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HomeMy WebLinkAbout1941-08-270 SELECTMEN'S MEETING August 27, 1941 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Lexington on Wednesday, August 27, 1941 at 8:00 P. M. Notice of this meeting was given to the members of the Board by letter dated August 26, 1941. This letter was delivered by police dar. Chairman Giroux, Messrs. Rowse, and Sarano were pre- sent. The Clerk was also present. Messrs. George Scott, Nathan B. Bidwell, T. A. Cus- tance, Chester C. Steadman, Scott's attorney, and a Mr. Lawson appeared before the Board. Mr. Steadman said that Mr. Scott had received in the mail today a permit to demolish the Central House but had received no permit to build. He said that left him e. little bewildered. He said he supposed the Town was hold- ing up the permit in order to "trade with him". The Chair- man said that the group was well aware that the application for the permit to build was on the present building line. Mr. Steadman said that Mr. Scott had a right to do it and he could not apply for a permit on any other line. Mr. Rowse said he supposed Mr. Scott could apply for a permit anywhere. Mr. Steadman said he supposed he could answer that "yes". He said he should think that Mr. Scott could have a permit to put up a building on the existing and es- tablished line. The Chairman asked if Mr. Steadman would agree that the Building Inspector had a right to refuse such an application and Mr. Steadman said that he absolutely did not have a right if the plans and application were in the proper form. Mr. Steadman said that they wanted a permit. He expected they were going to have one. Mr. Steadman said they prefer to have it by pleasant dealings and that was the reason they were here tonight; to see what the Board wanted to do and what Mr. Scott was willing to do and to see if they could arrive at some fair understand- ing. The Chairman said that they were aware of that the Selectmen wanted to do. They want to establish a Build- ing Line 15 feet back from the present Line. Mr. Stead- man said he believed that was the substance of the state- ment made to Mr. Scott, and that the Board would expect the 15 foot setback in the front of the Scott property In exchange for the fire station land. The Chairman said that at the last discussion, Mr. Scott stated what he wanted and the Selectmen said that they would be willing to.recommend to the Town that the Town pay him 010,000. for the 15 foot setback. This would not include the fire station land. Scott n, Mr. Scottts figure was $18,000. and the fire house site and $20,000. without the fire station land. Mr. Bidwell said that the plans submitted would place the building into the present Massachusetts Avenue and this of course was impossible. The present Line was established by a County Taking in 1927. Massachusetts Avenue is a Chapter 90 road. Mr. Steadman asked if the Town needed 15 feet and the Chairman said that the Board was of the opinion that the 15 feet were essential. Mr. Rowse said that there was another angle to be considered. If Mr. Scott builds on the present Line, he will have to have parallel parking because of the bottle neck there. Mr. Steadman asked if the line upon which the damages were assessed to O'Connell jibed with the 15 foot setback proposed here, or if it would leave the O'Connell property sticking out in front. Mr. Rowse said that on the con- trary, O'Connell's property would be in the rear as there was a 25 foot taking there. The Chairman said that the Town would be put to a great difficulty if Mr. Scott had to have the fire station pro- perty because it would have the problem of having a tem- porary and'a new fire station. Mr. Steadman asked if it was absolutely necessary to remove the station.. The Chair- man said that at the time the Board was talking about this before, Mr.' Scott was going to do business with Chandler & Co. and they wanted to have the land in the rear for parking and wanted to be in the store by November. It was thought then that the fire station would be moved to the Barnes, property for temporary quarters and even that would cost 5,000. Mr. Steadman asked Mr. Scott if there was any provision made with the Chandler people for a de- ferment of the time they would want the land in the rear for parking or if they would have to have it immediately. Mr. Scott said that at first they wanted a 90 foot parking area and then they changed it to 100 feet. He then said that he would go to the Town and see if he could get the fire station land. Mr. Steadman asked if Chandler & Co. absolutely insisted, as part of the proposed contract, that they have the use of the fire station land immediately for parking and Mr. Scott replied in the affirmative. If there was no setback, they would not insist on it. The Chairman said that even if there was no setback, Chandler & Co. wanted ample space in the rear as they wanted to have show windows on the side and in the rear and also parking space in the rear. They were insistent upon it. They also made the statement that they wanted the 15 foot setback because they wanted it for parking purposes. Mr. Scott said he also wanted to straighten out the lines but the Chairman said that he thought it best to let this go until the more important matters were straightened out. Mr. Sarano retired at 8:35 P. M. Mr. Scott said that the land would be no good to him 0. without the fire station land. Mr. Scott and Mr. Steadman retired at 8:55 P. M. and returned at 9:12 P. M. Mr. Steadman informed the Board that Mr. Scott would not recede from his present proposition. Also, he insists that the plan submitted could be projected so as to meet the requirements of the Building Inspector and that his ap- plication be prosecuted. Mr. Rowse said that Mr. Scott looked doubtful when the Chairman said that his previous proposition was $18,000.00 and the fire station land and $20,000.00 without the fire station land. He asked if Mr. Scott remembered making that statement and Mr. Scott said that if he did, he didn't mean it. The records of the meeting held on July 14, 1941 were produced and the Chairman read that part pertaining to Mr. Scott's proposition. Mr. Scott said that he may have made the statements but that he didn't mean them. He said that he now wanted $18,000.00 and the fire station land if there was a 15 foot setback, and if there was a 25 foot setback, he wanted 125,000.00 and the fire station land. Mr. Stead- man asked Mr. Scott if he was interested in the matter if there was a 15 foot taking independently of the fire house land. Mr. Scott said that he wasn't. He said that he couldn't build with the taking unless he could have the fire house land. He said that he might lose Chandler & Co. now. Mr. Custance said that he thought that the matter should be presented to the Town Meeting for a decision. It was decided to ask the Board on Tuesday, September 2, 1941 if they wanted to submit the whole question to the Town. The Chairman told Mr. Steadman that if the Board voted to hold a Town Meeting it could not be held before September 22, 1941. Mr. Steadman and Mr. Scott said that this was all right with them. The Chairman asked him if it was his intention to pro- secute this matter. He said that he would if he was not given a permit. Mr. Scott had employed him to get a build- ing permit and he would bend every effort to do so. The Chairman asked Mr. Steadman if the. Board voted to go to the Town Meeting with the question and, if•for the sake of arugment, the Town agreed to pay Mr. Scott's price, it would be the thorough understanding that the Selectmen could tell the Town that Mr. Scott would actually go through and erect the new building. Mr. Steadman asked Mr. Scott to answer that. Mr. Scott said that that was his intention. He brought the Chandler people out here and if they were not interested, they would not have come out. Mr. Steadman told Mr. Scott that he thought the Board was entitled to a more definite answer than that. He asked Mr. Scott if he would go ahead and erect the new building regardless of whether or not Chandler & Co. entered into an agreement with him if the Town voted to pay his price. 0. 202 Mr. Scott said that he would not erect the same building if Chandler & Co. would not agree to take his store. He would change his plans. The Chairman said that he thought the vote to be passed at Town Meeting should be contingent on certain things; one being that no money would be paid until work was actually started by Mr. Scott. Mr. Stead - tan said that he thought that that was fair. The meeting adjourned at 10:20 P. M. A true record, Attest: Clerk • •