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HomeMy WebLinkAbout1965-12-06-min co 422 ct SELECTMEN'S MEETING December 6, 1965 ' A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 6, 1965, at 7:30 P.M. Chairman Cole, Messrs. Burnell, Cataldo, Sheldon and Mabee were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present. The Chairman reported he received a telephone call from the Chairman of the Lincoln Board of Select- men and was asked to take the lead in having the towns of Lincoln, Concord and Lexington consider the safety problem existing along Route 2. The Lincoln Board thinks the matter should be explored and Lexington should approach the problem and work with the Department of Route 2 Public Works to see if Route 2 can be made safer. Lincoln safety agrees to meet with the Board next Monday. meeting Mr. Cataldo informed the Board that the Town of Lincoln is having a controversy with the State Depart- ment of Public Works on the layout of the Route and is looking for assistance. He explained the proposed new route is going right through Lincoln Center. The Chairman said if the Board wxplores the matter it can find out what points of safety Lincoln has in mind. He said he would like to invite the Boards of Selectmen in Concord and Lincoln and their Chiefs of Police. The Board had no objection and it was agreed to make an appointment for 9:00 P.M. on Monday, December 13, 1965. Mr. Legro stated Mr. Gray had asked him to prepare two options regarding the Woburn Street school site, one for Modoono at the agreed price of $750. He said he had Modoono prepared the Exercise of Option. option Upon motion duly made and seconded, it was voted to adopt the Exercise of Option form prepared by Town Counsel. Upon motion duly made and seconded, it was voted to exercise the Option as prepared and submitted by Town Counsel. Mr. Legro said the other option related to the same site is from Walter F. Toomey and his wife at the agreed price of $600. Toomey Upon motion duly made and seconded, it was voted option to adopt the Exercise of Option form prepared by Town Counsel. Upon motion duly made and seconded, it was voted to exercise the Option as prepared and submitted by Town Counsel. 423 ' Letter received from Mr. Legro with reference to Chapter 727 of the Acts of 1965 was held over, and a copy mailed to each member of the Board. Mr. Legro said the question he was asking the Chap. 727 Board was whether it was proposingthis be put on the Acts of warrant for the 1966 Annual Town Neting. 1965 Mr. Sheldon asked what this would do to the duties of the Board of Retirement. Mr. Legro replied he thought the duties would be taken away from that Board. Mr. Legro said he thought the Selectmen should be aware of the situation if it is going to pt}t this in the warrant. He explained it is not mandatory that the Act be accepted. The Chairman said he would hold this over and dis- cuss it with Mr. Gray, Executive Assistant. The Chairman informed the Board he received a tele- phone call from Mr. Donald E, Nickerson who said he would persofally appreciate_it if the Board would hold its de- cision over with regard to the house at 572 Massachusetts Avenue, Mr. Mark Bortman, of the Park Commission, will 572 Mass. have a letter for the Board tomorrow asking if possible Avenue that something be done to preserve this house. He said he would be disposed to give him this courtesy. Mr. Legro said he had some notes he prepared for discussion with the Board. Mr. Sheldon asked if they could be mailed out, and Mr. Legro replied the notes are not prepared in that form. He explained what he tried to do was find some possibilities in the sketchn, rough draft of the proposed agreement pre- sented two weeks ago, but he did have some difficulties in that respect. He stated this was started with the premise that the Town's plan was to demolish the property and he felt if the Town could demolish it, it could make other similar plans. He said he felt if the transaction goes beyond that purpose of saving the demolition costs and involves substantial improvement of the property, the Board is no longer dealing with an alternative of demolish- ing for saving the Town money. It is then talking about the sale of substantial property and he thought that may exceed the authority of the Board to do. In his opinion, there was an agreement to sell the house itself without severing the land that is continuing to be real propetfty. He said it could not be taxed while it is in the owner- ship of the Town. He stated if the Board collects an amount in lieu of taxes it is in effect collecting rent, and over a period of time, it may be leasing it for more than five years which is prohibited by the statute. He said he thought the proposition that if the Emerson Road project is abandoned that the land would be conveyed to McGirr or he would have the opportunity to buy, it would be wholly Town Meeting action and something the Selectmen cannot do. The last paragraph provides that Mr. McGirr co 424 et CT' Alb may leave the house to his heirs. He could not devise or sell it as it is the property of the Town. The Chairman said the Board could not lease the house for more than five years and asked if it could, in on• swoop, lease it not exceeding five years, the lease not to be renewed, and that not later than the end of that time, the house would have to be moved. Within that time period, the Board, on giving six months' notice, could demand re- moval of the house. He asked if this was possible. Mr. egro replied that eliminates all the difficulties except the question of doing something different than the demolition of the property. He said the Board would be dealing with property of substantial value rather than something that should be demolished or moved from there. He said then the Board would be talking about the sale of a piece of property of substantial value annexed to realty. Mr. Cataldo said he thought the Board voted unani- mously it would not lease the house. The Chairman said he was just trying to find sone way to settler this. There are major problems and the Board is spending too much time on this. Mr. Cataldo said all the Board had to do was vote to tear the building down. He said the Board has spent six months now trying to find a smlution. Mr. Legro said he started out with the proposition if the Board was going to demolish it. He thought that was all right if the Board decided to do something other than that in the interest of saving money for the Town. The Chairman said the Board wanted it torn down because it considered the building an eyesore. If Emerson Road went through, it would have to be torn down. He said if the Board could get the house to cease being an eyesore and find some legal way within the statutes to lease, give it away with the restrictions that the Board could, by giving a certain amount of notice to get it out of there, he would consider it. Mr. Cataldo said Mr. McGirr has not said what he is going to pay for this house. Even if Mr. Legro could find a way, he would be against leasing it for $300 or $400 a year. This is not fair to the taxpayers. He said no one has talked to Mr. McGirr as yet and this has been discussed night after night. He said unless Mr. McGirr can get his yearly payment up to $1,000, he could not see this. The Chairman said Mr. Cataldo was saying the house is worth $20,000. Mr. Cataldo explained if Mr. McGirr were to buy the house and move it, the Board is saying him $10,000 to $14,000 investment, and this is worth something. Mr. Sheldon said the neat step, if the Board is going to take it, is to pursue what the Chairman outlined. He 11said Mr. McGirr may disagree and not wan* to pay anything in lieu of taxes on a five-year basis. 425 Mr. Cataldo said the Board voted it would not lease the building, and asked if it was going to rescind that vote and take a different approach. Mr. Sheldon said the Board voted under different con- ditions. Mr. Cataldo said before the Board wastes any more time, it should find exactly how much money Mr. McGirr will apy and what his intentions are. The Chairman asked if, in the interest of saving time, the Board would like him and Mr. Gray to discuss t his with Mr. Ripley and Mr. McGirr other than on the Board's time, to find out just what this man's intentions are. Mr. Sheldon said the Chairman should point out any agreement will be limited to five years. Mr. Legro pointed out even with the five-year lease and the provisions he would remove it, the Board is treating it differently than a demolition or some action to have the Town some money as an alternative. He said it would then be dealing with a piece of property of substantial value. He advised it is dealing with something beyond the question of whether the Board has the right to demolish something of no value and is a detriment to the Town. Mr. Sheldon said the value at the moment is nil and the then value would be contributed by the man. Mr. Legro advised that during that interval, the Town will have some obligations and expenses by way of insurance, possible maintenance and by way of reducing income of the property as it is then constituted. Mr. Cataldo said whatever is discussed shiuld be on the record so there will be no question with these people afterwards. The Chairman said Mr. Cataldo was suggesting that notes be taken. Mr. Sheldon said he thought the Chairman' s suggestion was gook, but he thought both parties should be alerted of the meeting. Mr. Douglas T. Ross, 33 Dawes Road, met with the Board relative to his proposal of $200 for an exchange of land. He said it was merely a question of clarifi- cation on the matter. He received a letter from Mr. Gray stating the Board had considered his offer of $200 and stating the Board would consider an offer of $300. Rosa ex- He asked why the Board felt it should be $300 when they change of had already discussed the figure of $200. land Mr. Sheldon explained part, or most of the differ- ence between the $200 and $300, is because the Board feels that the Town would have some legal expenses in this transaction, and it felt the extra $100 would take care of any legal expenses. He stated when the Board has done its part, the rest of the legal expenses would be his. Mr. Ross asked if it was necessary to have it actually laid out on the greund. co 426 oz ct ow Mr. Cataldo said that was correct, and these are the two areas the Board is concerned about. Mr. Mabee said the Board knew the Town would have to spend something and it estimated $100. Mr. Cataldo advised that the Town would receive nothing for the land. Mr. Legro explained there would have to be a plan filed. Mr. Ross said then there is paying for a field crew to go out and put bound stakes in the ground. Mr. Legro advised this may involve setting of bounds. Mr. Carroll explained the Land Court would say where it wants stone bounds placed, and this may possibly require some field work. Mr. Legro advised the Land Court will also say what it wants for plans. Mr. Ross asked if there was anything else involved. Mr. Legro explained there would be pro forma taxes required to be paid by statute. Mr. Ross asked if he would receive a rebate on the land to the Town. Mr. Legro replied he would only be paying one month's taxes. During the time he is the owner, he will be paying one month's taxes on the land he previously owned and he would be paying pro rata. There will be recording deeds and documentary stamps. It might be $14.00 on the two deeds and probably filing fees on the plan of $11.00 or $12.00. The Chairman asked if Mr. Ross had a complete under- standing. Mr. Ross said the Board did want the $300. The Chairman said that was correct. He asked if Mr. Ross understood the reason and he replied in the affirmative. The Chairman said the Board would take care of putting this in the warrant. Mr. Ross retired at 8:11 P.M. The Chairman read a letter from John M. Ingraham, 35 Hayes Lane, requesting deferment of a sewer better- ment assessment in the amount of $619.70. Ingraham Mr. Carroll submitted a plan, indicated Grant sewer Street, Mr. Ingraham's house, and a paper street between deferment the house and this particular lot. Upon motion duly made and seconded, it was voted, under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of $619.70, sewer better- ment assessment levied against Lot 47 Grant Street, owned by John M. Ingraham, without interest, until said land or any part thereof is built upon, sold or until the expiration of three years from the date hereof, whichever event occurs first; provided, however, that this extension of time shall terminate immediately if said land or any portion thereof is built upon or sold or the facilities of the sewer main used, at which time, the full amount becomes due. 427 The Chairman read a letter from John Litchfield, of the Bedford Refuse Disposal Study Committee, asking if the Town would be interested in allowing Bedford to jointly use the sanitary land fill area. Mr. Carroll said he was absolutely opposed to enter- ing any agreement with any other Town for the use of the Sanitary dump. Land Fill It was agreed to thank Mr. Litchfield for his interest area and advise him that it has been determined that the present sanitary land fill area will serve its purpose for a limited time only and therefore the Board is not interested in en- lanrging the dump facilities for other than for the needs of the citizens of Lexington. The Chairman read a letter from Donald H. Cohen, 26 Dane Rogd, asking if Mr. Carroll had contacted the Boston Edison ompany for lights on Dane Road and if so, when they would be installed. Mr. Carroll stated the lights have been ordered for Street quite a while, This location requires a pole that does lights not exist at the present time and he could not tell exactly when the lights would be installed, but it would be fairly soon. Notice as received from the Department of Publics Utilities relative to a hearing to be held at 100 Cambridge Street, New State Office Building, on January 11, 1966, at Hearing 10:30 A.M. as to the rates and charges of the New England Telephone and Telegraph Company. It was agreed that Mr. Gray should attend the hearing. Letter from Dr. Frank Davidoff, 19 Meriam Street, complaining about pigeons at the Boston & Maine Rail- Pigeons road station platform, was referred to the Board of Health. Governor Volpe' s letter relative to appointment of a Ration Board was held over. The Chairman reported he had been unable to contact Ration Mr. Abbott or Mr. Hoyt. He said if it was agreeable Board to the Board, he would again attempt to contact them and if they accept, he would send the names in. Letter from Allan R. Zenowitz, Director of the State Civil Defense Agency, with reference to a Continuity of Civil Government Plan, was referred to Mr. Burrell, Director Defense of Civil Defense, for a report. Letter was received from the Outdoor Advertising Agency advising that the Board of Commissioners has Adver- voted to approve Carriage Housets request for withdrawal tising of application for a permit to erect and maintain an ad- sign vertising sign on Route 128 in Lexington. A copy of the letter is to be sent to Mr. Legro. C.� 428 cz At the suggestion of the Chairman, Brewer & Lord's letter relative to Lexington insurance agents partici- Insurance pating in the commission on the Town business, was held over. Upon motion duly made and seconded, it was voted to conform to the rules and regulations of the Alcoholic Package Beverages Commission relative to the sale and delivery Goods Store of all alcoholic beverages on Christmas Day, Saturday, sales December 25, 1965, and New Year's Day, Saturday, January 1, 1966. The Chairman read a letter from Mrs. Edward E. Coye, Taft Ave. 53 Taft Avertuw, ingttirrialg aboutctwo; house-s 'to be erected lots on the lot between 52 Taft Avenue and 58 Taft Avenue without 150 foot frontage. Mr. Gray reported he had checked with the Building Inspector and the lots were laid out as legal lots several years ago and recorded, therefore, the building can be built on them. Upon motion duly made and seconded, it was voted Licenses to grant the following licenses : '' Lex. Motor Inn Common Victualler (renewal.) Hancock Market Bamboo Hut, Inc. The Old House Village Variety " Penguin Ice Cream "Shoppe ICr." 1! M Brewster's Food & cep r " Paul Durkin Taxi Driver Kenneth Edbauer " " Application for a Common Victualler License filed by the Lexington Motor Inn was held over. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meetings held on November 27 and 29. Upon motion duly made and seconded, it was voted Salary to appoint the followipg individuals to serve on the Study Salary Study Committee: Committee Lincoln P. Cole, Jr. , Chairman, Board of Selectmen Frank T. Parrish, Jr. , Chairman, Appropriation Committee Sidney B. Williams, Town Meeting Members Association W. Neil Chapman Milton Bretscher Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, Executive deliberating or voting on matters which, if make public, Session might affect the public security, the financial interest of the Town, or the reputation of any person. `1.29 Following discussion with Town Counsel pertaining to a claim, The 1775 Realty Trust, it was voted to resume the open meeting. The Chairman said the last order of business was the appointment of a Veterans' Agent and read through the applications, copies of which had been mailed to the Veterans' Board, filed by Curtis W. Purdy, 268 Lowell Street, Agent Robert E. Sharkey, 9 Hazel Street, Harold J. Foley, 11 Freemont Street, John T. McDonough, Jr. , 123 Grant Street, Richard L. Seegal, 34 Stimson Avenue, Jerome F. Garrity, 30 Garfield Street, Bernard J. Belcastro, Jr. , 177 Burlington Street, Thomas W. Connor , 273 Woburn Street, and Joseph S. Daly, 143 Washington Street , Arlington. The Chairman explained that some of the applicants had not stated shether they sere veterans and asked if the Board thought this should be cleared. Mr. Sheldon said he thought the Board should have a clear statement. The Chairman asked Mr. Gray to check all applicants to determine whether or not they are veterans. Mr. Cataldo said the Board should make a decision relative to Route 2, and the Chairman asked Mr. Gray to go down to the Planning Board and invite them up to the meeting. Mr. Cataldo reported on a meeting held with State representatives. The Planning Board arrived at the meeting at 9:05 P.M. Mr. Bryson said the Planning Board had been discussing this subject, and he submitted a plan entitled "Plan Route 2 Intersection ", and more or less agreed to use the State' s concept and get the best possible solution out of it, Route 2 Mr. Catlado said he would feel better going to the Bureau of Public Roads because in his own mind he would feel the Board had done everything possible to get the best solution for the Town. The Planning Board, as present, was unanimously in favor of the Town accepting what exists now. The Board of Selectmen was also unanimously in favor of the Town accepting the plan submitted this evening as it now exista. The Planning Board retired at 9:15 P.M. The Chairman mentioned giving the Town employees the Friday before Christmas off. Upon motion duly made and seconded, it was voted to give the departments, under the jurisdiction of the Board of Selectmen, Friday, December 24, 1965, off, the Employees same policy as previously established for the Police and Fire Departments to be followed. Mr. Mabee was recorded in opposition, being in favor of granting only half a day off. C�7 430 rr cu Upon motion duly made and seconded, it was voted to adjourn at 9:50 P.M. A true record, Attest: yr ' , ecta�ive lerkSelectm