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HomeMy WebLinkAbout1971-02-16-BOS-min 38 j SELECTMEN'S MEETING February 16, 1971 A regular meeting of the Board of Selectmen was held in the Bird Room, Cary Memorial Building, on Tuewday evening, February 16, 1971, at 7 30 p.m. Chairman Cataldo, Messrs Mabee, Kenney, Greeley and Bailey were present. Mr Legro, Town Counsel, Mr. O'Connell , Town Manager and Mrs. McCurdy, Executive Clerk, were also present. At the request of the Town Clerk, two jurors were drawn as follows Robert L. Burke 231 Marrett Road Jurors Morris W. Lindman 21 Robbins Road Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to locate one pole on Highland Avenue at Bloomfield Street. Notices of the hearing were sent to the petitioners, owners of the property as listed on the petitioners' plan, and also filed with the Town Engineer. Pole Mr Louis Pratt, representing the Boston Edison Company, and Mr. Highland Robert Dunn, representing the New England Telephone Company were pre- Avenue sent. Mr Pratt said that this is a request of the Town to move the pole back 2 feet. No one appearing in favor or in opposition, the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permis- sion to the Boaton Edison Company and the New England Telephone Company for the following location Highland Avenue, westerly side, at Bloomfield Street, One ( 1) pole (one existing JO pole to be removed) . Hearing was declared open upon petition of the Boston Edison Com- pany and the New England Telephone Company to locate one pole on Peach- tree Road Pole Notices of the hearing were sent to the petitioners, owners of the Peachtree property as listed on the petitioners' plan, and also filed with the Road Town Engineer Mr Louis Pratt, representing the Boston Edison Company, and Robert Dunn, representing the New England Telephone Company, were present. Mr. Dunn said that this petition is at the request of the State because they have reconstructed Woburn Street The Chairman asked if this is to be the permanent location of this pole and if Mr Dunn had talked with the people involved? 386 Mr Dunn replied that it is to be permanently located and the people have been notified. No one appeared in favor or in opposition The Board agreed to hold the decision until a report has been re- ceived from the Town Engineer Bicenten- Mr O'Connell informed the Board that Mrs. Ruth Morey, President nial of the Historical Society, had introduced him to Mr Rath, a member of the National Bicentennial Committee for this area. At Mrs Morey's request, I brought him up to date on our plans. Mr O'Connell informed the Board that plans for the demolition of the Central Block are going forward but at the request of the owner' s Center Insurance Company and the Department of Public Works, the permit has Block not been issued; the Insurance Company wants to inspect the building. The Chairman said that Mr. George Matheson came in to see me and their plans have not been completely formulated. It is my recommenda- tion to schedule a meeting with them to discuss the situation to see what their plans are and then what approach we should take in regard to the Center. They should have the benefit of the Board' s thinking even to the point of how they fill that foundation; it is important to us Mr Mabee asked if rezoning is necessary? The Chairman didn't think so The Board agreed to schedule a meeting with Mr Matheson within a week The Chairman read an invitation from the Lowell City Council Sub- County Committee on County Assessments to attend a Middlesex County Confer- Assess- ence at the Emerson School Auditorium, Concord, on Saturday, February ment 27, 1971, at 10-00 a.m. Mr Bailey is to attend the conference The Chairman read an invitation from the Arlington Board of MBTA Selectmen to attend a conference at the Arlington Town Hall to dis- cuss the proposed Alewife Rapid Transit Extension on February 24, 1971, at 8 00 p.m Chairman Cataldo is to attend the conference. Upon motion duly made and seconded, it was voted to approve the Minutes minutes of the Selectmen' s Meeting of February I, 1971 . Bow St. Upon motion duly made and seconded, it was voted to sign the Sidewalk Order for Construction of Sidewalk on Bow Street The Chairman read a letter from Attorney Frederick Conroy regard- Moore ing the 3 8* acres located on the easterly side of the B & M Railroad Land tracks near Brigham Road, owned by Mark Moore. The letter states that Mr. Moore requested Attorney Conroy to contact the Board to determine if there is a Town need for this property which would make a transfer to the Conservation Commission inappropriate 387 It was agreed that the Board has no objection to Attorney Conroy pur- suing the matter with the Conservation Commission; as of this time, the Board has no thoughts of using this land for any specific Town project. The Chairman informed the Board that nominations for Associate Mem- ber of the Historic Districts Commission have been received from the Associate Lexington Arts and Crafts Society-Albert T Pitt; Lexington Historical Member Society-Donald J Shaw; Cary Memorial Library Trustees-Mrs. Myrna Kaye. Historic Upon motion duly made and seconded, it was voted to appoint Albert Districts T. Pitt, 2361 Massachusetts Avenue, an Associate Member of the Historic Commission Districts Commission for a term expiring January I, 1973, to fill the unexpired term of Franklin C Hudson. The Chairman informed the Board that a notice has been received Middlesex from the County Commissioners of Lexington' s assessment of $25, 108. 19 County for the Middlesex County Hospital Hospital Upon motion duly made and seconded, it was voted to sign the follow- ing licenses Bi Woburn Street Corporation Lexinaton Cab Comnanv d.b.a. Minute Man Cab Taxi and Livery Taxi Reg No 4209 Taxi Reg No 2271 Licenses 4208 2269 4210 5305 Livery Reg No L35057 Livery Reg No L24511 No P67626 L35059 57379Y 57382Y L35060 P19706 57383Y L35061 tJ57950 58384Y L35058 The Chairman informed the Board that the Public Works Department had requested abatements of water bills but the explanations given by Water the DPW are questionable. Abatements The Board agreed to hold the request until a report is received from the Department of Public Works. Mr Greeley informed the Board that the Lexington Commission on Suburban Responsibility has received the resignation of Charles H Cole, representative of Town Meeting Members Association, Mr. Cole feels there is a possibility of conflict of interest as one of the primary purposes of LCSR is to foster low and moderate incoming housing under our new RH zone and he is the architect for the proposed RH rezoning just off LCSR Bedford Street. Resignation Upon motion duly made and seconded, it was voted to accept, with regret, the resignation of Charles H. Cole as a member of the Lexington Commission on Suburban Responsibility Mr. Greeley informed the Board that he and Mr. O'Connell had at-tended the Planning Board meeting on Meagherville and Hadley Road. Meagher- ville 388 Mr. Eric Clarke, member of the Planning Board, was present and dis- cussed Meagherville, He said that we propose that the area be divided in three, one being Conservation and that would go into Conservation at Town Meeting He showed a plan of the area to the Board and said we propose these for RH 15 acres with 100 units and 10 acres with 80 units It is our intention to recommend that Town Meeting rezone this area but not recommend construction; with the idea that rezoned it would become attractive enough for a developer to present plans along the lines for which it was intended Then the Board of Selectmen would firm up plans and come to Town Meeting Mr Greeley asked if they expect to present to Town Meeting two different motions for RH? Mr Clarke replied there would be two for RH and one for Conserva- tion The Chairman said I assume this is taking into consideration part of the land we haven't taken yet? Mr Clarke said that the school site was authorized years ago and we would not consider those lots. The Chairman asked if all tax titles are cleared? Mr Clarke didn't know. The Chairman asked if the Planning Board has taken into considera- tion where that cloverleaf would come out in relation to that land? We would be responsible for the land taking; should we be in a position to swap some of this land so we wouldn't have to pay damages? The ques- tion is, are we being premature? Mr Clarke said it is a kind of quid pro quo for the Golf Club He pointed out two areas, recreation areas, that are reserved with the possibility of crossing over the golf course from Cedar Street Mr. Greeley said it seems to me the question is you are asking whether the area shown as Conservation should be set aside for Conserva- tion or wisely wait until we design the access road to Route 128. Mr Clarke said we own the land, so transferring it to the Conser- vation Commission wouldn't put all the usual restrictions on the use. The Chairman said the Article specifically refers to Chapter 40, s 8C, so it would. Mr Clarke said, then, we should remove the language in the motion. The Chairman said, beyond that, where and how located - would that change the approach of the Planning Board because of access? Mr. Clarke didn't think so We feel a developer would not want to put the money and effort in plans. The Board of Selectmen may sell tax title lots without a Town Meeting vote The Chairman asked, do we want to take the step? If we don't have title to tax title lots and the owners come back and pay the taxes, we have to make the taking on RH zone Mr. Legro said it is such a large block; if we haven't foreclosed the rights of redemptions, they still exist and if not foreclosed, there is a lot of work involved. The Chairman said the only way is to make a taking of the whole area. I 389 Mr. Legro agreed. The Chairman said we need a plan of the whole area, file the order Of taking, and then we own it. Everyone has a different opinion on the status of this land The only thing we are sure of is, there have been no taxes paid to the Town Mr Legro said he had reservations on the Town making a taking of land for a private purpose to convey to someone else Mr. Clarke said that the Planning Board does not propose that the Town sell this land but long term lease to a developer. The Chairman asked, are you going to make the taking for these purposes? Mr. Clarke replied, no. The Chairman asked for what purpose would he take it? Mr Clarke replied, so we can own it. Mr Legro said he knew of no authority for the Town to buy it for the. purpose of conveying to a private person. Mr. Mabee asked Mr Legro what could the Planning Board do? Mr Legro replied they might ask for special legislation for other than public uses There is specific authority in the statute for the Housing Authority Mr Clarke asked if there were any other way to acquire title without taking it? Mr Legro said the means by which you acquire... On tax title land, the rights of which the redemption has been foreclosed. The Chairman said we are saying if this could be cleared up by a taking, the taking would have to be now Mr Greeley said figure out a way of foreclosing the right of re- demption and conveying without going through the taking Mr Legro added, and leave the developer the lesser problem of acquiring these lesser lots. The Chairman said the only way is to go in and make the taking, you would never get a developer to come in here without a clear title and we can't give it to him Make the taking and go to legislature and ask for a way to transfer Mr. Greeley said he had heard Mr Legro say he was not aware of a statute and he would like to know if Mr. Legro or someone else might look hard at this for a statute that might have been overlooked. Mr. Legro said he would be glad to search it further and would get help if he needed it Mr Greeley said the first step should be to find out whether there is legislation to do it. He thought there was one on arrested subdivisions on HUD and he would like to have it researched Mr Legro said that it would take a specific provision of the statute; he would be glad to research it Mr. Greeley thought the attitude of the Selectmen is, to change the zoning would make the damages more Mr Clarke said the problem is, we can't get action from this Board or any other Board Mr Kenney said if we vote to take the position we don't vote to change the zoning, I think the Planning Board has to look at this thing, too 390 Mr. Clarke said we don't want to convey or anything else; we just want to rezone. If we get rezoned, we are a long way down the track. The Chairman said that in the taking, we have to mention the actual purpose of the taking We should make the taking and ask for the legislation to convey the thing Mr Mabee said, especially, you don't rezone and then take. The Chairman said, you have problems. Hadley Road was discussed The Chairman didn't think there is any question that the Board understands that the Planning Board can require the construction of Hadley Road in the subdivision. Our position is, we would want to see the utilities looped, regardless of Hadley Road The Traffic Committee would like to see Hadley Road built, regardless. We would like to get this resolved. Mr Clarke didn't think it was a good way to get in; it woul6,:be better to go in over Green & White Mr Greeley said he had talked to Eric Lund, the chief negoti- ator, and he felt the value was arrived at by the developer losing 22 lots by this taking. Mr. Clarke said that Mr Lund said the developer would assume the cost of that road. Mr Greeley said that people who negotiated said it includes building a complete street across the subdivision if they so request, and the Planning Board is willing to request it. Hadley The Chairman said it is our feeling after the developer evaluates Road the cost of building Hadley Road vs. other accesses, he may, at that time, refuse to build Hadley Road because of the cost If we do nbt have a specific agreement stating that he has to build Hadley Road, regardless, if the Town desires it; it may end up in court and we may lose. I can't understand the Planning Board's objection to making the construction of Hadley Road, if the Town requested it, a condition of the agreement Mrs. Lois Brown, member of the Planning Board, answered because the Planning Board may not want it The Chairman said this is where the difference of opinion is, because it is my understanding that the Town Engineer and the Traffic Committee want the connection made regardless of access to this sub- division The Board feels that this condition should be inserted in the option Mr. Greeley said it was his impression the Planning Board would. prefer not to, if they get the access they won't Wouldn't you be willing to put in to build the rood if the Town so requests? Mr Mabee said that Stan Brown said he didn't see any problem and the fellow agreed to the option The Chairman said that every letter we get from Mr. Lund says they feel they have enough protection without it. Mr Clarke said he had never heard until just now that you have other reasons for Hadley Road. The Chairman said that Mr. McSweeney wants the utilities looped. Mr. Clarke asked, he doesn't care about the road? The answer was, yes, he does. The Chairman said there is no problem if these people are willing to think the Planning Board is on weak ground Mr. Lund hasn't con- vinced us Mr Greeley suggested sitting with the Traffic Committee The Chairman said we left it with Stan Brown that he and Mr Lund would meet with the developer and come back Mr. O'Connell said that in the discussion with the developer, he was to be willing to waive any claims as far as sewer easement and give us a release of damages and we want that documented Have the developer agree so that when the option comes through, he wonIt be surprised. Mrs Brown asked if we are talking about the option that Stan Brown, Mr. Lund and all agreed on? Mr Mabee replied, yes, that the road will be built and the util- ities looped Mrs Lois Brown and Mr Eric Clarke retired from the meeting. Upon motion duly made and seconded, it was voted to go into Exe- cutive Session for the purpose of discussing, deliberating or voting Executive on matters which, if made public, might adversely affect the public Sess"ion security, the financial interests of the Town or the reputation of a person After discussion of matters of financial interest to the Town, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10.25 p.m. A true record, Attest jitj Executive Clerk, Selectmen r