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HomeMy WebLinkAbout1938-06-07378 SELECTMENtS MEETING JUNE 7th, 1938. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:00 P.M. Chairman. Giroux, Messrs., Potter, Rowse and Clark were present. The Clerk was also present. The Chairman stated that Chapter 284 of the Acts of 1938 provides that there shall be one member of the Con - Retirement tributory Retirement System who shall be elected by the Systema members thereof in a manner to be determined by the Member. Selectmen in a town, said member to serve for one year from the date of his election and until the qualification of his successor. The Chairman suggested that the Board call a' meeting of the members of the system on Wednesday, June 15th, at 8:00 P.M. in Estabrook Hall. He asked how the Board wanted to have the nominating committee chosen, and it Was decided that the members should have their choice of electing their own nominating committee or having the Chairman appoint one. Mr. Raymond appeared at 7.:08 and Mr, Lindstrom, the Plumbing Inspector,appeared at 7:30. He said that since he had been on the job, he found that the laws which Owe had were really out of date and as near as he could.'find out, they ;were made up by the plumbers to suit 'themselves. He said he was having quite a hard time with them. The laws are not specific enough and he is assuming the position that a decision is up to the Inspector. He said ,dumbing he had worked out some new plumbing laws which he presented, Laws and he suggested that a committee be appointed to study them. He said that he had gone into the question of sewerage also and said that he -was receiving quite a number of c ompla ants on this. He looked into the system they have in Weston where they get along very well and thought it would be well for Lexington to adopt that system. We Lindstrom suggested that the committee be comprised of a builder, a master plumber from out of town, Mr. Raymond and himself. Mr. Potter moved that such a committee be appoi.hted to study the present plumbing laws and make recommendations to the Selectmen. Mr.Rbwse seconded the motion and it was so voted. The Chairman told Mr. Lindstrom that he would be advised as to the names of the other members of the committee. He retired. It was decided not to appoint the committee until the next meeting. Mr. Raymond said that in making up the P.W.A. application for a Federal rant on the Vine Brook project he incurred an expense of 117.30. The balance in the 1 1 1 New Vine Brook Engineering appropriation is $3.93 making 1 $13.44 needed to pay the bill. Mr. Rowse suggested that the Appropriation Committee be requested to transfer this amount from the Reserve Fund inammueh as it was an "extraordinary and unf orseen expenditure"p and so moved. Mr. Clark seconded the motion and it was -so voted. C 1 379 Transfer The Chairman said that there was a bill in the Leg- ialature to allow policemen to have one day off in Act re seven and Representative Crosby offered an amendment in Police the House which would make the. Act apply only if a Town days off. accepted it at a Town Meeting. Mr. Raymond said that in connection with the supply- ing of water to the Bedford Hospital., someone had the idea that we could relocate Westview Street and fulfill the requirements of the twenty foot set -back For one well He presented a plan showing the proposed relocation and Relocation said that it was the same location recommended by the of County Commissioners in 1897. For some reason that lay- Westview out was not used, but he could not see why it was not Street just as good. Five citizens could petition the County for the relocation of the street and the Commissioners would hold a hearing within three weeks, Mr. Ross appeared at '7:50 P.M. Mr. Rowse asked who had to pay the cost of the re- construction of the street and Mr. Raymond said that the New England Water Supply Corp. would. Mr. Rowse moved that on deposit with the Selectmen of a Certified check for $1500.00 to be held pending action by the County Commissioners, the Selectmen petition the County Commission- ers for the relocation of Westview Street. If the reloca- tion is made, the offer of the Layne Bowler New England Co.., Inc., dated June 7,,1938 will be accepted and the said check applied toward its performance, Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that the layout and acceptance of Eliot Road had never been properly recorded, and he recommended that the Town make a layout of the street and present it at the next Town Meeting. Mr. Rowse asked if this would result in any additional cost to the town and Mr. Raymond replied in the negative. Mr. Rowse moved that Mr. Raymondts recommendation be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond read a letter from the Town Counsel rel- ative to the driveways at the Center and. Munroe railroad stations. He said that the Field and Garden Club were making improvements in Depot. Park and had requested curbing And sidewalks, and he informed theih that there were no funds for this work and that the Town could not appropriate money except to maintain the surface of the road and could do nothing on the sidewalks except'to fix defects to prevent accidents. Mr. Raymond said that the Eliot Rd. Sidewalks etc, at railroad stations. town was liable for defects in the sidewalk and street because there were na private way signs up. He said he understood there was some sort of an agreement between the railroad and the town to maintain the sidewalks and plow the snow. Mr. Raymond said he thought the town &could own the drive at the Center st ation .but did not think it was necessary to own the one at the Munroe station. He thought the Boston and Maine Railroad should be asked if they would be willing to deed the property to the town. Mr. Raymond did not think there was any cheaper way to take care of the situation than that which is being done now. Mr. Clark moved that no action be take on the matter. Mr. Potter seconded the motion and it was so voted. I 1 Mr. Raymond reported that there was a twin elm about Removal of 100 feet up on the right hand side of Charles Street which tree - the town had been requested ,twice to remove, but had not Charles St, removed because it was not considered a dangerous tree. They now find that the tree will interfere on the work on Charles Street. Mr. Clark moved that the Selectmen, acting as Tree Wardens, instruct Mr. Raymond to post the tree for removal. Mr. Ross seconded the motion and it was so voted, Mr. Raymond reported that there was going to be a Clerk vacancy in the position of Clark in the Public Works Department in about one month. He asked if the Board had any suggestions. Mr. Rowse moved that the matter be referred to Mr. Raymond, Mr. Potter seconded the motion and it was so voted. McCaffrey Mr. Raymond submitted Selectmen's Records relative property to the McCaffrey embankment. He said that he planned to include work at the location in a W.P.A. project he was making up now. Mr. Raymond said that he'had been advised by the local W.P.A. supervisor to include as many streets as possible in the sidewalk project and he wanted to extend the list reported last week to include as many streets as he thought should have sidewalks. The Chairman asked how much money was involved and Mr. Raymond said he had not made up the estimate but the ratio was about one and a half to four. He thought that ,$10,000. would be needed as the town's share over a period of twelve months and W.P.A. thought that about 60 men would be employed. These would sidewalk be gavel sidewalks. The Chairman asked how much o£ -our project. W.P.A. money we had allocated now and he said that at the rate we are going, we have not reached the rate he estimated because they had kept as many men off the play- ound as possible. The rate which he estimated was s3300.00 per month and last month it was the highest and 2900.00 was expended. If continued at the same rate I 1 381 Mr. Raymond said that the Board requested him to look into the status of Vine Brook as a W.P.A. project. Vine Brook He did state before the Board once that he was working up Vine Brook as a W.P.A. project but nothing has ever , been done on it. Mr. Raymond said that he had taken bids for improv- ing the traffic signals in the center of the Town as follows: Louis W. Bills - $436.80 (Bid incomplete) Eagle Signal Corp. of Arlington - 7648.25 complete Traffic Municipal Signal and Supply Co. of Boston - $672.00 Signals All of the campanies had representatives there when the bids were opened and he told the representatives that Bills' bid appeared to be incomplete and asked if anyone had any objection to the Selectmen receiving an addenda to the bid and awarding it to him if he was still low. He asked�Bills to send in an additional proposal and his complete bid amounts to $514.50. Mr. Clark moved that the contract be awarded to Mr. Bills. Mr. Ross seconded the motion and it was so vot ed. Mr. Raymond said that Mr. Barnes of 62 Oak Street called at the office and complained of his sewerage condition. It is not possible to put in a decent cess- pool there. According to Barnes' story, there are six he thought the money would last until the middle of November. He thou ght,that if the men were transferred ' to the Hardy's Brook project, the ratio would be smaller. Hesaid that he had to get some W.P.A. projects in if they were going to continue W.P.A. Mr. Rowse asked how he had checked on the town's need for sidewalks. Mr. Raymond said he had Paxton -make up three lists of streets in need of sidewalks in order of their importance. He looked them over and then rode around and viewed those he could not remember the con- dition of. He then turned the lists over to the Town Engineer and the two of them Todd over the streets again. As a result of -this, certain streets were eliminated. He thought hearings should be held an same of them. Mr. Rowse suggested that a sidewalk on Hayes Avenue'be considered in this project. Mr, Raymond said 2tha t he looked at this location the other day and Mr. Nichols came out and said that if the Town put a sidewalk there, he would bring suit. He says no one wants a sidewalk there. Mr. Rowse said he had received a very strong plea for one. Mr. Raymond thought it a good idea to put a sidewalk there, but if the people objected, he did not think it should be put in. Mr. Potter suggested that the people in the neighborhood be contacted to see how they felt about it. ' Mr. Ross moved that the sidewalk project be submitted to the W.P.A. authorities, the project to include side- walks on Hayes Avenue, Merriam Street and Dexter Road, Mr. Rowse seconded the motion and: it was so voted. Mr. Raymond said that the Board requested him to look into the status of Vine Brook as a W.P.A. project. Vine Brook He did state before the Board once that he was working up Vine Brook as a W.P.A. project but nothing has ever , been done on it. Mr. Raymond said that he had taken bids for improv- ing the traffic signals in the center of the Town as follows: Louis W. Bills - $436.80 (Bid incomplete) Eagle Signal Corp. of Arlington - 7648.25 complete Traffic Municipal Signal and Supply Co. of Boston - $672.00 Signals All of the campanies had representatives there when the bids were opened and he told the representatives that Bills' bid appeared to be incomplete and asked if anyone had any objection to the Selectmen receiving an addenda to the bid and awarding it to him if he was still low. He asked�Bills to send in an additional proposal and his complete bid amounts to $514.50. Mr. Clark moved that the contract be awarded to Mr. Bills. Mr. Ross seconded the motion and it was so vot ed. Mr. Raymond said that Mr. Barnes of 62 Oak Street called at the office and complained of his sewerage condition. It is not possible to put in a decent cess- pool there. According to Barnes' story, there are six 470 Sewer - Oak Street. Sale of Lots. Dog Warrant. Health complaint, others in the vicinity that are having trouble. The only remedy is to extend the.sewer up Oak Street from Mass. Ave. He thought he should explain the situation to the Selectmen and if he was so instructed he would prepare estimates and submit a list of what the assessments would be sothat Barnes could get signatures requesting the extension of the sewer. If the Board of Health gets enough complaints, it will be necessary to do something. Mr. Clark moved that the estimate be prepared and the information presented to the petitioners. Mr. Rowse seconded the motion and it was so voted. Letter was received from Chester Barnes of Arlington offering to purchase lots 56 and 57 on Brandon Street for $150.00. It was decided to hold the matter over until the next meeting. Mr. Potter moved that the Board authorize the issuance of a warrant to the Dog Officer on unlicensed dogs. Mr. Ross seconded the motion and it was so voted. Letter was received from the Health Inspector ad- vising that he had received complaints from the manager of the First National Store at 703 Mass. Avenue because of the privy connected with the house in the rear. Mr. Stevenson recommended that Mr. Harrod, the owner of the property, be required to install a toilet in the house and connect with the sewer pipe in the store. Mr. Rouse moved that the Health Inspector ' s recommendation be followed. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Clerk to which Watkins was attached writ served in the case of Gecmge Watkins v. suit. the Town of Lexington in the amount of $500.00. Mr. Ross moved that the matter be referred to the Town Counsel for his attention. Mr. Rowse seconded the motim and it was so voted. Letter was received from the Town Counsel stating that since the Beumgardners were not occupying their Baumgardner trailer as a residence, he agreed to dismiss the bill case, of complaiht and was having a decree entered for that purpose. He enclosed his bill in the amount of $45.00. Mr. Ross moved that the bill be approved. Mr. Rowse seconded the motion and it was so voted. Letter was received from the Secretary of State Certs. of requesting a statement of character on Ernest E. Leavitt character. of 68 Outlook Drive, one of the incorporators of Nu Iota Chapter of Phi Mu Delta Fraternity, Inc. The Board signed the statement of character. C C 383 Letter was received from Mr. F. J, Thompson of 4 Smythe Avenue recommending certain improvements in ' voting equipment at the Adams School. The Chairman Voting suggested that the matter be referred to Mr. Raymond for equipment, Investigation and report, Upon motion of Mr. Ross, seconded by Mr. Rowse, it was voted to grant the following lieenses: William E. Maloney, 97 Masa. Ave, - Overhanging Sin Max Berman, 12 Mass. Avenue - " Licenses William E. Maloney, 97.Mass. Ave. - Common Victuallers John E. Timothy, 442 Waltham St. - Public Carriage Wyman D. Marcus, 96 Mass. Ave. - Common Victuallerts The Chairman asked if the members wished to be called on small items such as the rental of Estabrook Hall, Discussion etc.when they came up between meetings. Mr. Ross said re calling that he did not want to be bothered with such small members. details but the other members expresser) no opinion. At 8:30 P.M. hearing was declared open on the appli- cation of Clifford M. and Ruth S. Martin for permission Martin to maintain a one car garage at 6 Hillside Terrace. Mr. garage Martin appeared and presented plan of the proposed garage. hearing No persons appeared in opposition. Mr. Ross moved that the permit be granted subject to the approval of the Building Inspector. Mr. Rowse sec m ded the motion and it ' was so voted. At 8:32 P.M. hearing was declared open on the appli- cation of Fritz Fearn for permission to maintain a one car garage at 21 Aerial Street. No persons appeared in favor or in opposition. Mr. Ross moved that the permit be granted subject to the approval of the Building Inspector. Mr. Rowse seconded the motion and it was so Fearn voted. , garage At 8:34 P.M. hearing was declared open on the appli- hearings. cation of Fritz Fearn for permission to maintain a one car garage at 20 Aerial Street. No persons appeared in favor or in opposition. Mr. Ross moved that the permit be Stanted subject to the approval of the Building Inspector. Mr. Rowse seconded the motion and it was so voted. At 8:35 P.M. Mr. James A. Bailey, Mr. R. L. Ryder and the Town Counsel appeared before the Board. Mr. Bailey said he was responsible for this meeting as he thought it might be worth while to talk over the various Ryder cases. He said he was here principally in the capacity of Pres- ident of the Menotomy Trust Co. which had mortgages on three parcels of the Ryders► property in Lexington, -- the large house on Maple Street, the small house on Maple Street and the large house on Lincoln Street. He was Interested in finding out if the Board was open to a suggestion that the claim of the Ryders might be set off Ryder cases* against unpaid taxes. He was informed that the oustanding taxes amounted to $37,000.00, including interest and costs. Mr. Bailey said that he was a high tax payer in Lexington, paying $894.00 in 1937. In 1933 Ryder came to him regarding the maple Street house which was then un- emcumbered and a first mortgage was put on it. He brought up $2282. to take care of the 19310 1932 and 1933 taxes on the property. He thought the differences between the Ryders and the town should be ironed out if possible. He requested the Board to determine whether or not the door was open or closed on any possible adjustment. His suggestions were as follows:- He understood that the Ryders had brought suit agRinst the town on account of Vine Brook and that the Master hearing the case had found against the Town in a sum of approximately $10,000. if w Town was liable. After the Master made his finding the ' case .went -bef ore Judge Walsh and there was a finding against the Town. He said that Arthur P. Hardy, the Master, was a man of experience and without going into the facts himself, he believed that Hardy's findings were entitled to a great deal of weight. He believed that the Tom Counsel expressed the opinion that the tome had a 50..50 chance of prevailing on points of law and also understood that if the Supreme Court sustained the findings, the same liability would probably be incurred for an additional number of years. If the Town looses in this liability it will probably have a similar liability over a subsequent number of years. He suggested that the Vine Brook project be abandoned and that the Board consider setting off the claims of the Ryders how pending or future claims against the unpaid taxes. The Chairman said that the Board was always open to consider anything vh ich was of importance to the Town. He said he thought that Bailey should make sane specific suggestion as to what they wanted in order to release the taxes in connection with the withdrawal of all suits by the Ryders. Mr. Bailey said that he would have to refer to Mr. R. L. Ryder as neither the Menotomy Trust Company nor him- self could compel the Ryders to stop litigation. Mr. Ryddr said that it was at Mr. Bailey's suggestion that he waa here because he apprediated that the Town voted specifically against the agreement which was proposed before and -which was tied in with the Vine Brook project. He made up his mind that the Town of Lexington was not at the present time and might never be, interested in doing anything on Vine Brook. He made up his mind that he had made the last fight that he was going to make for it. He has abandoned all hope of the thing ever being done. He made up his mind and convinced his brother and they are now willing to waive all action by the Town on the Vine Brook project as a condition of any settlement and wipe out all present and future claims. They had a very strong feeling that their chances of winning the law suits were I D 1 better than the Town Counsel a matter of difference in o they did win, they could for, things to Vine Brook which of the project, and if they would have to pay a very sub They proposed to wipe out th made up of about $30,000.00 and costs. Four suits bro four or five thousand dollar siders that the town can col brought. In his opinion the could not be collected in an Town Clerkts figures, he had which would make some differs town would have to give up money than was involved in to getting rid of the suits, right of way through the p14 if this does not go through, of way continuing as it was will get an easement in Wal'. think it vias entitled to, bu the settlement. He said tha done, the Ryders would be s which never wazld be of any until the work was done. He wavied entirely the town wou for an indefinite time and f, were concerned. If the T oval these law suits, which he da it will be on a technicality The Chairman asked if h all the items which were in that there were in addition and south branches vhich he titular interest inasmuch as be done. The Chairman a s ked if h but that and he said yes. The Chairman told him t whether or not it wanted to The Town Counsel said that o� to go before the Town Meeti men might approve would have' Mr. Ryder said that if the before the Town Meeting it possible as the expense was Ing had been ordered, The T printing could not be stoppe' Messrs. Bailey and Ryde Mr, Clark moved that an be deferred for the present.; motion and it was so voted.' thought, but that was merely pinion._ He_did know that if ce the town to do certain would be the most costly parts did win, he thought the town stanti al amount of money, e taxes accrued up through 1837 includgng $6500.00 in interest ug ht by the Town Counsel involved s worth of taxes which he con- lect in the proceedings now re was $10,000. in there which y event and in checking the already found two mistakes ence. The amount which the would not involve much more the last agreement. In addition they would take care of the yground and skating rink and they will insist on the right originally intended. The town Cham Street vtAch he did not t which would be included in t if Vine Brook was never acrificing over 100 acres particular value,to anyone felt that if this project was ld be relieved of that expense or all time as far as the Ryders is successful and defeats es not believe they will do, is proposition was to include the agreement, Mr, Ryder said certain easements on the north assumed were now of no par - Vine Brook was not going to was including everything hat the Board would decide consider the* proposition, bviously the matter would have A and any agreement the Select - to go before the Town Meeting, natter was going to be brought should be done as soon as running on because the print. own Counsel said that the d now. r retired, y discussion on the matter Mr. Rowse seconded the 385 386 Mr. Wrightington.said that the town was being sued by one Marulli for an automobile accident on Waltham Street. The plaintiff is claiming that there were defects , in the street at the edge. Soar,, the driver of the auto- Marulli mobile, has signed a statement that they were not driving case, over the edge and that it was not the holes that caused the accident but something that happened to the steering gear. Marelli has had some swelling of his knee and claims $1,000. damages but has come down to $400.00. Mr. Wrig#tington said that if the case could be settled for $100.00, he thought it would be worth it. Mr. Ross moved that the case be settled for $100.00, but the motion was not seconded. Mr. Potter left the meeting at 9:15 P.M. Mr. Ross asked if there would be any objection if the New England Water Supply Co. had the work on Westview Reconstrue- Street done by a contractor and Mr. Raymond said he did tionofnot believe so but the work would have to be done under Westview St. County bupervision probably, or in accordance with County specifications. He said that there would be engineering expense and the $1500.00 estimate should be increased to $1600. ' to pay an Ins pector. Mr. Ross said that it would be all right if the Company merely agreed to pay all expenses and Mr. Raymond said that he would take the matter up with the County Commissioners to see what they wanted. ' Letter was received from the Town Counsel relative to the proposed changes in the O'Connell block in Lexington Center. The letter contained the Judge's charge to the jury, and the Judge concluded that repairs would be allowed but no structural changes. Mr, wrightngton said O'Connell that it was up to the Building Inspector to determine block. whether or not it involved any structural changes but that he would be justified in giving consideration to the opinions of others who are expert in that line of work if the Selectmen deemed it advisable. Mr. Ross moved that a copy of the letter be furnished the Building Inspector. Mr. Rowse seconded the motion and it was so voted, Mr* Eugene Viano appeared before the Board. He said that he would like to make sane changes in the sidewalk and curbing in front of the Colonial Garage and he under - Colonial stood that it was advisable to get permission from the garage Selectmen, before changing the present layout. He presented sidewalks. plans showing what he proposed to do. The Chairman read a condition in the Board of Appeals permit granted Viano on April 15, 1938 as follows: "That any re-arran gement of driveways or approaches should not result in making the total street line length of the drive- ' way approaches of the combined properties any greater than now exists," Mr. Viano said it was contemplated originally to remove the wall and put thel pumps on the Valentine ' property but they now find that it will not be necessary to move the wall and if the' line of the wall is carried down to the sidewalk, the walk can be out diagonally and the desired result can be obtained. The Chairman asked if the proposed changes conformed to a plan entitled "Proposed Yard Layout Coloi&1 Gara e, Lexington, Mass., Scale. 1 - 101and 4 - 11.101f , 2/24/38, Rev. 5/16/38 . Viano said that to conform to the plan it would be nec- essary to replace curbing at the other end of the property. Mr. Raymond said he did not',think the proposed change was a good plan as far as the town was concerned. There would be a ramp over 100 feet long across the pedestrians} sidewalk. He said the people were usually careful cross- ing sidewalks but there would be more than 100 feet where cars could cross. Viano said that his was the only garage in Lexington that bad curbing. He said that there was no U turn allowed in the center of the town and a great many people came down to the garage gnd turned around. Mr. Ross moved that Viano l s request to change the sidewalk end curbing in front of the ColoniAl Garage be granted as requested. Mr. ',Clark seconded the motion and it was so voted. Mr. Clark brought up the question of town employees working six full days a week. He said he brought the ' matter up last year and nothing was done about it. He said his point was that the employees would be given a more even week's pay all through the year if they worked a five day week. Upon motion of Mr. Ross, seconded by Mr. Rowse, it was voted that the following aote::should be adopted: In order to conserve departmental funds so that the employees may haveiithe most continuous employ- ment possible during this difficult year, the Board hereby orders that all town employees on an hourly basis shall work not exceeding forty hours per week, except in case of emergency, this to be effective June 20, 1938, The Chairman said that Police about the purchase o there were sufficient funds now to pay for them,, but if the year, it might be neces Rowse moved that the purcha approved provided they cool appropriation for the curre motion and it was so voted. he had talked to the Chief of iron claws and the Chief said in the equipment appropriation they ran short at the end of ary to ask for a transfer. Mr. e of the iron claws be ,be taken care of out of the t year. Mr. Ross seconded the 387 Employees put on 40 hour week. Police Equipment The Chairman stated that Katherine Harrington had requested no parking after nine P.M. on Clark Street beside Request her property. Mr. Clark moved that she be notified that for no ' the matter would be called to the attgntion of the Chief parking. of Police, but because of the fact that so many similar requests had been received and refused, it would be 388 necessary to refuse her request. Mr. Boss seconded the motion and it was so voted. Meetings. It was decided to meet at 7:00 P.M. from now on. ' Commitment of Water Miscellaneous Charges in the Commitment amount of $82.93 was signed by the Board. Public Welfare Abatement in the amount of $240.26 Abatement. was signed by the Board. The Board signed the following easement for right of way to Mill Brook: ORDER OF TAKING BY THE TOWN OF LEXINGTON OF A RIGHT OF WAY AND EASEMENT UNDER THE ACTS OF 1926, CHAPTER 263. WHEREAS by Ch. 263 of the Acts of the year 1926 entitled "An Act Relative to Improving the Surface and Ground Drainage in the Town of Lexington and in Adjoining Towns", said Town was authorized, among other things, to improve brooks, streams and water courses, and for the purposes set forth therein to take in fee simple or otherwise land or any right of easement in land, including any brook, stream, pond or water course or any part there- of; here-of; and WHEREAS the said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS Archibald R. Giroux, Albert W. Ross, William Mill Brook G. Potter, Philip M. Clark and A. Edward Rowse, citizens Easement, and residents of the said Town have been duly qualified and are now the oily elected, qualified and acting Board of Selectmen pursuant to law and the provisions of the Act above referred to,- and WHEREAS the Town on the 28th day of March, 1938, "Voted: That the Selectmen be authorized to dispose of surface drainage by the construction of drains or conduits and for that purpose to take lands or easements by Eminent Domain as follows: - Right of way to Mill Brook opposite Sylvia Street, Massachusetts Avenue from Taft Avenue easterly, and for the purpose of said construction the sum of $3,800. be appropriated and assessed." WHEREAS the Selectmen have determined the location of ' an easement to be taken for the construction oP a drain in private lands from Massachusetts Avenue to Mill Brook, as follows:. Beginning at a point in the northerly line of Massa- chusetts Avenue, said point being 126.90 feet easterly of 1 the easterly terminus of a curve of 1267.53 feet radius, thence N 40 291 04" E distant about 223 feet to a point on the southerly side of Mill Brook, for a distance of 5 feet on each side of saidline of location, all as shown on a plan entitled, "Plan of Proposed Easement for Drain from Mass. Ave. to Mill Brook, Lexington, Mass., June 6, 1938. Scale 1 in. z 40 ft.John T. Cosgrove, Town Engineer." WHEREAS the right of way and easement hereinafter taken are necessary for the'said purpose; f: 1 NOW, THEREFORE,, the sa and on behalf of the said T said Ch. 263 of the Acts of them thereto enabling, do h easement within the locatio the said plan, including th Selectmen of the said Town of the Town to enter upon, and use the land between sa: went as may be reasonably n constructing this drain, to thereon from time to time a and maintenance of the said d Board of Selectmen acting for 1wn under the authority of the 1926, and of every other power reby take the right of way and above described and shown on right on the part of the r other duly authorized agents ,ig up, open, excavate, fill d exterior lines of said ease- cessary for the purpose of ;ether with the right to enter may be necessary for repair public improvement. We determine that no damages have been sustained and none are awarded. TO HAVE AND TO HOLD the said right of way and easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever. IN WITNESS WHEREOF the'said Board of Selectmen have hereunto subscribed their names this 7thday of June, 1938. Archibald R. Giroux _. Albert A. Ross Al Edward Rowse Philip M. Clark COMMONWEALTH (F MASSACHUSETTS Middlesex, ss. On this 7th day of Jun above named Archibald R. G G. Potter, Philip M. Clark acknowledged the foregoing to be their free act and de the Town of Lexington, befo: , 1938, personally appeared the roux, Albert A. Ross, William ad A. Edward Rowse and severally nstrument and statement by them d and the free act and deed of me, James J. Carroll, Notary Public. 390 Messrs. Mitchell and Moree appeared before the Board Welfare. in regard to Welfare matters. The meeting adjourned at 11:50 P.M. A true record, Attest: Clark. L I