HomeMy WebLinkAbout1937-01-12220
SELECTMEN'S MEETING
JAN. 12, 1937.
A regular meeting of the Selectmen was held in the
Selectmen's Room, Town Office Building, at 7:00 P.M.
Chairman Ferguson, Messrs. Potter, Giroux and Ross were
present. The Clerk was also present. Mr. Clark
arrived at 9:15 P.M.
Letter was received from the Town Clerk stating
that in the future he would plan to be present when
Jurors. jurors were drawn in accordance with Section 19,
Chapter 234 of General Laws. Inasmuch as one juror
was to be drawn, Mr. Carroll appearedibefore the Board.
Donald Love, broker of 1361 Mass. Ave., was drawn to
serve on criminal business at Cambridge, beginning
February lst, 1937.
Mr. Raymond stated that if there was going to be
any snow at all this winter, it would be necessary
to have a supply of tire chains. Several companies
had submitted prices to him and the total amount of
Tire chains. the order, allowing for a 15% discount, was $341.51.
He proposed to charge $301.00 bf this to the Snow
Removal appropriation and to divide the balance between
the various departments. Mr. Raymond said that the
.Sullivan Automotive Co. of Waltham had submitted a
price which was the same as that submitted by the other
dealers and said that the partners in this company were
Malcolm Clifford and James Walsh, Jr. of Lexington.
Mr. Giroux moved that the order be placed with
the Sullivan Automotive Co. of Waltham. Mr. Potter
seconded the motion and it was so voted.
Mr. Raymond informed the Board that he had received
a request from Mrs. Henry Clark of 618 Mass. Avenue.
When the water main was laid by there several years ago,
Mrs. Clark stated that some of their bank was removed.
She spoke to the Supt. of Public Works in office at the
Clark time and was told that it would be necessary to remove
Complaint. the trees which were partly on private land and partly
on the highway. The Clarks have removed the trees
but the stumps are still in there. They have four or
five stone steps which project into the highway. Mr.
Raymond thought that the thing to do was to remove
the steps, slope down the bank and put in a gravel
walk. Mr. •Paxton's estimate for this work is $175.00.
Mrs. Clark claims that some of the people in the vicinity
were given stone walls when the highway was put in and
that nothing was done for her. Mr. Ross moved that no
action be taken on the matter. Mr. Potter seconded
the motion and it was so voted.
1
221
Smith'
land.
Shea pay
as witness
in Ryder
case.
Supplies
for trunk
line sewer.
Mr. Raymond asked if he was to proceed to make
surveys, etc., of the "Smith property" near the Parker
School. He said that the lines were indefinite and he
could not say how much land the town was going to get.
He asked the Town Engineer to see if he could determine
where the lines were and Cosgrove reported that he
could not find any reference points. Mr. Giroux moved
that a survey be made of the property lines of the
"Smith land" for the purpose of determining the bounds
so that the matter might be presented at the Annual
Town Meeting. Mr. Potter seconded the motion and it
was so voted.
Mr. Raymond said that Michael Shea, a Highway
Dept. employee who is paid by the hour, served as a
witness in the Ryder Drainage case last week. Of
course he was not paid for work on the Highway Depart-
ment. Mr. Raymond thought the man should be paid but
did not think it should be charged to the Highway
Maintenance appropriation. Mr. Wright ington said that
there were no funds in the Law Department appropriation
to pay the man.
Mr. Giroux moved that Shea be paid his regular
wages for serving as witness in the Ryder Drainage
Case and that the expense incurred be charged to the
Unclassified Account. Mr. Ross seconded the motion
'
and it was so voted,
Mr. Raymond reported that the Sewer Department
started excavating for the trunk line sewer repairs
between Mass. Avenue and Vine Brook Road today. He
said that they were going to need approximately a
mixed car of pipe six inches and twelve inches. They
are not sure that they will need all of the six inch
pipe but they do know that they will need all of the
twelve inch pipe. The cost of this pipe will amount
to approximately $350.00. He said that they would
need,1000 or 1100 feet of lumber also. The total
supplies needed will amount to approximately $600,
and that is the amount not more than which can be
charged to the Sewer Maintenance appropriation in one
month. If this is charged to Sewer Maintenance, it
will wipe out that account for this month. He asked
if the Board would approve charging the expense to
the Sewer Stock Account, and then transferring it back
from Sewer Maintenance when there were funds available
in that account.
Mr. Potter moved that the expense be charged to
the Sewer Stock Account. Mr. Giroux seconded the
'
motion and it was so voted.
Mr. Raymond stated that he had asked for some
funds under a separate appropriation for equipment and
machinery but that he had asked for more funds under
221
Smith'
land.
Shea pay
as witness
in Ryder
case.
Supplies
for trunk
line sewer.
222
Highway Maintenance for equipment and repairs, etc. '
Under the separate appropriation, he had requested
Machinery a new car for the Highway Department. He stated
Account. that he would take this item out of that appropria-
tion and substitute the item for equipment and
repairs and would thus work out a machinery account
such as required by the State if reimbursement for
work done under Chapter 90 is to be made.
Mr. Giroux moved that Mr. Raymond work out the
matter in this way. Mr. Potter seconded the motion
and it was so voted.
Mr. Raymond informed the Board that they were
going to be stopped on the Clematis Brook project
and were not going to be allowed the use of W.P.A.
Clematis funds beyond a point about 300 feet south of Moreland
Brook Avenue. They are now working 400 or 500 feet north
project. of Moreland Avenue with the shovel and W.P.A.,.men.
They will need to get in on the Morash property very
soon and cut out the brush to allow the shovel to
continue. He thought it too bad not to keep the
shovel going as long as possible in this good weather.
Mr. Raymond would like to assign some Welfare men to
cut trees, remove mats, etc., and suggested that one
man be placed in charge, and.said that he had Mr.
Thomas Doherty in mind. '
Mr. Ross moved that the request be granted. Mr.
Potter seconded the motion and it was so voted.
Mr. Raymond read a letter which he had received
Use of Hall. from Father McCarthy requesting a reduced rate for the
rental of Cary Hall for a Reunion on February 8th,
1937. Mr. Giroux moved that the use of the hall be
ranted subject to the payment of the reduced rate of
15:00. Mr. Potter seconded the motion and it was so
voted.
Mr. Raymond said that he understood from the
Taylor's Selectments Records of December 15th that the Town was
insurance. to pay the insurance on Chief Taylor's car but that he
had received no letter on it. He said that he under-
stood Mr. Taylor was to pay part of the insurance. Mr.
Ross m t
moved that the insurance on Mr. Taylor s car be
paid by the Town but that the additional cost of insuring
the car with M plates be deducted from the allowance
made Mr. Taylor for his car. Mr. Potter seconded the
motion and it was so voted.
Mr. Raymond said that he heard that the East Street
Culverts. and Bowser Road culverts had gone from the State to '
Washington and he expected they would be back about
February 1st, 1937.
F
Mr. Raymond said that the Highway Department uses
printed time sheets with the employees' names on them
and that more are needed. He said that about 2000
could be printed for $20.00. Mr. Potter moved that
the purchase of the time sheets be approved. Mr. Ross
seconded the motion and it was so voted.
Mr. Raymond said that he would like to start some
operating cost sheets for equipment and could get about
2000 of them for about $20.00. Mr. Giroux moved that
the purchase be approved. Mr. Potter seconded the
motion and it was so voted.
Mr. Raymond said that last year the Supt. of
Public Works requested the heads of the departments
under his supervision to submit a list of their re-
quirements for office supplies for the year and in .
this way lower prices were quoted. He wanted to know
if the Board wanted him to continue this policy. Mr.
Giroux moved that he continue the practice. Mr. Potter
seconded the motion and it was so voted.
Mr. Raymond said that they have been losing a great
many light bulbs at the Public Works Building. Probably
one bulb a day is taken and they cost 20¢ apiece. It
seems probable that they are being stolen. He said
that lock sockets could be installed so that the light
bulbs could not be removed other than by turning a key.
These locks would cost about $60.00. The Chairman
said that he thought it was a good idea but wondered
if this should be done before the Annual Town Meeting.
Mr. Raymond stated that the greatest loss would come
'in the winter months when it was darker.
Mr. Giroux moved that the cost of the look sockets
be included in the budget for Public Works Building
Expenses. Mr. Potter seconded the motion and it was so
voted.
Mr. Raymond stated that he had settled the four
claims on the Mill Brook blasting and apparently the
news is beginning to get around that the Town was
settling. Two claims have come in from people who state
that they called Lex. 0500 about the time of the blasting
and reported the damage, but that no one has been down
to look into the matter. Mr. Raymond said he thought
those statements were false as there would be a record
of the calls. They investigated every claim that came
in up to last Friday. The point that is worrying him
is whether or not he should send anyone down to make an
investigation as he thought perhaps the people merely
wanted to establish a contact.
Mr. Giroux moved that no action be taken on the
two claims. Mr. Potter seconded the motion and it was
so voted.
2,23
Time sheets
and opera-
ting cost
sheets.
Supplies
for year.
Lights at
Publ is
Works
Building.
Mill Brool-
blasting
claims.
224
Mr. Raymond stated that he had another letter from
a Mr. Tucker who was claiming damages in excess of
$200.00. He called on Mrs. Tucker and asked her to
Tucker reduce her claim but that she said they could not do
claim. it. Mr. Raymond read a letter from the Tuckers asking
what the Town was going to do as .their ceilings were
getting worse and stating that if he thought that the
price submitted by them was too high to advise them as
to what he thought the damages were worth. Mr. Raymond
said that he thought Higgins' estimate was less than
one-half of what Tucker was asking.
Mr. Giroux moved that Mr. Raymond be authorized to
submit an offer to the Tuckers for what he thinks is a
fair amount. Mr. Potter seconded the motion and it was
so voted.
Mr. Raymond submitted a report covering some
Water Con.
studies which Joseph A. Ross and he had made. He said
program.
that they had made up a five year program for replace-
ment of four inch water mains and providing two essential
new mains in Oak and East Streets. He said that he was
submitting this program which would furnish reasons for
asking $10,000. for water construction in 1937.
Follen Rd.
The Chairman requested Mr. Raymond to call on Mr.
Parking.
H. Dudley Murphy of Summit Road and discuss the matter '
of parking on Follen Road with him.
Letter was received from Eugene J. Viano, President
g
of the Colonial Garage, Inc., stating that he had noted
that the Town had purchased a Federal truck and inasmuch
as there was no dealer in Federal Trucks located in
Lexington, he assumed that this business was placed.
outside of the town. Mr. Viano stated that his company
Viano re
were dealers in General Motors trucks and he said that
purchase of
he thought it would be a good policy to determine who
truck.
in Lexington sold trucks of the type and size to fit
the town's requirements. The letter stated that this
latest incident was another example of an intolerable
situation which permitted the taxpayerst money to be
spent indiscriminately for the benefit of non -taxpayers
when there are taxpayers in Lexington who are not invited
to bid for business. Mr. Viano asked when the Town was
going to have a standardized method of purchasing.
Mr. Raymond stated that he supposed the answer to
that was that he did not advertise. He said that he did
not know how the Federal people knew that the Town was
in the market for a truck but perhaps Mr. Paxton did..
He said that he did not intend to slight anyone. Mr.
Ross stated that Mr. Viano telephoned him and said he
'
thought he should have been allowed to bid on the truck.
Mr. Ross said that he thought Mr. Viano had a just
cause for complaint and that he should have been given
' a chance to bid. The Chairman said that he thought it
probably would be a good idea to insert a notice in the
paper when cars and truths were to be purchased in the
future. Mr,. Potter said that he thought that was a good
idea. Mr. Raymond said that he thought any item of
equipment in excess of $500. which is a standard thing
should be advertised and the Chairman suggested that the
purchase of anything over $100. be advertised. Mr.
Giroux suggested that Mr. Raymond and Mr. Ferguson work
up a list of dealers in various articles for Mr. Raymond
to have in front of him at alltimes.
It was decided to discuss this matter further at
the next meeting.
Mr. Ross suggested that Mr. Raymond talk over the
matter with Mr. Viano and the Chairman so instructed
him.
At 8:00 P.M. hearing was declared open on the
application of Harry L. Vogt for permission to maintain
a two car garage at 80 Bloomfield Street. Mr. Howard
Custance appeared and presented plan of the proposed
garage. No persons appeared in opposition. Mr. Giroux
moved that the permit be granted subject to the approval
of the Building Inspector. Mr. Rossseconded the
' motion and it was so voted.
At 8:05 P.M. hearing was declared open on the
application'of Antonio Buss for permission to maintain
a one car garage at 46 Lowell Street. Mr. Busa appeared
and presented plan of the proposed garage. No persons
appeared in opposition. Mr. Ross moved that the permit
be granted subject to the approval of the Building
Inspector. Mr. Giroux seconded the motion and it was
so voted.
Frederick McMillen of Cliffe Avenue appeared
before the Board. He stated that he owned eight lots
on Hillcrest Avenue, the taxes on which amount to $13.00.
Mr. McMillen's water betterment assessment for Hillcrest
Avenue amounts to $180.00 and he said that that was
more than the land was worth. Last year the H.O.L.C.
took a mortgage on the property and they probably paid
the apportioned betterment last year.
The Chairman informed Mr. McMillen that Mr.
Raymond would be requested to check up on the matter
and report next week and that he would be advised.
McMillen said that there is no water main in Cliffe
Avenue where his house is. A two inch pipe is extended
from the main to the Adams house and a one inch pipe
' is extended from that to his house. He said that
this was a very unsatisfactory arrangement as in the
stammer when the person next door is drawing water,
McMillen cannot get any. The Chairman stated that this
225
Vogt
garage
hearing.
Buse.
garage
hearing.
McMillen
re water
assessment.
226
c�
�c
was a private pipe and in order to get an extension of
'
the water main, it would be necessary to petition for
it and pay a betterment assessment. Mr. McMillen
wanted to know if he would have to pay a betterment
on both streets and the Chairman said that he would
have to pay only on one street if the lots extended
from one to the other. He retired.
Mr. N. J. Busby, of the New England Tel. & Tel. Co.
appeared before the Board. He said that his company
went into the matter of the pole locations on Blossom
Street quite fully. He said that Mr. Daly made a
mistake when he said that he never saw poles on
Blossom Street until after he received notice for the
new locations. Mr. Busby said that the telephone poles
had been located on Mr. Dalyts side of the street since
1920. In that year his company petitioned for the
location of three poles and after due notice, a
hearing was held and on December 28, 1920, the permit
was granted. A Mr. Rollins appeared in favor of the
petition. In 1924 the Telephone Company petitioned
Poles on
for the location of five more poles on that side of the
Blossom St.
street and after due notice a hearing was held on
November 251, 1924 and the permit was granted. Mr.
Busby showed the original permits and plans giving
locations of the poles when the road was only 30 feet
,
wide and the plans showed that the poles were on Mr.
Daly's side of the street. A taking was made by the
State in 1932 which made a fifty foot road. 'Mr. Busby,
said that his company might have petitioned for re-
locations of the poles but thought it was better to
have a hearing on the matter. He said that he talked
with Mr. Peterson of Blossom Street since he was be-
fore the Board the last time, and Mr. Peterson is very
much in favor of the present locations and believes that
they will be of great value to him when he builds his
gasoline filling station. However, Mr. Busby said
that the Telephone Co. would be willing to remove the
poles if the Board said so. He said that the State
did not want the poles on the other side of the street.
Mr. Potter moved that the petition of the New
England Tel. & Tel. Co. and the Edison Elec. Ill. Co.
for a permit to locate six poles on the southerly and
southeasterly sides of Blossom Street commencing at
a point approximately 45.5 feet easterly from Waltham
Street and extending easterly and northeasterly, be
granted. Mr. Ross seconded the motion and it was so
voted.
Letter was received from the Cemetery Commissioners '
Cemetery stating that George H. Gibson, one of their members,
Commissioners,moved from town last spring and since nothing was heard
vacancy, from him since that time, the Commissioners were ready
' to comply with the requirements of law with reference
to the appointment of a person•to take Mr. Gibwon's
place. It was decided to have the Cemetery Commissioners
attend the meeting of the Board next week.
Letter was received from John J. Rudd requesting
the approval of his using the store at 1849 Mass. Avenue
for the sale of alcoholic beverages. Mr. Giroux moved
that the Board approve the use of this store and that
the Alcoholic Beverages Control Commission be requested
to approve it. Mr. Potter seconded the motion and it
was so voted.
Mr. Giroux suggested that the matter of appointing
someone to the Board of Assessors to fill the vacancy
caused by the resignation of Eliot T. Sturgis, Jr., be
held over for one week until Mr. Clark was present. The
Board felt that someone should be appointed at this
meeting. Mr. Giroux then moved that Eugene T. Buckley
be appointed to the Board of Assessors. The Clerk
stated that Mr. Clark wished to be recorded in favor
of Mr. Buckley's appointment. The Chairman stated that
he thought Mr. Buckley would be much more valuable to
the Town as a member of the Appropriation Committee as
he is experienced in Town affairs and he said that he
' would recommend Mr. Buckley's appointment to that
Committee when the first vacancy occurred. Messrs.
Ferguson, Potter and Ross voted in opposition to the
appointment of Mr. Buckley to the Board of Assessors
and the motion was lost.
Mr. Potter then moved that Mr. William A. Cann of
9 Summit Road be appointed to the Board of Assessors
to serve until December 31st, 1939. Mr. Ross seconded
the motion and it was so voted.
227
Rudd Is
store.
Appointment
of
Assessor.
The Board of Appeals
order of
findings giving
Kinneen,
permission to Katherine B.
Kinneen
to add porches --and
Board of
steps to the houses at 136
and 156
Vine Street, was noted.
Appeals
Letter was received from the Town Treasurer stating
that the buildings and lot 219, in section 5. Farmhurst,
were foreclosed by decree of the Land Court dated
December 26, 1936, which now places the property under
the direct ownership of the Town. The above property
was originally assessed to Angelina F. Remick of 39
Spring Street, Lexington.
Letter was received from the Town Counsel stating
that he had collected costs awarded in the case of
' Lexington vs. Slingsby. He enclosed a check for $18.50
which was the amount awarded. He said that he had the
assurance of Slingsby's attorney that Slingsby would
give up his office without further trouble by April
1st. Mr. Wrightington enclosed a bill in the amount of
$141. for the trial of the case. Mr. Giroux moved that
Foreclosure
Slingsby
case.
Salaries.
the bill be approved. Mr. Potter seconded the motion and
it was so voted.
Fetter was received from the Town of Concord stating
that a 10% reduction in salaries was made in 1933 and
one-half of it was restored in 1934 and the balance in
1935.
Letter was -received from the Town of Stoneham stating
that salaries were reduced there in 1933 and that
restoration of one-half of the reduction was made as
of Sept. 10 1935. The letter stated that several
departments were asking for full restoration in 1937 but
the Selectmen were taking no stand on the matter pre-
ferring to leave it in the hands of the several depart-
ments.
Sealer of The Chairman informed the Board that the Sealer of
Wgts. & Weights and Measures account was short $.43 and he had
Measures requested the Appropriation Committee to transfer this
Account. amount from the Reserve Fund. Mr. Giroux moved that the
Chairman's action be approved. Mr. Potter seconded the
motion and it was so voted.
Letter was received from the Appropriation Committee
stating that the transfer had been made.
1
1
1
Letter was received from the Veterans of Foreign
V.F.W. -
Wars requesting that an article be in§erted in the
use of hall.
Warrant for the Annual Town Meeting to see if the Town
would vote to allow that organization to use Cary Hall
without charge six times a year and to use Estabrook
Hall for regular meetings. Mr. Giroux moved that an
article be inserted in the Warrant to cover this matter.
Mr. Potter seconded the motion and it was so voted.
Notice was received to the effect that a T.B.
a
Institute would be held at M.I.T. on February 4th and
T.B.
('Institute.
5th from 9:30 A.M. to 4:00 P.M. each day. Mr. Giroux
moved that the Clerk of the Board of Health be author-
ized to attend this Institute and that the expense
incurred be charged to the Board of Health appropriation.
Mr. Ross seconded the motion and it was so voted.
The Chairman read a letter which he had received
Request
from the General Executive Committee of the Lexington
from Town
Town Meeting Membdrs Association stating that a meeting
Meeting
would be held in February and another one just prior to
Members
the Town Meeting. The Association would like to give
Assoc.
the Town Meeting Members an estimate of expenditures fcr
1937 at the first meeting. They understood that
accurate final figures could not be given them at that
time and would like rough estimates of the budgets.
Attached to the letter were a series of sheets on which
the 1937 figures were to be entered. The Chairman
1
1
1
said that he talked with Roger D. Long on the matter,
who said he thought it would be very helpful if the
Association could have the rough estimates. Mr. Giroux
moved that the Association be given the information
requested. Mr. Potter seconded the motion and it was
so voted.
Mr. Ross informed the Board that he would not be
present at,the meetings to be held on January 26,
February 2 and February 9, as he was going on a trip.
Upon motion of Mr. Ross, seconded by Mr. Giroux,
it was voted to grant the following licenses: -.
Kenneth H. Tefft, Denver Street - Peddler's License
Eugene J. Viano, 1668 Mass. Ave. - 1st Class Agent's
Frank E. Weatherby, 109 Mass. Ave. - " " "
Eugene J. Viano, 1668 Mass. Ave. Methyl Alcohol
Upon motion of Mr. Ross, seconded by Mr. Potter,
it was voted to sign the following order of taking and
easement relative to land in the vicinity of Brown Brook:
ORD]KR OF TAKING BY THE TOWN OF LEXINGTON OF
A RIGHT OF WAY AND EASEMENT UNDER THE ACTS
' OF 1926, CHAPTER 263.
WHEREAS by Ch. 263 of the Acts of the year 1926
entitled "An Act Relative to.Improving the Surface and
Ground Drainage in the Town of Lexington and in adjoin-
ing Towns", said Town was authorized, among other things,
to improve brooks, streams and water courses, and for the
purposes set forth therein to take in fee simple or
otherwise land or any right of easement in land, including
any brook, stream, pond or water course or any part there-
of;
here-of; and
WHEREAS the said Town of Lexington duly accepted said
Act in the manner provided therein; and
WHEREAS Charles E. Ferguson, Albert A. Ross, William
G. Potter, Archibald R. Giroux and Philip M. Clark,
citizens and residents of the said Town have been duly
qualified and are now the duly elected, qualified and
acting Board of Selectmen pursuant to law and the pro-
visions of the Act above referred to; and
WHEREAS the Town on the 19th day of March, 1934,
"Voted: That the Selectmen be authorized and instructed
to provide for the disposal of surface drainage in East
Lexington, as recommended by Metcalf & Eddy, Engineers,
by constructing a drainage channel from a point in
Massachusetts Avenue thence under the Boston and Maine
Railroad track and across Fottler Avenue to a point just
beyond Bow Street, and to take the necessary easements
therefor by eminent domain, and for the purpose of said
drainage construction the sum of $24,000 be and hereby is
229
Mr. Ross
to be
absent
Licenses.
Brown
Brook
Order of
Taking.
230 0
�c
appropriated, of which $6,000 is to be appropriated and '
assessed, and the Town Treasurer, with the approval of
the Selectmen, be authorizgd to borrow the sum of
$18,000. and to issue bonds or notes therefore payable
in accordance with the law;" and on the 7th day of
December, 1936, "Voted: That the sum of $4,000. be
appropriated for labor and materials on public works
and for other expenses in connection therewith, to be
expended by the Selectmen for aid to persons employed
on various projects, and for this purpose this amount
be transferred from the Excess and Deficiency Account."
WHEREAS the Selectmen have determined the location
of an easement to be taken for the deepening, widening,
straightening and relocating of the channel -of Brown's
Brook between Massachusetts Avenue and the Boston &
Maine Railroad culvert, as follows:
Beginning at a point on the property line between
land of Theresa B. Cummings and the'Boston & Maine
Railroad Right of Way, said point being about 38 feet
westerly of the land of Pauline H. Clare, thence westerly
along said property line distant a out 288 feet to a
point on the easterly line of land of Frank C. Friend,
for a distance of 15 feet on each Oide of said property
line, all as shown on a plan ent t�'led, "Plan of Proposed
Easement for Brown's Brook, Lexington, Mass., December
23, 1936, Scale 1 in. - 40 ft., John T. Cosgrove, Town '
Engineer," and
WHEREAS the right of way and easement hereinafter
taken are necessary for the said purpose;
NOW, THEREFORE, the said Board of Selectmen acting
for and on behalf of the said Town under the authority
of the said Ch. 263 of the Acts of 1926, and of every
other power them thereto enabling, do hereby take the
right of way and easement within the location above
described and shown on the said plan, including 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, excavate, fill and use the land between said exterior
lines of said easement as may be reasonably necessary for
the purpose of deepening, widening, straightening and
relocating the said channel of Brown's Brook, and
changing its location from its present channel, and to
change the direction, volume and rapidity of the flow
of the said brook, and any surface and underground water
flowing into it together with the right to enter thereon
from time to time as may be necessary for repair and
maintenance of the said public improvement.
We determine that no damages have been sustained
and none are awarded.
TO HAVE AND TO HOLD the said right of way and ease-
ment to the Town of Lexington, its successors and assigns, '
to its and their own use and behoof forever.
IN WITNESS WHEREOF the said Board of Selectmen have
' hereunto subscribed their names this 12th day of January,
1937.
Charles E. Ferguson
Archibald R. Giroux
William G. Potter
Albert A. Ross
Philip M. Clark
Upon motion of Mr. Ross, seconded by Mr. Potter,
it was voted to sign the following order of taking and
easement relative to land in the vicinity of Clematis
Brooks -
ORDER OF TAKING BY THE TOWN OF LEXINGTON OF A
RIGHT OF WAY AND EASEMENT UNDER THE ACTS OF
1926, CHAPTER 263.
WHEREAS by Ch. 263 of the Acts of the year 1926
entitled "An Act Relative to Improving the Surface and
Ground Drainage in the Town of Lexington and in Adjoin-
ing Towns", said Town was authorized, among other things,
to improve brooks, streams and water courses, and for
' the purposes set forth therein to take in fee simple or
otherwise land or any right of easement inland, including
any brook, stream, pond or water course or any part there-
of; and
WHEREAS the said Town of Lexington duly accepted said
Act in the manner provided therein; and
WHEREAS Charles E. Ferguson, Albert A. Ross, William
G. Potter, Archibald R. Giroux and Philip M. Clark,
citizens and residents of the said Town have been duly
qualified and are now the duly elected, qualified and
acting Board of Selectmen pursuant to law and the pro-
visions of the Act above referred to; and
WHEREAS the Town on the 29th day of October, 1934,
Voted: That the Board of Selectmen be authorized to
deepen, widen and straighten Clematis Brook in accordance
with the plan of Metcalf & Eddy and to expend the funds
alloted to the town by the Emergency Relief Administration
of the United States for that purpose; and on the 7th day
of December, 1936, Voted: That the sum of $4,000, be
appropriated for labor and materials on public works and
for other expenses in connection therewith, to be expended
by the Selectmen for aid to persons employed on various
projects, and for this purpose this amount be transferred
from the Excess and Deficiency Account.
WHEREAS the Selectmen have determined the location
231
Clematis
Brook
Easement
232
of an easement to be taken for the deepening, widening,
straightening and relocating of the channel of Clematis
Brook between Pleasant Street and a ditch about 250
feet northerly of and approximately parallel with
Moreland Avenue, so-called, as follows;
The northeasterly line of the easement for Clematis
Brook begins at a point in the northwesterly line of
Pleasant Street, said point being N 620 141 29" W and
distant 393.15 feet from the easterly terminus of a
curve of 4000.00 feet radius on the center line of the
Cambridge -Concord Highway, thence N 490 281 29" W. distant
1167.78 feet to an angle point, thence N 400 35, 29'" W
distant 761.72 feet to a point of curvature, thence bear-
ing to the right with a curve of 482.02 feet radius dis-
tant 429.19 feet to a point of tangency in Moreland Avenue,
thence N 100 251 31" E distant about 290 feet to a point
in the center of a ditch.
The Southwesterly line of the easement for Clematis
Brook is pgrallel with and distant 56.00 feet from the above
described line.
All as more particularly shown on a "Plan of Proposed
Easement for Clematis Brook from Pleasant Street to Moreland
Avenue, Lexington, Mass., December 15, 1936, Scale l inch -
100 ft., John T. Cosgrove, Town Engineer;" and
WHEREAS the right of way and easement hereinafter taken
are necessary for the said purpose;
NOW, THEREFORE, the said Board of Selectmen acting for
and on behalf of the said Town under the authority of the
said Ch. 263 of the Acts of 1926, and of every other power
them thereto enabling, do hereby take the right of way and
easement within the location above described and shown
on the said plan, including the right on the part of; the
Selectmen of the said Town or other duly a-.thorized agents
oftheTown to enter upon, dig up, open, excavate, fill
and use the land between aaid exterior lines of said
easement as may be reasonably necessary for the purpose
of deepening, widening, straightening and relocating
the said channel of Clematis Brook, and changing its
location from its present channel, and to change the
direction, volume and rapidity of the flow of the said
brook, and any surface and underground water flowing into
it together with the right to enter thereon from time to
time as may be necessary for repair and maintenance of the
said public improvement.
We determine that no damages have been sustained and
none are awarded.
TO HAVE AND TO HOLD the said right of way and easement
to the Town of Lexington, its successors and assigns, to
L
X
J
233
' its and their own use and behoof forever.
In WITNESS WHEREOF the said Board of Selectmen have
hereunto subscribed their names this 12th day of January,
19370
Charles E. Ferguson
Archibald R. Giroux
Albert A. Ross
William G. Potter
Philip M. Clark
Upon motion of, Mr. Ross, seconded by Mr. Potter, it
was voted to sign the following order of taking,and ease-
ment relative to land in the vicinity of the right of way
running from Mass. Avenue to Vine Brook Road for the
relocation of the trunk line sewer to be filed in the
Registry of Deedsz
ORDER OF TAKING BY THE TOWN OF LEXINGTON OF
RIGHT AF WAY AND EFASEMENT UNDER CHAPTER t04 OF THE
ACTS OF 1897 AS AMENDED.
' SEWER RIGHT OF WAY.
(From Mass. Ave. to Vine Brook Rd.)
WHEREAS, by Chapter 504 of the Acts of the year 1897,
entitled, "An Act to authorize the Town of Lexington to
construct a system of sewerage", as amended, the same being
hereinafter referred to as "said Act," said Town was authnr-
ized, among other things, to lay out, construct, maintain
and operate a system of sewerage, with the powers and author-
ity set forth in said Act, including full power, through
its Board of Sewer Commissioners, to take by purchase or
otherwise any lands, rights of way and easements in said
Towyn necessary for the establishment therein of a system
of sewerage or sewage disposal 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 the system hereinafter referred to as about
to be constructed, and plans showing in detail the work
to be done in constructing the same, have been duly approved
by the State Board of Health; and
WHEREAS, by Chapter 277 of the Acts of the year 1909,
which was duly accepted by a majority of the voters of said
town in the manner provided in Section 5 thereof, the then
Board of Water Commissioners of said Town and the Board of
Sewer Commissioners elected under the provisions of said
234
r�
Act (Chapter 504 of 1897) were consolidated in one Board ,
to be called the Board of Water and Sewer Commissioners,
with the provision that all the powers and duties of
said Board of Sewer Commissioners should thereafter
devolve upon said Board of Water and Hewer Commissioners;
and
WHEREAS, by Chapter l of the Acts of the year 1922,
which was duly accepted by a majority of the voters of
said Town in the manner provided in Section 5 thereof,
the powers and duties of the Water and Sewer•Commission-
ers were assigned to the Board of Selectmen as a Board
of Public Works; and
WHEREAS, Charles E. Ferguson, William G. Potter,
Archibald R. Giroux, Philip M. Clark, and Albert A. Ross,
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 pro-
visions of the Acts hereinbefore referred to, and
Sewer WHEREAS said Town by vote passed at a town meeting
Order. held on the 10th day of February, 1915, authorized and
requested said Board of Water and Sealer Commissioners ,
(hereinafter referred to simply as "the Board") to proceed
under the provisions of said Act as amended by Chapter 322 '
of the Acts of the year 1913 and the acts referred to in
the first section thereof, to lay out, construct, main-
tain and operate a sewerage system; and said Board has,
conformably to law and pursuant to said vote, laid out
such system and is about to construct the same;
WHEREAS the system, as so laid out, requires the
construction of a sewer in the location hereinafter des-
cribed, the same to be maintained and used as part of a
system of sewage disposal for a part of said Town, and
WHEREAS, the location adopted for said sewer is shown
approximately in the following described line, hereinafter
called the "line of locationt', viz;
Beginning at a point in the southwesterly line of Mass-
achusetts Avenue, said point being 119.33 feet northwester-
ly of the southeasterly terminus of a curve of 1008.11 feet
radius, thence S 270 17' 30" 81 distant 360.05 feet to a
point in the northeasterly line of Vine Brook Road for a
distance of five (5) feet on eatsh side of said line of
location, all'as shown on a plan entitled "Plan Showing
Sewer Right of Way from Mass. Ave'. to Vine Brook Road,
Lexington, Mass;., December 26, 1936, Scale 1 in. - 40 ft.
John T. Codl3rove, Town Engineer".
and whereas the right of way and easement hereinafter
described and taken are necessary for the operation of
235
'
said system of sewerage and sewage disposal and for the
purpose of providing better drainage as authorized by
said Act;
Now then, said Board, acting for and in behalf of
said Town, hereby takes under the authority of said Act
(Chapter 504 of the Acts of 1897) as amended, the follow-
ing right of way and easement, viz;
A right of way and easement in and through the land
through which the line of location runs in the night of
Way between Mass. Ave. and,Vine Brook Road for a sewer,
including manholes and appurtenances, said sewer to be
laid and maintained in the ground in substantial accord-
ande with said line of location. The easement covered
by this taking includes the right on the part of the
Selectmen of said Town, or other duly authorized agents
of the Town, to enter upon, dig up, open and use the
land embraced withih said way as may be reasonably•nec-
essary for the purpose of laying the sewer, manholes and
appurtenances initially and maintaining, operating,
inspecting and repairing the same from time to time
thereafter; said Town being always bound to see that
the ground directly after the completion of the work in
'
each case is cleared of all surplus material, and surface
left in as smooth and good condition as at the time of
entry.
The right of way shall include so much of the line
of such way as is necessary for the taking and purposes,
not exceeding five (5) feet on each side of the line of
location.
A plan made by John T. Cosgrove, Town Engineer, dated
December 26, 1936, entitled "Plan Showing Sewer Right of
Way from Mass. Ave. to Vine Brook Rd., Lexington, Mass.,
Dec. 263, 1936 Scale 1 in. - 40 ft., John T. Cosgtove,
Town Engineer , is hereby referred to and made a part of
the present description of�taking, which plan is .to be
recorded herewith in the Registry of Deeds for the
Southern District of the County of Middlesex.
We determine that no damages have been sustained and
none are awarded.
To have and to hold said right of way and easement
to the Town of Lexington, its successors and assigns, to
its and'their own use and behoof forever, agreeable to the
provisions of said Chapter 504 of the Acts of the year
' 1897 and any and all pertinent acts in amendment thereof
or supplemental thereto.
IN WITNESS WHEREOF the said Charles E. Ferguson,
William C. Potter, Archibald R. Giroux, Philip M. Clark,
236
and Albert A. Ross, of the Board of Selectmen aforesaid
have hereunto subscribed their names this 12th day of
January, A. D., 1937.
Charles E. Ferguson
Archibald R. Giroux Board
Albert A. Ross of
William G. Potter Selectmen
Philip M. Clark
ORDER OF TAK'NG BY THE TOWN OF•LEXINGTON OF
RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE
ACTS OF 1897 AS AMENDED.
SEWER RIGHT OF WAY
(From Mass. Ave. to Vine Brook Road)
WHEREAS, by Chapter 504 of the Acts of the year 1897,
entitled,,"An Act to authorize the Town of Lexington to
construct a system of sewerage", as amended the same
being hereinafter referred to as "said Act,' said Town
was kuthorized, among other things, to lay out, con-
struct, maintain and operate a•system of sewerage, with
the powers and authority set forth in said Act, including
full power, through its Board of Sewer Commissioners,
to take by purchase or otherwise any lands, rights of way
and easements in said Town necessary for the establishment
therein of a system of sewerage or sewage disposal or for
any of the purposes mentioned in Section 1 of said ,Act;
and
WHEREAS, said Town of Lexington duly accepted said Act
in the manner provided therein; and
WHEREAS the system hereinafter Deferred to as about to
be constructed, and plans showing in ddtail the work to be
done in constructing the same, have been duly approved by
the State Board of Health; and
WHEREAS, by Chapter 277 of the Acts of the year 1909,
whielt was duly accepted by a majority of the voters of
said town in the manner provided in Section 5 thereof, the
then Board of Water Commissioners of said Town and the
Soar-s€-Mie�e�-6®#as�,ora®ss._A€_ss�id_Towza-a�ad-tbw 'Board
of Sewer Commissioners elected under the provisions of
said Act (Chapter 504. of 1897) were consolidated in one
Board to be called the Board of Water and Sewer Commission-
ers, with the provision that all the powers and duties of
said Board of Sewer Commissioners should thereafter devolve
upon said Board of Water and Sewer Commissioners; and
WHEREAS, by Chapter 1 of the Acts of the year 1922,
which was duly accepted by a majority of the voters of
said Town in the manner provided in Section 5 thereof,
1
1
1
237
I
the powers and duties of the Water and Sewer Commissioners
were assigned to the Board of Selectmen as a Board of
Public Works; and
WHEREAS, Chakles.E. Ferguson, William G. Potter,
Archibald R. Giroux, Philip M. Clark and Albert A. Ross,
citizens and residents of said Town, have been duly
qualified and are now the duly elected qualified and
acting Board of Selectmen pursuant to law and the
provisions of the Acts hereinbefore referred to, and
WHEREAS said Town by vote passed at a town meeting
held on the 10th day of February, 1915, authorized and
requested said Board of Water and Sewer Commissioners
(hereinafter referred to simply as "the Board") to proceed
under the provisions of said Act as amended by Chapter 322
of the Acts of the year 1913 and the Acts referred to.in
the first section thereof, to lay out, construct, maintain
and operate a sewerage system; and said Board has, cont
formably to law and pursuant to said vote, laid out such
system and is about to construct the same;
WHEREAS the system, as so laid out, requires the
construction of a sewer in the location hereinafter des-
cribed, the same to be maintained and used as part of a
' system of sewage disposal for a part of said Town, and
WHEREAS, the location adopted for said sewer is shown
approximately in the following described line, hereinafter
called the "line of location", viz;
Beginning at a point in the southewsterly line of
Massachusetts Avenue, said point being 119.33 feet north-
westerly of the southeasterly terminus of a. curve of
1088.11 feet radius, thence S270 17' 30" W distant 360.05
feet to a point in the northeasterly line of Vine Brook
Road for a distance of five (5) feet on each side of said
line of location, all as shown on a plan entitled "Flan
showing Sewer Right of Way from Mass. Ave. to Vine Brook
Rd., Lexington, Mass., December 26, 1936, Scale 1 in. - 40
ft., John T. Cosgrove, Town Engineer."
and whereas the right of way and easement hereinafter
described and taken are necessary for the operation of
said system of sewerage and sewage disposal and for the
purpose of providing better drainage as authorized by said
Act;
Nott' then, said Board, acting for andin behalf of said
Town, hereby takes under the authority of said Act (Chap-
ter 504 of the Acts of 1897) as amended, the following
right of way and easement, viz;
A right of way and easement in and through the land
through which the line of location runs in the Right of
238
Way bdtween Mass. Ave. and Vine Brook Road for a sewer,
including manholes and appurtenances, said sewer to be laid
and maintained in the ground in substantial accordance
with said line of location. The easement covered by
this taking includes the right off: the part of the Seledt-
men of said Town, or other duly authorized agents of the
Town, to enter upon, dig up, open and use the land embraced
within said way as may be reasonably necessary for the
purpose of laying the sewer, manholes and appurtenances
initially.and maintaining, operating, inspecting and
repairing the same from time to time thereafter; said Town
being always bound to see that the ground directly after
the completion of the work in each case is cleared of all
surplus material, and surface left in as smooth and good
condition as at the time of entry.
Tdie above described land owned by:
1
Colonial Garage, Inc. Registered Land Cert. No, 34330
Lex. Real Estate Trust,
Robert L. Eyddr, Trustee " ►i " No.16387
The right of way shall include so much of the line
of such way as is necessary for the taking and purposes,
not exceeding five (5) feet on each side of the line of
location.
A plan made by John T. Cosgrove, Town Engineer, dated
December 26, 1936 entitled "Plan Showing Sewer Right of
Way from Mass. Ave. to Vine Brook Rd., .Lexington, Mass.
Dec. 26, 1936 Scale 1 in. - 40 ft., John T. Cosgrove,
Town Engineer', is hereby referred to and made a part of
the present description of taking, which plan is to be
recorded herewith�in the South Registry District for the
Land Court of the County of Middlesex.
We determine that no damages have been sustained and
none are awarded.
To have and to hold said right of way and easement
to the Town of Lexington, its successors and assigns, to
its and their own use and behoof forever, agreeable to
the provisions of said Chapter 504 of the Acts of the year
1897 and any and all pertinent acts in amendment thereof
or supplemental thereto.
IN WITNESS WHEREOF the said Charles E. Ferguson,
William G. Potter, Archibald R. Giroux, .Philip M. Clark,
and Albert A. Ross of the Board of Selectmen aforesaid,
have hereunto subscribed their names this 12th day of
January, A. D., 1937.
Charles E. Ferguson
Archibald R. Giroux
Albert A. Ross
William G. Potter
Philip M. Clark
1
1
1
1
1
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington,
239
January 12, 1937.
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 Water and Sewer Commissioners of the Town of
Lexington, before me,
James J. Carroll
Notary ?ublic.
Upon motion of Mr. Ross, seconded by Mr. Potter, it
was voted to sign the foregoing order of taking and ease-
ment relative to land in the vicinity of the right of way
running from Mass. Avenue to Vine Brook Road for the re-
location of the trunk line sewer to be filed in the South
Registry District for the Land Court of the County'of
Middlesex.
The Chairman stated that he thought that more figures
would be available by the end of the week so that it
might be advisable to meet next Monday afternoon. It was
left to him to decide.
The Town Accountant appeared before the Board and
presented a computation of the tax rate for the year
1937 based on the budgets as submitted. The tax rate he
arrived at was $33.79. Mr. Russell explained his
figures to the Board.
Mr. Giroux moved that the Town Accountant be thanked
for the fine analytical statements furnished during the
past few months. Mr. Potter seconded the motion and it
was so voted.
The matter of having the Town Counsel in to discuss=
the Planning Board and Board of Survey was left to the
Chairman to decide.
The Welfare Agent discussed welfare matters with the
Board.
The meeting adjourned at 10:05 P.M.
A true record, Attest:
Clerk.