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HomeMy WebLinkAbout1948-07-02436 SELECTMEN'S MEETING July 2, 1948 A special meeting of the Board of Selectmen was held on Friday evening, July 2, 1948, at 7:45 p.m. There were present: Chairman Paxton, Messrs. Emery, Gay, Driscoll and Nickerson. Mr. Daniel A. Lynch, Town Counsel, Mr. Joseph H. DeFoe, Suptt. of Public works, and Mr. Robert Ryder were also present. Mr. DeFoe presented plans showing the South Branch of Vine Brook starting on the southerly side of Winthrop Road Extension up to the so-called Liberty Drive and then turning left angularly towards Grape Vine Avenue on Kendall Road Extension. Mr. Ryder asked how long the temporary easement would last and what were the terms of the easement. Mr. Lynch explained that the right of the temporary easement lasted during the actual operation of the work. Mr. Ryder wished to be assured that no trees would be removed under the temporary easement. Mr. Lynch advised him that if any trees were in the way they could be removed but it was not likely under the temporary easement. Under the permanent easement some of the trees would probably have to be cut down. He explained that there was a little flexibility and if there was a valuable tree they would try to circumvent it. Mr. DeFoe explained that it would be difficult to save any trees once the work was started on a long straight of way but there might be some point where the line could be altered. Mr. Ryder asked if any of the members of the Board had gone over this -proposed easement to find out how many trees, if any, might be affected, and what kind of trees were there. He felt that this might make a difference in the value of the easement. Mr. DeFoe said the easement had been laid out to avoid any large trees as far as possible. Mr, Ryder said he thought he understood what the town wanted and was ready to listen to their offer. The Chairman explained that the Town was anxious to get started on the sewer but it was necessary first, to straighten out these easements. The question was just how cheap they could get out of it. 1 437 Mr. Ryder said he had talked with Mr. DeFoe ald Mr. Burns some weeks ago and submitted his offer and his only change in this offer was that if there Mare:a substantial number of trees that could be converted into wood in that right of way, which have to be cut down, he felt that he should have the wood in addition to what he had already requested. He said it would not amount to a great deal but if he doesn't take it the contractors will and he thinks it should belong to him. He said it should be cut in four foot lengths and piled on the side and he.should have it as part of his compensation for the easement. Mr. Ryder said he had made it just as easy as he could when he made his proposition to Mr. DeFoe and Mr. Burns because he wanted to co-operate with the Town. Mr. Paxton said that he thought these sewers were going to service a large area but that they would benefit the land through which. they will run and will make possible a quicker development of the area. Mr. Paxton said he understood that Mr. Ryder wanted (1) to run the drain down Winthrop Road to Vine Brook and the return of.the easement formerly given to the Town; (2) cleaning of the Vine Brook; and (3) the return of the Holmes Meadow Land. Mr. Ryder stated that e_had made an offer to the Town several months ago or the Holmes Meadow Land but this offer was refused. He said he realized that it had been given to the Planning Board for study but that the land fits into his plans for developing this section and he feels that it should now be given back.to him. He said it did not cost the Town any- thing and they had made some profit from the lots which they had already sold. Mr. Ryder said he paid $4,500 for it some years ago and had paid some taxes to the Town on it. .Mr. Ryder asked how many feet of pipe there were from Sherburne'Road to the Brook. Mr. DeFoe replied about 650 feet. Mr. -Ryder thought that this might be dug up and reused. The Chairman said that the cost of digging it up and the possibility of breakage depends upon the type of pipe. If it is vitrified clay pipe it will probably break. If it is cast iron pipe it would be a different matter. He ex- plained that the vitrified clay pipe stands a certain amount of strain while buried in the ground 438 but when exposed to the air would break easily. The cost would be too great if it was this type of pipe. Mr. Nickerson asked if the area of the taking had been competed and Mr. DeFoe replied that the total area, North and South Branches was approx- imately four and one-half acres. Mr. Nickerson asked who was to determine a fair price per foot for this land, Mr, Ryder said that he didn't think it could be figured on that basis. The whole picture would have to be considered. He felt that some house lots would be lost to him and his plans would have to be r evamped. Mr. Paxton said he did not think the easement would ruin the house lots. Mr. Ryder admitted he could sell them subject to the easement. The chairman said the sewer, by necessity, is running through the lowest possible section with one exception. It runs through the least valuable land and the lots least adapted to house lots. Mr. Ryder said he was selling lots there at 12-15- 17 per foot, Mr..Nickerson asked Mr. Ryder if he were going to buy this particular strip of land what he would be willing to pay for it. Mr. Ryder said this was not a fair question inasmuch as the Town would be using it for municipal purposes and with him it is a question of how it will affedt his remaining property, and of who will get the benefit. Mr. Lynch asked if Mr. Ryder's plans as hub- mitted to the Planning Board contemplated any build- ing on this land and Mr. Ryder replied in the negative. Mr. Ryder said he had very definite plans for this land which he hoped to s tart working on within twelve months if the land was returned to him. Mr. Paxton said that off hand he thought Mr. Ryder's request -was fair but he did not agree with him that the Holmes land should be returned to him at this time. He said that the Town had appropriated money for the Planning Board for study, aerial photos and general replanning of our municipality and as this particular piece of property was near the center it might enter into their recommendations for future development. Mr. Ryder told the Board that the Holmes land does not run back to the brook. It runs two feet away from the brook. He said he had sold some land to Tropeano but that he still owned 45 feet free and clear of any easement, and then he had the easement on top of that, and if someone wanted to build a small house 4,39.. he owned the fee. He owns up to the Holmes land. Mr. Paxton said these were sane of the reasons why he felt that the Planning Board should have more time to study this land and complete their survey. Mr. Ryder said the Town has the drainage and sewer easements and still have the sttip between that land and the land owned by him but that they can't get out of it without his permission. Mr. Lynch explained that they could take land for any municipal purpose and make an entrance. It would not have to be for highway purposes. The Chairman asked Mr. Ryder if he would be willing to leave the meeting for a few minutes while the Board dis- cussed the subject and Mr. Ryder retired at 8:50p.m. The Board discussed the matter at length and Mr. Ryder returned to the meeting at 9:05 p.m. The Chairman explained that time was short and the Town was anxious to Let started on the sewer work. He said the contract with Greenough Bros. had not as yet been signed but his pipe was over there and he wanted to get started as soon as possible. The Board does not feel that they want to definitely commit themselves on anything at the present time but they do Want to start work; therefore, they want to take this land by eminent domain but they also want to have the opportunity to discuss this further with Mr. Ryder from time to time. They assured him that this was not a closed issue as that was definitely not so. In order to proceed with the work they would like to take it by eminent domain and then look over the easements and the entire land and discuss it further with Mr. Ryder. Mr. Ryder accepted the decision of the Board. He said he would continue with his plans as far as possible and that- he would be willing to meet with the Board at any time. The Chairman thanked Mr. Ryder for his co-operation and Mr. Ryder retired at 9:15 p.m. Mr. Edwin B. Worthen met with the Board and Sketch presented an architect's sketch showing the first Given to Town Hall which was completed in 1847. This sketch Board of has been given to Mr. Worthen through the courtesy First of Miss Susan Muzzey and he was presenting it to Town Hall the Town for the Selectmen's Room. Mr. Worthen 440 Sewer Extension Tucker Avenue Loam on Robbins Road said that he would write'an appropriate inscription to be placed on the picture before it was framed. The Chairman assured Mr. Worthen that the Board was pleased to accept this sketch and that it would be framed and hung in the Selectmen's Room. Mr. DeFoe asked permission to have Mr. Russo install about 150 feet of sewer on Tucker Avenue. He explained that all the work in that section was being completed and the residents.had requested that this becdone. Inasmuch as Mr. Russo's equipment is still in this section he will agree to do this strip at the same estimated cost which would be an approx- imate total of $920. Mr. DeFoe said he would like to include this as an extra under Mr. Russo's contract but Mr. Lynch said that he would advise it on being done as a separate job. Mr. Lynch said that it would not have to be advertised as the total cost would be under $1,000. Mr. Driscoll asked Mr. DeFoe if he had sufficient funds in his account to d6 this work and he replied in the affirmative. He.said that two of the lots were assessable and that there were sufficient funds in the Sewer Construction Sundry Streets account. Mr. Driscoll then moved that the Supt. of Public Works be authorized to have Mr. Russo install about 150 feet of sewer on Tucker Avenue based on the unit price of his other work at a total cost of approximately $950. Mr. Gay seconded the motion, and it was so voted. Mr. Gay said that Carl Samsel would like permission for Mr. DeFoe to dump one load of loam on Robbins Road. He is willing to do the work of grading and seeding if the Town will furnish the loam. Mr. Paxton explained that this was a custom that was practiced prior to the war and he could see no objection. A general discussion followed regarding Baskin's Pine Knoll Road assessments and on the establishment of a policy for betterment assessments to be used in the future. The Chairman said he thought we should set the price now for water mains for 1949. The Clerk was requested to advise the Sup't. of Public Works not to quote any more prices on water main construction uhtil'after he has submitted anc' average cost of zCad a 1 441 construction to them based on the same formula he used a year or two ago. The Chairman suggested that the Clerk of the Board write to surrounding towns to find out the practice being followed by them on assessments for betterments streets, and to present the information at the next meeting. It was decided to withhold any decision on Baskin's assessment'until the next meeting. The meeting adjourned at 11:00 p.m.