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HomeMy WebLinkAbout1939-06-2634 I SELECTMEN'S MEETING NNE 269 1939. A regular.meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, at 7:30 P.M. Chairman Giroux., Messrs. Potter, Rowse, Sarano and Locke were present. The Clerk was also present. At 7;30 P.M. hearing was declared open on the application of the Boston Edison Co. and the New England Tel. & Tel. Co. for permission to maintain three poles on Marrett Road, Pole southerly from Mass. Ave. No one appeared in favor or in Location opposition. Mr. Potter moved that the permit be granted. Mr. Saran seconded the motion and it was so voted. John Valentine appeared before the Board and said he wished to thank the members for the $30,000. policy which he had been requested to place. He said that his instructions were to place the policies with Mutual companies and that that would be hard for him to do. He talked with Mr. Cleason, Mr. Stonets law partner, who agreed with him. There are two questions to be considered: (1) whether or not the Board had the authority as a Board to accept the liability for the Town without the consent of the Town; and (2) whether or not the Board as a Board has the right to make the Town, as a corporation, part of another corporation. He said he assumed that the reason for going mutual was to save the dividends. Four or five years ago, the rate of town insurance was $1.28 and now it ib $1.12. He said no one knows how long the mutual companies.will be able to pay dividends. He said that the town had an appropriation this year for fire insurance of $4100, and by placing insurance with mutual companies, the Board was placing liability of $8200. on the town. Mr. Valentine presented a letter from E. A. Larner, Vice President of the Employers' Fire Insur- ance Co. stating that he had been informed that the Selectmen had decided to place the fire insurance on town properties, with mutual companies to the exclusion of stock companies. Mr. Larner said that Mr. Stone was on the West Coast, and he would appreciate it if the Board would delay any action on the matter until Mr. Stone's return. He presented an- other letter from J. Henry Duffy protesting the Board's action on the matter, -and also a letter from Robert Whitney in protest. Mr. Rowse asked if Mr. Valentine should not have devoted his efforts to seeing how to overcome the difficulties by going to non -insurance people. He said the liability of placing insurance with a first rate mutual company was ' practically nil. Mr. Val dntine said the only form of criticism Sze had was that mutual companies did not support Insurance 346 the insurance bureau. He said that was supported by voluntary subscriptions. ' Mr. Potter asked if Valentine knew any towns that invested in mutual companies and he said that Plymouth placed one-half of its insurance with mutual companies. The Town voted on it and agreed to that. Mr. Valentine said he came in to ask for a chance to place the insurance with a stock group. The Chairman told him that the Board would discuss the matter and he retired. The Town Counsel appeared before the Board. The Chairman explained the matter to him and said that there was some question as to the Board's right to place the insurance.in mutual companies without..authority of the Town Meeting. Mr. Wrightington said he could see the point, but had never looked into the matter but would do sound advise the Board. Mr. Rowse moved that the Board make no change in its vote of last week to have the two insurance policies placed in mutual companies through Mr. Valentine. Mr. Sarano seconded the motion and it was so voted. Mr. Rowse moved that an article be inserted in the i Warrant for the next town meeting to see if the town will Article. authorize the Selectmen to place not exceeding 50% of the total fire insurance on town properties with mutual compan- ies. Mr. Locke sedonded the motion and it was so voted. Messrs. Lindstrom and Raymond appeared before the ' Board relative to the proposed plumbing regulations. Mr. Lindstrom said there was a question regarding outside grease traps to be used when a septic tank or cesspool was being installed. He said that these outside grease -.,traps had been used in Weston and in New Jerseyand these places have had no trouble with grease,getting into the septic tank Plumbing or cesspool. He said that he had that incorporated in the Laws, proposed laws, but when the plumbers came in they objected to it so the clause was removed. He requested that the clause be left in. The Chairman asked how much additional this -would cost and Mr. Lindstrom said it would be $50.00 and would apply to new systems only. The objection was that that it would cost the speculative builder too much money$ The Chairman asked how the committee stood on it, and Mr. Ray- mond said that three of the members were in favor of it and one was opposed. He said that when the question first came up the committee stood 50-50 on It. Mr. Poole and Mr. Ferguson were opposed, but later on Mr. Poole declared that he favored it strongly. He said that he was not sure that that fact was ever brought•to Mr. Ferguson's attention. The Chairman suggested that the clause be left in with the understanding that the item•would be pointed out to the Town Meeting Members so that it could be discussed. Mr. Raymond said that if it was not pointed out, the plumbers ' would feel that something had been put over on them. The Clerk was instructed to advise the plumbers that the clause I. ' was being left in and would be brought up for discussion at.the Town Meeting. Mr. Lindstrom made the following recommendations alsol Section 23. To read: Fully automatic pressure and tem- perature relief valve shall be placed directly into the side of the tank with a tapping provided for this purpose, not over 6 inches down frbm the top of the tank. On tanks having heavy insulation where it is impossible to install .the relief valve directly into the tank a valve having an extended thermostat must be used. Section 29. No septic tank ahall be placed nearer than 15 feet to the outside foundation wall of any building, nor within five feet of any street, passageway or adjoining lot line and not less than 14 inches nor more than 24 inches below the ground surface or grade to the top of septic tank. Mr. Saran moved that the recommendations be adopted. Mr. Potter seconded the motion, and it was so voted. Mr. Lindstrom retired. Mr. Raymond said that the best estimate they could make now was that they would run about $600. over on the Stetson Street water main job, if they proceed to patch the pavement. He would not recommend stopping the job at the hydrant because there are two connections between the hydrant and Merriam Street and because a new house was ' being built. He would prefer to let the patching go and do It next year or ask for a transfer of money to do it. He requested approval of carrying through as originally planned. Mr. Rowse -asked if it might not be dangerous to have the wash going down onto Merriam Street, and Mr. Raymond said it would be necessary to put in a temporary patch. Mr. Rowse asked what would happen if they stopped at the hydrant, .and Mr. Raymond said that the new house would have to be connected with the old main and the pressure would be very poor. Mr. Sarano moved that the job be carried through as originally planned. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that there were a number of insurance policies expiring July 9th, 10th and 11th, as follows: Mary W. Ferguson, $15,000; J. 0. Richards, $11,000; Robert S. Sturtevant, $5,000; George W. Taylor & Son, $35,000; Robert Whitney, $44,300. Mr. Raymond said th at.he had a letter from one Charles O'Donnell of 1 Carley Road, re- questing that the Ferguson policy be placed with him. Mr. O?Donnell said that he had been a residdnt and taxpayer in Lexington for four years. Mr. Saran moved that the Ferguson policy be placed with Wm. H. Ballard through a stock company,• the J. 0. ' Richards policy through Louis J. Reynolds, through a stock company; the Robert Sturtevant.policy with. Louis J. Reynolds through's. stock compahy; the George W. Taylor -policy with 347 Stetson Street Water. Insurance the same company through a stock company; and Whitney policy with the same company through company. Mr. Locke seconded the motion and it the Robert a stock was so voted. Mr. Raymond said that an award of $920.00 had been Brogi made to one Brogi in connection with the Vine Brook Drain - award - Vine age project.. Brogi is apparently a straw name for Cadario Brook. and Cadario says he is ready to accept the award. He said he was merely calling this matter to the attention of the Board. The Board had no objection to settling the matter.. Mr. Raymond said that the Arlington Gas Co. had pe- titioned for permission to install a gas main in Hayes Ave. Gas from Merriam Street toward Berwick Road, a distance of extension, 420 feet. Mr. Raymond approved the extension. Mr. Potter moved that it be approved. Mr. Rowse seconded the motion and it was so voted.. The Company also wished to install a gas main in Glen Road from near Upland Road a distance of 95 feet and Mr. Raymond approved of this. Mr. Potter moved that the ex- tension be approved. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that there was a twelve inch Elm tree on Oak Street where petitions have been received for Tree - Oak a bituminous sidewalk. It is a nice tree but there is no Street way of building the sidewalk so that snow can be removed -without difficulty and damage to the tree. He advised that it be posted for removal and Mr. Garrity agreed with him. Mr. Potter moved that the Selectmen, acting as Tree Wardens, post the tree for removal. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that he would like authority to order 4000 feet of copper tubing, half three-quarter inch and Tubing. half one inch, to be purchased from Water Stock.at a cost of approximately $600.00. The money is available and the , price is low now. - Mr. Rowse moved that the purchase be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said he was not ready to report finally on the matter of street lighting and he thought it would Street be best to submit a written report. He said that the Lights, saving per year if the lights were turned off at midnight would amount to $1329.00. Mr. Rowse moved that the street lights be turned off at midnight beginning Wednesday, July 5th, 1939. Mr. Locke see6nded the motion and it was so voted. Mr. Raymond reported that the Chamber of Commerce Use of wished to use Estabrook hall on June 29th for a meeting. Hall. Mr. Sarano moved that the use of -the hall be granted free of charge. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that an award of $920.00 had been Brogi made to one Brogi in connection with the Vine Brook Drain - award - Vine age project.. Brogi is apparently a straw name for Cadario Brook. and Cadario says he is ready to accept the award. He said he was merely calling this matter to the attention of the Board. The Board had no objection to settling the matter.. Mr. Raymond said that the Arlington Gas Co. had pe- titioned for permission to install a gas main in Hayes Ave. Gas from Merriam Street toward Berwick Road, a distance of extension, 420 feet. Mr. Raymond approved the extension. Mr. Potter moved that it be approved. Mr. Rowse seconded the motion and it was so voted.. The Company also wished to install a gas main in Glen Road from near Upland Road a distance of 95 feet and Mr. Raymond approved of this. Mr. Potter moved that the ex- tension be approved. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that there was a twelve inch Elm tree on Oak Street where petitions have been received for Tree - Oak a bituminous sidewalk. It is a nice tree but there is no Street way of building the sidewalk so that snow can be removed -without difficulty and damage to the tree. He advised that it be posted for removal and Mr. Garrity agreed with him. Mr. Potter moved that the Selectmen, acting as Tree Wardens, post the tree for removal. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that he would like authority to order 4000 feet of copper tubing, half three-quarter inch and Tubing. half one inch, to be purchased from Water Stock.at a cost of approximately $600.00. The money is available and the , price is low now. - Mr. Rowse moved that the purchase be approved. Mr. Potter seconded the motion and it was so voted. Letter was received from Marion F. Brown, 19A Oakland Street, stating that he was building a house on Stetson Street and requesting that the sidewalk be lowered. Mr. Sidewalk Raymond said that the situation was just as Mr. Brown said Stetson and in some cases the sidewalk was three feet or more above the gutter and in some places two feet above the crown of the road. It would be necessary to lower about 200 feet of the sidewalk and if ledge is not encountered, this will cost approxirrm telt' $200.00. Mr. Rowse moved that Mr. Ray- mond procure a more.accurate estimate of the cost of lowering the walk. Mr. Potter seconded the motion and it was so voted. Mr. Raymond requested authority to spend about $300. Playgroun� for rough loam on the center playground project. Mr. project. Potter moved that this be approved. Mr. Sarano seconded the motion and it was so voted. At 8s46 P. M. Mr. Joseph P. Blackman of Medford appeared before the Board to discuss his application for- a transportation of garbage permit. .He was accompanied by another man. The Chairman said that the Board had asked him to come in to get some information. He asked Mr. Blackman where he got his garbage and Blackman asked if it'was necessary to answer. The Chairman said that the Board thought it was. The Chairman asked what towns he hauled through and Blackman asked if he had to answer that. The Chairman said that the Board would like to know. He Blackman said he hauled through Medford, Arlington, Cambridge, Garbage Somerville and Boston. The Chairman asked where he took License* the garbage to and he said he took it to his farm on Lowell Road. Part is in Burlington and part is in Lex- ington. Mr. Blackman said that his man was stopped by the Chief of Police in Lexington and asked if he picked up gar- bage in Somerville. Blackman said he wanted to protest against that as the Chief has no authority to ask questions about towns outside of Lexington. Mr. Rowse said he thought that the Board was entitled to ask for what in- formation•it desired. Blackman said that no one else had ever been before the Board when he applied for a license. The Chairman said that someone else was coming in tonight. Blackman said he had given all the information except rel- ative to where he got his garbage, which was his own private business. Blackman said he was raising a few pigs for a hobby and that it was not his source of income. He said he had just taken over the mortgage on the Mercadante farm. Blackman said that his truck was going over Cambridge Road now and was not going through Lexington. This street is in a very bad condition and he broke two springs on it. He requested that action be taken on the permit so that his truck could go through Lexington. They retired. Mr. Wrightington appeared before the Board. The Chairman explained the situation. Mr. Wrightington said that the Board was justified in investigating the character of 354 r� any applicant for a license, but as far as the Board of Health went, the matter had no bearing on the health of the community. It was decided to hold the matter over until the'next meeting. Dog Mr. Rowse moved that Edward C. Maguire be appointed Officer. as Dog Officer to serve until May 1st, 1940. Mr. Sarano seconded the motion and it was so voted. Mr. Wrightington, Mr. Greeley, representing the Plan- ning Board, and the Building Inspector, appeared before the Board, to discuss the stripping of loam. The Chairman said that he had received a complaint on the matter this evening. Mr. Wrightington said he did not believe there was anything the Town could do, but the people in the neighborhood could bring a complaint that the noise of the shovels, for'instance, was disturbing their rest and perhaps we could get some action in that manner. Mr. Greeley asked if the Board of Health could stop the stripping on the grounds of a nuisance, and Mr. Wright- ington said he supposed that it could but he had never heard of such a case. Mr. Greeley said that the Planning Board had had two or three meetings to discuss the matter and they had turned over some suggestions to the Town Counsel: They also discussed the matter with the State Consultant on planning. However, they have no solution to the problem at the present time. He said that the Planning Board was un- animously in favor of taking the case to the Supreme Court ,Stripping for two reasons; (1) to know what attitude the Supreme of loam. Court has in cases.of this kind; and (2) as citizens, the Board feels that they should not let Cadario get away with it. Mr. Wrightington asked if the Planning Board would consider the adoption of another By-law and Mr. Greeley replied in the affirmative. He said that the Board had read the Winchester By-law and was convinced that that was the most promising line for Lexingtonto take. However, that By-law has not stood a legal test. Mr. Wrightington said that in Winchester and Wayland, the Board of Appeals would have to grant a permit before stripping was allowedt so they have".not had to face an attack on the validity of their by-law. The Chairman called Mr. Wrightingtonts attention to the fact that the stripping was being done on the north- easterly side of Lincoln Street. They are stripping the loam almost to gravel and if there is a heavy rain, un- doubtedly it will wash down onto the street. Ile asked if:the`Board could take any legal action on account of flooding. Mr. Wrightington said that both sides had agreed on the facts and that that was over. Cadario did not say just where lie was going to remove the loam but said that they were going to excavate down to sub -soil. There is no opportunity to introduce further eiri dence. The Chairman said that there was a Tcw n pipe line across 351 this property but the Water Department had not had a chance to locate it yet. Mr. Wrightington said that the Town might have some further cause for action if it is found that the townts water pipe is damaged or town property is being endangered. He said that in the process of excavation, they might leave holes that may hold water and endanger the public health, but he did not believe that would be so, as they said they were going to strip down to the sub -soil only. Mr.. Sarano moved that the Town Counsel be instructed to ,claim an appeal and take the necessary subsequent steps until the Board directs him to the contrary in the case of Lexington vs. Menotomy Trust Co. and John Cadario. Mr. Rowse seconded the motion and it was so voted. They retired. Mr. Harrison P. Eddy, Mr. Raymond and Mr. Wrightington appeared before the Board. Mr. Eddy read a letter from Metcalf & Eddy as follows: June 26, 1939. Board of Selectmen Lexington, Mass. Gentlemen: As agreed in our letter of a week ago, we wish to make a further report regarding the contract of Mr. A. P. Rounds, with the Town for the construction of the North Lexington Sewerage system pumping station. Upon inquiry of the bonding company we find that their investigation led to no recommendation for expediting the work. Under the contract (page 52, Section 30) there are two Rounds possible grounds under which the contract might be terminated;Contract one under Par. d, which is based on refusal or failure to pursue the work with such diligence as will insure its completion within the contract time or any duly authorized extension thereof; and the other under Par. f7, is based on the Contractor's failure or refusal to regard laws and ordinances. It is extremely doubtful whether the Contractor can complete the work within the contract time, even were this to',be extended a few weeks on account of delays, as has been requested by the Contractor. A number of well-established labor law violations have been recorded. In considering the Town's interest in either continuing ' with this contract or terminating it, the following matters should be understood. If the contract is to be terminated , presumably the work would be completed by readvertising and 352 reletting to another Contractor. This will result in a substantial delay due to the necessity of•preparing new contract documents, advertising for bids, receipt of bids, approval of award of contract and execution of con- tract, and the necessary loss of time both in securing P.W.A. approval of such procedure and in the new Contractor getting started at high speed. Frequently suen procedure involves litigation. The damage suffered by the Town due to lack of progress in the case of this contract consists principally of the additional cost of inspection and the possibility of loss of a portion of the grant if the work is not completed by the date set for the completion of the entire North Lex- ington sewerage project, which we understand to be October 2, 1939. It is not clear that the actual time of completion would be shortened by readvertising. It is our opinion that the defective workmanship here- tofore performed can be made good by adhering to the instructions which we have given the Contractor in writing, at no additonal cost to the Town. The same is true for any subsequent defective workmanship which may develop. Conclusion._ It is our opinion that the interests of the own are best served by continuing the present contract. We are, of course, making strong representations to the Contractor, regarding the conduct of his work. Very truly yours, METCALF & EDDY HPE,Jr./C. By - Harrison. P. Eddy, Jr, n Mr. Eddy said that he had talked with his inspector and had had a -conference with the partners and this con- clusion was reached after three hours of consideration. He did not believe that Mr. Street was of the same mind. Mr. Rowse asked what answer the engineers had from Rounds relative to the poor concrete poured. Mr. Eddy said that Rounds had made no reply. Rounds wrote a letter to them outlihing his reasons for the poor concrete, his reason being that their inspector was interfering with the measurement of water in the mixture and the others were technical reasons. Metcalf & Eddy got a report from Skinner and Sherman this morning on the strength of the concrete. It is good concrete but the engineers complained about the method of pouring it and leaving of voids. Instead of using the cement gun as called for by the contract, 353 Rounds'method is to patch it up by placing concrete in the voids . by -hand and -'he propbs ed to. put a one inch layer of additional concrete around the compartment. That method might do the work but it is inferior to the mtjthod specified in the contract. Mr. Eddy's partner came out and looked at the work and on the same day the head of the Cement Finishers' Union came out and looked at it and he said he thought that Round's method would make it satis- factory. Mr. Sarano asked if it was their idea to put an extra man on to check on Rounds, and Mr. Eddy said they did not intend to put on an extra man, but they would put on an older and more experienced man. Their office will have to spend much more time on the Rounds contract than if they had a much more responsible contractor. Mr. Rowse moved that in view of the letter of Metcalf & Eddy which is incorporated in these records, it is un- necessary at the present time to take any action. Mr. Saran seconded the motion and it was so voted. Letter was received from the Secretary of the Board of Retirement stating that it was no longer necessary for Bonds for the members of the Board of Retirement to be bonded. Upon Retirement motion of Mr. Sarano, seconded by Mr. Potter, it was voted Board. that the following votes be adopted; VOTED: That liability be terminated on June 30, 1939 ' on the bond executed July 21, 1938 by James H. Russell, as principal, and the New Amsterdam Casualty Company as surety, in the penal sum of $5,000.00 covering the position of member of the Lexington Retirement Board. VOTED: That liability be terminated on June 30, 1939 on the bond executed July 2 1, 1938 by Clarence S. Walker, as principal, and the New Amsterdam Casualty Company as surety, in the penal sum of $5,000.00 covering the position of member of the Lexington Retirement Board. VOTED: That liability be terminated on June 30, 1939 on the bond executed July 21, 1938 by Joseph A. Ross, as principal, and the New Amsterdam Casualty Company as surety, in the penal sum of $5,000.00 covering the position of member of the Lexington Retirement Board. VOTED: That liability be terminated on June 30, 1939, on the bond executed July 21, 1938 by James J. Carroll, as principal, and the New Amsterdam Casualty Company as, surety, in the penal sum of $15,000.00 covering the position of Treasurer of the Town of Lexington, acting as custodian of the funds of the Lexington Retirement Board. Letter was received from Mr. Russell advising that it would be necessary to hold an election around July 1st Member of to elect a member to the Retirement Board from among the members. Mr. Locke moved that an election be held for the Retiremeni Board. ' election of a representative of the members of the Retire- ment Board, the date of the election to be set by the Chairman. Mr. Sarano seconded the motion and it was so voted. 354 r�1 Upon motion of Mr. Locke, seconded by Mr. Rowse, it was voted that the Jury List be established as follows; ' Name Occupation Address Adler, Alfred A. Manager 12 Berwick Road Andrews, Lester L. Plumber 1 Hill Street Archibald, Earl S. Wool 19 Downing Road Avery, Fred L. W.P.A. 11 James Street Ballard, Lewis H. Edison Elec. Co. 12 Glen Road Barnes, John E. Unemployed 16 Curve Street Berglund, Ernest T. Tel. repairman 1 Ames Ave. Berry, Thomas W. Salesman 20 Outlook Drive Blake, Charles M. Manager 59 York Street Blake, Kenneth P. Antiques 19 Oakland St. Boleyn, Robert C. Pressman 57 Shade Street Borella, Samuel A. Barber 22 Garfield St. Bowker, Winthrop H. N.E. Tel. Co. 2184 Mass. Ave. Boyd, Harry C. Bookkeeper 21 Muzzey St.: Britton, Frederick S. Adv. Manager 8 Bedford St. Brown, Ronald D. Telephone Co. 27 Edgewood Road Bullock, George A. At Home 10 Hill Street Burton, James J. Jr. Mechanic 38 Colony Road Cady, Robert C. Salesman 10 Greenwood St. Callahan, Paul L. Repairman 8 Fletcher Ave. -;Carter, Lyon Banker 39 Marrett Rd. Cassidy, Richard P. Manager 16 Curve St., Childs, Edmund S. Executive 7 Adams Stret ' Clarke, Richard A. Retired 91 Simonds Rd. Clemmer, Harry C. Salesman 396 Lincoln St. Jury List. Cosgrove, James V. ;.. Poultry 30 Grove Street Cotty, Jesse T. Salesman 25 Outlook Dr. Cowdrey, Paul B. Representative 27 Stedman Road - Crozier,, Clyde B. Telephone Co. 58 Outlook Dr. Dailey, Charles J. Inspector 28 Bow Street DeLesdernier, G. Arthur Tailor 39 Cary Avenue Donnelly, James P. Manager 38 Locust Ave. Dodd, Mark L. Chem. Engineer 28 Sherman Street Downs, Norman A. Insurance 11 Edgewood Rd. Dreselly, Andrew Sculptor 15 Goodwin Road Eldridge, Roswell S. Salesman 17 Edgewood Road Etheridge, Gilbert Foreman 53 Downing Rd. Fardy, Samuel L. Agent 30 Pine Knoll Rd. Fawcett, Robert J. Coal Dealer 511 Marrett Rd. Ferguson, Roy A. Clerk 19 Bertwell Rd. Ferry, Anthony Thomas Tree Surgeon 15 Columbus St. Garmon, Roland E. Janitor 737 Mass. Ave. Goodwin, Charles A. Market Man 12 Coolidge Ave Griffiths, Sherman C. Manager 15 Highland Ave. Hadley, Frederick C. Draftsman 12 Bertwell Rd, Hamlin, Hazen W. Real Estate 50 Gleason Rd. HarErove, John H. Accountant 3058 Mass. Ave. Hederstedt, Paul R. Real Estate 6 Tower Road ' Hennessy, William A. Broker 29 Cedar Street Herrick, Frank P. At home 173 Waltham St. 355 Name Occupation Address ' Hill, Converse Insurance 2101 Mass. Ave. Hinckley, Russell C. Underwriter 44 Bertwell Rd.' - Hooper, Norman C. Civil Engineer 35 Bertwell Rd. Hossfield, John E. Chauffeur 128 Reed St. -Howard, Harry F. Newspaper 94 Gleason Rd. Hudson, Frank E. Telephone Co. 23 Baker Ave. Hunt, William Real Estate 17 Adams Street Jellis, Leonard Telephone Co. 70 Ward Street Jones, Carl B. Mason 306 Lowell St. Keating, James F. Executive 3 Bowker Street Kidd, David Groceries 7 Butler Ave. Klyee, Stephen D. Mech. Eng. 159 Shade St. Knights, Wallace G. Vice Pres. 85 Merriam St. •LaRose, Ernest V. Engineer 60 Harding Rd. LeGoff, William A. Manager 60 Cliffe Ave.. Lidberg, Gustaf Engineer 92 Adams Street Lowe, George H. Retired 419 Marrett Rd. -Lowell, Frederick W. Mechanic 5 Downing Rd.' MacGilvray, Harold Painter 12 Cary St. -Manley, Donald V. Manager 12 Fletcher Ave. -blathers, Ernest Civil Engineer 259 Bedford St. -McCarron, William E. Special Agent 840 Mass. Ave. McCausland, Elton B. Felt Process Co. 1 Berwick Rd. - McCormack, Charles A. Tel. Engineer 35 No. Hancock St. McCoubrey, Walter W. Manager 23 Edgewood Rd.. ' McIntosh, Neil Land Devel. 24 Merriam St. McKenzie, James L. Unemployed 9 Hayes Lane McNamara, Edward J. Plumber 16 School Street Miles, Charles H. Manager 35 Merriam St. Mortimer, Alfred C.,Jr. Manager 14 Dexter Rd. - Napoli, Thomas A. Poultry 23 Middle Street Newcomb, Arthur C. Filling Station 8 Dee Road Newhall, Fred Teller 45 Outlook Drive Nolan, Edward B. Paper 21 Fern Street Nickerson, Benjamin S. Tel. Operator 81 Gleason Rd. . Noyes, Brainard J. Meat Bus. 36 Reed Street. Ohlson, Alexander Golf Club 134 Bedford St... Olsen, Paul W. Engineer 18 Bertwell Rd.- d.Ormond, Ormond,Edward W. Merchant 10 No. Hancock St. Perkins, Edward W. Jr. Engineer 8 Bertwell Rd. Peterson, Roy C. Gas Sta. Attdnd. 27 Blossom St. Phelps, Noel C. Insurance 47 Bedford St.. Pierce, Albert K. Engineer 129 Spring St. Pierce, L. Ellsworth None 14 Locust Ave. Pippette, Geoffrey L. Executive 45 Shade Street Potter, Charles E. Manager 6 Coolidge Ave. Pritchard, Joseph Jr. None 8 Chase Avenue Putney, Luther R. Teacher 31 Locust Ave. Reilly, Stpphen P. Salesman 40 Lincoln St. Roberts, Arthur M. Dairy 38 Adams, Street Rosenberggr, William R. Executive 2139 Mass. Ave. Russell, Herbert P. Trust Dept. 6 Berwick Road Name Occupation Bands, Walter E. Adv. Mgr. Sibley, Edward W. Mech. Engineer Small, Clarence A. Supervisor Snee, Bernard P. Supervisor Soderberg, A.'Randall Manager Spellenberg, George H. Express Spellman, James E. Bus Operator Seidel, Clarence E. Mason Stevens, Frank L. Mfg. Stevenson, William H. Salesman Stone, Harry E. Executive Stone, Herbert E. Jr. Auto Service Mgr. Therian; William A. Engineer Tebaldi, Joseph R. Salesman Trask, Robert P. Manager Tutin, Alfred H. Agent Valentine, John S. Insurance VanGemert, James Shipper Viano, Ernast E. Garage Viano, Eugene J. Dealer Watt, Robert Plumber Webb, Melville W. Salesman Wheeler, Harry A. Treasurer White; Raymond L. Plumbing White, Stanley W. C.P.A. Williams, Robert C. Carpenter Willis, Charles M. Architect Woodward, William C. Leabher Address 103 Merriam St. 18 Eliot Rd. 19 Dexter Dd, 47 Woburn St. 51 Dexter Rd. 111 Laconia St. 24 Shirley Street 31 Vaille Ave. 282 Marrett Rd. 21 Oakland Street 9 Berwick Rd. 185 Burlington St. 5 Kimball Rd. 5 Sheridan St. 2118 Mass. Ave. 9 Revere St. 16 Stratham Rd. 67 Baker Ave. 186 Bedford St. 9 Reed St. 130 B edf o rd St. 266 Lincoln St. 31 Somerset Rd. 12 Middle St. 11 Belfry Terrace 47 Ledgelawn Ave. 21 Colony Road 15 Dexter Rd. Mr. Beach+s car record for the month was received. Car Mr. Sarano moved that the car allowance in the amount of allowance. 010. per week be continued for another month. Mr. Locke seconded the motion and it was so voted. Letter was received from Mr. Beach stating that it would no longer be possible to receive copies of the W.P.A. W.P.A. payrolls unless a person went to the Medford office and copied them down there. He recommended that the Board protest this new order. The Clerk was instructed to write to Col. McDonough, Senator Walsh and Representative Edith Nourse Rogers. The following commitments were signed by the Board: Commitments. Water House Connections $35.00 Sewer House Connections 18.85 Water Liens 207.76 Water Rates - Section 2 6214.20 Letter was received from Henry F. Long stating thatmoney Highway the Town was entitled to under Chapter 252 of the Acts of Funds. 1939 can be used only by the Assessors as an estimated receipt in determing the 1939 rate. I D 1 1 Lots 33, 34, 35, 36, 26, and 25 Crescent Road, part of the Hatch property, was approved by the Board of Survey. The following orders were signed by the Board; ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1887 AS AMENDED ROBBINS ROAD (From Richard Road southerly a distance of approximately 140 feet) . 41TEREAS, 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", the same being hereinafter referred to as "said Act", said Town was authorized, among other things, to lay out, construct, maintain and operate a system of sewerage, viith the powers and authority set forth in said Act, including full power 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 setivage disposal or for any of the purposes mentioned in Section 1 of said Act; and WHEREAS 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, the plans showing in detail the work to be done in constructing the same, have been duly approved by the State Board of Health; and WHEREAS, by Chapter 277 of the Acts of the year 1909, which was duly accepted by a majority of the voterscof 357 Boynton Water bin Slaughter license. Sunday Golf . Welf are. Hatch - Board of Survey. Robbins Roa d Sewer Order. Letter was received from J. H. Boynton stating that ' because his tenant allowed a leak to continue without having it fixed, his water bill for one quarter amounted to $54. Mr. Boynton requested an abatement. Letter was received from Mr. Ross stating that he did not believe the Water Dept. should suffer a loss caused by a careless tenant. He said that if an abatement was granted, a precedent might be established. Mr. Locke moved that no action be taken on the matter. Mr. Sarano seconded the motion and it was so voted. The application of George Murphy for a slaughter license was held over for one week. The application of George Bean for a Sunday Golf Driving License for the month of July was approved. Messrs. Mitchell and Morse appeared before the Board relative to Welfare mattdrs. Lots 33, 34, 35, 36, 26, and 25 Crescent Road, part of the Hatch property, was approved by the Board of Survey. The following orders were signed by the Board; ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1887 AS AMENDED ROBBINS ROAD (From Richard Road southerly a distance of approximately 140 feet) . 41TEREAS, 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", the same being hereinafter referred to as "said Act", said Town was authorized, among other things, to lay out, construct, maintain and operate a system of sewerage, viith the powers and authority set forth in said Act, including full power 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 setivage disposal or for any of the purposes mentioned in Section 1 of said Act; and WHEREAS 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, the plans showing in detail the work to be done in constructing the same, have been duly approved by the State Board of Health; and WHEREAS, by Chapter 277 of the Acts of the year 1909, which was duly accepted by a majority of the voterscof 357 Boynton Water bin Slaughter license. Sunday Golf . Welf are. Hatch - Board of Survey. Robbins Roa d Sewer Order. 358 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 Works; and WHEREAS, Archibald R. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke, citizens and residents of 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 Acts hereinbefore referred to, and WHEREAS said Town by vote passed at a town meeting held on the 10th day of February 1915 authorized and requested said Board of Water and Sewer Commissioners (hereinafter referred to simply as "the Board") to proceed under the provisions of said Act as amended by Chapter 322 of the ' Acts of the year 1913 and the acts referred to in the first section thereof, to lay out, construct, maintain and operate a sewerage system; and said Board has conformably to law and pursuant to said vote, laid out such system and is about to construct the same; and WHEREAS the Town has on the 20th day of March, 1939 "Voted; That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1939 in accordance with St. 1897, Ch. 504 as amended, or otherwise, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sun of $3,500.00 be appropriated and transferred from the Sewer Assessment Fund ; and WHEREAS the system, as so laid out, required the con- struction of a sewer in the location hereinafter described, the same to be maintained and used as part of a system of sewage disposal for a part of said town, and WHEREAS, the location adopted for said sewer is shown approximately in the following described line, hereinafter called the .."J ine of location", via; Beginning at a point in the southerly line of Richard Road, said point being westerly and distant about 52 feet 3.59 ' from the westerly terminus of a curve of 336.00 feet radius in said southerly line of Richard Road, thence southerly distant about 38 feet to a point of curvature, thence bear- ing to the right with a curve of 170.00 feet radius distant 85.96 feet to a point of' tangency, thence southwesterly dis- tant 13.47 feet to a point. For further description of the line of location see plan by the Town Engineer dated June 26, 1939, hereinafter men- tioned and referred to. And whereas the right of way and easement hereinafter described and taken are necessary for the establishment of said system of sewerage and sewage disposal and for the purpose of providing better drainage as authorized by said Act; Now, then, said Board, acting for and in behalf of said Town, hereby takes under the authority of said Act (Chapter 504 of the Acts of 1897) the following right of way and easement, viz: A right of way and easement in and through the land through which the line of location runs in Robbins Road for a sewer, including manholes and appurtenances, said sewer to be laid and maintained in the ground in substantial accord- ' ande with said line of location. The easement covered by this taking includes the right on the part of the Selectmen of said Town, or other duly authorized agents of the Town, to enter upon, dig up, open and use the land embraced within said way as may be reasonably necessary for the purpose of laying the sewer, manholes and appurtenances initially and maintaining, operating, inspecting and re- pairing fhe same from time to time thereafter; said Town being always bound to see that the ground directly after the completion of the work in each case is cleared of all sur- plus material and surface left in as smooth and crood con- dition as at the time of entry. The right of way shall include so much of the line of such way as is necessary for the taking and purposes, not exceeding twenty (20) feet on each side of the line of location. Betterments will be assessed for this improvement in accordance with the provisions of Chapter 221 of the Acts of 1926. A plan made by John T. Cosgrove, Town Engineer, dated June 26, 1939, entitled "Plan of ''Proposed Sewer in Robbins Road, Lexington, Mass., Scale l in. - 40 ft., June 26, 1939, ' John T. Cosgrove, Town Engineer", is hereby referred to and made's pa#t of the present description of taking, which plan is to be recorded herewith in the Registry of Deeds for the Southern District of the County of Middlesex. 360 c The area which it is expected will received benefit or , advantage other than the general advantage to the community from such improvement is described as follows; The same being lands of Clara Downes. The said area comprises the several lots shown upon the plan hereinbefore referred to, which are designated in the schedule hereto annexed and made a part hereof. We determine that no damages have been sustained and none are awarded. To have and to hold said right of way and easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever, agreeably to the provisions of said Chapter 504 of the Acts of the year 1897 and any and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS '&MFiEOF the said Archibald R. Giroux, W1111am 9, Pe4t®P3-AT-Edw&Fd-RewaeT Errol H. Locke and George W. Sarano of the Board of Selectmen aforesaid, have hereunto subscribed their names this 26th day of June, A.D., 1939. MAJORITY OF ARCHIBALD R. GIROUX BOARD Errol H. Locke OF George W. Sarano SELECTMEN COMM(INViEALTH. OF `MASSACHUSETTS Middlesex, ss. Lexington, June 26, 1939 Then personally appeared the above named Archibald R. Giroux, Errol H. Locke and George W. Sarano, and severally acknowledged the foregoing instrument and statement by them subscribed to be their free -act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, James J. Carroll Notary Publi c (Term - Mar. 14, 1945). SCHEDULE OF ESTIMATED BETTERMENPS REFERRED TO IN THE FOREGOING ORDER ROBBIN S ROAD (From Richard Road southerly a distance of approximately 140 ,feet) . Owner as of Jan. lst, 1939 Lot No. Assessment ' Clara Downes 25 0160.00 n ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main. ROBBIN S ROAD (From Richard Road a distance of approx- imately 165 feet). WHEREAS, at a meeting duly called and held on March 20, 1939, the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefor: "VOTED: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1939 in accordance with authority contained in the By -Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $4,000.00 be appropriated, this money to be provided by the transfer of 1,000.00 from the Water Assessment Fund, and the transfer of $3,000.00 from the Water Department Available Surplus Account." 361 Robbins Rd water main order. AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvdment for the purpose of constructing and maintaining a water main in Robbins Road a distance of approximately 165 feet from Richard Road in a southerly direction as aforesaid, the f ollowing easement, namely: The right to enter upon the land shown as Robbins Road on a plan entitled, "Plan of Proposed Water Main in Robbins Road, Lexington, Mass., Scale 1 in. - 40 ft., June 26, 1939, Joseph A. Ross, Supt., Water Dept." and owned by Clara Downes, and construct therein a line of watdr main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated June 26, 1939, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land ' embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing 0 from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter SO of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt. Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the daid Chapter 79, of the General Lars and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have here- unto subscribed our names this twenty-six day of June, 1939. Archibald R. Giroux Selectmen Errol H. Locke of George W. Sarano Lexington COT81017MALTH OF MASSACHUSETTS Middlesex, ss. June 26, 1939. Then personally appeared the above named Archibald R. Giroux, George W. Sarano and Errol H. Locke and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, James J. Carroll Notary Public (Term Mar. 143, 1945) SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TOT?IN THE FOREGOING ORDER ROBBINS ROAD (From Richard Rd.,a distance of approximately 165 feet). Owner as of Jan. 1st, 1939. Lot No. Assessment. Clara Downes 25 $72.90 1 1 C The meeting adjourned at 11:50 P. M. A true record, Attest: Clerk. 363