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SELECTMENtS 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
Saran 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.
Board. Mr. Paxton said that
action on the request of the
Society for permission to use
the afternoon and evening of
Mr. Rowse moved that the
subject to a fee of $150.00.
and it was so voted.
Paxton appeared before the
the Board had not yet taken
Minute Men Arts and Crafts
Estabrook and Cary Halls in
the week of December 1, 1941.
use of both halls be granted
Mr. Potter seconded the motion
Mr. Paxton retired.
Mr. Wrightington said that Chester C. Steadman, attorney
for George Scott, had given him a draft of an agreement this
afternoon which however, Scott had failed to sign. Mr.
Wrightington said that Mr. Scott did make the statement in
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 tosignit 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
Mr. Sarano said that they had looked over the location and
felt that there could be no objection to the granting of
the permit. There are no houses in the immediate vicinity.
Mr. Rowse moved that the permit be granted. Mr. Saran
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.
G,2
Use of
Hall
Scott
agreement
Applicati or.
to keep
poultry
224
A letter was received from the Appropriation Committee
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 tbansferred from
Trans. the Reserve Fund to the Building Department -Expense Account
for Bldg. and $150.00 had been transferred from the Reserve Fund to
& Plmbg. the Plumbing Department-Exaense Account. The Committee
Insp, authorized these transfers for extra automobile allowance
for the inspectors rather than as extra compensation.
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 matting 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 442.86, for the amount of $150.00 pay -
guaranty able at the rate of 25.00 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.
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
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 matting 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 442.86, for the amount of $150.00 pay -
guaranty able at the rate of 25.00 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.
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The Chairman said that Mr. Edward W. Kimball has
suggested that the Town attempt to repoen the Tax Title
Project. It was decided to request Mr. Frederick J.
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 Committee on the sale of property acquired by
foreclosure of tax titles. The Clerk was instructed to
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
felt that because of the large amount of building in Lex-
ington this year, particularly of very small houses, it
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 followirg Sewer Orders be
adopted. Mr. Potter seconded the motion, and it was so
voted.
ORDER OF
TAKING BY THE TOWN OF LEXINGTON 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)
225
p ;.
Tax Title
Project
Advisory
Committee
Tax titles
Federal
Housing
Proclamaton
Sutherland
Road
Sewer Order
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 Town
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said 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 l 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 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, anal to take by
eminent domain any necessary easements therefore, and for the
purpose of said installation the sum of $80000.00 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
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the 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
by the Town Engineer dated May
and referred to.
the line of location see plan
26, 1941 hereinafter mentioned
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
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 potation. 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 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 loca-
tion.
227
M
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 26, 1941 entitled "Plan of Proposed Sewer in Sutherland
Road, Lexington, Mass. Scale 1 in. = 40 ft. May 26, 19410
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 erected 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
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)
Notary Public
My commission expires Oct. 9, 1947.
•
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN TEE FOREGOING ORDER
ORDER OF
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
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 detail the work to be
• done in constructing the same, have been duly approved by
the State Board of Health and;
Cherry St.
Sewer
Order
SUTHERLAND ROAD
Owner
as
of January
1, 1941 Lot No.
Assessment
Grace
R.
Marvin
5
$202.39
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7
111.44
n
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8
111.44
n
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9
; 114.41
n
rr
rr
10
100.74
n
r►
n
15
161.07
rr
rr
it
16
146.21
it
17
142.66
it
n
rr
18
139.30
"
"
It
19
139.30
ORDER OF
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
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 detail the work to be
• done in constructing the same, have been duly approved by
the State Board of Health and;
Cherry St.
Sewer
Order
230
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 IV. 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 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 emindat
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
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WHEREAS, the location adopted for said sewer is shown
appr6-timately 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:
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
May 26, 1941 entitled "Plan of Proposed Sewer in Cherry
232
Street, Lexington, 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 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. 93,1947.
•
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SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
CHERRY STREET
Owner as of January 1, 1941 Lot No. Assessment
Grace R. Marvin 11 $174.00
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
tt n p It n It 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
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 11:2) P. M.
A true record, Attest;
Clerk
2303