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HomeMy WebLinkAbout1936-03-24 375 SELECTMEN'S MEETING. MARCH 24, 1936. A regular meeting of the Selectmen was held in the Selectmen 's Room, Town Off ice Building, at 7:30 P.M. Chairman Ferguson and Messrs. Potter, Giroux, Clark and Ross were present. The Clerk was also present. Mr. Giroux moved that Mr. Clark be appointed Chair - Old Age man of the Bureau of Old Age Assistance. Mr. Ross Assistance, seconded the motion and it was so voted. Chairman. Mr. Ross moved that Mr. Lawrence G. Mitchell be appointed the Agent of the Board of Selectmen for ad- Agent for ministering Soldiers ' Relief, State and Military Aid. aid. Mr. Clark seconded the motion and it was so voted. Wire was received from Lt.-Governor Joseph L. Hurley requesting that the Selectmen organize and conduct a tag day on Saturday, March 28th, the proceeds to be forwarded to the State Treasurer's Office to be contributed to the Red. Cross for flood relief. Mr. Clark stated that he thought the contributions for the Red Cross should be solicited by organization anization and g not through the State Treasurer's Office. Mr. Robert C. Merriam, Chairman of the Local Red Cross Chapter, appeared before the Board. He stated that he thought that Lexington had come though in very good shape. Lexington's quota is $500. and an article was put in the paper last week, posters were distributed Tag Day and letters were sent out to the members today. He for stated that the contributions already received totaled flood almost $1000. In addition, Lexington received a call relief. from Lowell requesting clothing, bedding, etc. Two loads of these supplies were sent up on Saturday and nine more on Sunday. Mr. Merriam thought that the Red Cross would not want to get mixed up in anything political such as this. The Chairman asked Mr. Merriam if he would have any objection if the Lt.-Governor of the Commonwealth was notified that the Selectmen had been advised by the representative of the local chapter of the Red Cross that the Town had already more than doubled its finan- cial quota, in addition had contribt,ted about ten ton of food and clothes and if additional funds were needed, that Lexington would contribute to the Red Cross directly. Mr. Merriam contacted Mrs. George Morey, Mrs. F. H. Kimball and Mrs. Francis Chamberlain, all members of the Red Cross, who all agreed that Lexington had con- tributed sufficiently. Mr. Merriam retired. Mr. Giroux moved that Lt.-Governor Hurley be notified that Lexington would not hold a tag day in view of the facts as listed above. Mr. Potter seconded the motion and it was so voted. 376 CD 04 Letter was received from the Health Inspector reporting on a complaint registered by George A. Calderwood of Allen ,Street relative to a piggery owned by Swenson Brothers on the same street. Mr. Calderwood had complained that the pigs were crossing a fence onto his property. Mr. Swenson agreed tb Day Calderwood Calderwood for any damage caused by the pigs but there complaint did not seem to be any. Mr. Stevenson stated that re: Swenson was repairing the fence when he called and Swenson's that the pigs would got get out so easily in the future. pigs. He stated that Swenson had kept pigs in the old barn for a period of several years and had always kept them in good shape. He stated that Mr. Calderwood had lived in his present residence for seven years but had never complained. Mr. Stevenson recommended no action until the pigs break out again. The Chairman stated that in order to answer Mr. Calderwood, it mould be best to have a letter from Mr. Stevenson giving a report as to the health con- ditions. Mr. Clark moved that such a report be re- quested. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel in regard to the Brown claim for damages to his truck from an Brown alleged loose manhole cover. There is going to be claim for a Small Claims hearing on March 26th on the matter. damages. He stated that Mr. Trask would have to be the-re as a witness and as he had advised him as to the way he should handle the case, he suggested that Mr. Trask be instructed to take care of the matter. Mr. Clark moved that the Supt. of Public Works be instructed to represent the Town in the Brown case and settle it as instructed by the Town Counsel. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel stating that the case of Meady vs. the Town of Lexington might Meady be reached for trial in April. Meady claims damages case. chiefly due to depreciation in value of the house he owns at the corner of Reed Street and Sunnyknoll Avenue. As the principal claim is depreciation of value and he is claiming between *5000. and *10,000., the Town Counsel stated that he might need a real estate expert and would like authority to employ one. He stated that he thought Schofield would do. Mr. Clark moved that the Town Counsel be authorized to engage Schofield as a real estate expert in the Meady case. Mr. Ross seconded the motion and it was so voted. Letter was received from the Town Counsel regarding the Curm n case. He stated that he was requesting Curza n Mr. Trask to get further information about the claim ease. and that there should be an immediate investigation and written report by him through the Police and Street Departments. 377 Letter was received from the Town Counsel with reference to the application of J. L. Douglas to erect a sign on properby owned by the Town of Lexington with,- Douglas in the limits of Mass. Avenue. Mr. Wrightington request stated that the Town did not have the right to grant for sign. Douglas a permit to erect a post for a sign in that location. In the case of Lexington vs. the Surburban Land Co., 235 Mass. 108, 111, it was held that the Town had no right to erect a sign in such a location where the sign had nothing to do with travel, trane- portation, transmission of intelligence or commodit,ie9,. Mr, Clark moved that Mr. Douglas be informed of the advice of the Town Counsel. Mr. Ross seconded the motion and it was so voted. Letter was received from the Town Counsel with reference to Valley Road land damage cases. Mr. Walker of the Lexington Trust Co. stated that the Bank fore- closed only on the parcel at the corner of Bedford Street and had no rights in the other parcel farther p.p Valley Road, a petition of damages to which was brought be Mrs. Smith, et als . Mr. Walker will try to get Mrs. Smith to sign a release in the case relating to Valley the land on which the Bank has foreclosed, but cannot Road suggest how he can deal with the other case. Mr. cases. Wrightington stated that the Town would want to consider whether a settlement of one case without settling the other might encourage the plaintiffs in the unsettled ease to press their claim for a larger amount . He asked if the Board wished to settle one case without the other. Mr. Clark moved that the Town Counsel be advised that the Board wished to settle the Lexington Trust Co. case. The motion was not seconded so Mr. Clark with- drew it. Mr. Potter then moved that the Town Counsel be asked for suggestions as to how to handle the situation. Mr. Clark seconded the motion and it was so voted. The Town Counsel's bill in the amount of $50.00 Rosendorn for services in the Rosendorn case was approved by case. the Board. Letter was received from Mr. Everett S. Emery inquiring if there would be an opportunity to do any- thing toward abolishing the mosquito menace at the Mosquito Winning Farm property under the W.P.A. Mr. Clark situation, wondered if the mosquito pest situation should be W.P.A. limited to this one section or if the rest of the Town should be considered. Mr. Clark moved that Mr. Trask be instructed to find out whether or not the W.P.A. was open to making a survey of the entire town with a view toward controlling the mosquitoes. Mr. Ross seconded the motion and it was so voted. 378 �► Psi Letter was received from Richard Sherburne, insurance broker, who stated that he was born in Insurance. Lexington and is now a resident here . Mr. Sherburne asked that he be considered in any future insurance business the Town might have. Wire was received from Governor Curley asking that W.P.A. funds approved for Farm-toMarket roads Flood and roadside beautification be diverted for flood Relief relief. Mr. Trask stated that some money had been funds. allocated to Lexington for such projects, but that he would not think that Lexington would have enough damage to make any difference. Mr. Giroux moved that the matter be turned over to the Supt. of Public Works for investigation and report. Mr. Ross seconded the motion and it was so voted. Letter was received from the Supt. of Public Works Street suggesting the following possible W.P.Qr. projects for Construction, street construction:-Grant Street, Tower, Richard and W.P.A. Plymouth Roads; Hibbert Street; upper end of Independ- ence Avenue; Robbins Roads upper end of Locust Avenue; and the parking space at Depot Park. The Chairman stated that that part of Hibbert Street in Arlington was going to be constructed under the W.P.A. and that therefor it would be a good idea for Lexington to construct their end the same way. Mr. Clark moved that the Supt. of Public Works be instructed to request the approval of the W.P.A. authorities for the construction of Grant and Hibbert Streets and Robbins Road. Mr. Giroux seconded the motion and it was so voted. Mr. Giroux asked Mr. Trask what was delaying the Lincoln construction of Lincoln Street, and he replied that Street. it was because the supplementary W.P.A. project for the installation of drainage had not been approved. Mr. Giroux suggested that if the matter were taken up with Edith Bourse Rogers, it might be speeded up. Mr. Trask suggested that Mr. Ross write Senator David I. Walsh, which he agreed to do. Mr. Trask reported that there were six houses on Street Bartlett Avenue, three on Arcola Street and three on Lights, Pearl Street, and that in order to properly light the Bartlett section, six street lights would be needed. Avenue Mr. Giroux moved that an article be inserted in section. the Warrant for the next Town Meeting requesting the installation of these street lights. Mr. Potter seconded the motion and it was so voted. Mr. Trask stated that the Briggs Class wished the use of Cary Hall on April 3rd for a minstrel show. Mr. Ross moved that they be allowed th use the hall 379 on the above date at the rate of $25.00, plus $10. for Use of a rehearsal. Mr. Giroux seconded the motion and it Hall. was so voted. Mr. Trask stated that the Lafayette Club wished to use the Hall on April 27th for the purpose of con- Use of ducting a play. Mr. Ross moved that they be allowed Hall. to use the hall on the above date at the rate of $25. plus $10. for a rehearsal. Mr. Giroux seconded the motion and it was so voted. Mr. Trask reported that the American Legion re- quested that it be allowed to erect a food booth in Depot Park on April 19th. Mr. Ross moved that the Legion request be granted and that the Legion be required to Food put down boards where they would stand, to protect Booth. the lawn, and to take out liability insuralce against accidents. Mr. Giroux seconded the motion and it was so voted. Mr. Trask stated that there were about a dozen old chairs in the basement of Cary Hall that had been there ever since they were brought down from the Old Chairs Town Hall. The Sportsmans Club wanted to buy the to be chairs and about one-half of them are in fair condition . sold. Mr. Giroux moved that Mr. Trask sell the chairs for whatever he thought a fair price. Mr. Ross seconded the motion and it was so voted. Mr. Trask asked from what account he was to pay the overtime voted Barry and Dalrymple last week. He stated that there was no money in the appropriation Overtire since the Town had voted it and specified the salaries, pay. and that there was not even enough money to pay the regular salaries. Mr. Giroux moved that the matter be taken up with the Appropriation Committee on the basis that such extra time would not exceed the sum of $100. per year and that it be discussed again next week. Mr. Potter seconded the motion and it was so voted. Mt. Potter moved that the Town Counsel be instructed Fletcher to proceed with drawing up the necessary agreement with Avenue the Boston and Maine Railroad relative to the Fletcher warfth g Avenue crossing warning signals in accordance with the signals. vote of the Town. Mr. Clark seconded the motion and it was so voted. The Chairman reported that Mr. Noyes of Reed Street had called him and stated that a trench had been Reed dug across Reed Street to relieve flood conditions Street, and that much sand, gravel, etc. had been deposited flood on his lawn and he felt that the Town should give him damages. some loam to fix it up. Mr. Ross stated that other 3800.3 people in the vicinity had suffered damages on account of relieving the flood condition and he moved that the Supt. of Public Works be given authority to adjust any damages in the vicinity due to the flood. Mr. Giroux seconded the motion and it was so voted. The Chairman stated that he had received a call from a resident who lived on the accepted part of Independence Avenue with regard to the drainage situation. There is no catch basin on Independence Independence Avenue until you get down to where the brook crosses Avenue and all the sand, gravel, etc. , from the unaccepted drainage. portion of the street washes down onto the accepted part. He asked Mr. Trask if it would be possible to install additional catch basins in the upper end of the street in the accepted part. Mr. Trask stated that it would be possible to do so but that there would not be sufficient pipe in the street to carry the extra water. There is a small drain in the street now but by adding another catch basin, it would flood the street. He stated that an 18 inch pipe was needed with a larger pipe in Mass. Avenue. He suggested that the drainage be made a W.P.A. project. The Chairman requested Mr. Trask to investigate the conditions and report next week. Mr. Trask stated that he had a letter from Mr. Garrity stating that Frank Shepard wished to remove an ash tree which was in good shape and extenddd about Tree on two and a half feet in the sidewalk on Mass. Ave. about Shepard 300 feet westerly from Percy Road, and he thought that property. the tree would not be missed if it were removed. The Chairman thought that if the people in the vicinity were not contacted that they would object. He suggested that if the Supt. of the Tree Dept. felt that there was an emergency, he could contact the neighbors and see if they had any objections to the removal. Mr. Ross moved that Mr. Garrity be instructed to contact the neighbors in the vicinity and if there were no objections, that he be authorized to remove the tree. Mr. Potter seconded the motion and it was so voted. Clematis Mr. Trask reported that Clematis Brook was started Brook. today and he thought the bridge would be completed in about two weeks. ., Assessors Mr. Ross moved that Mr. M. Bowman Judkins and appointed. Mr. William H. Shanahan be appointed members of the Board of Assessors for a three year term ending March 31, 1939. Mr. Giroux seconded the motion and it was so voted. 381 Mr. Ross moved that Malcolm H. Clifford be appointed Reg. or a member of the Board of Registrars of Voters fat a Voters three year term ending March 31, 1939. Mr. Potter appointed. seconded the motion and it was so voted. Mr. Ross moved that Peter Canessa be appointed Charge of in charge of the odorless cart for the year ending odorless March 31, 1937. Mr. Giroux seconded the motion and it cart. was so voted. Mr. Ross moved that Miss Doris Dalrymple be Water appointed Water Registrar for the year ending March 31, Registrar 1937. Mr. Potter seconded the motion and it was so voted. appointed. Approval of the nomination of Dr. Chester L. Animal Blakely for the position of Inspector of Animals for Inspector, the town of Lexington for the year ending March 31, 1937, approval. was received from the Dept. of Agriculture of the State. The following licenses were granted by the Board: J. 0. Richards, 1774 Mass. Avenue - Auctioneer's License Patrick Shanahan, 52 Pleasant St. - Past. of Milk Max Berman - 12 Mass. Avenue - Overhanging Sign " Licenses Chin Lee, 1784 Mass. Avenue - J. S. Maienza, 1806 Mass. Ave. - " " " Mike Hallos, 1715 Mass. Avenue - " " " E. H. Partridge, 1709 Mass. Ave. - " " " In regard to the application of Arey Greenblott for a Junk Collector's License, the Clerk informed the Greenblatt Board that Greenblott owed the Town $19.30 for junk Junk sold. Mr. Clark moved that Greenblott be granted a License. Junk License conditional upon payment of the $19.30 owed the Town plus the fee for the license. Mr. Potter seconded the motion and it was so voted. Mr. Clark moved that the following surety bonds be Surety placed through the office of Richard Sherburne: Bonds. Clerk, Selectmen - $1000.00; Plumbing Inspector, $1000.00; Building Inspector - $500.00. Mr. Potter seconded the motion and it was so voted. Mr. Clark moved that the Board's vote approving no "U" turn between Grant and Meriam Streets be res- No "U" cinded. Mr. Ross seconded the motion and it was so voted. turn 4. Mr. Clark then moved that the Board approve the no "U" turn from Waltham Street to Meriam Street. Mr. Ross seconded the motion and it was so voted. Mr. Ross moved that the surety bond in the amount' Constable 's of $1000.00 for Patrick J. Maguire, Constable, be bond. approved. Mr. Clark seconded the motion and it was so voted. 3820.3 01 CLI Special Mr. Giroux moved that Ralph Dale be appointed a Police Special Police Officer for the year ending April 1, 1937. Mr. Ross seconded the motion and it was so voted. Order for the construction of a sewer in Vine Brook Road from mainoutlet to Winthrop Road a distance of approximately 300 feet, was signed by the Board as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex, es. Town of Lexington. WHEREAS, the Town of Lexington at a Town Meeting duly called and held on March 16, 1936 and adjourned to March 23, 1936, duly adopted under Article 44 of the Warrant the following vote: Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1936, in accordance with law, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of $3100.00 be transferred from the Sewer Assessment Fund", and at a meeting of the Board of Selectmen held on March 24th, 1936, it was voted to authorize the extension of the sewer in Vine Brook Road, from main outlet to Winthrop Road a distance of approximately 300 feet, under the provisions of General Laws, Chapter 80, Voted: By the Selectmen, acting as a Board of Water and Sewer Commissioners under the authority con- ferred by Statute 1897, Chapter 504 and Acts in amend- ment thereof and in addition thereto, and of votes of the Town of Lexington pursuant thereto, that a sewer be constructed in Vine Brook Road, from main outlet to Winthrop Road a distance of approximately 300 feet, substantially in accordance with plan made by John T. Cosgrove, Town Engineer, dated March 16, 1936, and entitled, Plan of Proposed Sewer in Vine Brook Road, Lexington, Mass., Scale 1 in. - 40 ft., March 16, 1936, John T. Cosgrove, Town Engineer". Betterments will be assessed for this improvement in accordance with the provisions of Chapter 221 of the acts of 1926. 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: That portion of those properties on each side of Vine Brook Road from the main outlet to Winthrop Road 383 for a distance of approximately 300 feet. 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. Witness our hands at Lexington aforesaid this twenty-fourth day of March, 1936. Charles E. Ferguson SELECTMEN Albert A. Ross of William G. Potter LEXINGTON. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. March 24, 1936. Then personally appeared the above named Charles E. Ferguson, William G. Potter and Albert A. Ross, and Vine Brody severally acknowledged the foregoing instrument and Road - ' statement by them subscribed to be their free act and Sewer deed and the free act and deed of the Board of Water Order. and Sewer Commissioners of the Town of Lexington, before me, Robert P. Trask, Notary Public. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. VINE BROOK ROAD. (From main outlet to Winthrop Road a distance of approximately 300 feet). Approximate Owner as of Jan. 1. 1936 Reg. No. Assessment. Lexington Estates Tr. 31157 $800.CO Chas.W. & Robert L. Ryder, Trs. LexinngtonLRealldEstate.Trust 130.00 obertLexington Real Estate Trust 130.00 Robert L. Ryder, Tr. Helen F. Lombard 30806 175.00 Benjamin F. & Mildred P. Groot 26712 160.00 Clements H. & Mildred P. Ferguson - 28721 185.00 384 The Board signed the order for the construction 11;11 of Richard Road, from Tower Road to near Plymouth Road, a distance of approximately 275 feet, as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 24th day of March, 1936, 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 haying complied with the requirements of law relating to notice, did on the Std day of March, 1936, lay out as a town way the way known as Richard Road, from Tower Road to near Plymouth Road, a distance of approximately 275 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 10th day of March, 1936, and whereas at a town meeting duly called warned and held on the Richard 16th day of March, 1936, and adjourned to the 23rd Road day of March, 1936, in accordance with the provisions Highway of law applicable thereto, it was Order. VOTED: That the Town accept the layout as a town way of Richard Road, from Tower Road to near Plymouth Road a distance of approximately 275 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 Bebruary 10, 1936, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $1500. be appropriated and assessed. 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 northerly line of Richard Road begins at a point in the west4.rly line of Tower Road, said point being the point of curvature of a curve of 90.00 feet radius, thence S 340 40' 40" W distant 2.40 feet to a point of curvature, thence bearing to the right with a curve of 50.00 feet radius distant 73.74 feet to a point of tangency, thence 11' 600 49' 20" W distant 213.12 385 feet to a point. The southerly line of Richard Road begins at a point in the westerly line of Tower Road, thence bear- ing to the left with a curve of 30.00 feet radius dis- tant 30.11 feet to a point of tangency, thence N 600 49' 20" W distant 279.48 feet to a point. The above described lines are parallel with and distant 40.00 feet from each other with the exception of the curved intersections at Tower Road. The above description is intended to conform to a plan entitled, "Plan of parts of Tower Road and Richard Road, Lexington, Mass., Scale 1 inch - 40 ft. , Feb. 10, 1936, John T. Cosgrove, Town Engineer", which plan is on file in the Town Clerk's office in said Lexington and a copy of which will be recorded with the Middlesex South District Registry of Deeds with a copy of this order. All trees, if any, upon the land taken are included, in this taking. Betterments are to be assessed for this improvement. The area which it is expected will receive benefit or advantage other than the general advantage to the community from such improvement is described as follows: The same being lands now or formerly of Charles F & Esther N. Mitchell and James R. Smith, as shown on a plan entitled, "Plan of parts of Tower Road and Richard Road, Lexington, Mass. , Scale 1 inch - 40 feet, Feb. 10, 1936, John T. Cosgrove, Town Engineer". The said area comprises the several lots shown upon the plan hereinbefore referred to, which are des- ignated in the schedule 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 24th day of March, 1936. Charles E. Ferguson Selectmen Albert A. Ross of the William G. Potter Town of Archibald R. Giroux Philip M. Clark Lexington * 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. 386 cn 0.3 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. Richard Rd. March 24, 1936. Highway Order. Then personally appeared the above named Charles E. Ferguson, William G. Potter, Archibald R. Giroux, Philip M. Clark and Albert A. Ross and severally ac- knowledged 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. SCHEDULE OF ESTIMATED BETTERMENTS nnrznnr , TO IN THE FOREGOING ORDER. Owner as of Jan. 1. 1936 Lot No. Approximate Assessment Charles F. & Esther N. Mitchell 41 $310.43 James R. Smith 42 308.00 The Board signed the order for the construction of Plymouth Road, from Richard Road to Robbins Road, a distance of approximately 585 feet, as •ollows: COMMONWEALTH OF MASSACHUSETTS Plymouth Middlesex, ss. Town of Lexington. Road Highway At a meeting of the Board of Selectmen of the Town Order. of Lexington held on the 24th day of March, 1936, it is ORDERED: Whereas the Board of Selectmen of the town of Lexington, having determined and adjudged that common convenience and necessity rega. ire 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 3rd day of March, 1936, lay out as a Town way the way known as Plymouth Road, from Richard Road to Robbins Road, a distance of approx- imately 585 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 thelOth day of March, 1936, and whereas at a town meeting duly called warned and held on the 16th day of March, 1936, and adjourned to the 23rd day of March, 1936, in accordance with the provisions of law applicable thereto, it was 387 VOTED; That the town accept the layout as a town way of Plymouth Road, from Richard Road to Robbins Road a distance of approximately 585 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 February 10, 1936, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $3600. be appropriated and assessed. PLOW, 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 easterly line of Plymouth Road begins at a point in the southerly line of Richard Road, said point being northwesterly and distant 141.27 feet from the point of tangency of a curve of 30.00 feet radius, thenee bearing to the left with a curve of 20.00 feet radius distant 38.75 feet to a point of tangency, thence S 8° 10' 40" W distant 291.44 feet to a point of curvature, thence bearing to the right with a curve of 173.00 feet radius distant 238.69 feet to a point of tangency, thence Plymouth S 87° 13' 50" W distant 17.86 feet to a point of Road curvature, thence bearing to the left with a curve of 20.00 feet radius distant 35.44 feet to a point in the Highway easterly line of Robbins Road. Order. The Westerly line of Plymouth Road begins at a point in the southerly lihe of Richard Road, thence bearing to the right with a curve of 20.00 feet radius distant 24.09 feet to a point of tangency, thence S 8° 10' 40" W distant 322.14 feet to a point of curvature, thence bearing to the right with a curve of 133.00 feet radius distant 183.50 feet to a point of tangency, thence S 870 13' 50" W distant 27.58 feet to a point of curvature, thence bearing to the right with a curve of 20.00 feet radius distant 31.04 feet to a point in the easterly line of Robbins Road. The above described lines are parallel with and distant 40.00 feet from each other with the exception of the curved intersections at Richard RMd"and Robbini Road. The above description is intended to conform to a plan entitled "Plan of Plygt.outh Road, Lexington, Mass., Scale 1 inch - 40 ft., Feb. 10, 1936, John T. Cosgrove, Town Engineer", which plan is on file in the Town Clerk's 388 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 followsi The same being lands now or formerly of John V. Fannon, C. Chase Flanders, H. & A. E. Harvie, J. M. & L. M. Brown, J. R. Smith, H. S. & V. D. Liddick, C.M. & A. F. , Nielsen, Madeline F. Simmons, Arthur C. Smith, George E. Ham, Helen H. Hager, as shown on a plan entitled, "Plan of Plymouth Road, Lexington, Mass., Scale 1 inch - 40 ft., Feb. 10, 1936, John T. Cosgrove, Town Engineer". The said area comprises the several lots shown upon the plan hereinbefore referred to which are des- ignated 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 twenty-fourth day of March, 1936. Charles E. Ferguson Selectmen Archibald R. Giroux of the Philip M. Clark Town of Albert A. Ross Lexington William G. Potter. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington,. Mass. March 24, 1936. Then personally appeared the above named Charles E. Ferguson, William G. Potter, Archibald R. Giroux, Philip M. Clark and Albert A. Ross, 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. 389 SCHEWLE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. Owner as of Jan. 1, 1936 Lot No. Approximate Assessment . John V. Fannon 12 $462.31 C. Chase Flanders 13 365.75 H. & A. E. Harvie 14 365.75 J. M. & L. M. Brown A 385.00 J. R. Smith B 352.28 H. S. & V. D. Liddiek C 385.00 C. M. & A. F. Nielsen 19 466.39 Madeline F. Simmons 20 308.00 Arthur C. Smith 21 308.00 George E. Ham 22 308.00 Helen H. Hager 23 330.14 James R. Smith 29 460.88 The Board signed the order for the construction of Tower Road, from Mass. Avenue a distance of approx- imately 455 feet southerly, 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 24th day of March, 1936, 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 third day of March, 1936, lay out as a town way the way known as Tower Road, from Massachusetts Avenue a distance of approximately 455 feet southerly, accord- ingly 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 10th day of March, Tower 1936, and whereas at a town meeting duly called warned Road and held on the 16th day of March, 1936 and adjourned Highway to the 23rd day of March, 1936, in accordance with the Order provisions of law applicable thereto, it was VOTED: That the Town accept the layout as a town way of Tower Road, from Massachusetts Avenue a distance of approximately 455 feet southerly, 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 Febfuary 10, 1936, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $2700.00 be appropriated and assessed. 390 cn NOW, TEEREFOR, we, the undersigned, being a majority SZ+ 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 westerly line of Tower Road begins at a point in the southerly line of Massachusetts Avenue, thence bearing to the right with a curve of 40.00 feet radius distant 53.76 feet to a point of tangency, thence S• 340 40' 40" W distant 229.76 feet to a point of curvature, thence bearing to the left with a curve of 90.00 feet radius distant 59.69 feet to a point of tangency, thence S 3° 19' 20" E distant 77.79 feet to a point of curvature, thence bearing to the right with a curve of 277.93 feet radius distant 55.78 feet to a point of tangency, thence S 8d 10' 40" W distant 11.00 feet to a point. Tower The easterly line of Tower Road begins at a point Road in the southerly line of Massachusetts Avenue, thence Highway bearing to the left with a curve of 30.00 feet radius Order. distant 53.92 feet to a point of tangency, thence IIS 34° 40' 40" W distant 214.64 feet to a point of curvature, thence bearing to the left with a curve of 50.00 feet radius distant 33.16 feet to a point of tangency, thence S 3° 19''20" E distant 77.79 feet to a point of curvature, thence bearing to the right with a curve of 317.93 feet radius distant 63.81 feet to a point of tangency, thence S S° 10' 40" W distant 29.45 feet to a point. The above described lines are parallel with and distant 40.00 feet from each other with the exception of the curved intersections at Massachusetts Avenue. The above description is intended to conform to a plan entitled "Plan of parts of Tower Road and Richard Road, Lexington, Mass., Scale 1 inch - 40 ft., Feb. 10, 1936, John T. Cosgrove, Town Engineer", which plan is on file in the Town Clerk's Office in said Lexington and a copy of which will be recorded with the Middlesex South District Registry of Deeds with a copy of this order. All trees, if any, upon the land taken are included in this taking. Betterments are to be assessed for this improve- ment. 391 The area which it is expected will receive benefit of advantage other than the general advantage to the Icommunity from such improvement is described as followsl The same being lands now or formerly of Otis H. Perry, James Truran, Priscilla L. Hederstedt, James R. Smith, L. C. & A. E. Grush, John T. and Gertrude M. Cosgrove, Marion V. Arnold, as shown on a plan entitled, "Plan of parts of Tower Road and Richard Road, Lexington, Mass ., Scale 1 inch - 40 ft., Feb. 10, 1936,. John T. Cosgrove, Town Engineer". The said area comprises the several lots shown upon the plan hereinbefore referred to, which are des- ignated 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 24th day of March, 1936. Charles E Ferguson Selectmen Archibald R. Giroux of the Philip M. Clark Town of Albert A. Ross Lexington William G. Potter COMMONWE&LTH OF MASSACHUSETTS. Middlesex, ss. Lexin on Mass. g� a March 24, 1936. Then personally appeared the above named Charles E Febguson, William G. Potter, Archibald R. Giroux, Philip M. Clark and Albert A. Ross 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. (Continued) . 392 1-4 SCHEDULE OF ESTIMATED BETTERMENTS RLYERRED TO IN THE FOREGOING ORDER. Owner as of Jan. 1, 1936 Lot No. Approximate Assessment Otis H. Perry $372.64 James Truran B-1 375.61 Priscilla L. Hederstedt IA 396.55 James R. Smith 2A 331.10 L. C. & A. E. Grush 3A 288.75 John T. & Gertrude M. Cosgrove 11A 418.92 Marion V. Arnold 43 431.78 Water liens . Five water liens were signed by the Board. Commitment of Water Guaranties in the amount of Commitment. 978.67 was signed by the Board. Purchase of Letter was received from Mr. Francis J. Nevins lot - Mass. offering to purchase the lot adjacent to 292 Mass. Ave. Avenue. for the sum of $60..00 subject to the 1936 taxes. The matter was held over for one week. The report of the Supt. of Public Works for the Report. week ending March 21, 1936, was received. The Welfare Agent discussed the case of George E. Johes and family who have been given supplementary aid Jones in addition to V.P.A. earnings. One of the children Aid. has to have a tonsil operation and theestimated cost 3s $15.00. Mr. Clark moved that such expenditure be approved. Mr. Potter seconded the motion and it was so voted. The Welfare Agent discussed the case of Harold G. Wright living in Somerville, who has been working Wright for the Surburban Coal Co. but who has now been Aid. loafing for two weeks. He asked authorization for aid in the amount of $11.00 per week until the man returns to work. Mr. Clark moved that the authorization be granted. Mr. Potter seconded the motion and it was so voted. The Welfare Agent discussed the case of Mrs. Eudora S. Reed of Reed Street. Her son, who has a wife and one child, has been living with her. He recently got Reed Aid. a job as Third Mate on a steamship line and his wife and child expect to go to New York to live. Mr. Mitchell asked authorization for aid in the amount of $7.00 per week until some solution can be found for Mrs. Reed. Mr. Clark seconded the motion and it was so voted. 393 The Welfare Agent reported that Jeanette B. Fountain Fountain had reported to the State that she was not aid being aided satisfactorily. He stated that the solution was for her to apply for State Aid. The meeting adjourned at 10:30 P.M. A true record, Attest: Clerk.