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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 518 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 1 519 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. 520 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 1 1 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: //y'°" leC rk, A.electmen. 521