HomeMy WebLinkAbout1926-01-26 286
IBG, J 26, 1926. "t:
F.�
regular eetinr- or the Board of selectmen was held on '71
January 26, 1926, ^t 7 30 7. et ti e electmen' s foot-, Town Rall,
Loxinntrn. 2he following members of the Bo^rd were present, Messrs .
Hutchinson, iiles, Custance end Burnham. The upt . of rublic orks
and Cl rk were also present.
Notice of intention -to lay-out aff Oakmount Uircie was signed by the
Board.
Appraisal of the new high School Building in connection with the
old building was received from C. s. Cunningham, Contras or.
The appraisal on the old building is 137,673.74
The ap=raisl on the n e' buildin is 336,322.10
Total valuation 473,995.84
This appraisal made by ":r. Cunningham was for the sum cf 50.00. It
was thong Zt by the figuT es presented that sufficient insurance was
now being carried upon the to vn buildings .
Petitions were directed to the County Commissioners for the
relocatin and reconstruction of ' altham Street from Concord Avenue
to altham line and of Lowell Street from East •.'trect to the Burling-
ton line. V
letter was received from ndrew Bain in which he requested an
increase in pay to 1200 -Ind the Board voted to approve the sum of
1200 for the Plumbing Inspector and also for the Building Inspector,
and the board decided to take the natter up witlh, the - :ropriation
Committee.
Notice was sifned of hearing at the Dtgte House on change of
service on the Boston & Maine Railroad; hearing to be held on
January 27th.
Conon Victuallers License was granted to the Tenor crescent
Tea Room corner of Ho. ilancoclr , Itreet and Bedford Street .
Bid for the wraclring of the To'"'n Hall_ vas received from the
Lowell 'rocking Company amounting to s�500.00.
The following committee came before the 3oard to secure a town
meeting relative to t e curtailment of the Boston ?c Maine Railroad
service T'd'•ard I . Fenn, illard C. 'Till and Charles H. )chofield.
They urged that a to: meeting be l'ld as soon as cossidc so that
conjunctive action could be ta], en with «rlin ton and B,e at ord in an
endeavor to hold the present train service. The Board set the date
for the town cetine as -''eb. 9, 1926.
Justin -hea of the Lexie;ton otor ales Co-rnlny cane before the
Bo ,rd in reg. rd to securing his p_rmit to do business at 119 Mass .
venue. TT claims he did not 'snow that the license for the use of the
w es not renewed le "t year, that it van left -Ti.th his man to
do it but _ e 91-,t h ve "o, ett ,n it. He said he vas willing to do
whatever w e ordered by the Board or the 'tate and that he ^ould
remove the gasoline from the cars .
The Board informed him that they had received complaints and
also persons in the vicinity had their insurance rates increased
on accJulL cf the building. The Board stated that they would take
the Y .att r under considerrtion and let nim know what action Mould. be
287
taken a
In th.i cnnnaction_ t_1 In t_ecto- notified to find
out 1; t'.:, `tat e'7nr r'nt of 'u )l is nfety ordered in this
case so t th.> an Inc 1,17 01,11 bl' si'^ s - .
,ndST of ri'Or�. (l_ 'ill for 'incl- ar S ;m 1 , J " ., re—
o-
H—
o` Lre Ser! i, fro the - =7 0111-10D1
Th? _ rrrosed rill is as f(-11C'
House I\1O. 732
,�rr 'erry f e �� o' Imre1 k :2,1- 1-7 efor
By o L ].. n'.t, p ion _ ric.t L.
legislation to clan e the methol Ind r' t' of sewer n_- sessments in the
town of Lexin-ton. 'u.nicip 1 __ n lace. Tan. 1D.
m71- - -- T 7 null- 'nr
Tn the V> r !re n. in Tuna OC' s d my enty- Six.
_ct to c' an e the Od -11Thl t , of ewer ;^: . 'lens in the Town
of L,-"- in,.ton.
Be it enacted by tl e _en_,t - an ! 'T9'1 e 0'7 e,)" -sent tives in
General C, „_, t embled, an ' by t] e au! in -ji—y of the same, as fn1lows :
,1TI J11 1. Chaet _er 'Tuns' erg lad twen t`r-two of the acts of
nineteen hundred anc' thirteen shall ee -nLer =.,1 b substituting for sec-
tion one thereof the followin- ection 1 . fifty ,Jercent of the cost,
t s her defined, of al.l i1 r * se rs nes Jafter c -,nstruc `-e,' in
the ,town of Lexin ton in tr'^o1'r1 _nc,''. l:' 1' e ''ro'r° cions of chapter fie e
hundred an ' four of the acts of ei •hte -n hundred nl ri lety-seven, as
amended, n.: 11 b:e assessed neon the o• `ne'-s of e tat-s especially benefit-
ted thcrcoy. "-unitary s ., ,re , rs use ] her ir, shall lean_ all sere rrge
vrorks and ap-Durtenanc`?s exceot those cnnr eructed solely for the drain-
.1 of surface water Costn , s u ;ed or-in, shall be determined by
Teulti lyin `_le length of thJco: s'"rue ion so'7 a unit of cost ob-
tain d y avraging the actual co t of all sanitary sewers constructed
in the said town within the five years no.a preceding any such new con-
�, g, , inew tr„' i
s r'u?ticn tc„ th r 1"5_t-� t -� ,ct� a1 c--t, of such r_ con c ion.
The cost shall be deter:nin' d by t7.,e of electmen. They shall
apportion tle said fifty _r cent of til- coin] cost upon the estates
ey., l to c ) ,-' of er`
tilt ��,1-,y„ 1P�•.rmine b_ speci lir b�n tt., j in t��e proportion which
th- area of each such es , or r d ;pth ro'- to exceed one hundred
and twenty-five feet, b ^.rc to `h tot 1 sr , r included in the calcula-
tion. l;o land shall be tax 1. or 'lrsesced hereunder more than once.
Do ase or part thereof
r ^T';^,nt _1'.?'eun, r $'��11' be l �•Ji 3;l upon !!ri`�r stat
which by reason of its grade or otherwise cr)nnot be draind into such
• new constructi n until such inc'1jrcity '" '1S b`>,-'n removed. - ssessmento
shall be as --es ed in tee aan:-, cr and ` t '-' e '"'cct herein end in
section six, seven, ci, ht , •nine an t•,n of chanter three hundred and
111 fifty-nine of the acts of nineteen rLun'l7. 9 'Ind six. I'?o a sessments
shall exceed the anount of the sp'-,cis] benefit to the estate assessed.
Do drain or se" er fro-" an estate or nert of an estate not already
assessed or not at the tine liable to e, n sessnent as herein provided
shall be entered into „ co ,, on sewer evicen upon the payment of such
an assessment or char e ^'')`j con such C her teras and conlitions as
288 n
the board of ' lect.ien shall determine. If in any instance the ,
boarl of -elects en determin that nn assessment mode on the fore-
going basis is unjust or ureasonable, they s Mall onve power to
g,r' nt a reasonable abntement .
II
77_11ION 2. This act shall, for the irpose of its -ubmission
for acceptance take effect u )on its _a ssage and shall take full ef-
fect upon its accentence v it_ii n t •'o years after its pa sage by a
majority of the voters of the Town of Le ineton voting thereon at a
to—n meetin .
F,_r. I. Fonry Duffy of the flar.'iinr Board explained to the Board
just that this hill meant and hat it w- s intended to secure for the
to vn. The Board v oted to approve this - ct.
.r. tca_nlan stated that he had ,received re-nest for snow ploy,
service on inter ,Jtreet . lie felt that the service could not be
granted on account of the rocks in the liir-hvray. Mr. -,camman felt
that snow p10"r service should be left v:ith the discretion of the
eloctmen ani not to come before the to"n for vote.
A letter was received from the Boston F Laine aailroad in re-
gard to placin,_ -rarn-ing sins near the railroad crossings, stating
that the cost ould be '1.00 ".n I the to1,11 voul i be cal' ed upon to
benr this expense. The letter w's turned over to the ,upt. of Public
orks for his attention.
The appoint hent of Tohn _=ell ey < s a police o!'ficer of the IItown 'as refused by tie Civil Service Commissioners on the ground
that Mr. Kelley was over the �, ge limit of '55 years, and the Board
therefor notified :dlr. Kelley and the Civil orvice Commission that
he Vies discharged from duty on oce.ount of this fact.
It was decided to appoint Edward J. Lennon as a police officer
lc.,r
( on-competitive) to await the approval of his name bthe Civil
Service Uommission.
Copy of the Pronosed Drainage let eras presented by the Town
Counsel.
HOT � No. nv,2
By tr. Perry of Belmont, petition of J. Che ter Hutchinson,
chairman of the hoard of selectmen of the town of Lex1n7ton, rela-
tive to improving the surface and ground drainage in said town and
adjoining towns . .unicipal ' inance . Dec. 15, 192E .
TI- Cni' Oil -7,TTil 07 r, OT15 ,T'
In the Year One `thousand Nine Hundred and Trent ,r-Six.
An Act relative to improving the Surface and Ground 'Drainage in the
111
Town of Le-.ington and in 'djoining Towns.
Be it enacted by the .Jenate and Nouse ofepresentotives in
General Court assembled, end b7r the authority of the same, as fol-
L
289
lows
TOTI's1 1. The to' n of LeLington, for the purposes of surface
and ground rainage _nd the protection of the public health in said
' town, may, by its board of s lectmen, from tire to time improve the
brooks, streams and water courses, in s id_ town, by removing obstructions
in or over the same, by widenint, or deepening the channels or by con-
structing n3' - channels, by diverting the rr ter, by altering the courses,
by co.avertin , wholly or in part, any such brook, stream or water
course, 1^rhethr in its original channel or after the alterrtion of the
course of the same, into a covered conduit, or in any other canner;
may coniu^t the rr ter of ante such brooc, stream or water course, through
pipes, covered conduits or open channels; may, by the construction of
drains or otherwise, divert any surf cc or ground wrter into any brook,
stream, pipe, conduit or channel ; may conduct any brook, stream or drain
across, alone; or under any rnit -oll or treat railway loc- tion, or
across, alon or under any way, w; thout unnecessarily obstructing the
same; and, for the purrnses afor said., ray from time to time purchase or
take, fee simple or otherwise, land or any right or easement in land,
including any brook, stream, pond or rater course, or any part thereof,
may lay out and construct such „eel' s or -rays thereon or in connection
therewith, as the selectmen may deem necess-rzr or desirable for public
convenience; may, from time to ti_ e, vith or without the permission of
the owner and vith or without first making a taking of the right so to
do, enter upon any land and ms1 e surveys, do any other work or make any
improvements thereon which the selectmen may deem necessary or desirable
for said purposes ; and, for the purposes of this act, may enter into any
contracts or agreements ith any person or corporation. The fact that a
brook, stream or water course is dr-, for a portion or portions of a
given year shall not operate to remove it from the operation of this
section.
S 'CTIOE 2. said town, for the -purposes and in the manner provided
in section one, may exercise in any other town or city with respect to
a brook, stream or water course 'rhich flows therein from or to the town
of Lexington, and 'ith respect to tl e w< e s thereof, any or all of the
powers which said section confers -rith regard to oper^tions in the town
of Lexington, Provided tat before tad inm such action it shall obtain
the consent of the board of sal ccien of any such other town er the
mayor and aldermen of arr.,- such city.
S r1'1'I'"1 3. The proceed_n-s under the provisions of the preceding
sections for the taring of any land easement or right shall be had, and
all claims ror damaces sustained by 'uch taking, and all claims for
damages sustained by any other act done under authority hereof, shall
be ascertained and recovered fls pro i 'ed in general lane, chapter
seventy-nine.
SICTION 4. At any tire within two years after any brook, stream
or water course or the drainage in said town has been is-proved in any
of the vays mentioned or referrel to in the first section of this act,
under a vote declaring the same to be done under the provisions of law
authorizing the assessment of betterments, if, in the opinion of the
11 Selectmen, any real estate in said town, including that, if any, of
which a part is taken therefor, receives any benefit or advantage there-
from beyond the a3neral advantage to all real estate in said town, the
selectmen may determine the value rf such benefit and advantage to said
real estate and may assess upon the sire a proportion-te share of the
expense of na ing such improvement ; but no such assessment shall ex-
290
teed one half of such adjudged benefit and advantage, nor shall 1.4
the sane be male until the '-ork of making such improvement is Z7
completed. 'ill lass now or hereafter in force relative to the
as.,essment and collection of betterments in the case of the laying
out, altering, widening, grading or discontinuing of ways in said
ton shall, so far es they may be applicable and not inconsistent
with the provisions o_' t is act, apdy to the doings of the
selectmen and of the town unde-^ this act; and all persons who are
aggrieved by the a-^.es- hent of betterments under the provisions of
this act shall have the same remedies now or hereafter provided by
law for per^ons aggrieved by the assessment or levy of betterments
in the layi.n; out of "rays in said to-al..
rrPI011 5. No lend, water rights or other rights shall be
purchased or taken as hereir authorized until an appropriation has
been made sufficient in amount to cover the estimated cost thereof.
u'1CTinE 6. If, in the opinion of the selectmen, it is at any
time not recess ry for the to—n to retain the whole of the land
e sesents or meter ri_hts which may in any liven case have been
purchased or t i' en for the eurnoses of this act, so much of said
lana ease:rents or rater rights as in their opinion may no longer
be necessary for the i-o-•rn to retain may be sold and nonveyed by the
town, provided such sale is authorized by vote of a majority of
the voters of the tom present and voting thereon at a town meet-
ing duly dile- for the purpose .
"_]CmIUTT 7. 7o person sh-11, without lawful authority, dis-
turb, injure or destroy any work of said town constructed or
maintained for the purposes of this act, nor pollute the waters
of any brook, stream, water cou. se, drain, conduit or channel in
said town, nor put or maintain any obstruction therein. lrhoever
violates any provision of this section shall for each offence be
punished by a fine not exceeding five hunlr. ed dollars or by
imprisonment in the house of correction for a tem not exceeding
three months, or by both such fine and imprisonment .
PI ^' 8. 'aid town for neeting necessary expenses and
liabilities incurr,d_ or to be incurred under the provisions of this
act may borrow from time to time such sums as may be necessary not
e, ceeding in the aggregate fifty thousand dollars and may issue
bonds or not 's thorefnr which shall bear on their face the words
"Lexington Draina e Loen, 1,ct of 1926." Each authorized issue
shall constitute a separate loan and such loans shall be paid in
not more than fifteen years from their dates, but no issue shall
be authorized under this get unless fl sum erurd to an amount not
less then ten per cent of s'7ca authorized issue is voted for the
same p,_r;eos e to ba raised by tax levy of the year vhen authorized.
Indebt dnes , i_ncuried under this act shall not be considered or
reckoned in determining the authori 'ed limit of indebted less of
said town under chanter forty-four of the General La ^s , but shall,
except as he ein -ercvi ed, be subject to caapter forty-four of
the Generel L- s, exclusive or the proviso inserted in section
even of said chapter by charter three hundred and thirty-eight
of the acts of nineteen hundred and tw'nty-three.
2'lIO 9. 1.11 acts or parts of acts inconsistent herewith
are hereby rope-led.
291
'n UT ' 7 ^ . For tae your no e o_' subrlis^ion to th voters of said
town, t is act hall tare effect upon its pns e -nr it shall take
full effect upon itq ,c^entance vote of a jority of t_ae voters of
said torn ".resent 'n' votin t =ereon =,t my n r'eetinL,. i:o expen-
' diture shall Do na ,fir t_le tc 'ri r n 1 ric li 1'oility i n^u ,r'ed by it here-
under uni 1 such accent- ice.
ring as O;D '.ne On t "1J petition of th, '.' n:. lte ". ° '1 :1.
for locr.tion of nols or. ` i tr - t . i-o n -rsnn n e irin, tt, obj ct
the Fe rd "Ot 'C�. to l' nt },? petition.
The attention of the o' rd , ns C lied to lohnn . 1.3 'Thio ren-aired
t'i'e ^ rvice of the repo n hysiai .n r. 'cess is ill with tuberculosis .
In the abs ce of' tiro 'y'o- n i l T_ 7.10 is in ,1 on a ' , the Do' rd voted
fee ^'h~ 1 tine t0 J L th of T. als 1 �_]<; 'j" � 1S a '.`-'-r•
true record, tt et
r1 1