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HomeMy WebLinkAbout1937-05-18 450 czz rl SELECTMEN 'S MEETING MAY 18th, 1937. 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 -.794% discount Bids on R. L. Day - .74% Loan. Lexington Tract Company - .79% First Boston Corporation - .833 Faxon Gado Co. - .78 West Newton Savings Bank. - .70% Whiting, Weeks & Knowles - .84% Mr. Clark moved that the Town Treasurer be authorized to accept the bid of the West Newton Savings Bank of .70%. 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 $100.00 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 but they were very much disappointed. Mr. Garmon 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 might be some things that the Selectmen and the Appropriation Committee might think more important than this. He said he thought 451 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 lheld 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 Rest Room 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. 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 shou4.d get it in right away to enable him to get a crop off his land. At the present time he has to Swenson get into his land by way of Allen Street. Mr. Raymond property. 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 recommendation be approved. Mr. Giroux seconded the motion and it was so voted. The Chairman requested Mr. Raymond to make up a tentative list of places he could use Welfare men and to report the number of men that he could use. Welfare Mr. Giroux moved that any time Mr. Raymond wanted men to men from the Welfare Department to go to work for him work. 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 Sidewalk at side of his house to fill in the gap. Relative to Shepard curbing, Mr. Raymond said that they had asked for an property appropriation for curbing to start fixing up Mass . Ave. and curbing beginning at the Arlington line, and he thought that program. if the Board wanted the curbing installed in front of 452 C) Shepard's, it ought to pass a vote on it. Mr. Raymond said that they had asked for this appropriation to start a curbing program and said that the $2000.00 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 aide, 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 Mess. 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. Water and Mr. Raymond informed the Board that they had Sewer in encountered much trouble in the excavation in this Johnson development. In one place a great many boulders were development. encountered which Mr. Raymond thought had been thrown into the street 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 that 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. Clerk 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 that 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. 453 Mr. Raymond said that the Town was buying its sewer pipe at the Lexington Lumber Co. and by buying a car- Purchase load, a saving of about 5% is effected. He said that of sewer he had ordered a carload of six and eight inch sewer pipe. pipe at a cost of about $360.00. Mr. Clark moved that the Supt's . action be approved. Mr. Ross seconded 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 this could not be done as a W.P.A. project, he would not approve Cataldo putting a drain in Cataido's land but would much prefer property. putting a drain in Bow Street. Senator Cotton has asked for a copy of the agreement and is apparently going to look 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 on the project. Mr. Raymond said he thought he knew the story pretty well. The Town of Arlington has had all kinds of Drainage. projects under the various headings of C.W.A. , E.R.A. , and W.P.A., etc. 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 Cataldots 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 Posts for the best proposition would be for them to get a private Field & contractor to move the posts as the Town did not want Garden Club. 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 TueAdgy. Mr. Raymond informed the Board that h8 had received new instructions regarding P.W.A. projects 454 Ct r.� and the alottments are now being made on a different P.W.A. basis and he figured that all the Town could expect projects. to get from the Federal Government was approximately 30%. The Chairman instructed the Supt. to turn this information over to the Vine Brook Drainage Committee. Mr. Raymond said that an application had been re- ceived for a water service on Preston Road where the Water 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 r ight 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 s inc e March 1st, 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 approve 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 Genesee's 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 of May 1st, 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 455 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 Request kr representative of the Board welcome to the Town the greeting. members who will attend the annual Homemaker's 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 Civil Service requesting a statement of the duties of the Plumbing Plumbing Inspector prior to the advertisement for the Inspector examination for the position of Plumbing Inspector. The Clerk was instructed to forward a list of the Plumbing Inspector's duties to that department. 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. Ryder Accordingly Mr. Giroux moved that the following drainage be offered the Ryders in settlement of the various cases. drainage cases: $15,000. 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 Billboard 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 Traffic Street which might be improved if a street light were Hazard and installed in the vicinity of the intersection. The sidewalk. letter also requested the completion 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. 456 Letter was received from the Town Clerk advising that the following committee was appointed by the Moddrator to consider the advisability of accepting the 1936 Act relating to Planning Board and Board of Committee. Survey: William E. Bennett Paul R. Hederatedt Richard E. Rowse George W. Sarano Howard E. Custance Letter was received from Mrs. Sara A. Cutler of 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, he 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 ao voted. The following applications for admission to the Middlesex County Sanatorium were received and approved: T.S. 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 ., Peddler's 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 commitmenta were signed by the Board: Water Miscellaneous - $7.00 Dommitments. Water 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 ha 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. 457 111The 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 of Way from Old Watertown Street to new Watertown Street a distance of approximately 225 feet southwesterly). WHEREAS, at a meeting 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 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 appropriated, 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. " Watertown Street AND WHEREAS the right of way and easement here- water inafter described and taken are necessary for the order. 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 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 line. of 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 29° 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 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 shown 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 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 ]eft 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 designated 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 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 Seledtmen of Lexington aforesaid hire hereunto subscribed our names this eighteenth day of May, 1937. Charles B. Ferguson Selectmen Philip M. Clark Albert A. Rosa of WiAliam G. Potter Archibald R. Giroux Lexington 459 Commonwealth of Massachusetts Middlesex, ss . May 18, 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 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. Childe $283.46 The Board voted to adopt an order fbr 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, byChapteryear 504 of the Acts of the ye r 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, 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 460 ct WHEREAS said Town of Lexington duly accepted said ' Aot 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 1909, which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the then Board of Water Commissioners of said Town and the Board of Sewer Commissioners elected under the provisions of said 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 Commissioners 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 ?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 authorised and requested said Board of Water and Sewer Commissioners (hereinafter referred to simply as "the Board") to proceed under the provisions of said Act as amended by Chapter 322 of the Acts of the year 1913 and the acts referred to in the first section thereof, to lay out, construct, maintain and operate a sewerage system; and said Board has 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. 504, as amended, or otherwise, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the 461 sum of $1700.00 be appropriated and transferred from the Sewer Assessment Fund; " and WHEREAS the system, as so laid out, required the construct ion of a sewer in the location hereinafter 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 paint in the southerly line of Taft Avenue, said point being westerly end 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 tangency, thence southerly distant 148.18 feet to a point. For further description of the line 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 dra inag a 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 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 ac 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 17, 1937, John T. Cosgrove, Town Engineer", is hereby referred to and made a part of the present description of taking, which plan is to be recorded herewith in the 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 E. 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 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, 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 E. Ferguson Board Philip M. Clark Albert A. Ross of William G. Potter Archibald R. Giroux Selectmen 463 COMMONWEALTH OF MASSAunua.rra Middlesex, ss. 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 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. DANIELS STREET (From Taft Avenue to Aerial Street a distance of Approximately 480 feet). Owner as of Jan. 1. 1937 Lot No. Assessment Harry E. Johnson 11 $240.00 N " 12 235.00 ✓ N r. 13 200.00 " N " 14 185.00 " " " 15 170.00 If " " 16 175.00 " N " 17 195.40 N N " 25 185.00 N " It 26 190.OQ " " » 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 TOWN OF LEXINGTON OF RIGHT OF WAY 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 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 ai y lands, rights of way and easements in said Town necessary for the es- tablishment therein of a system of sewerage or sewage disposal or for any of the purposes mentioned in Bettion 1 of said Act; and WHEREAS said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS the -system hereinafter referred to as about to be constructed, 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 1909, which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the then Board of Water Commissioners of said Town and the Board of Sewer Commissioners elected under the provisions of said Act (Chapter 504 of 1897) were consolidated in one Board to be called the Board of Water and Sewer Commissioners, with the prevision 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 Commissioners 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, aid WHEREAS said Town by vote passed at a town meeting held on the 10th day of February 1915 authorized mad requested said Board of Water and Sewer Commissioners (hereinafter referred to simple as the Board") to proceed under the provisions of said Act as amended by Chapter 322 of the Acts of the year 1913 and the acts referred to in the first section thereof, to lay out, construct, maintain and operate a sewerage system; and said Board has conformably to law and pursuant to said vote, laid out such system and is about-to construct the same; and 465 WHEREAS the Town has on the 22nd day of March, 1937, *Votedt 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. 504, 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 here inafter 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 airier 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 195.88 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, 1937, 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 dnd 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 Taft Ave. right of way and easement, viz; Sewer Order. 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 sewer, 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 left in as smooth and good condition as at the time of entry. 466 ml ›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 17, 1937, John T. Cosgrove, Town Engineer", is hereby referred to and made a part of the present description of taking, which plan is to be recorded herewith in the 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 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 E. Ferguson Board Philip M. Clark Albert A. Ross of William G. Potter Archibald R. Giroux Selectmen 467 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 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. TAFT AVENUE (From Daniels Street to Present end apprac imately 160 feet ). Owner as of Jan. 1, 1937 Lot No. Assessment . Harry B. Johnson 29 4170.00 The Board voted to adopt orders for the construction of granolithic sidewalks as follows; MERRIAM STREET May 18th, 1937. KNOW ALL MEN BY THESE PRESENTS: That the Board of Selectmen 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 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 12 Merriam Street, and as designated by Engineer's stakes. It is therefore 468 cn ORDERED that a granolithio 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 Engineer's stakes, and that one/half of the cost thereof be assessed upon abutting estates, all under the provisions of Chaptdr 83 of the General Laws, and of any amendments thereto se 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 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 Massachusetts Middlesex, ss . 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) SCHEIIJLE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER 12 Merriam Street. Owner as of Jan. lst, 1937 Assessment. RObert C. Merriam $55.00 469 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 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, and that one/half of the cost thereof be assessed upon abutting estates, all under the pro- visions 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 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. Commonwealthof Massachusetts Middlesex, ss. May 18th, 1937 Then personally appeared the above named, Eleanor M. Lowe, Clerk of the Board of Selectmen of the said Town and rade oath that the foregoing stat hent subscribed by her is true, before me, James J. Carroll Notary Public (Term expires March 11,1938) . 470 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN 'riir. FOREGOING ORDER. 10 Merriam Street. Owner as of Jan. 1st, 1937 Assessment. Robert C. Merriam $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 order for the construction of a granolithic sidewalk on the southerly aide 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 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 southerly side of Massachusetts Avenue, a public way of the Town of Lexington, 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 cae/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. NOV, TBEREFORE, 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 thereof 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. 471 I 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 Jan. 1st, 1937. Assessment. II Samuel Smorack, Tr. c/o Max Berman $45.00 BLOOMFIELD 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 fob 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 Public Works of the Town of Lexington that public convenience requires that a granolithic sidewalk be constructed on the southeasterly side of Bloom- II field Street, a public way of the Town of Lexington, at property at 16 Bloomfield Street, and as designated by,Engineer's stakes. 472 cn ml 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 Engineerst 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 . 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 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 Massachusetts Middlesex, ss . 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 her is true, before me, James J. Carroll Notary Publio (Term expires March 11, 1938) SCHEDULE OF ESTIMATED BETTERNFNTS REFERRED TO IN THE FOREGOING ORDER. 16 Bloomfield Street Owner as of January 1. 1937 Assessment. Susan L. Ball $105.00 473 ' The Welfare Agent discussed welfare matters with the Board. Welfare The meeting adjourned at 10:00 P. M. A true record, Attest: Clerk.