HomeMy WebLinkAbout1939-06-2634
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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
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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
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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
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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
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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
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C
The meeting adjourned at 11:50 P. M.
A true record, Attest:
Clerk.
363