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HomeMy WebLinkAbout1954-04-26-BOS-min 338 0.1SELECTMEN'S MEETING , April 26, 195<J A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, April 26, 1951{ at 7:00 P. M. Chairman Reed, Messrs. Gay, Bateman, James and Maloney were present. The Clerk was also present. The Chairman reported that a representative of Minute Man the Minute Man Oil Sales came into the office in res- Oil Sales pones to the Board's letter re parking oil trucks in parking the area of Buckman Tavern and the Common. Inasmuch as no traffic laws are being violated the company intends to continue the practice of parking at these locations. Mr. Bateman said that on Tuesday morning he saw three trucks parked on the Buckman Tavern side, the next day there was one. He has also been up several times since but during the last visits, there were no trucks parked. The Chairman read a notice of Registrar King in regard to the Eighth Annual Massachusetts Governors' Highway Safety Conference to be held at the State House on May 25. The Clerk was instructed to send a copy of the communication to the Chief of Police, with the sugges- tion that he plan to attend. Certificate of Incorporation on behalf of Paul F. Cert. of Inc. Hannah, 61h Bloomfield Street was received from the Secretary of State. The corporation is to be known as the Raytheon Charitable Foundation and will be loca- ted in the city of Waltham. Satisfactory character refer- ence was received from the Chief of Police. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to approve the application and return it to the Secretary of the Commonwealth. Certificate of Incorporation on behalf of Kathryn Cert. of Inc. M. Cleveland and twelve other women, all of Lexington, was received from the Secretary of State. The corpora- tion is to be known as the Minute-Man Council of Girl Scouts, Incorporation and will be located at 14 Muzzey Street, Lexington. Upon motion of Mr. Bateman, seconded by Mr. Gay, it was voted to approve the application and return it to the Secretary of the Commonwealth. 339 Letter was received from Chief Ryoroft advising Police that Patrolmen William Meadows and Joseph Belcastro school have started a month' s train4ng at the Massachusetts State Police Training School at Framingham. Upon motion of Mr. Gay, seconded by Mr. Bateman, Uses of it was voted to grant the following uses of halls: halls Lexington Softball League Conference Rm. April 28 Board of Health Conference Rm. May 15 Upon motion of Mr. Bateman, seconded by Mr. Gay, it was voted to renew the following licenset• Licenses Chester W. Fillmore 659 Marrett Road Peddler The Chairman informed the Board that a Mr,. Hays, representing the New England Telephone & Telegraph Company left a revised set of plans in connection with the proposed conduit location on Bedford Street, upon which a public hearing was held last week. He infor- Conduit med the Clerk that the changes have been approved by location Mr. Burns. No action was taken inasmuch as the Board had asked Mr. Consilvio last week to find out from his company the number of years this conduct would serve,, if the cables were to be removed from Westview Street and if so when. An informal discussion was held relative to the subject of Mr. Roeder's expired term as a member of Appointment the Board of Fire Commissioners. Upon motion of Mr. James, seconded by Mr. Bate- man, it was voted to reappoint Harold E. Roeder, a member of the Board of Fire Commissioners for a three- year term expiring May 1, 1957, Mr. Stevens, Town Counsel. arrived at 7130 P. M. Mr. Charles S. Tuck, 16 Spring Street, applicant Sunday for a Sunday Sales license at L1a2 Marrett Road, met Sales with the Board. The Chairman said that Mr. Tuck had been invited to the meeting due to the fact that his application is a new license and the Board wanted an opportunity to discuss the subject with him, find out about the main part of his business and his reason for wanting to be open on Sundays'. Mr. Tuck said that he thought, a Sunday License would help him in his business. He plans to sell candy, cigarettes, ice cream and also poft drinks. However, his main business will be toys, two lines of greeting 340 cards, handmade aprons, and hobby materials. He said he was renting the property from Mr. Curtin who men- tioned a Sunday Sales License. The Chairman asked if he planned to open on Sun- day before that, and he acid that he had not given it any thought. The Chairman explained that if the Board receives complaints, it may be forced to request him to close on Sundays even though he may have a Sunday Sales Licence. He said that the Board could issue a license to sell ice cream but is concerned about the hobby sales. Mr. Tuck asked if it Would be against the law to be open on Sunday, without a license, for inspection and no retail business. Mr. Stevens replied that it would. Mr. James asked how he would feel if the license were granted on the condition that no one complained and if complaints were received, he would have to close. Mr. Tuok replied that if the Board requests him to close, he would close. Mr. Tuck retired at 8:00 P. M. Upon motion of Mr. -Gay, seconded by Mr. Maloney, it was voted to grant a Sunday Sales License •to Charles S. Tuck, d.b.a. Henri's Rattly Shop at 442 Marrett Road. Mr. William T. Chandnoit, 54 Richgram Avenue, Waltham, applicant for a Common Victualler's License to do business at Ye Towne Diner, met with the Board. Common Mr. Chandnoit presented references from Captain Victualler Murray, Watertown Police Department, and from Frederick License B. Wait,. City Councillor, Waltham. He stated that he now works for the Lynn Telegraph News. His brother and his wife will be working at the diner during the day and he will be in charge nights. Mr. Gay inquired about the hours and he replied that- he will be open from 6:00 A. M. Until 11:00 P. M. and he hopea to open by May 15th. He said that the diner is in good condition but it needs to be cleaned up. The Chairman said that the Board definitely does not want the diner to be a gathering place for teen-agers. Mr. Chandnoit said that he kept a very respectable place in Watertown and hoped to do the same here. The Chairman asked if he planned to be open on Sun- days and he replied that when he was in Watertown he usually served a turkey dinner on Sundays. He expects to continue the same in Lexington. Mr. Chandnoit retired at 8:10 P. M. Upon motion of Mr. Gay, seconded by Mr. Bateman, it was voted to grant a Common Victualler License to William T. Chandnoit, 54 Richgram Avenue, Waltha, to serve meals at Ye Towne Diner, 1722 Massachusetts Avenue, 341 v. ' The Chairman read a letter from the Northeastern Gas Transmission Company requesting approval of cancel- lation of Bond No. 14052-16-1104-51, 44,000 and Bond N. E. Gaa No. 314052-1137-51, 0b>000. Bonds Upon advice .nf Town Counsel, the Chairman was cancelled authorized to answer the letter stating that if, as the company states, it has made a settlement with all owners of property within the Town of Lexington in which it took interests by eminent domain, then the Board has no objection to the cancellation of the bonds. At 6:55 P. M. Mr. Eugene Viano, his attorney, Mr. Daniel Lynch and Mr. Alan G. Adams, Chairman of the Planning Board, met with the Selectmen. The purpose of the meeting was to discuss the construction of a road proposed by the Planning Board and to find out whether or not Mr. Viano would convey title to the Town at no cost for a strip approximately thirty-five feet wide. The discussion wee more or less as follows: Chairman: The last meeting we had with you was my first meeting with the Board. At that time you Viano re were discussing the drainage problem. We all Intra II realize the conditions were serious and we are Highway trying to find some way to correct the sit- uation and have been talking about piping the brook, and draining it. One night the Planning Board came in with a road in the vicinity of the brook. We discussed it and felt we could save some money if we piped the brook and con- _sbrted the road all at the same time. This year we decided we would like to start the road ifossible, from Bedford Street and running 400 feet. We would, however, lay it out from Bedford Street in its entire length. That is the reason I wrote to you and thought we might come to some terms. We will make it a double barrel road about seventy feet in width. According to Mr. Burns we have twenty- five feet from Seth and Cole for this road; before they sold it to the First National Stores. We are trying to get ten more feet from the First National $tore and would like to come to some agreement and get thirtyfive feet from you on the southerly side of the brook. Viano: Didn't Seth enter into an agreement with the First National of a right-of-way for more than II thirty-five feet2 342 Co Chairmanr I am not sure. I understood_ they gave twenty- five and wanted thirty-five. Viano: Seth owns a large parcel of land north of the brook to the west of Bedford Street which was originally laid out as a housing development. Adams: It never has been laid out officially. Viano: It was a proposed layout. (The Chairman presented a plan showing the proposed road from the junction of Massachusetts Avenue and Lincoln Street to Bedford Street.) Viano,: How would Seth sell this parcel to the First Nationaland get into their other land with a twenty-five foot ri t.of-wa Y +Bh � yf Adams: Under the new Form A, where anyone register- ing land must come before us, they presehted one to register a deed of the sale to the First National. One was a lot they purchased and they left another lot which was a twenty- five foot strip. I think their land abuts Tewksbury Street. Viano: That would be the entrance to the property providing. they did not have one here. Have you talked with the First National Store? Adams: That is, only in an informal way with Marshall Duane. He wanted to know at the time of pur- chase if there were any plans and the plans were public. Lynch: What is the purpose for building it only for this distance? Chairman: We don' t know how the town is. goir , to take this. At the present time there are no houses in the way of the proposed road. We have picked up an option on a lot on Waltham Street down beyond the High School where the road would come out there. This more or less to find out how the town feels on this and we feel it would take oar, of the drainage. We would also pipe it over to the North Bridge. Lynch: The selling point is the accessability as far as the Fire Department is concerned. Chairman: Yes. As soon as South Road in Bedford is closed, we arls going to get increased traffic. We have been having a serious problem of parking on Sundays for church. This road will open up a parking area for St. Brigid' s church and will relieve the bad condition on Sundays. Lynch: Do you plan to assess betterments? Chairman: We have not decided on that and would say we will leave it open. 3,443 Viano: You certainly should. Chairman: We just haven' t gone into it, Viano: The land as it is now is good for nothing. You have the problem of Hastings Park. How much of that are you going to take? Adams: None. Chairman: I want to get the drainage problem solved and felt that by doing the street and drainage at the same time it would save money. Viano: You could take care of the drainage by easement. Is it desirable and feasible to put the drainage in the middle of the street? If you came out with an easement, in the event you have difficulty with the drainage at some future time you would not have to dig up the street. Adams: What little inquiring we did on engineering, I don't think it is uncommon to place a drain in the street. Bateman: It will be in the center strip. Viano: How much of a center strip will you have? Adams: Fourteen feet. James: The State is allowing thirteen feet to a lane. Viano: With the easement you could accomplish the same thing at no extra coat to the town. Adams: The Planning Board is thinking of a major I/ project to improve the traffic problem of the whole town. Viano In principal, I think it is a wonderful thing. Lynch: How much would the road cost? Chairman: What we are going to construct, including the drainage, would be $50,000. Viano: Do you propose to go in 1400 feet and construct the drain and leave the rest for some future development? Chairman: That is right. Viano: What assurance have you if the town approves the plan that some time in the future you will get the town to approve the remainder? Adams: Once it is laid out, it is legally a town way. Stevens: It is laid out as a town way, but hot open as a town way. Lynch: It pins it down only on paper. Stevens: That is right. I don't think the town would vote the 1400 feet unless they intend to go ahead. Chairman: I would present a vote for the drain and then present a vote on the street. Lynoh: Will you make your takings now on t he whole thing? Stevens: Yes. 344 1.1Adams: We have had indications that some of the people will give the town the land. Viano: It would appear to me that there should be some assura*ce that the entire road will go through. IOUs road has been on the drawing board for over thirty years. Adams: Not to this extent. Stevens: Do you think Town Meeting would vote to build 1400 feet if they were not committing them- selves to complete it? Viano: Two years from now the Town Meeting may say that it can't afford to build it. Chairman: This business of 1400 feet was on the previous Board. This Board has not discussed the 1400 feet, but this is something cast off. Lynch: It would be no asset to the town Fire Depart- ment, going 1400 feet only. Chairman: The Board, I think, was trying to find out how Town Meeting members feel about this road. If they thn't want the road they won't vote the 1400 feet. Then, we come into the expense again. Lynch: Can' t you bond it? Viano: Are you going to put the entire brook into pipe? Chairman: I believe so. Adams: I think all the length up to Stratham Road is in pipe. At the Newgent land you run into grade. Viano: I would like to know what the abutters on this road are going to do for the community and what they ire going to give. You are asking me to give thirty-five feet and also another twenty foot setback which is actually fifty-five feet of my land. If the twenty foot setback applies in this case, you are asking me for fifty-five feet. if you took fifty feet from Seth and the First National you would not be hurting them. Stevens: It is a C-2 zone and there is no setback. Chairman: This road has been a Planning Board project and not the Selectmen' s. Adams : We have talked with the Lexington Construction Company and also with Cole. We have reason to believe that the rest of them will come along. I did at one time talk to Father Casey and they dict have plane of a parochial school up back. Lynch: We won' t have one in Lexington for at least ten years. Adams: I also talked to Murray Dearborn. Viano: Do you plan putting in a sewer? Adams: We have not come to that yet. It should be done at the time. Bateman: There is another quarter of a million dollars. 345 Viano; You can bond it for a short term. I don't want to make any commitment whatever at this time. Without studying it, my answer would be no on the 400 foot deal. I am expected to give something of a very good value to me. I have a very good and definite reason for own- ing this piece of property. I am not going to give away something of value to benefit someone who has nothing to give away. Seth has nothing to give away. They have to have access to the property. Chairman: What would be your thinking if we went all the way? Viano: I would be very much impressed to the value to me. I don' t say I would agree to the course you take but would have to study it, but I do say there would be some value to my property. There is no enhancement to my property by building 400 feet. Maloney: Your property is all business. Lynch: He can develop that from Bedford Street now. Are you going through with this regardless of agreements with abutters? Chairman: Yea. We are going to put the drainage in any- way. I want to get the road in there. Lynch: You are not foreclosed against putting the whole thing in?' Chairman: Definitely not. Viano: I would like to study this because it has a serious impact on property that I own. Adams: I will go upstairs and get you a plan. Chairman: We will study this again insofar as construc- tion of 100 feet or more. Viano: Will you also study re-routing of the road? Adams: I think this is the best feasitle engineering route and by that I mean the best practical. Viano: It seems to me that if you want me to co- operate, I might Suggest a change and you might keep an open mind on that. I am willing to co-operate with this town in any reasonable respect I can without punishing myself too much. I am not trying to get something from the town. I am not going to try and oppose you people, but in Justice to my corporation I have a right to protect their interest. I have Mr. Lynch to help me on this. We are here not in a sense where we are against it, but we want to be sure it is not going to hurt us too much. I can give you my answer on this the fir t of the week. Chairman: What is the oth r plan? Viano: My idea would b to push it your way a little bit. I don' t t nk it is sound to put the brook under the middle of the road. 346 Chairman: We can discuss that. Viano: I will present to you what I think I am will- ing to, give without any compensation from the town whatever and you can consider it. I will give a proposition to the town whereby it will cost the town nothing if the town is willing to meet within reasonable limitations what I propose. Chairman: I have been pushing this thing on drainage because I .felt it whould be taken care of. The group retired at 10:10 P. M. and the meeting adjourned. A true record, Attest: Ole , g ectmen I