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HomeMy WebLinkAbout1940-07-08254 SELECTMEN I S MEETING ' July 8, 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 Uiroux, Messrs. Potter, Rowse, Locke and Sarano were present. The Clerk was also present. At 7:40 P.M. Harold P. Symons appeared before the Board, The Chairman told him that the reason the Board Water- Grey turned down his request for the extension of a water main Ledge Rd. in Grey Ledge Road was that it would cost the town 61,000. The whole job would cost $1300. and the betterments would amount to about $300. Mr. Symons said that if, he did not get the water, he would not build a house and the Town would not get any return In taxes. He said that he thought the estimate of X1300. was high and that it wo�lld not be necessary to extend the main so'far. The chairman said that the Board probably would be willing to submit the matter to the Town Meeting Members for action at the next Town Meeting. Mr. Symons said he thought it was not far-sighted ' At 7:30 P.M. hearing was declared open on the appli- cation of the Boston Edison Co. and the New Eng. Tel. and Pole Tel. Co. for permission to erect and maintain one pole on location Locust Avenue approximately 30 feet west of Lexington Ave. No persons appeared at the hearing. Mr. Sarano moved that the petition be granted. Mr. Locke seconded the motion and it was so voted. At 7:32 P.M. hearing was delcared open on the appli- cation of the Boston Edison Co. and the New Eng. Tel. & Tel. Co. for permission to erect and maintain two poles it on Follen Road, northerly from Locust Ave. No persons appeared at the hearing. Mr. Potter moved that the petition be granted. Mr. Locke seconded the motion and it was'so voted. At 7:35 P.M.the Town Treasurer appeared before the ' Board and stated that he had received the following bids on a loan in the sum of 75,000. in anticipation of revenue: Loan Lexington Trust Co. .21% dis. R.L. Day Co. .17% dis. Second Nat. Bank .173% dis. Lee Higginson Co. .224 dis. Mr. Locke moved that the bid of R.L. Day and Co. tt .17% dis, be approved. Mr. Rowse seconded the motion end It was so voted. At 7:40 P.M. Harold P. Symons appeared before the Board, The Chairman told him that the reason the Board Water- Grey turned down his request for the extension of a water main Ledge Rd. in Grey Ledge Road was that it would cost the town 61,000. The whole job would cost $1300. and the betterments would amount to about $300. Mr. Symons said that if, he did not get the water, he would not build a house and the Town would not get any return In taxes. He said that he thought the estimate of X1300. was high and that it wo�lld not be necessary to extend the main so'far. The chairman said that the Board probably would be willing to submit the matter to the Town Meeting Members for action at the next Town Meeting. Mr. Symons said he thought it was not far-sighted ' 255 ' on the part of the Board because the return in taxes would be lost if the house was not built. He intended to develop the whole piece of land within the next five years. He has been paying taxes on the property for nine years. It is assessed for $1000. now and he intended to build a house costing about $5000. above the ground. Mr. Rowse asked if he would be willing to pay any part of the cost of some arrangement could be made, and Mr. Symons said that would depend on how much he would have to pay. He would be willing to pay some part of it, say a couple of hundred dollars. The Chairman told him the matter would be discussed further and he retired at 7:55 P.M. After discussing the matter, Mr. Potter moved that no action be taken. Mr. Rowse seconded the motion and i t was so voted. At 7:55 P.M. Mr. F.K. Johnson and Mr. M..H. Gradiel, representative of the H.A. Miller Co., appeared before the Board. Mr. Johnson submitted a letter quoting a price of 42243.50 for an Oldsmobile ambulance, equipped with a Miller "Tu/level" body. The letter contained the equipment which the ambulance would carry. The Chairman asked if Ambulance. ' the words "Veterans' Memorial Ambulance" to be placed on the car were included in the price and Mr. Johnson replied in the affirmative. The Chairman suggested that the word "Lexington" be placed on both of the front doors and that the words "Veterans' Memorial Ambulance" be on the windows. Mr. Potter moved that the Oldsmobile ambulance with a Miller "Tu/level" body be purchased from F.A. Johnson, Inc., at the price of $2243,501 the specifications to be as outlined in his letter of July 8th, the body color to be Beaver Brown with leather interior trim tan #6511-79, tires to be six ply and delivery to be within four weeks. Mr. Sarano seconded the motion and it was so voted. The Chairman asked Mr. Johnson to notify the Selectmen a week in advance of the delivery of the ambulance and he agreed to do this. The men retired at 8:20 P.M. Mr. Raymond appeared before the Board. The Chairman read a letter from Louis J. Leturmy who owns property Leturmey off Grant Street, relative to his water supply. Mr. Leturmey claim. said he had a well in which there was always at least four feet of water until the Vine Brook work was done. Now the well is completely dry and he requested that the town do something to remedy the situation immediately. Mr. Raymond said there was no question but that the well had gone dry on account of the Vine Brook improvement. 1 256 i Mr. Leturmey signed a release as far as the North Lexing- ton sewer work is concerned. Mr. Raymond said that legally he was of the opinion that there wqs no liability oh the part of the Town because the town took the right to change the flow of water on the Leturmey land. The Chairman asked what would be needed to remedy the situation and he said he thought a dug well would be the only thing that would give Leturmy water. A water service to the pro- perty would cost between $400. and $500. The Chairman asked what Mr. Raymond would advise the Board to do, and he advised that Mr. Leturmy be notified that there was no legal liability on the part of the Town and that it was up to him to find his own water supply. He thought, however, that the Board.should look over the property before it decided on the matter. Mr. Rowse moved that Mr. Leturmy be advised that there was no legal liability on the part of the Town in the matter. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that in negotiating to get approval of the Grant Street and Hayes Lane drain, it was necess- ary to call the i,. W. A. office in New York and he paid Tel.calls $6,45 for three calls. Mr. Potter moved that Mr. Ray- mond be reimbursed and that the expense be charged to I the Vine Brook project. Mr. Locke seconded the motion, and it was so voted. Mr. Raymond said that he and Mr. Paxton looked -at the McKay and McClure lots on ,Sherman Street. He said it was difficult to picture these lots badly flooded although it was not raining when they made the visit. He said that the grass was growing all right there but that there was no question but that the drainage should be improved. He said this was another case where there was no legal liability on the part of the Town and there was a question whether or not the Board wanted to do something to satisq Mr. McKay. Mr. Paxton estimated that it would cost 6150.00 to grade the lots. Mr. Raymond thought the expense could be charged to the project, but he did not believe that the Town would be reimbursed by the Federal government. Mr. Sarano said he believed something should be done to relieve the situation. He said he went over there when it was raining and found there was a puddle three or four inches deep. .Mr. Sarano moved that the lots be graded in accordance with the recommendation of Messrs. Paxton and Raymond, at a cost not to exceed $150., the expense to be charged to the Vine Brook project. Mr. Potter seconded the motion, and it was so voted. , RM Inasmuch as the requirements of the Sub -division Regu- lations had not been complied with, it was voted to deny the ' request of Harold P. Symons for approval of layout of Grey Ledge Road. Letter was received from John L. Pichette asking when the five lots of land in the name of Joseph Grace on Grant Street, which were used as a storage place for rocks when the Vine Brook work was going on, were to be put back in their original condition. The writer said that tater remained in the reams of the lots. Mr. Raymond said it was up to Salvueci to fix up these lots Pichette claim and.said that he had been ordered in writing to do this. He said he heard today that Salvucei was going to make some sort of an agreement with Pichette. No action was taken on the matter. At 8-.30 P. M. Mr. Wrightington appeared before the Board to discuss various cases. Legal cases Upon motion of Mr. Potter, seconded by Mr. Locke, it was voted that the following declaration of abandon- ment of easement be approved and signed.- DECLARATION igned:DECLARATION OF ABANDONMENT OF EASEMENT The Board of Selectmen of the Town of Lexington, a muni- cipal corporation in Middlesex County, under the authority of General Laws, Chapter 40, Section 15, and pursuant to a vote of the Town Meeting of Lexington on July 1, 1940, duly called and, held, which vote was unanimously adopted, a copy, of which vote'is hereto annexed, hereby declare the ease- ment or right, if any, as in the said vote set forth, to be abandoned, for the amount and upon the terms therein set forth. IN WITNESS WHEREOF this instrument has been signed by a majority of the Board of Selectmen of the Town of Lexing- ton this 8th day of July, 1940. Archibald R. Giroux Errol H. Locke A. Edward Rowse William G. Potter George W. Sarano COMMONWEALTH OF MASSACHUSETTS Middleaexy ss. On this 8th day of ;7uly, 1940, personally appeared 1 258 ' Archibald R. Giroux, Errol H. Locke, A. Edward Howse, ' William G. Potter and George W. Sarano, and severally - acknowledged the foregoing instrument to be their free act and deed as Selectmen as aforesaid, before me, James J. Carroll Notary Public. Is James J. Carroll; Town Clerk of the Town of Lex- ington, hereby certify that at a Town Meeting of the Town of Lexington, duly called and held on July 1, 1940, pursu- ant to the following article in the Warrant for the said meeting: "Article 2. To see if the Town will vote to abandon any right or easement, if any, taken by eminent domain by the Town in an order of taking of land at Butterfield's Pond recorded in Middlesex South District Deeds Book 6279, page 318, to include in the storage basin when the water of Butterfield's Pond is raised to a level not exceeding 176 feet above mean sea level any part of the land of George E. Ham not taken in fee simple by the said taking, or act in any manner in relation thereto." the following vote was duly and unanimously adopted: ' "Article 2. WHEREAS the Town by an order of taking dated February 13, 1939 and recorded with Middlesex South District Deeds, Book 6279, page 313, took by eminent domain the right to flow the water of Butter - field's Pond over certain lands therein described to a level of elevation not exceeding 176 feet above mean sea level to provide a storage basin for flood flows of Vine Brook; and "WHEREAS the Town by an order of taking dated February 13, 1939, and recorded With'Middlesex South District Deeds, Book.: 6279, page 318, took title in fee simple to certain lands bordering upon the said Butterfield's Pond, including land of George E. Ham, and in the said latter taking also took the right and easement to maintain a dam or dikes to create a storage basin for flood flows of Vine Brook and to change the direction, volume and rapidity of flow of surface or underground water flowing into or out of Butterfield's Pond and to change and regulate the elevation of the surface of the water in said pond but not exceeding the level of 176 feet above mean sea level; and "WHEREAS it has been contended by the said Ham I that the said latter taking includes an easement to ' extend the flowage of the storage basin of the said pond to a level of 176 feet on other land of the said Ham not included in either of the said takings; and "WHEREAS the actual construction of the public works for which said taking was made includes two small dikes shown on the plan referred to in the said takings, which dikes limit the area of the said pond when raised to a level of 176 feet so as to exclude from the said storage basin any part of the land of the said Ham not so taken in fee; and "WHEREAS the Superintendent of the Highway Depart- ment having charge of the lands and easements so taken has notified the Selectmen that it was not the inten- tion of the Town by the said takings to include the remaining land of the said Ham in the said storage basin and that any right to use said other land of Ham for a storage basin that may have inadvertently been so taken is no longer required for public purposes; "VOTED: That the Town authorize the abandonment of any right or easement, if any, required by the Town by the said taking recorded in Book 6279, page ' 318, to include any of the land of the said Ham not taken in fee by the said taking in the area of the said storage basin when the water of Butterfield's Pond is raised to a level not exceeding 176 feet above mean sea level, and specify that no minimum amount be paid for such abandonment other than the cancellation by the owner of the land in question of any claim for damages for such alleged taking." A true copy: Attests James J,. Carroll. Town Clerk. The following petition signed by 339 persons..was received: A PETITION §AECTMEN and the Inhabitants of the Town of Lexington ' In accordance with Chapter 215, approved April 11, 1929, entitled "an act to establish in the Town of Lex- ington representative town government by .limited town meet- ings", we the undersigned, registered voters of the Town of Lexington, with our names and addresses as they M11 Petition for sown Meet- ing on Apartment house. appear on the list of registered voters, hereby request that the questions involved in the following vote; Article 8, VOTED; That the Lexington Zoning By- law and Map be amended by inserting in Section 3 (b), after R.2 Districts, 10, - the words R-3 Districts. 1. Northeasterly by land of the Colonial Garage, Inc., 160 feet, northwesterly by land now or late of.: Hutchinson and by land now or late of McKay, 267 feet.;, southwesterly by Vine Brook,Road, 160 feet, southeasterly by land of the 16617onial Garage, Inc., 265 feet. In favor 66 Opposed - 81* had in town meeting, July 1st, 1940, under Article 8. in the Town Warrant for such meeting, and the question in- volved in such vote be submitted to the voters of the Town of Lexington at large, and'-,. to do every act incidental and necessary in accordance with such Chapter and this petition. Above petition signed by 339 persons. Mr. Wrightington looked at it and said he believed it was in the proper form and having been filed with the Board within five days of the July lst, Town Meeting, the operation of the vote on Monday relative to the apartment house is suspended. The Clerk of the Board of Registrars of Voters certi- fied that 252 of the names were in proper form and there- for pursuant to Chapter 215 of the Acts of 19290 it be- came obligatory on the part of the Board of Selectmen to call a special meeting for the purpose of presenting to the voters at large the question involved. Mr. Viano appeared before the Board and said that he would prefer to have the meeting on July 29th and said that hours of 2 to 8;00 P.M. would be all right. It was decided that the Selectmen would meet on Monday, July 15th to sign the warrant for the meeting. Messrs. Paxton and Cosgrove gppeared before the Board at 9;12 P.M. Letter was received from Harold P. Johnson, attorney for John Morrow, Jr., offering to settle his case against the town because of alleged damages caused'b the taking in connection with the Vine Brook Project, for 2140.06. 1 1 rpM Mr. Raymond said that no award was made to Morrow. The actual area of land on which the town took the ease- Morrow ment was 67,500 square feet and was assessed at $466. a claim hundred. The water bills beginning with the third quarter of 1939 and ending with the second quarter of 1940 totaled $574.95. His average water bills for tY_e five years previous were $134.89 per year. The price of $1700. for land damages was previously discussed, and to this amount was added the difference in his water bills from the time.he had to use town water exclusively. Mr. Raymond said Morrow was unable to use his water from the brook during the last two quarters of 1939 and the first two quarters of 1940. The Chairman asked Mr. Raymond if he believed the Town should settle for $2140.06, and he replied in the negative. He said he could not believe that thewater was damaged (for farm purposes) because of the lowering of the level. He said he believed the land was improve d because of the Vine Brook construction. He said Morrow's land near East Street comprising approximately one-half acre was now good tillable land and it was not before because it was too wet. He said that the $1700. figure was what Mr. Johnson thought the damages amounted to, whereas Mr. Raymond thought that $1200, would be a fair settlement ' including the bills for water. Mr. Rowse asked why.there were no estimated damages on this piece of land, and Mr. Raymond said that there were too many properties involved so it was simpler to assess no betterments and award no damages. Mr. Rowse moved that Mr. Wrightington be authorized to offer Mr. Morrow, through his attorney, $1000. in settle- ment of his claim against the Town, with the understanding that Morrow is to pay his water bills in full from this sume Mr. Locke seconded the motion and it was so voted. Messrs. Cosgrove, Raymond and Wrightington retired at 9:45 P.M, Mr. Paxton said he talked with Miss Hannaford relative to her request that a street light be installed on Middleby Road. He said that some time previously, street lights Street were authorized on this street. After talking with her, he found it was a pedestrian light that she wanted and he recommended that a street light be installed. Mr. Potter moved that an article be inserted in the warrant for the installation of a street light on Middleby Road. Mr. Rowse seconded the motion and it was so voted. Letter was received from Edward J. Lennon requesting the ' installation of a street light near his residence at -49 262 r� c Marrett Street. Mr. Paxton recommended that an additional Street light be installed just beyond the Lennon house. Mr. light. Potter moved that a light be installed on pole 174/15. Mr. Locke seconded the motion and it was so voted. Mr. Paxton said he contacted Mr. Keane of the State Dept. of Public Works and went over the Chapter 90 work ' Mr. Paxton said that last fall he checked up on diff- erent makes of sand spreaders and he liked Good Roads spreader. However, he now knows of a second-hand spreader which was used by the Town of Andover for six months and was returned to the Dyar Sales and Machinery Co., that they Sand will sell for $100. Mr. Paxton looked it over with Frank spreader Barry, who felt that it could be fixed up for about $65. He recommended that the equipment be purchased. Mr. Potter moved that Mr. Paxton be authorized to buy the second-hand sand spreader. Mr. Locke seconded the motion and it was so voted. Mr. Paxton said that the Arlington Gas Light Co., had requested permission to install a gas main in Locust Ave., for a distance of 94 feet and in Follen Road for a distance Gas main of 500 feet, and also requested that a strip be reserved in Follen Road from Marrett Road to Lexington Ave., for future installations. Mr. Paxton recommended that permission be granted to do this work. Mr. Potter moved that Mr. Paxton's recommendation be approved. Mr. Locke seconded the motion ' and it was so voted. Mr. Paxton said that a Mr. McDonald of Liberty Road complained about the condition of the street and the con- dition of Hamilton Road, caused by the drain installed in Street the vicinity. These are both unaccepted streets, but Mr. repairs Paxton felt that the Town should do something because of the way in which the streets were left. Mr. Potter moved that Mr. Paxton be given authority to do some scraping work in these streets. Mr. Rowse seconded the motion and it was so voted. The Chairman read a letter from George A. McLaughlin requesting the laying out and acceptance of Oakland, More- land and Rockville Avenues and Swan Lane, Mr. Paxton suggested that the engineers be instructed to make a Layout layout aifd estimate of the cost of the construction of these of streets streets, including betterment assessments, and that the latter be presented to Mr. McLaughlin so that he might obtain signatures on them. Mr. Rowse moved that Mr. Paxton's recommendation be approved. �r. Sarano seconded the motion and it was so noted. Mr. Paxton said he contacted Mr. Keane of the State Dept. of Public Works and went over the Chapter 90 work ' ' for 1941 and 1942 with him, Mr. Paxton suggested a town appropriation of $7000. for the construction of Spring Street in 1941 and a Town Appropriation of $1500. for Chapter 90 maintenance. He said he wanted to ask for specific repairs on Grove Street. Mr. Rowse moved that Mr. Paxton be authorized to submit these two streets. Mr. Locke seconded the motion and it was so voted. He said in 1942 he felt that Walnut Street would be the best adapted for Chapter 90 construction, and the town's contribution would amount to 010,000. He recommended $1,000. for Chapter 90 maintenance. Mr. Sarano moved that Mr. Paxt@n's recommendations be approved. Mr. Rowse seconded the motion and it was -so voted. Mr. Paxton said he had a request from R.H. Stevens for permission to rent the grader and roller to be used'on - the constrftetion of Lexington Ave. and Richard Road. Mr. Paxton said that if it was done, he felt the Town should Rental of get the regular price and that town operators should be equipment used. Mr. Potter moved that the request be approved with the understanding that town operators shall be used on the equipment. Mr, Sarano seconded the motion and it was so voted.. ' Mr. Paxton said he talked with a Mr, Cohen, who has recently purchased a 7gouse on Follen Road and with a Mr. Larson, who is building three houses on the street. Both Follen men have given the town permission to grade on their prop- Road. erty, Mr. Paxton suggested that the gas shovel be sent down there during rainy weather and that the hank be excavated from Richard Road to Lexington Ave. He said it probably would be necessary to loam the shoulders and slope and seed down the lawn in front of the two lots that have been graded, loamed and seeded. He said he would charge the labor for operating the truck to Highway Maintenance, also the shovel operator's time. He said he thought he could sell the excavated fill to Mir. Caouette to be used in filling in some of the lots further down the street. He would sellit at twenty cents a load and asked the Board's permission to do so. He said the only place he could think of where it could be used.b-r the Town would be on the play- ground, but that is rather a long haul and it would cost too much money to take it there considering that he is using maintenance money. Mr. Rowse moved that Mr. Paxton be given permission to sell the fill to Mr. Caouette, Mr, Locke seconded the motion and it was so voted. Mr. Potter moved that Mr. Paxton be authorized to use whatever fill he has to fill up the cellar hole at the 264 c� Adams Adams School after Mr Harrington has finished his work ' School there. Mr. Sarano seconded the motion and it was so voted Mr. Paxton said that after the still was found on the Chapman property on Maple Street, Mr. Ross checked up on the water supply and found that someone had out into the service line before it got to the meter. He built Chapman a pit meter in the street and immediately sent Chapman water. a bill for $20. payable within thirty days. The bill is payable tomorrow and Mr. Rosswanted permission to shut off the water if it was not paid. Mr. Rowse- moved that he be authorized to discontinue the water service after tomorrow if the bill of 420. is not paid. Mr. Locke seconded the motion and it was so voted. Mr. Paxton requested permission to sell the hay at the Hay at Town farm to Clarence Dalrymple for the sum of $5.00. Mr, town farm Sarano moved that Mr. Paxton be allowed to do this. Mr. Locke seconded the motion and it was so voted. Mr. Paxton said that he talked with Mr. Williams of the State Dept. of Public Works about the stop sign at the corner of Hancock and Adams Street. Mr. Williams said that the State would not approve that sign. They approved Traffic stop signs only if they were at blind intersections. He ' thought the problem was a speed problem at that location. He did look at the triangle and was impressed with the possibility of using it to make both sides one'way. He requested that a plan of it be sent to him for study. Mr. Paxton said he was going to make a similar plan of the inter- section of Mass. Ave. and Bedford Street and send it in also. Mr. Paxton said that in prepairing his budgets for 1940, he had, items in there for the reconstruction of Reed Street, Percy Road and Oakland Street. He said he thought Highway the possibility of getting any real work done on these work streets next year was remote. He recommended that a hon- ing treatment be given these streets. Mr. Rowse moved that the recommendation be approved. Mr. Sarano seconded the motion and it was so voted. At 10:15 P.M. Messrs. Raymond, Wrightington and Cosgrove appeared and discussed the proposed -construction and materials specifications for streets, sewers, drains, water mains and services. Mr. Paxton said that they had decided to rave type "A" and "B" surfices. For Board of Survey layoutthey will obtain an agreement obligating 1 C1L 1 the petitioner to put in type "B" surfaces and when the streets are accepted, type 'A" pavement will be installed. Mr. Potter moved that these specifications, dated July S. 1940, be adopted. Mr. Locke seconded the motion and it was so voted. Upon motion of Mr. Potter, seconded by Mr. Locke, it was voted that the Grant Street and Hayes Lane easement Easement be signed as follows: ORDER OF TAKING BY THE TOWN OF LEXINGTON OF AN EASEMENT UNDER THE ACTS OF 1926, CHAPTER 263 WHEREAS by Chapter 263 of the Acts of the year 1926, entitled "An Act Relative to improving the Surface and Ground Drainage in'the Town of Lexington and in Adjoining Towns", said Town was authorized, among other things, by the con- struction of drains'or otherwise to divert any surface or ground water into any brook, stream, pipe, conduit or channel; and for the purposes aforesaid purchase or take, in fee simple or otherwise, land or any right or easement in land including any brook, pond or water course or any part thereof; and ' WHEREAS the said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS Archibald R. Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke, and George W. Sarano, citizens and residents of the 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 Act above referred to; and WHEREAS the Town Meeting of Lexington on the 8th day of August, 1938, voted: That the Selectmen be authorized in the name of and on behalf of the Town to acquire by purchase or eminent domain for surface and sanitary drainage purposes any or all of the land on both sides of Vine Brook as follows: (a) on the relocated Forth and South Branches of Vine Brook from Marrett Road to Vine Brook Road for an aggregate width not exceeding; one hundred and fifty feet (150ft.); (b) from the easterly side of Waltham Street to the loca- tion described under (a) of this vote for an aggregate width not exceeding sixty feet; (c) from Vine Brook to Massachusetts Avenue for an aggregate width not exceeding fifty feet; (d) from the land of the Town on which stands the Town Office Building to Hayes Lane for an aggregate width of twenty-five 266 o� feet; (e) from Hayes Lane to East St. for an aggregate ' width not exceeding one hundred fifty feet; (f) from East Street to North Street for an aggregate width not exceeding fifty feet; (g) temporary leasehold interest in adjoining land for use during construction and to deepen, widen, straighten, and relocate the parts of the channel of the said Vine Brook and its North and South Branches within the said takings, to change its location from its present channel, to construct closed conduits in place of open channels and to change the direction, volume and rapidity of the flow of the said Brook and its said Branches, and of any surface or underground water flowing into it, and to construct drainage improvements in and adjacent to Vine Brook extending from Winthrop Road Exten- sion so-called on the South Branch to North Street, includ- ing the construction of a conduit in place of an open channel from the junction of the North and South Branches to Hayes Lane, substantially as recommended by the Vine Brook Drain- age Committee in a report received by the Town, %eptember 27, 1937s and that the Selectmen be authorized to do such work as may be required to restore and maintain or supplement existing private water supplies now in use (exclusive of operating expenses) which may become diminished or im- paired as a result of the construction of the proposed Vine Brook Channel; to grant rights of way and to lay out such streets and ways across the lands to be acquired under ' this vote as may be deemed advisable, and for the purpose of meeting the cost of such construction the sum of $2732000. ` be appropriated, of which $29,600, shall be for land f acquired. WHEREAS the Selectmen have determined the location of an easement required for the purpose of constructing and maintaining a drain with its appurtenances in lands of Joseph Grace as follows: Beginning at a point in the southeasterly line of Grant Street, said point being 15 feet easterly of intersection of lots 14 and 13, thence easterly distant 90 feet to a point, thence bearing southerly distant 88 feet to a point on Hayes Lane, over the center line of the present 60 inch drain, for a width 5 feet each side of above described lines, all as shown on a plan entitled, "Plan and Profile of Proposed Drain in Grant St. and Hayes Lane, Lexington, Massachusetts, July 12, 1939, Scales Horz. 1. in. . 40ft., Vert. 1 in. = 4 ft., John T. Cosgrove, Town Engineer," and WHEREAS the easement and rights hereinafter taken are necessary for the said purposes; NOW, 'THEREFORE, the said Board of Selectmen acting ' ' for and on behalf of the said Town under the authority of the said Chapter 263 of the Acts of 1926 and of every other power them thereto enabling, do hereby take an ease- ment for drainage in the location above described and shown on said plan, including the right on the part of the said Town or its duly authorized agents from time to time to enter upon, dig up, open„ excavate, install pipes, catch basins and manholes and inspect and repair the same and make connections thereto and including the right to con- vey such surface and underground water through said drain and appurtenances as may flow through said drain through any connections now or hereafter to be made thereto. The said Town being always bound to clear the 'grounds, of all surplus materials and leave the surface in as smooth and good condition as at the time of entry. We determine that no damages have been sustained and none are awarded. C L TO HAVE AND TO HOLD the said easement and rights to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever. IN WITNESS WHEREOF the said Board of Selectmen have hereunto subscribed their names this 8th day of July, 1940. Archibald R, Giroux William G. Potter Errol H. Locke A. Edward Rowse George W. Sarano CO!,IXONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, 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 Town of Lexington, before me, Wm. S. Scamman Notary Public. Letter was received from Robert C. Lee requesting that he be allowed to place the insurance on the ambulance Letter was also received from Mrs. John G. Fitzgerald 0 1940. Insurance 268 requesting the same privilege. The Clerk was instructed ' to send a copy of each letter to Mr. Paxton and request him to report on the matter at the next meeting. Letter was received from the Chamber of Commerce re- questing the Selectmen to ask the Mass. Dept. of Public Traffic Works to make a traffic survey of the town. Mr. Rowse study moved that the State Dept, of Public Works be requested to make this traffic study in accordance with the request of the Chamber of Commerce. Mr. Sarano seconded the motion and it was so voted. Letter was received from Miss Julia McCaffrey stating Pipe that she would be willing to allow the water pipe in her McCaffrey lot to remain there until after Labor Day. The Clerk land, was requested to tell Miss McCaffrey that the Board appreciated her cooperation in the matter. Mr. Paxton retired at 10:45 P.M. Mr. Morse appeared before the Board relative to Welfare matters and retired at 11:16 P.M. Letter was received from the Boston Safe Depolit and Trust Co. advising that the Town had been bequeathed 05000. ' Bequest under the will of Leroy S. Brown. The income from this money is to be used toward defraying the expense of the April 19th celebration. Letter was received from Seiler's 1775 House complain- ing that the DeVincents had been spreading fertilizer Complaint on their land and that the odor was extremely objectionable. Mr. Potter said that the condition has been bad but that he would be willing to speak to the DeVincents and request them to spread the fertilizer previous to April 1st, each year, so that the restaurant would not be bothered further. Letter was received from the Stanley Kill Post, A.L., stating that it was impossible to hold a track meet on Track Meet July 4th and requesting that permission be granted to hold it on July 13th, Mr. Garrity approved. Mr. Rowse moved that the permit be granted. Mr. Locke seconded the motion and it was so voted. Letter was receivedrom the Appropriation Committee advising that the sum of 4156, had been transferred from Assessor's the Reserve Fund for the Assessors Dept., Personal Services clerk Account. 7 269 The Chairman said that there were two bills, one in the sum of $6.00 and the other in the sum of $7.01 re- Platform presenting the cost of building a platform for the Modera- tor. He asked what these bills should be charged to, Mr. Potter moved that the expense be charged to the Unclassified Account. Mr. Sarano seconded the motion and it was so voted. Letter was receited from the Lexington Choral Society requesting permission to use Estabrook Hall every Wednes- day night from Sept. to May, exclusive of the Christmas Use of holidays. Mr. Potter moved that the use of the hall be Hall. given free of charge but that the group be advised that in view of the town's needs, i t might be necessary sometimes to change the uses. Mr. Rowse seconded the motion and it was so voted. The Town. Counsel's bill in the amount of X451.50 for his services and expenses in connection with the Federal Counsel's Farm Mortgage case was received. Mr. Rowse moved that bills thebill be approved and charged to the Vine Brook Drain- age account. Mr. Sarano seconded the motion and it was so voted. Letter was received from the Chamber of Commerce re- questing permission to place a sign 42" x 29" at the Barnes Sign property. The Board felt that this was too large a sign, however. Mr. Potter moved that the Chamber of Commerce be advised that the Board would not object to a sign 21 x 0'. Request for certification of character•pf Frank R. Shepard and others, incorporators of the Old Charlestown Cert. of Schoolboys' Association, was received.from the Secretary Character of State. Mr. Potter moved that the certification be signed. Mr. Sarano seconded the motion and it was so voted. Letter was received from the Electric Sewer Clean- ing Co. in response to the Board's request for their list of prices.. Mr. Rodehheiser, who operates the company, Cesspools said that his price for emptying and disposing of the con- tents of the average cesspool was $10.00. The Board felt that it would be poor business to grant Mr. Rodenheiser a permit to do cesspool cleaning work in Lexington inas- much as Peter Canessa is the authorized agent of the Town to do this work and the Town pays for his equipment. They felt it would be competing against the town. Mr. Potter moved that no action be taken on the matter. Mr. Sarano seconded the motion and it was so voted. 1 270 "4 Letter was received from the Appropriation Committee advising that that body had voted to transfer the sum of Transfer $30, from the Reserve Fund for out-of-state travel for the Sealer of Weights and Measures. The Chairman reminded the Board that Mr. Raymond's appointment expired on July 31st, Mr. Potter moved that Mr. Raymond's appointment be continued until December 31$ 1940 at the rate of $100. per month. Mr. Rowse seconded the motion and it was so voted. Mr. Potter mored that Mr. Raymond be appointed a special police officer to serve until December 31, 1940. Mr. Rowse seconded the motion and it was so voted. Application for the admission of A1eta Gendron, an Application employee of the Met. State Hospital, to the Middlesex Co. for Mid. Sanatorium, was received. Both Mrs. Gendron and her hus- Co. San. band have been working at the Met. State Hospital for several years and. -have a Lexington settlement. Mr. Potter moved that the application be approved and signed. Mr. Locke seconded the motion and it was so voted. 1 Request was received from the Outlook Club for per - Use of hall mission to use Cary Hall all day November 12th for a scholarship bridge. Mr. Potter moved that the use of the hall be granted on that day free of charge. Mr. Locke seconded the motion and it was so voted. The matter of borrowing the remaining $35,000. for the W.P.A. sewer in North Lexington was discussed. Mr. Sewer loan Potter moved that the Town Treasurer be requested to take bids on a loan in the amount of 35,000. bids to be re- ceived at 7:30 P.M. July 22, and payable 44000, each year from 1941 to 1945 and $3,000 each year from 1946 to 1950. Mr. Locke seconded the motion and it was so voted. Letter was received from the Town Counsel relative to bills of physicians attending persons receiving Old Age Assistance and Aid to Dependent Children. Mr. Wrighting- Physicians ton said he could find nothing in the Statutes which authori- bills - 0, zed the recipients of such aid to select their own A.A. & A.D. physicians and charge the bills to the Town. One of the C. rules of the State Dept. of Public Welfare is that the services of a physician requested by the aged persons is recommended subject to the approval of the local Bureau of Old Age Assistance. The rule is merely a recommendation and is not mandatory. Mr. Wrightington said he saw no reason why the Board should change its practice with respect 1 ' to treatment of these patients by said he thought Dr. Walsh was in which he based his argument. No taken on the matter. C 271 the Town Physician. He error as to the laws on further action was Commitment of water house connections in the amount of $35.71 was signed by the Board. Commitment The Chairman read the following letter which the attorney for Albert P. Rounds drew up and which Mr. Wrightington approved. July 5, 1940. Board of Selectmen Town Office Building Lexington, Mass. Gentlemen: Re: Contract P.W.A. Docket No, Mass. 1464 - F. As the result of a conference between your Town Counsel and my attorney, I hereby agree to sign a final estimate changed from the one last submitted, .so that the item of liquidated damages reads $1,000. instead of $1,550. and the total amount due inaragraph (g) on the back of the final estimate shall be §2,231.45 in place of $1681.45. If this change, which would be coupled with a grant by the owner of an extension of time amounting to 22 days for strikes and labor troubles, shall have been approved by the Federal Government and shall have made no difficulty for the Town in connection with its grant, I shall accept the amount shown by this changed final estimate and give to the Town, its officers and agents, a release of all claims and demands of every nature. If the Federal Govern- ment shall refuse to approve this extension of time and the change of 0550, above described, I shall sign the final estimate which has heretofore been submitted, without change, and give to the Town, its officers and agents, a release of all claims and demands, in return, for payment to me by the Town: of the amount of the said unchanged final estimate and of the sum of 55% of $550. Very truly yours, Mr. Wrightington asked if the Board would accept such a proposition. Mr. Raymond said that the cost to the Town would be about $350. and the extra charge -to the Town for engineering services from Metcalf & Eddy amount to $1550. 272 Mr. Potter moved that Mr, wrightington try to make ' further compromise and that the Board approve'any pro- position he is able to ';et Rounds to agree to, and if he cannot make any compromise that he be given authority to go ahead on the basis as outlined in the i;etter. Mr. Locke seconded the motion and it was so voted. Mr. Rowse voted in opposition. The following order for the construction of a sewer in Carville Avenue was signed by the Board. 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 votes "Voted: That the sum of $85,000. be appropriated for the con struction 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" = 401 - Ver. 1 41 Dec. 1939, John T. Cosgrove, Town Engineer"; "Lexington, Mass. Liberty Heights Sewerage System, Scales Hor. 1" 40 ' - Ver. 1" = 41 Dec. 1939, Hohn 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 app- voal 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." 273 Archibald R. Giroux William G. Potter Selectmen Errol H, Locke A. Edward Rowse of George W. Sarano Lexington. COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Lexington, Mass. Then personally appeared the above named Archibald R. Giroux, William G. Potter, Errol H. Locke, A. Edward Rowse 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, William S. Scamman Notary Public 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 and in addition thereto, and of votes of the Town of Lexington pursuant thereto, that a sewer be constructed in Carville Avenue, from Oak Street southwesterly to Butler Avenue, distant approximately 875 feet, substant- ially 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 ddvantage other than the general advantage to the comm- unity from such improvement is described as follows: That portion of those properties on -each side 6f Carville-Avenue from Oak Street southwesterly to Butler Avenue distant approximately 875 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 eighth day of July, 1940. Archibald R. Giroux William G. Potter Selectmen Errol H, Locke A. Edward Rowse of George W. Sarano Lexington. COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Lexington, Mass. Then personally appeared the above named Archibald R. Giroux, William G. Potter, Errol H. Locke, A. Edward Rowse 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, William S. Scamman Notary Public 274 SCHEDULE OF ESTIMATED BETTEMIE NTS REFERRED TO IN THE FOREGOING ORDER Carville Ave, (From Oak Street southwesterly to Butler Ave. distant approximately 875 ft.) Owner as of Jan. 1st, 1940 Lot No. Assessment Joseph VJ. Gilli 580-582 $73.00 Central Coop. Bank of Som- erville 575-579 137.00 Robert J. & Hulda E. Johnson 572-574 87,00 Clarence E. MacPhee 569-571 90.00 Golder & Amy G. 'Mare Pt. 564s565- 568 143,00 Jennie M. Crooks 561-563 Pt, 564 122,00 Jennie M. Crooks 553-560 279.00 Town of Lexington 443-445 105,00 Lester Power 474-476 105.00 Marion P. Sanders 477-478 70.00 Ernst T. & Josephine Berglund t by e 508-510 105,00 Donald & Janet L.'Cameron J. tns. 511-513 116,00 The meeting adjourned at 11:45 P.M. A true record, Attest; 1