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HomeMy WebLinkAbout1939-12-181 SELECTMENIS MEETING Dec. 18th, 1939. 54? A regular meeting of the Board of Selectmen was held in the Seleetmen's'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. Mr. James J. Carroll appeared before the Board and bids on a loan of $75,000. in anticipation of revenue were received as follows: Lexington Trust Company 008% Second National Bank .079 Loan. First National Bank :11 Boston Safe Deposit & Trust Co. .07 $3.50 premium. Mr. Potter moved that the bid of the Boston Safe Deposit and Trust Co, be accepted, the notes to be datedDecember 210 1939 and payable Dec. 20, 1940, Mr. Locke seconded the motion and it was so voted. Mr. Morse appeared before the Board to discuss Welfs1re Welfare matters. ' At 8:00 P.M. the following bids were received on tearing down the Old Adams School: Mystic Building Wrecking Co., Inc: - accompanied.by certified check of $100, - $50. bid: Wrecking The Hub Wrecking Co., Inc.- accompanied by Old Adams certified check of X100. - $275. bid. School A letter was received from the Central Building Wrecking Co. stating that it would be necessary to charge the Town for doing this work and as they understood the town did not wish to pay for having it done, they were not submitting a bid. Mr. Raymond said that he looked over this building with Mr. Longbottom and Mr. Garrity. Mr. Longbottom had Lindstrom' go down to estimate the heating and plumbing. They found that the building could be made useable leaving the rooms as they are but painting and repairing the inside and outside, for a total cost of $4800. to $5500. .This allows`$3,000, for painting, carpenter work, repairs to roof, sills, etc. -It will cost $1800 to $2000. for heating,.$500. for wiring, lights, etc. Mr. Raymond said that there would be four rooms for whatever they are worth. He said that if it wqs decided to limit it to two rooms only from $400. to $500. would be saved, The Chairman said that the Selectmen could hold the checks until three days after the award of the contract.. The Clerk was instructed to hold.both checks and ask Rev. Paul H. Chapman to submit a decision by Dec. 27th as to ' whether or not the committee on the Boys' Club wished to hold 54 up the tearing down of this building. Mr. Rowse moved that the Appropriation Committee be requested to transfer the sum of $50. from the Reserve Fund for the demolition of the old Adams School. Mr. Potter seconded the motion and it was so voted. It was felt that in all probability the Committee would not wish to spend the amount of money necessary to put the building in a useable condition and that it would be best to provide the money from 1939 funds for tearing down the building. Mr. Rowse moved that the following licenses be granted: Robert J. Gaffney, 1 Homestead Street Junk Collector Mass. Reformatory, West -Concord Trans. of Garbage Frank Dias, Bedford"St.,"Concord It if It Joseph: Glennie, Inc., No. Andover to it it Manuel Silva, Lincoln It to to John E. McHugh, Concord it of it LowellRenderingCo., No. Billerica it' to Mtt Pattison Bros., Burlington � tr Antonio Mereadante, Lowell Street It tt It John A. Janse, Newton Center It to rt�� Carroll Bros, Allen St., Lexington It It Walter F. Murphy, Burlington it it It E.K. Ballard, Wood St., Lexington to a to William G. Potter, Walnut St., Lexington of " It Independent Tallow Co., Woburn It a ' tr Licenses Chester A. Fogg, Woburn St., Lexington D.J. Kelley, Bedford It n to H. J. Seiler Co., Pleasant St. Common Victualler George F. Taylor, 424 Marrett Road to , it Hymen D. Marcus, 95 Mass. Ave. It It Mike & Christy Hallos, 1715 Mass. Ave. it it Manor Spa, 269 Bedford Street Liggett Drug Co. 1721 Massa Ave. ° 't Calvin W. Childs, Wates°town'Street Methyl Alcohol n e n, Mass. Ave. It n F: K. Johnson,, 39 Bedford Street it It H. M. Lawrence, 1777 Mass. Ave. it " Archie P.`Hinxman, 286 Lincoln St. Daiay DeW. MacAlpine, 50 Percy Road " to Calvin W. Childs, 409 Mass. Ave., lst Class Agent's Lic, F. K. Johnson, 39 Bedford Street " 't Mr.'Sarano seconded the motion and it was so voted. Mr. Potter said that he'wished to discuss the trans- portation of garbage licenses. He thought the Board should not issue a permit to remove or dispose garbage unless the applicant is located'in Lexington. He thought that the Board should designate on the permits just what is granted and cross out the words that are not applicable. The Board agreed with him and Mr. Potter said he would go over the TE licenses with the Clerk and see that they were issued in proper form. The question of collecting the fee of $2.00 from A. Mereadante Mereadante'Was discussed, and'the Board felt that he should fee pay it as well as anyone else. Alan Adams appeared before the Board relative to printing of the Town Report. He said that the last two years Town, he bid on the work but was not low, but the way it worked out Report in those two years because of the manner the work was handled, the cost amounted to as much as he bid. Mr. Rowse asked Mr. Adams if he could submit his bid including corrections, and he said he thought he could. Mr. Adams said there was a -price lower than which printing absolutely could not be done, and if the bid was not high enough to cover this, the money had to be made up in some way. He retired. Mr. Raymond presented a W.P.A. project to continue the operation of the sewing unit. This project calls for Federal funds of $9750. and Town funds of $3806. This is made up W.P.A. for thirteen persons, including twelve seamstresses and one project cutter. -Mr. Potter moved that the project be submitted for approval. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that he'asked Mr. Wrightington if he would approve payment of 0100, to Sarah Mabey for damage to . her trees and he explained that the award had been made by the Board,after the time to file the claim had'expired and that it was an attempt to compromise the claim. He read Mr: Wrightington's reply. He said that Section 39, Chapter Mabey 79, G,Lv authorized the Selectmen °whenever damages may claim be recovered under this chapter" to make a settlement of damages after the right to damages had become vested; No time limit is set on this right to make a settlement. Sec. 41 provides "if no petition under Section 14 is filed within the time limit, the award of damages shall be final". the Selectmen recited in the taking that no damages were sustained and none were awarded. Mr. Wrightington said that while he, had considerable doubt of the correctness of his conclusion, he was of the opinion that the Selectmen had no authority to make a new award of damages to Mrs. Mabey after the time for, filing petition for assessment of damages had expired. After some discussion on the matter, Mr. Rowse moved that Mr. Raymond be instructed to request Mr. Wrightington to write Mrs. Mabey and tell her that the award in the original order had become final. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond said that he had written Mr. Wrightington relative to the claim that Innis & McLennon would'hot be able to out ice at Butterfield's Pond this winter. Mr. Wrightington 550 _ C Ice Co. said he talked to Metcalf & Eddy and mentioned to them Suit ' the possibility that an analysis by their office might ie needed- -Mr'. Wrightington'said that he had not yet "talked with the attorney for the A. G. Davis Ice Co., but did'not expect to be able to persuade him not to at least preserve his rights by bringing suit before the time limit. Mr. Wrightington recommended assembling such evidence as we can on the subject. He said that he talked with Mr: Gill, the attorney for the A. G. Davis Ice Co., and found that he was under the impression that our works had caused pollution which would result in condeming ice cutting, in fact, he knew little about his claim and thought we were discharging sewage. Mr. Raymond requested authority to instruct Metcalf & Eddy to make such examination as he thought might be useful if it appears that the Davis, Ice Co, is going to cut ice at Butterfield's Pond this year. Mr. Rowse moved that Mr. Raymond's request be granted. Mr. Locke seconded the motion and it wqs so voted,. Mr. Ray mond reported that the Lexington Council of Girl Scoutsrequested the use of Cary Hall on May 25th, 1940 for a rally. Mr. Rowse moved that the use of the hall be granted free of charge. Mr._Sarano Seconded the motion Use of and it was so voted. Use of Hall Mr. Raymond reported that the Middlesex County Farm Hall Bureau had requested the use ' of Cary Hall on Jan. 18th or 19th for a banquet and dance: Mr. Potter moved that the use of the hall be granted subject to a fee'of $30. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond read a letter from one J. Howard Russell claiming damage to his automobile in the amount of •$14, His car was parked on Mass. Ave. near Marrett Road when a" Highway truck drove past it. There was a roll of wire fence on the truck which overhung and this fence scratched Mr. Russell Russell's car. The driver of the truck did not know he had claim scratched the car until Mr. Russell overtook him and showed Russell him what had been done. The driver was unable to push the claim. roll of wire over so it would not overhang. Mr. Rowse moved that the claim be paid subject to the ap �r oval of the Town Counsel and charged to the Highway Maintenance appropriation. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond sect that Albert A. Ross had presented a' Ross claim in the sum of vr15.50 for damage to his'car'caused by Ros's Claim a falling limb on Waltham Street where the W.P.A. tree trim - claim ming crew was working on the trees. Mr. Raymond read a'report of Jesse Meadows, foreman of the crew, which said that some signs were posted and that when the accident happened, Mr. Ross got out of his car and said that there was no damage done. Mr. Rowse moved that the bill be paid and charged to the Public Works, Wages and Expenses,'appropriation subject to the ' approval of the Town Counsel. Mr. Potter seconded the motion 1 and it was so voted. Mr. Raymond informed the Board that Workmen's Compensation Insurance'now being carried through the office of Elmer A. Insurance Lord & Co, expired on Dee. 31st. Mr. Rowse moved that the policy be renewed through the same office. Mr. Sarano seconded the motion and it was so voted. Mr: Raymond reported that fire insurance under blanket schedule.in the sum of 44000000 now being carried'through the office of Elmer A. Lord & Co. expired on Jan. 5th. Mr. Sarano moved that it be renewed through the same office. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that eight bids on gasoline for 1940 had been received as follows: " ToD Pre.'Price Dis. Sinclair Refining Co. .0m 10 Mone Shell Oil Co. :094 :079 E' Gasoline Standard Oil Co of N.Y. :089 :079 bids. Cities Service Oil Co :083 .079 2 15 days: Tide Water Asso. Oil Co . .08 :075 2 15 days. The Texas Co. Not given .079 to Colonial Beacon Oil Co .079 :079 At Gulf Oil Corp. Not given .085 None Mr. Raymond said he believed the price of gasoline was liable to go up and if it does, even though the present price of the Tide Water Oil'Co. is less now, we would pay them more money in the long rune He recommended that the bid of the Colonial Beacon Oil Co. be accepted. Mr. Potter'asked how the service was and he replied that it was very good. Mr. Rowse ' moved that the bid of the Colonial Beacon Oil Co. be accepted. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond said that N.B. Bidwell had telephoned and informed him that the Colonial Garage would accept an award of $1,000, for the temporary leasehold interest taking and $3500* in settlement of that and the claim for the permanent taking. Mr. Bidwell requested Mr. Raymond to.take the matter up with the Town Counsel and then present it to the Selectmen. Mr. Raymond took the matter up with the Town Counsel and they both are of the opinion that an appraiser should be employed. They recommended Harry A. Gilmore of Somerville, the same man who made the appraisal because of the sewer taking: Mr. Gilmore probably will charge $250. plus his charges for appearing in Court. He will make estimates of the value before and after the taking and estimate the uses the land can be put to. Mr.'Rowse moved that the appraiser recommended be employed. Mr. Sarano seconded the motion and it was so voted. ' Mr. Raymond reported that the plans of -the Hames prop - on file in the Engineer's office are not very good'and they Colon- ial ofon- ia1 Garage' suits. 552 C will have to make a survey and have a plan made up and this ' Holmes will cost about $200. If the potential purchaser wants a deed, lot we will not be able to give him a proper description of the property. Mr. Raymond said that only a very small portion of the lot would be needed for the rounding of the corner of any proposed street. The Clerk was instructed to call the real estate office involved and advise that the Selectmen would accept -an offer for the three lots fronting on Waltham Street only, minus the taking for the rounding of the corner and minus the easement, Mr. Raymond reported that the Arlington Gas Light Co. Gas Main requested permission to install a gas main, in 'Kendall Road' He approved the installation if the company would agree not to excavate within four feet of two or three small trees that were planted about three years ago. Mr. Sarano moved that permission be granted to the company with the restriction stated above. Mr. Locke seconded the motion and it was so voted. Mr. Raymond reported that -T. Bashian had revived his complaint about losing soil along Mass: Ave, where the new Bashian highway was put through some years ago, but he (Bashian) does claim. not know what he wants. Mr. Rowse moved that no action be taken on the'matter. Mr. Potter seconded the motion and it ' was so voted. 1 Mr. Raymond said that he had received a request for street lights on Hill and Summit Avenues. There are two Street houses on each street. The situation is no different now than lights, it was in 1925 except that there are poles up there now for electricity. In order to do a good job of lighting, it ' would be necessary to install three lights on Summit Ave. and one light on Hill Ave. which would mean four lights for four houses. The average for the town is ohe light for ten persons.' He thought the section hardly merited full street lighting, but thought perhaps one light on each street would Article be all right. Mr. Rowse moved that an article be inserted in the warrant for the next Town Meeting for the installation of street lights on Hill and Summit Aves, on the basis of one light for each street. Mr. Potter seconded the motion and it was so voted. Mr. Raymond informed the Board that he thought pretty Burton soon they would have to do something about the temporary water water. service they ingtalled for the Burton family on Colony Road. He said probably there would be some more houses build on that street in the next three or four years. He thought it would be 1 553 -good Policytoput a water main the street under the Better- ment Act* a estimated that 400 feet would cost about $9500 If we simply lower the water service that is in there now so that it will withstand frost, the cost will be about $350. He said he believed we would have to abate the betterment assessment on the Burton's and this would be about one-half of the cost. This is a Board of Survey street. Mr. Rowse moved that the water main be extended in Colony Road to the Burton house subject to the assessment of betterments. Mr. Locke seconded the motion and it was so voted. i Mr, Raymond said that the matter of a water extension in Watertown Street was being agitated. An extension in Water- town Street to the l6t in question would cost $4800, and if the main was taken through private land, it would cost about $1600. Water If the main is taken in from Crescent Road, it will mean an in extension of 1000 feet and there are only three lots that Watertown can be assessed. Mr. Raymond said he understood that the Street 'Lynches on Watertown Street were opposed to the Town taking any easement . Also there has been a request for a short ex- tension in Robbins Road at an estimated cost of $200. and also a sewer extension at a cost of $250. 'Upon motion of Mr. Rowse, seconded by Mr. Locke it was voted that the water and sewer mains in Robbins Road be approved, and the orders were signed in the ' following forms ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED ROBBINS ROAD (From near Richard Road southerly a distance of approximately 100 feet). WHEREAS, By Chapter 504, of the Acts of the year 1897, entitles "An Act to authorize the Town of Lexington to construct a system of sewage", 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, with 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 establish- ment therein of a system of sewerage or sewage 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 awe, have been duly approved by the State Board of Health; and 554. WHEREAS, by Chapter 277 of the Acts of the year 1909, , which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the then Board of Water Commissioners of daid Town and the Board of Sewer Commissioners elected under the provisions of said Act Robbins (Chapter 504 of 1897) were consolidated in one Board to be Road called the Board of Water and Sewer Commissioners, with the Sewer, 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. Saran 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 request- ed said Board of Water and Sewer Commissioners (hereinafter referred to simply as "the Board") to proceed under the provisions of s&id 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 sew- erage system; and said Board has conformably to laws and pur- suant 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. 18971 Ch. 504, as amended, or otherwise, and to take by eminent do - .main the necessary easements therefor, and for the purpose of said installation the sum of $3,500.00 be appropriated and transferred from the Sewer Assessment'Funds ; and WHEREAS the system, as so laid out, requires the con struction of a sewer in the location hereinafter described, the same tp'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 555 approximately in the following described line, hereinafter called the "Line of Location", vizs Beginning at a point in the center line of Robbins Road about 137 feet southerly of the southerly'line of Richard Road, said point being southerly and distant 13.47 feet from the southerly terminus of a curve of 170 feet radius, thence southerly distant about 100 feet to a point. For futher description of the -line of location see plan by the Town Engineer dated Dec. 16, 1939, hereinafter mentioned 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 accordance 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 necess- ary for the purpose of laying the sewer, manholes and appurten- ances initially and maintaining, operating, inspecting and repairing the 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 surplus material, and surface left in as smooth and good condition 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 exceed- ing twenty (20) feet on each side of t'ne 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. Cosgrbve, Town Engineer, dated Dec,'180 1939, entitled "Plan of Proposed Sewer in Robbins Road, Lexington, Mass., Scale 1 in. - 40 ft., Dec. 18, 1939, 556 r—a C John T. Cosgrove, Town Engineer", is hereby referred to and made a part 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. The area which it is expected will receive benefit or advantage other than the general advantage to the community from such improvement is described as follows: „ The same being lands of John E. Baginski. 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 WHEREOF the said Archibald R, Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke'and George W. Sarano of the Board of Selectmep aforesaid, have hereunto subscribed their names this 18th day of December , A.D. 1939. Archibald R. Giroux BOARD. Errol H. Locke OF A. Edward Rowse George W. Sarano SELECTMEN Errol H. Locke COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Dec. 18, 1939. When personally appeared the above named Archibald RP Giroux, Errol H. Locke and George W, Sarano, William G. Potter and A. Edward Rowse, 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 Public Mar. 14, 1945. 557 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. ROBBINS ROAD (From near Richard Road southerly a distance of approximately 100 feet) Owner as of Jan. lst, 1939 Lot No, Assessment John E. Baginski 26 $157.00 John E. Baginski 35 221.00 ORDER OF TAKING By the Town of Lexington of Easement'for the Construction of a Water Main. ROBBINS ROAD (From the present end a distance of approximately 100 feet southerly). 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 app-. ropriation therefore; "Voted; That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as maybe applied for during the year 1939 in accordance with authority contained in the Bg-laws of•the Town, subjectto the assessment of better- ments, 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 . . ............... to, which are designated in the schedule hereto annexed and made a part thereof. 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 Lexing- ton, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws 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 eighteenth day of December, 1939. Archibald R. Giroux Errol H. Locke Board A. Edward Rowse George W.'Sarano of William G. Potter Selea�en. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Dec. 1S, 1939. Then personally appeared the above named Archibald E. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke and severally asknowledged the fore- going instrument by them subscribed to be their free act 557 ' SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. ROBBINS ROAD (From near Richard Road southerly a distance of approximately 100 feet). 1 Owner as of Jan. 1st, 939 Lot No. Assessment John E. Baginski 26 $157.00 John E. Baginski 35 221.00 ORDER OF TAKING By the Town of Lexington of Easement'for the Construction of a Water Main. ROBBINS ROAD e(From the present end a distance of approximately 100 feet southerly). WHEREAS, at a meeting duly called and held on March 200 19390 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 app-. ropriation therefore; "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 better- ments, and to take by eminent domain any necessary easements therefor, and for the purpose of s&id installation the sum of e $4,000.00 be appropriated, this money to be provided by the Robbins Road water, transfer of $1,000.00 from the Water Assessment Fund and the transfer of $3,000.00 from the Water Department Available Surplus Account". AND WHEREAS, at a meeting duly called and held on Nov- ember 13, 1939, the town meeting of Lexington pursuant to an article in the warrant for the meeting for which due notice was given, duly adopted the f ollwoing vote and made an appropria- tion therefore "VOTEDL That the sum of $1,000.00 be appropriated for the Water Construction, Sundry Streets Account, this amount to be transferred from the Suter Assessment Fund, That an additional sum of $2,000.00 be appropriated for Water Con- struction, Sundry Streets, this sum to be transferred from Water Department Available Surplus". AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishement and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of mater 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 tak- ing by eminent domain, for the.said public improvement for the purpose of constructing and maintaining a water main in Robbins Road from the present end a distance of approxi- mately 100 feet southerly as aforesaid, the following ease- ment, namely: D 1 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: l inch 40 feet; Dec. 18, 1939 Joseph A. Ross, Supt, Water Dept." and owned by John E. Baginski, and construct therein a line of water main with all hecessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated Dec. 18, 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 there- after maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the,sadd town being always bound to see that the ground after.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 80 of the General Laws. The area which it is expected will receive adtrantage 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 560 to, which are designated in the schedule hereto annexed and made a part thereof. 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 Lexing- ton, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said ,% Chapter 79 of the General Laws 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 eighteenth day of December, 1939. Archibald R. Giroux Errol H. Locke Board A. Edward Rowse" George W. Sarano of William G. Potter selectmen. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Dec. 18, 1939. Then personally appeared the above named Archibald 1. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke and severally acknowledged the fore- going instrument by them subscribed to be their free act 1 1 1 and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, James J. Carroll Notary - =c Mar. 141, 1945 SCHEDULE OF ESTII4ATED BETTERMENTS REFERREID TO IN THE FOREGOING ORDER. ROBBINS ROAD (From the present end a distance of approximately 100 feet southerly). Owner as of Jan. 1st, 1939 Lot No. Assessment John E. Baginski 26 $74,40 John E. Baginski 35 88.20 Mr. Raymond read a letter.from E. B. Worthen who has charge of the Franklin F. Simonds estate on Grove Street. Mr. Worthen said he redeived 'tl-bill ' of 4104-4-87 -apparently cover- ing excess water for a period of thirteen quarters. He said that he was concerned''because the account had been allowed to run over three years without a reading of the meter and that the Water Dept could have obtained a key to enter the house from him. He requested an abatement of the excess charge. Mr. Raymond read a report from the Supt, of the Water Dept, on the subject stating that the meter reader called at the house regularly, and, failing to get admittance; left "Away" cards. They were not filled in and returned. The meter was tested and found to be'registering accurately. The plumbing was tested and no leaks found, The Water' to the barn is registered on the house meter and an investi- gation showed that children had been playing in the barn and using water. Mr. Rowse moved that no action on the request be taken. Mr. Potter seconded the motion and it was so voted. no I Simonds water bill. Order for the removal of pole on Mass. Ave. 4pproximately 557. feet westerly from School. Street and the relocation Pole of one pole approximately 39.5 feet westerly from School Street was adopted, 562 Letter was received from the Lexington Chapter of the ' Red Cross requesting the use of the three rooms in the first floor of the Barnes Property now being used by Metcalf & Eddy. The Chairman asked Mr. Raymond what he thought of the request and Mr. Raymond said he could not say until he knew what use the rooms were going to be put to. The Clerk was instructed to ask Mr. Newhall to talk to Mr. Raymond and inform him what would be done with the three rooms. Notices of the following suits against the Town were received from the Town Clerk: George A. Yeo, as Trustee in Suits bankruptcy for the estate of Henry H. Harvey; William J. Leary; and William B. Portgr* Matthew Wilson and John Porter. Letter was received from the Collector of Internal Income Revenue at Boston advising that town employees should for taxes. ward returns on income received in 1938 on or before Feb. 15, 1940. Letter was received from Rev. Paul H. Chapman request- ing the use of Cary Hall on the evening of Jan. 9th for an Use of address by Mr. Sanford Bates in the interests of forming Hall. a Boys' Club in Lexington. Mr. Locke moved that the use of the hall be granted free of charge. Mr. Sarano seconded , the motion and it was so voted. Letter was received from the Appropriation Committee advising that that body had approved a transfer not to exceed $100* from the '_Reserve Fund to the Assessors Expenses account also letter that they had approved an amount not Transfers. exceeding $500. to be transferred from the Reserve Fund to the Snow Removal account. The Appropriation Committee further voted to approve a.transfer of $5,000, from the Reserve Fund to the Public Welfare Aid & Expenses account. Mr. Raymond reported that Michael Shea had made the follow- ing estimates for painting the East Lexington Fire Station: East Three coats - approximately WO. and labor approxi - Lex. mately 4300.00; Fire Two coats, approximately $130.00 and labor approxi - Station mately 4210.00. The Clerk was instructed to send a copy of this informa- tion to Chief Taylor. Letter was received from Albert Bieren stating that he assumed his services in connection with the collection of Bieren re garbage for the past three years were satisfactory. Mr. service. Bieren requested a letter to that effect. Mr. Rowse moved that no action be taken on the request. Mr. Sarano seconded I the motion and it was so voted. 1 , in The Clerk stated that Mr. Spencer informed her that Brown Brown of North Street did not want the $150. for flowage taking. rights on the Vine Brook project. However, there were some limbs left -in her -yard and she wanted to know if she could have these, Mr. Raymond said he would haul the limbs over to Miss Brown's driveway and the Clerk was instructed to write her and express, the Board's appreciation for her coopera- tion. Letter was received from the Plumbing Inspector stating that in 1939, 86 permits had been granted without a fee Plumbing representing replacements. He.recommended that a charge for Permits* each fixture be established. Mr. Lindstrom also submitted a schedule showing charges made for new plumbing and new fixtures in surrounding towns. The question arose as to just what the definition of a fixture was, and it was decided to hold the matter over until the next meeting for further consideration. The Chairman stated that Mr. A.B. Tenney and others had requested stop signs on Hancock Street at the junction of Adams and stop signs on Adams Street at the junction of Hancock. Mr..Raymond said that we could put up stop signs but he did not believe we would be able to get conviction on them as he had been told that before he came here, the Dept. of Public Works had'been requested to approve such signs and it had declined. The Chairman said that Mr. Tenney also requested that the traffic lights at Harrington Road and at Clarke Street be put in working order. Mr. Raymond said that last year he regrested funds to synchronize these lights, but the Town Meeting turned the appropriation down. He said he also had included money in this year's budget to do this work. No action was taken on the matter. Mr. Potter moved that last week's vote disapproving' the purchase of Christmas lights for the Town Offices and Cary Memorial Building be rescinded. Mr. Sarano seconded the motion and it was so voted. Mr. Potter moved that an expenditure not to exceed $35. be approved for this pur- pose, the expense to be charged to the Unclassified account. Mr. Sarano seconded the motion and it was so voted. Stop signs & traff is lights. Xmas lights. Application for the position of Town Physician was received from Dr. I.H. Friedberg of 1698 Mass, Ave* It was Town decided to hold the matter over until the appointments Physician for 1940 are considered. Letter was received from the State Dept. of Conservation, Division of Forestry, advising that the Town of Lexington Moth ' might be required to spend the sum of $5000. in 1940 for the budget 564 suppression of the gypsy and brown tail moth and tent cater- pillar. Letter was received from Henry F. Long, Commissioner of Corporations and Taxation advising that the sum of Bonds $51,400. had been established as the amount not less than which the 1940 bond of the Treasurer of the Town of Lexington shall be written and the sum for the Tax Collector the same. The Chairman said that last year this matter was discussed and at that time, we had a great deal of money on hand but decided that we would do nothing on increasing the bond. He asked if the Selectmen wanted to increase the bond this year, but they did not. Mr. Rowse moved that the amount of the bonds be set at $51,400. Mr. Potter seconded the motion and it was so voted. Letter was received from the Board of Assessors stating Assessors that the Assessor's Personal Services account was short $7,00, account Mr. Rowse moved that the Appropriation Committee be requested to transfer the sum of 07* from the Reserve Fund. Mr. Potter seconded the motion and it was so voted. Letter was received from the Chairman of the Board of Assessors stating that at a meeting of the Middlesex County Boards of Assessors, Henry F. Long, Commissioner of Taxation, talked at length on the amount of personal taxes the towns ' Assessors and cities are missing by not going after them in the right re way. He urged the Board of Assessors to request their personal Appropriation Committees to provide sufficient funds so that taxes. additional clerical help might be hired and materials pur- chased to go after the personal taxes. Mr. Steeves said that a sum of $132.58 would be required before Jan, 1 19400 so that this work could be done. Mr. Giroux vacated the chair and Mr. Sarano acted as Chairman pro -tem. Mr. Potter moved that the Appropriation Committee be requested to transfer the sum of $25. from the Reserve"Fund to the Assessors Personal Services account and the sum of 107.58 from the Reserve Fund to the Assessors Expense account. Mr. Giroux seconded the motion and it was so voted. Notice was received that the W.P.A. project for control W. P. A. of insect pests in the amount of $10,988. had been approved. Letter was received from the Town Counsel -stating that there was a balance of $390.00 in the Law pept. Personal Counsels Services appropriation and requesting that this be paid to bill. him on account of the Cataldo case. Mr. Rowse moved that no action be taken on the matter, until the full bill is received. The motion was not seconded. Mr. Potter moved that Mr. Wrightington be paid $300, on account. Mr. Locke e 565 seconded the motion and it was so voted. Mr, Rowse moved that Mr. John.W. Raymond, Jr. be appointed Supt. of Public Works for one year, term to expire on Dec. 31st, 1940. Mr. Sarano seconded the motion it Appointment was so voted. The matter of the expiration of the term of Mr. William A. Cann, a member of the Board of Assessors, was dis- Assessors cussed:' It was decided,'however, to hold the matter over until the next meeting. The application for a junk license was received from Junk Robert J. Gaffney of 1 Homestead Street. It was decided License. to hold the matter over for one week. The meeting adjourned at 11:40 P.M. A true record, Attest: Clerk.