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HomeMy WebLinkAbout1935-08-201 Mary Hauch re: Claim for Damages, SELECTMENIS MEETING AUGUST 20, 1935. A regular meeting of the Selectmen was held in the Selectmen's Room, Town Office Building, at 7:15 P. M. Messrs. Ferguson and Potter were present. The Clerk was also present. Mrs. Mary D. Hatch of Watertown Street appeared before the Board to discuss details in connection with the reloea- tion and construction of Pleasant and Watertown Streets across her property. Mrs. Hatch stated that if the State road had not come through her property she would have thought that the relocation of the above named streets would have been a benefit, but now that, the streets have been relocated, she did not think so, the town has been working on her brook and Mrst Hatch stated that it was in a desolate condition, The Town has also taken her wood and she considers that she has been very considerate with the Town. Mr. Trask asked her if she considered that the Town had damaged her pond any and she stated that she did not believe so. Mr. Potter asked if the State took into consideration the fact that her land between the Concord Highway and the new relocated road had been damaged and she stated that the State did not. The Chairman asked Mrs. Hatch if she did not have plenty of depth in the triangular piecebounded by the Old and now Watertown Streets and the new highway for a double row of houses. Mrs. Hatch replied that she supposed she id but that she did not believe that people would want to wild on the land in that fashion. She has sold to Neil H, Borden a parcel of land containing 10,000 square feet for which she received $200.00. She stated that she be- lieved that the small triangular piece at the junction of old Pleasant Street and the relocated Pleasant Street would be of no value except for a filling station but that she had no idea of asking for a permit to erect one. Mrs. I- Hatch stated that before her other land damage case went to trial, she asked a former Assessor what the mean value of her best land between the old and new Watertown Streets that the State took, would be, and she was informed that it ro'.ld be worth between $300. and $400* per acre. She was now asking for a value based on the mean value of the land, say $350. per acre, plus about $190, per acre. The assessed value of the land taken at the present time is $190, and Mrs. Hatch stated that she would like the Town to pay her $750* for the property. The Board informed Mrs. Hatch that they would take the matter under consideration and she retired. 1 Mary Hauch re: Claim for Damages, At 7:50 P. M. hearing was declared open on the appli-° cation of Ivar D. Johnson to maintain a one car garage .Johnson under the house at lot #88 Cary Street. The notice of the Garage hearing was read by the Chairman. Mr. Johnson appeared Hearing* and presented plan of the garage. No persons appeared in opposition, and it was voted to approve the application subject to the approval of the Building Inspector, (by Mr. Ferguson and Mr. Potter,) Letter was received from the Town Treasurer asking authorization of the Board to accept bids in anticipation Revenue of revenue for the amount of $150,000., the bids to be Loan. opened Sept. 3rd, 1935, notes to be dated Sept. 4th, 19355 and payable $75,000. January 30, 1936 and $75,000. March 269, 1936, The Board voted to grant the Town Treasurer author- ization to accept bids in anticipation of revenue for the amount of $150,000, bids to be opened, notes to be dated and made payable as listed above. Joint Hear- ing on Bradley Application for Gaso- line Sta- tion. Joint hearing before the Board of Selectmen and Board of Appeals was declared open upon the application of Mr. Charles E. Bradley, Jr., to maintain a gasoline filling station at the northwest corner of Marrett Road and Wal- tham Street. The notice of the hearing to be held before the Board of Selectmen was read by the Chairman. The Clerk of the Board of Appeals read the notice of the hearing to be held before the Board of Appeals. Mr. Charles E. Bradley, Jr., applicant for the permit stated that he has the property on this corner under lease with option to buy. He has a coneldiard3le investment in the property at the present time and he would like the gasoline station in order to increase the revenue. He stated that the location was in the business zone and he believed that an additional station would not hurt any- �pg;j$shgtside a I$M �tuham®d on streethonetheel17 abut -of ting the roadside stand. The station would be a fireproof building, 32 x 24 feet, built of cement block and probably would have a stucco finish. There would be an enclosed lubricatorium and three gasoline pumps. The Chairman of the Board of Appeals asked how far back from the street line the pumps would be, and he was advised- that they would be - fifty feet back from th . atreet, probably more. He then asked if there were any pla`i of the proposed station and he was advised that there were three sets of plans available but Mr. Bradley had neglected to bring them with him. Mr. George F. Swanson stated that he lived about 300 feet from the proposed building and he had talked with his neighbors, none of whom objected and he saw no objection whatsoever to having a station at this corner and he felt that an additional station, probably a fourth station, was needed. Mr. Clyde Steeves stated that there were no gasoline 1 1 'stations on the right hand side of Route 128 from the Wo-' burn line to this point. He knew the two young men who were to run the station and he thought that they would thm it very efficiently. Mr.-Steeves lives 6h Hill Top Avenue and he had canvassed his street, Kendall Road and Farm Crest Avenue and there was nobody in his neighborhood who objected to the granting of the permit. Mr. Marshall Tebbetts stated that he owned a house on Waltham Street near the corner of Marrett Road and he also operated the Mohawk Spa and he thought that another gasoline station would not do any harm and would like to see a permit granted. Mr. Earl Scribner, one of the men Yhom Mr. Bradley was going to employ to operate the station, stated that he thought the type of building contemplated would greatly improve the property as a whole. He stated that he had called on most of the property owners in the vicinity and practically all of them were in favor of the station. He has been employed at the Janney gasoline station on the opposite corner for the past three years. He stated that Mr. Bradley's land ran about 200 feet from the corner of Marrett Road to a culvert. The Waltham Street entrance would be about 15 feet from the culvert and the other side of the station would be all open. Mr. Russell Hinckley stated that he was at the hearing to represent his mother who was ill and that his mother owned property on the northeast corner of Marrett Road and Waltham Street and that she was opposed to the granting k of the permit for the reason that she felt that two gaso- line stations on a corner were sufficient. He stated that there_ was a stand already in business across the street from him and could be seen very plainly from his house. He stated that he thought nobody would want to buy property on a corner which was full of gasoline stations. Mr.V4VP T. Hinckley, husband of Mrs. Hinckley, stated that he had lived here for the past ten years. He would like a as it is at the present time, to see the corner stay He did not see why a man such as Mr. Bradley should come from out of town and get a permit for a gasoline station,** Mr. Gordon S. Bird, a representative of the Standard Oil Company, stated that he objected to the statements made previously to the effect that there was enough busi- ness on the cornerfbr another gasoline station.. He stated that the opening of the new Concord Turnpike had taken away a great deal of business and his company objected to the granting of the petition. Mr. John McIntyre, a representative of the Sun Oil Co., stated that it was his companyts opinion that there was enough business on the corner for another gasoline station. His company proposed to erect a pure white building and attendants would wear white. His company would not consider going into any location that would not be lucrative to the company nor erect a building that woilld The Chairman of the Board of Appeals read a e er from . Henry Saarm of IN. Medfield, Mass., who owned a of w1thin the affected area. Mr. Saarm objected to the granting of the permit. L 4 Cn not be an asset to the community, He stated that there were approximately 250,000 gallons of gasoline sold on the corner in the course of a year and he thought the sales would increase in the future.. Mr. Scribner stated that in regard to Mr. Hinckley's opposition, he could not see why another building built around the corner and almost in the rear of the present one, should be objectionable to the Hinckley's. Mr. Kimball asked if a traffic count had been made and Mr. Scribner stated that there have been five counts made in the last three years and that the traffic on Route #128 exceeded the traffic on Route #2 by far. A count is now being made and the figures will be available this week. He stated that the traffic on Route #128 was heavier now than in the past three years. No other persons wished to speak in favor or in op- position and the hearing was declared closed. At 8:40 P. M., a representative of the Wolcott Realty Co. appeared before the Board with reference to that companyts application for permission to maintain a one car garage of frame construction at lot #D Hancock Street. The hearing on the maintenance of this garage was scheduled Wolcott for 7:45 P. M., but the representative stated that he was Garage unable to be here at that time, The notice of the.hearing Hearings was read by the Chairman, A plan of the garage was shown, and as no persons appeared in opposition, Mr. Ferguson and Mr, Potter voted to grant the application subject to the approval of the Building Inspector. At 8:45 P. M., an informal hearing was declared open Informal on the acceptance of Moreland Avenue and Swan Lane. Hearing on Mr, Henry Flynn of Oakland Avenue stated that he had Acceptance talked to quite a f ew of his neighbors in the bicinity and of Moreland they all wanted to have Moreland Avenue from Fern Street Ave. & Swan to the foot of Oakland Avenue, accepted. Lane. Mrs. Bridget Leary appeared before the Board with re- ference to her property on vine Street, The Board of Health had received a complaint because of an overflowing cesspool on the property. Mrs. Leary stated that she was Leary and willing to connect with the sewer rather than have.any Kinneen mor® -trouble over the matter. She stated., however, that Property, the had always had trouble with the Kinneen_family living Vine Street. next door and that was.the reason the complaint had been made. She informed the Board that Mrs, Kinneen's brother was living in a small shack in the.rear of the Kinneenre house and that there were no facilities of any.kind in the shack and bhe'thought that the Board should investigate the matter, The Chairman advised her that both the Building and Health Inspector would be sent down.to investigate the matter and report on it. At 8:45 P. M., an informal hearing was declared open Informal on the acceptance of Moreland Avenue and Swan Lane. Hearing on Mr, Henry Flynn of Oakland Avenue stated that he had Acceptance talked to quite a f ew of his neighbors in the bicinity and of Moreland they all wanted to have Moreland Avenue from Fern Street Ave. & Swan to the foot of Oakland Avenue, accepted. Lane. ro 5 Mr. John A. McIntosh of Moreland Avenue stated that he would like to see something done. In the winter even the doctors refused to visit the houses and it is almost impossible to drive a car over the roads. He stated that his plan was to have the P.W.A. furnish the labor and the Town to furnish the material for the construction of the streets. Mr. James McKenney stated that it would be necessary to construct Moreland Avenue a total distance of 2278 feet (which contains six houses), Williams Avenue a distance of 478 feet and containing one house, Oakland Avenue, a distance of 1008 feet containing six houses, Swan Lane a distance of 523.7 feet containing one house, and Rock- ville Avenue a distance of 933 feet containing two houses. There is a total of sixteen families and he wanted to know if the total cost of construction would be divided among these sixteen familiesp or if each abutter would have to pay his proportionate cost. He stated that he did not believe that the property would develop; much in the im- mediate future as only three houses had been built in the past ten years. The Chairman advised Mr. McKenney.that each abutter would have to pay a betterment assessment. Mr. John J. Donovan, owning property on Moreland Ave- nue, asked the Chairman if the P.W.A. would put in the streets without cost. The Chairman advised him that he knew nothing about unaccepted streets being constructed by the P.W,A. Mr. Donovan asked the Chairman what .t:?rodVdure-" would be necessary in order to get the streets accepted. The Chairman advised him that a Board of Survey hearing and layout would have to be applied for and then the Town would have to accept the streets at a Town Meet- ing and then the next step would be for the Town to con- struct the street. Mr. McKenney asked if there would be any difference in the cost of these streets and the cost of a main street and the Chairman replied that there would be very little difference in the cost. Mr. McIntosh inquired if the town would allow the citizens in the neighborhood to use the town equipment to build the streets and to purchase the necessary materials through the town and allow the citizeantOdD the work them- selves. He was advised that this had never been done be- fore and it was very doubtful if it would be allowed. The Chairman advised that the first thing to do would be for the citizens to make application for a Board of Survey hearing and layout. The hearing was declared closed at-_9:15 P. M. The Supt. of Public Works reported that he had received an application from Mr. Michael Tierney for the extension of a water main to lot #45 Rockville Avenue. He stated 6 CR At 9:15.P. M. hearing was declared open upon the application of the Edison Electric Ill. Co. to erect and Pole maintain one pole on the Cambridge -Concord Highway near Location. Watertown Street. No persons appeared to object, and Mr. Ferguson and Mr. Potter voted to approve the applica- tion, same having been approved by Mr. Lyons previously. that Mr. Tierney has already paid $211.84 on a water guaranty but has never been connected with the town water , system. He has now built a house and would like servioe. The water betterment on this lot would amount to $54. Water Ex- and Mr. Tierney is willing to pay this amount, but the tension, Supt, recommended that he not be charged any betterment Tierney, assessment due to the fact that he had already paid such Chapter go* a large sum on the water guaranty. The Supt. recommended further that other abutters who had not paid a water I" guaranty but who would be benefited by the extension, be charged the regular betterment assessment. Mr. Ferguson and. Mr. Potter voted to approve the Supt's. recommendation that Mr. Tierney and two others who had paid their water guaranty be charged no betterment assessment of any sort, but that the other abutters be charged the regular betterment assessment. At 9:15.P. M. hearing was declared open upon the application of the Edison Electric Ill. Co. to erect and Pole maintain one pole on the Cambridge -Concord Highway near Location. Watertown Street. No persons appeared to object, and Mr. Ferguson and Mr. Potter voted to approve the applica- tion, same having been approved by Mr. Lyons previously. 1 Letter was received from the Town Accountant stating that on May 28th, the Dept. of Publie.Works informed this Town of an allotment of $9562,50 for Uighway Construction, Pleasant and Watertown Streets under hapter 90. The Town made an appropriation of $10,000. for the project and L12 oo0 ends further allotment b the Commonwealth Mr. Russell oan,-•-, set aside the amount of $6375, for the Town allotment and Chapter go* reserved the balance amounting to $2635. The balance as of this date is $1223.98 and after discussing the matter with Mr. Trask, the Accountant suggested that the sum of $12,000. be borrowed. Upon motion of Mr. Potter, both he and Mr. Ferguson voted in favor of authorizing the Town Treasurer to receive bids on a loan of $12,000. in antici- pation of reimbursement from the State and County on the Pleasant and Watertown Streets construction job, the bids to be received on Tuesday, August 27th, 1935, and notes dated August 28th, 1935 and payable December 31st, 1935, An E.R.A. project was submitted to the Board for approval. The project was for the deepening and widening III of Mill Brook from East Lexington railroad station to the Arlington Town line, and connecting by a culvert under the E.R.A, railroad tracks with Sickle Brook, a total distance of Project, 3740 feet. Excavating and spreading earth, rip -rapping Mill Brook, the bottom and -sides, erecting a retaining wall, grading the banks and adjacent land, covering the adjacent land with loam, and seeding the same. The total estimated cost of the project is $51,294. of which:it is estimated the Townts'share will amount to $11,199.00. The Chairman reported that he had received a telegram from Arthur G. Rotch, Administrator W.P.A. stating that 1 1 1 W. P. A project proposals must be submitted immediately and that commitments of municipal funds might be regarded as tentative subject to later adjustment and that this item, should not be allowed to delay submission of project pro- posals. In view of this fact, voted to approve this E.R.A. for additional money for the future time if necessary. Mr. Ferguson and Mr. Potter project and to ask the Town Mill Brook project at some. I9 Letter was received from the Town Clerk concerning the Board's vote of August 6th that Mr. Trask serve as Notary Public without charge for all papers requiring such services. Mr. Carroll stated that he understood that this decision was the outcome of a recent bill presented -by him for $31.00 for such cervices performed as Justice of the Peace. He stated that he was very much surprised in regard to Mr, Trask's decision to perform his Notary Public service without charge because it was upon his suggestion that as soon as Mr. Carroll started charging for his services, that he would do likewise. Mr. Carroll stated that if for any reason Mr. Trask decided to change his mind, he thought it would have been better if he told him and the bill would not have been presented, and he would not have been misled in the manner in which he was. Under the-eireumstanees, Mr. Carroll returned the check to the Board to do with as it saw fit. He also stated that he was willing to perform his services as a Notary Public and as a Justice of the Peace without charge, the same as he had been doing for the past four years, He stated that in fairness to him, he believed that each department should be notified that he too would perform these services free of charge, Mr. Ferguson and Mr, Potter voted to notify the head of each department that either Mr. Trask or Mr. Carroll would perform services as Notary Public without charge. Letter was received cheater stating that he was of the Board in refusing to his car caused by striking No action was taken from Arthur Southall of Dor. disappointed with the action reimburse him for damages to a hole on Pleasant Street, on the letter. Letter was received from thb E.R.A. Administrator enclosing a letter received from the Chief Field Engineer of the E.R.A. The letter stated that the Clematis Brook project was approved on April 6, 1935 with the understand- ing and promises by the Town that a drag line crane would be furnished for 45 days together with eight trucks.. To date the crane has not been in operation. On May 6th the project was approved for the inclusion of two gasoline shovel operators. The letter stated that if the shovel was not on the project by Tuesday, August 20th, and kept there in accordance with the Town's agreement, -that the project ti Carroll re: Services as Notary Public. Letter re: Southall Damages. Complaint re: E,&.A, Project. Letter was received from the Planning Board stating that in view of the unfavorable action taken by the Legis- lature on the so-called Concord Turnpike Bill, and in view of the great need for guarding the public safety and wel- fare on this road, the Planning Board was of the opinion that the Town should take some further action in regard to protecting this highway and future highways in the Town. y �r would be closed down and no further work would be allowed to be done. It stated further that the work in this location has been in operation for almost a year with a great deal of money spent and not one foot of the brook completed. The local E.R.A. Administrator submitted a letter under date of August 20th which stated that in accordance with instructions received from the Chief Field Engineer, Mr, white, the job was being closed down at the close of business today. The Supt. of Public works reported that the reason that the shovel was not down on the E.A.A. project was that it was being used elsewhere and he thought it best to work the shovel rather than have it loafing on the E.R.A. project. He had written Mr. white to the effect that if he would assure the Town that men would be available by Sept. lst, 1935 that the shovel would be put down on the job, and as yet he had not had a reply from Mr. `-Vhite. Letter was received from the Chairman of the Planning Board stating that that body had given careful consider- ation to the proposed location for the so-called circumfer- ential highway. He stated that at a recent conference with the Board, Mr. Cosgrove presented plans showing in Proposed tentative form the route which he suggested. The Planning Circumferen- Board thought that the route which Mr. Cosgrove thinks tial Highway. feasable was in its essential elements about right. The letter stated that other studies to be made were: where and how the road should pass at or near the Goll' Links,, the railroad and Bedford Street and in particular the Loard Lowell Turnpike. The Planning thought that the Town Engineer should proceed as rapidly as possible to make all the studies necessary and to perfect his plan so as to show in detail how the route is to cross the railroad, Bed- ford Street and the Lowell road and then present it to the Planning Board and the Selectmen so that both bodies can recommend a definite location as shown by the Towns own plan. The letter stated that immediate action on the mat- ter would be greatly appreciated. The Supt. of Public works reported that the Engineers are very busy at the present time and he did not believe that they would be able to do anything on the suggested work right away. It was decided to hold the matter over for one week. Letter was received from the Planning Board stating that in view of the unfavorable action taken by the Legis- lature on the so-called Concord Turnpike Bill, and in view of the great need for guarding the public safety and wel- fare on this road, the Planning Board was of the opinion that the Town should take some further action in regard to protecting this highway and future highways in the Town. ' To th s end, the Planning Board proposed giving considers= tion o an amendment to the Zoning By-law providing for at least a deeper set -back than is provided for under the existing By-law, The letter stated that the Planning Board would "appreciate any view of the Board of Selectmen on this or any other aspect of the situation. No action was taken on the matter. Letter was received from Raymond F. Hooper of 209 Washington Street, Boston, stating that he was interest- ed in the purchase or lease of the Mohawk Club on Cary Avenue. He had been informed by Mr. Ryder that this prop- erty had been re -zoned to a strictly residential zone. Mr. Hooper was interested in the property for the purpose of running a high-grade inn. He is at the present time in the hotel business and for the past three years has been manager of the Ambassador Hotel in Cambridge. He is .a member of the Mass. Hotel Association and believes that this property could be turned into a high grade inn and winter resort which would be a credit to the Town. He is not interested in a liquor license of any type, Mr. Hooperstated that he would like to talk with the Board and the abutters of the property and if he did not obtain the backing of the Board and the residents of Lexington, he would not ennsider renting the property. He requested that he be advised of the Boardts feeling in the matter. The Chairman stated that neither the Board of Select - .men nor the Board of Appeals had any jurisdiction over the granting of licenses for eating places in a residential area and that he would write Mr. Hooper that in order to get permission to maintain an inn such as.he suggested, it would be necessary to have the Zoning By-law changed. Letter was received from the State Commissioner of Public Health with a copy of a letter which had been writ- ten by.Mrs. William H. Hannam of 23 Lincoln Street com- plaining of the conditions on the premises of H. C, Grieves of 16 Audubon Road.. Mrs. Hannam stated that the local Board had refused to do anything on the matter and that the Health Inspector had told her last summer that condi- tions were very bad but that as he was dependent on the Selectmen for his job, he had to write a report favorable to them. The State Commissioner had advised Mrs. Hannam to refer the matter to the County Commissioners. . The Health Inspector made an investigation of the complaint on August 16th and stated that the dog house was kept clean and that the yard was clean and that lime was used for a disinfectant. He did not see any flies and it was necessary to come very close to the yard to notice any odor at all. He stated that somebody else would get the odor if it were very noticeable. He stated that as far as he could learn, there was some feeling between Mr. Grieves' family and the Hannams and that was the cause of all the trouble. No action was taken on the matter. 0 Planning Board re: Set -back or Concord Turn- pike. Use of Mohawk Club as Inn. Hannam Complaint re: Grieves Dogs. 10 An anonymous letter was received concerning use of the Town automobiles for private use. The letter stated -Use of Town that young women were using the Town cars to make trips Cars* to and from Maine and New Hampshire and that there was too much joy riding going on locally by those who should use these cars for official business only. No action was -taken on the matter. Letter was received from the American Oil Products Co. stating that the State Commissioner of Finance and Letter re# Administration had awarded that concern the contract for Asphaltic all asphaltic emulsions to be used during the calendar Emulsions. year. The letter stated that if the Dept. of Public Works desired to use asphaltic emulsions that the company would be pleased to give the Town the benefit of the State contract price. Watertown St, The Town Clerk presented a County Commissioners order Order, on the relocation of Watertown Street which order was dated August 6th, 1935. The following bids were received for repairs and alterations at the Store Building, East Lexington: Walter G. Black $1032. Bids for Custance Bros., Inc. 1098. Work on Mr. Ferguson and Mr. Potter voted in favor of award - Stone Bldg. ing the contract to Mr. Black, he being the lowest bidder. The Board considered the bid of $382. submitted by Edward B. O'Connor and the bid of $500, submitted by John Moakley for the rewiring of the Stone Building, and Mr. Ferguson and Mr. Potter voted in favor of awarding the contract to Mr. O'Connor, he being the lowest bidder. Application was received from the Edison Electric Pole Ill. Co. for permission to locate a pole at the corner Location. of Lowell and East Streets and Mr. Ferguson and Mr. Pot- ter voted to approve the application, the same having been approved by Mr. Lyons previously.• The following applicationswere held over for one weeks Katherine M. Rycroft - Hairdressing Licenge Licenses. Mary Augustine - Sunday Sales Leo A. Boynton - Junk Collector's " y 1 Meadows Ap- Mr. Ferguson and Mr. Potter signed the application for plication to the admission of Mrs. Blanche Meadows to the Middlesex Sanatorium. County Sanatorium, the application having previously been signed by Mr. Lyons, The Board discussed the matter of the insurance pol- ' Insurance. icies expiring on Sept. 1st, 1935, and voted to take no action on the matter until the next meeting. Letter was received from Jay 0. Richards withreference to the bill of $179.18 which he owes the Town for a sewer service. He stated that if the Board would help him by allowing him to renew the insurance policy which he has placed for the Town for some years, he would be able to start paying on the bill. He stated that renewal of the compensation insurance which will expire on Sept. lst would enable him to pay at least $100* and probably more. Mr. Ferguson and Mr. Potter felt that they would be willing to give him business if he would agree to pay the bill in full and voted to write him to this effect. Richards on Insurance. Mr. Ferguson and Mr. Potter signed an order for an easement for a drain to be constructed on the property of Well C. Crawford on Hancock Street, which Mr. Gilereast has previously signed, 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 Sur- face and Ground Drainage in the Town of Lexington and in Adjoining,: Towns," the same being hereinafter referred to ' as "said Act", said Town was authorized, among other things, to "take in fee simple or otherwise land or any right or easement in land" for the purposes of st.rfacie_'andt.g 6und?drain- age •ob fbr'any--of the purposes mentioned in Sec. 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 d'. Gilereast, 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 the Town Meeting of the Town of Lexington at a meeting duly called and held on July 22nd, 1935, adopted the following vote: "Voted that the Town make provisions for the disposal of surface drainage in Hancock Street and private lands by the construction of drains or conduits or the diversion or re- location of brooks, and for that purpose take lands or ease- ments by Eminent Domain, and provide for the payment therefor by the transfer of $11,000. from the Excess and Deficiency Account."' ' 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 12 01 �n thereto enabling, do hereby determine that the drain here= ' inafter referred to is reasonably necessary for the dis- posal of surface water and for the purpose of providing bet- ter drainage, and do hereby take the following easement in and under the land as shown on a "Plan of Proposed Drain from Hancock Street to the Boston & Maine Railroad Right of Way, Lexington, Mass., July 30, 19$5, Scale 1 in.- 40 ft., 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 stone bound in the westerly line of Han- cock Street, said stone bound marking the property line between land of Well C. Crawford and land of Blanche T. Tuttle, thence north 790 121 58" west distant 153,56 feet to an angle point, thence north 510 231 58" west distant about 109 feet to a point on the property line between land of Nell C. Crawford and land of Blanche T. Tuttle, said point being about 255 feet westerly of the westerly line of Hancock Street for a distance of 7.50.feet on each side of said line of location. Ther.above easement is to be 15 feet wide, being 7.50 feet on "each aide of the center line as above described, all as shown on a plan entitled, "Plan of Proposed Drain from Hancock Street to the Boston & Maine Railroad Right ' of Way, Lexington, ,Mass., July 30, 1935 Scale 1'in. - 40 ft., 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, dig up, open and use the.land embraced within the limits of the said private ways, as may be reasonably necessary for the pur- pose of laying the said drains, manholes and appurtenances initially and maintaining, operating, inspecting and repair- ing the same from time to time thereafter; said Town being always houndto see that the ground directly after the completion of the work in each case is cleared of all sur- plus 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 Lex- ington, ita successors and assigns, to its and their own use and behoof forever, ' IN WITNESS WHEREOF the undersigned members of the Board 13 ' of Selectmen and Public Works of Lexington have hereunto' subscribed their names this 20th day of August, 1935, Charles E. Ferguson SELECTMEN William G. Potter OF THE John E. Gilcreast. TOWN OF LEXINGTON COMMONWEALTH OF MASSACHUSETTS ;Middlesex, ss. Lexington, Aug,20th, 1935. Then personally appeared the above named Charles E. Ferguson, John E. Gilcreast and William G. Potter and sever- ally acknowledged the foregoing instrument and statement by them sub0cribed 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. ' ORDER OF TAKING BY THE TOWN OF LEXINGTON OF THE 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 Sur- face and Ground Drainage in the Town of Lexington and in Ad- �oining Towns", the same being hereinafter referred to as said Act," - - - - said Town was authorized, among other things, to "bake in fee siihple or otherwise land or any right or easement in land," for the purposes of surface and ground 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. Gilereast, 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 the Town Meeting of the Town of Lexington at a meeting duly called and held on July 22nd, 1935, adopted the following vote: 14 "Voted that the Town make provisions for the disposal , of surface drainage in Hancock Street and private lands by the construction of drains or conduits or the diversion or relocation of brooks, and for that purpose take lands or easements by Eminent Domain, and provide for the payment there- for by the transfer of $1,000. from the Excess and Deficiency Account."" 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 dis- posal 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 of Proposed Drain from Hancock Street to the Boston & Maine Railroad Right of Way, Lexington, Mass., July 30, 1935, Scale 1 in. - 40 ft., John T. Cosgrove, Town Engineer", which plan is to be re- corded herewith in the Registry of Deeds for the Oouthern District of the County of Middlesex, namely; Beginning at a point in the property line between land of Nell C. Crawford and land of Blanche T. Tuttle, said point being about 255 feet westerly of the westerly line of Hancock Street, thence north 510 231 58" went distant about ' 143 feet to a point in the easterly line of the Boston and Maine Railroad Right of Way for a distance of 7.50 feet on each side of said line of location. The above easement is to be 15 feet wide, being 7.50 feet on each side of the center line as above described, all as shown on a plan entitled, "Plan of Proposed Drain from Han- cock Street to the Boston & Maine Railroad Right of Way, Lex- ington, Mass., July 30, 1935, Scale 1 in. 40 ft,, John T. Cosgrove, Town Engineer", which plan is on file in the of- fice of the Town Cler3f of Lexington. The easement covered by this taking included the right on the part of the Selectmen of the said 'Town, or other duly authorized agents of the Town, to enter upon, dig up, open and use the land embraced within the limits of the said pri- vate 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 ' 15 '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 Lexing- ton, 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 Lexingtnn have hereunto sub - .scribed their names this 20th day of August, 1935, Charles E. Ferguson SELECTMEN William G. Potter TOWN OF John E. Gilcreast LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Aug. 20, 1935. Then personally appeared the above named Charles E. Fer- guson, John E. Gilcreast 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 mej= Robert P. Trask Notary Public, Mr. Ferguson and Mr, Potter signed an order for an easement for a drain to be constructed on the property of Tuttle Blanche T. Tuttle on Hancock Street, which MrL Gilcreast had Easement, previously signed, as above. Application was received from C w1 Nici of Waltham St. Transfer for permission to have the Peddler's License now in the name of Peddler of ban K. McLean transferred to his re me. License. Mr. Ferguson and Mr. Potter voted to approve the transfer, The Supt. of Public Works reported that he had ordered Street the transfer of a street light from one pole to another on Light, Hamblen Street, The Supt. of Public Works reported that James Roache had been helping Mr. Howard at the Library and that he Roache thought that he was entitled to the same pay as Howard Salary. ' namely, $22,00 per week. 16 01 Commitment. :Public Welfare Commitment in the amount of $1339.59 was signed by Mr. Ferguson and Mr. Potter. Space for Mr. Ferguson and Mr. Potter voted that the area set Taxi -cabs. aside for taxi -cab space in the center of the Town be out down to two stalls. The Supt. of Public Works reported that Philip Leaf, Assistant Janitor, had not returned from his vacation and Appointment had not notified him that he was to be absent, and that of Assft. Mr. John Murray had been appointed to take his place. Mr. Janitor. Trask stated that he had established a salary for Mr. Murray of $22.00 per week, and Mr. Ferguson and Mr. Potter voted to approve the action of the Supt. Abatements. Excise Tax Abatements in the amount of 111.71 and $6.09 were signed by Mr. Ferguson and Mr. Potter. Bids on Sidewalk Construc- tion. of The following bids were received for the construction granolithic sidewalks; Hervey F. Armington Hervey F. Armington J. L. Douglass Mr. Ferguson and Mr. of Hervey F. Armington Co. cents per square foot, the Co. - .246 cents perp:eq.ft. driveways Co. - .196" cents' per sq. ft. - 2.06 cents per sq. 16rd. Potter voted to accept the bid of nineteen and five -sixteenths y being the low bidder. The Supt. of Public Works reported that the Chief of ,,the Fire Dept. had advised him that the Supt. of Streets had advised those of his employees who were call firemen that Call they could not go to fires and leave their own work. The Firemen. Chief stated that he had had five fires this afternoon and h ad to call out of town aid because he did not have enough men. The Chairman instructed the Supt. of Public Works to prepare a list of the highway employees who were call fire- men so that the matter might be taken up at next week1s meeting. The Chairman instructed the Supt. of Public Works to Insurance. work out some figures showing what the out to each agent holding Town insurance would be if the total amount to be deducted were divided proportionately among the agents. The Welfare Agent reported that he had received an application for aid from Bernard J. Donahue.and his wife Donahue of 32 Mass. Avenue. Case. Mr. Donahue was injured and unable to work. Kr. Mitchell recommended that the family be aided in an amount not to exceed $9.00 per week, and Mr. Ferguson and Mr. Potter voted to approve his recommendation. The Welfare Agent reported tftat he had received an application for aid from James P White, rear 32 Woburn 1 17 Street. Mr. White had been employed for the past three or four years by the Boston and Maine Railroad, but he in- jured his ankle and has now lost his position. The man has already been aided to the amount of two grocery orders, A son has part time work and Mr. Mitchell recommended that the family be given supplementary aid to an amount not to exceed $10.00 per week. Mr. Ferguson and Mr. Potter voted to approve the recommendation. Application for Soldiers Relief was received from Edward P. Beaumont of Russell Street, who lives just over the line in Woburn. Mr. Beaumont cannot get on the E.R.A. as no men are being put on at the present time. He has a wife and three children. Mr. Mitchell recommended that he• be sided in an amount not to exceed $14.00 per week which is in accordance with the schedule of Commissioner Flynn's office. Beaumont has a Lexington settlement. Mr. Ferguson and Mr. Potter voted to approve the recommendation. The Welfare Agent reported that the Welfare expenditures had dropped down to some extent this week. The Welfare Agent reported that Lexington's C.C.C. quota was eleven and that he had sent 12 boys in to the Army base. One was rejected and 11 were accepted. Ae re- ' eeived permission to send one more in and he had sent him in. The Supt. of Public Works reports for the weeks ending August 10th and 17th were received. The meeting adjourned at 10:45 P. M. A true record, Attest: % p Clerk. 1