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HomeMy WebLinkAbout1936-08-25SELECTMEN'S MEETING AUG. 25, 1936. A regular mebting of the Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Ferguson, Messrs. Potter, Giroux, Clark and Ross were present. The Clerk was also present. Mr. Errol H. Locke appeared before the Board and stated that his house was supplied water through a private service pipe across private land. This service pipe is becoming plugged up and his service is very poor. He is remodelling his house and doing considerable grading and wanted to know if the Town would consider extending a water main in Abbott Road. If so, he would have a service pipe laid before he finished the grading. He said that he would have no objection to paying the betterment assessment but he did not believe that Mr. Arthur C. Whitney, who owns the property on either corner of Abbott Road should be charged. Mr. Ross moved that the Board of Selectmen authorize the extension of approximately 150 feet of six inch -pipe in Abbott Road from Meriam Street, subject to the assess- ment of betterments to Errol H. Locke, provided there are sufficient funds available in the Water Construction, Sundry Streets, Account. Mr. Giroux seconded -the motion and it was so voted. Mr. Clayton F. Beach and Mr. Mitchell appeared before the Board. Mr. Giroux stated that he had asked these men to appear to discuss a problem relative to the W.P.A. certifications under the new rulings. The Lexington Advisory Board can certify men to work on the W.P.A. but first must obtain certain information from each applicant. The Board feels that it would be unwise to sign a statement made by a worker, even being made under oath. About 300 people will be working on the W.P.A. if there is work available. The Board suggests that the Board of Selectmen appoint three Town Meeting Members from each precinct who would be consulted on every case that is to be placed on the W.P.A. rolls. The Relief cases are to be put on first. Mr. Ross asked if getting a man on the W.P.A. would not be a very long, drawn-out procedure. The Chairman said that he thought that having three men pass on each ease would make it hard for the individual applying for relief as one of the men might be his next door neighbor. Mr. Potter asked if the three men could pass on each ' application without meeting the applicant, and Mr. Giroux replied in the affirmative. Mr. Mitchell stated that some cases would be easy for him to certify as he 13 Water extension Abbott Rd. W.P.A. certif ica- tions . 14' Mr. Giroux stated that the applicants for W.P.A. r� would know the persons through relief, but that there would be several that he would not know. He thought that the statements made by the applicants should be investigated. The Chairman asked what our quota was going to be, and Mr. Beach said that it would be 180 and that 200 would have to be certified. Mr. Mitchell estimated that some twelve to twenty cases that were not eligible for W.P.A. had been aided since July. Mr. Giroux thought that if some of the Town Meeting Members were active in this work that there might be less criticism and more under- standing at the Town Meetings, Mr. Giroux moved that the matter be held over for one week. Mr. Potter seconded the motion and it was so voted. At 8;30 P.M. Mr. Randall B. Houghton, Chairman of the School Committee, appeared before the Board. The Chairman told him that Mr. George Smith was willing_to Smith sell the lot of land contAining 19,000 plus feet for the property sum of $1000.00. He said that the Selectmen were not , interested, but thought that the School Department might be as if the land was of any value to the Town, Mr. Giroux stated that the applicants for W.P.A. positions should be interviewed personally. He asked Room for if the Board would be willing to permit the use of the interviewing Selectmen's Room for obtaining the information. The W.P.A. appli- Chairman suggested that the downstairs coatroom in the cants. rear part of the Cary Memorial Building be used for interviewing applicants for W.P.A. positions as he thought it would be more suitable. Mr. Giroux moved that the coatroom in the rear part of the Cary Memorial Building be used for interviewing applicants for W.P.A. Positions. Mr. Potter seconded the motion and it was , so voted. At 8:00 P.M. hearing was declared open on the application of William Phillips for,permission_to main - Phillips tain a two car garage of wooden construction at the Garage corner of Fair Oaks Drive and Wachusett Drive. Mr. Hearing Phillips appeared and presented plan of the proposed. garage. No persons appeared in oppozition. Mr. Clark moved that the permit be granted subject to the approval of the Building Inspector. Mr. Ross seconded the motion and it was so voted. At 8:05 P.M. hearing was declared open on the Hill application of Mildred D. Hill for permission to maintain Garage a one car garage of wood frame construction at 18 Belfry hearing. Terrace. No persons appeared in favor or in opposition. Mr. Potter moved that the permit be granted subject to the approval of the Building Inspector. Mr. Clark seconded the motion and it was so voted. At 8;30 P.M. Mr. Randall B. Houghton, Chairman of the School Committee, appeared before the Board. The Chairman told him that Mr. George Smith was willing_to Smith sell the lot of land contAining 19,000 plus feet for the property sum of $1000.00. He said that the Selectmen were not , interested, but thought that the School Department might be as if the land was of any value to the Town, 1 1 its value would be with the School Department. Mr. Potter stated that he thought that the lot was a fairly good buy. Mr. Houghton stated that he had looked over the lot and thought that it might be a good idea to own to the fence. He took a plan of the land and stated that he would take up the matter with the School Committee. Letter was received from Calvin W . Childs to which was attached an article which he requested the Board to insert in the Warrant for the Sept. 21st Town Meeting. The article was to see if the Town would change to a C.1 District, the triangular piece of land at the junction of the Concord Turnpike and Watertown Street. Mr. Clark moved that the article be inserted in the Warrant for the Sept. 21st Town Meeting. Mr. Giroux seconded the motion and it was so voted. The Supt, of the Park Division appeared before the Board and stated that he would like the assurance of the Board that he would get more money for labor about November 1st. He said that when his budget for 1936 was being discussed, the Secretary of the Appropriation Committee called him and asked him where he could out his appropriation $400. or $500. Garrity told him that he could deduct the amount from the labor item provided Welfare help was furnished. The Welfare help was not provided. The Chairman asked what would be neglected if the money was not provided. He replied that the edges of the various parks would not be taken care of and one man would have to be laid off. He had Engaged an extra man and asked for $200. to take care of his wages for the past summer. Mr. Garrity said that $500. had been provided for the tennis court fence and that if this were not erected, the $500. would just about wipe out the deficit. Mr. Potter said he did not see how they could eliminate erecting this fence when the money had been specifically provided in the budget. The Chairman remarked that if the Appropriation Committee allotted only _6025. for labor when Mr. Garrity asked for more, that all the work he had planned to do could not be done for that amount and therefor some would have to be left undone. He did not think that the Board would be justified in approving spending more money for labor than was provided. Mr. Garrity said that two men would have to be laid off about October 1st if additional money was not provided. Mr. Garrity,said that he thought that he would have the receipts from the Tower Fund to use, but that this had already been included in the budget. These receipts amount to about $475.00. Mr. Clark stated that he would not care to approve additional funds. Mr. Garrity stated that he understood that the Board's feeling was for him to ft 15 Art is le f or warrant. 16 �e erect the tennis court fence and then lay off his men as ' he saw fit. The Chairman told him that the Board wished him to live within his budget. He retired. At 8:45 P.M., Mr. Bates of the W.P.A. appeared be- fore the Board to discuss the proposed airport to be maintained by Concord.. Lexington and Bedford. He said that he had bad a very difficult time in getting options on the land, but that now they were all in but one. Bedford and Concord bad practically assured him that they would support the airport. The Chairman of the Board of Selectmen in Concord had interviewed personally, each person complaining about.the proposed airport and that all had admitted that they had no grounds for their complaints. He said that the Bureau of Air Commerce had just completed a report containing -the whole story of W.P.A. airports and this report is to be released soon. The Bureau is putting in airports in North Adams, Athol and Fitchburg and would like to have another one nearer Boston. If the three towns do not put this airport through, he had been practically assured that the matter will be taken up at the next session of the state Legislature and will be put in as a State project. He Proposed said that Concord felt that the airport would be a good Airport. thing if run properly; that night flying would be elimin- ' ated and that Sunday flying would be regulated so that there would be no trouble. Concord has already stated that it did not want such things as $1.50 "hops" to show the historic points, and if the airport is controlled locally, that can be eliminated. He said that the status of the project was about the same as far as dollars and cents go, and that the sponsor's contribution was also about the same. The Bureau of Aeronautics has asked for $150,000, instead of $100,000. which will mean that much more l4bor can be furnished by the three towns. Lexington's contribution would be $3080, at this time and would be for the purchase of the land. The only cost above that would be for furnishing tools and tool houses, supervision, and the loan of machines and equipment that the Town might awn. Mr. Clark asked what the $150,000. included. Bates replied that that was just for the runways. The land would have to be drained and they were figuring on opening up three brooks and clearing the land well above the runways, and perhaps raising some of them so that they will be dry throughout the year. There are about 200 acres of land. This figure did not include the hangars nor the lights for night flying. Mr. Giroux asked if the Government planned to put up the hangars and ,install the lights. Mr. Batessaid that it planned to build the hangars and put in lights , if night flying was allowed. Whatever hangars that were 17 ' built would be turned over to the three towns. Mr. Giroux asked if this would become a U. S. Reserve Field. Mr. Bates said that it might in time of war but not if it were run by the towns. Mr. Clark asked if anyone in Concord, Bedford or Lexington owned a plane, and Mr. Bates said that he did not think so but that one man in Carlisle owned a plane. Mr. Bates said that the Dept. ✓of Air Commerce was lining up these field every so many miles for emergency landings. Mr. Giroux asked Mr. Bates if he recalled the question before the joint meeting in Concord when he asked if the Government would demand the towns to hold onto the field if after two or three years, they found that it was a fin- ancial failure. Bates said that he did and that the towns would be -free to dispose of the ;field at any time without the consent of the Government. Bates said that if the airport were put in by the Bureau of Air Commerce, the field cotAld not be used for private flying at all. He said that he thought that there was interest in aviation in Lexington and the other two towns and if the people had a place to house their planes, they would buy them. Mr. Ross asked if the Board decided to present this to the Town, if the Government would send a representative to the meeting to explain the matter to the Town Meeting Members. Bates said that he believed so and that there was a Mr. Long who was head of these projects in New ' England who would no doubt`be available. Mr. Giroux asked if Mr. Bates had any idea when private planes would be restricted from using the East Boston Airport and he replied that he heard unofficially that they would be put off that airport within a year. Mr. Clark said that he had nobody contact him who was in favor of the airport but that several who were against it had contacted him. Mr. Bates said that he thought that that was natural as people who really wanted a thing did not bother going after it until it looked as though they were not going to get it. The Chairman asked if the airport were constructed by the Dept. of Air Commerce, where the help would come from. Bates said that it would be W.P.A.help`from any part of the State. The Chairman asked if there was any reason why the W.P.A. help could not be taken from the three towns, and Bates said that there was to reason, but that the Towns would not have any such assurance. Mr. Giroux asked if the Dept. of Commerce could write its own rules and regulations provided they are within the Federal and State Laws if it built the airport, and Mr. Bates anatered in the affirmative. Mr. Giroux asked if the three towns built the airport, they would have any legal right to say that an airplane from that particular port should not pass over the centers of the towns. Mr. Bates said that they would, but that of course, there were times when a plane might be in trouble and would then take the shortest route home and it might be over a center. He believed that the Towns could make rules 18 c� x and regulations that would be justifiable and that would cover average flying all right. Mr. Bates said ' that Lexingtonwould not hear the planes flown by students learning to fly as Lexington is three miles from the proposed location and you cannot hear the hum of the motors more than one and a half miles. The Chairman asked if the towns would not be better off to have the Bureau of lir Commerce build the field. Mr. Bates said that the field would then be a commercial proposition and that the towns would get no benefit at all from it. The Chairman asked what would happen if after the project was started, Lexington decided it did not want to support it any longer but Concord and Bedford did. Mr. Bates said that he believed Lexington could withdraw any time it wished and that Concord and Bedford could continue the project. Mr. Bates said that he thought the airport was going in and the only thing to be decided was whether or not Lexington wanted to join with the other two towns and appropriate its share of approximately $3,000.00. The Chairman asked what the penalty would be if Lexington did not appropriate these funds. Mr. Bates said that he did not think there would be any penalty. He said that he knew the officials would do everything they could to put the project through under the control of Concord and Bedford. He thought that the, project was big enough for the Town to decide on and the Selectmen should put the matter to a vote. ' Mr. Bates said that the towns were supposed to supply the material for the hangars, but in other cases, second- hand material was available from buildings taken down by the W.P.A. and these materials had been used as the townst contributions. He said that he was told that the erection of the hangars could be arranged and said that the lights were entirely a Government proposition. He was assured that khterials would be available for the walls, etc. of the hangars. Mr. Clark asked how it was that the town's con- tribution was not increased in proportion with the increase made by the Bureau of Aeronautics. Mr. Bates said that Lexington's share would not be larger even though the cost was going to be increased from $100,000. to $159,000. Mr. Clark asked if Engineers had checked to see if there would be any claims on account of land damages due to the drainage that will be done on the airport. Mr. Bates said that they had not but that the water flowed through natural courses and he did not believe that the water would overflow its banks before it reached the Shawsheen River and there will not be any more water flowing down there than than there is now. Mr. Bates said that they had been having difficult7 getting engineers to do the surveying work but that it ' would start next week. Mr. Bates rdtired. Mr. Giroux moved that the Board of Selectmen approve placing the question of an airport in the Warrant for the next Town Meeting fob the Town to vote on and that the Selectmen go on record as being in opposition to the Town's taking part in the venture. Mr. Potter seconded the motion and it was so voted. Letter was received from the Supt. of Public Works with regard to the Appropriation Committee's inquiry as to whether or not there would be any damage claims against the Town on account of improvements to Vine Brook thereby discharging a greater amount of water into Butterfie ldts Pond. Mr. Raymond said that the two culverts in Burlington would be damaged because they were inadequate but there would be no damage any more than at the present.time. It was his opinion that due to the widening and deepening of the brook there would not be any damages if conditions remained the same. _ Mr, Giroux moved that a copy of the letter be sent to the Appropriation Committee, Mr. Ross seconded the motion and it was so voted. The Supt. of Public Works submitted a list of his requirements for the balance of the year as follows; ITEM AMOUNT. Highway Maintenance $5500,00 ' Snow Removal Equipment, etc. 3000.00 New Equipment - Highway Department 2500,00 Warren Brothers Bill - Penolithic Pavement. 403.20 Engineering Dept. for assistance and labor. 860.00 Park Department 500.00 Pump for Odorless Cart 410.00 Ediphone Equipment - 8upt. of Public Works? Office. 550..00 Public Works - Labor, Materials, Expenses 10000.00 Public Works Building, Expenses. 1400,00 Town Offices & Cary Mem. Bldg. Expenses 450.00 Sewer Maintenance 500,00 Bloomfield Street Trench Repair. 1049.78 19 Vine Brook Drainage. Supt t s . Requirements. Total $27122.98 He also requested that the sum of $529.51 be trans- ferred from the Trunk Line Sewer Construction Account to the Trunk Line Sewer Repairs Account. The Chairman asked why sewer connections should be charged to Sewer Main- tenance, and Mr. Ross said that they should not. The Town Accountant stated that the Sundry Streets approp- riation could not be used for sewer services, because the Town vote specified that the money was to be expended for main sewers, but that it could be done with a vote ' of the Town Meeting. Mr. Ross stated that a separate account should be set up for sewer connections, and the Chairman agreed with him. Sewer Connections 20 r� �c Mr. Giroux remarked that Mr. Raymond's salary would have to be voted on at this meeting. Mr. Raymond said , Mr. Ray- that there were certain -things that would have to be mond's decided on, such as whether or not he would be allowed salary* to continue to live in Beverley and be furnished trans- portation, etc. It was decided to discuss the matter, together with his requirements as listed above, at next week's meeting. Mr. Raymond requested the Board to sign a release in Police car, the amount of $40.95 covering the cost of repairs to the insurance. Police Dept. car as a result of the accident on June 6th when Mr. George Graves' car struck it. Mr. Clark moved that the release be signed. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that a public liability insur- Insurance. ance policy which had been placed through the office of Edwin B. Worthen expired on Sept. 1st, 1936. Mr. Potter moved that the insurance policy be renewed through the same office. Mr. Giroux seconded the motion and it was so voted. Upon motion of Mr, Ross, seconded by Mr. Potter, it was voted to sign an agreement with the Town of Arlington, as follows: AN AGREEMENT made this 25th day of August 1936, , between the Town of Arlington, a municipal corporation in Middlesex County, of the one part, and the Town of Lex- ington, a municipal corporation in Middlesex County, of the other part, whereby it is mutually agreed as follows: 1. The Town of Arlington will furnish water from its Metropolitan District Supply to the Town of Lexington at the prevailing Arlington rates as follows: For the first 10,000 cu.ft., 230 per 100 cu.ft. Above 10,000 cu.ft. up to 20,000 to to 21 to to to It20,000 " 11 " " 50,000 to of14 " 50,000 " to To " 250,000 to " 17to Over 2501000 " " 15to " to of or at such rates as may be established by the Town of Arlington in the future, water to be delivered at the Lexington -Arlington line, -on Lowell Street, Lexington, at the end of the present Arlington main at that point, into a main to be installed by the Town of Lexington in the said Lowell Street. The Town of Arlington will install and msintain a meter in a chamber to be built and main- tained by the Town of Lexington at the said junction of the two lines, and will bill the Town of Lexington for ' water so furnished as shown by the said meter. The said meter shall be open to the inspection of the agents of n 21 the Town of Lexington at all reasonable times. 2. The Town of Lexington agrees to pay the Town of Arlington for the said water at the above mentioned rates. 3. This agreement to become effective on the date the water is delivered into the Lexington main and shall remain in force until six months after written notice by the one party hereto to the other of intention to terminate the same. IN WITNESS WHEREOF the parties hereto have hereunto set their respective hands and seals, acting by the res- pective Board of Public Works of the Town of Arlington and the Board of Selectmen of the Town of Lexington thereunto duly authorized. TOWN OF ARLINGTON By Loren W. Marsh James R. Smith Board of Public Works. TOWN OF LEXINGTON By Charles E. Ferguson Archibald R. Giroux Philip M. Clark William G. Potter Albert A. R oss Board of Selectmen, The Supt. of Public Works reported that the Standard Oil Co. intended to set back the pumps at Dailey's garage at 34 Bedford Street so that they will be one-half way Pumps at between the sidewalk line and the present building. The Dailey's Company wanted to know if they would have to present any garage, petition for permission to move the pumps. Mr. Raymond said that he did not know of any regulations covering this other than a permit to excavate the sidewalk. The chairman remarked that they probably would not move the an butould move the- pumps only.' -No actioi was taken n e mater. Mr. Raymond reminded the Board that the appointment of the Acting Supt, of the Water and Sewer Division Appointment expired on October 1st, It was decided to hold the matter over for one week, Mr. Giroux left the meeting at 10:14 P.M. The Supt. of Public Works informed the Board that the garbage contract expired on October 1st, 1936. The Chairman suggested that Mr. Potter go over the present 22 e� c� contract with Mr. Raymond to see if there should be any changes in it. He said that he felt that the taking of ' Garbage bids should be advertised in the local paper. contract. Mr. Clark moved that the taking of bids be inserted in the local paper and that bids be received by the Board of Selectmen at their office on the collection of garbage for three years, until 5:00 P.M. on September 15, 1936. Mr. Potter seconded the motion and it was so voted. . Letter was received from the Acting Supt. of the Salary Water and Sewer Division requesting that the salary of increase. the Water Registrar be increased from $16. to $18, per week, effective immediately. The matter was held over for one week. The Supt. of Public Works submitted a bill in the Bill for amount of $7.00 presented by Merton R. Lovett for information information secured relative to the Beverly Airport, re airport. Inasmuch as this was done upon the request of the Selectmen, Mr. Clark moved that the bill be approved and charged to the Selectmen's appropriation. Mr. Ross seconded the motion and it was so voted. The Board signed an order for the extension of the water main in Kimball Road from the present end a distance of approximately 50 feet, as follows: The Board signed the contract for the Chapter 90 Maintenance work on the following streets: Woburn Street - 1.08 miles ' Lowell Street - 0.33 mile Chapter 90 Waltham Street - 1.93 miles Maintenance. Concord Avenue - 2.24 miles Mass. Avenue . - 2.45 miles Bedford Street - 0.13 mile Wood Street - 1.55 miles Pleasant Street - 0.48 mile Watertown Street - 0.40 mile Maple Street - 0.12 mile Mr. Raymond informed the Board that there was an Elm tree six or seven inches in diameter located in the Removal of gutter in Waltham Street about 200 feet beyond Ryder's tree* driveway, and he recommended that a hearing be held on the removal of the tree. Mr. Clark moved that a hearing on the removal of the tree in the gutter on Waltham Street be held. Mr. Ross seconded the motion and it was so voted. The Board signed an order for the extension of the water main in Kimball Road from the present end a distance of approximately 50 feet, as follows: ORDER OF TAKING ' By the Town of Lexington of Easement for the Construction of a Water Main. KIMBALL ROAD (From the present end a distance of approximately 50 feet southweaterly). WHEREAS, at a meeting duly called and held on March 16, 1936 and adjourned to March 23, 1936, the town meeting of Lexington, pursuant to an article in the Warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets as may be applied for during the year 1936, in accordance with authority contained in the By -Laws of the Town, subject to the assessment of betterments, and to thke by eftinent domain the necessary easements therefor, and for the purpose of said installation the sum of $2,000. be transferred from Water Dept. Available Surplus, and the sum of $1,000. be transferred from the Water Assessment Fund." ' AND WHEREAS, the right of way and easement herein- after described and taken are necessary for the establish- ment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred up6n them by the fore- going vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of con- structing and maintaining a water main in Kimball Road from the present end a distance of approximately 50 feet southwesterly as aforesaid, the following easement, namely: The rigit to enter upon the land shown as Kimball Road on a plan entitled, "Plan of Proposed Water Main in Kimball Road, Lexington, Mass., Scale l in. - 40 ft., August 25, 1936, Joheph A. Ross, Acting Supt., Water Dept.", owned by Ernest E. MacPhee and construct therein a line of water main with all necessary connections, shut -offs and appurtenances substantially as shown on a plan of Joseph A. Acting.Supt., Water Department, dated August 25, 1936, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said ' town or other duly authorized awents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of n7r*l Ross, 23 24 initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good con- dition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Acting Supt., Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each such parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its•and their own use and behoof forever agreeably to the provisions of the said Chapter 79 of the General haws and all pertinent acts in amendment thereof or supple- mental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this twenty-fifth day of August, 1936, Charles E. Ferguson Selectmen Archibald R. Giroux Philip M. Clark of A1Bbrt A. Ross William G. Potter Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Aug. 25, 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 by them sub4cribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, James J. Carroll, Notary Public (Term expires Mar.11, 1938) c-� 1 25 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOIE GOING ORDER. ' KIMBALL ROAD (From the present end a distance of approximately 50 feet southwesterly). Owner as of Jan. 1st 1936. Lot No, Assessment. Ernest E. MacPhee 28 $67.50 The Board signed an order for the extension of the water main in Lowell Street from the Arlington -Lexington line a distance of approximately 175 feet, as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. 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 45 of the Warrant the following vote: "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets as,may ' be applied for during the year 1936, in accordance with authority contained in the By -Laws of the Town, subject to the assessment of betterments, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of $2,000, be trans- ferred from Water Dept. Available Surplus, and the sum of $10000. be transferred from the Water Assessment Fund". VOTED: by the Selectmen acting as a Board of Water and Sewer Commissioners under the authority of the fore- going vote and of every other power them thereto enabling, that a water main be constructed in Lowell Street from the Arlington -Lexington line a distance of approximately 175 feet, substantially in accordance with plan of Joseph A. Ross, dated August 25, 1936,a nd entitled, "Plan of Proposed Water Main in Lowell Street, le xington, Mass., Scale 1 in. - 30 ft., Aug. 25, 1936, Joseph A. Ross, Acting Supt., Water Department". Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. 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 Lowell Street beginning at the Arlington -Lexington T6wn PT line and extending northerly a distance of approx- imately 175 feet. The sa id area comprises .the several lots shown upon the plan o Joseph A. Ross, Acting Supt., Water Department 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 marked "B" which is hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this 25th day of August, 1936. Charles E. Ferguson Boar d of Archibald R. Giroux Selectmen Philip M. Clark of the Albert A. Ross Town of William G. Potter Lexington COMMOY EALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington Then pe sonally appeared the above named Charles E. Ferguson, William G. Potter, Philip M. Clark, Albert A. Ross, and Archibald R. Giroux and severally acknowe ledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commission- ers of the Town of Lexington; Before me; James J. Carroll, Notary Public. (My term expires Mar. ll, 1938) SCHEDULE B. SCHEDULE OF ESTIMATED BETTERMENTS REFERRE D,TO 7N THE FOREGOING ORDER. LOWMbL STREET (From the Arlington -Lexington Line a distance of approximately 175 feet northerly). Owner as of Jan. lst, 1936 Lot. Assessment. Katherine A. Barrett Katherine Hall Town of Arlington #5 $57.68 A 48.95 162.00 $266.63 L_� �J 1 1 7-7 u The matter.of drainage of the McIntosh lot at Edgewood Road and Meriam Street was held over for one week. Mr. Ross informed the Board that the Lexington Trust Company was going to resurface and install water and sewer in Preston and Blake Roads. Mr. Little and Mr. Walker, representing the Bank, wanted to know whether or not the Town would object to emptying the drainage water onto Simonds Road. They are not going to ask the Town to spend any money for streets or the installation of water and sewers. Mr. Raymond said that he did not think that they could stop the Bank from dumping the water there, but if the Town tells them they cannot do work on Simonds Road, he thought they could not make the Preston Road improvement as they could not do so without touching the limit of Simonds Road. The Chairman stated that he did not think the Town wanted to stop the Bank from doing the work. Mr. Raymond stated that he thought the emptying of the water into Simonds Road and Burlington Streets would aggravate the condition which Miss Kilcup has at her property. Mr. Ross said that the Bank wanted assurance that the Town would not file suit against it for damages. Mr. Clark said that the Bank wanted to develop the land and build as long as the tax rate is down to where it is now and 3f the tax rate staye down and the Bank sells the land, it will keep on developing. The Chairman asked what it would cost to install drainage in Simonds Road and Mr. Raymond said that a rough estimate would be about $5000. The Chairman asked if it would be possible to dump the water into Kinneen's Pond. Mr. Raymond said that it would be possible physically, but that the pond would overflow much more rapidly than it does now. The Chairman asked if it would cause any appreciable damage within the next couple of years. Mr. Raymond said that the Pond would overflow about once a year where it now overflows every five years. The Chairman said that the Board has two choices - to dump the water into Kinneen's Pond or expend $5000. for drainage. He asked what was going to happen if the water was dumped onto Simonds Road. Mr. Raymond said that the street would be covered with ice and that the hazard would be increased greatly. Mr. Raymond stated that it would cost $1500. or $1600, to dump the water into Kinneen's Pond without any allowance for pavement replacement. Mr. Raymond said that if the Bank was going to spend $8000. or $9000. for improvements, he thought the Town would be justified in borrowing $6000* for its contribution. Mr. Raymond said that there was a question as to whether or not the Town would accept these 27 McIntosh lot. Drainage - Simonds Rd. and Burlin@ ton Streets and work on Preston & Blake Rds. 28 c� r� >c two streets after they were constructed. He told Walker that he thought the Town would be willing to do so if there was a suitable roadbed. He thought that the con- tractor should be forced to furnish a five year mainten- ance bond. The Chairman thought that it would be logical to insert an article in the Warrant for the next Town Meet- ing to see if the Town would vote to accept the streets. Mr. Clark moved that the Board agree to inserting in the Warrant for the next Town Meeting, an article to see if the Town will vote to install drainage in Simonds Road, Burlington &hd Grove Streets. Mr. Potter seconded the motion and it was so voted. Mr. Ross moved that the following resolution be adopted; RESOLUTION NO. 1. A resolution authorizing the Town of Lexington, Mass- achusetts to file an application to the United States of America through the Federal Emergency Adminis- tration of Public Works for a grant to aid in financing Resolution the construction of a sanitary sewer and storm drain re drain & and designating Mr. John W. Raymond, Jr. to furnish sewer, such information as the Government may request. Be it resolved by the Board of Selectmen of the Town of ' Lexington Section 1, That John W. Raymond, Jr., be and he is authorized to execute and file an application on behalf of the Town of Lexington, Massachusetts to the United States of America for a grant to aid in financing the construction of a sanitary sewer and a storm drain. Section 2. That John W. Raymond, Jr. is hereby authorized and directed to furnish such informmtion as the Uhited States of America through the Federal Emergency Admin- istration of Public Works may reasonably request in connection with the application which is herein authorized to be filed. Mr. Potter seconded the motion and it was so voted. Letter was received from the Health Inspector stating Central that he had made inspections at the Central Block twice Block. this w eek and found a great improvement. He said that no health menace existed at the present time and that he would say that the place was kept clean. Letter was received from the Town Counsel stating that in order to proceed to prosecute on account of a health nuisance, a preliminary to further proceedings is that an order must be served on the owner or occupant of; 29 his authorized agent in a manner in which civil processes ' are served. The order may designate a time limit within which the nuisance is to be abated and then if it is not Town Counsel abated, under Chapter 111, section 125, the Board may opinion re abate it and charge the expense to the owner after he has health had actual notice. Under Section 128, after a written nuisances. notice to the occupant of a dwelling to clean or vacate within a time limit, the Board may then, at the expense of the owner, order removal of the tenant and close the premises until the Board issues a new permit to open it. Under Section 130, the Town may proceed by a bill in equity to obtain an injunction. If it is preferred to proceed criminally, a complaint must be made to the District Court for a violation of Chapter 3, Section 1 of the Health Regulations. The following water liens were signed: John F. & Alice Heaney - Chase Ave. - $14.11 Water Manuel E. & Maria C. Mederios, Liens. Charles Street - 18.30 1 1 The Board voted to grant the petition of the Edison Electric Ill. Co. and the New England Tel. �- Tel. Co. for permission to set one pole and remove one pole on Marrett Road approximately 20 feet west of Prospect Hill Road. Letter was received from Allan W. Rucker stating that the Committee appointed to study the welfare situation expected to make a report within a couple of weeks. Mr. Rucker asked if the Committee was privileged to call upon the Town Counsel for information and interpretation of the Welfare Laws. Mr. Ross moved that the Committee be granted permission to consult the Town Counsel when necessary. Mr. Clark seconded the motion and it was so voted. Pole location. Committee re welfare. The Town Counselts letter on a new Act authorizing Retirement towns to adopt a general retirement system for aged employees system. was held over for one week. Application was received from the Salvation Army for a license to collect junk in the Town of Lexington. Mr, Junk Clark moved that the license be granted and that no fee License. be charged. Mr. Ross seconded the motion and it was so voted. Application for an overhanging sign at 11 Waltham Street was received from Eugene Derby. Mr. Ross moved that the permit be granted subject to the approval of the Building Inspector and the filing of the insurance covering the sign. Mr. Potter seconded the motion and it was so voted. Overhanging Sign License TE Letter was received from the State Planning Board Inventory requesting the Selectmen to make an inventory of public of Pub. works needs and from these inventories, present a program Works needs.upon a sit year basis. Mr. Ross moved that the matter be referred to Mr. Raymond for recommendation and report. Mr. Potter seconded the motion and it was so voted. Letter was received from the Lexington Field and Art. in Garden Club requesting that an article be placed in the Warrant re warrant to see if the Town will vote to develop and improve Depot Park. Depot Park in cooperation with the Field and Garden Club, Mr. Clark moved that the matter be he ld- over for on:e week for further data and i'nformat ion. Mr. Ross seconded the motion and it was so voted. Letter was received from Francis S. Dane requesting that an article be placed in the Warrant to see if the Town would vote to install drainage in Washington Street and Highland Avenue. Mr. Dane said he thought that it Drainage, would be necessary at this time only to take care of the Washington drainage on Washington Street and carry it along on Street. Highland Avenue possibly 100 feet and then allow the water to continue in an open drain as it is at present from a point about opposite Mr. Gadd's garege. Mr. Raymond stated that this plan was feasible but was only a temporary measure. Mr. Clark moved that the matter be held over for one week so that Mr. R symond could submit an estimate covering Mr. Dane's suggestion. Mr. Giroux seconded the motion and it was so voted. The Welfare Agent submitted a letter stating that it would require at least $25, 000., and possibly $30..000. would be required to covdr expenses of aid under Chapters 117 and 118 for the balance of the year. The expenses Welfare under these two chapters have been running at an average approp- of about $6000. per month. He said that the increased riation. expenditures for the last six months of 1935 and the first six months of 1936 were due to the fact thatc'duftng this period, no new cases who came onto relief could have a member placed on any of the E.R.A. or W.P.A. projects. Therefor relief had to be given from town funds and this caused an increase of an average of from 12 to 30 cases. The Board decided to hold the matter over until next week. The Welfare Agent discussed welfare matters with the Board. The meeting adjourned at 11:05 P.M. A true redord, Attest: `_ -Clerk. D 1