HomeMy WebLinkAbout1947-08-21517
SELECTMEN'S MEETING
August 21, 1947
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building on
Thursday evening, August 21, 1947 at 7:30 p.m. Chair-
man Paxton, Messrs. Locke, Emery and Gay were present.
The Clerk was also present.
At 7:45 p.m. the Chairman called the meeting to-
gether at which time the Town Counsel and the following
members of the School Committee and Planning Board met
with the Selectmen: Chairman Edwin B. Worthen, Jr.
Richard P. Cromwell, Clem Ferguson, Elmer Houdlette;
Thomas S. Grindle, Charles Davis., Ruth'. Morey and Adolph
Samborski (8:03 p.m.)
The Chairman said that last. Monday night the Board
of Selectmen had a long conference with Robert Ryder per-
taining to the settlement of the high school property, at
which time he outlined to the Board substantially the
same proposition that he did about a year ago. He
wants $45,000 for the land and $30,000 for tfie right of
way coming out through Clarke Street. He explained that Ryder
the Board of Selectmen have the feeling that perhaps if right
the right of way is given back to Mr. Ryder, and he is of way
willing to accept it, the Board then might be able to
"dicker" on the $45,000 and bring him down to a more
reasonable figure. He stated, however, that the Select-
men do not want to take any action until the subject had
been discussed with the School Committee and the Planning
Board.
The Chairman said that at a previous meeting, it
was felt that the town should retain the right of way and
now the Selectmen would like to know whether or not the
School Committee and Planning Board would be willing to
give the right of way back to Mr. Ryder or if they prefer
to retain it.
The Chairman said that there is no question but that
the town will have to build him a right of way in from
Waltham Street, possibly through the town property that
was taken. He said that Mr. Ryder was not too receptive
to the idea of going through the Bushnell property.
Mrs. Morey asked if Mr. Ryder wants a road as well
as the right of way and the Chairman replied in the af-
firmative. He said that it was his impression that it
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will be necessary to give him the right of way from
Waltham Street.
Mr. Cromwell questioned if the right of way is worth
$45,000 and the Chairman replied that 45,000 is Mr. Ryder's
present figure. He said he thought the land was assessed
for 0100 for $200 an acre and that the town has taken 15
acres, more or less tnd there are three acres rendered useless.
Mr. Worthen asked if the right of way is to be in
addition to any road that the town will build into the
school and the Chairman replied in the affirmative. He
said that the details have not been worked out; He stated
that he thought possibly there might be a double-barreled
road r: be constructed going into the school with a
brancn off going into the Ryder property.
Mr. Ferguson asked if there would be any restrictions
preventing any street connecting with Fair Oaks and the
Chairman replied that the control would be in the hands
of future Planning Boards and Boards of Survey.
Mr. Emery explained that Mr. Ryder said that he would
agree not to connect Fair Oaks if the Board wanted him to.
The Chairman said that there is a triangular piece in
back of the Hamilton lot which Mr. Ryder feels is unsuited
for subdivision. He thinks this should be included in any
agreement or taking the town might make.
The Chairman said that the Selectmen feel that the
total of $75,000 is too high. Mr. Ryder wants the back
right of way which he feels is worth $30,000 and this brings
the figure down to $45,000. He said that the Selectmen
would like to know if the Planning Board and the School
Committee feel that the back way is worth $30,000. He said
that the Selectmen would not recommend to Town Meeting
$35,000 for the strip of land. He explained that oven
though Mr. Ryder controls the right of way, it does not
mean that he will have a street. Some time in the future
if he does want a street, he will have to go before the
Planning Board and the Board of Survey and it is possible
that he might not get a street, not knowing what future
Boards might do.
Mr. Lynch said that the town can restrict the use of
the right of way. He asked how important the right of
way is to the school.
Mr. Davis said that the School Sites Committee or
the Planning Board said that it was desirable not to have
through traffic.
The Chairman said that if Mr. Ryder does open it up
and there is a lot of traffic, the Board of Selectmen can
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amend the Traffic Rules and Regulations, eliminating heavy
trucking, making it one way traffic or anything else.
Mrs. Morey said that she felt the Fair Oaks district
should have direct access to the playground area, providing
there is controlled traffic.
Mr. Davis said that his recellection is that someone
has placed a figure of $10,000 on the right of way and he
believes that is too much.
Mr. Ferguson said that it would be a very expensive
road for Mr. Ryder to build, and if he is given an entrance
to Waltham Street and the right of way in the back it would
no doubt be a long time before he puts a street in there.
He said that if the town puts in a road that Mr. Ryder can
use he did not think there would be much to fear.
The Chairman stated that it is the general consensus
of both the School Committee and the Planning Board that
the Selectmen can go ahead on the basis of relinquishing
the right of way. Both groups agreed
The Chairman asked if the School Gommittee would re-
vise their sketch and showrr.the Selectmen the land they want
in the back line and also have a sketch showing the pro-
posed building location. He asked if they would also write
a letter to the Selectmen stating that they do not anticipate
building any kailyeway.
The Chairman said that the conclusion is that we can
"dicker" on the basis that we no longer require this right
of way; the School Committee will give us a plan and a
letter stating that, on ,the present plans, they do not intend
to construct a .driveway in the back section. He said that
it is not the opinion of this Board that an attempt will be
made to settle on the basis of $45,000.
Mr. Lynch said that if the town gives Mr. Ryder a
right of way, it will be necessary to have some definite
bounds.
Upon motion duly made and seconded, a majority of the
School Committee voted that the so-called Ryder right of
way is not necessary for the fruition of the present plans
regarding the proposed new High School., and it is agreeable
to the School Committee to have the Board of Selectmen
negotiate further with Mr. Ryder and reconvey the right of
way to him if necessary.
Mr. Lynch asked, if in the event Mr. Ryder wants the
land as well as the right of ally, how the Board would feel
and if the School Committee *ould have any objection to
giving him the whole business.
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Marren E.
Russell
• settlement
Mr. Davis said that he did not think, under any con-
sideration, he should be given the fifty foot strip.
Mr. Emery asked why Mr. Davis felt that way about
it and Mr. Davis said that the town would then make it
possible for Mr. Ryder to own a piece of property between
two parcels owned by the Town.
Mr. Lynch said that even though Mr. Ryder owned it
he could not build upon it and it would be. used in
common with his neighbors.
The Chairman akked.if there were any further questions
pertaining to this particular subject, and there were
none.
The Chairman informed the group that he had invited
Mr. William Porter to meet with the Board next Monday
evening and he has tried, but without success, to contact
Mr. Bowser.
The Chairman asked if, as far as the Planning Board
and School Committee are concerned, there was any pre-
ference with relation to the Bowser -Baskin and Porter
property.
Mr. Davis said that if the town could get one lot
on Woodland Road it would influence them some.
The Chairman asked if the Planning Board and the
School Committee felt that he should contact Mr. Bowser.
Mr. Worthen said that he felt all concerned would be
covering themselves if Mr. Bowser Were.consulted.
The group retired at 9:04 p.m.
The Chairman said that the Board of Selectmen should
have some record relative to the decision with regards
to the proposed Russell settlement.
Upon motion of Mr. Emery, seconded by Mr. Gay, it
was voted to authorize the Town Counsel to settle the
damage claim of Warren E. Russell for $2,000 plus the
erection of an adequate fence along the entire building
line of the Russell property from the railroad tracks
to Massachusetts Avenue.
Mr. Lynch said that the Board should now invite
Mr. Ryder to meet with them again. He said that he
certainly would like to be present, and that it should
be definitely understood that anything said at a Select-
men's Meeting is not to be used as evidence in Court.
He said that the Board could tell Mr. Ryder that they
would agree to build the road if, as and when the high
school is built.
On
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Mr. Emery said that he disagreed. He said that
he did not think the Town Counsel, the Assessors or
the Clerk of the Board should be present at the next
meeting with Mr. Ryder.
Mr. Locke said that it would put the entire burden
on the Board of Selectmen if an agreement is reached.
Mr. Lynch agreed to go along on the basis that
inasmuch as the first meeting with Mr. Ryder was informal
and no record made, the second meeting might well be,
conducted on the same basis.
The meeting adjourned at 9:20 p.m.
A true record, Attest:
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