HomeMy WebLinkAbout1928-04-10 223
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REGULAR MEETING, APRIL 10, 1928.
A regular meeting of the Board of Selectmen was held at the
Selectmen' s Office at 7:30 P.M. Messrs. Burnham, Custance, Ballard,
Robertson, and Chamberlain were present. Mr. Ballard left the meeting
very early in the eveni g owing to his health.
Mr. Robertson reported that he attended the meeting at the Parker
House on Thursday, April 5, 1928 when the Chairman of Boards of Select-
men and Mayors of cities of the twenty communities of the Metropolitan
Water District were invited tl assemble for the purpose of discussing
the serious burden imposed upon them by th.; statutes requiring the
financing of the addition 1 loan of the - Metropolitan Water District
y short loans of twenty yerrs to meet the proposed obligations of
65, DOD,000, which was the cost of the Ware River water worts project.
Mr. Robertson stated that it was a very interesting meeting, and
the information was brought out that it would be at least one hundred
years to come before any further construction of this kind will be
needed for water purposes, and inasmuch as it was left with the
Governor to decide the term of the loans, it was felt that the matter
• was put through so quickly that the towns and cities did not have- suf-
ficient opportunity to realize what the interest expenditure would
mean to them.
Result of the meeting was that they decided to ask the Governor
to reconsider the time-of bonds and voted to ask that he extend the
duration of the loan to fifty years with the possible chance of a cora-,
promise of forty years at the least.
Mr. Robertson felt that this was an important matter, and that the
thanks of the Board should be extended to Mayor Nichols for taking
the initiative--in bringing about this meeting, and stating that the
Board was willing to cooperate with him in his efforts to induce the
Governor to extend the time of the loan.
The increase in pay of the members of the Fire Dep rtment was
called to the--attention of the Board by the Town Accountant, who felt
that according to General laws, Chapter 48, Section 42, that the Board
of Selectmen should approve the pay of the members of the Fire De-
partment, inasmuch as the Chief placed the increases in pay on the pay
roll which had not been approved by the Board, , he felt that the matter
should be brought up.
The Board did not a-prove of the increase being granted at present,
and it was voted to instruct the Town Accountant to return the payroll
to the Chief of the Fire Department to be revised to the old schedule
of salaries.
The Supt. 's attention was called to the fact that an inspection
of the trees about the Common was to be made this year by a tree expert.
He therefor agreed to get in touch with Mr. Allen Chamberlain and look
over the trees.
Written report was received from the Supt. of Public Works in regard
to storage of the tanks of the fire -alarm apparatus) The Supt. ad-
vised that there would not be sufficient room in the garage of Mr.
O'Connell which is to be occupied by the Water Department for the
storage of these tanks withc . taking too much space from the Water
227
Department. , He also advised that the cost to the Town of abatimig, the
taxes on the land in the rear would amount to $230.91 at the tax rate
of 1927, and he felt that the town could appropriate enough money to
cover the abatement of the taxes and the assessment of the sheds which
make a total of $250.59 could be abated or a propriated by the town for
that purpose. He therefor advised that the fire alarm equipment be
placed in the sheds at the rear of the Rubin & Seligman property
for the reesons given above, and also for the reason that we would have
no place for the. Math and Shade Tree Department.
The Supt. was also requested to look into the advisability of
storage of the Moth Department property in the Mara barn on Meriam Street.
The Board felt that the proper way to deal with Rubin & Seligman
would be_ to lease the sheds or that part of the sheds desired, and to
have the Supt. of Public Works arrange for the lease of same at what-
ever sum he can bargain for, and have a lease similar to the O'Connell
lease executed.
Letter Was received from the Supt. of Public Works in which he
advised that the Middlesex & Boston St. Ewy,. Co. have not abandoned
all their pole locations in the town for the.. reason that some of them
still parry fire alarm wires. He stated that the company is willing
to turn over the poles to the town as they desire to abandon all the
pole iocations .
rt was voted to take over the poles of the kiddlesex & Boston St.
Rwy. Co. and the Supt. of Public Works was requested to take care of
the matter of details of transfer.
It was voted to request the Supt. of Public Works to have the
Engineering Department complete the pl ns of the Block Plan which were
made by Everett N . Montague, so that the plans may be used by other
departments other than the Engineering Department.
Bedros H. Bashian of Mass. Avenue, Fiske Hill, through the Chair-
man, called attention to the fact that the curve in the roadway on
Fiske Hill should be blasted and widened owing to- the tremendous
amount of traffic.
The Board decided to lay this matter on the table until such time
as Mass. Avenue is relocated.
It was voted to have six telephone trunk lines installed in the Town
Office Building, and the Chairman signed the order for the same.
Sewer orders were signed as follows :
ORDER OF
TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY
AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF
1897 AS AMENDED.
INDEPENDENCE AVENUE
1 WHEREAS, by Chapter 504 of the Acts of the year 1897, entitled
"An Act to authorize the Town of Lexington to construct a system of
sewerage, " the same being hereinafter referred to as "said Act;" said
town was authorized, among other things, to lay out, construct,
maintain and operate a system of sewerage, with the powers and adhority
' 228
set forth in said Act, including full power to take by -curchase
or otherwise any lands, rights of way and easements in said Town G7
necessary for the establishment therein of a system of sewerage or
sewage disposal or for any of the purposes mentioned in Section I
of said Act; and
WHEREAS said Town of Lexington duly accepted said Act in the
manner provided therein; and
WHEREAS the system hereinafter referred to as about to be con-
structed, and plans showing in detail the work to be done in constructing
the same, have been duly approved by the State Board of Health; and
WHEREA-S, by Chapter 277 of the Acts of the year 1909, which was
duly accepted by a majority of the voters of said town in the manner
provided in Section 5 thereof, the then Board of Water Commissioners
of said Town and the Board of Sewer Commissioners elected under the
provisions of said Act (Chapter 504 of 1897) were consolidated in one
board to be called the Board of Water and Sewer Commissioners, with
the provision that all the powers and duties of said Board of Sewer
Commissioners should thereafter devolve upon said Board of Water
and Sewer Commissioners; and
WHEREAS, by Chapter- I of the Acts of the year 1922, which was
duly accepted by a majority of the voters of said town in the manner
provided in Section 5 thereof, the powers and duties of the Water
and Sewer Commissioners were assigned to the Board of Selectmen as
a Board of Public Works; and
Whereas, Albert H. Burnham, Theodore A. Custance, William H.
Ballard, James G. Robertson, and Fr'ncis Chamberlain, citizens and
residents of said Town, have been duly qualified and are now the
duly elected, qualified and acting Board of Selectmen pursuant to
law and the provisions of the Acts hereinbefore referred to, and
Whereas said Town, by vote passed at a Town Meeting held on
the twelfth day of March, 1928, authorized and requested said Board
of Water and Sewer Commissioners (hereinafter- referred to simply
as "the Board") to proceed under the provisions of said Act as.,
amended by Chapter 322 of the Acts of the year 1913 and the acts
referred to in the first section thereof, to lay out, construct,
maintain and operate a sewerage system; and said Board has, con-
formably to law and pursuant -to said vote, laid out such system
and is about to construct the same; and
Whereas the system, as so laid out, required the constructi ?nu
of a sewer in the location hereinafter described, the same to be
maintained and used as a part of a system of sewage disposal for
a part of said town; and
Whereas the location adopted for said sewer is shown approximately
in the following described line, hereinafter called the "line of
location," hriz;
1
229
Beginning et a point in the southerly exterior line of Locust
Avenue distant eight hundred sixty-two and forty-four one-hundredths
feet (862.44) westerly of the intersection of said sputherly exterior
line of Locust Avenue with the westerly exterior line of Massachusetts
Avenue and runningS 80 51' 40" E distant seventy-seven and five tenths feet (77.5to a point of curvature thence running to the
left with a curve of r .dius two hundred thirty-nine and one one-
hundredths feet (239.01) distant one hundred twenty and fifty-
seven one-hundredths feet (120.57) to a point of tangency thence
S 37' 47' 20" E Distant one hundred seventy,-six and ninety-eight
one-hundredths feet (176.98) to a point of curvature thence running
to the left with a curve of radius six hundred seventy feet (670.00(
distant one hundred eighty-nine and ninety-five one-hundredths fat
(189.95) to a point of tangency thence S 54° 0.2' E distant two
hundred sixteen and thirty-ff`Veene-hundredths feet (216.35) to a
point in Indepe4..ence kvenue. The above described line passing
through lands now or formerly of Robb.ns & Smith, Inc. and Fred
C. Earle..,.. For further description of the line location see plan
by the Town Engineer dated M. rch 20, 1928, hereinafter mentioned
and referred to.
And Whereas the right of way and easement hereinafter described
and taken are necessary for the establishment of said system of
sewerage and serge disposal and for the purpose of providing better
drainage as authorized by said Act;
Now the% said Board, acting for and in behalf of said Town,
hereby takes under the authority of said Act (Chapter 504 of the Acts
of 1897) the following right of way and easement, viz:
A right of way and easement, in and through the land through
which the line of location runs in Independence Avenue, from Locust
Avenue to beyond Tower Street, for a sewer, including manholes
and appurtenances, said sewer to be laid and maintained in the ground
in substantial accordance with said line of location. The ease-
ment covered by this taking includes the right on the part of the
Selectmen of said Town, or other duly authorized agents of the Town,
to enter upon, dig up, open and use the land embraced within said
way as may be reasonably necessary for the purpose of laying the
sewer, manholes and appurtenances initial-y and maintaining operating,
inspecting and repairing the same from time to time thereaftr; said
Town being always bound to see that the ground directly after th-
completion of the work in each case is cleared of all surplus
material, and surface left in as smooth and good condition as at the
time of etltry.
The rtrht of way shall include so much of the line of such way
as is necessary for the taking and purposes, not exceeding twenty (20)
feet on each side of the line of location.
Betterments will be assessed for this improvement in accordance
with the provisions of Chapter 221 of the Acts of 1926.
II
A pl-n made by John T. Cosgrove, Acting Town Engineer, dated
March T0, 1928, entitled "Plan and Profile of Proposed Sewer in
Independence Avenue, Lexington, Scale Hor. 1 inch - 4. feet, Vert 1
inch - 6 feet. John T. Cosgrove, Acting Town Engineer," is-hereby
referred to and made a part of the present description of taking,
which clan is to be recorded herewith in the Registry of Deeds
for the Southern District of the County of Middlesex.
230
The si;rea w hich it is expected will receive benefit or advantage
other than the general advantage to the community, from such improve-
ment is described as follows:
The same being lands of Robbins & Smith, Inc. , and shown on a
plan showing Sewer Right of Way, dated March 20, 1928, above referred
to.
The said area comprises the several lots shown upon the plan
hereinbefore referred to, which are designated in the schedule here-
to annexed and made a part hereof.
We estimate the betterments that will be assessed upon each par-
cel of land to be as shown in the schedule which is hereto annexed
a nd made a part thereof.
We determine that no damages have been sustained and none are
awarded.
To have and to hold said right of way and easement to the Town
of Lexington, its successors and assigns, to its and their own use
and behoof forever, agreea bly to the provisions of said Chapter 504
of the `4Acts of the year 1897, and any and all pertinent acts in
amendment- thereof or supplemental thereto.
IN WITNESS WHEREOF the said A lbert H. Burnham, Theodore A.
C ustance, William H. Ballard, James G. Robertson, and Francis Cham-
berlain of the Board of Selectmen aforesaid, have hereunto sub-
scribed their names this 10th day of Affil, A . D. 1928.
Albert H. Burnham
James G. Robertson
-Francis Chamberlain
Theodore A. Custance
Commonwealth of Massachusetts .
Middlesex, ss . Lexington, Mass.
April 10, 1928
0
Then personally appeared the above named, Albert H. Burnham,
231
Theodore A. Custance, James G. Robertson, and Francis Chamber-
lain, and severe lly acknowledged the foregoing instrument and
statement by them subscribed to be their free act and deed and
the free act and deed of the Board of Water and Sewer Com-
missioners of the Town of Lexington: before me,
William S. Scamman
A true copy of the records, Attest:
Helen C. Whittemore
Clerk.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
ROBBINS ROAD
Lot No. Owner as of April 1, 192¢ Assessment
37 See Locust Avenuee
4 Robbins & Smith, Inc. $110.00
5 Robbins & Smith, Inc. 115.00
32 Homer J. & Helen G. Potter 16.00
31 Robbins & Smith, Inc. 135.00
30 Robbins & Smith, Inc. 135.00
a
for Independence Avenze
# For schedule of Estimated Betterments/, see page 234.
ORDER OF
TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY:.
AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF
1897 AS AMENDED.
ROBBINS ROAD
WHEREAS, by ' Chapter 504 of the acts of the year 1897,
entitled "Ari ket to authorize the Town of Lexington to construct
a system of sewerage," the same being hereinafter referred to as
' "said Act," said Town was authorized, among other things, to lay
out, construct, maintain and operate a system of sewerage, with
the powers and authority set forth in said Act, including full
power to take by purchase or otherwise any lands, rights of way
and easements in said Town necessary for the establishment therein
232
of a system of sewerage or sewage disposal 1r f0,1,,any °of`thea
purposes mentioned in Section I of said Act; and C:
WHEREAS said Town of Lexington duly accepted said Act in the C7
manner provided therein; and
WHEREAS the system hereinafter referred to as about to- be con-
structed and plans showing in detail the work to be done in con-
structing the same, have been duly approved by the State Board of
Health; and
WHEREAS, by Chapter 277 of the Acts of the year 1909, which
was duly accepted by a majority of the voters of said town in the
manner provided in Section 5 thereof, the then Board of Water
Commissioners of said Town and the Board of Sewer Commissioners
elected under the provisions of said Act (Chapter 504 of 1897)
were consolidated in one board to be called the Board of Water and
Sewer Commissioners, with the provision that all the powers and
duties of said Board of Sewer Commissioners should thereafter de-
volve upon said Board of Water and Sewer Commissioners; and
WHEREAS, by Chapter I of the Acts of the year 1922, which was
duly accepted by a majority of the voters of said town in the
manner provided in Section 5 thereof, the powers and duties of
the Water and Sewer Commissioners were assigned to the Board of
Selectmen as a Board of Public Works; and
WHEREAS, Albert H. Burnham, Theodore A. Custance, William H.
Ballard, James G. Robertson, and Francis Chamberlain, citizens and
residents of said Town, have been duly qualified and are now the
duly elected, qualified and acting Board of Selectmen pursuant to
law and the provisions of the Acts hereinbefore referred to, and
Whereas said Town, by vote passed at a town meeting held on
the twelfth day of March, 1928, authorized and requested said
Board of Water and Sewer Commissioners (hereinafter referred to
simply as "the Board") to proceed under the provisions of said
11.
Act as amended by Chapter 322 of the Acts of the year 1913 and
the acts referred to in the first section thereof, to lay out,
construct, maintain and operate a sewerage system; and said
Board has, conformably to law and pursuant to said vote, laid
out such system and is about to construct the same; and
Whereas the system, as so laid out, required the construc-
tion of a sewer in the location hereinafter described, the same
to be maintained and used as part of a system of sewage disposal
for a part of said town, and
Whereas the location adopted for said sewer is shown ap-
proximately in the following described line, hereinafter called
the "line of location, " viz;
Beginning at a point in the southerly exterior line of
one hundred ninety-nine Locust Avenue distant one thousand -nine and Y
eighty-six one-hundredths feet (1199.86) westerly of the inter-
section of said southerly exterior line of Locust Avenue with
the westerly exterior line of Massachusetts Avenue running S 2°
26! 33" W dista nt two hundred twenty-seven and five tenths feet
(227.5) to a manhole. The above described line passing through
lands now or formerly of Robbins and Smith, Inc.
* See page 2331.
A plan made by John T . Cosgrove, Acting Town Engineer, dated
March 20, 1928, entitled "Plan and Profile of Proposed Sewer in
Independence Avenue, Lexington, Scale Hor. 1 inch-40 feet, Vert.
i inch-6 feet. John T. Cosgrove, Acting Town Engineer," is
hereby referred to and made a part of the present description
of taking, which plan is to be recorded herewith in the Registry
r
See page 23F. s ,,
2 -j
x,332
* For further description of the line of location see plan
by the Town Engineer dated M:�rch 20, 1928, hereinafter mentioned
and referred to.
IAnd Whereas the right of way and easement hereinafter described
and taken are necessary for the establishment of said system of
sewerage and sewage disposal and for the purpose of providing better
drainage as authorized by said Act;
Now then, said Board, acting for and in behalf of said Town,
hereby takes under the authority of said Act (Chapter 504 of the
Acts of 1897) the following right of way and easement, viz:
A right of way and easement, in and through the land through
which the line of location runs in Robbins Road, for a sewer, in-
cluding manholes and appurtenances, said sewer to be laid and
maintained in the ground in substantial accordance with said line
of location. The easement covered by this taking includes the right
on the part of the Selectmen of said Town, or other duly authorized
agents of the townto enter upon, dig up, open and use the land
embraced within said way as may be reasonably necessary for the
purpose of laying the sewer, manholes and appurtenances initially
and maintaining operttIng, inspecting and repairing the same from
time to time thereafter; said Town being always bouzld to see that
the ground directly after the completion of the work in each case
is cleared of all surplus material, and surface left in as smooth
and good condition as at the time of entry.
I
The right of way shall include so much of the line of such
way as is necessary for the taking and purposes, not exceeding
twenty (20) feet on each side of the line of location.
Betterments will be assessed for this improvement in accordance
with the provisions of Chapter 221 of the Acts of 1926.
r
I
‘441 °JO0
233
of Deeds for the Southern District of the County of Middlesex.
The area which it is expected will receive benefit or ad-
vantage other than the general advantage to the community, from
such improvement is described as follows:
The same being lands of Robbins & Smith, Inc. , and shown on
a plan showing Sewer Right of Way, dated March 20, 1928, above
referred to.
The said area comprises the several lots shown upon the
plan hereinbefore referred to, which are designated in the
schedule hereto annexed and made a part thereof.
We estimate the betterments that will be assessed upon each
parcel of land to be as shown in the schedule which is hereto
annexed and made a part hereof.
We determine that no damages have been sustained and none
are awarded.
To have and to hold said right of way and easement to the
Town of Lexington, its successors and assigns, to its and their
own use and behoof forever, agreeably to the provisions of said
Chapter 504 of the Acts of the year 1897, and any and all per-
tinent azcts in amendment thereof or supplemental thereto.
IN WITNESS WHEREOF the said Albert H. Burnham, Theodore A.
Custance, William H . Ballard, James G. Robertson, and Francis
Chamberlain of the Board of Selectmen aforesaid, have hereunto
subscribed their names this 10th day of April, A.D. 1928.
Albert H. Burnham
James G. Robertson
Francis Chamberlain
Theodore A. Custance
Commonwealth of Massachusetts
Middlesex, ss. Lexington, Mass.
April 10, 1928
Then personally appeared the above named, Albert H. Burnham,
Theodore A. Custance, James G. Robertson, and Francis Chamber-
lain, and severally acknowledged the foregoing instrument and
statement by them subscribed to be their free act and deed and
the free act and deed of the Board of Water and Sewer Com-
missioners of the Town of Lexington. before me,
William S. Scamman
A True copy of the records, Attest
Helen C. Whittemore
Clerk.
234
E
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
INDEPENDENCE AVENUE
Lot No. Owner as of April 1. 1928 Assessment
70 Robbins & Smith, Inc. $120.00
62 Robbins & Smith, Inc. 160.00
61 Robbins & Smith, Inc. 135.00
67 Robbins & Smith, Inc. 120.00
60 Robbins & Smith, Inc . 15000
59 Robbins & Smith, Inc. 135.00
66 Robbins & Smith, Inc. 105.00
58 Robbins & Smith, Inc. 115.00
57 Robbins & Smith, Inc. 105.00
65 Robbins & Smith, Inc. 130.00
56 Robbins & Smith, Inc. 145.00
64 Robbins & Smith, Inc. 145..00
63 Robbins & Smith, Inc. 110.00
84 Bertha W. Moore 130.00
Fred C. Earle 210.00
for Robbins Road
* For schedule of Estimated Betterments, see page 231.
ORDER OF
fiAPING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY
AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF
1897 AS ,aw rEE:,
SMITH AVENUE.
WHEREAS, by Chapter 504 of the Acts of the year 1897, en-
titled "An Act to authorize the Town of Lexington to construct
a system of seweragel" the same being hereinafter referred to
as "said Act, " said Town was authorized, among other things, to
lay out, construct, maintain and operate a system of sewerage,
with the powers and authority set forth in said act, including
full power to take by purchase or otherwise any lands, rights of
way and easements in said Town necessary for the establishment
therein of a system of sewerage or sewage disposal or for any of
the purposes mentioned in Section I of said Act; and
WHEREAS said Town of Lexington duly accepted said Act in
the manner provided therein; and
WHEREAS the system hereinafter referred to as about to be
23,E
constructerig and plans showing in detail the work to be done
in constructing the same, have been duly approved by the State
I
Board of Health; and
WHEREAS, by Chapter 277 of the Acts of the year 1909, which
was duly accepted by a majority of the voters of said town in
the manner provided in Section 5• thereof, the then Board of
Water Commissioners of said Town and the Board of Sewer Com-
missioners elected under the provisions of said Act (Chapter 504
od 1897) were consolidated in one board to be called the Board
of Water and Sewer Commissioners, with the provisionsthat alll
the powers and duties of said Board of Sewer Commissioners should
thereafter devolve upon said Board of Water and Sewer Com-
missioners; and
WHEREAS, by Chapter I of the Acts of the year 1922, which was
duly accepted by a majority of the voters of said town in the
manner provided in Section 5 thereof, the powers and duties of the
Water and Sewer Commissioners were assigned to the Board of
Selectmen as a Board of Public Works; and
Whereas, Albert H. Burnham, Theodore A. Custance, William H.
Ballard, James G. Aobertson, hand Francis Chamberlain, citizens
and residents of said Town, have been duly qualified and are now
the duly elected, qualified and acting-Board of Selectmen pursuant
to law and the provisions of the Acts hereinbefore referred to,
and
Whereas said Town, by vote passed at a town meeting held on
the twelfth day of March, 1928, authorizes and requested said
Board of Water and Sewer Commissioners (hereinafter referred to
simply as "the Board") to proceed under the provisions of said
Act as amended by Chapter 322 of the Acts of the year 1913 and
the acts referred to in the first section thereof, to lay out,
construct, maintain and operate a sewerage system, and said Board
has, conformably to law and pursuant to said vote, laid out
such system and is about to construct the same, and
Whereas the system, as so laid out, required the construc-
tion of a sewer in the location hereinafter described, the same
to be maintained and used as part of a system of sewage disposal
for a part of said town; and
Whereas the location adopted for said sewer is shown ap-
proximately
-proximately in the following described line, hereinafter called
the "line of location, " viz;
Beginning at a point in the southwesterly exterior line of
Independence Avenue distant one hundred thirty-five feet (135)
southerly of the intersection of said southwesterly exterior line
of Independence Avenue with the southerly exterior line of Locust
2nueeand running to the left with a curve of radius five
hundred seventy feet (570) distant three hundred twenty-nine
feet (329) . The above described line passing through lands now
or formerly of Robbins & Smith, Inc.
23
For further description of the line of location see plan by the CV
Town Engineer dated March 20, 1928, hereinafter mentioned and N42
referred to.
And whereas the right of way and easement hereinafter des-
cribed and taken are necessary for the establishment of said
system of sewerage and sewage disposal and for the purpose of pro-
viding better drainage as authorized by said Act;
Now then, said Board, acting for and in behalf of said Town,
hereby takes under the authority of said Act (Chapter 504 of the
Acts of 1897) the following right of way and easement, viz
A right of way and easement, in and through the land through
which the line of location runs in Smith Avenue from Independence
Avenue to about three hundred twenty-nine feet (329) southerly,
for a sewer, including manholes and appurtenances, said sewer
to be laid and maintained in the ground in substantial accordance
with said line of location. The easement covered by this taking
includes the right on the part of the Selectmen of said Town, or
other duly authorized agents of the Town, to enter upon, dig up,
open and use the land embraced within said way as may be reason-
abl4 necessary for the purpose of laying the sewer, manholes
and appurtenances initially and maintaining operating, inspecting
and repairing the same from time to time thereafter; said Town
being always bound to see that the ground directly after the com-
pletion of the work in each case is cleared of all surplus ma-
terial, and surface left in as smooth and good condition as at
the time of entry.
.The right of way shall include so much of the line of such way
as is necessary for the taking and purposes, not exceeding twenty
(20) feet on each side of the line of location.
Betterments will be assessed for this improvement in ac-
cordance with the provisions of Chapter 221 of the Acts of 1926.
A plan made by John T. Cosgrove, Acting Town Engineer, dated
March 20, 1928 entitled "Plan and Profile of Proposed Sewer in
Smith Avenue, Lexington, Scale Hor. I inch-40 feet, Vert. 1 inch-
6 feet. John T. Cosgrove, Acting Town Engineer, " is hereby re-
ferred to and made a part of the present description of taking,
which plan is to be recorded herewith in the Registry of Deeds
for the Southern District of the County of Middlesex.
The area which it, i.s expected will receive benefit or ad-
vantage other than the general advantage to the community, from
such improvement is described as follows
The same being lands of Robbins & Smith, Inc. , and shown on
a plan showing Sewer Right of Way, dated March 20, 1928, above re-
ferred to.
The said area comprises the several lots shown upon the plan
hereinbefore referred to, which are designated in the schedule
hereto annexed and made a part hereof.
We estimat4 the betterments that will be assessed upon each
parcel of land to be as shown in the schedule which is hereto
237
annexed and made a part hereof.
II
We determine that no damages have been sustained and none
are awarded.
To have and to hold said right of way and easement to the
Town of Lexington, its successors and assigns, to its and their
own use and behoof forever, agreeably to the provisions of said
Chapter 504 of the Acts of the year 1897, and any and all per-
tinent acts in amendment thereof or supplemental thereto.
IN WITNESS WHEREOF the said Albert H. Burnham, Theodore A.
Custance, William H. Ballard, James G. Robertson, and Francis
Chamberlain of the Board of Selectmen aforesaid, have hereunto
subscribed their names this 10th day of April, A.D. 1928.
Albert H. Burnham
James G.R.o1Art„jo
Francis Chamberlain
Theodore A. Custance
IICommonwealth of Massachusetts.
Middlesex, ss. Lexington, Mass .
April 10, 1928
Then personally appeared the above named, Albert H.
Burnham, Theodore A. Custance, James G. Robertson, and Francis
Chamberlain, and severally acknowledged the foregoing instru-
ment and statement by them subscribed to be their free act and
deedQf the Board of Water and Sewer enrdmibeinnfreeofcthen2`o*nc
of Lexington: before me,
a the free act and deedo
William S. Scamman
A true copy of the records, Attest:
Helen C. Whittemore
Clerk.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
I
SMITH AVENUE.
Lot. No. Owner as of April 1. 1928 ASSESSMENT
39 Robbins & Smith, Inc. $125.00
1
40 Robbins & Smith, Inc. $150.00
41 Robbins & Smith, Inc. 150.00
42 `obbins & Smith, Inc. 150.00
43 Robbins & Smith, Inc. 150.00
56 See Independence Avenue
55 Robbins & Smith, Inc. 135.00
54 Robbins & Smith, Inc. 125,00
ORDER OF
TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY
AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF
1897 AS AMENDED.
TOWER STREET
WHEREAS, by Chapter 504 of the Acts of the year 1897, en-
titled "An Act to authorize the Town of Lexington to construct
a system of sewerage, " the same being hereinafter referred to as
"said Act, " said Town was authorized, among other things, to lay
out, construct, maintain and operate a system of sewerage, with
the powers and authority set forth in said Act, including full
power to take by purchase or otherwise any lands, rights of way
and easements in said Town necessary for the establishment
herein of a system of sewerage or sewage disposal or for any of
the purposes mentioned in Section I of said Act; and
Whereas said Town of Lexington duly accepted said Act in
the manner provided therein, and
WHEREAS the system hereinafter referred to as about to be
constructed, and plans showing in detail the work, to be done
in constructing the same, have been duly approved by the State
Board of Health; and
WHEREAS, by Chapter 277 of the Acts of the year 1909, which
was duly accepted by a majority of the voters of said town in
the manner provided in Section 5 thereof, the then Board of Water
Commissioners of said Town and the Board of Sewer Commissioners
elected under the provisions of said act (Chapter 504 of 1897)
were consolidated in one board to be called the Board of Water
and Sewer Commissioners, with the provision that all the powers
and duties of said Board of Sewer Commissioners should thereafter
devolve upon said Board of Water and Sewer Commissioners; and
WHEREAS, by Chapter I of the Acts of the year 1922, which
was duly accepted by a majority pf the voters of said town in
the manner provided in Section 5 thereof, the powers and duties
of the Water and Sewer Commissioners were assigned to the Board
239
of Selectmen as a Board of Public Works; and
Whereas, AlbbrttF. Burnham, Theodore A. Custance, William
H. Ballard, James G. Robertson, and Francis Chamberlain, citi-
zens and residents of said Town, have been duly qualified and are
now the duly elected, qualified and acting Board of Selectmen
pursuant to law and the provisions of the Acts hereinbefore refer-
red to; and
Whereas said Town, by vote passed at a town meeting held
on the twelfth day of March, 1928, authorized and requested
said Board of Water and Sewer Commissionera- (hereinafter re-
ferred to simply as "the Board") to proceed under the provis-
ions of said Act as amended by Chapter 322 of the Acts of the
year 1913 and the acts referred to in the first section thereof,
to lay out, construct, maintain._ and operate a seweragg system;
and said Board has, conformably to law and pursuant to said
vote, laid out such system and is about to construct the same;
and
Whereas the system, as so laid out, required the construc-
tion of a sewer in the location hereinafter described, the same to
be maintained and used as part of a system of sewage disposal
for a part of said town; and
Whereas the location adopted for said sewer is shown ap-
proximately in the following described line, hereinafter called
the "line of location, " viz;
Beginning at a point in the southerly exterior line of Lo-
cust Avenue distant four hundred ninety-three feet (493) westerly
of the intersection of said southerly exterior line of Locust
Avenue with the westerly exterior line of Massachusetts Avenue
and running S 10 29' 10" E distant five hundred sixty-three feet
(563) to a point in the northerly exterior line of Independence
Avenue. The above described line passing through lands now or
formerly of Robbins & Smith, Inc. , James F. Gleason, Michael
Costello, Fred C. Earle, and Annie Pierce. For further des-
cription of the line of location see plan by the Town Engineer
dated March 20, 1928, hereinafter mentioned and referred to.
AAnd whereas the right of way and easement hereinafter des-
cribed and taken are necessary for the establishment of said
system of sewerage and sewage disposal and for the purpose of
providing better drainage as authorized by said Act;
Now then, said Board, acting for and in behalf of said
Town, hereby takes under the authority of said Act (Chapter 504
of the Acts of 1897) the following right of way and easement, viz:
A right of way and easement, in and through the land through
which the line of location runs in Tower Street from Locust Avenue
to Independence Avenue, for a sewer, including manholes and
appurtenances, said sewer to be laid and maintained in the ground
in substantial accordance with said line of locatioh. The easement
240
covered by this taking includes the right on the part of the Select-
men of said Town, or other duly authorized agents of the Town,
to enter upon, dig up, open and use the- land embraced within said
way as may be reasonably necessary for the purpose of laying the
sewer, manholes and appurtenance initially and maintaining operat-
ing, inspecting and repairing the same from time to time there-
after; said Town beingsalways bound to see that the ground directly
after the completion of the work in each case is cleared of all
surplus material, and surface left in as smooth and good condition
as gt the time of entry.
The right of way shall include so much of the line of such way
as is necessary for the taking and purposes, not exceeding twenty
(20) feet on each side of the line of location.
Betterments will be assessed for this improvement in ac-
cordance with the provisions of Chapter 221 of the Acts of 1926.
A plan made by John T. Cosgrove, Acting Town Engineer, dated
Mardh 20, 1928, entitled "Plan and Profile of Proposed Sewer in
Tower Street, Lexington, Scale Hor. 1 inch-40 feet, Vert. 1 inch-
4 feet. John T. Cosgrove, Acting Town Engineer, " is hereby re-
ferred to and made a part of the present description of taking,
which plan is to be recorded herewith in the Registry of Deeds for
the Southern District of the County of Middlesex.
The area which it is expected will receive benefit or ad-
vantage other than the general advantage to the community, from
such improvement is described as follows:
The same being lands of Robbins & Smith, Inc., James F.
Gleason, Michael Costello, Fred C. Earle, and Annie Pierce,
and shown on a plsn showing Sewer Right of Way, dated March 20,
1928 above referred to.
The said area comprises the several lots shown upon the
plan hereinbefore referred to, which are designated in the
schedule hereto annexed and made a part hereof.
We estimate the betterments that will be assessed upon each
parcel of land to be as shown in the schedule which is hereto
annexed and made a part hereof.
We determine that no damages have been sustained and none are
awarded.
To have and to hold said right of way and easement to the
Town of Lexington, its suecessors and assigns, to its and their
own use and behoof forever, agreeably to the provisions of said
Chapter 504 of the Acts of the year 1897, and any and all per-
tinent acts in amendment thereof or supplemental thereto.
IN WITNESS WHEREOF the said Albert H. Burnham, Theodore A.
Custance, William H. Ballard, James G. Robertson, and Francis
Chamberlain of the Board of Selectmen aforesaid, have hereunto
subscribed their names this 10th day of April, A.D. 1928.
Albert H. BrirLhar
L
241
James G. Robertson
Francis Chamberlain
ITheodore A. Custance
Commonwealth of Massachusetts
Middlesex, ss . Lexington, Mass.
April 10, 1928
Then personally appeared the above named, Albert H.
Burnham, Theodore A. Custance, James G. Robertson, and Francis
Chamberlain, and severally acknowledged the foregoing instru-
ment and statement by them subscribed to be their tree act
and deed and the free act and deed of the Board of Water and
Sewer Commissioners of the Town of Lexington; before me,
William S. Scamman
A true copy of the records, Attest:
Helen C. Whittemore
Clerk.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
TOWER STREET
Lot. No. Owner as of Auril 1. 1928 ASSESSMENT
70 See Independence Avenue
67 Seg Independence Avenue
71 Robbins & Smith, Inc. $100.00
72 Jame F. Gleason 110.00
73 Robbins & Smith, Inc. 105.00
74 Michael Costello 110.00
75 Michael Costello 120.00
68 Robbins & Smith, Inc. 110.00
69 Robbins & Smith, Inc. 110.00
76 Robbins & Smith, Inc. 115.00
Fred C. Earle 365.00
Fred C. Earle 185.00
Annie Pierce 40.00
242 0-6
C7
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington.
WHEREAS the Town of Lexington at a town meeting duly called
and held on March 12, 1928 duly adopted under Articles 12 and
24 of the Warrant the following votes:
Voted that the Board of Selectmen be authorized to con-
struct a sewer in Upland Road from Glen Road to Chandler Street,
a distance of approximately 255 feet.
Voted that for the construction of sewers in Tower Street,
Independence Avenue, Smith Avenue, Robbins Road, Locust Avenue,
Glen Road and Upland Road, the sum of $5,000 be appropriated
and assessed,.
And further Voted, that the sum of $14,000 be appropriated
for the construction of sewers in Tower Street, Independence
Avenue, Smith Avenue, Robbins Road, Locust Avenue, Glen Road
and Upland Road, and that for the purpose of raising the money
so appropriated the Town Treasurer be and hereby is authorized
to sell, ander the direction and with the approval of the
Selectmen, bonds or notes of the town bearing interest at a rate
not to exceed 5% per annum, issued and payable in accordance
with law.
Voted by the Selectmen, acting as a Board of Water and
Sewer Commissioners under the authority conferred by Statute
1897, Ch. 504 and acts in amendment-thereof and in addition
%kW A 'W }50 00410Mhili hi Vg41{0 thereto, and of votes
of the Town of Lexington pursuant thereto, that a sewer be con-
structed in Upland Road from Glen Road to Chandler Street, sub-
stantially in accordance with a plan made by John T. Cosgrove,
Acting Town Engineer, dated March 1928 and entitled, "Plan and
Profile of Proposed Sewer in Upland Road, Lexington, Scale Hor.
1 inch-40 feet, Vert. 1 inch-4 feet. John T. Cosgrove, Acting
Town Engineer."
Betterments will be assessed for this improvement in ac-
cordance with the provisions of Chapter 221 of the Acts of 1926 .
The area •thich it is expected will receive benefit or ad-
vantage other than the general advantage to the community from
such improvement is described as follows:
That portion of those properties on each side of Upland
Road extending from Glen Road to Chandler Street for a depth not
exceeding 125 feet.
The said area comprises the several lots shown upon the
plan hereinbefore referred to which are designated in the
schedule hereto annexed and made a part hereof
We estimate the betterments that will be assessed upon each
parcel of land to be as shown in the schedule which is hereto
annexed and made a part hereof.
243
Witness our hands at Lexington aforesaid this 10th day
of April, 1928.
. 4lbert.H. Burnham . . . . )Selectmen
James G. Robertson ) of the
_Francis Chamberlain )Town of
Theodore A. Custance )
)Lexington
Commonwealth of Massachusetts
Middlesex, ss. Lexington, Mass.
April 10, 1928
Then personally appeared the above named, Theodore A.
Custance, Albert H. Burnham, James G. Robertson, and Francis
Chamberlain, and severally acknowledged the foregoing in-
strument and statement by them subscribed to be their free
act and deed and the free act and deed of the Board of Water
and Sewer Commissioners of the Town of Lexington, before me,
William S. Scamman ;
A true copy of the records, Attest;
Helen C. Whittemore
Clerk.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
UPLAND ROAD.
Owner as of April 1. 1928 ASSESSMENT
Alice G. Cloyes $145.00
Edith L. Stratton, Et AI 220.00
Fletcher W. Taft, ET Al 230.00
Gilbert 0. Seeley 180.00
Arthur B. Howe, ET Al 180.00
Josephine G. Childs 222.00
244 -mi.
COMMONWEALTH OF MASSACHUSETTS rzi
Middlesex, ss. Town of Lexington.
WHEREAS the Town of Lexington at a town meeting duly called
and held on March 12, 1928 duly adopted under Articles 12 and
24 of the Warrant the following votes:
Voted that the Board of Selectmen be authorized to construct
a sewer in Independence Avenue from Massachusetts Avenue to Lo-
cust Avenue, a distance of approximately 1360 feet.
Voted that for the construction of sewers in Tower Street,
Independence Avenue, Smith Avenue, Robbins Road, Locust Avenue,
Glen Road and Upland Road, the sum of $5,000 be appropriated and
assessed.
And further voted that the sum of $14,000 be appropriated
for the construction of sewers in Tower Street, Independence
A venue, Smith Avenue, Robbins-Road, Locust Avenue, Glen Road and
Upland Road, and that for the purpose of raising the money so
appropriated the Town-Treasurer be and hereby is authorized to
sell, under the direction and with the approval of the Selectmen,
bonds or notes of the town bearing interest at a rate not to ex-
ceed 5% per annum, issued and payable in accordance with law.
Voted by the Selectmen, acting as a Board of Water and
Sewer Commissioners under the authority conferred by Statute
1897, Chap. 504 and acts in amendment thereof and in addition
thereto, and of votes of the Town of Lexington pursuant thereto,
that a sewer be constructed in Independence Avenue from Massachu-
setts Avenue to near Tower Street, substantially in accordance
with a plan made by John T. Cosgrove, Acting Town Engineer, dated
March 20, 1928 and entitled, "Plan and Profile of Proposed Sewer
in Independence Avenue, Lexington, Scale Hor. 1 inch- 40 feet,
Vert. 1 inch-10 feet, John T. Cosgrove, Acting Town Engineer."
Betterments will be assessed for this improvement in ac-
cordance with therovisions of Chapter 221 of the Acts of 1926.
P P
The area which it is expected will receive benefit or ad-
vantage other than the general advantage to the community from
such improvement is described as follows
That portion of those properties on each side of Indepen-
dence Avenue from Massachusetts Avenue to near Tower Street for a
depth not exceeding 125 feet.
The said area comprises the several lots shown upon the plan
hereinbefore referred to which are designated in the schedule here_
to annexed and made a part hereof.
We estimate the betterments that will be assessed upon each
parcel of land to be as shown in the schedule which is hereto
annexed and made a part hereof.
245
Witness our hands at Lexington aforesaid this 10th day
of April, 1928.
Albert H. Burnham ) Selectmen
James G. Robertson ) of the
Francis Chamberlain) Town
Theodore A. Custan4 of
) Lexington
Commonwealth of Massachusetts.
Middlesex, ss . Lexington, Mass.
April 10, 1928
Then personally appe-red the above named. Theodore A.
Custance, Albert H. Burnham, James G. Robertson, and Francis
Chamberlain, and severally acknowledged the foregoing instru-
ment and statement by them subscribed to be their free act and
deed and the free act and deed of the Board of Water and
Sewer Commissioners of the Town of Lexington: before me,
William S. Scamman
A true copy of the records, Attest;
Helen C. Whittemore
Clerk.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
INDEPENDENCE AVENUE.
Lot No. Owner as of April 1. 1928 ASSESSMENT
Michael A. Pero $115.00
AliteeG. Marshall 245.00
Frederick S. Ormond 235.00
Hattie M. Page 385.00
Vernon C. & Florence H. Page 270.00
Ellen M. Fletcher 150.00
Jeanne E. LeMay 170.00
243
am
COMMONWEALTH OF MASSACHUSETTS d
Middlesex, ss. Town of Lexington
WHEREAS the Town of Lexington- at a town meeting duly
called and held on March 12, 1928 duly adopted under Articles
12 and 24 of the Warrant the following votes:
Voted that the Board of Selectmen be authorized to con-
struct a sewer in Glen Road from Meriam Street to Upland Road,
a distance of approximately 245 feet.
Voted that for the construction of sewers in Tower Street,
Independence Avenue, Smith Avenue, Robbins Road, Locust Avenue,
Glen Road and Upland Road, the sum of $5,000. be appropriated
and assessed.
And further Voted that the sum of $14,000 be appropriated
for the construction of sewers in Tower Street, Independence
Avenue, Smith Avenue, Robbins Road, Locust Avenue, Glen Road
and Upland Road, and for the purpose of raising the money so
appropriated the Town Treasurer be and hereby is authorized to
sell, under the direction and with the approval of the Select-
men, bonds or notes of the town bearing interest at a rate
not to exceed 5% per annum, issued and payable in accordance
with law.
Voted by the Selectmen, acting as a Board of Water and
Sewer Commissioners under the authority conferred by Statute
1897, Ch. 504 and acts in amendment thereof and in addition
thereto, and of votes of the Town of Lexington pursuant,there-
to, that a sewer be constructed in Glen Road from Meriam Street
to Upland Road, substantially in accordance with a plan made
by John T. Cosgrove, Acting Town Engineer, dated March 1928
and entitled, "Plan and Profile of Proposed Sewer in Glen
Road, Lexington, Scale Hor. 1 inch-40 feet, Vert. 1 inch-
4 feet,. John T. Cosgrove, Acting Town Engineer. "
Betterments will be assessed for this improvement in ac-
cordance with the provisions of Chapter 221 of the Acts of
1926.
The area which it is expected will receive benefit or ad-
vantage other than the general advantage to the community from
such improvement is described as follows:
That portion of those properties on each side of Glen
Road from o Meriam Street, for a depth not exceeding 125 feet, to
Upland Road, except that land which was previously assessed
on Meriam Street.
The said area comprises the several lots shown upon the
plan hereinbefore referred to which are designated in the
schedule hereto annexed and_made a part hereof
We estimate the betterments that sill be assessed upon each
parcel of land to be as shown in the schedule which is hereto
annexed and made a part hereof.
241
Witness our hands at Lexington aforesaid this 10th day
of April, 1928
Albert H. Burnham ) Selectmen
James G. Robertson )
of the
Francis Chamberlain )
Town of
Theodore A. Custance )
) Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass.
April 10, 1928
Then personally appeared the above named, Albert H.
Burnham, James G. Robertson, Francis Chamberlain, and
Theodore A. Custance, and severally acknowledged the foregoing
instrument and statement by them subscribed to be their free
act and deed and the free act and deed of the Board of Select-
men, acting as a Board of Water nd Sewer Commissioners of
the Town of Lexington before me,
William S. Scamman
A true copy of the records, Attest:
Helen C. Whittemore
Clerk.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
GLEN ROAD.
Owner as of April 1, 1928 '.ARSESSMENT
Bertha H. Miles $90.00
Eunice C. Milne 150.00
Ali6e G. Cloyes (See Upland Road)
I
24S
CO +ra''ONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington.
WHEREAS the Town of Lexington at a town meeting duly
called and held on March 12, 1928 duly adopted under Articles
12 and 24 of the Warrant the following vote:
Voted that the Board of Selectmen be authorized to con-
struct a sewer in Locust Avenue from Independence Avenue to
Robbins Road, a distance of approximately 820 feet.
Voted that for the construction of sewers in Tower Street,
Independence Avenue, Smith Avenue, Robbins Road, Locust Avenue,
Glen Road and Upland Road, the sum of $5,000. be appropriated
and assessed.
And further Voted that the sum of $14,000 be appropriated
for the construction of sewers in Tower Street, Independence
Avenue, Smith Avenue, Robbins Road, Locust Avenue, Glen Road
and Upland Road and that for the purpose of raising the money
so appropriated the Town Treasurer be and hereby is authorized
to sell, under the direction and with the approval of the
Selectmen, bonds or notes of the town bearing interest at a
rate not to exceed 5% per annum, issued and payable in ac-
cordance with law.
Voted by the Selectmen, acting as a Board of Water and
Sewer Commissioners under the authority conferred by Statute
1897, Ch. 504 and acts in amendment thereof and in addition
thereto, and of votes of the Town of Lexington pursuant there-
to, that a sewer be constructed in Locust Avenue from Inde-
pendence Avenue to Robbins Road, substantially in accordance
with a plan made by John T. Cosgrove, Acting Town Engineer,
dated March 20, 1928 and entitled, "Plan and Profile of
Proposed Sewer in Locust Avenue, Lexington, Scale Hor. 1 inch-
40 feet, Vert. 1 inch-10 feet. John T. Cosgrove, Acting
Town Engineer."
Betterments will be assessed for this improvement in
accordance with the provisions of Chapter 221 of the Acts of
1926.
The area which it is expected will receive benefit or
advantage other than the general advantage to the community
from such improvement is described as follows
That portion of those properties on each side of Locust
Avenue extending from Independence Avenue to Robbins Road for
a depth not exceeding 125 feet.
The said area comprises the several lots shown upon the
plans hereinbefore referred to which are designated in the
schedule hereto anne€d and made a part hereof.
We estimate the betterments that All be assessed upon
each• parcel of land to be as shown in the schedule which is
hereto annexed and made a part hereof.
6
249
Witness our hands at Lexington aforesaid this 10th
day of April, 1928.
..Albert H. Burnham )Selectmen
Francis Chamberlain ) of the
James G. Robertson ) Town
Theodore A. Custance) of
) Lexington.
Commonwealth of Massachusetts.
Middlesex, ss. Lexington, Mass.
April 10, 1928
Then personally appeared the above named, Theodore
A. Custance, Albert H. Burnham, James G. Robertson, and Fran-
cis Chamberlain, and severally acknowledged the foregoing
instrument and statement by them subscribed to be their
free act and deed and the free act and deed of the Board
of Water and Sewer Commissioners of the Town of Lexington:
before me,
William S. Scamman
A true .copy of the records, Attest:
Helen C. Whittemore
Clerk.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
LOCUST AVENUE.
Lot No. Owner as of April 1. 1928 ASSESSMENT
84 See Independence Avenue
83 George 'a. & Agnes C. Hynes $120.00
38 Robbins & Smith, Inc. 120.00
37 Homer J. & Helen G. Potter 115.00
A William N . Robbins, et al. 300.00
82 Robbins & Smith, Inc. 120.00
81 Robbins & Smith, Inc. 115.00
250
Hearingwas declared open at 8:15 P.M.pon. the applica-
tion of the Edison Electric Ill. Co. and the N. E. Tel. & `fig
Tel. Co. , for joint location .of four poles on Meriam Street.
Mr. Ralph H. Marshall appeared before the Board to
register his objection, inasmuch as he could not see any
reason for the companies desiring poles since all the parties
in the immediate vicinity are furnished with lights and
telephone. It was left with the Supt. of Public Works
to investigate the matter and find out why the location of
the poles are necessary.
The matter was therefore laid on the table.
Letter was received from the Town Counsel enclosing
sketch showing the location of Harrington Park as origin-
ally laid out by the Burns Heirs. The plan also showed area
' which Robbins & Smith proposed to convey outright to the
Town in place of the original Harrington Park, provided that
they can make a satisfactory adjustment for their claim
against the Burns Heirs.
The Town Counsel was authorized to proceed with negotia-
tions with Robbins & Smith to have this land deeded to the
town and the Town Engineer was requested to stake out the
property so that the Board might view the same
Inasmuch as Mr. Dana F. Ward, and JT:. •Chester Hutchinson
applied for installation of sewer in Eliot Road, figures were
obtained from the Town Engineer giving the cost of the
sewer as $4200. Inasmuch as Ir. Ward is now in the process
of construction his home, it was decided to inform him that II
tie Board looked favorably upon the installation of a sewer.
The following is a report of the Supt. of Public Works
L .in Eliot Rd.
The work accomplished by the Highway, Water and Sewer
Departments during the week ending AApril 7th is as follows:
Highway Department.
Patching various streets, constructing a short piece
of sidewalk on Meriam S treet, digging test holes in Mass.
Avenue, changing location and rebuilding two catch basins
in Bedford St. , placing gravel, grading and rolling North
Street, Burlington Street, Adams Street and East Street.
Water Department.
Construction of water main in Spring Street, tksual
maintenance work and three house connections.
Sewer Department.
Construction of Sewer main and connection in Bloomfield St.
Brooks.
Cleared the brook and culvert in East Lexington from Masss,.
251
Avenue,-,to Bow Street. A manhole was constructed cted at the bend
in the culvert near the East Lexington station.
Water construction in Spring Street and Shade Street
will be continued and sewer construction in Lincoln Street.
Yours very truly,
William S. Seaman, Supt.
The Board signed the following commitments, Water rates,
$1445.4', and sewer connection, $573.97.
The Board voted to appoint John M. Barry, 156 Vine
Street, as patrolman of the Lexington Police Department., and
the Chairman signed the requisition to be sent to the Civil
Service Commissioh.
The Board voted to grant the following licenses and
signed the same.
LICENSES\TO BE SIGNED BY THE BOARD
A*. +i1_10, 1928
Alcohol License
Arthur S. Wilson 400 Mass . Avenue
Lex. Hard. & Supply Co 428 Mass. Avenue
H. M. Munroe & Irving Currier Woburn & Lowell Sts.
Ross Tire & Battery Co. 3 Depot Square
Mrs. Gertrude E. Chase 433 Marrett Road
Herbert M. Lawrence 449 Mass. Ave.
Calvin W. Childs 99 Mass. Avenue
Bowling .Alley
Maxwell V Davis & C. E. Barnaby 466 Mass . Ave.
Common Victualler
Ashley W. Partridge 405 Mass. Avenue
Ashley W. Partridge Corner Waltham St. , &
Marrett Rd.
H. M. Munroe & Irving Currier Corner Woburn and Lowell Sts
Mary A. Rowland Lowell Street
Caroline A. Harrington & Pheobe
Hutchins 393 Mass. Ave.
Mrs. Gertrude E. Chase 433 Marrett Road
Mrs. Hattie E. A. Peckham 37 Hancock Street
II
Breck-Robinson Nursery Co. Mass. Ave.
Arthur L. & Grace M. Smith 264 Bedford Street
Catherine F. Donovan 1P3 Lincoln St.
252
Guide License
John J. Garrity, Jr. 9 Hancock Street
WSlli�m H Stevenson 16 Waltham St.
Hairdressing
1 Mrs. Mary 4. Heath 457 Mass. Avenue
Innholders
Galen A. & Warren E. Russell 347 Mass. Avenue
Harriet Allen 479 Mass. Avenue
John E Coyle 476 Mass. Avenue
Mary G. Mullen & Mary A. Welsh 53 Mass. Avenue
G. W. MacAlpine 50 Percy Road
Intelligence Office
Florence Crittendon Circle 495 Mass. Avenue
Junk Dealer
Jacob Bornstein 4 Sylvia Street
JLastage License
Wilma A. Brown Bridle Path
Public Carriage
Arthur A. Marshall & Son 488 Mass. Avenue
Edson A. Pero 353 Mass. Avenue
Hans Sorenson Woburn Street
James mcCarthy 80 Bedford Street
Sunday Sales
Hugh D. McIntosh 442 Marrett Road
Sam. B. Rome 21 Mass. Avenue
Undertakers
Arthur A. Marshall & Son 488 Mass. Ave.nue
James F. McCarthy 80 Bedford St.
Thomas M. Montague 33 Waltham Street
Liquor
Ernest C. Martin 461 Mass. Avenue
253
The Board signed the warrant for the Presidential
Primary to be held April 24, 1928 from 4 P.M. to 8 P.M. at
Emerson Hall and Town Hall.
The Board approved the bill of $208.75 for legal ser-
vices in the case of the Town vs. John and Salvatore Ricci.
In connection with the case of John and Salvatore Ricci,
the Town Counsel advised that the Board make arrangements
with Ricci Brothers for getting rid of their pigs . The Board
therefore decided to write Ricci Brothers and ask them to
name a definite date when they propose to dispose of their
pigs.
Letter was received from the Planning Board asking for
the services of the Engineering Dept. on several schemes .
1st. The study of Mass. Avenue for establishment of
building line.
2nd. Topographical map of the area between the Arlington
line, Lowell, and .Maple Streets, and Mass . Avenue with complete
date necessary for the laying out of an extension of Bow St. ,
to Lowell St _, of new main ways from near the Arlington Res-
ervoir to Maple St. , for the study of possible park develop-
ment near the Reservoir in conjunction with Arlington, and for
the study of the drainage or developmental work in the Great
Meadows and Sickle Brook areas.
3rd. A completion of the plan of the proposed East Street
layout as promised abutters at the hearing on this subject,
11
together with typography, etc , affecting the possible exten-
sion through to North Hancock Street.
The Board advised the Planning Board that the instructions
to the Engineering Dept. are now to come through the Supt.
of Public Works, and that this matter had been turned over to
him.
Letter was received from the Health Officer explaining
that last year the Shick test was given to all the school
children to immunize them against diphtheria, and at that
time the local physicians gave their services without charge.
He stated that it was necessary to give the test again this
year in order that the new children may receive the test and
the pre-school children receive it also. He desired to find
out whether or not the Board would allow a nominal fee, for
instance, $5.00, for the services of the physicians same as
the Town of Arlington pays. He felt that it was a just ex-
pense, inasmuch as it would save hospitalization bills for
diphtheria for the Board of Health.
It was decided to request Dr. Barnes to inform the Board
just what expense would be incurred by this service.
It was decided to request Mr. Custance to complete ne-
gotiations on the settlement of damages on Bedford Street with
those parties who are ready to make settlement, and he was
also requested to take up the matter of Waltham Street damages
with the Town Counsel and with Mr. Aldrich.
4
254 4.0
Applications for bonds for the Supt. of Public Works, C7
Building Inspector and Plumbing Inspector were signed by he
Cha_ iman.
Letter was received from the Supt. of Public Works in which
he suggested a nominal rate of 1210 per 100 cu. ft. be levied
on the various town departments for water used by them. The
Board voted that a rate of 18¢ per 100 ft. be charged to Town
Buildings .
Mr. Custance reported that Mr. Thomas Whiting had communi-
cated with him in regard to making a settlement for ceiling
which fell in his house on accouht of the town blasting work on
Wachusett Drive. He stated that Mr. Whiting said that he would
be willing to settle for $20.001 The Supt. of Public Works was
requested to se Mr. Whiting and also his son and make a
settlement of damages .
Letter was received from the Supt. of Public Works in re-
gard to the change in the street light at Elm Avenue and Bed-
ford Street, and it was decided to accept the Supt. ' s recom-
mendation for a change to 1 - 600 c. p. light instead of his
former suggestion of 2 - 250 c. p. light on either side.
The meeting adjourned at 12: 10 A.M.
A true record, Attest:
Clerk. ,