HomeMy WebLinkAbout1940-05-13 177
SELECTPEN'S METING
May 13 , 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. Mr. Carroll appeared before the Board
for the drawing of one juror to serve on criminal business
at Cambridge, first session, beginning June 3 , 1940 . Juror
Melville W. Webb, salesman, 266 Lincoln Street, was the
juror drawn.
The Chairman spoke to Mr . Carroll about a further
loan for the W. P. A. The town authorized the borrowing
of *85 ,000. and at the time, the Selectmen explained
that it might be possible to save $7,000. of that if
materials were allowed on the North Lexington Sewer
Project and if unaccepted streets were allowed. The
Chairman asked if the Board thought we should go ahead
and borrow the balance of $35,000. , - $50,000. already
having been borrowed. He said he told Mr. Beach that
the Board would rely on him to warn the Selectmen if
the money was getting low. Mr. Beach agreed to warn the
Board when this happened. The Chairman said he assumed
there was no need of borrowing any more money right now
and asked Mr. Carroll how he felt about it.
Mr. Carroll said we could not do anything yet as W.P.A. sower
we had not received the approval of the North Lexington loan
Sewer project from Washington. The Chairman asked Mr.
Carroll if he thought it would be wise to borrow the
whole $35 ,000. regardless of how much we mere going to
use, and Carroll said he would advise it if we got a
good rate. Mr. Rowse asked if that money had to be
borrowed this year and Mr. Carroll said he did not be-
lieve so .
Mr. Carroll retired at 7:40 P. M.
At 7 45 P. M. Mr. Charles Moloy and Mr. Raymond
appeared before the Board.
The Chairman said that some time ago, he told Mr.
Moloy that the Board would discuss with him the matter
of evening uses of halls. He said there was no question
but that it was quite a problem for Moloy and Murray
to handle the day and night work both. He said the Evening uses-
Board told him last year that whenever they worked at Cary Hall
night they could have time off during the day. Mr.
Moloy said that the day work would not permit taking time
off. The Chairman said that something would have to be
178 0.4
done such as putting on a night man as the demands
were greater every week. Mr. Moloy said he did not want
to work Mr. Murray at night as he did not believe he
was getting enough money. However, when Mr. Moloy was
working on the switchboard he had to have Murray there
to take care of the fire . The Chairman said that an
extra man on nights would not take care of the problem
as Moloy would have to be there to take care of the
switchboard.
Mr. Moloy said that Mr. Murray did work extra time
now and that he had Rochette, a welfare man, putting in
seven hours a day five days a week. Mr. Moloy said
that the assistant' s job used to pay $28.75 and all
Mr. Murray gets if $25. The Board asked if Mr. Murray
would be satisfied to do more extra work providing he
was paid at *28.75 per week and Mr. Moloy said he did
not know, he would have to take that up with him. Mr.
Rowse asked if he was the type of man Mr. Moloy wanted
for an assistant, and he replied in the affirmative.
Mr. Moloy said that persons using school halls had to
pay janitor service and that might help here. The
Chairman said that it would be very difficult to do
that as several organizations had free uses.
Mr. Moloy retired at 7: 57 P. M.
Mr. Rowse asked Mr. Raymond what he thought about
the matter, and he said he thought there were too many
free uses of the halls. He said that it cut into the
revenue to other halls in the town that were paying
taxes.
No further action was taken on the matter, but
it was decided to bear in mind either the appointment
of an additional janitor or an increase in salary for
the assistant janitor when budgets for next year were
being discussed.
Mr. Russell and Mr. Wrightington appeared at 8:00
P. M.
The Chairman read a letter from Mr. Russell to Mr.
Wrightington regarding payments for land damages in
connection with the Vine Brook Sewer and Drain. Mr.
Russell said that the balance on hand would be just
about enough to meet present unpaid costs. Mr. Russell
thought that the Town would have to make a borrowing
in anticipation of reimbursement by the Federal gov-
ernment soon under Chapter 82 of the Acts of 1938. The
town could borrow for a period of one year but he was
worried about what would happen if the Federal grant
was not received within the year. He therefor felt
that the town should defer any borrowing in anticipa-
tion of Federal grant to the latest possible date. He
179
said that if a borrowing was made for one year and the
Federal grant was not received within that time, it
would be necessary to call a Town Meeting and make a
further appropriation which would probably have to be
included in the tax levy.
The Chairman said that we have been going on the
basis that ample funds were available to meet land
settlements and takings, but there is just about money
enough to pay outstanding bills to the contractors.
We would get approximately $39,000. if the Federal
government approved all the items submitted as expenses
and costs. It was his belief that if a large part of
this was borrowed in anticipation of reimbursement by Vine Brook
the Federal government, there was a good deal of gamble Project funds
to it. He felt that if such a borrowing was to be made,
he would be inclined to call an informal Town Meeting
and explain what the Selectmen were going to do so
there would be no question on it and so that the towns-
people would know that it might be necessary to take
up part of it as an appropriation next year.
Mr. Rowse asked if other towns borrowed in antici-
pation of reimbursement, and Mr. Wrightington said
that he did not know. He said that there was statutory
authority for borrowing for one year for that purpose.
The Chairman read a letter from the P. W. A. head-
quarters suggesting that a requisition for a semi-
final grant be submitted. Mr. Wrightington said that
he had received a letter from the P. W. A. insisting
that he give some idea of the expenses of litigation
in these cases. He told them he would not be able to
dispose of three or four of the cases this spring, but
he did give them some idea of the legal expense.
The Chairman asked how much Mr. Russell would
recommend borrowing. Mr. Wrightington asked if there
was any obligation to borrow more than once, and Mr.
Russell replied in the negative. Mr. Raymond said he
would have to go over the figures with Mr. Russell
before he could tell how much should be borrowed.
The Chairman suggested that the three of them get
together and come to some agreement on how much should
be borrowed and when it should be borrowed.
Mr. Wrightington said that he had agreed with
Wheeler' s attorney to settle that case for $2750. and
with the attorney for Innis and McLennan to settle
that case for $250. He thought both of these should
be paid in June. Various P.W.A.
On the Leary cases, Mr. Wrightington told Ryder suits
that the Board would offer $1,000. for both cases and
180
Ryder said that Leary would not accept that, but would
accept $1100. Mr. Raymond said there were no funds to
pay that much money. Mr. Wrightington said he was
inclined to pay the $1100. Mr. Potter moved that the
Town Counsel be authorized to settle the actions brought
by William J. Leary against the Town for $1100. and that
050. of this amount be charged to the North Lexington
Sewer Account and that the Appropriation Committee be
requested to transfer $350. from the Reserve Fund to
pay for the action for damages due to discharge of sew-
age into Vine Brook in July, 1938. Mr. Locke seconded
the motion and it was so voted.
Mr. Wrightington said that we would have to have a
Town Meeting vote striking out the $10,000. limitation
Town Meet- on the land damages on Butterfield's Pond and thought
ing that we 'should plan on a Town Meeting soon. The Chair-
man requested Mr. Wrightington to advise the Selectmen
when he thoughtthe meeting should be held.
The Chairman read a letter from the Town Counsel
advising that he saw no reason why the Town should carry
public liability insurance in the steam boiler insurance.
Mr. Raymond said there were only two boilers we
Boiler in- would use between June 10 and Sept. 10. One is the
surance boiler in the Cary Memorial Library which is used for
hot water and the other is the steam roller boiler, and
if we can get the rebate with those two still in, he
would recommend going ahead with it.
Mr. Rowse moved that Mr. Hill be notified that the
Selectmen approve the elimination of the liability cov-
erage for injuries to persons and also that the insur-
ance be suspended on boilers from June 10 to Sept. 10
with the exception of the Cary Memorial Library and
steam roller boilers. Mr. Sarano seconded the motion,
and it was so voted.
Mr. Raymond said that he would recommend that
Donald D. Reynolds of Weston, who works for the Boston
Stevens case Sand and Gravel Co. , be employed as the gravel expert
in the Stevens case. Mr. Reynolds has never qualified
as an expert in Court, but undoubtedly he could qualify.
He would go down to the Stevens pit on the basis of
$50. a day and the first step would not take more than
two days. This fee would not include services in Court.
Mr. Reynolds would give a very good opinion without
spending a lot of money for borings, but he might re-
commend borings for a more accurate report. No action
was taken on the matter.
L
181
Mr. Raymond recommended taking bids on blasting for
the W. P. A. sewers from two people who will take the
responsibility for the work. Mr. Rowse moved that Mr. W. P. A.
Raymond take the bids. Mr. Potter seconded the motion, Blasting
and it was so voted.
Letter was received from Mr. Paxton asking for in-
structions as to the method of securing sand and gravel
bids this year. Mr. Raymond said he would recommend
advertising. Mr. Rowse moved that Iur. Paxton be instruct-
ed to write the specifications for the sand, gravel and Sand &
broken stone bids and that the same be advertised. Mr. Gravel bids
Potter seconded the motion and it was so voted.
Three applicants for the position of Supt. of Public
Works appeared before the Board for personal interviews. Supt. of
Pub. Wks.
Bill of Patrick J. Maguire for $4. 50 for services
in connection with the Federal Farm Mortgage case was
received with Mr. Wrightington' s approval. Mr. Rowse Constable' s
moved that the bill be approved and charged to the bill-suit
North Lexington Sewer project. Mr. Locke seconded the
motion and it was so voted.
Mr. Morse appeared before the Board at 9 :52 relative
to welfare matters and retired at 10:30 P.M. Welfare
Letter was received from Lily C. Johanson requesting
abatement of water betterment assessment in the amount of Johanson
$90. levied against her property on Concord Avenue on water
which a building already being served with water is abatement
located. Mr. Potter moved that the Selectmen authorize
the abatement. Mr. Sarano seconded the motion and it
was so voted.
Upon motion of Mr. Rowse, seconded by Mr. Saran, it
was voted to grant the following licenses: Licenses
Elizabeth Burton, 38 Co.ony Road - Boarding house for
Infants
Jane Foley, 414 Marrett Road - Common Victuallers
Jacob Bornstein, 4 Sylvia St . - Junk Dealer
Forrest E. King, 6 Waltham St. - Overhanging Sign
Application for a junk license was received from
Jaoob Bornstein of 4 Sylvia Street. Mr. Potter said that Bornstein
this man had paid $15. toward his 1939 license which was Junk
never issued and he requested that this be applied toward License
his 1940 license and that he be allowed to pay the balance
in installments. Mr. Rowse moved that the license be
granted for fifteen weeks and that the time be extended
upon receipt of the balance of the fee. Mr. Sarano
seconded the motion and it was so voted.
182
CO
Berman The Clerk was instructed to tell Max Berman of
Junk 13 Mass. Avenue that if he wished to pay a part of his
License. junk license fee, that he would be given a license for
a proportionate part of the year.
Letter was received from Mr. Paxton stating that the
Rental of residents of Spencer Street had requested permission to
grader. rent the grader at the usual rates for the purpose of
scraping the street. Mr. Potter moved that Mr. Paxton be
given permission to rent the grader to the residents of
that street. Mr. Locke seconded the motion and it was
so voted.
Letter was received from the Chamber of Commerce
requesting the use of a conference room on May 14th and
Use of the use of Estabrook Hall on May 27th. Mr. Potter moved
Hall that the use of the conference room on May 14th be approved
free of charge. Mr. Locke seconded the motion and it was
so voted. The Clerk reported that Estabrook Hall would
not be available on May 27th.
Letter was received from Mr. Garrity advising that
he was planning to paint the swimming pool and wading
pool soon and would like permission to purchase paint and
Swimming thinner from the Inertol Co. He requested informa-
Pool tion from three companies that sell paint for swimming
pools, but believed the Inertol Co's . paint would give the
most satisfactory service. The total cost would be
$210.75. Mr. Rowse moved that Mr. Garrity be given per-
mission to buy the paint and thinner. Mr. Locke seconded
the motion and it was so voted.
Letter was received from Mr. Garrity recommending
that the following persons be appointed to serve at the
playground this summer:
Center Playground
1 male supervisor
Robert Eichorn 10 wks @ $25. per week $250.00
1 female instructor
Betty Nourse 10 wks .@ $18. per week 180.00
1 male instructor
Ralph Cowdrey 9 wks. @ $16. per week 144.00
1 female instructor
Evelyn Hooper 10 wks.@ $16. per week 160.00
1 female instructor
Edna Smith 9 wks.@ $18. per week 144.00
1 male pool attendant
William Collins 10 wks . @ $10. per week 102.00
(Labor Day -42. )
,, 1 female pool attendant
.- Paul/Franks 10 wks.@ $10. per week 102.00
(Labor Day - $2. )
183
East Lexington Playground
1 female instructor
Betty Lewis 9 wks. @ $18. per week $162.00
1 male instructor
Lawrence Healey 9 wks. @ $16. per week 144.00
North Lexington Playground
1 male instructor
Richard Wade 8 wks. @ $18. per week 144.00
$1532.00
Mr. Locke moved that Mr. Garrity's recommendations be
approved and the persons appointed. Mr. Potter seconded
the motion and it was so voted.
Letter was received from Mr. Grindle stating that
certain citizens had discussed with the School Department Wooden
the advisability of placing wooden policemen at various policemen
seottens near the schools. Mr. Grindle said that in
colunities where these are now in use, regular policemen
are not on duty. Arrangements would have to be made to
have them delivered and picked up each day. The School
Committee requested the Selectmen's advice on the matter.
The Clerk was instructed to get a report on the subject
from Chief Sullivan.
Letter was received from the Supt. of Schools Complaint
stating that complaints had been received about young re children
people thumbing rides . He said that the School Dept. thumbing
would be pleased to cooperate with the Selectmen and. rides.
Police Dept . in an attempt to reduce the amount of this
practice.
The Clerk was instructed to get a report on the matter
from Chief Sullivan.
Letter was received from Herman MacKay of 36 Waltham
Street stating that a Rock Maple tree which is in poor
condition, was directly in the path of his proposed drive- Request fo:
way. He requested that the tree be removed. Mr. Potter removal of
moved that the Selectmen, acting as Tree Wardens, order tree.
the tree posted for removal and if there was not too much
objection, that it be removed. Mr. Sarano seconded the
motion and it was so voted.
Mr. Rowse moved that the vote of last week appointing
Mr. F. J. Spencer a fence viewer be rescinded. Mr. Sarano Fence
seconded the motion and it was so voted. Mr. Rowse moved Viewer
that Mr. J. Bruce Lewis be appointed in his place. Mr.
Sarano seconded the motion and it was so voted.
Letter was received from the Town Clerk to which was Bjork
attached letter from Morris R. Flynn, attorney for one claim
Hilda Bjork, who claims that she fell into a ditch on
Oak Street at 11;30 P.M. on May 2nd. She said the reason
184
t
for the fall was the lack of proper guard railing and
light about the ditch. Mr. Potter moved that the matter
be referred to the Town Counsel. Mr. Sarano seconded the
motion and it was so voted.
Mr. Potter moved that the following Flag Week proclam-
ation be issued:
A PROCLAMATION
To the Citizens of Lexington, Greetings:
WHEREAS, in these days of world-wide turmoil, with
subversive forces and influences striving to discredit
and destroy the ideals and institutions symbolized by our
Country's Flag, all loyal Americans should answer this
challenge by displaying and paying tribute to that Flag
as the emblem of our rights and liberties; and,
WHEREAS, With this end in view, the period June
Flag Week 8th to 14th has been designated as Flag Week by The United
Proclamation States Flag Association, headed by the President of the
United States as Honorary President General, during which
time patriotic exercises and other appropriate functions
are to be held in towns and cities throughout all the Land,
NOW, THEREFORE, as Selectmen of Lexington, we do
proclaim June 8th to 14th as FLAG WEEK and direct that
during this period the Flag of the United States be dis-
played on all municipal buildings and vehicles. Further-
more, we do invite the people of Lexington to display the
Stars and Stripes at their homes, places of business and
other suitable locations as well as on their ears, and to
hold patriotic exercises, plan Flag parades and do other
suitable things as a public expression of our love of our
Country, our allegiance to its Glorious Banner and our be-
lief in the institutions of American Democracy.
IN WITNESS WHEREOF we have hereunto set our hand and
caused the seal of the Town of Lexington to be affixed
this 13th day of May in the year of our Lord Nineteen
Hundred and Forty.
Archie R. Giroux
Chairman, Selectmen of
Lexington.
Mr. Sarano seconded the motion and it was so voted.
Letter was received from the Town Clerk advising
Committee that the following persons had been appointed to study
on the needs of an airport in the locality of Concord, Bedford
Airport. and Lexington: A. Randall Soderberg; William H. Ballard;
Robert D. Mayo; Alton M. Phelps; and Fred C. Newhall.
185
Letter was received ffom the W.F.A. district office
advising that the week of May 20 through May 25 had been W.P.A.
designated as "this work pays your Community" week. The week
writer requested the cooperation of the Selectmen by
issuing a proclamation designating the week as such. Mr.
Beach said that the letter referred to the School Lunch
project. The Clerk was instructed to place an article in
the paper designating the week as "This work pays your
Community" week and inviting people to visit the school
lunch project.
Upon motion of Mr. Potter, seconded by Mr. Locke, it
was voted that the following sewer orders be signed:
ORDER OF
TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASE}
MENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED
AMES AVENUE
(From Carville Avenue southeasterly
approximately 600 feet) .
WHEREAS, 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 Ames Ave.
system of sewerage, with the powers and authority set forth Sewer Order
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 sewer-
age 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 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 voters of 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
186 0.4
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. Ed-
ward 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 toin 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 25th day of March, 1940,
"Voted: That the sum of $85,000. be appropriated for the
construction of sanitary sewers with the cooperation of any
agdncy 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, Chapters446;91 and 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" = 41 Dec. 1939 John T.
Cosgrove, Town Engineer";
"Lexington, Mass. Liberty Heights Sewerage System,
Scales Hor. 1" = 401 - Ver. 1" = 4' Dec. 1939 John T.
Cosgrove, Town Engineer";
and that the Selectmen be authorized to construct or co-
operate 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 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." 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 "Line of location", viz :
187
Beginning at a point in the southeasterly line of
Carville Avenue, said point being southwesterly and distant
about 628.6 feet from the southwesterly line of Oak Street,
thence S 60° 32' 20" E distant 600.00 feet to a point in
the northwesterly line of Baker Avenue .
For further description of the line of location see plan
by the Town Engineer dated April 18, 1940, hereinafter men-
tioned and referred to .
And whereas the right of way and easement hereinafter
described and taken are necessary for the eastablishment of
said system of sewerage and sewage disposal and for the pur-
pose 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 Ames Avenue for
a sewer, including manholes and appurtenances, said sewer to
be laid and maintained in the ground in substantial accord-
ance 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 main-
taihing, 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 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 Statute 1939, Chap-
ters 91 and 446.
A plan made by John T. Cosgrove, Town Engineer, dated
WprIl 18, 1940, entitled "Plan of Proposed Sewers in
"Liberty Heights" Lexington, Mass. April 18, 1940 Scale
1 in - 40 ft. 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.
4 __
1$8 0.1
Co
en
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 follbws :
The same being lands of North Cambridge Co-operative
Bank, Town of Lexington, Joseph L. McDonald, Ernest W.
Anderson, Davis Levine, Clarence E. MacPhee, Peter Van-
Gemert, Caroline and Ada G. Bowker, Patrick F. Walsh.
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 amend-
ment 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 Selectmen aforesaid,
have hereunto subscribed their names this 13th day of
May, A. D. , 1940.
ARCHIBALD R. GIROUX BOARD
WILLIAM G. POTTER
ERROL H, LOCKE OF
A. EDWARD ROWSE
GEORGE W. SARANO SELECTMEN
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, May 13, 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 acknow-
ledged 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 Commission-
ers of the Town of Lexington, before me,
JAMES J. CARROLL
Notary Public
189
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
AMES AVENUE
(From Carville Avenue southeasterly
approximately 600 feet)
Owner as of January 1st, 1940 Lot No. Assessment
North Cambridge Co-operative Bank 479-481 $105.00
Town of Lexington 482 35.00
Joseph L. McDonald 483,484 70.00
Town of Lexington 485,486 70.00
Ernest W. Anderson 487,491 174.00
Davis Levine 492,493 70.00
Clarence E. MacPliee 328,330 105.00
Peter VanGemert 325,327 105.00
Peter VanGemert 494,495 70.00
Caroline & Ada G. Bowker 496,497 70.00
Ernest W. Anderson 498,499 70.00
Patrick F. Walsh 500,507 279.00
ORDER OF
TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT
UNDER CHAPTER 504 OF THE ACTS of 1897 AS AMENDED
COOLIDGE AVENUE
(From a point about 550 feet northwesterly of Adams Street
northwesterly to Hancock Street, approximately 952 feet)
WHEREAS, By Chapter 504 of the ,Acts of the year 1897,
entitled "An Act to authorize the Town of Lexington to
construct 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, with the powers and authority set
forth in said Act, including full power to take by purchase
190
or otherwise any lands, rights of way and easements
in said Town necessary for the establishment 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 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 voters
of said town in the manner provided in Section 5 there-
of, 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 con-
solidated 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 Commiss-
ioners should therea fter 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
191
1940 WHEREAS the Town has on the 25th day of March,
"Voted: That the sum of $85,000. be appropriated for
the construction of sanitary sewers with the coopera-
tion of any agency of the United States as provided
in funeral 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, Town Engineer";
"Lexington, Mass. Liberty Heights Sewerage System,
Scales Hor. 1" - 40' - Ver. 1" 4' Dec . 1939, John
T. Cosgrove, Town Engineer";
and that the Selectmen be authorised to construct
or co-operate 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 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, "
and
WHEREAS the system, as so laid out, required the
construction 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 "Line of Location", viz;
Beginning at a point in the center line of Cool-
idge Avenue, said point being northwesterly and distant
about 550 feet from the northwesterly line of Adams
Street, theme northwesterly distant 118.76 feet to a
point of curvature, thence bearing to the left with
a curve of 369.48 feet radius distant 183.25 feet to
192
Cl
a point of tangency, thence northwesterly distant
651 .08 feet to a point in the easterly line of Hancock
Street.
For further description of the line of loca-
tion see plan by the Town Engineer dated April 25, 1940,
hereinafter mentioned and referred to.
And Whereas the right of way and easement herein-
after described and taken are necessary for the estab-
lishment 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 Coolidge
Avenue 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 necessary for the purpose of laying the
sewer, manholes and appurtenances initially and main-
taining, operating, inspecting and repairing the same
from time to time thereafter; said Town being always
bound to see that the ground directly after the comple-
tion of the workin each case is cleared of all surplus
material, and surface left in as smooth and good 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-five (25) feet on each side of the
line of location.
Betterments will be assessed for this improvement
in accordance with the provisions of Statute 1939,
Chapters 91 and 446.
A plan made by John T. Cosgrove, Town Engineer,
dated April 25, 1940, entitled "Plan of Proposed Sewer
in Coolidge Avenue Lexington, Mass. April 25, 1940
Scale 1 in. = 40 ft. 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 here-
193
with 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 Abraham L. and Sara G.
Deutchmann, Floyd L. Palmer, Francis W. and Marion L.
Small.
The said area comprises the several lots shown
upon the plan hereinbefore referred to, which are desig-
nated 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 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, agreeable 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 Selectmen aforesaid,
have hereunto subscribed their names this 13th day of
May, 1940.
ARCHIBALD R. GIROUX Board
WILLIAM G. POTTER
ERROL H. LOCKE of
A. EDWARD ROWSE
GEORGE W. SARANO Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, May 13, 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
194
to
of the Board of Water and Sewer Commissioners of the
Town of Lexington, before me,
JAMES J. CARROLL
Notary Public.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
COOLIDGE AVENUE
(From a point about 550 feet northwesterly of
Adams Street northwesterly to Hancock Street
approximately 953 feet) .
Owner as of January 1, 1940 Lot No. Assessment
Abraham L. & Sara G. Deutchmann t by e $45.00
" It If It II ft ++ 305.00
►± n r► rt n ft rt 3 110.00
Floyd L. Palmer Pt.2 74.00
(Reg. Land Cert. No. 39712
Francis W. and Marion L. Small 4 133.00
Abraham L. & Sara G. Deutchmann t by e 271.00
ft n If n It It n 33.00
ORDER OF
TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND
EASEMENT UNDER CHAPTER 04 OF THE ACTS OF 1897 AS
AMENDED
TUCEER AVENUE
(From Carville Avenue southeasterly approx-
imately 285 feet)
WHEREAS, By Chapter 504 of the Acts of the year
1897, entitled An Act to authorize the Town of Lex-
ington to construct 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,
with the powers and authority set forth in said Act,
195
' 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 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 abOU.t
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 voters
of said town in the manner provided in Section 5 there-
of, 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 con-
solidated 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
IISewer 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
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 act-
ing 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 &madded 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
196 0.1
CZ
Cl
WHEREAS the Town has on the 25th day of March, 1940
"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 con-
struction 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" a 4' Dec. 1939 John T.
Cosgrove, Town Engineer"; _
"Lexington, Mass . Liberty Heights Sewerage System,
Scale Hor. 1" r. 40' - Ver. 1" . 4' 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, Chapters 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."
and,
WHEREAS the system, as so laid out, required the
construction 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 "Line of location", viz;
Beginning at a point in the southeasterly line of
Carville Avenue, said point being southwesterly and
distant about 188.6 feet from the southwesterly line
of Oak Street, then S 600 32' 20" E distant about 285
feet to a point.
For further description of the line of location
see plan by the Town Engineer dated April 18, 1940,
hereinafter mentioned and referred to.
And whereas the right of way and easement herein-
after described and taken are necessary for the
establishment of said system of sewerage and sewage
197
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 Tucker Avenue
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
necessary for the purpose of laying the sewer, manholes and
appurtenances initially and maintaining, operating,
inspecting and repairing the same from time to time there-
after; 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 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 Statute 1939, Chapter 91
and 446.
A plan made by John T. Cosgrove, Town Engineer, dated
April 18, 1940, entitled "Plan of Proposed Sewers in
"Liberty Heights" Lexington, Mass. April 18, 1940 Scale
1 in. = 40 ft. 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 Herbert A. and Frances C. Flint,
Anthony and Antonia Janusas, Albertina F. and Dennis Byrne,
Lexington Co-operative Bank, Rosanne F. Trebino.
198
tt
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 Wild right of way and easement
to the Town of Lexington, ita 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. Saran of the Board of Selectmenaforesaid,
have hereunto subscribed their names this 13th day of
May, A. D. , 1940.
ARCHIBALD B. GIROUX BOARD
WILLIAM G. POTTER
ERROL H. LOCKS OF
A. EDWARD ROWSE
GEORGE W. SARANO SELECTMEN
COMMONWEALTH OF MASSACHUSETTS
Middlesex,as. Lexington, May 13th,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 of the
Town of Lexington, before men,
JAMES J. CARROLL
Notary Public.
Term expires March 14,
1945.
199
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
TUCKER AVENUE
(From Carville Avenue southeasterly
approximately 285 feet)
Owner as of January 1st. 1940 Lot No. Assessment
Herbert A. and Frances C. Flint ,t by e 409-412 $140.00
Anthony and Antonia Janusas 413-416 140.00
Albertina F. and Dennis Byrne 4.17 ,418 70.00
Lexington Co-operative Bank 434,438 174.00
Rosanne F. Trebino 439,442 140.00
The Chairman said that the Chamber of Commerce had
requested the storekeepers to be instructed to remove
their wares from the sidewalks in accordance with the Obstruction of
By-laws of the Town. Mr. Potter moved that the Police sidewalks
Dept. be requested to compel the storekeepers to take
their wares off the sidewalks. Mr. Sarano seconded the
motion, and it was so voted.
Mr. Potter said that Mr. Hayden had made an offer to
Miss McCaffrey, who owns the land on Parker Street in
which the water pipe to the playground is located, pro-
vided the Town will accept the land. Mr. Garrity
suggested putting six or eight posts on the Parker Street
side to prevent cars from going in. Mr. Potter asked
how the Board felt about the matter, but no action was
taken.
The meeting adjourned at 11:30 P. M.
A true record, Attest: Q�
Clerk