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HomeMy WebLinkAbout1937-10-13' SELECTMENIS MEETING October 13, 1937 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Ferguson, Messrs. Potter, Giroux, Ross and Clark were present. The Clerk was also present. Letter was received from Mrs. Laura Recupero in which the woman offered to pay $25.00 for lots 3 and 4, block 29, Meagher development. Letter was also received from the Building Inspector advising that Mrs. Recupero was building a house on a lot and after the lot was surveyed, it was found that the house was located three feet from the adjoining lot. Mr. Long - bottom said that he had revoked the building permit and that Mrs. Recupero was willing to buy the adjoining lot from the Town. He asked that he be advised when the trans- action took place so that he could lawfully renew the building permit. Mr. Clark moved that Mrs. Recupero's offer be accepted and that the Building Inspector be so notified. Mr. Giroux seconded the motion and it was so voted. ' At 8:00 P.M. hearing was declared open upon the application of Sverre M. Nelson for permission to maintain a one car garage at 1 Fuller Road. Mr. Nelson appeared and presented plan of the proposed garage. No persons appeared in opposition. Mr. Ross moved that the permit be granted subject to the approval of the Building Inspector. Mr. Clark seconded the motion and it was so voted. At 8:15 P.M., Messrs. J. Willard Hayden, Arthur Beal and Sydney R. Wrightington appeared before the Board. Mr. Beal gave each Selectman and Mr. Wrightingto n a copy of the agreement which he had drawn up with regard to the Shade Street water main. Mr. Hayden said that he had re- quested that two hydrants be installed and Mr. Raymond informed him that three would be installed. Mr. Beal said that in preparing the agreement, he had the article in the Warrant before him and tried to incorporate the wording of the article in the agreement. The records of the various meetings at which the Shade Street water main was dis- cussed were read by the Chairman. The Chairman said that the only question he had was that Hayden felt that he should not pay more than approximately $500.00 even though the main was extended from Weston Street. Mr. Hayden ' Said that that was the assessment which the Board had agreed he should be charged. He said that this property would never be cut up into house lots and that when he 33 Recupero - purchase of lot. Nelson garage hearing. Shade St. Water main agreement. 34 passed on, it would revert to some charitable organ- ization. This land can be used only in conjunction with the charitable project. The Chairman said that Mr. Hayden originally requested that the main come from Andresens to his drive. Mr. Hayden said that it would be absolutely necessary to have the extension made from Weston Street in order to take care of the latest building which is being built about 75 or 80 feet from Weston Street. The Chairman asked if Hayden thought he should be charged the whole betterment because of the character of the buildings that are going in, and Hayden replied in the negative. The Chairman said that the difference in the cost of extending the main from Andresens and from Weston Street made the Board decide to extend it from Andresens. After this decision, Hayden said that it was absolutely necessary to have the main extended from Weston Street. Mr. Hayden agreed that his original request was to have the main extended from Andresen and that he later changed his mind on account of Linney, who wanted water and desired to have it extended from Weston Street. Mr. Beal and Mr. Wrightington made a few minor changed in the proposed agreement. Mr. Beal said that he would have a new agreement drawn up and mail it to the Board for consideration together with Mr. Haydents check for the betterment assessment. Mr. Beal said that Hayden's idea was to have the work started as soon as possible. The Board told Mr. Hayden that the order would be signed tonight and the work could be started right away. They retired. Upon motion of Mr. Clark, seconded by Mr. Potter, it was voted to adopt an order for the construction of a water main in Shade Street, as follows: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington WHEREAS, the Town of Lexington at a town meeting duly called and held on September 27, 1937, duly adopted under Article 8 of the Warrant the following vote: ffVoted: That an 8o water main be installed in Shade Street for a distance of approximately 1320 feet, subject to the assessment of betterments, and that funds for this purpose be provided by the transfer of $620.00 from the Water Assessment Fund; by the transfer of $2840.00 from the Water Department Available Surplus Account; and by the transfer of $2140.00 from the Excess and Deficiency Account; and that the Selectmen be authorized to execute in the name of and on behalf of the Town an agreement with J. Willard Hayden with respect to the said extension, 1 1 L 35 including a stipulation for non -assessment or abatement ' of betterments for future extensions past the property on Shade St. of the said Hayden." VOTED: By the Selectmen acting as a Board of Water and Sewer Commissioners under the authority of the fore- going vote and of every other power them thereto enabling, that a water main be constructed in Shade Street from Weston Street a distance of approximately 1320 feet, sub- stantially in accordance with plan of Joseph A. Ross, dated October 5, 1937, and entitled, "Plan of Proposed Water Main in Shade Street, Lexington, Mass., Scale:l in. - 40 ft., Oct. 5, 1937, Joseph A. Ross, Supt., Water Depart- ment". Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80'of the General Laws. Shade Street The area which it is expected will receive benefit Water Order or advantage other than the general advantage to the community from such improvement is described as follows: That portion of those properties on each side of Shade Street beginning at Weston Street and extending easterly a distance of approximately 1320 feet. ' The said area comprises the several lots shown upon the plan of Joseph A. Ross, Sup., Water Department here- inbefore referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this 13th day of October 1937. Charles E. Ferguson Majority of Philip M. Clark Selectmen Archibald R. Giroux of the Town Albert A. Ross of Lexington. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington October 13, 1037 Then personally appeared the above named Chanes E. Ferguson,-'hilip M. Clark, Albert A. Ross and Archibald ' R. Giroux and severally acknowl^dged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners 36 of the Town of Lexington, before me, James J. Carroll, Notary Pub lic . SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. SHADE STREET (From Weston Street a distance of approximately 1320 feet easterly). Owner as of 4anuary lst, 1937 Lot Number Assessment. Neil McIntosh 197,198,199,2001 20152021.203 $292.58 Jessie F. Holbrook 203A 22.50 Neil McIntosh 204,205,206 135.00 Clifton Glidden 207 45.00 Neil McIntosh 2083,209,209A 112.50 William L. Linney 211A 67.50 Allan H. Stockton 21222132214 235.31 Ryder.s Stock Farm,Inc. 215,216,217,218, 219 225.04 Charles Hayden C 1017.00 Mr. Willard C. Hill appeared before the Board to discuss insurance. Mr. Hill said that to increase the fire insurance on town buildings by 10% for a period of four months ending January 31 , 1938, the cost would amount to $201.36. The order could be cancelled at the end of January and could be rewritten back to date for a term. The business could be distribut:ad among the Insurance. agents and they could be told to put up their appropriate shares of the $201.36 and that they would have to wait for their money. The insurance for a five year term.would amount to $1610.00. The Chairman said that there were two alternatives, one to have the agents wait for their money and the other not to increase the insurance until after the first of the year. Mr. Hill said that his firm had made up a new schedule assuming that the Torn was going.to increase the insurance by 10% and he felt that these new schedules should be sent to the agents as none of them had them as yet. Mr. Hill stated that the apparai sal should be checked every three years. Barnes Mr. Hill stated that he wanted to discuss the Barnes property. property also and he suggested that some agent bind the property for whatever amount the Board thinks it should 1 J 1 Mr. Wrightington appeared before the Board and said that he would like to discuss the Haley claim. Haley's claim is $58.33 and the Board offered to settle for $18. Mr. Wrightington said he thought it would be cheaper to make the best settlement possible rather than go to the expense of trying the case. Mr. Clark moved that the Town Counsel be authorized to settle the claim as cheaply as possible. -Mr. Giroux seconded the motion and it was so voted. The Board discussed the Harvey case with Mr. Wright- ington. He said that the Board would not have to reverse its decision as to the suspension because Harvey did not appeal. He said it was Harvey's duty to return to duty after his suspension was up if it was not continued and that the Board ought to tell the Chief verbally that the suspension ended on October 16th. 37 High School insurance Haley claim. Harvey case. Mr. Ross left the meeting at 9:45 P.M. Chief Sulli#Van appeared before the Board and the Chairman read a statement received from Ivan G. Pyle, M.D. Knapp case to the effect that Forrest Knapp had been under his care for the past week and a half, and at the present time was improving but unable to be up and about the room. It was be insured for and not be included in the schedule -until it has been converted intc an office building. It is now merely a dwelling. Mr. Hill said that he wanted to bring before the. Board aggin the matter of the insurance on the High School. It is costing the Town $3694.33 per year for insurance on the building and he again recommended that sprinklers be in- stalled. After this was done the saving to the Town would be $956.00 per year. Mr. Potter asked what the installation of sprinklers would cost and Mr. Hill said that when Mr. Custance was Chairman of the Board, he made a survey of what was required and what should be done, but that Mr. Custance kept all the bids and he did not receive them. His opinion was that within seven years, the Town would save in insurance the cost of having the work done. When that building was built, there was no insurance engineering asked for or wanted. When the Franklin School was built, his firm had the pleasure of working with the architects all the time, which resulted in a great saving. Mr. Hill said that the High School was a danger spot. Mr. Hill retired;. Mr. Giroux moved that the Appropriation Committee be requested to transfer the sum of 201.36 from the Reserve Fund to pay for increasing the fire insurance on ' town properties by 10% for a period of four months. Mr. Potter seconded the motion and it was so voted. Mr. Clark wished to be recorded in opposition. Mr. Wrightington appeared before the Board and said that he would like to discuss the Haley claim. Haley's claim is $58.33 and the Board offered to settle for $18. Mr. Wrightington said he thought it would be cheaper to make the best settlement possible rather than go to the expense of trying the case. Mr. Clark moved that the Town Counsel be authorized to settle the claim as cheaply as possible. -Mr. Giroux seconded the motion and it was so voted. The Board discussed the Harvey case with Mr. Wright- ington. He said that the Board would not have to reverse its decision as to the suspension because Harvey did not appeal. He said it was Harvey's duty to return to duty after his suspension was up if it was not continued and that the Board ought to tell the Chief verbally that the suspension ended on October 16th. 37 High School insurance Haley claim. Harvey case. Mr. Ross left the meeting at 9:45 P.M. Chief Sulli#Van appeared before the Board and the Chairman read a statement received from Ivan G. Pyle, M.D. Knapp case to the effect that Forrest Knapp had been under his care for the past week and a half, and at the present time was improving but unable to be up and about the room. It was 38 decided to notify Knapp to appear before the Board at the next meeting if he is able. Mr. Raymond appeared before the Board and stated ' Street that he had received a request for a street light in Light. front of #288 Marrett Road. He recommended that the light be installed. Mr. Clark moved that the recommend- ation be approved. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that he had received a request to loam the gutters in front of the Home for the Aged. There Gutters. are.funds in the Highway Maintenance appropriation to do this and he recommended that the work be done. Mr. Giroux moved that the recommendation be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he had received a request to remove an Ash tree and an Elm tree in front of St. Removal Brigids Church. He would not recommend the removal of of tree. the Elm, but would recommend the removal of the Ash tree. Mr. Clark moved that the Selectmen, acting as Tree Wardens, authorize the Supt. of Public Works to post the Ash tree for removal. Mr. Giroux seconded the motion and it was so voted. ' Mr. Raymond said that the matter of obtaining loam for the playground was presented incorrectly last week. Loam for What Mr. Garrity wanted was to purchase loam to be dumped center at the playground and spread by the Welfare men. He playground. wanted to know if the Town would approve spending money from the special welfare appropriation for the purchase of loam. Mrs Raymond thought that not more than $1200. or $1400. should be spent. Mr. Potter moved that the Board authorize the expenditure of not more than $1,000. for the purchase of loam for the center Playground. Mr. ' Giroux seconded the motion and it was so voted. Mr. Raymond said that he had received a claim from Lacker one Lacker of Weston for damages to his property at claim. 271 Lowell Street. Arlington, as a result of the Mill Brazok blasting. The claim amounts to $582.00. Mr. Giroux moved that no action be taken. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that it would cost about $460.00 to lay the 450 feet of wires to the fire alarm system in Undergrouhd Mass. Avenue from Elm Avenue to Forest Street and there wires. are no funds available. He said that he had not heard from the Telephone Company on the matter of putting their wires underground as yet. It was decided to hold the matter over for one week. Mr. Raymond said that he had received a request to remove an Ash tree and an Elm tree in front of St. Removal Brigids Church. He would not recommend the removal of of tree. the Elm, but would recommend the removal of the Ash tree. Mr. Clark moved that the Selectmen, acting as Tree Wardens, authorize the Supt. of Public Works to post the Ash tree for removal. Mr. Giroux seconded the motion and it was so voted. ' 1 1 39 Mr. Raymond said that last year they had a Moth notice printed and that they are afraid that the moths Moth will be much worse in 1938 than in 1937. He recommended notices that more notices be printed. Mr. Clark moved that the recommendation be approved. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that Father McCarthy had requested curbing in front of the church on Mass. Avenue. There are funds available for the purchase of curbing, but there are Curbing no funds available to pay for the labor of setting it. on Mass. Mr. Clark moved that Father McCarthy be notified that Avenue. there are no funds available tc do the work at this time but that the request would be considered when the 1938 appropriations were being discussed. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that he would recommend that drain- age be installed in Waltham Street in the vicinity of Farm - crest and Brookside Avenues. He estimated that thie work would cost between $1,000. and $1,200.00, and felt that Drainage. the cost should be charged to Chapter 90 maintenance. Mr. Clark moked that the work be authorized and that the cost be charged to that appropriation. Mr. Giroux seconded the motion and it was so voted. The Board signed the contract for the Watertown Street Chapter 90 work. Mr. Raymond said that he received a, letter from Supt. Paxton as a result of Paxton1s conversation with Officer John Barry with regard to the parking of auto- mobiles on Mass. Avenue near Independence Avenue. Mr. Barry said that the business men parked their cars there all day. Mr. Paxton felt that this was constituting a hazard because Mass. Avenue is rather narrow at that point. He recommended that the section be restricted Chapter 90 contract Parking Mass. Ave. to one hour parking and Mr. Raymond thought that it was a good suggestion. Mr. Giroux moved that the proper steps be taken to comply with Mr. Paxton's suggestion. Mr. Clark seconded the motion and it was so voted. Mr. Raymond said that the more he thought of the repairs to the Capt. Parker Monument, the more he believed Capt. it would be necessary to make radical changes. He thought Parker that the present stone was too small and said he would Monument like the Boards authority to hire a man to do this work not on a competitive basis. He thought it would cost less than $600.00 to complete the job. Mr. Clark moved that Mr. Raymond be authorized to proceed in accordance with his own recommendation. Mr. Potter seconded the motion qnd it was so voted. 40 Mr. Raymond said that he had received two or three Sidewalk requests for gravel sidewalk improvements and shoulder work, etc. work. He asked if it was not the consensus of opinion that this work be not done unless it constituted a danger- ous condition. The Chairman said that inasmuch as there were no funds available for this work, the people should be notified of this fact and that the matter would be considered when the 1938 budget was taken up. Mr. Raymond said that there was enough money in the Water Maintenance account to purchase a night light set, manufactured by the Honelite Co., containing two lights and a motor for $215.80. He would recommend spending $10:50 more for an extra light. The Chairman stated that it was near the end of the year and that is when the Appropriation Committee has always criticized the Select - Night light men for authorizing purchases not included in the budget. set. Mr. Raymond said that there was sufficient money in the equipment item to pay for this and although it was not specifically mentioned in this budget, the equipment item is for purchases such as this. Mr. Clark asked how badly the set was needed, and Mr. Raymond said that the necessity for it depended on the kind of a winter we are going to have. Mr. Clark asked if Mr. Raymond had checked other makes of set and Mr. Raymond said that he did not know of any other concern that made such a set which would compare , with this for accessibility, desirability, etc. Mr. Potter moved that the matter be held over for one week and that Mr. Raymond check other makes of this kind of set. Mr. Clark seconded the motion and it was so voted. Letter was received from the Town Treasurer stating that on October 29th, a loan in the amount of $100,000. Loan. in anticipation of revenue was due. He recommended another borrowing in the same amount in anticipation of revenue. Mr. Clark moved that the Treasurer be authorized to "take bids on a loan of $100,000.00 to be received on October 19, 1937, dated October 20th, 1937 and payable July 29th, 1938. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel advising Loans for that he had completed the preliminary examination of title Barnes to the Barnes property and that it would be in order for property. the Town to obtain bids on the bonds that are to be issued for this purpose. Mr. Clark moved that the Town Treasurer be authorized to take bids on a loan of $24,000. the bids to be received on October 19, 1937, notes to be dated October 20th 1937 and payable as follows: October 200 1938, $5,000;; 6etober 20, 19392 $5,000; October 20, 1940, $5,000; October 20, 1941, $5,000; October 20, 1942, 04,000.00, the bidders to set their own rate of interest. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel stating that in his opinion the Board would be justified in ' giving preference to the Trustees of Public Trusts if they bid for the small block of bonds in connection with this subject. The Director of Accounts has no opposition to this program. Letter was received from the Town Counsel advising that the case of Lexington vs. Brown for enforcement of the Zoning Law with reference to the garage at Five Forks had been completed. Brown satisfied the Judge that he had hired a place in Cambridge and would discontinue his business in Lexington. Mr. Wrightington's bill for services in the case amounting to $115.55 was received. Mr. Clark moved that the bill be approved. Mr. Potter seconded the motion and it was so voted. Letter was received from the Appropriation Committee requesting thatthey be furnished with a copy of the pro- posed Ryder agreement for a meeting to be held on October 18th. Mr. Clark moved that the Appropriation Committee be furnished with a copy of the agreement. Mr. Potter second- ed the motion and it was so voted. 41 Brown case. Ryder case Letter was received from Elmer A. Lord & Co. advising that fire insurance policy under blanket schedule in the amount of $19,350.00 expired on November 9th. Mr. Clark Insurance ' moved that the policy be renewed for a five year period through the same office. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel to which was attached copy of a letter he wrote the president of Emery the Field and Garden Club about the Emery bequest. Mr. will. Wrightington also enclosed a copy of his letter to Judge Jesse W. Morton on the matter. Application was received from Westview Street requesting that he to keep ten swine on his premises. the request be denied on the basis want to deviate from its policy of to keep swine. Mr. Clark seconded voted. G. A. Hurtado of 55 be granted permission Mr. Potter moved that that the Board did not not granting new permits the motion and it was so Request for permit to keep swine denied. Petition for a joint location of one pole on School Street, from Stimson Av. southerly approximately 65 feet, Pole was received from the New England Tel. & Tel. Co. and the location. Boston Edison Co. Mr. Potter moved that the permit be granted. Mr. Clark seconded the motion and it was so voted. Upon motion of Mr. Ross, seconded by Mr. Potter, it was voted to adopt the following orders for the installation of water mains in Colony Road and Liberty Avenue:- 42 ORDER OF TAKING By the Tom of Lexington of Easement for the Construction of a water main. ' COLONY ROAD (From the present main a distance of approximately 150 feet northerly) . WHEREAS, at a meeting duly called and held on March 15, 1937 and adjourned to March 22, 1937, the town meet- ing 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 approp- riation 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 Colony Road purpose of said installation the sum of $2,000.00 be Water Order appropriated, this money to be provided by the transfer of $1,650.00 from the Water Assessment Fund, and the transfer of $350.00 from the Water Department Available Surplus Account". AND WHEREAS, the right of way and easement herein- ' after described and taken are necessary for the estab- lishment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners. for and in behalf of the said town, by virtue of the authority conferred upon them by the fore- going vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Colony Road from the present main a distance of approximately 150 feet northerly as aforesaid, the following easement, namely: The right to enter upon the land shown as Colony Road on a plan entitled, nP1an of Proposed Water Main in Colony Road, Lexington, Yass., Scale 1 in: - 40 Ft., Oct. 11, 1937, Joseph A. Ross, Supt. Water Dept;", and owned by Lulu M. Blake, and construct therein a line of water main with all nedessary connections, shut -offs and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated Oct. 115 1937, to be recorded herewith. The easemsnt covered by this taking includes the right on the part of the Selectmen of the ' said town or other duly authorized agents of the town to 43 enter upon, dig up, open and use the land embraced within ' the said way as may be reasonably necessary for the pur- pose of initially constructing and thereafter maintain- ing, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in is 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 advan- tages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt., Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each such parcel of land to be as snown in the said schedule. We determine that no damages have been sustained and none are awarded. ' To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this thirteenth day of October, 1937. Charles E. Ferguson SELECTMEN Philip M Clark Archibald R. Giroux of William G. Potter Albert A. Ross LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Oct. 13, 1937 Then personally appeared the above named Charles B. 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. 44 b� SCHEDULE OF ESTIMATED BETTFJOWTS , REFERRED TO IN THE FOREGOING ORDER. COLONY ROAD (From the present main a distance of approximately 150 feet northerly). Owner -as gfJan. lst. 1937 Lot Number Assessment Lulu M. Blake 12, 13, 23 $234.00 ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Bain. LIBERTY AVENUE. (From Hamilton Road a distance of approximately 265 feet westerly). WHEREAS, at a meeting duly called and held on , March 15, 1937 and adjourned to Burch 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: nVoted: 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 doitain any necessary easements therefor, 'and for the purpose of said installation the sum of $2,000.00 be appropriated, this money to be provided by the transfer of $1,650.00 from the Water Assessment Fund, and the transfer of $350.00 from the Water Department Available Surplus Account11. AND WHEREAS, the right of way and easement herein- after described and taken are necessary for the establish- ment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the fore- going vote and of every other power them thereto enabling hereby adopt this order of ' the said public improvement ing and maintaining a water Hamilton Road a distance of as aforesaid, the following taking by eminent domain, for for the purpose of construct - main in Liberty Avenue from approximately 265 feet westerly easement, namely: 45 The right to enter upon the land shown as Liberty Avenue on a plan entitled, "Plan of Proposed Water Main in Liberty Ave., Lexington, Mass., Scale: 1 in. - 40 ft., Oct. 11, 1937, Joseph A. Ross, Supt. Water Dept.". and owned by Ervin R. -Dix et al, Trs. Home Finance Co., and construct therein a line of water main with all necessary connections, shut -offs and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt. Water Department, dated Oct. 113 1937, tc be recorded herewith. The ease- ment covered by this taking includes the right on the Liberty part of the Selectmen of the said town or other duly Avenue authorized agents of the town to enter upon, dig up, open Water Order We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this thirteenth day of October, 1937. Charles E. Ferguson Archibald R. Giroux Philip M. Clark, William G. Potter, Albert A. Ross SELECTMEN OF LEXINGTON and use the land embraced within the said way as may be reasonably necessary for the purpose of initially con- structing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus 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 several lots shown upon the plan of Joseph A. Ross, Supt., Water Department, above referred to, which are designated in the sdhedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each such parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this thirteenth day of October, 1937. Charles E. Ferguson Archibald R. Giroux Philip M. Clark, William G. Potter, Albert A. Ross SELECTMEN OF LEXINGTON M -d Welfare COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. October 13, 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. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER LIBERTY AVENUE (From Hamilton Road a distance of ap roximately 265 feet westerly.. Owner as of January 1st` 1937 Lot No. Assessment. Ervin R. Dix et al. Trs. 135,1369137, Home Finance Co. 147 $243.00 The Welfare Agent discussed welfare matters with the Board. The meeting adjourned at 10:50 P.M. A true record, Attest: f� Clerk. 1 1 n