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HomeMy WebLinkAbout1956-01-16-BOS-min 292 Sad SELECTMEN'S MEETING January 16, 1956 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, January 16, 1956 at 7:30 P.M. Chair- man Bateman, Messrs: Reed, Gay, James and Maloney were present. Mr. Gayer, Superintendent of Public Works, and the Clerk were also present. Hearing was declared open upon petition of the Pole Boston Edison Company for approval of pole, guy wire locations and anchor locations on Grove Street. Mr. Mahon, representing the petitioner, Mr. Paul A. Northrup, 52 Grove Street and Mr. C. Palmer Chester, 91 Grove Street, were present at the hearing. Mr. Mahon stated that he would like to present a new petition and new plans involving a six-pole line instead of a seven-pole line, and explained the pro- posed locations by use of a blueprint. Mr. Northrup asked if the poles were to be 10- crated on the lot line and Mr. Mahon replied in the affirmative. Mr. Northrup questioned the lot line as drawn on the plan and Mr. Mahon said that he believed the plan to be correct but would check and contact Mr. Northrup. The Chairman asked if there were any objections and Mr. Chester replied there were none as far as he was concerned. The hearing was declared closed and the group retired. Upon motion of Mr. Gay, seconded by Mr. James, it was voted to grant the petition and sign the odder for the following pole, guy wire and anchor locations. Grove Street, southwesterly side, south- easterly from a point approximately 80 feet southeast of Robinson Road, -- Six poles. Guy wire and anchor on the 1st and 2nd pole. Pole Further consideration was given to the petition location of the Boston Edison Company for permission to locate four poles, guy wire and anchor on Worthen Road to supply service to the First National Stores. A hear- ing was held on Monday, January 9th. 293 Mr. Mahon,representing the petitioner, and Mr. John L. Collins, representing the First National Stores, were present Mr. Mahon stated that he referred this matter to the proper people of his company as indicated last week and they are of the opinion that Worthen Road is con- sidered to be in an overhead district and they felt, under the circumstances, they would prefer not to enter- tain any thought of undetground, particularly it being such a long section from Bedford Street to Massachusetts Avenue. They asked him to express that thought to the Board. He said he might point out that this matter of underground service, particularly involving commercial customers, it would be difficult to anticipate the re- quired load that might be used in that area in the next five or ten years. He explained that in plotting out an underground line at this time, not knowing the future ~trend of business, it would be necessary for the company to anticipate a service load in laying both single and three phase cable. Then comes the question of telephone service and that area underground. He said that then there is a serious street lighting problem sometimes when underground is installed. He said that there is also the fire and police lines that must be considered in any underground development. He stated that the pro- ject is quite involved. The Chairman said that there was an alternative and asked if Mr„ Mahon looked into it. Mr. Mahon replied in the affirmative. He said there were two alternatives. If the pole locations are granted as petitioned for,the line would be brought in to the rear of the First National store at no cost to tha store. The alternative plan would be to run the line on private property either on the right hand side facing the building on Bedford Street running along Custance property. That would be done at a private property cost to the First National Store of $h45 with the Edison Company giving two poles. If that is not acceptable to the First National and they grant the company pole locations on the left hand side abutting Worthen Road, the company could have a line of six poles costing $577 to the First National Stores with the company still giving two poles. Mr. Maloney-asked if the poles going along Worthen Road wuuld be set the set the same as they would on any other street and Mr. Mahon replied in the affirmative. Mr. Maloney said that if the poles are on First National property the Town has no right to use them and Worthen Road will be developed. He said that as much as he disliked it, he felt they will have to be put on Worthen Road. 294 Pd 0.1 Mr. Collins said that there would be two sets of alohg'Worthen Road then. Mr. Maloney said he did not see how the Board could force underground installation. Mr. Reed said that at a later date the cost would be less. He suggested approving the poles on a tem- porary basis and when the road is completed insist on underground. Mr. Collins said that the point is the First Nati- onal has the blacktop in and they expected servioe by the lath. The interior work is to be done and they will need service. They have been held up this long and he is present this evening to find out when and if the poles are going in. The Chairman said that the Board -meets every Mon- day night and did not hear about this until last Monday If the road is started with poles now, there will be poles all the way through and there neter will be under- ground installation. He asked what the objection was to going down the other line. Mr. Collins replied that they would like to keep the poles off their line if possible. They definitely are an eye sore and the company does not want them for the same reason the Board does not want them. The Chairman said in good planning the First National would have found out what was agreeable to the town before they put up those two poles. Mr. Collins explained that he had been in touch with the Town Engineers two months ago and also with the Boston Edison Company. The First National had planned overhead from the rear. The Engineer showed him the pro- posed street 70 feet wide with two 10 foot sidewalks. Mr. Maloney said that Worthen Road is going to be developed and if someone comes in there and demands cur- rent they would get it. He said he would not like to see two rows of poles going in there just to make it incon- venient for the First National Stores or for the Boston Edison Company. The Chairman said that this is a case of just poor planning. Mr. Collins explained that actually the first he heard of this was two weeks ago when Mr. Mahon went into his office. The landlord of the present building was opposed to the poles on his side of the street. Mr. Gay asked if the First National could obtain an easement from Mr. Custance and Mr. Reed said that they would still be an eyesore. Mr. Reed said that the Board might be willing to go along with the poles now for the First National but serious consideration must be given in the -future to 295 underground installation. He stated that he never con- sidered underground for Worthen Road until last week, and asked how the Board could expect the First National Stores to know. He said the information should have been given when they requested a building permit. However, the F Board had not considered underground at the time so the Building Department did not know. He said that in the future if the Board wants underground installation, the Building Department should be so informed. The Chairman suggested that the Boston Edison Com- pany and the First National Stores work out some arrange- ment whereby the poles would be underground. Mr. Reed asked if the poles under discussion this evening were approved would there be any reason why the Boston Edison Company would not sit down and discuss With the Board the possibility of putting wires underground at a later date. He asked if these poles were approve& would 'the .future installation be underground. Mr. Mahon said that in granting these four pole loca- tions, it is a grant and not temporary. He said any fur- ther consideration for the extension of the line overhead or underground is entirely in the jurisdiction of the Board or succeeding Boards. He recommended granting the petition for four poles and then writing the Boston Edison Company advising the company of the Board' s thoughts for future development of the street and what it has in mind for that section. He further recommended telling the Boston Edison Company that the petition has been granted because of the urgency of the matter in providing ser- vice for the First National Store• and that the desire is to have the poles abandoned at some future time. Mr. Stevens, Town Counsel, arrived at the meeting at 8:10 P.M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the petition and to send a letter to the Boston Edison Company expressing the Board's thoughts for future development. The Chairman wished to be recorded in opposition to granting the petition. Messrs. Mahon and Collins retired at 8:10 P.M. Mr. Charles Sweeney, 68 Rawson Road, Arlington, met with the Board re the house he intends to erect on Cary Avenue, and for which a building permit has been denied. The Chairman explained that as the Board understands the situation, certain legal technicalities have to be cleared up. Mr. Stevens asked if Mr. Sweeney had talked to his lawyer after he talked with him. 1 Mr. Sweeney replied that he talked with his lawyer about four o'clock. 296 Mr. Stevens asked if he owned lot #119 and he replied in the affirmative. StevensMr. explainedon Building v+h. ich Mr. ch nobtainatbuildine gy permit basis Is on Permit the basis of a Sweeneyant from the Seledtmen to use a por- Lot #119 tion of lot #118 for a sewer system. The Selectmen Cary Ave. can' t give him that right in lot #118 unless the town owns it. Both parcels of land are registered in the Land Court. Therefore, any instrument going on record has to be approved by the Land Court. The town be- lieves it owns #118 having taken it for non-payment of taxes and foreclosure. The foreclosure did not go through the Land Court. Mr. Stevens went on to explain that inasmuch as it is registered land the town can' t get a certificate of title except by filing a petition with the Land Court stating it acquired titled and asking that the old certificate be cancelled and a new one issued. That was never done. Mr. Stevens said he has prepared such a petition signed by the Town Treasurer and it has been filed. The Land Court then appoints an examiner who will examine the tax taking, an affidavit from the Tax Collector and the deed from the town. He then re- ports whether or not in his opinion they are all right and also reports who the former owners of the lots were. Following his report the Land Court sends out notices and the matter is set down for a hearing. If no nne appears in opposition, and if they do and are satisfied that the proceedings were correct, a certificate of title will be issued. That takes from six to eight weeks. He said that he has not examined the instru- ments relating to the tax taking. He explained to Mr. Sweeney' s attorney that he was requesting the examiner to go over and do this one right away because an effort was being made to help Mr. Sweeney, and to let him know whether or not in his opinion the proceedings are all right. If the examiner says they are, he will then draft an agreement whereby Mr. Sweeney will receive a building permit under a statement to be signed by him that he realizes if the town did not get a. certificate of title the permit would become void. He said that if Mr. Sweeney put lumber into the building and some- thing turns out in the Land Court to show the taking was invalid, the building permit will not be any good and Mr. Sweeney will have lost his money until such time as the sewer is installed. He said that if Mr. Sweeney wanted to take the risk, he would have no ob- jection, but not until the examiner' s report is re- ceived. He explained that the fact the Selectmen are willing to give Mr. Sweeney the right to use the land is of no value if the town does not own the lot, and the only way to be sure is to have it examined. 297 Mr. Sweeney mentioned buying the lot and the Chair- man explained that the town would still have to get the certificate. _ Mr. Stevens sa d that if Mr. Sweeney wanted to, and his attorney is willing to let him take a chance, he would be willing provided he has a report from the ex- aminer. He explained that a bank attorney would not ap- prove financing any house unless he had some rights in it that can pass to any buyer or to the bank in case it has to foreclose. He said that there is nothing more the Selectmen can do on it. The Chairman said that it is now up to Mr. Sweeney's lawyer, the examiner and Mr. Stevens. Mr. Sweeney retired at 8:23 P.M. Mr. Stevens said that he had been asked by a mem- ber of the Board for an informal ruling on the subject Town Meeting of Town Meeting members relative to the new precincts. Members He stated that he has looked into the matter and his opinion is that the Town Meeting members are candidates for re-election and can be nominated by signing a card and will go on the ballot as they always did with a star at their name. Letter was received from Mr. Carroll, Town Clerk, advising of claims for damages filed by Gloria M. Hingston and Bertha A. Hingston, 181 Blossom Street, Claims for for property damage caused by a depression and/or ex- damage cavation in Concord Avenue. Mr. Stevens said under the constract, the Town is not liable and the Clerk was instructed to forward a copy of the claims to Mr. Gayer. The Chairman read a letter from the Planning Board re acquisition of a tract of land from Antonio Busa to- Land for gether with approximately 280 feet of Circle Road for recreation recreational development. Mr. Stevens explained that options could be ob- tained if the Board indicated its approval, subject to what the cost is going to be. He said that someone should find out for what price the land can be ob- tained. The Board was unanimously in favor of acquiring the praperty, and inserting an article in the warrant. Mr. James suggested authorizing Mr. Snow to nego- tiate. Mr. Stevens recommended getting a rough plan after dr. Snow finds out the cost, and proceeding on the basis of an approximate plan for the purposes of options. 298 c~� cep The Chairman referred to a letter dated July Sale of 19, 1955 received from 0. N. Johnson, )417 Concord land between Avenue, Cambridge, advising that he would like to old Mass. Ave.acquire the land situated between old Massachusetts & new Mass. Avenue and new Massachusetts Avenue, comprising Ave . about 1200 square feet. Mr. Stevens asked to have a copy of the article drawn up a few years ago whereby the Board was auth- orised to sell and convey a parcel of land in the same area to Breslin. Mr. Stevens retired at 9:15 P.M. Diehl Rd. Petition was received signed by Mark Moore, Jr. , acceptance et als requesting acceptance of Diehl Road. The Chairman was authorized to advise Mr. Moore that the request was received too late to be included for presentatioh at the Annual Town Meeting in March, 1956, but will be placed on file to be considered at some future Town Meeting. Notice was received from the Middlesex County Selectmen's Selectmen' s Association advising that the first meet- Ass'n. ing in 1956 will be held at Arlington, January 25, Meeting 1956, social hour 6:30 P.M. , dinner at 7:00 P.M. The Clerk was instructed to advise that all members of the Board will attend. Letter was received from the Town Celebrations Use of hall Committee advising that the American Legion has of- fered the use of its room in Cary Building for regu- lar meetings the second and fourth Tuesday of each month. Copy of the minutes of the January 10th meeting of the Town Celebrations Committee was received and placed on file. The Chairman reported that Mr. Harvey Winlock Appointment had declined the invitation to serve as a member of the Board of Registrars. Upon motion duly made and seconded, it was voted to appoint Jasper A. Lane, 177 Waltham Street, a mem- ber of the Board of Registrars for a term expiring March 31, 1956 to fill the vacancy caused by the resignation of Leon Truesdell. Uses of halls Upon motion of Mr. Gay, seconded by Mr. James, it was voted to grant the following uses of halls: 299 Lex. Girl Scouts Conf. Room Feb. 28 Meeting Lex. Girl Scouts Conf. Room Mar. 1 Meeting Lex. Field & Garden Estabrook Mar. 30 Meeting 14-H (Mr. Garrity) Cary May 12 Exhibit Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to renew a First Class Agent License for License Morris Motors, 1. 00 Waltham Street. Upon motion of Mr. Gay, seconded by Mr. Reed, it Street was voted to sign Notices of Intention to lay out the hearings following streets: Bernard Street, Calvin Street, Donald Street, `ldred Street, Ivan Street; Westwood Road, Millbrook Road, Whipple Road, Locke Lane, Fiske Road, Red Coat Lane, Flintlock Road; Grapevine Avenue, Rowland Avenue, Daniels Street, Wallis Court, Diana Lane, Nichols Road, Allen Street, Blake Road, Henderson Road, Pearl Street, Arcola Street, Milk Street. Public Works Department budgets were discussed until 10:10 P.M. at which time the meeting adjourned. A true record, Attest: Clerk, Se /ctmei. 7 6