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HomeMy WebLinkAbout1935-04-09414 SELECTMEN►S MEETING April 9, 1935. A regular meeting of the Board of Selectmen was held (Extra on Upon motion made by Mr. Lyons and seconded by ,Sewer Mr. Ferguson, it was voted that the Anthony Ross & Son 'Docket bill in the amount of $641.87 covering extra work done ' PWA 2066. on the Sewer Docket, PWA 2066, be approved. Mr.. Gilcreast voted in opposition to the matter. Allowance, It was duly moved and seconded that Matthew Stevenson ,Stevenson Health and Milk Inspector, be allowed $100. in 1935 for ear. the use of his car. The Supt. of Public Works reported that several people had suggested to him that an architect be em - Bids on ployed to look over the Stone Building at East Lexington. Stone After discussion on the matter, it was duly moved and Building seconded that an architect be employed to draw up plans and specifications for the reshingling of the roof and the installation of the new exit, and that all previous bids be rejected. The Board recommended that the Supt. of Public Works be instructed to get in touch with Mr. Eugene L. Morgan of 20 Robhins Road in regard to drawing up these plans and specifications, but that the bids for the work to be done be received by the Board of Selectmen. Upon recommendation of the Supt, of Public Works, Perambu- it was duly moved and seconded that the Town Engineer, lation. the Supt. of Public Works and the Secretary of the Board of Assessors be appointed to perambulate the I Town Bounds. in the Selectmen's Room, Town Office Building, at 7:30 P.M. Messrs. Ferguson, Lyons, Gilcreast, and Potter were present. The Clerk was also present. Searing was declared open at 8:00 P.M. on the Cook application of Chester Cook for permission to maintain Garage a two car garage in the basement of a sin1e family application. dwelling on Belfry Terrace (on the circl. Mrs. Cook appeared and presented plans of the garage. No persons appeared in opposition and it was voted to grant the permit subject to the approval of the Building Inspector. Liquor A. Labes, who op --gates a store at 35 Woburn Street License appeared before the Board in regard to a permit for a App'ication. liquor license. He was advised tc file an application for a permit and that the Board would then take the matter under consideration. (Extra on Upon motion made by Mr. Lyons and seconded by ,Sewer Mr. Ferguson, it was voted that the Anthony Ross & Son 'Docket bill in the amount of $641.87 covering extra work done ' PWA 2066. on the Sewer Docket, PWA 2066, be approved. Mr.. Gilcreast voted in opposition to the matter. Allowance, It was duly moved and seconded that Matthew Stevenson ,Stevenson Health and Milk Inspector, be allowed $100. in 1935 for ear. the use of his car. The Supt. of Public Works reported that several people had suggested to him that an architect be em - Bids on ployed to look over the Stone Building at East Lexington. Stone After discussion on the matter, it was duly moved and Building seconded that an architect be employed to draw up plans and specifications for the reshingling of the roof and the installation of the new exit, and that all previous bids be rejected. The Board recommended that the Supt. of Public Works be instructed to get in touch with Mr. Eugene L. Morgan of 20 Robhins Road in regard to drawing up these plans and specifications, but that the bids for the work to be done be received by the Board of Selectmen. Upon recommendation of the Supt, of Public Works, Perambu- it was duly moved and seconded that the Town Engineer, lation. the Supt. of Public Works and the Secretary of the Board of Assessors be appointed to perambulate the I Town Bounds. 415 The Supt. of Public Works stated that he had been requested by a tenant at 10 Depot Square to see what Sidewalk, ' might be done about repairing the sidewalk in front of Depot his store. The Supt. stated that the property was Square. owned by the railroad, and that he had written the Town Counsel for his advice on the matter. The Supt. of Public Works reported that the Remington Rand Co: had left an Electric Adding Machine at his office on trial, and that the cost of the machine was $140. less 10%, and that both his office and the Welfare Office might very well use such a machine. However, he stated that he thought that he might be able to secure a guaranteed rebuilt machine for about $75.00, and the Board instructed him to see if he could obtain such a machine. The Supt. of Public Works reported that he had had a great many requests for shade trees, and that he ravished instructions from the Board as to where the trees were to be placed, as there was not money enough in the appropriation to place all the trees requested. The Board voted not to expend more than the $200. appropriated and to leave the matter of placing the trees to the diserbtion of the Supt. of Public Works. The Supt. of Public Works read a letter from Mrs. ' W. M. Philbrook of Grassland Street, complaining of the refuse and garbage which is dumped on the street. The motion was duly made and seconded that the Supt. of Public Works obtain from Mrs. Philbrook the names of the persons doing the dumping and then to attempt to put a stop to the practice. Adding Machine. Shade Trees. Philbrook complaint, dump. The Supt. of Public Works reported that the Town had reaohed the limit of its funds on the Pleasant Street Pleasant construction, and it was probable that the job would have Street to be shut down until funds were available. . The motion Construc- was duly made and seconded that it is tion. "VOTED to authorize the Town Treasurer to borrow the Borrowing sum of $12,000. from the Lexington Trust Company for a for Pleas - period of ninety (90) days in anticipation of reimburse- ant Street ment from the State and County on the Pleasant Street Construction, Construction". The Supt. of Public Works reported that he had had the old "U" signs in the center of the town removed. The old signs had been placed directly outside the curb line, and Dost of them had been struck and bent. He is now having a strong post erected for each sign, and is placing them inside the curb. The Supt. of Public Works reported that Alfred Dattoli of Cliffe Avenue had brought in a bill of $5.00 for re- placing a windshield on his car, the windshield having "U" signs 416 been broken when it struck the hole in Bow Street, and that the bill had been put through for payment. He Dattoli stated that Dattoli's wife and daughter were still accident. suffering from injuries received in the accident, and that he told Dattoli to report to him when the persons were recovered from their injuries. He would then have the Town Physician examine the two people to determine that they were notpermanentlyinjured., and Dattoli stated that this arrangement was satisfactory to him. The Supt. of Public Works reported that he had interviewed Mr. John D. Polley of Taft Avenue in regard to his sewer assessment. When Mr. Polley first made inquiries about a sewer connection, it was planned to Paley take his service in from the end of the sewer line, which Sewer was then only to the side line of his lot, and to assess Assessment. Mr. Polley the same amount as the lot side of his, which was the same size. However, when Polley finally decided to have the work done, his neighbor on Tarbell Avenue decided thathe wanted sewer service, and it was decided to extend the sewer in Taft Avenue to Tarbell Avenue,, and in Tarbell Avenue for a distance of 100 feet. The assessment figure originally given to Polley was $55., and the actual amount he was assessed due to the change in the plan was $108.81. Mr. Polley stated that he could pay J55., but that he could not pay the $108. He requested an abatement, and the matter was held over for one week. It was recommended by the Supt. of Public Works Acceptance that inasmuch as the Trunk Line Sewer Construction, PWA of PWA Docket #2066 has been completed in accordance with sewer specifications and approved by the Metropolitan District docket as Commission and that Ralph Adams, -•Inspector for the Town . completed on the project has certified that the work was completed project. as of February 16th, that the Board of Selectmen formally accept this sewer as a completed job and that the Supt. of the Sewer Dept. be authorized to break the bulkhead between the Metropolitan system and the Town of Lexington system, and it was so voted.. Charge for It was recommended by the Supt. of Public Works that rental of in the future the rental of the Water Department tractor equipment. and crane to the other departments of the Town shall be at the rate of $1.50 per hour, this price to include the operator as well as the machine, and the recommendation was approved. Letter was received from Mr. Eugene G. Kraetzer Street suggesting that the street lights be allowed to remain Lights. on all night. It was duly moved and seconded that an article be ihserted in the warrant for the next regular town meeting to provide for street lighting all night, so that the voters might decide the question themselves. 3 Letter was received from the Lexington Allied Veteran's Council recommending that a Storm Flag be flown at the Common every day excepting holidays, and it was duly moved and.seconded that the Supt. of Public Works be instructed to ascertain the cost of a Storm Flag and report at the next meeting of the Board. Communication was received from Hon. Joseph R. Cotton stating that he would view the 19th of April parade with the Selectmen if he could leave the line of parade in time. 417 Storm Flag. 19th of April. The Chairman stated that he had received a•request Cary Hall from Mr. A. R. Giroux for the use of the Cary Memorial Hall for 6n either the afternoon or the evening on April 20th for Belfry the purpose of showing Revolutionary pictures. It was Club. duly moved and seconded to approve the request: The Chairman stated that he thought it a good idea to have all the telephones in the Town Offices of the Telephones. dame type, and that now most of the offices use the French 'phone. It was moved and seconded that any requests for French 'phones be granted. Mr. Potter stated that he had been requested to have a reflector placed on the street light in front of Reflector. 840 Mass. Avenue, and it was duly moved and seconded that ' the Supt. of Public Works be instructed to have this work done. A letter was received from Edward Montgomery of Montgomery Marrett Road complaining of the sanitary conditions at complaint. the stand, On the Bend", situated at the corner of Marrett Road and Bridge Street. It was duly moved and seconded that the Health Inspector be instructed to investigate the matter and report at a later date. The Chairman stated that Alfred L. Short of Waltham Short Street had complained in regard to the refuse which was complaint. entering his property from the still on the Ricci property on Waltham Street The Supt, of Public Works was instructed to look into the situation. Letter was received from the Supt. of Public Works to the effect that he had been advised by the Health Sanitary Inspector that the property at 32 Bow Street, owned by condition, J. A. Wiggins, had been found to be in an unhealthy 32 Bow St. condition as a result of a cesspool continually running over into the street, and recommending that the owner of the property be required to make a connection with the sewer. It was voted that the matter be held over until the Supt. of Public Works had conferred with the owner and had ' suggetted that he connect with the sewer. 418 Upon motion duly made and seconded, it was voted to adopt the following vote: Vote on "WHEREAS prior tc the termination of the term of - - The matter of coverage on Public and Employees Coverage 'Liability with respect to the handling of dynamite was on dyma.mite.discussed. The Chairman stated that the Town had no & Clerk of reappoint them but to grant William S. Scamman a vacation such coverage, and the Supt. of Public Works was instructed ' with pay of one-half a month from April lst to April 15th, to look into the matter and report at the next meeting of inc., and tc grant Helen C. Whittemore a vacation of two of the Board. Selectmen* weeks with pay from April lst to April 13th, inc. and The Chairman stated that inasmuch as the Supt. of Insurance Public Works was now handling public buildings, etc., policies. that it would be well to have him take care of insurance, Robert P. Trask and during the period from April lst to policies, and the motion was duly made and seconded that April 13th, inc., the duties of the Clerk of the Board of all insurance policies be placed in the hands of the Selectmen have been performed by Eleanor M. Lowe, Supt. of Public Works, but that the placing of insuranoa, VOTED: That the acts of said Trask for the period would remain in the hands of the Selectmen. Safety A Report of a Safety Survey from the Employers Group Survey. was read by the Chairman. Public The Chairman read a letter from Mr. W. B. C. Meady Liability in regard to Public Liability Insurance for the Town, Insurance. and no action was taken on the matter. Permit - An application was received from the State for a Pleasant permit for the construction of two catch basins and a Street. drain on Pleasant Street, and the application was approved. Clerk, Bd. It was duly moved and seconded that Eleanor M. Lowe of Health. be appointed Clerk of the Board of Health. Upon motion duly made and seconded, it was voted to Typewriter -approve the recommendation of the Town Accountant that Accountant.he puchase a typewriter from the Water Department at its turn -in value of $10.00, and that he pay the Royal Typewriter Co. the sum of $18. for overhauling the machine. . Upon motion duly made and seconded, it was voted to adopt the following vote: Vote on "WHEREAS prior tc the termination of the term of office of office of William S. Scamman as Supt. of Public Works Supt. of and Helen C. Whittemore as Clerk of the Board of Selectmen Public Works on April 1st, 1935., the Board of Selectmen voted not to & Clerk of reappoint them but to grant William S. Scamman a vacation the Board with pay of one-half a month from April lst to April 15th, of inc., and tc grant Helen C. Whittemore a vacation of two Selectmen* weeks with pay from April lst to April 13th, inc. and during the period. from April lst to April 15th, the duties of the Supt. of Public Works have been performed by Robert P. Trask and during the period from April lst to April 13th, inc., the duties of the Clerk of the Board of Selectmen have been performed by Eleanor M. Lowe, VOTED: That the acts of said Trask for the period ' April 1st to 15th, inc., 1935, and the said Lowe for the period April lst to April 13th, 1935, inc. are ratified as acts of the acting Supt. of Public Works and acts of IL C 419 the acting Clerk of the Board of Selectmen, and the ,premanent employment tc the office of Supt. of Public Works takes effect from April 16th, 1935, and the permanent employment to the office of the Clerk of the Board of Selectmen takes effect from April 15th, 1935, and the appointees shall be paid for their services as such acting officials, compensation in proportion to their regular. salaries out of any appropriation that may be made available therefor". Upon motion duly made and seconded, it was voted that a Town Meeting be held on Monday, April 29, 1935 at 8:00 Town P.M. and that the articles for the warrant for said meeting Meeting. be prepared in exact accordance with the articles as presented in thepetition presented by the Citizenfs Protective Committee. Upon motion of Mr.-Gilcreast it was voted that the Mr. Trask, Supt. of Public Works be instructed to file application Notary to be made a Notary Public. There were no objections, Public. and it was so voted. The Board received a bid of $500. for the land on Grove Street former3y owned by Thomas Cahir. Inasmuch as this piece of property contains thirty-two acres, it was voted not to accept the offer at this time, but to lay the matter on the table for another week. It was suggested that the Secretary of the Board of Assessors list each parcel to which the Town has taken title, one to a page, showing the location and acreage, and then for Mr. Ferguson, Mr. Gilcreast and Mr. Spencer to look over the property and make a report of their findings at the next meeting of the Board. The Supt. of Public Works reported that Mr. Ross had employed Miss Isabelle Harvey of 4 Chase Ave., Lexington, as a clerk in the Water & Sewer Dept. at a salary of $16.00 per week. In view of the fact that Miss Dalrymple, who has been working in that department a little over a year, is now receiving $14. per week and has, during that time, given very satisfactory service, the Supt. redommended that she, also, receive $16. per week so that both clerks will be on the same basis as to rate of pay and what is expected of them in their work. The recommendation was approved. Tax Title property Water Dept. ' Clerks. Mr. Trask reported that he had been requested to Ruzziero obtain information in regard to the application of A. Overhanging Ruzziero of 1766 Mass. Avenue for an overhanging sign, Sign. and he wished to report that the sign had already been erected before the permit was granted. Mr. Potter moved that the application for the permit be held up for one week and that the Building Inspector be instructed to inquire of the owner of the sign if he has a permit, and if he has not, to do his duty. 420 Litchenberg Upon recommendation of the Supt. of public Works, it salary was voted to appoint John Lichtenberg as a rod man in -the increase. Engineering Department at a weekly wage of $17. per week, the same to become effective Mondayj. April 15th, 1935, In accordance with the recommendation of the Supt. of Report of Board of Appeals findings Public Works, it was voted to abate all sewer. assessments Abatements along the line of the new trunk line sewer in accordance on Trunk with the list made up by the Town Engineer. It was also Line Sewer. suggested that if and when any person desired to connect with the trunk line sewer, that an arbitrary charge for connection be made which will offset the amount which has TAKING BY THE TOWN OF LEXINGTON OF RIGHT been lost by the Town 'as a result of no assessments being made. 1897 AS AMENDED. The Chairman read a letter from the Planning Board PINEWOOD ROAD.' which contained the following vote of that body: Planning Board vote on Pleasant Street. "While the Planning Board will not oppose the acceptance of the layout of Watertown Street proposed by State and County officials to the extent of jeopardizing some reconstruction of Watertown Street in the near future, it nevertheless reaffirms its recommendation, made to the Board of Selectmen last November, in favor of an approximately straight layout from the vicinity of Hatch's Pond to the top of the hill at the Belmont -Lexington line." Mr. Trask stated that Mr. Borden and Mr. Norton of Layout of Watertown Street had gone down to the County Engineer's Watertown office and talked over the matter and had informed the Street. Engineer that they were in favor of the new proposed layout. It was reported by Mr. Dalton of the Engineer's office that the County was more sympathetic toward the proposition since it was supported by the property owners, but as .yet that no decision had been reached. Mr. Trask's Cdr. Lyons made the motion that the salary of the salary. Supt. of Public Works be set at $4,000. per year from April 12, 1935, but the motion was not seconded. Board of Report of Board of Appeals findings on McIntosh Appeals. application for signs at "Sunnyfield" was read and accepted. Sewer order for Pinewood Street was signed as follows: ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND SAMONT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED. PINEWOOD ROAD.' (From present end in Pinewood Road, a distance of approximately 125 feet.) WHEREAS, by Chapter 504 of the Acts of the year 1897, entitled, "An Act to authorize the Town of Lexington to �I 11 421, construct a system of sewerage," the same being hereinafter referred to as "said Act," said Town was authorized, among other things, to lay out, construct, maintain and operate . ' a system of sewerage, with the powers and authority set forth in said Act, including full power to take by purchase or otherwise any lands, rights of way and easements in said Town necessary for the establishment therein of a system of sewerage or sewage disposal or for any of the purposes mentioned 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, Charles E. Ferguson, John A. Lyons, John E. Gilcreast, and William G. Potter, citizens and residents of said Town, have been duly qualified and are now the duly elected qualified and. acting Board of Selectmen pursuant to law and the provisions of the Acts 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 thereof, to lay out, construct, maintain and operate a sewerage system; and said Board has, conformably to law and pursuant tosaid vote, laid out such system and is about to construct the same; and WHEREAS, by Chapter 277 of the Acts of the year 1909, which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the then Board of Water`Commissioners of said Town and the Board of Sewer Commissioners elected under the provisions of said Act (Chapter 504 of 1897) were consolidated in one Board to be called the Board of Water and Sewer Commissioners, with the provision that all the powers and duties of said Board of Sewer Commissioners should thereafter devolve ' upon said Board of Water and Sewer Commissioners; and WHEREAS, by Chapter 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, Charles E. Ferguson, John A. Lyons, John E. Gilcreast, and William G. Potter, citizens and residents of said Town, have been duly qualified and are now the duly elected qualified and. acting Board of Selectmen pursuant to law and the provisions of the Acts 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 thereof, to lay out, construct, maintain and operate a sewerage system; and said Board has, conformably to law and pursuant tosaid vote, laid out such system and is about to construct the same; and 422 c WHEREAS the Town has on the 18th day of March 1935, . "VOTED that the Selectmen be authorized to install a sewer in Pinewood Road, from the present end a distance , of approximately 125 feet, subject to the assessment of betterments, and to take the necessary easements therefor;" and WHEREAS the system, as so laid out, required the construction of a sewer in the location hereinafter described, the same to be maintained and used as•part of a system of sewage disposal for a part of said Town, and WHEREAS, the location adopted for said sewer is shaven approximately in the following described line, hereinafter called the "fine of location", viz; Beginning at a point, said point being the present terminus of the sewer in Pinewood Road and extending northwesterly approximately 125 feet to a point, said point being southeasterly and distance approximately 130 feet from the southeasterly exterior line of Follen Road. For further description of the line of location see plan by the Town Engineer dated April 3, 1935, hereinafter mentioned and referred to. Arid whereas the right,of way and easement hereinafter described and taken are necessary for the establishment of said system of sewerage and sewage disposal and for ' the purpose of providing better drainage as -authorized by said Act; Now then, said Board, acting for and in behalf of said Town, hereby takes under the authority of said Act (Chapter 504 of the Acts of 1897) the following right of way and easement, viz; A right of way and easement in and through the land through which the line of location runs in Pinewood Road for a sewer, incuding manholes and appurtenances, said sewer to be laid and maintained in the ground in sub- stantial accordance with said line of location. The easement covered by this taking includes the right on the part of the Selectmen of said Town, or other duly authorized agents of the Town, to enter upon, dig up, open and use the land embraced within said way as may be reasonable necessary for the purpose of laying the sewer, manholes and appurtenances initially and maintaining, operating, inspecting and repairing the same from time totime 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. 423 The right of way shall include .so much of the line of such way as is necessary for the taking and purposes, not exceeding twenty (20) feet on each side of the line of location. Betterments will be assessed for this improvement in accordance with the provisions of Chapter 221 of the Acts of 1926. A plan made by John T. Cosgrove, Town Engineer, dated April 3, 1935, entitled, "Plan of Proposed Sewer in Pinewood Road, Lexington, Mass., Scale 1 in. - 40 ft., April 3, 1935, John T. Cosgrove, Town Engineer", is hereby referred to and made a part of the present description of taking, which plan is to be recorded herewith in the Registry 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 Katherine L. Allcock, State Holding Corporation, and Clarence B. & Cornelia L. VanWyck. 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 party hereof. We determine that no damages have been sustained and none are awarded. To have and to hold said right of way and easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever, agreeable to the provisions of said Chapter 504 of the Acts of the year 3897 and arty and all pertinent acts in amendment thereof or supplemental thereto. Then personally appeared the above named Charles E. Ferguson, John A. Lyons, John E. Gilcreast, and William G. IN WITNESS WHEREOF the said Charles E. Ferguson, John A. Lyons, John E. Gilcreast, and William G. Potter of the Board of Selectmen aforesaid, have hereunto subscribed their names this 9th day of April, A. D., 1935. Charles E. Ferguson John E. Gilcreast Board John A. Lyons of William G. Potter Selectmen: COMMONWALTH OF MASSACHUSETTS Middlesex, bg. Lexington, April 9, 1935. Then personally appeared the above named Charles E. Ferguson, John A. Lyons, John E. Gilcreast, and William G. 424 Potter and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, ' Albert A. Ross, Notary Public. A true copy of the records Attest: Eleanor M.. Lowe., Clerk, Board of Selectmen. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. PINEWOOD ROAD (From Present end in Pinewbod Road, a distande of approximately 125 feet.) Owner as of January 1, 1935, Lot No. Assessment. State Holding Corporation 39 $130 TV n n 40 150 Clarence B. & Cornelia R. VanWyck 43 165 Katherine L. Allcock 42 165 Sewer order for Belfry Terrace was signed by the ' Board as follows: ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED. BELFRY TERRACE (From the present end a distance of approximately 65 feet). WHEREAS, by Chapter 504 of the Acts of the year 1897, entitled, "An Act to authorize the Town of Lexington to construct a system of sewerage," the same being herein- after referred to as "said Act", said Town was authorized, among other things, to lay out, construct, maintain and operate a system of sewetage, with the pmwers and authority set forth in said Act, including full power to take by purchase or otherwise any lands, right of way and easements in said Town necessary for the establishment therein of a system of sewerage or sewage disposal or for any of the purposes mentioned ih Section 1 of said Act; and WHEREAS said Town of Lexington duly accepted said Act in the manrir provided therein; and ' WHEREAS the system hereinafter referred to as about to be constructed, and plans showing in detail the work 1 C to be done in constructing the same, have been duly approved by the State Board of Health; and WHEREAS, by Chapter 277 of the Acts of the year 1909, which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the then Board of Water Commissioners of said Town and the Board of Sewer Commissioners elected under the provisions of said Act (Chapter 5'04 of 1897) were consolidated in one Board to be called the Board of Water and Sewer Commissioners, with the provision that all the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Board of Water and Sewer Commissioners; and WHEREAS., by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majority of the voters of said Town in the manner pro4ided 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, Charles E. Ferguson, John E. Gilcreast, John A. Lyons and William G. Potter, citizens and residents of said Town, have been duly qualified and are now the'duly elected qualified and acting Board of Selectmen pursuant to law and the provisions of the Acts hereinbefore referred to, and WHEREAS said Town by vote passed at a Town Meeting held on the 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 thereof, to -lay out, construct, maintain and operate a sewerage system: and said Board has, conformably to law and pursuant to said vote, laid out such system and is about to'construct the same; and WHEREAS the Town has on the 18th day of March, 1935, "VOTED that the Selectmen be authorized to install.a sewer in Belfry Terrace, from the present end a distance of approximately 65 feet, subject to the assessment of better- ments, and to take the necessary easements therefor;" and WHEREAS the system, as so laid out, required the construction of a sewer in the location hereinafter described, the same to be maintained and used as part of a system of sewage disposal for a part of said Town, and WHEREAS, the location adopted for said sewer is shown approximately in.the following described line, -hereinafter called the "line of location", viz; . Beginning at a point, said point being the present terminus of the sewer in Belfry Terrace and. extending 425 426 northerly a distance of approximately 65'feet. For further description of the line of location see plan by the Town Engineer dated April 3, 1935, hereinafter mentioned and referred to. And whereas the right of way and easement herein- after described and taken are necessary for the establishment of said system of sewerage and sewage disposal and for the purpose of providing better drainage as authorized by said Act ;. Now then, said Board, acting for and in behalf of said Town, hereby takes under the authority of said Act (Chapter 504 of the Acts of 1897) the following right of way and easement, viz; A right of way and easement in and through the land through which the line of location runs in Belfry Terrace for a sewer, including manholes and appurtenances, said sewer to be laid and maintained in the ground in substantial accordance with said line of location. The easement covered by this taking includes the right on the part of the Selectmen of said Town, or other duly authorized agents of the Town, to enter upon, dig up, oven and use the land embraced vdthin. said way as may be reasonably necessary for the purpose of laying the sewer, manholes and appurtenances initially and maintaining, operating, inspecting and repairing the same from time to time thereafter: said Town being always bound to. -see ' that the ground directly after the 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 location. Betterments will be assessed for 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 April 3, 1935, entitled, "Plan of proposed Sewer in Belfry Terrace, Lexington, Mass., April 3, 1935, Seale 1 in. - 4Q ft., John T. Costrove, Town Engineer",, is hereby referred to and made a part of the present description of taking, which plan is to be recorded herewith in the Registry 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: 1 L The same being lands of William R. Greeley and Marcia H. Glidden. The said area comprises the several lots shown upon the plan hereinbefore referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule which is hereto annexed and made a part hereof. We determine that no damages have been sustained and none are awarded. To have and to hold said right of way and easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever, agreeably to the provisions of said Chapter 504 of the Acts of the year 1897 and arty and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the said Charles E. Ferguson, John E. Gilcreast, John A. `''yons and William G. Potter of the Board of Selectmen aforesaid, have hereunto subscribed their names this ninth day of April, A. D. 1935. Middlesex, ss. Charles E. Ferguson Board of John E. Gilcreast Selectmen John A. Lyons William G. potter COMMONWEALTH OF MASSACHUSETTS Lexington, April 9th, 1935. Then personally appeared the above named Charles E. Ferguson, John E. Gilcreast, John A. Lyons and William G. Potter and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, Albert A. Ross, Notary Public. A true record- Attest: Eleanor M. Lowe, Clerk, Board of Selectmen. 427 428 SCHEDULE OF ESTIMATED BETTERMENTS � REFERRED TO IN THE FOREGOING ORDER. BELFRY TERRACE (From the present end a distance of approximately .65 feet). Owner as of Jan. 1 1935. Lot. No. Approximate Assessment. William R. Greeley A $130.00 Marcia H. Glidden B 140.00 The Board signed the water order for Pinewood Road as follows: ORDER OF TAKING. By the Town of Lexington of Easement for the Construction of a Water Main. PINEWOOD. ROAD. (From the present end to Follen Road, a distance of approximately 360 feet). WHEREAS, at a meeting duly called and held on , March 18, 1935, 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 Selectmen be authorized to'install water mains, not less than six inches in diameter and subject to the assessment of betterments, and to take by eminent domain the necessary easement therefor in the following streets: Pinewood Road, from the present end to Follen Road, a distance of approximately 360 feet. AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE, 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 authority conferred upon them by the fore- going vote and of every other power them thereto enabling, hereby adopt this order of taking by_ eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Pinewood ' Road from the present end to Follen Road a distance of approximately 360 feet as aforesaid, the following easement, namely: 429 ' The right to enter upon the land shown as Pinewood Load on a plan entitled, nPlan of Proposed Water main in Pinewood Road, Lexington, Mass., Scale: 1 in- 40 ft., Bar. 30, 1935, Albert A. Ross, Supt. Water Dept." and owned by State Holding Corp, and Katherine L. Allcock, and construct therein a line of water main with all necessary connections, shut -offs and appurtenances substantially as shown on a plan of Albert A. Ross, Supt. Water Department, dated March 30,.1935, 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 wee 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 time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter SO of 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, Supt: 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 parcel of land tc 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 undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this ninth day of April, 1935. Charles E. Ferguson Selectmen_ William G. Potter of John A. Lyons ' John E. Cilcreast. Lexington. 430 Barry Mead Accident. Sand & Gravel bids. Commonwealth of Massachusetts Middlesex, ss. April 9, 1935. , Then personally appeared the above named Charles E. Ferguson, John A. Lyons, John E. Gilcreast and William G. Potter, 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, Albert A. Ross, Notary Public. A true copy of the records, Attest: Eleanor M. Lowe, Clerk, Selectmen. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. PINEWOOD ROAD. (From the present end to Follen Road, a distance of approximately 360 feet). Owner as of Jan. 1st, 1935. Lot No. Approximate Assessment. State Holding Corp. 39 $90.00 State Holding Corp. 40 96.72 Katherine L. Allcock 42 90.00 Mr. Trask read a letter from. Mr. Wrightington in which he requested further information on the Barry Mead case. No action was taken on the matter. Bids were received from the following on furnishing sand and gravel to the Town for the coming year: (see page 431) The Board awarded the contract to R. H. Stevens, the low bidder. Bids were received from the following on the furnish- ing of road oil for the coming year: Bids on (see page 432 for bids) Road The Supt. of Public Works recommended that the Oil. material be purchased from any reputable concern who will give the most satisfaction, inasmuch as the bids were all the same, due to the Code. The motion was duly made and seconded that the matter be left to the Supt. of Public Work's discretion to purchase the oil from the concern who will give the Town the most efficient service. 1 7 d{ BIDS ON SAND A GRAVEL. V2 m o H ca rd ® az v �A vii � 0 cd m 0 > a� a� cs c7 x: P a to co 0 rn 0 co a ti v o tz Boston Sand & Gravel Co. 1.25 1.10 1.60 1.60 1.75 Clematis Brook Sand & Gravel Co. 1.15 1.00 1.40 1.40 1.50 1.10 .60 Highland Sana. & Gravel Co. 1.10 1.00 1.40 1.40 1.55 Lex. Sand & Gravel Co. 1.10 1.00 1.45 1.45 1.60 1.15 .60 R. H. Stevens. 1.00 .90 1.30 1.30 1.40 1.00 .50 BIDS FOR ROAD OIL H H H H P -P -P Ea +.3 r� _P H 0 0 0 0 r -I O a) U o cd rl P 1,.0 C v 2 cd CH a 4-41 ,O cd t7 G+ 0 0 0 0 En 0 �t+3 m �4+ m m(A R, x Fq m rz rz r c� -:4 a) (d U n cd X Ma, v Q ro 9 cdw � 0x 00. M� -:4o 0 Q o i p c a� m m r a cd • •Q �s Fa t to �3 - m m P 014 O Z � cd � 9. � F~ 4 i+� zJ F+ . 102f .-1;4 i .-i -4 -1•F� �q rl O cn n O +� F �+ +1rl F� 1 �r i G\2 �+� G\2 G\I 5!� [� d+ to CO 0U W �� H 151 Cd 0 H 4- 0 UUi V U �W � z4 -W H H O�Pfinerican Bituminals Co. 9.5 9.5 9.75 11.0 11.5 11.0 13.0 13.5 13.0 13.5 11.5 11.0 ,.American Oil Prod. Co. 9.5 9.5 9.75 11.0 11.5 11.0 13.0 13.5 13.0 13.5 11.5 11.0 American Tar Co. 11 ll:lZ 5 Barrett Co.�,Vi,4 Lake Asphalt & Petroleum Co. of Mass. 11.0 11.5 11.0 13.5 13.0 13.5 11.5 11.0 H. H. Maguire & Co. Inc. 9.5 9.5 9.75 11.0 11.5 ll.. 13. 13.5 13.5 N.E.Asphalt & Tar Co.9.5 9.5 9.75 11.0 11.5 11.0 13.0 13.5 13.0 13.5 11.5 11.0 _Shell East. Pet. Prod. Co. 9.5 9.5 9.75 11.0 11.5 11.0 13.0 13.5 13.0 13.5 11.511.0 Somerset Bituminous Co. 9.5 9.5 9.75 11.0 11.5 11. 13.0 13.5 13.0 13.5 11.5 11.0 StandwHI Oil Company 9.5 9.5 9.75 11. 12.0 - 13.0 13.5 11.5 Texas -,Compal >. 9.5 1 9.75 11.0 13.5 11.5 ; Trimount Bit. Prod. Co. 9.5 9.5 9.75 11. 11.5 11. 13.0 13.5 13. 13.5 11.5 11.0 1 1 Mr. Mitchell requested approval of increase of $2.00 per week for Edward Holman, inasmuch as his daughter, Ruth Conyers, was underweight and required a special diet. The approval was given. Mr. Mitchell recommended an allowance of $3.00 per week for Mary Bisconti of 23 Haskell Street, and the recommendation was approved. Mr. Mitchell reported that John E. Penny of Brandon Street had been behind on his mortgage payments, and that the No. Cambridge Co-op. Bank had foreclosed. Mr. Mitchell talked with the treasurer'of the bank, and he agreed to accept the interest on the mortgage only, which amounts to $15. per month. Mr. Mitchell recommended that Penny be allowed supplementary aid to the extent of $15. per month to pay the interest on the mortgage, and the recommendation was approved. Mr. Mitchell reported that LeRoy Robbins of 26 Cottae Street is working on ERA two days per week earning 98.00, but that this was not sufficient. Mr. Mitchell recomiended that he be paid $3.00 per week supplementary aid, making a total of ell.00 which he will receive, and the recommendation was approved. Mr. Mitchell reported that William Jackson of 1 Blossom Crest is working on ERA two days per week earning $8.00 but that this was not sufficient. Mr. Mitchell recommended that he be paid $3.00 per week supplementary aid, making a total of $11.00 which he will receive, and the recommendation was approved. The meeting adjourned at 11:33 P.M. A true record, Attest: Clerk. 433 Welfare: - Edward Holman. Mary Bisconti John Penny LeRoy Robbins_ William Jackson