Loading...
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.