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HomeMy WebLinkAbout1930-12-02-STM-MIN _ _ II 449 TOWN MEETING DECEMBER 2 , 1930 . The Meeting was called to order by the Moderator Robert H . Holt . The Town Clerk proceeded to read the Warrant , but upon motion , the reading of the Warrant was waived . The return of the Constable thereon was then read . Art . 1 . On motion of Mr . Robert P . Trask , this article was taken up . Mr . Trash reported verbally for the Committee on Unemployment . He stated that a number of applications have been filed at the Town Hall and that some of the people have been placed to work by the Town in laying water mains on Lowell and Wood Streets . He stated that the people who register are people who want work and do not want to apply to the Welfare Department for aid , He urged that people who desire to employ persons register at the Town Hall ' so that this may give employment to persons who are in need of work . Art . 7 . Under this article , Mr . Theodore c, . Custance uffered the following motion : " Voted : That the Town rescind all action taken under Article 28 of the Annual Town Warrant , March 4 , 1929 :fr. ich action was taken at an adjournment of saidmeeting held on April 8 , 1929 , also that the Town rescind the further action taken under Articles 11 and 12 in the Town Warrant of December 16 , 1929 which action relates to the purchase of the Stuart- Marshall Realty Company property. " Mr . Theodore A . Custance explained that the Stuart- Marshall Realty Co . project is not completedand this is the re -' son that the Town was asked to rescindits action . Mr. William H . Ballard further explained that -he was instrumental in making negotiations with the Stun.rt-Marshall Realty Company when he was a member of the Board of Selectmen, and that when the arrangements were made it was thought that the Stuart-Marshall Realty Company were financially able to carry throughthe arrangements . It proved however , that the Scott Tea Company foreclosed the mortgage and are now the owners of the property , and _inasmuch as the Stuart -Marshall Realty Compc ny now have no enuity in the property the project cannot be completed . The motion as offered by Mr . Theodore A . Custance was carried unanimously . Art . 8 . On motion of Mr . Theodore A . Custance the following vote was passed unanimously : " Voted : That the sum of 1i;40500 . 00 be transferred from the account of Furchase of Land , Stuart- Marsl al l Rialty Company for the purpose of doing the preliminary construction work on the relocation of a portion of Lincoln Street from Lla. ssachusetts Avenue to Marrett Road . " Mr . George M . Ross , Chairman of the Appronri . . ti on Committee stated that the Committee approved of this appropri ?_.tion. He stated that Le understood that 60° of the amount of money to be spent on tI is construction work will be for band labor which will help the unemployment situation . kir . Custance c -rnl ained that the State and County were each to contribute the sum of -4500 . The State has already sent in a notice o . bile ' . contribution and. the County will probably do so ...ri t in a few days . Art . 9 . Under this article or potion of Mr. Sydney R . ;rigbting;ton the following vote was passed unanimously : " Voted : That the Town <:ut, orize the Selectmen to rct i. ti on the Legislature for ar nroprict to legislation to permit 'towns and cities to include bI 1_ 1. boards among the othere a rue -tures ihich may be regulated by zoning by- laws and ordinances . " Mr . Vlrightington explained that in many instances bill- boards were per'n it ted by the Li tat e Dept . of Public ';corks while the Town objected to their being permitted and this was 450 .7) the reason for requesting this Legislation . . 1 Art . 6 . On notion of ng. Sydney H . Wrip;htington the follow- ing vote was passed unanimously : " Voted : That the Town hereby aut r , orizes and ins tructs its Board of Selectmen to execute , acknowledge and deliver in the name and behalf of said Town a deed re leasing to the heirs and assigns of JRcob 7/• Wilbur , late of Brookline , Nor- folk County , Mass . cl usetts , in accordance with their respective titles andinterests , all right , title andinterest it has , if any , acquired by said Town unc'er a deed from Byron C . Earle , its Collector of Taxes for said. Town , dated. April 25 , 1911 and recorded with Middlesex South District Deeds Book 3604 , Page 23 , in and. to a certain parcel of land wit* the buy_ lc=.ings thereon sl own on a plan of " Land in Lexington , Mass . , be longi n? to Harvey S . Bacon , Sept . 20 , 1910 , H . S . Adams , C . E . " recorded with said Deeds in Plan Book 231 , Plan 20 . " Art . 2 . Under this article Dr . Clarence Shannon offered. the following motion : " Voted : That ,1750 . 00 be transferred from the account of Purchase of Land , Stu.r:. rt- Mars ; all Realty Co . , to the Law Deportment . " The Chairman of the Approprin -ion Lon littee stated that the Committee approved this apropris, tion . On motion of Dr . Clarence Shannon the followrini, vote was passed. unani Nously : " Voted : That ;1000 . 00 be transferredfrom the account of Purchase of Land , S u <;r t-Marshall �Leal ty Co t any , to t��, e Insurance Ac count . The Chair rrn of the Appronrinti.. on Committee statedthat the Commit tee approt3ed of tlf is appropriation. On motion of Dr . Clarence ohannon ti ±e lollowini vote was passed. unanimously : " Voted : " That ,x1000 . be transferred from the a count of Pur erase of Land , Stuart -iittrsl� nl l Realty Company , to the Public Welfare Department Account . " ' The Chairman of the flppr-opriation Committee stated that the Committee approved this appropriation. On motion of Dr . Clarence bbannon the following vote was passed unanimously : " Voted: That tra25 . 00 be transferred from the account of Purchase of Lana , Stuart -T: arshall Realty Company , to the Elections and Registrations Account . " On motion of Mr . Howard. S . 0 . Eicl o ls , the following vote was passed : " Voted : That ;;2500 . 00 be transferred from the account of _ urchn se of Land , Stu ° x't -Marshall Realty Company , to the School Building Committee Department . " The chairman of tine Appropriation Committee stated that the committee approved this appropriation . Art . 5 . Under this article Mr . Robert I . Trask offered the folloyfing motion : Voted : That thy, Town accept andestablish a bu lding line on Mass ' . chusetts 21.vonue from the northerly ten-2inus of the present street line on the former Town Hall property now owned by Messrs . Rubin LN: Seligman , to Meriam Street , all as laid out by the Selectmen and shown on plan on file at the Town Clerk ' s Office entitled , " Plan 'Mowing i ropo ed Building Line on M.*. ss . Avenue , Lexington , from its Northerly Terminus to Meriam Street , November 10 , 1930 , Scale 1 incl - 20 feet , John T . Cosgrove , Town iin.gineer , " provided that any structure existing at the time of the establishment of said building line shall be permittedto remain and be mai t ained in its prof ent location , andfor the purpose of establisl ing this building line the sum of X1500 . be appropriated , and that said sum be transferred from the account of Purchase of Land, Stuart-Marshall Realty Company . " Mr . Ric}' ard S . IdcCf-be 'asked why the sum of c, 1500 . was namedin the motion , inasmuch as he felt that if a building line is established , rights of action will arise from the 451 property owners , andthat the sum it will cost the Town will greatly exceed , ; l500 . Mr . Trr. sk explained that the Board did not know what the sum would be but an appropriation was required to be .nide and they decided on a nominal sum of ,; 500 . on each piece of property or •; 1500 . to take care of the entire distance . ' Mr . George M . Ross , Chai °rman of ti- c Appropriation , �- om.-��ittee , stated that the Appropri !? tion Comn- nittee did not approve of this appropriation . Mr . '�`fil_ liam H . Ballard s ' rated that be felt, Lhnt the - >e should be no fear of es tabli.s' ing a bui . ding line and he felt that it s } orad_ be established throw ', to Meriam Street . He stated that as a result of the establishing ' of a building line fro-1 the Town Hall lot to . .oburn :-) trept we now have one suit that hays not been pressed because of the fact that the o .rnens have not dmcided as yet the amount of their damages He felt also thr. t tv c owners of property 4::V onti -G1ecto know whet L-,he `1'oin intends to do at a later date , and -that eventually idle street will be widened and they can make their ^ rrangerents accordingly . He stated also that he communicated with the Scott Tea Company and found t}1^. t they are interested in coopers-ting; with the Town and he felt that the line should be established so that they could go ahead and plan the improvement of their property on a pmm nent basis . He had not had any c om - -runic . t i o with the Hunt owners , but he felt that the Town should adopt this motion . Yr . James C . noher tson inquired of the Appropriation Committee whether or not they approved the app2opth. tion of ,p55 , 000 . for the purchase of the O ' Connell property at a previous town meeting . The Chairman explained that they did approve this aper opr i ati on . ur . obeT; tso n stated that the Town has for many years planned to widen Mass ; Avenue in the center of the Town. He mentioned the wideninc-* at the Colonial Block when the property chan2ec hands , also the wicening at t3uckman Tavern and cal ] ed attention to the three parcels of land left that are not uniform with the balance of Mass . Avenue . through ' he centre . He felt that eventually the Town would have tr widen Massachurletts Avenue and that a buildincr line should be established tl rouT to Meriam '� T Street . Mrs . Robert '2 . Tras ' - inquired if the appropriation Committee were unanimous in their decision , and if not what tLe vote was . • Yip . Ross replied tI' at the Committee wer'e not unanimous in their decision tut he did not remember what the vote was for or a(7ainst . Mr . Francis Chamberlain asked to have the benefit of the conclusions drawn by the Appronri_ ation Committee . Mr . Ross replied that the Committee felt that a bui ; ding line should be established over the O ' Connell property now inasmuch as there is an immediate reason for doing so and the Committee approved the appropriation of $500 . for this pirpose . Tney did not , however , approve an appropriation for the building line over the Hunt property or to Meriam Street , inasmuch as they felt that at some future date the line may be established and it would then nct cost the Town any more than it would at the present time , an (' that any establish - ment of a line at the present time would immediately involve litigation . Mr . C . ridwarrGlynn , stated that he was in favor of the Built inrr line but he did not believe that the line needed to be estahli shed at the present time (only o •.'er the O ' Connell property and he felt tha4 action should be taken thererore under Article 3 . On motion oa ' Mr . Allen Chamberlain Article 5 was laid upon the table . Art . 3 . Mr . Robert P . Trask rnoued. that art/tele 3 be taken ip and under this article offered the following motion Voted : That the loam accept and stablish a building line on Massachusetts Avenue from the northerly terminus of the present street line on the former Town Hall property now owned by Messrs . Rubin & Seligman to the property of Anstiss S . Hunt , et al , all as laid out by the , Selectmen and shown on plan on file in the Town ' lerk ' s Office entitled , " Plan Showing Proposed Building Line on a Portion of Mass . Avenue , Lexington , October 17 , 1930 , Scale 1 in . - 20 feet , John T . Cosgrove , Town Engineer , " provided that any structure existing at the time of the establish- merit of the said building line shall ' be permitte : to remain and be maintained in its present location , and for the purpose of _ 452 CY) establishing this building line the sum of 3500 . 00 be appropriated , and that this sum be transferred from the account of Purchase of Lana , Stuart -lvlarshall Realty Company , Mr . Sydney R . Wrightington explained that he felt it *was a very reasonable :hove for the Town to take up the e stablishment of a huildi.nT line over the O ' Connell property and definiteldetermine the line so that Mr . O ' Connell could proceed with his buildi.n,s . Lie also felt that it w as not necessary at this time to establish a building line clear through to Meriam Street . Mr . Albert H . Burnham explained that he was in favor o f a buil. di. ng line being-. established throu:rh to Meriam Street but he felt that at this time it would be a consider - a. ble cost to the Town but he hoped that at least the Town wo .tld establish a build in7 line across the O ' Connell property . Mr . Joseph H . Cotton state (+ that he WAS not in favor of this proposition . He felt that the Selectmen should have spent as much time in finding out what the damages would be over the O ' Connell nroperty as the establishment of a building line , inasmuch as they had spent time and money in establishing the purchase price of the O ' Connell property . He felt therefore that the Town should not vote upon an unknown quantity and that, the s am of $500 could not cover the expense of the building line . He did not believe that it was proper to vote on something that mi /ht cost the Town a great deal of money especially in these hard times , and he did not feel that the tax payers should be burdened , w ith the expense that might arise in passing this motion . He felt that an approximation should be made of the costs o f the buil± inq line before a motion was offered . He stated that it was understoo:l that six or seven years a , to when this oroperty was purchased and repaired that the cost of establishing a building line woult7 probably be about $20 , 000 . He felt that the Town has xtau this $20 , 000 with interest r9urin .: that period and with increased taxes he did not feel that the Town would lose any money and that in a few years to come perhaps the Town could afford to pay $75 , 000 more than they could $50 , 900 at the present time . Mr . Sydney R . +tJri -ting ton explained that the rule for establishing a building line was very simple and was not a question of law but a question of value . he felt that the representatives were just as much able to guess at the value as anyone . Mr . Richard S . McCabe stated that he atreed with Mr . Cotton and he was opposed to establishing a building line . Mr . William J . Marshall was in favor of establishing a ouil. d i ng line . Mr . Frederic L . Fischer felt that it would e a waste of money not to establish a building line now and purchase an old building rather than to wait until a new building is built . Mr . Arthur F . Hutchinson was oppose to a building line being established . Mr . Llwyn G . Preston stated that he did not believe that there were any of the Town Meeting Members present that did not believe that Mass . Ave . would be widened eventually . he was in favor of establishing the building line through to : Priam Street , however , he felt that the present building project in hand, should be allowed to proceed in the proper manner . 'kite cited a case where the City of Boston allowed a building to be built on State Street and the city had to purchase a new builcaing at a later date costing a great deal more money . Mr . William H . Ballard called attention to the foresight of the Town in purchasing the Buckman Tavern property and also the purchase of the Boston & Maine Depot Yard with the provision that the street be widened in front of this property , and he hoped that the motion would prevail . A two -thirCs vote being necessary under this motion , a rising vote was taken , 116 voting in the affirmative and 29 against , the Moderator declared the vote passed . 453 Art . 4 . On motion of Mr . Robert P . Trask this article was . indefinitely postponed . On motion of Mr . Robert P . Trask article 5 was taken from the table and on motion of Mr . Trask it was voted to indefinitely postpone this article . The meeting dissolved at 9 : 45 P . M . • • A true record , Attest : t-J-14,6„6 . ari G:a-� Town Clerk . (r- • Lexington, Mass . February 3 , 1931 This is to certify that the Board of Selectmen have this day appointed Helen C . Whittemore , Town Treasurer of the Town of Lexington , and she has been duly sworn to the faithful performance of her duties . W60,6,4_ Notary Public . Lexington , Mass . February 6 , 1931 . This is to certify that the Board of Selectmen have this day appointed Helen C . Whittemore , Town Clerk of the Town of Lexin i; ton , and she has been duly sworn to the faithful performance of her duties . 4:Leda .a Notary Public . • My commission expires May 27 , 1938 • • I .