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HomeMy WebLinkAbout1960-03-22-min 489 SELECTMEN'S MEETING March 22, 1960 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Tuesday, March 22, 1960, at 7:30 P.M. Chairman Morey, Messrs . Adams, Ferguson and Cole were present. Mr. Stevens, Town Counsel, Mr. Carroll, Superintendent of Public Works, and the Executive Clerk were also pre- sent . Mr. Richards arrived at the meeting at 7:45 P.M. Mr. Ferguson asked who authorized a change in the Planning Board's Personal Services budget and said it had not been voted upon by the Selectmen. Mr. Adams explained that he took the approval of the change for granted as there was no dissent. Mr. Ferguson said that he had dissented. He did not think the change should be made and there was no vote taken on it. Mr. Adams said he thought Mr . Ferguson had made his point that he did not agree to the change, and he Change in was under the impression that it was four to one . vote, Art.4 Mr. Ferguson said he made his point very clear and was surprised that the change had already been made . Mr. Adams said he thought it was made clear that the change was made by four members of the Board on Saturday morning. Mr. Ferguson said that if the Board is going to have a meeting, it should be announced in advance . He said he did not think the Board should have an informal get-together and change anything. The Chairman explained that she had asked to have a meeting on Saturday morning but the Board did not want it and at the time , she said she would be at the office Saturday morning and hoped as many as could would come in if possible . She recalled that the sub- ject had been discussed before and came up when the Appropriation Committee came . In view of what had been said the night before, those present Saturday morning were sure the Board would go along with the change re- commended by the Planning Board. At 8:00 P.M. , Mr. Anthony R. Catildo met with the Board, at the Board's invitation, to discuss acquisi- tion by the Town of land owned by him for a municipal parking area. The discussion was more or less as fol- lows: 490 0D GD nu Chairman: The Board knows that I went to see you after the meeting last Monday and told you of the appraisers' figure, and I told them your re- action and you told me your bottom price was probably $ 0,000.00. That is what I have re- ported The Board does not feel it could justify asking $40,000 for a piece of land which we know you paid less than $20,000 for. You have your reasons and we felt you should justify it. Cataldo: Where do we stand now? Chairman: Why do you think it is worth so much more than you paid for it? Cataldo: If I got it as a gift, what difference does that make in what I ask for it? This is number one . In the first place, that is not the price that was paid for it if the truth were known. I could go into detail on price but I don't think it makes one bit of differ- ence . Explain what difference it makes on what the price was. I could have inherited it . Stevens: According to the record, you bought it from the railroad and therefore the price you paid could be assumed to be some indicationof the value . Cataldo: The prices you have are not a true fact and I will go into detail if it is important enough. I don't think it makes any difference . Stevens: Don' t you think the price is some indication of what you and the railroad thought it was worth? Cataldo: Yes, but you people do not have the right price . Stevens : We have the record prices. Cataldo: It is not set up that way. I am not coming in to do a selling job. When I purchased the pro- perty, I purchased it with no intention of sell- ing it to the Town of Lexington. I had a plan for the whole area and was aksed by the Board if I would consider something else for the bene- fit of the community. I dropped a lot of long- range plans on the say-so of members of the Board of Selectmen just after I purchased it. Ferguson: When did you buy it? Cataldo: 1958. Ferguson: What date? Cataldo: I don' t know exactly. Ferguson: When did the papers actually go through? Cataldo: April, 1959. 491 II Chairman: You had activity going on there for some time . There was loam in the old freight yard. Cataldo: The deal I made with the Boston and Maine was . There were four different parcels. It was set up, it did not make any difference what deed took what parcel. They were all one package . It was figured so many square feet of land. We broke down the deeds and parcels so there would be one deed for the station and the other three parcels came in another deed and that was for the purpose of what I had in mind . The station was not worth a dime . The full price of the package was $45,000 and because I set up the deeds the way I wanted to for my own purpose in the future and had no bearing on the cost of any land there . It was almost cheaper to tear the building down and build a new structure but to please some of the people in Town, we decided to keep the old building and it cost me over $100,000. The only thing good was the land. How are you going to value that property because you looked up a deed with a figure of $20,000 for back land? None of it was zoned for business to begin with. I value the station per square feet of land. Stevens : When you purchased the station and the adjoin- ing piece, had it been zoned for business? Cataldo: No. Stevens : I understood you had an agreement to buy it subject to getting the zoning changed. Before the 1958 Town Meeting we worked to get it in. Cataldo: That was before I purchased it . The whole thing was residential. Stevens: The zoning was changed in 1958. I remember you said the zoning change was on the condition that you agreed to buy it. Adams: That was 1959. Stevens: You paid a residential price for it . 9'ataldo: For the whole works. It was one package deal . I don't see any difference what it cost. There is a 99 year stipulation for a waiting room, baggage room and freight which someone has to digest. I am taking all the stipu- lations on the building and will deliver a free and clear deed eliminating the freight . I did not think it good to put a bank with a freight yard in the back yard. I think it is worth $50,000 to clear up Lexington center, but don' t do me any favors. 492 rD Stevens: The deed to you of parcel 3 gave the rail- road the right to maintain the spur track but they have taken it up. Cataldo: I have changed it since . I have changed the arrangement with the Boston & Maine . They left the track and took the freight away. Stevens : The right to have the spur track has been abandoned? Cataldo: Yes. I have eliminated the passing track. It is on their land but will make that much more land available . It makes all the way down to Grant Street. Stevens : For the railroad to sell. It is not included in parcel 3. Cataldo: No. There will never be any chance of having it a freight yard. There will be one track going from Lexington Center and I think that is worth the price itself. There is 99 years of waiting room, L.C .L. and baggage room some place . It is in the $45,000 deal . Cataldo: I have made all the arrangements to put on the stipulations on the building and deliver the parcel free and I would just as soon you not take it. Stevens: They talk about underground facilities. Cataldo: That is common with the railroad. The pass- ing track will be out too. What is the pro- blem anyway? I was asked to stop some of my planning and as a community service, pass it to the Town. Richards: The problem is a fair and reasonable price to which you are entitled. You know how much you want for it . What is fair is what the land is worth. The only questionwe have in mind is how do we arrive at the figure . If you paid $45,0o0 for the whole thing, you are not en- titled to $1i5,000 for only a portion. Cataldo: Then dontt take it. Who picks up the 99 years and restrictions? Richards: That can stay or be taken. Cataldo: Are you going to supply a waiting room and baggage room? Richards: You can leave them on or take them. You pur- chased the land with certain restrictions and paid $45,000. Now you will sell a portion of the land. Cataldo: You will get 86,000 square feet out of 100,000 without any restrictions . I will pick up the restrictions for 99 years or until the freight and trains stop, whihever comes first. Richards: What is the figure you want? What do you think is fair and reasonable? Cataldo: $50,000. Richards: I don' t think that is fair. How do you arrive at it? Cataldo: Someone has to supply a waiting room, heat it, light it, janitor service, baggage room, L.G .L. for 99 years or until the trains stop running, whichever might come first. If I pick up the stipulations and deliver you the land free and clear, I am willing to do it . Stevens: The restrictions as to providing the waiting room and baggage facilities is Only bh-the depot part. Cataldo: That is because I put it there for future reasons. Stevens : We look at it the way it is . Cataldo: You should have left me alone . I would have minded my own business and kept the land. Adams : It is true that at one time the thought was to build a sttion across the tracks. Cataldo: I had thought of it at one time . I could have put the restrictions and kept the build- ing on the other side of the track. I could not plan the way I wanted it. I then put all the restrictions on one part so I could deliver some land at a future date . If the Board did not come and bother me, I would not be here . Chairman: It is a question of what is best for the Town of Lexington. Catildo: I was willing to comply. There has been nothing but cheap talk. I am willing to listen. All I heard was $15,000. If I had to take $15,000 or $20,000 for that land, I told Bill Maloney, I would give it to the Town free . He said the Town does not want it free . I have 99 years stipulation to live by. Stevens: You feel we should consider parcel 3 in some way as being obligated to contribute toward the depot . On the record, the restrictions are not on parcel 3/ Cataldo: That is theway I set it up so I could deliver parcel 3 free and clear . I did not want to spend $100,000 on a building and have the spur tracks in. the .bakk door . I had to: have those stipulations. There is $1. 5,000 spent there with 99 year restrictions and 100,000 square feet of land. I will deliver 86,000 square feet to the Town if they want it. What was the station worth? 494 "=J Chairman: Why not consider the bank building as just land that could have a zoning change where the other couldn't. Cole : When you purchased the land you could have had the restrictions applied to the whole parcel? Cataldo: That is the way it was. Being connected with the Boston & Maine I had it done this way. Cole : If you had the restrictions cover all the pro- perty, then the property would have been re- duced in value . Cataldo: To be sure , but none of it would be for sale . Stevens: What can be done with that parcel with the shape it has, minimum frontage it has, in an R-1 zone? Cataldo: That might be changed. People change and things change. Stevens: You know the approach of a taxpayer. They want to know what they are getting is worth the amount they are being asked to pay for it. The more restrictions there are, the less value the land is . Assuming this parcel has no restrictions on it, what is a piece of land there zoned for residential worth? Cataldo: You approached it on what it cost, and now you are gproaching it another way . Stevens: The thing we are looking for is value . Cataldo: I gave you the cost so go on from there . Stevens: I understand that this property was to be rezoned as part of the deal. Tis was re- zoned before you took title . Cataldo: That is right . The plans were to take the property anyway. Stevens: You did not take title until it was rezoned. Cataldo: The zoning had nothing to do with it . The Boston & Maine legal department takes so long to pass papers . Stevens: When we were talking about rezoning, you could not even get a plan. Cataido: It was a delay on the part of the corporation lawyers and had nothing to do with rezoning. There was business in the building before I took it . Stevens: You feel that all this land has the same value on both sides of the tracks. Cataldo: When I purchased it, yes. The only change is what I spent on the building and the parking. What value would the station have? I don't see why it makes any difference that I should be airing my problems or the Boston & Maine problems 495 Stevens: The attempt is being made to try and find its value . Chairman: Do the merchants want to buy it? Cataldo: I heard they want to raise $20,000. What- ever you say tpnigOt is the way it is going to be . Stevens : The Chairman was frank in saying that the mean price on the appraisals is $15,000. Cataldo: Let your appraisers deliver you land some- where else . Ferguson: What is your price? Cataldo: A fair price with all stipulations would be in the neighborhood of $50,000. Ferguson: Whit is the price you would take? Cataldo: If there is enough interest, I would go along with about $40,000, but other than that, I will keep it where it is. Ferguson: I have been the one not anxious to take this right along, $40,000 is your price. Cataldo: If anyone wants to figure out the figures I have given, and the stipulations at 040,000 I would estimate, if the Board wants to go along with $40,000, I will . Ferguson: I don't see this for that amount of money. What is your price? Is your price $40,000? Cataldo: I will leave it at $40,000. If you can prove I am wrong, then I would sit down and hear about it. Ferguson: Our only question now is if we think it is worth $40,000. We are not trying to chisel you down. The only other choice is to take it by eminent domain and let the court decide . Cataldo: That is all right with me . Then we will really decide it . As far as $15,000 you might as well keep the money in the Town Hall. The passing track from Grant Street to Meriam Street is in the works. I think it can be worked out . It will be Boston & Maine land but can be acquired and Will make a big dif- ference . if- ference . Adams: That could at a later date be thrown in, Cataldo: I can' t make any deal with the Boston & Maine . I could not give a right of way over the tracks but I could from my property, and I am sure it could be worked out . The biggest thing here is living with 99 year stipulation . I value that land at $100,000. Stevens: On the record, this land has no restrictions on it. In trying to value it, we have to take it as it is. Mr. Cataldo retired at 8:50 P.M. 496 pri 'rJ Mr. Ferguson said the first question is, does the Board want this land badly enough to take it by eminent domain. Mr. Stevens said that obviously the only thing to do is to take it if the Board wants to acquire it . The Chairs n said that the Board has agreed it is desirable for the Town to acquire the area. Upon motion duly made and seconded, it was voted that the acquisition of the land for parking should be recommended to the Town Meeting. Mr. Ferguson wished to be recorded in opposition. Mr. Richards said that he was not prepared to vote as he has never discussed the subject or seen a plan until this evening. He said he thought it had all been decided by the Selectmen that it was desirable to acquire the land. Mr . Adams explained that it was a four to one vote . Mr. Richards said he would like to see how the land lies and know a little more about the plan and what the use is. He said he thought some information should be given to the question as to how badly it is needed. The Chairman asked what the maximum price should be . Mr. Stevens explained that if it comes to a question of eminent domain, before the order is adopted, the Board should see the regulations and talk to the railroad. He said this is not just an adoption of an order of taking by eminent domain and then the Town votes it. He explained that eminent domain is used only where time is of the essence or for title reasons the Board thinks it is good to have a new title started. Later in the evening, Mr.Carroll presented a plan showing the Cataldo land and pointed out its relation- ship to the present municipal parking area. He reported that the area under discussion would accommodate approxi- mately 217 cars . Mr. Adams reported that the acquisition of the land has been recommended by the Planning Board for many years. Mr. Ferguson said it was anything but recommended five years ago. Mr. Adams said that they did not get into a recom- mendation at that time . Mr. Carroll explained that the comparative recom- mendations were against it, as against another proposed area. Mr. Richards asked if the motion before was that it was desirable to own this parcel of land. Mr. Adams replied tkt it was the consensus of opinion that it was needed by the Mown for additional parking, The Chairman explained that the idea was that it all did not need to be dexeloped right away. She asked 497 if the present Board agreed with the prior Board that the acquisition of the land is desirable . Mr. Richards replied th3 t he was in favor of the fact that it is a desirable thing to do. Mr. Carroll said he felt the Board might not have all the necessary answers for next Monday. On the other parking areas, there were plans and studies made with slides for Town Meeting aiiid all the facts prepared in advance . Mr. Richards said he thought the price of $40,000 is excessive and he could not recommend that tothe Town. He said he thought the Board would be criticized if it recommended $40,000 for a portion of the land. He said Mr. Cataldo has himself in a legal bind . Now when the land is being sold or being taken, he said he did it the way he wanted it. The record is against him. He said he feels Mr. Cataldo is in a position where the figure of $40,000 is too high and from his own experience, he does not believe Mr. Cataldo can justify that as being the fair andreasonable value of that land. He said he would never recommend it to the Town at that price or close to that price He said he thought a jury would bring back something arou;d $20,000 which he thought would be a fair price . He stated, with reference to making Mr. Cataldo another offer, that he thought that would only succeed if the Board could sit down with his counsel. The Chairman said that if it is taken by eminent domain, the Board still has to establish a figure . Mr. Richards said he would be willing to recommend $25,000. He said it would cost between $3,000 and $5,000 to try the case . The experts ' fees would be at least $1,000 each day. He stated that there is one serious flaw. The nature of the land is very difficult, and it would be a far more difficult taking than is ordinary. There is the question of trying to sort out the deeds and then trying to determine, once the Town has the lot, how it is going to make crossings. Mr. Adams said he thought there should be two cross- ings . Mr. Richards recommended $25,000; $20,000 for the land and $5,000 for construction. The Chairman recommended $30,000 for the purchase and $5,000 for the immediate improvement of the land to keep the $35,000 figure recommended by the Appropriation Committee in its report . Mr.Adams said the vote would be to purchase at $30,000 or take it by eminent domain. Mr. Ferguson said he would go along with Mr. Richards on the $20,000 and $5,000. 498 Nosh CV Mr. Adams said the Board could take it by eminent domain or make him another offer. The Chairman said that Town Meeting members like a clean-cut purchase . Mr. Ferguson agreed that the Board cannot get that anyway. He recommended that the Board advise Mr. Cataldo that it cannot agree to $10,000 but thinks the land is needed by the Town and so will take it by eminent domain and then put the amount of the highest appraisal in the article . Upon motion duly made and seconded, it was unani- mously voted torecommend $25,000 for the acquisition of the land. Further consideration was given to the notice re- ceked from the ABC , advising that a hearing on the question of granting approval to the application of Alfred S. and Daniel P. Buss for a Package Goods Store license . Mr. Stevens explained that this is not a legal statutory hearing. When the local licensing authority grants this lieense, it is subject to the approval of the ABC . Normally, the Commission simply acts on it and in most instances approves. In this case , they had a number of letters and petitions from Lexingtonians opposing the granting of the license and opposing any approval of it by the Commission. He reported that Norman May had written a letter for a group opposing it. In view of these protests, the Commission felt the people should be given an opportunity to express their views . He said that the Board is entitled to be present if it sees fit . He said the Board could attend and the Town Counsel could attend if the Board so desires . Mr. Adams said his feeling was that someone should be at the hearing. Mr. Ferguson asked why anyone should attend, and Mr. Adams said someone should be present as an observer. He said it was the decision of the Board to grant the licensesand he thought the Board should be represented. Mr. Ferguson said he could not see where the Board is involved at all. He said the Board granted the license and thought it was all right . It is now up to ABC to ap- prove it. Mr. Stevens said he thought the Board's interest would be to make sure that what action it took was not misrepresented at the hearing. Mr. Ferguson said thatall the Board did was to ad- vertise and vote to grant the license . 499 Mr. Adams said he would like to have Mr. Stevens attend the hearing. Upon motion duly made and seconded, it was voted to request Mr. Stevens to attend the bearing . Mr. Ferguson went on record that he did not think the Board had any particular interest and that sown Counsel should not be present at the hearing. Upon motion duly made and seconded, it was voted to hold the Selectmen' s Meeting on Monday, March 28, 1960, at 7:00 P.M. Mr. Stevens retired at 9:20 P.M. Mr. Carroll reported that John Harrington, an employee of the gown, had an operation, is in the hospital and his 45 days ' sick leave time will expire Sick leave April L . Mr. Carroll said he has a good reputation with the Town, will not be out of the hospital for some time and will be convalescing for a month. He would like authority to extend the sick leave for thirty days. Mr. Ferguson said that, upon Mr. Carroll's re- commendation, he would not hesitate granting the re- quest. However, last year there was some discussion pertaining to sick leave , and he understood that Mr. Carroll and Mr. Cronin were to formulate a policy for the Board to consider, so that all employees would be treated equally. Upon motion duly made and seconded, it was unani- mously voted to authorize Mr Carroll to extend Mr. John Harrington' s sick leave for a period of thirty days . The Chairman read a letter from Andon Grigor, Lexington Food Market, relative to snow piled in the corner and on both sides of thestore door. She re- ported that Mr. Carroll has seen the letter. It Snow removal was heavy snow and there was some left there , but it did not interfere with the door . It was agreed to advise Mr. Grigor that the Department of Public Works did the best it could under the circumstances and call his attention to the fact that it is the responsibility of the owner or agent, having charge of any building or lot of land abutting on a sidewalk, to have the snow removed. Mr. Carroll retired at 9:55 P.M. 500 rz CC Upon motion duly made and seconded, it was voted to approve the petitions and sign the orders for the following j/o pole locations: Rangeway, northeasterly side, southeasterly approximately from a pointpp y s 75' south- east of Winter Street, -- Two poles . Crawford Road, westerly side, southerly from a point approximately 20' south of Preston Road, -- Four poles . Emerson Road, southwesterly side, approxi- mately 1001 southeast of Adams Street, One pole - - guy wire and anchor. Emerson Road, northeasterly side, south- easterly from a point approximately 2401 southeast of Adams Street, -- Three poles - - guy wire and anchor on the first pole . The Chairman read a letter from Ralph E. Chadwimk, Sealer of Weights and Measures, relative to the 45th Out of State National Conference on Weights and Measures to be held Travel for in Washington, D.C . in June . He attended a conference Sealer about ten years ago at which time the Town of Belmont paid the expenses . He would like to go this year or next year and felt that Lexington should pay the expense . It was agreed to advise Mr. Chadwick that it is too late to consider the expenditure this year and suggest that he include the item in his 1961 budget for the Board to consider. Upon motion duly made and seconded, it was voted Bond to approve Bond No. 84853, in the amount of $97,000.00 on behalf of Ethel U. Rich as Tax Collector. The Chairman read a letter from the Emergency Finance Board, advising that a Meeting will be held School on Tuesday, April 5, at noon, to consider the appli- cation for authority to borrow in accordance with Chapter 6185 of the Acts of 1948 for construction of a new elementary school. Upon motion duly made and seconded, it was voted Paper to grant permission to theChurch of Our Redeemer to Drive conduct a paper drive on Sunday, May 1, 1960. 501 Invitation was received from the Town Celebrations Committee , inviting the Board to participate in the April 19 early morning parade on April 19. Upon motion duly made and seconded, it was voted to make the following annual appointments: ANNUAL APPOINTMENTS March 31, 1960 - March 31, 1961 Board of Appeals Aiden L. Ripley (5 year term) Board of Appeals (Associate Members) J. Henry Duffy George W. Emery Charles H. Norris James A. Harding, Jr. Bridge Charitable Fund Trustees Donald R. Grant (6 Year term) Constable Charles E. Moloy Director of Civil Defense Arthur E. Burrell Director of Veterans / Benefits and Services Maurice D. Healy Executive Clerk, Selectmen Hazel J. Murray Fence Viewers Rev. Harold T. Handley John J. Garrity Field Drivers John W. Rycroft Benjamin W. Day Gammell Legacy Income Trustees Mrs . Mary Casey Mrs. Margaret L. West Insect Pest Control Superintendent Paul E. Mazerall Lockup Keeper John W. Rycroft Public Weighers Harold I. Wellington Edward F. Skinner Public Works Superintendent John J. Carroll Registrars of Voters Malcolm H. Clifford (3 year term) Ralph Elvedt 602 cy ANNUAL APPOINTMENTS (CONT'D. ) Town Engineer John J. Carroll Veterans ' Graves Officer Maurice D.Healy Mr. Ferguson said he would like to have the Building Inspector meet with the Board to discuss enforcement +bf by-laws in general. Upon motion duly made and seconded, it was voted to invite the three Inspectors to meet with the Board separately to discuss their offices. Upon motion duly made and seconded, it was voted to hold a meeting of the Board on Saturday, March 26, 1960, at 9:30 A.M., at which time Mr. Stevens is to be requested to attend for the purpose of discussing his re-appointment as Town Counsel. A true record, Attest: pec ive lerk Select n. C7 J I