. Stevens asked if that was the part he sold and he replied in the negative. Mr. Stevens said that the betterment is due . Mr. Lyon said it was due in 1950 and has been due ever since. He has never been billed but Mrs. Rich called him and asked for $300. Mr. Stevens asked if she sent him a bill and he replied in the affirmative and said he never paid it. Mr. Stevens asked when she sent that bill out and Mr. Lyon replied it was with the rest of the bills last year. He said the last bill to McIntosh was sent to him after he (Lyon) took title and he thought it was NRvember, 1954. Mr. Stevens said if it were not paid it would nor- mally be on this year' s tax bill. Mr. Lyon said it was not on the 1953 or 1954 tax bills and was deferred for McIntosh but not for Welch. He said McIntosh sold to Welch in 1950. Mr. Lyon pur- chased from McIntosh although the title was in his sister' s name. The Chairman asked if a deed had been filed at the Registry of Deeds and Mr. Lyon replied in the afi- firmative. Mr. Stevens said that the betterment is put on and if the owner contendsthat his property has not been bettered he has a period of time to request an abatement. This period has elapsed. Mr. Lyon's pre- decessor came in and asked to have the betterment de- ferred, thereby admitting the betterment, which goes with the land. Mr. Burns asked if Mr. Lyon was requesting de- ferment or abatement and he replied that it makes no difference to him. 50 The Chairman said that the only exceptions he can recall have been on farm land. Mr. Maloney said that it seems to him LaPorte should pay the $300 because he has purchased the land subject to betterment. Mr. Lyon then referred to the betterment assess- ment on land formerly owned by Cacciola. He stated t that this property is now owned by him and his father. He said that when Route 128 was built the State took Water all that is outlined in red on the plan he presented betterment to the Chairman. He said that there is an alleged Cacciola betterment of $350 which they have been forced to pay land $94.09 in order to get a release of a tax taking. He said that no betterment was ever recorded at the Regis- try on this land, and he understands that a betterment must be recorded within six months. He saidthat he and his father would like the "slate wiped clean" so that they will not be billed. He said that the State was responsible but did not pay because no betterment was recorded. Mr. Stevens said that the State is not respon- sible unless it receives notice. He said that the State in its title examination uncovers the better- ment and then insists that it be paid. On this one, through same error all it paid was one year' s in- stallment instead of the •entire bettermeb.t. He said that the State did know about the betterment, and he did not know how they knew about it if it were not recorded. The Chairman said that the Board viould look into the subject further and let Mr. Lyon know what decision is made. Mr. Lyon said that there is no entrance to this land and he wants it for sign land. He said he wants the bill of $350 abated. Mr. Lyon and his father retired at 8:25 P.M. and Mr. Reed returned to the meeting. At 8:30 P.M. Chairman Adams, Messrs. Jaquith, Zoning Irwin, Hathaway, Grindle and Charles Abbott of the Planning Board, Mr. McQuillan, Chairman of the Board of Health, and Mr. Snow, consultant to the Planning Board, met with the Selectmen. The discussion was more or less as follows: Adams: The reason for this meeting is , you all know the referendum coming up a week from today, and the reference made to it and the charges made. Some of the citizens made some investigations and I have done 51 some checking. It is definitely a fact that the company has been engaged in litigation of some kind or another with the City of Newton. It seems to me the citizens are en- titled to a statement from both the Planning Board and the Board of Selectmen. I think Reiss should know the criticism which is being made and it should be put before them very strongly that the By-law will be enforced. I don' t want to be in the position of having them come in and then find there are constant complaints. Chairman: What does your Board think? Adams: We discussed it about ten minutes before we came down and did not get as far as a state- ment but we want to make sure if it comes in it is a desirable plant and will not be a nuisance to the town. Chairman: Has the Board decided it is or is not going to be a nuisance? The Chairman referred to records of the City of Newton. Chairman: The time to be told they can' t come in is right now. Adams : That is our feeling. If there is any question that it can' t be made foolproof we should know it. Chairman: What is the position of the Board of Health? McQuillan: We have a clause in here where the Board of Health has to pass on it. Stevens: Noisome trades. McQuillan: The Board of Health is , I suppose, to act be- fore they come in. Chairman: I would assume they had done everything they could do to eliminate the odor and haven't. James: That is a poor assumption to make. What you can say is this. They have done what was re- quired of them up to the letter of the law and it still has not eliminated the thing. If they had been interested in eliminating the situation, they could have. Adams: That is an important point too. If we come in with a co-operative group that is one thing, but a group that has been inl.litigation is another ,� thing. 52 James: The whole thing is the people involved and in what they are conducting. McQuillan: I have analyzed the whole thing and no matter what is done, the manufacture of this thing there is always the potential odor. It seems to me from the Board of Health standpoint, the town would be sticking its neck out to have something like this come in here. It seems to meare ou allowinga concern to come into town y who would cause us a lot of trouble. I think the Board of Health would rule along that line entirely. Adams: The vote is ohly for change of land. If that is passed, they have an option which they can take up but I think there is a question whether they can do the job or not. If they come in for a building permit and we are going to try and stop it there, they should know it now. Messrs. Albert Reiss, Landers and Smith met with the Board. Chairman: We called this meeting because there has been a great deal of controversy in the town. The matter of rezoning the place is coming up for referendum next Monday . The fact that it is zoned for business has no effect on whether you folks come in here or whether you don't. You can probably put a plant down on the land now available but we want to talk to you be- cause of the information which has come to us and before you spend any amount of money. We are somewhat concerned as to whether a plastics plant such as you run is permitted under our Zoning By-Law. We are very distinct on the matter of odors, and we are very distinct on the matter of explosives or explosive materials. We have done a lot of investigating and find that' in Newton there were hundreds of com- plaints over there and they are still coming in. We want to bring this up so you would not spend a lot of money if it is not legal in our laws. Adams: I called your brother' s attention to the para- graph in the Zoning By-Law which could very well apply to his business. As you know, the neighborhood will oppose it and has done some investigating and obtained a certain number of facts. Some of us have checked and many of the 53 Adams: complaints seem authoritative and we must consider this. If there is any question of whether you would be in here illegally or not, it is better to know tonight before you get further along. I think that all of us believe we need light manufacturing but it must be something that is not a detriment. Reiss: The record in Newton is nothing that anyone should base any facts on it. The City of Newton has claimed for years our plant is a fire hazard. If you speak to anyone in a Fire Department outside of Newton, es- pecially the insurance companies, you will find the entire thing is ridiculous, We are in one of the hardest insurance companies to get into and have the lowest fire rate. James: Is it lower than Dacon? The record is your company is 1.62. Reiss: Ours is 340 per hundred. We are in the Fac- tory Mutual. James: The record is in error? Reiss: Yes. If that is what it states. Adams: From a matter of fire, I understand you are now using 50 gallon drums, three at a time, and would not be any worse than any indus- trial building, but the major thing is the odors. Reiss: We had a plant in Boston and never had any trouble. Never had any complaints. When we first moved into this plant we did have odors and dust in the air. We put in a very large washing system which washes the air. There a small amount of odors but they are from the plant itself and come out through the doors. Maybe once a month you can smell it. Smith: The Fire Commissioner and his Deputy was over today and went through the entire plant. They know the process and I asked them before they left if there were any objectionable odors and they said no. Chairman: I was there on a very beautiful day like today and got odors inside but none outside. The complaints were steady, constant and many even this year when we had heavy weather. Reiss: We would be inclined to have more in heavy weather. Smith: Last week we did not have much in the way of fumes. It was pointed out by Lieutenant Clarke of the Newton Fire Marshall' s office that some 54 CL Smith: of the odors we were getting blamed for were coming from -a dry cleaning establish- ment. The situation over there is, we have a very narrow driveway along side a house with a housenextto it and one immediately across the street. I think they use the odors as a reason to keep after us because they are living too close to a manufacturing plant. On a day like this windows are open and the front door is open. It may allow the escape of fumes. McQuillan: The Board of Health has never been brought into this but there are very definite laws in regard to odors and nuisances. I would not want to pass judgment on this until it came before the Board of Health. The Board of Health of Lex- ington would have a great deal of respect for the Board of Health of Newtob because they have one of the finest Boards in the State. Reiss: They never shut us clown because of odors. McQuillan: The reports we have are all from the Board of Health and I think the Board of Health, if you had a plant like Newton has, there isn't much you can do about it, but I think we would hesi- tate approving a plant coming into town that would have potential odors that can come from it. I read reports from the City of Newton of the numerous complaints. Reiss: We have people living all around us who do not like the fact that the area is zoned for busi- ness and a plant operating at night. The odors are not within the scope of the Board of Health to do anything about. After scrubbing the air, the air from the scrubber is clear. If we do put up a plant in Lexington, we can put in a larger scrubber and eliminate all the odors. We have a maintenance crew of about six men. Adams: Have your attorneys looked at this Zoning By- law or the poeple who are going to build the plant? "Any light manufacturing business, the conduct of which may be disturbing or detri- mental to the health, safety or welfare of persons working in or living near the proposed location of such manufacturing, including special danger of fire or explosion, pollution of waterways, corrosives toxic or noisome fumes, gas smoke, soot, obnoxious dust, disagreeable odors and offensive noise or vibration is ex- pressly prohibited." I told your brother about it so he knows. If you are going to put up a a considerable plant it will have to be financed. This is one of the few towns that have this. 55 Reiss: Is the City of Newton any different? Adams : I believe it is . Stevens: This town is very strict. If this land is rezoned and the rezoning is upheld, that would mean a building permit would have to be obtained for construction of a light manufacturing building, but before any oc- cupancy there must be an occupancey permit and the source of information would be Newton, the place from which youLare coming. It is the only one available and unless an occupancy permit is given, you can't occupy and conduct your business. The feeling here is that it would be unfair to let you complete the build- ing and then tell you it could not be occupied. This question is the reason for your being brought in and the situation explained. The Building Inspector can' t issue an occupancy permit unless all the provisions of the Zoning By-Law are being met. An appeal could be made to the Board of Appeals and an appeal to the Court, but the Court couldn' t order an occup- ancy permit. You might be in a position of building a plant and denied a permit to do Adams: the business you intend to carry on. This vote is only on a question or rezoning and not on the Reiss. Reiss: What would he permitted? Adams: "(f) M 1 Districts. All buildings and uses that are permitted in R 1, R 2, C 1 and C 2 districts but subject to any conditions and restrictions set forth therein, and the fol- lowing: 1. Light manufacturing, employing only electric or other substantially noiseless and inoffensive motive power, utilizing hand labor or quiet machinery and processes, free from neighborhood disturbing odors or agencies. Any light manufacturing business, the conduct of which may be disturbing or detrimental to the health, safety or welfare of persons work- ing in or living near the proposed location of such manufacturing, including special danger of fire or explosion, pollution of waterways, corrosive, toxic or noisome fumes, gas, smoke, soot, obnoxious dust, disagreeable odors and offensive noise or vibrations, is exptessly prohibited; 2. Subject of permission from the Board of Appeals, the following: 56 C'.) a. Bulk distribution of liquid fuels and lubricants from underground storage tanks, 3. No dwelling shall be erected in an X1 district except with permission from the Board of Appeals." I don' t think your brother had studied this enough to know what he is up against. It is better to have this discussion tonight than later. Reiss: I don' t think odors will be any problem at all. Adams: It is one that has to be faced. Reiss: I also have had enough litigation and will not step into it again. Adams: We thought it better for you to know what the situation is. Landers: Could not a committee study this plant of ours under adverse conditions? James: I think we- all agree this kind of operation can be conducted so it will not be objection- able. We all recognize, and you will admit, there is a potential odor and a potential fire hazare from the operation. Reiss: We won't admit that. James: There is potential hazard where you have alco- hol or dust. Reiss: We have no dust. James: You have dust from the sanders. The pbtefi- tial exists, but not that it is. Reiss: Your theory would apply to any plant. James: Any plant having dust. Those things can be taken care of only by people who are honestly interested in eliminating and willing to co- operate with the community to that end. Reiss: People who are willing? James: There might be people who would run such an operation as yours and do only that which was absolutely required and there are people who would bend over backwards to meet the require- ments of the community. Reiss: We really did lean over backwards to put things in our plant we did not have to. We will do the same here. Adams: Is the present litigation to get the City of Newton to permit the storage tank? Reiss: That is the only litigation. Never once has the City of Newton come up and said if you do the following things, we will give you a a storage tank. 57 Stevens: Where does the litigation stand? Reiss: They wanted the State to shut us down and the State refused. Stevens: Where is it pending?➢ Reiss: There is none any more. Smith: We have a permit that is reissued every six months. Reiss: We can only store about 550, 600 or 650. James: You still do not have a permit for any size- able storage. Smith: We asked the Board of Selectmen for a storage tank to hold soluble residue. James: Water, alcohol mixture? Smith Yes. It had a flammage point of within a point or two of fuel in the basement. They did not grant a permit for underground and we had to operate with drums on the truck. The State and the Fire Department went to a great deal of effort and spent a lot of time on how it was to be placed in the building, but the Seelctmen turned it down. Flanders: In spite of the number of complaints which you claim occur, only three people at the hearing got up and verbally objected and the issue they made was more of the trucking congestion than any other point. Jaquith: What is your plan for distribution of waste? Reiss: Two truck loads a day. We might cart it away as we do now. Jaquith: Where? Reiss: To a dump. Jaquith: Whose dump? Reiss: Lexington, if you have one. Jaquith: There will be a problem at our dump more than it is now. Reiss: Our product is mostly paper. Jaquith: It would have plastic component. Reiss: It won't burn. The only part that is inflammable IA the dust. Jaquith: Would that dust go over to the dump? Reiss: We think we have a market now. We don't have to dump in your dump. Reed: Mr. Reissfs brother was going to use it for fill. James How much water does the scrubber use? Reiss: We take the water that runs from our presses and then dump it into the sewer. We can repump water for a long time. James: The water consumption is not high? Reiss: No. We are going to put in a new system. James: How does it affect the scrubber? 58 pC'� A++ Reiss: We will use different water. Those are things we can work out without much trouble. We would be willing to do anything you people tell us you want done. Chairman: We are greatly influenced by the reports from Newton and we will Piave to give you an answer after we determine what we think is right for the Town of Lexington. Stevens: You can' t make a determination of whether they will satisfy. That will be the Building Inspector. As a public official he has to make the decision then the Board of Appeals also has to issue a permit. If you do not get an occupancy permit I don' t think any Court in the world would rule in favor of you. No one can tell when this plant is done who the Build- ing Inspector will be or who the men on the Board of Appeals will be and they are not bound by what the Board of Selectmen or the Planning Board says. No one can tell you in advance what their decision is going to be. Therefore, I think you will have to decide the pros and cons and decide whether you want to take a chance or not. McQuillan: If the Board of Health advised that after a study this would be a health menace, would he be obligated to listen. Stevens: He would have to listen but would not be ob- ligated. However, I would think he would fol- low it. If you got an occupancy permit and then you had odors you would get a squawk and proceedings would shut you down. In this town the Court would be asked to order him to proceed. In view of the Zoning By-law I don' t know if you will ever be free. Anyone of us who have to be in a position to pass judgment would have to go where you are operating and if you are still getting complaints, it would be a rare individual to say it can' t happen here. Reiss: We can satisfy the complaints about odors. Stevens: The Building Inspector could look into the situ- ation and if he felt this operation would result in disagreeable odors, he could refuse to grant you an occupancy permit and you could not go into the plant without that permit. Reiss: Couldn't the Building Inspector now make an inspection? Stevens: You can' t bind a future Building Inspector. Reiss: The odors come from one treater. If we ever had to, the one treater could be removed to another location. 59 Chairman: We thought you should know just what is going on. Messrs. Smith, Reiss and Landers retired at 9:35 'P.M. Following an informal discussion on the subject,the Planning Board and Mr. McQuillan retired at 10:10 P.M. Petition was received from Leeland G. McConchie and 'Mildred I. McConchie requesting acceptance of Diana Lane from Hill Street, southerly for a distance of Petition re: approximately 352 feet. Diana Lane The Chairman was authorized to advise the peti- tioners that there are no funds available at the present time, but the subject will be discussed when budgets for 1956 are considered. Petition was received from Arthur J. Lewis, 16 Middleby Road, et al, requesting acceptance of the road and the installation of sewer. Petition re: The Chairman was authorized to advise Mr. Lewis Middleby Rd. that there are no funds available, but the subject will and sewer be discussed when budgets for 1956 are considered. The Chairman read a letter from Edward R. Stock- dale, 6 School Street, stating that he wanted to go Req. for on record that it is his desire to have sewer service sewer, for his home. Mr. Burns, Supt. of Public Works, is to School Street have an estimate of cost prepared and sent to Mr. Stock- dale and Mr. Smith, his neighbor, for signatures. Stock- dale Chairman read a letter from Edgar R. Mclalan, 79 Reed Street, requesting removal of a tree which is Tree located directly in front of where his driveway must removal be. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to authorize removal of the tree. The Chairman read a letter from Commissioner Volpe advising that a meeting will be held on Wednesday, May 11th at 2r30 P.M. for the purpose of reviewing tentative suggestions in regard to Route 2. Route a Mr. Burns is to attend the meeting and if pos- sible, the Charman will accompany him. The Chairman read a letter from Edith A. Tuttle, Req. for 12 Hancock Street, requesting installation of curbing. curbing II Mr. Burns explained that the shoulder has been replaced many times and citizens parking cars have it down. The only answer is curbing all the way. 60cn The Chairman was authorized to advise Mrs. Tuttle that the appropriation for Curbing was re- duced this year and the amount -approved by Town Meeting eliminates any installation on Hancock Street which was the original plan. Letter was received from the Board of Assessors Tax rate advising that the Department of Corporations and Tax- funds #tion has approved use of the following amounts to lower the 1955 tax rate: (1) School Building Assistance $118,023.60 (2) Overdraft due to hurricanes 90% of cost to date of $61,769.20 55,583.38 $173,606.0 It was agreed to request Mr. Adams to give the subject some publicity in this week's issue of the Minute-Man. Upon motion of Mr. Gay, seconded by Mr. Reed, Tax title it was voted to sign deed, prepared by Town Counsel, conveying Lots 51 and 52 Cummings Avenue to Antonio Buse, h6 Lowell Street. Application was received from Mrs. Theresa Ryan, Use of hall on behalf of the Lexington Police Women's Association, requesting permission to use the conference room, Cary Memorial Building, for a meeting on May 5th from 7:00 P.M. until 10:00 P.M. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the use of the room free of charge but subject to a fee of $1.50 per hour for janitor' s overtime services. Upon motion of Mr. Gay, seconded by Mr. Reed, Licenses it was voted to grant the following licenses: Village Variety Store 93 Mass. Age. Sunday Sales renewal Corner Variety Shop 856 Mass. Ave. Benjamin Berman 13 Mass. Ave. Junk Collector n Lex. Theatre 1794 Mass. Ave. Sunday Movies Chester Fillmore 659 Marrett Rd. Peddler Further consideration was given to Charles I. Wheeler' s offer to purchase 5,000 square feet of land Tax title in Meagher Block 31 at Avon & Centre Streets. The property was viewed by members of the Board and it was unanimously decided that it would be in the best interest of the town not to dispose of the property. ' 61 Further consideration was given to Mr. Floyd A. Tax title Roby' s offer of $100 each for lots 16 and 17, Block B, Reed Street. The property was viewed by members of the Board and it was unanimously voted to entertain an offer of $800 for the two lots; a restriction to be written in the deed whereby only one house may be erected on the two lots. Further consideration was given to Mr. Edward Tax title Berman's offer of $100 for part of lot 17 and lot 18, Sylvia Street and to Mr. Alexander MacMillan' s offer of $200 for the same lots. The lots were viewed by members of the Board and it was unanimously voted to entertain an offer of $800. Further consideration was given to Mr. Salvatore R. Corvo' s offer of $100 for lots 3 through 13, Block Tax title 74, Valley Road. The lots were viewed by members of the Board and it was unanimously decided that it would be in the best interest of the town not to dispose of the property. Further consideration was given t o Mr. Albert C. Tax title Cuccinello' s offer of $200 for lots 1 and 2, Block 29, Reed Street. The lots were viewed by members of the Board and it was unanimously decided to retain the lots until such time as the proposed sewer location is determined. Consideration was given to Mr. Joseph A. Mo 'etti' s offer of $25 each for lots 187 and 188, Rindge Avenue. Tax title The lots were viewed by members of the Board and it was unanimously decided that it would be to the best interest of the town not to dispose of this property. Consideration was given to Mr. Louis Rosendorn' s Tax title offer of $100 for lots 152 and 153 Theresa Avenue. The lots were viewed by members of the Board and it was unanimously decided to entertain an offer of $800 for the two lots. Consideration was given to Mr. Leonard K. Millen' s offer of $75 for lots 56 through 58, Beaumont Street. Tax title The lots were viewed by members of the Board and it was unanimously decided that it would not be in the best interest of the town to dispose of the lots. Mr. Burns brought up the subject of rCar automobile allowance for Mr. Byrne, the Acting Plumb- allowance ing Inspector. 62 c, It was unanimously agreed to allow $1450 of the amount appropriated for the Acting Building Inspector and the amount of $200 for the Acting Plumbing In- spector. Further consideration was given to bids re- Bids on ceived at 5:00 o'clock this evening for a hydraulic sprayer sprayer. Before making may decision Mr. Burns is to check and make an effort to obtain more information about the sprayers upon which bids were submitted. The meeting adjourned at 11:10 P.M. A true record, Attest: s5 / /' ' � �Cle S ,leetm-n