Loading...
HomeMy WebLinkAbout1959-10-13-BOS-min 313 SELECTMEN'S MEETING October 13, 1959 A regular meeting of the Board of Selectmen was held on Tuesday, October 13, 1959, at 7:30 P.M. Chair- man Maloney, Messrs . James, Ferguson and Mrs. Morey were present. The Executive Clerk was also present . Mr. Adams arrived at 8:35 P.M. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen' s meeting held Minutes on October 5, 1959, subject to a correction on page two. The Chairman read a letter fromJames R. Sherman, 14 Ridge Road, and John Wasilem, 23 Ridge Road, re- questing deferment of water betterment assessments levidd against their property. Memo was received from Mr. Carroll recommending that the betterment on lots B and C , owned by Mr. Sherman, on the westerly side of Ridge Road, be de- ferred. He recommended no deferment on lot C on the Deferments easterly side and no deferment on lot B on the east- erly side until Mr. Sherman records a lot showing his house, separating that parcel from the rest of his land. A memo was received from Mr. Carroll recommend- ing that the betterment on lot B on the easterly side and part of lot B on the westerly side , owned by Mr. Wasilec, be deferred. He suggested that Mr. Wasilec record a plan showing his house and separating that parcel from the rest of the land and deferring the betterment on the remaining parcel. Upon motion duly made and seconded, it was voted to advise Mr. Sherman and Mr. Wasilec that Chapter 159 of the Acts of 1950 provides for deferment of better- ment assessments only upon land which is not built upon, and inasmuch as their house lots have never been sepa- rated from the entire tract of land, no action can be taken on that parcel. If they will lay out as lots the parcels of land upon which their houses are lo- cated, the Board will consider further their request for deferment. The Chairman read a letter from the Mystic Valley Gas Company, requesting permission to locate a 6" Gas main high-pressure gas main in East Street, from Douglas Road to the Woburn line . 314 The proposed location, to provide service for a new development, was approved by Mr.Carroll. Upon motion duly made and seconded, it was voted to grant the request, it being understood that the work is to be done according to Mr. Carroll' s specifications and to his satisfaction. Petition was received from the Boston Edison Company and the New England Telephone and Telegraph Company for permission to locate five poles on Daniels Street Pole The proposed locations having been approved by Mr. locations Carroll, it was voted to grant the petition and sign the order for the following j/o pole locations Daniels Street, southwesterly side, southeasterly from a point ap- proximately 50' southeast of Taft Avenue,-- Five poles. The Chairman read a letter from the Follen Hill Estates Association, Inc . , signed by George Baldwin, Chairman, stating that the Association would like to Buckman Dr. meet with the Boardto discuss the proposed extension Extension of Buckman Drive to Moreland Avenue . It was agreed to send a copy of the letter to the Planning Board and advise the Association to contact that Board to arrange for a discussion of the subject. The Chairman read a report from Mr. Irwin who had been requested to investigate a complaint registered Complaint by Mr. Robertson and Mr. Huoppi about parking and noise fkt Marshall' s bakery, 315 Marrett Hoak .. Mrs. Morey reported that at three o'clock in the afternoon there were six cars on Grapevine Avenue parked neatly on one side of the street. It was agreed to write Mr. William H. Marshall advising him of the complaints registered with the Board relative to employees parking on Grapevine Avenue and disturbing noises at the bakery commencing at 11:00 P.M. and also call his attention to the con- ditions set forth in the Board of Appeals ' permit under which the bakery is operating. The Chairman read a letter from Mr. Irwin in re complaint received concerning the use of the property Complaint at 47 Ledgelawn Avenue . Mr. Cole has informed Mr. Irwin that he was withdrawing his application to the Board of Appeals for a variance because he felt that because of the objection in the neighborhood, it would be better to discontinue the use of the property as a transfer point. 315 Letter was received from the Town Celebrations Committee inviting the Chairman to attend the ceremony, UN Day in observance of United Nations Day, to be held at the Fiske School on October 23, at 9:15 A.M. The winners of the essay contest will be awarded prizes and read their essays at the Senior High School on October 23, 1959 at 10:45 A.M. It was agreed to invite bids for printing 700 copies of the 1959 Annual Town Report. Town Report Mr. Stevens, Town Counsel, arrived at the meeting at 8:35 P.M. The Chairman read a letter from Arthur D. Ritchie, Jr. , 21 Balfour Street, requesting abatement of a portion of the sewer betterment assessment levied against lots 1 and 2 Balfour Street. A memo was received from Mr. Carroll advising that another house could be build on a sixty-foot lot and he could see no reason for an abatement. He explained that the house is on both lots and unfortunately there Abatement is a large frontage because eight small lots were made into two lots . He stated that even though the sewer does not go by the second lot, it is available and the lot bettered by the improvement. Upon motion duly made and seconded, it was voted to advise Mr. Ritchie that under the circumstances, the Board was of the opinion that any abatement of the assessment would not be justified. The Chairman read a letter from Amos J. Carr, Jr. , advising that he will accept the Board' s offer of $200 Settlement and sign a release of all pertinent claims, in connection with the sewer easement taking, October 15, 1958, on his property at 53 Kendall Road. Upon motion duly made and seconded, it was voted to request the Town Counsel to prepare the necessary release for execution py the Board. The Chairman read a letter from Nathaniel H. Ponn, attorney for the State Department of Public Works, in re Commonwealth taking property of Town of Lexington. Mr. Stevens said he understood this is the taking of a portion of Westview Cemetery. He explained that there always has been a vote of Town Meeting authorizing the Board to settle these cases but Article XI, Section 1, of the General By-laws, does provide that the Select- men can settle claims, providing that no settlement is made in excess of $300 . II 316 co In view of the small amount_involved, and the fact that the road is going to be turned over to the Town, he did not recommend waiting until Town Meeting. Upon motion duly made and seconded, it was voted to State sign a release . taking Mr . Stevens said he would prepare a certificate for the Town Clerk to sign covering this and have it ready for signature next week. Mr. Stevens referred to a Special Town Meeting and reported [ hat he does not know where the Town Town stands as far as the Air Force is concerned. He said Meeting it is difficult to know what to put in the Warrant in regard to MDC , but explained that a general article could be drawn. Mr. Stevens reported that he had prepared a deed conveying lots 90-94 Albemarle Avenue to Buse and Tax title raised the question as to whether or not there should deed be any restriction on the building on these lots . It was agreed that the lots should be restricted to the erection of only two houses on the five lots. At 9:30 P.M. , the Planning Board met with the Selectmen and upon motion duly made and seconded, it Executive was voted to go into executive session for the purpose Session of discussing, deliberating or voting on a Matter, which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. A discussion was held relative to the acquisition of two parcels of land, formerly owned by DeVries, for playground and recreational purposes The Board voted to resume the open meeting. Mr. Abbott advised that the Planning Bost had another matter to discuss, the matter of the ruling of the Board of Appeals on the professional office Board of building on Massachusetts Avenue near Curve Street. Appeals The Planning Board feels that the ruling was not ac- cording to the Zoning By-law, and would like to see it tested in court. He said the idea was that such a ruling changes the zoning. The Planning Board feels that the province of the Board of Appeals is to give a variance on a building and in this case, it thinks the Board of Appeals actually changed the zoning from an R-2 to a C-l. He said the Planning 317 111 Board does not want this construed that one Board is against another. The Board of Appeals feels it is working accurately and the Planning Board feels the Town Meeting should decide on zoning and would like to have this case tested. The Chairman inquired as to what property is in- volved, and Mr. Abbott explained that it is Mr. McCormack's and next to property owned by Wardrobe . Mr.Abbott said the Planning Board was asking the Selectmen for legal help and it would like to be re- presented by Town Counsel. Mr. Stevens explained that this will involve counsel for two Boards and when two Boards are in con- troversy, the Selectmen decide which one the Town Counsel is to represent. Mr. Adams asked about the time limit, and Mr. Stevens explained that an appeal must be taken within twenty days after filing cf the Board of Appeals ' decision with the Town Clerk . Mr. Snow advised that it was filed September 28. Mr. Abbott said the Planning Board was requesting funds and the Town Counsel to represent it. The Planning Board retired at 10:30 P.M. Mr. Adams said he definitely did not want to see two Town Boards in Court. Mr. James explained that Town Meeting specifically authorized this By-law and the Board of Appeals chose to issue a variance . It was voted to approve the request of the Planning Board to have Mr. Stevens as Town Counsel represent the Planning Board in its appeal from the decision of the Board of Appeals granting a variance of the Zoning By-law to permit the erection of a professional office building at 789 Massachusetts Avenue in an R-2 district. The meeting adjourned at 11:20 P.M. A true record, Attest: �Eec ive .lark, Select�V