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HomeMy WebLinkAbout1935-08-06j 1 SELECTMEN t S R9EETING AUGUST 6, 19350 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 understanding of the Club that it would not be able to sell tickets for the three lectures to be held in October, November and December due to the fact that the minimum charge was being made for the use of the hall. Mrs. E113s requested'.that the Club be allowed to sell guest tickets 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 sellguest 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. Dai ley D Mary A. Rowland D Bartlett J. Harrington D Donald Cameron R George E. Foster R Frank A. Cook, Jr. R Alfred Hayward R Mabelle S. Peavy Prscinct Two. Warden Deputy Warden Inspector Deputy Inspector Inspector Deputy Inspector Clerk Deputy Clerk 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 579 Use of hall for lectures by Lex. Outlook Blue . Election Officers. Election Officers. Precinct Four R Precinct Three. Warden R Harvey Winlock Warden R Bessie G. Davis Deputy Warden R Fred Tullar Inspector R Emma Hovey Deputy Inspector D Charles E. Moloy, Jr. Inspector D James L. McKenzie Deputy Inspector D Timothy Kinneen Clerk D James M. Ahern Deputy Clerk Precinct Four R Howard Custance Warden R Frederick S. Britton Deputy Warden R WilliamHE. 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 $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 madd 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. 1 1 1 Letter was received from the Town Clerk to which was ' attached writ of attachment on account of Edgar F. and Emily R. Scheibe vs. Inhabitants of the Town of Lexington 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, was the juror 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. 4 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 years in order to pay all of the obligations of the $20,800,000. bond issue, including interest. He stated that the average payment for the ten years amounted to $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 Bond Issue. He stated that the new bond issue would not mean a cent of inerdased taxes to any city or town in the Commonwealth for real estate or any other taxes. The -Slaughtering Inspector's report for the months 'of May, June and July were submitted and approved. Letter was received from Mr. J. Warren Kilham, Jr., stating that he had been advised that at the Town Meeting held on July 22nd, Article 25, having to do with the Zoning Law and the removal of loam, etc., was by unanimous vote indefinitely postponed. Mr. Kilham stated that inasmuch as it was not the temper of the Town Meet- 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 aim 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. 581 Scheibe case. Jurors Drawn. Letter on payments for bond issue.. Slau ghteriig Reports. Letter from Mr. Kilham re removal of loam. 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 imrediate sanatorium treatment was advised. The letter stated that application 582 for her admission to the Sanatorium had been mailed to Dr. Barnes and the Boatid 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 o? 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 oitt 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 unwarrQnted 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 there more than three cabs there, ar_d,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 spaces that there are Taxi Companies in the Town. 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 -road and although driving very slowly, a spring in the front of the car was broken. Mr. Southall went at once to the Police Station and reported the accident and then went to the.g$rage 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. thanking the Board for the license recently granted over 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 UNDLR CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED. BLAKE AVENUE (From Edgewood Road a distance of approximately 170 ft.) IMREAS, 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 emotion 1 of said Act; and ' WMREAS said Town of Lexington duly accepted said Act in the manner provided therein; and 583 Parking Survey. Southall dlaim for damages to car. Letter of thanks. Blake Ave Sewer Order. BLAKE Ave. Sewer Order. 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 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 pursixant 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 day 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 7MEREAS, the location adopted for said sewer is shown f 1 1 585 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. 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, herdnafter 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. 586 al 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. COMMOTUF,ALTH 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. PtLnde c.verally acknowledged the foregoing instrument bibed 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. SCHEDULE OF ESTIMATED BETTERMENY'&':1 REFERRED TO IN THE FOREGOING ORIIER. BLAKE AVENUE (From Edgewood Road a distance of approximately 170 ft.) Owner as of Jan. 12, 1935. Lot No. Assessment , Hallie C. Blake 1 $365.00 The Board domain of Farm Road a distance I Middlesex, ss, signed the order for the taking by eminent Crest Avenue, from Waltham Street to Stedman of approximately 1420 feet, as follows: CONIONWEALTH OF MASSACHUSETTS 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 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 ' 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 $8.4964.45, 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 bbher 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. 587 Farm Crest Ave Highway Order. 588 The southwesterly line of Farm Crest Avenue begins 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 480 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 exedption 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 Clerk1s 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 Gossi, 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. Corrman,'Claience E. & Catherine M. McElman, Lawrence A. & Eleanor T. Husted, Sarah L. Hatfield, John Perry, Jr., William D. Laundrie, George V. & Norah G. Hunt, James 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. Wilson., Caroline W. Parsons, Charles J. & Margaret F. Martih, 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. 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, as, 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 aidd Public Works of the Town of Lexington, before me, Robert P. Trask, Notary Public, SCHEDULE OF ESTIMATED BETTERMENT'S REFERRED TO IN THE FOREGOING ORDER. Owner ag of Jan. 1. 1935. Lot No. Appromitt6te Assessment. Robert Gozzi Ralph E. & Florence V. Irene M. Ryan Vere C. Champlin Frances A. Ryan Warren S. Grant Thomas & Katherine H. Jeanette B. Fountain 27 Cox 28 29 30 31 32 Wal sh 33 Marguerite B. Comman Clarence E. & Catherine Lawrence A. & Eleanor T. Sarah L. Hatfield John Perry, Jr. William D. Laundrie 34 35 36 M.MeElman 37 Husted A A 44 45 46 George V. & Horah G. Hunt 47 James A. Bailey ' Arthur E. & Emma R. Loc Thomas J. Doherty Charlotte L. & Helen G. Florence L. Richards 48 49 50 e 51 & pt. 52 53 & Pt. 52 Murphy:' 54 57 0175.00 175.00 175,00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 175.00 392.42 442.62 175.00 175.00 175.00 17 5. 00 175.00 175,00 175.00 262'. 50 381.18 342.93 175.00 590 Farm Crest Ave. (Cont) Appraximate 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 x.75.00 62 175.00 63 175.00 Elizabeth E. & Foster W. Higgins 64 175.00 65 175.00 Harry IN. Pierce 66 175.00 Alice A. Wilson 67C> 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 74 175 000 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 1 1 certain plan on file in the office of the Town Clerk, dated Sept. 260 1934, and to take by eminent domain the necessary easements therefor, and for the p1rpose 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 described as follows: The northwesterly line of Kendall Road begins at a point in the southwesterly line of Marrett Road, said 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 560 121 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 southwestdrly 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 560 121 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, 1934s 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. 591 Kenda 11 Road Highway Order. 592 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 Browns, 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 Timoth aid'' Harriet R. Clarke, as shown on a plan entitled., PPlan 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 determinethat =h6—damages have been sustaiiidd land 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 and Public Works of the Town of Lexington, before me, Robert P. Trask, Notary Public. 1 1 593 SCHEaME OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING CEDER. 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. Mich 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 1. 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 $40.00, and the Board voted to sign the release. The Board signed the order for 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 refereed to for as "said Act", said Town was authorized among other things, culvert to 'Rake 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 eleeted--qualified and acting Board of Selectmen pursuant to law and the provisions of the Acts hereinbefore referred to, and 594 01 LOD c� 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 Fottler 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." NOW THEREFOR the Board of Selectmen and Public 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 1. 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 easement 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. 450-101-42" 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" - 401, 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, 1 595 dig up, open and use the land embraced within the limits of the said private ways, as may be reasnnahly 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 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. COMMON":JEALTH OF MASSACHUSETTS Middleszx, ss. 3,exington, 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 week•*s 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 Licenses The following licenses were granted: Henry S. Moody - Common Victualler's - 130 Pleasant St. 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 $10,00011 which policy had Insur m ce. 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. C iJ Letter was received from the Supt. of Public Works Vines at stating that the Eunonymus vine on the front of the Cary 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 $75.00, 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 W.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 C iJ 1 597 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 teench 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 Ghap�eb 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 tedh would be x39,000. 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 Supt. of Public Works reported that complaints had n Leary by Bridget Leary at 136 Vine Street. Mrs. Leary had sewer Cn 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 $150.00. water at the same hour was 97 feet, showing an increase (� of 8 feet. Mr. Trask stated that this was about the had been made. Water maximum we might expect to obtain inasmuch as the elevation Arlington standpipe when full is 440 feet and Lexington reports. and can hardly expect to get a narrower ratio, taking into pressure* consideration the loss due to f riction,and other conditions over which we have no control. Tests made in 1928 compared with test made Aug. 2nd of this year showed an average increase of 8 pounds static pressure at each hydrant. The elevation of the base of the Lexington standpipe being 336 feet, the total elevation of the water is now 433 feet, only 7 feet les$ than the total elevation in Arlington. 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 change4. 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 $2!(,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 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 change4. 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 $2!(,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 carry this amount of insurance. He stated that in previous appraisals the town was insured up to 100% but was not Piven 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 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. T'he 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 form and 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 $34.11 was granted by the Board. Mr. Mitchell informed the Board that he had received word that he could send to the C.C.C. camp, such boys as had been registered in th 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 B ureau reported that the case would be closed as of August lst, 1935. Mr. Bradley's daughter, 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 lst be approved. Mr. Mitchell reported that Miss Alice O'Brien of 5 Sherman Street, 61 years of age, rents an apartment from Emily Deveau and had had two teachers rooming with her in past four winters and has another room for rent. At the 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. He had received a bill from Mr. Marshall, undertaker, in 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 599 In sur an ce Refund G.C.C. Camp. Bradley case. O'Brien case. Ot is case. 1 Pratt case, reimbursed one-third by the State. The Board approved payment of $100, on the bill. Mr,. & Yrs. Charles, E. Pratt, formerly of Billerica, had been living with the Otis+s and had applied for aid. The.Welfare Agent requested the Board's approval under the Public Welfare law to aid the Prattfs in an amount not to exceed $10. per week, and the Board voted to approve the measure. hospital and Mr. Mitchell told the daughter that she would have to come home and she finally did. Application for Old Age Assistance for Mrs.--Parisad been received and the Welf are Agent recommended that aid not to exceed $4.00 per week be given and the Board -,voted to approve the recommendation. The meeting adjourned at 11;15 P.Me A true record, Attest; w Clerk. W r i 1 Mr. Mitchell reported that Miss Emma Cunningham, Cunningham. who has been receiving Old Age Assistance, holds a ' case, 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 come home and she finally did. Application for Old Age Assistance for Mrs.--Parisad been received and the Welf are Agent recommended that aid not to exceed $4.00 per week be given and the Board -,voted to approve the recommendation. The meeting adjourned at 11;15 P.Me A true record, Attest; w Clerk. W r i 1