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
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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
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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
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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