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HomeMy WebLinkAbout1942-01-26[7 SELECTMEN'S MEETING January 26,1942 A special meeting of the Board of Selectmen was held in the Selectmen's Room, Tot,n Office Building on Monday afternoon, January 26, 1942 at 2:30 P.M. Chairman Giroux' Messrs. Potter, Rowse, and Sarano were present. The Clerk was also present. The members of the Board returned at 2:30 P. -K. from attending the funeral of Mrs. Alonzo Locke, mother of Selectman Errol H. Locke, and it was decided to hold a meeting then. Mr. Paxton appeared before the Board at 2135 P.M. Mr. Paxton reported that the Sachem Council Boy Scouts had requested the use of Cary Hall from 7:00 P.M. to 11:00 P.M. on March 27, 1942. Mr. Sarano moved that the use of the hall be granted free of charge. Mr. Potter seconded the motion, and it was so voted. Mr. Paxton reported that the Boston National Produce Market had requested the use of Estabrook Hall from 10100 A.M. to 4:00 P.M. on February 11, 1942. Mr. Potter moved that the use of the hall be granted subject to a charge of $10:00. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton reported that he had talked with Mr. Beach about the School Lunch Project for the Munroe School. Mr. Beach said that Mr. Grindle had spoken to him about this project several times. About 50 children will be transported to the Adams School every day. The cost of transportation will be $4.00 a day. It was decided to hold the matter over until Mr. Beach's budgets are dis- cussed. Mr. Paxton said that, as he reported last week, the cost of installing the light at the Adams School would be $132.30. The Chairman said that the light had been requested several times and that recently a petition signed by a large number of people had been presented. Mr. Potter moved that Mr. Paxton be authorized to have the light installed. Mr. Rowse seconded the motion, and it was so voted. Use of Hall Munroe School Lunch Adams School light The Chairman said that beginning February 9, 1942 daylight saving would go into effect with an hour's Street difference in time. He figured that this would mean a lights saving of about $700.00 this year. Mr. Paxton said that he wished to refigure his Street Light Budget and that he would submit the revised figures next week. Letter was received from Ross Realty Corporation requesting that provisions be made for the extension of Water approximately 3500 feet of water mains in Battle Green Mains Village this year. It was felt that there would be suf- ficient funds in the Sundry Streets Account to take care of the extensions that were requested. The Chairman said that the Clerk had ordered flowers sent to the late Mrs. Alonzo Locke and that the cost was Flowers 05.00. Mr. Potter moved that the expense be charged to the Unclassified Account. Mr. Sarano seconded the motion, and it was so voted. The Chairman said that Charles Nutt, formerly em- ployed in the Highway Department, had called on him and claimed that he was entitled to two weeks vacation for Charles the year 1941. Mr. Paxton said that he took this matter Nutt up with the Town Counsel and accordingto his ruling, Nutt is not entitled to a vacation. he Chairman said that if that was the Town Counsel's ruling, there was nothing further to be done on the matter. The Chairman suggested that Cary Hall be set aside on February 15th and 16th for the Draft Registration. 'Draft The Board approved of this and told Mr. Paxton to re- Registra- serve the hall on these two dates. tion Mr. Rowse said that the Town needed some kind of a project to make welfare people work out their aid. Mr. Projectd Paxton said that brook jobs were the most satisfactory. for wel- Mr. Rowse asked how many man hours of work these projects fare men would take and Mr. Paxton said that he had several major projects on brook work and could use all of this kind of labor he could get. Mr. Paxton retired at 3:00 P.M. Budgets were acted on as follows: Requested A roved Assessors' - ExpensesM.0c) Obuu.UU Elections Expemses-Town Clerk 181.92 125.00 (Ballots $75.00, carpentry $30.00, electrician $20.00) 11 • 9 Account Requested Approved Registrations -Expenses $626.00 625.00 (This budget was resubmitted by Mr. Carroll and the request changed from $525.00 to $626.00) Fire Department -Personal Services 42,765.77 39,311.00 (Engineers reduced from $833.33 to $500.00; this is to pay two engineers at the rate of $250.00 per year from January lst through March 31st, and to pay five engineers at the rate of $100.00 er year from April 1st on; Captains reduced from 7,501.92 to $7,170.00; Lieutenants reduced from $4,690.52 to 14,580.00; Privates reduced from $23,566.00 to 21$61.00; Call men reduced from $4,274.00 to 41,000.00; item far extra duty reduced from $400.00 to $200.00) Fire Department -Expenses 130415.00 9,000.00 Fire Department -Outlay 1,250.00 625.00 Fire Department -Out of State Travel 300.00 00.00 Ambulance -Expenses 145.00 145.00 Building -Personal Services 2,340.00 1,100.00 Building -Expenses 290.00 105.00 (Postage and supplies reduced from $55.00 to $25.00; automobile allowance from $225.00 to $75.00; sundry items, $5.00 eliminated.) Wire Inspector -Personal Services 750.00 600.00 Wire Inspector -Expenses 100.00 100.00 Weights & Measures -Personal Services 500.00 500.00 Weights & Measures -Expenses 265.00 265.00 Shade Trees -Wages & Expenses 1,835.00 10500.00 (Of which $350.00 is to be transferred from the Taylor Shade Tree Fund) Forest Fires -Personal Services 200.00 200.00 Forest Fires -Wages & Expenses 11200.00 1,200.00 Dog Officer -Personal Services 100.00 100.00 Dog Officer -Expenses 100.00 100.00 Health -Personal Services 500.00 500.00 Health -Expenses 7,000.00 5,500.00 (Automobile allowance for Inspector based on rate of $150.00 er annum. Total allowance for 1942 $138.75 Milk Inspector -Personal Services 300.00 300.00 Dog Clinic -Expenses 475.00 475.00 Dental Clinic -Personal Services 11750.00 11750.00 Account from the Road Machinery Fund.) Requested Approved Dental Clinic $100.00 $100.00 Posture Clinic -Expenses 775.00 625.00 Vital Statistics 25.00 25.00 Animal Inspector -Pers. Serv. 500.00 500.00 Slaughter Insp.-Personal " 800.00 800.00 Plumbing Insp.-Personal 1,300.00 900.00 Plumbing Insp.-Expenses 310.00 105.00 (Postage and supplies reduced from $73.00 to 25.00; automobile allowance reduced from 225.00 to $75.00; sundry items eliminated) Highway -Drain Construction 7,000.00 2,000.00 (-This $2,000.00 is for undesignated drainage; $1,000.00 of which is to be provided by using the balance in the Bow Street and Percy Road Drainage Account) Garbage 53,450.00 5,300.00 Highway -Road Machinery 16,300.00 15,000.00 (This amount is available for transfer from the Road Machinery Fund.) Public Works Building -Outlay 600.00 00.00 Printing Town Report - 700.00 700.00 (This is simply a figure to be used so that total budgets may be figuted.) Interest on Debt 7,803.75 79803.75 Maturing Debt 69,916.14 69,916.14 Public Works Building -Wages & Ex.10,254.67 10,254.67 Revised Parks &•Playgrounds - Wages & Expenses 12,410.00 10,270.00 (Of which $270.00 is to be transferred from the Taylor Flag Fund) The meeting adjourned at 5:15 P.M. A true record, Attest: Clerk • SELECTMEN'S MEETING January 26,1942 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, January 26, 1942 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 on the peti- tion of the Boston Edison Company for permission to erect one pole on Lowell Street, easterly side approxi- mately 385 feet north of North Street. No persons ap- peared at the hearing. Mr. Potter moved that the petition be granted and the Order signed. Mr. Locke seconded the motion, and it was so voted. At 7:40 P.M. Mr. Arthur E. Bauer of 11 Richard Road, Lexington, the man having the highest rating on the list of eligibles for appointment to the police force, appeared before the Board. The Chief of Police was also present. The Chairman asked Mr. Bauer if he understood that the man filling the present vacancy would be on a tempor- ary basis for the duration of the war and Mr. Bauer ans- wered in the affirmative. He said that he was 26 years old and was registered for the draft. His Classification is 3-A. He said he was married, and has lived in Lexing- ton for eight years. He is a graduate of the Wakefield High School and is now employed at Ginn & Co. where he has worked for the past nine years. He took the mental examina- tion in February and the physical examination in August. He retired at 7:40 P.M. Mr. William Tobin of 55 Waltham Street, the third man on the list appeared before the Board at 7:55 P.M. He said that he was 27 years old and had lived in Lexington practically all his life. He said that he had registered In the draft and turas in Class 1 but has had no physical examination as yet. He graduated from Lexington High School and is unmarried. He is now working as a brake- man in Everett. The Chairman asked him if he knew that the position would be temporary, lasting during the pre- sent officer's term of duty in the Navy and he replied in the affirmative. He retired at 7:50 P.M. Pole location Bauer re: Police App't. Tobin re: Police App't. John C. Janusas of 12 Tucker Avenue, the second man on the list, did not appear: The Clerk said that she had Janusas re: notified Mr. Janusas to appear and had sent a registered Police letter to his Lexington address which is 12 Tucker Ave. App't. w However, Chief Sullivan reported that Mr. Janusas was working in Connecticut and might not have received the notice. It was decided to write the man and ask him if he was interested in the position and if so to interview him next week. Mr. Rowse said that there was considerable traffic congestion at the Hancock Church on Sundays between 12:00 Traffic and 12:30. He asked the Chief if an officer might be posted there and the Chief said that he would see that one was instructed to do traffic duty at this point. The Chairman said that Mr. Paxton had spoken of the traffic congestion near the Sacred Heart Church in Twat Lexington and, more specifically, that persons were park- ing in the restricted area on Pleasant Street. The Clerk Traffic was instructed to write Father Connor, the Pastor, and ask him to request his parishioners to refrain from park- ing in- the restricted area. Chief Sullivan retired at 8:00 P.M. A petition signed by 44 employees of the Public Works Petition Department was received. This petition was for a 44 hour from week, time and one half for overtime and 15� an hour in - employees crease over present rates in pay and pay for all legal holidays. It was decided to take no action on the petition until after the joint meeting on February 4th to discuss salaries. 0 Mr. Clayton Beach appeared before the Board at 8:05 P.M. to discuss W.P.A. budgets for 1942., The Chairman asked him if the food item of this year was sufficiently large to include the Munroe School and he replied in the affirmative. He said that the Block W.P.A. Plan would not be opened immediately but he thought pro- visions should be made for it. Last week's paper said that persons losing their jobs on account of defense work would undoubtedly be put on W.P.A. Most persons in this classification are white collar workers. Mr. Beach said that there was a balance from 1941 of about $51600.00. Mr. Rowse asked him what would happen if he had only this amount to carr him in 1942. Mr. Beach said that he didn't know y � as he couldn't say what was going to happen. Mr. Beach said that Mr. Grindle had talked to him several times about starting the Munroe School Lunch pro- gram. Only the undernourished children at this school would be fed. The Chairman asked Mr. Beach if there were men avail- able to work on the moth project and he said that there were but that he had been unable to get the project re- opened. • On the sewer project he said that they were down below Ames Avenue now on 6arville Avenue and it looked as though they were out of ledge. There are about 35 men working on this project, two of whom are from out of Town. Mr. Beach said that the job is about 62% com- pleted. It will take about two months to complete the W.P.A. portion of the work. Mr. Beach retired at 8:40 P.M. It was decided to approve the following items in the W.P.A. budget: Administration $3735.00 (The sum of $416.00, being allowed for Cleric on a part-time basis at the rate of $16.00 per week) Block Plan 723.00 Engineering Survey 740.00 Munroe School Lunch Protect 974.70 Adams, Parker and Franklin Schools 2025.30 Total 8200.00 (The balance carried over from 1941-05,612.31 and the amount to be raised from the levy is 42,587.69.) Mr. John Milton Brown, Chairman of the Wage and Salary Committee appeared before the Board and presented the Committee's report. He presented a bill of $10.00 for stenographic services. Mr. Potter moved that the bill be,approved and charged to the Unclassified Accounts. Mr. Locke seconded the motion, and it was so voted. The Chairman thanked Mr. Brown for the Committee's work and Mr. Brown retired. It was decided to take no action on the report until the joint meeting on salaries on February 4, 1942. Mr. Rowse moved that the Chairman be authorized to write a letter of thanks to each member of the salary Committee. Mr. Sarano seconded the motion, and it was so voted. Mr. Morse appeared before the.Board at 9:05 P.M. to discuss welfare matters and retired at 9:50 P.M. Letter was received from Mr. Wrightington relative to the unused proceeds of the W.P.A. bond issue. This money was borrowed March 26, 1940 under the authority of Statute 1939, Chapters 72 and 453. These Acts limit the use of the money to public welfare, includ- ing A.D.C., State and Military Aid, etc. and for Federal emergency unemployment relief projects. w0 Salary Committee Report W.P.A. unused proceeds He said that although the Statutes do not forbid using the proceeds of loans to repay the bonds which produce them, the Division of Municipal Accounts is quite posi- tive in its assertion that the money cannot be used to retire the bonds. Mr. Wrightington'thought that the Board's purpose could be attained by using the money for ordinary public welfare appropriations which would re- lease an equal amount of money to be appropriated for. retirement of debt. No action was taken on the matter. The Chairman said that he wished the Board to con- firm the letter written to the Boston Edison Company_ authorizing the extinguishing of all electric street lights in Lexington on the yellow warning signal. Mr. Rowse moved that the action be approved. Mr. Potter seconded the motion, and it was so voted. Hosp. Letter was received from the County Commissioners Ass'mt. advising that the Middlesex County assessment to be paid this year was $6,530.78. Notice was received from Chief Sullivan informing the Board that Mr. Anderson, the man who installed the Police police radios, agreed that his compensation as techni- radio cian would amount to $225.00 plus an estimate of V50. for parts. An additional charge of $35.00 for changing the radios over if new cars are purchased will be needed. It was decided to add $70.00 on the police budget to cover this expense. The Chairman said that•a new book "Experiments in Book Methods of Municipal Ana -lysis" had been published. He said he thought that the Selectmen should have one of these books. Mr. Potter moved that the book be ordered and the expense be charged to the Selectmen's account. Mr. Rowse seconded the motion, •and it was so voted. • • • Letter was received from Malcolm F. Steele asking how much money the Board wanted for lots 132, 133, 154, Lots on and 135 on Webb Street. The Clerk was instructed to in - Webb St. form Dir. Steele that the Board would accept $100.00 for the four lots. Letter was received from the Town Clerk advising of the dates of registration of voters. Letter was received from the Health Agent advising Rabies that 705 dogs had been immunized against rabies at the Clinic Clinic held on January 12, 13, 14, and 15. In addition, Dr. Blakely has inoculated about fifty at his office. The Clinic was the most successful ever held. Last year the number of dogs inoculated was 421. The Chairman said that he wished the Board to con- firm the letter written to the Boston Edison Company_ authorizing the extinguishing of all electric street lights in Lexington on the yellow warning signal. Mr. Rowse moved that the action be approved. Mr. Potter seconded the motion, and it was so voted. Hosp. Letter was received from the County Commissioners Ass'mt. advising that the Middlesex County assessment to be paid this year was $6,530.78. Notice was received from Chief Sullivan informing the Board that Mr. Anderson, the man who installed the Police police radios, agreed that his compensation as techni- radio cian would amount to $225.00 plus an estimate of V50. for parts. An additional charge of $35.00 for changing the radios over if new cars are purchased will be needed. It was decided to add $70.00 on the police budget to cover this expense. The Chairman said that•a new book "Experiments in Book Methods of Municipal Ana -lysis" had been published. He said he thought that the Selectmen should have one of these books. Mr. Potter moved that the book be ordered and the expense be charged to the Selectmen's account. Mr. Rowse seconded the motion, •and it was so voted. • • • • • Application for renewal of First Class motor vehicle license was received from W. H.White Motor Co.of 7 Mass. Avenue. Mr. Locke moved that the license be renewed. Mr. Potter seconded the motion, and it was so voted. Letter was received from Adams & Blinn requesting that the Board sign some plans of land on Robinson Road and Grove Street which is being redeemed. A long letter on the subject was received from Mr. Wrightington. It was decided to request the Town Treasurer to appear before the Board next week to discuss the matter. Letter was received from Mr. Wrightington relative to Mr. Neil McIntosh's claims on water guaranties. He said that as far as the Water Department is concerned, McIntosh's guaranty account is now closed and there will be no further charges. He said that the Select- men had a right to abate betterment assessments if they are satisfied that the value of a particular parcel of land has not been enhanced by the improvement to the ex- tent of the betterment assessment, but the Board has no right to abate it merely because the land owner thinks he has a claim against the Town on a different trans- action. Mr. Wrightington said he knows of no fund from which a payment could be made to McIntosh. The Clerk was instructed to inform Mr. McIntosh of Mr. Wrighting- ton's opinion in the matter. At 10:05 P.M. Mr. Rucker, Chairman of the Committee on Public Safety, appeared before the Board. He asked if the Board thought his Committee should continue the Committee on Subversive Activities inasmuch as such a Committee is not included in the State setup. The Board feels that the Committee should be continued and the Chairman suggested that the members be kept within the confines of the Police Department and the Auxiliary Police force. Mr. Rucker thought that the Town Office Building should be kept closed after office hours and that only those persons having legitimate business here and properly identifying themselves should be admitted, and then only through the Police station. The Board agreed with him and the Chairman said that he would ..prepare an order covering the matter. Mr. Rucker re- tired at 10:45 P.M. Upon motion of Mr. Potter, seconded by Mr. Rowse, It was voted to adopt the following Water Order: License McIntosh water Subversive Activities Comm. ORDER OF TAKING • By the Town of Lexington of Basement for the construction of a Water Main NICHOLS ROAD (From Blake Road in a westerly direction. a distance of appr6ximately..350 feet) WHEREAS, at a meeting duly called and held on March 31, 1941 and adjourned to April 7, 1941, the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropria-, tion therefor: "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may -be applied for during the year 1941, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $40,000.00 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 exceed- ing eight years." is "Voted! That the water mains installed during the year 1941 in accordance with the vote taken under Article 12 of the Annual Warrant shall be subject to the assessment of betterments, in accordance with authority contained in the By-laws of the Town." AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main: NOW THEREFORE, the Board of Selectmen of the flown of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the author- ity conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adoptthis order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintaining a water main in Nichols Road from Blake Road in a westerly direc- tion a distance of approximately 350 feet as aforesaid, the following easement, namely: The right to enter upon the land shown as Nichols Road on a plan entitled "Plan of Proposed Water Main in • Nichols Road, Lexington, Mass. Scale: l in. = 40 ft., Jan. 26, 1942, William C. Paxton, Supt. Public Works" and owned by Lexington Trust Co., Kenneth F. and Kathryn C. Clarke, Earle B. Nicholls, Percy I. and Minnie L. Robbins, Lour M. Chase, Donald E. Webber, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of William C. Paxton, Supt. Public Works, dated January 26, 1942 to be recorded herewith. The easement covered by this taking includes 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 and use the land embraced within the said way as may be reasonably necessary for the pur- pose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replAcing from time to time the said water main, (the said town being always bound to see that the ground 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.) Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantage other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of William C. Paxton, Supt. Public Works, above referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this twenty-sixth day of January, 1942. Archibald R. Giroux SELECTMEN William G. Potter Errol H. Locke OF George W. Sarano A. Edward Rowse LEXINGTON • 393" COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. January 26,1942 Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed aSd the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Eleanor M. Lowe Notary PUS= My commission expires Oct. 9, 1947. SCHEDULE OF ESTIMATED BETTERMENTS , REFERRED TO IN THE FOREGOING ORDER NICHOLS ROAD (From Blake Road in a westerly direction, a distance of approximately 350 feet) Owner as of January 1, 1942 Block Lot Assessment Lexington Trust Co. 25 pt. 23) 24) •25) $67,50 Kenneth F. and Kathryn C. Clarke 25 21,22,22A 67.50 Earle B. Nicholls 25 26027 54.00 Percy I. and Minnie L. Robbins 26 8,9 54.00 Lou M. Chase 26 10,11 54.00 Donald E. Webber 26 12,13 pt.14 60.75 Lexington Trust Co. 26 14,15 16 60.75 0 ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main. NICHOLS ROAD (From Blake Road in a westerly direction, a distance of approximately 350 feet) WHEREAS, at a meeting duly called and held on March 31, 1941 and adjourned to April 7, 19411, the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly adopted by unanimous vote the following vote and made an appropria- tion therefor: "Voted: That the Selectmen be authorized to install water mains not less than 6" nor more than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1941, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $40,000.00 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." "Voted: That the water mains installed during the year 1941 in accordance with the vote taken under Article 12 of the Annual Warrant shall be subject to the assess- ment of betterments, in accordance with authority con- tained in the By-laws of the Town." AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main; NOW THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of constructing and maintain- ing a water main in Nichols Road from Blake Road in a westerly direction, a distance of approximately 350 feet as aforesaid, the following easement namely: The right to enter upon the land as shown as Nichols Road on a plan entitled "Plan of Proposed Water Main in Nichols Road, Lexington, Mass. Scale: 1 In. = 40 ft. January 26 19420 William C. Paxton, Supt. Public Works " and owned by 394 Kenneth F. and Reg. Land Cert. No. 39616 Kathryn C. Clarke Lexington Trust Co. It " " " 33636 Earle B. Nicholls " " " " 20112 Percy I. and Minnie L. Robbins " " " " 28621 Lou M. Chase " " " " 30708 Donald E. Webber " " " " 50047 and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances sub- stantially as shown on a plan of William C. Paxton, Supt. Public Works, dated January 26, 1942 to be recorded here- with in the South Registry District for the Land Court of the County of Middlesex. The easement covered by this taking includes 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 and use the land embraced with- in the said way as may be reasonably necessary for the pur- pose of initially constructing and thereafter maintaining, operating, inspecting, repairing, and replacing from time to time the said water main, (the said town being always bound to see that the ground 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). Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will receive advantage other than the general advantage to the community from such improvement comprises the several lots shown upon the plan of William C. Paxton, Supt. Public Works above referred to, which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each such parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. • is *197 • IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this twenty-sixth day of January,1942. Archibald R. Giroux SELECTMEN William G. Potter Errol H. Locke OF George W. Sarano A. Edward Rowse LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. January 26, 1942 Then personally appeared the above named Archibald R. Giroux, William G. Potter, A. Edward Rowse, George W. Sarano and Errol H. Locke, and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, Eleanor M. Lowe Notary—pub= My commission expires Oct. 9, 1947 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. NICHOLS ROAD (From Blake Road in a westerly direction a distance of approximately 350 feet) Owner as of January 1, 1942 Block Lot Reg. Land Assessment Kenneth F. and Kathryn C. Clarke 25. 22A 39616 $16.38 Lexington Trust Company 25 pt.23) 24) 33636 67.50 25) Earle B. Nicholls 25 26,27 20112 54.00 Percy I. and Minnie L. Robbins 26 809 28621 54.00 Lou M. Chase 26 10111 30708 54.00 Donald E. Webber 26 12 pt.13 50047 35.06 Water liens, commitment of water miscellaneous charges, and water rates abatements were signed. The meeting adjourned at 10:55 P.M. A true record, Attest: is er