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HomeMy WebLinkAbout1940-09-16M M_ SELECTMEN'S MEETING Sept. 16, 1940. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Messrs, Potter, Locke, Sarano and Rowse were pre- sent. The Clerk was also present. Upon motion of Mr. Locke, seconded by Mr. Rowseq Mr. Potter was elected to serve as Chairman Pro•tem in the absence of Mr. Giroux. At 7:30 P.M. hearing was declared open on the appli- cation of Cheater Lidberg for permission to increase the capacity of underground tank for the storage of gasoline Lidberg from one hundred to five hundred gallons, on the premises hearing located at 92 Adams Street, Lexington, Mr. Lidberg appeared at the hearing and requested that the petition be granted. Mr. Rowse moved that the permit be granted. Mr. Sarano seconded the motion and it was so voted. At 7:35 P.M. Mr. Paxton and Mr. Raymond appeared before the Board. ' Mr. Raymond reviewed the Morrow case inasmuch as Mr. Locke was absent last week. Mr. Locke said that he was willing to go along on the settlement of $1600. Mr. Rowse moved that Mr. John Morro► be awarded $1600. in abttle- ment of all his claims against the Town including the claim for excess water used in 1939. Mr. Sarano seconded the motion and it was so voted. The Board then discussed the Kenrick case. Mr. Rowse moved that a payment of $100. he made to Mr. Oscar E. Ken- rick and that the present dam be raised two feet and that releases be obtained from Mr. Kenrick for.all of his claims against the town. Mr. Sarano seconded the motion and it was so voted. The Board also instructed Mr. Ray- mond to get releases from Mr. Burnham and Mr. Fiske, Mr. Raymond said that two weeks ago, the Board asked him to talk to Mr. Wrightington to see if there was any liability on the part of the town because of the condition of the Pichette lots. Mr. Wrightington said that the Town was liable. We had permission to use the lots for wonstruction purposes during the Vine Brook work. In the' permit, there was a statement that said that the ground was to be properly graded, seeded and loaned Morrow claim Kenrick Claim 316; c to as good as its original condition after the Town was ' through. We piled a lot of stone and debris on the lots and raised the grade, the contractor paid Pichette $175* rather than remove the stones. It would cost perhaps $1,000, to loam the lots. Pichette claims he has lost two customers because of the condition of the land. Mr. Raymond said that there was a flooding condition that Mr. Pichette also wanted to have fixed up. The Board requested him to decide how to take care of the flooding situation and to report at the next meeting of the Board. Mr. Raymond said that Mr. Wrightington talked with Mr. Bidwell on the Porter claim, and he said that they Porter were willing to stttle for $1500. We have not yet re• claim ceived a report from Mr. McIntosh on his estimate of the damages, so we are unable to make an offer of settlement yet. The Clerk said that Mr. Bidwell had requested that the Viano case be postponed, as he was unable to try it because of poor health. Mr. Raymond said that it depended on how long the case was postponed, as to whether or not it would make -any difference on our grant. Mr. Rowse Viano claim moved that Mr. Wrightington be instructed to request that the case be postponed two weeks in order to accomodate Mr. Bidwell. Mr. Sarano seconded the motion and it was ' so voted. A tax bill in the amount of 022.70 was received Tax bill for from the Town of Burlington. This is a real estate tax Ham land for the Ham land which the Town took in connection with the Vine Brook project. The Clerk was instructed to ask the Town Counsel what he thought the bill should be charged to. Mr. Paxton said that Mr. Cosgrove checked up with most of the remaining abutters on Hancock Street, and he now had seven signatures out of sixteen possible ones. The HOLC will probably sign, .and that would mean that Mancook St. 50% had signed. Maria A. & Marguerita M. Robbins would sewer. like the privilege of deferred assessment, as they sag that they are unable to pay the assessment at the present time. Mr. Sarano moved that the assessment be deferred on a twenty year basis. Mr. Locke seconded the motion and It was so voted. Upon motion of Mr. Sarano, seconded by Mr. Locke, it Orders was voted to sign the following orderst Hancock Street signed sewer order, Coolidge Avenue sewer order, Chase and Baker Ave, sewer orders, Order for Winthrop Road culvert. 1 u C Richard Road, Sherburne Road, and Blake Road water orders, and Lexington Avenue water order. There were also Land Court orders for Hancock Street and Coolidge Avenue sewers. Middlesex, as. COMMONWEALTH OF MASSACHUSETTS 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 voter "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 Lawa, Chapter 40, section 5.. Clause 39; the said construc- tion to be under the authority of Statute 18197, Chapter 504, as amended, acid subject to the assessment of better- Hancock ments as provided in Statute 1939, Chapters 91 and 446; Street the said sewers to be constructed in some or all of the sewer* areas shown on the following plans on file in the office of the 'down 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 Vert. 1" _ 41 Dec. 1939 John T. Cosgrove, Town Engineer"; "Lexington, Mass. Libert� Heights Sewerage System, Scales Hor 1p - 401 Vert. Z 4' Dec. 1939 John T. Cosgrove, 'sown 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 Statue 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.„ Voted: By the Selectmen, acting as a Board of Water and Sewer Commissioners under the authori*y conferred by 318 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 Hancock Street, from Coolidge Avenue northwesterly to Na. Hancock Street distant approximately 1530 feet, substan. tially in accordance with a plan made by John T. Cosgrove, Town Engineer, dated April 25, 1940 and entitled, " jtlan of Proposed Sewer in Hancock Street, Lexington, Mass, April 25, 1940, scale 1 in. = 40 ft. John te Cosgrove, Town Engineer". Betterments will be assessed for this improvement in accordance with the provisions of Chapters 91 and 446 of the Acts of 1939. The area which it is expected will receive benefit or advantage other than the general advantage to the con Mitg from such improvement is described as follower That portion of those properties on each side. of Hancock Street from Coolidge Avenue northwesterly to North Hancook Street distant approximately 1530 feet. The said area comprises the several lots shown Apon 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 3rd, day of September, 1940, Archibald R. Giroux William G. Potter A. Edward Rowse George W. Sarano Errol H. Locke COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. September 3, 1940. Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke and Geroge W. Sarano and severally acknowledge 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 met James J. Carroll Notary Public - Mar. 14, 1945. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER HANCOCK STREET (From Coolidge Avenue northwesterly to North Hancock Street distant approximately 1530 feet) i Owner as of Jan* 18t. 1940 Lot No. Assossment Federal Farm Mortgage Corp. $161.00 The Lexington, Mass, Botanic Garden, Inc. of Lexington 556.00 ' Ralph Prain 128.00 Charles I & Mabel T. Gragg 296.00 Leslie A. Bull 279.00 Howard L. Kelley 5 66.00 Genevieve E. Chase 4 68.00 Robert H. & Caroline L.., Murray 3 68000 Jessie C. Coroo 10 2 154.00 Louis W. & Eleanor Mae Bills 129.00 Heirs of Benjamin Gibbs 354.00 Heirs of Benjamin Gibbs 290.00 Marie A. & Marguerite L. Robbins 433.00 Lexington Trust Co. 69.00 Clarence E. Jr. & Edith B. Nichols, t by a 68.00 320 Coolidge Ave. sewer Owner as of Jan. 1sts 1940 Irving R. Dix, Trustee Frederick H. & Lillian 8, Tullar, tbya Middlesex, an. Lo„ t No. 120 Assessment COMMONWEALTH OF MASSACHUSETTS WHEREAS, the Town of called and held on March Article 20 of the Warrant $63.00 62,00 Town of Lexington Lexington at a Town Meeting duly 25th, 1940, duly adopted under the following vote: "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 construc- tion to be under the authority of Statute 1897, Chapter 804, as amended, and subject to the assessment of betterments as provided in Statute 1939, Chapters9l 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" s 40+ Ver. 1" = 41 Dec. 1939 John T. Cosgrove, Town Engineer"; "Lexington, Mass. Liberty Heights Sewerage System, Scales Hor. 10,n 40t Vert. 1" n 4t 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.,OOOP and to issue notes of the Town therefore payable in not more than ten years." Votedt By the Selectmen, acting as a Board of Water and Sewer Commissioners under the authority conferred by 1 1 1 ' 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 Coolidge Avenue, from Adams Street northwesterly distant approximately 550 feet, substantially in accordance with a plan made by John T. Cosgrove, Town Engineer, dated April 25, 1940, and entitled, "Plan of Proposed Sewer in Coolidge Avenue Lexington, Mass, April 25, 1940 Scale 1 in. a 40 ft. John T. Cosgrove, Town Engineer". Betterments will be assessed for this improvement' in accordance with the provisions of Chapters 91 .and 446 of the Acts of 1939. The area which it is expected will receive benefit or advantage other than the general advantage to the comm- unity from such improvement is described as follows; That portion of those properties on each side of Coolidge Ave. from Adams Street northwesterly distant approximately 550 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 3rd, day of September, 1940. Archibald R. Giroux William G. Potter Sed.ectmen A. Edward Rowse George W. Sarano of Carol H. Locke Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Eexington, Mass. September 3, 1940. Then personally appeared the above named Archibald R. Giroux, William u. 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 1 a, 322 Coolidge Ave. Land Court the Board of Water and Suer Commissioners in the Town of Lexington, before me, James J. Carroll Notary M511c Mar. 14, 1945, SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER COOLIDGE AVENUE Middlesex, as. COMMONWEALTH OF MASSACHUSETTS 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 gotet ^Voteds 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 General Laws, Chapter 44, section 5, clause 39; the said construction to be under the authority of Statute 1897, Chapter 504, as amended, and subject to the assess- ment 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; 1` 1 1 (From Adams Street northwesterly distant approximately 550 feet) Owner as of Jan. 1st, 1940 Lot No, Assessment Floyd L. Palmer 1 098,00 Arlington Five Cents Savings bank 12 153,00 Bertha H. Horton 13 115.00 Walter W, Rowse 14 199.00 Ruth M, Rowse 227,00 Sarah E. Goodwin 11 108.00 Clarence H, & Hilda A. Tinkham, t by a 10 99.00 Matthew Wilson 6 137.00 Floyd L, Palmer Pt12 28,00 Middlesex, as. COMMONWEALTH OF MASSACHUSETTS 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 gotet ^Voteds 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 General Laws, Chapter 44, section 5, clause 39; the said construction to be under the authority of Statute 1897, Chapter 504, as amended, and subject to the assess- ment 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; 1` 1 1 ma ' "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 Vet. 1" a 0 Dec. 1939 John T. Cosgrove, Town Engineer"; "Lexington, Mass. LibertZ Heights Sewerage System Scales Hor. 1" - 40+ Vert. 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 085,000, and to issue notes of the Town therefore payable in not more than ten years." Voted: By the Selectmen, acting as a Board of Water and Sewer Commissioners under the authority conferred by Statute 1897, Chapter 504 and Acts in amendment thereof and in addition thereto, and of votes of the Town of ' Lexington pursuant thereto, that a sever be constructed in Coolidge Avenue, from Adams Street northwesterly distant approximately 550 feet, substantially in accord- ance with a plan made by John T. Cosgrove, Town Engineer, dated April 25, 1940, and entitled, "Plan of Proposed sewer in Coolidge Avenue Lexington, Mass, April 25, 1940 Scale 1 in. - 40 ft. John T. Cosgrove, Town Engineer". Betterments will be assessed for this improvement in accordance with the provisions of Chapter- 91 and 446 of the Acts of 1939, The area which it is expected will receive benefit or advantage other than the general advantage to the comm- unity from such improvement is described as followst The same being land of Floyd L, Palmer, Registered Land Certificate No. 39712. 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. 324 C� C Witness our hands at Lexington aforesaid this ' third day of September, A.D. 1940, Archibald R. Giroux William G. Potter Selectmen A. Edward Rowse of George W. Sarano Lexington Errol H. Locke COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Lexington, Mass. Sept. 30 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 not and deed and the free act and deed of the Board of Water and Sewer Commissioners in the Town of Lexington, before me, James J. Carroll Notary Publ10 Mar. 14, 1945. ' SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER COOLIDGE AVENUE (From Adams Street northwesterly distant approximately 550 feet)' Owner as of Jan. lot. 1940 Lot No. Assessment Floyd L. Palmer, Reg -Land Cert, Number 39712 1 $98.00 Floyd L. Palmer, Reg. Land Cert. Number 39712 Pt.2 28.00 COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Town of Lexington WHEREAS, the Town of Lexington at a Town Meeting duly. I ' Owner as of Jan. lst, 1940 Certf. No, Ralph'D. Prain 242429 Charles I. & Mabel T. Gragg 363,319 Marie A. & Maguerita L. Robbins 3,961 1 1 Assessment $128.00 296.00 ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED BAITER AVENUE (From Butler Avenue southwesterly approximately 124 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 herein- after 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 ty purchase or otherwise any lands, rights of way and ease- ments in said Town necessary for the establishment there- in 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 thereof, the then Board of Water 6ommissioners- cif -saldrTown and tbe.;yl 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 Comm- issioners, with the provisions that all the powers and duties of said Board of newer Commissioners should there - Baker Ave. sewer 328 after devolve upon said Board of dilater and Sewer Camra- ' issioners; 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 pro- visions 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 re- quested said Board of hater and Sewer Commissioners (Here- inafter 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, main- tain and operate a sewerage system; and said Board had ' conformably to law and pursuant to said vote, laid out such system and is about to construct the same; and WHEREAS the Town had on the 25th day of March 1944 "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, blause 39; the said con- struction to be under the authority of Statute 1897, Chapter 5049 as amended, and subject to the assessment of better- ments as provided in Statute 19390 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. lt' 401 Vert. 1" = 4t Dec. 1939, John T. Cosgrove, Town Engineer"s "Lexington, Mass. LibertZ Heights Sewerage System, Scales Hor. 1" a 401 Vert. 1 z 4' Dec. 1939 John T. Cosgrove, Town Engineer"; and that the Selectmen be authorized to construct or u LSI F, called and held on March 25th, 1940 duly adopted under Article 20 of the Warrant the following vote: "Voted: That the sum of $85,,000, be appropriated for theconstruction of sanitary sewers with the cooperation of any agency of the United States as provided in General Laws, Chapter 40, sections, clause 39, the said construc- tion 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 Scales Hor. 1" . 40 ' Vert. Cosgrove, Town Engineer"; Lexington Sewerage System - 1" Z 4 ' Dee. 1939 John T. "Lexington, Mass. Liberty Heights Sewerage System, Scales Hor. 1" - 40 t Vert. l" = 4' Dec. 1939 John T. Cosgrove, Town Engineer"; 325 Hancobk St. sewer Land Court* and that the Selectmen be authorized to construct or coo- perate in the construction of any or all of such sewers and to take bar eminent domain any necessary easement there- for; 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". Voted: By the Selectmen, acting as a Board of Nater 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 Lex- ington pursuant thereto, that a sewer be constructed in Hancock Street, from Coolidge Avenue northwesterly to North Hancock Street distant approximately 1530 feet, substantially in accordance with a plan made by John T. Cosgrove, Town Engineer, dated April 250 1940 and entitled, "Plan of Proposed Sewer in Hancock Street, Lexington, Mass, April 25, 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. 326 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 f ollowas The same being land of Ralph D. Prain, Registered Land Certificate No. 24,429; Charles I & Mabel T. Gragg, Registered Land Certificate No. 36,319; Marie A. & Marguerita L. Robbins, Registered Land Certificate No. 3961. The said area comprises the several lots shown upon the plan hereinbefore referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule which is hereto annexed and made a part hereof, Witness our hands at Lexington aforesaid this twenty- third day of September, A.D. 1940, Archibald R. Giroux William G. Potter Selectmen Errol H. Locke of A. Edward Rowse Lexington George W. Sarano COMMONWEALTH OF MASSACHUSETTS ' Middlesex, as. Lexington, Mass. Sept. 23, 1940. The 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 Hater and Sewer Commissioners in the Town of Lexington, before me, James J. Carroll Notary Public Mar, 14, 1945, SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER tkCOCK STREET (From Coolidge Avenue northwesterly to North Hancock Street distant approximately 1530 ft.) IM cooperate in the construction of any or all of such sewers ' and to take by eminent domain any necessary easement there- for; and that under the authority of and as provided in Statute 1939, Chapters 72 and 453 the Town Treasurer, with the approval of the S leetmen, be and hereby is authorized to borrow the sum of 485,000, 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 des- cribed, 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, here- inafter called the "Line of location", vis; Beginning at a point in the center line of Baker Avenue, said point being the intersection of said center line with the southwesterly line of Butler Avenue ex- tended, thence S 290 271 40" W distant about 224 feet to a point. And Whereas the right of way and easement hereinafter ' described and taken are necessary for the establishment of said system of sewerage and sewage disposal and for the purpose of providing better drainage as authorized by said Act; Now then, said Board, acting for and on 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 Baker Avenue for a sewer, including manholes and appurtenances, said sewer to be laid out maintained in the ground in substan- tial 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 smojoth and good condition as at the time'of entry. 330 rxy 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, Chapters 91 and 446. A plan made by John T. Cosgrove, Town Engineer, dated April 18, 1940, entitled "Plan of Proposed Sewers in "Lib. erty Heights" Lexington, Mass, April 18, 1940 Scale 1 in. s 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 followss The same being lands of John F. and Rose Me McKenna, John C. and Katherine A. Hilton,, Catherine Hilton. The said area comprises the several lots shown upon ' the plan hereinbefore referred to, vdzich 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 oven 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 Re Giroux, William G. Potter, A. Edward Rowse, Errol He Locke, and George We Sarano of the Board of Selectmen afore- said, have hereunto subscribed their names this 16th day of September, 1940. Archibald'Re Giroux Bow Errol He Locke William G. Potter of A. Edward Rowse George We Sarano Selectmen COMMONWEALTH OF MASSACHUSETTS ' J 1 1 Middlesex, as. Lexington, Mass. September 16, 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 instrnxment and statement by,them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, James J. Carroll Notary Public Mar. 14, 1945, SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER BAKER AVENUE (From Butler Avenue southwesterly approximately 124 feet.) Owner:_as of Jan. lat. 1940 Lot No,. John F. & Rose M. McKenna Pt. 528, 3189 319 John 4'�. & Katherine A. Hilton D Catherine Hilton COMMONWEALTH OF MASSACHUSETTS Middlesex, as. WHEREAS, the Town of called and held on March Article 20 of the Warrant Assessment $63.00 65.00 65.00 Town of Lexington Lexington at a Town Meeting duly 25th, 1940, duly adopted under the following votes „Voted: That the sum of $85,000. be appropriated for the construction of sanitary sewers with the cooperation of any agency of the United States .as provided in General Laws, Chapter 40, section 5, Clause 39; the said construction to be under the authority of Statute 1897, Chapter 504, as amended, and subject to the assessment of betterments as provided in Statute 1939, Chapters 91 and 446; the said sewers to be constructed in some or all of the areas shown on the following plans on file in the office of the Town Engineer; a 332 "Lexington, Mass. Manor Sewerage System Construction I Drawings 1940 - Town of Lexington, John T. Cosgrove, Town Engineer"; "Lexington, Mass. Borth Lexington Sewerage System - Scales Hor. l" - 40' Vert. 1" = 4' Dec. 1939 John T. Cosgrove, Town Engineer"; "Lexington, Mass. Libertj Heights Sewerage System, Scales Hor, 1" f 40 ' Vert. 1 41 Dec. 1939 John T. Cosgrove, Town ngineer"; and that the Selectmen be authorized to construct or coop- erate in the construction of any or all of such sewers and to take by eminent domain any necessary easement there- for; 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 $85,000* and to issue notes of the Town therefore payable in not more than ten years." Voted: By the Selectmen, acting as a Board of Nater and Sewer Commissioners under the authority conferred by Statute 1897, Chapter 504 and Acts in amendment thereof and in addition thereto,and of votes of the Town of Lex- ington pursuant thereto, that a sewer be constructed ' in Baker Avenue, from Butler Avenue northeasterly distant approximately 600 feet, substantially in accordance with a plan made by John T. Cosgrove, Town Engineer, dated April 18, 1940, and entitled, "Plan of Proposed Sewer$ 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 4461 of the Acts of 1939. The area which it is expected will receive benefit or advantage other than the general advantage to the community from such improvement is described as followa: That portion of those properties on each side of Baker Avenue from Butler Avenue northeasterly distant app- roximately 600 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 1 1 C upon each parcel of land to be as shown in the schedule which is hereto annexed and made a part hereof. Witness our hand at Lexington aforesaid this 16th day of September, 1940. Middlesex, ss. Archibald R. Giroux Errol H. Locke Selectmen William G. Potter of A. Edward Rowse Lexington George W. Sarano COMMONWEALTH OF MASSACHUSETTS Lexington, Mass. September 16, 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 dater and Sewer Commissioners in the Town of Lexington, before me, James J. Carroll Notary Public Mar. 14, 1945, SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER BAKER AVENUE (From Butler Avenue northeasterly distant approximately 600 feet.) Owner as of Jan. lstt 1940 Lot No. Assessment Louis & Hattie V. Vanderwoude Louis & Hattie V. VanderWoude John F. & Alice J. Heaney Frank F. Serrilla Peter VanGemert Arthur G. & Ebba C. Damery tbya Clarence E. MaePhee Caroline Bowker 336,337 070.00 3349335 70.00 333 35.00 331$32 70.00 322,324 116.00 B 65.00 304;309 196.00 297-300 83.00 333 Chase Ave. sewer ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER ;504 OF THE ACTS OF 1897 AS AMENDED CHASE AVENUE (From Bennett Avenue southwesterly approximately 249 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 herein- after referred to as 'isaid Act" said Town was authorized amdng other things, to lay out, construct, maintain and operate a system of sewerage, with the powers and authority set forth in said Act, including full power to take by purchase or otherwise any lands, rights of way and ease- ments in said Town necessary for the establishment therein of 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 inconstructing 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 provi- sions 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 of all the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Board of Water and Sewer Commissioners; and WHEREAS; by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majority of the voters of said Town in the manner provided in Section 5 thereof the powers and duties of the Water and Sewer Commissioners were assigned to the Board of Selectmen as a Board of Public Works; and WHEREAS, Archibald R. Giroux, William G. Potter, J A. Edward Aowse, 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 had 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 agency of the United States as provided in General Laws, Chapter 40, section 5, clause 39; the said construc- tion to be under the authority of Statute 1897, Chapter 504, as amended, and subject to the assessment of better- ments as provided in �5tatute 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 Vert. 1" - 4' Dec. 1939 John T. Cosgrove, Town Engineer"; "Lexington, Mass. Liberty Heights Sewerage System, Scales Hor. 1" = 40' Vert. 1" = 4' Dec. 1939 John T. Cosgrove, Town Engineer"; and that the Selectmen be authorized to construct or coo- perate in the construction of any or all of such sewers and to take by eminent domain any necessary easement there- for; 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 sunt 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 eon- struetion of a sewer in the location hereinafter described, 1 336 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 southwesterly line of Bennett Avenue, said point being southeasterly and distant 180.00 feet from the southeasterly line of Baker Avenue, thence S 29 271 40" W distant about 249 feet to a point. And Whereas the right of way and easement herein- after described and taken are necessary for the establish- ment 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 18971 the following right of way and easement, viz; A right of wag and easement in and through the land through which the line of location runs in Chase Avenue ' for a sewer, including manholes and appurtenances, said sewer to be laid a%# 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: 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 wag 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, Chapters 91 and 446. 1 0 ' 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 here- 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 Patrick J. and Alice B. Neary, John L. Thompson, Bessie D. Ducey, Clarence H. and Mary E. MacIntosh, Mary E. and Malcolm H. Clifford. The said area comprise the several lots shown upon the plan hereinbdfore 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 the said right of way and easement ' of the Town of Lexington, its successors and assigns, to its and their own use and behoof forever, agreeably to the provisions of said Chapter 504 of the Acts of the year 1897 and any and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the said Archibald R. Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke and George W. Sarano of the Board of Selectmen aforesaid, have hereunto subscribed their names this 16th day of September, 1940. Middlesex, ss. Archibald R. Giroux Errol H. Locke Board William G. Potter A. Edward Rowse of George W. Sarano Selectmen COMMONWEALTH OF MASSACHUSETTS Lexington, Mass. Sept. 160 1940. Then personally appeared the above named Archibald 338 R, Giroux, William G. Potter, A. Edward Rowse, Erro1 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 freer act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, James J. Carroll otary 1 c Mar. 14, 1945. SCHEDULE OF ESTIMATED'BETTERMENTS REFERRED TO IN THE FOREGOING ORDER CHASE AVENUE (From Bennett Avenue southwesterly approximately 249 feet.) Owner as of Jan. lst. 1940 Lot No. Assessment Patrick J. & Alice B. Neary, t by a 248-251 $134.00 John L. Thompson 244-247 124.00 ' Bessie D. Ducey 242,243 60.00 Clarence H. & Mary E. MacIntosh t by a 239-241 93.00 Mary E. & Malcolm H. Clifford t by a 236-238 103.00 ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED CHASE AVENUE (From Banks Avenue northeasterly approximately 220 feet.) WHEREAS, B� dhapter 504 of the Acts of the year 1897, entitled An Act to authorise the Town of Lexington to construct a system of sewerage", the same being herein - r ' after 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 powerssand authority set forth in said Act , including full power to take by Purchase or otherwise any lands, rights of way and easements in said town necessary for the establishment therein of a system of sewerage or sewage disposal or for any of the Chase purposes mentioned in Section 1 of said Act; and Ave. sewer 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 app- roved by the State Board of Health; and WHEREAS, by chapters 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 pro- visions 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 Commissionets should thereafter devolve upon said Board of Water and Sewer Commissioners; and WHEREAS, by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majority of the voters of said Town in the manner provided in Section 5 thereof, the powers and duties of the Water and Sewer Commissioners were assigned to the -Board of Selectmen as a Board of Public Works; and WHEREAS, Archibald R. Giroux, William G. Potter, A. Edward Rowse, George We Sarano and Errol He Looks, citizens and residents of said Town, have been duly quali- fied 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 re- quested 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 syetem and is about to construct the same; and WHEREAS the Town has on the 25th day of March, 1940 "Voted: That the sunI 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 construc- tion 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 Engineers "Lexington, Mass. Manor Sewerage System Construction Drawings 1940 - Town of Lexington John T. Cosgrove; Town Engineer "Lexington, Mass. North Lexington Sewerage System - Scales Hor. 1tt = 40t Vert. 1" � 4t Dec. 1939 John T. Cosgrove, Town Engineer"; "Lexington, Hass. Libertz Heights Sewerage System, Scales Hor. 1" - 401 Vert. 1 m 41 Dec. 1939 John T., Cosgrove, Town Engineer"; and that the Selectmen be authorized to construct or coo- perate 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 19399 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 a pert of a system of sewage disposal for s 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 Chase Avenue, said point being the intersection of said center line with the southwesterly line of Banks Avenue extended, thence N 290 27t 40" E distant 220.00 feet to a point in the south- westerly line of Tucker Avenue 1 C And Whereas the right of way and easement hereinafter ' described and taken are necessary for the establishment of said system of sewerage and sewage disposal' and for the purpose of providing better drainage as authorized by said Act; Now then, said Board, acting for and in behalf of said Town, hereby takes under the authority of said Act (Chapter 504 of the Acts of 1897) the following right of way and easement, viz; A right of way and easement in and through the land through which the line of location runs in Chase Ave. for sewer, including maholes and appurtenances, said sewer to be laid and maintained in the ground in substantial accordance with the 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, in- specting 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, Chapters 91 and 448. 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" = 401 John T. Cosgrove Town Engineer", is hereby referred to and made a part of the present description of taking, which plan is to be recorded herewith in the Registry of Deeds for the Southern District of the County of Middlesex. The area which it is expected will receive benefit or advantage other than the general advantage to the community from such improvement is described as follows: The same being lands of John F. and Alice J. Heaney, ' Henrietta S. Parsons, Ernest E. Williams, William L. 342 Langer, Johanna Langer, Joseph L. Dahlstrom. ' 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 sucessors and assign s, to its and their own use and behoof forever, agreeably to the provisions of said Chapter 504 of the Acts of the year 1897 and any and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the said Archibald R. Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke and George W. Sarano of the Board of Selectmen aforesaid, have hereunto subscribed their names this sixteenth day of September, 1940. Archibald R. Giroux Errol H. Locke Board William G. Potter A. Edward Rowse of George W. Sarano Selectmen ' COMMONWEALTH OF MASSACHUSETTS Middlesex, as. Lexington, Sept. 160 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 me, James J. Carroll Notary Public Mar. 14, 1945. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER CHASE AVENUE (From Banks Avenue northeasterly approximately 220 feet.) ' 1 C 1 Owners as of Jan. lst. 1940 John F. & Alice J. Heaney Henrietta S. Parsons Ernest E. Williams William L. Langer Johanna Langer Joseph L. Dahlstrom Lot No. Assessment 2610262, pt. 263 $52.00 Pt. 2632 264, 265 62.00 2669, 267 73.00 220 42.00 2210 222 62.00 223-226 124.00 ORDER OF TAKING BY THE TOWN OF LEXINGTON OF AN EASE14ENT 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 axq 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 hand Including any brook, stream. fond 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 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 Meeting WHEREAS the Town/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 pruchase 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 North and South Branches of Vine Brook from Marrett Road to Vine Brook Road for an aggregate width not exceeding one hundred and fifty feet; (b) from the easterly side of in, 344, C� Waltham Street to the location 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 feet; (e) from Hayes Lane to East St. for an aggregate width not exceeding ons hundred fifty feet; (f) from mast Street to North Street for an aggregate width not exceeding fifty feet; (g) temp- orary 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 direc- tion, 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 Extension so-called on the South Branch and Waltham Street on the North Branch to North Street, including 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 'Drainage Committee in a report received by the Town, September 27, 1937, and that ' the Selectmen be authorized to do such work as may be re- quired to restore and maintain or supplement existing private water supplies now in use (exclusive of operating expenses) which may become diminished or impaired 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 $273,000.00 be appropriated, of which $29,600.00 shall be for land acquired. WHEREAS the Selectmen have determined the location of an easement required for the purpose of constructing and maintaining a culvert in lands of Charles W. and Robert E,. Ryder, Trustees, Lexington Estates Trust as followst The center line of the easement for a culvert across Winthrop Road Extension, so called, a private way, begins at a point on the northerly sideline of Winthrop Road Extension, said point being about 695 feet easterly of the easterly sideline of Waltham Street, thence S 260 56' 11" W distant about 85 feet to a point. - The exterior lines of the easement are parallel with ' and distant 10 feet from the above described center line, u 1 the easement being on land of Charles W. and Robert L. Ryder, Trustees, Lexington Estates Trust. The easement extends from the northerly sideline of Winthrop Road Extension to a line parallel with it and 70 feet southerly, all as shown on a plan entitled, "Plan of Easement for a Culvert across Winthrop Road Extension, Lexington, Massachusetts, Step. 16, 1940, Scale 1 in. x 40 ft., John T. Cosgrove, Town Engineers". and WHEREAS the easement and rights hereinafter taken are necessary for the said purposes; NOW., THEREFORE, the said Board of Selectmen acting ror and on behalf of the said Town under the authority of the said Chapter 263 of the Acts of 1929 and of every other power them thereto enabling, do hereby take an easement 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 convey 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. 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, Winthrop Rd. culvert IN WITNESS WHEREOF the said Board of Selectmen have hereunto subscribed their names this 16th day of September, 1940, Errol H. Locke William G. Potter A. Edward Rowse George W. Sarano 346 COMMONWEALTH OF MASSACHUSETTS ' Middlesex, ss. Lexington, Sept. 16, 1940. Then personally appeared the above named 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, James J. Carroll Notary Public Mar. 14, 1945. ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main BLAKE ROAD (From Eaton Road northerly a distance of approximately 150 feet.) WHEREAS, at a meeting duly called and held on March ' 25th, 1940 and adjourned to April 8th, 1940, the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given duly adopted by unanimous vote the following vote and�made an appro- priation therefor: "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1940 in accordance with authority contained in the By -Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $4,000.00 be appropriated, this money to be provided by transfer from the Water Department Available Surplus Account." AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority r ' conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the prupose of constructing and maintaining a water main in Blake Road, from Eaton Road northerly a distance of approximately 150 feet as aforesaid, the following easement, namely; The right to enter upon the land shown as Blake Road on a plan entitled "Plan of Proposed Water Main in Blake Road, Lexington, Mass, Scale I in. = 40 ft., Sept. 160 1940, Joseph A. Ross, Supt, Water Dept." and owned by the Lex- Blake ington Trust Company, and construct therein a line of water Rd* main with all necessary connections, shutoffs, and appur- water tenances substantially as shown on a plan of Joseph W. Ross, Supt, Water Department, dated Sept. 160 1940, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintain- ing, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of ' the work 3s each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprise the several lots shown upon the plan of Joseph A. Ross, Supt. dater Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement deo the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. 1 348 IN WITNESS WHEREOF the undersigned being a majority , of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names -this sixteenth day of September, 1940, Errol H. Locke' _ William G. Potter Selectmen A. Edward Rowse of George W. Sarano Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Sept. 16, 1940. Then personally appeared the above named Errol H. Locke, William G. Potter, A. Edward Rowse and George V* Sarano and severally acknowledged the foregoing instrument by them subscribed to be their free act and•deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, James J. Carroll Notary Public Mar. 14, 1945. ' SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER BLAKE ROAD (From Eaton Road northerly, a distance of approximately 150 feet). Owner as of Jan. 1st 1940 Block No, Lot No, Assessment Lexington Trust Co. 15A 6,7,8 $94.50 ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main. (From the present end a distance of approximately 200 ft. southerly). ' WHEREAS, at a meeting duly called and held on Larch 25th, 1940 and adjourned to April 8th, 1940, the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropria- tion therefor: "Voted= That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1940 in accordance with authority contained in the By -Laws of the Town, subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $4,000.00 be appropriated, this money to be provided by transfer from the Water Department Available Surplus Account." AND, WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establiahnt and maintenance of the said water maim NOWs. THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for an in behalf of the said Town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling,hereby adopt thla;.order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Sher- burne Road from the present end a distance of approximately 200 feet southerly as aforesaid, the following easement, namely; The right to enter u on the land shown as Sherburne Road on a plan entitled, Plan of Proposed Water Main in Sherburne Road, Lexington, Mass. Scale 1 in. a 40 ft., Sept, 169 1940, Joseph A. Ross, Supt, Water Dept.", and owned y Ralph H. and Helen S. Davis Reg, Land Cert, No, 45877 Charles W. Ryder et al, Trs. " " " 31157 Francis C. and Cora M. Nelson " " " !' 45919 and construct therein a line of water main with all necessary connections, shut -offs and appurtenances substantially as shown on a plan of Joseph A. Ross, Sept. Water Dept., dated Sept. 16, 1940 to be records here*lth in the South Registry District for the Land Court of the County of Middlesex. The easement covered by this taking includes the right on the part of the Selectmen of thesaid Town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably 1 350 necessary for the purpose of initially constructing and ' thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said eater main, ( the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt. Water Dept. above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each such parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement of the Town of, Lexington,its successors and assigns, to its and their own ' ude and behoof forever agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent -sets in amendment thereof or supplemental thereto. IN WITNESS VYiEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this sixteenth day of Sept- ember, 1940. Errol H. Locke William G. Potter Selectmen A. Edward Rowse of George W. Sarano Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Sept. 160 1940. Then personally appeared the above named Errol H. Locke, William G. Dotter, A. Edward Rowse and George W. Sarano, and severally acknowledged the foregoing instru- ment by them subscribed to be their free act and deed and 1 the free act and deed of the Board of Selectmen of the Town of Lexington, before me,_ James J. Carroll Notary Public Mar. 14, 1945, SCHEDULE OF.ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER s: ' 4 � IN ffie [0)ib)3two) Q+ in 71002191 By the Town of Lexington of Easement for the Construction of a Water Main LEXINGTON AVENUE (From Robbins Road to Watson Road in a northerly direction a distance of approximately 375 feet) WHEREAS, at a meeting duly called and held on March 25th; 1940 and adjourned to April 8th, 1940, the town meeting of Lexington pursuant to an article in the warrant of the meet- ing for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefort "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1940 in accordance with authority contained in the By -Laws of the Town, subject to (From the present and a distance of approximately 200 feet southerly). Reg. Land Owner as of Jan. 1st., 1940 Lot No. Cert. No. Assessment Ralph H. and Helen S. Davis 16D 45877 $40.50 Charles W. Ryder, et al Trs. 16F 31157 40.50 ' Francis C. & Cora M. Nelson 16E 45919 85.50 Charles W. Ryder, et al Trs. 56 31157 90.00 Charles W. Ryder, et al trs. 57 31157 90.00 [0)ib)3two) Q+ in 71002191 By the Town of Lexington of Easement for the Construction of a Water Main LEXINGTON AVENUE (From Robbins Road to Watson Road in a northerly direction a distance of approximately 375 feet) WHEREAS, at a meeting duly called and held on March 25th; 1940 and adjourned to April 8th, 1940, the town meeting of Lexington pursuant to an article in the warrant of the meet- ing for which due notice was given, duly adopted by unanimous vote the following vote and made an appropriation therefort "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1940 in accordance with authority contained in the By -Laws of the Town, subject to 352 Lexington Avenue water, the assessment of betterments, and to take by eminent ' domain any necessary easements therefor, and for the purpose of said installation the su30 of $4,000.00 be appropriat6d, this money to be provided by transfer from the Water Department Available Surplus Account." AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE., the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the puspose of constructing and maintaining a water main in Lexington Avenue, from Robbins Road to Watson Road in a northerly direction a distance of approximately 375 feet as aforesaid, the following easement, namely; The right to enter upon the land shown as Lexington Avenue on a plan entitled "Plan of Proposed Water Main in Lexington Avenue, Lexington, Mass, Scale 1 in = 40 ft. Sept. 16, 1940, Joseph A. Ross, Supt. Water Dept." and owned by R. Lockwood Tower et al, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated Sept. 16, 1940s, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or duly authorised agents of the town to enter upon, dig up, open and use the land em- braced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry,) Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other then the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph AA Ross, Supt. Water Department, above re- ferred to, which are designated in the schedule hereto annexed and made a part hereof. I 353 ' We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington its successors and assigns, to is and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this sixteenth day of September, 1940, Errol H. Locke William G. Potter Selectmen A. Edward Rowse of George W. Sarano Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Sept. 16, 1940. ' Then personally appeared the above named Errol H. Locke, William G. Potter, A. Edward Rowse and George W. Sarano and severally acknowledged the foregoing instrument and state- ment by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, James J. Carroll Notary blic Mar. 14, 1945, SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER LEXINGTON AVENUE (From Robbins Road to Watson Road in a northerly direction a distance of approximately 375 feet) Owner as of Jan. lat. 1940 Lot No. Assessment R. Lockwood Tower, et al 1 $90.00 " ° n 2 81.00 3 81.00 4 81.00 ' ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main RICHARD ROAD (From Follen Road to Robbins Road a distance of approximately 850 feet northeasterly). WHEREAS, at a meeting duly called and held on March 25th, 1940 and adjourned to April 8, 1940, the town meeting of Lexington pursuant to an article in the warrant of the meet- ing for which due notice was given, duly adopted by unani- mous vote the following vote and made an appropriation therefor: "Voted: That the Selectmen be authorized to install water mains in such accepted or unaccepted streets, as may be applied for during the year 1940 in accordance with authority contained in the By -Laws of the Town, subject to the assess- ment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said Richard installation the sum of $4,000.00 be appropriated, this Rd. ' money'to be provided by transfer from the Water Department water Available Surplus Account". AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said Town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of tak- idg by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Richard Road, from Follen Road to Robbins Road a distance of approximately 850 feet northeasterly as aforesaid, the following easement, namely: The right to enter upon the land shown as Richard Road on a plan entitled, "Plan of Proposed Water Main in Richard Road, Lexington, Mass., Scale 1 in. - 40 ft., Sept. 16, 1940, Supt.Water Dept." and owned by R. ]Lockwood Tower, et al and Macy Fienstien, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated Sept. 16, 1940, to be recorded here- with, The easement covered by this taking includes the right 356, on the part of the Selectmen of the said town,or other , duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially con- structing and thereafter maint&ibing, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantages other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of Joseph A. Ross, Supt, Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. ' To have and to hold the said easement to the Town of Lexington, its successors and assigns; to its and their own use and behoof forever, agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this sixteenth day of September, 1940, Archibald R. Giroux Errol H. Locke Selectmen William G. Potter of A. Edward Rowse Lexington George W. Sarano COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Sept. 16, 1940. Then personally appeared the above named Archibald R. Giroux, Errol H. Locke, William G. Potter, A. Edward Rowse and George W. Sarano and severally acknowledged the foregoing instrument by them subscribed to be their free act and ' 1 857 ' deed and the free act and deed of the Board of of the Town of Lexington, before me, Selectmen James J. Carroll o ary Public Mar. 14, 1945. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER RICHARD ROAD (From Follen Road to Robbins Road a distance of approximately 850 feet northeasterly) Owner as of Jan. 1st, 1940 Lot No. Assessment R. Lockwood Tower, et al 26 $81.00 n n » » n 27 81.00 28 86.40 n » n n » 29 85.5A 30 85.50 n n n n » 31 90.00 32 119.17 n n » » n 33 91.28 n n n n n 34 90.00 35 90.00 36 92.97 n n n n » 37 95.40 Macy Fienstien 37 71.88 1 358 With reference to the Winthrop Road culvert, Mr. Rowse thought that we should get a release from the Ryders. Mr. Paxton said that he would check up on this angle. Mr. Paxton said that James Ball of Banks Avenue was complaining about the condition of his present cesspool. In 1937 the engineers made a survey of the Ball sewer cesspools in this section, and reported Mr. Ballts Banks Ave. in bad condition. The present design of the Banks Avenue sewer does not provide for extending it as far as Mr. Ballts house. There is a swamp between his house and Carville Avenue. The original plans for that sewer system did not include a sewer in that part of Banks Avenue, Both Mr. Cosgrove and Mr. Paxton feel that by lowering the depth of the sewer about'3j to 4 feet and extending an additional 2001, it will be possible to take care of the Ball house. Mr. Beach says we will have enough money in the appropriation to take care of this additional work, however, there is the problem of getting the abbuters to sign for the betterments. The Town is one abbuter, and Mr. Vanderwoude is the other, and he does not. need the sewer in this street, as he is served by Baker Avenue. They thought, they might be able to make some arrangements with Vanderwoude. The Board told Mr.Paxton to try to get a.majorit7 of the abbuters to sign for the betterments, and to report at the next meeting. Paxton agreed to do this. Mr. Paxton reported that Mr. Ross had had four requests for water main extensions. His estimate for these extensions is $5150.00. At the present time there Is a balance in the Water Construction, Sundry Streets Account of $2900.00. Of the $5150, $700, is for trench Water main repairs. A'house has been started in Blake Road, and the extensions builder needs water, and also, one has been started on Sherburne Road. Mr. Paxton thought that all the requests were urgent. Mr. Ross recommended approving Blake, Sherburne, and Lexington Avenue, and going as far as possible with the funds available in Richard Road. For the present, they will forego the trench repairing. Mr. Rowse moved that the Sherburne and Blake Road.a�d;Sexington Avenue water orders be signed. Mr. Locke seconded'the' motion and it was so voted. Mr. Paxton said that he had received three bids on coal for the Town Offices and Cary Memorial Building and Public Works Building, from the followings Lexington Coal Co., $7.00 per ton; White Fuel, $6.68, and the Fawcett Co., $7.05. The analysis shows that the coal is approximately the same, although if anything, the Fawcett coal is slightly better. The difference between the low and the high bid amounts to $95.00. Mr. Sarano moved that the Lexington Coal Co. be given a contract for 150 tons, and the White Fuel Co. a contract for 100 tons. Mr. Locke seconded the motion, and it was so voted. 1 1 Mr. Raymond said that two weeks ago, the Board asked ' him to talk to Mr. Wrightington to see if there was any liability on the part of the town because of the condition of the Pichette lots. Mr. Wrightington said that the Town was liable. We had permission to use the lots for con- struction purposes during the Vine Brook work. In the permit, there was a statement that said that the ground was to be properly graded, seeded and loamed to as good as its original condition after the Town was through. We piled a lot of stone and debris on the lots and raised the grade. The contractor paid Fiehette $175. rather than remove the stones. It would cost perhaps $1,000. to loam the lots. Pichette claims he has lost two customers because of the condition of the land. Mr. Raymond said that there was a flooding condition that Mr. Pichette also wanted to have fixed up. The Board requested him to decide how to take care of the flooding situation and to report at the next meeting of the Board. r 1 Mr. Paxton said that last year the Board voted to have the Town pay all the insurance on Chief Taylor's car, and that he reimburse the Towh what he would have to pay if he insured the car as an individual. He would have to pay $45.00. Mr. Locke moved that Chief Taylor be billed for the difference. Mr. Rowse seconded the motion and it was so voted. Letter was received from Chief Taylor calling the Board's attention to the fact that Woburn Street, near station ¢#160, was very dangerous in slippery weather. He said that there was a very serious accident there on September 2nd. Mr. Paxton said that.last year an application of asphalt and pea stone was put on, which worked very well until the hot weather set in. They purchased some hot pea stone and spread it over the road surface and rolled it in with the road roller. He said that this did a fairly good job. This work has been done since the accident. Paxton went down there with a State Engineer, who felt that the road was in fairly good non- skid condition. The Clerk was instructed to furnish Chief Taylor with this information. 359 Pichette claim Ins.on Taylor car Complaints ret Woburn Street dangerous road Mr. Paxton reported that the Water Department had Pipe in removed the pipe from the McCaffrey lot on Parker Street, McCaffrey lot at a cost of approximately $30. 360MIT , Mr. Paxton requested permission to open the Assessors? Block Plan project. This has been approved by the WPA authorities. No funds were included for , Block plan this projeet,but due to the closing down of the sewing WPA proj. project, there will be $300. available. Mr. Locke moved that the Block Plan project be reopened. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton informed the Board that he would like Paxton's to take his vacation beginning Monday, September 23, vacation and lasting two weeks. The Board had no objection. Mr. Potter said that Joseph Rourke of Grant Place spoke to him about drainage on his property, and asked Mr. Paxton to look at it. Paxton agreed to do so. The Board discussed again the claim of Mary McDonnell against the Town. Mr. Paxton recommended making some McDonnell sort of a settlement with Mrs. McDonnell, and having claim the money returned to the Town, inasmuch as she has been receiving aid for many years. The Board instructed Paxton to try to effect a settlement. Letter was received from Chief Taylor reporting that from May 30th to September 4th, the Fire Department had extinguished seven preventible fires in the dump on the Public Works ground. He said that the people living in ' Dump at the vicinity felt that the smoke and rats that infested P. W. the dump constituted a health menace. Mr. Potter suggested Building putting up signs prohibiting starting fires, and Mr. Paxton said he would put up some signs. Letter was received from the Waverley Hardware & Supply Co. stating that they had been in business in Lexington for twelve years and that the other hardware company got all the business. Mr. Paxton said that requests for bids were Waverly sent out on small tools and supplies in the spring, and Hdwr. req. although the Waverley Hardware Co. was asked to bid, they for bus, failed to submit one. The business, therefore, was given to the other company. Waverley was low on traffic paint, but Paxton found that the paint they were quoting on was very poor, so he did not buy it of them. When they are low on other items, however, they receive the business. No action was taken on the matter. Letter was received from the Chamber of Commerce re - One hour questing that the parking signs on Mass. Ave. and around parking Depot Park be changed to read "One Hour Parking -from 9:00 Lex.Center A. M. to 9:00 P. M." Mr. Rowse moved that.the Chamber be advised that the State Department of Public Works had been requested to make a traffic survey in Lexington, and that ' they would be requested to consider this matter. Mr. sarano seconded the motion, and it was so voted. Mr. Paxton retired at 10603 P. M. 1 C Mr Morse appeared before the Board to discuss Welfare matters. The Board signed deed of Lots 124 and 125, Farm- hurst Section 4, on Bridge Street to Stanley G. Spencer. The Clerk was instructed to have the deed record ad. Letter was received from the Chamber of Commerce requesting that the Board consider the adop- tion of the Food Stamp Plan by Lexington Mr. Rowse moved that the Chamber of Commerce be advised that Lexington had allready requested the approval of the Food Stamp Plan for Lexington. Mr. Sarano seconded the motion, and it was so voted. Spencer deed Food Stamp Plan Letter was received from the Director of Civil Service asking what vacancies there might be in the Reserve Police Force and among patrolmen during the Reserve Police next two years. The Clerk was instructed to inform Force? the Director that we did not anticipate any vacancies in the next two years. Letter was received from Elmer A. Lord & Co. advising that inside holdup insurance at 1625 Mass. AVE. bXPIPbtd on October 18th. Mr. Rowse moved that Ins. expiring the policy be renewed for three years. Mr. Locke seconded the motion, and it was so voted. Mr. Hill also advised that fire insurance of $31,000. under blanket schedule expired on October 12th. Mr. Rowse moved that the policy be renewed for five years. Mr. Locke seconded the motion, and it was so voted. Application was received from the HancoclF Church Women's Association for permission to use the garage at the Barnes property for a rummage sale on October 5th, and for permission to bring the things there and arrange them on October 4th, Mr. Rowse moved that the request be granted. Mr. Locke seconded the motion, and it was so voted Application was received from the A. L. Auxiliary for permission to use Estabrook Hall in the afternoon of November 8th, and Gary Hall on that evening. Mr. Rowse moved that the uses be granted, free of charge. Mr. Locke seconded the motion, and it was so voted. Application for a Public Chrriage License was received from William Allen of 468 Waltham Street, Lexington. The matter was held over for one week. Uses of halls Pub. Carriage license 362 Transfers from Res. Fund Letters were received from the Appropriation Committee advising that the following transfers from the Reserve Fund had been approved: $100. to Health Department - Personal Services, for additional compensation for John Lamont; $66.67 to the Seleetmen'e Department - Personal Services Account in order that an increase in compensation might be granted to Miss Elinor Moakley of $4.00 per week, the transfer to be made when and if Miss Moakley agreedtto remain in the service of the Town; $257.24 to the Selectmen's Department - Expense Account, to pay for Referendum Town Meeting held July 29, 1940; $100.00 to the Selectmen's Department - Expense Account, for Civilian Defense Committee; $12.45 to the Selectmen's Department - Personal Services Account, for extra clerical; $2300.00 to the Dependent Children - Aid and Expenses, when, as and if needed. Letter was received from the Appropriation Committee acknowledging receipt of the Board's letter advising that there might be a deficiency .of $38.00 in the Town Offices Expenses Account On account of the gate purchased for the Assessors' Office. The Clerk said that when the members of the Auxiliary Police Force were appointed Special Police Officers, Messrs, C. H. Miles and J. Chester Hutchinson were omitted, Mr. Locke moved that both men be appointed Special Police Officers. Mr. Sarano seconded the motion, and it was so voted, The meeting adjourned at 11:15 P. M. A true record, Attests Clerk 1 C