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HomeMy WebLinkAbout1964-01-29-min 14 aa`, tz- SELECTMEN'S MEETING 111 Streets January 29, 1964 The Board of Selectmen held a hearing in Estabrook Hall, Cary Memorial Building, on Wednesday, January 29, 1964, at 8:00 P.M. Chairman Cole, Mr. Burnell, Mr. Robert Higgins, Assistant Town Engineer, and Miss Murray, Executive Clerk, were present. The Chairman called the hearing to order and intro- duced Mr. Higgins. He explained that the hearings are held for the purpose of making dnd establishing layouts of the streets to be presented to the Annual Town Meeting in March for acceptance. He also ex- plained that notices of the Board 's intention to pass orders for theextensions, layouts, and relocations, if any, were served by Constable to all property owners as they appear on the most recent tax list. He said each property owner would be given an opportunity to see the plans and to register opposition or favor if he or she so desired. He emphasized the fact that the final decision as to whether or not the streets would be accepted would be made by the Town Meeting Members. The first street taken up was Bryant Road from well Street a distance of 1900 feet, more or less, to beyond Page Road. Mr. Richard S. Bailey, 15 Bryant Road, asked the Bryant meaning of thewords "beyond Page Road". Road Mr. Higgins explained that it goes to the end of the pavement now. Mr. Bailey asked if it was the intent to put a turn- around there. Mr. Higgins replied in the negative. He explained that Emerson and Bryant have been approved by the Planning Board and will be built and connected to each other but that is not within the scope of this acceptance. The Chairman explained Bryant Road is a subdivision street and was constructed according to the Town's specifications and upon acceptance, it then becomes a Town way Mr. Bailey said most of his objection for this be- coming a through way is that it will be used to by-pass the lights at Maple and Lowell Streets . He does not want to see it a raceway. 1 75 The Chairman said this would not have any bearing on whether the street is accepted or not . Mr.Harold B. Beal, 22 Bryant Road, asked what would happen as far as maintenance if this road were not accepted. The Chairman replied that the road would still be plowed and sanded but the sand would not be swept up. Mr.Higgins said the Town would have no interest in the maintenance. The people would theoretically own to the middle of the street and the people would have to maintain the street. If there was a hole, the people would have to fix it . Mr. Beal asked if there would be any charge, and the Chairman replied in the negative . Mr . Beal said if the street is not voted in, then the burden of maintenance falls on the people, yet as, taxpayers, there will be no reduction in the taxes . He asked what the chances were for the street being accepted. The Chairman replied that normally the streets go through Town Meeting. No one else wished to be recorded in favor or in opposition, and the hearing was closed. Hearing was declared open upon notice of intention to lay out Fairbanks xoad from Shade Street a distance of 2,517 feet, more or less, easterly, southerly, easterly, and northerly to Tufts Road. Fairbanks No one wished to be recorded in favor or in oppo- Road sition and the hearing way closed. Hearing was declared open upon notice of intention to lay out Fessenden Way from Rolfe Road a distance of 990 feet, more or less, easterly to Marshall Road. Fessenden Mr. Robert W. Trenn, 7 Fessenden Way, said he was Way strongly in favor of having the road accepted and asked if the police cars would then patrol the road more often. The Chairman explained that he would be entitled to the same service and was entitled to police pro- tection whether on a private or public street. Noone else wished to be recorded in favor or in opposition, and the hearing was closed. Hearing was declared open upon notice of intention to lay out Marshall Road from Woburn Street a distance Marshall of 830 feet, more or less, northerly. Road No one wished to be recorded in favor or in oppo- sition, and the hearing was closed . is Ct" Hearing wan declared open upon notice of intention Mill Brook to lay out Mill Brook Road from 210 feet, more or less, Road southeasterly of Suzanne Road to 24.0 feet, more or less, northwesterly of Suzanne Road. No one wished to be recorded in favor or in oppo- sition, and the hearing was closed. Hearing was declared open upon notice of intention to lay out Page Road from Bryant Road a distance of Page Road 895 feet, more or less, easterly and northerly. No one wished to be recorded in favor or in op- position, and the hearing was closed Hearing was declared open upon notice of intention to lay out Phinney Road from Tufts Road a distance of Phinney 628 feet, more or less, westerly and southerly Road No one wished to be recorded in favor or in op- position and the hearing was closed. Hearing wan declared open upon notice of intention to lay out Rolfe Road from Woburn Street a distance of Rolfe 440 feet, more or less, northerly to Fessenden Way. Road No one wished to be recorded in favor or in op- position and the hearing was closed. Hearing was declared open upon notice of intention to lay out Sanderson Road from Bryant Road a distance Somierson of 453 feet, more or less, and 670 feet, more or less, Road northerly. Mr. Joseph Grobel, 28Sanderson Road, said one end is supposed to be a deadend with eventually a turnabout. He said the other end will be continued some future Page time down to Page Road, and asked what happens when it Road is accepted. The Chairman said it would be either under sub- division control or under betterment . If it is con- structed under subdividion control, the contractor would build the street according to Town specifications Mr. Grobel said if nothing is done, it will remain the way it is now, and the Chairman said that was correct Mr. Grobel asked what would happen if sidewalks are put in on the other side of the street . The Chairman replied thtit if sidewalks are built, there will be assessments. He explained that usually sidewalks are built upon petition of the people on the street, but are sometimes built by the Town as a safety measure. He also explained that Where there is a side- walk on one side, there would not be one built on the other side. No one else wished to be recorded in favor or in opposition and the hearing was closed. Rogers * Heating was declared open upon notice of intention Road to lay out Rogers Road from Ressenden Way a distance of 375 feet, more or less, northerly. No one wished to be recorded in favor or in- opposition and the hearing was closed. P Hearing was declared open upon notice of intention to lay out Suzanne Road from Mill Brook Road a distance Suzanne of 667 feet, more or less, northerly and westerly Road No one wished to be recorded in favor or in oppo- sition and the hearing was closed. Hearing was declared open upon notice of intention to lay out Tufts Road from Marrett Road 4 distance of Tufts 2,473 feet, more or less, southerly to Fairbanks Road Road No one wished to be recorded in favor or in op- position, and the hearing was closed. Hearing was declared open upon notice of intention to lay out Albemarle Avenue from Melrose Avenue a dis- tance of 830 feet, more or less, northerly to Rawson Albemarle Avenue . Avenue The Chairman explained that Albemarle Avenue is one of the streets to be built under betterments which is different than the subdivision streets which were built in the proper form acceptable to the Town and no additional cost to the abutters. He said that the streets taken up from here on would be those where the abutters do pay for the construction No one wished to be recorded in opposition and the hearing was closed. Hearing was declared open upon notice of intention to lay out Blake Road from Burlington Street a distance of 615 feet, more or less , northerly to Nowers Road. Blake Road Mr . Fred E. Hersom, Jr . , 30 Blake Road, asked how the decision to lay out Blake Road was reached, and if it was conventional to have a petition. The Chairman said that was one method Mr. Hersom said then there was no petition, and the Chairman stated he did not say that and there was originally a petition. He explained that the section under consideration had a separate petition. The other one was not returned. Mr. Hersom asked who signed the petition and Mr. Higgins replied that the correspondence was with Mrs. Morey. The Chairman stated that the names on the legal petition for theroad contains the name of every abutter. Mr. Hersom asked who signed it and said there could not have been very many. The Chairman read off the names of Mark Moore, Jr., Ruth Morey, Wagner, Hulk and Mrs. Powell. Mr. Hersom asked why he did not see the petition since he will be affected. He said he would like to ' know who started it . 78 ael CC" The Chairman said that as he recalled it, W. Hersom's name was on a separate petition in opposition. His name does appear on this petition, but he did not sign it Mr. Hersom asked if that wasn't a little irregular as he never heard anything about it until he received a notice from the Selectmen. The Chairman said this is a fdlow-up action to the original petition. Mr. Hersom said he most certainly wished to be re- corded in opposition. Mr. John E. Nickles, 54 Blake Road, asked if laying out the road meant that it would be paved. The Chairman replied in the affirmative . Mr. Nickels said he was opposed because the traffic will be increased. Now the road is in bad shape and a very few drivers will attempt to negotiate it. His children and maty of the children in the neighborhood play in Blake Road and he did not want to see them killed which would happen if the road is built. Mr. William L. Nussbum, 36 Blake Road, said he was opposed to these 615 feet to the lower end con- necting at Burlington Street being paved for more or less the same reaenns that Mr Nickles pointed out. He said, while he is not an abutter, he is opposed Mr. Allen M. Mintz, 51 Blake Road, said "he" said what Mr.Mintz would have said Mr. Bryant Emerson, 39 Blake Road, not an abutter, said he was also opposed for the same reasons . Mr. Harold E. Stevens, attorney of Lexington, re- presenting Mrs Goldie E. Powell end Robert J. Hulk, said it was surprising to him to hear the opposition because if we were to follow the theory applied he assumed there would be no paved streets in the sown. He said he understood the streets are for theconvenienee of the traveling public and there was no theory that you lived in an area where you did not want traffic or lived on a street you don't want paved or have your neighbors have it paved Mr. Stevens said the abutters have a right to pave the street and if it were not laid out as a Town way and this land on both sides was laid out by the amae owner it could be developed by the owner paving it and the result, as far as paving the road, would be exactly the same. He said Miss Powell and Mr. Hulk own all one side and these others who signed the petition live on the other side, and it would not be fair for those on either side to be required to build a rod Mr. Stevens said those who circulated the petition, and he was not one of them, had no intention of over- looking Mr. Hersom. He said he was told that Mr. 79 Hersom refused to sign. If there was a misunderstanding, Mr. Hersom could sign it now, but since he is opposed, it would not be a fruitful request Mr. Stevens said Miss Powell and Mr.Hulk are in favor of laying out this road . Mr. Wilbur C. Nylander said he was appearing for Mr. Mark Moore, Jr . , owner of one parcel abutting on this portion of the street to be accepted, and he is in favor. Mr Alan C. Wagner, 24 Blake Road, was recorded in favor. Mrs . Ruth Morey, 90 North Hancock Street, said her land faces on Blake Road. She stated that a recent Act passed in 1958 stopped the issuance of building permits on an unaccepted street. All the owners up this street had houses built before this law was passed. Unless the street is constructed, no house can be built on the land and it is not fair to keep it unbuildable . Mr. Hersom said some years ago, a petition was circu- lated and he signed to have the street improved. At that time, there were two chief objectors ; one was Mrs.Morey and the other was the clients of Mr. Stevens . He said now the people who signed the petition, Mr . Stevens ' clients, have no interest, having disposed of the land to Mr. Moore. He said he could not see where they have any inteit in it . He said he did not know if they owned the land or not , but it is proposed that Mr . Moore will erect houses on it . He said his point is that neither Mr. Stevens nor his clients have interest except as a matter of sale. Mr . Stevens said he would like to know where Mr. Hersom obtained his facts . He said it is a little dis- quieting to have someone appear at a public hearing and make such statements . He explained that Mr. Hulk and Miss Powell own this land . There has been no agreement entered into to sell it to Mr. Moore, or any other person. Mr. Moore has talked to him and to them, and he has told him the land will be sold later on: Miss Powell is in the hospital and it is necessary for her tohave funds . This is no longer a farm. She used to have cows and hens, but it has been built up so that it is no longer approved He said the land must be sold, they are the owners and they have signed the petition in good faith, but there was no arrangement with anyone as tothe subsequent purchase of any of the land. Mr. Nickles said the motivation has been for the profit and asked what was more important, the injury to a certain number of children or to a certain number of builders . 80 Mrs. Morey said when the petition was in order to be passed around, Mr. Hersom's opposition had already been delivered to the Town Offices, and therefore, the petition was not taken to his house. Mr. Nussbum asked who initiated the petition for Blake Road. Mr. Higins replied Mrs. Morey, Mr. Wagner questioned what would be done in the future with the remainder of the road from Nowers to Boulder and asked if it would always be an unfinished section. He said it would seem to him the Town would automatically go through and it should at least go up to Henderson Road. No one else wishing to speak in favor or in op- position, the hearing was closed Nearing was declared open upon notice of intention to lay out Dunham Street from Utica Street a distance of 473 feet, more or less, easterly. Mr. Robert Trebino said he was representing his ' Dunham father Stephen Trebino, (83 Spring Street ) , and asked Street if there was any petition in opposition. The Chairman replied he had not seen any petition but he believed there was opposition. Mr. Trebino asked if this was for water, sewer and street . The Chairman explained that the hearing is concerned with the street only. Mr.Trebino said thre is a 2" water main there now and asked if this would be changed. Mr. Hig ins explained that if the street does go through Town Meeting, and is built, the Department of Public Works intends to replace the 2" water main with a 6" water main the entire length of the street. Mr. Carl G. Hooks, 19 Utica Street, said he has more frontage on Dunham Street, on which he does not live, because he has a corner lot. He said he was retired, living on a limited income, and it is the matter of assessments that bothers him more than any- one else. He said the street is not bad, as he has poured oil on the street because of dust and filled in the holes. He said Mr. DiRocco has a house which he rents, and it will be to his advantage to have the street paved He said he does not feel he can afford it and has more frontage on Dunham Street than all the other abutters together; that is the reason he is op— posed. Mrs. Gladys M. Hooks was recorded in opposition for the same reasons. Mr. Redman said she was representing Mrs. Lena Bacigalupo, 17 Utica Street, said they paid for Utica 81 Street when it was paved and they do not want to pay twice. The Chairman said the lot is an odd-shaped one with a narrow corridor about 20 feet and the main portion of the lot is on Dunham Street Mr. Trebino said he holds a two foot buffer strip between their property and the street which he does not intend to give up. The Chairman explained that the Town intends to take it . Mr. Anthony .,DiRocoo, 8 Dunham Street, was recorded in favor. Mr . Richard Lupo, 9 Dunham Street, was recorded in favor. He said realizing the rights of other people in the street, he felt that if the Town was to go along and feel it did impose a hardship on the minority, nothing would be done in the Town and the Town would not progress. He said last year he had to have his car timed out and he wished to be recorded as being in favor. No one else wished to speak in favor or in opposition and the hearing was declared closed. Hearing was declared open upon notice of intention to lay out Rowers Road from Henderson Road a distance of 625 feet, more or less, southerly and southwesterly to Blake Road. Nowers 1 II Mr. Boyd Robinson, 8 Nowers Road, asked if there Road was a petition circulated for this project and the Chairman replied that there was a petition. Mr. Robinson asked if it was more recent than last summer, and the Chairman replied that it was last summer. Mrs. Clara Sanborn, 32 Burlington Street, said she owns land on Nowers Road. She akked if living on Burlington Street and having paid an assessment on that street would she have to pay for land she owns on Mowers Road. She said she owns land on Mowers Road, down Blake to Burlington. Mr. Higgins explained an assessment is put on a lot which is buildable. If she has one lot on one street that is buildable and another lot on another street that is a buildable lot, both lots are assessed. He explained further that on corner lots the owner is liable for the longer frontage only. Mr. T. J hn Johnson, 9 Mowers Road, asked if one lived on a corner lot, and then Nowers Road goes in and the owner votes in favor of it, can he do that being connected to the sewer on the other corner. The Chairman said he could see nothing to bar him from being in favor He explained that the Board does IInot assess people twice, but they do assess them for 2 Ie the longer frontage. Mr. Johnson asked if they would have a vote and asked if the majority of the people on Nowers Road wanted it accepted. Mr. Higgins explained that the people on the corner lots have a right to vote, but their signature on the petition does not receive the same consideration as those who have all their land on the road. He said that the Selectmen consider each owner who has signed, each lot signed for, and each assessment signed for. He said the general interest of the public is also con- sidered. Mr. Philip H. Slade, 6 Nowers Road, said quite a portion of his front land will be lost when the street is built The Chairman said the actual taking will take everything he is going to lose. It might appear that he has some more land after the taking because he might maintain his lawn out to the pavement Mr. Slade said his land slopes to the street and there will be a three or four foot drop. The Chairman said since he has been on the Board, as far as he kn , all abutters have been satisfied with the way their land has been left . Mr. John B. Cody, 9 Nowers Road, asked how the assessments are calculated and if this was for sewers and streets. The Chairman replied that the streets are assessed at $10.00 per foot of frontage and this is a street hearing only. Mr. John M. Denison, 8 Henderson Road, asked if it wasn't true that streets are not built without sewers and drains. He said he thought this was manda- tory The Chairman explained that in subdivisions, the Town requires the builder to do certain things . One of thegentlemen who spoke before, but did not give his name this time, asked if this layout included pavement and sewer. The Chairman explained that this is just pavement and this hearing is concerned only with construction of Nowers Road. However, the sewer is to be installed in Nowers Road but it is not included in the $10.00 per foot. He said the $5,000 is the cost of the street that is apportioned and the total cost is around $12,000. Mrs. Clara A. Sanborn, 32 Burlington Stret, wished to be recorded in opposition. Mr. and Mrs . Philip Slade, 6 Nowers Road, were re- corded in favor. Mr. and Mrs. Richard Townsend, 7 Nowers Road, were recorded in favor. 83 One of the gentlemen who spoke before, but did not give his name again, said bbout four or five years ago, he was in favor of this, but several of his neighbors did not want it and he forgot about it In the mean- time, his cesspool was so bad he had to have a new one. Now he is opposed to this. He said he would lose four or five trees and his taxes are four times what they were when he moved here eight years ago . Mr. and Mrs. T. John Johnson, 9 Nowers Road, were recorded in opposition. Mr. and Mrs . John M. Denison, 8 Henderson Road, were recorded in favor. No one else wished to be heard in favor or in op- position, and the hearing was closed. Hearing was declared open upon notice of intention to la out Sullivan Street from Winter Street a distance of 348feet, more or less, westerly. No one wished to be recorded in favor or in op- position, and the hearing was closed. Hearing was declared open upon notice of intention to alter and relocate Skyview Road at Rangeway. Skyview Mr. Mitchell Bezreh, 32 Skyview Road, said the stakes Road were placed to show the intended alteration. He said he did not have an opportunity to see them until this evening. He is opposed to the way they are set out . He said the reason he brought this road to the Town's attention was that he was unable to stop the erosion on the corner. He said he thought there would be some curbing, and the way the plans look now, a lot of his property will be taken. He said he did not think the Town needs such a curve, and the erosion will be a greater problem than he originally had. He said perhaps some other layout could be worked out, and he is opposed to the present layout. The Chairman asked if the only thing he was objecting to was the manner in which it is being done. Mr. Bezreh said he requested that something be done but for the present, he was neutral. No one wished to be heard in favor or in opposition and the hearing was declared closed. The meeting adjourned at 9:03 P.M. A true record, Attest : =cu• ve erk, (Selecti UUU o t't,