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HomeMy WebLinkAbout1953-03-14-min 518 CC OD SELECTMEN'S MEETING March 14, 1953 A special meeting of the Board of Selectmen and the Planning Board was held in the Selectmen's Room, Town Office Building, on Saturday morning, March 14, 1953 at 10:00 A. M. Chairman Reed, Messrs . Nickerson, Gay and Bateman were present. The following members of the Planning Board were present: Chairman Adams, Messrs. Hathaway, Ripley, Potter and Irwin. Mr. Raymond James, Chairman of the Appropriation Committee, was also present. The meeting was called for the purpose of dis- cussing article 34 in the warrant fort he Annual Town Meeting, pertaining to Edison Way. A plat en- titled "Plan of Proposed Edison Way, Lexington, Mass.'" was presented by Mr. Adams and the discussion followed as follows ; Adams ; At our meeting last Thursday .nighA the letter on street betterments was brought up. Many of our members are in the dark on this and wanted to have a meeting to clarify the situation. Our Board was not all present. Chairman: I thought this Board and the Planning Board was in agreement. This had been two separate articles in the warrant for a month and the Planning Board knew about it. This Board is upset about it. I think the Planning Board has had oppor- tunity to discuss it. This late disagree- ment does not set too well with me or with the Board. What seems to be the trouble? Adams : Some of this may be my fault. Things I thought were obvious, but I may have slipped in giving all the details. Irwin: We wondered if thought had been given to the O' Connell piece there. Chairman; With the amount of $5,000 on Lots E and F which is being sold to us by Minot, DeBloia: and Madison, we feel that the O'Connell property, if they did want settlement, could not be too high because of the $5,000 on the area E and F which is Maargatr than the O' Connell property. Town Counsel feels that they would have a re ; 'hard t,md to gat more. We have an agreement signed by O'Connell to give us the land. 519 Hathaway: Has Town Counsel ruled that the agreement is still binding on the estate? Chairman: He has not ruled on it, and was supposed to contact O' Connell ' s lawyer this morning but will get together with him Monday. Potter: I don 't think the Planning Board has ever been in agreement of the road going back there. Alan is the only one I know of who said he was in favor. Chairman: The Planning Board was here, and I did not hear any disagreement. Potter : It was there. The then Chairman said he would go along even if the Planning Board was not in agreement. Nickerson: I did make that statement . I think it is time the Planning Board made up its mind. You indicated that you were going along and now you say you are not . It is too late. There are times to retract and times not to retract. I don't think this is the time . Your own Chairman was instrumental in marking out this now agreement, and we thought it was a very good piece of work. If you people want to block this at Town Meeting, let us know now. Potter: I may be wrong. Am I wrong? Ripley:- I don't think we ever came to any understanding. Potter: that we would go along with the road . Alan was in favor, but I don' t think anyone else was . Ripley: I don't think we ever had a meeting and agreed on it. Adams: It ma,, not be there as such. It may be my fault that I did not make it clear. Chairman: Minot, DeBloi± & Madison will not sell the land unless the street is there. Hathaway:. Is the railroad going along on the consideration that the road will be put in? Chairman; Yes . They gave us the land for the road. Hathaway: There is no question about Edison Way, but it was not my understanding that the road was to go along the rear. Gay: What is your objection t o the road? Hathaway: Matter of cost for one thing plus the fact you are interested in parking, not a road . Gay: Dcbn't you have to have a road? Potter : No. Chairman: You will have only one exit if you have parking. Adams : The first objection which I went elong with some- what was the fact there would be buildings. As that has since been eliminated, maybe that is ' Adams: where I jumped to conclusions. Is there any difference in the cost of this as a road or a parking space? 520 CD Nickerson : There would be a small difference, but it would be very small. You have to excavate, fill and blacktop the parking space as well as the road, and you would probably put two more inches of surface on the road than on the parking. Adams; I checked yesterday with Bill Burns, and he said there would be practically no difference. Nickerson; It might be possibly 5% difference in the cost. Potter ; On the taking there - Some time ago the Town thought it would be nice to straighten out the line; it could be set back to straighten the building line. It cost us 027,000 to just put the line through there. Eventually he had to move it back. You are taking 1600 square feet from him. I think that might cost you nearer 01699000 than what you have estimated on it. Chairman: He knew that when he signed the agreement. Potter: I am assuming that the agreement is not binding. When you get before a jury the values are en- tirely different. There is no argument there if the agreement is binding. Ripley; I missed one meeting and have not seen this sketch. Your proposal is one way? Nickerson; One way to here. The railroad, as part of its agreement, said that fromtthe end of the plat- form they will get access two ways. ' Ripley; They will have to somehow change some of their parting. Nickerson: I don't think so. Ripley; If, as and when we do get together on this, and it goes through, I would like consideration of the possibility of the town to keep that tree in there . Bateman; There is plenty of room in there. Ripley; You could put a little fence around it . The hot- top may kill it anyway. Nickerson; The Board has always been very reluctant to re- move any trees. Ripley; That is one that does pose a problem, but I think it would be nice to keep it if possible. Hathaway: One question about the road. Is it the feeling of the Board that the road would have value as a by-pass road? Chairman; Yes. Hathaway; It would not be worth a great deal because of the cars backing etc. Ripley; I don't think it would ever be a fast enough way to be anything but a by-pass. 521 Bateman: I have been working on this since 1943 or 1944, and at one time Minot, DeBlois & Madison agreed to let us use that area. Then this old gentlemen, Baker, came out here to look it over. He came to the conclusion that it was not safe to use that as&a� parking area. It is very, very dangerous. I know two people have been hurt there in Edison lady. It would not have happened if they did not have the exit. The road is a safety precaution. Potter: This Board has always been of the opinion that you should have an exit and entrance. We just question whether it should be built by the town as a road. Everyone agrees that the traffic. should flow out. Ripley: Is it certain now that under no circumstances there could be any further business building on this road? Nickerson: Minot, DeBlois & Madison asked the Town Counsel that this week and a stipulation they made was that we should agree for some long term of years not to build a building, and if they were still the owners, that there should be a renewal. There can be no building put there by the town unless Minot, DeBlois & Madison get out of the picture and whoever buys the property maybe will- Potter:Potter; Isn 't that a straight sale to the town? Nickerson; Yes. Potter : Then no one could build . Nickerson: Of course they couldn't. Hathaway; That applies to them but not to O'Connell. Nickerson: By the same token, if the O'Connell estate is astute as Dan was, there is no question b ut that right soon you will see a store blocking up that little hole and he come into the park- ing area from Edison Way. The estate is very sadly tied up. Adams : The assessment on this thahk land, back of 80 feet, is at 250 a foot . The Assessors, back of 100 feet, they are dropping it to 10 , a foot. That land would be assessed for 10¢ a foot. Potter; That does not establish a value. Nickerson: This Board has to rely somewhat on advice of Town Counsel, and he can see no possibility of a substantial settlement on the O' Connell Estate. I don't know how previous Boards relied on Town Counsel, but we place a great deal of credence on what Mr. Stevens tells us. Potter; I have a lot of respect for the Town Counsel 's opinion too. Nickerson: lir. Stevens also thinks that this case would never go to jury. Hathaway: The deal of Minot, DeBlois & Madison is off if there is not in effect a road put through there? 522 OD Chairman; That is correct. Potter; Is that your understanding Alan and Fred JohnsD n's? Adams; Yes. I checked with Fred, and he did not understand it, but I know it was said there. Ripley; One of the objections was that we were afraid that somehow or other we would be trying to get a parking space and would get in business to ruin a parking area. If that is definitely out I think it puts a different light on it. I would think it is a shame to have it go by this Town Meeting with no action. Pottery One thing that influenced this Board was that we had it brought up to us that there was a deal for the purchase of the land whereby there would be a road there. Nickerson: I recommend that the Planning Board go into session on this and make up its mind that it is going to do and if it agrees, can tell us or not tell us as it chooses. We have no cause to conceal anytning. To the best of our ability and Town Counsel's we have explored the matter and are going to recommend this to the town un- less we change our minds between now and Monday night and we would like to have the Planning Board with us unanimously. Ripley: On the trees, there are a few up there that Bill Burns says most of them are not much good. Two or three look healthy to meand if one or two of those good elms can be saved within the plan, even if it eliminated two or three car spaces, I would rather see an occasional tree stand there. It would be cooler and more beautiful. If it can't be done of course they have to go. Anything that can be done to keep them I think should be. Chairman; As Don said, we have been reluctant to take trees down. The Planning Board retired at 10:35 A. M. The Board reconsidered the amount approved for Admini- stration of Trust Funds inasmuch as Mr. Howard Nichols had asked for reconsideration, and upon motion duly made and seconded, it was voted to approve the sum of $175. Upon motion duly made and seconded it was voted to ap- prove the sum of $40,000 for Snow Removal. The Clerk retired at 10:40 A. M. /i741/ ctmen / 1