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HomeMy WebLinkAbout1940-11-04SELECTMENtS MEETING I November 4, 1940. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Lexington, at 7;30 P. M. Messrs. Potter, Rowse, Locke and Sarano were present. The Clerk was also present. In the absence of Mr. Giroux, Mr. Rowse served as Chairman. At 7:30 P. M. hearing was declared open upon the application of the Boston Edison Co. and the N. E. Tel. & Tel. Co. for permission to locate six poles on Follen Road, southerly from a point approximately 320 feet south of Locust Avenue. Mr. W. S. Caouette, represent- ing Mr. Henry D. Miller, Mr. Mayon of the Boston Edison Co., and Mr. Paxton were present. Mr. Caouette said that Mr. Miller had had an under- ground service from Locust Avenue installed to his house, and Mr. Mayon said that he believed -Mr. Caouette was in error, and that the service was taken from Bollen Road. He said that it would be necessary to set two poles•on Locust Avenue in order to serve the Miller house from Locust Avenue. Mr. Mayon said that he checked the matter ' very carefully before he left the office this afternoon. Mr. Rowse asked if the Board should disapprove the pole nearest the corner, and Mr. Mayon said he would not recommend it, because later on the Town might want street lights, and then it would be necessary to have this pole. Mr. Caouette asked if the elimination of this pole would mean the elimination of street lighting on Follen Road, and Mr. Mayon said that it was a question of where the Town authorities wanted the street lights. Mr. Paxton said that before saying where he thought' the street lightsshould go, he would like to make a street lighting survey with a street lighting expert. Mr. Rowse said he thought we should have a letter from the Edison Company or the Telephone Company to the effect that they were not going to use the pole at the corner at the present time, and would not put it in without notifying the Board. Mr. Mayon said that he would be very glad to submit such a letter to the Board. Mr. Rowse asked if there would be any objection to the approval of location of the six poles petitioned for this evening, and Mr. Caouette said that he had no objection. Mr. Sarano moved that the pole locations be approved. Mr. Locke seconded the motion, and it was so voted. ' At 8:07 P. M. Mr. Paxton appeared before the Board. He said that Robert H. Holt had requested the use of Cary in Poles, Follen Road 406 all co C Hall on November 21, December 20, January 15, February 20, and March 18 for the Cary Lectures. Mr. Sarano ' moved that the use of the hall be granted free of charge. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton said that the Firemen's Benefit Asso- ciation had requested the use of Cary Hall on December Use of 13 from 8:00 to 1:40 A. M. for a ball. Mr. Potter halls moved that the use of the hall be granted free of charge. Mr. Locke seconded the motion, and it was so granted. Mr. Paxton reported that the Parent -Teachers' Assoc. had requested the use of Cary Hall on May 230 1941 for an all day meeting and banquet. This is in connection with the National Association. The Asso ciation also wanted to have the flags put out in the drive in front of the Cary Memorial Building. Mr. Potter moved that the use of the hall be granted free of charge, and that the flags be put out. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said that he had made some investigation of the Hibbert Street sewer. He said that the reason a sewer was installed was that at the time we were in- stalling a 2" water main to serve a house in Lexington that previously had been served by Arlington. It was ' decided to be good business to lay a sewer in the same trench in order to save money later on. In 1911, Lot #39, on Woodberry Street in Arlington was assessed a sewer betterment by the Town of Arlington, and the owner, Berman, paid it. Mr. Isador Berman, the present owner, has requested an abatement on the grounds that there was no betterment. Mr. Paxton agreed with him. The total amount outstanding, including interest, is $101.76. Mr. Potter moved that the abatement be authorized. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton asked hbw the Board felt about the pur- chase of snow plows. In this appropriation, $1200. was allowed for 4 ?V" plows. The bid of Dyar Sales & Mach. Co. was accepted, and the plows will be received in November. In 1939 we had Roger Brown plowing snow for us, and he supplied his own plows, and we paid him .50 per hour rental. Mr. Brown is no longer in business in Lexin-ton. However, Anthony Ross & Son have a truck available, but we have to have a plow for it. The cost of a plow with a hydraulic hoist is $335.00. The bal- ance in the Snow Removal Appropriation, deducting money to ay for the plows and for putting out the snow fence, is 1300. or $1400. Mr. Paxtonsaid that it was decidedly advantageous for the Town to own its own plows. , Mr. Rowse asked Mr. Paxton if he had sufficient equipment to take care of snow removal up until January 1, and he replied that that was a gamble. In 1933 and 1934 we had _some real bad storms on December 26, and 27. The equipment would have to be ordered ahead, as it would be necessary to wait a month or a month and a half for it. Mr. Paxton said that Mr. Childs on Lincoln Street had a truck with a plow on it, and if he could use this and that of A. Ross & Son, he would get by all right. There would not be sufficient funds in the Snow Re- moval appropriation to purchase the plow. Mr. Potter moved that the Appropriation Committee be requested to transfer $335.00 from the Reserve Fund for the purchase of a Baker blade plow to take the place of two plows formerly hired from Roger W. Brown. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton asked if the Board still desired to con- tinue the present schedule of sidewalk plowing --plowing on main streets only and a majority of the other streets on one side only. Mr. Rowse said he believed the Board wanted to continue plowing the main sidewalks first, and when that is done, to go as far as possible on secondary streets, as far as they can plow. Mr. Paxton retired at 8:26 P. M. ' Letter was received from Munroe H. Hamilton making application for sewer service to Lot 32, Richard Road, and agreeing to pay the sewer betterment assessment. The Clerk was unstructed to acknowledge the letter. Letter was received from Mr. Wrightington to which was attached Town Counsel's bill of $50.00 for services in the case of Colonial Garage, Inc. v. Town of Lexington, and bill of the appraiser, Harry A. Gilbert, of $100.00. Mr. Potter moved that both bills be approved for payment. Mr. Sarano seconded the motion, and it was so voted. Letter was received from the Stanley Hill Post, No. 38, A. L. inviting the Selectmen to attend the Armittice Day Banquet on November 11. The Clerk was instructed to inform the writer that two and possibly three members would be present at the banquet. The Clerk called the Board's attention to the fact that next Monday was a holiday. It was decided to hold the next meeting on November 18, 1940. Letter was received from Mary_ E. Reardon requesting abatement of her sewer laetterment assessment in the emount ' of $18.00 plus committed interest of $6.64. 1'l Snow plows Plowing of sidewalks Sewer in Richard Rd. Bills -Col. Garage case Invitation Meeting Reardon sewer abate- ment 408 c The Clerk reminded the Board that this abatement had been approved in the past couple of years. Mr. Locke , moved that the Board authorize the Pbatement. Mr. Sarano seconded the motion, and it was so voted. Application of W. S. Caouette of 1772 Mass. Ave. for an Auctioneer's License was received. Mr. Potter License moved that the license be granted. Mr. Locke seconded the motion, and it was so voted. Mr. Potter moved that the following order be adopted: ORDER OF TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED. RICHARD ROAD (From Robbins Road southwesterly a distance of approximately 430 feet) T WHEREAS, By Chapter 504 of the Acts of the year 189% 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 tet forth in said Act, including full power to 'take by purchase or otherwise any lands, right of way and easements in said Town necessary for the es- tablishment therein of a system of sewerage or sewage disposal or for any of the purposes mentioned in Section 1 of said Act; and WHEREAS said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS the system hereinafter referred to as about to bei --constructed, the plans showing in detail the work to be done in constructing the same, have been,duly approved by the State Board of Health; and WHEREAS, by Chapter 277 of the Acts of the year 1909 which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the then Board of Water Commissioners of said Town and the Board of Sewer Commissioners elected under the provisions of said Act (Chapter 504 of 1897) were con - solicited in one Board to be called the Board of Water and Sewer Commissioners, with the provision that all ' the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Board of Water and Sewer Commissioners; and WHEREAS, by Chapter 1 of the Acts of the year 1922, which was duly. accepted by a majority of the voters of said Town in the manner provided in Section 5 thereof, the powers and duties of the Water and Sewer Commissioners were 'assigned to the Board of Selectmen as a Board of Public Works; and WHEREAS, Archibald R. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke, citizens and residents.of said Town, have been duly qualified and are now the duly elected qualified and acting Board of Selectmen pursuant to law and the provisions of the Acts hereinbefore referred to, and WHEREAS said Town by vote passed at a town meeting held on the 10th day of February 1915 authorized and requested said Board of Water and Sewer Commissioners (hereinafter re- ferred to simply as "the Board") to proceed under the pro- visions 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 conformable 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 8th day of April, 1940 "Voted; That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1940 in accordance with St. 1897 Ch. 504, as amended, or otherwise, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $1,000.00 be appropriated, this money to be pr6vided by transfer from the Sewer Assessment Fiitd"; and WHEREAS the system, as so laid out, required the con- struction of a sewer in the location hereinafter described, the same to be maintained and used as part of a system of sewage disposal for a part of said Town, and WHEREAS, the location adopted for said sewer is shown approximately in the following described line, hereinafter called the "Line of location", viz: Beginning at a point in the center line.of Richard Road near Robbins Road, said point being northwesterly and distant about 306 feet from the southeasterly terminus of a curve of 356.00 feet radius, thence bearing to the left with a curve of 356.00 feet radius distant about 275 feet to a point of tangency, thence southwesterly .75,00 feet to a point. For further description of the line of location see plan by the Town Engineer dated November 4, 1940, hereinafter mentioned and referred to. 410 � 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 Richard Road for a sewer, including manholes and appurtenances, said sewer to be laid and maintained in the ground in substantial accordance with said line of location. The easement covered by this taking includes the right on the part of the Selectmen of said Town, or other duly authorized agents of the Town, to enter upon, dig up, open and use the land embrace 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 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 Chapter 221 of the Acts of 1926. A plan made by .John T. Cosgrove, Town Engineer, dated November 4, 1940, entitled "Plan of Proposed Sewer in Richard Road Lexington, Mass. Scale 1 in. % 40 ft. November 4, 1940 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 id described as follows! The same being lands of R. Lockwood Tower, et al,. The said area t comprises he several lots shown p 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 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 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 1-0U'day of November, A. D. 1940. Middlesex ss. mm William G. Potter BOARD Errol H. Locke OF A. Edward Rowse SELECTMEN George W. Sarano COMMONWEALTH OF MASSACHUSETTS Lexington, Mass. November A,0 1940. Then personally appeared the above named , William G. Potter, A. Edward Rowse, Errol H. Locke, and George W. Sarano, and severally acknowledged the fore- going 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, Eleanor M. Lowe Notary Public My commission expires October 9, 1947. 412 Town Meeting SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER, RICHARD ROAD (From Robbins Road southwesterl a distance of approximately 468 fee t Owner as of Jan. 1st. 1940 Cert. No. Lot. No. Assessment R. Lockwood Tower, et al 36. $100.00 to to it it to 35 122.00 rt n ti it n, 30 94.00 to of It it it 31 88.00 to n it to it 32 93.00 It it to of It 33 109.00 It it It it to 34 116.100 a it It it to 29 The matter of holding a Town Meeting was then dis- cussed. It was decided that, inasmuch as there were no matters that were pressing, to postpone the Town Meeting until the middle of December. Mr. Morse appeared at 8:43 P. M. and retired at 9:00 P. M. The following commitments were signed: Water lien certificate, commitment of Water Rates and Commitment of Water Liens. A true record, Attest: Clerk