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HomeMy WebLinkAbout1953-05-11-min 577 SELECTMEN'S MEETING May 11, 1953 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, May 11, 1953 at 7:00 P. M. Chairman Reed, Messrs. Nickerson, Gay and Bateman were present. The Clerk was also present. Hearing was declared open upon applications received from the Metropolitan Equipment & Service Co. for permis- sion to maintain one underground tank for the storage of Gasoline 5,000 gallons of gasoline, one underground tank for the hearing storage of 5,000 gallons of fuel oil and one tank above ground for the storage of 200 gallons of motor oil. Mr. J. T. Cunningham, Needham, Mass. , representing the petitioner, and Mr. Frederick Kowry, 198 Bedford Street, Lexington were present at the hearing. Notice of the hearing was advertised in the April 30th issue of the Lexington Minute-Man and read by the Chairman. Mr. Kowry asked if the large quantity of gasoline and oil to be stored would affect his insurance rates and also why the petitioner needed such a large amount of fuel oil, especially with the Lexington Coal Company only a few yards away. The Chairman replied that there would be no change int he insurance rates, and Mr. Cunningham explained that there is a tank already located with a capacity of 5,000 which was used by the Middlesex & Boston Street Railway. He explained that his company will use the fuel oil for Diesel equipment, and they have a small tank truck which will distribute it to the various projects. Mr. Kowry asked if tank contents would be for dis- tribution, and Mr. Cunningham replied that they would deliver from the premises as the logical place would be from the office. He said that his company is in the contracting business, and its equipment is working out from this vicinity. Mr. Kowry said that he was satisfied. The Chairman asked if the petitioner intended to store alcohol and antifreeze, and Mr. Cunningham re- plied in the affirmative. He said that he now under- stands that an application will have to be made and a hearing advertised. Upon motion of Mr. Nickerson, seconded jay Mr. Gay it was voted to grant licenses to the Metropolitan Equipment and Service Co. to maintain one tank aboveground for the storage of 200 gallons of motor oil, one tank under- ground for the storage of 5,000 gallons of gasoline and one tank underground for the storage of 5,000 gallons of fuel oil. 578 CC Ca Messrs. Cunningham and Kowry retired at 7 :05 P. M. Mr. Burns, Supt of Public Works, met with the Board. The Chairman read a letter from Mr. Lindstrom, Building Inspector, reporting on the trucks and cars parked on the vacant lot on Bow Street. Mr. Burns reported that the Air Force is now very anxious to complete arrangements whereby it may connect to the Lexington sewer system and would like to sign a contract not any later than Thursday, May 14th, and pay U.S.A.F. the $35,000 charge when the connection is made. He ad- Sewer vised the Air Force representative that if the contract Connection was in proper form and approved by Town Counsel, it might be arranged. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to authorize Mr. Burns to sign a contract, providing it has been approved by Town Counsel, between the Town of Lexington and the United States Air Force, Cambridge Research Center, grahtigpermission to con- nect to the Lexington sewer system. Mr. Burns submitted gasoline bids as follows : Gulf Oil Corp. 18.27y per gallon (net ) Socony-Vacuum Oil Co. 18.30 " "' 0 Esso Standard Oil Co. 18.40 " Mr. Burns explained that Esso has been supplying the town for the past two years and previous to that it was the Shell 014 Company. Bull' Oil Upon motion of Mr. Gay, seconded by Mr. Bateman, contract it was voted to acdept the low bid submitted by Gulf Oil Corporation at a net price of 18.270/ per gallon. (Mr. Nickerson did not vote. ) Mr. Burns referred to the sewer bids opened March 30th and the water bids opened May 4th. Sewer bid Upon motion of Mr. Gay, seconded by Mr. Bateman, awarded it was unanimously voted to accept the low bid of $48*300 and award the contract for Sewer Work, Contract No. 1 to DiMinico & Pallotta, Inc. Upon motion of Mr. Bateman, seconded by Mr. Nickerss n, it was unanimously voted to accept the low bid of $59,255.00 and award the contract for laying Water Mains, Contract No. 2 to Susi & DeSantis. Mr. Burns reported that the contract for engineering Engineering work in preparing the Bedford Sewer bids has been com- Contract plated and ready for signature. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to sign the contract between the Town of 579 111Lexington and the engineering firm of Whitman & Howard for work done in preparing the Bedford sewer project. Petition was received front he Boston Edison Com- pany and the New England Telephone Company for removal and relocation of one 4/0 pole located on Wood Street. Mr. Burns explained that the relocation is to move Pole an existing pole from a private driveway. location Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to approve the petition and sign the order for the following pole location: Wood Street, approximately 3560 feet northeast of Fairview Avenue, one pole. (One existing 4/0 pole to be removed. ) A letter received from Bradford Motor Co. in October, 1952, requesting the removal of a tree and a utility pole in connection with a new concrete approach to the service station, was placed again on the agenda. Mr. Nickerson explained that Mr. Eugene Viano is the owner and the one principally interested in this. He Bradford had a talk with Mr. Viano who reiterated the request. Motor Co. Mr. Nickerson reviewed the subject and said that one tree & pole reason the Board did not grant the request was because removal he did not remove the nonconforming building, and the Town now is involved in a law suit. Mr. Viano thinks that is improper tactics, and Mr. Nickerson promised him that he would bring the subject up again for discussion. He said that Mr. Viano inferred that if the requests were granted, the building would be down. However, no promise was made to correct the nonconforming use. Mr. Burns explained that the utility pole which Brad- ford wants removed has a large transformer on it. He discussed the subject with the Boston Edison Compgnny at one time and was told that it would be a very costly to move it. Mr. Nickerson said that Mr. Viano should be advised that any expense involved in removing the tree and pole will have to be paid by him. Mr. Burns agreed to contact the Boston Edison Company to find out whether or not the pole can be moved and also how much it will cost. The Board will then write to Mr. Viano, advising him of the expense involved and ask if he wants to go ahead with the project. Mr. Carrigfs request for removal of a tree in front of Lot 13, Minute Man High-lands, Section One, was held over again. Further consideration was given to Mr. Breslints re- quest for removal of a tree located at the driveway to his store on Marrett Road and Waltham Street. A major- ity of the members of the Board viewed the area and were in favor of granting the request, being of the opinion L tc c- 0: that the tree would eventually die when the area is blacktopped. Breslin Upon motion of Mr. Nickerson, seconded by Mr. Gay, tree removal it was voted to authorize Mr. Garrity, Supt. of Shade Trees, to post the tree for removal. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to signaan Order of Taking of Easement Mowers Road for the construction of a water main in Nowers Road & Outlook from Henderson Road approximately 315 feet southerly Drive water and an Order of Taking of Easement for the construe- orders tion of a water main in Outlook rive from end of existing main a distance of approximately 7301 north- easterly. Highland Ave. Upon motion of Mr. Gay, seconded bb Mr. Bateman, sidewalk it was voted to approve an Order for the construction of a cement concrete sidewalk do the northwesterly side of Highland Avenue at property of #19. Mr. Burns retired at 7 :45 P. M. The Chairman read a letter from Mr. Carroll, Town Appointments Clerk, advising that the Moderator has appointed Robert W. Custance, 88 Hancock Street and Richard S. Morehouse, 37 Moon Hill Road as members of the Build- ing By-Law Committee. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to grant the following licenses : Lexington Amusement Co. 1794 Mass. Ave. Sunday Movies Gerald J. Flanagan 4 Aerial St. Peddler Mr. Richard A. Cormier's application for a peddler's license was held over pending report from the Chief of Police. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to grant the following uses of halls; free of charge : Manfred L. Warren Cary Hall June 10 graduation Legion Auxiliary Conf. Room May 18 meeting Mr. Nickerson reviewed the history of the so-called Adams School Old Adams School lot on Massachusetts Avenue and stated lot that after a thorough investigation the Town Counsel has advised that the vote of the town authorizing its sale to the Follen Church Society is still legal, and further he has found that there are no restrictions on the land. 11Upon motion of Mr. Nickerson, seconded by Mr. Bateman, it was voted to write to the Follen Church Society and entertain an offer of *900 for this parcel of land. 'gi Mr. Gay wished to be recorded as not voting on the subject. At 8 :05 P. M. Mr. Clesson C. Schofield, 7 Pleasant Street and a Mr. Holway, met with the Board. Mr. Schofield stated that the lights illuminating Lights at the statue at the Sacred Heart Church have been dimmed Sacred a little but still shine on his house, steps, side- Heart walk and driveway. He said that the lights are blind- ing to anyone walking down his steps. He also stated several times that he does not object to the statue or the lights providing the lights do not shine on his property. The Chairman explained that the lights were re- duced from 150 watts to 75 watts, and it was the in- tention Of the church to plant trees to prevent the lights from shining through, and he sashed this would be the time of the year for the planting. He said that he felt if Mr. Schofield had discussed the matter with Father Murphy, the situation would have been straigh- tened out. Mr. Schofield said that, according to his legal advisor, it is up to the town to see that the lights do not shine on his property. He said that planting trees will not help with the present lights. Mr. Gay asked if the lights would flash on his house if they were on the ground, and he replied that they would light the statue and would not hit his house. Mr. Holway said that he has no objection to the lights, but at the same time he feels it is unneces- sary to step out into his yard and have those lights shining. He said that he does not want any disagree- ment but would like to have the matter straightened out. The Chairman agreed to discuss the matter person- ally with Father Murphy. Messrs. Schofield and Holway retired at 8:15 P. M. Mr. Stevens said that he has Sewer Contract No. 1 between the Town of Lexington and DiMinico & Pallotta ready for the Board's signature. He will receive the Bedford certificate of insurance tomorrow. Sewer Upon motion of Mr. Nickerson, seconded by Mr. Gay, Contract it was voted to sign Sewer Contract No. 1 between the signed Town of Lexington and DiMinico & Pallotta in the amount of $48,500. (All but one copy was taken by Mr. Stevens. ) Mr. Stevens brought up the subject of the water West better- betterment assessment levied againat_ property of Mr. ment assess- test on Oak Street. He said that he has been wAiting meat to hear from West's attorney, Mr. Tropeano. L 582 Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to deny Mr. A. B. West's request for abatement of water betterment assessment levied on property owned by him and located on Oak Street. W. Stevens said that the Town had a claim against one Helen Sencabaugh who, at one time received aid from the Town and who, at the time of her death owned pro- perty at 78 Cliffe Avenue. Previous to his appointment Sencabaugh as Town Counsel, an attachment was made on herr.real es- case dismissed tate for the money she received from the Welfare Depart- ment. He explained that Frank Burke is handling the es- tate and informed him that the only asset is the house, for which an offer of *1400 has been made. Mr. Stevens is convinced that due to mortgage, funeral bills , etc. there is nothing there for the Town. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to authorize Town Counsel to dismiss the proceedings brought against Helen Sencabaugh and to release the real estate attachments that have bean made. The meeting adjourned at 8;45 P. M. A true record, Attest: tc-6-147—‘ er '