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HomeMy WebLinkAbout1963-10-07-min 519 SELECTMEN' S MEETING October 7, 1963 A regular meeting of the °oard of Selectmen was held in the Selectmeiis Room, Town Office Building, on Monday, October 7, 1963, at 7 :30 P.M. Chairman Cole, Messrs Brown, Burnell, Cataldo and Sheldon were present . Mr. Legro, Town Counsel, Mr . Gray, Executve Assistant, Mr. Carroll, Superintendent of Pubiic Works, and Miss Murray, Executive Clerk, were also present. Mr. Legro stated that he had a deed, sent to him by Mr.Stevens , to cdnvey lot 72 on Tower Road, a tax title lot , pursuant to a vote of the Board in July, Tax title 1956. He explained there had been considerable diffi- culty with this The Town registered it in the land registry side instead of the registry side and the Land Court also mf-de a mistake In the vote of the Board, the restrictions were th"t no building was to be erected on the lot and the deed has been drawn sub- ject to restriction that this lot and the lot adjoin- ing it be combined as one lot for building purposes . Upon motion duly made anu seconded, it was voted to execute the deed conveying tax title lot 72 on Tower Ro d to John A. Collins , 35 Tower Road. Further consideration was given to Mr. Bellizia 's request to nurchase tax title property and to the letter of September 20, 1963 received from the Planning Board. Tax title Mr. Legro said the principal question in this matter is whether the area under discussion can effect- ively be conveyed in any manner so as to carry out the intent and purposes of the Planning Board and the Board of Selectmen. He said if he understood this correctly, Lot B is the locus consisting of tax title lots, but they are interspersed with privately owned lands . If the Town makes the takin€ for school or recreation pur- poses knowing it does not need all of that land and intending to lease it for private use , or previous to the taking; agrees to lease, then the taking will not be valid. Mr. Bheldon asked what would happen if this were taken for a school site lot and then the School Sites Committee decided the land was not desirable or needed, and asked if it was not a matter of intent 520 C Mr. Legro replied that it would be a matter of fact. Mr. Brown asked if a vote of a Town Meeting could change it. Mr. Legro replied in the negative and explained that in order to have a taking, there would have to be authority from the Town anyway. He said the Town could not authorize a taking for private purposes It can authorize a taking for public purposes and if there turns out to be an excesssof land, or a portion of land not needed, the Board can, by vote of the Town, convey those lands . Mr . Sheldon said that was the answer Mr. Cataldo asked what Mr. Bellizia's original request was and said perhaps he had made arrangements concerning the other lots Mr. Brown said Mr . Bellizia has some arrangement made and the Lexington Golf Club has talked about them. Mr. Cataldo suggested that the Board concern itself with just the tax title lots if Mr Bellizia has already made arrangements for the remaining portion The Chairman said he thought the only action would be for the board, if it agrees, to lease the land under its control with the proviso that the golf club acquire the other land Mr. Legro said under those circumstances he thought the Board should go to Town Meeting first, talking only about leasing the tax title lots Mr. Cataldo said the lots should not be taken if it is known they will not be needed Mr. Burnell asked if it would be fair to lease these properties leaving privately owned lots in the middle of the area The Chairman said they would not be leased until it was- certain the club had title to the other lots . Mr. Sheldon suggested that the first action would be to obtain permission from the Town to deal with the land the Town now owns Mr. Legro said he thought the Board might want to find out whether dealing with that part of the land consisting of tax title lots would satisfy the Planning Board. Mr. Alfred P. 2ropeanol attorney for the Vine Brook Realty Trust, met with the Board at 7 :45 P.M relative to a street betterment assessment levied against property 'Street of the Trust and located on Winthrop Road Betterment He presented a plan and indicated land owned by the Trust, and also pointed out the frontage on Winthrop Road . He indicated the area upon which no building could be erected because of a sewer easement Mr. Carroll stated if this was taken as a psrcel itself, there is no question that it is not bettered However, Colonial Acres have land which could be com- bined, making a buildable lot . Mr. Tropeano stated from an economic and practical view, it could not be done. The Chairman said the Board would take the matter under advisement . Mr. Tropeano retired at 7:53 P.M Mr. Carroll said, under the circumstances, he did not feel the lot had been bettered by the construction of the street. Upon motion duly made an seconded, it was voted to abate the street betterment assessment levied against the land owned by the Vine Brook Realty Trust and located on Winthrop Road Mr. Carroll reported that two bids were received for the construction of an addition to the existing equipment and lavatory building on Park Drive. The Bid low bidder was Louis Tropeano, $2,550, and the other bidder was Martin Casby, $3,100 Upon motion duly made and seconded, it was voted II to award the contract to Louis Tropeano. Mr. Carroll reported on bids opened for sidewalk construction work Sidewalk Upon motion duly made and seconded, it was voted bids to award the contract to the low bidder, Belli Bros ., at the bid price of $16, 323 00 Mr. Carroll reported on bids opened for the Wood- haven Trunk Sewer, and explained he could only report because the Federal Government is involved. The low Trunk sewer bidder was C. DiMartino & Sons, Inc . with a base bid bids of $!73,806 40, alternala ##2, $478,724.60 and alter- nate #3, $73,857.50. Mr. Carroll stated that there are insufficient funds, and if he had an additional $30,000, the pro- ject could go all the way to Kennecott He recom- mended that this amount be appropriated at the Special Town Meeting and explained that by appropri- ating $30,000, the Town would be able to take ad- vantage of the 30% Federal Aid proposition. It was the sense of the Beata that an article should be inserted in the warrant for the Special Town Meeting requesting an additional appropriation of $30,000. 1 522 3c C=; Mr. Carroll referred to petition received for the construction of Fairview Avenue and Hayward Avenue, which he read to the Board, and explained he was bringing the subject to the Board 's attention because the Public Works Department is in the process of making a formal petition to be sent out. Before sending them out, he wanted to explain the situation which is unique due to its nearness to the National Historical Park. He explained the problem by use of a plan. Mr. Burnell said he thought the Board would not want to become involved with anything so near being taken for the Park Mr. Brown stated that it is possible a further taking may be made. Mr. Carroll said perhaps he should send the peti- tion out . Mr. Cataldo suggested contacting Mr Donald E. Nickerson who is the liaison. Mr. Carroll said if definite information could be obtained from the Park, that it would be the thing. Mr. Sheldon suggested that Mr. Carroll see Mr Nickerson. Letter was received from Stanley H. Gelles, 30 Turning Mill Road, requesting permission to connect the outlet pipe of the sump pump now in his basement to the storm sewer in front of his house Connection The Chairman asked if it would be all right for to storm Mr. Galles to connect to the drain, and Mr. Carroll drain replied in the affirmative He said the Board has not refused similar requests when the people were having trouble. Upon motion duly made and seconded, it was voted to grant Mr. Gelles ' request Letter was received from Mrs . Louis Carota, 24 Tarbell Avenue, requesting abatement of a street betterment assessment in the amount of $600. Mr. Carroll presented a plan and indicated the Street two lots, 144 and 145, acquired from the Town, with betterment the understanding they could not be built upon. He explained the Board had voted to abate the sewer betterment assessment because the house was already serviced by the existing sewer and existing water. He did not think this applied in this instance as the street services the entire lot, the whole 150 foot frontage and he thought the assessment was valid The Chairman asked if Mr. Carroll thought the request for an abatement should be granted, and he replied in the negative . 52 Mr. Cataldo asked if all the other houses were assessed on the front foot, and Mr. Carroll replied in the affirmative . Upon motion duly made and seconded, it was voted to deny Mrs. Carota's request for an abatement. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on September 30, 1963, as amended. W. Carroll retired at 8 :35 P.M The Chairman read a letter from the Board of Fire Commissioners requesting a transfer of $200 from the Reserve Fund to the Ambulance Account. The expendi- ture of $280 for four new tires was an unexpected Transfer expenditure.. . Upon motiolduly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $200 from the Reserve Fund to the Ambulance Expenses Account Further consideration was given to the matter of placing the Town's insurance. The Chairman read a letter from the Lexington Association of Independent Insurance Agents, dated September 20, 1963, with further reference to the Insurance subject . Upon motion duly made and seconded, it was voted that the Town continue to award its insuraice busi- ness to Brewer and Lord Mr. Cataldo was recorded in opposition, and Mr. Brown abstained from voting. Mr. Sheldon said he would like to defer allocation of Commissions. Further consideration was given to Mr. Eugene F. Delfino 's offer to purchase tax title lots 77 and 78, Block D, Reed Street. A proposal to sell was ad- vertised in the September 26, 1963 issue of the Lex- ington Minute-man. No persons contacted the Select- meh's Office as a result of the advertisement Upon motion duly made and seconded, it was voted to sell and convey lots 77 and 78, Block D, Reed Street, to Eugene F. Delfino subject to the restrictions that these two lots are to be combined to existing lots owned by Mr. Delfino. 524 3K C- The Chairman read a letter from Mr Donald E. Nickerson, to which was attached a copy of the minutes of the meeting of the Minute Man Naticnal Historical Park Advisory Committee. The Chairman read a form letter from the State Civil Defense in regard to Emergency Disaster Program, a copy of which was sent to Mr . Burrell, Director of Civil Defense Upon motion duly made and seconded, it was voted Sidewalk to sign an Order for the construction of a sidewalk on the northerly side of Woburn Street from Fletcher Avenue to Utica Street. Mr. Gray reported a conversation he had with Mr . Irwin, Building Inspector, in regard to a Standing Building Code Committee, and said he thought this was something the Board should consider because there have been considerable changes in the construction 1Standing business during the past five years Building Mr. Charles Cole, architect, was present and Dode Com- stated his views as to why he was in favor of such mittee a committee Mr. Sheldon suggested that the subject be placed on the agenda for the next Board meeting, at which time further suggestions could be considered. Mr. Gray agreed to discuss the matter with Mr. Legro, Town Counsel. It was also agreed to have Mr. Irwin meet with the Board next week Upon motion duly made and secondedi, it was voted to go into Executive Session for the purpose of dis- Executive cussing, deliberating, or voting on matters which, if Session made public, might adversely affect the public security, the financial interest of the Town or the reputation of any person. Following a discussion relative to Mr. Bernhart R. Snyder's request for settlement in regard to a sewer easement over Lot 38, Peacock Farm Road, and Mr. Sheldon' s report relative to the Lexington Executive Park Develop- ment Committee Meeting, the meeting adjourned at 9 :50 P.M A true record, Attest civ Cl- , Selec en /):1LL` 1,V;JJJJJil J