HomeMy WebLinkAbout1938-04-05Juror
SEL CTMEN' S MEETING
APRIL 5, 1938.
A regular meeting of the Board of Selectmen was hild
In the Selectmen's Room, ,Town Office Building, at 7:30 P.M.
Chairman Giroux, Messrs. Potter, Clark, Ross and Rowse were
present. The Clerk was also present.
At 7:30 P.M., Mr. James J. Carroll, Town Clerk, appeared
before the Board for the drawing of a juror to serve at the
Criminal Session at Cambridge on May 2nd. Samuel Borella,
barber, of 22 Garfield Street, was the juror drawn.
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Mr. Raymond appeared before the Board. He stated that
a fire insurance policy under blanket schedule in the amount
Insurance
of $1300.00 expired through the office of George H. Gibson
on April 25th. Mr. Rowse moved that the policy be renewed
through the office of Louis J. Reynolds. Mr. Potter seconded
the motion and it was so voted.
Mr. Raymond reported that he wrote the Town Counsel
about the tree on the Leary property on Fletcher Avenue and
sent him a copy of Mr. Garrity's letter concerning it. He
Removal of
asked Wrightington to advise,him of the procedure to be
tree.
taken in order to have the tree removed. He said he was
not clear as to whether or not the Statute applied to the
situation but thought that the Selectmen could make a
finding that a tree whose branches overhung the way was
dangerous. Mr. Potter moved that Mr. Raymond be instructed
to remove the tree. Mr. Rowse seconded the motion and it
was so voted.
Mr. Raymond reported that one of the W.P.A. engineers
Winning
had requested a letter relative to the maintenance of the
Farm
Winning Farm mosquito ditch. Mr. Raymond had an agreement
Project.
signed by the Winning Home to the effect that it would main-
tain the ditch. Mr. Potter moved that the W.P.A. be in-
formed that the Town would guarantee the maintenance of the
mosquito ditch. Mr. Rowse seconded the motion and it was
so voted.
Mr. Raymond said that last week the Board voted to
settle the claim of Walter H. Lennon in connection with the
damage to an electrical fixture. He wrote the Town Counsel
and asked for approval of the settlement. He received a reply
stating that this was a very small claim and it obviously
Lennon
would be cheaper to settle it, but he felt that the Select -
Claim.
men should establish a precedent with relation to these
small claims. Mr. Raymond talked to Mr. Wrightington and
told him that he had failed to approve the settlement of this
claim and Mr. Wrightington said he would approve it if the
Selectmen so wished. Mr. Potter moved that the claim be
paid. Mr. Ross seconded the motion and it was so voted.
Barnes,
The Board discussed the matter of continuing to allow
property
the O'Keefe's to rent the Barnes roperty. Cdr. Potter
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moved that the family be allowed remain there until
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Letter was received from the Board of Retirement ad-
vising that John J. Collins would be retired as of July 1
rather than as of April 1st.
Collins
Retirement
The Chairman said that he had received several com-
plaints from neighbors in the vicinity of the Town Office
Building requesting that the fire whistle be stopped after
6:,00 F.M. inasmuch as it interferes with getting their Fire
children to sleep. Mr. Clark moved that the Board of Fire whistle.
Engineers be written on the matter and their recommendation
•requested. Mr. Ross seconded the motion and it was so voted.
Mr. Clark also suggested that the Fire Engineers be
requested to blow the siren as little as possible after
6:00 P. M.
Letter was received from the Town Counsel stating that
the Trustees of Public Trusts had forwarded to him a pro- Simonds
' batb notice because of a provision in an indenture of trust Trust
for Caroline A. Simonds and others, to pay $300. to the
Trustees of Munroe Cemetery for the perpetual care and
upkeep of the Simonds lot. The coneratrix of Caroline
285
Messrs. Aquaro, Vitale and Benjamin Santosuosso appeared
before the Board with a petition for the extension of the
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sewer in Bow Street, Rawson, Rindge and Albemarle Avenues,
signed by 95% of the abutters. Mr. Aquaro said that they
had presented a similar petition before but nothing had been
done. Vitale said that the matter had been discussed with
Mr. Raymond. Mr. Ross said that nothing could be done at
the present time because there was so much money involved
and he thought it would be necessary to insert an article
in the Warrant. Mr. Vitale said that there was no drainage
there and that the condition was creating a health menace.
Mr'. Ross said that this should be the start of the North
Lexington sewer. if the sewer was extended down Bow Street,
it would involve a cost of about $22,000.00. The Chairman
said that there probably would not be a meeting after the
April 25th meeting until late in the Fall as there would be
no money available for transfer. Aquaro said that he had
one cesspool and two overflows and Santosuosso said that he
Bow St.
had four cesspools and they were still overflowing.
Sewer
Mr. Ross suggested that Mr. Stevenson make an invest-
igation
from the health angle and that he make a written
report
to the Board on the matter.
The Chairman asked how many houses were affected by
the condition in this area, and they said that 22 individual
owners had signed the petition. The Chairman said that the
Board would get a report on the matter and see what could
be done.
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It was decided to get the construction costs from Mr.
Raymond and discuss the matter next week.
The bond of the Clerk of the Board in the amount of
$1,000.00 and of Constable Patridk J. Maguire in the same
Bonds
amount were approved.
Letter was received from the Board of Retirement ad-
vising that John J. Collins would be retired as of July 1
rather than as of April 1st.
Collins
Retirement
The Chairman said that he had received several com-
plaints from neighbors in the vicinity of the Town Office
Building requesting that the fire whistle be stopped after
6:,00 F.M. inasmuch as it interferes with getting their Fire
children to sleep. Mr. Clark moved that the Board of Fire whistle.
Engineers be written on the matter and their recommendation
•requested. Mr. Ross seconded the motion and it was so voted.
Mr. Clark also suggested that the Fire Engineers be
requested to blow the siren as little as possible after
6:00 P. M.
Letter was received from the Town Counsel stating that
the Trustees of Public Trusts had forwarded to him a pro- Simonds
' batb notice because of a provision in an indenture of trust Trust
for Caroline A. Simonds and others, to pay $300. to the
Trustees of Munroe Cemetery for the perpetual care and
upkeep of the Simonds lot. The coneratrix of Caroline
Simonds has requested that the trust instrument be set
aside. Mr. Wrightington asked if the Board wished to have
him sustain the trust. Mr. Ross moved that he be requested
to appear and sustain the trust. Mr. Clark seconded the
motion and it was so voted.
Slaughter The Board signed a statement regarding the appointment
Inspector of Matthew Stevenson as Slaughter Inspector.
Upon motion of Mr.
was voted to appoint the
Police Officers for one
Arthur J. Rocque
Edward J. Hogan
George A. Knight
Frank Peters
Chester Neal
John J. Collins
Alex Ohlson
John J. Garrity
John Campbell
Charles A. Manley
Jacob Haid
Charles M. Blake
John Fopiano
Leonard Jellis
Edward W. Taylor
Charles E.Moloy
Edward L. Meany
Roland E. Garman
Special Charles Brenton
Police John A. Murray
Ralph I. Dale
Arthur N. Maddison
William G. Potter
Archibald R. Giroux
Philip M. Clark
Albert A. Ross
Ralph H. Marshall
Robert T. Person
John H. Raymond, Jr.
A. Edward Rowse, Jr.
Michael E.MoDonnell
Charles A. Tracey
Arthur N. Lee
Ross, seconded by Mr. Clark, it
following persons as Special
year beginning April 1, 1938:
41 Grant Street
Cambridge Water Basin, Lincoln
Middlesex Co. Sanatorium
rr n n
n n n
Woburn Street
88 Bedford Street
9 Hw cock Street
E.E.I.Co.,39 Boylston St,
Boston
67 Woburn Street
Pleasgnt St. & Concord Ave.
59 York Street
61 Muzzey Street
Ward Street
49 No. Han cock Street
Webb Street
Met.State Hostp.1m Lexington
Stone Building
13 F7e tcher Ave.
Town Office Building
58 Hancock St.
15 Winthrop Rd,
Walnut Street
6 Strat ham Rd.
41 Hancock St,
200 Waltham Street
1844 Mass. Avenue
Old Belfry Club
Slapt. of Public Works.
38 Somerset Rd.
Cary Library
Post Office
Parker School
Upon motion of Mr. Ross, seconded by Mr. Clark, it was
voted to make the following appointments for the ensuing year:
Dental Clinic: Mrs. Frederick B. J*mes
Mrs. Frank Hudson
Mr. Thomas S. Grindle
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Posture Clinic:
Burial Agents:
Mrs. Edith M. Kelley
Mrs. Steele Lindsay
Mrs. Robert H. Moore
Miss Margaret Kettell
Miss Margaret Noyes
Ralph H. Marshall
James F. McCarthy
Upon motion of Mr. Ross, seconded by Mr. Clark.. it
was voted to grant the following licenses:
287
Appointments
Morris Motors - 404 Waltham St. - 2nd Class Agents License
Town Paint & Supply Co. - 1749 Mass. Ave. - Methyl Alcohol Licenses
Arthur H. McLearn - 1387 Mass. Ave. -
Auctioneer
Louis J. Reynolds - 1736 Mass. Ave.
Leslie J. Wood - 62 Webb Street
Frederic B. Hubley - 5 Washington St.
-
Boston Edison Co. - 1727 Mass. Ave. -
Overhanging Sign
Theatre Pharmacy, Inc. - 1792 Mass. Ave.
- It "
Louis J. Reynolds - 1736 Mass. Ave.
F. K. Johnson - 39-41 Bedford Street
Edgar J. Thivierge - 1752 Mass. Ave.
Edith H. VanAmringe, Inc. - 1711 Mass.
Ave.-
Paul F. Mooney - 1837 Mass. Ave.
Calvin W. Childs - 409 Mass. Ave.
Water Liens in the amount of $68.90 were signed by the
Board. Commitments
Commitment of Water Rates in the amount of $5653.88 and
commitment of Water Miscellaneous Charges in the amount of
$1685 were signed by the Board.
The meeting adjourned at 10:30 P.M.
A true record, Attest
Clerk.
SELECTMEN'S MEETING
APRIL 50 1938.
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A regular meeting of the Board of Selectmen was h&ld
in the Selectmen's Room, Town Office Building, at 7:30 P.M.
Chairman Giroux, Messrs. Potter, Clark, Ross and Rowse were
present. The Clerk was also present.
At 7;30 P.M., Mr. James J. Carroll, Town Clerk, appeared
Juror
before the Board for the drawing of a juror to serve at the
Criminal Session at Cambridge on May 2nd. Samuel Borella,
barber, of 22 Garfield Street, was the juror drawn.
Mr. Raymond appeared before the Board. He stated that
a fire insurance policy under blanket schedule in the amount
Insurance
of $1300.00 expired through the office of George H. Gibson
on April 25th, Mr. Rowse moved that the policy be renewed
through the office of Louis J. Reynolds. Mr. Potter seconded
the motion and it was so voted.
Mr. Raymond reported that he wrote the Town Counsel
about the tree on the Leary property on Fletcher Avenue and
sent him a copy of Mr. Garrity's letter concerning it. He
Removal of
asked Wrightington to advise him of the procedure to be
tree.
taken in order to have the tree removed. He said he was
not clear as to whether or not the Statute applied to the
situation but thought that the Selectmen could make a
finding that a tree whose branches overhung the way was
dangerous. Mr. Potter moved that Mr. Raymond be instructed
to remove the tree. Mr. Rowse seconded the motion and it
was so voted.
Mr. Raymond reported that one of the W.P.A. engineers
Winning
had requested a letter relative to the maintenance of the
Farm
Winning Farm mosquito ditch. Mr. Raymond had an agreement
Project.
signed by the Winning Home to the effect that it would main-
tain the ditch. Mr. Potter moved that the W.P.A. be in-
formed that the Town would guarantee the maintenance of the
mosquito ditch. Mr. Rowse seconded the motion and it was
so voted.
Mr. Raymond said that last week the Board voted to
settle the claim of Walter H. Lennon in connection with the
damage to an electrical fixture. He wrote the Town Counsel
and asked for approval of the settlement. He received a reply
stating that this was a very small claim and it obviously
Lennon
would be cheaper to settle it, but he felt that the Select -
Claim.
men should establish a precedent with relation to these
small claims. Mr. Raymond talked to Mr. Wrightington and
told him that he had failed to approve the settlement of this
claim and Mr. Wrightington said he would approve it if the
Selectmen so wished. Mr. Potter moved that the claim be
paid. Mr. Ross seconded the motion and it was so voted.
Barnes
The Board discussed the matter of continuing; to allow
property
the O'Keefe's to rent the Barnes property. Mr. Potter
moved that the family be allowed to remain there until
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June 1st provided they paid the water rates. Mr. Rowse
seconded the motion and it was so voted.
Mr. Raymond asked if the Board wanted to start things
going so that the money for the construction of Taft Avenue, Loan for
Cary and Cherry Streets could be raised. Mr. Ross moved Taft.Ave.,
that the Town Treasurer be authorized to take bids on a etc.
loan of $9900.00, the notes to be for a five year period
and dated April 1, 1938, the bids to be received at 7:30
P.M. on Tuesday, April 12 th. Mr. Rowse seconded the motion
and it was so voted.
Mr. Raymond reported that he had received the follow-
ing bids for steam shovel hire for the ensuing year:
Thomas Quinlan - $6.00 per hour Steam
Peter Salvucci - 6.00 " " shovel
R. H. Stevens - 5.00 " " bids
Mr. Potter moved that the bid be awarded to -the low
bidder, R. H. Stevens. Mr. Ross seconded the motion and
it was so voted.
Mr. Raymond reported that he had received bids for
road gravel for the ensuing year as follows:
Spread -SbremisiSa dVia shed Washed Washed CnzshedRmgh
ing find coarse 2 in. #1 #2 Bank Bank
Charge sand sand Pea- stone stone Gravel Gavel
stone'
Acme Sand &
Gravel Co. .90 .90
Boston Sand &
Gravel Co. (2% dis) 1.25 1.25
Clematis Brook
Sand & Gravel Co. .30 1.00 1.00
Greenough Bros. .70
J. H. McNamara
R. H. Stevens
,30 1.10 1.10
.20 .85 .85
1.33 1.17
1.65
1.30 1.20
1.30 1.25
1.20 1.10
1.17
.57
1.65
1.20
1.00
.60
.85
.50
1.25
1.20
.65
1.10
.90
.40
Mr. Raymond said that the Lexington Sand and Gravel Co.
was requested to bid but failed to do so. The bidders were
requested to include a spreading charge. Mr. Raymond
recommended that the Board award the bid to R. H. Stevens,
he being the low bidder. Mr. Ross moved that the bid be
awarded to R. H. Stevens. Mr. Potter seconded the motion
and it was so voted.
Mr. Clark asked if the Town used over again the sand
used on icy streets in the winter and if not, if it was
possible to use it again. Mr. Raymond said that it was not
used over again except for filling and he did not think it
could be used over again. He thought it would give a muddy
surface rather than a gritty one. Mr. Clark asked if it
would be worth trying and Mr. Raymond said that if it had
not been tried, it could be. Mr. Ross said that it would
not be practicable. Mr. Raymond said that he would look.
into the matter.
Bids f or
road
gravel.
Use of
sand over
again
290
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Mr. Raymond said that in regard to the complaint of
flooding made by St.George of Reed Street, he supposed the
Town might have done something which might have accentuated
the flooding. He thought that probably the flooding was
worse than it was before the street was constructed. The
Chairman asked if Mr. Raymond thought the Town should do
anything to rectify it. He said he did not really know.
The shoulder of the street was raised some inches, maybe six
or eight, for a distance of fifty or sixty feet, near the
old culvert that went across the street. In place of the
old culvert,'the Town put in an 18 inch pipe. He did not
St.George
know what the dimensions of the old culvert were. He said
flooding -
the water probably came out onto the street before the Town
Reed St.
did the work so that it did not rise up as far on St.George's
lawn and get as near the house as it does now. There is a
drain from his cellar - three inch pipe, he thought - that
went across Reed Street and had its outlet into a ditch
within the limits of Reed Street. That ditch was filled in
after the Town had laid the 24 inch pipe in it and the eleva-
tion at the top of the pipe was about the elevation of the
original ditch. At the point where the three inch drain
came from St.George's cellar, they left a part of the piece
of pipe open and placed some washed gravel around it'so that
the pipe did not have a free vent into the drain but there
was an opportunity for water to get away and that is the
manner in which it is getting away now. Mr. Raymond thought
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that the way to eliminate the trouble was to block up the
pipe and put an electric pump in the cellar. Some peo2)le in
town have electric pumps for pumping out seepage water.
Mr. Raymond said that St.George did have some trouble before
1937. The man told him that in 1937 he had had trouble
but not until someone across the street had done something
in the way of pipes from their land into the ditch. The
water meter reader cannot recall that there was water.there
before 1937. He was not sure that conditions in the way of
rainfall and run-off and the combination of snow on the ground
had been more frequent in the winter of 1937-1938 than they
were in 1935-1936. Last week Mrs. St.George stated that they
did not have any water before the big flood of 1935, but she
probably meant 1936. Mr. Raymond said that if the electric
pump was not put in, the only thing to do was to excavate
around the house on at least three sides and put in a play
cut-off wall, fill in the corner of his lot and put in a
larger pipe across the street and make some additional
modifihations in the drainage system.
Mr. Ross suggested that St.George stop emptying his
set -tub water into the cesspool and that rods be ruse into
the pipe. He suggested that this be done if it did not
entail any expense. He thought that this would satisfy
St.George.
Mr. Raymond asked if the Town had the authority to go
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into that cellar and do the work. Mr. Clark suggested
that the matter be referred to the Town Counsel and said
291
that he would approve rodding out the pipe if Mr. Wright-
ington approved it. Mr. Ross moved that Mr. Raymond be
' authorized to clean the pipe out, subject to the approval
of the Town Counsel. Mr. Clark seconded the motion and it
was so voted.
Mr. Raymond said that it would cost approximately
$48,000.00 to lay sewer mains to serve the Bow Street area.
The connecting sewer from the manhole on the new relief
sewer at the Town line going across Cataldo's land over. to
Rindge Avenue would be needed and it would cost about
$25,000.00. The sewers in the following streets, Albemarle,
Rindge, Winn, Rawson and Melrose Avenues and Bow Street,
would cost about 23,000.00.
The Chairman read a letter from the Health Inspector
to the effect that the sewage conditions in the area were Bow St.
a definite health menace. Sewer
Mr. Ross said he thought that if the State Inspectors
came out to this locality, they would compel the Town to
sewer it.
The Chairman asked if the Board wished to submit this
problem to the Town at the April 25th meeting. Mr. Raymond
said that the line from the Metropolitan sewer across private
lands could be done as a W.P.A. project and by so doing, the
Town would save about $10,000.00. This portion of the job
would cost about $15,000. plus land. takings. Mr. Rowse
said he thought the project should be started with the money
obtained at the last Town Meeting for Labor and Materials.
Mr. Ross said that the part through private lands would be
all that would be done this year. He said that the Board
could get the authorization from the Town to do it and let
the second portion go until next year. Mr. Rowse asked if
it would jeopardize the town's chances of getting the first
part done with W.P.A. help if the second part was to be done
entirely with'Town labor. Mr. Raymond said that it would be
necessary to state in the application that this was a budgetary
job. Mr. Ross moved that an article be inserted in the
Warrant to extend sewers in the streets named by Mr. Raymond Article
and that the first portion of the extension be submitted
as a W.P.A. project. Mr. Clark seconded the motion and it
was so voted.
Mr. Potter said that Thomas Whiting was waiting to
see the Board. Mr. Raymond said that following the breaking
of glass on Hibbert Street, he had not hired Whiting to do
blastings as he thought he was too dangerous. The Chairman Whiting
said that the Board held Mr. Raymond responsible for this re
work.and he thought the Board should follow his recommenda- blasting
tions.
Mr.. Whiting appeared before the Board. He said that
he had been doing blasting in town for fifty years and his
' family had paid taxes in the Town for over 90 years and he
thought he should be given consideration. The Chairman
told him that the Board would discuss the matter and he
retired.
Mr. Potter moved that the matter be left with Mr. Raymond.
Mr. Rowse seconded the motion and it was so voted.
292
Barnes
property
Signs.
A Highway Betterment Assessment of $111.09 is due on
the Barnes property and the Clerk asked if this was to be
abated. There is also a water bill due. The Chairman
suggested that the Supt. of Public Works take up the matter
with the Town Counsel and the Assessors and report on the
matter of the abatement next week. The Board felt that
the O'Keefe's should pay the bill for water rates and
requested the Clerk to write them to that effect.
The Board discussed the "Birthplace of American Lib-
erty".signs at the entrances to the Town. Mr. Potter moved
that..the Supt. of Public Works be instructed to do what he
could so that the signs might be painted by the 19th of
April. Mr. Ross seconded the motion and it was so voted.
It was suggested that he contact Sarah Eddy Holmes, who
donated them to the Town.
The Chairman stated that the Briggs Class wanted tc
Use of Hall.use Cary Hall on Sunday, April 24th, for about an hour.
Mr. Ross moved that the use of the hall be granted. Mr.
Potter seconded the motion and it was so voted.
Irving Currier and a Mr. Eldridge appeared before the
Board. Mr. Currier presented a sketch of a sign that he
wished to erect. The Chairman explained that Mr. Currier
had had two of these signs made up to cost $500.00 and
Currier said that they had expended about $100.00 already. The
signs signs are six feet by eight feet and the Town By-laws allow
a sign to be only twenty square feet. The Chairman told
Mr. Currier that the Selectmen did not have any authority
to allow a variation from the By-laws. -Mr. Eldridge asked
if there was any law as to what kind of a sign he could put
on the roof. The Chairman told him that it would be better
to take the matter up with the Building Inspector. They
retired.
Major Edward L. Child appeared before the Board. He
said that the April 19th Committee was spending $500.00 -to
get the parade up to the Common and he Wanted to make sure
that the crowd at the Common could be handled satisfactorily.
The Chairman said that he had suggested that a rope might
be sufficient to hold the crowd back,but the Committee wanted
to know if snow fence could be provided. The Chairman told
Snow Fence him that the Board would discuss the matter and he retired.
at Common The Chairman said that the Town had always taken care
April 19th. of the Common and this year Mr. Raymond had turned down
the request to do so because the Park Department approp-
riation had been cut down so much. He talked with Mr.
Raymond, however, who agreed to take care of the Common
but said that he would not recommend that the snow fence
be erected.
Mr. Potter thought that as long as the $500.00 had been
appropriated, the snow fence should be erected. Mr. Potter
moved that the snow fence be placed. Mr. Rowse seconded
the motion and it was so voted.
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The Chairman said that the different members of the
Board had received complaints relative to the storage of
' junk on Mass. Avenue opposite Sylvia Street. Mr. Potter Junk
moved that the Building Inspector be instructed to check
up on the matter and order the removal of the junk. Mr.
Ross seconded the motion and it was so voted.
The Clerk said that last week the Board approved pay-
ment of $5.00 to Mary Hiran in settlement of her claim but Hiran
did not say what it was to be charged to. Mr. Clark moved claim
that the bill be charged to Unclassified. Mr. Ross seconded
the motion and it was so voted.
The Board signed the deed of Lots 51 and 52 Rockville Sale of
Avenue to Martha Yntas. Lots
The Board signed the radio contract with the Town of Radio
Arlington for the year 1938. Contract
.Letter was received from the Town Counsel stating that
he had arranged with the City of Cambridge to settle the Harrington
claim in the Eva Harrington case of x,80.46 which is the bill
face of the bill without interest or -costs. Mr. Potter
moved that the settlement be approved. Mr. Ross seconded
the motion and it was so voted.
Request was received from the' Sacred Heart Church for
'
permission to hold a carnival on Mass. Avenue opposite
Carnival
Sylvia Street the week of June 13th and 19th. Mr. Potter
moved that permission be granted. Mr. Ross seconded the
motion and it was so voted.
A request was received from H. M. Lawrence for per'.
Sound car.
mission to operate a sound trailer in Lexington one day,
Saturday, April 9th. Mr. Potter moved that the application
be disapproved. Mr. Rowse seconded the motion and it was
so voted.
Letter was received from the Fire Engineers relative
to the Boards request that they consider the matter of
discontinuing the blowing of the fire whistle after six
Blowing of
P.M. Since 1933 the Engineers have eliminated as much as
fire
possible, the blowing of the whistle and since the whistle
whistle.
has been moved to the Cary Memorial Building, the time of
elimination has been set one hour ahead so that the sound-
ing of the whistle is discontinued after eight P.M. The
Engineers felt that they were taking some risk in doing this
and felt that they had gone their limit in their endeavor
to eliminate both noise and confusion. With reference to
the Slowing of sirens on apparatus, the Engineers said that
if the Selectmen could so control the highways that after
six P.M. there would be no traffic, they would guarantee
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to cease blowing all apparatus sirens.
Letter was received from the Town Counsel relative to
Chap.211
Chapter 211 of the Acts of 1936. It was decided to hold
the matter over for one week.
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Five & Letter was received from Mr. Raymond (a copy being
ten year furnished each member) listing the projects needed by the
needs. Town within the next five and ten years. It was decided
to hold this over until next week.
Application Letter was received from one John F. Coyne applying
for for the position of janitor at the -Barnes property. The
Position. Chairman said that he would refer the matter to Mr. Raymond.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
WHEREAS, the Town of Lexington at a Town Meeting duly
called and held on.March Olst, 19383, duly adopted under
Article 20 of the Warrant the following vote:
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Letter was received from Henry S. Raymond of Clark
Street stating that children were doing a great deal of
Belfry
damage on Belfry Hill and advising that he would be glad
Hill.
to watch'the place if he was given an appointment as a
Special Police officer.
Letter was received from Mr. Garrity advising that it
was his intention to have the grounds around the Belfry
cleaned up for the 19th of April. Mr. Garrity said that
he did not believe it vas necessary to have Mr. Raymond
appointed a Special Police officer. He said that Belfry
Hill was part of the park system and he thought that the
children should use it as much as possible provided they
did not do any damage. Mr. Potter moved that the appoint-
ment be refused. Mr. Ross seconddd the motion and it was
so voted.
Letter was received from Mr. Worthen stating that
some time ago he appeared before the Board with reference
to placing historic bulletin boards, one on the Common
Historic
and one near the entrance walk to Buckman Tavern. Mr.
bulletin
Worthen said that the Lexington Rotary Club had agreed
boards,
to provide both of these markers and it was hoped to have
them in place by April 19th. He said the only request
made of the Town was the cooperation of the Park Department
and of the Engineering Department in drawing the map and
having the prints made. Mr. Ross moved that the services
of the Park Department and Engineering.Department be
offered in connection with this matter. Mr. Rowse seconded
the motion and it was so voted.
Mr. Ross moved that a sewer be extended in Edgewood
Road for a distance of approximately 50 feet, the cost to
be charged to the Sewer Construction, Sundry Streets
Edgewood
account. Mr. Potter seconded the motion and it was so
Road
voted.
Sewer
The Board signed the order for the construction of
Order.
the sewer 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 Olst, 19383, duly adopted under
Article 20 of the Warrant the following vote:
1
295
"Voted: That the Selectmen be authorized to install
sewer.mains in such accepted or unaccepted streets as may
' be applied for during the year 1938 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 $1,0000
be appropriated and transferred from the Sewer Assessment
Fund', and at a meeting of the Board of Selectmen held on
April 5th, 1938, it was voted to authorize the extension
of the sewer in Edgewood Road, from present end to a point
southeasterly and distant approximately 60 feet, under the
80
provisions of General Laws., Chapter ,
VOTED: By the Selectmen, acting as a Board of mater
and Sewer -Commissioners under the authority conferred by
Statute 1897, Chapter 504 and Acts in amendment thereof
and in addition thereto, and of votes of the Town of Lex-
ington pursuant thereto, that a sewer be constructed in
Edgewood Road, from present end to a point southeasterly
and distant approximately 60 feet, substantially in accord-
ance with plan made by John T. Cosgrove, Town Engineer,
dated April 4, 1938, and entitled, "Plan of Proposed Sewer
in Edgewood Road, Lexington, Bass. Scale l in. - 40 ft.,
April 4, 1938, John T. Cosgrove, Townlhgineer".
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
Edgewood Road from present end to a point southeasterly
and distant approximately 60 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 betterments 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 fifth
day of April 1938.
Archibald R. Giroux
William G. Potter Selectmen
A. Edward Rowse of
Albert A. Ross Lexington
Philip M. Clark
296
COMKONWEALTH OF MASSACHUSETTS
Middlesex ss. Lexington, Mass.
April 5, 1938.
Then personally appeared the above named Archibald R .
Giroux, William G. Potter, Philip M.' Clar3g, Albert A. Ross,
and A. Edward Rowse and severally acknowledged the foregoing
in and statement b them subscribed to be their
instrument ruinent y
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
(Mar. 14, 1945)
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
EDGEWOOD ROAD
(From Present end to a point southeasterly and
distant approximately 60 feet).
Owner as of January lst, 1938 Assessment.
William H. Shurtleff $235.00
'
The Board discussed the appointment of a Plumbing
Inspector. Letter was received from the Commissioner of
Civil Service advising that the requirement that the
persons taking this examination be a licensed master plumber
with at least ten years practice or experience was referred
to the full Board of Commissioners. He said that inasmuch
as under Chapter 142, section 11 of the General Laws, it is
required that inspectors of plumbing be practical plumbers
and shall also have had practical experience, either as
master plumbers or as journeymen continously during the
five years next preceding the date of appointment, the Full
Board did not recognize the requirement as set up by the
By-laws of the Town of Lexington. The Board was of the
Plumbing opinion that the requirements as set up by the by-laws
Inspector were too restricting for the position involved and they were,
therefore, not recognized. The letter stated that the
poster advertising this examination stated that applicants
must be either a journeyman or master plumber.
The eligible list was received containing the following
ratings:
Name and Address Date of Birth PerCent
Kinneen, Timothy, 156 Vine St. 8/2/99 79.98
Coakley, William A., 22 Kendall Rd. 9/16/82 89.28
Lindstrom, Ejnhard A., 63 Farmcrest 6/18/96 88.96
Avenue
'
Mr. Clark moved that Mr. Sinneen be appointed Plumbing
Inspector. Mr. Ross seconded the motion. Messrs. Rowse,
Potter and Giroux voted in opposition so that the motion
' was not carried.
Mr. Potter moved that William A. Coakley be appointed
Plumbing Inspector. The motion was not seconded.
Mr. Rowse moved that Ejnhard A. Lindstrom be appointed
Pltuhbing Inspector. Mr. Ross seconded the motion and it
was so voted.
The Clerk was instructed to send notice of this selection
to the Civil Service Commission at once.
297
Complaint
re Willis'
dog.
Upon motion of Mr. Clark, seconded by Mr. Potter, it
was voted to grant the following licenses: Licenses
Waverley Hardware Co. 1756 Mass. Ave. - Methyl Alcohol
Minute -Man Golf Club_ - Concord Ave. & - Common Victuallers
Pleasant St
Ernest C. Martin - 1793 Mass. Avenue - Overhanging Sign
Waverley Hardware Co. - 1756 Mass. 11ve.- " It
Eugene H. Partridge - 1709 Mass. Ave.
E. A. Pero - 1786 Mass. Avenue
Chin Lee - 1784 Mass. Avenue
Western Union Tel. Co. - 1736 Mass. Ave. " It
Liggett Drug Co., Inc. - 1721 Mass. Ave.
Garbiel Baker - 1741 Mass. Avenue
' Eugene Derby 11 Waltham S reet
Colonial Garage Inc.- 1668 bass. Ave.
Mike_& Christy Hallos 1715 Mass. -Ave. - rc
Letter was received from Mrs. Joseph H. BryantJr.
kotary
of 6 Colony Road, which bad been sworn to before a
Public. Mrs. Bryant comprained that a dog owned by Charles.
Willis of Colony Road was a vicious dog and said further
that the dog had bitten her child.. -David Bryant. She said
that after the biting, the dog was placed in quarantine
and was not supposed to be out except on a leash. However,
he did get out one day and was in Mrs. Bryant's front yard.
Mr. Willis promised that he would keep the dog restrained
from then on but the dog has been out alone several times
since then. Mrs. Bryant said that she did not dare let
her son out of her sight. She requested that the Board
take steps to have the dog removed permanently. She said
.that other neighbors had had trouble and had given her
permission to use their names - Mrs. Craig Wark and Mrs.
Ashton Little.
'
A report was received from the Dog Officer stating
that he talked with Mrs. Bryant about the statements made
in her letter and had called at Mr. Willis' home and seen
the dog. He said that the dog was a very nervous type
and that in his opinion, his disposition would not be
improved.by confinement. Mrs. Bryant re -told her complaint
to the Dog Officer.
Mr. Potter moved that Mr. Willis be notified to dispose
of the dog within ten days. Mr. Ross seconded the motion
and it was so voted.
297
Complaint
re Willis'
dog.
Upon motion of Mr. Clark, seconded by Mr. Potter, it
was voted to grant the following licenses: Licenses
Waverley Hardware Co. 1756 Mass. Ave. - Methyl Alcohol
Minute -Man Golf Club_ - Concord Ave. & - Common Victuallers
Pleasant St
Ernest C. Martin - 1793 Mass. Avenue - Overhanging Sign
Waverley Hardware Co. - 1756 Mass. 11ve.- " It
Eugene H. Partridge - 1709 Mass. Ave.
E. A. Pero - 1786 Mass. Avenue
Chin Lee - 1784 Mass. Avenue
Western Union Tel. Co. - 1736 Mass. Ave. " It
Liggett Drug Co., Inc. - 1721 Mass. Ave.
Garbiel Baker - 1741 Mass. Avenue
' Eugene Derby 11 Waltham S reet
Colonial Garage Inc.- 1668 bass. Ave.
Mike_& Christy Hallos 1715 Mass. -Ave. - rc
298
�o
Tax title The matter of disposing of property acquired by tax
property title was held over for one week. ,
Application was received from C. E. Dudley of Lowell
Request for permission to sell pop corn on the 19th of April. Mr.
for permit.Ross moved that the application be denied. Mr. Potter
seconded the motion and it was so voted.
The Chairman informed the Board that the State Auditor
had suggested that it would be a better idea to call the
Town money paid Dr. Newell a retainer fee rather than a salary
Physician. in view of the fact that he was to be paid extra. Mr.
Potter moved that the Town Physician be paid $750.00 as
a retainer fee and that the Board approve payment of any
additional charges as it sees fit. Mr. Ross seconded the
motion and it was so voted.
Mr. Potter.moved that the following increases be
approved as of April 1st, 1936:
Mr. Raymond Supt. of Public Works - Increased to
4600.00 per year;
Lawrence G. -Mitchell - Public Welfare Agent -
Increased to $45.00 per week;
Gertrude E. Mitchell Public Welfare Dept. -
Increased to $19. per week;
Salary Mrs. Mary Casey - Public Welfare Dept. - Increased
increases. to $12.00 per week; '
John Litchenberg - Engineering Department — Increased
to $20.00 per week;
John W. Rycroft - Police Department - Increased to
45.00 per week;
John C. Russell - Police Department - Incrdased to
X45.00 per week;
Thomas F. Fardy - Permanently employed in the Welfare
Department at a salary of .18.00per week.
Mr. Ross seconded the motion and it was so voted.
The Chairman asked if the Board wished to pay for
Reviewing decorating the reviewing stand which will be used on the
Stand. 19th of April. Mr. Ross moved that the Town pay the bill
out of the Unclassified Account, it being understood that
the charge will be approximately $10.00. Mr. Potter
seconded the motion and it was so voted.
The Board signed an order for the construction of Taft
Avenue as follows:
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
At a meeting of the Board of Selectmen of the Town of
Lexington held on the 5th day of April, 1938, it is. '
ORDERED: Whereas the Board of Selectmen of the Town
of Lexington, having determined and adjudged that common
299
convenience and necessity require that a town way be laid
out in the location hereinafter described and having complied
with the requirements of law relating to notice, did on
the 8th day of March, 1938, lay out as a town way the way
known as Taft Avenue, from Massachusetts Avenue a distance
of approximately 1037 feet southwesterly, accordingly and
duly filed their report of such laying out with the boundaries
and the measurements of the same in the office of the Town._
Clerk on the 14th day of March, 19380 and whereas at a town
meeting duly called warned and held on the 21st day of March,
1938 and adjourned to the 28th day of March, 1938, in accord-
ance with the provisions of law applicable thereto, it was
VOTED: That the Town accept the layout as a town way
of Taft Avenue, from Massachusetts Avenue a distance of
approximately 1037 feet southwesterly, as laid out by the
Selectmen, under the Betterment Act, and shown upon a certain
plan on file in the office of the Town Clerk, dated February
180 1938, and to take by eminent domain the necessary easement
therefor, and for the purpose of constructing said street
the sum of $7500.00 be appropriated and assessed, said sum
to be raised by the sale of notes or bonds of the Town issued
in accordance with law and payable in not more than five
years from the date thereof.
PTOW, THEREFOR, we, the undersigned, being a majority
of the Board of Selectmen of the said Town of Lexington, duly
elected, qualified and acting as such, do hereby under and
by virtue of the provisions of Chapter 79, of the General
Laws and of any and every other power and authority us hereto
in any way enabling, take the right or easement to use for
all the purposes of a town way for the use of said town of
Lexington, the land in said town bounded and described as
follows:
The westerly line of Taft Avenue begins at a point in
the southerly line of Massachusetts Avenue, said point being
easterly and distant 27.71 feet from the westerly terminus
of a curve of 1337.53 feet radius, thence bearing to the
right with a curve of 23.72 feet radius distant 46.98 feet
to a point of reverse curvature, thence bearing to the left
with a curve of 255.92 feet radius distant 97.17 feet to
a point of tangency, thence S 150 001 52" W distant 389.06
feet to a point of curvature, thence bearing to the right
with a curve of 248.50 feet radius distant 229.72 feet to
a point of tangency, thence S 67 591 08" W distant 99.10
feet to a point of curvature, thence.bearing to the right
with a curve of 175.85 feet radius distant 144.44 feet to
a point.
The easterly line of Taft Avenue begins at a point
in the southerly lihe of Massachusetts Avenue, said point
being westerly and distant 88.62 feet from the easterly
terminus of a curve of 1337.53 feet radius, thence bearing
to the left with a curve of 71.71 feet radius distant 69.95
feet to a point of compound curvature, thence bearing to the
300
leftwith a curve of 215.92 feet radius distant 102.02
feet to a point of tangency, thence S 150 001 52" W
distant 389.06 feet to a point of curvature,.thence bear-
ing to the right with a curve of 288.50 feet radius distant
266.72 feet to a point of tangency, thence S 670 591 08" W
distant 99.10 feet to a point of curvature, thence bearing
to the right with a curve of 215.85 feet radius distant
178.86 feet to a point.
The above described lines are parallel with and distant
40.00feet from each other with the exception of the curved
intersections at Massachusetts Avenue.
The above description is intended to conform to a
plan entitled, "Plan of Taft Ave., Cary St. and Cherry
St., Lexington,_ Mass., Scale 1 in . - 40 ft., Feb. 18,
1938, John T. Cosgrove, Town Engineer", which plan is on
file in the Town Clerkts office in said Lexington and a
copy of which will be recorded with the Middlesex South
District Registry of Deeds with a copy, of this order.
All trees, if any, upon the land taken are included in
this taring.
Taft Ave.
Order. Betterments are to be assessed for this improvement.
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 now or formerly of Evelyn M.
McVetty, Harry E. Johnson, William T. and Florence E.
McCarthy, Bernard C. and Melita M. Nickerson, Joseph C. and
Marion L. Brownell, Johanna E. Sullivan, Cora E. Davies,
Harry E. Johnson, Charles C. and Josephine L. Paul, Eric
G. Sahlberg, Paul E. Laurent, Kenneth J. and Mildred T.
Draper, Faith E. Ousback, George W. MacMullen, Daniel L.
and Agnes C. Duan, Esther R. M. Hedberg, as shown on a
plan entitled, Plan of Taft Ave., Cary St. and Cherry St,,
Lexington, Mass., Scale 1 in. - 40 ft., Feb. 18, 1938, John
T. Cosgrove, TowniEngineer".
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 betterments 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.
We determine that no damages have been sustained and
none are awarded.
1
1
D
WITNESS our hands at Lexington aforesaid this 5th day
of April, 1938.
Archibald R. Giroux Selectmen
William G. Potter of the
A. Edward Rowse Town
Albert A. Ross of
Philip M. Clark Lexington
COMMONWEALTH OF MASSAC3USETTS
Middlesex, ss. Lexington, Mass. April 5, 1938
Then personally appeared the above named Archibald R.
Giroux, William G. Potter, A. Edward Rowse, Albert A. Ross,
and Philip M. Clark 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
Selectmen and Public Works of the Town of Lexington, before
me,
James J. Carroll
Notary Public
Mar. 141, 1945.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
Owner as of Jan. 1, 1938 Lot No. Approximate
' Assessment.
Evelyn M. McVetty 2 $415.00
Harry E. Johnson 3 .345.00
William T. & Florence E. McCarthy 4 345.00
Bernard C. & Melita M. Nickerson 5 345.00
Joseph C. & Marion L. Brownell 6 345:00
Johanna E. Sullivan "7 345.00
Cora E. Davies 8- 355.00
Harry E. Johnson 9 395.00
Charles C. & Josephine L. Paul 10 490.00
Eric G. Sahlberg 28 360.00
Paul E. Laurent 29 345.00
Faith E. Ousback 30 565.00
kenneth J. & Mildred T. Draper 31 345.00
George IN. MacMullen 32 595.00
Daniel L. & Agnes C. Dugan 33 470.00
Esther R. M. Hedberg; 39 385.00
Harry E. Johnson 44 65.00
The Board signed an order for the construction of Cary
Street as follows:
1
301
302
COMMIOP adEALTH OF MASSACHUSETTS
Middlesexx, ss. Town of Lexington
At a meeting of the Board of Selectmen of the Town of '
Lexington held on the 5th day of April, 1938, it is.
ORDERED: Whereas the Board of Selectmen of the Town
of Lexington, having determined and adjudged that common
convenience and necessity require that a town way be laid
out in the location hereinafter described and having com-
plied with the requirements of law relating to notice, did
on the 8th day of March, 1938, lay out as a town way the
way known as Cary Street, from Taft Avenue a distance of
approximately 250 feet westerly, accordingly and duly filed
their report of such laying out with the boundaries and the
measurements of the same in the office of the Town Clerk on
the 14th day of March, 1s38, and whereas at a town meeting
duly called warned and held on the 21st day of March, 1938
and adjourned to the 28th day of March,.1938, in accordance
with the provisions of law applicable thereto, it was
VOTED: That the Town accept the layout as a town way
of Cary Street, from Taft Avenue a distance of approximatdly
250 feet westerly, as laid out by the Selectmen, under the
Betterment Act, and shown upon a certain plan on file in the
office of the Town Clerk, dated February 18, 1938, and to
take by eminent domain the necessary easement therefor, and
for the purpose of constructing said street the sum of
$1200.00 be appropriated and assessed, said sum to be raised
by the sale of notes or bonds of the Town issued in accord -
Cary St. ance with law and payable in not more than five years from
Order. the date thereof.
NOW, THEREFORE, we the undersigned,,being a majority
of the Board of Selectmen of the said Town of Lexington,
duly elected, qualified and acting as such, dohereby under
and by virtue of the provisions of Chapter 79 of the
General Laws and of any and every other power and authority
us hereto in any way enabling, take the right or easement
to use for all the purposes of a town way for the use of
said Town of Lexington, the land in said town bounded and
described as follows:
'The northerly line of Cary Street begins at a point
in the westerly line of Taft Avenue, said point being north-
erly and distant 23.36 feet from the northerly terminus of
a curve of 248.50 feet radius, thence bearing to the right
with a curve of 20.22 feet radius distant 34.67 feet to a
point of tangency, thence N 660 441 08" W distant 222.79 feet
to a point.
The southerly line of Cary Street begins at a point in
the westerly line of Taft Avenue, thence bearing to the
left with a curve of 22.50 feet radius distant 38.02 feet
to a point of tangency, thence N 660 441 08" W distant
227.42 feet to a point.
303
The above described lines are parallel with and dis-
tant 40.00 feet from each other with the exception of the
curved intersections at Taft Avenue.
The above description is intended to conform to a
pian entitled "Plan of Taft Ave., Cary St. and Cherry St.,
Lexington, Massa, Scale.l in. - 40 ft., Feb. 18, 1938, John
T. Cosgrove, Town Engineer", which plan is on file in the
Town Clerkts Office in said Lexington and a copy of which
will be recorded with the Middlesex South District Registry
of Deeds with a copy of this order.
All trees, if any, upon the land taken are included
in this taking.
Betterments are to be assessed for this improvement.
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 now or formerly of Bryant W. and
Clkire G. Patten, Sue M. Curtin, Minnie S. May, Harry E.
Johnson and Lary Blight, as shown on a plan entitled, !Plan
of Taft Ave., Cary St. and Cherry St., Lexington, Mass.,
Scale 1 in. - 40 ft., Feb. 18, 1938, John T. Cosgrove, Town
Engineer".
' 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 betterments 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.
We determine that no damages have been sustained and
none are awarded.
WITNESS our hands at Lexington aforesaid this 5th day
of April, 1938.
Archibald R. Giroux Selectmen
William G. Potter of the
A. Edward Rowse Town of
Albert A. Ross Lexington.
Philip Al. Clark
COMMONATALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass. April 5, 1938
Then personally appeared the above named Archibald R.
' Giroux, William G. Potter, A. Edward Rowse, Albert A. Ross
and Philip M. Clark and severally acknowledge the fore-
going instrument and,btatement by them subscribed to be
304
w
their free act and deed and the free act and deed of the
Board of Selectmen and Public ';Yorks of the Town of Lex-
ington,
ex ington, before me,
James J. Carroll,
Notary Public
(Mar. 14, 1945)
SCHEDULE OF ESTIMA'T'ED BETTT'R1ENTS
REFERRED TO IN THE FOREGOING ORDER.
Owner as of Januar 1,, 1938 Lot No. Approximate
Assessment.
Bryant W. and Claire G. Patten 34 $345.00
Sue M. Curtin 35 345.00
Minnie S. May 36 450.00
Harry E. Johnson 37 325.00
Mary Blight 38 345.00
The Board signed an order for the construction of
Cherry.Street as follows:
COMMONWEALTH OF MASSACHUSETTS '
Middlesex, ss. Town of Lexington
At a meeting of the Board of Selectmen of the Town of
Lexington held on the 5th day of April, 1938, it is.
ORDERED: Whereas the Board of Selectmen of the Town of
Lexington, having determined and adjudged that common con-
venience and necessity require that a town way be laid out
in the location hereinafter described and having complied
with the requirements of law relating to notice, did ori.:
the 8th day of March, 1938, lay out as a town way the way
known as Cherry Street, from Taft Avenue a distance of
approximately 193 feet westerly, accordingly and dully filed.:
their report of such laying out with the boundaries and the
measurements of the same in the office of the Town Clerk
on the 14th day of March, 19381,, and whereas at a town
meeting duly called warned and held on the 21st day of
March, 1938 and adjourned to the 28th day of March, 1938,
in accordance with the provisions of law applicable thereto,
It was
VOTED: That the Town accept the layout as a town way
of Cherry.Street, from.Taft Avenue a distance of approx-
imately 193 feet westerly, as laid out by the Selectmen, '
under the Betterment Act, and shown upon a certain plan on
file in the office of the Town Clerk, dated February 18,
1938, and to take by eminent domain the necessary easement
305
therefor, and for the purpose of constructing said street
the sum of $1200.00 be appropriated and assessed, said sum
to be raised by the sale of notes or bonds of the Town
issued in aeeordanee with law and payable in not more than
five years from the date thereof.
NOW, THEREFOR, we, the undersigned, being a majority
of the Board of Selectmen of the said Town of Lexington,
duly elected, qualified and acting as such, do hereby
under and by virtue of the provisions of Chapter 79 of
the General Laws and of any and every other power and
authority us hereto in any way enabling, take the right or
easement to use for all the purposes of a town way for the
use of said town of Lexington, the land in said town bounded
and described as follows;
The northerly line of Cherry Street begins at a point
in the westerly line of Taft Avenue, said point being
southerly and distant 67,00 feet from the southerly terminus
of a curve of 255.92 feet radius, thence bearing to the
right with a curve of 20.00 feet radius distant 31.42 feet Cherry
to a point of tangeney, thence N 740 591 08" W distant 170.50 Street
feet to a point. _ Order
The southerly line of Cherry Street begins at a point
in the westerly line of Taft Avenue, thence bearing to the
left with a curve of 20.00 feet radius distant 61.42 feet
' to a point of tangency, thence N 740 59+ 08" W distant
176.19 feet to a point.
The above described lines are parallel with and dis-
tant 40.00 feet from each other with the exception of the
curved intersections at Taft Avenue.
The above description is intended to conform to a
plan entitled "Plan of Taft Ave., Cary St. and C herry St.,
Lexington, Mass., Scale.1 in. - 40 ft., Feb. 18, 1938,
John T. Cosgrove, Town Engineer", which plan is on file
in the Town Clerk's Office in said Lexington and a copy
of which will be recorded with the Middlesex South District
Registry of Deeds with a copy of this order.
All trees, if any, upon the land taken are included
in this taking.
Betterments are to be assessed for this improvement.
The area which it is expected will received benefit
or advantage other than the general advantage to the community
from such improvement is described as follows;
The same being lands now or formerly of John T. and
' Christine G. Clancy, Harry E. Johnson, Victor F. and Ida C.
Erifson and Karl and Mary Schmid, as shown on a plan .
entitled "Plan of Taft Ave., Cary St.', and Cherry St.,
Lexington, Mass., Scale 1 in. - 40 ft., Feb. 18, 1938,
John T. Cosgrove, Town Engineer".
306 CM
IWC
The said area comprises the several lots shown upon
the plan hereinbefore referred to, which are designated ,
In the schedule herdto annexed and made a part hereof.
Vie estimate the betterments 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.
We determine that no damages have been sustained and
none are awarded.
WITNESS our hands at Lexington aforesaid this 5th day
of April, 1938.
Archibald R. Giroux
William G. Potter Selectmen
A. Edward Rowse of the
Albert A. Ross Town of
Philip M. Clark Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass., Apr. 5, 1938
. Then personally appeared the above named Archibald R.
Giroux, William G. Potter, A. Edward Rowse, Albert A. Ross
and Philip M. Clark and severally acknowledged the fore- '
going instrument and statement by them subscribed to be
their free act and deed and the free act and deddd of the
Board of Selectmen and Public Works of the Town of Lex-
ington, before me,.
James J. Carroll
Notary Public
(Mar. 14, 1945.)
SCHEDULE :07 __ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
Owner as of Jan. 1, 1938 Lot No. Approximate
Assessment
John T. Sc Christine G. Clancy 40 $455.00
Harry B. Johnson 41 445.00
Victor F. and Ida C. Ericson 42 495.00
Karl & Mary Schmid 43 460.00
Commitment of Water Liens in the amount of $52.80 was
Commitment. signed by the Board.
Messrs. Mitchell and Morse appeared before the Board to
Welfare. discuss Welfare matters. '
The meeting adjourned at 10:35 P.M.
A true record, Attest:
CleCle k.