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HomeMy WebLinkAbout1934-10-30 160 SELECTMEN 'S MEETING OCTOBER 30, 1934. A regular meeting of the Board of Selectmen was held in the Town Office Building, Selectmen 's Room, at 7:30 P,M Messrs. Trask, Gilcreast, Ferguson, O'Connell and Lyons were present. The Clerk was also present. The Chairman reported that request had been made by Henry Raymond that he be appointed as a Special Police Qf- Special ficer of the Town. Police. The Board did not feel that there was any necessity of making this appointment and decided to so notify Mr. Ray- mond. License. It was voted to transfer the Pool Room License of Clarence Fiske from 1764 Mass . Avenue to 18 Depot Square. It was voted to send notice to the Dept of Corpora- Audit. tions and Taxation that the Board desired to have an audit made of the 1934 accounts in accordance with the vote of the Town. It was voted to grant the use of Cary Memorial Hall for Cary Hall. the Firemen's Benefit Association dance on November 23, 1934, free of charge. Invitation was received from the Lieutenant Norman Prince Post, 1506, Veterans of Foreign Wars, to participate in the exercises and parade on the Boston Common on Novem- ber 11th, the purpose of the program being to direct a Invitation. forceful rebuke to the radicals who by insidious propagan- da are attempting to undermine the principals of our Gov- ernment and to impress the youth of the State with their concious duty andlove for their country. They requested also that the invitation be extended to all school child- ren of Lexington. The Board voted to request the Chairman to reply to the letter. Letter was received from the Town Counsel in refer- ence to the Board' s request to -Inform them whether or not they could insert an article in the warrant for a Town Wheaton Meeting to reimburse Edward G. Wheaton, 1145 Mass . Avenue Refund. the sum of X196.76, in which the Town Counsel stated that Mr. Wheaton had the ri_ht of appeal from the over-assess- ment and inasmuch as he did not take advantage of it, he saw now no way that he could be reimbursed. It was decided to inform Mr. Wheaton of the information furnished by the Town Counsel. 161 The decision of the Board of pp APpeals on the applica- Moretti p tion of Pasquale Moretti was received •b the Board. Case . Water rate committment in the amount of 04717.38 was Commitment. signed by the Board. The Board decided to write a letter to the Water and Stwer Department informing them that the sewer assessment on the property of Guiseppe Chiuccariello which the Town Chiuccar- voted to purchase on October 29th, estimated to be approxi- iello mately $160. should be abated. Property. It was also voted to request the Board of Assessors to abate the tax on this property of 19.90 owing to the fact that the Town voted to purchase the property at the Town Meeting on October 29th. It was voted to send letters to all low bidders on the demolishing of the stardpipe that the Town voted not to Standpipe. demolish the standpipe and therefor the Board could not take any action on the award of the bids and return the $500. checks deposited with the bids . Request was received from the Sealer of Weights and Measures that he have .$25. additional for his Department Appropria- for the expense of obtaining receipts for his Department. tion. The Board voted to request the appropriation Commit- tee for a transfer of this sum from tne Reserve Fund. Information was received from the Supt. of Public Works relative to the stai_dp pe account, the same to be Standpipe. handed to the P.W.A. authorities u )on their request. Supt. of Public Works was instructed to install street Street- lights as authorized by the Town Meeting In Haskell St. lights. and Fair Oaks Drive . Letter was received from the Supt. of the Water and Sewer Dept. in which he recommended the following regula- tions for the Water Dept; 1. A service charge of $10. to he made for the convenience of o'^tairling water from Water the hydrant. Dept. Regula- 2. A deposit of $15. to be required on the tions. meter which will be refunded upon return of the meter. 3. A deposit of $15. to be required to guar- antee payment of the w=ater to be used. The Board discussed the matter and it was felt that the 162 cri charge of $10. for the convenience of obtaining water from the hydrant was an excessive charge and voted to make the charge $5. for the convenience of obtaing water from the hydrant, $15. for deposit on the meter to be refunded upon return of the meter and x;15. to guarantee payment of the water to be used and the Chairman was requested to draw up a new Regulation for the Water and Sewer Department cover- ing the Board's vote. Letter was received from Deputy Chief of Police Rycroft in which he informed the Board in regard to the commendable police work done by Officers Knapp and Lima on October 26th when they surprised one Lawrence Falzarano attempting to Police break and enter the Socony Gasoline station at the corner of Officers . Marrett Road and Waltham Street and also arresting William Bonfaglio and Amadio DeLucca who were parked in a truck 350 feet away from the gasoline station, all men having police and iail records . He felt that the Board should take re- cognition of the work of the officers. It was voted to have the Chairman write a letter of recommendation. Hearing was declared open on the application of John L. Pichette, Maurice P. Ahern and Bertha V. Pichette of 48 Broadway, Arlington, for permission to locate a super Pichette service station to be erected and maintained at 847-855-865 & Ahern Mass . Avenue and to ?reep, store and sell petroleum products Hearing. in the capacity of 3000 gallons with tanks . The Hearing was a joint meeting with the Board of Ap- peals. The Chairman of the Selectmen called the meeting to order and the Clerk, of the Board of Anpeals, Howard W. Robbins, read the notice of the Board of Anpeals as adver- tised in the Lexington Minute-Man. Mr. Maurice P. Ahern and John L. Pichette were present and Mr. Ahern stated that for a number of years past they have had a permit to operate 'a repair shop and about three and a half years ago they applied for a permit to erect a building to sell gasoline on the premises and at that time had a ninety foot frontage on Mass. Avenue, and the permit was granted with a two year time clause. Because of the conditions they did not take advantage of the permit and he realized that they had no rights under the permit at the present time. However, they were coming tonight because while they only had ninety feet up to that time, they now have rights in an additional 60 feet up to the corner of Curve Street. He stated that Mr. Field has operated the repair shop and that it was common knowledge because of the smallness of the building that he cannot test brakes or lights on automobiles . He has no greasing lift for automo- biles and they feel that they are entitled to do more and they know that he is capable of doing it if he had a place to which the people of the Town and his friends could come to 163 He called attention to the fact that when they built the stores on Mass. Avenue near the corner of Independence Ave. they went before the Planning Board and they voluntarily agreed to set the stores back ten feet allowing for the widening of Independence Avenue at a future date and to deed the land to the town for the widening. At that time, the Board thought it was not necessary and they would also now be glad to cooperate with the town to give •#she land at the corner of Curve Street. ' Mr. Pichette stated that they had an option on the property at the corner of Curve Street and this was the same property where application for a filling station had been made a while ago. Mr. Maddison called attention to the fact that as he remembered it, the permit granted previously to Pichette and Ahern gave permission to sell gasoline in a restricted form, and Mr. Ahern agreed that this was the manner in which the permit was given, that it was not a public filling sta- tion. Mr. Pichette presented a prospectus of the building and stated that the two houses now on the land would be removed by being torn down. The lots on which the proposed station would be erected are 150 feet deep, the corner lot has 66 feet frontage. One part of the building proposed to be erected would be about 41 feet and the rest 66 feet. Mr. Pichette also presented a blue print of the layout of the property and that Arthur Field would operate the garage. Mr. Arthur Field and his wife were also present and Mr. Field stated that he _ntended to carry on the same work that he is now doing and would then be able to do brake and light work. The Chairman inquired of Mr. Field how many cars went in and out of 1gis garage at the present time a day, and he stated that the cars use the driveway probably forty to fifty times a day. No persons appeared in opposition. They desired to have three gasoline pumps which would be located twenty feet from the street line in accordance with the Zoning Law. Mr. Pichette explained that dL the present time he did not intend to build all of the ninety feet of the building as sh.own_ in the prospectus . The hearing was taken under advisement and the Board of Appeals adjourned to discuss the matter. Letter was received from the Supt. of Public Works in which he gave prices on the Fordson sidewalk tractor plow and two McCormick-Deering tractor plows, one a light weight and one a heavy weight. The price of the Fordson was 91600, the light weight McCormick.-Deering $1250. and the heavy McCormick-Deering, ',1714. He recommer9ed the pur- chase of the heavy McCormick-Deering which weighed 5100 pounds and was furnished with pneumatic tires and electric lights at a price of $1714. The Board voted to purchase the McCormick-Deering tract- 164 co CD or at the price of $1714. as recommended by the Supt. of Public Works, two `birds to be charged to the snow removal account and one-third to be charged to the Highway account, inasmuch as it will be used for the removal of snow more than for any other purpose. Supt. of Public Works stated that they hai7e the five ton McCormick-Deering tractor which has been in use for ten or twelve years . He presented pictures showing the snow plow tractor �n use and stated that he had never found at any time any snow drift that the five ton McCormick-Deering tractor could not go through. The tractor is made by the International Harvester Co. and sold to the Dyar Sales Ma- chinery Co. Notice of vocational school training of Franklin Vocation- Balduf and Lloyd Crimi at the Waltham Trade School and al - Margaret Cogswell at the Trade School for Girls, Boston Schools. were received. Letter was received from the State Dept. of Health in which they stthat there was a new toxoid which would Toxoid. probably replace the immunization for diphtheria and they recommended the use of the toxin-antitoxin on all children under ten years of age. The Chairman called attention to the fact that the tele- pone bills for the Water and Sewer Dept. and the Highway Telephone Dept. were charged to the Public Works Building Operation Bills . account and that they should not be charged to this account, and after discussing the matter the Board voted to charge t_,e bills to the individual departments retroactive to Jan- uary 1st, 1934. The Chairman also called attention to the fact that Mr. Barry the mechanic at the Public Works Dept. budding, need- ed some assistance from now until the end of the year and Mechanic. he had tried but different mechanics and found that James Cassella was the best mechanic that he tried out . The Chairman stated that James Cassella was on the E.R.A. for two days a week and he recommended that he be given three days per week at the Public Works Building at $.50 an hour, and the Board so voted. The Board considered the bettermen s derived by the in- stallation of a sewer in Taft Avenue, from Mass . Avenue to Daniels Street, so called, a distance of approximately 890 feet, and have determined that the benefit or advantage to the abutting land within the area to be in the amount of $017813 per square foot and that it shall be assessed pro- portionately as follows; Taft Avenue No. Lot No. No.Sq.Ft. Assessment 11097 Harry E. Johnson 655 Mass . Ave. , Arl. 2 8240 $146.78 165 II No. Name Lot No. No.Sq .Ft. Assessment 3 8790 1098 Harry E.Johnson 1 655 Mass. Ave. Arl. x.156.58 1099 ti ti tt II 4 8790 156.58 1100 " " tt tt 5 8790 156.58 1101 " " ti it 6 8790 156.58 1102 " " ft ti 39 8310 148.03 1103 " " " it 40 8520 151.77 1104 " tt ti it 42 9360 166.73 The Board considered the betterments derived by the in- stallation of a sewer in Cherry Street, from Taft Avenue so called, in a northerly direction a distance of ap'Throximately 180 feet, and have determined that tre benefit or advantage to the abutting land within the area to be in the amount of $017813 per square foot and that it shall be assessed propor- tionately as follows: Cherry Street No. Name Lot.No. No.Sq.Ft. Assessment 1105 Harry E. Johiison 41 1100 5197.19 1106 It tt " 43 9370 166.91 The Board considered the betterments derived by the in- stallation of a sewer in Tarbell Avenue, from Taft Avenue, II so called, a distance of approximately 100 feet, and have determined that the benefit or advantage to the abutting land within the area to be in the amount of $.03886 per square foot and that it shall be assessed proportionately as follows: See: Page 166. Blake Road and Simonds Road No. Name Lot No. No.Sq.Ft. Assessment 77— Lexington frust Co. Lots 20,21, 80 572.00 Bl. 12 Lex. Build. Trust 23 Helen E. Linegar Lots 18,19, 60 54.00 & Margaret J. Bl. 12, Lex. Preble Build. Trust 24 Bay State Build. Lots 15, 16,17, 80 54.00 Sup. Co. Bl. 12, Lex. Build. Trust 25 Lexington Trust Lots 18, Bi. 140 126.00 Co. 25, Lex. Build. Trust. 26 Lexington Trust Lots 24,25, 26, 115.94 104.45 Co. 27, Bl. 12 Lex.Build Trust. 27 Lexington Trust Lots 2,3,4, 5, 135.00 121.50 1 Co. pt.6,B1. 24A, Lex.Build Tr. 166 al CIDC) The Board of Selectmen considered the betterments de- rived by the installation of water mains in Blake Road from Simonds Road in a southeasterly direction a distance of ap- proximately 350 feet and in Simonds Road from the present end in an easterly direction a distance of approximately 150 feet, and determined that the benefit or advantage to the abutting land within the area to be in the amount of v.90 per front foot and that it shall be assessed proportion- ately as follows: -See: P.166 Tarbell Avenue No. Name Lot No. No.Sq.Ft. Assessment 17167- Charles E. & Ger- 129 3500 $136.00 trude C. OrBrien 295 Tremont St. , Newton 1108 Elizabeth Doucet 130,131 4950 192.36 10 Rice Ave, , 1109 Annie J. Wright, 203,204 4800 186.53 et al 16 Tarbell Ave. The Board considered the betterments derived by the in- stallation of a sewer in Taft Avenue from Charles Street a distance of approximately 100 feet, and have determined that the benefit or advantage to the abutting land within the area to be in the amount of $.03886 per square foot and that it shall be assessed proportionately as follows: Taft Avenue No. Name Lot No. No.Sq.Ft. Assessment 1110 Jessie F. Miley 205 2800 5108.81 85 Taft Ave. The Board of Selectmen considered the betterments de- rived by the installation of water mains in Winter Street, from Bedford Street a distance of approximately 1050 feet, and determined that the benefit or advantage to the abut- ting land within the area to be in the amount of $.90 per front foot and that it shall be assessed proportionately as follows: Winter Street No. Name Lot No. No.Sq.Ft. Assessment 28 Eva Phones Winter St. 192.8 5174.00 29 Walter Ellis & r' " 97.65 88.00 Catherine Jones 30 G. 0. Anderson & " it 395.0 356.00 Sons, Inc. The Board of Selectmen considered the betterments derived by the installation of water mains in Hillcrest Avenue, from Fottler Avenue a distance of approximately 1000 fe t, and determined that the benefit or advantage to the abutting 167 II land within the area to be in the amount of $.90 per front foot and that it shall be assessed proportionately as fol- lows: Hillcrest Avenue No. Nape Lot No. No.Sq.Ft. Assessment 31 Charles A. Price Lots 156, 157,158 125.0 .4112.50 159, 160 32 Kastantye & Lots 161,162, 163 150.0 135.00 Louise Antone- 164,165,166 vich 33 Donnino & Aure- Lots 183, 184 50.0 45.00 lia Rancati 34 Louis C. Alice Lots 185,186, 50.75 45.00 E.Mariette 35 Benjamin T. Lots 187,188,189, 115.49 103.94 Oxley 190 36 Albert J. Egan Lots 261,262,263 101.96 91.76 264 37 Nicholas & Lots 291, 292,293 150:00 135.00 Alice F. Fak- 294,295,296, kell 38 Mary LaPieere Lots 268,289, 290 75.00 67.50 39 Anthony Kasman- Lots 278, 279, 280 125.00 112.50 II skis 281,28,'„ 40 Frederick & Lots 265,266,267 200.18 180.16 Bessie M. Mc- 268,269,270, Millen 271,272 41 Casim9ro & Ital- Lots 251, 252,253 207.22 186.50 is Bertini 42 Pasquale Moretti Lots 254,255 50.0 45.00 43 Joseph D. Bren- Lots 273,274,275 125.94 113.35 nick 276,277 The Board of Selectmen considered the betterments de- rived by the installation of water mains in Cherry Street, from Taft Avenue in a northerly direction approximately 180 feet, and determined that the benefit or advantage to the abutting land within the area to be in the amount of $.90 per front foot and that it shall be assessed proportion- ately as follows: Cherry Street No. Name Lot No. No.Sq.Ft. Assessment 44 Harry E. Johnson Lot 43 100.5 490.45 45 " " n " 40 99.0 89.10 46 n n n " 41 100.3 90.27 I The Board of Selectmen considered the betterments de- rived by the installation of water mains in Taft Avenue from Mass. Avenue to Daniels Street a distance of approx- 168 c71 CA rl imately 890 feet, and determined that the benefit or advan- I ta :e to the abutting land within the area to be in the a- mount of $.90 per front foot and that it shall be assessed proportionately as follows: Taft Avenue No. Names Lot No. No.Sq.Ft. Assessment 47 Harry . Johnson 2 90.0 §81.00 48 it It It 3 75.0 67.50 49 It It It 4 75.0 67.50 50 It It It 5 75.0 67.50 51 tt It H 6 75.0 67.50 52 tt tt It 39 84.0 75.60 53 tt It It 42 105.02 94.52 The Board signed the following orders of taking by em- inent domain for water purposes, the same to be filed at the Registry of Deeds: ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main. CHASE AVENUE (From Bennett Avenue westerly, a distance of approximately 200 feet ) II WHEREAS, at a meeting* duly called and held on October 29, 1934, the town meeting of Lexington, pursuant to an article in the warrant unanimous vote the following vote and made an appropriation therefore Voted that the Board of Selectmen be authorized to in- stall water mains, not less than six inches in diameter and subject to the assessment of betterments and to take by em- i nent domain the necessary easement therefor in the follow- ing unaccepted streets: Chase Avenue from Bennett Avenue westerly, a distance of approximately 200 feet. AND WHEREAS, the richt of way and easement hereinafter described and taken are necessary for the establit_hment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, aeting as a Board of Water and Sewer Commission- ers, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of takin by eminent domain, for the said public im- provement for the purpose of constructing and maintaining a water main in Chase Avenue from Bennett Avenue westerly, a distance of approximately 200 feet as aforesaid, the follow- ing easement, namely: IIThe right to enter upon the land shown as Chase Avenue 169 on a plan entitled, "Plan of Proposed Water Main in Chase Avenue, Lexington, Mass. , Scale; 1 in. - 40 ft. , Sept. 25, 1934, Albert A. Ross, Supt. , ;dater Dept. " and owned by Clarence H. & Mary E Macintosh, Bessie D. Ducey, John L. Thompson, Patrick J. & Alice B. Neary, and construct therein a line of water main with all necessary connections, shut-offs and appurtenances substantially as shown on a plan 1 of Albert A. Ross, Supt. , Water Department, Dated Sept. 25, 1934, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the 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 initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, ( the said town being always bound to see that the ground 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 t me of entry) . Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws . The area which it s expected will receive advantages I other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Albert A. Ross, Supt. , Water Department, above referred II to, which are designated in the schedule hereto annexed and made a part Hereof. We estimate the betterments that would be assessed upon each such parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and a::signs, to its and their own the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexin. ton aforesaid have here- unto subscribed your names this thirtieth day of October, 1934. Robert P. Trask SELECTMEN Charles E. Ferguson John E. Gilcreast OF Daniel J. O'Connell John A. Lyons LEXINGTON Commonwealth of Massachusetts Middlesex, ss. October 30, 1934. Then personally appeared the above named Robert P. Trask, John E. Gilcreast, Charles E. Ferguson, Daniel J. 0' Connell and John A. Lyon:, and severally acknowledged the fore- 170 En cin CI; going instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Select- men of the Town of Lexington, before me, William S. Seaman Notary Public. SCHEDULE OF ESTTMATED BETTERMENTS RE- FERRED TO IN THE FOREGOING ORDER. CHASE AVENUE (From Bennett Avenue westerly, a distance of approximately 200 feet) . Owner as of April 1st, 1934. Lot. No. Assessment. Clarence H. & Mary E. Macintosh 239,240,241 $ 81.00 Bessie D. Ducey 242,243 53.10 Jo#n L. Thompson 244,245, 108.00 Patrick J. & Alice B. Neary 248,249 54.00 ORDER OF TAKING. By the Town of Lexington of Easement for the Construction of a Water Main. PINEKNOLL ROAD. (From the present end northerly a distance of approximately 100 feet) . WHEREAS, at a meeting duly called andheld on October 29, 1934, the town meeting of Lexington, pursuant to an article in the warrant of the meeting_ for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: Voted that the Board of Selectmen be authorized to in- stall water mains , not less than six inches in diameter and subject to the assessment of betterments and to take by em- inent domain the necessary easement therefor in the follow- ing unaccepted streets: Pineknoll Road from the present end northerly a distance of approximately 100 feet. AND WHEREAS, the right of way and eauement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, TIiEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer. Commissioners, for and in behalf of the said town, by virtue of the author- ity conferred upon them by the foregoin' vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for 171 I the purpose of constructing and maintaining a water main in Pineknoll Road from the present end northerly a distance of approximately 100 feet as aforesaid, the following easement, namely: -he right to enter upon the land shown as Pineknoll Road, plan entitled, "Plan of Proposed Water Main in Pine- knoll Road, Lexington, Mass . , Scale 1 in. - 40 ft. , June 20, 1933, Albert A. Ross, Supt. , Water Dent. " and owned by Eugene Hamilton, and construct therein a line of water main with all necessary connections, shut-off and appurtenances substantially as shown on a plan of Albert A. Ross, Supt., Water Department, dated June 20, 1933, to be recorded here- with. The easement covered by this taking included the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within aid way as may be reasonably necessary for the purpose of initially con- structing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always hound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in assmooth and good condition as at the time of entry) . Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 0l the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Albert A. Ross, ' upt. , Water Department , above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each such pardel of land to be as shown in the said schedule . We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent acts, in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersig=ned beinga majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this thirtieth day of October, 1934. Robert P. Trask SELECT? N __ Charles E. Ferp-uson John 1'. Gilcreast OF Daniel J. O 'Connell John A. Lyons LEXINGTON 111 Commonwealth of Massachusetts Middlesex, ss. October 30, 1934. I . 172 CD Then personally appeared the above named Robert P. Trask, John E. Gilereast, Charles E. Ferguson, Daniel J. O'Connell and John A. Lyons and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, William S. Scamman Notary Public. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. PtNEKNOLL ROAD (From the present end northerly a distance of approximately 100 feet) . Owner as of April let, 1934. Lot No. Assessment Eugene Hamilton J $117.00 The Board signed the following orders of taking by em- inent domain for sewer purposes, the same to be filed at the Registry of Deeds: ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED. PLYMOUTH ROAD. (From Robbins Road in an easter direction a distance of approximately 75 ft) . WHEREAS, by Chapter 504 of the Acts of the year 1897, entitled, "An Act to authorize the Town of Lexington to con- struct a system of sewerage, " the same being hereinafter re- ferred 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 other- wise any lands, rights of way and easements in said Town nec- essary for the establishment therein of a system of sewerage or sewage disposal or for any of the purposes mentioned in Sectionl of said Act, and WHEREAS said Town of Lexington duly accepted said Act in the manner proveded 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 173 Sewer Commissioners elected under the provisions of said Act I (Chapter 504 of 1897 ) were consolidated in one Board to be 11 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 1 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, Robert P. Trask, John E. Gilcreast, Charles E. Ferguson, Daniel J. O'Connell and John A Lyons, citizens and residents of said Town, gave been duly elected qualified and acting Board of Selectmen pursuant to law and the provi- sions of the Acts hereinbefore referred to, and WHEREAS said Town by vote passed at a town meeting held on the 10th day of February 1915 authorized and requested said Board of Water and Sewer Commissioners (hereinafter re- ferred to simply as "the Board" ) to proceed under the provi- sions of skid Act as amended by Chapter 322 o_. the Acts of the year 1913 and the acts referred to in the first section thereof, to lay out, construct, maintain and operate k sew- erage system; and said Board has, conformably to law and pursuant to said vote, laid out suchsystem and is about to construct the same; and WHEREAS the Town has on the 29th day of October, 1934, "Voted that the Board of Selectmen re authorized to install water main , not less than six inches in diameter and sub- ject to the assessment of betterments and to take by eminent domain the necessary easement therefor in the followin unac- cepted streets; Plymouth Road, from Robbins Road, in an easterly directior a distance of approximately 75 feet", and WHEREAS, the system, as so laid out, required the con- struction of a sewer in the location nereinafter described, the same to be maintained and used as pyirt 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", viz: In Plymouth Road, from Robbins Road in an easterly direction a distance of ap roimately75 feet. For further description of the line of location see plan by the Town Engineer dated October 2nd, 1934, herein- after 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 sewage disposal and for the purpose of providing better drainage as authorized by said Act; Now then, said Board, actin. 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 ease- 174 ment, viz: A right of way and easement in and through the land through which the line of location runs in private land for a sewer, including manholes and appurtenances, said sewer to be laid and maintained in the ground in substantial ac- cordance with said line of location. The easement 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 pur- pose of operating, inspecting and repairing the same from time to time thereafter; said Town being always 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 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 lo- cation Betterments will be assessed for this improvement in accordance w th the provisions of Chapter 221 of the Acts of 1926. A plan made by John T. Cosgrove, Town Engineer, dated October 2, 1934, entitled, "Plan of Proposed Sewer in Robbins and Plymouth Rouad. , Lexington, Lass . , Scale 1 in. - 40 ft. , October 2, 1934, John T. Cosgrove, Town Engineer", is hereby referred to and made a art 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 advantage other than the general advantage to the community from such improvement is described as follows: The same being lands of James R. Smith. The said area comrrises 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 shown in the schedule which is hereto annexed and made a part hereof. We determine that no damages have been sustained and none ars-' 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 behood forever, agreeably to the provisions of said Chapter 504 of the Acts of the year 1897 and any and all pertinent acts in amendment thereof or supplementalthereto. 175 IN WITNESS WHEREOF the said Robert P. Trask, John E. Gilcreast, Chalres Ferguson, Daniel J. O'Connell and John A. Lyons of the Board of 'Ielectmen aforesaid, have here- unto subscribed their names this 30th day of October, A.D. 1934. Robert P. Trask BOARD Charles E. Ferguson Daniel J. O'Connell OF John E. Gilcreast John A. Lyons SELECTMEN COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, October 30, 1935 Then perscmally appeared the above named Robert P. Trask, John E. Glicreast, Charles E. Ferguson, Daniel J. O'Connell and John A. Lyons, and severally acknowledged the foregoing instrument and statement by them subscribed to be their tree act and deed of the Board of Water and Sewer Commissioners of the Town of Lexinr"ton, before me, William S. Scamman Notary Public. A true copy of the record, Attest: Clerk, Board of Selectmen SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN TUE FOREGOING ORDER. PLYMOUTH ROAD (From Robbins Road in an easterly direction a distance of approximately 75 feet) . Owner as of April 1st, 1934. Lot No. Assessment James R. Smith Previously Assessed. 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 (From Plymouth Road in a southeasterly dir- ection a distance of approximately 105 ft. ) WHEREAS, by C apter 504 of the Acts of the year 1897, entitled, "An Act to authorize the Town of Lexington to con- 176 C, CD struct 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 of a system of sewerage or sewage disposal or for any of the purposes men- tioned in Section 1 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 siad Town and the Board of Sewer Commissioners elected under the provisions of siad Act (Chapter 504 of 1897 ) were consolidated in one Board to be called the Board of Water and Sewer Commission- ers, with the provision that all the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Ecard of Water and Sewer Commissioners; and WHEREAS, by Chapter 1 of the Acts of the year 1922, which aas 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, Robert P. Trask, John E. Gilcreast, Charles E. Ferguson, Daniel J. O'Connell and John A. Lyons, citizens and residents of said Town, have been duly qualified and are now the duly elected qualified and acting Board of Select- men pursuant to law and the provisions of the Acts herein- before referred to, and WHEREAS said Town by vote passed at a town meeting held on the 10th day of February 1915 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 there- of, to lay out, construct, maintain and operate a sewerage system; and siad Board has, conformably to law and pursuant to said vote, laid out such system and is about to construct the same; and 177 WHEREAS the Town has on the 29th day of October, 1934, "Voted that the Board of Selectmen be authorized to install water mains, not less than six inches in diameter and sub- ject to the assessment of betterments and to take by eminent domain the necessary easement therefor in the following unac- cepted streets: Robbins Road, from Plymouth Road in a south- easterly direction, a distance of approximately 105 feet', and WHEREAS the system, as so laid out, required the .constr- uction of a sewer in the locati-n 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 approximately in the following described line, hereinafter called the "line of location", viz: In Robbins Road from Plymouth Road in a southeasterly direction a distance of approximately 105 feet. For further description of the line of location see plan by the Town Engineer dated October 2nd, 1934, herein- after mentioned and referred to. And whereas the richt of way and easement hereinafter described and taken are necessary for the establishment of said system of sewerage and sewage disposal and for the pur- pose 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 private land kr a sewer, including manholes and appurtenances, said sewer to be laid and maintained in the ground in substantial ac- cordance with said line of location. The easement covered by this taking includes the right on the part of the Se- lectmen 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 pur- pose of laying the sewer, manholes and appurtenances ini- tially and maintaining, operating, inspecting and repairing the same from time to time thereafter; said Town being al- ways bound to see that the ground directly after the comple- tion 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. 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. 178 CD Betterments will be assessed 47'or this improvement in accordance with the provisions of Chapter 221 of the Acts of 1926. A plan made by John T. Cosgrove , Town Engineer, dated October 2, 1934, entitled, "Plan of Proposed Sewer in Robbins and Plymouth Roads . , Lenington, Mass . , Scale 1 in. - 40 ft. , October 2, 1934, John T. Cosgrove, Town Engineer", is hereby referred to and made a part of the present description of taking, which plans is to be recorded herewith in the regis- try of deeds for the Southern District of the County of Mid- dlesex. 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 of James R. Smith. 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 slid right of way and easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever, agreeable to the pro- visions of said Chapter 504 of the Acts of the year 1897 and any and all pertinent acts in amendment thereof or supple- mental thereto. IN WITNESS WHEREOF the said Robert P. Trask, John E. Gilcreast, Charles E. Ferguson, Daniel J. O'Connell and John A. Lyons of the Board of Selectmen aforesaid, have hereunto subscribed their names this 30th day of October, A. D. , 1934. Robert P. Trask BOARD Charles E. Ferguson Daniel J. O'Connell OF John E. Gilcreast John A. Lyons SELECTMEN CO TIONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Oct. 30, 1934. 179 Then personally appeared t1.e above named Robert P. Trask, John E. Gilcreast, Charles E. Ferguson, Daniel J. Of- Connell, and John A. Lyons 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 Lexing- ton, before me, Notary Public. A true copy of the records, Attest: Clem, Board of Selectmen. SCHEDULE OF ESTILATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. ROBBINS ROAD (From Plymouth Road in a southeasterly dir- ection a distance of approximately 105 feet. ) Owner as of April 1st, 1934 Lot. No. Assessment James R. Smith 30 179.96 James R. Smith 31 188.57 Mr. Lyons brought up the fact that he felt that the ac- cusations made against the Water Department by Mr. Arthur Hutchinson at the Town Paleeting October 29, should not be passed and that recognition should be made of the fact by calling Mr. Hutchinson in before the Board to explain the charges that he made and also request that Mr. Ross be present. The Board requested :he Chairman to write a letter to M . Hutchinson inviting him to come before the Board at the next meeting. At a joint meeting with the Planning Board for the pur- pose of filling the vacancy caused by the resignation of C. Edward Glynn from the Planning Board, Lester F. Ellis, 52 Waltham Street was unanimously elected to fill the vacan- cy until March, 1935. The meeting adjourned at 9:00 P. M. A true record, Attest: Clerk.