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HomeMy WebLinkAbout1957-01-11i~--~ANUAEY~'~ 7, 1957: continued DEPARtmENT OF PUBLIC UTILITIES: Notice received that a public hearing, will be held on Janu.~.ry 29, 1957 at the State House, Boston on the petition~f O. E. Swenson and W. H. Clifford, Agents. The Board, at the request of Mr. Kirk, voted to write to the Depart~ent to find outmore about th~s petition and Who the petitioners are and wha~ company they represent. HIGHWAY DEPARTMENT: Mr. Carry informed the board that the amount of the payrolls for the snow removal emergency on December 29, 1957 is $764.02. The other bills have not come through for the three emergencies declared. Ti~.e Board voted to certify to the Director of Accounts that the sum of $7.64.02 be expended in the emergency declared on December 29, 1956 and that it be permitted to be paid from any available funds in the treasury. RALPH BRASSEUR: A letter was received from Ralph Brasseur giving information on the various streets listed by the Selectmen as requiring reconstruction under the new law, Acts of 1956. Mr. Brasseur listed all the streets and the appro~.imate cost with the exception of Middlesex Street from Third Street to Greene Street. The Board felt that they should have the figures on the distance from Third Street to Greene Street. and will so notify Mr. Brasseur before any action is tak~n~i with respec~ to any work on the streets listed, which were Middlesex, Second, Elm, Prescott and High Streets. JANUARY 11, 1957 MELAMED PROPERTY FOR NEW SCHOOL: Atty. Arthur A. Thomson opened the meeting and stated that this meeting comes about as a result of a conference by Mr. McNiff on December 3, 1956 relative to the opportunity for disposition of this matter without court action. Mr. Melamed had called and he under- stood that he would receive a notification from the Selectmen re: the taking of his land and whether or not a figure could be arrived at. Subsequent to December 3rd, Mr. McNiff indicated that the owners of the property were concerned with $40,000 or $50,000. Mr. McNiff later gave the figure of $35,000. Cypress Terrace is not involved in the taking. The Board of Selectmen officially represent the ~own and Mr. Kittredge represents the School Building Committee. The purpose of this meeting is to discuss whether or not we can arrive at a reasonable figure. If we could agree on a figure then further action would be required by a Town Meeting to raise the additional amount necessary..If the proceedings are amicable and a figure agreed upon, no court proceedings would be necessary. Mr. Thomson referred to a letter he had received f=om Attorney McNiff in which he stated that the taking was authorized and the Melameds now of necessity, consider the question of damages. They hold the view that their land, measuring approximately 50 acres, will sustain a value diminution of between $40,000 and$SC,0OO as a result of the taking. However, he states that he is.prepared to recommend to his clients that they accept $35,000 as damages for the 9 acres taken and one half acre of Melamed land known as CypreSs Terrace of which no taking has yet been authorized. Mr. McNiff stated that Mr. Thomson had covered everything in a general but there is some- thing that must be understood. When these takings are tested under the law they are viewed with a prospect of ascertaining and proclaiming complete damage to sll property of the Nelameds of which taking is a part. "You can't assess damages by saymng, ,~We are taking so much.,, Mr. McNiff said that the whole thing includes a poultry business and the necessary incident ~o business is space. The parcel of land taken was cleared particularly for the turkey business. He stated that they had the whole works appraised by an official from Boston and he gave the severance damage as $40,000/ He felt that if this should go to court no~ only the land would be considered but the severance damage. If they get good counsel an expert will give a good estimate. Mr. McNiff said they had been considering an article for the annual town warrant to rescind this taking of land and put the new school in the Center playgzound area. The Melamed' s first preference is not' to have the land taken. They want to hold onto their land. When Mr. Malamed first spoke to Mr. Kittredge he offered l0 acres of wood land and that offer still holds. Mr.' Melumed said they would be limited ~o productio~ because of this land takiug and if the right of way is taken they will have no access to the bac~ land. Mr. Kirk inquired of Mr. Kittredge how he arrived at the figure given to the town for this property. Mr. Kittredge said that it first involved the Coolidge property which wasfigured at $1200 an acres. They felt in thc final analysis that with betterments (such as sewer and :%,ater) to adjacent property that this land was ~orth more than the Coolidge.property. They checked with two or .three realtors and their expressed opinion and considered cost which any developer might get into, figured about $1500 as reasonable. Mr. Melamed said he could have sold it for $3,000 an acre and Mr. Thomson said he could understand a .,deyeloper coming in and offeringe~tra . Mr. 'Thomson asked if, as a method of approach, the~'wanted to disclose what part of the figure is severance damage. ~t this point Mr. Broadhead inquired of ~. Melamed if all this land was used as a turkey farm. He said he had been in the turkey business for six years and raised 1200 turkeys this year. JANUARY 11, 1957: continued Mr. Melamed talked about how he came into possession of the land in question and that it had been in the family for a long time and would be handed down to others in the family. He said the land was worth $2,000 an acre. Mr. Kittredge remarked that he doesn, t know anywhere in. the United States where you can afford to farm land at $2,000 an acre. General agricultural land is $700 to $800 an acre. Mr. Kirk felt that comparative values might be for one acre and it would not be a fair comparison. Mr. McNiff asked if they would consider putting off building the school in this location and put it on the Center playground land. He felt it would save the ~OW~ money, Mr. Kittredge said that they felt that they should give the town the best recommendation for locations for the new school and they have done that. Mr. Thomson said that the Town voted this particular plot. It isn' ~ now a question of boards. The town has voted and this is it. He questioned if they could go back to the mown and say,,~e can't have this land, the price is too high,,. He inquired if the Melamed family would be interested in an exmension of a public way mo their remaining land. .Mr. McNiff said there was no question that if Cypress Terrace is taken, it will be a public way and if they put a school in there, there would be no way to get Mr. ThomSon mentioned that if there is a subsequent taking of Cypress Terrace there might be another right of way opened for Mr. Melamed, perhaps with utility privileges. Could this be considered as a compromise price? He said that the severance loss appears to be the greater part of the claim~and it might be possible that your client might be enriched if Cypress Terrace is a pubIic way. If it were to eX~end ~o the remaining land, it would be of tremendous value to client. There would be easy access mo the main part of the land and would give him utilities. You suggest that he is losing by severance damage. He could say that he is tired of the turkey business. Mr. McNiff said that the Melameds are satisfied with the way things are going and when the school is built, he will have the turkey farm next to the school. Wha~ he wan~s is the turkey business. This is a family proposition. Mr. Thomson stated tha~ Progress has to take place andwe all know that. The town will pay the Melameds and increase the value of their land. The ~own has taken the land and if any consideration can be given to the public way, it might be a compromise. Mr'cashMCNiff. said he would advise the Nelameds against any proposal except for Mr. ~homson said that this is strictly a dollar and cents proposition. He has no authority to say anymore. This meeting was called to discuss with the Melameds the matter of a strict isPr°p°siti°nsomething°fthat$35'O00'BasicallY'has to be done. the individuals are going to be dis%urhad but it Mr. McNiff said that if you thrash this out, it has ~o be a dollar and cents proposition. He said the Selectmen don, t give a "dam,, they offer you $12, O00. Mr. Thomson said that Mr. McNiff hasn't indicated any change from the figure of $35j 000 and if that is their figure, is that the minimum. Mr. McNiff said it was up tothe mown to give a change in figure. 'Mr'delayedTh°ms°nuntilSUggestedafter Februarythat the4, Board1957. ask Mr. McNiff tha~ further proceedings be JANUARY 14, 1957: The regular weekly meeting of the Board of Selectmen was held at 7:30 P.M. with all members present. ~{eekly bills and payrolls were approved. DEPT. OF PUBLIC UTILITiES: are A letter received explaining that O.E. Swenson and I{. H. Clifford,/Agents for the filing of tariffs, and they represent the N.Y. Central Railroad, Boston and the Boston & Maine Railroad and the New York, New Havenand Hartford Railroad, and their office is located at 525 South S~ation, Boston. They ulso explained the purpose of the hearing to be held on January 29, 1956 at the State House. The Board vo~ed mo accept the letter and file it. DEPT. OF PUBLIC HEALTH: A l~tter received from the Department of Public Health advising that they are writing in behalf of the A. B. Colgate, who submitt~d~a plan of a proposed tank. chamber to enclose memal gasoline storage ~mnks at the site referred to in Department, s communicamion ~o you of November 28, 1956.The Department ~ms examined the plan and is of the opinion that with certain modifications in the design the installation of metal tanks in such a concrete tank enclosure will afford adequate protection to the water supply of the town of North Andover. If the board approves~ the installation, it is recommended that the walls of the proposed concrete tank bec-~ealcd t~Ltha floor slab and the floor slab be required to have thickness of one foot of concrete unless reinforced, in which case it i s recommend ed that the thickness of the floor slab be 8 inches. This is a copy of the letter to the Board of Health and they submitted a copy of the plan to that board.