HomeMy WebLinkAbout1973-06-05JUNE 1973 - some changes
On May 21, 1973 the Board of Selectmen at their regular Monday meeting
voted to appoint Woodruff M. Brodhead a member of the Board of Appeals for
a five year term expiring March 31, 1978, subject as always to their being
sworn "to the faithful performance of their duties".
The Board of Selectmen also voted to appoint the following Associate
Members for terms expiring March 31, 1974:
Logan Clarke, Jr.
Haskell W. Reed
Irving H. Mabee
Robert Cataldo
Robert M. Gary
Thomas G. Taylor
Regular Members: Donald E. Nickerson, Chairman
George C. Sheldon, Vice Chairman
George P. Wadsworth
Ruth Morey
Woodruff M. Brodhead
Mr. Gary's first meeting: May 22, 1973
Mr. Taylor's first meeting: June 5, 1973
Secretary/Clerk
See tab for 1973
1
Evelyn F. Cole
1977
1975
1974
1976
1978
May 22, 1973
Miss Mary R. McDonough
; • ? . -z z
Town Clerk
Town of Lexington
Lexington, Massachusetts
_ t . , r(J`
Gear Miss McDonough:
Please be advisedt at the board of Selectmen voted at the meeting
e 9
held on I.1ay 210 1973 to
appoint Woodruff M. Brodhead a. Member of
the 3oard of Appeals for
a five year term expiring March 31, 1978.
The 130ard also voted to
appoint the following Associate Members
for torrs-axplrinq March
31, 1`►74:
Logan Clarke, Jr.
Haskell W. Reed
Irving 11. Mabee
Robert Cataldo
Robert M. Gary
Thomas G. Taylor
These individuals have been
notified to call at your office to be
sworn to the faithful performance
of their duties.
Very truly yours,
trPD OF SELECTMEN
Eleanor M. McCurdy
Lxecutive Clerk
EMC; mcrs
cc: Board of Appeals
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1
BOARD OF APPEALS HEARINGS
June 5, 1973
A regular meeting of the Lexington Board of Appeals was held on Tuesday,
June 5, 1973 at 7:30 p.m. in the Selectmen's Meeting Room of the Town Office
Building. Present were Chairman Nickerson, regular members, G. Sheldon, R.
Morey, W. Brodhead (first meeting as a regular member) and associate member
Thomas G. Taylor (first meeting as an associate). A large audience of town's
people filled the room to capacity. A reporter from the Lexington Minute -man
was present.
Public hearings were held on the following petitions, notice having been
mailed to the petitioners, to the owners of all property deemed by the Board
to be affected thereby as they appear on the most recent local tax list, to
town boards and officials who will or might be affected by decisions made,
and also advertised in the Lexington Minute -man.
The Village Food Store - special permit under Article III, section 2, g, (1),
of the sign by-law to erect a double faced standing sign, 6 ft. by 3 ft., on
an 8 in. sq. steel tubing, with bottom of sign 15 ft. from the ground.
This petition was withdrawn by the petitioner at 7:30 p.m.
Jean -Alain Dupon - special permit under section 25.69 of the zoning by-law to
increase the seating capacity of the restaurant at the Lexington Mews at 10-12
Muzzey Street (CB District) from 75 seats to 115 seats. Mr. Jean -Alain Dupon
is leasing the restaurant at the Lexington Mews.
John P. Carroll - permission to continue to pick up and keep cars, without
allowing them to be taken from the trucks overnight on the premises known as
31 Allen Street, Lexington, away from the abutters and the street so as not
to constitute an eye sore.
Kendall Company - special permission under section 12.2 of the Lexington
zoning by-law to build a solvent storage building, 14 ft. by 12 ft., of brick
and masonry on the property at 17 Hartwell Avenue. The Kendall Company
leases the property from Cabot, Cabot & Forbes Co.
Following the hearings the Board made the following decisions, all in
public meeting:
The Village Food Store - withdrawn at the hearing by Arthur M. Zeitler.
Jean -Alain Dupon (restaurant at Lexington Mews) - granted unanimously.
This permit is subject to any rules or regulations of the Lexington Board of
Health.
John P. Carroll - granted unanimously subject to the following conditions:
1. Not more than 30 cars shall be allowed on the premises at any one time.
2. Cars must be removed within 48 hours, weather permitting.
3. No resale business of any kind shall be conducted.
4. The existing fence shall be maintained.
5. No cars shall be transported or picked up from this area except during
the hours 8 a.m. to 6 p.m. week days.
6. Premises shall be kept clean and orderly at all times.
(conditions continue on next page)
JOHN P. CARROLL HEARING - June 5, 1973
A public hearing was held in the Selectmen's Meeting Room of the Town
Office Building with the following members present. Chairman Donald E.
Nickerson, regular members, George C. Sheldon, Ruth Morey and Woodruff M.
Brodhead, and associate member Thomas G. Taylor. A large audience of town's
people filled the room. A reporter from the Lexington Minute -man newspaper
was also present.
The Chairman read the notice as follows:
May 17 and 24, 1973
The Board of Appeals will hold a public hearing on the petition
of JOHN P. CARROLL for permission to continue to pick up and keep
cars, without allowing them to be taken from the trucks overnight on
the premises known as 31 ALLEN STREET, LEXINGTON, away from the
abutters and the street so as not to constitute an eye sore.
The hearing will be held on TUESDAY, JUNE 5, 1973 in the TOWN
OFFICE BUILDING at 7:40 P.M.
Edward Ginsburg: I am Edward Ginsburg, 1 Boston Place, Boston. This is, I
believe, Mr. Chairman, either the third or fourth year and I am happy to repre-
sent them. If some of you have gone up to the Carroll Farm you will notice
that there has been a considerable change. You will find that the conditions
up there have improved every year since the first year and I believe that if
you go by now you will see they are much better then they have ever been
before. All of the debris that used to be on the path is gone. There is no
more indication at all of the piggery. The large truck that you asked to have
removed is gone. There is now a fence. There is a fence that has been put up
in front so that the WHOLE AREA is now surrounded by fence. In addition to
that Mr. Carroll has purchased, and he has had it for a week now, a new piece
of equipment which will make it possible to transport cars from the smaller
truck that they came in on to the large truck that they are carried into town
on. He has assured us that it will be soundless. He hopes so because this
piece of equipment which all of you may go up and see is rather expensive and
the purpose of buying it is that it's supposed to be ...... there's supposed to
be no sound in the transfer, other then the engine of the truck. There will
be no clanking or banging any more. I have here a petition in connection with
the renewal. There are 190 signatures of people in town and in that area.
Dr. Wadsworth: All in town?
Mr. Ginsburg: Yes, all in the town and in that area. There are 190 of them
who signed in favor of it. I also have, because I heard there was going to be
some new members on the Board ....... Is this your first year, Sir? Oh, no, YOU
Chairman: This notice
was published
in the Lexington Minute -man newspaper
as required by law and
people deemed
interested notified.
Now, Mr. Carroll,
if you wish to make any further statement in connec-
tion with the petition
or if you are
represented by somebody else.........
Mr. Carroll: My lawyer is here, Mr.
Ginsburg.
Chairman: You are .....
oh, I think I
remember you from last year.
Edward Ginsburg: I am Edward Ginsburg, 1 Boston Place, Boston. This is, I
believe, Mr. Chairman, either the third or fourth year and I am happy to repre-
sent them. If some of you have gone up to the Carroll Farm you will notice
that there has been a considerable change. You will find that the conditions
up there have improved every year since the first year and I believe that if
you go by now you will see they are much better then they have ever been
before. All of the debris that used to be on the path is gone. There is no
more indication at all of the piggery. The large truck that you asked to have
removed is gone. There is now a fence. There is a fence that has been put up
in front so that the WHOLE AREA is now surrounded by fence. In addition to
that Mr. Carroll has purchased, and he has had it for a week now, a new piece
of equipment which will make it possible to transport cars from the smaller
truck that they came in on to the large truck that they are carried into town
on. He has assured us that it will be soundless. He hopes so because this
piece of equipment which all of you may go up and see is rather expensive and
the purpose of buying it is that it's supposed to be ...... there's supposed to
be no sound in the transfer, other then the engine of the truck. There will
be no clanking or banging any more. I have here a petition in connection with
the renewal. There are 190 signatures of people in town and in that area.
Dr. Wadsworth: All in town?
Mr. Ginsburg: Yes, all in the town and in that area. There are 190 of them
who signed in favor of it. I also have, because I heard there was going to be
some new members on the Board ....... Is this your first year, Sir? Oh, no, YOU
John P. Carroll Hearing - 6/5/73 (continued) Page 2
are new. I obtained some photos. These are not new. They were taken a
year ago but they substantially show the area. We had the aerial photos
taken so that you could see the small area that is involved. That picture
does not show the fence going all the way around because the fence had not
been put in then, but the truck had been taken out......?..
I also received, Mr. Chairman, and members of the Board, no complaints.
No complaints have been received from the building inspector and I have been
in touch with him in the past and he was instructed to get in touch with me
if there were any complaints and I think that if Mr. Carroll had been violat-
ing this year we would have been getting complaints. As you know there was
a suit. The suit is now over. It has been dismissed.
Chairman: As of May 29th.
Mr. Ginsburg: Yes. Part of the condition of ending that was that Mr. Carroll
adhere directly to the terms of the permit and he is, because I have been in
touch with the attorney who represented the people who brought the suit, and
he said there was no cause.
Chairman: Yes, we are glad to say that we were notified a couple of days ago.
Mr. Ginsburg: Right.
Chairman: Yes, this has been settled out of court.
Mr. Ginsburg: Yes, it has.
Mr. Sheldon: That's why all the activity around here!
Mr. Ginsburg: You might be interested in knowing that when the suit began I
had to do some research of the history of that area. It has been in the
Carroll family for 150 years. The oldest member of the Carroll Farm, John's
uncle, who is 91 years young......... Sir, will you just stand up so that the
new member can see you?
Mr. Carroll: (John Carroll's uncle complied) Certainly.
Mr. Ginsburg: He and his brother, who is Mr. Carroll's father, farm.....and
if you ride by you will see them doing activities as farmers. I think you
all know that farming is not a profitable thing any more and to carry on with
the farming ...as such....... they could not pay the taxes....... and this...
enterprise that John carries on..... He is the only son, who lives at home,
makes it possible for the taxes to be paid and for Mr. Carroll, Sr. here and
his brother to run, quote unquote, their farm. That was a sizable farm, as
a matter of fact, in the 20's and in the 30's and 40's they had 500 pigs.
It was a piggery with 500 pigs and the substitution, as far as that area is
concerned, and the substitution of what Mr. Carroll does now, is a much
happier thing for the people in the area. Also, in this era of ecology,
what Mr. Carroll here performs is a real public service to the town. He
removes from the town of Lexington between 25 and 30 cars a week and there is
no one else doing this and if he didn't do it there would be 25 or 30 cars
left around on the streets. He takes them into his place and then takes them
into town.
John P. Carroll Hearing - 6/5/73 (continued) Page 3
' Chairman: Do I understand that a large portion of the cars that are treated
this way are from Lexington?
John Carroll: The total number from the garages in Lexington ..............
you know most of them are because of accidents. If they are out of town cars
they are mostly from accidents in Lexingtop....... cars being removed from the
streets.........
Chairman: So you do practically all local business?
Mr. Ginsburg: Yes.
Chairman: Now, Mr. Ginsburg, we are going to read quite a lengthy letter
from the building inspector, or his assistant. We have pictures, 2 sets,
covering the whole of the last year........
Mr. Carroll: Yes.......
Mr. Ginsburg: I am sure he.......
Chairman: They show quite a marked improvement and the removal of the things
that were promised.
Mr. Ginsburg: Before I sit down I would just like to ask one thing. As you
know, Mr. Chairman, we have been back here annually and you have granted a
yearly permit and we would humbly request this time, if it is possible, if
it could be for a longer period of time? It would save the town and us
from having to come back every year and if it could be for a 5 year period
under the same terms and conditions the town would be protected because if
he (John Carroll) did not live up to the terms you could then act on him
without his even having to be here. But ....... it may be that you might
grant it for a longer period, 5 years, and I would so ask. If he did not
live up to it, it could be terminated. Thank you.
Chairman: Yes, Sir. Now, the first thing we will do according to our format,
we will ask Board members if they have any questions for Mr. Ginsburg or Mr.
Carroll.
Do you have any questions, George?
Do you have any questions, Ruth?
Mrs. Morey: Cars are supposed to be kept over night. Now we hear that cars
are being brought into town every other day. With this compressor I would
think you could wheel them in and wheel them out.
Chairman: I think I can answer this instead of asking Mr. Ginsburg to answer
this because I was talking with Mr. Carroll the other day and when the new
compressor or so-called crusher or whatever it's called, it is going to re-
duce the cars to a smaller size so that it will not be necessary to run his
truck to Boston every day with 15 cars. He can take 30, so he will be re-
questing to keep the cars over one night and delivering them every other
day....... that is instead of 15 a day. I personally can't see what differ-
ence it makes if the 15 crushed cars are kept there one day longer. You
asked the question and I have answered it.
John P. Carroll Hearing -,6/5/73 (continued)
Page 4
Mrs. Morey: Getting the compressor and moving it in makes it a different
kind of operation than just loading the cars and taking them in. It's a
step that is done in junk yards in the country. They ought to have one
(compressor or crusher ?) up at the dump.
Chairman: Well they ordered one........... didn't they?
Mr. Sheldon: Not for automobiles, but I understand they have ordered a
piece of equipment.
Mrs. Morey: A compressor? Have they ordered one?
Mr. Sheldon: A large piece of equipment of some kind.
Chairman: Well, the point is that it's compacted to a smaller size before
he takes them into town. This crusher with less noise is going to compress
them into a much smaller size with one fell swoop. He puts them on this
thing and it crushes them.
Mrs. Morey: May I ask one more question? Do they take the wheels off?
Mr. Carroll: Yes, and the tires and the gas tank. There's a market for them.
Mr. Brodhead: (?) How about the engine block? Is that still in there?
Mr. Carroll• Yes.
Mrs. Morey: These are the only things you are taking out?
You are not dismantling them?
Mr. Carroll• No
Chairman: Now, when I went up there yesterday there was a large pile of tires
and they were over here by this building and Mr. Carroll explained that they
were a day's crop and that the next crop..............now he removes those.
Does somebody come and get them?
Mr. Carroll: Yes, the Deal Tire Co. of Boston. They are a recap operation.
They come out and we give them to them free of charge.
(secretary's note: The name of the company is the way I heard it.)
Chairman: You must have had about 75 tires there? Do they pick them up
every day? Every other day?
Mr. Carroll: ......about..once a week they move them.
Chairman: Does that answer your question? Any further questions?
Mrs. Morey: I just know I bought some rims for $25 a piece, so I..........
Laughter from the audience.
Chairman: Do you want that in the record?
Mrs. Morey: You mean they give those away like that?
40
John P. Carroll Hearing - 6/5/73 (continued) Page 5
Somebody: Will having the crusher enable you to have more..(employees?)...
or are you going to have just the same number?
Mr. Carroll; I still have the same amount of help. I am not increasing the
volume. This will just make it easier on my help. There's nothing that goes
to the dump.
Chairman: How many employees do you have?
Mr. Carroll: Four.
Chairman: Four employees.
Any questions, Woody? (Mr. Brodhead)
Mr. Brodhead: No.
Chairman: George? Answer: No.
Chairman: Does anybody wish to speak in favor of this petition?
Chairman: Now, when I ask that question, we have a petition signed by 190
peo— pleT If you have signed as one of the 190 you may speak but don't be too
repetitive, please. When you speak say you are one of those who signed.
Now, does anyone wish to speak in favor of this petition?
Shirley Parsons, 65 Allen Street: Just for the benefit of the new member.
You have all heard me speak before. I am one of the closest neighbors and I
can see John's business from my home and it doesn't bother me in the least
and I think it would be a great idea if it was every five years to come in
for a permit instead of one year and I also think that every other day would
be fine with the gas shortage these days and one other thing. If anybody
thinks there is more noise from there, we get more noise from the traffic on
Route 2 then we do from Johnny's.
Chairman: Did you sign the petition?
Mrs. Parsons: Yes.
Robert Byrne, 77 Wellington Lane: I would like to speak in favor of Mr. Carroll.
He came down and removed an old refrigerator, cars and other things and for
those reasons alone I am very much in favor.
Chairman: Did you sign the petition?
Mr. Byrne: Yes, sir.
Chairman: Anybody else wish to speak in favor?
William Tatten, 29 Allen Street: Mrs. Parsons says she is the closest neighbor
but I can say we are too, There is nothing more than a couple of hundred feet
separating us from the area in question and ours and half the time I can't hear
anything at all. I would be in favor of the five year petition.
Chairman: Did you sign the petition? Answer: Yes.
John P. Carroll Hearing - 6/5/73 (continued) Page 6
' Chairman: Anybody else? .
John Sellars, 430 Concord Avenue: I know the operation quite wel nd I
can see a steady operation for 5 years and I can see nothing wrong and a
5 year permit. So I would be in favor of it.
hairman: You signed the petition?
Shirley Byrne, 77 Wellington Lane: I signed the petition. I think it's
very wise to have it. We are getting stuck with cars left on conservation
property. I belong to a conservation group and we would like to ask John
Carroll to go in there and take them out. People are driving their cars onto
the conservation property and leaving them there and who else would we call?
There is no one else locally who would take the cars away unless we had to
pay for it.
Somebody: Yes, it's a shame.
Mrs. Byrne: It is a shame. You could go out to the dump or to the conserva-
tion land and when you take what the tax payers have paid for this property...
...they bring them there and let them rot. I am in favor of this petition.
I live in the area. I can't see it. One thing I do see is that beautiful
hill with no houses on it.
' Mrs. Morey: What is your address, Mrs. Byrne?
Mrs. Byrne: 77 Wellington Lane.
Chairman: Why don't you ask Mr. Carroll to.....
Mrs. Byrne: I am going to after this hearing.
Chairman: ..........because as I understand it.....
Mrs. Byrne: ...... we have to get permission from Mr. O'Connell. We arn't
allowed to go in there on the conservation property. We don't have any
legal right to go in there.
Chairman: You have me confused, but if there's any problem you will probably
solve it. Did you sign the petition?
Mrs. Byrne: Yes, I did.
Chairman: Does anyone else wish to speak?
No response.
Chairman: Does anybody wish to speak in opposition to the petition?
No response.
Chairman: Hearing none I will comment on the ............ I will reiterate on
Mr. Ginsburg's comment. The law suit has been withdrawn.
John P. Carroll Hearing - 6/5/73 (continued) Page 7
' Chairman: We have a letter from the Planning Board dated June 4, 1973,
The Chairman read the letter as follows:
Dear Mr. Nickerson:
The Planning Board continues to oppose any continuation of an
automotive dismantling shop, salvage or junkyard on the residen-
tial property at #32 Allen Street under a variance to pick up
and keep cars.
Sincerely yours,
LEXINGTON PLANNING BOARD
/s/ Lois W. Brown, Chairman
(Mrs. Sanborn C. Brown)
Chairman: We will register that letter in opposition.
We have a letter from the building inspector who made periodic in-
spections of this property. He listed the dates of the inspections and
made general comments to the effect that an effort to abide by the stipu-
lations of the permit appeared to have been made and there had been good
cooperation on the part of the petitioner. Inspection dates were: July
14, August 1, September 1, October 10, November 7, December 1, 1972 and
January and February, March 27, April 23, May 4, May 30, 1973.
Chairman: Also he (Thomas W. Kelley, assistant building inspector) has
substantiated the letter with photographs.
Chairman: There is another letter. This one is in opposition.
The Chairman read the letter from Brita E. Swenson as follows:
210 Marrett Road
Lexington, Mass.
June 2, 1973
Board of Appeals
Town of Lexington
1625 Mass. Avenue
Lexington, Mass.
Dear Mr. Nickerson:
As the owner of the house No. 29 Allen Street and ten acres of land
which abuts the Carroll property approximately 1300 feet I wish to be
recorded in opposition to the junk yard and the renewal of the permit for
overnight storage of cars.
Yours truly,
/s/ Brita E. Swenson
Chairman: That concludes the letters.
Mr. Sheldon: There was a good demonstration of support.
Some board members expressed the same opinion.
John P. Carroll Hearing - 6/5/73 (continued)
Page 8
Chairman: We now declare the hearing (that portion of the hearing which
produces the evidence on which the decision is based) closed and we'll
notify you.
- end of hearing evidence -
The Board discussed further the facts of this petition in open meeting.
A motion was made by Mr. Sheldon to grant the petition for three years with
conditions. Mr. Brodhead seconded the motion. It carried unanimously.
The Board considered the reputed need for a service to remove and dis-
pose of old motor vehicles and felt that this removal and disposal of old
cars substantially served the public convenience and welfare and the over-
whelming approval and support of neighbors was an indication that it might
not tend to impair the status of the neighborhood. The petitioner did not
ask for permission to operate a salvage or junk yard and the Board was not
granting permission for either. The conditions agreed upon follow:
1. Not more than 30 cars shall be allowed on the premises at any one time.
2. Cars must be removed within 48 hours, weather permitting.
3. No resale business of any kind shall be conducted.
4. The existing fence shall be maintained.
5. No cars shall be transported or picked up from this area except during
the hours 8 a.m. to 6 p.m. week days.
6. Premises shall be kept clean and orderly at all times.
7. No trucks or scrap material shall be allowed to accumulate on the
premises.
8. This permit is granted for a period of three years (June 6, 1976 expira-
tion date) and a renewal will be subject to adherence to the above
conditions.
9. A bi-monthly inspection will be made by the building inspector and
failure to comply with any one of the first 8 conditions will cause
this permission to be immediately cancelled.
Respectfully submitted,
( 2,� �
Evelyn F. Cole
Clerk, Board of Appeals