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HomeMy WebLinkAbout1941-09-22 222 SELECTMEN'S MEETING September 22, 1941 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Lexington on Monday evening at 7:00 P. M. The members of the Board were notified of the meeting by the Clerk by telephone to- day. Chairman Giroux, Messrs. Potter, Locke, Rowse and Sarano were present. The Clerk was also present. The records of the meeting held on September 15th and September 19th were declared approved. Mr. Wrightington and Mr. Paxton appeared before the Board. Mr. Paxton said that the Board had not yet taken action on the request of the Minute Men Arts and Crafts Use of Society for permission to use Estabrook and Cary Halls in Hall the afternoon and evening of the week of December 1, 1941. Mr. Rowse moved that of both use hehallsbegranted s t gr ted � of fee a to subject150.00. Mr. Potter seconded the motion and it was so voted. Mr. Paxton retired. Mr. Wrightington said that Chester C. Steadman, attorney 4110 for George Scott, had given him a draft of an agreement this afternoon which however, Scott had failed to sign. Mr. Scott Wrightington said that Mr. Scott did make the statement in agreement front of Mr. Steadman and Mr. T. A . Custance that he would sign it however. The Chairman said that if the Board signed it that Mr. Scott might refuse to sign it after Town Meeting. There was a general discussion on the votes to be pre- sented at the Town Meeting this evening. Mr. Wrightington retired at 7:32 P. M. Application of Anthony Palhete and Herman Bettencourt for permission to keep 1,000 poultry on 5 3/4 acres of land on Eldred Street was discussed. Both Mr. Potter and Application Mr. Sarano said that they had looked over the location and to keep felt that there could be no objection to the granting of poultry the permit. There are no houses in the immediate vicinity. Mr. Rowse moved that the permit be granted. Mr. Sarano seconded the motion, and it was so voted. The meeting adjourned at 7:45 P. M. and the Board went over to the Cary Memorial Building for the Town Meeting. The Board reconvened at 10:00 P. M. Mr. Morse appeared before the Board. 224 A letter was received from the Appropriation Committee 410 advising that the request of the Board for a transfer of 2nd $450.00 from the Reserve Fund so that a second Rabies Clinic Rabies might be held, was denied. The Appropriation Committee Clinic recommended that all noninoculated dogs be restrained. It denied was decided to take no action on the matter at the present time. A letter was received from the Appropriation Committee advising that the sum of $300.00 had been transferred from Trans . the Reserve Fund to the Building Departmeit-Expense Account for Bldg. and $150.00 had been transferred from the Reserve Fund to 8 Plmbg. the Plumbing Department-Expense Account. The Committee Insp. authorized these transfers for extra automobile allowance for the inspectors rather than as extra compensation. A letter was received from A. Randall Soderberg in- forming the Board that he was forced to submit his resig- nation as a member of the Wage and Salary Committee. The Clerk was instructed to acknowledge Mr. Soderberg's resig- Salary nation with regret and to advise Mr. J. Milton Brown, Comm. Chairman of the Committee, that the Board feels it advisable to continue with the present personnel inasmuch as these members have been serving for some time and it might be difficult for a new member to grasp the situation at this late date. A letter was received from Carl G. Vienot advising 4111 Defense that it would be impossible for him to serve as Chairman Savings of the Defense Savings Committee. It was voted to request Committee Mr. Harold B. Lamont to serve as Chairman of this Committee. A letter was received from Mr. Wrightington relative to the practice of excavating for cellars before a build- Excavat- ing permit is issued. Mr. Wrightington said that in his ing opinion the rule of the Building Inspector 's office per- Cellars mitting excavating for foundations before approval of the plans, should be eliminated and contractors should be in- formed of the change in practice. A letter was received from Mr. Wrightington to which was attached a letter from Mr. Rupert H. Stevens advising Stevens that he would be willing to settle all his water guaranty water bills , amounting to 8442.86, for the amount of $150.00 pay- guaranty able at the rate of 525.00 per month. Mr. Wrightington said that since the letter did not indicate inability to pay, and since Mr. Stevens ' offer was for installments and not cash, he was unable to recommend acceptance of it. It was decided to instruct Mr. Wrightington to bring suit against Mr. Stevens and his surety, Mr. Floyd L. Carr of 83 Merriam Street, Lexington because of the outstanding water guaranty accouhts. • 225 The Chairman said that Mr. Edward W. Kimball has suggested that the Town attempt to repoen the Tax Title Tax Title Project. It was decided to request Mr. Frederick J. Project Spencer, Clerk of the Board of Assessors, to meet with the Selectmen next week to discuss the matter. The Chairman said that Mr. Kimball also suggested that a member of the Planning Board be appointed to the Advisory Advisory Committee on the sale of property acquired by Committee foreclosure of tax titles. The Clerk was instructed to Tax titles advise the Planning Board to appoint one of its members to serve on this Committee. A letter was received from the Federal Housing Ad- ministration urging that a proclamation be issued to en- courage property owners to remodel and create additional rooms, apartments, rentable dwellings, etc. The Board Federal felt that because of the large amount of building in Lex- Housing ington this year, particularly of very small houses, it Proclamaton would not be necessary to do anything to encourage in- creased housing. A report of the Board of Retirement for the month of August was received. The School Lunch Deports for July and August were re- ceived. Mr. Locke moved that the following Sewer Orders be adopted. Mr. Potter seconded the motion, and it was so voted. Sutherland Road ORDER OF Sewer Order TAKING BY TPa TOWN OF LRX,INGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED SUTHERLAND ROAD (From Cherry Street southwesterly approximately 540 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 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 226 WHEREAS said Town of Lexington duly accepted said Act • in the manner provided therein; and WHEREAS the system hereinafter referred to as about to be constructed, the plans showing in detail the work to be done in constructing the same, have been duly approved by the State Board of Health; and WHEREAS, by Chapter 277 of the Acts of the year 1909, which was duly accepted by a majority of the voters of said town in the manner provided in section 5 thereof, the then Board of Water Commissioners of said Town and the Board of Sewer Commissioners elected under the provisions of said Act (Chapter 504 of 1897) were consolidated in one Board to be called the Board of Water and Sewer Commissioners, with the provision that all the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Board of Water and Sewer Commissioners ; and WHEREAS, by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majority of the voters of said Town in 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 4I/1 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 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 therefore, and for the purpose of said installation the sum of $8,000.00 be appro- priated and that the Town Treasurer be and hereby is author- ized to sell under the direction of and with the approval of 4111 227 Sthe Board of Selectmen bonds or notes of the Town issued and payable in accordance with the law for a period not ex- ceeding 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" , viz: Beginning at a point in the southwesterly line of Cherry Street, thence southwesterly distant about 197 feet to a point in the northeasterly line of Cary Street, thence southwesterly distant about 344 feet to a point in the northeasterly line of Taft Avenue. For further description of the line of location see plan by the Town Engineer dated May 26, 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 : 410 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 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 Select- 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 pur- pose 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 a t 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 loca- tion. 228 Betterments will be assessed for this improvement in 41111 accordance with the provisions of Chapter 221 of the Acts of 1926. A plan made by John T. Cosgrove, Town Engineer, dated May 26, 1941 entitled "Plan of Proposed Sewer in Sutherland Road, Lexingb) n, Mass . Scale 1 in. = 40 ft. May 26, 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 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 4110 any and all pertinent acts in amendment thereof or supplemen- tal 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 sub- scribed their names this twenty-second day of September, A. D. 1941. Archibald R. Giroux Selectmen William G. Potter Errol H. Locke of A. Edward Rowse George W. Sarano Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss Lexington, Mass. September 22,1941 Then personally appeared the above named Archibald R. Giroux, William G. Potter, 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 Sewer Commissioners of the Town of Lexington, before me, Eleanor M. Lowe (Seal ) 111 Notary Public My commission expires Oct . 9 , 1947. 229 4111 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN TEE FOREGOING ORDER SUTHERLAND ROAD Owner as of January 1 , 1941 Lot No. Assessment Grace R. Marvin 5 $202.39 n n n 7 111.44 " " " 8 111.44 n FI n 9 114.41 n rr Fr 10 100.74 n r► n 15 161.07 " " 16 146.21 " " '► 17 142.66 n n FF 18 139.30 " " 19 139.30 ORDER OF 4111 TAKING BY THE TOWN OF LEXINGTON OF RIGHT OF WAY AND EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED CHERRY STREET (From a point about 193 feet northwesterly of Taft Avenue northwesterly approxi- mately 205 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 Cherry St. otherwise any lands, rights of way and easements in said Sewer Town necessary for the establishment therein of a system Order 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; 230 WHEREAS, by Chapter 277 of the Acts of the year 1909, 1110 which was duly accepted by a majority of the voters of said town in the manner provided in section 5 thereof, the then Board of Water Commissioners of said Town and the Board of Sewer Commissioners elected under the provisions of said Act (Chapter 504 of 1897) were consolidated in one Board to be called the Board of Water and Sewer Commissioners , with the provision that all the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Board of Water and Sewer Commissioners; and WHEREAS, by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majority of the voters of said Town in 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 pro1110 - visions of said Act as amended by Chapter 322of 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 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 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 $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 Select- men bonds or notes of the Town issued and payable in accord- ance 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 1111 i 231 WHEREAS, the location adopted for said sewer is shown apprftimately in the following described line, hereinafter called the "Line of location", viz : Beginning at a point in the centerline of Cherry Street, said point being about 193 feet northwesterly of the north- westerly line of Taft Avenue, thence northwesterly 2.85 feet to a point of curvature thence bearing to the left with a curve of 592.59 feet radius distant 51.71 feet to a point of tangency, thence northwesterly distant 82.78 feet to a point of curvature, thence bearing to the right with a curve of 118.27 feet radius distant 63.33 feet to a point of tangency, thence northwesterly distant 3.86 feet to a point. For further description of the line of location see plan by the Town Engineer dated May 26, 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 Acts; 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 : 4110 A right of way and easement in and through the land through which the line of location runs in Cherry 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 ac- cordance with the provisions of Chapter 221 of the Acts of 1926. A plan made by John T. Cosgrove , Town Engineer, dated 410 May 26, 1941 entitled "Plan of Proposed Sewer in Cherry 232 Street , Lexir;gton, Mass. Scale 1 in. = 40 ft. , May 26, 1941 4111 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 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. 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 sub- scribed their names this twenty-second day of September, A.D. 1941. Archibald R. Giroux Selectmen Errol H. Locke William G. Potter of George W. Sarano A. Edward Rowse Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass . Sept . 22, 1941 Then personally appeared the above named Archibald R. Giroux, William G. Potter, 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 Sewer Commissioners of the Town of Lexington, before me , Eleanor M. Lowe Notary Public (Seal) My commission expires Oct. 9,1947. 4111 233 1 4111U BETTERMENTS SCHEDULE OF ESTIMATED REFERRED TO IN THE FOREGOING ORDER CHERRY STREET Owner as of January 1 , 1941 Lot No. Assessment Grace R. Marvin 11 $174.00 " tt ti 14 161.00 Mr. Locke moved that the following licenses be granted: Mr. Sarano seconded the motion, and it wasso voted. John S. Burns, 97 Mass. Avenue Common Victuallers IT tt a it n ft Overhanging Sign It was decided to have the Town Accountant in next week to discuss the status of the P. W. A. Projects. It was also decided to have Chief Sullivan meet with the 1111 Board next week to discuss the matter of loafers in the Town. Water Guaranty abatements in the amount of 299.42 were approved. The meeting adjourned at 11:20 P. M. A true record, Attest : _______vig.„.....")/0"-"4- Clerk 41, 1