HomeMy WebLinkAbout1948-02-02 232 UD
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SELECTMEN 'S P. ETING
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, Idiessrs
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
Gas Hear- for the storage of gasoline ( 3000 gallons )
on premises at 286 Lincoln Street, Lexington.
ing -- The notice of the hearing was read by the
Lowery 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 persona
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.
' Bids for Mr. DeFoe met with the Board He informed
the Board that he had received four bids for
Public fittings, hydrants and gate valves and sub-
Works witted figures to the Board for consideration.
Supplies Mr. Frnery moved that the Sup 't. of Public
1 Works be autaorized to purchase a supply of
fittings from the Public 'Works Supply Company
at their quotation of 4`2, 580.10. Mr. Locke
seconded the motion, 'and it was so voted. Mr.
Gay moved that the Sup ' t. of PublicWorks 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. 'Mr. Locke seconded the motion, and
it was so voted. Mr. Locke moved that the
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Public Works't of
Pcorks 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.b5 for 10",
120 .30 for 12", all subject to a 10% increase.
Mr. Gay seconded the motion, and it was so voted.
Mr. DeFoe left the meeting at 8 00 PM. 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 Mr. 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 vas refused
by the Building Inspector in view of the amend- Maple St.
ment to the zoning by-laws adoptf-d at. the annual property
town meetingof March, 1947. Mr. Sword then
applied to he Board of Appeals and his application Re Board
for permission to erect a building on Lot 1 Maple
Street was denied. Mr. Lynch explained to the of Survey
Board that through some misunderstanding between
the Town Clerk and theAttorney General, the
amendment has not yet been anoroved 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 he has no
frontage. Mr. Sword would lige 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
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seemed to him 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 Yr. 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 perrlitteu on any land
further back than 125' frora 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 BY'neet B. Johnson. :Jr. , and Mr. & Mrs.
Johnson, Sr. met with the Board . The -Chairman explained that
the Selectmen are aware of the fact that there is a petition
before the bounty for an assessment of damages because of
the takings on Grove Street . He explained that
the annual town meeting will be held in March
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and the Selectmen thought it would be auvisable to
insert an article in the warrant for settlement of
the claim. He said th-at if an agreement could be
reached the claim could be settled without going
to court. hr Lynch informed the Board that the
total area taken from .. r Johns-n was 21,450 square
feet. He explained that the order of taking was
dated Dec b, 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 u990 and
the deed was recorded in Book 7u77 . Mr. Lynch
explained that he has discussed this with Attorney
Johnson. Iur. Lynch also informed theBoard that
Mr. Johnson, Jr. , purchased this entire tract of
land, approximately five acres, for .000 . The
Chairman suggested that the Board disouss the
the matter with P„r. and tars. Johnson. He asked
what they had in mind as far as this piece of
property was concerned. hr . Johnson, said that
they would like damac'es for the taking of the
land. TheChairivan asked how much damages he
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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 Mr. Taylor said that he could
have the prope.. ty at thatp rice . He stated that
if it had been left to kr. 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. Lars. Johnson said that her son
purchased this for pasture, but the road divides
the propertu and it could not be used for pasture.
Mr . Emery asked if the owner of the land planned
to build in Lexington and hr. Johnson said that
he would not at the present time. Mr. 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 1•r. Lynch
informed him that the property in ques=tion 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
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more valuable only because of building land and
not as pasture land. Lr. 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 $400 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 1100 . 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 ,r300 for
the easement and Bien have the assessment cut
down to 0_00 in addition. The attorney said the
latter vas correct. The Chairman asked how they
Johnson felt about making the damages 1400 and leaving-
the assessment as is. The town would then exchange
claim checks. The payment for the easement would be
for land '. 400 and then the Johnson' s pay the betterment
assessment on the water main of ? 400. Mr. Johnson,
taking the attorney, asked if assessment could be deferred.
Mr. Lynch said it could be deferred until such time
as the service is used. Mr. 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 ."400 for this water assess-
ment . Lir Emery asked if Mr; Johnson' s proposal
of 1300 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 1200 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 $400 and pay $200 for the ease-
ment . k,r. Emery agreed to convey this to the
Johnson' s before they left the building. He
returned 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 .
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Mr. Alfred P. Tropeano and James J . Murphy
met with the Board. kr. Tropeano explained that
at one time the Board made a counter offer of
11 ,000 and Mr . Murphy wanted some agreement
relative to the stone wall . He explained that
there are 620 feet of wall ta' en Mr. Murphy
figures that to replace the wall it would cost
him t2. 50 a foot or a total of 11, 550 which is
in the taking. Mr. Murphy was then confronted
Murphy
with the water betterment of ' 480 . Mr. Tropeano
said that this is down in low land and the Claim for
assessment should be abated because it is of land
no value to Mr. Murphy He said that kr. Murphy taking
purchased the land for ;100 and with the tut- pff
it is of les value now than it ever was . The
Chairman said that the other parcel of land will
have a greater value but kr . Tropeano said that
he did not think so because of the -igh embankment .
He said that his client hoped the Board would
agree to install the stone-rall 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
Mr. 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 buildihg a balanced wall is much
less than the figure of 12 . 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 and prevent the road from going trirough there
but he felt that $2,000 was a fair figure because
he has lost the alue of one lot file Chairman
said, that supposing fifteen years from now the
town starts construction of this sreet and
there is an areement that the town has to set
back the wall, would it De pouible for the town
to then say to whoever is the owner th. t there
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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 Mr. Lynch explained
that the agreement itself would have to be subject
to an appropriation. He said if Lr. 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 aced if
Mr. Murphy would be willing to enter into an
agreement pe: s'>nally that if and when the con-
struction takes place and Mr. Murphy still owns
the land, and ,.he 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
12, 000 damages and there is also a betterment
assessment in the amount of 1480. The chairman
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
11,000 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 disuse 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 Mr. 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
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wall back on to his remaining property , the total
betterment assessment which amounts to )430 is to
be abated the Town Meeting will be requested to
appropriate 11,000 as settlement for the claim
and approval of the ai.reement regarding the wall.
1r. Tropeano said that was correct . He said he
will send in a petition for an abatement . Mr.
Tropeano and Mr. Murphy retired at 9 25 P.M.
Mr. Lynch spoke to the Board about the Right of
proposed right of way of the Ryder' s case with way new
its relation to the new high school lot . He nigh school
explained that it would be necessary for the lot
Board of Selectmen, acting as a Board of Survey,
to approve a plan of right of way across the new
high school lot, Leximton , Lass. , October 24 ,
1947. The Clerk was instructed to bring in plans
for the Board' s signature ne t week. Mr. Lynch
retired and Er. DeFoe returned to the meeting,
He stated that during one of the recent
storms the town grader was going up Taft Avenue Accident
.11 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 notat fault. Claimcar.
The estimated cost of damages is 138 . 50 . If was
decided to refer the matter to the Town Counsel.
Mr. DeFoe reported on the sewer assessment
levied against Mr. May ' s property on Woburn Luke May
Street. Mr. DeFoe said it seemed to him that the re
town should forget the triangular piece and assessment
consider only the piece that actually faces on
Woburn Street. He explained that tae 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. Mr. Emery asked what the original
assessment amounted to . Er. DeFoe replied that it
was 4268. If it is figured on the existing foot-
age by the depth the price will be )138 .63 . Mr.
Emery asked if the particular parcel of land was
buildable. Mr. Locke replied that Er May could
build but from a practical angle he probably
won' t because he will want to keep the entraneefrom
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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 and then
see what his next move will be .
The Chairman read a letter from Martha J.
Wilson, Trustee , for the Estate of James A
Abatement Wilson, stating that she returned to the Collector
of Water of Taxes a bill in the amount of '3184 for assess-
Assessment. 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 propert, could
rightfully be assessed. Mr. Locke moved that the
assessment in the total amount be abated. Mr.
Ga :J 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
Abatement Road in the amount of ,b8 . 70. Mr. DeFoe presented
"eater a sketch showin g the lot in question. TheChair-
Assessment man explained that there was no Board of Survey
agreement with Mr 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
Mr. 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, nay not build someone in
the future may do so whereby the water would be
of some value. In view of t_.is the Selectmen
are of t'- e opinion that the assessment was
ustified.
The Chairman read a letter from the Town
Complaint Counsel with reference to the Board' s letter of
re Court January 27th regarding the disposition of com-
Decision plaints a,_,ainst Edward WittholL by the Central
District court of Middlesex Mr Lynch explained
that action is taken in the name of theComrron- '
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wealth of Massachusetts and in these matters
the Com:.onwcaltn has no right of appeal, therefore,
nothing further can be done about presenting this
matter before any Jthr authorities.
A letter was received from the Town of Burl- Ease-
ington stating that they nave no objection to the ne•nt
Board of Selectmen of Lexington recommending that Boston
the town grant easements over Butterfield ' s Pond Edison
to the Boston Edison Company.
The Chairman read a lettt.r from the School
Committee stating th t the present arrangement P.T.A.
of having the P. T. A. manage the Posture Posture
Clinic is satisfactory and t_ ey sw,gest that it be Clinic
continued until it has been x iven sufficient time
to deterimne whether or not it is workable .
TheSehool Committee will take care of the Hockey
hockey rink wit_n the assistance of the Park Rihk
Department in taking down and rernovin , the Boards,
in the Sr ing and setting them up in the fall.
II ` A petition was received iron the Boston &
:,.aine Transportation Company for a license to
operate motor vehicles beginning at the Lincoln- Bus Route
Lexington Town line via Route #2 to the Lexington-
Arlington line . TheClerk was instructed to
refer the petition to the Planning Bo rd for their
study and recommendations.
The Chairman read a letter from J Ernest
Kerr, distributors of the Dual Automatic Parking Parking
meters, statin that the price has been reduced Meters
from $73 00 to ' 62.00 f o.b factory. lir.
DeFoe was requested to obtain letters from the
Dual and Parko Companies outlining their proposals
with literature and a list of nearby towns where
installations have been made . r,-r. DeFoe retired
at 10.05 P.M.
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Bill re: TheChairman read a letter from Rep. Charles
E. Ferguson to which was attached six copies
Cemetery of House Bill l478 providing for the establishment
of a cemetery in Lexington. The Hearing is scheduled
forTuesday, March 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.
Tax Title A letter was received from Joseph L. McDonald
offering 150 for Lots 483 and 484 Ames Avenue.
Property
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 e70 for outstanding
sewer betterment assessment plus back taxes
and costs.
The Clerk informed theBoard thatGeorge
Lot 5 S. Ryan, attorney, 637 Massachusetts Avenue ,
Arlington, brought in a check in the amount
Spring of . 350 for Lot 5 Spring Street. Mr. Ryan
Street is attorney for Frs. Gertrude E. Briggs,
former owner of the property. Mr . Gay moved
that the lot be sold, and conveyed without adver-
tising. 11r. Locke seconded the motion, and it
was so voted.
An application was received from the Police
Use of Hall Relief Association requesting permission to
conduct a concert and ball in Cary Memorial Hall
on the evening of April 15th from 8 00 P.E. to
to 1 . 00 A. M. Mr. Eme. y moved that the use of
the hall be granted subject to a charge of 05 .
Mr . Locke seconded the motion, and it was so
voted.
Use of Hall 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. X-rays requested per-
Use of mission to conduct a meeting in the Selectmen ' s
Room on Thursday evening, February 5th. The
Selectmen' s Board had no objection.
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A letter was received from David A. Howland Vet' s
of 9 Pleasant Street stating that at the time
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of the drawing of the Veterans Lots he did not
think it was possible or practical for him to
enter his name. H,mever, if there is a lot
available he is no 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.
The meeting adjourned at 11 05 P.M.
A true record, Attest :
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