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