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HomeMy WebLinkAbout1930-05-06 143 SELECTMEN' S M h`fING MAY 6, 1930. The regular meeting of the Board of Selectmen was held at the Selectmen' s Room, Town Office Building, at 7 :30 P.M. Messrs . Burnham, Custanne , Blake ,Shannon and Trask were present. The Supt . of Public Works and the Clerk were also present. 1;.e following licenses were granted. IIai r dre s s i zg. Katherine MacDonald 1747 Mass .Ave . Mabbi W.Hopkinson 1747 M'ss . Ave. Harriet A. Matherson 1747 Mass . Ave . Hazel C.Brown 1711 Mass . Ave . Florence B.Westover• 1711 Mass . Ave. Licenses Mary M. Heath 8 Waltham St . Ann Ryan Sunday Sales Edward I. Berman 12 Mays . Ave . Common Victuallers II Jane M. Lawrence Concord Ave. Alcohol Anselm C. Mullin 283 Mass . Ave . Peddlers James S. Mowatt 17 Wachusett Drive Ihhholders Mrs . Harriet Allen 1833 Mass . Ave. Commitment of water char--es in the amount of $492.51 and commitment of sewer service charges in Commitments the amount of $654.36 were signed by the Boar ? . At 8 P.M. the members of the Committee on the purchase of fire sites for a fire en,Tine house met . Mr. Hallie C.Blake, Chairman of this Committee, informed them that they were called together to Fire Sites. decide whether or n-it they would accept an offer on the triangular piece of land locat�Cd at the junction of Fletcher Avenue and WoburnSt -eet, which 14,4 may be purchased for the sum of $5000. Sometime ago the price of this land was $10,000 and later Mr. Blake obtained an option of $8000; now it can be secured for the low prire of S5000. At a previous date the Planning Board recommended to the Board of Selectmen that this piece of land be purchased for a location for a fire site. The Chief of the Fire Department stated at this meeting, however, that he did not believe, after looking the situation over, that the Town if they desired to expand the building or grounds, had sufficient land to do so on this triangle. If the piece of land were not of a triangular shape, they probably could do:. more with it . The Chief, however, favored the lot owned by Mrs . Bridget Leary at the corner of Fletcher Avenue, taking with it some of the land belonging to Dr. Barnes . The location on Waltham Street as offered by Mr. Blake was considered again, but no definite locati >n was decided coon. It was , however, definitely decided that the Committee would not have an article inserted in the Warrant asking for an appropriation to purchase the site at the junction of Fletcher Avenue and Woburn Street bounded by the B. & M. Railroad and owned by Mr. Harry M. Aldrich. Chief Edwarl W.Taylor called attention to the fact that a great deal of money had been spent in Additional endeavoring to pit out the forest fires that had money in been around Town and that more money was needed Fire Dept. in this account and owing to the forest fires , the Account. Fire Department will also over-run its appropriation, and he felt that additional money should be asked for at this time; owing to the excess work that has been in the Department more money will be needed before the end of the year. At 8 30 P.M. Messrs. James G. Robertson, East Lexington Ve ,non C. Page and. Mr.Ernest Kitson came before Traffic sitsa- the Board. They presented a plan and requested tion. that various improvements for the traffic situation in East Lexington be made. They stated that the building of stores in the village down thee,- has created a serious situation. They felt that the Police protedtion was good but t -at the lighting, especially at intersecting streets, was not good. They recommended placing a sign on the right side of Massachusetts Avenue going from Lexington Center, opposite Maple Street , directing people to Boston and Arlington, inasmuch as there seems to be confusion at this point and people 145 decide at the last minute to go Maple Street way. I They felt that there sho .ild also be a stop and enter sign at Plainfield Street and at both ends of Curve Street; that there should be a siren at the fire stati n at the corner of Independence Avenue to notify people when there is a fire that there is a fire house in the vicinity ; there also should be a sign suggesting a congested section below and and above where the stores are located. There should also be arc lights at both ends of Curve Street . They felt also that the triangle in the junction of Maple Street should have considerable study and suggested that circling the triangle might be for the better interests of traffic . The Boarfelt that the Committee from the Men' s Club should put their suggestions in writing and present them with a plan marked with the suggestions thereon to the Board, and the Board would then have something concrete before them to work on. It was voted to appoint the following as Fire Engineers Fire Engineers: Edward W. Taylor, Norman C. appointed. Hooper and Edward F. Buttrick. ' The Clerk reported that complaint had been received from Fred L. Lord, Prospect Hill Road, regarding the pigs owned by Mr. Charles W. Ryder, Waltham Street. Mr. Lord stated that the stench was terrific. It was decided to refer this complaint to Complaint, the Town Counsel and the Health Inspector. It Ryder pigs . was understood however, that the work being done on the Ryder premises was that manure was being spread on the ground and plowed in, and they thought that if this was being done, that nothing could be done about it. The Chairman, Mr. Albert H. Burnham, stated that Mr. Phillip Leaf, Janitor, spoke to him about the increase in pay that he had received, and stated that the increase of 31i a week was Mr. Leaf re more of a joke than anything else. He stated increase. that he thought he should have as much as Mr. Moloy, inasmuch as he understood that he would have a position equal to Mr. Moloy when he came here. The Board, after discissing the matter, voted to lay the same on the table. Mr. Frederick L. Emery came before the Board and went over the reports or the Selectmen in regard to Vine Brook drainage previous to Vine Brook having the reports printed for the town meeting drainage reports . members 146 Mr. Emery stated that sometime ago the Field and Garden Club had in mind the develop- ment of Hastings Park in accordance with a plan made by the late Arthur E. Horton. He Hastings Park. stated that at that time Mr. Herton made a plan for the development, but the plan has been mis-laid. Mr. Emery presented a sketch showing, as far as he could remember, what Mr. Horton had drawn. He stated that he understood that Mr. Kellaway had made a study of the development for the Selectmen, but he desired to have this sketch presented to the Board before they take any final action. The Board decided to send a copy of Mr. Emery' s letter and also the sketch to Mr. Kellaway to get his reaction. A delegation from the East Lexington Improve- E. Lexington ment Society namely Mr. Francis J. Toye, Mr. Improvement Matthew Zubowitch, Mr. Frank E. Hudson,Mr. Society,Oak St. Herbert C.Flint, Mr. George W. Nary, Mr. James E. McCarthy and two others came before the Board again to Igring more pressure to bear upon the Board to have something done about the danger to school children at Oak Street. They reported that there were 132 school children coming down Oak Street, and it was the unanimous opin on of their committ^e that a traffic light should be installed at Oak Street. They also stated that they had taken the matter up with Mr. George E. Briggs, Representative, and he was favorably disposed to the idea, and he feels very strongly that the State might install a light there . They also stated that there is another condition dangerous for the sciool children when they go to the Playground, and during the summer they will be going to the Ririmming pool. They mentioned the fact that a traffic light has been installed at Roseland Street in Boston, and they felt that there is no more traffic there than there is at Oak Street. Mr. gcamman suggested a red flicker be installed. One of the Committee stated that he recalled a red flicker being in use in Arlington. The Committee called attention to the fact that they had been up to the meeting a week ago and it was agreed that signs would be placed on Oak Street calling attention to no parking on the right side of this street going up from Mass . Avenue . These had not been placed there , and they were informed that the signs were ready to be put up. Mr. Zubowitch called attention to the fact that he felt there should he a police officer in the East Village, inasmuch as they have no police protection. The Committee was- informed that the previous 147 committee from the East Lexington Mens Club stated that the police protection w as good. They stated however, that this was in connection with traffic. The Board agreed to take up the matter of police protection with the Chief of Police to get his advice as to whether he needed an additional officer, and to insert an article in the Warrant for Town Meeting asking for additional money for the Police Department . It was decided to send a bill to Mr. George H. Streeter for $27 .44 and one to Mr. Rmckwell C. Bill for Tenney for $41.16 as their share of constructing fence, the fence between their property and Bel 'r) Hill. Belfry Hill. Mr. Custance reported that a man by the name of John Abbott was realy to purchase the Purchase of brick building on the Carbarn propert--, and he building, M.&. understood that he was to purchase the property B. property. direct from the M. & �. St. Rwy. Co. relieving the Town of the purchase of the whole of tie property. He understood that the transaction for the Town would probably go through on Wednesday night . Mr. Anthony Ross asked permission to remove about 700 yds . of loam from the M.&.B.St.Rwy. Co. Remove loam property. This fillip;, Mr. Custance explained, from M.&.B. would nave to be removed anyway when the Town takes property. over the property and while it could be removed for nothing, he advised that the Board grant Mr. Ross permission to remove the filling. It wasthe 'efore voted to grant Mr. Ross permission to remove the filling. The Board signed a petition to the County Commissioners asking for money for Reoair specific repairs on Mass. Avenue from Waltham St. of Mass . Ave. to Woburn Street. Mr. Custance reported having had a conference with the County Commissioners, and he was assured t- at they would -loin in with the Town to assist them in the repair of this highway. Petition was received from B. W. Melanson Petition for asking for street lights on Westview Street and street lights that the street be covered with a coat of tarvda. Westview St. This petition was referred to the Supt . of Public Works for his report. The Suot. of Public Works was instructed to Consolitation communicate with the M. & B. St. Rwy. Co. regarding of bus stops. the consolidation of their bus stop at Clarke Street and in front of the Bank into one stop to be located just above Smiths Paper Store near the stand at the Public Library. _J 148 1-11 CJ The Supt. of Public Works reported that Qas service the Lexington Gas Company had an application installed for gas service in Woburn Street from Missa- chusetts ATrenue to Lowell Street. It was voted to grant the Lexington Gas Co. permission to install their gas service. The Board passed the following parking regulations : Voted that the parking regulations adopted by Parking the Board of Selectmen March 5, 1929 be and they Regulations . are hereby amended by adding thereto tre following amendment "There shall be no parking on the westerly side of Oak Street a distance of 300 feet from Massachusetts Avenue southerly. " The Board of Selectmen acting as a Board of Health gave furt er consideration to the application M. Floyd of M. Floyd Rorgers for a license to do business Rodgers as an undertaker in the Town, and decided that on license the evidence before it the Board was not satisfied refused. that the applicant possesses all the qualifications set forth in Statute 1926, Chapter 242 and the Board therefore unanimously voted riot to grant a license as undertaker to M. Floyd Rodgers . Mr. Custance reported that he was in receipt of a letter from the County Commissioners in Connections which they agreed to pay the guaranty on a 12" in Liberty pipe the total length cmnnecting from the top Heights . of Liberty Heights, and they would put in a 10" meter. They also were going to put in a 10" piped from their property line to the building at their own cost . Letter was received from the Town Counsel Overhanging in which he gave information regarding the sign policies . insurance policies which we-e sent to him for comparison. It appears that the insurance policy made out in blanket form does not cover sufficiently for the coverage required by the regulations for overhanging signs . Mr. Custance presented a plan showing the layout of the proposed widening of the corners at Five Forks . He stated that Mr. Miller agreed Five Forks. to give the land on his side when the Town does their work. He recommended keeping the triangular space open but to take it for highway purposes . The Board voted to undertake to make a layout of th&snwhole-ee'ction around Five Forks; also to lay out School Street in its connection with Marrett Road. Letter was received from the Town Counsel in which he reported the case of Charles Brophy which 149 was in the Concord Court on Saturday previous . The Counsel advised, after hearing the ca 'e, declining settlement until a later stage of the case. Brophy case. The Board advised the Counsel that they would accept his opinion in this matter, and requested him to advise JThn J. Foster, Attorney for Mr. Charles Brophy, to that effect. Letter was received from the Town Counsel in which he gave opinion in regard to the sale of products for roadside stands in connection with Roadside Stands the Zoning By-law. He stated tat there was no special provision for farmers under the general Laws, other than t e Maintenance of a public market. He also enclosed forms for the Board of Appeals to use for perspns having roadside stands to apply for a yearly permit . The Chairman of the Board stated that he did not agree with Mr. Wrightington in regard to the provisions of the Law relating to the products of the farmer, inasmuch as he had been to many hearin-s and the reference to which Mr.Wrightington had about the public market was on public grounds or a highway in a city or town and not on the farmers own land. No definite action was taken upon Mr.Wrightingtonts letter regarding roadside stands . Reply however , was made to Mr. Emery' s letter in which the Board stated that they would be pleased to act when they received complaint on any of the roadside stands . Contracts for the maintenance of Concord Avenue we T signed by the Board to be sent to the State, Contracts , it being understood that the contribution for Concord Ave. maintenance wo .ld be received by the Town. signed. Letter was received from the Town Counsel Timothy case. advising that the Board settle the Timothy case, inasmuch as he felt there was a legal liability upon the Town. He stated i.lso that he communicated with Mr. Burke and found that the claim for damages was $40. The Board authorized the TownCounsel to settle for the sum of $35.00. Letter was received from Mr Albert A. Ross Commander, American Legion Post 38, requesting Warrant signed. an article be inserted in the Warrant so that $960 could be obtained by the American Legion for their part of the appropriation for the Tercentenary Celebration. It was decided to insert the artille in the Warrant. The Board signed the Warrant for a Town Meeting to be held May 19. Warrant signed. 1 161) Letter was received from the Town Counsel in which he reported that the Land Court had made an adverse decision to the Town regarding Harrington the registration certificate of Rob ins & Smith Park. to register the land of H,rringtcn Park . He would therefore advise that matter be not followed up any further. The Board voted to accept the judgment of the Town Counsel and advise him to drop the matter. The Board sighed the contract for construction Granolithic of granolithic sidewalks in the Town which had been Sidewalks . awarded to IIervey Armington. The Board also voted to adopt orders for the construction of granol±thic sidewalks for the following locations Assessment, MartinJ. Carrigan 531 Maim. Ave . " $80.00 Annie F. Shepard 1386 Mass. Ave . " 195.00 Roman Catholic Arch- bishop of Boston Bollen Rd. " 200.00 Elliot F.Kendft1l 280 Bedford St. " 175.00 Leone M.Northrup 45 Nds. Hancock St." 95.00 Mrs .Helen A.Downing 48 Hancock St. " 65.00 L.F.&.S.R.Willard 1444 Mass . Ave. " 75.00 L.G.&.L.M Marshall Mass . Ave. " 80.00 Arthur H. McLearn 1387 Mass . Ave. " 110.00 N E.Tel .&.Tel. Co. 27 Muzzey St. " 50.00 Mrs .Carrie A. Norris 7 Winthrop Rd. " .80.00 D.R.&.J.P.Knight t 1088 Mass . Ave. It 110.00 Edwa'd W Taylor 49 No.HancockSt. " 65.00 Lex. Trust Company ' M ss. Ave. " 220.00 Calvin W. Childs 6 Chandler St. " 150.00 J. A. & B. D. Parks 4 Hillside Terrace 45.00 The Board signed the orders for the layout of the following streets COMMONWEALTH OF MASSACHTTSETTS Middlesex, ss . Town of Lexington. At a meeting of the Board of Selectmen of the Pottier Ave. Town of Lexington held the 6th day of May, 1930 it is ORDERED: Whereas the Board of Selectmen of the Town of Lexington having determined and adjudged that common convenience and necessity require that a town way be laid out in the location hereinafter described and having complied with the requirements of law relating to notice, did on the 10th day of September, 129, layout as a town way the way known as Fottler Avenue from Cl ffe Avenue westerly about 605 feet accordingly and duly filed their report of such laying out with the boundaries and the measurements 1 of the same in the office of the Town Clerk of said 151 town on the 11th day of September, 1929, and whereas at a town meeting duly called, warned and held on the 28th day of April, 1930, in ac- cordance with the provisions of law applicable thereto, it was VOTED: "That the Town accept tae layout as a town way of a portion of Fottler Avenue, all as laid out by the Board of Selectmen under the Better- ment Act and as shown on plan on file in the Town Clerk 's Office dated August 22, 1929. " NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby under and by virtue of the provisions of Chapter 79 of the General Laws and of any and every other power and authority us hereto in any way enabling, take the right or easement to use for all the purposes of a town way for the use of said Town of Lexington, the land in said Town bounded and described as follows The northerly line of Fottler Avenue begins at a point in the westerly line of Cliffe Avenue, thence north 69° 17 ' 58" west distant aboa# 133 feet to a point of curvature , thence bearing to 1 II the left with a curve of 235.76 feet radius distant 94.64 f-et to a point of tangency, thence south 87° 42 ' 02" west distantt239.05 feet to a point of curvature , thence bearing to the left' with a curve of 257 .94 feet radius distant 93.64 feet to a point of tangency, thence south 66° 54 ' 02" west distant 60 .00 feet. The southerly line of Fottler Avenue begins at a point In the westerly line of Cliffe Avenue, thence north 69° 17 ' 58" west distant about 133 feet to a point of curvature, thence bearing to the left with a curve of 195.76 feet radius distant 78.58 feet to aaaoint of tangency, thence south 870 42 ' 02" west distant 239.05 feet to a ooint of curvature, thence bearing to the left with a curve of 217.94 feet radius distant 79.12 feet to a point of tangency, thence south 66° 54 ' 02" west distant 60 .00 feet to a point, said point being south 2305 ' 58" east distant 40.00 feet from the terminus of the above described northerly 1ple. The above described lines are paralel with and distant 40 .00 feet from each other. The above description is intnnded to conform to the plan of said street entitled, "Plan of Fottler Avenue, Lexington, Mass . , Scale 1 inch - 40 feet, -15 2 Ca August 22 , 1929 , John T. Cosgrove, Town Engineer, " which plan is on file in the Town Clerk' s Office in said Lexington and a copy of which will be recorded with Middlesex South District Registry of Deeds with a copy of this order. All trees, if any, upon the land taken are included in this taking. Betterments are to he assessed for this improvement . 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 The same being lands now or formerly of Margaret E. Bartels , Eugene Rosendorn, Sarah I . Musgrave, Ida Kaitz, Joseph Ruocco, Axel Nelson, Bela S. & Maria R.Ba1ogh, Town of Arlington, and Alexander Brasas & Thaddeus Vallis, as shown on a plan entitled, "Plan of Fottler Avenue, Lexington, Mass . , Scale 1 inch - 40 feet , April 1, 1930, John T . Cosgrove, Town Engineer. " 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 -ereof. We estimate the betterments that will be assessed upon eacn parcel of land to be as shown in the sci- edule which is hereto annexed and made a part hereof. We determine that no damages have been sustained and none are awarded. WITNESS our hands at Lexington aforesaid this 6th day of May, 1930. Albert H. Burnham Selectmen Clarence Shannon of the Hallie C. Blake Town Robert P. Trask of Theodore A. Custance Lexington. FOTTLER AVENUE ESTIMATED ASSESSMENT OF BETTERMENTS TO ABTJTTORS Lot No . Reg. Land Cert. No. Margaret E. Bartels $530.00 Eugene Rosendorn 240.00 Sarah I. Musgrave 590.00 153 Lot No. Reg. Land Cert. No. 150-154 30288 Ida Kaitz640.00 143-147 11678 Joseph Ruocco 545.00 148-149 16586 Axel Nelson 330100 297-298 9902 299-300 11481 Bela S .&.Maria R. Balogh 470.00 301-302 14508 Alexander Brasas P,c Thaddeus Vallis 150.00 303 16233 Eugene Rosendorn 440.00 $3935.00 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss Town of Lexington. Tart Ave. At a meeting of the Board of Selectmen of the Town of Lexington held the 6th day of May, 1930 it is ORDERED: Whereas the Board of Selectmen of the Town of Lexington, having determined and adjudged that comm n convenience and necessity require that a town way be laid oat in the location hereinafter described and having complied with the requirements of law relating to notice, did on the 11th day of February, 1930, lay out as a town way the way known as Taft Avenue from Baker Avenue to Ellis Street six hundred ninety feet (690) more or less, accordingly and duly filed their report of such laying- out with • the boundaries and the measurements of the same in the F office of the Town Clerk of said town on the 12th day of February, 1930 and w ereas at a town meeting duly called, warned and held on the 28th day of April, 1930, in accordance with the provisions of law applicable thereto, it was VOTED "That the Town accept the layoat as a town way of a portion of Taft Avenue from Baker Avenue to Ellis Street, all as laid out by the Selectmen under the Betterment Act, and as shown on plan on file in the Town Clerk 's Office dated January 21,1930". • NOW, THEREFOR, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qualified and acting as such, do hereby under and by Virtue of the provisions of Chapter 79 of the General Laws and of any and every other power and authority us hereto in any way enabling, take the right or easement to use for all the purposes of a town way for the use of said Town of Lexington, the land in said town bounded and described as follows : The southerly line of Taft Avenue begins at its junctior with the westerly line of Baker Avenue, said 154 junction being northerly of and distant 190.00 feet from the northerly line of Oak Street, and thence north 44° 30' west distant 694.00 feet to its junction with the westerly line of Ellis Street. The northerly line of Taft Avenue begins at a point opposite the junction of the westerly line of Baker Avenue with th8 southerly line of Taft Avenue , thence north 44 30 ' west distant 686.00 feet. The above described lines are parallel with and distant 40.00 feet from each other. The above description is intended to conform to the plan of said street entitled, "Plan of Taft Avenue, Lexington, Mass . , Scale 1 inch - 40 fe t, January 21, 1930, John T. Cosgrove, Town Engineer , " which plan is on file in the Town Clerk 's Office in said Lexington and a copy of which will be recorded with Middlesex South District Registry of Deeds with a copy of this order. All trees, if any, upon the land taken are included in this taking. Betterments are to be assessed for this improvement. 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 : The same being lands now or formerly of Euphemia C. & John C. Cairns , Charlotte Dobson, Jennie C. Coye, Frank Guinasso, Lillian E. Guthrie, Antonio Cantore, Joseph A. Kelley, Monica A. Holland, Christina M. Shilliday, Matthew M. & Marie A. Zubowitch, Edson H. Bowman, Louis E. & Catherine J. Casco, Euphemia C. Cairns , Mary Emma Jolly, Mable Wilmot, Joshua Esnor, George H. & Edna Doughty and Fannie A. Lambert, as shown on a plan entitled, "Plan of Taft Avenue, Lexington,Mass . , Scale 1 inch - 40 feet, April 1, 1930 John T. Cosgrove, Town Engineer. " 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 he»eto annexed and made a part hereof. We determine that no damages have been sustained and none are awarded. 4 155 WTTNESS our hands at Lexington aforesaid this 6th day of May, 1930. Albert H. Burnham Selectmen Hallie C. Blake of the Clarence Shannon Town Robert P. Trask of Theodore A. Custance Lexington TAFT AVENUE ESTIMATED ASSESSMENT OF BETTERMENTS TO ABUTTORS Christine M. Shilliday $230.00 Matthew M. & Marie A. Zubowitch 135. 00 Edwon H, Bowman 265.00 Louis E. & Catherine J. Casco 265.00 Mary Emma Jolly 775. 00 Mable Wilmot 265.00 Joshua Esnor 265.00 George H. & Edna Doughty 210.00 Fannie A. Lambert 250.00 Euphemia C. & John C. Cairns 155.00 Euphemia C. Cairns 220.00 Charlotte Dobson 220.00 Jennie C. Core 540.00 Frank Guinasso 370.00 Lillian E. Guthrie 265.00 Antonio Cantore 265.00 Joseph A. Kelley 265.00 Monica A. Holland 440.00 $6400.00 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington. Bertwell Rd. At a meeting of the Board of Selectmen of the Town of Lexington held the 6th day--of May, 1930, it is ORDERED: Whereas the Board of Selectmen of the Town of Lexington, having determined and adjudged that common convenience and necessity require that a town way be laid out in the location hereinafter ' described and having complied with the requirements of law relating to notice, did on the 11th day of February, 1930 lay out as a town way the way known as Bertwell Road from North Hancock Street to Fuller Road nine hundred fifty ( 950) feet more or less , accordingly and duly filed their reoort of such laying 156 out with the boundaries and the measurements "1.1 of the same in the office of the Town Clerk C7 of said town on the 12th day of February, 1930, and whereas at a town meeting duly called, warned and held on the 28th day of Anril, 1930, in accordance with the provisions of law applicable thereto, it was VOTED "That the Town accept the layout as a town way of Bertwell Road from North Hancock Street to Fuller Road, all as laid out by the Selectmen under the Betterment Act, and as shown on plan on file in the Town Clerk 's Office, dated May 22, 1929". NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the said Town of Lexington, duly elected, qulified and acting as such, do hereby under and by virtue of the provisions of Chanter 79 of the General Laws and of every other power and authority us hereto in any way enabling, take the right or easement to use for all the purposes of a tovm way for the use of said Town of Lexington, the land in said town bounded and described as follows: The westerly line of Bertwell Road begins at a stone bound marking the westerly end of a curve of 277 .34 feet radius in the northerly line of North Hancock Street , thence bearing to the left with a curve of 28.98 feet radius distant 39,74 feet to a point of tangency, thence north 23° 38' 40" east distant 52. 63 feet to a stone bound marking a point of curvature , thence bearing to the left with a curve of 384.88 feet radius distant 171.59 feet to a stone bound marking a point of tangency, thence north 1 54' west distant 719.69 feet. The easterly line of Bertwell Road begins at a point in the nherly line of North Hancocltreet, thence bearing to the right with a curve of 11.80 feet radius distant 24.49 feet to a stone bound marking a point of tangency, thence hOrth 23° 38' 40" east distant 36.10 feet to a stone bound marking a point of curvature, thence bearing to the left with a curve of 434.88 feet radius distant 193.88 feet to a stone bound marking a point of tangency, thence north l° 54' west distant 719.69 feet. The above described lines are parallel with and distant 50.00 feet from each other with the exception of the curved intersections at North Hancock Street. 1 157 The above description is intended to conform to the plan of said street entitled, "Plan of Bertwell Road, Lexington, Mass . , Scale 1 inch - ' 40 feet, May 22, 1929, John T. Cosgrove, Town Engineer" , said plan being divided into two lengths on sheet numrered 1 and 2, which plan is on file in the Town Clerk 's Office in said Lexington and a copy of which will be recorded with Middlesex South District Registry of Deeds with a copy of this order. All trees , if any, upon the land taken are included in this takin". Betterments are to be assessed for this improvement . 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 : The same being lands now of formerly of Roy A. & Eva M. Ferguson, William W. Ferguson, Theresa H. Neugebauer, Ray O. Malcolm, Norman C. Hooper, Margaret A. Hussey, A.Irving & Frances M. Dodge, Franklin P. Simonds, William E.White, Hallie C. Blake, Theresa M. Valente, Almeda E. Pbilbrook, Arthur C. Goss, Jr. , Paul W. Olson & Mary A. Olsen, Frank N. & Christine M. Champlin, Roy A.Ferguson, Robert F. Boyd, Irene H. ?ring, Anna Hilda & Hans Peter Hanson, Manfred B. & Linda M. Olson, Elton B. & Margeret L. McCausland, and Roger W. Brown, as shown on a plan entitled, "Plan of Bertwell Road, Lexington, Mass . , Scale 1 inch - 40 feet, April 1, 1930, JohnT. Cosgrove, Town Engineer. " 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 wti:ich is hereto annexed and made a part hereof. We determine that no deranges have been sustained and none are awarded. Witness our hands at Lexin ton aforesaid this 6th day of May, 1830. Albert H. Buanham Selectmen Clarence Shannon of the Hallie C. Blake Town Robert P.Trask of Theodore A. Custance Lexington 158 BERTWELL ROAD ESTIMATED ASSESSMENT OF BETTERMENTS TO ABUTTORS Block 7 Theresa M. Valente $70.00 Alemeda E. Philbrook 225.00 Arthur C. Goss , Jr. 215.00 Roy A. Ferguson 215.00 Paul W. Olson & Mary A. Olsen 215.00 Frank N. & Christine M.Champlin 215.00 Hallie C. Blake 625.00 Robert F. Boyd 215.00 Irene H. Pring 215.00 Anna Hilda & Hans Peter Hanson 215.00 Manfred B. & Linda M. Olson 215.00 Roger W. Brown 305.00 $2945.00 Block 8 William E. White $765.00 Roy A. & Eva M. Ferguson 265.00 William W. Ferguson 865.00 Theresa H. Neugebauer 215.00 Roy A. Ferguson 215.00 Ray 0. Malcolm 215.00 Norman C. Hooper 315.00 Marga-et A. Hussey 215.00 A. Irving & Frances M. Dodge 350.30 Franklin P. Simonds 180.00 Elton B. & Margaret L. McCausland 110.00 $3110.00 The following is the weekly report of the Supt. of Public Works : For the week ending May 3, 1930. Highway Department The work of widening the traveled way in Woburn Street was continued, broken gravel stone being placed, a part graded and rolled and made ready to apply penetration material. Surface patches were made in Concord Avenue and Lowell Street and other maintenance work was attended to. Next week the department will take care of the regular maintenance. 159 Moth & Shade Tree Dept. Trees were trimmed in Hill Street and Bedford Street. Trees were planted in Forest Street. Next week the trees in Hastings Park will be trimmed. Park Department. During the past week the Park Department continued the grading at HastinJ.s Park and put new wire around the tennis courts , besides attending to the regular maintenance. Next week they will attend to the regular maintenance work and grading at HastinTs Park. Water & Sewer Departments Water Maintenance Water services have been installed as follows : Alberto, Harding Road; Cataldo, Bow Street; two for McPhee on Vaille Avenue, Busa Brothers , Lincoln Street; renewal for Kraetzer, Hancock Street; renewal for Harrington, Curve Street. Two men have been painting hydrants. Water Construction Completed extension of 1001 of 6" pipe in Vaille Avenue. Laid approximately 275' of 6" pipe in Bowker Street. Connected houses on Hinchey Road with- new main. Sewer Maintenance Sewer services have been installed as follows : Norris, Winthrop Road; Kraetzer, Hancock Street. We are laying drainage pipe on the McNamara property on Curve Street this week. The work contemplated for the week ending May 17th is as follows : Waln#t Street extension, water and sewer services, etc. Engineering Department Highways Lines for curbing Sidewalks 111 Descriptions of separate parcels to be recorded at Registry. Perambulations. Boundaries of Waltham, Bedford, Woburn and Lincoln. 160 Miscellaneous r'x1 Checked boundaries of Wood property located at Clarke St. Started checking air survey contact prints. Staked out bondaries of triangle at "Five Forks ." Miscellaneous data for Vine Brook dr&inage report. Very truly yours, William S. Scsmman Supt. of Public Works . T#e Board discussed the situation at the Five Forks, and Mr. Custance repoa!ted that Mr. Charles H. Miller would give the land on his side to the Town provided they did a decent job on fixing the corner up, but he was not willing to make over the deed until he knew the work woqld be completed. Mr. Custance also called attention to the Five Forks . fact that owing to the sidewalk laid on the Whittemore property, Lincoln Street would have to be raided to the height of the State Road. He stated that he felt it would cost *1000 to fix up all of the corners after it was laid out. The meeting adjourned at 11 P.M. A true record, Attest Clerk I