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HomeMy WebLinkAbout1941-07-14Scott pro- posed Bldg. Line 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. 1 5 • 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. �J 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. �J 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. • • 0 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. • is 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. 0 • • • • • 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