HomeMy WebLinkAbout1935-08-06 579
SELECTMEN' S MEETING
AUGUST 6, 1935.
A regular meeting of the Selectmen was held in the
Selectmen's Room, Town Office Building, at 7:30 P.M.
Messrs . Ferguson, Gilcreast, Lyons and Potter were
present . The Clerk was also present.
Letter was received from Mrs. L. F. Ellis, President
of the Lexington Outlook Club, stating that it was the Use of
understanding of the Club that it would not be able to hall for
sell tickets for the three lectures to be held in October, lectures
November and December due to the fact that the minimum by Lex.
charge was being made for the use of the hall. Mrs. Ellis Outlook
requested that the Club be allowed to sell guest tickets Blue .
provided all the money received was given to the
Scholarship Fund. Mrs. Ellis also requested that the
following dates be set aside for the lectures: Tuesday
afternoons at 3 P.M. on October 22nd, November 26th and
December 10th, 1935.
The Board voted to grant the request of the Club for
permission to sell guest tickets and also to make sure
that the above dates were reserved.
The following Election Officers were appointed for
a period of one year:
Precinct One.
D Charles J. Dailey Warden
D Mary A. Rowland Deputy Warden
D Bartlett J. Harrington Inspector
D Donald Cameron Deputy Inspector
R George E. Foster Inspector
R Frank A. Cook, Jr. Deputy Inspector
R Alfred Hayward Clerk Election
R Mabelle S. Peavy Deputy Clerk Officers.
Precinct Two.
R Irving B. Pierce Warden
R Victor Harmon Deputy Warden
R George V. Morse Inspector
R Clifford Pierce Deputy Inspector
D Randall Richards Inspector
D Ruth Ray Deputy Inspector
D John H. Dacey Clerk
D Frederick Connor Deputy Clerk
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Precinct Three. C�
R Harvey Winlock Warden
R Bessie G. Davis Deputy Warden
R Fred Puller Inspector
R Emma Hovey Deputy Inspector
D Charles E. Moloy, Jr. Inspector
D James L. McKenzie Deputy Inspector
D Timothy Kinneen Clerk
Election D James M. Ahern Deputy Clerk
Officers.
Precinct Four
R Howard Custance Warden
R Frederick S. Britton Deputy Warden
RWilliamHE. Mulliken Inspector
R Warren aynes Deputy Inspector
D Katherine Kiernan Inspector
D Daniel A. Gorman, Jr. Deputy Inspector
D Frank Maguire Clerk
D Agnes Hall Deputy Clerk
Order - Letter was received from the Town Clerk to which was
Watertown attached County Commissioners ' Order in the matter of the
Street. relocation of the highway known as Watertown Street.
Mr. August Young, of Laconia Street, who owes a bill
August of $92.95 for animals slaughtered during the previous year,
Young, appeared and requested that he be allowed to pay the bill
Slaughter in amounts of x;20.00 each week until the bill was paid.
License He stated that he did not have money available at the
bill. present time to pay the bill in full and that business was
very poor.
The motion was duly made and seconded that he be
allowed to pay the bill at the rate of $20.00 per week,
first payment to be made on Monday, August 12th, 1935,
and it was so voted.
State Aid, Letter was received from the Commissioner of State
Wheeler Aid and Pensions stating that Rose H. Downey was to
and receive $6.00 per month State Aid from July 1st for six
Downey. months, and that Charles E. Wheeler was to be paid $10.00
a month State Aid from July 1st for four months.
Letter was received from Mrs. W. A. Derrah of
Derrah 30 Bowker Street, requesting a complete abatement of her
request real estate tax for 1935 in the amount of $142.89.
for tax Mrs. Derrah is 71 years of age and her husband is 72 and is
abatement. unemployed. They have been receiving $5.00 weekly
assistance from the Welfare Department and relatives have
been furnishing food. A sister of Mrs. Derrah resides
with her and pays $5. 00 weekly for board and this sum is
used to make the interest payments on the mortgage on the
house.
The Board voted to turn the matter over to the Board
of Assessors for their consideration.
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Letter was received from the Town Clerk to which was
attached writ of attachment on account of Edgar F. and Scheibe
Emily R. Scheibe vs. Inhabitants of the Town of Lexington case.
to the value of $20,000. to be answered in Superior Court,
Cambridge, on Monday, Sept. 2nd, 1935.
The Board voted to turn the matter over to the Town
Counsel.
The Town Clerk submitted a writ for the drawing of
one juror for civil business to be held in Cambridge,
4th Session, Monday, the 9th day of September, 1935, next.
Mr. George W. Bean, golf range, of 359 Bedford Street, Jurors
was the juror drawn. Drawn.
The Town Clerk submitted a writ for the drawing of
one juror for Civil business to be held in Cambridge, the
first session, Tuesday, the 3rd day of September, 1935,
next. Mr. Bartlett J. Harrington, contractor,of 11 Curve
Street was the juror drawn.
Letter was received from the State Commissioner of
Public Works listing the approximate payments which it
will be necessary to make each year during the next ten Letter on
years in order to pay all of the obligations of the payments
$20,800,000. bond issue, including interest. He stated for bond
that the average payment for the ten years amounted to issue.
$2,240,550. per year or only $115,550. more than has been
paid for the last four consecutive years on account of the
so-called Ely 3ond Issue. He stated that the new bond
issue would not mean a cent of increased taxes to any
city or town in the Commonwealth for real estate or any
other taxes .
The Slaughtering Inspector 's report for the months Slaughteniak
of May, June and July were submitted and approved. Reports.
Letter was received from Mr. J. Warren Kilham, Jr. ,
stating that he had been advised that at the Town Meeting Letter
held on July 22nd, Article 25, having to do with the from Mr.
Zoning Law and the removal of loam, etc . , was by Kilham re
unanimous vote indefinitely postponed. Mr. Kilham stated removal of
that inasmuch as it was not the temper of the Town Meet- loam.
ing Members to forbid such removal and the Board had
instructed the Town Counsel to prevent his clients,
Brouseau and Cadario, from such removal, apparently
improperly, and therefor improperly requiring atm agreement
and a bond, he requested the return of the bond and the
release from the agreement .
The Chairman advised the Board that he had turned
the matter over to the Town Counsel.
Letter was received from the Middlesex County
Sanatorium stating that Mrs. Blanche Meadows of 1847 Mass . Meadows
Avenue had een diagnosed as a case of far advanced T.B.case.
Pulmonary Tuberculosis and that immediate sanatorium
treatment was advised. The letter stated that application
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for her admission to the Sanatorium had been mailed
to Dr. Barnes and the Boaild voted to take no action on
the matter until the application was received.
Guest Letter was received from Paul Bowser stating that
tickets he was mailing under separate cover, guest passes for
presented. the Rockingham Grand Circuit Races which are to be held
August 3rd to 10th.
The Board voted to send Mr. Bowser a letter of
appreciation for his thoughtfulness in presenting the
tickets to the Board.
Letter re Letter was received from the State Commissioner of
allotment Public Works showing the approximate distribution of the
for Chap. $2,300,000. to be allotted to Chapter 81 and 90 towns
81 & 90oviding the State Dept . of Public Works receives the
towns. 13,000,000. asked for in the bond issue. The letter
stated that if cities or towns wished to use the money in
conjunction with P.W.A. bonds, they should be able to
receive an additional grant of 45% from the Federal
Government. Lexingtonts allotment amounts to $5541.00.
The Planning Board submitted a report on the survey
of parking in Lexington Center recently completed.
The count was made by two E.R.A. workers and as a result
of their survey, the Board had derived the following
Report on conclusions:
Parking
Survey. 1. That there is sufficient available .space to meet the
normal needs for parking in connection with normal
shopping activities, as is evidenced by the fact
that, except for Saturday evening, there was only one
count that showed an excess of 55% occupancy.
2. That additional convenience could be procured for
shoppers, if parking on Mass. Ave. were limited to
not more than two hours. The count summaries show
that, on the average, one car coat of every six cars
counted on Mass. Ave. was recdrded in three or more
consecutive counts.
3. That the space in Depot Square can be utilized to a
greater extent, and more efficiently than it is at
present.
4. That on the average there were 13.3 cars which occupied
space on Mass. Ave. for an unwarranted period of
time, between the hours of 9:15 and 5:15.
5. That parking regulations in the center of the Town
should be either modified or enforced.
6. That the space reserved for Taxicabs opposite the
Movie Theatre is larger than is necessary. The space
reserved accommodates 5 vehicles, but at no time were
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there more than three cabs there, and,on the average
there was less than two cabs there. If it is felt
that some space must be reserved for taxicabs on the
Avenue itself, it might be limited to the number of Parking
spaces that there are Taxi Companies in the Town. Survey.
The Board voted to accept the report and to give a
copy of it to the Chief of Police to be accompanied by a
letter calling his attention in particular to conclusions
#1, 2, 4, and 5.
Letter was received from one Arthur Southall of
Dorchester, stating that while driving over Pleasant
Street in his car, he struck a bad place in the .rood and Southall
although driving very slowly, a spring in the front of Claim for
the car was broken. Mr. Southall went at once to the damages to
Police Station and reported the accident and then went to car.
the garage Where he paid $6.60 to get the spring repaired.
He stated that when he returned over the same route an hour
and a half later, a man with a truck was dumping dirt in
the hole that he struck. Mr. Southall enclosed the bill
and requested that the Board reimburse him.
The Board voted to take no action on the matter.
Letter was received from the Lovell Bus Lines, Inc. Letter of
thanking the Board for the license recently granted over thanks.
II the new Concord Highway.
The Board signed the order for the construction of a
sewer in Blake Avenue, from Edgewood Road a distance of
approximately 170 feet, 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.
BLAKE AVENUE Blake Ave.
(From Edgewood Road a distance of approximately 170 ft. ) Sewer
Order.
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 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 lection 1 of said Act; and
AREAS said Town of Lexington duly accepted said Act
in the manner provided therein; and
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WHEREAS the system hereinafter referred to as about
to be constructed, the 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 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 Commissinners,
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
BLAKE were assigned to the Board of Selectmen as a Board of
Ave. Public Works; and
Sewer
Order. 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 had
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 22nd day of July, 1935,
"VOTED that the Selectmen be authorized to install a sewer
in Blake Avenue subject to the assessment of betterments,
and to take by Eminent Domain the necessary easements
therefor, and for the purpose of said sewer construction
the sum of $500. be transferred from the Sewer Assessment
Fund; " 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
VHEREAS, the location adopted for said sewer is shown
585
approximately in the following described line, hereinafter
called the "line of location", viz:
Beginning at a point in the southerly line of Edgewood
Road, said point being easterly and distant about 228 feet
from the intersection of the easterly line of Hancock
Street with the southerly line of Edgewood Road, thence
southerly and bearing to the right with a curve of 715.85
feet radius distant about 170 feet to a point.
For further description of the line of location see
plan by the Town Engineer dated August 5, 1935, hereinafter
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
Adt;
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 Blake Avenue
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, open and use
the land embraced within 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 Chaptdr 221 of the Acts
of 1926.
A plan made by John T. Cosgrove, Town Engineer, dated
Aug. 5, 1935, entitled, "Plan of Proposed Sewer in Blake
Ave. , Lexington, Mass. , Aug. 5, 1935, Scale 1 in. - 40 ft.,
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.
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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 Hallie C. Blake.
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 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 any and all pertinent acts in amendment
thereof or supplemental thereto.
IN WITNESS WHEREOF the said Charles E. Ferguson,
John E. Gilcreast, John A. Lyons and William G. Potter
of the Board of Selectmen aforesaid, have hereunto
subscribed their names this 6th day of August, A. D. ,
1935.
Charles E. Ferguson
John E. Gilcreast Board of
John A. Lyons Selectmen.
William G. Potter.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Aug. 6, 1935.
Then personally appeared the above named Charles E.
Ferguson, John E. Gilcreast, John A. Lyons and William G.
Pi s l�
Ando ,everally acknowledged the foregoing instrument
by hei su' eribed 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,
Robert P. Trask,
Notary Public.
SCHEvuLF OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
BLAKE AVENUE
(From Edgewood Road a distance of approximately 170 ft. )
Owner as of Jan. 1, 1935. Lot No. Assessment
Hallie C. Blake 1 $365.00
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The Board signed the order for the taking by eminent
domain of Farm Crest Avenue, from Waltham Street to Stedman
Road a distance of approximately 1420 feet, as follows:
C0MMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington.
Farm
At a meeting of the Board of Selectmen of the Town Crest Ave
of Lexington held on the 6th day of August, 1935, it is Highway
Order.
ORDEiie.D: Whereas the Board of Selectmen of the Town
of Lexington, having determined and adjudged that common
convenience and necessity require that a town way be
laid out in the location hereinafter described and
having complied with the requirements of law relating to
notice, did on the 16th day of July, 1935, lay out as a
town way the way known as Farm Crest Avenue, from Waltham
Street to Stedman Road a distance of approximately 1420
feet, accordingly and duly filed their report of such
laying out with the boundaries and the measurements of the
same in the office of the Town Clerk of said town on the
17th day of July, 1935, and whereas at a town meeting duly
called warned and held on the 22nd day of July, 1935, in
accordance with the provisions of law applicable thereto,
it was
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VOTED: That the Town accept the layout as a town way
of Farm Crest Avenue from Waltham Street, a distance of
1430 feet, as laid out by the Selectmen, under the Betterment
Act, and shown upon a certain plan on file in the office
of the Town Clerk, dated Sept . 26, 1934, and to take by
eminent domain the necessary easements therefor, and for
the purpose of constructing said street the sum of
$8,964.45, be appropriated and transferred from the Excess
and Deficiency Account.
NOW, THEREFOR, we, the undersigned, being a majority
of the Board of Selectmen of the said Town of Lexington,
duly elected, qualified and acting as such, do hereby
under and by virtue of the provisions of Chapter 79 of
the General Laws and of any and every ether power and
authority us hereto in any way enabling, take the right or
easement to use for all the purposes of a town way for the
use of said town of Lexington, the land in said town
bounded and described as follows:
The northeasterly line of Farm Crest Avenue begins
at a point in the easterly line of Waltham Street, said
point being 201.46 feet southerly of the point of curvature
of a curve of 35.00 feet radius at Marrett Road, thence
bearing to the left with a curve of 40.00 feet radius
distant 34.32 feet to a point of tangency, thence south
480 261 east distant 1377.65 feet to a point of curvature,
thence bearing to the left with a curve of 22.50 feet
radius distant 47.28 feet to a point in the westerly line
of Stedman Road.
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The southwesterly line of Farm Crest Avenue begins rz
at a point in the easterly line of Waltham Street, thence
bearing to the right with a curve of 25.00 feet radius
distant 57.09 feet to a point of tangency, thence south
48° 26 ' east distant 1336.01 feet to a point of curvature,
thence bearing to the right with a curve of 30.00 feet
radius distant 34.95 feet to a point in the westerly
line of Stedman Road.
The above described lines are parallel with and
distant 50.00 feet from each other with the excdption
of the curved intersections at Waltham Street and Stedman
Road.
The above description is intended to conform to a
plan on two sheets entitled, "Plan of Farm Crest Ave.,
Lexington, Mass ., Scale 1 in. - 40 ft. , Sept. 26, 1934,
John T. Cosgrove, Town Engineer", which plan is on file
in the Town Clerk's Office in said Lexington and a copy
of which will be recorded with the Middlesex South
District Registry of Deeds with a copy of this order.
All trees, if any, upon the land taken are included
in this taking.
Betterments are to be assessed for this improvement.
The area which it is expected will receive benefit
or advantage other than the general advantage to the
community from such improvement is described as follows:
The same being lands now or formerly of Robert Goasi,
Ralph E. & Florence V. Cox, Irene M. Ryan, Vere C. Champlin,
Frances A. Ryan, Warren S. Grant, Thomas & Katherine H.
Walsh, Jeanette B. Fountain, Marguerite E. Coninan, Clarence
E. & Catherine M. McElman, Lawrence A. & Eleanor T. Rusted,
Sarah L. Hatfield, John Perry, Jr., William D. Laundrie,
George V. & Norah G. Hunt, Janes A. Bailey, Arthur E.
& Emma R. Locke, Thomas J. Doherty, Charlotte L. & Helen
G. Murphy, Florence L. Richards, Betty N. Lindstrom,
Violet M. Remick, Elizabeth E. & Foster W. Higgins, Harry
W. Pierce, Alice A. W ilson, Caroline W. Parsons, Charles
J. & Margaret F. Martin, Watertown Co-operative Bank,
Patrick Molloy, Harry G. Moore, Aubrey & Sadie W. Caldwell,
Neil McIntosh, Tr. , and Mary E. Lowe, as shown on a plan
entitled, "Plan of Farm Crest Ave. , Lexington, Mass., Scale
1 in. - 40 ft. , Sept. 26, 1934, John T. Cosgrove, Town
Engineer".
The said area comprises the several lots shown upon
the plan hereinbefore referred to, which are designated
in the schedule hereto annexed and made a part hereof.
We estimate the betterments that will be assessed
upon each parcel of land to be as shown in the schedule
which is hereto annexed and made a part hereof.
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We determine that no damages have been sustained and
none are awarded.
WITNESS our hands at Lexington aforesaid this sixth
day of August, 1935.
Charles E. Ferguson Selectmen
John E. Gilcreast of the
John A. Lyons Town of
William G. Potter Lexington.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, August 6, 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 Selectmen afd Public Works of the Town of Lexington,
before me,
Robert P. Trask,
Notary Public.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
Owner ef of Jan. l 1935. Lot No. Approxtt to
Absessment.
Robert Gozzi 27 $175.00
Ralph E. & Florence V. Cox 28 175.00
Irene M. Ryan 29 175.00
Vere C. Champlin 30 175.00
Frances A. Ryan 31 175.00
Warren S. Grant 32 175.00
Thomas & Katherine H. Walsh 33 175.00
Jeanette B. Fountain 34 175.00
35 175.00
Marguerite B. Comman 36 175.00
Clarence E. & Catherine M.McElman 37 175.00
Lawrence A. & Eleanor T. Husted A 392.42
Sarah L. Hatfield A 442.62
John Perry, Jr. 44 175.00
William D. Laundrie 45 175.00
46 175.00
George V. & Morah G. Hunt 47 175.0
48 175.00
49 175.00
James A. Bailey 50 175.00
I
Arthur E. & Emma R. Locke 51 & pt. 52 262.50
Thomas J. Doherty 53 & Pt. 52 381.18
Charlotte L. & Helen G. Murphy' 54 342.93
Florence L. Richards 57 175.00
590
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Farm Crest Ave. (Cont )
Approximate
Owner as of Jan. 1, 1935 Lot No. Assessment.
Betty N. Lindstrom 58 $175.00
59 175.00
Violet M. Remick 60 175.00
61 175.00
62 175.00
63 175.00
Elizabeth E. & Foster W. Higgins 64 175.00
65 175.00
Harry W. Pierce 66 175.00
Alice A. Wilson 67 175.00
Caroline W. Parsons 69 455.00
Charles J. & Margaret F. Martin 70 175.00
Watertown Co-op. Bank Pt. 71 140.00
Patrick Molloy 72 & Pt. 71 210.00
Harry G. Moore 73 175.00
Aubrey & Sadie W. Caldwell 74 175.00r,
75 175.00
Neil McIntosh, Tr. 77 127.82
Mary E. Lowe 76 222.18
The Board signed the order for the taking by eminent
domain of Kendall Road, from Marrett Road to Hill Top
Avenue a distance of approximately 605 feet, as follows:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
At a meeting of the Board of Selectmen of the Town
of Lexington held on the 6th day of August, 1935, it is
ORDERED: Whereas the Board of Selectmen of the town
of Lexington, having determined and adjudged that
common convenience and necessity require that a town way
be laid out in the location hereinafter described
and having complied with the requirements of law relating
to notice, did on the 16th day of July, 1935, lay out as
a town way the way known as Kendall Road, from Marrett
Road to Hill Top Avenue a distance of approximately
605 feet, accordingly and duly filed their report of such
laying out with the boundaries and the measurements of
the same in the office of the Town Clerk on the 17th day
of July, 1935, and whereas at a town meeting duly called
warned and held on the 22nd day of July, 1935, in
accordance with the provisions of law applicable thereto,
it was
VOTED: That the Town accept the layout as a town way
of Kendall Road from Marrett Road to Hill Top Avenue, a
distance of approximately 605 feet, as laid out by the
Selectmen under the Betterment Act, and shown upon a
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certain plan on file in the office of the Town Clerk,
dated Sept. 26, 1934, and to take by eminent domain the
necessary easements therefor, and for the p1irpose of
constructing said street the sum of $2,283.07 be
appropriated and transferred from the Excess and
Deficiency Account.
NOW, THEREFOR, we, the undersigned, being a majority
of the Board of Selectmen of the said Town of Lexington,
duly elected, qualified and acting as such, do hereby
under and by virtue of the provisions of Chapter 79 of the
General Laws and of any and every other power and authority
us hereto in any way enabling, take the right or easement
to use for all the purposes of a town way for the use of
said town of Lexington, the land in said town bounded and Kendall
described as follows : Road
The northwesterly line of Kendall Road begins at a Highway
point in the southwesterly line of Marrett Road, said Order.
point being about 7 feet northwesterly of the southeasterly
terminus of a curve of 1457.69 feet radius in said south-
westerly line of Marrett Road, thence bearing to the right
with a curve of 21.81 feet radius distant 41.61 feet to
a point of tangency, thence south 56° 12 ' west distant
567.33 feet to a point. Said northwesterly line of Kendall
Road joins the northeasterly line of Farm Crest Avenue with
a curve of 30.00 feet radius and joins the southwesterly
line of Farm Crest Avenue with a curve of 25.00 feet radius.
:The southeasterly line of Kendall Road begins at a
point in the southwestlirly line of Marrett Road, thence
bearing to the left with a curve of 32.77 feet radius
distant 40.93 feet to a point of tangency, thence south
56° 12' west distant 592.64 feet to a point. Said
southeasterly line of Kendall Road joins the northeasterly
line of Farm Crest Avenue with a curve of 25.00 feet
radius and joins the southwesterly line of Farm Crest
Avenue with a curve of 30.00 feet radius.
The above described lines are parallel with and
distant 50.00 feet from each other with the exception
of the curved intersections at Marrett Road and Farm 'Crest
Avenue.
The above description is intended to conform to a
plan on two sheets entitled, "Plan of Kendall Road,
Lexington, Mass . , Scale 1 in. - 40 ft. , Sept . 26, 1934,
John T. Cosgrove, Town Engineer", which plan is on file
in the Town Clerk's Office in said Lexington and a copy
of which will be recorded with the Middlesex South
District Registry of Deeds with a copy of this order.
All trees, if any, upon the land taken are included
in this taking.
592
COO
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CD
Betterments are to be assessed for this improvement.
The area which it is expected will receive benefit
or advantage other than the general advantage to the
community from such improvement is described as follows:
The same being lands now or formerly of Heirs of
Niram: Rossman, Lizzie M. Porter & M. Evelyn Porter Brown,
Irving A. & Ethel-U. Rich, Edwin Sleeper, Ralph J. &
Josephine C. Young, Douglas D. & Mildred E. Sweetser,
Jenny M.Partridge, Irene S. Murphy, Caroline W. Parsons,
William A. & Minnie L. Coakley, Elizabeth Timothy and
Harriet R. Clarke, as shown on a plan entitled, ,Plan
of Kendall Road, Lexington, Mass. , Scale 1 in. - 40 ft. ,
Sept . 26, 1934, John T. Cosgrove, Town Engineer".
The said area comprises the several lots shown upon
the plan hereinbefore referred to , which are designated
in the schedule hereto annexed and made a part hereof.
We estimate the betterments that will be assessed
upon each parcel of land to be as shown in the schedule
hereto annexed and made a part hereof.
We determine that ho damages have been sustained and
none are awarded.
WITNESS our hands at Lexington aforesaid this sixth 1
day of August, 1935.
Charles E. Ferguson Selectmen
John E. Gilcreast of the
John A. Lyons town of
William G. Potter Lexington.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, August 6, 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 Selectmen and Public Works of the Town of Lexington,
before me,
Robert P. Trask,
Notary Public.
593
SCBEEULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING CR DER.
Approximate
Owner as of Jan. 1, 1935. Lot No. Assessment
Heirs of Niram Rossman 8 $205.14
Lizzie M. Porter & M.
Evelyn Porter Brown 41 180.88
Irving A. & Ethel U. Rich B _ 180.88
Edwin Sleeper 68 361.73
Ralph J. & Josephine C. Young 92 180.88
Douglas D. & Mildred E. Sweetser 93 95.38
Jenny M. Partridge C 198.94
Irene S. Murphy B 217.04
Caroline Parsons 91 175.00
William A. & Minnie L. Coakley 90 175.00
Elizabeth Timothy 89 175.00
Harriet R. Clarke P8 175.00
Letter was received from the Town Counsel enclosing a Needham
release of the obligation on the part of Harold B. Needham Water
and his wife on their water guaranty bond. The release Guaranty
settled the town's claim for the sum of 540.00, and the
Board voted to sign the release.
The Board signed the order fot the taking by eminent
domain of easement through Boston and Maine Railroad
property for the culvert at East Lexington, as follows:
ORDER OF
TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT
UNDER CHAPTER 263, SECTION 1 OF THE ACTS OF 1926.
WHEREAS, by Chapter 263, Section 1 of the Acts of the
year 1926, entitled, "An Act Relative to Improving the
Surface and Ground Drainage in the Town of Lexington and Easement
in Adjoining Towns, " the same being hereinafter referred to for
as "said Act", said Town was authorized among other things, culvert
to "take in fee simple or otherwise land or any right or at East
easement in land", for the purpose of surface and ground Lexingtox
drainage 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, 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
L
594 Grl
WHEREAS the Town Meeting of the Town of Lexington
at a meeting duly called and held on March 19, 1934 and
adjourned to March 26, 1934, adopted the following vote:
"Voted that the Selectmen be authorized and instructed
to provide for the disposal of surface drainage in East
Lexington, as recommended by Metcalf and Eddy, Engineers,
by constructing a drainage channel from a point in
Massachusetts Avenue, thence under the Boston and Maine
Railroad track and across Pottier Avenue to a point just
beyond Bow Street, and to take the necessary easements
therefor by eminent domain, and for the purpose of ,.said
drainage construction the sum of 024,000 be and hereby
is appropriated, of which $6,000 is to be appropriated and
assessed, and the Town Treasurer, with the approval of
the Selectmen be authorized to borrow the sum of $18,000
and to issue bonds or notes therefor payable in accordance
with the law. "
Public u
NOW THEREFOR the Board of Selectmen and P b e Works
of Lexington by virtue of the authority conferred upon
them by the aforesaid statutes and vote and of every other
power them thereto enabling, do hereby determine that the
drain hereinafter referred to is reasonably necessary
for the disposal of surface water and for the purpose
of providing better drainage, and do hereby take the
following easement in and under the land as shown on
a "Plan showing location line for Proposed Drain,
Lexington, Mass. , May 27 , 1935. , Scale 1 " - 40 ' .
John T. Cosgrove, Town Engineer , which plan is to
be recorded herewith in the Registry of Deeds for the
Southern District of the County of Middlesex, namely:
Beginning at a point in the center line of eisement
for culvert and in the Southerly Right of Way line of
the Boston and Maine Railroad 46.25 feet distant from
and at right angle to station 321/ 31.82 in the center
line of location of said Railroad, thence N. 45°-10'-42"
E. along the center line of said easement 49.38 feet to
an intersection with the center line of said Railroad at
Station 321 / 14.5, thence continuing on the same course
along the center line of said easement 38.71 feet
to the northerly Right of Way line of said Railroad.
The above easement is to be 30 feet wide, being 15 feet
on each side of the center line as above described, all
as shown on a plan entitled, "Plan showing location line
for Proposed Drain, Lexington, Mass. May 27, 1935 Scale
1" - 40' , John T. Cosgrove, Town Engineer, " which plan
is on file in the office of the Town Clerk of Lexington.
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,
595
dig up, open and use the land embraced within the limits
111 of the said private ways, as may be reasonably necessary
for the purpose of laying the said drains, 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 the surface
left in as smooth and good condition as at the time of
entry.
And the said Board having considered the question of
damages sustained ustained by the owners of land over and under
which the said easement has been taken, hereby determines
that no damages are sustained and no damages are awarded.
TO HAVE AND TO HOLD said easement to the Town of
Lexington, its successors and assigns, to its and their
own use and behoof forever,
IN WITNESS WHEREOF the undersigned members of the Board
of Selectmen and Public Works of Lexington have hereunto
subscribed their names this sixth day of August , 1935.
Charles E. Ferguson Selectmen
John E. Gilcreast of the
John A. Lyons town of
William G. Potter. Lexington.
COMMONWEALTH OF MAS ACHUSETTS
Middlesex, ss. iexington, Aug. 6, 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 Selectmen and Public Works of the Town of Lexington,
before me,
Robert P. Trask,
Notary Public.
The Chairman stated that there was an item on this
weekJs warrant which called for the payment of $31.00 Services
by the Tax Collector to the Town Clerk for services as of
Notary Public during the months of June and July. Notary
The Board voted to approve payment of the bill and Public.
to instruct all department heads that in the future all
papers are to be notarized by,the Supt. of Public Works,
it being understood that no charge is to be made for
this service.
596 tn
to
The following licenses were granted:
Henry S. Moody - Common Victualler 's - 130 Pleasant St.
Licenses John A. Sellars Dairy, Inc. - Pasteurization of Milk -
Concord Avenue.
Frederick K. Johnaon - Overhanging Sign - 39-41 Bedford St.
Letter was received from Richard Whittemore advising
Automobile that the automobile policy of insurance would come up for
Insurance. renewal on August 19th and he requested the continuance
of the placing of this business.
The Board voted to renew the insurance policy
through Mr. Whittemore's office.
The Chairman stated that fire insurance blanket
Fire schedule in the amount of $10,000. , which policy had
Insurance. been placed with George W. Taylor E Son, expired on
August 20th, 1935.
The Board voted to request this company to renew
the policy on a binder.
Letter was received from the Supt . of Public Works
Vines at stating that the Eunonymus vine on the front of the Gary
Library Library had been removed and he wondered what the Board
would think of the suggestion that plantings be made of
evergreen shrubs to supplement the vines and take away
the bare appearance of the front of the building.
Mr. David Hennessey recommended planting ten arbor vitae
which would cost about $4.00 each and five Japanese Yews
at $3.00 each, which would make a total cost of about
775.00, plus the labor Mr. Trask stated that if the
Board approved the general idea, he would discuss the
matter further with Sheldon Robinson when he returns
from his vacation.
The Board vas of the opinion that Mr. Trask should
talk with Mr. Robinson before doing anything further on
the matter and then follow out Mr. Robinson' s recommendation.
Letter from A report was received from Mr. Edwin B. Worthen with
Mr.Worthen regard to the condition of the old town records and urging
re copying the Board to give consideration to a P .A.A. project whereby
old town all or part of these records might be copied and
records. preserved. Inasmuch as the Board had voted at a
previous meeting to submit this work as an E.R.A. project,
no action was taken on the request.
Mr. Worthen also suggested that all existing volumes
of town records be collected in one place, preferably
Storage of placed flat on shelves with a roller curtain front.
old records. The town already has a case for this purpose which had
been installed in the vault in the old Town Hall. He
also stated that when the Cary Memorial Building was
erected, a vault was built for the use of the town and
he suggested that use be made of it at once by trans-
ferring such records as are rarely consulted to this
vault. He reminded the Board of the large space in
the basement of the Cary Memorial Building back of the
597
coat rooms which was provided as an overflow storage space.
The Board voted to take up with the Supt. of Public Works
the matter of removing some of the town records from the
town offices to the Cary Memorial Building.
The Supt. of Public Works reported informally Love,
that Mr. Donald Love claimed that he had broken a spring broken
when driving over the trench at the foot of Mass. Avenue spring.
and Winthrop Road, but inasmuch as no formal claim was
presented, no action was taken on the matter.
Supt. of Public Works stated that Mr. David H.
Govenar of 282 Mass. Avenue was violating the Zoning
By-Laws by maintaining a sign in front of his house Govenar
advertising his business . Mr. Govenar had written Zoning
the Building Inspector stating that he did not believe violation.
that he was violating the Zoning Law any more than the
Town was by maintaining the sign "Lisbeth Street - Private
Way", which was of identical material and just about the
same shape and size as his sign. He stated that he had
discussed the matter with the Town Counsel and would not
be offended if the matter were refdrred to him.
The Board voted to turn the matter over to the Town
Counsel to commence action against Govenar seeking to
enjoin him against maintaining a sign in front of his
house to advertise his business.
Supt. of Public Works reported that he had received
a request for the installation of two street lights on Street
Taft Avenue (Brick Village). Lights ox
The motion was duly made and seconded that an Taft Ave,
article be inserted in the warrant for the next Town
Meeting requesting the installation of these street
lights, and it was so voted.
The following bids were received on doing the re- Bids on
wiring at the Stone Building, East Lexington: re-wiring
John Moakley - *500.00 Stone Bldg.
Edward B. 0 Connor - 382.00
Although Mr. O'Connor was the low bidder, no
action was taken on the matter, it being decided to
refer it to the Library Trustees.
The Board signed a certificate of completion of Watertown
Chaptser 90 Work on Watertown Street. Street
The Supt. of Public Works reported that Lexington's New Met.
share of the cost of the new Metropolitan Sewerage sys- Sewerage
tech would be 139,000. System.
Letter was received from the Supt. of Public Works
advising that the completion of the 16" water main in
Mass. Avenue has resulted in a substantial increase of
pressure and elevation of water in the standpipe.
Previous to turning on the water in this main, the
amount of water in the standpipe at 7 A.M. was 89 feet .
Three days after the water was turned on, the amount of
598
teJ
water at the same hour was 97 feet, showing an increase (�
of 8 feet. Mr. T rask stated that this was about the
Water maximum we might expect to obtain inasmuch as the
elevation Arlington standpipe when full is 440 feet and Lexington
and can hardly expect to get a narrower ratio, taking into
pressure. consideration the loss due to friction and other
conditions over which we have no control. Tests made
in 1928 compered with test made Aug. 2nd of this year
showed an average increase of 8 pounds static pressure at
each hydrant. The elevation of the base of the Lexington
standpipe being 336 feet, the total elevation of the
water is now 433 feet, only 7 feet lest than the total
elevation in Arlington.
Supt. of Public Works reported that complaints had
been received on account of the cesspool on property owned
Leary by Bridget Leary at 136 Vine Street. Mrs. Leary had
sewer applied for a sewer service and the Supt. wished the
service. Board to decide if an entrance fee should be charged as
the connection would have to be made with the trunk line
sewer in the rear of the property. The cost of making the
connection itself would be approximately $150.00.
Mr. Trask stated that a similar condition existed in Maple
Street last year where an individual was forced to connect
with the trunk line sewer and that an assessment charge
had been made.
The Board voted the same charge be made to Mrs.
Leary as was made to the individual on Maple Street.
Supt 's. Supt. of Public Works ' reports for the weeks ending
reports . July 7th and August 3rd were received and approved.
The Board discussed the matter of the insurance
schedules as presented by Mr. Willard C. Hill and Mr.
Robert Whitney. The Chairman stated that he thought the
first thing to be decided was the specific amount of
insurance to be carried on each building. Mr. Gilcreast
stated that he had talked with Mr. Hill today and Mr. Hill
was practically ready to assure the town that the rate
would not be changed. The Board recalled that Mr. Hill
had called their attention to the fact that double
insurance on town automobiles wits being carried but that
Mr. Whitney had not mentioned this fact.
Mr. Whitney was called before the Board and he
stated that his figure of $368,505. was sufficient
insurance to carry on the High School. He stated that
there was a fire wall between the old and new buildings
and that for that reason a fire would never get enough
headway to result in a complete loss.
The Supt . of Public Works stated that Mr. Hill had
suggested that the town carry $21, 000. insurance on the ys,
cost of replacing records, plans, etc. of the Engineering
and Assessor 's Department, Library, School and other
records.
Mr. Whitney stated that under the Mass. standard form,
the Town could collect only the paper value of such
records and that he did not believe it was necessary to
599
carry this amount of insurance. He stated that in previous
appraisals the town was insured up to 100% but was not Piven
111 credit for this in the rate and that he thought this
credit should have been applied. He stated that any
variation in the existing schedule other than by the same Insurance
pdercent age on all buildings would mean a re-rating of
them by the New England Insurance Exchange and a
consequent rate increase of some ten percent. He stated
that he had been advised that the Exchange did not wish
to re-rate.
The Board thanked Mr. Whitney and he retired.
The Supt. of Public Works was instructed to contact
Mr. Rourke of the National Appraisal Co. and to get
his estimate of the contents as enumerated above and to
insure the contents up to 90% of the figure submitted by
Mr. Rourke.
The Board voted to abide by the vote passed at the
previous meeting to accept Mr. Hill 's formand to cover
under the new form as of whatever date agreed upon by Mr.
Hill and Mr. Trask.
Motor Vehicle Excise Tax Refund in the amount of Refund
$34.11 was granted by the Board.
Mr. Mitchell informed the Board that he had received G.C.C.
word that he could send to the C.C.C. camp, such boys Camp.
as had been registered with him and that on Friday, he
would probably send in five boys.
Mr. Mitchell stated that Robert R. Bradley of
Bridge Street had been receiving $4.00 per week on Old
Age Assistance and the Bureau reported that the case would Bradley
be closed as of August 1st, 1935. Mr. Bradley' s daughter, case.
a school teacher, lives with him and contributes to his
support. In thewinter, Mr. Bradley sells candy, but
cannot do this in the summer as it does not keep.
The Board voted that the action of the Bureau of Old
Age Assistance in closing the case as of August 1st be
approved.
Mr. Mitchell reported that Miss Alice O'Brien of
5 Sherman Street, 61 years of agd, rents an apartment from
Emily Deveau and had had two teachers rooming with her in O'Brien
past four winters and has another room for rent. At the case.
present time, she has sufficient money to live on but she
wanted a little help so that she might be provided for later
on when she was unable to take roomers. Mr. Mitchell
recommended that no help be given Miss O'Brien until she
was in need of money and the Board voted to approve the
recommendation.
Mr. Mitchell reported the death of Mrs. Letitia Otis
of Mass. Avenue who had been receiving Old Age Assistance. Otis
He had received a bill from Mr. Marshall, undertaker, in case.
the amount of $179.30 and he reported that under Old Age
Assistance, the amount for funeral expenses could not
exceed $100. and of this amount the town would be
L
600 cn
tO
reimbursed one-third by the State. Ct
The Board approved payment of $100. on the bill.
Mr. & Yrs . Charles E. Pratt, formerly of Billerica,
Pratt had been living with the Otis 's and had applied for
case. aid. The Welfare Agent requested the Board 's
approval under the Public Welfare law to aid the Pratt 's
in an amount not to exceed $10. per week, and the Board
voted to approve the measure.
Mr. Mitchell reported that Miss Emma Cunningham,
Cunningham who has been receiving Old Age Assistance, holds a
ease. mortgage loan in the amount of $700. which will come due
in September of this year. She had wanted to give $500.
of this money to her sisters to help them, but the State
will not approve this and will consider the case closed
when she receives the money and until the amount is reduced
to $300.
Mr. Mitchell reported that Mrs. Melvina Paris, who had
Paris been living with her daughter at 84 Valleyfield Street,
case. had taken creolin last Friday and had been rushed to
the hospital. She refused to come home from the
hospital and Mr. Mitchell told the daughter that she would
have to cbme home and she finally did. Application for
Old Age Assistance for Mrs. Parisad been received
and the Welfare Agent recommended that aid not to exceed
$4.00 per week be given and the Boardvotedto approve
the recommendation.
The meeting adjourned at 11:15 P.M'
A true record, Attest:
Za-wr
Clerk.
It