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HomeMy WebLinkAbout1951-02-26-min 371 SELECTMEN' S ME,. TING February 26 , 1951 A regular meeting of the Board of Selectmen was held in the Selectmen s Room, Town Office Building, on Monday evening, February 26th, at 7 :00 P.M. Chair- man Finery, Messrs . Gay, Driscoll, and Hoyt were present. Mr. Burns, Supt. of Public Works , Mr. Stevens, Town Counsel, and the Clerk were also present. Hearing was declared open upon Selectmen' s inten- tion to lay out as a town way acertain strip of land including Edison Way and extending from Edison Way to Depot Park, a total of approximately 840 feet. Notices of the hearing were delivered by Constable to all prop- erty owners deemed by the Board to be affected . Mr. William Ballard, Mr. Peter Oppenheim and the following members of the Planning Board were present: Chairman Cromwell, Messrs . Adams, Bateman, Couette and Johnson. The Chairman invited all present to inspect a plan prepared by the Engineering Department and said that about two years ago this matter wrs taken under consid- eration and was referred to the planning Board for ap- proval. The Planning Board seemed inteLested but as the Chairman recalled it, did not take any formal fav- orable action at that time . The Selectmen continued Hearing to believe it had a lot of merit and asked Mr. Ballard Edison to work along, and line up the details and secure the Way approval of the abutting land owners and then bring the matter to the Board of Selectmen. Ile said that Mr. Ballard his worked faster than the Selectmen have been able to This subject is ia the warrant for the March sown Meeting. "e said that the Selectmen are in favor of it and would like to ferl that the Planning Board would also approve it and give the Selectmen a report for the Town Meeting. He s. id that hewaould ask Mr. Bal- lard, who hasdone all the warp on the matter , to review the basis of it and the imNartant points. Mr . Ballard presented a blue print, similar to the plan presented by Mr. Burns and the discussion was ap- proximately as follows : Ballard: The parking Lot Committee of five or six years ago included in its report a recommendation of a twenty foot way in this sane area thinking the additional cir- culation would improve the parking fteilities. Many 1 372 cc E people now ride up and down the main street looking for a parking space . When I came to talk with the Municipal Real Estate Trust 4- found that they were not only interested , but interested to the point of being ready to contribute a forty foot right pf way. Plans have been drawn and redrawn several times. Storting at the Depot Square end of the plan you will see some 40,000 feet which the Boston & Maine is ready to give title to for the sum of 4200. , their engineer- ing expense and their officeexpense. It seems the I.C.C. rules require them to recover their expenses of that kind. They can' t make free gifts of land. That is how we come to work out thatplan. Working from the Boston & Maine end, and with their thought of enlarging and improving their parking area, it seemed best. Mr O'Connell has been reedy at all times to join. He signed the petition first and said it would be fair to ask the Selectmen to move the fence back onto the line. There is no other expense involved . That means some 320,000 feet. The Chairman soys the cost is about 12,000 to construct the highway. The net result would be getting a new highway at an overall cost of a square foot. The forty feet is adequate for a two-way road and how that orad is finally laid out and when depends on the Selectmen. A three-foot walk way on either side is enough which leaves• thirty-four feet for traffic. Coming up again to the Depot Park, the Boston & Maine want • the right of free access over the curb so they can use the parking area. They also require that the Town place a fence on their right of way. Chairman: How many feet is that? Ballard: I have not the measure but I assume it is included in your cost. Burns : Between 400 and 500 feet. I think the cost is figured high enough to take care of it. Chairman: You do not wish to revise the 412,500? Burns : Not unless there are other changes. Ballard : The roadway at Depot Park runs only to with- in fifteen feet of the curb et the station. They retain this as a matter of controlling parking. Without any agreements, but as a matter of practice, thatIfifteen foot strip r is kept clear of snow. The Boston & Maine want the same arrangement and have it kept clear from snow. 373 All of the owners have signed the petition except the Buston & Maine . The executive office of the Boston & Maine has approved, and at a meeting of the Directors tomorrow the agreement will be approved . Cromwell: I would like to ask what plans, if any, the property owners on Massachusetts Avenue might have re extending their stores further back? Ballard : The principal owner of frontage, Minot, Wil- liams & Bangs, have no present plans and have no plan of making any use of the rear portion of their lot. I have not taken that up with O' Connell, but it would seem from his asking to have the fence relocated that he had no plan for anything but to continue Es at pres- ent. Cromwell : Wouldn't it be netural to extend the business but to a road built along there? Ballard : It gives them an additional opportunity they don't now possess to build deeper stores through to the rear but there have been no plana made as far as I know. Cromwell : lssuming there are no real plans, wouldn't it be reasonable to assume, as time goes on, one or more will want to build out to the road and it will create more demand for parking and at the same time cut down available space? Ballard: I think when there is demand for 250 foot stores , the owners will be interested to build them but the people using 200 or 250 foot stores are limited ' to super markets and the Woolworth Company. No other tenant wants more than a 60 or 65 foot store. I have no thought in mind this would bring any relief to parking diffi- culties . The thought in my mind was to pro- vide circulation. I think there is some chance for additional parking, but I have tried to address myself to the one subject of getting a plan worked out agreeable to the owners so far as a street is concerned. So far as park- ing use of the lot there is there now, the Municipal Real Estate Trust said that if and when the street went through and if the tenants wanted to organize themselves and use it for parking purposes, they have no objection as long as they have the right of recovery at any 374 time for use to deepen the stores. I can only guess that it will be filled and levelled in bringing relief for the parking. Cromwell : Eventually as the town grows, it seems that the trend would be towards combining some of the store frontages and making it possible to have deeper stores, and over the longer term there would be a tendency to take ad- vantage of the new frontage. If new frontage is provided, I think the tendency is to build on it. If that comes it would create the demand for more parking and at the same time cut down the available area. That is what we have in our minds on any plan Which involves simply a street. Couette ; With additional street frontage opened up, say they did not go back with the present stores on Massachusetts Avenue, they then could elect to put a type of store in with just a frontage on this particular way there- by eliminating any possibility of parking within the interior, so you could, under this scheme, set up a new shopping street. Ballard : I have not heard any such thing mentioned . It is possible that such a thing might hap- pen but with the increasing cost of building, I eat ►t see how the owners would find any profit of building anything on the frontage of the rear street. It would not bring in enough return. Couette: I wondered also if it would seem logical in assume that a conference with Minot, Williams & Bangs, who control the area there, might be able to determine at approximately what point within the next five or the years they might be expanding and secure from them an agreement to allow the open area to remain for parking. Ballard : I should think it would be very difficult to expect to secure any such agreement from them. There is no reason thy they should place restrictions on their property. If we do not go along with this there is just more congestion on the front street. The only thing of interest to them would be the :175 deepening of Lhe front stores. In most Metropolitan Boston communities there are two or three stores which like deep stores - Woolworth and super markets. The Wool- worth lease in Lexington has been renewed for a period of years . I doubt ifthere would be any incentive for the owners to deep- en their stores for tne or fifteen years. Couetter It is possible that they would like to. Un- der a percentage lease the owner benefits in some proportion depending upon the volume done on the olock. I know the Planning Board the merchants and the townspeople are con- cerned with the fact that we need parking area and need it badly. Circulation by means of that street is a healthy thing, but I think that some of us have been thinking it would led to desirable parking area in the rear, and if that is not true, that is some- thing we should know. Ballard : I suggest that we direct ourselves to the opportunity we have and not try to consider two things at once; the street circulation and parking. Minot, Williams & Bangs have told me orally if the street is constructed, and if their tenants wish to improve and op- erate the area for parking purpQses , that will be welcome . Nothing was said about it beinb $1.00 a year or any other figure. They feel it should be subject to termination by them when there was demand for higher and better use . Couette : Would Minot, Williams & Bangs allow the use of the land without any exper.se to them? Ballard ; I have no reason to assume that at all. The construction of the street the. e immediately makes the property worht more money and it canu be assessed at higher figures and the net re- sult is more taxes for the town. Adams : You said O' Connell spoke about putting his fence back. I think the worst traffic hazard is the exit. Do you think he would have an opening in the fence in the rear? II f 376 CC Ballard: I think there is every reason for him to do that and make a financial gain. The Town has a building line there and he may not build on it except on the penalty of not receiving anything when the street is widened . There have been talks from time to time about completing the widening of Massachusetts Avenue and the Selectmen have conseted to my discussing plans along that line with the Scott ownership. We may have an opportunity to do the same thing with O'Connell. When that is done I think you would see the whole front used for store pur- poses. lie can do that only when he has the rear access. Adams : I mean at the present time enter from 4assacnusetts Avenue . Ballard : There was a request to relocate the fence because the street construction might come at the time when he was not ready to move . Bateman: Didn't O'Connell make an agreement to let the Town have the buillding line for less money if he has the rear exit? Ballard: No. I think we will have to go along with just what we have. I don't think we can ask the owners to do more or differently than what has been worked out. Cromwell: You say there two subjects - one circulation and one parking and that you were not part- icularly concerned with the parking. What are the questions which you consider in thinking of it as a circulation problem? Ballard: I think it is immediate relief from the traffic we have on Massachusetts Avenue. There is ad- itional parking space if the Selectmen choose to use this street for parking. Cromwell: Was any consideration given to conxtinuing out to Meriam Street? Ballard : There was to the extent that the Selectmen asked me to sell the fire house site so I am familiar with the Scott attitude on that. I am familiar with the people who own the rear piece. It seemed better to go ahead and finish this job first. I 377 Couette: Would this be a one-way street? Ballard : No. I have nothing to say about the traf- fic. There is adequate width for a two-way street. The Boston & Maine require that it be a two- way street there. Oppenheim:With the disappearing of Route 128 the traf- fic would be much less ; would a street without parking be of much use? The main traffic comes from Route 128. Ballard : I think the population of Lexington will con- tinue to grow Oppenheim:The main accent will then be on roads. Park- ing is our headache and not the traffic . The main headache is to find a parking space. Ballard: Review the report of the Parkin, Committee of five or six years ago. I think there is merit there. Bateman: Were y..0 referring to Muzzey and Waltham Streets? Ballard: Yes. Cromwell: I think the Planning Board takes the view that very few other towns have enough parking space, no matter how much isprovided and that even using the area inside the block of Minot Williams & Bangs streets and possible other ares , we can't come up with any answer that there would be too much parking or even enough. If all this went to parking, there is no in- dication that there would be too much by any means. It is our view thatine of the needs is the matter of having enough parking area. This is an area and it just seems that be- fore it is put in a position where a new street is opened up, and mayue not for some years, but eventually it would lead to deepening the present stores or having smaller ones on the new road, it would tend to make the problem more difficult as we see it . We do not think we know the last word on this , but that is the way our thinking h s been moving. II Gay: What is the deepest lot after you take the 40 foot street you have to uuild? 378 Burns : Almost 100 feet . Gay: If the business men allowed it to be used for a parking area, how many cars cold you park? Bateman: We have had seventy five in there now. Gay: Would the business men have any objectionto the general pbulic usin it for parking' Bateman: If the business men pay for it, they are en- titled to some consideration. Gay: Aren't you accomplishing your purpose if the deepest lot is only 100 feet? You won' t be able to build too many stores. I should think you would be opening a parking area as well as having circulation of traffic. Cromwell: You are opening up a larger parking area, but you are also opening up a larger building area. Chairman: Any more questions on the details of this prop- osition? Cromwell : I have given some ideas , but that does not mean that we have taken a stand out merely to show you what we have been thinking. Now that we know what the plan is we would like an opportunity to think about it. Ballard : We 11 realize there are three types of parking - all day parking for merchants and employees, halfhour parking and the five minute parking. It seems to me you could relieve the situation if you think in terms of the all day parker. The Boston & Maine will welcome suggestions for the area_they have between Hancock Street and Meriam Street. The merchants and employees could park there all day long. The group, with the exception of Mr. Stevens and Mr. Burns, retired at 7 :45 P. M. Mr. Mascarello ' s complaint relative to sidewalk plowing ws held over from last week. Mr. Burns said that this subject came up two or three Sidewalk years ago and trouble was encountered with the Seths. He Plowing said that there is a place down near this end where the sidewalk would have to be widened or built. 379 It was agreed to advise Mr Masaarello that the entire program of plowing sidewa.l.ks is to be re- viewed some time between now and next Fall. Mr. Kochis+ complaint about drainage was also held over from last meeting. Mr. Burns reported that there is only one way to eliminate this complaint. He said that personally he does,not think the town has any legal responsibilityand to dispose of the prob- Drainage lem will cost between $500 and $600. He said that if a pipe is put in the field he would not want to assume Complaint the maintneance of it after beery rain storm. If an open outlet is provided , there will be the problem of placing bare across it; however, he prefers not to assume the responsibility of this particular problem because of the fact that it is on a State highway. The Chairman asked if Mr. Burns had any recommen- dations and he replied that he does not think the town has any responsibility. As far as cleaning it out, he would not recommend doing anything with the sun parlor inits present con- dition. There is only one thing to do to satisfy these people aid that is to put in a drain. Mr. Stevens said that he judged that the town does not have too much responsibility in the matter. He said that it appears to him not to be a case where the town collects water in a pipe and throws it off on the land. The Chairman suggested, and the Board agreed, to advise the complainant that the town has no responsib- ility in the matter. Letter was re eived from F. Chas . Starr, 8 Ply- mouth Road, with further reference to the intersection Starr of Tower Road and Massfchusetts Avenue . Mr. Burns Complaint reported that he has had a plan drawn, located the poles, trees, etc. and forwarded it to the State. He is also having a traffic count made both mornings and afternoons. Petition was received, signed by five residents of Bedford Street, requesting that their property be Sewer included in the proposed sewer extension. It was the Extensions opinion of the Board that no decision could be made until after the Town Meeting. Mr. Stevens said that he would like the Boardts approval to settle with Kendall Johnson on the Kour- ian claim for damages on the w. dening of Grove Street. Mr. Kourian is contesting a water betterment asse Oment and owns land on both sides of the street. 380 C He will now settle if the Board defers without interest, under the Statute, the watLr betterment Kourian assessment on the land not built upon. Claim Upon motion of Mr. Hoyt, seconded by Mr. Dris- coll, it was voted to authorize Town Counsel to set- tle the Kourian claim in whatever manner he believes will be to the best interest of the town. H- Mr. Stevens referred to Bill H-1558, a Bill to Bill 1558 prevent opening of ballot boxes in towns during voting hours, and recommended that the Board be recorded in opposition. It was agreed to authorize Mr. Stevens to contact Mr . Ferguson and instruct him to record the Board of Selectmen of Lexington as being opposed to this part- icular Bill, the hearing on which is scheduled for March 7th. Mr. Stevens also referred to Bill H-1550, a bill Bill H-1550 to provide for more adequate facilities for registra- tion tion of voters. He had no opinion on the subject. No action was taken. Letter was received from A. R. Shea, 6 Westmin- ster Avenue, together with estimate in the amount of Shea Claim $49 for repairs to his car. Mr. Shea stated in the letter that while he was attending a meeting in the Hancock School, snow and ice fell from the roof of the school and damaged his car. The Clerk was instructed to forward a copy of the letter to Town Counsel and ask if, under the circumstances the Town is liable . Letter was received from W. S. Couette referring to drainage on Blossom Street and Allen Street. Mr. Blossom St. Stevens agreed to look at the area again and give the Drainage Board an opinion next meeting. Messrs . Burns and Stevens retired at 8:20 p.m. Petition was received from the Boston Edison Com- pany and the New England Telephone & Telegraph Company for approval of joint ownership of the following poles Pole Location now located on the CambridEge-Concord Highway. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to approve the following jointly owned pole locations : Cambridge-Concord Highway, southeasterly from, a point approximately 65 feet southeast of Mr.. Tabor Road, tan. (' 0) poles . 381 Petition was received from the Boston Edison Company and the New England Telephone & Telegraph Company for approval of the following pole location: Airport Road, at the Lexington-Lincoln Town Line - One pole, guy wire and anchor. The Chairman read a letter from Lawrence E. Stone, on behalf of the Lexington Drum Corps requesting per- mission to conduct Tag pays on March'30th and 318t #'rbm Tag Day 8:00 a..m. intil 94-00mp.m. The purpose -of the dri4e is to raise funds to pay for uniforms and. equipment. Upon motion of Mr. Driscoll, seconded by Mr . Hoyt, it was voted to grant the request. Request was received from William Maloney, on behalf of the Lexington Boys ' Club, for permission to conduct a paper drive on Sunday, April 7th. Paper The Clerk was instructed to contact the DeMolay, Drive who had requested a permit for March 3rd but had been denied because of the fa t that the V. F. W. is con- ducting one on March 4th, and ask if they plan on hold- ing a drive. If not ,permission is to be given to the Boys ' Club. Letter was received from Mrs. Ann Culberston, on behalf of the American Legion Auxiliary, requesting permission to erect a booth at the corner of Meriam Booth Street and aassrchusetts 1i.venue on April 19th. April 19th Upon motion of Mr. Gay , seconded by Mr. Driscoll, it was voted to approve the request and grant a per- mit. Application was received from the Lexington Grange requesting permission to hold a Fair in Cary Hall on Use of hall Saturday, September 15th. Upon motion of Mr. Hoyt, secondeu by Mr. Gay, it was voted to grant the request subject to a charge of 105. Application was received from the V. F. W. request- ing permission to hold a meeting inEstabrook Hall on Tuesday evening, March 6th. Upon motion of Mr. Driscoll, seconded by Mr. Hoyt, it was voted to grant the request free of charge. Letter was received from ars . Morey, Chairman of the Lexington School Committee, enclosing petition from parents in the Garfield Street area requesting bus School bus transportation. The Clerk was instructed to ;,ive a copy of the letter to Mr. Burns and request him to discuss the sub- ject with Town Counsel. 382 The U'hairman mentioned Mrs . Sexton's letter with reference to her property at the corner of Fletcher Avenue and Masst, chusetts Avenue . Sexton Mr. Host said that he though she should be in- Property vited to meet with the Board and told just exactly what the situation is and that if the figure quoted in her letter is ner price, the Board does not feel justified in recommending more than 420,000 to the Town Meeting. The Board agreed and the Clerk was instructed to make an appointment for Mrs . Sexton to meet with the Board next Monday evening. The Chairman mentioned Mrs. Sorrentino ' s meeting with the Board two weeks ago relative to the sewer ,Sorrentino betterment assessment levied against her property Betterment on Fottler Avenue. The Board was of the opinion that it would not be justified in making any change. The meeting adjourned at 9:05 P.M. A true record, Attest : 1 k, elect len