HomeMy WebLinkAbout1940-04-22 147
SELECTMEN'S MEETING
April 22, 1940.
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, at 7:30 P.M.
Chairman Giroux, Messrs. Potter, Rowse, Locke and Sarano
were present. The Clerk was also present.
At 7:30 P.M. John Lamont, Health Inspector, Mr. Raymond
and Mr. J. L. Douglass of 13 Sheridan Street, appeared before
the Board.
The Chairman said that Mr. Douglass came in to discuss Sheridan
the condition of Sheridan Street. Mr. Douglass said that Street.
part .of the street was accepted and part was unaccepted and
he owned 150 feet on the unaccepted portion. he has two
lots. Dalrymple has a lot of 95 feet frontage of which 75
feet is accepted. Mr. Bullock, who lives across the street,
has a lot on the unaccepted portion, but he is not interested
in having the street accepted. Mr. Knight has his driveway
on the paved street, but there is a portion of his lot on the
unaccepted part. Mr. Douglass said that two years ago he
did the excavating in the street and the Town built two catch
basins. Be gave the Town an eight foot easement through his
land. The street had a gravel surface before, but after
DiMarco & Ciccone got through using the street, the gravel
II was all gone and now the water runs down the middle of the
street. The catch basins are above the level of the street
and the water cannot drain into them but runs down the middle
of the street. He said that all his loam and grass seed
wag washed away and would have to be replaced. He said
some time ago he received a price from Mr. Paxton of $720.
for doing a small job there. He had two different chances
to sell his house this spring, but lost both of them because
of the condition of the street.
The Chairman asked if he believed that a great deal
of the trouble with the street was caused by the contractors
using the street so much, and Douglass replied in the
affirmative. The Chairman asked if it would help matters
if the street was restored to what it was before the con-
tractors went in there and Douglass said it would he4p a
great deal. He said he realized that aperson was not
compelled to build on an unaccepted street, but he did do
it. He said that right in back of his house there was a
house, the sewage from which drains into an open catch
basin. A great many of the cesspools belonging to the houses
on Fletcher Avenue always drained into the open brook channel.
Mr. Raymond said he had not been down to Sheridan
Street this spring, but it was his impression that DiMarco
restored the street to what it was before he started work
there .
Mr. Rowse asked how much it would cost to construct
this street according to town specifications, and Mr. Raymond
said he thought it would cost about $5. a running foot.
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He dill not believe that the street would be taken care of
properly until a finished street was built. He said that
before the catch basins were put in, there was always
water there.
The Chairman asked how it would be to build the street
under the W.F.A. Mr. Rowse said it might be a good project
to go into after the sewer work was done. ue asked Mr.
Douglass what the street was like after the spring weather
and Douglass said it was dry but was very rough. Mr. Rowse
asked Douglass how he would feel about having the street
done under the W.P.A. and having betterments assessed and
Douglass said he could not afford to spend any money such
as that would cost. Douglass said that he had owned the
land for sixteen years and until the past couple of years
all the town got out of it was $53. a year. He has increased
his investment there to $13,000. and the Town got something
over $400. per year in taxes. Because of this he thought
he was entitled to some relief. He said he had made arrange-
ments to dam up the water so that it would go down onto
some other property than his own. Mr. Douglass retired at
7:53 P.M.
Mr. Rayiiond said that the street should be accepted
by the Town and constructed. Under the Betterment Act
the Selectmen cannot assess more than the actual betterment•
He felt that the owners might not object if they were not
assessed more than the land was actually bettered.
Mr. Cosgrove said that no pact of Sheridan Street is
accepted at the present time, although the Town has gone in
there from time to time and done work. The Chairman asked
if this was one of those streets where the Town had done
work although'- it had never formally accepted the street,
and Mr. Cosgrove said that he believed it was. Mr. Raymond
said that the people there thought it was an accepted street
but there is no record of such acceptance.
Mr. Raymond said he thought an estimate of the cost
of the work should be prepared and the matter presented
to the Town Meeting.
Mr. Sarano asked Mr. Raymond what he thought of building
a cheaper type of street here, and Mr. Raymond said that
this was a natural low spot and he thought there was a bad
bottom to the street. He also aaid he did not want to
recommend building second-class streets as he thought that
in the end the cost to the Town would be greater.
Mr. Rowse asked if the Town was obligated legally or
morally in any way, and Mr. Raymond said he did not think
it was. However, if Douglass asked the Town to build a
street and the Town refuses, he could go to the County
Commissioners and they could order the street built and
betterments assessed. Mr. Rowse asked if the other abutters
would have any claim for abatement . Mr. Raymond said that
both Dalrymple and Knight should be assessed.
Mr. Rowse said he thought Douglass had an immediate
problem and that it was up to )11m to put in some fill him-
self. He did not see how the Town was responsiule. Mr.
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Raymond said he did not believe the Town was liable.
Mr. Rowse moved that Mr. Douglass be advised that the
Town was not in a position to do anything on the street
this year. The Motion was not seconded.
Mr. RayMond thought it might be in order to tell
Douglass that the Selectmen would like to know what he
would agree to pay for an assessment and ask him if_he wanted
to put in a petition to have the street accepted. Me did
not believe that the Selectmen would care to go to the Town
Meeting without a petition.
Mr. Sarano moved that Mr. Douglass be requested to
present a petition for the acceptance and construction of
Sheridan Street. Mr. Rowse seconded the motion and it was
so voted.
Mr. Lamont said that there was a drain across Fletcher:.
Avenue which ran from the Jefferson Union to between #28
and #30 Fletcher Avenue. At #30 there is a cesspool with an
overflow and it was Mr. Lamont's opinion that the overflow Draidage-
was piped through into the drain although he had no proof Sheridan
of it. The Chairman asked Mr. Lamont to establish whether St. and
or not the overflow was running into the drain, and if so Fletcher
he thought that the Board should order the owner to abate Ave.
the nuisance. Mr. Lamont agreed to do this.
He was requested to find out if Dalrymple was emptying
any of his drainage into this private drain.
Mr. Lenont retired.
Mr. Potter said that there was an old drain on Grant
Street near Hayes Lane that broke today when a car went
over it. Mr. Raymond said that this was one of the drain-
age projects recommended to be done under the W.P.A. this
year. Mr. Cosgrove said that as soon as he was finished Drain-
with the Liberty Heights sewers, he was going to start Grant St.
preparing an estimate of the cost of replacing this culvert.
The Chairman suggested that the Highway Department take such
temporary measures as are necessary for safety. Mr. Rowse
moved that the Chairman's recommendation be adopted. Mr.
Sarano seconded the motion and it was so voted.
The Chairman said that there would be an Oldsmobile
eight cylinder car with an ambulance body on it coming
through in three weeks and this could be brought here for Ambulance
inspection. Mr. Rowse moved that no action be taken on
the matter of an ambulance until after the Board had seen
the Oldsmobile. hr. Sarano seconded the motion and it was
so voted.
The Chairman suggested that the Appropriation Committee
be invited to look at the ambulance at the same time the
Board viewed it as this machine will cost $2200. and it will
be necessary to ask for a transfer of $100. from the Reserve
Fund if it is to be purchased.
The matter of the loan for the town's share of the
cost of the W.P.A. sewers was discussed. The Chairman said
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W.P.A. he thought the Board ehou]d be cautious as the Selectmen
sewer loan told the Town Meeting that $7000. might be eliminated from
the 05,000. if it was not needed. He said it Might take
three weeks to get the loan through. Mr. Beach said there
was no money to start the work and the whole crew would be
laid off this Thursday, leaving 54 men out of work. Mr.
Raymond wondered if it would not be possible to borrow
on a short term note in anticipati -n of having the $85,000.
loan approved by the Emergency Finance Board.
The Chairman asked him if he could think of any solution
W.P.A. to the problem and Mr. Raymond suggested that the materials
materials be borrowed from the Sewer Department. Mr. Beach said he
would also have to have a compre3sor for about a month and
Mr. Raymond said that that bill would not have to be paid
right away. He said that in the ordinary course of events
the Sewer Department purchased a carload of pipe and f ittfngs
in the spring, and it could do this if it did not have enough
on hand and charge the cost to the Sewer Stock account.
The W.P.A. could use it and when money was available in that
appropriation, the materials could be replaced.
The Chairman asked Mr. Beach what the shortage would
be if he did this, and he thought he would require about
$300.00 at least. The Chairman suggested that that could.
be taken from the Labor and Materials Account and in the
fall if that account was short, a transfer could be made
from the Excess and Deficiency Account.
Mr. Rowse moved that the Town Treasurer be authorized
to take bids on a loan of 050,000. in accordance with the
provisions of Statute 1939, Chapters 72 and 453, the bids
to be approved by the Selectmen on Friday, April 26th, at
4:00 P.M., the notes to be dated May 1, 1940 and to be pay-
able at the rate of $5,000. per year for ten years. Mr.
Locke seconded the motion and it was so voted. It was
decided to meet at 4:00P.M. on Friday.
Mr. Cosgrove said he had seen the residents on Tarbell
Tarbell Ave.Avenue and that all are in favor of the sewer extension on
W.P.A. that street, although it will moan an addition of about
Sewer. five hundred feet. Mr. Cosgrove thought this should be
included, and the Board had no objection to it.
Mr. Beach asked what the Board wanted to do about
blasting. He talked to a man in Waltham who said he would
W.P•A. furnish a bond of $10,000. but it would cost $5.00 a
blasting thousand. The town would supply the materials and the
man would be responsible for any damage done. The Chairman
suggested that the matter be left to Mr. Beach as the
Board felt that the Town ought not to do the blasting it-
self but would want all the protection it could get. Mr.
Beach said that the high explosives would be stored in
Waltham.
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Mr. Beach asked what the Board wanted him to do about
the purchasing of materials. Mr. Sarano moved that Mr.
Beach submit prices each Monday night to Mr. Raymond and
that he be allowed to purchase whatever Mr. Raymond approved.
Mr. Locke seconded the motion and it was so voted.
Mr. Sarano brought up the matter of flooding on Downing
Road at the junction of Outlook Drive . He asked if it was Drainage
practical to have the Selectmen, acting as the Board of Downing
Health, have the work done and assess betterments. Mr. Ray- Road.
mond said he thought that it was practical. He talked to
Mr. Wrightington, however, who said that he did not believe
the matter could be said to be a health menace and if the
Board did contemplate saying that it was, it should have the
expert opinion of a physician to that effect. The street
is unaccepted and the Board felt that it had no right to do
work on private property.
Letter was received from Mr. Paxton advising that the
cost of lowering the culvert near Adams Street and installing
eighteen inch reinforced concrete pipe would be approximately Drainage
$175. He said it also would be necessary to lower and widen Adams
the brook for a distance of luOO feet and clean the brook Street.
for the remainder of the distance to Grant Street. The cost
of this work would be approximately $250.
Mr. Sarano said he told Lidberg that if he would look
after the cleaning of the brook, the Town would fix the
culvert. Mr. Raymond said that Lidberg did not have the
right to go onto other property and clean out the brook.
He also said he was afbaid the Town would run into a claim
from the other owners if this was done.
Mr. Lidberg appeared before the Board at 9:30 P.M.
He said that the Board told him last week that it would have
an estimate prepared and if the cost of replacing the culvert
was within $200, it would order the work done. The Chairman
ellid it had been reported to the Selectmen that both he and
his neighbor should do some work on the brook. Lidberg said
that the culvert was not low enough and should be lowered.
The Chairman said it could not be lowered more than six
inches as there is a water main in there. Lidberg said
that Wilson claimed it was up to the Town to keep his brook
clean. Lidberg said that at the present time all he was
asking was that the Town lower the culvert. Mr. Rowse said
he went up and viewed the locus and at the present time
water is running through the culvert even though there is
debris in it. He thought the water would not drain off
Lidberg' s land even though the culvert was put in. Mr.
asked Lidberg if he would take the responsibility
of keeping the ditch on Porter and Wilson's land free if the
Town went to the expense of putting in the culvert and
Lidberg replied in the affirmative.
The Clerk was instructed to tell Mr. Paxton to proceed
with the work of replacing the culvert.
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Welfare Mr. Morse appeared at 9:45 P.M. relative to Welfare
matters.
Letter was received from Joseph A. Ross stating that
he had taken bids on eight inch and six inch water-pipe and
that the following bids had been received:
Concern 16251 of 8" pipe 5001 of 6" pipe
Pipe bids R. D. Wood Co. $1.30 Per. in . ft. $.91 per lin. 1
U. S. Pipe and Foundry Co. 1.33 _ " .93 "
Warren Pipe Co. of Mass. , . 1.28 " .89 "
Mr. Ross said that inasmuch as the Warren Pipe Co. of
Mass. was the low bidder, he recommended placing the order
with them. Mr. Locke moved that Mr. Roasts recommendation
be approved. Mr. Rowse seconded the motion and it was so
voted.
Letter was received from Mr. Paxton advising that bids
were received from eleven companies for asphalt requirements
Asphalt for 1940. All bids were the same. Mr. Rowse moved that
bids Mr. Paxton be authorized to purchase the asphalt wherever
he will get the best service . Mr. Sarano seconded the motion
and it was so voted.
Letter was received from Mr. Paxton to which was
attached a list of contractor's tools and supplies needed
Supplies by the W.P.A. and Highway Dept. for 1940. He requested
permission to purchase the supplies during the coming week.
It was decided to hold the matter over and to find out if
Paxton obtained bids for the supplies,
The following requests for halls were received:
Lexington Choral Club - May 21 - Cary Hall for a rehearsal
from 8 to 9:30;
Soft Ball League - April 26 - Conference Room - for a meeting;
tea, of Hall V. la. W. - April 26 - Conference Room for a meeting;
Chamber of Commerce - May 7 - Conference Room for a meeting.
Mr. Potter moved that the uses of the halls be granted
free of charge. Mr. Sarano seconded the motion and it was
so voted.
Bond of Clarence S. Walker as Treasurer of the Trustees
Bond of Public Trusts for one year from March 6, 1940, in the
sum of $1,000. was received. Mr. Potter moved that the bond
be approved. Mr. Rowse seconded the motion and it was so
voted.
The Chairman informed the Board that there was a $6,000.
Insurance fire insurance policy expiring on May 4th through the office
of George H. Gibson. Mr. Rowse moved that the policy be
renewed through the office of Tracey W. Ames. Mr. Potter
seconded the motion and it was so voted.
Letter was received from Mr. Garrity stating that two
Cedar trees on the Bruce property on North Street had been
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damaged by the snow plow and should be replaced at a cost
of about $20.00. Mr. Rowse moved that Mr. Garrity be Damage to
requested to settle the matter for an amount not to exceed Bruces'
$20.00. Mr. Potter seconded the motion and it was so trees.
voted.
Mr. Locke moved that the request of Lillian D. Parks Parks
for permission to store petroleum products at the corner gasoline
of Curve Street and Mass. Avenue be denied in view of the license.
Board of Appeals decision on the same .
Application for the re-admission of Helen Foley of Foley-
59 Congreve Street, Roslindale (Lexington settled) was San. appli
received. Mr. Potter moved that the application be approved
and signed. Mr. Sarano seconded the motion and it was so
voted.
Mr. Potter moved that the following orders be signed: Orders
ORDER OF TAKING
By the Town of Lexington of Easement
for the Construction of a Water Main
LOCUST AVENUE
(From the present end a distance of
approximately 465 feet to Follen Road)
WHEREAS, at a meeting duly called and held on March 25th,
1940 and adjourned to April Sth, 1940, 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 1940 in accordance with authority
contained in the By-Laws of the Town, subject to the assess-
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
transfer from the Water Department Available Surplus Account."
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 improvement for the
purpose of constructing and maintaining a water main in
Locust Avenue, from the present end a distance of approximately
465 to Follen Road as aforesaid, the following easement,
namely:
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The right to enter upon the land shown as Locust Avenue
on a plan entitled, "Plan of Proposed Water Mian in Locust
Avenue Lexington, Mass. Scaler 1 in. s 80 ft. Apr. 22, 1940
Joseph A. Ross, Supt. Water Dept." and owned by R. Lockwood
Tower et al, and construct therein a line of water main with
all necessary connections, shut-offs, and appurtenances sub-
stantially as shown on a plan of Joseph A. Ross, Supt. , Water
Department, dated April 22, 1940, 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 construct-
ing and thereafter maintaining, operating, inspecting, re-
pairing and replacing 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 Cheter 80 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 seccessors 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 twenty second day of April,
1940.
SELECTMEN Archibalsi R. Giroux
wiiiis , G. Potter
OF Errol H. Locke
A. Edward Rowse
LEXINGTON George W. Sarco
155
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss April 22, 1940
Then personally appeared the aboved named Archibald R.
Giroux, William G. Potter, George W. Sarano, A. Edward Rowse
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 March 14, 1945
SCHEDULE OF ESTIMATED BETTERMENTS
REFE1RED TO IN THE FOREGOING ORDER
LOCUST AVENUE
(From the present end a distance of approximately
465 feet to Follen Road)
Owner as of January 1st . 1940 Lot No. Assessment
R. Lockwood Tower et al 17 *90.00
+► n " n n 18 96.82
" " " " 19 105.68
e " 20 108.00
COMMONWEALTH OF MASSACHUSETTS
Middlesex, as. Town of Lexington
WHEREAS, the Town of Lexington at a Town Meeting duly
called and held on March 25th, 1940, duly adopted under Article
20 of the Warrant the followingvote:
"Voted: That the sum of 85, 000. be appropriated for
the construction of sanitary sewers with the cooperation of
any agency of the United States as provided in General Laws,
Chapter 40, section 5, clause 39; the said construction to
be under the authority of Statute 1897, Chapter 504, as
amended, and subject to the assessment of betterments as
provided in Statute 1939, Chapters 91 and 446; the said sewers
to be constructed in some or all of the areas shown on the
following ,plans on file in the office of the Town Engineer:
"Lexington, Mass. Manor Sewerage System Construction
Drawings 1940 - Town of Lexington John T . Cosgrove, Town
Engineer";
"Lexington, Mass . North Lexington Sewerage System -
Scales Hor. 1" 40+ - Ver. 1" - 4+ Dec. 1939 John T . Cosgrove,
156
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Town Engineer";
"Lexington, Mass. Liberty Heights Sewerage System, Scales
Hor. _1" is 401 - Ver. 1" • 41 Dec. 1939 John T. Cosgrove,
Town Engineer";
and that the Selectmen be authorized to construct or cooper-
ate in the construction of any or all of such sewers and
to take by eminent domain any necessary easement therefor;
and that under the authority of and as provided in Statute
1939, Chapters 72 and 453 the Town Treasurer, with the ap-
proval of the S€aleatmen, be and hereby is authorized to
borrow the sum of 085,000. and to issue notes of the Town
therefore payable in not more than ten years ."
Voted: By the Selectmen, acting as a Board of Water
and Sewer Commissioners under the authority conferred by
Statute 1897, Chapter 504 and Acts in amendment thereof
arAa clition thereto, and of votes of the Town of Lexington
/ t e o, at sewer be constructed in Oak Street, from
Ellis Street southeasterly distant approximately 420 feet,
substantially in accordance with a plan made by John T.
Cosgrove, Town Engineer, dated April 18, 1940, and entitled
"Plan of Proposed Sewers in "Liberty Heights" Lexington
Mass. April 18, 1940 Scale 1 in. = 40 ft. John T. Cosgrove,
Town Engineer" .
Betterments will be assessed for this improvement in
accordance with the provisions of Chapters 91 and 446 of the
Acts of 1939.
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:
That portion of those properties on each side of Oak
Street from Ellis Street southeasterly distant approximately
420 feet.
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 estimate the betterments that will be assessed upon
each parcel of land to be as shown in the schedule which is
hereto annexed and made a part hereof.
Witness our hands at Lexington aforesaid this twenty-
second day of April 1940.
Archibald R. Giroux SELECTMEN
William G. Potter OF
Errol H. Locke LEXINGTON
A. Edward Rowse
George W. Sarano
157
COMMONWEALTH OF MASSACHUSETTS
II Middlesex, ss. Lexington, Mass.
April 22, 1940.
Then personally appeared the above named Archibald R.
Giroux, William G, Potter, A. Edward Rowse, Errol H. Locke,
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 in the Town of Lexington,
before me,
James J. Carroll
Notary Public.
Term March 14, 1945
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
OAK STREET
(From Ellis Street southeasterly distant approximately
420 feet . )
Owner as of January 1st. 1940 Assessment
Marion C . Smith $77.00
Addie M. Mason 49.0.0
James H. and Margaret B. Barnes 47.00
Edith N. Monto 93.00
m o and Mary Carvalho t by e 209.00
Dorothy 0 Hayward 140.00
George F. Stygles, 69.00
Herbert A. and Frances C . Flint t by e 128.00
Chester H. Monto 35.00
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
WHEREAS, the Town of Lexington at a Town Meeting duly
called and held on March 25th, 1940, duly adopted under
Article 20 of the Warrant the following vote:
"Voted: That the sum of $85,000. be appropriated for
the construction of aanitary sewers with the cooperation of
any agency of the United States as provided in General Laws,
Chapter 40, section 5, clause 39; the said construction to
be under the authority of Statute 1897, Chapter 504, as
amended, and subject to the assessment of betterments as
provided in Statute 1939, Chapters 91 and 446; the said
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sewers to be constructed in some or all of the areas shown
on the following plansthe on file in t e office of the Town
Engineer:
"Lexington, Mass. Manor Sewerage System Construction
Drawings 1940 - Town of Lexington John T . Cosgrove, Town
Engineer";
"Lexington, Mass. North Lexington Sewerage System -
Scales Hor. 1" - 40' - Ver. 1" • 41 Dee. 1938 John T. Cosgrove,
Town Engineer";
"Lexington, Mass. Liberty Heights Sewerage System,
Scales Hor. 1" • 401 - Ver. 1 • 41 Dec. 1939 John T. Cosgrove,
Town Engineer!;
and that the Selectmen be authorized to construct or cooperate
in the construction of any or all of such sewers and to
take by eminent domain any necessary easement therefor; and
that under the authority of and as provided in Statute
1939, Chapter 72 and 453 the Town Treasurer, with the approval
of the Selectmen, be and hereby is authorized to borrow the
sum of $85,000. and to issue notes of the Town therefore
payable_ in not more than ten years."
Voted: By the Selectmen, asting as a Board of Water
and Sewer Commissioners under the authority conferred by
Statute 1897, Chapter 504 and Acts in amendment thereof and
in addition thereto, and of votes of the Town of Lexington
pursuant thereto, that a sewer be constructed in Oak Street,
from the existing sewer in Massachusetts Avenue southeasterly
to Ellis Street distant approximately 1105 feet, substan-
tially in accordance with a plan made by John T. Cosgrove,
Town Engineer, dated April 18, 1940, and entitled, "Plan
of Proposed Sewer in Oak Street Lexington, Mass. April 18,
1940 Scale 1 in. = 40 ft. John T. Cosgrove Town Engineer".
Betterments will be assessed for this improvement in
accordance with the provisions of Chapters 91 and 446 o#'
the Acts of 1939.
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:
That portion of those properties on each side of Oak
Street from Massachusetts Avenue southeasterly to Ellis
Street distant approximately 1105 feet.
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 estimate the betterments that will be assessed upon
each parcel of land to be as shown in the schedule which
is hereto annexed and made a part hereof.
Witness our hands at Lexington aforesaid this twenty-
second day of April 1940.
Archibald R. Giroux SELECTMEN
William G. Potter
Errol H. Locke OF
159
A. Edieard Rowse
George W. Sarano LEXINGTON
Commonwealth of Massachusetts
Middlesex, ss. Lexington, Mass.
April 22, 1940.
Then personally appeared the above named Archibald R.
Giroux, William G. Potter, A. Edward Rowse, 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 in the Town of Lexington,
before me,
James J. Carroll
Notary Public
Term March 14, 1945
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
OAK STREET
(From Massachusetts Avenue southeasterly to Ellis
Street distant approximately 1105 feet)
Owner as of January 1st. 1940 Assessment
Howard S. 0. Nichols $1002.00
John C. Russell 75.00
Howard S. 0. Nichols 993.00
Mr. Locke seconded the motion and it was so voted
Mr. Potter moved that the water main in Locust Ave.
not be started until construction on one of the houses
requiring an extension of the water main is started. Mr.
Locke seconded the motion and it was so voted.
Mr. Locke moved that the following Pasteurization of
Milk Licenses be granted: Licenses
Lowland Dairy - 92 Adams Street
Fair Oaks Dairy - Sheridan Street.
Mr. Sarano seconded the motion and it was so voted.
Letter was received from Rachella Belcastro of 181
Marrett Road requesting that something be done to clean out
160 -.
Belcastro- the ditch on her property. The Clerk was instructed to
drainage ask Mr. Paxton for a report on the matter for the nett
meeting.
Letter was receivedfrom William E. Mulliken calling
the Boardts attention to a condition on his land on
Drainage Waltham Street which he claims is due to the failure of the
Mulliken Town to properly drain the North Branch of Vine Brook. Mr.
Rowse moved that the matter be referred to Mr. Raymond and
Mr. Wrightington and that a report be requested from
both. Mr. Sarano seconded the motion and it was so voted.
Mr. Sarano told the Board that Jerry Cataldo called
Dumping him and said he had an opportunity to take refuse from the
Cataldo Town of Arlington and dump it on his property near the
property Reservoir and fill it up. The Board felt that this would
cause a great deal of trouble as complaints have always
been received about the Town of Arlington dumping in this
vicinity. No action was taken on the matter.
Mr. Potter brought up the matter of dumping on the
Dumping on sides of streets. He said that Pleasant Street was in very
streets poor condition. The Chairman suggested that Mr. Lamont get
as many Welfare men as possible and have them clean up the
streets and to prosecute any person that he is able to
identify as having dumped on the sides of streets.
The meeting adjourned at 11:15 P.M.
A true record, Attest :
Clerk.
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