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HomeMy WebLinkAbout1948-02-02232 Gas Hear- ing -- Lowery Bids for Public Works Supplies SELECTMEN'S FETING February 2, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, February 2, 1948 at 7:30 P.M. There were present: Chairman Paxton, Iviessrs. Locke, Emery and Gay. The Clerk was also present. At 7:40 P.M. a hearing was declared open upon the application of Kieran J. Lowry for permission to install three underground tanks for the storage of gasoline ( 3000 gallons) on premises at 286 Lincoln Street, Lexington. The notice of the hearing was read by the Chairman. Mr. Lowry and one other person attended the hearing. The Chairman asked if Mr. Lowry intended to operate a gasoline station and he replied in the affirmative. No persons appeared in opposition. TheChairman informed the Board that the application has been approved by the Chief Engineer, Roy A. Cook. .Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted that the license be granted. The hearing was declared closedat 7:45 P.M. and the individuals retired. Mr. DeFoe met with the Board. He informed the Board that he had received four bids for fittings, hydrants and gate valves and sub- mitted figures to the Board for consideration. Mr. Frnery moved that the Sup't. of Public Works be autaorized to purchase a supply of fittings from the Public Works Supply Company at their quotation of $2,520.10. Mr. Locke seconded the motion, •and it was so voted. Mr. Gay moved that the Sup't. of PublicWork•s be authorized to purchase a supply of hydrants from the PublicWorks Supply Company at their quotation of $112.55, with a possible increase of 101. Mir. Locke seconded the motion, and it was so voted. Mr. Locke moved that the otg Sup't. of Public Works be aut iorized to purchase a supply of Dowling Gate valves from the Public Works Supply Company at their quotation of $35.45 for 6"; )54.85 for 8"; 91.65 for 10"; 120.30 for 12"; all subject to a 10% increase. Lr. Gay seconded ttie motion, and it was so voted. Mr. DeFoe left the meeting at 8:00 P.M. and Mr. Daniel A. Lynch, Town Counsel, met with the Board. Mr. Lynch explained to the Board that Mr. Locke as a member of theBoard of Appeals, and he went down to see Pair. Wrightington and Edwin B. Worthen, Jr. relative to the so-called Ryder property on Maple Street. He explained that Messrs. Higgins and Hooper own the land and sold a front lot to a Mr. Sword. Mr. Sword applied for a building permit which was refused by the Building Inspector in view of the-amend ment to the zoning by-laws adopted at;_the-annual town meetingof March, 1947. Mr. Sword then applied to he Board of_Appeals and his application for permission to erect a building on`Lot 1 Maple Street was denied. Mr. Lynch explained to the Board that through some misunderstanding between the Town Clerk and theAttorney General, the amendment has not yet been approved by the Attorney General. Mr. Carroll advised the Town Counsel that it had been approved June 25, 1947, but the records between the Town Clerk's office and the office of the Attorney General can not be found. Mr. Wrightington has been retained as Counsel for Mr. Sword. Mr. Wrightington suggested that possibly something could be done without legal action being taken. Mr. Sword complies with the zoning law as amended. The only difficulty is that ,e has no ' frontage. Mr. Sword would like to file a plan and Mr. Worthen unofficially said that the Plan- ning Board would probably approve it to give the owner of the land the necessary area and frontage. However, Mr. Sword would like not to have to build a Board of Survey street. He will_agree that when he extends the proposed road beyond the designated point he will build a Board of Survey road from Maple Street and will agree to all Board of Survey Rules and Regulations. Mr. Lynch said that it 233 Maple St. property Re: Board of Survey 234 seemed to hire to be a fair and equitable way to avoid litigation. Mr. Sword is going to have a plan prepared to be presented to the Planning Board for their approval. He will then have to have the Board of Survey hearing. If it is then approved the Building Inspector can issue a permit. The Chairman stated that Mr. Sword will enter into a Board of Survey agreement for a section of this street to be 40' wide so that he will have 100' line. The construction of the street will not take place, however, until he decides to continue the sub -division. The Chairman said that he thought there should be no further construction on so-called #11 or Lot #2 on the plan presented by Mr. Lynch. Mr. Emery asked upon which street the house would front and Mr. Lynch replied that it would front on Maple Street. The Chairman said that he did not believe the road in its present condition should serve more than just the one house and the Board of Survey agreement would have to be written up with an additional; condition #9, which would in- dicate that construction of the road is to be post- poned until the continuation of the sub -division at which time .the sub -division becomes operative. He said he thought there should also be an additional condition #10, whereby no further building activity would be permitted on any land further back than 125' from the side line of Maple Street or something similar to that. The Chairman explained that last week the Board of Selectmen decided to request the individ- uals whose property on Grove Street has been affected by the County takings to meet with them without counsel, but the unfortunate part is that all three individuals have had lawyers and it was practically impossible to by-pass the attorneys. At 8:20 P.M. Mr. Kendall L. Johnson, attorney for Erneet B. Johnson. Jr., and Mr. & Mrs. Johnson, 'Sr. m'et with 'the `Board. The "Chairman explained t at the Selectmen are aware of'the fact that there is a petit on before the County for an assessment of damages because of the takings on Grove Street. He explained that the annual town meeting will be held in March Sal 1 235. and the Selectmen thought it would be auvisable to insert an article in the warrant for settlement of the claim. He said that if an agreement could be reached the claim could be settled without going to court. Mr. Lynch informed the Board that the total area taken from Mr. Johnson was 21,450 square feet. He explained that the order of taking was dated Dec. 6, 1946, and recorded Dec. 20, 1946. Mr. Johson acquired the property by deed of Amos Taylor and Edwin B. Worthen, Executors, October - 8, 1946, but was not recorded until December 20, 1946. The taking was recorded in Book 6990 and the deed was recorded in Book 7077. Par. Lynch explained that he has discussed this with Attorney Johnson. Pur. Lynch also informed theBoard that Mr. Johnson, Jr., purchased this entire tract of land, approximately five acres, for $300. The Chairman suggested that the Board disouss the the matter with Pur. and firs. Johnson. He asked what they had in ,mind as far as this piece of property was concerned. lir. Johnson, said that they would like damages for the taking of the land. TheChairman asked how much damages he wanted and Mr. Johnson said that his son was a good buyer and had just returned from the service. He told Amos Taylor that ?300 was the tops which he could go and Pair. Taylor said that he could have the property at that price. He stated that if it had been left to Mr. Worthen he would never have been able to secure it for this amount. The Chairman said that if and when the road is con- structed there will be a slight betterment to the property and asked what they had in mind for a settlement. miss.. Johnson said that her son purchased this for pasture, but the road divides the property and it could not be used for pasture. Mr. 'Emery asked if the owner of the land planned to build in Lexington and Lr. Johnson said that he would not at the present time. Par. Emery asked if there wasn't sufficient land left for pasturage and Mr. Johnson admitted that there was to some extent. Mr. Johnson, the attorney, inquired as to the assessment of the property and Mr. Lynch informed him that the property in question was assessed for $770. Mr. Johnson asked if it would bring the assessment. Mr. Johnson said that he thought as days go by the land would be more valuable. The Chairman stated that it will be • 236 Johnson claim for land taking more valuable only because of building land and. not as pasture land. DIr. Johnson, the attorney, explained that there is a brook running through the property and no reputable builder would construct a house there. Mr. and Mrs. Johnson and their attorney retired for a private dis- cussion after which they returned to the meeting. The attorney explained that ne suggested, and the Johnson's agreed, to 4300 which is a little less than one half of the essessed value. The attorney said that he thought the 0400 water assessment might be taken careof at this time. The Chairman asked how they wanted to handle that. The attorney said that he thought some assessment could be put on but the assessment cut down to 0100. The Chairman asked if he meant that the Town was to pay 1300, the Johnsons to return :400 for the assessment, or did they mean to collect 1300 for the easement and then have the assessment cut down to 0.00 in addition. The attorney said the. latter vas correct. The Chairman asked how they felt about making the damages 1400 and leaving- the assessment as is. The town would then exchange checks. The payment for the easement would be .:400 and then the Johnson's pay the betterment assessment on the water main of :400. Mr. Johnson, the attorney, asked if assessment could be deferred. PIr. Lynch said it could be deferred until such time as the service is used. Lr. Johnson, the attorney, said that the likelihood of their using the service is so remote it would be unwise to trade checks in the amount of 1400 for this water assess- ment. Lir. Emery asked if Pts; Johnson's proposal of 0300 was for Ernest Johnson, Jr. and the attorney replied in the affirmative. The Chairman stated that as he understood it they wanted the assessment cut down to 0200 and deferred until such time as it is used, and they then wanted damages in the amount of 1300 for the taking. Mr. Johnson, the attorney, stated that this is correct. The Johnson's retired at 8:55 P.M. The Chairman suggested abating the water betterment assessment in the amount of 1400 and pay 1200 for the ease- ment. Mr. Emery agreed to convey this to the Johnson's before they left the building. He returnecL to the meeting and informed the Board that the Johnson's were agreeable to 1200 in cash settlement for damages and abating the entire water betterment assessment. 1 Mr. Alfred P. Tropeano and James T. Alurphy • met with the Board. Mr. Tropeano explained that at one time the Board made a counter offer of "1,000 and Lir. Murphy wanted same agreement relative to the stone wall. He • explained that there are 620 feet of wall taen. Mr. Murphy figures that to replace the wall it would cost him 2.50 a foot or a total of 01,,550 which is in the taking. Mr. Murphy was then confronted with the water betterment of :1480. Lr. Tropeano said that this is down in Sow land and the assessment should be abated because it is of no value to Mr. Murphy. He said that L'r. Murphy purchased the land for 1100 and with the tut- Off it is of less value now than it ever was. The Chairman said that the other parcel of land will have a greater value but Er. Tropeano said that he did not think so because of the high embankment. He said that his client hoped the Board would agree to install the stonewall if and when it has to be moved. Mr. Gay asked what the condition of the stonewall was and Mr. Tropeano replied that Er. Murphy claims it is an excellent wall. Mr. Emery asked if the wall is within the taking and Ivir. Tropeano replied in the affirmative. Mr. Tropeano said that if the Board agreed to put the wall back into place at a cost of 11,550,, when the road is widened they will not discuss dollars and •cents. The Chairman said that the state price on building a balanced mall is much less than the figure of 32.50 a foot and they are not usually very satisfactory. Mr. Emery asked if the only change they were making in the offer was to add the stipulation " if and when the road is moved back." Mr. Tropeano replied that and a little more money for the land taking. Mr. Tropeano said that Mr. Murphy at first wanted to try andprevent the road from going through there but he felt that 32,000 was a fair figure because he has lost the ague of one lot:. The Chairman said that supposing fifteen years from now the town starts construction of this street and there is an agreement that the town has to set back the wall, would it be possible for the town to then say to whoever is the owner that there 237: Murphy Claim for land taking 238 is such an agreement but the town would like to forego it and not set the wall back. The Chairman said that Mr. Murphy apparently is interested in the wall and if he sells the property to someone else they may not have the same feeling about the wall and the town, therefore, should not have to pay any more damages. Therefore the Board of Selectmen might make an agreement with Mr. Murphy which is not binding. Nr. Lynch explained that the agreement itself would have to be subject to an appropriation. He said if 1r. Tropeano wants to let it go along subject to the possibility of a future town meeting appropriation of money he would be in a very precarious position. Mr. Lynch asked if the Chairman meant that the agreement would be made with Mr. Murphy personally and the Chairman replied in the affirmative. Mr. Tropeano said that if the town did not appropriate the money Mr. Murphy could then enter a law suit at that time. Mr. Emery said that the agreement would not be a covenant. The Chairman adced if Mr. Murphy would be willing to enter into an agreement personally that if and when the con- struction takes place and Mr. Murphy still owns the land, and she stonewall is in the faking, the town will set the wall back on to his remaining property. Mr. Murphy replied in the affirmative. The Chairman said that Mr. Tropeano mentioned y{2,000 damages and there is also a betterment assessment in the amount of $48O. The f;hairman said that for himself, and not having disucssed it with the Board, how would Mr. Murphy feel if the assessment were abated in full and settle for $1,000. Mr. Tropeano asked about any future betterments on the street. The Chairman explained that they now have water mains extending all the length of the property, the street is accepted on both sides; however, as far as sewer and sidewalks are concerned Mr. Murphy would have to take his chance. Mr. Murphy and his attorney retired to disuee the matter and then returned to the meet- ing. Mr. Tropeano said that his client is agreeable to the settlement proposed by the Chair- man. The Chairman said that first there is to be an agreement with Ir. Murphy that if and when Grove Street is constructed the construction of which includes the wall, and he owns the property at the time of construction, the town will set the wall back on to his remaining property; the total betterment assessment which amounts to ?400 is to be abated the Town Meeting will be requested to appropriate 11,000 as settlement for the claim and approval of the agreement regarding the wall. i.Ir. Tropeano said that was correct. He said he will send in a petition for an abatement. Er. Tropeano and Tr. Murphy retired at 9:25 P.M. Mr. Lynch .spoke t� the Board about the proposed right of way of the Ryder's case with its relation to the new high school lot. He explained that it would be necessary for the Board of Selectmen, acting as a Board of Survey, to approve a plan of right of way across the new high school lot, Lexington, Mass., October 24, 1947. The Clerk was instructed to bring in plans for the Board's signature neat week. Mr. Lynch retired and Mr. DeFoe returned to the meeting, He stated that during one of the recent storms the town grader was going up Taft Avenue when it came in contact with a privately owned car. The owner of the car and the operator of the grader -both claim that they were not at fault. The estimated cost of damages is :38.50. If -was decided to refer the matter to the Town Counsel. 1r. DeFoe reported on the sewer assessment levied against Mr. May's property on Woburn Street. Mr. DeFoe said it seemed to him that the town should forget the triangular piece and consider only the piece that actually faces on Woburn Street. He explained that the trunk line for the North Lexington sewer will go through Mr. May's land for a considerable distance and that possibly he should discuss this with him. Mr. Locke said that there is no particular relation between the two. Er. Emery asked what the original assessment amounted to. Mr. DeFoe replied that it was $268. If it is figured on the existing foot- age by the depth the price will be :136.63. Mr. Emery asked if the particular parcel of land was buildable. Mr. Locke replied that Mr. L.ay could build but from a practical angle he probably won't because he will want to keep the entrancefrom 239 Right of way new high school lot Accident Claim Luke Ivlay re: assessment 240 Abatement of Wa t e r Assessment. Abatement Water Assessment Complaint re: Court Decision Woburn Street to his property. On the other hand there is a buildable lot and he said he did not know on what basis the lower amount could be abated. Mr. Locke said that he thought the new figure should be submitted to Mr. May arid'then see what his next move will be. The Chairman read a letter from iaartha J. Wilson, Trustee, for the Estate of James A. Wilson, stating that she returned to the Collector of Taxes a bill in the amount of 3184 for assess- ment of water betterments on Bridle Path. Miss Wilson requested an abatement inasmuch as she claims the installation of the water main on Bridle Path was of no betterment value to her property. Mr.. DeFoe explained that the Wilsons have paid a betterment in the past for water on Pleasant Street. Mr. Locke said that if there is not sufficient set -back for house lots he did not see how the owner of the property could rightfully be assessed. Mr. Locke moved that the assessment in the total amount be abated. Mr. Gay seconded the motion, and it was so voted. The Chairman read a letter from Francis Y. Rice, 65 Blake Road, applying for an abatement of water betterment assessment on Lot H. Boulder Road in the amount of ;68.7O. Mr. DeFoe presented a sketch showin g the lot in question. TheChair- rnan explained that there was no Board of Survey agreement with Tar. Rice and it is possible that at some time in the future he may sell his land at which time someone else would build a house on this lot. TheClerk was instructed to advise lir. Rice that although the Board appreciates his position unfortunately the two lots together represent a buildable lot and even though he, as the nresent owner, may not build someone in the future may do so whereby the water would be of same value. In view of this the Selectmen are of the opinion that the assessment was justified. The Chairman read a letter from the Town Counsel with reference to the Board's letter of eanuary 27th regarding the disposition of com- plaints against Edward Wittholm by the Central District Court of Liddlesex. Ir. Lynch explained that action is taken in the name of theComrnon- wealth of Massachusetts and in these matters the Commonwealth has no right of appeal; therefore, nothing further can be done about presenting this matter before any other authorities. A letter was received fror.i the Town of Burl- ington stating that they have no objection to the Board of Selectmen of Lexington recommending that the town grant easements over Butterfield's Pond to the Boston Edison Company. The Chairman read a letter from the School Committee stating that the present arrangement of having the P. T. A. manage the Posture Clinic is satisfactory and they suggest that it be continued until it has been given sufficient time to determine whether or not it is workable. TheSohool Committee will take care of the hocey rink with the assistance of the Park Department in taking down and removing the Boards, in the Spring and setting them up in the fall. A petition was received. from the Boston & .aine Transportation Company for a license to operate motor vehicles beginning at the Lincoln - Lexington Town line via Route #2 to the Lexington - Arlington line. TheClerk was instructed to refer the petition to the Planning Board for their study and recommendations. The Chairman read a letter from J. Ernest Kerr, distributors of the Dual Automatic Parking meters, stating*, that the price has been reduced from $73.00 to X62.00 f.o.b. factory. Mr. DeFoe was requested to obtain letters from the Dual and Perko Companies outlining their proposals with literature and -a list of nearby towns where installations have been made. ..r. DeFoe rbtired at 10:05 P.M. 241 Ease- Iae:nt Boston Edison P.T.A. Posture Clinic Hockey Rihk Bus Route Parking Meters 242 Bill re: Cemetery Tax Title Property Lot 5 Spring Street Use of Hall Use of Hall Use of Selectmen Room TheChairman read a letter from Rep. Charles E. Ferguson to which was attached six copies of House Bill 1478 providing for the establishment of a cemetery in Lexington. The Hearing is scheduled forTuesday, I'iarch 2, 1948. TheClerk was instructed to write the Town Counsel and ask him for his interpretation of Section 34 of Chapter 114 of the. General Laws referred to in this bill. A letter was received from Joseph L. McDonald offering 150 for Lots 483 and 484 Ames Avenue. Mr. McDonald is the former owner of these lots. Mr. Emery moved that Mr. McDonald be advised that theBoard of Selectmen will sell these lots for an amount including 170 for outstanding sewer betterment assessment plus back taxes and costs. The Clerk informed theBoard thatGeorge S. Ryan, attorney, 637 Massachusetts Avenue, Arlington, brought in a check in the amount of 1350 for Lot.5 Spring Street. Mr. Ryan is attorney for Mrs. Gertrude E. Briggs, former owner of the property. Mr. Gay moved that the lot be sold and conveyed without adver- tising. Mr. Locke seconded the motion, and it was so voted. An application was received from the Police Relief Association requesting permission to conduct a concert and ball in Cary Memorial Hall on the evening of April 15th from 8:00 P.M. to to 1:00 A. M. Mr. Emery moved that the use of the hall be granted subject to a charge of 035. Mr. Locke seconded the motion, and it was so voted. A letter was received from the Rev. J. A. Cronin for permission to conduct a St. Patrick's concert on March 17th. The Clerk was instructed to hold the date and to send a regular application form to Father Cronin. The Committee on T. B. Xrays requested per- mission to conduct a meeting in the Selectmen 's Room on Thursday evening, February 5th. The Board had no objection. immAY 1 A letter was received from David.L. Howland of 9 Pleasant Street stating that at the time of the drawing of the Veterans Lots he did not think it was possible or practical for hire to enter his name. However, if there is a lot available he is nova interested. TheClerk was instructed to tell Mr. Howland that the Board would keep his name on file and if any changes are made within the next two or three months he will be so advised. Zile meeting adjourned at 11:05 P.M. A true record, Attest: 243 Vetts Lots