HomeMy WebLinkAbout1937-10-26n
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SELECTMENtS MEETING
OCTOBER 262 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, Clark and Giroux were
present. The Clerk was also present.
At 7:30 P.M. the Welfare Agent appeared before the
Board to discuss welfare matters.
The Supt. of Public Works appeared before the Board.
He stated that the American Legion Auxiliary, Stanley
Hill Post #38, wanted to use Cary Memorial Hall on
November 4th to hold a public installation. The'Legion
is willing to give up one of its free nights so that the
Auxiliary can use the hall. Mr. Potter moved that the
Auxiliary be granted the use of the hall on November 4th
free of charge. Mr. Clark seconded the motion and it was
so voted.
Mr. Raymond said that on July 6th he brought up the
claim of G. Sanseverino that he had lost his saw while
working on the Mill Brook project. The man claims that
the saw was worth $2.75. Mr. Potter moved that the man
be given another saw and that the cost be charged to the
Public Works, Labor and Materials appropriation. Mr.
Clark seconded the motion, and it was so voted.
Mr. Raymond informed the Board that the Town usually
does have a performance bond on the sidewalk work but he
was unable to find that there was any requirement for it
under the Statute. He believes that the present con-
tractor will give a bond.
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Welfare
Use of Hall
Sanseverino
saw.
Performance
bond.
Mr. Raymond said that about one month ago the Board
voted to carry Leigh Farnham on the payroll until Oct.
16th. He is showing improvement but there is still no sign Farnham
that he is going to get back to work for some time. He pay
was put on the Engineering Dept. part time about one year
ago. Mr. Clark moved that Farnhamts salary be stopped,
and if the family need aid that they apply to the Welfare
Department for it. Mr. Potter seconded the motion, and
it was so voted.
Mr. Raymond asked if the Board wanted to petition
the Department of Public Works and the County for funds
to go ahead with Bedford and Woburn Streets on the basis
that the Town will appropriate $5,000.00 for each and
petition the two for funds for Chapter 90 Maintenance on
the basis that the Town will appropriate $3,000.00. The
Chairman said that that was in accordance with the vote
passed by the Board a short while ago.
Chapter 90
Funds.
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Dir. Raymond informed the Board that Mr. Paxton had
Paxton's
two year's vacation due him, 1936 and 1937. The matter
vacation.
of vacation is not governed by the Statute but is entirely
within the jurisdiction of the Selectmen.
Mr. Raymond said that he had been unable to find
axWbady but the Homelite people that made an outfit such
Night light
as he wanted, but he did find a second=hand outfit on
set.
which he could save $40. or $50. It is a little larger
than the one he expected to buy but will serve the
purpose very well. Mr. Potter moved that Bir. Raymond
be authorized to purchase the second-hand night light
outfit. Mr. Clark seconded the motion and it was so voted.
Mr. Raymond said that the Supt. of the Metropolitan
State Hospital wanted to borrow the town roller and pay
only for fuel and operator's expenses. He wanted it for
ten days or two weeks and the town will be through with
it in another couple of weeks. Dir. Potter thought that
Use of
the hospital should be able to pay a rental charge. Dir.
roller.
Raymond recommended that the hospital be charged on the
same rental basis that the Town is charged. Bir. Potter
moved that the use of the roller be allowed provided the
hospital paid the operator's time and the fuel, also for
any damage which might happen to the machine which might
be attributed to their negligence. Clark seconded
.Mr.
the motion and it was so voted.
'
Mr. Raymond said that he sent the information on the
Anderson Hillside Ave. water main to Mr. Wrightington
and he so informed Mr. Anderson. Mr. Anderson went in
to see Wrightington and then came to see Mr. Raymond.
Before that, he gave Anderson an application for a water
Anderson
extension and asked him to try to get the other abutters
claim.
to sigh. The total betterments amount to $153.00, of
which Anderson's would amount to $51.00. The other
abutters will not sign the agreement and Anderson in-
formed Mr. Raymond that he would agree to pay the whole
betterment of $153.00 over a period of ten years if the
Town would deduct $50.00 from the amount due for water
that has been measured at the pit meter as an adjustment
for damages to Andersonts wall, etc. Anderson says that
he will sign a release.
Mr. Potter moved that the matter be settled in this
manner provided the Town Counsel approves. Mr. Giroux
seconded the motion and it was so voted.
Mr. Raymond informed the Board that the poles on
Poles on Shade Street which were mentioned at last week's meeting
Shade Street. were on the McIntosh land although Mr. Hayden probably does
not know it. There probably was never a permit granted
by the Town for these poles and there was never any '
occasion for a permit. The Chairman suggested that Mr.
Raymond talk with Mr. Hayden on the matter.
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Mr. Raymond said that he had received a request from
the Lafayette Club for the use of Estabrook Hall on Nov-
ember 16th for the purpose of holding a minstrel show for Use of
which the admission charge will be $.35. Last year they Hall.
were charged $5.00. Mr. Potter moved that the use of the
hall be granted for a fee of $5.00. Mr. Clark seconded the
motion and it was so voted.
Mr. Raymond reported that the Eastern States Farmers
Exchange had requested the use of Estabrook Hall on Dec.
9th for an educational meeting. Mr. Clark moved that the n
use of the hall be granted for a fee of $5.00. Mr. Potter
seconded the motion and it was so voted.
Mr. Raymond said that Mr. Garrity wanted to know if
the Board would approve payment of his dues to the National Shade Tie
Shade Tree Convention 3n the amount of $5.00. Mr. Clark Convention
moved that the dues be paid and charged to the Shade Tree
appropriation. Mr. Potter seconded the motion and it was
so voted.
At 8:00 P.M. hearing was declared open on the appli-
cation of George H. Gould for permission to maintain a Gould
two car garage at 17 Cary Avenue. Mr. and Mrs. Gould garage
appeared and presented plan of the proposed garage. No hearing.
persons appeared in opposition. Mr. Clark moved that the
' permit be granted subject to the approval of the Building
Inspector. Mr. Potter seconded the motion and it was so
voted.
The Board of Assessors appeared before the Selectmen.
The Chairman informed the .Assessors that part of the
proposal of the Barnes heirs made to the Selectmen in
offering the property for sale, was that the 1937 taxes Barnes
be abated. The Chairman stated that the Selectmen accepted property.
their proposal and now wanted to know if the Assessors
would abate these taxes. Chairman Steeves said that the
Assessors would take the matter up with Tax Commissioner
Long.
F. J. Spencer, Clerk of the Board of Assessors,
informed the Board that he was going out checking up
property and that last year the Town paid for his gas- Gasoline
oline which amounted to about $17.00. He asked if the for Mr.
Town would assume that expense this year, and said that Spencer's
there were funds available in the appropriation to take car.
care of it. Mr. Giroux moved that the Board approve the
expense. Mr. Potter seconded the motion and it was so
voted.
At 8;10 P.M. hearing was declared open on the
adjourned hearings of the Home Finance Co. for permission
to maintain a one car garage at 38 Liberty Avenue, a one
car garage at 36 Liberty Avenue and a one car garage at
32 Liberty Avenue. No one appeared in favor of the
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granting of the applications. The Building Inspector
and about forty residents in that neighborhood
appeared. Mr. Giroux moved that no action be taken
'
on the applications inasmuch as no one appeared to
represent the company. Mr. Clark seconded the motion
and it was so voted.
Mr. George Morey was the spokesman for the group.
He said that the people present lived on Ledgelawn
Avenue, Hillside Terrace, North Hancock Street and the
north end. of Hancock Street. The people felt that harm
was being done to them by the activities of the Home
Finance Co and had come to ask whatever relief the Board
could give them. The Chairman said that garage hearings
were held before the Selectmen for permission to maintain
the garages and that the Board had nothing to do with
granting permits to build them. Mr. Morey said that the
group represented here had assessed valuations contingent
on the property of the Home Finance Co. in the amount of
something over a quarter of a million dollars. The
company owns what is known as Irvington Park, which
property is assessed for $5600.00 more or less. This
company has started a development and says that it will
build thirty houses, which have been described in the
morning "Herald', to sell at $4850.00. Mr. Morey said
that most of the people represented were restricted to
building a house costing not less than $5,000.00 above
the cellar and the lot. According to Mr. Carriggn of the
Home Finance Co., these homes would be worth $4000.00,
Home Finance
the $850.00 being profit. If this development is
Comparq
allowed to continue, the people feel that they will be
property,
damaged irrevocably, feeling that it would bring to the
neighborhood an undesirable group. Besides that, schools
would be crowded, etc. Mr. Morey said that he had
contacted the Arlington Five Cents Savings Bank, the
Lexington Trust Co. and the Lexington Co-operative Bank,
find they wished that something could be done to stop the
project. The Savings Bank expressed the wish that some-
thing could be done, but did not know what they could do
to stop it.
Mr. Morey asked Roscoe C. Hill to read a paragraph
from the deed which -was passed to him in regard to the
type of community he expected to be in. Mr. Hill said
that the strip of land included a lot in Irvington Park
directly in the rear of property at 87 No. Hancock Street.
In line with these three houses a distance of 25 feet
back, he has exactly the same restrictions and that is
perfectly all right. This Finance Co. deeded to him the
restriction that he could not build a house for less than
$5,000. yet they can come in and erect a house which he
understands costs approximately $3,000.00. Mr.'Hill
read the following paragraph from his deed which i -s
dated June 14, 1932: "This conveyance is made subject
,
to the following conditions: no building other than a
dwelling costing not less than $5,000., a private
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garage for not more than two cars and the customary out-
buildings shall be erected or placed on said lot; no
' part of any such building shall be placed or erected less
than twenty-five feet from the street on which the lot
stands. These restrictions shall expire January lst, 1943".
Mr. Giroux said that he would like to speak of the
comparison in valuation of the two parcels referred to by
Mr. Aorey. He asked if the Board was to understand that
because of the erection of these buildings, this group
would ask for an abatement of their taxes. Mr. Morey
said that there probably would be some requests for
abatements from those in the immediate vicinity of the
houses. Mr. Giroux asked if the people, as a group, did
not have some legal redress. Mr. Morey said that he
believed they had. He had tried to contact Judge Northrup,
as at a meeting held Sunday night, it was the feeling of
the group that it would ask Judge Northrup for legal
protection. Mr. Morey said that they were also asking
for legal protection from the Board.
Mr. C. E. Nichols, Jr. of 94 Hancock Street, stated
that the same claslse that appeared in Mr.. Hillis deed was
in his. His deed was dated December 8, 1925 and expired
January 1, 1943. Mr. Nichols said that he talked with
Perley Tebbetts, who built a great many of the houses
there, and he said that those were the restrictions running
through the entire development. Mr. Nichols said he pur-
chased from the Home Finance Co. which is made up of Messrs.
Hamilton and Dix. Messrs. Deering and Williams of Ledgelawn
Avenue said that they had the same restrictions.
The Chairman asked Mr. Morey if he knew that there
were any registered restrictions on the property. Mr.
Morey said that he had not had a chance to look into that.
Mr. Carrigan said that he did not give a darn about the
betterments and the Chairman said that they would probably
pass the betterments along to the people who bought the
houses,
Mr. Frank Cutter said that he bought his lots before
the restrictions were made.
Mr. Morey asked the Building Inspector if the company
was complying with the Building Laws, and Mr. Longbottom
said that they were complying in every way. Mr. Morey
asked the Building Inspector if he had to tell the company
to put more chimneys on, and he replied in the negative.
Mr. Nichols asked Mr. Longbottom if in issuing a permit,
he knew whether or not there were any private restrictions
on land. Mr. Longbottom replied that that was no concern
of the Building Inspectorbut was up to the abutters and
if they wanted to fight the matter, they would have to
take it to Court.
Mr. Giroux said that last March the Board recommended
that the Town accept the Act to combine the Planning Board
and the Board of Survey and if this were done, it would
give the combined Board very broad powers.
The Town Counsel appeared and the Chairman told him
the story. He said that the Town had no business enforcing
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for private owners their civil rights. If an area is
laid out with restrictions for the benefit of land '
owners, they have certain rights which they can enforce
in Court. All the town is interested in is the Town
zoning restrictions. Mr. Wrightington said he thought
it would be worth while for the people to investigate
the matter, find out in the registry what their rights
were, and engage counsel. oto other persons wished to
ask questions. The Chairman stated that all the Board
could dry would be to have the company comply with all
town ordinances. The group retired at 8:45.
Mr. R. L. Ryder and the Town Counsel appeared before
the Board relative to the proposed agreement in the
various drainage cases.
Mr. Ryder said he had looked over the agreement and
found that there were one or two things he did not want
there but he was willing to sign it with one change and
a couple of reservations which would be made outside of
the agreement. One was in paragraph seven in which he
would like to have the words "subject to this agreement"
omitted. Mr. Ryder said that he had not wanted to go
to the expense of taking this matter to the Land Court
and therefor had the amount of settlement determined.
It was his understanding and always had been that the
matter *as going to stand in status quo until the agree-
ment had been signed and it had been determined whether ,
or not the town was going to approve the project. None
of the delays have been his fault, he said. Mr. Raymond
informed him that it would take eight or ten weeks to,
get the engineering data together and it has been in
progress a month. He thought by the middle of 'January
it ought to be possible to have a meeting. The agreement
is ready to be signed and it states that the moneys are
to be turned over to the Town Treasurer and that any
additional moneys due are.to be paid at the same time.
Ryder He did not hear of any change in the payments to be
agreement. made the Land Court until a week or ten days ago. The
things he questioned in the agreement were these: the
width of the easement from Vine Brook Road on and the
fact that he did not want to ask the mortgagees for
releases. Those were.the only two things he really
objected to in the agreement. He said that the town was
taking three lots of land which would cost at least
$3000. and were narrowing down two other lots which he
doubted would be of any use. One other thing was the
plan referred to made by John T. Cosgrove showing the
fifty foot way which was supposed to be laid out through
the park land under the Scott deed. It is cut down from
55 feet to 50 feet at one point. Mr. Wrightington stated
that the Scott deed said the 55 feet was confined to the
space between Waltham Street and the ditch which is the '
boundary of the Mulliken land. Mr. Ryder said that that
did not bother him as he was perfectly willing to cut
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Letter was received from William C. Paxton, Jr. SuptTs.
in which he asked the Board to.accept his resignation as Resignation
Supt. of the Highway Department, said resignation to be Highway
effective on November 13, 1937. Mr. Clark moved that Department.
Mr. Paxton be invited to appear before the Board next
Tuesday evening to discuss the matter. Mr. Potter seconded
the motion and it was so voted.
Letter was received from the Supt. of Public Works
advising that the estimated cost of providing reinforce-
ment over the existing trunk line sewer constructed
last year through property of the golonial Garage, Inc.
so that it would be possible to permit the construction
of the building over the line of the sewer was $1900.00.
The estimate of the cost of reconstructing the sewer in
the location of the sewer which was abandoned last year
is $3400.00. Mr. Raymond said that in the event the
proposed Vine Brook conduit was installed with the low
level sewer suggested by Metcalf & Eddy, both of the
existing sewers in the property of the Colonial Garage
Inc, could be abandoned.
Letter was received from the Town Counsel relative
' to the same matter. In the absence of Statutory authority
to force an owner to take back a sewer easement which has
been taken from him, he did not believe the Town could
Trunk Line
Sewer -
Colonial
Garage.
it down. Wrightington said that the reason they cut
'
it down was that the Town has a road there now and it
did not seem logical to take 55 feet. Mr. Ryder said
that he was willing to agree to the 50 feet but when the
layout got to the Aldrich property there was a strip of
250 or 300 feet which they left in the final layout be-
tween the road and the Aldrich line and he thought it
should coincide with the Aldrich line: He suggested
this or that the narrow strip be given to the Ryders and
that they deed,to the town the other strip that is in
the road. Mr. Ryder said that he wanted to file motions
to correct the record on the numbers of the cases and
wants the town to assent to this. This is in case they
have to take the matter to the Supreme Court. Mr.
Wrightington said he thought that was entirely proper.
Mr. Ryder said that with that change and the other
reservations, he was willing to execute the agreement
tonight and have his brother sign it tomorrow. He re-
tired.
Cdr. Giroux moved that the Board rescind its prelious
vote to have the Town Counsel proceed to enforce the
Court order relative to payment of the Ryder tax titles.
Mr. Potter seconded the motion and it was so voted. Mr.
Giroux moved that the Town Counsel be instructed to assent
to a reasonable postponement of payments ordered previougly
by the Land Court. Mr. Potter seconded the motion and It
was so voted.
'
The Board then signed the agreement.
Letter was received from William C. Paxton, Jr. SuptTs.
in which he asked the Board to.accept his resignation as Resignation
Supt. of the Highway Department, said resignation to be Highway
effective on November 13, 1937. Mr. Clark moved that Department.
Mr. Paxton be invited to appear before the Board next
Tuesday evening to discuss the matter. Mr. Potter seconded
the motion and it was so voted.
Letter was received from the Supt. of Public Works
advising that the estimated cost of providing reinforce-
ment over the existing trunk line sewer constructed
last year through property of the golonial Garage, Inc.
so that it would be possible to permit the construction
of the building over the line of the sewer was $1900.00.
The estimate of the cost of reconstructing the sewer in
the location of the sewer which was abandoned last year
is $3400.00. Mr. Raymond said that in the event the
proposed Vine Brook conduit was installed with the low
level sewer suggested by Metcalf & Eddy, both of the
existing sewers in the property of the Colonial Garage
Inc, could be abandoned.
Letter was received from the Town Counsel relative
' to the same matter. In the absence of Statutory authority
to force an owner to take back a sewer easement which has
been taken from him, he did not believe the Town could
Trunk Line
Sewer -
Colonial
Garage.
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compel Mr. Viand to accept either of the two alternatives
which Mr. Raymond proposed. He suggested that the
Selectmen make a proposition to the Vianos inviting them
'
to accept the proposed new construction and release all
claim of damages against the town. If this was rejected,
he thought it would be worth while to find out what
additional cash consideration would be sufficient to
induce the corporation to accept the proposed change.
Then if later the damages proved unpleasantly large,
the Selectmen would at least have a record of making an
effort at the sensible solution.
Mr. Clark moved that the Board make an offer to the
Vianos that the town reinforce the present sewer with
concrete and agree that it would not attempt.to dig
it up under the proposed building, plus $500. or an
alternative offer to pay the Vianos the equivalent of
what it would cost to do this work plus $500.00. Mr.
Giroux seconded the motion and it was so voted.
Mr. Wrightington said that he would make this offer
to the Vianos.
Letter was received from the Town Counsel to which
Meady bill. was attached his bill for services in the Meady case
amounting to $>470.70. Mr. Giroux moved that the bill
be approved. Mr. Potter seconded the motion and it
was so voted.
Letter was received from the Town Counsel informing ,
Scott case that the prosecution of Scott, the owner of the Central
bill. Block, had been disposed of and that Mr. Scott pleaded
guilty and was placed on probation. Mr. Wrightington
enclosed his bill in the amount of $50.00. Mr. Giroux
moved.that the bill be approved. Mr. Potter seconded
the motion and it was so voted.
Letter was received from the Town Counsel advising
that the registering of the Old Adams School lot site
Old Adams was drawn to a close. He enclosed a bill in the amount
School si-te - of $125. for the examiner who was appointed by the Land
title. Court to examine the title. He also requested that a
check for $5.00 be mailed to him to be used when the
decree was sent to the Registry for recording. Mr.
Potter moved that the bills be approved and charged to
the Law Department. Mr. Giroux seconded the motion,
and it was so voted.
Letter was received from the Health Inspector ad-
vising that a short while ago he made an inspection at
Sewage at the 1775 House and found that the sewage was running into
1775 House. the brook. The odor was very bad. He talked to the
manager about it who said that he would have the man
switch over to filter bed #2. Mr. Stevenson said that
on Oct. 25th, he made an inspection.and found conditions
very much improved. There was no sign of any sewage and
the water was clear.
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Letter was received from the Health Inspector advising
' that one Frank Gricus was keeping pigs on the property
formerly owned by A. Young on Laconia Street. At present
there are fifteen sows :and twenty-eight small pigs. He Gricus
keeps them out in a field fenced in. -'here are no build- pigs.
ings for them to use for shelter from cold weather. Cdr.
Stevenson said he would not recommend granting a permit
to an outsider. The Clerk was instructed to write Gricus
and tell him that he had no right to keep pigs in Lexington.
�I
Letter was received from Ivan G. Pyle, M.D. relative
to Forrest Knapp's condition. Dr. Pyle said that Knapp
had infectious arthritis in his right foot. The onset
was October 1, 1937 or thereabouts. The condition is
not related to the previous injury of July 11, 1937. His
wkight bearing is at present limited and Dr. Pyle said
that partial disability would continue at least two more
weeks.
Mr. Giroux moved that in view of the report from
Dr. Pyle that no action be taken by the Selectmen. on
Chief Sullivan's letter of October 4th in which he
informed the Board that he had suspended Patrolman Knapp
for violation of Rule 7(c) of the Police Department Rules
and Regulations. Mr. Potter seconded the motion, and it
was so voted.
Letter was received from Robert H. Holt asking that
the following dates be reserved for the Cary Lectures:
October 28; november 1; December 9 (afternoon and evening);
January 11, 1938; February 23; March 18. Mr. Clark moved
that the use of the hall be granted on these evenings for
the lectures. Mr. Potter seconded the motion and it was
so voted.
Knapp case
Cary
Lectures.
Request was received for a certificate of character Cert. of
of Laurence H. Burnham of 44 Somerset Road, one of the character
Incorporators of America"for Americans, Inc. The Board
signed the certificate of character.
Letter was received from the United Endowment
Foundation, Inc., asking if the Board would suggest a Manager.
person in Lexington fitted to represent that corporation
as a resident manager. It was suggested that Fletcher
Taft's name be forwarded.
Application was received from the Minute -Man Kitchen,
1835 Mass. Avenue for permission to open on Sundays from
8:00 A.M. to 11:30 A.M. and from 4:00 to 6:30 P.M. The
Chairman suggested that no action be taken because it is
not within the jurisdiction of the Board to grant such a
license.
The Chairman said that the Town Counsel wanted to
know if the Board wanted to have the present policy on the
Request for
License
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Barnes property continued and transferred to the Town
Barnes or have Judge Northrup cancel it and put it on the Town
property, schedule. Mr. Clark moved that Judge Northrup cancel
the present policy and that it be transferred to the Town
schedule when the transaction went through. Mr. Potter
seconded the motion and it was so voted.
The Board discussed the letter from the Appropriation
Committee held over from last week requesting additional
information because of the Board's request that that
Insurance. committee transfer $201.36 from the Reserve Fund to the
Insurance account in order to pay additional premium on
fire insurance. Inasmuch as several questions were raised,
Mr. Potter moved that the Board suggest to the Appropria-
tion Committee that it invite Mr. Will C. Hill to attend
one of its meetings to give them full information. Bir.
Clark seconded the motion and it was so voted.
The Board discussed the letter from Mr. Biggers
Census of relative to the National Census of Unemployment. Mr.
unemployment. Giroux moved that Mr. Mitchell act as Chairman of the
local board. Mr. Potter seconded the motion and it was
so voted.
The Board considered the study of the tax title prop-
erty acquired by the Town which the Town Engineer made.
Tax Title The Chairman said that the Board had asked Mr. Cosgrove ,
property. for this information inasmuch as it thought it would be
a good idea to advertise the property but wanted to
hold whatever would be of value to the town. It was
decided to request Mr. Cosgrove to get from the Assessors
the valuation of the properties.
li Snow loader. Mr. Raymond's letter relative to the snow loader
was held over.
The Board signed an order for the construction of
.a sewer in Follen Road, as follows:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington.
WHEREAS., the Town of Lexington at a Town Meeting
duly called and held on March 15th, 1937 and adjourned to
March 22nd, 1937, duly adopted under Article 17 of the
Warrant the following vote:
Follen Road
Sewer Odder. "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 sum of $1700.00
be appropriated and transferred from the Sewer Assessment
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Fund", and at a meeting of the Board of Selectmen held
on October 26th, 1937, it was voted to authorize the
extension of the sewer in Follen Road, from Smith
Avenue to a point southwesterly and distant about
460 feet, under the provisions of General Laws, Chapter
80,
Voted: By the Selectmen, acting as a Hoard of
Water and Sewer Commissioners under the authority con-
ferred by Statute 1897, Chapter 504 and Acts in amendment
thereof and in addition thereto, and of votes of the Town
of Lexington pursuant thereto, that a sewer be constructed
in Follen Road, from Smith Avenue to a point southwesterly
and distant about 460 feet, substantially ,ih accordance
with plan made by John T. Cosgrove, Town Engineer, dated
Oct. 26, 1937 and entitled, "Plan of Proposed Sewer in
Follen Road, Lexington, mass., Scale 1 in. - 40 ft.,
Oct. 26 1937, John T. Cosgrove, Town Engineer".
Betterments will be assessed for this improvement
in accordance with the provisions of Chapter 221 of the
Acts of 1926.
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:
That portion of those properties on each side of
Follen Road from Smith Avenue to a point southwesterly
and distant about 460 feet.
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 estimate the bettermert s that will be assessed
upon each parcel of land to be as shown in the schedule
which is hereto annexed and made a part hereof.
Witness our hands at Lexington aforesaid this
twenty-sixth day of October, 1937.
Charles E. Ferguson MAJORITY OF
William G. Potter SELECTMEN
Archibald R. Giroux OF
Philip M. Clark LEXINGTON
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass.
October 26, 1937.
Then personally appeared the above named Charles E.
Ferguson., William G. Potter, Archibald R. Giroux and
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Philip M. Clark and severally acknowledgedthe fo re -
going 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
V (Mar . ill 1938)
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
FOLLEN ROAD
(From Smith Avenue to a point southwesterly
and distant about 460 feet).
Owner as of January lst. 1937 Assessment.
Ernest & Virginia K. Cutter $180.00
Ernest Cutter 260.00
James G. Prout 180:00
Warren G. & Rena U. Lawson 440.00
.Mary T. Muldoon & Agnes C. Schlichte 300.00
Lillian M. Wilkins 250.00
Katherine E. Allcock 400.00
Commitment of Water Liens in the amount of $566.39
Commitments. was signed by the Board, also cominatment of water
services in the amount of $29.22 and commitment of
sewer services in the amount of $153.67.
Water Assessment Abatement in the amount of $78.75
Abatement. was signed by the Board.
Mr. Giroux moved that Officer Knapp be paid his
Knapp regular salary from the date his salary was stopped
salary.. until' -further notice. Mr. Potter seconded the motion
and it was so voted.
The meeting adjourned at 10:25 P. M.
A true record, Attest:
Clerk:—•
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