Loading...
HomeMy WebLinkAbout1957-12-30-BOS-min 189 SELECTMEN'S MEETING December 30, 1957 1 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 30, 1957 at 7 :30 P.M. Chairman James , Messrs. Reed, Maloney and Mrs. Morey were present . Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present. Hearing was declared open upon petition of the Boston Edison Company and the New England Telephone Pole and Telegraph Company for permission to locate one location pole on Grove Street . Mr. Mahon, representing the Boston Edison Com- pany, and Mr. Charles S. Fowler were present at the hearing. Mr. Mahon explained that the proposed pole is required to shorten up the section in order to get both telephone and Edison service into Tech Built homes. He reported that he went over the area to- day and said there is a goodly number of homes and poles on Gould Road. The Chairman asked if this would be an addi- tional pole and Mr. Mahon replied in the affirma- tive . Mr. Charles S. Fowler said he did not believe the proposed pole location concerned him as he sold his property on Grove Street three years ago. Upon motion of Mrs. Morey, seconded by Mr. Reed, it was voted to grant the petition and sign the order for the following j/o pole location: Grove Street, easterly side approxi- mately 25 ' south of Gould Road, -- One pole . Messrs. Mahon and Fo.er retired at 7:38 P.M. Upon motion of Mr. Reed, seconded by Mr. Maloney, it was voted to grant the following licenses : Licenses Jennie 's Lunch 62 Mass. Ave . Com. Viet. Retewel Martin's Drug Store 1793 Mass. Ave . It Anna Phillips 29 Depot Sq. " It " 190 Imma Woodhaven Country Store 421 . Marrett Rd. Com. Vict. Renewal Corner Variety Store 856 Mass . Ave . The Clerk reported that Mr. Clarence Bentley, 39 Asbury Street , came into the office and stated that he wished to acquire a portion of lot 533 Asbury Street. In 1955, the Board sold lots 527 to 533, inclusive, to Tax title a Mr. Golini, subject for a period of ninety-nine years to the restriction that, for purposes of building, all of the lots were to be combined together to form one lot and that no more than one dwelling should be erected or placed on the combined lot. Mr. Stevens advised the Board that the owner, Mr. Golini, should be the one to bring the subject before the Board and said he would be very glad to discuss it with him. He said it would be necessary to get a con- firmatory vote of Town Meeting to permit Mr. Golini to dispose of a portion of the lot. Mr. Robert Johnson, 60 Wood Street, met with the Board. He said that there is some land adjacent to where he lives on Wood Street that he purchased ten years ago from Lulu Blake, originally tax title land. The Chairman asked if Mrs. Blake had a deed and Mr. Johnson replied it appeared as if she did . The Blakes purchased the land from the Town in 1922, 1923 or 1924. At that time, there were 'fifty or sixty lots assessed to Lulu Blake and he purchased some of those out of that group. The Assessors assessed him for nine lots and he paid taxes . Two years later, he tried to buy some more from the same parcel, which he did. Then the Assessors refused to assess him, stating they could not take them out of an existing parcel. He said he received a bill for the whole parcel of which he only purchased one-third. He said he advised Mr. Carroll that he was paying taxes but he did not have a deed and Mr. Tax title Carroll advised him that there was nothing he could do. He said then he met with the Board and Mr. Stevens was to pass judgement as to whether or not they could take these lots out of the parcel or not. Mr. Cronin told him he could not assess him for the second group of lots because he could not take them out of the whole parcel and Mr. Carroll advised him tb let the matter drop and perhaps the Town could give him a title later. Mr. Johnson's attorney, Mr. Ayer, told him that before proceeding in the Land Court, he must have some kind of a title from the Town. He asked if he could make some restitution to the Town and get at least as good a title as he had before with the Blakes so he can land court the lots. The Chairman asked Mr. Johnson when he last paid taxes and he said he paid taxes on some of them. 191 The Chairman asked if he considered that he had some kind of a title on some of the lots and Mr. John- son replied that the whole group is going to be land coubted. Mr. Reed asked if he had a bill of sale to the lots and Mr. Johnson replied in the affirmative. Mr. Stevens asked if he received a deed and had it recorded. Mr. Johnson replied in the affirmative and said the Assessors assessed him the entire parcel. Mr. Stevens suggested that Mr. Johnson have his attorney write him a letter setting forth the situa- tion. He said he would then take it up with the Board of Assessors and then it could be determined what, if anything, can be done . Mr. Johnson said he understood the title was hazy and he paid accordingly. Mr. Johnson retired at 8:10 P.M. Mr. Stevens also left the meeting. Letter was received from Milton L. Gould , Secretary of Minute Man Highlands Association, requesting the Board to include funds in the budget for installation of street lights in Lawrence Lane. Street ' Mr. Gayer explained that he has included this item lights in his 1958 budget. A second letter was received from Mr. Gould re- questing installation and erection of suitable signs pertaining to speed limits, official school bus stop and children at play on Concord Avenue . Mr. Gayer explained that there are several signs on Concord Avenue now. Letter was received from Minute Man Oil Sales, 8 Camellia Place , asking if the fuel oil for the new Fuel Oil Police Station is open for bids. Mr. Gayer reported that he will advertise for bids right after the first of the year for fuel oil to supply all departments under public works . Letter was received from William J. Kdernan, Jr. , 162 Lowell Street, requesting removal of two trees Tree which he claimed to be located on town property. removal Mr. Gayer reported that he inspected the trees and agrees that they should be removed but stated that they are not located on Town property, but are on Mr. Kiernan's land. A bill in the amount of *265 was received from Miller ? Nylander for services making topographical survey and taking soundings in ponds, North Street gravel pit. 192 10,4 The Clerk was instructed to request Mr. Allen, Chairman of the Recreation Committee, to approve the bill which is then to be paid from Engineering Department budget. The Board ajourned at 8:20 to attend the Board of Appeals hearingin Estabrook Hall on the Nashoba PP Realty Trust petition for permission to erect a hotel at 1722 Massachusetts Avenue . The meeting resumed at 9:LI.5 P.M. at which time the following members of the Planning Board met with the Selectmen: Chairman Grindle , Messrs. Burnell, Jagia.ith, Soule and Mr. Snow. The Chairman explained that the subject of this meeting has been brought about by a particular situation, but it leads to a more general consideration of the requirements by the Town, under the subdivision control law, of building streets which are in condition to be accepted yet they do not abut on accepted streets. He said this has been brought to the Board 's attention by people who live on Dane and Foster Roads, which are connecting streets, and Dane Road abuts on Sherburne Road, an unaccepted `street . He explained that the people on Dane and Foster Roads want their streets accepted but the people on Sherburne Road do not. He stated that as long as the people on Sherburne Road do not, and it has been the policy of the Board for as long as he knows Street not to accept a street like Dane Road unless Sherburne acceptance Road is accepted, it poses somewhat of a problem. Presumably in developments of this kind the sub- division control law requires them to be built according to specifications and in a condition to be accepted. He said the Board would like to discuss the subject first, to see if the Planning Board has any information and secondly, should there be some change in the sub- division control law whereby streets of this kind could be taken care of, He explained that this is not an isolated situation. Mr. Jaquith said that Dane and Foster Roads are new, built under the sub-division law so they are in condition for the town to accept them. He said a section of Sherburne Road would have to be rebuilt. Mr. Snow said that Sherburne Road would only need to be blacktopped at a cost of $7.00. Mr. Reed explained that men on Dane and Foster Road have gone around for signatures on Sherburne Road but they were able to get only one person who is in favor and he did not want to be the only individual to sign. Mr. Snow said that there is a portion of Dane Road in the Colonial Acres Section One that is un- accepted, there being two subdivisions involved on Dane Road. 193 11 The Chairman asked if the portion that abuts Sherburne Road was constructed and Mr. Snow replied in the negative. He said to his knowledge the Town has never had any conveyance of utilities or ease- ments in the first section of Dane Road and this also applies to Sherburne Road. Mr. Jaquith said when there is an area being developed acceptance of the street leading up to p p it could be required so this situation would not happen. Mr. Snow said on that basis Sun Valley would never have been developed. Mr. Reed said that the people on Dane and Foster Roads purchased houses with a first-class street and after a year they find the Town will not take care of it because it is not accepted. They come to the Town and are told it can't be accepted because it is not connected to an accepted street. Then by the time it is accepted they have to spend some money on it. He said the Board could put an article in the Warrant for Sherburne Road but the people don't want it. The Chairman pointed out that there may be oppo- sition to accepting Sherburne Road at Town Meeting. Mr. Snow said that if a subdivider had to lay out a road and complete it within a year he could not develop the land any further until such time as the Town accepted the land he already laid out. The Chairman explained that the Board was posing this as a problem to find an answer. Mr. Jaquith said if a subdivider who wants to develop further on still has control of the section of the street not accepted but with houses on it, there may be some control over that situation in the law now. He said a good many cases will come up where it is an old development, the lots have been sold off by someone else. Mr. Reed said he did not think there was any law preventing the Board from accepting a street, bat it has been policy hot to in instances such as this. He explained that Mr. Stevens, Town Counsel, is of the opinion that Town equipment would be going over pri- vate property and the Town is trespassing. Mr. Maloney said it would not be considered tres- passing for the Town to plow or repair a water main. Mr. Snow said that releases have been obtained from one section of Dane Road but not on the section adjacent to Sherburne Road. He explained that Mr. Stevens had prepared the instruments and sent them out but they have not been returned. Mr. Jaquith said that if a subdivider comes in for a subdivision of the land beyond, there may be some control over the old section but that is dome- 194 �► 1.c thing that would have to be worked out with Town Counsel. The Chairman said that every year the Board gets one or more of these and usually they can be resolved by asking the people to get the abutters on the con- necting street to petition for acceptance . Mr. Maloney said that if this was going to come up each year he thought the Board should change the policy of trying to get the streets accepted. These people have lived up to Town regulations and the Board should not tell them the street can't be accepted. He said the streets should be accepted if they are satisfactory to the Planning Board and the Selectmen. Mr. Snow said that there are three subdividers Ryder, Colonial Development and the second Colonial Development. He asked why the second Colonial could not be told that he could not lay out a subdivision here because he has to connect to a privately owned water and sewer line . Mr. Jaquith said that whoever owns the water and sewer line might give him releases and that does not take care of the street question. Mr. Reed said the Board had asked two representa- tives from Dane and Foster Roads to go to the people on Sherburne Road, He said he did not know whether it would do any good to have someone from the Public Works Department contact them. Mr. Snow explained that the only thing involved would be pavement itself which will amount to only $7.50. Mrs. Morey said that it is $7.50 divided by two. Mr. Snow said that if there are no drains, that would be something else , but he thought the drains were in. Mrs. Morey reported that Mr. Gayer advised that $7.50 per foot would take care of the street and that covered both sides . She suggested telling the people on Sherburne Road that it will cost only $3.75 this year and next year it might cost $5.75. Mr. Reed asked about inviting the Sherburne Road people to a meeting. The Chairman explained that if the Board does meet with them it will be to hold a hearing and tell them the street is going to be accepted. He suggested doing it this way and no one objected. Mr. Soule said as a street becomes constructed by a subdivider or developer and it meets the Town:'b specifications he thought it should be accepted. He asked what objection there is if for some reason or other Town equipment has to cross private property. The Chairman explained that Town Counsel has some reservations. X 95 I Mr. Grindle said that the Planning Board will meet with Mr. Gummere and his engineer to discuss the land on Spring Street next Thursday evening. He said the Board of Selectmen would be welcome . The meeting adjourned at 10:10 P.M. A true recored, Attest: xecutiv .Cler Select n I