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HomeMy WebLinkAbout1961-03-22-BOS-min 402 SELEE TMEN'S MEETING March 22, 1961 A meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Wednesday, March 22, 1961, at 8:00 P.M. Chairman Morey, Messrs. Richards and Cole were present . Mr. Stevens, Town Counsel, and the Executive Clerk were also present. Mr . Hurd and Mr . Fitzpatrick, representing MIT, met with the Board. Mr. Hurd stated that the information he now has on hand necessitated getting it to the Board as quickly as he could . He said, looking back on what le is al- leged to have said, and he didn' t argue with the press, it inferred that when he was at the public hearings before the Selectmen, Planning Board, and Town Meet- ing, what they intended then and what they knew, the fact was the building they were going to build on the Maguire property would be taxable . His information now is, because of the change in plans, it will not Zoning be taxable . That being the case, what he told the Board then was not the case, but he believed it at the time to be so. He said the Board may want to re- consider the action taken in rezoning the M 1 property into a 3 C zone . He stated that the Air Force has changed plans and now intends to build the building itself. He said MIT would build the building but the funds will be Air Ferce money and the title will be Air Force and they will lease the land . He said they have not purchased the land yet . It is an entirely different story than what he lead the Town to believe at every hearing. He stated that Mr. Fitzpatrick has been in communication and conference with the powers that be and has insisted, because of the promise made to the Town, that if they are mot going to be in a position to pay taxes, something should be done if the Town is going to let them go ahead, and pay something in lieu of taxes. He said it would be in the heighbor- hood of $12,500.00. Mr. Fitzpatrick said this is as high as he has been able to get the Air Force to go. Mr. Hurd said it hoped that it will be a ten year lease of the land. Mr. Fitzpatrick said they are asking for a thirLty year lease from MIT who will buy the land . He said he was trying, whatever the terms of the lease be , 403 that there be an additional amount representing the payment to the own of Lexington for each year as long as MIT owns the land . He said it is possible , with the government building on MIT land, that they would require as part of the lease an option to buy at the completion of any year. The type of thing he is working on now is how much per year and how many years guaranteed. He said he thought it would be well if he came back before the Town and told them what the situation was, to see if the Town wanted to revise the zoning or pro- ceed with negotiations of this type , or what . Mr . Hurd said this is an entirely different story than what he had at the time , and he had as good indication as he could get that what he stoted at Town Meeting was the fact. Now it is not, and he thought it only fair that reconsideration be given to the whole matter of zoning,;; The Chairman expressed surprise that MIT did not take title to the land . Mr. Fitzpatrick said he was sure that back on November 20 they would have the money in ten days, but as a matter of fact, they don't have the money yet . He said they did start work on the project on November l and have been working on it . Now the space problem is just intolerable . He said one talks with different levels in the Air Force . The people who want them to dotthis job are still emphatic, but the people that have to do with the construction of the building are unimpressed and this is not uncommon. He said he did get $1,000,000. which will probably come through in ten days. The Air Force cannot promise now that it can build, and is seeking a way to use research money to build a building. He said he did not know if they can get it. The Chairman said the building the Board was ex- pecting this spring may be ready for occupancy two years from now. Mr. Fitzpatrick said they could not continue the project. He stated that they have to have a firm schedule within ten days or get out . Mr. Rmchards said, forgetting what has gone on prior to this, the Baird was being told that title to the Maguire property will be acquired by MIT who will hold itas a nontaxable organization and at some point, a building will be constructed, by whom and for whom is not important, except that it will be leased Mr. Fitzpatrick said no, MIT will buy the land. The Air Force would lease the land from MIT with an 404 option to buy. The Air Force would ask MIT with $1,000,000 . to build a building and this building would be government titled. It would be a government building on MIT-owned land. He said they have not agreed to lease to the Air Force because they want an agreement with the Town of Lexingthn that thuld be satisfactory to the Town. They feel they have committed themselves. Mr. Richards said there is nothing to prevent the Air Force taking this land tomorrow. Mr. Fitzpatrick said it would be about three years . Mr. Richards said the land acquisitions have been stepped up in that area, and a United States ' attorney has said they were going to tate the rest of the land. Mr. Fitzpatrick said the terms of the lease he proposed are that MIT recover a capital sum over the next ten years . In addition, there shouldbe an amount worked out with the Town of Lexington which MIT would pay Lexington in lieu of any taxes. He said what is being said tonight is, the facts they represented to the Town are no longer true . He said if the Board desires to consider the change in zoning back to residential, it would be reasonable . If not , they would like to lake some financial arrangement with the Town in lieu of taxes so the Town would feel MIT was not acting in bad faith. If such arrangements cannot be made, they will not pur- chase the land and will not put up the building. Mr. Richards said there is no feeling that MIT was acting in bad faith, and stated that it is a laborious task and a time consuming task to change the zoning and he could not see that there would be any purpose served. It is more or less of a small piece in an area &a.ready zoned. Mr . Stevens said it was changed to a purpose that was the same for which the land of the United States government was being used. He said if th&se were to become C 3 in a free market and could be purchased by anyone , he was sure it would be embarrassing . Mr. Fitzpatrick said their option is good until May 1, and the zoning could be changed before the option expires . Mr. Richards asked how the Town would suffer and said he would like to see a good piece of taxable pro- perty owned by X, Y or Z. Mr. Fitzpatrick said he did not know how MIT could do this, but it would do anything to protect the Town, He said the Air Force is committed for April 1 and he thought the Air Force would get thepermission they want. 405 Mr. Hurd said MIT now finds itself in the position where what it told the Town was not so. He said that no matter what happens in the next ten days, they are not going to have a taxable entity on the Maguire pro- perty, and in that case, he wanted to tell the Board. He said seeing a time factor involved, he thought it only fair for the Board to consider the situation because what he said at the time may have prompted the people to vale as they did. Mr. Fitzpatrick reported that he had given two maps , normal peace time situation and emergency situ- ation, right up to date to Mr. Burnell, having obtained permission from the Air Force to give them to the Plan- ning Board. Mr. Richards said he understood MIT has already made the proposition to the Air Force and explained that MIT feels since the commitment and representation to the Town, it would bee fair and reasonable that a sum certain would be added to the normal lease arrangements in order to pe paid to the Town in lieu of taxes and payment would be made so long as MIT owned the land. If MITexercised the option, that would expire as well as the lease . He said the detire of the Air Force to get going has the effect that they would agree to such an arrangement, but he thought the government, at some point, would be opposed to the additional amount and say there would be no appropriation to pay this . Mr. Stevens asked when the Board would hear further and Mr . Fitzpai,rick replied by April 1. Mr . Hurd said they would keep Mr. Stevens and . the Board informed on what transpires. Messrs. Hurd and Fitzpatrick retired at 8:45 P.M. Mr. Stevens presented a plan of slope easements for Lowell Street and indicated the areas taken. Upon motion duly made and seconded, it was voted Slope to sign slope easements in connection with the con- easements struction, under Chapter 90, of the intersection at Lowell Street, Maple Street and Winchester Drive in the following forms: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 22nd day of March, 1961, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 7, 1960, namely at an adjourned session 406 inne 1 CD at thereof duly held on March 21, 1960, it was duly 1 "VOTED: That the sum of $40,000.00 be ap- propriated for construction under Chapter 90 of the intersection at Lowell Street, Maple Street and Winchester Drive and for resurfacing Winchester Drive and that pay- ment be provided by the transfer of *30,000.00 from the Excess and Deficiency Account, and by raising the balance of 410,000 .00 in the current tax levy."; and WHEREAS, the Selectmen have determined that it is neces- sary in the construction of said intersection at Lowell Street, Maple Street and Winchester Drive, all public ways ih said Lexington, to acquire slope easements in certain land abutting on said Lowell Street that is herein- after described. NOW, THEREFORE, we , the undersigned, being a majority of the Board of Selo ctmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby under and by virtue of the provisions of Chapter 89 and of Section 32B of Chapter 82 of the General Laws, and all acts in amend- ment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the per- petual rights and easements to enter upon, remove, deposit, slope, bank and maintain upon the parcels of land hereinafter described situated on Lowell Street in Lexington whatever material, filling or support may be deemed necessary for the construction and maintenance of said intersection; said parcelsof land being bounded and described as follows: Parcel 1. A strip of land situated on the easterly side of Lowell Street, extending along the entire width of Lot 3 on plan hereinafter mentioned and having a minimum width of 17 feet, more or less, and a maximum width of 18 feet, more or less, all as shown and marked "SLOPE EASEMENT" on plan entitled "Plan Of Slope Easements Lowell Street Lexington, Mass.", dated September 28, 1960, John J. Carroll, Town Engineer, a copy of which is annexed hereto; Parcel 2. A strip of land situated on the easterly side of Lowell Street, extending along the entire width of lot 4 on the aforesaid plan and having a minimum width of 5 feet, more or less, and a maximum width of 9 feet, more or less , all as shown and marked "SLOPE EASEMENT" on the said plan. 407 I Parcel 3 . A strip of land situated on the easterly side of Lowell Street, extending along the entire width of Lot 5 on the afore - said plan and having a minimum width of 5 feet , more or less, and a maximum width of 7 feet, more or less, all as shown and marked "SLOPE EASEMENT" on the said plan; and reference to the aforesaid plan is made and said plan is incorporated herein for complete and detailed descrip- tions of said parcels of land. Said rights and easements in the above described parcels of land are taken without interference With or prejudice to the rights of the owners, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there is reserved to the owners and their heirs, successors and assigns, all their rights in and to the use of their land lying within said above described parcels for all lawful purposes not inconsistent with the) use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the surface of the premixes in reasonably as good condition as when the entry was made . Any trees upon the land included in the above des- cribed parcels of land are included in the taking. • The land in which the aforesaid rights and easements are taken is believed to be owned by the following named persons, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us : Lots as Shin on Afore- Certificate Owner said Plan No. Book Page Church of Christ 3 98369 622 19 in Lexington George H. Coblyn ' and Clementine I. Coblyn, husband and I • wife 4 82937 544 187 Arthur Byron and Damiama Byron, husband and wife 5 78734 523 184 408 1-4 CD mid No betterments are to be assessed for this improvement. And said Board, having considered the question of damages, hereby determines that no damages h:!ve been sus- tained us- tained and none are awarded . WITNESS our hands at Lexington aforesaid this 22nd day of March, 1961. /s/ Ruth Morey Norman J. Richards Lincoln P. Cole, Jr. Majority of the board of Selectmen COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . March 22, 1961 Then personally appeared the above named Ruth Morey, Lincoln P. Cole , Jr. , itind Norman J. Richards, knowsto me to be the duly elected, qualified andacting Selectmen of the Town of Lexington, and severally acknowledged the foregoing instrument to be their free act and deed, before Me , /s/ Hazel J. Murray . Notary Public My commission expires:November 21, 1964 The Chairman read a copy of letter from Lieutenant Air Force Colonel George A. Criser concerning the additional water Water and sewage requirements which will be expected with the addition of the 200 housing units the Government will start constructing in September . Mr. Stevens retired at 9:.35 P.M. Letter was received from Mr. and Mrs : D. H. Darden, Jr. , 61 Burlington Street, requesting an offer of settle- Claim ment for damages for land taking for the purpose of street widening and sidewalk construction. The communication was referred to Mr. Carroll. 409 Upon motion duly made and seconded, it was voted to grant petitions and sign orders for pole locations, all approved by Mr. Carroll, on the following streets: Laurence Lanes southeasterly from: apoint approximately 120 feet1southeast of Pleasant Street,: 21 J/or pule s:; v. Lillian Road, southeasterly side, approximately 130 feet southwest of Lowell Street, - 1 pole ; Lillian Road, northwesterly side, southwesterly from a point approximately 255 feet southwest of Lowell Street, - L poles ; Pole Carley Road, southeasterly side, northeasterly from locations Milk Street, - 4 poles ; Bowker Street, northwesterly side, northeasterly from a point approximately 55 feet northeast of Taft Avenue, - 7 poles; Blodgett Road, southeasterly side, northeasterly from a point approximately 30 feet northeast of Appletree Lane , - 6 poles, guy wire and anchor on sixth pole ; Thoreau Road, northwesterly side , northeasterly from a point approximately 35 feet northeast of Emerson Road, - 10 poles, guy wire and anchor on the 8th and 10th pole ; Thoreau Road, southerly side, westerly from a point ap- proximately 45 west of Lowell Street , - 6 poles; Lowell Street, southwesterly side, approximately 185 feet southeast of Woburn Street, - 1 pole (One existing pole to be removed. ) Further discussion was held relative to the ex- tension of a sewer to service Mr. Davis ' house at 18 Boulder Road. A complete breakdown of the estimate 410 0-1 cost and betterments was submitted to each member of the Board. Upon motion duly made and seconded, it was voted that the Town will construct the sewer provided that Mr. and Mrs . Davis and Mrs . Robert W. Fernald grant easements to the Town at no cost to the Town and that Davis sewer Mr. Fletcher on Burlington Street grants an easement to the Town at no cost to the Town, the latter to be arranged by Mr. Davis . It was also agreed that the sewer betterments for the Davis property would be *1231.11 and for Mrs . Fernald, *1068.89. Further consideration was given to Mr. James B. Bushardts request for deferment of street and sewer betterments levied against property owned by him at 25 Bowker Street . It was determined that the provisions of Chapter 159 of the Acts of 1950 do not apply in this instance as they provide for deferment of betterment assessments on large tracts of land only, and not to single lots . Upon motion duly made and seconded, it was voted to deny Mr. Bushardts request. The Chairman read a letter from the Planning Board recommending that the Selectmen have prepared for the Buckman Dr. next Town Meeting a layout of Buckman Drive extension Summit Road and also the extension of Summit Road to Fern Street ; that public hearings be held and articles :.inserted in the warrant for the Town Meeting. Upon motion duly made and seconded, it was voted to take the necessary steps to layout the extension of Buckman Drive and the extension of Summit Road to Fern Street for presentation at a Special Town Meeting; no request for funds to construct the way to be made at this time . The Chairman read a letter from the Planning Board stating that rumor has it Maney' s, known as the Metro- politan Equipment and Service Co. , on Bedford Street, is for sale . The Planning Board feels that if the establishment is sold, a problem may arise, if it does not exist already, as to the continuity of the present use of the property. It was agreed to ask the Building Inspector to check and advise the Board what businesses are now being operated in the area and what, if any, permits have been granted by the Board of Appeals . 1 41 Further consideration was given to Mr. Carroll's letter relative to the method of assessment used on betterment street construction. Upon motion duly made and seconded, it was voted Street to increase the figure of $7.50 per foot, now used Assessment as being the maximum cost to each abutter, to $10.00 figure per foot . Upon motion duly made and seconded, it was voted to approve bond on behalf of Ethel U . Rich,.. #912069, Bond in the amount of $100,900.00. Invitation was received from the Pilgrim Congre- gational Church inviting the Board to attend the Corner- stone Ceremony to be held at 12:00 noon on Sunday, Invitation April 9, 1961. Requestwas received from the Lexington Little League for permission to conduct a parade from the Muzzey Junior High School to the football field near Parade the Senior High School on Saturday, April 29. Upon motion duly made and seconded, it was voted to grant the request . Letter and petition, with 593 signatures, was re- ceived from Mrs . Katherine A. Waterman requesting an investigation of traffic and safety conditions at Countryside . Traffic It was agreed to ask the Planning Board for its reaction to thele tier and to send a copy to Mr. Ferguson of the Traffic Study Committee . Further consideration was given to letter re- ceived from the Lexington Junior of Commerce , re- questing permission to construct a fallout shelter on Town land. Fallout Upon motion duly made and seconded, it was voted shelter to grant permission to construct a shelter on Meriam Street, Buckman Tavern area, the exact location to be determined by Mr. Mazerall. Letter was received from the Planning Board with reference to the so-called screening committee . The Chairman suggested, and the Board agreed, to Screening acknowledge the letter and advise that it does not seem that the Boards are too far apart in their conceptions of the committee, and as it progresses, it can be deter- mined what its best uses are . 1 • 42 Upon motion duly made and seconded, it was voted to sign a Certificate of Character on behalf of William Peddler DeFelice , 8 Westview Street, who has applied for the renewal of his license to peddle . Mr . DeFelice is employed by the Hall Omar Baking Company. Letter was received from the Recreation Committee Skating advising that a ladder and a life ring station have been area installed at the Marrett Road reservoir skating area. Notice was received of the School of Metropolitan Affairs to be held April 6 at Brandeis University. Letter was received from Rosaire Rajotte, North- bridge, relative to flying the United States flag twenty- Flag four hours a day . Mr. Cole said he knew this individual and it was agreed to write him that Mr. Cole would look him up when in the area to discuss the subject . Upon motion duly made and seconded, it was voted to meet at 7:00 P.M. , on Monday, March 27, 1961. The meeting adjourned at 11:10 P.M. A true record, Attest: rr (Via` �xe .4tiv leak, Selec en Jam/ 4r ," i