HomeMy WebLinkAbout1930-12-30i
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SELECTMEN'S IEETIVG
DECE3:'BER 30, 1930.
A regular me -ting ofthe Board of ueiectmen was held
at the Selectmen's Boom, ciin Office Ulds-. at 7:30 P.M.
Messsrs. Burnhag, Custance, Sh-innon, Trask ,,t.,.? Blake were
,resent. The Supt. of ublic VEorks and the Clerk were
also present.
At 7:45 P.J. hey-Lring was declare61 open on the
application of -Lawrence A. Husted for permission to
erect a one car garage on his ;)remises at 36 Kendall Road.
dr. Husted was present and ;resented a plan shoeing
the 16cat_on of the garage and stated that it was a one
car metal garagd that he detired to build. He stated that
property he had nine fruit trees and he did not want to
remove them in order to build the garage. Therefore he
was placing the garage in the location that wus best
suited to avoid the trees.
Mr. IcElman stated th.gt he objected to the location
of the gar .ge in asmuch as it ,mould be ander the windows
of two of his rooms. He felt that there �;�as .considerable
space where Ir. Husted could. _gut the building rather than
elating it under his nose, j1e felt thet Ir. Husted would
have to remove some of hi. trees any way in order to
place the garage where he intended to.
NIr. Husted t -ted that if he )ut the garage beck
twenty feet that ivir. 'i:!Elman would look out o:� his
liv-ng ror.m and -iazza at the g.arae and he felt that
;,,lacing it back would i:;e �.ess objectiondble.
The Board decided to '_ook the )remises over before
deciding whether or not to grant the permit.
The Board vot^d to abate the highway betterment
tax against V ii_'.iam E. White on BertWe''l rid.. in the
amount of ,$748.31.
lir. Trask re'orted•having written a letter to
lir. F. L. Emery that thA County Commissioners did not
admit any liablilty in the cage of lArs. Henry A. Turner
when she tri -Ped over a stake that S-ra: placed on the
?property of the Old ?eo ale's Borne on U,.ss. Ave. and
therefore he did not believe that there was any
responsibility as far as the Town was concerned.
Abatements in the amount of 910.85 for the
Sewer Dept. and for the Vater De t. in the amount
of $337.44were� ignedi by the Board.
Abatements for the '!eater Dept. in the amount of
$518.57 and the Sewer 'Dept. in the amount of $361.64
were s2gned by the Board.
379
Husted
garage.
on his
Abatement.
Letter was received from E. A. Lord & Go. stating that
they had endorsed the boiler policy to cover the two
sectional boilers at the Franklin School on Allen St.
Turner
cane .
Abatement.
Letter was received from D. J. O'C+)nnell in which he
called attention to the guaranty on the John Stack property
on Grant Street and that the widow was endeavoring to have
,
the estate settled and asked him whether or not the town
would release the Stack estate from further liability on the
bond.
The Board had the information at hand from the
Water.
Water Dept. and forwarded the information to Mr. O''Connell
Guaranty,
informing him-that the Supt. .of Public Works gave a figure
J.Stack
of $150 to George H. Bruce, Administrator of the Stack
Estate to settle the gua-minty bond. The information was
also forwarddd to Nr. Bvuce.
Letter was received from Carl Hauck of Harbell
Reopertt g
Street asking if the Board would reopen a part of the Old
of Old
County Road off Cedar Street as a public highway.
C�{unty
Nothing was done about the matter.
Road.
.Letter was received from Mr. John C. Phelps
Acceptance
42 Percy Rd., Lexington, asking for the acceptance of
of
Fletcher Avenue. The form fdr the estimate of the cost
Fletcher
of construction of Fletcher Avenue was sent to Mr. Phelps.
Ave.
Letter was received from the Town Counsel in which
he stated M-. Owen, Attorney for the Ryders, declined to
inform the Court whether he would'answer or demur and
gave every indication of taking full advantage of any
further opportunities for delay. he did not state
'
definitely whetHter or not he intended to apply to the
Ryder
Supreme Court for a re-hearing. The Counsel suggested
case*
that the Board adopt a formal vote ratifying the action
of the Chairman in instructing him to proceed to file a
bill in Equity against C. W. Ryder and Ryder Stock Farm, Inc.
to enforce the order of prohibition of the Board of Health.
The Board voted to ratify the action of the Chairman under
date of 'pec. 1$, 1930, in.-instructing the Town Counsel to
proceed to file a bill in Equity against Charles W. Ryder
and Ryders Stock Farm Inc. to enforce the order of
prohibition of the Board of Health heretofore issued, a copy
of which is as follows:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT
Equity #
�\.
TOWN OF LEXTr•TGTON
J
v,
w
_.
j
CHARLES W. R=R, ET AL
BILL OF COPS".PLAINT
The Town of Lexington, a municipal corporation in
381
Middlesex County, plaintiff, brings this bill of complaint
' against Charles W. Ryder of Newton in the said County
and Ryder's Stock Farm, Inc., incorporated under the
laws of Massachusetts, anr' havin€r a usual placf> of
business in the said Lexington, defendants, and for
cause alleges as follows:
I. On April 30, 1929 the Board of Selectmen of
Lexington, acting as a Board of Health under sec.
143 of Chapter 111 of the General Laws, and of every
other power them thereto enabling, prohibited the
exercise of the trade or employment of keeping swine
upon the premises of the Ryder's Stock Farm Inc.and
Charles W. Ryder on Waltham Street, Lexington, lliassachusetts.
2. Thereafter, on May 8, 1929 the defendants filed
a petition for trial by jury under General Laws, Chapter
111, sec. 147 with respect to t:l:e said order of prohibition,
being ,71433 on the docket of this court. The said' trial
by jury was held, and on October 29, 1929 the jury
affirmed the order of prohibition against the petitioners
issued on April 30, 1929, which verdict was affirmed by
this court on the same day.
3. Thereafter the defendants as plaintiffs in the said
petition filed their bill of exceptions which was allowed by
the court April 8, 1930 and thereafter was duly entered in
and heard by the Supreme Judicial Court who issued a rescript
overruling the said exceptions.
4. The defendants, or one of the, in violation of the
said order of prohibition,are still exercising the trade
or employment of keeping swine upon the premises of the
Ryderts Stock Farm, Inc. and Charles W. Ryder on Waltham
Street, Lexington, Massachusetts.
WHEREFORE the plaintiff prays
(1) that the defendants be restrained Jay the
order and injunction of This Honorable Court, pending
the determination of this suit, from continuing to.azercise
the said trade or employment of keeping swine on the
premises of the Ryder's Stock_ Farm, Inc. and Charles W.
Ryder, or either of them, on Waltham Street, Lexington,
Massachusetts;
(2) that the defendants and each of them be
permanently enjoined by the order and iniunction of This
Honorable Court,. from continuinT to exercise the said
trade or'employment of keeping swine on the premises
of the Ryder's Stock Farm, Inc. and Charles W. Ryder,
or eitherof them, on Waltham Street, Lexington, Massachusetts.
(3) and for such other and further relief
as the nature of the case may require.
382
By its attorney,
S. R. Wrightington, Town Counsel
Commonwealth of Massachusetts
Middlesex, ss.
On this 18th day of December, 1930 personally
appeared Albert H. Burnhaxi, Chairman of the Board of
Selectmen of the sown of Lexington and made oath that the
allegations of fact contained in the foregoing bill of
complaint are true, before me,
John H. Kane
Notary Public.
Voted: That the Board of Selectmen hereby authorize
the Town Counsel to allow the Ryders Stock Fam Inc. and
Charles au. Ryder to continue keeping swine on the premises
owned by them on Waltham Street, Lexington, Mass. until
May 1, 1931, but on and after that date the pigs must be
removed from the premises.
Letter was received from W. H. Ballard in which he
stated that he would be.glad to assist the Board in
continuing negotiations with the Scott Tea Co. and with
the Boston & Maine Railroad.
Mr. Ballard alsostated that he would be glad to assist
the Town Counsel in the O'Connell matter unofficially,
and he felt that the experts informally employed by the
Town should be used in that case. He stated that he
would be willing to suggest a name for consideration to
serve as an expert.
The Board voted to azthorize William H. Ballard
to continue ne?otiations for future plans of the
BW re widening of Massachusetts Avenue in front of the
Scott Tea Co. property of the Scott Tea Company and also in front of
the Boston & Maine Railroad property.
Letter was received from Mr. S. R. Wrightington
enclosing bills for services in the Greenblott Case
and the Heaney case, in the amounts of $124.15 and $ 63.75
respectively. He also enclosed a check from D. J.
0►Connell for $35.40 endorsed to the Town for costs and
Bill for disbursements in the (lreenhlott case. He stated that in
Heaney & the Heaney case the offending structure has been removed,
Greenblott but there is a use of the building which violates
-Case. the Building_; Laws, and Mr. Tibbetts has been trying to
arrange to pursuade Mr. Heaney to abandon that use.
Public Bids on the plumbinr- at the Public Works Dept.
Works were received from Jospeh W. Buckley in the amount of
Dept. $480.50 and the Lex. Piu.mbi^g & Heating Co. Inc. in the
Bldg. amount of $420.
Plumbing The Supt. of Public Works recommended that the
Bids. rid be awarded to the Lexington Plumbing & Heating
f -o. and the Board so voted.
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The Board voted to give the Clerk blanket authority
Renewal of
to renew all insurance coming due during_ the year that
Ins.
are renewals.
of the State, and he stated
'
Mr. Trask reported a conference with Mr. Bedros
that if an amendment; calling
by the Board of Selectmen it
Bashian in regard to the settlement of damages for land
taken in connection with the relocation of Mass. Ove.
Bashian
He reported settlement with'Mr. Bashian for $400 and Mr.
land
Bashia- signed t_ -e necessary papers releasing the Town
dama?es.
from further dama?es.
regulations and they already
State Aid payroll in amount of $12. was signed
State
-the
by the Board.
Aid.
The petition of the E.E.I.Co. to set and remove one
E.E.I.Co.
pole on Vine St-eet at Woburn Street was granted by the
pole.
Board.
to the fact that.the Town of
Letter was received from the Town Counsel in regard
to the traffice regulations which were sent to him. He stated Traffic
that the automatic traffic light regulations were not an Regulations
amendment to the parking regulations which had been adopted
by the Board previously and they did "t provide a penalty.
Mr. T. A. Custance reported that
informed him that he had an accident
Marrett Road and Lincoln Street on a
and he requested that traffic lights
location.
The. Board decided to inform Dr.
would have a traffic count made.
17r. J. Odin Tiltion
at the corner of
stormy, icy night
be placed in that
Tilton that they
' Mr. Custance also reported that he had a conversation
with Miss Ellen Stone in regard to takirig her property
for school p:irposes. After considerable effort on his
part, she informed him that; if the Board would make an'
offer to her she would consider it. After viewing the
plan showing this property and considering the land
Coasting.
Request
for
traffic
lights.
' The Clerk had taken the
matter up with Mr. Halsey
of the Traffic -Signal Dept.,
of the State, and he stated
'
that if an amendment; calling
by the Board of Selectmen it
for a penalty was adopted
would have to be se t in to,
them for approval. He stated
that the reason thawas not
included in the regulations
adopted by the 3oaf;d-of Selectmen
was that tome Towns amend the
regulations and they already
have included a penalty.
The matter of coasting
on the streets in the Town
was discussed inasmuch as the Chairman called attention
to the fact that.the Town of
Arlington prohibited coasting
except on.certain streets and
provided a police officer
to protect the coasters.
The 3oard discussed the
matter and decided to sand
the entrance of the various
streets snch as the streets
entering onto Meriam Street
to protect the children from
coming onto the main hirchway
where there is considerable
traffic, but not to prohibit
coasting.
Mr. T. A. Custance reported that
informed him that he had an accident
Marrett Road and Lincoln Street on a
and he requested that traffic lights
location.
The. Board decided to inform Dr.
would have a traffic count made.
17r. J. Odin Tiltion
at the corner of
stormy, icy night
be placed in that
Tilton that they
' Mr. Custance also reported that he had a conversation
with Miss Ellen Stone in regard to takirig her property
for school p:irposes. After considerable effort on his
part, she informed him that; if the Board would make an'
offer to her she would consider it. After viewing the
plan showing this property and considering the land
Coasting.
Request
for
traffic
lights.
384
(2020001) to be taken, the Board decided to offer
Miss Stone" -1500 for this land, they to put up a .fence be-
tween her property and the School p,,operty.
Mr. George M. Ross, Chariman Aopropriation Committee,
camt.bPfore the Board and requested that they be given
at least the tentative estimates of the various departments
Estimates/so that they might begin to study the appropriations for
for 131. 1931.
The Board decided to consider the tentative estimates
at their meeting on Tuesday evening next.
Hearing was declared open at 8 o'clock P.M. on the
application of the Lexington Burial Park Association
for permission to establish a public cemetery on the
property known as the Lexin7ton Park Property. A joint
hearing of the Board of Health and the Board of Appeals
was held. The following members of the Board of Appeals
Public were present. Messrs. Maddison, Chain-rnan; Baldrey, Clerk;
Cemetery Slocum, Glynn and Custance.
Hearing. 'The Clerk of the hoard of Selectmen acting as a
Board of Health read the notice of the Board of Health
regarding this hearing. The Clerk of the Board of Appeals
read the notice of the Board of Appeals of the hearing.
The Chairman of the Board of Health then proceeded
to hear the evidence on behalf of the annlia?�tiO4 Mr. Ellsworth
in interest of the Lexington Burial Park Association,
stated that the Town woild not be asked to take this 1_2
acres of.land o.it of taxation inasmuch as they would be
willing to pay an assessment equal to 100-9 of the value
of the property. He stated th�it the intention of this
Association was to establish a park that would have on the
100 - 200 feet of frontage a park so that the entrance would
not look like the ordinary type of burying ground; that
it was their intention to establish also a mausoleum which
will look similar to a city block. He felt that the people
who own property adjacent would be benefitted by the
establishr-ent of a cemetery and It wo,zld increase the value
of their land. He felt that the cemetery would be a benefit
to the Town inasmuch as it would give employment to a number
of persons and the /.Association itself desired to have local
interests connected with it. The ma.a.solean intended to
be built would probably be a proposition of about 2509000
and it would draw people here from other cities.
Mr• Maddison inouired whether or not this Corporation
was incorporated at the present time, and he was informed
that it was not, also that they did not bwr_ any other .
cemetery.
Mr. Ellsworth stated that he was the prime mover in
establishing corporations of this kind, and that it was
for financial gain. The size of the mausoleum should be
able to take care of 1000-2000 cri3pts. One crypt is the
same as one internment. A building taking care of 1000
crypts would pr.dbably be about 150 feet long and 150 f@et
wide.
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Mr. Ellsworth stated that the application of Mr. Samuel
O'Connell had no connection whatever with his application.
' He stated that the whole pi-operty intended to be purchased
for the cemetery would coni;ain about 37 acres of land, 12
acres of which comes within tre limits of the Town of
Lexin-yton. There had been no hearin;-e on the land located
in Pedford, questioned as to what '*uarantee the
Town would have that they would be able to carry on, he
stated that tt the present time they have local people
who are interested'`in taking shares in this .proposition
and there never has been in the United States any
occasion where a cemetery o" this kind has failed. up.
Asked whether or not the people would prefer a private
burial ground to a Town burial ground, he suited that he
did not intend to solicit very much business from the Town
of Lexington, but he expected most of the burials would come
from out of Town except those who wished to use the mausoleum
or the crematory. Up to the present time they did Mot hive
any inform -tion from the Town of Bedford as to whether or
not a permit would be g --anted to them in that Town.
Mr. Ellsworth stated that if the permit were not
received from the Town o� Bedford there would probably
not be sufficient property for the burial p-Lrk. lie stated that
10%,of all income is sufficient to take care of,the ordinary
,maintenance of a cemetery. They would set asirle a sinking
fund which would be held in the local bank.
' Asked whether or not it was their intention to have
tomb stones, they stated that U)ere probably would be a'
minimum as to the size of the stone that might be used
and one side of the cemetery would be also set apart,
wherein nothin:, but markers would be used.- They have
formerly been interested in eemeteries.;in.Reading,
Pennsylvania, Pinegrove Cemetery in Waterbury, L'onn.
Highland Burial Park in Prov. R. I. and also one in
Milwaukee. The Atlantic National Bank is the present
owner of the property in question. The proposed capital
of the Association would be $100,000.
Mr. Walter F. Jones, Winter St., inquired whether
or not there 'would be any odor from the crematory,, and
he was informed that there woald not be. The crematory
would be in the base,ient of the mausoleum which would
be a stone building.
Mr. Frank A. Faulkner brought up the question as to
whether or not the water in this section would be polluted
by the establishment of a cemetery, inasmuch as most of
the people in the locality depend upon their wells.
The Board agreed to have the Engineer ng Depti
look up this matter to see whether'or not the drainage would
naturally flow from the Cemetery to contaminate the wells.
questioned as to whether or not the Shawsheen cemetery
had any connection with this cemetery, Mr. Raloh H. Marshall
informed the meetin that the Shawsheen cemetery was a
Town cemetery.
Mr. Faulkner stated that Vie, was spea',�ing for many
other resi,'ents of that section as they were not able
to speak for 'themselves and therewere a crreat many present,
and they honed that the Board would not grant the petition.
There are not two cemeteries in that location and the
386
establishment of a new cemetery would spoil the land for ,
building purposes. The people in th t vicinity hoped to
continue to live there.
Mrs. Annie L. Donovan of Somerville, stated that she
owned some land there and she intended to build, but if
another cemetery is established she might not consider
it worth while to build'.inasmuch as she did not care to
look out and see a hearse near her every day. Her
property is located on Hazel Road.
Mr. Norman D. MacIntyre of Somerville stated that he
had bought some land four years ago and intlanded some day
to build and make his dome in Lexington,,but he felt
that the establishment of a cemetery would keep him from
doing so.
Mr. Atherton of Somerville stgted that he had two or
three lots of land facing Bedford Street and he had
planned:to build two or three houses, and he felt, like a
lot of other people there, that a cemetery would
not iaTzrove conditions. There were only three lots
between his and the Lexington Park. He asked whether or
not the property was taxable and he was informed that
legally it was not taxable, Ile therefore stated that he
could not sea where the Town would proi'it.
Mr. Faulkner,felt that the people now living there
would be forced out if there were too marry cemeteries '
placed in the locality.
Mr. Ellsworth felt that two cemeteries now located
as they,afe, that it would not effect the homes inasmuch as
this new cemetery,contemplated would take the territory
between the two cemeteries.now existing.
Mr. Maddison inquired of Mr. Atherton the value of the
house he intended to build. fir. Atherton stated that he did
not believe very much of a house could be built for $5000.
Mrs. Louise & Annie DeVitto, Everett, objected to the
establishment:of a cemetery. ,
Mr'. Harold G. Wright, James St., Lexington, stated that
he owned five or six acres of land op�osite the property
in question and he would not like to' see a cemetery located
there..
Mr. Warren S. Griswold, 479 Linden St., Malden,stated that
he still had some lots in his development which had not been
sold and he objected.
Da. A. Pfeiffer of Lexington, and New York registered
his objection inasmuch as h� owned property in th-tt vicinity.
`1'he objectors registered their names as follows;
Norman D. MacIntyre, 54 Marshall St., Somerville,
John V. Roma; •11 Glenwood .Rd. Somerville.
Ma -trice J. Fc Catherine 1". O'Connor, 22 White St. Somerville.
Frank A. Faulkner, Winter St., Lexington.
Harold G. Wright, James St., Lexington.
h�nerson Ernst, 90 Pe,irl St., Somerville.
Evelyn LiT. Maxwell, 73 Grant St., lyialden
Noble C. Wentzell, 19 Jacques St. So-,erville.
Mr. Edward Wood and Mr. Georgie Ii. Gibson, Cemetery Com-
38
missioners were present. Mr. ',Hood stated, on behalf of the
Cemetery Commislioners, that they were opposed to a location
of a cemetery at the present time as they felt it would
be a detriment to the Westview Cemet^ry.
Hearin7 was declared open on the application of Samuel
O'Connell, 50 Peter, oro St. , F3oston for permission to establish
a public cemetery on the property knpwn as the Lexington
S. O'Con-
Parr property. The Clerk of t:he Board of Select,.en, acting
nell app -
as 4 Board bf Health, read the notice of the hearing.. The
lication
Clek of the ?bard of Anpeals read th-- no', -,ice of the Board
for
of _ZDeals hearing; the h-aring was held jointly.
ceme-
tery.
Mr. O'Connell did not a_oDear, nor did anyone a7oear on
his behalf.
The persons who objected to t _e establishment of a
cemetery for the LexinfTton Burial Pa -7k Assoc. also objected
to the establishmentof a cemetery by Sa_nuel C'Connell,
and registered the same objections.
The hearinr� was declared closed.
The Board of Appeals and Board of Health discussed the
applications jointly. They considere? t=,at the objection
with the exception of the objection from Mr. Wright, came
from people who were non-residents of the Town and who owned
small lots of land and most o` them have not even built
upon t_e lots. At the present stage of development of this
territory it has not proved very beriefic-i_al to the 'down and
any further development would probably be of the same nature.
The Board of Health agreed to secure the information
relative to the drain --ire of this section in connection with
its:''detriment to the wells used by the people already
in tt e locality, and the. Board of Appeals decided to hold
a hearing January 23, 1931 after viewing the premises in
the meantime, to duscuss the matter in connection with
mak�tg a decision on the ap--)lications.
The following is.the weekly report of the Supt. of
Public Works.
For the week ending January 3, 1931.
HIGHWAY DEPARTT"FNT
The entire department was occuoied with snow removal
and sanding streets.
Next week the regular maintenance work will be attended
to unless it will be necessary to remove snow.
MOTH a, SH DE TRhE DEPT.
Gypsy moth nests were treated with creosote and work
done at the new quarters. I
.
Next week the work of treatinr moth nests will be
continued.
PARK DEPARTMENT
ReguAar maintenance work attended to and will be
looped after next week.
WATER & SEP'dER DEPART?K,ETdT
Water Maintenance
Five men have been shovelling snow from hydrants.
Moved stock from old shop to new Public Works Bldg.
Water Construction
We have laid 300 feet of 10" pipe in Wood Street.
The work conteraplated for the week ending January
17th is as follows: Wood Street, water and sewer services,ete.
ENGINEERING DEPARTMENT
Highways
Staked out Wood Street line at Syer property:
S.aked out proposed Mass. Avenue lots at Gavin -Kane
properties.
Staked out Hill Street lines near Cedar Street.
Made borings on Lincoln Street proposed lines,
Drainage
Continued plotting of Mien Brook survey from Hayes
Lane to North Street.
Sewers
Mapped out.1930 sewer construction work for appoint-
ment with Metropolitan District Oommittee, January 5th.
Miscellaneous
Made street and lotting study adjacent to Burrill
and Dix Lumber Company properties.
Statted work on 1930 Town Repo -t.
Indexed plans for office record.
Yours very truly,
William S. Scamman
, Supt. of.Public Works.
The meeting adjourned at 11:15 P.M.
A true record, Attest:
Clerk.
For the week ending Dec. 27, 1930.
Highway Department
The department has been obliged to Pi ve the greater
part of its time to the removal of snow, although the
necessary maintenance work was attended to.
Next week the regular maintenance will be looked
after as well as any snow removal.
MOTH R-. SHADE TREE DEPT,
Gypsy moth nests treated with creosote and equip-
ment moved to new quarters in the Public Works Building.
Next week the department will be occu7A ed with the
regular moth work.
PARK P.EPART',.I,'NT
The regular maintenance work was attended to and
will be carried on next week.
WAT '?? AN'j SF-XF.R DEPARTT"ENT
Water Maintenance
P?ovin stock to 'ublic Works Building. Two men
working for the Highway Department on Hill Street with
compressor.
Water Construction
We have laid a total of 6113 feet of 8" and 10"
pipe in Wood Street to date.
The work contemplated for the week ending Jan. 10th
1931 is as follows: Wood Street, water kc sewer services,
etc.
ENGINEERI"?r DEPART''r;NT
Highways.
Check survey of Grant Street.
Drainage
Survey for location of Vine Brook from Hayes Lane
to beyond North Street.
' Survey and levels for Park Department closed drain
from Clarke Street westerly to playgro nd road.
Park Departrient
Survey for additicnal taking at Hamblin property.
MIS CELLANEOUS
Study of Mass. Avenue layout adjacent to Kane and '
Gavin properties.
Study for layout over and adjacent to Barnes property
(near Follen Church.)
One man (entire week) on water construction work
at Wood Street.
Yours very truly,
William S. Scamman
Supt. of Public Works.
A
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