HomeMy WebLinkAbout1938-09-201
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SELECTMEN 1S 1,4EETING
SEPT. 20, 1938
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, at 7:30
P.M. Chairman Giroux, Messrs. Potter, Ross, Rowse and
Clark were present. The Clerk was also pre sent .
The Town Clerk appeared before the Board for a drawing
of one juror to serve at the criminal session beginning Juror
on Sept. 26th. Mr. Fred N. Thomas, at home, of 40 Fletcher
Avenue was the juror drawn.
At 7:35 P.M. Mr. Harry Burgess and a Mr. Lawrence
from the W.P.A. office, appeared before the Board. The
Chairman said that Mr. Burgess was clAiming that there was
some money due him for work done under 11I. P. A. and he asked
Burgess when this shortage occurred. Mr. Lawrence said
that the shortage occurred between April 28 and May 17.
He said that Burgess went to work on the playground project
on April 7 and worked as a foreman. On April 28th a
supervisorts ticket came throuJi for Burgess but it was
assigned for the wrong project. The ticket was sent back
and was returned on May 17. Mr. Burgess put in his full
time, 44 hours a week, but was put through on the payroll
for only 28 hours a week. Therefor for three weeks, he
received 28 hours pay for 44 hours work. The Chairman
asked if any record was kept of this extra time and Mr.
Lawrence said there was not. The Chairman then asked how
the time dould be put -tn if no record was kept of it. The
Chairman asked if he was told to stay on the work. Mr.
Lawrence said he was not told not to stay. Lai,.-rence asked
Beach how Burgess could receive his pay and Mr. Beach said
the man could not receive it and told Lawrence to tell
Burgess that he could not receive it. The Chairman asked
if Burgess continued to work after that time and Mr.
Lawrence said that he did. Mr. Lawrence said that a man
could be paid for just what his ticket called for and no
more. The Chairman said that if a man could be paid for
only what his ticket called for, he wondered how Burgess
could expect to be paid. Burgess said it was several days
before anything was said. The fourth day he took the matter
up with Mr. Beach and worked only one-half day after that
in order to finish up his job. Burgess said he was claiming
that he was short 52 hours. Mr. Rowse asked how the Board
could be involved in the question as the Town had nothing
to do with it.
Mr. Raymond said that Burgess thought the Town owed
,/him the money. Burgess said he did not see why Mr. Beach
had not taken up the matter with the authorities and advise
him. He never questioned but what he would tet paid. The
Chairman asked if he had this same thin; happen last year
and he said that he did not. The Chairman asked how many
Burgess
pay
510
days Burgess worked after he was advised of the situation
and he said that he worked a day or two after that. The
Chairman asked where he thought the money was coming from
'
then to pay him. Burgess said perhaps he should not have
worked but the work was there to be done. There was not
much said., and he left the whole matter up to Mr. Beach.
Mr. Rowse said that the Board had tried to control some
things on the W.P.A. and had been unable to and he did
not see how it could do anything; on this matter.
The Chairman told the men that the matter would be
looked into, and they retired.
Mr. Raymond said that he talked the matter over with
Mr. Beach and he thought that the question of the four days
jibed all right and he believed that after that, Burgess
told Beach he had nothing else to do and might just as well:
work.
Mr. Clark said he thought the question was with the
0I.P.A. and if Mr. Beach thought Burgess was entitled to the
money lie should take the matter up with the Federal author-
ities. Mr. Rowse moved that the Selectmen take no action
on the matter and furthermore that the town would not be
responsible and would not pay for extra time spent on W.Y�.A.
work unless the work was authorized by the Supt..of Public
Works. Mr. Potter seconded the motion and it was so voted.
Mr. Raymond said that he felt there was only a slight
improvement in the collection of garbage. He understood
that the extra truck was on some days, but since the letter
'
Garbage
dated Sept. 7th was sent out which requested Mr. Bieren
Collection.
to live up to the terms of his contract, thirteen complaints
had been received. Mr. Potter said he talked with one of
the truck drivers who said that he told the contractor
the extra truck should be on all the time, but this was not
ordered.
Mr. Ross moved that the matter be left in the hands
of the Supt, of Public 'Norks and that he be given authority
to consult with the Town Counsel and then proceed to en-
force the terms of the contract. Mr. Clark seconded the
motion and it was so voted.
Mr. Raymond reported that the Town Engineer contacted
all the owners of property along the Vine Brook channel
and several say that they want the $1. and he did not
Vine Brook expect that the Board would refuse to pay that. Mr.
Takings. Bullock, who owns land near Sheridan Street, would not
sign off for .the period of two years, claiming that he
had bona fide offers for the property, so Mr. Ra�rtnond
changed the wording so as to read "April 1 1939'. The
Bullocks would require x;20. rental of the land for that
period. The work probably would not be through. by April.
1, 1939 but the Bullocks really expect they have a sale
and they do not want the property interfered with. The
contractor+s drawings have gone out and this lot is shown
as being available for use during construction. If that
use was withdrawn, Mr. Raymond thought that there might
511
' be a suit by the contractor unless he agreed before sign-
ing not to bring suit. He thought that the right was worth
020. After discussing the matter, Mr. Potter moved that
Mr. Raymond be authorized to go ahead and makea taking
on the Bullock land. Mr. Ross seconded the motion and it
was so voted.
Mr. Raymond submitted the engineering contract for
Vine Brook which he said Mr. Wrightington had approved. Mr. Contract
Potter moved that the contract be signed. Mr. Rowse seconded
the motion and it was so voted.
Mr. Raymond also submitted the engineering contract
for the North Lexington Sewer pro ject, but Mr. Rowse thought Sewer
that the contract should be approved by Mr. Wrightington Contract
before the Board signed it, and so moved. Mr. Ross seconded
the motion and it was so voted.
Valley
Road
Hardy Ia
Pond
Brook.
' Mr. Raymond reported that he had written to Mr. Wright-
ington relative to the request of property owners on Valley
Road that the stbeet be made passable. Mr. Wrightington
said that the mere f act that Valley Road had been used for
more than twenty years as a way imposed no obligation upon
the town to do anything to it. If repairs are made upon
the way the town is prevented from denying that it is a
public way. He said that the town was not concerned with
'
action of private owners with respect to their own land
and private ways and if some owners had barricaded the way,
the remdy of those who were interfered with was by civil
litigation at their own expense. I6ir. Raymond said that
there was a private way sign up on the road. He said
that the Board could go further and lay nut a way. Mr. Rowse
moved that Mr. John 11ay be notified that the town had no
legal right to go in the street, and that it had no right
to force opening of the road and further, that the only
opening the Board had was to lay out a way which would make
the property owners liable for betterment assessments. Mr.
Potter. seconded the motion and it was so voted.
Mr. Raymond said that he had received reports from the
following farmers 'owning land near Waltham Street: Lima,
Silva, Carroll and Ferrazanni. They complained about the
wet land. They are farmers owning certain lands west of
Waltham Street and have learned that it is not proposed to
carry the Hardyts Pond Brook project up past their lands.
They asked him to request the Board to consider the ex-
tension of the ditch up as far as the Lima properties,
which would be the southerly end of Valleyfield Street.
They all admit that the land had always been wet but
'
claimed that some of the water came off the highway. Mr.
Raymond was not sure that this could be approved as a W.P,A.
project because it benefitted private land entirely. There
would also be considerable expense to the Town as it would
Valley
Road
Hardy Ia
Pond
Brook.
512
Vine Brook
Easement.
be a machine job., Mr. Raymond said that water got down
in there, but not througji any artificial channels. Mr. '
Ross asked if the -property owners would be willing to pay
part of the cost, and Mr. Raymond said they were asked
that but they said they had no money. Mr. Rowse moved
that no action be :taken on the matter. Mr. Clark seconded
the motion and it was so voted.
Mr. Raymond presented the order of taking for Vine
Brook Drainage vkiieh he said the Town Counsel had approved.
He said that this .was for a minimum taking and there was
no fee in any land. Upon motion of Mr. Ross, seconded by
Mr. Potter, it was voted to adopt the order in the following
form:
ORDER OF TAFSNG BY T07N OF LEXINGTON
RIGHTS OF 'NAY AND EASETZNTS UNDER THE ACTS
OF 1926 CHAPTER 263 and 3897 CHAPTER 504 AS
At,M PT ILD.
WHEREAS BY Chapter 263 of the Acts of 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 thin6s, 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 thereof; and
11&1EREAS, by Chapter 504 of the Acts of the year 1897,
entitled "An Act to authorize the Town of Lexington to con-
struct a system of sewerage", as amended, said Town was
authorized, among other things, to lay out, construct,
maintain and operate a system of sewerage, with the powers
and authority set forth in said Act, including full power,
through its Board of Sewer Commissioners, to take by pur-
chase or otherwise any land, rie}its of way and easements
in said Town necessary for the establishment therein of a
system of sewerage or sewage disposal or for any of the
purposes mentioned in Section 1 of said Act; and
:'.1HEREAS the said Town of Lexington duly accepted said
Acts in the manner provided therein; and
r IXILREAS the system hereinafter referred to as about to
be constructed, . and plans showing in detail the work to be
done in constructing the same, have been duly approved by
the State Board of Health; and
01EEREAS, by Chapter 277 of the Acts of the year 1909,
which was duly accepted by a majority of the voters of said
town in the manner provided in Section 5 thereof , the then
Board of Water Commissioners of said Town and the Board of
Sewer Commissioners elected under the provisions of said
Act (Chapter 504 of 1897) were consolidated in one Board
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513
to be called the Board of Water and Sewer Commissioners,
with the provision that all the powers and duties of said
' Board of Sewer Commissioners should thereafter devolve upon
said Board of Plater and Sewer Commissioners; and
WHEREAS, by Chapter 1 of the Acts of the year 1922,
which was duly accepted by a maj ority of the voters of
said Town in the manner provided in Section 5 thereof, the
powers and duties of the Water and Sewer Commissioners
were assigned to the Board of Selectmen as a Board of Public
Work s ; and
`�IHEREAS 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 gyalified and
are now the duly elected,,qualified and acting Board of
Selectmen pursuant to law and the provisions of the Acts
above referred to; and
WHEREAS the Town Meeting of Lexington on the 8th day
of August, 1938, voted to take up together articles 3 to
7 of the warrant for the said meeting and to eliminate from
the following votes the references to specific articles of
the said warrant and thereafter the following votes were
duly adopted by more than a two-thirds vote: -
"FURTHER VOTED: That the Selectmen be authorized in
the name of and on behalf of the Town to acquire by purchase
'
or eminent domain for surface and sanitary drainage purposes
any or all of the land on both sides of Vine Brook as follows:
(a) on the relocated North and South Branches of Vine Brook
from Marrett Road to Vine Brook Road for an aggregate width
not exceeding one hundred and fifty feet; (b) from the
easterly side of Waltham Street to the location described
under (a) of this vote for an aggregate width not exceeding
sixty feet; (c) from Vine Brook to Massachusetts Avenue for
an aggregate width not exceeding fifty feet; (d) from the
land of the Town on which stands the Town Office Building to
Hayes Lane for an aggregate width of twenty-five feet; (e)
from Hayes Lane to East St. for an aggregate width not ex-
ceeding one hundred fifty feet; (f) from East Street to
North Street for an aggregate a-Idth •not exceeding fifty feet;
(g) temporary leasehold interest in adjoining land for use
during construction and to deepen, widen, straighten, and
relocate the parts of the channel of the said Vine Brook
and its North and South Branches within the said takings,
to change its location from its present channel, to oonstruct
closed ebnduits in place of open channels and to change the
direction, volume and rapidity of the flow of the said Brook,
and its said Branches, and of any surface or underground water
flowing into it, and to construct drainage improvements
'
in and adjacent to Vine Brook extending from Winthrop Road
Extension so-called on the South Branch and Waltham Street
on the North Branch to North Street, including the construction
of a conduit in place of an open channel from the junction
of the North and South Branches to Hayes Lane, substantially
z
314
as recommended by the Vine Brook Drainage Committee in a
report received by the Town, September 27, 1937, and that
- the Selectmen be authorized to do such work as may be re-
quired to restore and maintain or supplement existing
,
private water supplies now in use (exclusive of operating
expenses) which may become diminished or impaired as a result
of the construction of the proposed Vine Brook Channel; to
grant rights of way and to lay out such streets and ways
across the lands to be acquired under this vote as may be
deemed advisable, and for the purpose of meeting the cost of
such construction the sum of $273,000.00 be appropriated, of
which 29,600.00 shall be for land acquired; also under
Article 4. VOTED: That the Selectmen be authorized on behalf
of the Town to purchase or take by eminent domain lands or
the right or easerpent in lands to constrict at the outlet
of Butterfield's Pond at Lowell Street a dam to create a
storage basin for flood flows of Vine Brook and the right
to flow the land under and adjoining the said Butterfield's
Pond and its tributaries to the level of elevation one hundred
and seventy-six feet above mean sea level, and that the
Selectmen be authorized in the name of and on behalf of the
Town to execute contracts for the construction of such a dam
and appurtenant works, and that for that purpose the sum of
w30,000.00 be apt ropriated, of which 4Q10,000.00 shall be for
land and flowage rights acquired; also under
Article 5. VOTED: That the Selectmen be authorized to con-
struct a conduit to enclose the North Branch of Vine Brook
from the west side of Waltham Street to the junction of
the North and South Branches,,, and that for that purpose the
sum of $17.,000.00 be appropriated; also under
Article 6. VOTED: That the Selectmen be authorized to
construct a low level sewer from a point about two huhdred
and ten feet (210f) east of Hayes Lane to a point about
two hundred and twenty feet (220 1) south of Vine Brook Road
near the conduit to be constructed for Vine Brook as author-
ized by this meeting and to acquire by purchase or by taking
by eminent domain any necessary easement therefor, and that
for that purpose the sum of $25,000.00 be appropriated; also
under
Article 7. VOTED: That for the purpose of meeting the
appropriations voted under Articles 3 to 6 inclusive, the
Town Treasurer, with the approval of the Selectmen, be and
hereby is authorized to borrow X163,000. under authority of
and in accordance with the provisions of Chapter 50 of the
Acts of 1938 and to issue bonds or notes of the Town therefore
payable in not more than fifteen years at such terms and
maximum rate of Interest as may b e fixed by the Emergency
Finance Board. '
All moneys received by way of grant from the Federal
Government on account of this project shall be applied first
515
to meet the cost"of construction thereof and any balance
(2} The location line begins at a.point in the easterly line
of Waltham, Street, said point beim about 38 feet southerly
of the center line of Forest Street if extended., thence 11
870 361 41" E distant about 683 feet to a point, and for a
width of 35 feet southerly and 25 ,feet northerly of said
location line, in lands now or formerly of Lulu M. Blake,
Charles W. Ryder and Robert L. Ryder, Trustees, Lexington
Estates Trust,, and and.
Real Estate Trust, Robert L.
Ryder, Trustee. (Reg. Land Ctf. No 16387 - Book 104 -
Page 277)
(3) The location line begins at a point in the, northeasterly
line of Vine Brook Road, said point being about 252 feet
northwesterly. of the center line of Sherburne Road if extended,
thence N 150 581 11" E distant about 358 feet to .a point
in the southwesterly line of Massachusetts Avenue said point
being about 126 feet northwesterly of the -center line of
shall be applied to the payment of the loan herein authorized.
The Selectmen are hereby authorized and directed to
accept on behalf, of the Town, for use in carrying out such
project, a Federal grant of money, pursuant to the Public
Works Administration Appropriation Act of 1938; and the
Selectmen are authorized to proceed with the construction
of said project. -and to enter into all necessary and proper
contracts and.agreements in respect thereto, all subject to
applicable Federal regulations; and the Selectmen are author-
ized to do all other acts and things necessary or convenient
for obtaining said grant, making said loan, and constructing
said 6ject.n
MIEREAS the Selectmen have determined the location of
easements to be 'taken for the construction of drains and
open channels for Vine Brook and portions of the North and
South Branches, and for a low level sewer between the junction
of the North and South Branches and a point easterly of
Hayes Lane as follows; (Eight adscriptions)
(1) The locationline begins at a point in Winthr�op Road
about fifteen feet south of the northerly line of s*id
Winthrop Road, thence N 260 561 1111 E distant 962.87-, eet
to a point of curvature, thence bearing to the left vd a
curve of 453.17 feet radius distant 126.12 feet to a point
of tangency, thence N 100 591 2611 E distant about 120 feet
to a point in the 'southwesterly line of Vine Brook Road said
point being about 240 feet northwesterly of the center line
of Sherburne Road so-called, said easement extends from t�he
northerly line of said Winthrop Road for a width of 30 febt
southeasterly and 170 feet northwesterly of the first described
line, thence de.c-reasing to 20 feet southeasterly and 40 'feet
northwesterly at the southwesterly line of Vine Brook Road,
in lands now or formerlyof Ch e v Roberts L.
Ryder, Trustees, Lexingon Est a�n 2ihZ�'�� a'fid' 2n MiReal
Estate Trust, Robert L, Ryder, Trustee.—(Reg. Land Ctf. No.
16387 - Book 104 i-3Page 277)
(2} The location line begins at a.point in the easterly line
of Waltham, Street, said point beim about 38 feet southerly
of the center line of Forest Street if extended., thence 11
870 361 41" E distant about 683 feet to a point, and for a
width of 35 feet southerly and 25 ,feet northerly of said
location line, in lands now or formerly of Lulu M. Blake,
Charles W. Ryder and Robert L. Ryder, Trustees, Lexington
Estates Trust,, and and.
Real Estate Trust, Robert L.
Ryder, Trustee. (Reg. Land Ctf. No 16387 - Book 104 -
Page 277)
(3) The location line begins at a point in the, northeasterly
line of Vine Brook Road, said point being about 252 feet
northwesterly. of the center line of Sherburne Road if extended,
thence N 150 581 11" E distant about 358 feet to .a point
in the southwesterly line of Massachusetts Avenue said point
being about 126 feet northwesterly of the -center line of
516
',Yallie Court, end for a width of 12 feet southeasterly and
18 feet northwesterly of said location line, in lands now
or formerly of Lexington Real Estate Trust, Robert L.
Ryder, Trustee (Reg. Land Ctf. No. 16387 — Book 104 -
Page 277) ','Villiam M. and Alice S. Crawford, Catherine T.
McDonald, Anstiss S. Hunt et al, BerthaM. Baker and Colonial
Garage, Inc. (Reg. Land Ctf. No. 34330 - Book 229 — Page 505)
V/ (4) The line
center begins at a point in the southerly line
of the Boston and Lowell R.R. Corp. property, said point being
about 112 feet easterly of Vine Brook, thence N 600 161 31"
E distant about 126 feet to a point of curvature, thence
bearing to the left with a curve of 50 feet radius distant
17:37 feet to a point of tangency, thence N 406 221 31" E
distant about 105 feet to a point in the southwesterly line
of Sherman Street, in lands now or form rl�' of the Boston
Lowell
and R.R. Corp., Walter H. Peirc , .fid Alice M. Crawley,
and for a width of 10 feet on each sidof the center line in
the property of the Boston and Lowell R.R. Corp. and for a
width of 12.50 feet on each side of the center line in the
other properties.
(5) The Center line begins at Vine Brook and extends south-
easterly distant about 147 feet to a point along the property
line between the Boston and Lowell R.R. Corp. and lands now
or formerly of Walter 4. Peirce, et:al, and°Enelie DOVeau .and
for a width offive feet,on each --side of the center line,,,,
(6) The center line begins at a point in the northeasterly
line of Sherman Street, said point being about 146.feet
northwesterly of the westerly side line of Sheridan Street,
thence N-400 22' 31" E distant about 311 feet to an angle
.point in the center line of Sheridan Street, thence N
460 12' 31" E distant 124.98 feet to a point of curvature,
thence bearing to the left with a curve of 50 feet raAius
distant 11:83 feet to a point of tangency, thence N 320
39' 01" E distant 94.04 feet to an angle point, thence N
270 50+ 31" E distant 200.91 feet to an angle point, thence.
N 420 50' 31" E distant 119.37 feet bo an angle point, thence
N 490 501 16" E distant 368.83 feet to a point in Hayes Lane,
said point being about 107 feet southerly of the southerly
line of Grant Street, and for a width of 12.50 feet on each
side of the center 'line, in lands now or formerly of Annie
McClure, George C. McKay, Christy Hallos, Esther R. Barnes
et al, Herbert Dalrymple, James L. Douglass, John L. Pichette,
Kelly Coal Company, John Bullock et al, Lowell Co-operative
Bank, Grace G. Knight, John J. and Richard G. McCormack, Grace
L. Haynes, Arthur J. and Mary C. Roeque, Marion A. Burke,
Genevieve R. Keene, Lexington Co-operative Bank, Watertown Co-
operative Bank, Luigina Coscia, Maurice P. Ahern and Bertha
V. Pichette.
(7) The center line begins at apoint in Hayes Lane, said
'
point being about 107 feet southerly of the southerly line
of Grant Street, thence N 490 501 16" E distant 59.71 feet
517
to a point of curvature, thence bearing to the right with a
' curve -of 100.00 feet radius distant 39.66 feet to a point of
tangency, thence N 720 33' 46" E distant 284.96 feet to a
point of curvature, thence bearing to the left with a curve of
566.21 feet radius distant 315.57 feet to a point of tangency,
thence N 400 371 46" E distant 375.00 feet to a point of cur-
vature, thence bearing to the right with a curve of 706.02
feet radius distant 266.78 feet to a point of tangency, theee
N 620 161 46" E distant 705.00 feet to a point of curvature?
thenee,bearing to the left witha curve of 841.62 feet radius
distant 367.31 feet to a point of tangency, thence N 370 161
46" E,distant 508.00 feet to a point of curvature, thence
bearing to the left with a curve of 442.05 feet radius distant
511.97 feet to a point of tangency, thence N 290 04' 44" W
distant 528.33 feet to a point of curvature, thence bearing to
the right with a curve of 681.40 feet radius distant 249.15
feet to a point of tangency, thence N.80 07' 44" W distant
458.17 feet to a point of curvature, thence bearing to the left
with a curve of 862.13 feet radius distant about 163 feet to,
a point in the southerly line of East Street said point being
about 280 feet easterly of the center line of Grant Street,.
and for a width of 50 feet on each side of the center line,
in lands now or formerly of Della F. Thurston, Madgeline M.
McCrea, Thomas C. Buckley, Sarah C. Mabey, Louis Leturmy,
Bridget J. McKearney et al, Angelo and Antoinette Busa, Thomas
Cavanaugh, Elmina and Howard M. Munroe, Josephine Bailey,
Enrico Maiocco et al, John Morrow, Jr., Paul Bowser, and Celia
G. O'Brien.
(8) The center line begins at a point in the northerly line
of East Street, said point being about 260 feet easterly of
the center line of Grant Street if extended, thence bearing
to the left with a curve of 862.13 feet radius distant about
215 feet to a point.of tangency, thence N 350 42' 29" W
distant 426.01 to a point of curvature, thence bearing to the
right with a curve of 401.29 feet radius distant 310.04 feet
to a point of tangency, thence N 80 331 31" E distant 672.24
feet to a point of curvature, thence bearing to the right
with a curve of 515.54 feet'radius distant 251.34 feet to a
point of tangency, thence N 360 291 31" E distant about 372
feet to a point in the southwesterly line of North Street,
said point being about 140 feet southeasterly of the center
line of Adams Street, and for a width of 25 feet on each side
of the above described center line, in lands now or formerly
of 'Nilliam E. Fiske, Oscar B. Kenrick, Albert H. Burnham, and
Jenny E. H. Brown and Lilya Hightower.
All as shown on sheets 1 to 5 inclusive entitled "TOWN
OF LEXINGTON, MASSACHUSETTS, PLAN SHOWING LAND & EASEMENTS FOR
THE VINE BROOKCHANNEL AND CONDUITS AND FOR A LOW LEVEL SEWER"
and dated August 31, 1938 and signed, John T. Cosgrove, Town
' Engineer.
WHEREAS the rights of ways and easements hereinafter
taken are necessary for the said purpose;
518
NOW, THEREFORE, the said Board of Selectmen acting for
and on behalf of the said Town under authority of the said
Chapter 263 of the Acts of 1926 and Chapter 504 of the Acts
of 1897 as amended, and of every other power them thereto
enabling, do hereby take rights of way and easements within
the locations above described and shown on the said plans, as
follows, viz; the right on the part of the Selectmen of the
said Town or other duly authorized agents of the Town to
enter upon, build and maintain conduits; channels and sewers,
and to dig up, open, excavate, fill and use the land between
the said exterior lines of said easement as may be reasonably
necessary for the purpose of constructing said conduits,
channels and sewers together with the right to enter thereon
from time to time as may be necessary for repair and mainten-
ance of the said public improvements and to change the
direction, volume and rapidity of the flow of the said brook
and its said branches and of any surface and underground water
flowing into the said brook or the said channels and conduits,
and the right within or without the takings above described
and in addition thereto within the lands now or formerly of
William J. Leary, Samuel G. Thompson, and Robert Innis and
Dougal McLennan now occupied by the existing Vine Brook Channel
to fill in existing ditches and brook channels which are to be
abandoned as shown on the said plans, to install pipes, and
construct such ditches as may be required to connect existing
ditches and water courses with the proposed channel and con-
duits as may be necessary. Trees within the said locations
are included in this taking.
No assessments for betterments are to be levied for said
improvement.
We determine that no damages have been sustained and none
are awarded.
TO HAVE AND TO HOLD the said rights of way and easements
to the Town of Lexington, its successors and assigns, to its
and their own use and behoof forever.
IN WITNESS WFEREOF the said Board of Selectmen have
hereunto subscribed their names this 20th day of September,
1938.
ARCHIBALD R. GIROUX
ALBERT A.ROSS
WILLIAM G. POTTER
A. EDWARD ROWSE
PHILIP M. CLARK
Commonwealth of Massachusetts
Middlesex, ss.
On this 20th day of September, 1938, personally appeared
the above named Archibald R. Giroux, William G. Potter, Albert
A. Ross, 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
(Term. March 14. 1945)
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Mr. Raymond said that Thomas Kelley of East Street was
complaining about the black ash tree in front of his house
' which was dangerous. He came in some time ago and complained
about it and he did not understand that there was any claim
from Kelley that the tree was on town land other than that
the branches overhung the street. Kelley maintained that he
could not trim the branches bedause they were on public land.
Mr. Raymond told him that he could do it and was responsible
for it. Mr. Garrity looked the tree over and thought it was
all right if some of the dead branches were removed. Kelley
came in yesterday and said that one of the large branches
broke off and Mr. Raymond thought that was his way of saying
that the tree was dangerous. Mr. Raymond said this morning
a large limb came down across the street but no one was hurt.
The street was blocked and the town cleared away the debris.
Mr. Kelley came down and asserted that the tree was 90%
within the town way. Raymond told him that that made a dif-
ference but he had some doubt about it being on a town way.
The Town Engineer checked the matter and he says definitely
that the tree is on land of Kelley. He examined the tree and
said it was dangerous and it would be wise to remove it. The
owner of the land is responsible for the tree and if notice
is sent that the tree is a hazard and he is requested to make
it safe, the town till not then be liable in case anything
happens.
Mr. Potter moved that Kelley be notified that the tree
' was dangerous and ordered to remove it. Mr. Rowse seconded
the motion and it was so voted.
Letter was received from J. Carlson of East Street re-
questing that the town remove two Elm trees so that the Maple
tree on his property will have a chance to grow. Mr. Ray-
mong said that one tree was on land of the town and the other
on Carlson's land. They are not dangerous but are affecting
the shape of the Maple tree. Mr. Carlson believes that the
elms are less desirable than the maple. It was decided to
take no action on the matter for one week.
519
Kelley
tree
Carlson
trees
Mr. Raymond read a letter from Mr. Beach relative to
unemployed registering at the Cambridge Armory for work
under the P.W.A. The Chairman said he thought the Board Men on
should see to it that the W.P.A. men were advised to make P.W.A.
such they were registered. He then asked if the unemployed work.
men in the town could register and Mr. Raymond said that they
could. The Chairman asked if it would be wise to advertise
the registration in the local paper and the unemployment
office advised against it.
Mr. Raymond said that he had checked up on the petition
of the Boston Edison Co. and the New England Tel. & Tel. Co.
for permission to have three joint pole locations on the
' Cambridge -Concord turnpike. He said that the poles were
required for a new house and it was no doubt planned to put
up the three poles on the same side as those now there and
to have the wires cross the highway. Mr. Potter asked why
Pole
locations
520
Approp.
Act.
Liberty
Heights
sewer
the service could not come from Blossom Street, and Mr. Ray-
mond said that if it did, two poles would be required on
this man's land. Inasmuch as the hearing on the petition is
schedule for next week, no action was taken on the matter.
Letter was received from the V.F.W. requesting that
the Selectmen see that the Town of Lexington lived up to the
provisions of Sections 10, 11 and 15 of the W.P.A.-P.W.A.
Appropriation Act. This is the Act which states whom shall
be given preference in the matter of employment on such
projects. He read a letter from Mr. Beach stating that so
far as he knew the provisions of this Act had been lived up to.
Mr. Rowse moved that the organization be informed that
there had been no violations of the Act on the part of the
Town of Lexington, but if the organization had reference
to specific cases, the Board should be notified. Mr. 'Potter
seconded the motion and it was so voted.
Mr. Raymond said that he had made studies of the Liber-
ty Heights sewer project and said that the cost would be at
least 30,000. X number of people said that they werenot
interested in the sewers on the badis of the present assess-
ment laws but would be interested if the sewers were built
under W.F.A. or P.W.A. He asked Mr. Wrightington whether,
if a project was submittdd for sewers and Federal aid re-
ceived and the sewers built, the town could make an asess-
ment other than under the present act. He received a reply
advising that there was no alternative method of assessment.
Mr. Rowse thought that if the people were not willing to
pay for betterment assessments, the town should not lay the
trunk line sewer. Mr. Raymond asked if the Board wanted this
drawn up as a W.P A. project and submitted. Some of these
sewers are in private streets and he doubted if they would be
approved. The cost to the town will be smaller.. but the
assessments to the property owners will be the same. Mr.
Ross moved that the project be submitted as a W.P.A. project
but the mction•was not seconded. Mr. Raymond asked if he
should get out assessment lists and he was told to do so.
The Chairman said that Mr. T. A. Custance had requested
that he write the construction engineer on the Post Office
Sidewalks and request that they consider installing the granolithle
at Post sidewalks in front of the Post Office at the set -back line
Office established in 1926. The Chairman said that he had not
done so inasmuch as he desired the approval of the Board
first. Mr. Raymond said that if the Town could get the money
from the Federal Government and then go through with the wid-
ening it w6uld be all right. Mr. Rowse moved that no action
be taken until the whole project can be done. Mr. Potter
seconded the motion and it was so voted.
The Chairman said that Mrs. F. R. Kimball told him: that
at a meeting of the Red Cross held recently, it was voted,
to request the town to allow that organization to have
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office space in the Barnes property, and she also asked if Red Cross -
they would be allowed the use of a telephone. He said that space at
the V.F.W. and American Legion were also requesting the use Barnes
of a room in the Barnes property. The Chairman said that property.
If the Board was going to allow the Red Cross to have
quarters there, there probably would be a question of allow-
ing the lublic Health and other organizations to have quarters.
Mr. Raymond said that no doubt there would be space available
And it would be more economical to give them a meeting room
in the Barnes property.
Mr. Rowse moved that Mrs. Kimball be advised that inas-
much as the Board has not yet formulated a policy on the use
of the Barnes property, it will be impossible to give any
decision on the request of the Red Cross at the present time.
Mr. Potter seconded the motion and it was so voted.
The Chairman said that Sept. 23rd was the 85th birth-
day of George W. Spaulding, a former Selectman in Lexington. Spaulding
He asked if the Board wished to make recognition of the
event. Mr. Potter moved that the Selectmen extend the
greetings of the Board to Mr. Spaulding on this occasion.
Mr. Clark seconded the motion and it was so voted.
Letter was received from the Town Counsel in reply to
the Chairman's letter asking if the Selectmen should accept
a proposal on the Vine Brook Drainage project from A. Ross
& Son, Inc. while Albert A. Ross was a member of the Board Opinion
of Selectmen. Mr. Wrightington said that he thought the re bid.
Board should not refuse to take a bid which purported to
come, from A. Ross & Son, Inc. because the Board could not
know definitely from whom the bid was received until it was
opened and the signature examined. In his opinion, the
Board should open and examine the bid with the others. If
Mr.. Ross was still a member of the Board at the time the
bid was opened, he believed the contract should not be awarded
to A. Ross & Son, Inc. whether or not it was the lowest
bidder. In his opinion, a contract so awarded could be
avoided. He believed that there was nothing in the Federil
statute or regulations of the P.W.A. which would oblige the
town to award a contract to a low bidder in violation of its
by-laws. Mr. Ross informed the Board that his firm had
definitely decided not to submit a bid.
Letter was received from the Town Counsel regarding
the failure of Daniel J. O'Connell to separate rain water
from sewage. O'Connell informed him that the matter was
in the process of correction and he hoped to have it done
within a week and would let him know when it was finished.
The Clerk was instructed to have the Plumbing Inspector sub-
mit a report on the matter for the next meeting.
O'Connell
violation.
' Application was received from the Lexington High School Use of
Football Injury Committee requesting the use of Cary Hall Hall
on November 25th for the purpose of holding a dance. Mr.
Potter moved that the use of the hall be granted free of
charge. Mr. Ross -seconded the motion and it was so voted.
522
Notice was received of the approval
Loan. Finance Board of a loan in the amount of
term of fiteen years for the Vine Brook
of the Emergency
$154,000. for a ,
Drainage project.
Ryder Letter was received from C. W. Ryder stating that the
property lot at the corner of Waltham Street and Park Drive was one
near Park. which the Town should own for a beautiful drive into the
park. No action was taken on the matter.
Board of Appeals order permitting the Town of Lex -
Board of ington to use the property at 1557 Mass. Avenue.f or a
Appeals public building and permitting Gustaf Nottebart to remodel
Orders. a one family house into a two family house on Concord Ave.,
were received.
Ryder Letter was received from the Town Counsel informing
cases. the Board as to the action taken in the Land Court on April
27th in the various Ryder tax title foreclosure cases.
Highway betterment assessment for Taft Avenue amounting
Betterments.to $6481.01 and for Hibbert Street amounting to'$1981.22
were certified.
Order for the construction of a sidewalk in Charles
Street was signed in the following form:
CHARLES STRE'E'T '
September 20, 1938.
KNOW ALL MEN BY THESE PRESENTS:
That the Board of Selectmen and Public Works of Lex-
ington, Massachusetts, in regular session duly assembled on
the 20th day of September, 1938, did adopt an order for the
construction of a granolithic sidewalk'on both sides of
Charles Street from Massachusetts Avenue to Taft Avenue, a
public way in said Town of Lexington, and as designated by
Engineer's stakes, in form as follows:
Charles St. It is hereby adjudged by the Board of Selectmen and
Sidewalk Public Works of the Town of Lexington that public conven-
Order. ience requires that a granolithic sidewalk be constructed on
both sides of Charles Street from Massachusetts Avenue to
Taft Avenue, a public way of the Town of Lexington, and as
designated by Engineer's stakes.
It is therefore
ORDERED that a granolithic sidewalk be constructed on
both sides of Charles Street from Massachusetts Avenue to
Taft Avenue, a piblic way of the Town of Lexington, and as
designated by Engineer's stakes, and that one/half of the '
cost thereof be assessed upon abutting estates, all under
the 'provisions of Chapter 83 of the General Laws, and of
any amendments thereto so far as applicable.
NOW, THEREFORE, this statement of their action is now
made to be recorded in the Middlesex South District Registry
' of Deeds, that all assessments made or charges imposed under
Chapter 83 of the General Laws and any amendments thereof
upon any land which abuts upon said sidewalk, shall con-
stitute a lien upon such land from the time this statement
is recorded in said Registry of Deeds.
Given under my hand and the seal of the said Town this
20th day of September, 1938.
C
L�I
Commonwealth of Massachusetts
Middlesex, ss.
Eleanor M. Lowe
Clerk of the Board of Selectmen
of Lexington
September 20, 1938
Then personally appeared the above named, Eleanor M.
Lowe, Clerk of the Board of Selectmen of the said Town and
made oath that the foregoing stat-ement subscribed by her
is true, before me,
James J. Carroll
Notary Public
Term - Mazr. 14, 1945.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
CHARLES STREET.
Owner as of January let. 1938 House Number
Mary D. Sousa 6
Home Owners Loan Corporation 12
Stanley and Pansy F. Doucette 20
Catherine J. and Margaret R. McIsaac 22
Mary E. Boyce 30
James W. and Alice P. Lowrey 36
Fannie L. Mallett 38
Cambridge Trust Co. 198 Mass. Avenue
Home Owners Loan Corporation
7
Isabel Yates
11
Patrick J. Heaney
19
Francis and Irene M. Dailey
Lot #37
Addie C. Cook
23
Roy A. Cook
25
Dudley H. and Mary L. Chute
Lot #41, 42
Andreas Andresen
29
Charles D. MacGillivray
23
Eldred F. Cheney
Lots #470 48
Town of Lexington
Lot #49
Assessment
$45.00
30.00
50.00
30.00
30.00
20.00
20.00
38.00
35.00
25.00
26.00
12.00
20.00
12.00
20.00
20.00
20.00
20.00
None.
523
524
Chapt. 500
of the
(Acts of 1938
Welf are
Letter was received from the Town Counsel relative
to the interpretation of Chapter 500 of the Acts of 1938.
He said it seemed clear that the money could be expended in
1939 if the Selectmen preferred it. He said that the
other question of the Board relative to snow rermoval was
not so easily answered. He said that the final decision as
to what the town might do with the money was in the control
of the State and Mr. Waddell's office would have the last
say as to whether or not removal of snow was highway main-
tenance. He said that he did not believe the town had to
think up a new project or one for which money had not already
been appro�riated in order to apply this gift. If there was
no project available, he said it would seem easy to devise
a project for 1939 which would diminish the requirements for
funds raised by taxes in 1939.
Mr. Mitchell appeared before the Board relative to
Welfare matters.
The meeting adjourned at 10:15 P.M.
A true record, Attests
Clerk.
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