HomeMy WebLinkAbout1937-05-11432
SELECTMEN►S MEETING
MAY 119, 1937
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A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, at
4:00 P.M. Chairman Ferguson, Messrs. Potter, Giroux,
Clark and Ross were present. The Clerk was also present.
Mr. John J. Garrity'appeared before the Board to
discuss the matter of appointments tot he playground
positions for the coming summer. Mr. Garrity said that
he had a very short list of applicants and it would be
necessary to break in some new people and for that
reason he would like an experienced person at the head
of the center playground. He recommended that the
following people be appointed:
Florence Caswell - Instructor - Center Playground -
9 weeks @ $18. per week;
Betty Nourse - Instructor - Center Playground -
10 weeks @ $18. per week;
Marjorie McCullough - Instructor - Center Playground -
8 weeks @ $16. per week;
Jack Mara - Instructor - Center Playground -
9 weeks @ w22. per week;
Ruth Custance - Pool Attendant - Center Playground -
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10 weeks @ $10. per week;
George Morse, Jr. - Pool Attendant - Center Playground -
Playground
10 weeks @ $10. per week;
positions
Bette Thompson : Clerk, Center Playground -
10 weeks C10. per week;
Miss Rose E. Cunningham - Music Instructor - Center
Playground - Hourly rate of $1.50;
Florence Archibald - Instructor - East Lex. Playground -
9 weeks @ $18. per week;
Robert Eichorn - Instructor - East Lex. Playground -
9 weekV @ $18. per week;
Francis Rocque - Instructor - North Lex. Playground -
8 weeks @ $18. per week;
Fred B. Hunneman - Pool Caretaker - $250. for season;
Edward Readel - Supervisor and Tennis Instructor -
Center Playground -9 weeks @ $28. per week.
Mr. Ross moved that the appointments be made as
recommended by Mr. Garrity. Mr. Clark seconded the
motion and it was so voted.
Mr. Clark informed Mr. Raymond that Mr. Frank
Curbing at
Shepard was anxious to have curbing Installed in front
Shepard
of his property at the junction of Mass. Avenue and Percy
property.
Road. Mr. Raymond was instructed to go down and look
'
over the situation and report to the Board on it next
Tuesday evening.
1
The Chairman stated that Mr. Roland C. `Sarner of
35 Robbins Road called him re Lu rding the grade of the Warner re
sidewalk in front of his house and wondered if it could grade of
be lowered a couple of inches. He requested P,Zr. Raymond Robbins Rd.
to look into the matter and do what he could for Mr.
Warner.
Mr. Raymond said that he received notice that the
Clematis Brook project was approved on ,April 20th and
he had in his mind that he had to go right ahead with
the project so he proceeded to order some corrugated
iron pipe. The bills for the pipe arnount'to $1170.84.
Concrete pipe would cost 1060.40, but in his judgment,
if concrete pipe were used it would cost $400. or $500.
more by the time it was in place and in place right.
He did not think that this was the proper place for
concrete pipe anyway as he did not think it would stand
without a cradle. He said he should have asked the
Board for approval of the purchase of the pipe before
he bought it. He sAid that it was bituminous paved
inlet pipe and he did not think there was any competition
on it -as only one firm carried it.
Mr. Ross moved that the purchase of the pipe be
approved. Mr. Clark seconded the motion and it was
so voted.
-Mr. Raymond asked approval of the purchase of
220 feet of 15 inch pipe for the Shea drain to connect
with Brown's Brook at a cost of about 0150.00. Mr.
Ross moved that the purchase of the pipe be approved.
Mr. Clark seconded the motion and it was so voted.
Mr. Raymond said that he had received bids on
cast iron pipe as follows:
Warren Pipe Co. of Yass. Inc. - 18" class 150 -$2.25 ft.
(Delivery F.O.B. Lex.) - art It It 1.32 "
U. S. Cast Iron Pipe &
Foundry Co. - 121t 2.32 "
8" 1.34 r►
R. D. Wood & Co.
(F.O.B. cars Lex.) - 12" 2.296 "
8 r' 1.362 "
Mr. Ross moved that the bid of the Warren Pipe Co.
of Mass., Inc. be accepted. Mr. Clark seconded the
motion and it was so voted.
Mr. Raymond said that he had received requests for
water and sewer extensions in the Johnson development
as follows: Taft Ave., from Present end a distance of
approximately 350 feet in a westerly direction; Daniels
Street from Taft Avenue to Aeriel Street a distance of
approximately 400 feet.
Purchase
pipe for
Clematis
Brook
Project.
Pipe for
Shea drain
Bids on
Pipe
434
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The water extension in Daniels Street will cost
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approximately1424.00 and in'Taft Avenue will cost
approximately 41537.00, making a total of $2961.00
Water and
and there is a balance in the Water Construction
sewer in
Sundry Streets Account of $4761.34. The sewer
Johnson
extension in Daniels Street will cost approximately
development.
0990.00 and in Taft Avenue will cost approximately
830.45, making a total of 1823.45, and there is a
balance of $3357.44 in the Sewer Construction, Sundry
Streets account.
Mr. Ross asked Mr. Raymond if they had any other
requewts for water extensions other than that in Shade
Street, and he answered in the negative. Mr. Ross said
that he did not like to see that much money taken out
of the Sundry Streets Account and the Chairman said tImt
he felt the same way. The Chairman felt that the ex-
tension of 350 feet in Taft Avenue only should be done
and then if any other requests come in while that is
being installed, they could be considered.
Mr. Clark moved that the whole project be approved.
Mr. Ross seconded the motion and it was so voted.
Mr. Raymond said that he thought the curbing
should be put in Mass. Avenue from'.the Arlington line
Curbing,
to Sylvia Street at least and then the town could go
Mass. Avenue.
ahead and put in the sidewalk in front of Bermanfs.
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Mr. Clark moved that Mr. Raymond be authorized to have
the curbing installed in Mass. Avenue as far as he
thinks practicable at the present time. Mr. Rosi-= seconded
the motion and it was so voted.
Mr. Raymond said that it was certain that some-
body in the last few years had been going in and taking
loam from the Town Farm property, probably for Town use.
Mr. Garrity and he had made some test holes and there
is an area perhaps one and a half acres large with
perhaps three feet of loam on it. He thought it would
be a good idea later on in the year to move the
Loam at
shovel in there and pile the loam up where they could
Town Farm.
get at it and pile it up on the hard ground. He said
that there was quite a lot of stone there that the Town
could use also. He said that he did not think that
either of these projects would harm the property in
any way. He suggested that this might be an excellent
place for a dump later on after the loam was taken off
as it would fill in the property.
Mr. Potter moved that Mr. Raymond be authorized
to go in on the Town Farm and take off the loam in the
low area and remove the stones where he wished. Mr.
Clark seconded the motion and it was so voted.
Mr. Raymond reported that Mr. E. H. Mara and
'
Stanley Higgins examined the Tucker, Burns and Perry
houses in Arlington. Mr. Mara's estimates of repairing
435
Mill Brook
Blasting
Damages.
Mr. Raymond reported that the minimum charge for
a contractor's bond guaranteeing the work for a five Contractor's
year period was $7.50 and he stated further that Mr. Bond.
Dacey could get such a bond executed if the Board so
desired. No action was taken on the matter.
Mr. Raymond informed the Board that the estimated
cost of extending the water main in Shade Street from
Weston Street to Hayden's driveway a distance of 1320
feet, was $4008.00 and Mr. Hayden's betterment on this
extension would amount to $1017.09. The estimated cost
of extending the main from the Andresen house to
Hayden's drive a distance of 675 feet is 02976 and to
carry it from this point to the Linney lot would cost
$1352. more, making a total of $4328. Hayden's assess-
ment on the extension from Andresen's house to his drive
would amount to $527.31. Mr. Raymond said that it would
cost more to extend the pipe from Andresen's than from
the other end because of ledge. Mr. Giroux stated that
Mr. Hayden suggested that he might lay a pipe from the
present end at Andresen's across his land. It was the
feeling of the Board that although this would be cheaper
for Mr. Hayden in the beginning, he would not have fire
protection and his insurance rates would be very high.
The Board discussed the matter with the Town Counsel.
Mr. Ferguson asked Mr. Wrightington if the Board could
Water main
to Hayden
property.
'
the damages which might be attributed to the Mill Brook
blasting were as follows;
Tucker - $53.00
Burns - 76.16
Perry - 162.15
Mr. Raymond said he thought the difference in
Mara's estimates and the owners' claims was largely due
to the method of estimatipg as he thought that perhaps
the owners asked the contractors bidding on the work
to figure on new ceilings, etc. and Mr. Mara did not
think that that work should be done. Mr. Raymond said
he thought the only thing to do would be to offer these
people a sum of money equal to Mr. Mara's estimate and
let them turn it down if they desired to. Mr. Potter
moved that Mr. Raymond be authorized to carry out that
procedure. Mr. Ross seconded the motion and it was so
voted.
The Chairman asked if by doing this, the Town was
acknowledging liability and Mr. Raymond said that he
distinctly remembered the Town Counsel saying that by
offering a sum of money for compromise,t he Town was m t
assuming any liability.
Mr. Raymond asked approval of the payment of a bill
in the amount of $10.00 to Mr. Mara for his services,
to be paid from W.P.A. Labor and Materials. Mr. Ross
'
moved that the bill be approved for payment. Mr.
Potter seconded the motion and it was so voted.
435
Mill Brook
Blasting
Damages.
Mr. Raymond reported that the minimum charge for
a contractor's bond guaranteeing the work for a five Contractor's
year period was $7.50 and he stated further that Mr. Bond.
Dacey could get such a bond executed if the Board so
desired. No action was taken on the matter.
Mr. Raymond informed the Board that the estimated
cost of extending the water main in Shade Street from
Weston Street to Hayden's driveway a distance of 1320
feet, was $4008.00 and Mr. Hayden's betterment on this
extension would amount to $1017.09. The estimated cost
of extending the main from the Andresen house to
Hayden's drive a distance of 675 feet is 02976 and to
carry it from this point to the Linney lot would cost
$1352. more, making a total of $4328. Hayden's assess-
ment on the extension from Andresen's house to his drive
would amount to $527.31. Mr. Raymond said that it would
cost more to extend the pipe from Andresen's than from
the other end because of ledge. Mr. Giroux stated that
Mr. Hayden suggested that he might lay a pipe from the
present end at Andresen's across his land. It was the
feeling of the Board that although this would be cheaper
for Mr. Hayden in the beginning, he would not have fire
protection and his insurance rates would be very high.
The Board discussed the matter with the Town Counsel.
Mr. Ferguson asked Mr. Wrightington if the Board could
Water main
to Hayden
property.
436
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extend the main from Weston Street on account of which
'
extension Hayden's assessment would be approximately
$1000.001, and charge Hayden the amount of the assess-
ment, approximately $500.00, that would be levied against
him if the main was extended from the other end. Mr.
Wrightington said that the Board could find that Hayden's
land was not benefitted to the extent of $1000.00 but
only to the extent of $500.00 and abate it down to that
figure. The Chairman asked if, when the main was laid
from Andresens to Hayden's drive, betterments could
be assessed on.Hayden if he had only one building on the
land which was being served from the other extension and
the land was not lotted out. Mr. Wrightington said he
thought it was not impossible to assess betterments
on land that had not been laid out in house lots. He
thought the thing to do would be to have.Hayden agree
to pay the difference in the two betterments at such
time as the main was laid from the other end. He
thought such an agreement could be drawn up which would
be enforceable.
Mr. Giroux said that he would talk the matter over
with Mr. Hayden tomorrow.
Mr. Raymond discussed the matter of parking on
Muzzey, Street. He thought that there were signs enough
Traffic on there but he thought it might be a good idea to put on '
Muzzey St. some more red paint and see how that would work out.
He said that he did not like the idea of making it a
one way street. It would help the parking situation
but there were houses on both sides of the street and
it would be a hardship on the owners. to go around the
block to get to their houses. He thought it would
divert more traffic from Waltham Street and said that
the corner at the junction of Forest Street was a bad
one. There is a church, a school and a playground near
this junction.
The Chairman instructed Mr. Raymond to put some nnre
red paint on Muzzey Street.
Mr. Raymond said that he had received a request from
Street Frank Lambert for a street light near 23 Lowell Street.
Light There are five poles between the light nearest the
Arlington line and.the light near Westminster Avenue.
He thought another street light should be installed.
Mr. Potter moved that a street light be installed. Mr.
Clark seconded the motion and it was so voted.
Letter was received from Allan H. Kennedy of
Street 4 Spencer Street recuesting that a street light be
light on installed on that street. The Chairman instructed the '
Spencer St. Clerk to find out whether or not any street lights had
ever been authorized on Spencer Street and if not, to
being the matter up again next week. Mr. Raymond said
he would look over the situation..
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' Mr. Raymond said that he had shown -the release he Cutler
had for Mrs. Cutler to sign to the Town.Counsel, and release.
he said that he _thought it was all_right.
Mr. Raymond reported that the matter of moving the
stone posts from in back .of the cemetery had been.held Stone posts
over until fall. Thirty-two of the posts are four feet
deep in the ground and it will cost quite a lot to
remove them.
Mr. Giroux requested that the Executive Committee Use of
of the Middlesex Selectmen's Association be allowed to Selectmen's
meet in the Selectmen's Room on Thursday, May 12th. Room.
Mr. Potter moved that the request be granted. Mr.
Clark seconded the motion and it was so voted.
Letter was received from the Health Inspector, as
follows:
May 5, 1937
Board of _Selectmen
Lexington,Mass.
Gentlemen:
' I have inspected the Central Block and find
conditions very bad.
The side next Merriam _Street is in.a con-
dition that I should call dangerous.._._ The windows in
the top tenement cannot be raised and one is so bad Central
that I could push it out without much exertion.and it Block
is very unsafe where children ww:liable to come in
contact with it and go out with the window sash. The
back stairs are filthy.
I would suggest that this side. of the block
be condemned until it is put in shape so to make it fit
to live in. Mr. Scott has not lived _up to his agree-
ment, as he did agree to make repairs and have the
place kept clean.
Yours very truly,
/s/ M. Stevenson
Health Inspector.'
Mr. Giroux moved that the proper legal action be
taken to condemn that side of the building. Mr.
Potter seconded the motion and it was so voted.
Letter was received from the Health -Inspector Boynton,
advising that Leo Boynton was using a barn on Sylvia use of barn.
Street to store papers and other material. Trucks
Complaint
Tropeano
farm.
Pichette
property,
Woburn St.
unload. at night and disturb the neighbors. Mr.
Stevenson thought the place was a dangerous one because
it was a, fire hazard,
Mr_. Giroux moved thatthe matter be referred to
the. Town Counsel. Mr. Potter seconded the motion and
it was so voted.
Letter was received from the Health Inspector rel-
ative to the Tropeano farm. He said that pig manure
re was used and it was hauled during the winter and early
spring and piled up in the.back field. It is spread
on the ground and plowed under the same daT. In
response to many complaints, Mr..Stevenson made four
calls at the farm last week and Saturday had the pile
of manure that was causing the trouble covered with
lime. He said that he would have the other pile
covered with lime and he thought that that _would take
care of the situation.
Letter was received from the Health Inspector rel-
ative to the Picbette property at 60-62 Woburn Street.
The tenement at #60 is inhabited with roaches and
bedbugs and these are making their way into. the other
tenement which is occupied by the -Meadows family,.
Mrs. Meadows is not a healthy person and should get
all the rest possible. Mr. Stevenson said that the
whole tenement needed to -be put in good shape to live
In and he suggested that the.owner.be given a.week to
clean it up.
Mr. Giroux moved that the Chairman instruct the
owner to clean the place up.within one week, Mr.
Potter seconded the motion and it was so voted.
Letter was received from the British Naval and
Permit to Military Veterans Association for a permit to hold a
parade, parade on Sunday, June 13th, for .the purpose of
decorating graves of deceased comrsds. Mr. Clark
moved that such a permit be granted. Mr. Potter
seconded the motion and it was_so_voted.
Letter was received from the Town Treasurer
suggesting a borrowing.in anticipation of revenue in
Loan. the amount of $75,000.00. Mr. Potter moved that bids
be received on a loan of .$75,000,00, notes to be dated
May 19, 1937 and payable April 1, 1938, and that bids
on same be received until_ 7:3O.P.M. Tuesday, May 18th,
1937. Mr. Clark.seconded the motion and it was so
voted.
Letter was:received from the Town Clerk stating
that if plans were being considered for rearranging
the office space in the Town Office Building,.he would
CrJ
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like some consideration. Mr. Carroll suggested that
the apace originally provided be returned and that
the_ partition..between .his . offi_ce _and. the Town
Accountant's office be removed. He also reminded
the Board that he bad requested additional vault space
some time ago. Mr. Carroll said that his.health was
very poor and that with the increase in his work, he
would have to have more help and therefor.a dditional
space would be needed.
Inasmuch.as no reply had been.received from Wm.
Roger Greeley, the matter was held over until such
time as the rearranging of space for the whole.Town
Office Building is considered.
Copy of a letter addressed to the Chief of Police
was received from E. B. Hamilton complaining of people
dumping on his property at Irvington Park. He requested
that the Police Department stop the dumping. The Clerk
was instructed to have the Health Inspector investigate
the matter.
10
Town Tress.
request
for space
Hamilton
complaint
re dump
.Letter was received from Elmer A..Lord & Co.
stating that the boiler insurance would be renewed. Insurance
The company reminded the Board that the contract did
not cover crack and fracture protection.
The Board reconsidered Mr. James Irwin's off6r.to
purchase various lots. The last assessed valuations
were as follows:
Lot 33 and 34 Charles Street - $360.00 (Offered $200)
Lot 50 Bowker Street - $200. (Offered $50.)
Lot 49 Charles Street has not yet been foreclosed.
Mr. Potter moved that Mr. Irwin's offer be rejected
and that the lots be offered to him for sale at the last
assessed valuations. Mr. Clark seconded the motion and
It was so voted.
Letter was received from one E. E. Harrington of
Waltham calling the Board's attention to the fact that
the signs at the entrance to the Town announcing the
Birthplace of American Liberty", were in very poor
condition. Asir. Harrington suggested that he be
allowed to paint and letter the signs.
The Clerk was instructed to find out whether or
not the Town, ever took over these signs.
Irwin offer
for lots.
Signs
Letter was received from the Town Clerk advising
that Mr. Neil H. Borden had resigned as a member of Borden's
the Planning Board as of May 7th, 1937. resignation.
Letter was received from the. Planning Board suggest-
ing a joint meeting with the Selectmen on May 25th,
1937, to fill the vacancy caused by Mr. Borden's res-
ignation. The letter said that the Planning Board would
submit the name of Mr, William Roger Greeley of
1948 Mass. Avenue.
Mr. Potter moved that a joint meeting be held
with the Planning Board on May 25th. Mr. Ross
seconded the motion and it was so voted.
Letter was received from Marion B. Holt advising
that she did not intend to open her employment office
at 844 Mass. Avenue again. Mrs. Holt' returned her
Intelligence license and requested that the fee of $1.00 be refunded
Office to her. Mr. Clark moved that Mrs. Holtts license be
License. revoked and the fee returned. Mr. Giroux seconded
the motion and it was so voted.
Application was received from Audrey.N. Kew of
113 Concord Avenue requesting that the license formerly
issued to Mrs. Holt be transferred to her name. Mr.
Clark moved that the license be transferred to her.
Mr. Giroux seconded the motion and it was so voted.
Application was received from Clifford D. Thompson
Agent's for the transfer of the First Class Agent's License
license. issued to M. S. O'Brien in the rear of 1709 Mass.
Avenue to his name. Mr. Clark moved that the transfer
of the license be granted. Mr. Potter seconded the
motion and it was so voted.
Application was received from the Sacred Heart
Church for permission to use Cary Hall on dune 8th
Use of Hall. for the purpose of holding a dance. Mr. Ross moved
that the use of the hall be granted subject to the
fee of $15.00. Mr. Giroux seconded the motion and it
was so voted.
Request was received from Troup 9, Lexington Girl
Scouts, for permission to use the lawn in front of the
Use of lawn. Follen Church on Saturday, May 15th, -_Mr. Potter moved
that the request be granted. Mr. Clark seconded the
motion and it was. so voted.
Welfare abatements in the amount of $232.57 and
Abatements $121.34 were signed by the Board.
Upon motion of Mr. Ross, seconded by Mr. Potter, it
was voted to adopt the following order:
ORDER OF TAKING
By the Town of Lexington of Easement for the Construe -
tion of a water- main.
TAFT AVENUE
(From the Present end a distance of approximately
350 feet westerly)
WHEREAS, at a meeting duly called and helQ ,on March
15, 1937 and adjourned to March 22, 1937, the town
1
1
' meeting of Lexington, pursuant to an article in the
warrant of the meeting for which due notice was given,
duly adopted by unanimous vote the following vote and
made an appropriation therefor:
"Voted; That the Selectmen be authorized to
install water mains in such accepted or unaccepted
streets, as my be applied for during the -year 1937
in accordance with authority contained in the By=Laws
Of the Town, subject to the assessment of betterments,
and to take by eminent domain any necessary easements
therefor, and for the purpose of said installation
the sum of $2,000.00 be appropriated, this money to
be provided by the transfer of $1,650.00 from the iFater
Assessment Fund, and the transfer of $350.00 from the
Water Department Available Surplus Account."
AND WHEREAS, the right of way and easement here-
inafter described and taken are necessary for the
establishmpnt and maintenance of the said water main;
NOW, THEREFORE., the Board of Selectmen of the Town
of Lexington, acting as a Board of Water and Sewer
Commissioners, for and in behalf of the said town, by
' virtue of the authority conferred upon them by the fore-
going vote and of every other power them thereto
enabling, hereby adopt this order of taking by eminent
domain, for the said public improvement for.the purpose
of constructing and maintaining a water main in Taft
Avenue from the present end a distance of approximately
350 feet westerly as aforesaid, the following easement,
namely:
The right to enter upon the land shown as Taft
Avenue on a plan entitled, "Plan of Proposed Water Main
In Taft Ave. & Daniels St., Lexington, Mass., Scale.
1 in, - 40 ft., May 10, 1937, Joseph A. Ross, Supt.
Water Dept. % and owned by Harry E. Johnson., and con-
struct therein a line of water main with all necessary
connections, shut -offs and appurtenances substantially
as shown on a plan of Joseph A.._Ross, Supt., Water Dept.,
dated May 10, 1937, to be recorded herewith.. The
easement covered by this taking includes the right on
the part of the Selectmen of the said town or other.duly
authorized agents of the town to enter upon, dig up,
open and use the land embraced within the said wayasmay be reasonably necessary for the purpose of initially
constructing and thereafter maintaining, opeftting,
inspecting, repairing and replacing from time to time
' the said water main, ( the said town being always bound
to see that the ground after the completion of the work
in each case is cleared of all surplus material and
surface left in as smooth and good condition as at the
time of entry).
in
Taft Ave.
Water
Order.
442
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Betterments will be assessed for this improve- '
ment in accordance with the provisions of _Chapter 80
of the General Laws, The area which it is expected will
receive advantages other than the general advantage to
the community from such improvement comprises the
several lots shown upon the plan of Joseph A. Ross,
Supt., Water Department, above referred to, which are
designated in the schedule hereto annexed and made a
part hereof.
We estimate the betterments that would be assessed
upon each such parcel of land to be as shown in the said
schedule,
We determine that no damages have been sustained
and none are awarded.
To have and to hold the said easement to the Town
of Lexington, its successors and assigns, to its and
their own use and behoof forever agreeably to the
provisions of the said Chapter 79 of the General Laws
and all pertinent acts in amendment thereof or
supplemental thereto.
IN WITNESS WHEREOF the undersigned being a majority '
of the Board of Selectmen of Lexington aforesaid have
hereunto subscribed ournames this eleventh day of
May, 1937.
Charles 8. Ferguson Selectmen
Philip M. Clark
Archibald R. Giroux of
William G. Potter
Albert A. Ross Lexington
Commonwealth of Massachusetts
Middlesex, as, May 110 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 ac-
knowledged the foregoing instrument by them subscribed
to be their free act and deed and the free act and deed
of the Board of Selectmen of the Town of Lexington,
before me,
James J. Carroll
Notary Public
(Term exp. Mar. 11, 1938) '
SCHEDULE OF ESTIMATED BETTERMENTS
' REFERRED TO IN THE -FOREGOING ORDER
TAFT A VERDE
(From the present end a distance of approximately
350 feet westerly).
Owner as of Jan, lat. 1937 Lot No. Assessment
Harry E. Johnson 28 $70.66
29 67.77
30 112.00
31 67.50
Upon motion of Mr. Ross, seconded by Air. Potter,
it was voted to adopt the following order:
Danis is
Street
Water
Order
ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a water main.
DANIELS STREET
(From Taft Avenue to Aeriel Street, a distance of
'
approximately 400 feet).
WHEREAS, at a sweeting duly called and held on
March 15, 1937 and adjourned to March 22, 1937, the
town meeting of Lexington pursuant to .an article in the
warrant of the meeting for which due notice was given,
duly adopted by unanimous vote the following vote and
madd an appropriation therefor:
'Noted; That the Selectmen be authorized to
install water mains in such accepted or unaccepted
streets, as may be applied for during the year 1937 in
accordance with authority contained in the By -Laws of
the Town, subject to the assessment of betterments, and
to take by eminent domain any necessary easements
therefor, and for the purpose of said installation the
sum of $2,000.00 be appropriated, this money to be
provided by thetransfer of $1,650.00 from the Water
Assessment Fund, and the transfer of $350.00 from the
Water Department Available Surplus Account".
AND WHEREAS, the right of way and easement here-
inafter described and taken are necessary for the
establishment and maintenance of the said water main;
'
NOW, THEREFORE, the Board of Selectmen of the Town
of Lexington, acting as a Board of Water and Sewer
Commissioners, for and in behalf of the said town, by
virtue of the authority conferred upon them by the
Danis is
Street
Water
Order
444
foregoing vote and of ever? other power them thereto ,
enabling, hereby adopt this order of taking by eminent
domain, for the said public improvement for the purpose
of constructing and maintaining a water main in Daniels
Street from Taft Avenue to Aerial Street a distance of
approximately 400 feet as aforesaid, the following
easement, namely:
The right to enter upon the land shown as Daniels
Street on a plan entitled, "Plan of Proposed Water Main
in Taft Ave. & Daniels St., Lexington, Mass., Scale
Lin. - 40 ft., May 10, 1937, Joseph A. Ross, Supt.,
Water Dept.", and owned by Harry E. Johnson, and con-
struct therein a line of water main with all necessary
connections, shut -offs and appurtenances substantially
as shown.on a plan of Joseph A., Ross, Supt., Water
Department, dated May 100 1937, to be recorded herewith.
The easement covered by this taking includes the right
on the part of the Selectmen of the said town -or other
duly authorized agents of the town to entertetm dig up,
open and use the land embraced within the said way as
may be reasonably necessary for the purpose of initially
constructing and thereafter maintaining, operating,
inspecting, repairing and replacing from time to time
the said water main, (the said town being always bound
to see that the ground after the completion of the work '
in each case is cleared of all surplus materials and
surface left in as smooth and good condition as at the
time of entry).
Betterments will be assessed for this improvement
in accordance with the provisions of Chapter 80 of the
General Lava. The area which it is expected will receive
advantages other than the general advantage to the
community from such improvement comprises the several
lots shown upon the plan of Joseph A. Ross, Supt., Water
Department, above referred to, which are designated in
the schedule hereto annexed and made a part hereof.
We estimate the betterments that would be assessed
upon each such parcel of land to be as shown in the said
schedule.
We determine that no damages have been sustained
and none are awarded..
To have and to hold the said easement to the Town
of Lexington, its successors and assigns, to its and
their own use and behoof foie ver agreeably to the
provisions of the said Chapter 79 of the General Daws
and all pertinent eats in amendment thereof or I
supplemental thereto.
445
' IN WITNESS WHEREOF the undersigned being a
majority of the Board of Selectmen of Lexington afore-
said have hereunto subscribed our names this eleventh
day of May, 1937,
Charles E, Ferguson Selectmen
Archibald R. Giroux
Philip M. Clark of
Albert A. Ross
William G. Potter Lexington
Commonwealth of Massachusetts
Middlesex, as. may 11, 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 ac-
knowledged the foregoing instrument by them subscribed
to be their free act and deed and the free act and deed
of the Board of Selectmen of the Town of Lexington,
before me,
James J. Carroll
Notary Public
(Term expires Mar. ll, 1938)
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
DANIELS STREET
(From Taft Avenue to Aerial. Street_ a distance of
approximately 400 feet).
Owner as of Jan. 1st, 1937, Lot No. Assessment.
Harry 9, Johanson 11 $72.24
a n n 12 82.13
13 73.56
14 69.14
15 67.50
n n n 25 69.30
26 152.10
n n n 27 82.22
' Upon motion of Mr. Ross, seconded by Mr. Potter,
it was voted to adopt the following order:
446
c�
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
Adjoining 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 thereof; 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 provisions of the Act above referred to; and '
WHRREAS the Town on the 22nd day of Burch, 1937,
"Voted: That the sum of $19,600,00 be appropriated for
the disposal of surface drainage by the construction of
drains or conduits and for that purpose to take lands
or easements by Eminent Domain as fol-owsr
In private lands of Ellen B. Welch, Lulu M. Blake,
Heirs of Hallie C, Blake, and in Patriot's Drive
from the McIntosh drain at 24 Merriam Street
to the manhole in the Right of Way off Hancock
Street in the rear of land of Lena G, Dreselly
Reed Street and lands of Ernest FS, MacPhee and
the Lexington Co-operative Bank;
Locust Avenue, Independence Avenue, and Mass-
achusetts Avenue to Curve Street;
and in such other streets and locations as the Selectmen
may designate."
WHEREAS the Selectmen have determined the location
of an easement to be taken for the construction of a
drain in Independence Avenue, as follows; '
Beginning at a point in the centerline of
Independence Avenue, said point _being the southerly
✓terminus of a curve of 239.01 feet radius, thence
' S 370 4-&' 20" E distant 176.98 feet to a point of
curvature, thence bearing to the left with a curve of
670.00 feet radius distant 189.96 feet -to a point of
tangency, thence S 640 02' E distant 216.61 feet to a
point in Independence Avenue for a distance of 20 feet
on each side of said line, all as shown on a plan
entitled, "Plan of Proposed Easement for Drain In -
Independence Ave,,, Lexington,.Mass., Apr. 28, 1937,
Scale 1 in. - 40 M. John T. Cosgrove, Town Engineer",
and
WHEREAS the right of way and easement hereinafter
taken are necessary fbr 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 bf 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 constructing
this drain, 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
assigav, to its and their own use and behoof forever.
IN WITNESS WHEREOF the said Board of Selectmen
have hereunto subderibed their names this llth day of
may, 1937.
Charles E. Ferguson
Albert A. Ross
William G. Potter
Philip M. Clark
Archibald R. Giroux
COMMONWEALTH OF MASSACHUSETTS
Middlesex, as,
' Ch this 11th day of May, 1937, personally appeared
the above named Charles E. Ferguson, Albert A. Ross,
William G. Potter, Archibald R. Giroux and Philip M.
Clark and severally acknowledged the foregoing instrument
and statement by them to be their free act and deed and
448 M
r�
x
th6 free act and deed of the Town of Lexington, before '
Me;
James J. Carroll
Notary Public
(Term Expires March ll, 1938)
Application was received from Robert J. Davis for
a Sunday Sales license at 1095 Maass, Avenue, Lexington,
Mr, Ross mooed that the permit be granted. Mr. Potter
seconded the motion and it was so voted.
The meeting adjourned at 5:35 P.M.
A true record, Attest: n
Clerk.
1
u
1
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1
Im
SELECTMENrS MEETING
MAY 11th, 1939
A meeting of the Board of Selectmen was held in
the Selectmen's Room, Town Office Building, at 7:30
P.M. Chairman Ferguson, Messrs. Potter, Giroux,
Clark and Ross were present. The Clerk was also
present.
The Welfare Agent appeared before the Board to
discuss Welfare matters. Welfare
At 8200 P.M. the Town Counsel and Mr. Robert L.
Ryder appeared before the Board to discuss the matter Ryder
of effecting a compromise in the various Ryder drainage cases.
eases.
The Town Counsel stated that he was entering a
petition for registration of the Old Adams School. He
stated that a man named Stewart had filed an appear-
ance claiming to own the property to the fence. Mr.
Wrightington had tallod with Stewart but did not know
how insistent he was in his claim. _ The Chairman said
that he believed that the matter could be straightened
out by Mr. Cosgrove, Mr. Stewart and Mr W rightington.
The Board discussed the Meady case with the Town
Counsel.
The meeting adjourned at 10:16 P.M.
A true record, Attest:
Clerk.
Old Adams
School
property.
Meady
Case.