HomeMy WebLinkAbout1937-05-18450
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SELECTMRI + S ME ETING
MAY 18th, 19 37 .
A regular meeting of the Selectmen was held
in the Selectmen's Room, Town Office Building, at
7:30 P.M. Chairman Ferguson, Messrs. Potter, -Giroux,
Clark and Ross were present. The Clerk was also
present.
At 7:30 P. M., the Town Treasurer appeared be.
fore the Board and stated that he had received
bids on a loan of $75,000.00 in anticipation of
revenue, as follows;
Second National Bank -,7944 discount
Bids on
R. L. Day _ .74,
Loan.
Lexington Trust Company - .794
First Boston Corporation - .83
Faxon Gade Co, - .78
kewton
West Savings Bank:- .70%
Whiting,, Weeks & Knowles - .844
Mr. Clark moved that the Town Treasurer be
authorized to accept the bid of the West Newton
Savings Bank of 9704. Mr. Potter seconded the
motion and it was so voted. '
At 8:00 P.M. Messrs. John Lamont, James Waldron
and Roland Garmon, representing the Lexington Allied
Veterans Council, appeared before the Board. Mr.
Garmon said that there was a shortage of approximately
$100600 in the 19th of April appropriation, The
19th of April Associates raised $417, and the cel -
19th of
ebration cost well over a thousand. Mr. Garmon said
April funds,
that the Committee wanted to know if it would be
better to try to have the Town raise the $100.00 or
to go out and ring doorbells and try to collect it.
He said that the Committee thought it gave the Town
a very good day and Mr. Garmon assured the Board
that all the money spent was spent to the best
advantage to the Town. They spent $70.00 on the
amplifier.
Mr. Waldron said that they anticipated getting
the 19th of April Associates going good bat they
were very much disappointed.
Mr. Garman asked about the possibility of having
an article inserted in the warrant for the next Town
Meeting,
The Chairman replied that if a meeting was 'held
in June there probably would not be very much money
available and there night be some things that the
'
Selectmen and the Appropriation Committee might
think more important than this. He said he thought
it was up to the Committee to decide whether or nct it
wanted an article in the warrant.
Mr. Giroux suggested that no action be taken on
the matter until it has been decided when a Town
meeting will be:,held and then decide if an article is to
be inserted. The Chairman said that the Board would
contact the group at that time.
Mr. Raymond informed the Board that he had received
a letter from Lane & Company estimating that it would
cost approximately $219.00 to install the partitions for
a rest room and he figured that the equipment for the
room would cost about $50.00 making the total cost
approximately $275.00. No action was taken on the matter.
451
Rest Room
The Chairman informed the Board that Mr. William R. Enlarging
Greeley was going to meet him in a couple of days and go building,
over the building and consider the possibility of enlarg-
ing it.
Mr. Raymond reported that Mr. Swenson of Marrett
Road wanted to knew when the Town was going to get the
pipe across his road at Clematis Brook. He thinks that
the Town should get it in right away to enable him to
get a crop off his land. At the present time be has to
get into his land_ by way of Allen Street. Mr. Raymond
said that he could shift a welfare crew over there and he
thought that the work could be completed in a week or
two and enable Swenson to use his land and he recommended
doing it. Mr. Clark moved' that the Superintendentts
reeoeQnendation be approved. Mr. Giroux seconded the
motion and 3t was so voted.
The Chairman requested Mr. Raymond to make up a
tentative list of places he could use Welfare men and to
report tht number of men that he could use.
Mr. Giroux moved that,any time Mr. Raymond wanted
men from the Welfare Department to go to work' forhim
to request them from Mr. Mitchell and to advise the
Board if he was not successful in getting them. Mr.
Clark seconded the motion and it was so voted.
Mr. Clark asked for a list to be submitted next
week listing the men that did not show up for work. The
Board then requested Mr. Raymond to submit a report
every Tuesday showing how many Welfare men he was using
and how many he could use.
Mr. Raymond reported that Mr. Frank Shepard had
applied for a granolithic sidewalk on the Mass. Avenue
side of his house to fill in the gap. Relative to
curbing, Mr. Raymond said that they had asked for an
appropriation for curbing to start fixing up Mass. Ave.
beginning at the Arlington line, and he thought that
if the Board wanted the curbing installed in front of
Swenson
property.
Welfare
men to
work.
Sidewalk at
Shepard
property
and curbing
program.
452
Water and
Sewer in
Johnson
development.
Shepards, it ought to pass a vote on it. Mr. Raymond
said that they had asked for this apropriation to start
a curbing program and said that the 12000.00 requested
in the budget was to install curbing to Taft Avenue on
one side of Mass. Avenue and about opposite Charles
Street on the other side, but only two-thirds of what
was asked for ($1250) was appropriated. He said that
at the present time he would recommend going only to
the corner of Sylvia Street inasmuch as there is a
vacant lot at the corner of Taft Avenue.
Mr. Clark moved that the Supt, of Public Works be
authorized to install curbing and construct a granolithic
sidewalk on the Mass. Avenue side of Mr. Frank Shepard's
residence as requested by him. Mr. Potter seconded the
motion and it was so voted.
Mr. Raymond informed the Board that Daniels Street
had not been brought down to grade yet and he did not
think that the Town should install the water and sewer
until this had been done. Mr. Clark moved that the
Taft Avenue water and sewer job be completed and that the
job then be shut down. Mr. Ross seconded the motion
and it was so voted.
Mr. Raymond informed the Board that they had
encountered much trouble in the excavation in this
development. In one place a great many boulders were
encountered which Mr. Raymond thought had been thrown
into the wtree t and covered over by Johnson. The
Chairman said that if the Town was running into a great
deal of trouble on account of the boulders the t had
been rolled into the pathway of the trench, that it
should refuse to do the excavating and inform Johnson
that he would have to do it.
After discussing the matter, Mr. Clark moved that
in the future Mr. Johnson is to do the digging for
whatever water and sewer extensions he desires and
further, that he is to be charged the usual betterment
rates. Mr. Potter seconded the motion and it was 'so
voted.
Mr. Raymond asked lrhat benefit the Town was getting
from the bond covering -Johnson which was on file in the
Johnson's Town Clerk's office. He asked what the purpose of the
Bond. bond was, and the Chairman said that it was to guarantee
Johnson's doing what ,he agreed to do. Mr. Raymond
said that the Town was getting as much -debris as ever
on Mass. Avenue from this street. The Chairman requested
Mr. Raymond to check up on the bond and see how.the
Town stood and report next week.
Water Mr. Ross requested Mr. Raymond to check the 90
betterment cent rate being charged on water betterments to see if
rate* it was too high or low now.
[1
[1
453
Pureha se
of sewer
pipe.
Cataldo
property.
Drainage.
Posts for
Field &
Garden Club.
Mr. Raymond said that the Town was buying its sewer
'
pipe at the Lexington Lumber Co. and by buying a car-
load, a saving of about 5% is effected. He said that
he had ordered a carload of six and eight inch sewer
pipe at a cost of about $360.00. Mr. Clark moved that
the Supt's. action be approved. Mr. Rose seoonded the
motion and it was so voted.
Mr. Raymond said that the John Shaw property near
Bow Street now belonged to Jerry Cataldo. Some time
ago before Cataldo bought the property, Shaw signed a
release which contained a paragraph stating that the
drain from a catch basin would discharge from Bow Street
to theculvert. Mr. Raymond said that if thlecould not
be done as a W.P.A. project, he would not approve
putting a drain in Cata ldots land but would much prefer
putting a drain in Bow Street. Senator Cotton has asked
for a copy of the agreement and is apparently going to
Took out for Cataldots rights. Mr. Raymond said that the
Mill Brook project is going to be shut down very soon
and it will be a long time before anything more will
be done. This is due to the fact that the work in
Arlington has stopped and nothing will be done until
it starts again.
The Chairman suggested writing to the Selectmen of
Arlington to see what they were going to do nn the
'
project. Mr. Raymond said he thought he knew the story
pretty well, The Town of Arlington has had all kinds of
projects under the various headings of C.W.A., E.R.A.,
and W.P.A., eto, and the authorities finally found
that they were expending money and not getting a great
deal of benefit from it. Arlington has now changed the
course of the brook and wants to abandon the old one and
the W.P.A. authorities have failed to approve the new
location. Mr. Raymond thought that Cataldo's land had
been benefitted by the work already done. Mr. Raymond
suggested that if funds were available at the end of
the year in the Miscellaneous Drainage appropriation
that the work be done and charged to that account.
No action was taken on the matter.
Mr. Raymond discussed the matter of moving the
posts for the' Field and Garden Club and he thought
the best proposition would be for them to get a private
contractor to move the posts as the Town did not want
the job. The Chairman suggested that the Field and
Garden Club be invited to attend the next meeting of
the Board to discuss the whole situation and it was
decided to do this. Mr. Raymond suggested that the
members of the Board go down and look over the posts
before next fteddgy.
Mr. Raymond informed the Board that he had
received new instructions regarding P.W.A. projects
453
Pureha se
of sewer
pipe.
Cataldo
property.
Drainage.
Posts for
Field &
Garden Club.
454
>11
and the alottments are now being made on a different
F.W.A. basis and he figured that all the Town could expect
projects. toet from the Federal Government was approximately
500, The Chairman instructed the Supts to turn this
information over to the Vine Brook Drainage Committee.
Mr. Raymond said that an application had been re-
Canessals
ceived for a water service on Preston Road where the
later
bank installed the water main at its own expense. He
Service,
asked if the Town had the right to go in and install
Preston Rd.
a service connecting with a privately owned water pipe.
The Chairman said he thought the Town did have that
right as probably the bank would be coming in later
on and requesting that the Town reimburse them for the
pipe. Mr. Raymond was instructed to go ahead and
install the service.
The Supt. of Public Works reported that since
Hayden
March let, Mr. Beach has been using the Supt. of Public
Mr. Beach -
Works' car which is owned by the Water Department. Mr.
car allow-
Raymond has encouraged Mr. Beach to look around 'to"see
ance,
if he could find a car and Mr. Beach has finally bought
a car. Mr. Raymond wondered if the Board would a rov e
an allowance for the car and suggested the sum of $20.00
per month to be charged to Public Works, Labor and
'
Materials. Mr. Giroux moved that the car allowance for
Mr. Beach be approved. Mr. Potter seconded the motion
and it was so voted.
The Chairman asked the Supt. how Peter Canessa
Canessals
was making out and Mr. Raymond said' that he was doing
appointment.
all right as far as he knew.
Mr. Giroux moved that Peter Canessa be appointed
the officer in charge of the odorless cart as or May
lets 1937. Mr. Potter seconded the motion and it was
so voted,
Mr. Ross reported that Mr. J. Willard Hayden did
not want the water to be laid in Shade Street from
Weston Street. This is because he is afraid that it
will encourage building along Shade Street. Hayden
Hayden
is willing to pay the assessment of $500.00 if he is
water main.
assured that he will be assessed nothing more when the
extension is made from Weston Street. The Chairman
said that he thought this Board did not have the right
to say that Hayden would not be assessed betterments
in the future and thought that the matter of foregoing the
matter of assessment should be put up to the town for
its approval or its disapproval.
It was decided to inform Mr. Hayden that an
'
article would be inserted in the warrant for the next
Town Meeting for the extension from Andresen�s house to
' his drive and a provision would be included in the
article that no further betterments would be made on
the balance of the extension until such time as the
property might be developed into house lots.
Letter was received from Marie E. Wells on the
Middlesex County Extension Service requesting that a
representative of the Board welcome to the Town the
members who will attend the annual Homemakeris Day to
be held in Cary Hall on June 2nd. Mr. Giroux moved
that Mr. Clark represent the Board on this occasion.
Mr. Ross seconded the motion and it was so voted.
Letter was received from the Dept. of Civtl
Service requesting a statement of the duties of the
Plumbing Inspector prior to the advertisement for the
examination for the position of Plumbing Inspector,'
The Clerk was instructed to forward a list of the
Plumbing Inspectorts duties to that department.
10
Request Jbr
greeting.
Plumbing
Inspector
Ryder
drainage
cases.
Billboard
Traff is
Hazard and
sidewalk.
The Chairman made the following statement for the
benefit of -the record: He said that during the week the
Board had held informal conversations regarding a
settlement of the various Ryder drainage cases and had
come to a decision and asked that one of the members
'
make a formal motion on it.
Accordingly Mr. Giroux moved that the following
be offered the Ryders in settlement of the various
drainage eases: $152000. to be applied on taxes and
$2500, in cash with the understanding that Ryder would
waive all the things he agreed to in the meeting with
the Board of last week, including both rights of way
through the playground. Mr. Potter seconded the motion
and it was so voted.
Notice was received from the State Dept, of Public
works that application #23174 of John Donelly & Sons for
permission to locate a billboard on the lot at 613 Mass.
Avenue, Lexington, had been withdrawn.
Letter was received from the west Lexington Civic
Improvement Association stating that a hazardous con-
dition existed at the corner of Cary Avenue and Shade
Street which might be improved if a street light were
installed in the vicinity of the intersection. The
letter also requested the completiGn of the sidewalk
on Waltham Street from Marrett Road towards Lexington
.Center.
Mr. Giroux moved that the matter be turned over
to the Supt. of Public Works for investigation and
'
report. Mr, Potter seconded the motion and it was
so voted.
10
Request Jbr
greeting.
Plumbing
Inspector
Ryder
drainage
cases.
Billboard
Traff is
Hazard and
sidewalk.
456
x
Letter was received from the Town Clerk advising
that the following committee was appointed by the
Moddrator to consider the advisability of accepting
the 1536 Act relating to Planning Board and Board of
Committee. Survey:
William E. Bennett
Paul R. Hederstedt
.Richard E. Rowse
George W.-Sarano
Howard B. Custance
Letter was received from Mrs. Sara A. Cutler of
The following commitments were signed by the Board:
Water Miscellaneous - $7.00
Dommitments. dater Services - 36.50
Sewer Services - 245.00
Letter was received from Mr. William D. Hagerty
of Lincoln Street regarding the dump; on that street.
Dump on Mr. Hagerty said that for some time he had been bothered
Lincoln St. with rats outside of the house and he was afraid that
they would get inside. He thinks that the rats are coming
from the dump.
It was decided to turn the matter over to the Health
Inspector for investigation and report.
Concord Avenue stating that she would like to dis-
continue her business, which is the production of milk,
Cutler
for about a year. She wondered if there would be any
request re
complication in starting up again after a year or so
business,
of non -production.
Mr. Potter said that as far as local regulations
went, be did not think that there would be any trouble,
but he thought that there might be some State regulations
which would provide complications.
Mr. Giroux moved that the matter be referred to
the Town Counsel. Mr. Potter seconded the motion and it
was so voted.
The following applications for admission to the
'
Middlesex County Sanatorium were received and approved:
T.B. cases.
Agnes E. Richards - Age 23 - 101 Grant Street;
Helen Mills - Age 18 - Bedford Street;
Mrs, H. Martha Murphy - Age 27 - Wellington Lane Ave.
Upon motion of Mr. Clark, seconded by Mr. Potter,
the following licenses were granted:
Licenses.
Alexander H. Cameron, 42 Carville Ave., Peddlers
Hugh McIntosh, 442 Marrett Road, Sunday Sales License
Colonial Garage Inc., 1668 Mass. Ave., Overhanging Sign
Max Brilliant, .756 Mass. Avenue, Overhanging Sign.
The following commitments were signed by the Board:
Water Miscellaneous - $7.00
Dommitments. dater Services - 36.50
Sewer Services - 245.00
Letter was received from Mr. William D. Hagerty
of Lincoln Street regarding the dump; on that street.
Dump on Mr. Hagerty said that for some time he had been bothered
Lincoln St. with rats outside of the house and he was afraid that
they would get inside. He thinks that the rats are coming
from the dump.
It was decided to turn the matter over to the Health
Inspector for investigation and report.
1
1
D
The Board voted to adopt an order for the con-
struction of a water -main in Watertown Street, as follows:
ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a Water Main.
(Watertown Street and Right
Street to new Watertown
approximately 225 feet
of Way fftm Old Watertown
Street a distance of
southwesterly).
WHEREAS, at a meeting duly called and held on
Larch 15, 1937 and adjourned to March 22, 1937, the
town meeting of Lexington, pursuant to an article in the
:Tarrant of the meeting for which due notice was given,
duly adopted by unanimous vote the following vote and
made an appropriation therefor:
"Voted: That the Selectmen be authorized to install
water mains in such accepted or unaccepted streets, as
may be applied for during the year 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 appropkriated, this money to be provided by the trans-
fer of $1,650.00 from the Water Assessment Fund, and the
transfer of $350.00 from the Water Department Available
Surplus Account."
AND 1HUZAS 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
Vittue of the authority conferred upon them by the "
foregoing 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 Water-
town Street and right of way from old Watertown street
to'new Watertown Street a distance of approximately 225
feet southwesterly as aforesaid, the following easement,
namely:
Beginning at a point in the northeasterly lineof
Watertown Street, said point being northwesterly and
distant 432.54 feet from the northwesterly terminus of
a curve of 237.94 feet radius, thence N 290 41' E
distant 176.05 feet to a six inch water main for a
distance of 5 feet on each side of said line, all as
Im
Watertown
Street
water
order.
458
shown on a plan entitled, "Plan of Easement and Proposed
Water Pipe from Main in old Watertown Street to
Watertown Street, Lexington, Mass., May 18, 1937, Scale
1 in. - 40 ft.,, John T. Cosgrove, Town Engineer", said
land being owned by George W Norton, and construct
therein a line of water main with all necessary connections,
shut -offs and appurtenances substantially as shun on a
plan of John T. Cosgrove, Town Engineer, dated May 18,
1937, to be recorded herewith, The easement covered by
this taking includes the right on the part of the Select-
men 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 way as may be reasonably necessary
for the purpose of initially constructing and thereafter
maintaining, operating, inspecting, repairing and re-
placing from time to time the said water gain, (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),
Betterments will be assessed for this improvement
in accordance with the provisions of Chapter 80 of the
General,Laws. The area which it is expected will receive
advantages other than the general advantage, to the
community from such improvement comprises the lot shown '
upon the plan of John T. Cosgrove, Town Engineer, above
referred to, which is desigiated in the schedule hereto
annexed and made a part hereof.
We estimate the betterment that would be assessed
upon the 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 agreeabl 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 Seledtmen of Lexington aforesaid him
hereunto subscribed our names this eightewth day of
May, 1937.
Charles E. Fergusson Selectmen
Philip M. Clark
Albert A. Ross of
Wiliam G. Potter
Archibald R. Giroux Lexington
1
1
Commonwealth of Massachusetts
Middlesex, ss. May 180 1937
Then personally appeared the above named Charles S.
Ferguson, William G. Potter, Archibald R. Giroux, Philip
M. Clark and Albert A. Ross, and severally acknowledged
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 March 11, 1938)
SCHEDULE OF ESTIMATED BETTERMENTS.
REFERRED TO IN THE FOREGOING ORDER
(Watertown Street and Right of Way from old Water-
town Street to new Watertown Street a distance
of approximately 225 feet southwesterly)
Owner as of Jan. 1st, 1937 Assessment.
Calvin W. Childs $283.46
The Board voted to adopt an orderfbr the con-
struction of a sewer in Daniels Street, as follows:
ORDER OF
TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND
EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS
AMENDED.
DANIELS STREET.
(From Taft Avenue to Aerial Street a distance of
approximately 480 feet) .
WHEREAS, by Chapter 504 of the Acts of the year
1897, entitled, "An Act to authorize the Town of Lex-
ington to construct a system of sewerage", the same
being hereinafter referred to as "said Act", said Town
was authorized, among other things, to lag out, construct,
maintain and operate a system of sewerage, with the
powers and authority set forth in said Act, including.
full power 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
Im
460
x
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, the 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
19090 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 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 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,
the powers and duties of the Water and Sewer Comtmissiorer s
were assigned to the Board of Selectmen as a Board of I Public Works; and
WHEREAS, Charles Be, Ferguson, William G. Potter,
Archibald R. Giroux, Philip M. Clark and Albert A. Ross,
citizens and residents of said Town, have been duly
Daniels qualified and are now the duly elected qualified and
Street acting Board of Selectmen pursuant to law and the
Sewer provisions of the Acts hereinbefore referred to, and
Order
WHEREAS said Town by vote passed at a town meeting
held on the 10th day of February 1915 author izbd 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, t -o lay out, construct, maintain
and operate a sewerage system; and said Board has con-
formably to law and pursuant to said vote, laid out such
system and is about to construct the same; and
WHEREAS the Town has on the 22nd day of March, 1937,
"Voted: That the Selectmen be authorized to install
sewer mains in such accepted or unaccepted streets as
may be applied for during the year 1937, in accordance
with St. 1897, Ch. 5040 as amended, or otherwise, and '
to take by eminent domain the necessary easements
therefor, and for the purpose of said installation the
sun of $1700.00 be appropriated and transferred from
the Sewer Assessment Fund;" and
WHEREAS the system, as so laid out, required the
construction of a sewer in the location hereirm fter
described, the same to be maintained and used as a 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 southerly line of Taft
Avenue, said point being westerly and distant 64.00 feet
from -the westerly terminus of a curve of 288.50 feet
radius in said southerly line of Taft Avenue, thence
southerly distant 125.42 feet to a point of curvature,
thence bearing to the right with a curve of 368.16 feet
radius distant 228.55 feet to a point of tangenoy, thence
southerly distant 148.18 feet to a point.
For further description of the lYne of location see
plan by the Town Engineer dated May 17, 1937, hereinafter
mentioned and referred to.
And whereas the right of way and easement hereinafter
described and taken are necessary for the establishment
of said system of sewerage and sewage disposal and for
the purpose of providing better drainege 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) the following
right of way and easement, viz;
A right of way and .easement in and through the larld
through which the line of location runs in Daniels Street
for a sewer, -including manholes and appurtenances, said
sewer to be laid and maintained in the ground in sub-
stantial accordance 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 within said way as may
be reasonably necessary for the purpose of laying the
sewer, manholes and appurtenances initially and maintain-
ing, 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 materials,
'
and surface left in as smooth and good condition as at
the time of entry.
462
�c
The right of way shall include so much of the line '
of such way as is necessary for the taking and purposes,
not exceeding twenty (20) feet on each side of the line
of location.
Betterments will be assessed for this improvement
in accordance with the provisions of Chapter 221 of the
Acts of 1926.
A plan made by John T. Cosgrove, Town Engineer,,
dated May 17, 1937, entitled "Plan of Proposed Sewer
in Taft Ave. and Daniels St., Lexington., Mass. Scale
1 in. - 40 ft,, May 170 1937, John T. Cosgrove, Town
Engineer", is hereby referred to and made a part of the
present descri];t ion of taking, which plan is to be
recorded herewith in the Registry of Deeds for the
Southern District of the County of Middlesex.
The area whichit is expected will receive benefit
or advantage other than the general advantage to the
community from such improvement is described as follows;
The same being lands of Harry Be Johnson.
The said area comprises the several lots shown upon
the plan hereinbefore referred to, which are designated '
In the schedule hereto annexed and made a part hereof.
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, agreeably to
the provisions of said Chaptdr 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,
Archibald R. Giroux, William G. Potter, Philip M. Clark
and Albert A. Ross of the Board of Selectmen aforesaid,
have hereunto subscribed their names this 18th day of
May, A. D. , 1937.
Charles Be Ferguson Board
Philip M. Clark
Albert A. Ross of
William G. Potter
Archibald R. Giroux Seleotmm
1
COMMOVMLTH OF MASSACHUSET`IZ
' Middlesex, as. Lexington, May'18th, 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 Mater and Sewer Commissioners -of the Town
of Lexington, before me,
James J. Carroll
Notary Public
(Term Expires March 11, 1938)`
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
The Board voted to adopt an order for the con-
struction of a sewer in Taft Avenue, as follows:
ORDER OF
TAKING BY THE TOffN OF LEXINGTON OF RIGHT OF MAY AND
EASTMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS
AMENDED*
TAFT AVENUE
(From Daniels Street to present end, approx-
imately 160 feet).
WHEREAS, by Chapter 504 of the Acts of the year
' 1897, entitled., "An Act to authorize the Town of Lex-
ington to construct a system of sewerage", the same
being hereinafter referred to as "said Act", said Town
was authorized, among other things, to lay out, construct,
DANIELS
STREET
(From
Taft Avenue to Aerial Street a distance
of
iippr oxi ma to ly
480 feet) .
Owner
as
of Jan, 1,, 1937
Lot No.
Assessment
Harry
E.
John's on
11
$240.00
12
235.00
13
200.00
w
w
w
14
185,00
w
w
tt
15
170.00
16
175,00
17
195.00
w
w
w
25
185.00
w
"
"
26
12OOQ
w
w
tt
27
225.00
The Board voted to adopt an order for the con-
struction of a sewer in Taft Avenue, as follows:
ORDER OF
TAKING BY THE TOffN OF LEXINGTON OF RIGHT OF MAY AND
EASTMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS
AMENDED*
TAFT AVENUE
(From Daniels Street to present end, approx-
imately 160 feet).
WHEREAS, by Chapter 504 of the Acts of the year
' 1897, entitled., "An Act to authorize the Town of Lex-
ington to construct a system of sewerage", the same
being hereinafter referred to as "said Act", said Town
was authorized, among other things, to lay out, construct,
464
c�
maintain and operate a system of sewerage, with the powers
and authority set forth in said Act, including full
power to take by purchase or otherwise my lands, rights
of way and easements in. said Town necessary for the ea-
tab lishment therein of a system of sewerage or'sewage
disposal or for any of the purposes mentioned in Bebtion
1 of said Act; and
WHERT?AS 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, the 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
1909s, 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 Torn and the
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
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 Sewer
Commissioners; and
WHEREAS, by Chapter 1 of the Acts of the year1922,
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 Commiasioners
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
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 simple as "the Board") to
proceed under the provisions of said Act as mended
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 conformably to law and pursuant to
said vote, laid out such system and is about -to construct
the same; and.
WHEREAS the Town has on the 22nd day of March, 19370
' "Voteds That the Selectmen be authorized to install
sewer mains in such accepted or unaccepted streets as
may be applied for during the year 1937, in accordance
with St. 1897, Ch. 5040 as amended, or otherwise, and
to take by eminent domain the necessary easements there-
for and for the purpose of said installation the sum
of 1700.00 be appropriated and transferred from the
Sewer Assessment Fund;" and
WHEREAS the system, as so laid out, required 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 sswer is shown
approximately in the following described line, hereinafter
called the "line of location", viz;
Beginning at a point in the centerline of Taft Avenue
at Daniels Street, said point being the easterly term-
inus of a curve of 195.86 feet radius, thence westerly
and bearing to the right with a curve of 195.85 feet
radius distant 161.64 feet to a point.
For further description of the line of location
see plan by the Town Engineer dated May 17, 19370, here-
inafter mentioned and referred to.
And whereas the right of way and easement here-
inafter described and taken are necessary for the es-
tablishment of said system of sewerage and sewage disposal
ind 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) 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 Taft
Avenue 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 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 within said way as may
be reasonably necessary for the purposeof laying the
sower, manholes and appurtenances initially and main-
taining, 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 mat-
erials,. and surface Is f t in as smooth and good condition
as at the t ime of entry.
Taft Ave.
Sewer
Order.
466
�c
The right of way shall include so much of the line
of such way as is necessary for the taking and purposes, '
not exceeding twenty (20) feet on each side of the line
of location,
Betterments will be assessed for this improvement
in accordance with the provisions of Chapter 221 of the
Acts of 1928.
A plan made by John T. Cosgrove, Town Engineer,
dated May 17, 1937, entitled, "Plan of Proposed Sewer
In Taft Ave. and Daniels St., Lexington, Dass., Scale
l.in. - 40 ft., May 17, 1937, Jobn 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 Registry of Deeds for the
Southern District of the County of Middlesex.
The area which it is expected will receive
benefit or advantage other than the general advantage
to the community from such improvement is described
as follows.
The same being lands of Harry E: Johnson.
The said area comprises the several lots shown
upon the plan hereinbefore deferred to, which are
'
designated in the schedule hereto annexed and made a
part hereof.
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 No Clark
and Albert A. Ross of the Board of Selectmen aforesaid,
have hereunto subscribed their names this 18th day of
May, A. D., 1937,
Charles E: Ferguson Bosr d
Philip N. Clark
Albert A. Ross of
William G. Potter
Archibald R. Giroux Selectmen
min
is
Commonwealth of Massachusetts
Middlesex., as. Lexington, May 18th, 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 ofthe Town
of Lexington, before me,
James J. Carroll
Notary Public
(Term expires March 11, 1938)
SCHEDULE OF ESTI:"SATED BETTER MXTS
REFERRED TO IN THE FOREGOING ORDER.
TAFT AVENUE
(From Daniels Street to Present and a ppracimately
160 feet).
The Board voted to adopt orders for the construction
of granolithic sidewalks as follows:
MERRIAM STREET
May 18th, 1937.
KNOW 16LL MEN BY THESE PRESENTS;
That the Board of Sele c toren a nd Public Works of
Lexington, Massachusetts, in regular session duly Sidewalk
assembled on the 18th day of -May, 1937 did adopt an order -
order for the construction of a granolithic sidewalk 12 Merriam
on the northwesterly side of Merriam Street, a public St,
way in said Town of Lexington at property at 12 Merriam
Street, and as designated by hhgineer's stakes, in form
as follows:
It is hereby adjudged by the Board of Selectmen and
Public Works of the Town of Lexington that public
convenience requires that a granolithic sidewalk
be conattu:ated on the northwesterly side of Merriam
Street, a public way of the Town of Lexington, at
property at 12 Merriam Street, and as designated by
Engineer's stakes.
It is therefore
Owner
as
of Jan. 1, 1937
Lot No.
Assessment.
'
Harry
E.
Johnson
29
0170.00
The Board voted to adopt orders for the construction
of granolithic sidewalks as follows:
MERRIAM STREET
May 18th, 1937.
KNOW 16LL MEN BY THESE PRESENTS;
That the Board of Sele c toren a nd Public Works of
Lexington, Massachusetts, in regular session duly Sidewalk
assembled on the 18th day of -May, 1937 did adopt an order -
order for the construction of a granolithic sidewalk 12 Merriam
on the northwesterly side of Merriam Street, a public St,
way in said Town of Lexington at property at 12 Merriam
Street, and as designated by hhgineer's stakes, in form
as follows:
It is hereby adjudged by the Board of Selectmen and
Public Works of the Town of Lexington that public
convenience requires that a granolithic sidewalk
be conattu:ated on the northwesterly side of Merriam
Street, a public way of the Town of Lexington, at
property at 12 Merriam Street, and as designated by
Engineer's stakes.
It is therefore
i e
ORDERED that a granolithic sidewalk be con-
stracted on the northwesterly side of Merriam
Street, a• public way of the Town of Lexington,
at property at 12 Merriam Street, and as des-
ignated by Engineers stakes., and that one/half
of the cost thereof be assessed upon abutting
estates, all under the provisions of Chaptdr 8.3
of the General Laws, and of any amendments.thereto
se far as applicable.
NOW, THEREE'ORE, this statement of their action is
now made to be recorded in the Middlesex South
District Registry of Deeds, that all assessments
made or charges imposed under Chapter 83 of the
General Laws and any amendments thereof upon any
land which abuts upon said sidewalk, shall con-
stitute a lien upon such land from the time this
statement is recorded in said Registry of Deeds.
Given under my hand and the seal of the said Town
this 18th day of May, 1937.
Eleanor M. Lowe,
the Board -of Selectmen
Lexington.
Clerk of
Commonwealth of Massachusetts
Middlesex, ss.
.�3
May 18th, 1937
Then personally appeared the above named, Eleanor
M. Lowe, Clerk of the Board of Selectmenof the said Town
and made oath that the foregoing statement subscribed by
her is true, before me,
James J. Carroll
Notary Public
(Term expires March 11, 1938)
SCHEIXJLE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
12 Merriam Street.
Owner as of.Jan. lot, 1937 Assessment,
Robert C. Merriam
$55.00
1
n
u
Im
MERRIAM STREET
May 18th, 1937.
KNOW ALL MEN BY THESE PRESENTS:
That the Board of Selectmen and Public Works of
Lexington, Massachusetts, in regular session duly
assembled on the 18th day of May, 1937, did adopt an
order for the construction of a granolithic sidewalk on
the northwesterly side of Merriam Street, a public way
in said Town of Lexington, at property at 10 Merriam
Street, and as designated by Engineer's stakes, in form
as follows;
It is hereby adjudged by the Board of Selectmen
and Public Works of the Town of Lexington that
public convenience requires that a granolithic
sidewalk be constructed on the northwesterly side
of Merriam Street, a public way of the Town of
Lexington, at property at 10 Merriam Street, and
as designated by Engineer's stakes.
It is therefore
ORDERED that ._a granolithic
on the northwesterly side
' public way of the Town of
at 10 Merriam Street, and
stakes, and that oneAalf
assessed upon abutting est
visions of Chapter 83 of t
any amendments thereto so
sidewalk be constructed
of Merriam Street, a
Lexington, at propert#
as designated by Engineer's
of the cost thereof be
ates, all under the pro -
he General Laws, and of
far as applicable.
NOW, THEREFORE, this statement of their action is
now made to be recorded in the Middlesex South
District Registry of Deeds, that all assessments
madd or charges imposed under Chapter 83 of the
General Laws and any amendments thereof upon any
land which abuts upon said sidewalk, shall con-
stitute a lien upon such land from the time this
statement is recorded in said Registry of Deeds,
Given under my hand and the seal of the said Town
this 18th day of May, 1937.
Eleanor M. Lowe.
Clerk of the Board of Selectmen of
Lexington.
Commonwealt hof Massachusetts
Middlesex, as. May 18th, 1937
Then personally appeared the above named, Eleanor
M. Lowe, Clerk of the Board of Selectmen of the said Town
and made oath that the foregoing stat went subscribed by
her is true, before me,
James J. Carroll
Notary Public
(Term expires March 1121938).
470
yc
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER. '
10 Merriam Street.
Owner as of Jan. 1st, 1937 Assessment.
Robert C. Marriam $57.00
MASSACHUSETTS AVENUE
May 18th, 1937
]KNOW ALL MEN BY THESE PRESENTS:
That the Board of Selectmen and Public Works of
Lexington, Massachusetts, in regular session duly
assembled on the 18th day of May, 1937, did adopt an
orddr for the construction of a granolithic sidewalk
on the southerly side of Massachusetts Avenue, a public
way in said Town of Lexington, at property at 12 Mass-
achusetts Avenue, and as designated by Engineer's stales,,
in form as follows:
It is ber-eby adjudged by the Board of Selectwn and ,
Public Works of the Town of Lexington that public
convenience requires that a granolithic sidewalk
be constructed on the southerly side of Massa chusett
Avenue, a public way of the Town of Lexin gton, at
property at 12 Massachusetts Avenue, and as des-
ignated by Engineer's stakes.
It is therefore
ORDERED that a granolithic sidewalk be constructed
on the southerly side of Massachusetts Avenue, a
public way of the Town of Lexington,at property at
12 Massachusetts Avenue, and as designated by
Engineer's stakes, and that cave/half of the cost
thereof be assessed upon abutting estates, all
under the provisions of Chapter 83 of the General
Laws, and of any amendments thereto so far as
applicable.
NOW, THEREFORE, this statement of their action is
now made to be recorded in the Middlesex South District
Registry of Deeds, that all assessments made or charges
impnsed under Chapter 83 of the General Laws and any
amendments thareof upon any land which abuts upon said '
sidewalk, shall constitute a lien upon such land from
the time this statement is recorded in said Registry of
Deeds.
10
' Given under my hand and the seal of the said Town
this'18th day of May, 1937,
Eleanor M. Lowe,
Clerk of the Board of Selectmen
of Lexington.
Commonwealth of Massachusetts
Middlesex, as. May 18th, 1937
Then personally appeared the above named, Eleanor
M. Lowe, Clerk of the Board of Selectmen of the said Town
and made oath that the foregoing statement subscribed by
her is true, before me,
James J. Carroll
Notary Public
(Term expires March 11, 1938)
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
12 Massachusetts Avenue
Owner as of Jana let. 1937. Assessment.
' Samuel Smorack, Tr.
c/o Max Berman $45.00
BLOOMFIELD STREET
May 18th, 1937
ENOW ALL MSN BY THESE PRESENTSt
That the Board of Selectmen and Public Works of
Lexington, Massachusetts, in regular session daly assembled
on the 18th day of May, 19379, did adopt an order for the
construction of a granolithic sidewalk on the southeast-
erly side of Bloomfield Street, a public way in said Town
of Lexington, at property at 16 Bloomfield Street, and as
designated by Engineer+s stakes., in form as follows;
It is hereby adjudged by the Board of Selectmen and
-Pablic_ Works of the Town of Lexington that public
convenience requires that a granolithic sidewalk
be constructed on the southeasterly side of Bloom.
field Street, a public way of the Town of Lexington,
at property at 16 Bloomfield Street, and as designated
by,Engineerts stakes.
472
It is therefore
ORDERED that a granolithic sidewalk be constructed
on the southeasterly side of -Bloomfield Street, a
public way of the Town of Lexington, at property
at 16 Bloomfield Street, and as designated by
Engineers' stakes, and that one/half of the cost
thereof be assessed upon abutting estates, all
under the provisions of Chapter 83 of the General
Laws, and of any amendments thereto so far as
applicable.
NOWO THEREFORE, this statement of their action is
now made to be recorded in the Middlesex South
District Registry of Deeds, that all assessments
made or charges imposed under Chapter 83 of the
General Laws and any amendments thereof upon any
land which abuts upon said sidewalk, shall con-
stitute a lien upon such land from the time this
statement is recorded in said Registry of Deeds.
Given under my hand and the seal of the said Town
this 18th day of May, 1937.
Eleanor M. Lowe,
Clerk of the Board of Selectmen
of Lexington.
Commonwealth of 'Massachusett s
Middlesex, as. May 18, 1937.
Then personally appeared the above named, Eleanor
M. Lowe, Clerk of the Board of Selectmen of the said
town and made oath that the foregoing statement sub-
scribed by bar is true, before me,
James J. Carroll
Notary Public
(Term expires March 11, 1938)
SCHEDULE OF ESTIMATED BETTERNWTS
REFERRED TO IN THE FOREGOING ORDER.
16 Bloomfield Street
Owner as of January 1,, 19V7 Assessment.
Susan L. Ball
$105.00
I
1
IM
' The Welfare Agent discussed welfare matters with
the Board. Welfare
The meeting adjourned at 10:00 P. M.
A true record, Attest:
1
Clerk.