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)
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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.
•
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•
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.
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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
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• 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