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HomeMy WebLinkAbout1948-10-19561 SELECTMEN'S MEETING October 19, 1948. A regular meeting of the Board of Selectmen was held in the. Selectmen's Room, Town Office Building on Tuesday evening, October 19, 1948 at 7:30 p.m. Messrs. Emery, Gay, Driscoll and Nickerson were present. The Clerk was also present. In the absence of Mr. Paxton, Mr. Gay acted as Chairman. At 7;30 P.M. hearing was declared open upon the application of Harry Rowe Mimno, 83 Pleasant Street Gasoline for permission to install one underground tank for the Hearing storage of 275 gallons of non-leaded ("white") gas- oline on premises at 83 Pleasant Street. The petition- er was present, but no other persons appeared in favor or in opposition. Mr. Mimno explained that his nearest neighbor is over 1/10 of a mile away and the equipment to be used is standard radar equipment. He said that the smallest tank he can obtain has a capacity of 275 gallons. Mr. Emery moved that the application be approved and the license granted. Mr. Driscoll seconded the motion, and it was so voted. Mr. Mimno retired at 7;35 P.M. At 8:00 P.M. hearing was declared open upon the application of the Abbott Spray & Farm Equipment Co. for permission to install one underground tank for the storage of 6,000 gallons of gasoline and one tank above ground for the storage of 250 gallons of motor oil. Gasoline Hearing Notice of the hearing was read by Mr. Gay, Mr. Steeves, Mr.. Bennett and one other individual all representing the petitioner were the only persons present. Mr. Steeves explained that in filling out the application he requested 6,000 gallons but he does not want it all in one tank. They want two 3,000 gallon tanks and there will also be more than one container for the motor oil. Mr..Bennett stated that usually in making appli- cation most towns require the capacity instead of the number of tanks. Mr. Nickerson asked how much of the area in question is zoned for 0-1 and Mr. Bennett replied that the entire area is so zoned -- over 19,000 feet. Mr. Gay said that before the Board could give the applicant a final decision it might be well to check the advertisement to make sure that the Board does not get into any legal entanglement. 562 Parking Memorial Chapter 90 Mr. Nickerson asked if the gasoline would be for public sale or for the company and Mr. Bennett replied that it would be for both. He explained that they would like it for public use aqa source of revenue. The business is more or less stable but is is seasonable. Mr. Nickerson asked if the company had checked back to find out the terms of the Board of Appeals permit when permission was granted to operate the Zbtheinees and Mr. Bennett replied that it did not include gasoline. Mr. Nickerson said that as he recalls, it was for sales and service of their own equipment. Mr. Gay said that the Board would check this further and render a decision within a few days. The group retired at 8:10 P.M. The Clerk was instructed to send a copy of the Board of Appeals Order to the Town Counsel and ask his opinion as to whether or not it wil be necessary for the petitioner bo request another Boar of Appeals hearing, and also if another gasoline heari g will be necessary inasmuch as one underground tank was mentioned in the advertisement and they desire two. Letter was received from W. H. Ballard suggesting a revision of the existing parking regulations so that commencing April 1, 1949 angle parking may be discontinued in front of the Central Block and parallel parking per- mitted only. He also suggested discontinuing the present parallel facilities in front of the Hunt and O'Connell property. The Clerk was instructed to invite Mr. Ballard to meet with the Board at his convenience to discuss the subject. Letter was received from Mr. Garrity, Supt. of Parks and Playgrounds, with reference to the proposed memorial to be erected on Buckman Tavern property. He stated that the Park Department will not be able to assist, if the work is done during the next three weeks, because all Park personnell, with the exception of a skeleton crew, will be on vacation until November 1. The Clerk was instructed to call this tO the Chair- man's attention. Statement was received from the Massachusetts Department of Public Works showing all expenditures made for or on account of the work covered by Memorandum of Agreement between the Department of Public Works and the Commonwealth of Massachusetts. The Clerk chedked this with Mr. DeFoe, Sup°►t. of Public Works, and he approved the summary of costs as being correct. 1 1 Mr. Emery moved that the statement be signed and returned to the State. Mr. Nickerson seconded the motion, and it was so voted. The Clerk informed the Board that Joseph A. Moretti will, pay $25 each for lots 197 and 198 Rindge Avenue, the price recommended by the Committee on Tax Title Property. Mr. Nickerson moved that a proposal to sell be advertised in the Lexington Minute Man and that further consideration be given the offer at the next meeting of the Board. Mr. Driscoll seconded the motion, and it was so voted. Deed, prepared by the Town Counsel, to lobs 40, Block B. Acorn Street was received. Mr. Emery moved that the deed be signed and Nickerson seconded the motion, and it was so and Mr. 563 Tax Title $9 recorded. voted. Letter was received from the Building Inspector, Mr. Lindstrom, calling the Board's attention to violation of Building and Plumbing Laws as the result of work done on the house owned by Mr. Willard I. Woodis and located at 41 Grant Street. It was decided to have Mr. Lindstrom meet with the Board next Monday. Request was received from the Community Chest for permission to borrow six chairs for use during the Community Chest Drive. Mr. Emery moved that the request be granted. Mr. Driscoll seconded the motion, and it was so voted. Building Violation Copy of a letter from Mr. DeFoe to Milton C. Shaw and a copy of Mr. Shaw's reply were read by Mr. Gay. Milton Mr. Finery telephoned Mr. Lynch and reported C. Shaw that he was of the opinion that the Board should not make any change in the stand previously taken by the Board. . Mr. Shaw met with the Board at 8:50 P.M. Mr. Gay said that he noticed Mr. Shaw had changed his mind about deleting the last two para- graphs of his original agreement. Mr. Shaw stated that he had omitted those para- graphs. He said that it was understood that he would delete the two paragraphs which he did and Mr. Lynch indicated that he would recommend favorable action. He said that he sent the agreement in and the very next day Mr. Brox went down to the property and town surveyors surveyed the property, put in stakes for 564 grading and finished Thursday afternoon. On Friday morning Mr. Burns gave Mr. Brox permission to go ahead and three men went down to work on the cesspool. They dug all day Friday and Monday until noon and were then called off. The next thing he heard was the letter from Mr. DeFor, which stated that if he did not sign the original paper the cesspool would be filled in and a fence put up. He said that Mr. Lynch stated that he recommended favorable action but that the Board of Selectmen were not satisfied. Mr. Finery asked if Mr. Shaw had made any changes other than deleting the last two paragraphs and Mr. Shaw replied in the negative. Mr. E]nery asked what the drainage situation was and Mr. Shaw said that he had a drain pipe on one side of his garage to carry the water into the street. Mr. Burns did not like that and said that in the winter ice would ford causing a dangerous condition, and suggested that the pipe be installed at the rear of the garage and go down the side of the garage. He said he would find out if the Town would allow him to connect with the sewer. He said that it does not matter to -him whether or not there is anything in the agreement about the drain. He said that he intended to dump the water into the street but would plug the pipe during the winter. Mr. Shaw said that no matter What is done the cesspool will have to be finished and it will take only another day to do the work. Mr. Gay said that, at the last meeting of the Board, it was voted to send Mr. Shaw the same type of agreement submitted to and signed by the other abutters. Mr. Nickerson said that the Board might as well make it very clear to Mr. Shaw that it has been decided very definitely that the agreement given to hit is the'bne to be signed. Mr. Shaw said that he understood the Board to say that if he deleted the last two paragraphs the agree- ment would be accepted Mr. Emery asked Mr. Shaw to retire, and he agreed. Mr. ]]eery said that Mr. Shaw was absolutely right and that at a later meeting the question of perpetuity came up and Mr. Emery was of the impression that this had been included after the last two paragraphs had been omitted. However, in talking with Mr. Lynch he was told that no other change had been made, and this particular clause was in the agreement from the beginning. Mr. Lynch said that he approved the agreement from a legal point of view but said that Mr. DeFoe should approve it from an engineering point of view. 1 The Board discussed the matter further and Mr. Shaw returned to the meeting at 9:25 P.M. Mr. Gay explained that at the time Mr. Lynch discussed the agreement with the Board, he approved it from a legal point of view and after Mr. Shaw had left the meeting the Board did not approve the wording with reference to perpetuity. Mr. Shaw explained that he did not purposely put that in. His idea was that if the slope washed away once it might wash away again. He said that perhaps it is not fair to expect the Town to take care of this and guarantee the work, and if the Board felt that it was not fair he would take it out. Mr. Driscoll said that to put something on to another Selectman who might come in and take his place, would be voting for someone who has not been in the picture. Mr. Emery explained that from an engineering point of view it seemed unwise to accept the agreement. Mr. Shaw said that he is willing to alter the part to which the Board objects. Mr. Emery said that if Mr. Shaw would agree to delete the words pertaining to the maintenance and sign it, the Board would accept the agreement. Mr. Shaw changed the agreement to read "the slope shown on the attached plan is to be covered with lawn grass and the turf ace maintained until six months after sodding is completed", and signed it. P; [r. Emery explained that the Board is trying to be not too affirmative in the absence of the Chairman and the members feel that the matter will go along now. He asked if it were all right with Mr. Shaw and he replied in the affirmative. Mr. Shaw retired at 9:40 P.M. and the meeting adjourned. The next regular meeting of the Board will be held on Monday, October 25, 1948. A true record, Attest: 565