HomeMy WebLinkAbout1941-09-29SELECTMEN'S MEETING •
September 29, 1941
A regular meeting of the Board of Selectmen was held in
the Selectmen's Room, Town Office Building on Monday evening,
September 29, 1941 at 7:30 P.M. Chairman Giroux, Messrs.
Potter, Locke and Sarano were present. The Clerk was also
present.
At 7:32 P. M. Mr. James J. Carroll, Town Clerk, appeared
before the Board for the drawing of a juror. Mr. Donald B.
'Juror Love, salesman, of 1651 Massachusetts Avenue was drawn to
serve on Criminal Business at Cambridge, First Session be-
ginning October 20, 1941.
Mr. Carroll informed the Board that he had received two
informal bids and one formal bid on the loan of 15,000.00
for a period of one year in anticipation of reimbursement on
Loan Chapter 90 work. The Lexington Trust Company was low with a
bid of .23% discount.
Mr. Locke moved that the bid of the Lexington Trust Co.
be accepted. Mr. Potter seconded the ;notion, and it was so
voted.
At 7:36 P.M. hearings were declared open on three pole
location petitions on Wood Street. The first two of these
were scheduled at 7:30 and 7:35 P.M. The Chairman said that
Pole they were being taken up together in order to save time.,
location Messrs. Frank Maguire, Toros Bashian, James Redman, Elmer
Stevens and Mr. and Mrs. Daudlin were present at the hearing.
The Chairman read the notice of the hearings. The
people looked at the plans. Mr. Daudlin said that a represen-
tative of the New England Telephone & Telegraph Company re-
quested permission to guy some of the wires to one of his
trees and he did not want that to happen, otherwise he had
no:•objection. Mr. Stevens said that a pole was now in front
of his house and he did not want to have it removed. Other
than these, there were no objections and the hearings were
declared closed at 8:00 P. M.
Mr. Frederick Spencer appeared before the Board.
He read a letter addressed to Clayton W. Beach by
Dennis W. Delaney, State Administrator of W.P.A., stating
that it would be impossible to open the Tax Title Project.
'Tax Title The Chairman thought that the Board should write Mr.
Project Delaney a letter and point out the reasons that it is im-
portant to have the project continued. He said that it
was through this region that Route 128 probably would pass
and because of the confusion in titles, it will make it
difficult for the State when it is ready to build the road.
He also thought it would be a good idea to write the State
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Department of Public Works and request that it urge Mr.
Delaney to open the project. Mr. Spencer said that there
was a balance of $1140.00 in Town funds left.
Mr. Spencer retired,
At 8:05 P.M. Chief Sullivan appeared before the Board.
The Chairman told him that he was asked to appear be-
fore the Board on a request of Mr. Rowse, who had had com-
plaints because of the loiterers in the Center. The Chair- Loiterers
man said he did not know if Mr. Rowse had anything particu-
lar to speak to him about and he suggested that it might be
well for Mr. Rowse to stop in at the Police Station and
talk with the Chief.
The Chief retired at 8:09 P.M.
Mr. Charles W. Ryder appeared before the Board. The
Chairman said that Mr. Ryder had come in to see if he could
induce the Board to give its support in urging the Federal
Government to purchase some eighty acres of Mr. Ryder's land
off Waltham Street for the establishment of a National Park.
Mr. Ryder said he believed that the United States should
National
have a National Park in Lexington to celebrate the birthplace
Park
of American liberty. He said that if a park was established,
the Tuwn of Lexington and the United States Government would
be very proud of it. The Chairman told Mr. Ryder that the
Board would talk the matter over and advise him. Mr. Ryder
said that the Department of National Parks did not have an
appropriation set aside for purposes of this sort. There
would have to be a specific bill and the money would have
to be appropriated.
Mr.•Ryder retired at 8:15 P.M.
The Chairman said that most people he had talked with
about this thought it would be a nice idea but felt that the
land was ideal for development and would bring additional
income to the Town if built upon. It was decided to inform
Mr. Ryder that the Board could not approve the project as a
Board without the approval of the Town, but that it would
submit the matter to the Town for consideration at the next
Town meeting.
A letter was received from Mr. Wrightington asking If
the Town wanted him to examine the title to the land at the
corner of Waltham Street and Park Drive which is to be pur-
Title to
chased from the Lexington Trust Company.
be eikamim
Mr. Potter moved that Mr. Wrightington be instructed
to make an examination of the title. Mr. Locke seconded
the motion, and it was so voted.
The Chairman told the Board that the Appropriation
Committee had approved the transfer of $150.00 from the
Reserve Fund to the Plumbing Department and $300.00 to the
Building Department but had authorized the transfers for
Transfers
extra automobile allowance. He asked if the Board ap-
for Bldg.
proved this. Mr. Potter said that it was his understanding
Plmbg. Ins,
236
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that these were to be outright bonuses for 1941 and that
he for one did not approve of having the amounts added to
the automobile allowance. The rest of the Board felt the
same way and the Clerk was instructed to notify the Appro-
priati.on Committee as to the Board's feelings in the matter.
A letter was received from Mr. Wrightington relative
to Chapters 402 and 588 of the Acts of 1941 relating to
Civil Service protection of the members of the Welfare De -
Civil
partment. Mr. Wri htin
g gton said that persons now in office
Service
who had passed the qualifying examination had unlimited
Welfare
tenure and could be removed from office only for cause.
Dept.
A letter was received from Mr. Garrity asking if the
Board wished to publish a notice with reference to assess -
Insect
ing on private property owners the cost of insect suppres-
Suppres-
sion.
sion
Mr. Potter moved that the notice be inserted in the
paper for three weeks in October. Mr. Sarano seconded the
motion, and it was so voted.
A letter was received from Mr. Harold B. Lamont stating
Defense
that he would be unable to serve as Chairman of the Committee
to sell defense bonds. The Chairman said that he would try
Bonds
to get some one to act as Chairman of this Committee.
Committee
A tax bill of 021.00 for the dam in Burlington was re-
ceived.
Mr. Locke moved that the bill be charged to Unclassified.
Mr. Potter seconded the motion, and it was so voted.
The Chairman informed the Board that the Public Health
Association had requested the Board of Health Agent to write
three residents of Lexington who are arrested aases of tuber-
T.B.
culosis to find out if they would be willing to have the
,cases
Public Health nurse call on them for checkups or if they would
be willing to have their physician contacted. All three of
these persons had requested previously that their case be
not followed by the Board of Health-.
The Chairman told the Board that two of the persons re-
ferred to were on the Board of Directors of the Public Health
Association. It was the feeling of the Selectmen that inas-
much as the Public Health Association has been handling the
tuberculosis work for the Town, that it should do all of it
and that the Board of Health should not interfere. If it
does not do all of it, then it should do none of it and the
Board of Health should take it over. The Clerk was instructed
to so notify the Public Health Association.
The Chairman told the Board that at the Annual Town
Meeting the moderator was instructed to appoint a committee
for the study of the Civil Service question for Town employees.
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Last July he wrote Mr. Holt and asked if the committee had
been appointed and was told that it had not. Nothing has
been done on it to date...
At 8:30 P.M. Mr. Ralph S. Carville of 76 Bertwell Road
appeared before the Board. Mr. Carville said that he pur-
chased his house after having had a qualified builder ex-
amine it.,After he moved in, he found that the cellar sills
were sitting on pieces of shingle and that the blocks were
not filled along the top. Mr. Carville had various other
complaints and thought that he would have redress against
the Town for improper building inspection, but found but
tonight that he did not have. He told the Board that he
thought it was very important to have good inspection so
that people would get value for their money.
Mr. Carville retired at 8:45 P.M.
The Chairman said that on September 26, 1941 he tried
to reach all members of the Board and was successful in
reaching Mr. Potter and Mr. Locke by telephone. They, with
himself, constituted a majority of the Board. Mr. Giroux
asked their permission to take from the Water Department
files water meter card #2750 covering the account of Busa
Brothers on Lowell Street. The two members of the Board he
called, approved of his action. He said that the card was
turned over to the District Attorney's office. It had been
Indicated that a large figure on the card had been changed
by the amount of 1000000 cubit feet, which under the rates
to farmers would mean that the bill going out was some
$21x.00 less than it should have been.
Mr. Locke moved that the Chairman's action be approved.
Mr. Sarano seconded the motion, and it was so voted.
At 9:07 P. M. Mr. William O'Connor, Vlater Department
employee, appeared before the Board.
The Chairman said that Mr. O'Connor had requested per-
mission to see the Board so that he might state his case
in regard to the notification that he received terminating
his services with the Town as of September 30, 1941. The
Chairman said that Mr. O'Connor told him that he was abso-
lutely innocent of any wrong doing while acting as an em-
ployee of the Town or before. The Chairman had assured him
that the Board in no way intended to reflect on his integrity
but was terminating his services as a matter of public policy
and told him that he felt that either he should have known
something was wrong or it indicated stupidity on his part.
The Chairman asked Mr. O'Connor if he disagreed with what he
just said and he said that he had not misstated any of the
facts.
Mr. O'Connor said that it was the custom when he was
reading meters to read garden pits every three months and
it is a fact that some of them are read only twice during
the year.
23?
Civil
Service
Committee
Complaint
water
dept.
23$
The latter are read when put in and when taken out. The
garden pits are now being read about six times a year to
Mr. O'Connor's twice. He said that naturally when he got
around to taking the readings everything was all right and
he saw nothing wrong with them. He always had a man with
him when reading pit meters. The Chairman asked why he had
a man with him. Mr. O'Connor said that reading pit meters
was a dirty job and sometimes required two men. It always
had been the custom to have a man accompany the reader and
it is still being done. The Chairman asked if he ever had
any reason to believe that there was anything wrong in the
matter of meter readings or in the whole department. Mr.
O'Connor said that it never entered his mind that anything
was wrong --- no one ever said anything to him. The Chair-
man asked again if he had any reason to believe that any-
thing was wrong and he replied in the negative. The Chair-
man asked him if he spoke to him and to another member of
the Board saying that a figure on a certain meter card in
the Water Department had been changed, and he said that he
did. The Chairman said that he also told him that he was
prepared to swear under oath to the fact that the number
had been changed and Mr. O'Connor said that that was true.
The Chairman said that that meter card was turned over to
the District Attorney's office last,Friday. He said that
Mr. O'Connor stated emphatically that on the reading he
took, the first figure was an "S" and that it was changed
to a "7" and that would make a difference of 100,000 cubic
feet. He asked Sow Mr. O'Connor happened to notice that the
figure had been changed. _Mr. O'Connor said that he was
through reading and took his vacation. When he came back,
he was going to start on another section and was in the
office. The girl had a job slip on the removal of the Busa
meter and she asked him if he turned in the meter for leak-
ing. He told her that he hadn't and that the meter was all
right when he read it. To check, he looked in his book as
when a meter leaked he usually made a note of it. He told
her that he did not turn it in as leaking. When he looked
in his book, he found that the reading on the meter card
did not agree with the figure on the job slip. The Chair-
man asked who the girl was that he talked with and he said
it was Miss Harvey. The Chairman asked who got the slips
after the work was done and Mr. O'Connor said he supposed
it was the girl who did the billing. The Chairman said that
this event occurred in 1939 and he asked who the girl doing
the billing was then. Mr. O'Connor said it was Miss Hayes.
The Chairman said that there had been a strong story
around that Mr. O'Connor kept a black book of his own in
which he recorded some of the meter readings for his own
sake. He asked if that was true. Mr. O'Connor replied that
it was absolutely untrue -- that he kept no extra black book
of his own.
The Chairman asked him if he ever noticed any other
figures that he thought were changed and he replied in the
negative.
Mr. Paxton appeared before the Board.
The Chairman told him that the Board wished to notify
him officially that Mr. William O'Connor's services with the
Water Department had been terminated as of September 30,
1941 and that Mr. Joseph A. Ross' services as Supt. of the
Water and Sewer Department had been terminated as of October
153, 1941. The Board wished to notify him that as of October
16, 1941, the direct operation and control of the Water and
Sewer Department would be turned over to him and if he had
any recommendations to make to the Board, the Board would be
glad to receive them on Tuesday, October 14, 1941.
239
Mr. Potter asked 'now it happened that the new meter reader
discovered the Wilson matter and why O'Connor hadn't dis-
covered it. Mr. O'Connor said the reason was that he read
only every three months and the new meter reader takes the
reading every month. Mr. Sarano asked if he reported to the
Supt. of the Water Department that there was a service at
Wilsons that did not have a meter on it and he said that he
did. Mr. Sarano asked if he reoorted any other service with-
out a meter and Mr. O'Connor said that last year he reported
on the DeVincent pit near Mr. Potter's farm. He thought it
was in August, 1940. Mr. Sarano asked what he noticed there.
Mr. O'Connor said that the water happened to be running and
the meter was going all right but did jump a little so he
reported it and they found that the meter was not working
right. The Chairman asked if he knew that anything was being
done to correct it and he said that he didn't, that he merely
reported it. The Chairman asked if it was all right when he
went back again and Mr. O'Connor said that when he went back
it was in November and the meter had gone only a few feet. He
believed that they were not using the water then however.
Mr. Sarano asked if he noticed many seals broken. Mr.
O'Connor said that lots of them were broken; that sometimes
the glass is steamed and they have to break the seals in
order to get the reading. Mr. Sarano asked if.he noticed
many seals broken that he did not break. Mr. O'Connor said
that he couldn't say, but that there were plenty that were
broken. Mr. Sarano asked if he noticed anything irregular
at DeVincent's and Mr. O'Connor said that he -.did not. Mr.
Sarano asked if there was any other garden where he noticed
any irregularities and he said that there was not. The Chair-
man asked him if he had anything else he wanted to say and he
replied in the negative. The Chairman said that he told Mr.
O'Connor that he certainly appeared to be in a bad light --
either negligence or stupidity -- and Mr. O'Connor said that
he was innocent of the whole thing. The Chairman told him
that he believed that if he could prove his innocence, the
Board would do all it could to keep him in some capacity in
the Town employ.
Mr. O'Connor retired at 9:25 P. M.
Mr. Paxton appeared before the Board.
The Chairman told him that the Board wished to notify
him officially that Mr. William O'Connor's services with the
Water Department had been terminated as of September 30,
1941 and that Mr. Joseph A. Ross' services as Supt. of the
Water and Sewer Department had been terminated as of October
153, 1941. The Board wished to notify him that as of October
16, 1941, the direct operation and control of the Water and
Sewer Department would be turned over to him and if he had
any recommendations to make to the Board, the Board would be
glad to receive them on Tuesday, October 14, 1941.
239
Mr. Paxton asked if it was the Boardfs wish to close
Town the Town Office Building and the Public '+Yorks Department
Offices on October 13th. The Board told him to close down com-
pletely on October 13th.
Mr. Paxton said that Mr. Malcolm Bunl.er wanted to know
if the Board would increase the rate of the rental of Esta-
Hall brook Hall to the Minute Man Arts & Crafts Society if admis
Rental sion was charged to the lectures in Estabrook Hall. The
Board did not wish to increase the rental charge.
Mr. Paxton said that Mrs. Robert C. Merriam had re-
quested the use of Estabrook Hall from 10:30 A.M. to 12:00
Use of noon on the mornings of Tuesday and Thursday or Friday of
Hall this week for the Air Raid Wardens.
Mr. Locke moved that the use of the hall be granted
free of charge. Mr. Potter seconded the motion, and it was
so voted.
Mr. Paxton said that the Lexington Community Chestre-
quested the use of Estabrook Hall on the evening of October
6th.
Mr. Locke moved that the use of the hall be granted
free of charge. Mr. Potter seconded the motion, and it was
so voted.
Mr. Paxton said that the Red Cross requested the use .
of,a conference room on October lst.
Mr. Potter moved that the use of the room be granted
free of charge. 1Ir. Locke seconded the motion, and it was
so voted.
Mr. Paxton said that the New England Telephone & Tele-
N.E.Tel. graph Company had requested permission to change the loca-
Conduits tion of its conduits at the corner of Massachusetts Avenue
and Wood Street.
Mr. Sarano moved that the Order be signed. Mr. Locke
seconded the motion, and it was so voted.
Mr. Paxton said that Mr. Eugene Viano had requested a
cross walk in front of his block and that evidently the
Cross First National Stores had asked him for it. The cross walk
Walk would be approximately in front of the main entrance to the
new building. Mr. Paxton thought it would be all right and
the Board had no objection.
Mr. Paxton said that they probably would have the same
Trucks problem this winter on snow removal as they had last year.
for snow Last dear they had difficulty in getting trucks to plow and
removal some times it was four or five hours after they were called
before they got here. He said that undoubtedly he would
have to use all available equipment owned by the Town.
LJ
Mr. Garrity has a truck which i
plowing snow, but might be made
He talked to him about it, but
him.
s not really suitable for
into an auxiliary unit.
will go into it further with
He said that the State pays $2.50 per hour for similar
built up trucks equipped with 9:00 x 20 tires and with dual
transmissions. The Lexington Sand & Gravel Company has two
such trucks and R. H. Stevens has one. No doubt the Town
will want to use them this winter and he wanted to arrive
at some price per hour. Mr. Wagner thouht he should get
$5.00 per hour but finally came down to 54.00 per hour. Mr.
Paxton did -not feel that he could authorize paying $4.00
an hour in view of the fact that the State pays only 02.50
per hour. He said that he would need the trucks however.
The Chairman said that because the State has been paying
02.50 per hour, it doesn't mean that they will get the
trucks for that this year. He asked if.Mr. Paxton thought
the Town should hire Wagner's and Stevenst trucks and Mr.
Paxton replied in the affirmative.
Mr. Potter moved that Mr. Paxton be authorized to
hire Wagnerts and Stevens' trucks. Mr. Locke seconded the
motion, and it was so voted.
Mr. Paxton said that the Follen Road job was nearly
completed but there are two sections on which the Board
• might receive some complaints. The loaming and seeding of
grass plots has not bee completed from the Sacred Heart
Church to Pinewood Street. The reason for this is the dry
weather. Secondly, the stone wall from Summit Avenue to
the Ripley property has not been built as Mr. Paxton could
not hire a stone mason. However, Joseph Walsh will be avail-
able a little later on to do this work.
Mr. Paxton gave a report of progress on the Oak Street
Sewer. He asked what the policy of the Board was going to
be on this job. He said he would like to see it graded from
Carville Avenue to Butler Avenue and requested approval of
this. The Board had no objection.
Mr. Paxton said he had 22 men on the sewer job, 2 of
whom are from Waltham. Nine men are working on the topo
project and eighteen women are working on the School Lunch
project.
Mr. Paxton spoke of the complaint to the Board from
Joseph Belcastro relative to the ditch on his land. Mr.
Paxton said that the ditch was cleaned out last spring,
but because he was so busy with construction work, he
could not spare any men but as soon as the work slacks up,
he will have the ditch cleaned out.
Mr. Parton said that he had checked up on the Cary
Avenue assessment sheet and found that out of the forty
names only thirteen had signed the paper.
Follen
Road
Oak Street
Sewer
Complaint
re: ditch
This is approximately 33-1/3% of the abutters and according
Cary Ave. to the policy we have been operating under, there should be
assessment 75%. There is $100,000.00 wcrrt.h of property affected and
$67,000.00 worth is covered.by signature. He said that it
seemed to him that it would be very difficult to collect the
assessments. It was decided to hold the matter up for a
couple of weeks.
Mr. Paxton read a'letter from Mr. Garrity relative to
Pence, the fence at the Parker School. Mr. Grindle called Mr.
Parker Garrity's attention to the hole in the fence and asked him
School to repair it. Mr. Garrity said the fence was pretty well
broken down and he would not recommend.spending much money
repairing it, and suggested that it be replaced with a new
fence. The estimated cost is $1.72 per foot and the fence
would be 595 feet long. The Chairman suggested that the new chain link
fence be included in the Park Department budget next year.
The Chairman requested Mr. Paxton to place two "Drive--
Childred--Slow" signs on Hancock Street; one on the right
Signs hand side just.above the railroad tracks and the other on
side about opposite the Hancock Clarke House.
Mr. Sarno moved that this be approved. Mr. Locke
seconded the motion, and it was so voted.
The Chairman said that the Board should meet with Mr.
Wrightington and Mr. Paxton to discuss the Moreland Avenue
question. It was decided to meet with these two gentlemen .
on October 20, 1941.
Mr. Paxton retired at 9;26 P.M.
A letter was received from Mr. Wrightington saying that
Stevens' Rupert Stevens had offered to pay his outstanding water
water guaranty account at,the rate of w20.00 per month.
guaranty Mr. Potter moved that Mr. Stevens' offer be accepted.
Mr. Locke seconded the motion, and it was so voted.
A letter was received from Mr. Wrightington to which
jCounsel's was attached his bill in the sum of X100.00 for services in
'bill the case of Albert P. Rounds v. Town of Lexington.
Mr. Locke moved that the bill be approved for payment
and charged to the North Lexington Sewer Account. Mr. Potter
seconded the motion, and it was so voted.
A letter was received from Mr. Wrightington to which
:Counsel's was attached a bill in the sum of $150".00'for reimbursement
bill to Mr. Nathan M. Bidwell for services in connection with the
Central Block question. Mr. Wrightington approved the bill.
Mr. Locke moved that the bill be approved and charged
to the Law Denartment-Personal Service Account. Mr. Potter
seconded the motion, and it was so voted.
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Omitted from meeting of September 29, 1941
An application for common vietualler's entertainment
license was received from Countryside Inc.
Mr. Potter moved that the license be granted but that
the proprietor, Mr. Currier, be informed that uhder no
circumstances is dancing to be allowed at any time. Mr.
Sarano seconded the motion, and it was so voted.
A letter was receRvi d fro�y,,,Mr. *T. A. Custance rela-
tive to the Scott Block. He recommended that a committee
bf three be appointed to study the situation and suggested
the names of William H. Ballard, George C. Sheldon and
George Mallion. It was the feeling of the Board that in
view of the action taken at the Town Meeting, the Select-
men should take no action on Mr. Custance's suggestioh.
The members Belt that if the Chamber of Commerce wished to
appoint such a committee to work out some solution and
present it to the Board, it would have no objection.
Mr. Potter retired at 10:10 i.M.
Mr. Morse appeared before the Board at 10:10 P.M. and
retired at 10:35 P.M.
License
Scott
Block
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A letter was received from William A. Cann, Acting Build-
ing Inspector, informing the Board that the foundation wall
at 201 Follen Roar'. had cracked.
A letter was received from Mr. Morse saying that Mr.
Wrightington requested instruction from the Board to bring Action of
action of contract against the administrators of the es- contract,
tates of Catherine E. Meek and Philip E. Leaf. Meek -Leaf
Mr. Locke moved that Mr. Wrightington be instructed
to bring suit. Mr. Sarano seconded the motion, and it was
so voted.
A letter was received from Mr. Luther Putney, Chairman
of the Committee on Public -Safety, requesting authority to
use 0175.00 for the establishment of a permanent report Report
center. The Clerk was instructed to tell Mr. Putney that Center
it was understood that the article in the warrant for the
September 22, 1941 Town Meeting was withdrawn because the
committee had made arrangements with the Appropriation Com-
mittee to get transfer, when necessary. The Board felt that
the matter of permanent headquarters was something that
should not be discussed without considerable thought given
to it and it was further thought that a subcommittee of the
Committee on Public Safety should study the question and sub-
mit its recommendation to.the Board.
Mr. Locke moved that Mr. Cann be instructed to issue
the building permit to George Scott provided he complies Scott
with all Town By-laws, and regulations. Bldg.
Mr. Sarano seconded the motion, and it was so voted. permit
Mr. Sarano moved that the Sunday licenses for George
W. Beams golf driving range for the month of October be
signed. Mr. Locke seconded the motion, and it was so voted.
Commitment of water rates, water betterment assessments,
sewer betterment assessments and water liens were signed.
Mr. Sarano moved that the following drainage assessment
be adopted. Mr. Locke seconded the motion, and it was so voted.
ORDER OF TAKING= BY TIE TOWS OF LEXINGTON
OF A RI(',I'.T OF WAY AT',D EASEVENT UNDER
TFE ACTS OF 1926, CHAPTER 263
WF=EREAS by Chapter 263 of the Acts of the year 1926, en-
titled "An Act Relative to Improving the Surface and Ground
Drainage in the Town of Lexin)-ton and in Adjoining Towns",
said Town was authorized, amon(7 other things, to improve
014
Beginning at a point, said point being the intersection
of the easterly line of Bow Street with the center line of
Winn Avenue, thence easterly along said center line distant
140.00 feet to a point in the westerly line of Rindge Avenue,
for a distance of 20 feet on each side of said line of loca-
tion.
Beginning at a point, said point being the intersection
of the northerly line of Winn Avenue extended with the center
line of Rindge Avenue, thence ::Southerly along said center
line distant 245.00 feet to a point, for a distance of 20
feet on each side of said line of location.
Beginning at a point, said point being the intersection
of the easterly line of Rindge Avenue with the lot line be-
tween lot 215 and lot 216 thence easterly along said lot
line distance 82 feet to a point, for a distance of 5 feet on
each side of said line of location.
The above descriptions refer to a plan entitled "Plan of
Proposed Easements for Drains in Rawson Ave., Winn Ave.,
Rindge Ave., and Right of Way, Lexington, Mass., Sept. 26, 1941
Scale: 1 in. = 40 ft., John T. Cosgrove, Town Engineer," and
brooks, streams and water courses, and for the purposes set
forth therein to take in fee simple or otherwise land or any
right of easement in land, including any brook, stream, pond
or water course or any part thereof; and
WHEREAS the said Town of Lexington duly accepted said
Act in the manner provided therein; and
WHEREAS Arch bald R. Giroux, William G. Potter, A. Edward
Rowse, Errol H. Locke, and George W. Sarano, citizens and resi-
dents of the said Town have been duly qualified and are now the
duly elected, qualified and acting Board of Selectmen pursuant
to law and the provisions of the Act above referred to; and
WHEREAS the Town on the 31st day of March, 1941, "Voted:
That the following amount be appropriated and assessed for the
current year: Surface Drainage Construction, Wages & Expenses,
$5,700.00."
WHEREAS the Selectmen have designated the locations of
easements to be taken for the construction of a drain in Rawson
Avenue, Winn Avenue, Rindge Avenue and Right of Way as follows:
Beginning at a point in the center line of Rawson Avenue,
said point being easterly and distant 50.00 feet from the inter-
section of said center line with the center line of Bow Street
extended, thence westerly along the center line of Rawson Avenue
distant 100.00 feet, for a distance of 20 feet on each side of
said line of location.•
Beginning at a point, said point being the intersection
of the easterly line of Bow Street with the center line of
Winn Avenue, thence easterly along said center line distant
140.00 feet to a point in the westerly line of Rindge Avenue,
for a distance of 20 feet on each side of said line of loca-
tion.
Beginning at a point, said point being the intersection
of the northerly line of Winn Avenue extended with the center
line of Rindge Avenue, thence ::Southerly along said center
line distant 245.00 feet to a point, for a distance of 20
feet on each side of said line of location.
Beginning at a point, said point being the intersection
of the easterly line of Rindge Avenue with the lot line be-
tween lot 215 and lot 216 thence easterly along said lot
line distance 82 feet to a point, for a distance of 5 feet on
each side of said line of location.
The above descriptions refer to a plan entitled "Plan of
Proposed Easements for Drains in Rawson Ave., Winn Ave.,
Rindge Ave., and Right of Way, Lexington, Mass., Sept. 26, 1941
Scale: 1 in. = 40 ft., John T. Cosgrove, Town Engineer," and
'NHEREAS the right of way and easements hereinafter taken
are necessary for the said purpose;
NOW `WHEREFORE, the said Board of Selectmen acting for and
on behalf of the said Town under the authority of the said
Chapter 263 of the Acts of 1926, and of every other power them
thereto enabling, do hereby take the right of way and easement
within the locations above described and shown on the said
plan, including the right on the part of the Selectmen of the
said Town or other duly authorized agents of the Town to enter
upon, dig up, open,excavate, fill and use the land between said
exterior lines of said easements as may be reasonably necessary
for the purpose of constructing this drain, together with the
right to enter thereon from time to time as may be necessary
for repair and maintenance of the said public improvement.
We determine that no damages have been sustained and
none are awarded.
TO HAVE AND TO HOLD the said rights of way and easements
to the Town of Lexington, its successors and assigns, to its
and their own use and behoof forever.
IN WITNESS WHEREOF the said Board of Selectmen have here-
unto subscribed their names this 29th day of September, 1941.
Archibald R. Giroux
William G. Potter
George 71. Sarano
Errol Ii. Locke
Commonwealth of Massachusetts
Middlesex, ss.
OF
SELECTMEN
Lexington, Russ.
On this 29th day of September, 1941, personally'appeared
the above named Archibald R. Giroux, William G. Potter, George
W. Sarano and Errol H. Locke, and severally acknowledged the
foregoing instrument and statement by them subscribed to be
their free act and deed and the free act and deed of the Town
of Lexington, before me,
E] eanor X'. Lowe
;rotary Public (Seal)
My commission expires Oct. 9, 1947.
The records of the meeting held on September 22nd were
declared approved.
The meeting adjourned at 11:00 P.M.
A true record, Attest:
er
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