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HomeMy WebLinkAbout1951-08-13-min 522 get SELECTMEN'S MEETING August 13, 1951 I A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, August 13, 1951 at 7 :30 P.M. Chairman Nickerson, Messrs. Emery, Gay, Driscoll and Hoyt were present. Mr. Burns Supt of Public Works, Mr. Stevens, Town Counsel, Mr. Adams, Chairman of the Planning Board, and the Clerk were also present. Chairman: What brought this meeting to a head was a letter from Bill Ballard, dated August 6th. It recalled that no progress on the Edison Way project and the Scott property matter had been made. George and I were talking about it and decided it would be wise to get all interested parties together and talk around the table and see if we could Edison Way get the wheels of progress started again. From his letter, he feels he has not rece- ived the proper data on Edison Way. To the best of Bill Burns' knowledge and to the best of my knowledge, we had a meeting early in May and he told Bill what he wanted, and Bill got it to him on that day, had it sent to him. It has not sufficed to give him what he wants. He said he wanted a layout of the road and the grades of the new road so he could tie in the back property. Burns : Correct. Mr. Balland arrived at the meeting and gave the Chairman a letter with reference to the Woodland Bird Sanctuary property, a copy of which was left for Mr. Woodland Burns and also for Mr. Stevens. The subject was dis- Bird cussed and Mr. Ballard declared himself agreeable to Sanctuary accepting a definite construction plan to be prepared by the Town Engineering Department. Mr. Ballard's committee will study this plan, correct or approve same and upon final correction, sign a release giving the Town permission to perform the work on this private property. Chairman: I would like to go into the other items that you have worked on for us because Alan has come down tonight to meet with us as Chairman of the Planning Board and he has a meeting at Edison Way 8:15. I would like to start with the discus- sion of the other two items that you have been kind enough to work on. 523 You know the reason for meeting here is to see if we can't get the wheel on the track and get it moving because you have inferred, correctly, that the Edison Way owners ' agreement was signed Dec:ember 31, 1950 and here we have gone with no parti- cular progress . Bill, we tried subsequent to our talk in May, we thought we had worked up what you wanted and given it to you. It is apparent that we haven't. We still are anxious to give you what you want so you can use it in your negotiations. It is the only way we can avail ourselves of your professional capacity which you offered to give to the Town. I want to read a paragraph of your letter of June 6th. (The Chairman read the last paragraph of the letter) . That is quite more of a bill of goods than we thought you wanted when we talked that morning. If you wanted this, I did not get it and Bill did not get it. We want to give you what you want, but I want to be sure that all this data is nece- ssary because some of it will be expensive and slow. Chairman: We are talking about two different plans. Edison One is a taking plan and the other, a Way construction or finishing of the` whole road. Chairman: It would be a complete layout which we did not think you wanted us to go to the expense of furnishing. You now have the layout of the road, but you say it has no sidewalks, no fence location and no lighting, but it does have the gradien running through it. Burns: That line was put on as a suggestion when we talked to the owners to see if they wanted any change. Chairman: We thought you wanted enough data to take to your people, with whom you were conferring, and if they still were in agreement with the layout, we would consider it again and go on from there. We don't want you to go in with a handful of stuff you are ashamed to present. Ballard: What you have is a taking plan and an elevation. There has been added a tentative grade line of where you would recommend that the street go. 524 I think your recommendation will receive approval of the Selectmen and all the owners. In that you mention one item, that of adjusting the grade of the O' Connell land. Bill was concerned about having a bulkhead there. I told him we could put in a temporary bulkhead instead of a permanent one and O' Connell would be satisfied if he had his fence moved back. Then came the invitation from the Planning Board at a time when there was not in exist- ence any plan of the street as it would be when completed. It seemed to me it would be helpful to everyone concerned to take the few steps necessary to decide what the objective was. Following Mr. Howland's visit to the Planning Board, there came a direct request, and repeated requests for the grade line that Bill later on gave us . They were negotiating to improve the property and were ready to consider, in connection with the new Edison Way plan, the filling and grading of their own rear property for parking for the use of the tenants and tenants ' customers, but not for any other purpose. That is one reason why it seemed to me that where you might have gone ahead with the taking plan and got authorization from the Town, there was a dif- ference of opinion between the Board of Selectmen and the Planning Board. You should make your own decision as to whether a completed street Edison Way was what you wanted to approve. The agreement with the Boston and Maine requires you to do a part of the street, a two-way street, also placing a fence on their land to prevent trespass from the street over their banking. The reason you need the surface drainage and lighting poles on the other side of the street is informa- tion to Minot, Williams and Bangs as to how they might co-operate to have parking facilities there. The question of the plan you may have as to whether you are going to have meters on either side or both sides is important to William & Bangs. There may be some difficult engineering problems, but I think we are both making a more serious matter of this than it is. If the plans were not an advanced plan, but merely a sketch plan to see if Bill Burns' recommendations and your ideas were in tune, you would then have that information. Chairman: That is what we have in mind. We had hoped to get some common ground, if I use the right term, on which we, you and the Planning Board, with the Planning Board' s approval, could get this thing done and proceed with the next step which would 'be preparing the data for a Town Meeting vote. 525 That is why we are anxious to have Alan sit in with us tonight. I think we should ask him now to have the floor and ask any questions he may have in his mind, or to give us any ideas he might have. Adams : As you know, at the time of the Town Meeting, we went along only with the short piece of Edison Way to the track. When it was postponed, we decided to study that plan again together with a general overall parking plan for the entire Town. At the present moment there are about as many ideas on Edison Way on the planning Board as there are Members. I realize that a decision should be made one way or another. There is one factor that I think is bother- ing us. We are looking at it as an overall entire parking area. It is a thing we must get on with right away. In fact, it is on the agenda tonight. Chairman: To be frank about it, have you any idea as to whether your Board is going to feel so strongly about the possibilities of any buildings being built along Edison Way that they will be not in favor of this proposed street, or do you think that the feeling is changing a little. Adams : No. I think the feeling is very strong. The last idea was to go through with the street and have the Town take some of the back land for municipal parking and not just parking for stores. Chairman: Were you aware of that? Ballard: I heard some mention of it. The present owners have no thought or intention, and they think it would be bad policy for them, to put up any buildings facing on Edison Way except it were a part of the buildings facing on Massachusetts Avenue. As far as a taking, they are owners of property, and subject to the wishes of the Town of Lexington. If the Town takes it, process of law will determine what the costs are. Stevens: The cost would be very high. Ballard: There is no desire on the part of the Municipal Real Estate Trust to participate in a taking of that kind or join in planning for that. They would say that it is our land if you want it take it and pay us for it. We would rather continue as we are. Alan, you mentioned two parts of Edison Way. You can't according to the present plan, take any part of it. They are not willing to present it to the Town except as a part of this whole project. Co-operation will come as a whole plan. 526 Adams : They decided that before the last meeting and I don't know if they knew it. Mr. Howland said they had no intention to build on the back street. He made it very clear and everyone heard it. Chairman: It is true that if the Planning Board does not look with favor on this overall scheme and they decide to put in a report against it, that it will hamstring the whole prop- osition with the Town Meeting vote. Ballard: It would be a bad Situation and I think we should at least have a plan for a completed street so that everyone would be talking to that point. When that plan is completed if the Planning Board would like me to have a session, I would be glad to. If I have no plan of a completed street with every utility and everything in it, I have nothing. I hope the Planning Board will also consider the second gain and that is the gain that will Edison Way furnish the O'Connell and Hunt properties with the rear access which they do not now have and they will be co-operative in working out a plan to widen Massachusetts Avenue, The minute the back street is built, O' Connell, except for the Atlantic & Pacific lease, will find it profitable to use if for another store. He can't use if for a store unless he puts a building on at his own risk because the Town has put a setback there. Adams: I think the facts have been presented to the Planning Board. Ballard: I would like a plan incorporating Bill's ideas and the Board's ideas and then let the Planning Board have it. Chairman: If progress is being held up because of a lack of a drawing I want us all to understand it, but I can't see why, with the different Boards and the people you are negotiating with, if we have the layout of the street and the grade drawing which is on there, it should be, I would think, easy to put in where the street poles will go or the lighting poles and easy to put on where the fence is to go and easy to put on where the sidewalks are going to be and how wide they will be. What I am leading up to is this. That could be done informally without all this squad of engineering work on it and get the data to go with it, with the understanding that it is not the finished plan but the diagrammatic layout with correct grades and correct location of the street. 527 Burns: You want "a preliminary play? Ballard: Just like my letter to you of March 21st. Burns: I have no point in holding the work up. If the preliminary plan is what you want you can have it within a week. Chairman: We must understand that it is e good diagram. We are not opening any damage suits are we? Stevens: No. Hoyt: Minot, Williams & Bangs want to know where the parking meters will be, but we can't put that in at the moment. Ballard: I would like your suggestion. If there are parking meters they are going to b® on the railroad side. Burns: I can show you that now if you want to see it. Adams: I think whatever is recommended should go in unanimously for both the Planning Board and Selectmen. Edison 111 Chairman: if any of your Board want to hamstring this and Way we want to go ahead, how are we going to do it? Adams: Let us, at our next meeting, reach a decision so you will know where we stand. We should come to some point. I don't know when our next meeting will be but we will put it number one on our agenda and we will let you know where we stand. Emery: I suggest if we don't agree, that we have a joint meeting and try to agtee. Hoyt: Has the new Board of yours talked with Mr. Ballard? Adams: I don't thihk he has been in since March. Ballard: I don't want to talk to the Planning Board without the Selectmen's plan. Adams: There would be no point in your talking with us until we agree to some specific plan. It might be that, guessing a little bit, we would say we are not interested in municipal parking aid at all. If we decide that, there is no point in our seeing the plan at all. 111 Chairman: If you have the plan to look at, you might not be so definite in your stand. 528 Ballard: I am merely working for the Selectmen and since we have started this thing let us carry it through. ' Mr. Adams retired at 8:15 P.M. Ballard: How can we express this thing to anyone unless they have a complete packaged article all put together? Chairman: We have heard Mr. Burns' statement that he would have a preliminary plan in a week. Ballard: Let ' s make the delivery over the table next week. chairman: We would be glad to have you meet with us next Monday night. Emery: Wouldn' t it be easier from the point of view of the Planning Board if we left off the question of parking meters entirely? Ballard: Sure. Leave it off . That will be fine. Emery: The question of settling the parking meters will be settled by the Selectmen either with or with- out the Planning Board when it comes up. Hoyt: If you leave out the parking meter argi�.ment you ' will have accomplished a lot. Their agrument is for additional parking facilities while ours is for continual flow of traffic. Emery: If it is a question of giving into the Planning Board, I would rather sell out on a few small things and get the big things through. Mr. Burns presented a parking plan indicating the number of cars that may be parked with the street and also the number with- out the street. Ballard: You have meters up on the Boston & Maine land where they will still continue to have a parking area themselves. Burns: Nevertheless that will still add to the parking area in the Town. Emery: Do you contemplate a complete aide for driving in? Burns: Yes. Chairman: If you cork the alley will you have anymore room for parking? 529 Burns: No. Hoyt: What is the street width? Burns : I think it is a 501 street. The original taking was a 401 strip, and a 401 roadway was discussed. The entire width is 401 with a 5' sidewalk with about 71 for the cars, leaving 281 for the traveled way. Chairman: Do you think it is wide enough Burns: With the space as it is there, it would be. Chairman; That would seem to bring us up to a reasonable point on the Edison Way. Ballard; Yes. The Municipal Real Estate Trust is ready to have this laid out for parking. I think it would be helpful if you would tell me what the points of level are. I don't mean this minute, but I would like to have it in black and white. Burns: I will put the grades on the plan and send it to you. Then you want a preliminary plan on a 201 scale showing proposed pavement, proposed parking, proposed lighting, if any, and drainage. Chairman: Is a week time enough? Burns: A preliminary plan on tracing paper showing general features and approximately what is involved, one week. It will not be a finished plan or one to build from. Chairman; We have made a date for Mr. Ballard for next Monday night. Burns: It will be ready next Monday night. Mr. Ballard then discussed the Scott property and presented a plan dated July, 1944, showing the Massachusetts Avenue widening. He also had a blueprint what would be cut off and proposed straightening of the present lines. (Scott property and Emery Park Property) to a right angle. Ballard: The original plan I tried to work out with Scott was to sell him the fire house property for $3,000 and pay him $20,000 in two bites for the front piece. I did not succeed in that. A few months ago he had his attorney redraft the statement I made and he turns up with the sum of $28,000 and he pays $3,000 for this; one half payment when the taking was made and the other half at the end of five years. He would have use of the property and it would not be assessed. 530 b CD There are other side agreements that his attorney put in and that is where I needed help to put the agreement in more practical form and also to have the Town Counsel say we could or could not do that. That was for the purpose of negotiating and nothing more. I don't need more from you except to say you are still of the same mind to acquire 25' in depth of the Scott property. Stevens: There has been talk of $3,000 on the fire house site. Is that satisfactory? Ballard: The important thing is the condition of the agreement and the price follows after. I would not want to argue price. If we can get something as to what can and cannot be done, then discuss it with Scott as to whether he was interested in the proposal on the new dollars or if he thought he would not be content with the lesser price. Stevens : He asked for a $20,000 abatement when he conveyed the 25' strip. I suppose he would want less abatement when he was given more money. Was it your thought to put in the draft that it will be abated by $20,000? Ballard: That is a question I ask you. I suppose the Selectmen and the Town can only work, can't do anything in a current year. Stevens : Some agreement can be made as to how much or the land value is to be abated. The title would go to the Town. We can't tax our own property. If you are going to abate the tax it would have to be abated as soon as we get title. Ballard: That is why I want your help. Stevens : Is there going to be an abatement granted and not tax the building? Ballard : If the Town gets the property I don't see why there should be any abatement made in lieu of taxes. Can we trade on the price of the fire land? There are six or eight elements of trade. Stevens: Are they all in the form of blanks in the agreement? Ballard: Suits me all right. I don't know what the Town can or can't do and I would appreciate your help. Stevens : I would not like to draw an agreement with a whole lot of blank spaces to be filled in and come back, in a way, not completed when it went out. 531 Chairman: We have asked Mr. Ballard to try and negotiate with Mr. Scott and we have not told him anything as far as data is concerned, and have asked him if he can come up with some agreement to which Scott would agree. We would then see if we could agree to it. Ballard I have done everything you have asked me to do, but the thing has been stalemated because Mr. Stevens ' predecessor has not given me the information asked for. As a negotiator I can' t agree with my friend the attorney. If friend attorney wants to look at it from a negotiating point of view, he would put in the blanks. I want the frame work. We want to work out an agreement whereby this man can sell his property to the Town, but leaving the matter of when the Town can take it over to Scott, anytime within the next five years. He can then tear down his building whenever he wants to and give you one year's notice . Chairman: If you get the frame work and show it to Mr. Scott and look it over with him and fill it in, it is no commitment on the Town's part. Ballard: I have already done that. I had his attorney go over • it and come back with his suggestions to me. • Stevens: Is the transfer of the small parcel in Depot Square conditioned on whether or not this piece can be used for Emery Park. Ballard: No. If the Selectmen want it squared off they I assume, ask if you can make the change. They will also ask if the ownership of the Town is such that you can again widen the street. It has nothing to do with Scott except straightening the line. He does not request that the street be widened. If you don't want to square it out, that is one thing. If you want to leave it where it is, we can go back to that. We can determine the details when you have an agreement on the part of Scott. All I want is Scott's signature on an agreement so you gentlemen can accept it or not as you please. Stevens : Merely an offer by Scott rather than a two-party agreement conditioned on vote of the Town Meeting? Ballard: I would like a statement from Scott that he is ready to go forward on an agreement of that kind. Stevens: This will have to have the consent of the Boston & Maine. Ballard: First get Scott' s proposal and a form of agreement. He has been the one to call me the last three times at three-month intervals. Why don't you think it over Harold and not ask the Selectmen to settle on the price until we get it in shape. When it is in shape for their approval and my asking Scott to determine if he is ready to go ahead on it. b Stevens: I would rather have it drawn up as a proposal from Scott. Ballard: Whatever you want is agreeable to me. The first thing is to get a commitment from Scott. Then when we have that, let us sit down and check them off and see what the net total is. Emery; If you had a firm offer from Scott what consideration would you give him to make it legal? Stevens: If you accept it, then put it in a form of two-party agreement binding upon Scott and binding by the Town, only when approved by vote of the Town, it would ob- tain the obligation by the Selectmen to present it to Town Meeting. Emery: Could we say that if the Town votes yes on this it is something that can be enferced? Stevens: Yes, I should think you would get an offer than have a discussion and then put it in the form of an agreement. Chairman: What would be the timing on this? Stevens: I will have something to show you next Monday night. It will be enough for you to look over. Emery: If we draw this up as Scott suggests and he signs it, then every change we want to make gives him an excuse to back out of it. Stevens: Yes. Emery: Would it be a good idea to iron out these things and see if they would be acceptable to us? Chairman: In the first place Harold will not put anything in that would be illegal. Emery: I mean the seven or eight things Scott wants for the twenty five feet. Stevens : That will have to be in there if I am drawing it as he wants it. Emery: When he signs, it will be on the basis of what he wants. Chairman: Harold will lay out the frame work and bring it in next Monday night. Isn' t that the time to decide. Emery: I think we should decide how we are going along with some of these points before we give the agreement to Scott. Ballard: I would rather have the continuous okay from the Board of Selectmen as I go along. First we want to agree in principal before talking about signatures. The only reason I am talking about signatures is because Mr. Stevens talked about a proposal. 533 We will iron out the points before we go to Scott. We are not anywhere near the point where you want to invite Scott or his Counsel to sit down. There will be no signature by Scott until you are ready to have a signature. You must rely on your negotiator. There is a period of negotiation between the time you see the original draft. We are no where near the point of agreement on this. Stevens: Do you want a proposal or advice on points from one through twenty as to whether the Town can or cannot do this. Ballard: I made an agreement and Scott made some additions to it. Stevens : I just have a feeling against drawing this with everything he might want, to be presented to him before it is discussed by the Board. Ballard: You will confer with me. We can then decide what is good for the Town to do from a legal point of view and exclude the things that are not practical to do. Stevens: Let me draw something for next Monday night and we will discuss it point by point. Ballard: All right with me. Mr. Ballard retired at 9:00 P.M. The Chairman read a letter from Leonard Jellis, Sr. requesting the Board to have the Public Works Department dump some gravel on Reed Street in front of his house, claiming it is very dusty when dry and holds water after a rain storm. Mr. Burns explained that Mr. Jellis had called him and he told Jellis that he would assume no responsibility in doing anything on Reed Street. Mr. Burns told the Board abandoning proceedings could be started. Jellis Mr. Stevens explained that if anyone should show req. for up and claim title to the triangle, there could be a gravel on claim against the Town. Reed St. Mr. Burns suggested putting it through land court and then abandoning it. Mr. Stevens said that if the easement is abandoned the fee will have to go where it was and he would have to find out where the fee was. The Chairman said that if gravel is put in, it would be all right because it is an accepted street and if oil is put on it, it would be all right because it is an accepted street, and asked about the amount of money involved. 534 Mr. Burns said that he would have to do a good job to satisfy Mr. Jellis. Mr. Emery suggested that a load of gravel be dumped on the street and oil spread on it in an effort to avoid Mr. Jellis going to the County Commissioners. Mr. Stevens said that this is definitely a Town way forced on the Town by the County Commissioners. He agreed to check the records further relative to the status of the street and report next Monday night. The Chairman read a letter from Robert L. Innis in which he referred to his letter of May 14th requesting Innis req. an extension of the water main to service lots on Leroy water on and Ellison Roads. Leroy and It was decided to request the Health Sanitarian Ellison to advise the Board relative to the status of the Roads property insofar as cesspools or septic tanks are concerned. If he approves the area, the Board can consider the application. Letter was received from Charles G. Esterberg, Jr., 263 Lincoln Street, complaining about the Five Forks Esterberg Service Station. According to Mr. Esterberg, second- complaint hand cars, tractors and trucks are being sold without a license. It was decided to request the Police Department to make an investigation and report. Mr. Steve s said that some time ago the Board discussed howItaul Revere Road should be handled in regard to obtaining releases from the abutters. He said that Mr. Burns has a plan and he has given a form of release of any claim for damages. He stated that he thought Mr. Burns feels he is going to have to do something about letting the County Commissioners know if the plan is acceptable. Mr. Burns said that he had received a call from the State wanting to know if the Town wants the street built or not. They can let the contract in the Fall and start construction in the Spring, but Mr. Burns does not want to leave the street the way it is for the winter. The Chairman said that 50% or more of the land is Paul Revere owned by Powers and Sullivan and Mr. Stevens was going to Road give Mr. Burns a form Easements Mr. Burns stated that this has been done but if he talks to either one or both of them and they are not in agreement, it will take several weeks. The Chairman said that nothing would be done until the releases are obtained. Mr. Burns said that the State must have an answer one way or another and will have to be advised that the Town will not move on it this year and will not write a contract until releases are obtained. 535 The Chairman suggested giving the abutters an opportunity to agree or refuse to sign a release. Mr. Driscoll said that he would contact Mr. Sullivan and then advise Mr. Burns. The Chairman asked if Mr. Emery would be willing to proceed providing Mr. Sullivans signature is obtained. Mr. Emery said that he might but he has not seen the plan and asked who else is affected. Mr. Burns said that there is a Mr. Grassiano, someone to whom he sold a house and the Ross development. Mr. Emery said that by tomorrow night Mr. Burns Paul would know Sullivan' s attitude, would also have looked at Revere Rd. the dry brook and therefore know more than is known this easements evening. Mr. Hoyt said that he would be willing to pass a vote. Mr. Emery suggested that the Chairman poll the Board by telephone. The Chairman asked if Mr. Emery would have studied the situation so that he would have it in mind for tomorrow and he replied that he will either say yes or no. It was agreed that either Mr. Burns or Mr. Driscoll will advise the Chairman as to the result of a conference with Mr. Sullivan. Letter was received from Mrs . Rich, Temporary Town Accountant, requesting a transfer of $38.99 from the Leroy S. Brown Fund to pay some unpaid bills submitted by the 19th of April Committee. Transfer Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to request the Trustees of Public Trusts to transfer the sum of $38.99 from the Leroy S. Brown Fund to defray expenses pertaining to the 19th of April program. Letter was received from the Board of Fire Commis- sioners stating that said Board has voted to pay bills in the amount of $376.25 incurred as a result of injuries received by Chief Engineer Cook in an accident at a fire on Cedar Street. However this sum is not Transfer available in the Fire Department budget. Upon motion of Mr. Hoyt seconded by Mr. Emery, it was voted to request the Appropriation Committee to transfer the sum of $376.25 from the Reserve Fund to the Fire Department Ecpenses Account. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt it was voted to sign a Sunday Golf License for Country- LicMse side Associates, Inc. Mr. Stevens said that the Board might like to know about the removal of gravel from the Lexington Nurseries. ' He reported that the Chief of Police obtained a complaint against the driver of the truck hauling the gravel and Gravel the complaint is returnable one week from tomorrow. The Removal Chief informed Mr. Stevens that the owner of the truck Case will be brought in. 536 !c Mr. Stevens also reported on the Monsignore case Monsignore and said that he is starting a bill in equity to Case prevent him from operation a store on Laconia Street. The Judge granted an order that pleadings be completed within ten days and put it on the end of the September list in Middlesex . The case will come up for trial in October. The meeting adjourned at 10:20 P.M. A true record, Attest: Y4grlja/z