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HomeMy WebLinkAbout1938-11-21 20cv SELECTMENtS MEETING NOV. 21, 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, Clark and Rowse were present. The Clerk was also present. At 7 :30 P.M. Board of Survey hearing was declared open on the application of Charles E. Teeter, Jr. and Lura Shaffner Teeter for the approval of a plan of a proposed street from Concord Avenue northerly about 150 feet. Mr. Teeter Tdeter and Chairman Greeley and Mr. Kimball of the Planning Board of Board were present. Survey Notice of the hearing was read by the Chairman. hearing. Mr. Greeley said that the layout was satisfactory to the Planning Board in every way and that it was part of a larger scheme. The Planning Board went over the larger scheme first which is the layout of the whole property from the line to the City of Waltham line. He presented a sketch of the complete contemplated layout. Mr. Potter moved that the layout of the Proposed Street only as shown on plan entitled "Subdivision of Lot "A" shown on plan 16660A Land of Charles E. & Lura S. Teeter, Lexington, Mass. , Scale 1" - 60 ' , Oct. 3, 1938, Albert A. Miller, Civil Eng. , Lexington, Mass. " be approved. Mr. Ross seconded the motion and it was so voted. Mr. Teeter retired. Mr. Kimball stated that the Planning Board had in mind the possibility of entering the Metropolitan Park Commission element in East Lexington where the Great Meadows are. He said that he had talked with Mr. Eugene Hultman, Commission- er, who approved the scheme, and Senator Cotton would like to present a bill in the Legislature so that Lexington would join in the Park Commission. The idea would be to flood the Great Meadows a nd take a strip of land around it. The Chairman asked how that might affect the layout of the Lowell Turnpike and Mr. Greeley said that it would not incline to Great send the road toward the village. Mr. Ross remarked that Meadows this would mean that Lexington would share in all the Met. ropolitan Park assessments. Mr. Greeley said that that phase of it was being taken up with the Town Counsel by a sub-committee of the Planning Board. Mr. Ross said that offhand he would say that it would work out the same as the Metropolitan Water Assessment. The Chairman asked if We shared in any of the Park burden now and Mr. Ross said that we did not . Mr. Rowse asked if the plen would not have to be passed by the Town Meeting. Mr. Greeley said that it would have to be passed by the Town Meeting. He said that he merely wanted to acquaint the Board with the matter as a part of the Park Department activities. The Chairman asked if this scheme would not prevent the use of the land 21 for sheep raising and Mr. Greeley said that it would prevent it and would no doubt make the land around the pond more valuable. Mr. Greeley asked if any of the members had any object- ion to the Planning Board's studying the matter and they had none. At 8:00 P.M. Town Treasurer Carroll appeared before the Board with bids on a loan in the amount of 423,000. to be dated November 15, 1938 and payable in one year. This loan is to pay Storm Emergency expenses. The following bids were received: Lexington Trust Co. 100.0019 Estabrook & Co: 100.0029 - Loan Second National Bank 100.084 s Smith Barney & Co. .024766 3/8% Frederick M. Swan & Co. 100.10 Mr. Rowse moved that the bid be awarded to the high- est bidder. Mr. Potter seconded the motion and it was so voted. Mr. Rowse asked Mr. Carroll how he received bids and he replied that he received them by letter, telegram and telephone call. Mr. Ross asked if it was because of lack of time that he received bids by telephone, and Mr. Carroll said that the houses usually waited until the end of the day to see how the market was before bidding. Mr. Rowse asked if it would be possible to get letters of confirma- tion before bids were received. He said he thought it would be best for Mr. Carroll 's own good if confirmations were received. The Chairman asked Mr. Carroll if he always knew the men he talked with over the telephone and from whom he received the bids and he said that he always knew them. He said the next day the bidders would call and ask who was low and he would get confirmation only from the low bidder. Mr. Carroll retired. Mr. P. DeCristafaro,low bidder on the North Lexington Sewer Project, appeared before the Board. The Chairman DeCrista- said that there was not much to go into tonight as the faro re P.W.A. authorities had to approve the low bidder before the bond contract could be awarded. The Chairman stated that the Board was interested in the concern with whom the bond on the job was to be placed and felt that inasmuch as the Town of Lexington was paying for the job, it was only fair that the bond business be left in town. He said that the Board was merely requesting that Mr. DeCristafaro look at it from the town's point of view. The Chairman asked him if he would have any objection to doing the bond business in bilis manner, and he replied in the negative. He retired. Mr. Raymond appeared before the Board. He presented a letter addressed to the Board by Metcalf & Eddy relative to the qualifications of the low bidder on Contract #1, North Lexington Sewer. Metcalf & Eddy intdrrogated Mr. P. DeCristafaro at length regarding his experience, equip- ment owned and financial ability . They maid that the 22 result of the examination was satisfactory. Attached to their report was a copy of the financial statement as of December 31, 1937, also a statement regarding equipment owned, contracts recently completed, etc. The Engineers believed that the concern had ample financial resources to carry out the contract; also the engineers of the Metro- politan District Commission of Mass. had stated that the character of work done by the low bidder for them has been excellent. Metcalf & Eddy recommended the award of the contract to the lowest bidder. Mr. Ross moved that the following resolution be adopted and forwarded to the Federal Emergency Administration of Public Works : n RESOLUTION WHEREAS, bids for contract numbered One for North Lexington Sewerage System in connection with the project at Lexington, Massachusetts, (P.W.A. Docket No. 1464-F) have been duly received, considered and compared; and WHEREAS, it appears that the bidder hereinafter des- ignated is the lowest qualified responsible bidder on the contract set out below: NOW, THEREFORE, BE IT RESOLVED by the Board of Select- men of the Town of Lexington that the contract set out below is awarded as follows : Provided however that this award shall not become RESOLUTION effective until said bidder shall have been notified there- of in writing by the Superintendent of Public Works of the Town of Lexington. A CONTRACT CONTRACT PRICE P. DeCristofaro Co . , Inc. 38 Glendower Road 065,511.84 Roslindale, Massachusetts The Superintendent of Public Works of the Town of Lex- ington is hereby instructed to prepare two certified copies of this Resolution and three certified copies of the tab- ulation of all bids, in accordance with the instructions of the Pujllic Works Administration, and submit the same immediately to the Regional DirectorRegion #1, Federal Emergency Administration of Public Works, together with names of proposed Surety Companies for performance bond for each bidder awarded a contract by this resolution. Upon receipt of information that the Regional Director, Region #1, Federal Emergency Administration of Public Works has concurred in this award, the Superintendent of Public Works is hereby directed to notify the said bidder in writing of said award and to arrange for the immediate execution of said contract and the furnishing of the necessary bonds to accompany such contract. Mr. Potter seconded the motion and it was so voted. 23 Mr. Raymond read a letter from Mr. Garrity to which was attached a bill in the amount of 014. 25 rendered by Warren W. Custance for services as a Special Police officer on the nights of Sept. 21 and 22. Mr. Garrity said that Mr. Custance was hired for special police duty by Sergeant Russell. The Custance Chairman said that he knew Sergeant Russell had told Cus- bill for tance to work but that was all he knew about it. Mr. Ross services moved that the bill be disapproved as it was the feeling of the Board that several other citizens had done police duty on these and other nights during the hurricane and had not been paid for their services. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that Miss Alice Newell had re- quested the use of Cary Memorial and Estabrook Halls for Use of eleven times during the month of December in connection Hall with the Christmas pageant to be held on December 18th. Mr. Rowse moved that the use of the hall be granted as re- quested with the recommendation that Estabrook Hall be used as much as possible rather than Cary Hall. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that he had received two applica- tions from the V.F.W. for the use of Cary Memorial Hall, one on December 20th for the purpose of holding a penny sale and the other on December 23rd for the purpose of holding a childrens ' party. This organization has used the hall free of charge five times and if these two uses are granted, the number of uses authorized by the Town Meeting will be exceeded. Mr. Ross moved that they be granted the use of the hall free of charge. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that the contractor on Contract A of the Vine Brook Drain and Sewer Project had requested that he be allowed to pay his employees by check. The usual Vine Brod procedure is to first obtain permission from the owner and Project then from the P.W.A. Metcalf r Eddy thought that the request was not unusual. Mr. Rov se moved that the request be approved and that the Supt. of Public Works be instructed to request the approval of the Federal Emergency Administration of Public Works. Mr. Ross seconded the motion and it was so voted. Mr. Raymond presented the orders for the easements for Contract #1 for the North Lexington Sewer, one dated today for the permanent takings and the other dated Sept. 22nd for the leasehold interest takings. In each there is pro- vision for the award of damages and Mr. Raymond said that he had attempted to compute them in what he thought was a fair way. The damages on the permanent takings were com- puted .according to the assessed valuation plus 025. for each manhole to be constructed on a person' s property. The leasehold interest takings are for those areas outside the permanent taking areas. He had computed these damages on the basis that no benefit would be realized by the farmers 24 1.4from that area for a period of three years, and if it were not for this work, one might realize a profit of 50. per acre each year for pasture and grass land, and 0150. per year for intensely cultivated lands . He explained this to the Town Counsel and asked if he approved of these damages. Mr. Wrlghtington said that he was not a real estate expert and while he would not say he approved, he would not say that he disapproved. Mr. Rowse moved that the awards be approved and that the takings be signed as follows : ORDER OF TAKING BY TOWN OF LEXINGTON OF A LEASEHOLD INTEREST IN LANDS UNDER THE ACTS OF 1897 CHAP- TER 504 AS AMENDED WHEREAS 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 authorities set forth in said Act, including full power through its Board of Sewer Commissioners, to take by purchase or otherwise any lands , rights of way and easements in said Town necessary for the establishment therein of a system of sewerage or of sewage disposal, or for any of the purposes mentioned in Section 1 of said Act; and WHEREASthe said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS the system hereinafter referred to is about to be constructed and plans showing the work to be done in constructing the same, have been duly approved by the State Department of Public Health; and WHEREAS, 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 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 Water and Sewer Commissioners; and WHEREAS, by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majority of the voters of said Town in the manner provided in Section 5 thereof, the powers and duties of the Water and Sdwer Commissioners were assigned to the Board of Selectmen as a Board of Public Works; and WHEREAS, Archibald R. Giroux, Albert A. Ross, William G. Potter, Philip M. Clark, and A. Edward Rowse, citizens 2.5 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 WHEREAS the Town Meeting of Lexington on the twenty- fifth day of August, 1938 duly adopted the following by a vote of seventy in favor and twenty-eight opposed: "Article 2. VOTED: For the purpose of acquiring lands and easements and constructing a sanitary sewer, force main and pumping station for North Lexington and to enable the Town to sedure the benefits of funds granted by the Federal Government under the Public Works Administration Appropria- tion Act of 1938, there be raised and appropriated the sum of One Hundred Fifty-four Thousand Dollars (0.54,000.00) and the Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow the sum of Ninety Thousand Dollars (890,000.00) and to issue bonds or notes of the Town therefor, under authority of and in accordance with provisions of Chapter 50 of the Acts of 1938, said bonds or notes to be payable in not more than fifteen years at such terms and maximum rate of interest as may be 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 to meet the cost of construction thereof and any balance 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 con- tracts 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 project. "; and WHEREAS, the Town Meeting of Lexington on the twenty- fifth day of August, 1938 duly adopted the following vote : "Article 3. VOTED: to authorize the Selectmen to acquire the land and easements by right of eminent domain or otherwise on behalf of the Town for a sanitary sewer, force main, and sewage pumping station as follower; 1. Beginning at a manhole on the existing main outlet sewer, II at a point about 935 feet easterly from the junction of Grant Street and Hayes Lane, thence northerly in lands now or formerly of Thomas C . Buckley, William J. Leary, Louis Leturmy, Bridget J. McKearney et al., Angelo and Antoinette I3us., and Thomas CavanauE.h to a private way, thence northwest- erly in said private way to Grant Street, thence northwe§aily in Grant Street , Colony Road, and lands now or formerly 26 w-4 t"O of Elizabeth M. Burton and William B. Porter et al. , to 't'; Adams Street . 2. Beginning at Adams Street, thence northwesterly, westerly and southwesterly in lands now or formerly of Gustaf Lidberg, Federal Farm Mortgage Corporation, and Brooks Potter, to Hancock Street . 3. Beginning at North Hancock Street, thence southwesterly and westerly in Hamilton Road, Liberty Avenue, and Ledgelawn Avenue to Bedford Street. 4. Beginning at Valley Road, thence northwesterly and north- erly in lands now or formerly of the Town of Lexington and Willow Street, and lands now or formerly of Anna Dickerson and Catherine A. Kimball, and Brook Street to near Myrtle Street. 5. A parcel of land now or formerly of Frank J. Longleway on the easterly side of Brook Street near Myrtle Street, bounded on the west by Brook Street for about 100feet and having a depth of about 100 feet; and to appropriate 0000.00 therefor to be included in the amount raised under &ticle 2 " WHEREAS the Selectmen have determined the location of temporary leasehold interests in land adjacent to the easements in the order of taking for the sewer and force main for North Lexington dated November 21, 1938 as follows : 1. Parcel 1 is 100 feet in length and 20 feet in width adjacent to the southerly extremity of the 25 foot easement between manhole number 142 and a private way, in the order of taking dated November 21, 1938 for the sewer and force main for North Lexington on land now or formerly of Villiarn J. Leary. 2. Parcel 2 is 13.50 feet in width adjoining the westerly side of the said 25 foot easement and extendftg extendnortherly from the southerly end of said easement distant about 320 feet on land now or formerly of William J. Leary and Louis Leturmy. 3. Parcel 3 is 12.50 feet in width adjoining the westerly side of the said 25 foot easement and beginning at the north- erly end of Parcel 2, thence northerly and distant about 100 feet on land now or formerly of William J. Leary and Louis Leturmy. 4. Parcel 4 is 62.50 feet in width adjoining the westerly side of the said 25 foot easement and beginning at the north- erly end of Parcel 3, thence northerly and distant about 315 feet on land now or formerly of Louis Leturmy. 5. Parcel 5 is 37.50 fe€t in width adjoining the easterly side of the said 25 foot easement and extending northerly from 27 the southerly end of said easement distant about 360 feet 1 on land now or formerly of William J. Leary. 6. Parcel 6 is 12. 50 feet in width adjoining the easterly side of the said 25 foot easement and beginning at the north- erly end of Parcel 5, thence northerly and distant about 350 feet on land now or formerly of William J. Leary and Louis Leturmy. 7. Parcel 7 is 12.50 feet in width adjoining the westerly side of the said 25 foot easement and beginning about 75 feet from the northerly end of Parcel 4, thence northerly and distant about 1080 feet to the southerly side of a private way, and on land now or formerly of Louis Leturmy, Bridget J. McKearney et al. , Angelo and Antoinette Buss, and Thomas Cavanaugh. 8. Parcel 8 is 12.50 feet in width adjoining the easterly side of the said 25 foot easement and beginning about 35 feet from the northerly end of Parcel 6, thence northerly and dis- tant about 1158 feetlandnow on or formerly of Louis Leturmy, Bridget J. McKearney et al. , Angelo and Antoinette Busa, Thomas Cavanaugh, and a private way. 9. Parcel 9 is 12 feet in width adjoining the southerly side of the 33 foot easement in a private way between lands of 111 Thomas Cavanaugh and Paul Bowser, in the order of taking dated November 21, 1938 for the sewer and force main for North Lexington, and beginning at the westerly side of Parcel 7, thence westerly about 140 feet on land now or formerly of Thomas Cavanaugh. 10. Parcel 10 is 12.50 feet in width adjoining the south- westerly side of the 25 foot easement between Colony Road, a private way, and Adams Street in the order of taking for the sewer and force main for North Lexington dated Nov- ember 21, 1938, and extending northwesterly from the north- erly side line of Colony Road distant about 365 feet on land now or formerly of Elizabeth M. Burton. 11. Parcel 11 is 12.50 feet in width adjoining the north- easterly side of the said 25 foot easement between Colony Road and Adams Street and extending northwesterly from the northerly side line of Colony Road distant about 395 feet on land now or formerly of Elizabeth M. Burton. 12. Parcel 12 is 25.00 feet in width adjoining the south- westerly line of the said 25 foot easement between Colony Road and Adams Street, and beginning at the northwesterly end of Parcel 10, thence northwesterly about 900 feet on land now or formerly of William B. Porter et al . 13. Parcel 13 is about 5 feet in width between the north- easterly line of the said 25 foot easement between Colony Road and Adams Street and the southwesterly side of a drainage 28 eCI ditch and oeginning about 350 feet southeasterly of Adams Street, thence northwesterly distant about 190 feet on land now or formerly of William B. Porter et al. 14. Parcel 14 is 25.00 feet in width adjoining the north- easterly line of the 25 foot easement between Adams and Burlington Streets in the order of taking for the sewer and force main for North Lexington dated November 21, 1938, and extending southeasterly from the southeasterly side line of Adams Street distant about 100 feet on land now or formerly of William B. Porter et al. 15. Parcel 15 is 12.50 feet in width adjoining the south- westerly side of the said 25 foot easement between Adams Street and Burlington Street and extending northwesterly from the northwesterly side line of Adams Street distant about 2475 feet on lands now or formerly of Gustaf Lidberg and Federal Farm Mortgage Corporation. 16. Parcel 16 is 12.50 feet in width adjoining the north- easterly side of the said 25 foot easement between Adams Street and Burlington Street and extending northwesterly from the northwesterly side line of Adams Street distant about 3180 feet on lands now or formerly of Gustaf Lidberg, Federal Farm Mortgage Corporation, and Lexington Botanical Gardens Incorporated. 17. Parcel 17 is about 45 feet in width between the south- erly side of the said 25 foot easement between Adams Street and Burlington Street and the southerly side of a cart 'path and beginning at the northwesterly end of Parcel 15, thence northwesterly and westerly about 480 feet on land now or formerly of Federal Farm MortgageCorporation. 18. Parcel 18 is 12.50 feet in width adjoining the southerly side of the said 25 foot easement between Adams Street and Burlington Street and beginning at the westerly end of Parcel 17, thence westerly about 630 feet to the easterly side line of Burlington Street on lands now or formerly of Lexington Botanical Gardens Incorporated and Federal Farm Mortgage Corporation. 19. Parcel 19 is about 25 feet in width adjoining the northerly side of the said 25 foot easement between Adams Street and Burlington Street and beginning at the westerly end of Parcel 16, thence westerly about 205 feet on land now or formerly of Lexington Botanical Gardens Incorporated. 20. Parcel 20 is 12.50 feet in width adjoining the northerly side of the said 25 foot easement between Adams Street and Burlington Street and extending easterly distant about 230 feet from the easterly line of Burlington Street on land now or formerly of Federal Farm Mortgage Corporation. All as more particularly shown on four sheets entitled "Lexington, Mass. , North Lexington Outlet Sewer, Plan of 29 1 Easements, Liberty Avenue to Manhole #142 on Existing Main Sewer, " Scale 40 ft. to 1 inch, November 12, 1938. John T. I Cosgrove, Town Engineer. WHEREAS the said temporary leasehold interests here- inafter 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 said Chapter 504 of the Acts of 1897 as amended, and of every other power them thereto enabling, do herr-by take by eminent domain a temporary leasehold interest within each of the locations above described as shown on the said plans for a term of two years for temporary use during construction of the public works of the sewer and force main for North Lexington, including the right to use the said lands by the Selectmen or other duly authorized agents of the Town or contractors with the Town and heir agents and servants for the operation of engineers andorkmen and the storage of equipment and of materials Thr cons ruction, or materials removed from excavations, for such eons ruction, or for any other purpose in the construction of the aid public works, including the right to erect and main sin such temporary office quarters and shelters as may be r asonably necessary. On completion of the work before the expi ation of the said term of two years, all such structures and materials will be removed and the surface of the said locations restored to as good condition as they are at the II date of this taking. The rent of the said premises for the said term is included in the damages awarded. The following damages have been sustained and they are awarded. Owner Amount William 3.Leary 860.00 Louis Leturmy 54.00 Bridget J. McKearney et al 1.50 Angelo and Antoinette Busa 126.10 Thomas Cavanaugh. . . . . . . . . 27.00 Elizabeth M. Burton . . . . . 33.00 William B. Porter et al . . . . . . . . . . 267.00 Gustaf Lidberg 160.60 Federal Farm Mortgage Corporation225 00 Lexington Botanical Gardens, Inc, formerly Brooks Potter 90.00 TO HAVE AND TO HOLD the said temporary leasehold inter- ests to the Town of Lexington, its successors and assigns, 111 to its and their own usd and behoof for a period of two years from November 25, 1938. IIIN WITNESS WHEREOF, the said Board of Selectmen have here- unto subscribed their names this twenty-second day of November, 1938. Archibald R. Giroux William G. Potter A. Edward Rowse Philip M. Clark Albert A. Ross l 30 r-a Commonwealth of Massachusetts C Middlesex, ss . On this 22nd day of November, 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, Wm. S. Scamman Notary Public (My Commission Expires April 18, 1941) ORDER OF TAKING BY TOWN OF LEAINGTON FOR RIGHTS OF WAY AND EASEMENTS UNDER CHAPTER 504 OF THE ACTS OF 1897, AS AMENDED. Wf-EREASBy Chapter 504 of the Acts of the year 1897 entitled "An Act to authorize the Town of Lexington to construct a system of sewerage", as amended, said Town was authorized, among other things, to lay out, construct, maintain and oper- ate a system of sewerage, with t he powers and authorities set forth in said Act, including full power through its Board of Sewer Commissioners, to take by purchase or otherwise any lands, rights of way and easements in said Town necessary for the establishment therein of a system of sewerage or of sewage disposal,or for any of the purposes mentioned in Section 1 of said Act; and WHEREAS the said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS the system hereinafter referred to as about to be constructed, and plans showing the work to be done in constructing the same, have been duly approved by the State Department of Public Health; and WHEREAS, 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 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 Water and sewer Commissioners; and WHEREAS, by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majority 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 Works3 and 31 WHEREAS, 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 WHEREAS the Town Meeting of Lexington on the twenty- fifth day of August, 1938 duly adopted the following by a vote of seventy in favor and twenty-eight opposed: "Article 2. VOTED: For the purpose of acquiring lands and easements and constructing a sanitary sewer, force main and pumping station for North Lexington and to enable the Town to secure the benefits of funds granted by the Federal Gov- ernment ander the Public Works Administration Appropriation Adt of 1938, there be raised and appropriated the sum of One Hundred Fifty-four Thousand Dollars ($154,000.00) and the Treasurer, with the approval of the Selectmen, be and hereby is authorized to borrow the sum of Ninety Thousand Dollars (90,000.00) and to issue bonds or notes of the Town therefor, under authority of and in accordance with provisions of Chapter 50 of the Acts of 1938, said bonds or notes to be payable in not more than fifteen years at such terms and maximum rate of interest as may be 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 to meet tae cost of construction thereof and any balance 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 authorized to do all other acts and things necessary or convenient for ob- taining said grant, making said loan, and constructing said project." and WHEREAS the Town Meeting of Lexington on the twenty-fifth day of August, 1938 duly adopted the following vote : "Article 3. VOTED: To authorize the Selectmen to ac- quire the land and easements by right of eminent domain or otherwise on behalf of the Town for a sanitary sewer, force main, and sewage pumping station as follows : 1. Beginning at a manhole on the existing main outlet sewer, at a point about 935 feet easterly from the junction of Grant Street and Hayes Lane, thence northerly in lands now or form- erly of Thomas C. Buckley, William J. Leary, Louis Leturmy, Bridget J. McKearney et al. , Angelo and Antoinette Busa, and 32 PV CO getl Thomas Cavanaugh to a private way, thence northwesterly in said private way to Grant Street, thence northerly and north- westerly in Grant Street, Colony Road, and lands now or formerly of Elizabeth M. Burton and William B. Porter et al. , to Adams Street. 2. Beginning at Adams Street, thence northwesterly, westerly and southwesterly in lands now or formerly of Gustaf Lidberg, Federal Farm Mortgage Corporation, and Brooks Potter to Hancock Street. 3. Beginning at North Hancock street, thence southwesterly and westerly in Hamilton Road, Liberty Avenue, and Ledgelawn Avenue to Bedford Street. 4. Beginning at Valley Road, thence northwesterly and northerly in lands now or formerly of the Town of Lexington and Willow Street, and lands now or formerly of Anna Dickerson and Catherine A. Kimball, and Brook Street to near Myrtle Street. 5. A parcel of land now or formerly of Frank J. Longleway on the easterly side of Brook Street hear Myrtle Street, bounded on the west by Brook Street for about 100 feet, and having a depth of about 100 feet; and to appropriate 8000.00 therefor to be included in the amount raised under Article 2. " WHEREAS the Selectmen have determined the location of easements to be taken for the construction and maintenance of the sewer and force main for North Lexington between a manhole on the land of William J. Leary on the existing outlet sewer, and Liberty Avenue, so called, as follows: 1. The center line begins at a point 5.00 feet souther- ly of the existing sewer manhole number 142, said manhole being about 889 feet northerly of Vine Street, thence N 4° 08' 30" E and passing through the center of manhole number 142, distant 765.00 feet to an angle point, thence N 5° 08' 30" W distant 1108.52 feet to a point on the south- erly line of a private way, said point being 375.74 feet from the easterly line of Grant Street, a private way, and for a width of 12.50 feet on each side of the center line on lands now or formerly of William J. Leary, Louis Leturmy, Bridget J. McKearney et al, Angelo and Antoinette Busa, and Thomas Cavanaugh. 2. The center line is the center line of a private way between lands of Thomas Cavanaugh. and Paul Bowser and begins 388;26 feet from the easterly line of Grant Street, thence N 65° 47 ' W distant 388.26 feet to the easterly line of Grant Street, and for a width of 16.50 feet on each side of the center line. 33 3. The center line is the center line of Grant Street, a private way, and begins at a point on the southerly line of a private way if extended, said private way being between lands now or formerly of Thomas Cavanaugh and Paul Bowser, thence N 7° 35' 30" E distant 126.74 feet to a point of curvature, thence bearing to the right with a curve of 1034.0 feet radius distant 305.19 feet to a point of tangency, thence N 24° 30 ' 12" E distant 217.60 feet to a point of curvature, thence bearing to the right with a curve of 625.0 feet radius distant about 235 feet, and for a width of 25.00 feet on each side of said center line. 4. The center line is the center line of Colony Road, a private way, and begins at its intersection with the westerly line of Grant Street, thence N 880 34' 30" W about 379 feet to a point of curvature, thence bearing left with a curve of 532.57 feet radius distant about 65 feet, and for a width of 25.00 feet on each side of said center line except at the curved intersections at Grant Street there the width of the easement will exceed 25.00 feet on each side to include the areas within the lines of said curved intersections. 5. The center line begins at a point on the northerly line of the said Colony Road, said point being about 433 feet from the westerly line of Grant Street at its inter- section with Colony Road, thence N 400 36' 30" W distant about 982 feet to an angle point, thence N 36° 01 ' W distant about 388 feet to the southeasterly side line of Adams Street, and for a width of 12.50 feet on each sidd of said center line on lands now or formerly of Elizabeth M. Burton and William B. Porter et al. 6. The center line begins at a point on the northwest- erly line of Adams Street about 80.5 feet from its intersect- ion with the northerly line of East Street if extended, thence N 36° 01' W distant about 875 feet to an angle point, thence N 66° 14 ' 30" W distant 1770.17 feet to an angle point, thence S 700 56' 45" W distant 317.61 feet to an angle point, thence S 57° 45 ' 45" W distant about 631 feet to the easterly line of Burlington Street, and for a width of 12.50 feet on each side of said center line on lands now or formerly of Gustaf Lidberg, Federal Farm Mortgage Corporation, Brooks Potter, and Lexington Botanical Gardens, Incorporated. 7. The center line is the center line of Hamilton Road, a private way, and begins at its intersection with the souther- ly line of North Hancock Street, thence S 28° 50' W distant about 300 feet , and for a width of 25.00 feet on each side of said center line. All asshown on sheets 1 to 4 inclusive entitled, "LEX.. INGTON, MA S. NORTH LEXINGTON OUTLET SEWER, PLAN OF EASEMENTS, LIBERTY AVENUE TO MANHOLE #142 ON EXISTING MAIN SEWER", Scale 40 ft. to 1 in. , dated November 12, 1938, John T. Cosgrove, Town Engineer. 34 WHEREAS the rights of ways and easements hereinafter taken are necessary for the said purpose; NOW, THEREF01 , the said Board of Selectmen acting for and on behalf of the said Town under authority of the said 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 main- tain the sewer and force main with manholes and such appur- tenances as are required, and to dig up, open, excavate, fill and use the land between the said exterior lines of said easements as may be reasonably necessary for the purpose of constructing said sewer and force main and appurtenances, together with the right to enter thereon from time to time as may be necessary for repairs and maintenance of thesaid public improvements and of maintaining, operating, inspect- ing, and repairing the same from time to time thereafter. The said Town being always bound to see that the ground directly after the completion of the work in each case is cleared of all surplus material and the surface left in as smoth condition as at the time of entering, excepting at the manholes which may project above the surface of the ground. Trees within the said locations are included in this taking. No assessments for betterments are to be levied for the said public improvement . The following uamages have been determined and they are awarded. Owner Amount William J. Leary. 05.70 Louis Leturmy 76.60 Bridget J. McKearney et al 35.26 Angelo and Antoinette Busa 84.90 Thomas Cavanaugh 33.50 Elizabeth M. Burton . . . . . .103.25 William B. Porter et al. . . . . . . . . .278.10 Gustaf Lidberg 136.00 Federal Farm Mortgage Corp. . . . . 449.00 Lexington Botanical Gardens, Inc. , formerly Brooks Potter 115.80 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 WHEREOF the said Board of Selectmen have hereunto subscribed their names this twenty-first day of November, 1938. Archibald R. Giroux, William G. Potter Albert A. Ross A. Edward Rowse Philip M. Clark 35. Commonwealth of Massachusetts Middlesex, ss . On this 22d day of November 1938, personally appeared the above named Archibald R. Giroux, William G. Potter, Albert A. Ross, A. Edward Rowse, and Phili.d 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. Potter seconded the motion and it was so voted. Mr. Raymond stated that the Fire Department had called the Board' s attention to a duplication in street names. He said that last year the Town Engineer called the Board's attention to several streets which were duplicated and there Duplicate was an article in the warrant to chane these street names, street but it was decided just before the Town Meeting to have names. hearings before doing anything on the matter. It was suggest- ed that the Clerk be instructed to advertise the different names to be changed and set a date for a hearing. It was suggested that Mr. Worthen might be a good one to recommend substitute names. Mr. Clark suggested that the name Staples Road be substituted for one of these streets. It was decided to leave the matter this way. Mr. Raymond read a letter from Mr. Garrity relative to the tree hearing held on November 17th relative to the • removal of six trees on Lincoln Street. Those in attend- ance were Mrs . Scheibe, Mrs. Sarano and Mrs. Hauck. Mrs. Sarano and Mrs. Scheibe strongly opposed removing any of the six trees at first, but after going over the question thor- Trees on oughly, they finally decided to leave to Mr. Garrity' s judg- Lincoln ment the removal of the three trees beyond the bluff, but Street wished to have the three trees starting in at Middleby Road remain standing. Mrs. Hauck was interested only in the tree that was posted in front of her house. Mrs. Hollis Webster had telephoned and said that she was opposed to the removal of any trees. Letter was received from the Joseph ;Warren Co-op. Bank opposing the removal of the tree in front of 202 Lincoln Street. Mr. Raymond said the conclusion was that there would be no objection to the removal of the three trees beyond the bluff and he said the only thing to do was to go ahead with the sidewalk just as if the other three trees were not there. Mr. Rowse moved that the removal of the three trees beyond the bluff be authorized. Mr. Potter sedonded the motion and it was so voted. 36 � fV Net Mr. Raymond read a letter from Mr. Garrity stating that he had had requests for wood from people who were willing to saw it up and cart it away themselves from the different places where the town had wood stocked. He thought that in- asmuch as there probably would not be any assistance from the Government, it would be a good idea to allow such people to cut up enough of the wood for their own needs. Mr. Rowse asked how much it would cost for the town to saw up this wood and Mr. Raymond thought it would cost about 46. per cord tocut it in fireplace size. Mr. Potter moved that the wood at the Lincoln Street dump be offered for sale as is and that notice of the town' s intention to sell be posted in the paper for two weeks Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that they had used up nearly the whole 4880. which was contaihed in his estimate for the Street emergency street cleaning on the basis of which the 419,500 cleaning. figure was put in. He would like to continue this street cleaning program and include in it the outlying streets as they were figured in the estimate of 02600. He did not believe that it would cost that amount, but figured it would cost around $2,000. Mr. Rowse moved that Mr. Raymond be authorized to go ahead with the street cleaning program. Mr. Ross seconded the motion and it was so voted. Mr. Raymond requested approval of the purchase of a new paving; breaker for the Water Department and said that as near Paving as he could determine, this item was left in when the Water breaker Maintenance budget was approved. The money is available and he said that a new one was needed right away. Mr. Rowse moved that the purchase of the paving breaker be approved and that the expense be charged tothe Water Maintenance appropriation. Mr. Ross seconded the motioh and it was so voted. Letter was received from the division of Metropolitan Planning. Planning asking if there were any problems in which the town needed help. The matter was referred to Mr. Raymond. Letter was received from Walter E. Pingree, owning property at 11 Pleasant Street, asking that the town con- sider the letter as formal protest against the taking of any j more land from his property. He said that the town had Pingree staked off a five foot strip for the construction of a side- Protest. walk. He protested because he had not been notified in advance of the town' s intention. Mr. Raymond said that the County Commissioners laid out Pleasant Street in 1867 and made a forty foot layout. That was accepted by the town in 1868 and he thought the line was the same one that Mr. Pingree claims we are taking now. In 1937 the County made another taking, making the street fifty feet wide. It was his opinion that these people had pushed out in the public way and had occupied it for a long time and had built cesspools, concrete walks, steps and walls 3? there. When Mr. Raymond went down there, he could not see the necessity of locating the sidewalk on the staked out line and he moved the location of the sidewalk out before he had seen this letter as he saw it would interfere with the two concrete steps going into Mr. Pingreets house and would also interfere with the cesspool. He did not know whether or not Mr. Pingree was going to cause trouble because of the relocated line. If he did take Court action, he would find that he is in trouble as he is now occupying public land. He thought it was just as well to point out to him that this was Town of Lexington property and that he had been using it for some time. The Clerk was instructed to send a copy of Mr. Pingreets letter and a copy of the record to the Town Counsel and that he be requested to answer the letter. Letter was received from the Planning Board to which was attached a revised draft of the subdivision regulations which had been approved subjects to a few minor changes. Mr. Regulations Raymond was requested to ask the Town Engineer to study the revision and it wasdecided to have Mr. Cosgrove in before the Board to submit his recommendations. Letter was received from the Town of Arlington stating that in view of the large area of the town of Lexington to be drained into the Arlington sewer in Lowell Street con- Sewer tained in the agreement proposed by Lexington, that Board agreement of Public Works did not feel it advisable to sign the agree- ment. Mr. Raymond said that the agreement was not presented to the Arlington Board of Public Works until the Monday after the Lexington town meeting. He said the only thing to do would be to try to get an agreement that would be approved by that Board and then see if the town of Lexington would approve it. The matter was held over for one week. Letter was received from Stanley Doucette stating that he had purchased from the town lots 33 and 34 on Charles Street and that they had not been surveyed. He requested Lots on that they be surveyed at no expense to him because he pur- Charles chased them from the town. The Chairman stated that Doucette Street had purchased the lots in 1337. Mr. Potter moved that no action be taken on the matter. Mr. Ross seconded the motion and it was so voted. Letter was received from Roland J. Sawyer, Jr., Sec- retary of the Special Committee on Functions Affecting Metp. Cities and Towns in the Metropolitan District. Mr. Sawyer District requested that the Board recommend to the Committee what functions now maintained by the town it would like to have taken over by the Metropolitan District Commission within the terms of Chapter 71 of the Resolves of 1938. Mr. Potter moved that no action be taken on the matter. Mr. Ross seconded the motion and it was so voted. Letter was received from the Building Inspector stating that JohnW houley and W. S. Couette were maintaining illegal 38 signs and had made no effort to abolish the zoning viola- Illegal tions after they had been instructed to do so. Mr. Long- signs. bottom asked the approval of the Board before turning the matter over to the Town Counsel for enforcement. Mr. Potter moved that the Board approve this action on the part of the Building Inspector. Mr. Rowse seconded the motion and it was so voted. Chief Taylor of the Fire Department appeared before Valley Rd. the Board. He said that Mrs. John May had called his attention to the fact that fire apparatus could not get up Valley Road beyond the bridge . It was decided that the Board would meet with Chief Taylor at 8:45 A.M. on November 24th to look the situation over. Letter was received from the Economy Grocery Stores Economy asking what action had been taken on their application for Store sign. a permit to maintain a four foot belt sign on the Stop and Shop store. Mr. Rowse said that he had taken the matter up with Mr. Valona, the Vice President of the company, and had explained the matter to him. Upon motion of Mr. Rowse, seconded by Mr. Clark, it was voted to grant the following licenses : Liggett Drug Co. , Inc. 1721 Mass. Ave.-Common Victualler Licenses Abraham Alpert, 22 Sylvia Street - Peddler Frank W. Champlin, 20 Bertwell Rd. - 'r Augustus J. Silva, 643 Waltham St. - Pat. of Milk Commitments of Water Connections in the amount of Commitments.0105.09 and Sewer Connections in the amount of 04.12 were signed by the Board. Letter was received from the Town Accountant stating that he had prepared budget sheets in triplicate for the various departments and requested that one copy be sub- mitted to the Town Accountant, one to the Selectmen and one to be retained by the Department. Mr. Russell said that he Budgets. had received a communication from the Town Clerk stating that in accordance with G. L. , the subject of elections came under the jurt#d.iction of the Town Clerk and he requested that the proper forms for the preparation of the Election budget be submitted to him. Mr. Russell said that he would furnish the requested budget forms to the Town Clerk unless he received instructions from the Board to the contrary. The Clerk was instructed to consult the Town Counsel and ask him who was supposed to prepare the Elections budget. The Chairman called the Board' s attention to the fact Hayden that it had never thanked Mr. Hayden for the gift of the gift. Aldrich property. Mr. Potter moved that the Chairman send a letter of thanks to Mr. Hayden. Mr. Clark seconded the motion and it was so voted. Use of The Chairman asked if there was any objection to allow- Room. ing the Legislative Council of the Middlesex County Select- men' s Association to meet in the Selectmen' s Room for an hour Wednesday evening, and there was none. 39 Messrs. Mitchell and Morse appeared before the Board Welfare relative to Welfare matters. The meeting adjourned at 11 :10 P.M. A true record, Attest : Clerk. 1