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HomeMy WebLinkAbout1937-05-11432 SELECTMEN►S MEETING MAY 119, 1937 ' 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 - ' 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 ' The water extension in Daniels Street will cost ' 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. ' 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 c� r� �c 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.. 10 ' 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 LJ n n C 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 �c 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 C 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.