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HomeMy WebLinkAbout1951-09-04-min 555 SELECTMEN'S MEETING September 4, 1951 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Build- ing on Tuesday evening, September 4, 1951, at 7 :00 P.M. Chairman Nickerson, Messrs . Emery, Gay, Dris- coll and Hoyt were present. The Clerk was also present . Hearing was declared open upon the application of John H. Millican for permission to maintain one underground tank for the storage of 10,000 gallons of Bunker C No. 6 oil on premises located at 93 Hancock Street. Mr. and Mrs . Millican and Mrs . Freeman N. Gray attended the hearing, notice of which was read by the Chairman. Mr. Millican stated that he is in the greenhouse business and has four houses which he has been heat- ing with coal. At times it has been expensive to burn coal and it is difficult to get anyone to shovel coal and ashes . He, therefore, decided to add a new boiler to the present plant and burn oil with the idea that it will be more flexible. If one fuel proves to be cheaper, that will be the fuel used. He stated that he will be using a very low grade of oil and in order to purchase it at the right price it must be purchased in large quantities. He ex- plained that the oil companies do not deliver small Millican quantities and the only answer to the problem is to oil install a 10,000 gallon tank which will be located hearing in the back of his property where it cannot be seen. He said that there will be no danger whatsoever and ,the location has been approved by the Fire Department. He explained that the burner he will use meets the requirement of the State law in regard to smoke. The Chairman asked if anyone wished to speak in favor of the application and Mrs . Millican said that she wanted to be recorded as being in favor. Mrs. Gray explained that her husband was unable to attend the hearing and said that she is quite ill and very much concerned about the large concentration of oil in a residential district. She said that experts have informed her that burn- ing oil can cause very heavy smoke. Mrs. Gray said that she has very definite ideas with oil because there may be convalescent children there. She stated that her house is next door to Mr. Millican's place and she feels that the storage of so much oil would be dangerous. 556 u There being no further questions, the Chair- man declared the hearing closed at 7 :15 P.M. end the group retired. Upon motion of Mr. Emery, seconded by Mr. Gay, it was unanimously voted to grant a license to John H. Millican to maintain one underground tank for the storage of 10,000 gallons of Bunker C No. 6 oil on premises located at 93 Hancock Street, Lexington. Hearing was declared open upon the application of the Shell Oil Company for permission to remove three 2,000 gallon tanks (now underground ), install two 4,000 gallon tanks underground, and increase the capacity for storage of gasoline from 6,000 to 8,000 gallons on premises located at 1095 Massachusetts Avenue. Mr. Fagerland and Mr. Chase, representatives of the Shell Oil Company„ Mr. LaFrance operator of the station, Mr. John J. Sullivan, 1116 Mass- achusetts Avenue, and Mr. Orbert Simmons, 5 Maple Street, were present at the hearing, notice of Shell Oil which was read by the Chairman. hearing Mr. Fagerland explained that the reason for removing the present tanks and installing new ones is because the present tanks have been in the present location for twenty-five years and need to be replaced. As a safety factor and to prevent leaking after deterioration of the tanks, the company proposes to put in two new tanks which will be larger in size than the present tanks. He explained that the State has allowed oil companies to use larger trucks, and to use them it is neces- sary to have larger storage tanks . With larger tanks fewer trips are made into the communities. Mr. Sullivan said that he would like to know the names of the abutters notified of this hearing and the Chairman read the names and addresses . Mr. Sullivan said that this is not a business zone, but a non-conforming use to which he is op- posed . He said that he has checked with Miss Hartwell who was unable to attend the hearing, but she authorized him to record her as being opposed. He said that the station is very noisy, in a res- idential neighborhood and open from 7 :00 A. M. until 11 :00 P.M., with no consideration for the neighbors . He said that he wondered if Mr. LaFrance is not diverting from operation of a gas station when he sells other items . He said that some times on Sundays it is like a boiler factory. He also complained about the large lights reflecting in his and his daughterts bedrooms. He said that another complaint is the snow in the winter - Massachusetts Avenue always being blocked. 557 He said that he thought Maple Street was cleared after complaints by the neighbors . Mr. Sullivan said that an atmosphere of distrust has been created and he thought this was a wedge for something more. He said that he is definitely opposed to any ex- tension of the non-conforming use. Mr . Simmons said that he would like to know what the By-laws are that govern this particular area. The Chairman explained that there are Zoning By-laws, but that this is a residential zone, as stated by Mr. Sullivan, which is governed by the rules of an H-1 district. He explained that this is a non- conforming use and that he would read the Zoning By- laws, but Mr. Simmons said that it would not be necessary. Mr. Simmons said that he understood that there was not to be any enlargement . The Chairman explained that if at any time the property is damaged by fire, or destroyed to a certain percentage, he thought 75%, it then cannot be replaced . Mr. Simmons asked if there are any rules or regulations covering a filling station? The Chairman explained that, from his own know- ledge, he believed it is usually customary to have Shell a filling station only in C-1, C-2 or T-1 districts; Oil the T-1 district having been arranged especially for highways . He stated that was to permit a filling hearing station only on through travelled ways . It was put through Town Meeting for Childs ' and the one at the corner of Waltham Street and the Concord Highway. He said that any business is supposed to be kept in a neat and orderly fashion and he believed the pumps are checked to see that the gallonage is correct . The Chairman said that beyond that there is little or no control. He explained that no en- forcing authority from the Town goes out looking for such things as gas stations delving into other business. He said that it is not hard to complain, but the complaint must come from the neighbors. Mr. Simmons asked if there wasn't some way to control the working hours and the Chairman replied that he did not know of any regulation thEt compels an individual to close his business at a certain time. Mr. Simmons inquired about the location of the proposed tanks and Mr. Fagerland answered the ques- tion by showing Mr. Simmons a blueprint. He explained that the Fire Chief will not permit the company to leave the old tanks in the ground. Mr. Sullivan said that any enlargement whatsoever of this station would depreciate the value of the residential property in the neighborhood. 558 an Mr. Chase, said that contrary to general opinion the Oil Company intends to be good neighbors. He explained that the company owns the property and feels that Mr. LaFrance is operating an excellent business in spite of the fact that some of the neighbors may have some difficulties at odd moments. He said that the company has a definite obligation to maintain the property. However, it is held down to some degree by the Town ordinances and as a result connot put some things under cover. He said that the travel of oil trucks can be reduced by the installation of larger tanks. Mr. Sullivan said that there is a condition in East Lexington which he hopes will not inch up any further. He said that he is much concerned about the welfare of Lexington and he takes part in the affairs of the Town with a civic interest. The Chairman asked if there were any 2,000 gallon tanks available and Mr. Fagerland replied in the negative snd said that the company has not been buying any more 2,000 gallon tanks . The use of this size is almost extinct for service stations and most of the companies have gone from 3,000 to 4,000 snd 5,000 gallon tanks . The Chairman said that he gathered from other applications that the trend is toward larger tanks. Mr. Driscoll asked if the American Federation Of Labor will regulate the hours for opening and closing the stations. Mr. Sullivan said that he does not think the Shell Oil Company is serving the neighborhood and he knows of only one customer in the neighborhood who patronizes the station. The Chairman said that he thought the Board was sympathetic to Mr. Sullivan's attitude but it is bound by the rules which it has to obey. He said that he wanted to make sure that all the evidence is present- ed and everything goes on the record. The Board will then give the matter consideration and arrive at a decision. Mr. Emery asked if all the Shell stations stay open seven days a week and Mr. Chase replied that practically 100% of the stations do remain open seven days a week and that many of them are open longer hours than Mr. LaFrance. Mr. LaFrance said that he follows daylight saving. In the summer he stays open until eleven and when daylight saving goes off , he closes at nine. He said that he is open from 9:00 A.M. until 9 :00 P.M. on Sundays. Mr. Emery asked if Mr. LaFrance was unwilling to close on Sundays and he replied that it would be ' difficult to close on Sundays because a gas station is no longer a luxury - it is a must. He said that he closes on Thanksgiving and Christmas and on those two days receives numerous calls at his house. 559 He said that if every other station in Town stays open it is not fair that he should close. Mr. Simmons said that every other station does not stay open and Mr. Fagerland said that generally all Shell stations remain open on Sunday's. Mf . LaFrance named Fitzgerald 's, Bradford Motors, Childs ' and Colonial Garage as stations that are open on Sunday's. Mr. Simmons said that he was not objecting to the station being open on Sundays, but was asking for a little consideration. Mr. LaFrance said that no lubrication is done on Sundays, but in case of an emergency a tire is changed. If a motorist comes in with a flat tire and does not have a spare, the tire is repaired, He said that he does not want to work on Sundays and get into a lot of grease. He likes to be dressed up on Sunday's and take care of the gasoline customers. He said that he has been there for ten or eleven years and has never lubricated on Sundays . He said that he does 300,000 gallons a year. The Chairman asked if Mr. LaFrance would be willing to consider a letter from the members of the neighborhood stating their chief objection to the hours and noise. He said that apparently the people are troubled by the lights, long hours and noise. Mr. LaFrance said that these things have 'lever Shell been brought to his attention and that he tries to Oil run a nice station. He said that Mr. Sullivan does hearing not trade with him, but his daughter comes in quite frequently with his car and that most of the people in the neighborhood do trade with him. He explained that the neighbor next door does not trade with him because he had to let his son, who used to work with him, go. The Capones, when they lived in the rear of the station, traded with him and all the people across the street trade with him. He explained that the reason Miss Hartwell does not trade with him is because of a little personal affair about some snow. The winter during the heavy snow, he was plowing his driveway and had the snow pushed onto the sidewalk when she was going to the train. He stated that he did intend to clear the sidewalk but had not done so when she came by. He stated that he and Mr. Simmons had a talk about some snow on his side- walk and the matter was corrected . He said that he had never pushed any snow there afterwards . The Chairman asked if Mr. LaFrance would consider a petition from the neighbors who don't like the hours and the noise . Mr. LaFrance said that if he is going to run a business, he will have to run it when people wtnt him there, and if his business did not warrant his staying open until eleven o ' clock he would close when the business stopped . He explained that the oil companies want the stations open as long as the business is good. 564 The Chairman said that apparently Mr. LaFrance 's answer is no and Mr. Fagerland said that his company would, at all times, consider anything the neighbors would present in writing and that he, personally, would sit down and discuss the matter with any or all of them. Mr . Gay said that it appeared to him that there are twodifferent issues and he thought they should be handled separately; increasing the storage of gas- oline is one thing and the complaints are another. Mr. Sullivan said that his only purpose in being present this evening is to resist any increase at the station or any enlargement of the premises . The hearing was declared closed at 7 :50 P.M. and the group retired . Mr. Driscoll suggested that decision be held over for one week and the other members of the Board agreed. Mr. Hoyt mentioned that the company only wants to install two modern tanks against obselete tanks . Mr. Stevens arrived at 7 :55 P.M. Mr. Hoyt said that he thought the Board would be increasing the request, but he does not like the way the station is operated. the Chairman asked if, legally, the Board would be increasing the plant of the non-conforming use. Mr. Stevens replied that he would have to give the subject some further study before expressing an opinion. Mr. Stevens reported that he had talked with Mr. Pizzano relative to his claim for damages, and he is unwilling to compromise . Mr. Stevens informed him that he would not recommend payment of the entire bill which amounts to $104. The Chairman stated that he had asked Mr. Stevens if the Town would be in any worse position if the flow of water on Cliffe Avenue were stopped momentarily. Mr. Stevens informed the Board that if any more Cliffe work is done it lends more weight to the statement Avenue that the Town maintained the pipe. He said that it may water be more sensible and more economical to yostpone putting in a water main because of the unassessable land and the tax title land . He suggested obtsning a license from the owner to permit the Town to repair the pipe. Upon motion of Mr. Every, seconded by Mr. Driscoll it was voted to authorize the Town Counsel to prepare a form of license to be signed by the owner of the pipe which will give the Town permission to make repairs without assuming any obligations. _. 561 The Chairman read a letter from Mr. Stevens advising that he has put on record the conveyances to the Town by Francis and Hugh Thompson and by Robert L. Innis covering land that was selected as a possible future elementary school site. Mr. Stevens computed the amount of taxes which the Town should bear under the Thompson apportionment to be 629.16. He said that if the taxes have been paid as Mr. Thompson claims, the check should be made payable to the Thompsons in the amount of $29.16. He computed the amount of taxes which the Town should bear under the Innis apportionment to be 446.17. Inasmuch as the 1951 taxes have not been Thompson & paid, the matter can be taken care of by abating Innis taxes 446.17 of the taxes as assessed, and a request to this effect should be initiated by the Board. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to inform the Board of Assessors of Mr. Stevens ' communication and request that a refund be made out for the Thompsons in the amount of 429.16 and an abatement put through for Mr. Innis in the amount of $46.17. Letter was received from Mr. Stevens , together with a 1951 real estate tax bill covering the Sexton property at 1519 Massachusetts Avenue. One of the terms of the Sexton agreement between the Town and Mrs . Sexton was that she '51 taxes would not be required to pay any part of the 1951 taxes. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to request the Board of Assessors to put through an abatement. Mr. Stevens retired at 9:05 P.M. Further consideration was given to Mr. Peter Morasi 's offer of $200 for lots 644 through 648 Tax Title Asbury Street. property Upon motion duly made and seconded, it was voted to entertain an offer of 6350 plus any water betterment assessment. Further consideration was given to Mrs. Webber 's offer of 4100 for lots 631 through 634 Freemont Street. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to entertain an offer of 6250. The Chairman read a letter from Douglas H. Maxner on behalf of the Lexington Drum Corps, re- Paper questing permission to conduct a paper drive on Drive Sunday, September 30th. Upon motion of Mr. Hoyt, seconded by Mr. Emery, it was voted to grant the request. 562 cc Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the following licenses : Licenses Countryside Associates, Inc. Lowell St. Sun. Golf Lexington Theatre, Inc. Mass. Ave. Sun. Movies The Meeting adjourned at 9:35 P.M. A true record, Attest :