HomeMy WebLinkAbout1953-10-13-min X10 �
SELECTMEN'S MEETING
October 13, 1953 I
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room on Tuesday evening,
October 13, 1953 (Monday being a holiday), at 7 :00
P. M. Messrs. Nickerson and Gay were present. Mr.
Burns, Supt. of Public Works, and the Clerk were also
present.
Mr. Reed, Chairman of the Board, met with Mr.
Nickerson in the afternoon, went over all the items
;isted on the agenda and made a notation as to how he
would like to be recorded on items requiring a vote of
the Board. Therefore, all votes passed constitute a
majority of the members.
Mr. Gay acted as Chairman.
Petition was received, signed by residents of
Patterson Patterson Road, requesting acceptance of the road by
Road the Town and also calling the Board's attention to
the fact that gradi.36 of the shoulders has not been
comple ted.
Mr. Burns explained that the street was con-
structed under the subdivision regulations, and it may
be accepted by the town without further expense to the
abutters . He stated that on occasions property owners
do not want the streets accepted and therefore he told
Mr. Rosenblum to send in a petition requesting acceptance.
Mr. Burns further explained that grading the shoulders
is not the responsibility of the town, but is up to the
subdivider.
It was agreed to acknowledge the communication,
advise Mr. Rosenblum that acceptance will be submitted
to the Town Meeting in March, and that completion of the
grading of the shoulders is a responsibility of the
subdivider.
Letter was received from Mrs. Maude F. March re-
Request for questing installation of water to service her houses
Water at 52 Bellflower Street and 45 Freemont Street.
In view of the fact that an appropriation is
necessary, it was agreed to advise Mrs. March that the
project will be considered when the 1954 budgets are
prepared, but that does not necessarily mean the work
will be approved and funds voted by the Town Meeting.
Letter was received from Ernest C. Martin request-
ing installation of a street light on Rowland Avenue.
No action can be taken this year inasmuch as the money
Street appropriated has been allocated. It was agreed to so
light advise Mr. Martin and tell him that his request will be
considered subsequent to July 1, 1954.
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Letter was received from Robert K. Taylor, 2591
Massachusetts Avenue, relative to relocation of a j/o
utility pole now located on his property. Mr. Taylor
does not want the pole in front of his property. No Pole
petition has been received as yet from either the relocation
Boston Edison Company or the New England Telephone &
Telegraph Company in this regard.
Mr. Burns informed the Board that Sandberg Equip-
ment Co. was the low bidder on a sand spreader with a
quotation of $1425. Sand
Upon motion duly made and seconded, it was voted spreader
to accept the bid of Sandberg Equipment Co. in the net
amount of $1425.
Further consideration was given to bids opened
October 6th for reconstructing two tennis courts at the
Parker School. Tennis
Upon motion duly made and seconded, it was voted courts
to accept the low bid of $4965 submitted by the Adams
Asphalt Co. Inc.
Letter was received from jr. Edward A. Larner,
Chairman of the Salary and Wage Study Committee, ad- Salary &
vising that following receipt of letter from Town Wage Com.
Counsel, dated August 3, 1953, it was voted to report
to the Selectmen that the Committee had ceased to
exist as a committee.
The Board gave further consideration to Mr. James
F. Sawyer's offer of $1,000 for Lots ] 'and 2, Block Tax title
18, Reed Street. A proposal to sell these lots was property
advertised in the October 6, 1953 issue of the Lexing-
ton Minute-Man. No persons contacted the Selectmen's
Office as a result of the advertisement.
Upon motion duly made and seconded, it was voted
to sell&convey Lots 1 and 2, Block 18, Reed Street,
to James F. Sawyer: time of payment to be extended for
three months.
Further consideration was given to Mr. Harold I.
Bjorn's offer of $300 (including $75 water betterment )
for Lot 46, Park Heights, Hillcrest Street. A proposal
to sell this lot was advertised in the October 6, 1953 Tax title
issue of the Lexington Minute-Man. No persons con- property
tacted the Selectmen's Office as a result of the ad-
vertisement.
Upon motion duly made and seconded, it was voted
to sell and convey Lot 46, Park .Heights, Hillcrest
Street to Mr. Harold I. Bjorn.
Letter was received from Mrs. W. P. Cagey, on Rummage
behalf of the Sacred Heart Women's Club, requesting Sale
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permission to use the Barnes property for a rummage sale
on October 31, 1953.
Upon motion duly made and seconded, it was voted
to grant the request.
Letter was received from the Lexington Allied
Veterans ' Council requesting permission to use Cary
Use of Hall on Wednesday, November 11th from 9 :30 A. M. until
hall noon for Armistice Day exercises.
Upon motion duly made and seconded, it was voted
to grant the request free of charge but subject to a
fee of $1.50 per hour for janitor's overtSme services.
Application was received from Donald J. Gillespie,
Supervisor of Instrumental Music, requesting the use of
Estabrook and Cary Halls on Saturday, May 1, 1954 for
Use of the purpose of conducting auditions for -the North-
hall eastern Massachusetts Musical Festival.
Upon motion duly made and seconded, it was voted
tb grant the use of the halls, subject to the regular
rates if admission is to be charged, plus $1.50 fee for
janitor's overtime work.
The Clerk informed the Board that Dr. John E.
Murray telephoned and requested permission to conduct
Permit a paper drive on Sunday, November 8th in conjunction
with the drive sponsored by Archbishop Cushing.
Upon motion duly made and seconded, it was voted
to grant the request.
The Clerk informed the Board that Mr. Adams,
Chairman of the Planning Board, made a verbal request
for a Special Town Meeting to be held in November. If
another meeting is held the available funds are in-
Transfer sufficient to cover the cost involved and it will be
necessary to request transfer of $120.
Upon motion duly made and seconded, it was voted
to request the Appropriation Committee to transfer the
sum of $120 from the Reserve Fund to the Elections-
Jurisdiction Selectmen' s Account.
Mr. Stevens arrived at the meeting at 7 :35 P. M.
The Chairman read a letter from Harry F. Connor
re condition of the -sidewalk on Waltham Street. Mr.
Complaint Burns said that he had received only one call and told
Mr. Connor who to call at the New England -Telephone
Company and if some action was not taken within a week
to let Mr. Burns know. He has heard nothing further
since.
Mr. Burns took the letter and agreed to check the
complaint.
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Notice received from the Internal Revenue Service
re tax on admission charges to public halls was refer-
red to Town Counsel.
Mr. Stevens referred to communication from Johnson,
Clapp, Ives & King relative to a hearing to be held by
the Department of Public Utilities on October 23rd on Boston
petition by the Boston Edison Company for exemption of Edison
a certain parcel of land from the provisions of the hearing
Zoning By-lam.
Mr. Stevens was authorized to advise counsel for
the petitioner that the Board of Selectmen has no ob-
jection.
Mr. Stevens reported on the so-called Harmon case Claim
and upon motion duly made and seconded, it was voted
to authorize Town Counsel to settle the claim of Harmon
vs. Lindstrom, Tarbox and Lindstrom and Phalen and
Roeder for damages arising out of the determination by
the Building Inspector in 1949 that property on Rowland
Avenue was unsafe for occupancy, for $300.
Mr. Nickerson reported that he called Mr. Converse
Hill today in re insurance coverage on the bleachers and
he thought about a year ago the question came up as to Bleacher
whether the Town was liable for damage on the center Insurance
playground field.
Mr. Stevens saidt hat if a group is just allowed
to use the fid.ld ha did not think the town would be
liable, and he agreed to discuss the subject with Mr.
Hill.
At 8 :15 P. M. Mr. George Scott and his business
associate, Mr. Miller, met with the Board. Discussion
was held more or less as follows :
Nickerson: We infer that you wish to reppen the dis- Scott
cession.
_ Scott : We never closed it but merely postponed it.
I know you gentlemen are still interested
and I would like to do something with that
property . My liability insurance is double
because the y'az'd, a is open. People dump
things there and I have to have a fellow
kbep it clean. I would like to put a fence.
there to keep it private.
Nickerson: Where do you mean?
Scott : In back.
Nickerson: You mean the line of the former fire house
property?
Scott : There are trucks parking there for two or
three days, trucks from Connecticut,
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Miller : His land runs out to the further land of
the fire house lot. If he could purchase
the fire house lot, his idea is to put a
fence around it to keep people from throw-
ing bottles in there, etc.
Nickerson: You recall our negotiation of previous
years, including the setback from the front,
included the triangular piece on Mariam
Street and Depot Square, and your wish to
purchase the Fire Station lot. Various
Boards have discussed this with you and we
are open to any suggestion that would im-
prove that area, but in disposing of the
Fire House property there, the whole thing
is disposed of as a package. If you have
something in mind we would be glad to dis-
cuss it with you. We would not want to
sell that property until he whole situation
is surrounded.
Miller: The street now running through Depot Square.
It looks to me as though it should and
would run through to Mariam Street.
Nickerson: That was never our intention. What this
Board would like to see would be •some ren-
Scott ovation of the area there and if we can Work out
at your suggestion, some mutual advantageous
proposition, we have the power to sell you
the Fire Statioh lot. We are willing to do
so if there is an overall plan which we can
recommend to the Town. If an overall plan
means an appropriation of money, that is up
to the Town Meetingtto vote. For the last
two years the Town has given the Board of
Selectmen the authority to- dispose of the
Fire Station property at our discretion.
Miller: I can see your point. If twenty-five feet
is coming off the front we will need the
Fire Station lot for depth. A new build-
ing going up - the fire house would have
to be considered in with the front parcel.
There is not question about that.
Stevens : That is equal in area to the front parcel
isn't it?
Scott : No. It is narrower in front.
Miller: I thought there was some talk about a
street going through there that would take
some of the Fire Station property.
Gay : There is no thought of a street going
through there at all.
Miller : Mr. Scott gave the town seven feet several
years ago to help widen the street.
Stevens : Do you have in mind taking the building
down and putting up a new one?
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Scott : Yes.
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Miller: It wouldn't be worth repairing.
Stevens : When would you plan to do this?
Miller; Mr. Scott was never given any assurance
that he could get the Fire Station lot.
If he had some assurance then we might in
terest someone.
Stevens : If Mr. Scott gave the town this (pointing
to a plan) and got that, it would be a
good deal both ways. Scott
Scott : What about the building?
Stevens : You are going to tear the building down
and put up a new one.
Gay: If you were sure that you could trade thAt
for this, you would go after someone?
Miller: If we had reasonable assurance.
Nickerson': We told you for years we were open mind ed
and desirous of improvement of the area.
We authorized Mr. Ballard to negotiate.
The Board of Selectmen has the authority
to dispose of that lot and we would use
the authority if you put up what we #thought
was a reasonable proposition for improving
the corner. You will not find us trying
`y to charge a high g g price. We are reasonable.
about it and have nothing to conceal.
II Scott : With all the plans that Mr. Ballard drew
up there always was a doubt at the bottom.
Nickerson: We have authority to dispose of the pro-
' perty and the railroad has given approval
of going along with disposal of Lot B,
which is the setback, and Lot C, which is
the squaring out on the Meriam Street side.
As to the amount of money involved, back
in 1941 you were fairly well down to cases
on this . You wanted so much money and ar-
ticles were put in the Town Warrant.
Miller: That was the time Chandler was coming out.
Nickerson: I don't recall we voted any money on it .
Miller: Chandler was so much interested at the
time he gave us a period of six months or
four months for us to go ahead and if it
could not be done they would go somewhere
else. The time expired and it petered out.
Nickerson: We can tell you how this Board feels about
it, but we are not real estate men. All
we can do is if you make a proposition that
we think is fair, we can put it before
Town Meeting.
Scott: I said I would take $ 30,000 and pay the
Town $3,000 for the Fire Station land. We
practtea11y agreed on it.
Miller : This is the first time that we have been
able to reason as to what you want and. Mr.
Scott can say what he wants.
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hmailNickerson: If you put up a proposition to us and we
transmit it to t he Town Meeting and it is
apparently too excessive, Town Meeting mem-
bers will vote it down.
Miller : I know Mr. Scott will go along with the
Town on anything fair and reasonable.
N .okerson: Why don't you two men get together and
make a concrete proposition.
Scott : I think it is drawn up now. It was *30,000.
I said I would give $3,000 for the land.
At that time I could have given *1500 for
the house and now it will cost $6,000.
Miller: Some or the tenants are paying rent you
would be surprised at. The people have
been there for years. It would be a shame
to have these people pushed out. Mr. Scott
has considered taking care of the tenants
in some way. If they can' t pay for the
front, they may be able to pay for back
ohes. I think something can be worked
out. If the building is to be razed what
will it cost?
Stevens : The only way to get a building, which will
bring in the rentals the property should
have, would be to tear it down and build a
new one.
back The back land is worth less than the front
y
land.
Stevens : All you will be losing is rear land.
Miller: He has to take down a building and where
he is getting an income, it will stop for
awhile and there will be some loss to him
on this for which the Town could compen-
sate him.
Nickerson: You just said the rents were small. You
don't get the difference of *30,000 and
$3,000 there. The best thing for you men
to do is azure that you have a Board of
Selectmen that is entirely willing to talk
to you fairly. You can regard us as a
Board that would put a fair proposition be-
fore Town Meeting and argue for it, but we
can't argue for edmethiiig whidli ve .ddz 't ..
think is fair. Why don't you discuss this
between yoursleves, let us know what you
think you want to do by giving us some
figures?
Stevens : You will of course have in mind that this
must be sold to Town Meeting and therefore
the figure must be something which can be
presented to Town Meeting.
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Scott : If the Town does not want the twenty-five
feet, we have enough land without it. I
may not bother with the Town. To make a
parking space I could demolish a couple
of stores . The Fire House is sixty-nine
feet. I have about nine feet on the front
not built upon and I could have a pretty
good parking space. It won't look so good
to have the building in the street because
I intend to put up a two-story building.
Stevens : No one, as a tenant, would want it unless
there was a wide street and good parking.
Scott : I don't think the tenants would care.
Miller: We will talk it over and see if we can work
out something.
Gay : Do you intend to take the building down
even if you don't get_the Are Station Scott
property?
Miller: Well we have no tenant right away.
Gay : If you can 't make an agreement with the
Town, do you intend to tear it down and
put something else up?
Miller: Yes we do. We might have someone along in
six months or a year.
Nickerson: When you do remodel the building you will
remake it with the idea of letting it to
good tenants. I think you will find a good
tenant will be loath to come into the Town
with any hard feelings attached to the pro-
perty they are leasing. We, by the same
token, will be very friendly to your re-
building and getting a good tenant, but in
order for both of us to get what we wants
if we are going to get a vote before Town
Meeting and get it voted, it must be some-
thing reasonable. We are not trying to
be unco-operative and don't want to give
you the idea we are stretching this along
year after year. If you put up a fair
proposition and we go to Town Meeting, be-
lieving it it a good proposition and argue
for it, I think the Town will pass it.
They have given evidence of going along
with the Board on anything that is reason-
able.
eason-
able.
Scott : You cart be too reasonable.
Miller: We will sit down and see what we can work
out on this. We may have someone we can
feel out on it and then we will get in
touch with you in a short time. I have some
people to talk to and it may take three
weeks or a month.
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Messrs. Scott and Miller retired at 8 :55 P. M.
The following members of the Planning Board met
with the Selectmen : Chairman Adams : Messrs. Grindley
Hathaway, Irwin, Potter and Ripley. Mr. Burns, Supt.
of Public Works, was also present.
Mr. Adams said that the Planning Board came down
Town two or three weeks ago to talk about a Fall Town Meet-
Meeting ing and he believes a majority of the Board feels pre-
pared for it. The dates they suggested were the 16th
or 23rd of November; the latter giving a little more
time., He said he received a telephone call from a
fellbw today who is in charge of a Thanksgiving Council
of Churches program at Cary Hall and forgot to reserve
the hall for the 23rd, but Completed all arrangements
for a speaker.
Upon motion duly made and seconded, it was voted
to call a Special Town Meeting to be held on Monday,
November 30, 1953.
An informal discussion was held relative to pro-
posed change in the zoning laws whereby lot sizes would
be required to be one acre in size.
The meeting adjourned at 9 :40 P. M.
A true record, Attest:
j/Cle
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