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HomeMy WebLinkAbout1957-08-26-BOS-min ev 670 SELECTMEN'S MEETING August 26, 1957 ' A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, August 26, 1957 at 7:30 P.M. Chairman James, Messrs. Reed, Maloney, Tucker and Mrs. Morey were present. Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Mr. Benjamin Pickering, 3 Patriots Drive and two other gentlemen met with the Board. Mr. Pickering said that last Fall the Board held a meeting in regard to a telephone pole on Patriots Drive. Be said the impression was that the feeling was unanimous that the pole should not be put on Patriots Drive, but on Meriam Street. The Chairman asked among whom the opinion was unanimous and Mr. Pickering replied amoung those present at the hearing, He said the pole was to he a six inch steel trolley pole. Now he finds that Pole the pole is going to be on Patriots Drive, a wooden location pole about 40 ' long, 13" through the butt above the ground, assuming it goes 10' in the ground. He said he did not know why the decision was changed. The Chairman explained that no permission has been granted by the Board to place the pole anywhere. He said the Board did agree, however, that it would permit an iron pole, of the type Mr. Pickering des- cribed, to be located on Patriots Drive just beyond the sidewalk as it comes up Meriam Street to be used to as an anchor pole. He said he believed the telephone company was informed and there is a note that on December ]4th the next move was up to them to approve or disapprove. The Board has heard nothing further since. Mr. Reed asked if Mr. Pickering was assuming that the company was going to put the pole up or if he had information which the Board did not have. Mr. Pickering said he thought it was to be a metal pole placed on Meriam Street. He said Mr. Holcomb:' happened to be going by and he asked him about it. Mr. Holcomb said it was going on Patriots Drive. Mr. Reed asked who Mr. Holcomb is and Mr. Pickering said he is the Secretary of the Episcopal church. Mr. Reed asked if Mr. Pickering had contacted the company and he replied in the negative. He said seeing a wooden pole on the mound started a train of thought. 571 One of the gentlemen, who did not give his name asked if the pole is to be placed on Patriots Drive and the Chairman replied that it is if they consider a little bit in from Meriam Street as Patriots Drive. He explained that it will be either just in front of or in the rear of a hydrant there. Mrs. Morey asked if Mr. Pickering was concerned only about the fact that it is a wooden pole instead of a steel pole. Mr. Pickering replied in the negative and said he did not want a pole on Patriots Drive because they all paid a premium for no poles and no sidewalks. The Chairman explained to Mr. Pickering by use of a blueprint where the pole is to be located. He said that the Board had also advised the company that an evergreen tree would have to be planted to hide the pole and Mr. Pickering said that could not be done because it will be too close to the sidewalk Mr. Reed explained that the company has not accepted the Boardts proposal and had not come back with an answer. He said, to hid knowledge, the company has never put up a pole without permission from the Board. The group retired at 7:40 P.M. Mr. Stevens said that a week ago Mr. Corrigan was in and Mr. Gould was to call him which he did not do until today. There was much discussion about what Constitutes a Board of Survey Street. He wanted to know why it was not the town's expense to record the sub- Corrigan division plan. He also contended that the Board of development Survey used to require the installation of utilities and thought he might go back to Mr. Baskin's file. Mr. Stevens said it was his impression that the utilities came up under the subdivision law. Mr. Stevens referred to a letter from the Planning Board with reference to the application of Moore Realty Trust for approval of a definitive subdivision plan, Burnham Farms Section One. This plan includes a portion of a proposed town road with a 70-feet right-of-way which Loam- the Planning Board is recommending as part of the major Moore street plan for the town. The Trust agreed to grant to develop- the Town an easement for the proposed town road and, in went accordance with the subdivision plan, proposes to construct a portion of the road at a grade of 8% which is sufficient to serve the subdivision. However, where a principal street is involved, the subdivision regulations required that grades shall not be more than 6%. The Planning Board is requiri the subdivision plan to be modified to show a grade of 6% but felt it unreason- able to require the subdivider to provide the extra fill N [s7 which would/c iangessary to the road to a standard to serve town-wide needs. The Board recommended that pro- vision be made for the additional fill either from available funds or by a especial appropriation to be voted at the next Town Meeting, and estimated the cost to be $1225 for approximately 750 cubic yards. It was the unanimous feeling of the Board that funds should not be requested at the Special Town Meeting in September and that the money would be available in the Public Works budget. Mr. Stevens called the Board's attention to the Street fact gist street signs have not been erected on sub- signs division streets. It was unanimously agreed, that, as of this date, August 26, 1957, the subdivider should erect street signs before bonds are released. Mr. Jules P. Sussman, 2521 Massachusetts Avenue, and twelve other individuals met with the Board. Mr. Sussman, spokesman for the group stated that he had two petitions signed by all present and many others. The first petition read by Mr. Sussman was as follows : Petition and protest to prevent removal and deetrtrtion of trees on Massachusetts Avenue. The undersigned residents of the town of Lexington do hereby voice a strong objection to the intended removal, for the purpose of facilitating Sidewalk sidewalk installation, of trees lining Massachusetts Avenue & removal from Cedar Street to Paul Revere Road. We wish to call the of trees on attention of all town officials concerned to the obvious Mass. Ave. aesthetic value of these trees to the town at large, plus the shade and view offered by these trees to abutters, It is our view that the removal of these trees would consti- tate a needless and wantonly destructive act, and we; .hereby petition the Board of Selectmen of Lexington to issue an order preventing the removal of any and all of these trees. The Chairman said he thought the group had arrived at the meeting without the Board's previous knowledge. He explained that the Town Engineer would not be present and if the Board had any knowledge that the group was coming, he would have been present and the Board could have ob- tained answers from him relative to the sidewalk engineer- ing. He explained that a sidewalk cannot be installed = without the removal of some trees . He said he felt certain the engineering had been done to provide the best sidewalk taking into account the trees that are there. He ex- plained that provisions must also be made for plowing. He said he could npt make any further comments because he did not know the engineering details. Mr. Sussman said the first anyone on the street knew about this sidewalk and the loss of any trees was last Monday or last weekend when notices were posted on all the 573 trees that were to be taken. He said the hearing turned out to be nothing but a formality. Mr. Reed explained that this subject was discussed at length at the Town •Meeting which was the time for the people to object. Mr. Sussman said the only notice received about the sidewalks was the entire booklet, the Town warrant. The abutters themselves received no separate notice that this was going to affect them. He said no one was contacted and no seperate notices given. He said they do not feel it was sufficient notice. The Chairman explained that the group has some Town Meeting members in the area who either voted for or against the project. Mr. Sussman said he discovered that. The Chairman asked how many trees are involved and Mr. Sussman said he thought there would be not more than twelve. One of the gentlemen asked why the sidewalk on the opposite side of the street could not be used. The Chairman explained that the Board had hoped that was going to serve the area but it does not provide safety for the children coming from the Cedar Street area going to the Maria Hastings school. One of the gentlemen asked why there couldn't be a police officer at the corner of Battle Green Road. The Chairman replied that it would necessitate more women police officers. Mrs. Larken said they all realized the sidewalk was going to be there, but they did not realize it involved taking down so many trees. She said she has lived there for sixteen years and is willing to pay for the sidewalk but is opposed to removal of the trees . She said she realized the sidewalk has to be built but felt that some- thing should be done to save the trees. Mr. Reed asked how near the street the trees are and Mrs. Larken replied that they are in the middle of where the sidewalk is going. Mr. Reed asked how many of the people would be will- ing to give land for a sidewalk. MTS. Larken replied she would and said she would be willing to pay *100 for the tree at her property. Mrs. Morey asked if all the people who signed the petition would be willing to give two or three feet of their land for the sidewalk. She explained that there must be sidewalks and the Board had decided on straight sidewalks because of the problem in plowing. A woman asked if curbing could be installed and said the people would not object to the children walking on the vn lawns. She said the curbing would keep the children off the street and preserve the trees. The Chairman said that it was a good suggestion but he was' not qualified to decide. The Chairman said he would like to suggest that the petition be rewritten to include a sentence agreeing to give the Town approximately two feet of frontage in an effort to save the trees. Upon receipt of such a petition the Board could examine the situation with the Town Engineer and see what might be worked out. Mr. Sussman asked if•' the Town Engineer, or someone authorized to make decisions, could go around to the householders or have a meeting with the people and get the matter straightened out to their satisfaction. The Chairman said he thought little could be accom- plished by such a meeting becaase everyone would have a different opinion relative to the engineering. The Chairman said that the Town Engineer could ex- amine another proposal, if presented, which would include a method of saving the trees and then go over the proposal at some other meeting. Mr. Sussman said that would be agreeable and he thought most of the people would be willing to give the land. The Chairman said if Mr. Sussman could get that permission it would help the Board in determining what can be done. Mr. Maloney pointed out that if a child was hurt and the Board had not done everything in its power to protect the children, there would be much more criticism that that of removing the trees. Mr. Sussman said he had another petition requesting the discontinuance of sidewalk construction because of the following reasons: 1. Problems entailing trees. 2. A large sum of money was spent in the recent past for the purpose of constructing a gravel sidewalk on the opposite side of Mass. Ave. This would seem to for% a fine basis for a permanent sidewalk, if any. 3. To our knowledge the proposed walk is to be five feet wide. We feel that this large width is not justified. 4. The proposdd sidewalk is not the result of requests by the abutters , who will be taxed for betterments. 5. The only notice given to the abutters, concerning this sidewalk, was in the overall town warrant containing all of the items subject to passage by the town meeting. NO attempt was made by anyone to call the attention• of abutters to the proposal or to elicit their views. 575 6. The sidewalk is for the purpose of affording safety to local school children. and the majority of these live on nearby side streets, where no sidewalks exist, nor are intended. Since the sidewalks are for the benefit of the entire neighborhood, and do not add to the value of adjoining property, we feel that the cost of a sidewalk located here, if at all, should be borne by the entire community. Mr. Sussman asked what action the Board suggested taking. The Chairman said he would suggest that Mr. Sussman have another sentence put on the first petition as step number one then the Board will ask the Town Engitieer to consider what can be done. He said that, for the time being, no trees would be taken down. He said the Town Engineer having considered the subject, a meeting could then be held at which time he could explain what has to be done and the best solution that can be worked out. Mr. Sussman said that would be agreeable to him. The Chairman said that the Board would check the second petition with Town Counsel. Mr. Sussman said that laws are man made and can be changed at any time. Mr. Reed explained, in regard to betterments, that many people living on private streets have not paid better- ments but do travel over streets where other people have paid betterments and he thought this situation was the same. These people ride over streets for which others have paid and others will be using the sidewalks for which these people have paid. Mr. Sussman said, according to Mr. Flynn their Town Meeting member, a group of people have asked to have side- walks installed. The Chairman explained that the sidewalks now pro- posed, of which this is one, are merely the beginning of a large group of sidewalks recommended by the School Com- mittee and not the result of any effort on the part of any Town Meeting member to have sidewalks in his area. Mr. Sussman said he thought there might be some method of spreading the cost over the entire town or the school district. The Chairman said he knew of no way at the moment, but would check it. Mr. Maloney pointed out that property owners living on unaccepted streets also pay taxes as do those on ac- cepted streets. Mr. Reed explained that last year was the first year the town appropriated any money for sidewalks and this is ai ra only the beginning of a sidewalk program and an appropria- tion of $50,000 per year is expected for the installation of sidewalks on main streets. He said that they would not be installed on a lot of the side streets. He said he thought the Planning Board was now requiring subdividers to install sidewalks, but the Selectmen have no thought of installing sidewalks on side streets. Mr. Sussman said he thought people should be notified that there is something coming up for which they will be taxed. Mr. Reed explained that there are precinct meetings, the Town Meeting and the meeting of the Town Meeting Members Association where this subject was discussed. He explained that the Board had advised that a sidewalk was to be put in and the only notices required by law are on the construction of streets. Mr. Sussman said that perhaps new laws are needed requiring Town Meeting members to notify the abutters. One of the women said that the sewer would be installed this year which would also be an added expense and Mr. Reed explained that the sewer would be installed because the people had petitioned for it. The group retired .at 8 :50 P.M. Chairman Grindle, Messrs. Soule,. Abbott, Burnell and Jaquith of the Planning Board met with the Selectmen. Mr. Grindle reported that Miss Edith Willard talked to him the other day and mentioned a few restict- tions relative to a right- of -way. She does not want to have any entrance opposite her house until she had passed away. She has no objection to the use of the further end of the land but does not want anything done on the North •Street side until she dies. She discussed the matter and proposed putting it on a six year period having an initial payment of $10,000 making a total of60s 000. He said that there is about fifty-nine acres of land involved. She feels she id giving the town something which she wants to do. Edith If she had the money, she would give the entire parcel Willard to the town. He said he thought the land is worth property $1200 or $1500 an acre . Mr. Grindle explained that Miss Willard was very insistent that he advise everyone that she would like to keep this confidential. She feels that if she offers it to the Town far $60,000 and the Town does not take it, it will hurt her selling the property to someone else. She is going away in November and would like an expression of the Boards. Mr. Grindle said the Planning Board has not voted, but the members felt it was a reasonable price for the land. 577 Mrs. Morey asked if the Town could sell the land after Miss Willard passed away and Mr. Grindle replied that is what she told him. The Chairman asked how this would be handled finan- cially. Mr. Jaquith said, in discussing it with Mr. Stevens, he was under the impression that the Town cannot purchase this on a $10,000 this year and $10,000 next year basis without obtaining a special Act, unless all the money is appropriated at one time. There is no way of financing this with a future purchase price to be paid without a special Act. The Chairman asked if the Town could borrow the money to purchase the land, and Mr. Jaquith replied that the Town could borrow the money all at one time and hold it. Mr. Reed asked if the Town could purchase a certain amount of acreage each year that will cover that price and Mr. Stevens replied in the affirmative. Mr. Jaquith explained that Miss Willard wants the entire piece off the tax rolls. Mr. Reed asked if one of the stipulations was to get the property off the tax rolls. He also asked if she wants the Town to purchase it all at once but have payment spread over a period of six years . Mrs. Morey asked how much the property is assessed for and Mr. Grindle replied that the taxes are $450. The Chairman said that would be about $9,000. Mr. Grindle said that if the Town does not give some indication within a year or so she will have to dispose of it somehow because she needs the money. Miss Willard also told him that if anything happened to her, Miss Robinson would not want to live in the house alone. Mr. Reed said he thought the Town would purchase the property if it is properly explained. Mr. Stevens left the meeting at 9:05 P.M. Mr. Grindle said there is the possibility of seventy- five houses being constructed on the land. Mrs. Morey asked if action by the Annual Town Meeting would be soon enough, and Mr. Jaquith replied that the Planning Board could take an option. Mr. Grindle said that the Planning Board would also discuss the subject with the Appropriation Committee. The Chairman said it seemed to him that it would be a good thing to do. Mrs. Morey asked if $60,000 was as low as Miss. Willard would go and Mr. Jaquith replied that the Planning Board talked $50,000 bit she felt that was not enough and said it was wbrth quite a bit more. However, she came back with a price of $60,000. 58 1-4rom Mr. Maloney asked if it was a net price and no in- terest. Mr. Jaquith replied that she did not mention interest this time. Mr. Grindle said all she ever mentioned was so many payments. He said the Selectmen could let the Planning Board know how they feel about it so that the Planning Board can talk to her again. The Planning Board retired at 9.15 P.M. Jr. High The Chairman read letters, dated August 22, 1957, School from the Town Counsel to the Board of Assessors and the Col- land lector of Taxes with reference to land acquired by the Town from John H. Millican and Esco Builders Corporation to be part of the site of the new Junior High School. The Chairman read a letter from Mr. Carroll, Town Appointment Clerk, advising that Dr. William L. Cosgrove has been appointed a member of the Hospital Needs Study Committee to fill the vacancy caused by the resignation of Charles H. Cole. The Chairman read a letter from the Project De- velopment Associates with reference to Federal grants-in- Urban aids for urban planning. planning Mrs. Morey said this seemed to go along with what Mr. Roland Greeley recently wrote to the Board relative to Meagherville property. No action was taken. The Chairman read a letter from the Town of Stoughton with reference to a committee in Stoughton Legislation known as the Protect Our Children Crusade. Stoughton is asking cities and towns to adopt an appropriate resolution urging their State Representatives and Senators to adopt suitable legislation that will keep the so-called sex offenders in institutions where they can be helped by persons whose business it is to do so. No action was taken. Mr. William I. Burnhan and Mr. Cornelius Cronin met Carrig with the Board in regard to letter recently received by assessment the Selectmen from James A. Carrig who is displeased with the assessment of his property, Section 3 Lawrence Lane, Mr. Cronin explained that Mr.19sprig came in to the Board of Assessors in January/and inquired about how his property was to be assessed. At that time he was told it would be assessed as acreage and as he sold the lots off, they would be assessed to the individuals. 579 What was left, would be assessed for $5,000 an acre. He said that policy was continued until 1956. In the mean- time the policy of the Board of Assessors has changed. Now the developers are using the land as soon as it is laid out. He explained that Mr. Carrig hes had the privilege of having the lots laid out at $5,000 an acre assessment. Mr. Burnham explained that the street on the land about which Mr. Carrig is complaining was not put in until 1956, and the Assessors did not increase the value in 1956, but this year he sold lots from $4,000 up to $5,000 and $5,500. The Assessors feel that they should not assess the land as acreage after the street is all in. Mr. Cronin said that the policy has been changed from that followed in 1952. Mr. Reed asked if Mr. Moore would be assessed for lots and not acreage if he puts in the streets in his development, and Mr. Burnham replied he would as of January 1st. Mr. Reed said, as he understood it, the entire policy has been changed. Now the Assessors are not assessing acreage any more after the street ignput in. If the street was not put in, they would charge/acreage. Mr. Cronin explained that when Mr. Carrig came in, to appease him, he told him that the policy, had been changed and if he was aggrieved by the tax bill to file an, application for abatement with the Assessors and have them look at the property. He explained this assessment can be changed. He s&id that Mr. Carrig's son took the application and the Assessors will look at the land in the rear of the 1775 House and he thought Mr. Carrig would be satisfied. He said he would be out of there in 1957 or 1958 because he will have sold the lots. Mr. Maloney said that if a developer such as Carrig thought he was going to be assessed he would lay out only four or six lots at a time but he felt because of the gentlemen's agreement it was all right to at the whole thing up. Mr. Burnham explained that Mr. Carrig was assessed on acreage until this year. Mr. Maloney said the policy is good but he thought Mr. Carrig should have been told that the assessment was going to be on lots. Mrs. Morey asked if, after the Assessors look at the land, the amount of assessment put on the approved lots would be the amount put on when the house is built and Mr. Cronin replied in the affirmative. Messrs . Burnham and Cronin retired at 9:50 P.M. 580 Com" L>1 nen Upon motion duly made and seconded, it was voted to sign Orders for installation of sidewalks in the following areas : Adams Street, along the northwesterly side, extending from a point 180 feet southwesterly of East St. a distance of 2300 / ± northeasterly. Lincoln Street, along the southeasterly side, extend- ing from Middleby Road a distance of 2500' + north- easterly. Massachusetts Avenue, along the northerly side, from Woodberry Road, a distance of 350 ' ± westerly. 44814§1k Waltham Street, along the easterlyside extending from Allen Street a distance of 200 ' ± southerly. Bedford Street, on the southwesterly side, extend- ing from Manning Street a distance of 122 ' southeasterly. Massachusetts Avenue, along the northerly side, ex- tendin$ from Cedar Street westerly a distance of x$00 ' - Woburn Street, along the northerly side, extending from Utica Street a distance of 3900 / 4' easterly. Mrs. Morey asked if the restrictions on the use of water could be removed. The Chairman said that if it does not rain for another three or four days, the situation will be just as bad. Mr. Maloney suggested leaving the notice out of the paper. The Chairman reported that he had checked with Mr. Gayer and he does not favor removing the ban until there has been substantial rain. Water Mr. Tucker said he would be in favor of leaving the restrictions restrictions as they now are. Mr. Maloney asked for how long and Mr. Tucker re- plied until after Labor Day. Mr. Maloney said that if the restrictions were lifted, it might give people an opportunity to salvage their lawns. Mrs. Morey suggested lifting the ban and issuing a statement that it might have to be put back on. 58! Mr. Maloney suggestedtaking the notice out of the paper after Labor Day and not make any statement. Mrs. Morey said she would like to have the ban lifted this week. Mrs. Morey inquired as to the status of the traffic Traffic regulation relative to no right turn on Hill Street. The Hill Clerk was instructed to have Mr. Gayer call Mrs . Morey. Street The meeting adjourned at 10:10 P.M. A true record, Attest: 1eciltive, Clerk, SelectmOt 1