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HomeMy WebLinkAbout1955-05-09-BOS-min (2) 63 SELECTMEN' S MEETING May 9, 1955 A meeting was held in the Selectmen's Room, Town Office Building, on Monday morning, May 9, 1955 at 10:00 o' clock for the purpose of discussing the Proposed Road from Bedford Street to Massachusetts Avenue. Selectmen Maloney and James, Town Counsel Harold E. Stevens, Mr. Burns, Superintendent of Public Works, Mr. Eugene Viano, Mr. and Mrs. James Maxner, Mr. Reuben Seth and a Mr. White and Mr. MacDonald, representing the First National Stores were present. The meeting had been in session some time before the Clerk was called in. Two Plans were used in the discussion, namely: "Plan of Land showing Proposed Road in Lexington, Mass. , Scale 1" = 140' , Feb. 9, 1955, William M. Burns, Town En- gineer", and "Plan of Land showing Proposed Takings in Lexington, Mass. , Scale 1" - 140' , Feb. 9, 1955, William M. Burns, Town Engineer," Mr. MacDonald stated that this layout here shows First National property from this point altogether with a twenty-five foot taking allowed for the Seth' s but by working out the way the roast has been set up at the present time, it comes in this way and eliminated all of this available parking. He said he noticed in the basic drawing that the plan does not follow the brook itself. It comes here at a more or less perpendicular thing and does not follow the contour of the brook. Mr. Seth said they are trying to get as close to Bedford Street as possible. Mr. MacDonald said it could be done by taking twenty-five feet that way. He said if a seventy foot road is desirable, there is nothing he can say about it. He said that on the taking by his making an allow- ance of twenty-five feet by 1.400 feet, it is 10,000 feet and they are now asked for another 13,000 feet. He said that the property over here is of no value to him what- ever. The building is right on the line. In effect, they could not compensate for the loss of property on this end of it. Mr. Stevens asked about it here and Mr. MacDonald replied that it would be of no value whatever. Mr. Stevens said his way takes out one line and a portion of another. 64 1.64 0.1 Mr. MacDonald asked why the taking wasn't equalized on both sides of the brook. Mr. Viano said that the picture here is different than it was when he talked with Mr. MacDonald about it. Mr. Viano said he feels that he is the only person in the room giving away any valuable property, and he would be giving away all usable land. Mr. Seth asked if he were in accord and Mr. Vikno replied in the affirmative and said that he thought it was a desirable thing. Mr. Seth said that at one time it was talked of each side giving thirty-five Peet on each side. He said he has been in accord and willing to give twenty-five feet all the while. Before discussing it further Mr. Viano said that he would prefer not to have any record taken as what he had to say was not to be discussed publicly. Mr. Stevens said that this is a situation where there is a lot of oral consideration and when it is put down on paper you find that it is not entirely agreeable to everyone but everyone wants it fundamentally. He said the Board wants now to see how these three can work it out. The Board believes a road through here is an im /I - provement to the town and the property. As he previously stated, the town expects to get the land without charge, for $1.00 and the Board would like those three property owners to work this out. Mr. Viano said he would give fifty feet of his fron- tage going to zero at the brook and the corner of his line and that is it period. If these other people can work out a deal, that is all he can do. Mr. Burns said this plan is correct with the excep- tioh bf the rounding of the corner. Other than that, it is exactly what was talked about before, but it can be changed. When they discussed this plan all parties were not available, and the purpose of the hearing is to change the plan if it has to be. Mr. Stevens said that the final plan comes out of the hearing. Mr. Seth said this is the first time he has seen this plan. Mr. Maxner asked if the road was going to be a wider street; a super highway. Mr. Burns said that if the road is brought up to the existing grade of Bedford Street, which it would have to be, the question of easements comes up. He said whether it is sixty or seventy feet does not matter if everyone builds out to it. With the slope as the grade is now, I/ 65 assuming a sixty foot road, the slope will run into several feet. To take the seventy foot in width, the road would be built on the basis of sixty feet. The First National will build out to there and there is no problem. The road is based on sixty feet and the taking of seventy feet which is what is necessary to trespass on these properties. He said it would be a sixty foot street with a ten foot slope . Mr. Viano inquired about the elevation and Mr. Burns stated it would be the same as Bedford Street and has to be up there in order to put in the necessary drain. Mr. Viano inquired about the depth of the sewer in Bedford Street and Mr. Burns explained that he is just barely going to get through to get the grade, and these properties can be sewered from it. It is not figured to install sewer at this time because -no one knows what is going on. In either event it would be put in on each side. He said there are only three or four properties altogether that would be using it, and it is not a big problem. He said that whether it is a sixty or seventy foot road, it is figured on the basis of sixty feet with the extra width for slope easements. He said the town had to trespass to get in. Mr. Stevens asked how the sixty foot road would be laid out and Mr. Burns replied that there will be four, ten-foot lanes and shoulders on either side to include utilities. Mr. Viano asked if the First National would use the right of way for parking and Mr. MacDonald replied in the negative, and said this does not serve as a right of way. Mr. Viano asked if he had a right of way to drive over and Mr. MacDonald replied in the negative. Mr. Stevens asked if he had any right of way what- ever and Mr. MacDonald replied in the negative. Mr. Seth said that it was hoped there would be a road there some day. Mr. Viano said it was his understanding that the First National Stores started here at ten feet and ran to seventy feet to the center line of the brook. Mr. Burns said that the town is ten feet from their property. Mr. MacDonald said there is twenty-five feet differ- ent all along. Mr. Viano said that was right and he was figuring this right of way and thought the ownership was in the First National name. He said they take the center line of the brook. 66 Mr. MacDonald said in other words, you move this whole thing over twenty-five feet. Mr., Viano said that was right; sixty feet on this side, coming down to zero to his property. He said he thought the way he had it set up originally, but not as it is here was a fair proposition. Mr. White said he would give up ten feet along the line but not fifty-eight feet. Mr. Viano said he would give ten feet on his side if the First National would give ten feet to straighten the road. He said he would not give sixty feet on the main street. Mr. Burns asked if Mr. Viano would come in with ten feet and the First National will .give ten feet on the front. Mr. White said that on the lot line, he would give ten feet. Mr. Burns said that it just would not fit that watt. Mr. Viano asked why the town doesn&t just take what it wants and let it go at that. Mr. Stevens said, assuming the Town Meeting says the road is going to be put where they want it, it would mean getting an eminent domain expert to tell what the damage would be. He would determine the market value of the property. That could be used in one of two ways. One way would be the basis of evidence and one the basis of taxation of the assessors. It has some angles on both sides, and he does not know if these property owners would be pleased. He said no one can tell what the Town Meeting will do. He said, considering all the aspects, the better way is for some arrangement to be worked out among the three land owners so that when the Selectmen present the matter to Town Meeting it will be on the basis of no damages. Mr. Viano asked what the betterments would, run from and Mr. Stevens replied it depends on the cost of the construction of the road. Mr. Burns explained that it would cost about $50 a foot, not counting the drain and all the rest of it:. Mr. Viano said he thought betterments were usually 50-50 and Mr. Burns explained that they are on sewers but on streets they some times run as high as 80% and some times they are higher and other times they are lower. He said it depends on the Board of Selectmen who determine the betterment. Mr. Viano said that these property owners would be paying about $20 a foot. Mr. Stevens said if it is going to be done on better- ments. However, if it can be worked out so that the land would be given, the amount of betterments would be added11 67 to the price they would receive. He said if everyone gives the land to the town, he understands the amount of betterments would be added to the price the people would receive. He said if everyone gives tie land to the town, he understands it would be built without betterments. Mr. Seth said he is in accord and ready to give whatever is necessary to build the road. Mr. White said that the First National could not give more than ten feet without spoiling their plans; that is the maximum and compensation land is not going tb help. Mrs. Maxner said they would give eb atever is neces- sary to straighten the line out. Mr. White said he thought they could work out a plan on that basis. A true record, Attest: Clerk, S✓ ectme(n 1 1