HomeMy WebLinkAbout1941-07-14Scott pro-
posed Bldg.
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SELECTMEN'S MEETING •
July 14, 1941
A Special Meeting of the Board of Selectmen was held
In the Selectmen's Room, Town Office Building, Lexington
at 7:30 P. M. The Selectmen were notified of this meet-
ing by a letter dated July 9, 1941. Chairman Giroux,
Messrs. Potter, Locke, Rowse and Sarano were present.
The Clerk was also present.
Mr. Sidney R. Wrightington and Mr. Roger W. Greeley
appeared before the Board.
Mr. Wrightington read a letter from Mr. Elwyn G.
Preston stating that he had talked with Mr. VanKleek, one
of the trustees of the Brown Estate which controls
Chandlers. He made it very clear that Mr. Scott was
"shooting too high" and also that they were under no ob-
ligations to Mr. Scott to take the property unless he met
the requirements. Mr. Preston recommended that the Select-
men be very stiff with Mr. Scott.
The Chairman said he thought the Board should decide
whether or not it wanted a 25 foot or a 15 foot setback.
Mr. Greeley said that the Planning Board thought it would
be unwise to hold out for 25 feet and would be satisfied
with 15 feet. That body would be very unhappy if the
building was erected on the present line. He said there
would be no observable difference between the 15 foot set-
back here and the line through the O'Connell property as
Emery Park comes between. The Chairman asked if, in the
opinion of the Planning Board, a 15 foot setback would
meet our needs for some time to come and Mr. Greeley re-
plied in the affirmative. The Chairman said that if the
Board went along on the 15 feet, it would remove the
immediate question in relation to the fire station.
At 8:00 P. M. Chief Edward W. Taylor and Mr. Norman
Hooper appeared before the Board.
The Chairman asked the Chief what we would need in
order to take care of the Center Station if we had to
move out of the present quarters immediately. The Chief
said that the ladder truck now at the Center could be put
In the East Lexington house, together with Engine One and
Hose One. This would leave Engine Two and Hose Two, the
Ladder Wagon, and Ambulance to be disposed of. The en-
gineers finally decided on the Barnes' property and be-
lieved that without too much expense,, they could house
Engine and Hose number Two there and put the Wagon and Am-
bulance at the Colonial Garage.
The Chairman asked what it would cost to r emove the
wires from the present station to the Barnes property and
Chief Taylor said that it would cost about $2500.
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•
Mr. Wrightington asked how long a period of interruption
there would be and the Chief said there would be none.
At 8:04 P. M. the following persons appeared before
the Board: Frederick Newhall, F. K. Johnson, Donald Nicker-
son, Alfred P. Tropeano, George C. Sheldon, James H. Rusell,
George M. Hynes, T. A. Custance, Julius Seltzer, John T.
Cosgrove, William C. Paxton, Mr. Scott and his architect,
Mr. Steffian.
Mr. Scott said that if the Town allowed him to build
on the present line, he would have room enough and it would
not be necessary to move the fire station and it would not
cost the Town a cent. The Chairman asked him what his at-
titude would be if the Town should decide it would not al-
low him to build on the present line. Mr. Scott said he
would have to reduce the size of the building. The Chair-
man asked him if it would solve his problem if the Town took
25 feet and gave him the fire house land. Mr. Scott said
that it would not solve the problem as the 25 foot setback
would be worth money. The Chairman said that if the Town
gave its equivalent in the rear, he would not lose a thing.
Mr. Scott said that if he built on the present line, he
could use the same front foundation wall and use the same
cesspool. He said he might save $400.00 or $500.00 in the
digging of the cellar. The Chairman asked what his propo-
sition would be if the Town took 25 feet. Mr. Scott then
asked Mr. Wrightington if it was the intention to merely
put the line through or to actually take the land. Mr.
Wrightington said he believed it was the intention to es-
tablish the building line which is the taking of an easement
with respect to structure. Mr. Scott asked if the land would
not be taken until afterwards and Mr. Wrightington said that
it wouldn't. Mr. Scott said he did not want 25 feet of land
1$ing idle in the front. The Chairman said that in the event
the Town did establish the building line, he believed it
would make the taking and widen the street. He asked if the
other members agreed with that statement and they all did.
Mr. Scott asked if the Town wanted to deed the fire house
land to him for the land in front and the Chairman replied
in the affirmative and said they wanted to exchange the par-
cels. He said that the Board thought he was going to own the
Mara land but now understands that he is not interested in it
at all and therefore the Board was willing to eliminate the
condition that the Board expected him to provide land for the
fire station. Mr. Scott asked why the Board expected him to
give the Town the 25 feet. The Chairman asked him why the
Town should pay him anything for it; he would still have a
frontage on Mass. Avenue and the Town would have to widen
the street which would leave a better parking space in front
of his block. Mr. Scott said that if he did not get the fire
station land, he would have to tear down the block facing
Depot Square. The Chairman told him the Board couldn't see
.
how he would be hurt at all.
The group retired at 8:20 P. M.
Mr. Wrightington remained, and the Board discussed the
matter.
The group returned at 8:25 P. M.
The Chairman asked Mr. Scott if he understood that any
proposal the Board made to him was simply what it would re-
commend to the Town Meeting and he said that he did. The
Chairman told him that the Board would not consider taking
his proposition to the Town Meeting. He then asked Mr.
Scott what his proposal would be if the Town made a taking
of 15 feet with the same conditions as outlined before. Mr.
Scott said that if the Town took the 15 feet with the same
conditions as before, he would expect $18,000. Mr. Custance
asked Mr. Scott what he would base his.damages.on. Mr.
Scott said he would base his claim on the 15 foot taking
and he figures that the land is worth $6.00 per foot. On a
25 foot taking, he figures it is worth $5.00 per foot. He
would claim damages for the front wall which he wanted to
save, for having to excavate the cellar, for having to
build a new cesspool, and for tearing down one store. He
figured that the store which is occupied by a cleanser is
worth $4,000.00.
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Mr. Steffian said that if the Town took 25 feet on
Mass. Avenue, and Mr. Scott built the block he wants to
build, he will have to demolish the stores facing Emery
Park and if the Town doesn't take the 25 feet, he will not
have to demolish the stores. He said that Chandler's ex-
pected to take in $400,000.00 worth of business a year.
The Chairman told Mr. Scott that he should remember
he wants to get in there in a hurry and that in order to
help him, it will be necessary to move out of the fire
station very quickly. There will be no time for the Town
to build a fire station.He asked Mr. Custance what it would
cost to put the Barnes' property in shape to house the fire
apparatus and Mr. Custance said tt would cost approximately
$1500.00. The Chairman said that meant that the Town would
have to spend $4,000.00 to get out of the present quarters
quickly and as the use of the Barnes property would be only
a temporary arrangement, it would be a waste of money. He
said that the Board thought it was being most reasonable in
offering to exchange the rear land for the 25 foot frontage.
Mr. Steffian said that if Mr. Scott had to go back 25 feet,
he would have to tear down at least two of the stores facing
Emery Park regardless of whether he received the fire house
land or not. He could get into the land from Merriam Street
between the building and the fire station as there would be
about 22 feet. The Chairman asked if Mr. Scott was prepared
to state the amount of money he would want if the Town book
the 25 feet and gave him the fire house land. Mr. Scott
said that if the Town took the 25 feet and gave him the land
where the fire house is, he would want to be paid 425,000.
The group retired at 8:20 P. M.
Mr. Wrightington remained, and the Board discussed the
matter.
The group returned at 8:25 P. M.
The Chairman asked Mr. Scott if he understood that any
proposal the Board made to him was simply what it would re-
commend to the Town Meeting and he said that he did. The
Chairman told him that the Board would not consider taking
his proposition to the Town Meeting. He then asked Mr.
Scott what his proposal would be if the Town made a taking
of 15 feet with the same conditions as outlined before. Mr.
Scott said that if the Town took the 15 feet with the same
conditions as before, he would expect $18,000. Mr. Custance
asked Mr. Scott what he would base his.damages.on. Mr.
Scott said he would base his claim on the 15 foot taking
and he figures that the land is worth $6.00 per foot. On a
25 foot taking, he figures it is worth $5.00 per foot. He
would claim damages for the front wall which he wanted to
save, for having to excavate the cellar, for having to
build a new cesspool, and for tearing down one store. He
figured that the store which is occupied by a cleanser is
worth $4,000.00.
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The Chairman said that Mr. Scott said something about
moving the building over some eight feet and if he did that,
he still could not use the old foundation. Mr. Steffian
said they could build on the front line foundation only. Mr.
Wrightington asked if Mr. Scott thought he could use a cess-
ool in the center of the Town. Mr. Scott said it cost him
700.00 to build a cesspool 17 or 18 years ago and the build-
ing shall connect with the sewer from the cesspool. Mr.
Greeley remarked to Mr. Scott that he spoke of the loss of
front footage as being $5.00 to $6.00 per foot. He said
that as he understood. it,the loss was not reckoned by the
number of feet but by the difference in the value of the
property before and after the taking. Mr. Scott said it
cost more per foot the less that was taken. Mr. Wrighting-
ton agreed that the damages were reckoned by the difference
in value before and after the taking.
Mr.'',Scott said that just establi.-shing the line back
25 feet pias worth $40,000.00. Mr. Steffian said that if
the fire station was not coming down, the stores facing
Emery Park would have to come down. The Chairman said a
Town Meeting today would never vote a sum of money that
it would have voted ten years ago. He said that the Town
was willing to cooperate in giving Mr. Scott a wider street
and land in the rear, also he is forcing the Town to con-
sider building a fire house when the cost is mucic more
than in ordinary times. He said he wanted him to under-
stand the things the Town had to contend with.
Mr. Steffian said that the Board should consider the
fact that the building there now brings in a certain tax
revenue and a new building will bring in much more. He
said that the buildings could be erected with the 25 foot
setback without taking the fire station at all by taking
the buildings down on the other side. Mr. Scott does not
want to do this. He said that the agreement drawn up in
1929 made the taking of the fire station optional. He
said it was worth a good deal to the Town to have a build-
ing of this sort here. The Chairman said he did not ques-
tion that.
The Chairman asked Mr. Scott if, when he said he
wanted $25,000.00 for a 25 foot taking, he meant that the
Town was to give him the fire station land also and he re-
plied in -the affirmative. Mr. Sarano asked what he would
expect the Town to pay if there was a 15 foot taking and
he didn't want the fire station land. Mr. Scott said he
would expect $20,000.00. He figir ed the value of the fire
house, land at $2,000.00.
The group retired with the exception of the members
of the Appropriation Committee, planning Board and Mr.
Wrightington.
The Chairman asked Mr. Greeley what he thought the
attitude of the Town would be if Mr. Scott was allowed to
56
Offer to
Scott
build on the present line. Mr. Greeley said that they
thought the construction of the two new routes -- Route
128 and the Lowell Turnpike, would reduce the traffic
through Lexington center a great deal so it might not be
very important. The Planning Board thinks it important
from the point of view of utility and eye however. He
said that the Planning Board would be satisfied with the 15
foot setback.
Mr. Greeley retired at 9525 P. M.
The Board disucssed the matter again and then summonsed
Messrs. Scott and Steffian at 9:55 P. M.
The Chairman told him that the Board was prepared to
make him an offer if he wanted to consider it and if he ac-
cepted it, would sign an agreement tonight which the Select-
rgen could take to the Town Meeting. He said that the Board
was willing to recommend to the Town a 15 foot setback,
the Town to keep the fire station where it is nop and to
pay him $lOvOOO.00. Mr. Scott said that he wished to re-
ject the offer. The Chairman told him that the Selectmen
thought he was wrong in refusing it. The Chairman said
that the Board could call a Town Meeting and Mr. Scott would
know whether or not it was going to establish a building
line, and if it was not established he could go ahead and
build on the present line. Mr. Steffian said that he thought
the 25 foot setback would be more acceptable to the Town in
general as it would keep a 100 foot street through the
center.
Messrs. Scott and Steffian retired at 10:00 P. M.
Chief Sullivan appeared before the Board.
The Chairman asked him to instruct his police officers
Stop bldg. to stop at all new buildings in Town to determine if they
with no had building permits. If a permit has not been issued, the
permits Chairman said that the officer should report to the Chief
who in turn would report to the Building Inspector. The
Chief said he would do this.
The Chairman asked the Chief if he had heard anything
on the two-way radio, and he said that he didn't.
The Chief retired at 10:05 P. M.
Mr. F. K. Johnson appeared before the Board.
The Chairman told him the Selectmen noticed a bill
Seat cover for $52.00 for two sets of seat covers for the police cars.
Police Dept He wondered why they were so expensive. Mr.Johnson said
that the front covering was made of the same material as
roadster tops and the sides were special. The Chairman
asked if the thought the Police Department needed these
or if the regular ones would do. Mr. Johnson said he
thought that the regular covers wouldn!t.do and that these
covers would last the life of the cars. The Chairman said
that they plan to keep the cars only a year anyway. Mr.
Johnson said they probably would be transferred to new cars.
•
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Messrs. Paxton and Wrightington appeared at 10:07
P. M. and retired at 10:30 P. M.
A letter was received from Malcolm Clifford, Vice
Chairman of the Auxiliary Police Corps, requesting that the
members of that unit be appointed Special Police.
Mr. Potter moved that these men be appointe Special
Police Officers for a period ending April 1, 1942. Mr.
Locke seconded the motion, and it was so voted.
I57
Aux. Pol.
app. as
Spec. Pol
Henry C. Cotton
123 Marrett Road
Malcolm R. Fuller
32 Independence Ave.
Robert A. MacAyeal
19 Highland Ave.
William J. Marshall
9 Independence Ave.
James F. McKinney
15 Oakland Ave.
'Vernon C. Page
12 Independence Ave.
Anthony Rochette
11 Pleasant St.
John Lamont
11 Spencer St.
David H. Eaton
668 Lowell St.
Russell B. Kelley
176 Woburn St.
Hugh Harold MacGilvray
12 Cary Street
Charles J, Martin
29 Farmcrest Ave.
Clarence E. McElman
30 Farmerest Ave.
Edwin F. Parker
9 Forest Street
Fred A. Valente
13 Sheridan St.
Samuel W. Wellington
Lawrence M. Butled
19 Sherman St.
24 Woodland Rd.
Stanley E. Chapin
17 Columbus St'.
Frank B. Custance
16 Bedford St.
Charles 0. Goodwin
12 Coolidge Ave.
David Govan
32 Woodland Rd
Henry Johnson
15 Bedford St.
William H. Lyon
20 Woodland Rd.
Sidney U. Robbins
69 Hancock St.
Cyril V. Seymour
11 Bedford St.
James Francis Mowat
27 Waltham St.
Edmund A. Webb
43 Hayes Ave.
Neil McIntosh
S Hancock Ave.
H. Stanley Cullington
11 Smith Ave.
Arthur W. Johnson
,
42 Baker Ave.
Clarence H. Macintosh
60 Chase Ave.
Clarence E. MacPhe®
14 Baker Ave.
William E. Maloney
289 Bedford St.
Louis Ruocco
28 Theresa Ave.
D. Miller Bestick
52 Reed St.
Ralph F. Dalrymple
199 Bedford St.
Fortis E. Hart
205 Wood St.
Hubert A. Meier
90 Gleason Rd.
Benjamin S. Nickerson
81 Gleason Rd.
Philip B. Parsons
18 Revere St.
Marren Pierce
9 Burlington St.
David Thomas McPeake
74 -Valley Rd.
Gerald C. Turner
9 Hillside Terrace
Joseph L. VanSteenburgh
45 Harding Road
I57
Aux. Pol.
app. as
Spec. Pol
David P. Wilson
91 Blake Rd.
Arnold P. Bradford
11 Cedar St.
Carl R. Arvidson
55 Kendall Rd.
William F. Boyle
251 Marrett Rd.
Thomas Brown-
456 Waltham St.
Glenn S. Cutter
577 Marrett Rd.
Caywood Greening
688 Marrett Rd.
Eleazer P. Greening
686 Marrett Rd.
Herbert L. Griffith
34 Cary Ave.
John A. Holm
228 Lincoln St.
George F. Taylor
424 Marrett Rd.
Allen W. Rucker
42 Somerset Rd.
Robert Whitney
Round Hill Rd.
George E. Foster
10 Plainfield St.
George Schwab, Jr.
578 Marrett Rd.
Irving A. Rich
37 Kendall Rd.
Ralph E. Cox
410 Waltham St,
William W. B. Sutton
847 Waltham St.
Andrew E. Hammarbeck
512 Waltham St.
David W. W. Dailey
147 Shade St.
William G. Rogerson
17 Homestead St,
Thomas Robinson
7 Hamblen St.
William Hawley
160 Cedar St.
Donald M. Guiler
11 Dexter Rd.
Kenneth W. Dow
55 Waltham St.
Henry P.• Meade
40 Woburn St.
Frank A. Cook
138 Lowell St.
Clifford M. Martin
6 Hillside Terr.
Arthur W. Richardson
1 Rockville Ave.
Richard E. Truesdell
5 Locust Ave.
Ernest R. Rowland
148 Lowell Street
Thomas J. Donnelly, Jr.
16 Smith Ave.
Michael T. Curran
24 Baker Ave.
T. D. Cunningham
21 Barnes Place
¢larence H. Conroy
3 Smit Road
John F. McKenna
81 Baker Ave.
David A. Brown
50 Rindge Ave.
Charles A. Finney
28 Albermarle Ave.
James.E. Collins
5 Curve St.
Mr. Paxton said that the directors of the Community Cheat
Use of wanted to use a conference room on July 16th.
Conf. Mr. Rowse moved that the room be granted free of
room charge. Mr. Locke seconded the motion, and it was so
voted.
Mr. Paxton said that the F.T.A. wanted to use Esta -
brook Hall on September 15th for an afternoon meeting.
Use of Mr. Potter moved that the use of the hall be granted
hall free of charge. Mr. Rowse seconded the motion, and it was
so voted.
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Mr. Paxton said that fire insurance in the amount of
$16,000.00 expires August 1st through the office of Robert
H. Mara.
Mr. Rowse moved that the policy be renewed for a period
of five -years with Mrs. Helen K. Fitzgerald, subject to Mr.
Paxton's approval of the company. Mr. Sarano seconded the
motion, and it was so voted.
Mr. Paxton said that the following policies were also
expiring:
Hubert D. Broderick $20,000.00 August 1st
Robert C. Merriam 10,400.00 it to
Geo. W. Taylor & Son 15,000.00 it It
Edwin B. Worthen 370000.00 .n n
Mr. Locke moved that all the above policies be renewed
through the same agents. Mr. Rowse seconded the motion, and
it was so voted.
Mr. Paxton said that on August 19th the automobile
liability policy expires.
Mr. Potter moved that the policy be renewed through the
office of Louis J. Reynolds, the premium to be divided as
follows: 2/5 to Louis J. Reynolds, 2/5 to Robert C. Merriam
and 1/5 to Mrs. Helen K. Fitzgerald.
Mr. Paxton said that two claims against the Town had
been presented. Standley T. Cobb of 40 Bloomfield Street
wrote Mr. Paxton stating that his windshidld had been broken
by a stone which flew when the sand spreader was being used.
Mr. Paxton said that this was possible but that the sand
spreader was less than 20 inches from the ground and such
a thing ordinarily would not happen. However, he would not
doubt Mr. Cobb's word. Mr. Cobb said the damages amounted
to $9.75.
Mr. Rowse moved that the bill of $9.75 be paid and
charged to Highway Maintenance a nd that Mr. Paxton secure
the usual release from Mr. Cobb. Mr. Locke seconded the
motion, and it was so voted.
Mr. Paxton said that a Mrs. Gates of Winchester claimed
that her car was scratched by one of the Town employees. He
checked up with the employee who said that he didn't know
that he damaged any car, but that it might have happened
without his knowing it. He was operating the compressor at
the time. Mr. Paxton told Mrs. Gates to present her claim
in writing, but he hadn't heard from her. No action was
taken on the matter.
Mr. Paxton said that Mr. Ross had investigated a new
machine which will test half a dozen 5/8 inch meters and
will test up to a 2 inch meter. At the present time any-
thing over a 5/8 inch meter has to be taken out of Town to
1W
Ins. Pol.
Auto. Liab
Ins.
Claim
Gates
claim
meter
tester
to be tested. The equipment Mr. Ross would like to buy
will cost about $275.00 and he has the money in his Water
Maintenance appropriation. It was decided to take no ac-
tion on the matter for awhile.
The Chairman said that there were bills totalling
$17.78 covering parts for Peter Canessa's equipment and
Odorless he wondered if Mr. Canessa should pay them. Mr. Paxton
cart bills said he thought that Mr. Canessa should pay for his own
parts and also buy any new equipment. It was decided to
refer the matter to Mr. Paxton for a study and recommend-
ation.
Mr. Paxton retired at 10:45 P. M.
A letter was received from the Registrars of Voters
stating that it was necessary to purchase a new glass for
Reg. Voters the bulletin board in Precinct Four and that their account
Bulletine Bd. was $1.65 short.
Glass Mr. Rowse moved that the Appropriation Committee be
requested to transfer this amount from the Reserve Fund.
Mr. Sarano seconded the motion, and it was so voted.
A letter was received from Mr. Angelo Delfino offer -
Offer to
Ing to pay the sum of $5.00 for Lot #77, Reed Street.
purchase
Mr. Potter moved that the offer be rejected because
land
of the Board's decision not to sell any land in this
area and because the offer was insufficient. Mr. Rowse
seconded the motion, and it was so voted.
A letter was received from Mr. Harold B. Lamont,
Chairman"of the Planning Division of the Committee on
Comm. on
Public Safety, saying that the sum of $150.00 was needed
Public
for the installation of an index system for the Committee
Safety req.
on Public Safety. The Clerk was instructed to tell the
for funds
Appropriation Committee that the Selectmen approved of
the purchase of this system provided the Appropriation
Committee felt that it could spare the money from the
Reserve Fund.
An application for a Guide's License was received
Guide
from Daniel A. Cronin, Jr. of Forest Street. A letter was
License
received from Mr. Worthen certifying that the boy had
passed an examination.
Mr. Potter moved that the license be granted. Mr.
Rowse seconded the motion, and it°:was so voted.
An application for an overhanging sign license was
Overhanging
received from Mr. Kyuacos Theodes, Viano Block.
sign
Mr. Sarano moved that the permit be granted subject
to the approval of the Building Inspector. Mr. Rowse
seconded the motion, and it was so voted.
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Applications for peddlers licenses were received from
Clifford F. Flack of 41 Outlook Drive and Robert Marcus of
217 Mass. Avenue.
Mr. Potter moved that the Board certify to the charac-
ter of both of these licenses. Mr. Locke seconded the
motion, and it was so voted.
The Chairman told the Board that Mr. David A. Rix had
not filed the agreement or bond required by the Subdivision
Regulations.
Mr. Potter moved that Mr. Rix's petition for the Board
of Survey approval of the plan 6f "Rix Court" running off
the westerly side of Waltham Street, approximately 150 feet
south of Marrett Road be denied inasmuch as the Subdivision
Regulations of the Town have not been complied with. Mr.
Rowse seconded the motion, and it was so voted.
The Chairman asked the Board what they thought the
policy of the Salary Committee should be. The Chairman
requested a complete list of all employees, date they came
to work, starting rate of pay, increases, etc. He raised
the question as to whether this committee was to study per-
sonalities or to study positions.
The Clerk said that she had mailed the Chairman a list
of the positions, together with the present rate of pay.
She was instructed to write J. Milton Brown, the Chairman,
and tell him to getdetailed information from the department
heads.
The record of the special meeting of July 11, 1941 was
read to the full Board by the Chairman. Mr. Rowse moved
that the action taken at the special meeting held July-llth
be approved. Mr. Locke seconded the motion, and it was so
voted.
The meeting adjourned at 10:30 P. M.
A true record, Attest:
.�
Clerk
J-61
Peddlers
licenses
Rix Court
plan de-
nied
Salary
committee