HomeMy WebLinkAbout1939-02-13180
SELECTMENtS MEETING
FEB. 13th, 1939
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 and Mr. Rowsd were present. Mr. Potter
arrived at 8;00 P. M. The Clerk was also present.
Mr. Ralph E. Chadwick, Sealer of Weights and Measures
in the Town of Belmont appeared bdfore the Board. He said
that no one in Lexington was eligible to serve as Sealer
because no one passed the examination. of the three men that
did pass the examination, only two took the physical test.
Mr. Chadwick presented a letter from the Director of Standards
suggesting that Lexington join with Belmont and have Mr.
Sealer of Chadwick act as Sealer for both towns. The Director
Weights & recommended Mr. Chadwick very highly. Mr. Chadwick said
Measures that he had the approval of the full Board of Selectmen of
Belmont in requesting the position in Lexington as his own
is only a part-time job.
The Chairman said that an error had been made in not-
ifying the Civil Service Commission that the salary for the
position was $500.00 as he said that it had always'been 4450.
and was raised the last year of Mr. Hadley's service to $500.
The Clerk said that it was not an error and that the '
Commission had asked what the salary was, and inasmuch as
it was $500.00, that was the information given them. Mr.
Chadwick said that his understanding was that once a salary
was posted for a civil service position, it could not be
increased or decreased.
Mr. Rowse said that if Mr. Chadwick was hired, it would
be a permanent position. He said that in the past, the Town
had had a Plumbing Inspector who did not live in Lexington
and there was a great deal of criticism. He asked who checked
on the work of the Sealer, and Mr. Chadwick said that all the
inspectors came under the supervision of the State'. He re-
tired.
Mr. Mitchell and Mr. Morse appeared before the Board'
relative to welfare matters.
The matter of reducing the charities account to $115,350.
(the amount appropriated in 1938) was discussed, and the
Chairman said he thought that most of the reduction would
Welfare have to come from Public Welfare. He asked Mr. Mitchell if
budget he had revised his estimates, and Mr. Mitchell said that he
had no figures to revise, that the amount as submitted by
him was his estimate and he could not reduce it. He said
that he was almost certain that the amount requested under
A. D. C. would not be sufficient.
Mr. Rowse said that the Board wished to place some of
the responsibility of watching the charities appropriation
and reducing the expenses on Mr. Mitchell. He told him
that he would have to watch his cases very closely and
bring Blown his recommendations to come within the amount
of money available.
Upon motion of Mr. Rowse, seconded by Mr. Potter, it
was voted that the following amounts be approved for
charities=
Chapter 117
Town Physician
Aid to Dependent Children
(Including Administration
Old Age Assistance
(Including Administration
Soldiers' Benefits
State Aid
Military Aid
Soldiers► Burials
67,225.00
1,150.00
10,475.00
charges of $475.)
27,050.00_
charges of $2050.)
Soldiers$ Relief (Administration)
7,500.00 .
500.00
1,000.00
100.00
350.00
$1150350.00
Weifare
budgets.
Mr. Raymond appeared before the Board. He reported
that the Engineers on the Vine Brook job recommended a Vine
change order to enable them to get in concrete supports Brook
for the stubs. The estimated cost of this work was $300. Project.
Mr. Potter moved.that the change order be approved and signed.
Mr. Rowse seconded the motion and it was so voted.
Mr. Raymond reported that the Sacred Heart Church had
requested the use of Cary Hall on April 18th for the pur-
pose of holding a,reunion and last year they paid $15. for
a similar use. Mr. Rowse moved that the use of the hall Use of
be granted on that evening subject to a fee of $15. Mr. Hail.
Potter seconded the motion and it was so voted.
Mr. Raymond reported that the Lexington Firements
Benefit Association had requested the use of Cary Hall on
February 25th in the afternoon and evening for the purpose
of putting on a movie. Mr. Rowse moved that the use of
the hall be granted subject to a fee of $25.00. Mr. Potter
seconded the motion and it was so voted.
Mr. Raymond presented the orders of takings for Butter -
fields# Pond. Upon motion of Mr. Potter, seconded by Mr.
Rowse, it was voted to sign the orders as follows=
ORDER OF TAKING BY TOWN OF LEXINGTONO LANDS AND
RIGHTSUNDERTHE ACTS OF 1826, CHAPTER 263.
WHEREAS By Chapter 263 of the Acts of 1826 entitled
"An Act Relative to Improving the Surface and Gr and Drainage
in the Town of Lexington and in Adjoining Towns" said Town
was authorized,,among other things, to improve b oks, streams,
and water courses, and for the set forth therein to
purposes
'
take in fee simple or otherwise land or any right of easement
In land, including any brook, stream, pond or water course
or any part thereof; and
182'
WHEREAS the said Town of Lexington duly accepted the
said Act in the manner provided therein; and
WHEREAS Archibald R. Giroux, 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 dilly
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 8th day of
August, 1938, voted to take up together articles 3 to 7 of
the warrant for the said meeting and to eliminate from the
following votes the references to specific articles of the
said warrant and thereafter the following votes were duly
adopted by more than a two-thirds vote:
"FURTHER VOTED: That the Selectmen be authorized in the
name of and on behalf of the Town to acquire by purchase or
eminent domain for surface and sanitary drainage purposes
anor all of the land on both sides of Vine Brook as follows:
(a} on the relocated North and South Branches of Vine Brook
from Marrett Road to Vine Brook for an aggregate width not
exceeding one hundred and fifty feet; (b from the easterly
sidd of Waltham Street to the location -described under (a)
of this vote for an aggregate width not exceeding sixty
feet (c) from Vine Brook to Massachusetts Avenue for an
aggregate width not exceeding fifty feet; (d) from the land '
',Vine Brook of the Town on which stands the Town Office Building to
Order Hayes Lane for an aggregate width of twenty-five feet;
(e) from Hayes Lane to East Street for an aggregate width
not exceeding one hundred fifty feet; (f)' from East Street
to North Street for an aggregate width not exceeding fifty
feet; (g) temporary leasehold interest in adjoining land for
use during construction and to deepen, widen, straighten,
and relocate the parts of the channel of the said Vine Brook
and its North and South Branches within the said takings, to
change its location from its present channel, to construct
closed -conduits in place of open channels and to change the
direction, volu:ae and rapidity of the flow of the said Brook,
and its said Branches, and of any surface or underground water
flowing ihto it, and to construct drainage improvements in
and adjacent to Vine Brook extending from Winthrop Road Ex-
tension so called on the South Branch and Waltham Street on
the North Branch to North Street, including the construction
of a conduit in place of an -open channel from the junction of
the North and South Bran ehes to Hayes Latae, substantially as
recommended by the Vine Brook Drainage -Committee in a report
received by the Town, September 27, 1937, and that the Sel-
ectmen be authorized to do such work as may be required to
restore and maintain or supplement existing private water
supplies now in use (exclusive of operating expenses) which
may become diminished or impaired as a result of the.conatrue- '
tion of the proposed Vine Brook Channel; to grant rights of
way and to lay out such streets and ways across the land to
be acquired under this vote as may be deemed advisable and
for the purpose of meeting the cost of such construction the
sum of $273,000.00 be appropriated, of vdlich pqtwo,00
shall be for land acquired; also under
Article 4. VOTED: That the Selectmen be authorized on be-
half of the Town to purchase or take by eminent domain lands
or the right or easement in lands to construct at the outlet
of Butterfield►s Pond at Lowell Street a dam to create a
storage basin for flood flows of Vine Brook and the right
to flow the land under and adjoining the said Butterfieldts
Pond and its tributaries to the level of elevation one hun-
dred and seventy-six feet above mean sea level, and that the
Selectmen be authorized in the name of and on behalf of, the
Town to execute contracts for the construction of such a dam
and appurtenant works, and that for that purpose the sum of
30,000.00 be appropriated, of which $10,000.00 shall be for
land and flowage rights acquired; also under
Article 5. VOTED: That the Selectmen be authorized to con-
struct a conduit to enclose the North Branch of Vine Brook
from the west side of Waltham Street to the junction of the
North and South Branches; and that for that purpose the sum
of $17,000.00 be appropriated; also under
Article 6. 'VOTED: That the Selectmen be authorized to con-
struct a low level sewer from a point about two hundred and
' ten feet (2101) east of Hayes Lane to a point about two
hundred twenty feet (2201) south of Vine Brook Road near the
conduit to be constructed for Vine Brook as authorized by
this meeting and to acquire by purchase or by taking by
eminent domain any necessary easement therefore, and that
for that purpose the sum of $25,000.00 be appropriated; also
under
Article 7. VOTED: That for the purpose of meeting the
appropriations voted.under Articles 3 to 6 inclusive, the
Town Treasurer, with the approval of the Selectmen, be and
hereby is authorized to borrow $183,000. under authority of
and in accordance with the provisions of Chapter 50 of the
Acts of 1938 and to issue bonds or notes of the .Town therefor,
payable in not more than fifteen years at such tetras 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 Aftinistration 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
184
applicable Federal regulations; and the Selectmen are authoP-
ized to do all other acts and things necessary or convenient
for obtainin said grant, making said loan, and constructing ,
said project §.
WHEREAS the Selectmen have determined the location of
lands to be taken for the construction, operation and main-
tenance of a dam and dikes at the outlet of Butterfieldts
Pond and to create a storage basin for flood flows of Vine
Brook as follows;
"A" A parcel of land now or formerly of John J. and Esther
H. -Burtch of Lexington beginning at the intersection of the
southwesterly sideline of Lowell Street with the shoreline
of Butterfieldts Pond, thence in a generally southwesterly
direction along said shoreline distant about 145 feet to a
point, thence easterly distant about 80 feet to a point in
the southwesterly sideline of Lowell Street, thence in a
northwesterly direction along the southwesterly sideline of
Lowell Street distant about 125 feet to the point of beginning,
containing about 5000 square feet, and located in Lexington
shown as parcel "E" on a plan entitled, "PLAN SHOWING LANDS
AT BUTTERFIELDtS-POND FOR A FLOOD RETARDING BASIN, August 23,
1938, Scale 1 inch - 100 feet, John T. Cosgrove, Town Engin-
eer, Lexington, Mass."'with the exception of that area which
was taken for the relocation of Lowell Street by an order of
the County Commissioners dated December 16th, 1938, the lines
of said relocation being shown in red on the said plan.
"B" A parcel of land now or formerly of George E. Ham of
Lexington beginning at the intersection of the southwesterly
sideline of Lowell Street with the shoreline of Butterfieldts
Pond, thence in a generally westerly directioxi along said
shoreline distant about 825 feet to a point, thence south-
westerly along the centerline of a brook distant about 250
feet to a point on the easterly sideline of Adams Street,
thence northerly along the easterly sideline ofo Adams Street
distant about 410 feet to a point, thence S 67 421 13" E dis-
tant about 120 feet to a point, thence S 450 421 13" 13 -dis-
tant 190.00 feet to a point, thenceN 560 471 47" £.distant
143 feet to a point on the southwesterly sideline of Lowell
Street, thence in a southeasterly direction along the south-
westerly sideline of Lowell Street distant about 295 feet
to the point of beginning, containing about 3 acres and
located in Burlington shown as Parcel "B" on a plan entitled,
"PLAN SHOWING LANDS AT BUTTERFIELDIS POND FOR A FLOOD
RETARDING BASIN, August -23,, 1938, Scale 1 inch - 100 feet,
John T. Cosgrove, Town Engineer, Lexington, Dass." with the
exception of that area which was taken for the relocation of
Lowell Street by an order of the County Commissioners dated
December 16th, 1938, the lines of said relocation being shown
in red on the said plan.
"C" A parcel of land lying beneath the surface of Butter-
fieldts Pond so-called in Burlington and Lexington and
adjacent to Parcel "B" above described,believed to be owned
nvw.or formerly by George E. Ham of Lexington.
"D" A parcel of land lying beneath the surface of Butter-
fieldts Pond so-called in Burlington and Lexington, including
all the area beneath the surfade of said Butterfieldts Pond
not included in parcel "C" above described, believed to be
oVmed now or formerly in part by Harvey C. Wheeler, in part
by John J. and Esther H. Burtch, in part by David H. Eaton,
and in part by Florence M. Anderson.
WHEREAS the lands and rights hereinafter taken are nec-
essary for the said purpose=
NOW, THEREFORE, the said Board of Selectmen acting for
and on behalf of the said Town under authority of the said
Chapter 263 of the Acts of 1926 and every other power them
thereto enabling do hereby take by eminent domain the lands
within the locations above described, in fee simple, together
with the right on the part of the Selectmen of the said Town
or other duly authorized agents of the Town to enter upon,
build and maintain a dam and dikes and appurtenant works and
create a storage basin for flood flows of Vine Brook and to
change the direction, volume, and rapidity of the flow of any
surfaee or underground water flowing into or out of the said
Butterfieldts Pond and to change and regulate the level of
elevation of the surface of the water in the said pond as
' may be required for the maintenance and operation of the
said storage basin, but not exceeding the level of elevation
176°feet above mean sea level. Trees within the said loca-
tions are included in this taking.
No assessments for betterments are to be levied for the
said improvement.
We determine that damages have been sustained as follows;
John J. and Esther H. Burtch $100.00
George E. Ham 1150.00
Harvey C. Wheeler 300.00
David H. Eaton 10.00
Florence M. Anderson 10.00
TO HAVE AND TO HOLD the said lands and rights 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 thirteenth day of
February, 1939.
ARCHIBALD R. GIROUX
WILLIAM G. POTTER
' A. EDWARD ROWSE
PHILIP M. CLARK
Lexington, Massachusetts
Commonwealth of Massachusetts
Middlesex, ss.
Gh this thirteenth day of February, 1939, personally
appeared the above named Archibald R. Giroux, William G.
Potter, 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 Tovim of Lexington, before me
James J. Carroll
Notary Public
(Term - Mar. 14, 1945)
ORDER OF TAKING BY TOWN OF LEXINGTON OF FLOWAGE
RIGHTS AT BUTTERFIELD' S. POND UNDER _THE ACTS OF 1926 CHAP -6
TER 263.
WHEREAS By Chapter 263 of the Acts of 1926 entitled
"An Act Relative to Improving the Surface and Ground
Drainage in the Town of Lexington and in Adjoining Towns",
said Town was authorized, among other things, to improve
brooks, streams and water courses, and for the purposes set
forth therein to take in fee simple or otherwise land or
any right of easement in land, including any brook, stream,
pond or water course or any part thereof; and
WHEREAS the said Town of Lexington duly accepted the '
said Act in the manner provided therein; and
WHEREAS Archibald R. Giroux, 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 8th day of
August, 1938, voted to take up together articles 3 to 7 of
the warrant for the said meeting and to eliminate from the
following votes the references to specific articles of the
said warrant and thereafter the following votes were duly
adopted by more than a two-thirds vote:
"FURTHER VOTED: That the Selectmen be authorized in
the name of andon behalf of the Town to acquire by purchase
or eminent domain for surface and sanitary drainage pur-
poses any or all of the land on both sides of Vine Brook as
follows: ra) on the relocated North and South Branches of
Vine Brook from Marrett Road to Vine Brook for an aggregate
width not exceeding one hundred and fifty feet; (b) from
the easterly side of Waltham Street to the location described
under (a) of this vote for an aggregate width not exceeding
sixty feet; (c) from Vine Brook to Massachusetts Avenue for ,
an aggregate width not exceeding fifty feet; (d) from the
land of the Town on which stands the Town Office Building
Ulm
' of the North and South Branches, and that for that purpose
the sum of $17,000.00 be appropriated; also under
Article 6. VOTED: That the Selectmen be authorized to
construct a low level sewer from a point about two hundred
to Hayes Lane for an aggregate width of twenty-five feet;
(e) from Hayes Lane to East Street for an aggregate width
'
not exceeding one hundred fifty feet; (f) from East Street
to North Street for an aggregate width not exceeding fifty
feet; (g) temporary leasehold interest in adjoining land
for use during construction and to deepen, widen, straighten,
and relocate the parts of the channel of the said Vine Brook
and its North and South Branches within the said takings,
to change its location from its present channel, to construct
closed conduits in place of open channels and to change the
direction, volume and rapidity of the flow of the said Brook,
and its said Branches, and of any surface or underground
water flowing into it, and to construct drainage improve-
ments in and adjacent to Vine Brook extending from Winthrop
Road Extension so called on the South Branch and Waltham
Street on the North Branch to North Street, including the
construction of a conduit in place of an open channel from
the junction of the North and South Branches to Hayes
Lane, substantially as recommended by the Vine Brook
Drainage Committee in a report received by the Town,
September 27, 1937, and that the Selectmen be authorized
to do such work as may be required to restore and maintain
or supplement existing private water supplies now in use
(exclusive of operating expenses) which may become diminished
or impaired as a result of the construction of the proposed
Vine Brook Channel; to grant rights of way and to lay out
such streets and ways across the land to be acquired under
this vote as may be deemed advisable, and f or the purpose
of meeting the cost of such construction the sum of #237,000,
be appropriated, of which $29,600.00 shall be for land
acquired; also under
Article 4. VOTED: That the Selectmen be authorized on
behalf of the Town to purchase or take by eminent domain
lands or the right or easement in lands tol'congtruet at the
outlet of Butterfield's Pond at Lowell St,�, am to
create a storage basin for flo flows of�rVine Brook and
the right to flow the land unde and Ojoining the said
Butterfield's Pond and its tributaries to the level of
elevation one hundred and seventy-six feet above mean sea
level, and that the Selectmen be authorized in the name of
and on behalf of the Town to execute contracts for the _
construction of such a dam and appurtenant works, and that
for that purpose the sum of $30,000.00 be appropriated, of
which $10,000.00 shall be for land and flowage rights ac-
quired; aego,under
Article 5, VOTED: That the Selectmen be authorized to
construct a conduit to enclose the North Branch of Vine
Brook from the west side of Waltham Street to the junction
' of the North and South Branches, and that for that purpose
the sum of $17,000.00 be appropriated; also under
Article 6. VOTED: That the Selectmen be authorized to
construct a low level sewer from a point about two hundred
188
and ten feet (2101) east of Hayes Lane to a point about
two hundred twenty feet (2241) south of Vine Brook Road ,
near the conduit to be constructed for Vine Brook as
authorized by this meeting and to acquire by purchase or
by taking by eminent domain any necessary easement there-
for, and that for that purpose the sum of $25,000.00 be
appropriated; also under
Article 7. VOTED: That for the purpose of meeting the
appropriations voted under Articles 3 to 6 inclusive, the
Town Treasurer, with the approval of the Selectmen, be and
hereby is authorized to borrow $183,000. under authority
of and in accordance with the provisions of Chapter 50 of
the Acts of 1938 and to issue bonds or notes of the Town
therefor, 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 author-
ized.
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 obtaining said grant, making said loan, and
constructing said project."
WHEREAS the Selectmen have determined the location of
easements and rights to be taken to flow water over the
land adjoining Butterfield's Pond and its tributaries to
the level of elevation one -hundred and seventy-six feet
above mean sea level, as follows=
1. A parcel of land in Lexington on the easterly side of
Lowell Street containing about 0.3 acres and being a por-
tion of land now or formerly of Angelina Mereadante.
2. A parcel of land in Lexington on the westerly side of
Lowell Street containing about 0.2 acres and being a
portion of land now or formerly of Lexington Real Estate
Trust, Robert L. Ryder, Trustee.
3. A parcel of land in Lexington on the westerly side of
Lowell Street containing 0.9 being
about acres and a por-
tion of land now or formerly of David H. Eaton.
T 6,
OM
4. A parcel of land in Lexington on the westerly side of
' Lowell Street containing about 0.5 acres and being a portion
of land now or formerly of John J. and Esther M. Burtch,
5. A parcel of land in Lexington on the northerly side of
North street containing about 0.3 acres and being a portion
of land now or formerly of Florence M. Anderson.
6. A parcel of land in Lexington on the southerly side of
North Street containing about 0.3 acres and being a portion
of land now or formerly of Jennie E. H. Brown and Lilya
Hightower.
7. A parcel of land in Lexington on the southerly side of
North Street containing about 4.3 acres and being a portion
of land now or formerly of Rupert H. Stevens.
8. A parcel of land in Lexington on the southeasterly side
of Adams Street and along both sides of Vine Brook contain-
ing about 5;3 acres and being a portion of land now or
formerly of Albert H. Burnham.
9. A parcel of land in Lexington on the westerly side of
Vine Brook containing about 0.2 acres and being a portion
of land now or formerly of William E. Fiske.
' 10. A parcel of land in Lexington on the northwesterly side
of Adams Street containing about 0.3 acres and being a portion
of land now or formerly of Bury Trupasso.
11. A parcel of land located partly in Lexington and partly in
Burlington on the easterly side of Adams Street containing
about 3.0 acres and being a portion of land now or formerly
of Harvel C. Wheeler.
12. A'parcel of land located partly in Lexington and partly
in Burlington on the westerly side of Adams Street contain-
ing about 4.6 acres and being a portion of land now or form-
erly of itamona M. Brogi.
13. A parcel of land in Burlington on the westerly side of
Adams. Street containing about 0.2 acres and being a portion
of land now or formerly of Jacob Bernstein,
14. A parcel of land in Burlington located westerly of Adams
Street and northerly of North Street containing about 700
square feet and being a portion of land now or formerly of
Edith W. Willard.
The above described parcels are shown, numbered 1 to
14 inclusive, on a plan entitled "PLAN SHOWING LANDS AT
' BQTTERFIELD'S POND FOR A FLOOD RETARDING BASIN,_August.23,
1938, Scale 1 inch - 100 feet, John T. Cosgrove, Town
Engineer, Lexington, Mass,*
190
WHEREAS the said easements and rights hereinafter
taken are necessary for the said purpose;
'
NOW., THEREFOREthe said
, id Board of Selectmen acting for
and on behalf of the said Town. under the authority of said
Chapter 263 of the Acts of.1926 and of every other power
them thereto enabling, do hereby take by eminent domain the
rights within the locations above described and shown on
the said plan, as follows= vis; the right on the part of
the Selectmen of the said Town or other duly authorized
agents of the Town to enter upon from time to time and remove
brush and debris and to flow the water of But terfi eld t s Pond
and its tributaries over the above described lands to a
level of elevation not exceeding one hundred and seventy-
six feet above mean sea level in order toa rovide storage
P g
basin for flood flows of Vine Brook and to change the
direction, volume and rapidity of the flow of any underground
and surface water beneath or on the said above described
areas and to construct and maintain channels and to fill
depressions where required to provide suitable drainage in
connection with the operation of the said storage basin for
flood flows of the said Vine Brook.
No assessments for betterments are to be levied for the
said improvement:
We determine that damages have been sustained as
follows:
,
Angelina Mereadante $60,00
Lexington Real Estate Trust (Robert .
L. Ryder, Tr.) 40,00
David H. Eaton 243.00
John J. and Bather M. Burtch 100.00
Florence M. Anderson 120,00
Jennie E. H. Brown and Lilya Hightower 150,00
Rupert H. Stevens 1290,00
Albert H. Burnham 2230,00
William E. Fiske 80,00
Mary Trupasso 60.00
Harvey C. Wheeler 1670,00
Ramona M. Brogi 920,00
Jacob Bernstein 40,00
Edith W. Willard 4,00
TO HAVE AND TO HOLD the said rights 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 thirteenth day of
February, 1939.
Archibald R. Giroux William G. Potter '
A: Edward Rowse Philip M. Clark
"I
Commonwealth of Massachusetts Lexington, Massachusetts
Middlesex, as.
On this thirteenth day of February, 1939, personally
appeared the above named Archibald R. Giroux, William G.
Potter, A. Edward Rowse, and Philip M. Clark, and severally
acknowledged the foregoing Instrument and statement by them
to be their free act and deed and the free act and deed of
the Town of Lexington, before me
James J. Carroll
Notary Public
(Term - March 14, 1945)
Mr. Raymond said that the present tree trimming project
would last three or four weeks longer and said that the
now one had been approved. He requested authority to start W.P.A.
the new one when the old one was completed. Mr. Rowse Project
moved that the request be granted. Mr. Potter seconded the
motion and it was so voted.
Mr. Raymond read a letter from Hildur Sorenson, owner
of the land located at 116 Woburn Street, which was used
previously for dumping purposes. Mrs. Sorenson would agree
Woburn
to allow the town to use the land for a rental charge of
Street
' 0100. per year provided the town would maintain the dump
Dump
and erect a hog wire fence. Mr. Raymond said he thought it
would cost around $50. to put the fence up. He thought that
the Ashes and Dumps appropriation should be increased by
this amount to take care of the fence. Mr. Rowse said he
thought that the $50, should be part of the article request-
-
ing approval to lease the land. After some discussion, Mr.
Rowse moved that an article be inserted in the warrant to
see if the town would authorize the Selectmen to lease the
land for a period of three years for dumping purposes. Mr.
Potter seconded the motion and it was so voted.
Mr. Rowse then moved that the sum of $100. be added to
the Ashes and Dumps appropriation to take care of the
erection of the fence for the Woburn Street dump and main-
Article
tenance of same. Mr. Potter seconded the motion and it was
so voted.
Mr. Raymond said that he had contacted the people on
Oakmount Circle and found only one person who objected to
the installation of street lights there. Mr. Rowse moved Street
that arrangements be made so that street lights could be Lights.
installed on both the accepted and unaccepted portion of
Oakmount Circle. Mr. Potter seconded the motion and it was
so voted.
' Mr. Raymond read a letter signed by a majority of the
property owners on the upper end of Merriam Street requesting
that a sewer assessment schedule be prepared so that the Sewers
abutters could know what they would be charged if a sewer
Mr
Snow
equipment -
Ross.
Sewer -
Fletcher
Ave.
were extended in that street. Mr. Raymond said that if that
was done, then an assessment schedule for Adams Street should
be worked up. The question was whether or not the Board
wished the Engineering Department to prepare these schedules.
The Board had no objection to it.
Mr. Raymond read a report on the trucks used for snow
removal work. He said that there were eleven hired trucks
comparable in size and qualifications used in plowing
snow, four of them owned by Paul Wagner of Woburn. Mr.
Wagner registers his trucks in Lexington and his excise taxes
are paid in Lexington. Several of the other trucks are owned
by non-residents of Lexington. The Board reviewed Mr.
Albert Ross's letter of February 4th requesting that his
truck be given work on snow removal. Mr. Rowse moved that
Mr. Raymond be requested to use Mr. Ross's truck whenever
it was necessary for snow removal. Mr. Potter seconded the
motion and it was so voted,
Mr. Raymond reported that from estimates furnished him,
it was a toss-up whether to connect the houses on the lower
end of Fletcher Avenue to the sewer now under construction
or to a proposed sewer in Fletcher Avenue. In making up
the estimates, the cost of changing over the pliimbing and
the cost of providing the proper protection to the sewer
connections were considered, and three drop inlets were
counted on. Several of the houses will require an embank-
ment to protect the sewer connections from frost, etc.
Three of the lots will then require an inlet into the storm
drain to take care of the drainage on'the lots. Mr. Raymond
said he supposed that Messrs. Haynes and Keane would argue
that they should not be confronted with the cost of the
inlet and the embanlaaent, but these are costs which will have
to be met by someone if the houses are connected to the rear.
A sewer in Fletcher Ave. would cost about $5,000.00. Mr.
Raymond said it would cost the owner of #20 Fletcher Avenue
$100. more to connect to the rear rather than to Fletcher
Avenue. The Chairman asked Mr. Raymond which he recommended
and he recommended that the sewer be extended in Fletcher
Avenue and that the connections not be made to the rear. He
said it was about a fifty-fifty proposition on the cost and
that the assessments would be the same in either case.
The Board felt that it should adopt Mr. Raymond's
recommendation and requested him to write the people.on
Fletcher Avenue and explain the matter to them and inform
them that when connections are made to the sewer that they
will have to be made from Fletcher Avenue.
Mr. Raymond said that Bordon Slater had requested that
he be allowed to go up to the town woods and salvage the
Wood fallen trees there for the cost of doing the work and taking
the wood away. Mr. Raymond recommended that the request be
granted, subject to Mr. Garrityts approval. Mr. Rowse
moved thdt Mr. Raymond's recommendation be accepted. Mr.
Potter seconded the motion and it was so voted.
D
1
' Letter was received from Frank T. Neal making claim
against the town because of the taking of his land made in
connection with the North Lexington Sewer Project. Mr.
Raymond suggested that Mr. Cosgrove contact Mr. Neal and
explain what was to be done. He said that Mr. Neal would
suffer no damage.
1
1
Letter was received from the Town Counsel advising that
the General Law says that permits for plumbing have to be
approved by the Inspector of Buildings rather than by the
Inspector of Plumbing. Mr: Wrightington conferred with the
Assistant Attorney General in charge of town by-laws and
he said that the matter had never been brought to his
attention before. Mr. Longbottom saw no difficulty in having
the permits issued by him on reports by Lindstrom.
Mr. Wrightington wanted to know if the Board had any
objection to permits being issued in that manner.
He also said that the proposed new by-law contained a
requirement that permits could be issued only to master
plumbers and not to journeymen. He said that he had advised
Mr. Lindstrom that he had great doubt as to the validity
of such a restriction. The statute provides for both master
and journeymen plumbers and contains nothing which prevents
a journeyman plumber from obtaining permits. He said he
believed the Selectmen Ehould determine as a matter of policy
whether or not they wished to restrict permits to master
plumbers.
Mr. Raymond said he thought it might be a good idea to
have the Building.Inspector issue the permits rather than
the Plumbing Inspector inasmuch as it might tend to make him
plumbing conscious. The Board had no objection to the
Building Inspector issuing the permits.
In the matter of the issuance of permits to master
plumbers only, the Chairman suggested that Mr. Raymond dis-
cuss the matter with Mr. Lindstrom and arrive at some de-
cision and advise Mr. Wrightington.
Letter was received from E. B. Worthen advising that
there was on deposit in the Lexington Savings Bank on
October 19, 1938, a total principal of $23,085. represented
by 176 separate accounts.
Letter was received from the Town Treasurer advising
that the property at 20 Lincoln Street in the name of
Charles W. Ryder was acquired by the town by foreclosure of
#ax title as of February 4, 1939. Inasmuch as J. Willard
Hayden gave the property to the town in 1938, and was
accepted by the town in the same year, the Board was at a
loss to understand just what Mr. Carroll's letter meant.
The Clerk was requested to contact the Town Counsel and ask
him his opinion on the matter.
ru
Neal
claim.
Plumbing
Laws,
Funds
Aldrich
property
The Town Treasurer advised the Selectmen that property Tax Title
in the name of.one OtBrien, being lots 32 and 33 on Shade property
Street and property of one Cabeceiros on Bedford Street, had
been acquired by the Town by foreclosure of tax title.
Commitment of Water Miscellaneous charges in the
Commitment. amount of $5115.00 was signed by the Board.
Water Abatement in the amount of $7.56 was signed by
Abatement. the Board.
Upon motion of Mr. Potter seconded by Mr. Rowse, it
was voted to adopt the following amendment to the Traffic
Rules and Regulations;
"SECTION 15. BUS STOPS.
fiend by inserting
(a) No person shall park a bus upon any street within a
business district at any place other than a bus stop.
(b) The following locations are hereby declared to be
bus stops;
Easterly side of Massachusetts Avenue directly in front
of the Edison Electric Illuminating Company store.
194
�yy
W
State tax.
Letter was received from the Town Accountant
stating that he had heard that the State Tax deficiency for
1939 would be $20,750.00 and the 1939 State tax for Lex-
ington would be $69,305.00.
Board of
Board of Appeals findings denying the petition of
Appeals
D. J. O'Connell to maintain a theatre in the rear of 1775
Orders.
Mass. Ave. and granting the petition of William H. White,
Jr. for permission to maintain an automobile salesroom at
7 Mass. Avenue, were received.
Invitation to attend Governor Saltonstall's reception
Invitation.
on February 22nd, was received.
Letter was received from Albert A. Ross recommending
Approp.
Mr. William H. Driscoll for the Appropriation Committee
Committee.
when appointments to that committee are, -iso be made.
Mr. Potter moved that the Welfare Dept. be requested
List of
to submit a list of all recipients of aid under Chapter
Welfare.
117, giving the date that the person came on aid, the
number in family, and the amount of aid now being rendered.
Mr. Rowse seconded the motion and it was so voted.
The Board discussed the matter of a works project for
Welfare
welfare recipients. It was suggested that the following
works
wording be used in the vote for welfare money,- "of which
'
project,
the sum of $8000. may be used for a works project under
the direction of the Board of Selectmen".
Mr. Rowse moved that there be an article inserted in
Article
the warrant so that the $23,000, for storm emergency could
be bonded for a period of five years. Mr. Potter seconded
the motion, and it was so voted.
Commitment of Water Miscellaneous charges in the
Commitment. amount of $5115.00 was signed by the Board.
Water Abatement in the amount of $7.56 was signed by
Abatement. the Board.
Upon motion of Mr. Potter seconded by Mr. Rowse, it
was voted to adopt the following amendment to the Traffic
Rules and Regulations;
"SECTION 15. BUS STOPS.
fiend by inserting
(a) No person shall park a bus upon any street within a
business district at any place other than a bus stop.
(b) The following locations are hereby declared to be
bus stops;
Easterly side of Massachusetts Avenue directly in front
of the Edison Electric Illuminating Company store.
Easterly side of Massachusetts Avenue at the northerly
' side of the southerly entrance to Depot Park, dir-
ectly in front of the taxi stand.
Easterly side of Massachusetts Avenue about forty feet
northerly of northerly side of Merriam Street.
Westerly side of Massachusetts Avenue in front of A.A.
Marshall & Son property.
Westerly side of Massachusetts Avenue in front of
#1722.
The meeting adjourned at 10:32 P. M.
A true record, Attest:
C` lerk.1
1
Traffic
amendment