HomeMy WebLinkAbout1938-11-2120
SELECTMENtS MEETING
NOV. 210 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
Taeter 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 larget
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 111 - 601, Oct. 3, 1938, Albert A. Muller,
Civil Eng., Lexington, Mass." be approved. Mr. Ross
seconded the motion and it was so voted. Mr. Teeter rehired.
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 ire
shared in any of the Park burden now and Mr. Ross said that
we did not. Mr. Rowse asked if the p]aan 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.
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
Lr 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. Iie said that the Board
was merely requesting that Mr. DeCristafaro look at it
from the tovm's point of view. The Chairman asked him if
he would have any objection to doing the bond business in
this mannerp 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. DeOristafaro at length regarding his experience, equip-
ment owned and financial ability. They maid that the
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 mer-ency 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 3/8w
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
Lr 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. Iie said that the Board
was merely requesting that Mr. DeCristafaro look at it
from the tovm's point of view. The Chairman asked him if
he would have any objection to doing the bond business in
this mannerp 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. DeOristafaro at length regarding his experience, equip-
ment owned and financial ability. They maid that the
07
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 Vass. 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. Pyr. 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
INHER.EAS, it appears that the bidder hereinafter des-
ignated is the lowest qualified responsible bidder on the
contract set out below:
NOVI, 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.
GENERAL CONTRACT CONTRACT PRICE
P. DeCristof aro Co., Inc.
38 Glendower Itoad 065,511.80
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 Pul3lic Works Administration, and submit the same
immediately to the Regional Director, Region #1, Federal
Emergency Administration of Public Works., together with
names of proposed Surety Companies for performance gond 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.
1
1
1
M
Mr. Raymond read a letter from Mr. Garrity to which was
attached a bill in the amount of y,'14.25 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 childrenst 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. Rav 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 $25# 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
PT
from that area for a period of three years, and if it
were not for this work, one mik�zt realize a profit of
50. per acre each year for pasture and grass land, and
X150. per year for intensely cultivated lands. He explained
this to the Town Counsel and asked if he approved of these
damages. Mr. V*rIghtington 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 tLuthorities 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 Sewer Commissioners were
assigned to the Board of Selectmen as a Board of Public
Rorks; and
WHEREAS, Archibald R. Giroux. -Albert A. Ross, William
G. Potter, Philip M. Clark, and A. Edward'Rowse, citizens
1
1
1
2.5
and residents of the said Town have been duly qusl ified 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 (;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 19381, said bonds or notes to be
payable in not more than fifteen years at such terms and
maximum rate of inter(:.st 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,
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
Bus4,and Thomas Cavanaugh to a private way, thence northwest-
erly in said private way to Grant Street, thence northwe'bt;rTly
in derint Street , Colony Road, and lands now or formerly
26
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 nm th-
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 ?8000.00 therefor to be included in the
amount raised under Aticle 2.11
VEIEREAS 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 -Xilliam J.
Leary.
2. Parcel 2 is 13.50 feet in width adjoining the westerly
side of the said 25 foot easement and extending northerly 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 noir or formerly of 1illiam 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 feet in width adjoining the easterly
side of the said 25 foot easement and extending northerly from
I
1
1
1
27
the southerly end of said easement distant about 360 feet
on land now or formerly of v'9illiam 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 and 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 Busa, and Thomas
Cavanaugh.
S. 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 feet on land now 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
' 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 90U 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
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 server 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 soAtherly 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 161, 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 Server, Plan of
1
fl
1
M
Easements, Liberty Avenue to Manhole #142 on Existing Main
Sewer," Scale 40 ft. to 1 inch, November 12, 1938. John T.
Cosgrove, Town Engineer.
uEMREAS the said temporary leasehold interests here-
inafter taken are necessary for the said purpose;
Owner Amount
William 7. Leary.....................T6 T.00
Louis Leturmy........................ 54.00
Bridget J. IvIchearney 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......... 0 ............ 0 16Q.60
Federal Farm Mortgage Corporation.... 225.00
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,
to its and their own usd and behoof for a period of two years
from November 25, 1938.
' IN 171TNESS "411EREOF 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
NO'ii, 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 hereby 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 the agents and servants for the operation of engineers
!Ln
and or and the storage of equipment and of materials frr
construction, or materials removed from excavations, for such
eons ruction, or for any other purpose in the construction of
the said public works, including the right to erect and
maintain such temporary office quarters and shelters as may
be reasonably 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
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 7. Leary.....................T6 T.00
Louis Leturmy........................ 54.00
Bridget J. IvIchearney 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......... 0 ............ 0 16Q.60
Federal Farm Mortgage Corporation.... 225.00
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,
to its and their own usd and behoof for a period of two years
from November 25, 1938.
' IN 171TNESS "411EREOF 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
so
r -a
Commonwealth of Massachusetts
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,
Vim. S. Scamman
Notary Public
(My Commission Lxpires April 18, 1941)
ORDER OF TAKING BY TOWN OF LEACINGTON FOR RIGHTS
OF WAY AND EASEMENTS UNDER CHAPTER 504 OF THE ACTS OF
1897, AS jUENDED.
41EREASBy 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
1h'IIEREAS, 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 'dater 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 ,"dater 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 Works,
and
M
WHEREAS, Archibald R. Giroux, Albert A. Ross, Williaim'G.
#otter, 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-
ernm8ntlinder 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 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 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
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 pardel 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 t8OOO.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
40 081 30" E and passing through the center of manhole
number 142, distant 765.00 feet to an angle point, thence
N 50 081 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 650 471 Vd distant 388.26 feet to the easterly line of Grant
Street, and for a width of 16.50 feet on each side of the I
center line.
1
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 70 35+ 30" E distant 126.74 feet to a point of
curvature, thence bearing to the right with a curfte of 1034.0
feet radius distant 305.19 feet to a point of tangency, thence
N 240 301 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 880 341 30" IN 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 where 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 453
feet from the westerly line of Grant Street at its inter-
section with Colony Road, thence N 400 361 30" W distant about
982 feet to an angle point, thence N 360 011 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 360 Ol' W distant about 875 feet to an angle point, thence
N 660 141 30" "N distant 1770.17 feet to an angle point, thence
S 700 561 4511 W distant 317.61 feet to an angle point, thence
S 570 451 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
a private way, and begins at its
ly line of North Hancock Street,
about 300 feet, and for a width
of said center line.
center line of Hamilton Road,
intersection with the souther -
thence S 280 501 W distant
of 25.00 feet on each side
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.
33
34
085.70
Louis Leturmy.....................0.
76.60
Bridget J. McKearney et al..........
35.26
Angelo and Antoinette Busa....... ...
84.90
Thomas Cavanaugh.... *.** ............
c
6 REAS the rights of ways and easements hereinafter
taken are necessary for the said purpose;
276*10
N0,'J, THEREFORE, the said Board of Selectmen acting for
'
and on behalf of the said Town under authority of the said
449.00
Chapter 504 of the Acts of 1897, as amended, and of every
other power them thereto enabling, do hereby take rights
115.80
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 a'ents 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.
Pio assessments for betterments are to be levied
'
for the said public improvement.
The following damages have been determined and -they are
awarded.
Owner Amount
William J. Leary ...................
085.70
Louis Leturmy.....................0.
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., ...... * ....
276*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.
IPJ WITNESS EITEREOF the said Board of Selectmen have '
hereunto subscribed their names this twenty-first day of
November, 193£3.
Archibald R. Giroux,
William G. Potter
Albert A. Ross
A. Edward Rowse
Philip M. Clark
12"1
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 Philip M. Clark, and
severally acknowledged the foregoing instrument and statement
by them to be their free act and deed and the free act and
deed of the Town of Lexington, before me,
James J. Carroll
Notary Public.
Mr. 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 charge 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, P,Irs. Sarano and Mrs. Hauck. Mrs.
Sarano and Plus. 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. Garrityts 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
Mr. Raymond read a letter from Mr. Garrity stating that
he had had requests for wood from people who were willing to ,
saga 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 enou,h 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 1P6. 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 X880. which was contaiiied in his estimate for the
Street emergency street cleaning on the basis of which the X19,500
'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 x;2600. 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 '
pavin7 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 motion 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 -
cider 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. 111hen 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 as4well 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. Regulationz
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 1935. 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 John W houley and W. S. Couette were maintaining illegal
38
Letter was received from the Town Accountant stating
bhat 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 juri-#d.iction of the Town Clerk and he requested
suns and had made no effort to abolish the zoning viola -
that the proper forms for the preparation of the Election
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.
ask him who was supposed to prepare the Elections budget.
Potter moved that the Board approve this action on the part
The Chairman called the Board's attention to the fact
Hayden
of the Building Inspector. Mr. Revise seconded the motion
gift.
Aldrich property. Mr. Potter moved that the Chairman send
and it was so voted. .
a letter of thanks to Mr. Hayden. 14r. Clark seconded the
Chief Taylor of the Fire Department appeared before
Use of
Valley Rd.
the Board. He said that Mrs. John May had called his
ing the Legislative Council of the Middlesex County Select-
attention to the fact that fire apparatus could not get up
Wednesday evening, and there was none.
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:
LiC,gett Drug Co., Inc. 1721 Mass. Ave. -Common Victualler
Licenses Abraham Alpert, 22 Sylvia Street - Peddler
Frank ,7. Champlin, 20 Bertwell Rd. - it
Augustus J. Silva, 643 Waltham St. - Pat. of Milk
Commitments of ';later Connections in the amount of
Commitments.,�,?'105.09 and Sewer Connections in the amount of w34.12
were signed by the Board.
1
u
Letter was received from the Town Accountant stating
bhat 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 juri-#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. 14r. 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.
1
u
1
11
Messrs. Mitchell and Morse appeared before the Board
relative to Welfare matters.
The meeting adjourned at 11:10 P.M.
A true record, Attest:
Welf are