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HomeMy WebLinkAbout1938-08-02SELE CTME, N' S MEETING AUG. 2nd, 1938. A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, at 7:00 P.M. Chairman Giroux, Messrs. Potter, Ross, Rowse and Clark were present. The Clerk was also present. Mr. Carroll appeared before the Board for the drawing of jurors to serve at the Civil Session in Cambridge be- ginning Sept. 6, 1938, Mr. Eugene Loupret, Motor Vehicle Inspector, of 323 Bedford Street was the juror drawn to serve at the first session and Mr. William T. McCarthy, Accountant, of 8 Taft Avenue, was drawn to serve at the second session. Mr. Raymond appeared before the Board and stated that he had investigated the complaint of one Kargaard with regard to stones rolling down the hill on Lincoln Street. Mr. Raymond said that he went to the top of the hill and knocked the loose stones down with a stick so he thought there would be no more danger. Mr. Raymond reported that there were a few stones at the side of the road on Haskell Street at the present time. ' This is a private street and if someone is placing stones in the street maliciously, the Police Department should be notified. Mr. Potter moved that the Police Department in- vestigate the complaint regarding stones being placed in the middle of Haskell Street and report. Mr. Ross seconded the motion and it was so voted. Jurors Stones on Lincoln St. Stones on Haskell St. Mr. Raymond said he had been requested to report on the matter of placing overhead wires underground. He said Underground that there was nothing that the town could do in this and wires. that the matter was up to the Telephone Co. and Edison Co. Mr. Ross moved that the Telephone Co. and Edison Co. be contacted and requested to make a survey and report with regard to placing underground the overhead wires on Mass. Avenue from the Arlington line to Lexington center. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported -that notices regarding the side- Charlea St, walk had been mailed to the property owners on Charles Street sidewalk to be signed. Mr. Raymond reported that the policy for Public Liabil- ity insurance on town automobiles expired on August 19th. This previously had been placed with the Employerst Group Insurance through Helen C. Whittemore, agent. He said that he did not believe property damage was necessary. Mr. Potter moved that the policy be renewed through the same office and agent. Mr. Rowse seconded the motion and it was so voted. 436 Mr. Raymond said that there was a new law which stated that air tanks had to be inspected every two years and he Insurance wondered if the town wanted to place insurance on the air on air tanks owned by it. There are four at the Public Works tanks. Building, one at the Center Fire Station, one at the Franklin School, three in the Town Hall and three on portable eom- ressors. The insurance for three years would amount to 107.50 but to add it to the present boiler insurance policy until May 17, 1940, the cost would be $66.79. The town is not compelled to carry this insurance but it costs "3.00 for each tank inspected. There are not sufficient funds in the insurance appropriation to take care of this additional matter. Mr. Rowse moved that the insurance be placed sub- ject to the approval of the Appropriation Committee and their transferring sufficient money from the Reserve Fund to take care of it. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that as a result of his request for bids on sidewalk work, only one was received and that was Sidewalk from the H. F. Armington Co. The Highway Department bid bids. was practically the same as Armingtonts. In view of this fact, Mr. Ross moved that the work be dace by the Highway Department. Mr. Clark seconded the motion and it was so voted. 1 r Mr. Raymond said that when he talked to Mr. Ballard on Glen Road about constructing the sidewalk on his property, Ballard agreed orally that the town could cut some roots Ballard out of a swamp maple tree on the property line. The roots sidewalk. have lifted and cracked the old tar sidewalk. Mr. Raymond has now received a letter from Mr. Ballard stating that he has changed his mind and will not allow the town to cut the roots in the sidewalk. Mr. Raymond did not believe that the town should spend 50% of 'the cost of that sidewalk within ten feet of the tree. He did not believe the town should do the work unless Ballard agreed to pay 1001o.for a twenty foot strip near the tree. Mr. Rowse moved that Mr. Ballard be required to do this before the sidewglk is constructed. Mr. Potter seconded the motion and it was so voted. Mr. Raymond submitted forms to be given to the B.& M. Drain at R.R. in connection with the release for the maintenance of railroad. the drain under the railroad. Mr. Potter moved that the Chairman be authorized to sign the release. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that the Stockbridge Alumni wishdd Use of to use Cary Hall on November 19, 1938, for the purpose of Hall. holding a dance. Mr. Rowse moved that the use of the hall be granted on that evening subject to a fee of $40.00. Mr. Ross seconded the motion and it was so voted. Mr. Raymond presented a paper received from the P.W.A. P.W.A. authorities requesting information as to the exact eorpor- form ation name of the town, the official correspondent and the designated engineer. Mr. Rowse moved that Mr. Raymond fill out the paper and act as official correspondent. Mr. Ross seconded the motion and it was so voted. 1 r 437 Mr. Raymond said that before the previous Vine Brook town meeting, the question was raised as to whether or not ' the Selectmen of Burlington had been approached to see if they would object to the construction of the dam or dykes Vine Brook at Butterfield's Pond. He wondered if the Board wanted project him to contact the Selectmen of Burlington with regard to this matter. Mr. Ross moved that Mr. Raymond be authorized to contact the Burlington Selectmen and that he and Mr. Giroux talk to Mr. Albert Burnham to get his attitude on the Vine Brook project. Mr. Potter seconded the motion and 3t was so voted. Mr. Raymond said that the drainage improvements could be carried out without making an actual taking of 150 feet on Mr. Burnham's land. Mr. Clark wanted to know why it was necessary to make a 150 foot taking and Mr. Raymond said that that was the recommendation of the Vine Brook Drainage Committee. He remarked that he never has heard said why a 150 foot taking was necessary. The town would need some land along the side of the brook for maintenance purposes. Mr. Clark thought that the Board would be safer not to accept the entire recommendations of the Vane Brook Drainage Committee and would be safer in accepting the recommendations of Mr. Raymond and his engineers. Letter was received signed by ten property owners on Vine Brook Road stating that they had been seriously in- convenienced by having their cellars flooded during the Complaint - heavy rains. They requested that the town do something Vine Brook immediately to relieve the situation or they would find it Road. necessary to ask damages as well as a reduction in their assessments. Mr. Raymond said that it was quite evident that the sewer at some point or points was receiving large quantities of brook water. He said that in January of 1938 the water was within six inches of what it was last Monday but the water might have been higher Saturd#y. There was no leakage in January, however. He said he was fearful that the sewer had collapsed in at least one place and perhaps two but he is not quite sure yet where the breaks are. He suspected a collapse in the vicinity of Hayes Lane and another just above Vine Brook Road. He said there was no surcharge above Waltham Street and the guage was absolutely empty. Mr. Raymond reported that Mr. J. Nelson Berry had struck a hydrant at the corner of Oak and Carville Avenues causing Bill for damage in the amount of 1$51.05. He received a letter from hydrant. Berry's insurance company offering to settle for 80% of the amount of the bill. The only reason he Phew of for not paying the total bill was that a second-hand barrel was used. Mr. Ross moved that the offer be accepted. Mr. Clark seconded the motion and it was so voted. Mr. Raymond reported that complaint had been received Speeding - regarding speeding on Woburn Street near Manley Court. He Woburn St. recommended that two "thickly settled" signs be erected at a cost of :25.00. Mr. Ross moved that the recommendation be approved. Mr. Rowse seconded the motion and it was so vot ed. Letter was received from the W.P.A. requesting that the town approve $36.00 for its contribution toward the Music expense of emplaying two Lexington citizens on the Federal Project. Music Project of Mass. Neither of the two persons were welfare cases. Mr. Clark moved that the contribution be disapproved. Mr. Rowse seconded the motion and it was so voted. Letter was received from Stephen F. Hamblin stating Complaint that he was responsible for the property at 93 Hancock re drainage, Street and something would have to be done with the surface Hancock St, water on the street. He said that water cam from three streets and poured down across this property. The land is planted and the recent rains have caused great loss to the crops. Mr. Raymond said that if the town approved the funds, the W.P.A. drainage project already submitted would correct this condition. The Clerk was instructed to so advise Mr. Hamblin. Letter was received from Joel IN. Eastman, attorney for Jerry Cataldo. He said that Mr. Cataldo had requested him to present his claim for damages in the sum of $3000.00 against the town. He said the claim was based on the negligent Cataldo act of the town because it widened and deepened Mill Brook I claim. and failed to provide adequate drainage to care for the increased flow of water. The Chairman said he had talked to Cataldo and what he really wanted was to hurry up action by the Town of Arlington in removing the obstacles at the Arlington line. Mr. Rowse suggested that the Town Counsel attend the next meeting to discuss the matter. Mr. Ross asked Mr. Raymond if he had inspected Frank Busa Busa ' s complaint regarding damage to his property on complaint - Lincoln Street. Mr. Raymond said that he knew about it and W.P.A. when asked if a drainage project under V.P.A. could be done project. at this location, he replied in the affirmative. Mr. Ross moved that the project be submitted as a W.P.A. project. Mr. Potter seconded the motion and it was so eoted. Mr. Ross stated that the Government officials wanted curbing placed on Grant Street along the Post Office prop- erty. Mr. Raymond said that this would cost approximately Curbing at 0225.00 and that if it was authorized, it would be necessary Post Office to request the -Appropriation Committee for a transfer from property. the Reserve Fund. Mr. Ross moved that, the Selectmen approve the inst allat ion of curbing at this location and request the Appropriation Commit to e to transfer $225.00 from the Reserve Fund to pay for it provided the Government would construct granolithic sidewalks at no cost to the town. I 11r. Rowse seconded the motion and it was so voted. 439 At 8:30 P.M. Board of Survey hearing was declared open on the application of the Arlington Five Cents Savings Bank for the approval of a plan of Cherry Street extension, Cary Street extension, Taft Ave. extension, Aeriel Street ex- tension and proposed street at the rear of 134 Mass. Ave. Mr. L. G. Brackett, engineer for the Bank, was present, as were also four property owners in the vicinity. Mr. Brackett presented the plan dnd said that some of the lots Board of contained only 7500 square feet, but most of them were Survey larger than that. hearing. The Chairman read a letter from the Planning Board stating that that body had studied the situation on,paper and at the site. They approved the layout with the ex- ception of part of a proposed street where the grade was very steep. No persons wished to be recorded in opposition to the layout. The Chairman said that Mr. F. J. Thompson of Smythe Street was afraid that if the street was dead - ended near his property, the water would pour down onto it. Mr. Raymond said that certain easements would be necessary. Mr. T. A. Custance said that if it was possible to eliminate -the dead end street, he would be in favor of the layout. The hearing was declared closed at 8:55 P.M. Mr. Clark moved that Mr. Raymond look over the layout and submit his recommendation. Mr. Rowse seconded the motion and it was so voted. About ten property owners of land along Vine Brook ' appeared before the Board. The Chairman said he understood that the group was present to register complaints on flood- ing because of Vine Brook. Angelo Busa presented a letter showing that he estimated the damage to his crops at X2075.25. He said he had been planting his farm on Grant Street for eight years and for the first four years the brook was cleaned out. He said the flood went 150 feet over his land and he thought that if the brook was widened and deepened his farm would be dry. Mr. William Leary of Vine Street said that four or Complaints five years ago some work was done on Vine Brook and at that re Vine time there was an overflow only in a shower, but now when Brook there is an overflow it does not drain off. He said the Drainage* condition was getting worse each year. The Chairman asked Mr. Busa if he was putting in a claim against the town for damages and he replied in the affirmative. Mr. Leary stated that he was in the milk business and he was going to put in a claim for damages. His hay crop, pasture land and vegetable garden were ruined and he had ten acres under water now. He said he had not cut the first crop of hay and he always got two crops, but will not get any at all now. He had to cut corn today to feed his cows. He said that there was sewage on his land also which was caused by the town pumping from the trunk line sewer into flooded land. ' Mr. Ross asked how much the water had receded since the storms and Leary said about one foot on his property. Mrs. Charles Richards of Grant Street stated that a manhole was opened right outside her door and the sewage ran right through her land. She could not put her clothes out and her vegetable garden was ruined. She had a great many flies and mosquitoes. She said the odor was very bad. Mr. George Bailey of East Street said that it had been very wet on part of his property and the vegetables on his farm were covered with water. He said he had been there for twenty-five or thirty years and conditions were the worst he had ever seen. Mr. Clark asked if the water would run off all right if the brush was cut out of the brook. Mr. Leary said that would help but would not take care of the situation entirely. Mr. Leturmy said that he raised flowers and the water in his gardens was over his knees. Mr. Leary said that it would be foolish to clean out the ditches now as all of Vine Brook would run into them. The Chairman informed the group that the Board of Selectmen would recommend that the town drain Vine Brook. Mrs. Kinneen asked who authorized pumping sewage into Vine Brook and the Chairman said that the Selectmen mztho- ized it as the sewage was backing up into the houses on Grant Street and was causing a health menace. She asked if anything could be done to re li eve the situation immediately. Mr. Potter said the only remedy was to lower the brook. Mr. Ross said that a good percentage of the sewage in Vine Brook was not coming from what was pumped out of the trunk line but was coming from overflowing cesspools up above. The Chairman told the group that if there was a health menace on their land it would be remedied. They retired. Mr. Raymond appeared before the Board and the Chairman asked him if there was anything that could be done to kill the odor in the vicinity of the Kinneen and Leary prop- erties. Mr. Raymond said he did not believe that there was much of sewage origin on these properties but that there probably was rotted vegetation. He said that these people did not take care of their ditches and that hardly amybody in town did. Mr. Ross moved that Mr. Raymond be authorized to do anything necessary to relieve the odor. Mr. Rowse seconded the motion and it was so voted. The Plumbing Inspector appeared before the Board and stated that he would recommend increasing the charges for Plumbing plumbing permits. He presented a list of charges made in permit fees. other towns. He recommended that the fee for new plumbing construction be increased to 3.00; that the fee for alterations be increased to 2.00; and that the sum of $1.00 be charged for the replacemerxt of any one fixture. Mr. Lindstrom said that there was no charge made for about 25% of the permits issued. Mr. Potter moved that the Plumbing Inspector's recommendations be approved. Mr. Rowse seconded the motion and it was so voted. I - The Chairman stated that he had talked with Miss Eastman and Mr. Lyon Carter of the Public Health Assoc. regarding a W.P.A. project for household aids, and both felt that there was no need for such work. Mr. Clark moved that no action be taken on the matter. Mr. Potter seconded the motion and it was so voted. 441 Household Aid Project. The Board discussed the votes for the Town Meeting and the Chairman presented a table received from the Town Accountant showing the amounts vLich would have to be paid Vine Brook for the principal and interest on the issue of bonds. The votes. Board discussed the term of the notes and Messrs. Rowse and Ross recommended fifteen years; Messrs. Potter and Clark were opposed to that, however. Mr. Clark said he was opposed to such a long term because he thought the town would have so many other major projects to face in the coming years it would be better to pay for this project as soon as possible. Mr. Rowse moved that the bonds be issued for a fifteen year period. Mr. Ross seconded the motion. The Chairman being in favor, the motion was carried. Mr. Clark said that the City of Boston had received a grant of four million dollars as compared with the city contribution of one million for the Huntington Avenue sub- way under the W.P.A. He wondered why this project could not be done under W.P.A. Mr. Raymond said that it would not be done. They would not have the personnel and as the 'W.P.A. pays for labor only, the Town would have to hire trucks and machinery, etc. Mr. Ross said the cost to the town would be at least 25;6 more and Mr. Raymond said it would not be practical at all. Wire was received from Washington advising that the P.W.A. had approved a grant in the amount of X69,300. f or No. Lex. the North Lexington Sanitary Sewer. Upon motion of Mr. Sewer Potter,seconded by Mr. Rowse, it was unanimously voted Project. that the North Lexington sewer project be approved. Mr. Ross moved that the town's share of the cost, which is $84,700. be bonded for a period of ten years. Mr. Rowse seconded the motion and it was so voted. Mr. Ross retired at 11:10 P.M. The Board discussed Article 10 in the Warrant for the Town Meeting relative to the bequest of u300. under the Fiske will of Emma I. Fiske. Mr. Rowse moved that the Board Will recommend that the town accept the u300. in accordance with the terms of the will. fir. Potter seconded the motion and it was so voted. The Chairman said that one Edmond Poulin had contacted him and offered to sell the Aldrich property to the town Aldrich for 25,000. The Clerk was instructed to advise the man property that the matter had been brought to the Board's attention before and it was not interested in it. Letter was redeived from the Mass. Dept. of Public Works stating that the State Dept. would allow 05100. for State the improvement of Bedford Street on the condition that allotments. the rest, 44250.00, be contributed by the town and ,;;3400. by the County; also that the State was allowing $1000. for maintenance of Chapter 90 roads on condition that a like amount be contributed by the town and county. Letter was received from the Town Counsel relative to Watkins the case of George Watkins against the town for damage to claim a truck which was claimed to have hit stones on Hancock Street in front of J. Stuart Crandall's. Crandall has paid x;125.00 to Watkins and a release was obtained. Mr. Wrightington said that Crandall would pay his bill. Letter was received from the Arlington Dept. of Arlington Public Works advising that that town was negotiating for Dump land to be used for champing purposes and that Lexington would be advised when this had been accomplished. Letter was receivq&from the Dept. of Civil Service advising that Fred H. TWIlar and Frank J. Clare failed Sealer of to pass the examination for Sealer of Weights and Measures. Weights & The Department advised that Tullar's provisional temporary Measures. employment was terminated and requested that he be dis- charged. Mr. Rowse moved that a new examination be requested. Mr. Potter seconded the motion and it was so voted. Mr. Potter moved that Frederick H. Tullar be appointed provisional Sealer pending the new examination. Mr. Rowse seconded the motion and it was so voted. Letter was received from the Town Counsel in reply to the Clerk's inquiry regarding slaughter license fees. Slaughter Mr. Wrightington said that the provisions of G.L. Chapter house 94, Section 119 provided that the slaughter house license fee. license fee be $1*00. He said that the authority to assess a certain amount per head per animal slaughtered was contained in Sec. 120 of the same Chapter. Mr. Rowse moved that the vote of the Board of Selectmen of April 273, 1926 to make a charge of $�10. for a slaughter house license fee be rescinded and that in the future a charge of $1.00 be made in accordance with the Statute. Mr. Potter seconded the motion and it was so voted. Letter was received from the Appropriation Committee Transfer advising that the Appropriation Committee had approved the Board's request for a transfer of $13.44 for the Vine Brook Engineering Account from the Reserve Fuad. Letter was received from one Charles R. Alger offer- ing to buy lots 32-36 Rosemont for the sum of 050.00. Offer for Mr. Potter said that his committee recommended that these Lots lots be sold for 0100.00. Mr. Clark moved that the lots be offered to Mr. Alger for the sum of X100.00. Mr. Rowse seconded the motion and it was so voted. c Letter was received from Harry E. Johnson offering $450.00 for lots 135-142 inc. on bottler Avenue. Mr. Potter said that his committee recommended that these lots be offered to Mr. Johnson for his price plus the sewer betterment assessment of x,285.00. Mr. Clark moved that the recommendation of the committee be approved. Mr. Rowse seconded the motion and it was so voted. Letter was received from the dd.P.A. advising that the townts contribution for cloth used on the sewing project was reduced to 410. per month per worker. Upon motion of Mr. Rowse, seconded by Mr. Potter, it was voted to sign the following easements: ORDER OF TAKING BY THE TOWN OF L'ZXINGTON OF AN EASEMENT UNDER THE ACT SOF 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, by the construction of drains or otherwise to divert any ' surface or ground water in any brook, stream, pipe, con- duit or channel; and for the purposes aforesaid purchase or take, in fee simple or otherwise, land or any right or easement in land, including any brook, stream, pond or water course or any part thereof; and WHEREAS the said Tos^rn of Lexington duly accepted said Act in the manner provided therein; and IfflIAREAS Archibald R. Giroux, Albert A. Ross, William G. Potter, Philip M. Clark and A. Edward Rowse, citizens and residents of the said Town have been duly qualified and are now the duly elected, qualified and acting Board of Selectmen pursuant to law and the provisions of the Act above referred to; and 71HER.EAS the Town on the 21st day of Iclarch, 1938, voted: That the sum of 20,000.00 be appropriated and assessed for labor and materials on public works and for other expenses in connection therewith, the same to be expended by the Selectmen for aid to persons employed on various projects. MMREAS the Selectmen have determined the location of an easement to be taken for the construction and main- tenance of a drain in Hamilton Road between North Hancock Street and Ledgelawn Avenue, and in Ledgelawn Avenue be- tween Hamilton Road and a right of way to North Lexington Brook, as follows: - 443 Offer for lots. Sewing pro je ct. Hamilton RD. and Ledgelawn Ave. Drain Easement. 444 ' Beginning at a point in the southerly line of North Hancock Street, said point being the intersection of said southerly line of North Hancock Street with the center line , of Hamilton Road, thence S,280 071 40" W distant 530.00.` feet to a point, for a distance of 25 feet on each side of said line of location thence along the center line of Ledgelawn Avenue N 816 281 20" IN distant 306.00 feet to a point,, for a distance of 20 feet on each side of said line of location, connecting with an existing right of way for a drain to North Lexington Brook, all as shown 'on a plan entitled, "Plan of Proposed Easement for Outfall Drain in Hamilton oad and Ledgelawn Avenue and showing Right of Way 8 to North Lexington Brook in Lexington, Mass. April 25, 1938, scale 1 inch - 40 feet, John T. Cosgrove, Town Engineer". WHEREAS the right of way and easement hereinafter taken are necessary for the said purpose; NOW, THEREFORE, the said Board of Selectmen acting for and on behalf of the said Town under authority of the said Ch. 263 of the Acts of 1926, and of every other power them thereto enabling, do hereby take the right of way and easement within the location above described and shown on the said plan, including,the right on the part of the Select- men of the said Town or other duly authorized agents of the Town to enter upon, build and maintain a drain and dig up, open, excavate, fill and use the land between said exterior lines of said easement as may be reasonably nec- ' essary for the purpose of constructing the said drain and to change the volume and rapidity of the flow of any surface and underground water flowing in the said drain together with the right to enter thereon from time to time as may be necessary for repair and maintenance of the said public impr ovement . We determine that no damages have been sustained and% none are awarded. TO HAVE AND TO HOLD the said right of way and easeumnt to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever. IN WITNESS FuHEREOF the said Board of Selectmen have hereunto subscribed their names this 2nd day of August, 1938. Archibald R. Giroux William G. Potter Philip M. Clark A. Edward Rowse Commonwealth of Massachusetts Middlesex, ss. ' On this 2nd day of August, 1938, personally appeared the above named Archibald R. Giroux, William G. Potter, 1 A. Edward Rowse, and Philip M. Clark and severally acknowledged t.ie foregoing instrument and statement by them to be their free act and deed and the free act and deed of the Town of Lexington, before me, James J. Carroll Notary Public ORDER OF TAKING BY THE: TOWN OF LEXINGTON OF All EASEMENT UNDER THE ACTS OF 1926, CHAPTER 263. YVHEREAS 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, by the con- struction of drains or otherwise to divert any surface or ground water in any brook, stream, pipe, conduit or channel; and for the purposes aforesaid purchase or take, in fee simple or otherwise, land or any right or easement in land, including any brook, stream, pond or water course or any part thereof; and V1HEREAS the said Town of Lexington duly accepted said ' Act in the manner provided therein; and V1HEREAS Archibald R. Giroux, Albert A. Ross, William G. Potter, Philip M. Clark and A. Edward Rowse, citizens and residents of the said Town have been duly qualified and are now the duly eledted, qualified and actino Board of Selectmen pursuant to law and the provisions of the Act above referred to; and AREAS the Town on the 21st day of March, 1938, voted: That the sum of $20,000.00 be appropriated and assessed for labor and materials on public works and for other expenses in connection therewith, the same to be expended by the Selectmen for aid to persons employed on various projects. WBEREAS the Selectmen have determined the location of an easement to be taken for the construction and maintenance of a drain in Haskell Street between Crescent Hill Avenue and Lowell Street, as follows: - Beginning at a point in the northeasterly line of Lowell Street, said point being the intersection of said northeasterly line of Lowell Street with the center line of Haskell Street, thence N 630 411 4" E distant 340:00 feet ' to a point, for a distance of 20 feet on each side of said line of location, all as shown on a plan entitled., "Plan of Proposed Easement for Drain in Haskell Street, Lexington, Mass., April 24, 1938, Scale 1 inch - 40 feet, John T. Cosgrove, Town Engineer". 445 Haskell Street Drain Easement 446 CC WHEREAS the right of way and easement hereinafter ' taken are necessary for the said purpose; NOWS THEREFORE, the said. Board of Selectmen acting for and on behalf of the said Town under authority of the said Ch. 263 of the Acts of 1926; and of every other power them thereto enabling, do hereby take the right of way and easement within the location above described and shown on the said plan, including the right on the part of the Select- men of the said Town or other duly authorized agents of the Town to enter upon, build and maintain a drain and dig up, open, excavate, fill and use the land between said exterior lines of said easement as may be reasonably necessary for the purpose of constructing the said drain and to change the volume and rapidity of the flow of any surface and under- ground water flowing in the said drain together with the right to enter thereon from time to time as may be necessary for repair and maintenance of the said public improvement. Vie 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 2nd day of August, 1938. Archibald R. Giroux Phi;ip M. Clark A. Edward Rowse. Commonwealth of Massachusetts Middlesex, ss. On this 2nd day of August, 1938, personally appeared the above named Archibald R. Giroux, A. Edward Rowse, and Philip M. Clark and severally acknowledged the foregoing instrument and statement by them to be their free act and deed and the free act and deed of the Town of Lexington, before me, James J. Carroll Notary Public. Mr. Rowse moved that the petition of the New England Pole Tel. & Tel. Co. and the Boston Edison Co. for joint pole re - Location location of one pole on the Cambridge -Concord Highway approx- imately 30 feet easterly of Spring Street, the removal of 447 one pole in Springy; Street, and the relocation of one pole on Mass. Avenue opposite#1377, be granted subject to the approval of the Planning Board. Mr. Rowse seconded the motion and it was so voted. Letter was received from the Registrars of Voters advising that registrations would be held in the Town Office Dates Building on August 16th from 7 to 9 P.M.; at the Adams School of on August 23 from 7 to 9 P.Ml.; and at the Town Office Build- Registra- ing on Aug. 31 from 12 noon to 10-00 P.M. tion. The Clerk was instructed to invite Mr. Willard C. Hill to address the audience and award the prizes at the closing exercises of the playground on August 28th. The Clerk informed the Board that an analysis of water from the reservoir on Marrett Road showed a bacteria count of 125 and the water was therefor polluted and unfit for bathing. She said that she had ordered "swimming prohibited signs and they were posted this afternoon. Mr. Potter moved that the Clerk's action be approved. Mr. Rowse seconded the motion and it was so voted. Playground exercises. Swimming prohibited at Res. The Chairman reported that Major B. L. Child had passed away. Major Child was a veteran and he asked if Flag at ' the flags were to be half -masted the day of the funeral. half mast Mr. Rowse moved that the ;Flag at the Common be half -masted the day of the funeral. Mr. Ross seconded the motion and it was so voted. Commitment of water liens was signed by the Board. Commitment Messrs. Mitchell and Morse appeared before the Board Welfare to discuss welfare matters. Letter was received from L she regretted her inability to v by August'lst- She has'applied hearing to allow her to locate i town and a hearing will be held decided to take no action on the Board of Appeals hearing. i1a L.,OAKeefe saying that acate the Barnes property Barnes for a Board of Appeals Property n another section of the on August 12th. It was matter until after the The meeting adjourned at 11:55 P. M. A true record, Attest: L