Loading...
HomeMy WebLinkAbout1941-05-19• Ul 16,5 SELECTMEN'S MEETING May 19, 1941 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday, May 19 1941 at 7:30 P. M. Chairman Giroux, Messrs. Potter, Rowse, Locke and Sarano were present. The Clerk was also present. At 7:30 P. M. hearing was declared open upon the petition of the Lexington Homes, Inc. for the approval of the Board of Survey of a plan of Briggs Road in the Lexington Country Club Estates Development. Mr. Norman L. Knipe, Jr. represented the Lexington Homes Inc. Mrs. Mary D. Hatch, Mr. S. R. Wright- ington, Messrs. Cosgrove and Paxton were present. The notice Briggs of the hearing was ready by the Chairman. Road Mr. Knipe said that his company has designed Briggs hearing Road and it would like to proceed to build it so that it could go ahead and construct houses. The Chairman asked if it would be wise to take an easement for a future sewer now and Mr. Cosgrove said that the construction of any sewer would be so far in the future that it would be very difficult to engineer one. Mr. Paxton said that he agreed with Mr. Cosgrove. Mr. Wrightington informed the Board that he was pepresent- ing Mrs. Hatch in a private capacity. Mr. Knipe presented the agreements which Mr. Wrightington said he had drawn up and ap- proved. The Chairman read a letter from the Planning Board recommending the approval of the Briggs Road layout. He also read a letter from the Town Engineer stating that Briggs Road had been checked and found to be satisfactory according to engineering and lotting requirements and also for future development of adjacent areas. The letter said that the necessary easements had been set aside for the discharge of storm water which would otherwise be pocketed at the circular end of Briggs Road. The group retired at 7:45 P. M. Upon motion of Mr. Potter, seconded by Mr. Locke, it was unanimously VOTED: That the Board of Selectmen, acting as a Board of Survey, approve the layout of Briggs Road in the Lexington Country Club Estates as shown on a plan entitled "Plan and Profile of Briggs Road in Lexington, Mass. Scales, Hor. 1" - 4' October 23, 1940, Albert A. Miller, C. E. Lexington, Mass." and as shown on a second plan entitled "Plan of Section No. 1 Lexington Country Club Estates, Lexington, Mass. Scale: 1" n 40' October 23, 1940, Albert A. Miller, C. E., Lexington, Mass. Upon motion of Mr. Potter, seconded by Mr. Locke, it was voted that the agreement between the Town of Lexington and the Lexington Homes, Inc., dated May 19, 1941, upon which the Fidelity and Deposit Company of Maryland was surety, be approved and signed. Mr. Wrightington appeared and presented a letter from Albert E. Lamb, attorney for Richard F. Rodenhiser, contain- ing information that Peter Canessa was using the property of ICanessa the Town of Lexington in doing cesspool cleaning in other out of cities and towns. He said that if the Board decided that Town work Mr. Canessa had no right to use Town equipment out of town, the Town should take action against him itself. At 8:00 P. M. Messrs. Cosgrove and Paxton appeared be- fore the Board to discuss Mr. W. S. Couette's letter dated Blake May 5, 1941 relative to the drainage of the Blake "Castle" "Castle" property. Mr. Wrightington said that this subject was not drainage new to him, that a couple of years ago Mr. Raymond took him up there and they met Mr. Couette on the grounds. At that time Mr. Couette did not mention any claim for damages. The matter was left that the three men were to confer with Mr. Couette and find out exactly what he wanted. The Chairman told the Board that the Building Inspector had been having some trouble because of an oversized sign which stands on Lot 5, Massachusetts Avenue near the corner of Bow Street. The owner has been ordered to remove the sign but neglects to do so. Last week the Clerk wrote Mr. Wright - Sign on ington and requested him to take such action as was necessary Lot 5 Mass. to enforce the removal of the sign. Mr. Wrightington-said Ave. that he went down to the locus on Saturday with Mr. Cosgrove and they met Antonio Chella, the owner of the lot. Mr.Chella said that he didn't want any trouble and that he would be willing to remove the sign at once. Mr. Wrightington told him that he thought he should first determine whether or not he had a contract with the sign company before he did that. Mr. Wrightington said that the sign was a violation of the Building Law rather than the Zoning Law. The Chair- man suggested that Mr. Wrightington write Mr. Gordon Weir of Arlington, the representative of the sign company, and tell him that the sign was a Violation of the Building Law and ask him to remove it. Mr. Rowse suggested that a copy of Mr. Wrightington's letter be sent to the State Department which controls billboards. Mr. Russell appeared before the Board. The Chairman read a letter from him relative to the re - Vote rettirement of Mr. James W, Denney of the Water Department. Retire- Upon motion of Mr. Locke, seconded by Mr. Potter, it was ment VOTED: That the Board of Selectmen of Lexington, as the "Retiring Authority" of the Town of Lexington, under General Laws, Chapter 32, Sections 56 to 60 ihelusive, hereby accepts, under the authority of said Section 60, the said Sections 56 to 59 inclusive of said Chapter 32. VOTED: That the Board of Selectmen of Lexington, acting under the provisions of General Laws, Chapter 32, Sections 56 to 59 inclusive declare that James W. Denney, an employee of the Water Department of the Town of Lexington, • 0 • 0 is eligible to receive a disability pension under the provisions of the s aid Sections. At 9:00 P. M. Chief Sullivan appeared before the Board, relative to the appointment of a person to fill the vacancy caused by the death of Thomas Buckley. The Chairman told him that the Board requested an eligible list and that the name of Maurice E. Woodward of 35 Shirley Street was the only one on the list. The Chairman asked the Chief if he knew anything derogatory to Mr. Woodward's character and the Chief replied in the negative. Chief Sullivan retired. A letter was received from the RCA Manufacturing Com- pany, Inc. advising that the equipment for the new police radio system would be shipped within the next two weeks. The Chairman asked the Chief if it might not be best to do with- out any radio at all until the new ones were received, pro- vid6d the new cars were received and the Chief said that he thought it would be. The Board told the Chief to store the old radio sets in the Police Station when the new ones were received. At 8:45 P. Al. Messrs. Paxton and Garrity and Mr. O'Doherty, a State Forester, appeared before the Board. The Chairman explained that Mr. Garrity was disturbed about the elm leaf beetle situation and if he went ahead and did the work he would like to do in the next six or seven weeks, his appropriation would run out about the middle of October. Mr. Garrity said that if the Board did not want him to go ahead with the work he would stop now. The Chair- man said that he had received calls from some individuals complaining that their trees had not been sprayed, but that some on other private property had been done. He said that the Board had to decide what its policy was to be, whether Mr. Garrity was to go in on private property or not. Mr. Garrity said that he had taken all the names of persons who complained last year and had sprayed their property this year. He said he sprayed for the elm leaf beetle only on private property. The Chairman suggested that a piece be put in the paper saying that the Town would go in on pri- vate property within a certain radius of the historical spots in order to protect them, but would not go on private property for any other reason. Mr. Rowse asked why Mr. Garrity was unable to do the work this year and Mr. Garrity said that in other years he had iN.P.A. labor. He said that six more men would be suf- ficient but he was afraid that he would run out of money, He said he would prefer to get a few extra men from other Town Departments and pay them from Town funds rather than from W.P.A. Winchester and Stoneham had sprayed on private property and assessed the cost upon the owner. It was de- cided to let Mr. Garrity proceed as he desired himself and A7 New police officer Police radio Elm leaf beetle Police officer appointed to advise the Board when he some men on ,AI.P.A. could not then the Board would try to was out of funds, and that if be secured from October on, get a transfer of funds. The eligible list containing the names,of Maurice E. Woodward as being qualified for appointment as a police officer was considered. Mr. Locke moved that Maurice E. Woodward of 35 Shirley Street, be appointed a patrolman in the Police Department in the Town of Lexington, said appointment to be effective as of June 29 1941. Mr. Sarano seconded the motion, and it was so voted. • • is Mr. Paxton appeared before the Board. He said that the American Legion requested the use of Cary Hall on June 21st for an entertainment for some boys Use of hall from Fort Devens. Mr. Potter moved that the use of the hall be granted free of cha0ge. Mr. Locke seconded the motion, and it was so voted. The Chairman said that in discussing the lighting at the Public Works Building with Mr. Paxton, he found that there was further information that the Board should have, so he asked the consent of Messrs. Sarano and Potter to Lighting hold the matter over until this evening. Mr. Paxton said at Public that Mr. John Moakley explained to his satisfaction whir Works Bldg he recommended the pendant fixtures. There was a differ- ence of $23.00 between Hawes' and Moakley's bid but the latter recommended certain switches and the moving of two lights which were not included In the Hawes► bid. Mr. Potter moved that the bid of Mr. John Moakley, of $250.00 for electrical repair work at the Public Works Building be accepted, subject to the money being made available by the Appropriation Committee by a transfer from the Reserve Fund. Mr. Sarano seconded the motion, and it was so voted. At 9:50 P.M. Messrs. Wrightington and Russell appeared. Mr. Russell said that the loan of $25,000.00 which $25,000. the Town borrowed in anticipation of reimbursement from loan from the Federal Government, on the Vine Brook Sewer and Drain Gov't. Project, was due on May 31,'1941, but we have received no money from the Federal Government yet. The Chairman told Mr. Paxton to talk with P.W.A. officials in Washington tomorrow morning to find out when the money would be avail- able. Messrs. Russell and Wrightington retired at 10:00 P.M. A letter was received from Mr. Wrightington to which was attached a bill in the amount of .02£39.44 covering stenographic services in the case of DeCristofaro v. Lex.- ington. • • is Mr. Rowse moved that the bill be approved and charged to the North Lexington Sewer Account. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton said that he had checked on the light at the Adams School and found one street light at the entrance, but none in front of the school building. What the church wants is a light similar to the light on the left of the driveway. Mr. Paxton believed that blthough this was a school driveway and there were meetings going; on in there from time to time, in the evening, it was still a private driveway and another street light should not be installed in it. He thought there should be a light on the school building itself. No action was taken on the matter. Bids were received on curbing as follows: Adams Sch. light Bids on Curbing Bashian complaint Cape Ann Arthur H. E. Quarries, Inc. DeCarteret Fletcher 511x16" $x.85/lin. ft. .56 .56 Straight 5"x16" Curved 1.15/lin. ft. .63 .72 2' Radius Corners 4.75 each 2.90 2.60 Granite Faced Pre -cast concrete Curb: 5 rrxl6" Straights .60/lin. ft. 5t1xl61' .80/lin. ft. Terms: 2% Mr. Locke moved that the bid of Arthur DeCarteret be accepted. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said that he talked with Toras Bashian about the erosion of his banks and the stock fence along Wood St. At the time Wood Street was constructed, approximately ten years ago, Mr. Bedros Bashian requested that the existing wall be removed and there was no request for a stock fence or the replacement of a wall. It was Mr. Paxton's opinion that the request for a stock fence in this location should be refused. He also reported that the retaining wall opposite the Bashian house showed signs of failure which should be repaired in the near future. the year when He said that this could wait until the end of the men were not so busy. Adams Sch. light Bids on Curbing Bashian complaint Mr. A. J. Silva's complaint regarding the stones in the driveway between 673 and 643 Waltham Street was discussed. A.J.Silva Mr. Paxton said that there was friction between Mr. Silva complaint and his neighbor Tor. Ferrazzani. The boulders are out in the right of way and should be removed. Mr. Rowse moved that Mr. Paxton be instructed to take the necessary steps to have the stones removed. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton said that Mr. R. H. Stevens would like to Rent gas rent the gas roller for two or three days and the Town of roller Bedford would like to borrow it for two or three days also. Mr. Sarano moved that the gas roller be rented subject to the usual charge. Mr. Rowse seconded the motion, and it was so voted. Mr. Paxton reported that he had talked with Mr. Hunt about the condition of the sidewalk in front of the Hunt Sidewalk Block and although he was not satisfied with the Board's de - Hunt Bl, cision, he would think the matter over and get in touch with Mr. Paxton later on. A letter was received from the Field and Garden Club ad- vising that that organization objected to the erection of an advertising sign at Depot Square as detracting from the ap- pearance of the square. Mr. Rowse moved that the request of Messrs. Bunker, Sign at Donnellan, and Tobin be -denied because of the Field & Garden Depot Sq. Club's objection and because the sign is oversize. Mr. Sarano seconded the motion, and it was so voted. A letter was received from Alvin's Inc. requesting that St.lights are lights be installed instead of the regular street lights at the business end of Waltham Street. The Chairman re- quested Mr. Paxton to look into the matter. A letter was received from Mr. Gordon D. Richards con- taining his resignation as Acting Building Inspector, said resignation to be effective June 14, 1941. The Clerk was Resigna- requested to invite both Mr. Richards and Mr. Charles E. tion of Ferguson to attend the meeting next week to discuss the Bldg. Ins. appointment of a permanent inspector. A letter was received from Mrs. Mark D. Elliott of 1960 Massachusetts Avenue complaining of the traffic condition Complaint existing at the corner of Harrington Road and Bedford St. re traffic Mr. Paxton said that it would cost $125.00 to put the lights in working order and there was no money provided for this. The Clerk was instructed to tell Mrs. Elliott that the lights were in no condition to operate and that there were no funds available to repair them. Mr. Rowse suggested that Mr. Paxton discuss this matter with the State to see if they might be willing to pay one half the cost of putting in actuators. Mr. Morse appeared before the Board at 10:38 P.M. and retired at 11:20 P. M. The Chairman said that on Tuesday, July 1st, Governors from most of the States of the Union would pass through Lex- ington on their way to the Wayside Inn. He asked if the Board would approve having the flags around the Common flown. Mr. Rowse moved that the suggestion be approved. Mr. Sarano seconded the motion, and it was so voted. The Chairman said that he had noticed that the light- ing on the Capt. Parker statue was very poor at night and he thought it would be nice to have it illuminated very clearly. He asked if the Board would have any objection if he obtained the cost of having proper lighting installed and maintained. The Board had no objection to this. t7l Lighting Minute Man Statue A letter was received from the United China Relief,Inc. appealing for funds for the relief of people in China. The China Clerk was requested to ask Mr. Alan Adams to print some- relief thing about the drive in the paper and to ask the bank to accept any contribution. The Chairman informed the Board that Mr. J. Henry Duffy would be .unable to serve on the committee appointed to study salaries. The matter was held over for one week. Mr. Rowse moved that the following linenses be granted. Mr. Sarano seconded the motion, and it was so voted. Clarence E. MacPhee, 14 Baker Ave. Sunday Sales Elizabeth Burton 38 Colony Road Boarding home for infants George F. Streeter 11 Spencer St. Peddler's License Commitment of water miscellaneous charges in the amount of $423.95 and commitment of sewer miscellaneous charges in the amount of 6V1.95 were signed. Mr; Potter moved that the following orders be signed. Mr. Rowse seconded the motion, and it was so voted. TAKING BY THE TOWN OF LEXINGTOr OF RIGHT OF WAY AND EASEMEET UNDER CHAPTER 504 OF TEE ATS OF 1897 AS AMENDED. SUTHERLAND ROAD (From Taft Avenue southwesterly approximately 375 feet) Licenses WHEREAS, By Chapter 504 of the Acts of the year 1897, en- titled "An Act to authorize the Town of Lexington to construct Suther- a system of sewerage", the same being hereinafter referred to land Rd. as said Act" said Town was authorized, among other things, to Sewer 72 lay out, construct, maintain and operate a system of sewerage with the powers and authority set forth in said Act, includ- ing full power to take by purchase or otherwise any lands, rights of way and easements in said Town necessary for the establishment therein of a system of sewerage or sewage disposal or for any of the purposes mentioned in Section 1 of said Act; and WHEREAS said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS the system hereinafter referred to as about to be constructed, the plans showing in ddail 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, *hieh was duly accepted by a majority of the voters of said town in the manner provided in section 5 thereof, the then Board of Water Commissioners of said Town and the Board of Sewer Commissioners elected under the provisions of said Act (Chapter 504 of 1897) were consolidated in one Board to be called the Board of Water and Sewer Commissioners, with the provision that all the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Board of Water and Sewer Commissioners; and WHEREAS, by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majority of the voters of said Town in 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 Select- men pursuant to law and the provisions of the Acts herein- before 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 systeml 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 7th day of April, 1941 "Voted: That the Selectmen be authorized to install sewer 73 mains in such accepted or unaccepted streets as may be applied for during the year 1941 in accordance with Statute 1897, Chapter 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 $8,000.00 be appropriated and that the Town Treasurer be and hereby is authorized to sell under the direction of and with the approval of the Board of Selectmen bonds or notes of the Town issued and payable in accordance with the law for a period not exceeding eight years," and; WHEREAS the system, as so hairy out, required the construc- tion 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 ap- proximately in the following described line, hereinafter called the "Line of location", viz: Beginning at a point in the southwesterly line of Taft Avenue, thence southwesterly distant about 375 feet to a point. For further description of the line of location see plan by the Town Engineer dated May 19, 1941, hereinafter mentioned and referred to. And whereas the right of way and easement hereinafter de- scribed 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 ane ease- ment, vim; A right of way and easement in and through the land through which the line of location runs in Sutherland 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 Seledt- men 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 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 lo- cation. 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 &ngineer, dated May 19, 1941 entitled "Plan of Proposed Sewer in Sutherland Road, Lexington, Mass. Scale 1 in. = 40 ft. May 19, 1941, John T. Cosgrove, Town Engineertt, 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. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. SUTHERLAND ROAD Owner as of January 1, 1941 Lot No. Assessment Grace R. Marvin n it it n n n n n , n n tt The area which it is expected or advantage other than the generAl community from such improvement is 1 $141.00 2 116.00 3 119.00 4 121.00 21 122.00 22'' 114.00 23 133.00 will receive benefit advantage to the described as follows: The same being lands of Grace R. Marvin. The said area comprises the several lots shown upon the plan hereinbefore referred+to, which are designated in the schedule hereto annexed and made a part hereof. We determine that no damages have been sustained and none are awarded. To have and to hold said right of way and easement"to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever, agreeably to the pro- visions of said Chapter 504 of the Acts of the year 1897 and any and all pertinent acts in amendment thereof or supplemental thereto. • • • • r 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 nineteenth day of May, A. D., 1941. Archibald R. Giroux A. Edward Rowse Errol H. Locke George W. Saran COMMOIT EALTH OF MASSACHUSETTS Middlesex, ss. Selectmen of Lexington Lexington, Mass. May 19, 1941 Then personally appeared the above named Archibald R. Giroux, A. Edward Rowse, Errol H. Locke, and George W. Sarano of the Board of Selectmen aforesaid, 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 Sevier Commissioners of the Town of Lexington, before me, Eleanor M. Lowe (Seal) otary ublic My commission expires Oct. 9, 1947. 75 ?6 ORDER OF • TAKING BY THE TOWN OF LEXINGTOP: OF RIGL� OF 'NAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED AERIAL STREET (From Sutherland Dail southeasterly a distance of approximately 540 feet) V,`HEREAS, by Chapter 504 of the Acts of the year 1897, entitled "An Act to authorize the Town of Lexington to con- struct a system of Sewerage", the same being hereinafter re- ferred to as "said Act", said Town was authorized, among other things, to lay out, construct, maintain and operate a system of sewerage, with the powers and authority set forth in said Act, including full power to take by purchase or otherwise any lands, rights of way and easements in said Town necessary for the establishment therein of a system of sewerage or sewage disposal or for any of the purposes men- tioned in Section 1 of said Act; and WHEREAS said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS the system hereinafter referred to as about to be constructed, the plans showing in detail the work to be done in constructing the same, have been duly approved by the State Board of Health; and WHEREAS, by Chapter 277 of the Acts of the year 1909, which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the then Board of Water Commissioners of said Town and the Board of Sewer Commissioners elected under the provisions of said Act (Chapter 504 of 1897) were consolidated in one Board to be called the Board of Water and Sewer Commissioners, with the provision that all the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Board of Vi'ater 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 'dilater 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 pur- suant to law and the provisions of the Acts hereinbefore referred to, and L 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 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 sewer- age system; and said Board has conformable to law and pur- suant to said vote, laid out such system and is about to con- struct the same; and WHEREAS the Town has on the 7th day of April, 1941 "Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1941 in accordance with Statute 1897, Chapter 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 $8,000.00 be appropriated, and that the Town Treasurer be and hereby is authorized to sell under the direction of and with the approval of the Board of Selectmen, bonds or notes of the Town issued and payable in accordance with the law for a period not exceeding eight years." and WHEREAS the system, as so laid out, required the con- struction of a sewer in the location hereinafter described,:the same to be maintained and used as part of a system of sewage disposal for a part of said Town, and WHEREAS,, the location adopted for said sewer is shown approximately in the following described line, hereinafter called the "Line of location"p viz Beginning at a point in the southeasterly line of Sutherland Road, thence southeasterly distant about 540 feet to a point in the northwesterly line of Daniels Street. For further description of the line of location see plan by the Town Engineer dated May 19, 1941, hereinafter mentioned and referred to. 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 Aerial Street for a sewer, including manholes and appurtenances, said sewer to be laid and 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 repair- ing the same from time to time thereafter; said Town being always bound to see that the ground directly after the com- pletion 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 ex- ceeding 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 May 19, 1941, entitled wFlan of proposed sewer in Aerial Street, Lexington, Mass. Scale 1 in. = 40 ft. May 19, 1941 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 Francis D. and Alice F. Flanagan; Harry Johnson; Paul Johnson, John H. and Lumena M. Porthouse, Harry E. Johnson, Harry and Margurite Melconian, Cleo Doris Richardson, Grace R. Marvin. The said area comprises the several lots shown upon the plan hereinbefore referred to, which are designated in the schedule hereto annexed and made a part hereof. We determine that no damages have been sustained and none are awarded. To have and to hold said right of way and easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever, agreeably to the provisions of said Chapter 504, of the Acts of the year 1897 and any and all pertinent acts in amendment thereof or supplemental thereto. u r. • IN WITNESS WHEREOF the said William G. Potter, Archibald R. Giroux, A. Edward Rowse, Errol H. Locke and George W. Sarano of the Board of Selectmen aforesaid, have hereunto subscribed their names this 19th day of May, A. D., 1941. Archibald R. Giroux A. Edward Rowse Errol iz. Locke George 'E. Sarano COYMO117+dEALTH OF MASSACFUSETTS Middlesex, ss. IvIaj ority of Board of Selectmen Lexington, Mass. May 19, 1941. Then personally appeared the above named Archibald R. Giroux, A. Edward Rowse, Errol H. Locke and Ceorge W. Sarano of the Board of Selectmen aforesaid, 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, Eleanor M. Lowe Notary Public My commistion expires Oct. 9, 1947 SCHEDULE OF ESTIMA_ED BETTERMENTS REFERRED TO It THE FOREGOING ORDER. AERIAL STREET (From the Sutherland Road southeasterly a dis- tance of approximately 540 feet) Owner as of Jan. lst. 1941 Lot No. Assessment Francis D.and Alice F. Flanagan 18 $122.00 ' Harry Johnson 19 122,.00 Paul Johnson 20 122.00 John H and Lumena M. Porthouse 21 129.00 Harry E. Johnson 22 117.00 Harry and Marguriet Melconian 23 112.00 Cleo Doris Richardson 24 112.00 Grace R. Marvin 24 123.00 " ° " 25 119.00 79 n40 ORDER OF TAKING BY T.IE TOWN OF IEXINGTOII OF RIGHT OF lVAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED TAFT AVENUE (From a point about 200 feet northwesterly of Daniels Street northwesterly approximately 280 feet) WHEREAS, By Chapter 504 of the Acts of the year 1897 entitled "An Act to authorize the Town of Lexington to -con- struct a system of sewerage", the same being hereinafter re- ferred to as "said Act", said Town was authorized, among other things, to lay out, construct, maintain and operate a system of sewerage, with the powers and authority set forth in said Act, including full power to take by purchase or other- wise any lands, rights of way and easements in said Town necessary for the establishment therein of a system of sewer- age or sewage disposal or for any of the purposes mentioned in Section 1 of said Act; and NHEREAS said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS the system hereinafter referred to as about to be constructed, the plans showing in detail the work to be done in constructing the same, have been duly approved by the State Board of Health; and WHEREAS,by Chapter 277 of the Acts of the year 1909, which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the then Board of Water Commissioners of said Town and the Board of Sewer Commissioners elected under the provisions of said Act (Chapter 504 of 1897) were consolidated in one Board to be called the Board.of Water and Sewer Commissioners, with the provisions 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 bf 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 • • 0 • WHEREAS said Town by vote passed at a town meeting held on the 10th day of February 1915 authorized and requested said Board of Water and Sewer Commissioners (hereinafter referred to simply as "the Board") to proceed under the provisions of said Act as amended by Chapter 322 of the Acts of the year 1913 and the acts referred to in the first section thereof to lay out, construct, maintain and operate a sewerage system and said Board has conformable to law and pursuant to said vote,laid out such system and is about to construct the same; and WFIEREAS the Town has on the 7th day of April, 1941 "Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be ap- plied for during the year 1941 in accordance with Statute 1897, Chapter 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 $B4O00.00 be appro- priated, and that the Town Treasurer, be and hereby is authorized to sell under the direction bf and with the ap- proval of the Board of Selectmen, bonds or notes of the Town issued and payable in accordance with the law for a period not exceeding eight years," and WHEREAS the system, as so laid out, required the con- struction of a sewer in the location hereinafter described, the same to be maintained and used as part of a system of sewage disposal for a part of said Town, and 'NHEREAS, 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 Taft Avenue, said point being about 200 feet northwesterly of the center- line of Daniels Street, thence northwesterly distant 68.89 feet to a point of curvature, thence bearing to the right with a curve of 746.05 feet radius distant 51.29 feet to a point of tangency, thence northwesterly distant about 160 feetto a point. For further description of the line of location see plan by the Town Engineer dated May 19, 1941, hereinafter mentioned and referred to. 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 pur- pose of providing better drainage as authorized by said Act; Now then, said Board, acting for and in behalf of said Town, hereby takes under the authority of said Act (Chapter 504 of the Acts of 1897) the following right of way and ease- ment, viz: r1 A right of way and easement in and through the land through which the line of location runs in Taft Avenue for a sewer, including manholes and appurtenances, said sewer to be laid and maintained in the ground in substantial accord- ance with said line of location. The easement covered by this taking includes the right on the part of the Selectmen of said Town, or other duly authorized agents of the Town, to enter upon, dig up, open and use the land embraced with- in 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 cleated 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 ec- ceeding twenty (20) feet on each side of the line of location, Betterments will be assessed for this improvement in ac- cordance with the provisions of Chapter 221 of the Acts of 1926. A plan made by John T. Cosgrove, Town Engineer, dated May 19, 1941, entitled "Plan of proposed sewer in Taft Avenue Lexington, Mass. Scale l in. = 40 ft. May 19, 1941, 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 South- ern 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 Grace R. Marvin. 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 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 of supplemental thereto. • C IN WITNESS W=FTREOF the said Archibald R. Giroux, William G. Potter, A. Edward Rowse, Errol H. Locke, and George VV. Sarano of the Board of Selectmen aforesaid, have hereunto subscribed their names this nineteenth day of May, A. D. 1941. Archibald R. Giroux Board A. Edward -dowse of Errol -U. Locke George W. Sarano Selectmen COMMOITVEALTH OF MASSACHUSETTS Middlesex, ss Lexington, Mass. May 19, 1941. Then personally appeared the above named Archibald R. Giroux, A. Edward Rowse, Errol H. Locke and George 'W. Sarano of the Board of Selectmen aforesaid, 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 'later and Sewer Commissioners of the down of Lexing- ton before me, Eleanor Y. Lowe otary Public (Seal) My commission expires Oct 9. 1947 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER • TAFT AVENUE (From a point about 200 feet northwesterly of Daniels Street northwesterly approximately 280 feet.) Owner as of Jan. 1st, 1941 Grace R. Marvin Grace R. Marvin Lot No. Assessment 20 $131.00 26 126.00 The meeting adjourned at 11:30 P. M. A true record, Attest: Clerk—