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HomeMy WebLinkAbout1958-11-03-BOS-min 487 SELECTMEN 'S METING November 3, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday, November 3, 1958, at 7 30 P.I . Chairman Maloney, Messrs . James , Tucker and Mrs Morey were present Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present Mr. Adams arrived at the meeting at 8 10 P.M. Mr Stevens said that he had a Certificate of Entry on Depot Place and explained that it should be Depot Place filed and notices mailed to those individuals whose Cert of land was taken Entry Upon motion duly made and seconded, it was voted to sign a Certificate of Entry in the following form CERTIFICATE OF ENTRY On December 17, 1956, the Board of Selectmen of the Town of Lexington duly adopted an order taking the right and easement to use for all the purposes of a tow- way certain land in Lexington, all as therein des- cribed, and said order was recorded in Middlesex South District Registry of Deeds on December 18, 1956, Book 8875, Page 415. It is hereby certified that pursuant to said order the Town of Lexington made entry upon the land included therein for the purpose of constructing the town way on April 7, 1958. Witness our hands at Lexington, Massachusetts, this 3rd day of November, 1958 TOWN OF LEXINGTON By William E. Maloney /s/ Ruth Morey Raymond W James Ralph H Tucker Alan G. Adams Majority of the Board of Selectmen 488 1.4 Mr. Stevens said that he also had a Certificate of Entry on a drain easement taken on Middleby Road. Middleby Rd Upon motion duly made and seconded, it was voted Cert . of to sign a Certificate of Entry in the following form Entry CERTIFICATE OF ENTRY On October 6, 1958, the Board of Selectmen of the Town of Lexington duly adopted an order taking rights and easements to construct, operate and maintain drains in certain land in said Lexington, consisting of a por- tion of Middleby Road, all as therein described, and said order was recorded in Middlesex South District Registry of Deeds on October 15, 1958, Book Page It is hereby certified that pursuant to said order the Town of Lexington made entry upon the land included therein for the purpose of constructing the drains on October 15, 1958 . Witness our hands at Lexington, Massachusetts this 3rd day of November, 1958 TOWN OF LEXINGTON 47- William E. Maloney /s/ Ruth Morey Raymond W James Ralph H Tucker Alan G. Adams Majority of the Board of Selectmen Mr. Stevens had Orders of taking of sewer ease- ments to be signed on Asbury Street, Balfour Street, Bellflower Street and Hamblen Street He explained Sewer ease- that each order represents a street where the Board ment has already adopted an Order of construction, but the easements were not taken. Upon motion duly made and seconded, it was voted to sign Orders of taking of sewer easements as follows I 489 COMMONWEALTH OF M'ASSACHUSETTS Middlesex, ss Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 3rd day of November, 1958, it is ORDERED: Whereas at a Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1958, in accordance with the provisions of law applicable thereto, it was un- animously "Voted: That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assess- ment of betterments or otherwise , in such accepted or un- accepted streets or other land as the Selectmen may deter- mine , in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise , and to take by eminent domain or otherwise acquire any fee, easement or other interest in land neces- sary therefor; and to appropriate for such installation and land acquisition the sum of $1691650. and that pay- ment be provided by the transfer of $52, 650.00 from the Sewer Assessment round, the raising of "52,000 in the current tax levy and the balance of 565,000 to be pro- vided by the issue of bonds or notes of the Town, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $65,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years " , and WHEREAS the Selectmen have determined a sanitary sewer main should be located in the land hereinafter described NOW, THEREFORE, we , the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, con- struct, inspect, repair, remove, replace , operate and forever maintain a sanitary sewer or sewers with any man- holes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to 490 pass along and over th. land for the aforesaid purposes, in, through and under the whole of that portion of Asbury Street, an unaccepted street in said Lexington, that com- mences at Freemont Street and extends southerly to Balfour Street, the distance along the easterly side lines of As- bury Street being 967 48 feet, more or less , and the dis- tance along the westerly side lines of Asbury Street being 962 feet, more or less, all as shown on plan entitled "Plan of Sewer Easement In Asbury Street Lexington - Mass 'T, Rich- ard J Gayer, Town Engineer, dated March 25, 1958, to be re- corded herewith, and reference to said plan is made and said plan is incorporated herein for a complete and detailed des- cription of said portion of Asbury Street Said rights and easements in the land included within the above description are taken without interference with or prejudice to the rights of the respective owners of the land, except so far as is reasonably necessary in the ex- ercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, suc- cessors and assigns all their respective rights in and to the use of their lands for all lawful purposes not incon- sistent with the use thereof for all of the purposes here- inabove mentioned . On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably the same condition as when the entry was made Any trees upon the land included within the above described parcel are included within the taking. The land in which the aforesaid rights and easements are taken is believed ;o belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood thrt such land or interest is owned by an owner or owners unknown to us : Owner Lots as shown on aforesaid plan Town of Lexington 240-242, inclusive Town of Lexington 243-258, inclusive Joseph J Sheehan 259-262, inclusive William R Miller 263-268, inclusive Kenneth F & Alpha S.St George , 269-275, inclusive husband and wife James A. & Patricia J Gaudet, 276-278, inclusive husband and wife John J. & Marguerite E Brisbois,279-282, inclusive husband and wife Benjamin H. & Hnn Cronin Galini, 527-533, inclusive husband and wife Clarence E & Theda Bentley, 534-536, inclusive husband and wife 491 Philip P & Ruth M. Spencer, 53?-539, inclusive husband and wife Mabel A Dempsey 568-572, inclusive Jesse W. Robbins 540-548, Inclusive Harry J & Doris Mae Baker, husband and wife 549-551, inclusive Anthony J. & Rita L. Zani, 644-646, inclusive husband and wife Joseph T Bourke 639-643, inclusive Betterments have been assessed for this improvement and are set forth in the order for construction of a sewer in Asbury Street adopted August 25, 1958, and re- corded in Midclesex South District Registry of Deeds, Book 9217, Page 201 And said Board, having considered the question of damages, hereby determines that no damages have been sus- tained and none are awarded. WITNESS our hands at Lexington as aforesaid this 3rd day of November, 1958 . / s/ William :rte Maloney Ruth Morey Raymond W. James Ralph H Tucker Alan G Adams Majority of the Board of Selectmen C On ONWEALTH OF MASSACHUSETTS Middlesex, ss November 3, 1958 Then personally appeared 'dilliam E Maloney, Alan G Adams, Raymond w' James, Ruth Morey and Ralph H. Tucker, known to me to be the duly elected, qualified and acting Selectmen of the Town of Lexington, andacknowledged the fpregoijng instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J. Murray Notary rublic My commission expires . Nov 21, 1964 492 COmMONWEALTH OF 'MASSACHUSETTS Middlesex, ss Town of Lexington At a meeting of the Board of Selectmen of the Town cf Lexington held on the 3rd day of Novembe,', 1958, it is ORDERED Whereas at a Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1958, in accordance with_ the provisions of law applicable thereto, it was unanimously "Voted That the Selectmen be and they hereby are author- ized to install sewer mains, subject to the assessment of betterments or otherwise, in such accepted or unaccepted streets pr ether land as the Selectmen may determine , in accordance with Chapter 504 of theActs of 1897 and all Acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum of $169, 650. and that payment be provided by the transfer of $52, 650.00 from the Sewer Assessment Fund, the raising of $52, 000. in the current tax levy and the balance of $65,000 to be provided by the issue of bonds or notes of the Town; and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $65,000.00 and issue bonds or notes of the Town therefor, to be payable in accordance with the pro- visions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years .", and WHEREAS the Selectmen have determined a sanitary sewer main should be loc^ted in the land hereinafter des- cribed NOW, THEREFORE, we , the undersigned, being a majority of the Board of Selectmen of said Town of Lexington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1397 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and aut ority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the perpetual rights and easements to lay, con- struct, inspect, repair, remove , replace , operate and forever maintain a sanitary sewer or sewers with any man- holes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to 493 pass along and over the land for the aforesaid pur- poses, in, through and under the whole of that portion of Balfour Street, an unaccepted sheet in said Lex- ington, that commences at Cedar Street and extends westerly a distance of 612 feet, more or less, along the northerly side line of Balfour Street, and a dis- and tance of 641 feet, more or less, along the southwesterly/southerly side lines of Balfour Street as shown on plan entitled "Plan of Sewer Easement In Balfour Street Lexington Mass .", Richard J. Gayer, Town Engineer, dated April 1, 1958, to be recorded herewith and a copy of which is annexed hereto, and reference to said plan is trade and said plan is incorporated herein for a complete and detailed descrip- tion of said portion of Balfour Street Said rights and easements in the land included with- in the above description are taken without interference with or prejudice to the rights of the respective owners of the land, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all of the pur- poses hereinabove mentioned On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably the same condition as when the entry was made Any trees upon the land included within the above described parcel are included within the taking The land in which the aforesaid rights and ease- ments are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners un- known to us : REGISTERED LAND Lots as Shown on Land Court Certi- Owner Aforesaid Plan ficate of Title Book Page Arthur D. Jr & 1 and 2 83623 548 73 Dorothy B Ritchie h sband and wife 1 494 - r-C UNREGISTERED LAND Owner Lots as ''hown on aforesaidplan Ralph F & Hilda T. Shepard 495-497, inclusive hushand and wife Arnold W & Marjorie C Williams, husband and wife A C . Bix & Barbara R Shoemaker, B,C and D husband and wife John M. & Maria A. Doukes, husband and wife E Craig L & Thelma L Crowell, husband and wife 7 Albert Wellington & Dorothy Dillon, 8 husband and wife Robert A & Etta K Kirton, 9 husband and wife Philip N & Ann E. Garfield, husband and wife 10 Chapin A & Mary H Harris, 11 husband and wife Robert Henry & Martha A Farwell, husband and wife 12 Betterments have been assessed for this improvement and are set forth in the order for construction of a sewer in Balfour Street adopted August 25, 1958 and re- corded in Middlesex South District Registry of Deeds, Book 9217, Page 195 and registered in Middlesex South Land Registry District as Document 333, 305. And said Board, having considered the question of damages, hereby determines that no damages have been sus- tained and none are awarded WITNESS our hands at Lexington as aforesaid this 3rd day of November, 1958 . /s/ William E. Maloney Ruth Morey Raymond g James Ralph H. Tucker Alan G. Adams Majority of the Board of Selectmen 495 ' COPi' ONWEALTH OF MASSACHUSETTS Middlesex, ss November 3, 1958 Then personally appeared William E. Maloney, Alan G. Adams, Raymond W. James, Ruth Morey and Ralph H. Tucker, known to me to be the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/Hazel J. Murray Notary Public My Commission expires Nov 21, 1964 C nMMONMEALTH OF MA ,SACHUSETTS Middlesex, ss Town of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on she 3rd day of November, 1958, it is ORDERED Whereas at a Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1956, in accord- ance with the provisions of law applicable thereto, it was unanimously "VOTED That the Selectmen be and they hereby are authorized to install sewer mains, subject to the as- sessment of betterments or otherwise , in such accepted or unaccepted streets or other land as the Selectmen may determine , in accordance with Chapter 504 of the Acts of 1897 and all acts in amendment thereof and in addition thereto, or otherwise , and to take by eminent domain or otherwise acquire any fee, easement or other interest in land necessary therefor ; and to appropriate for such installation and land acquisition the sum of S169,650. and that payment be provided by the transfer of 552, 650.00 from the Sewer Assessment Fund, the rais- ing of $52,000 in the current tax levy and the balance of S65,000. to be provided by the issue of bonds or notes of the Town, and that the Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of S65,000 .00 and issue bonds or notes of the Town therefor, to be payable in accordance with the 496 provisions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years ." , and WHEREAS the Selectmen have determined a sanitary sewer main should be located in the land hereinafter described NOW, THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of said Town of Lex- ington, duly elected and qualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any and every other power and authority us hereto in any way enabling, take in the name and on behalf of said Town of Lexington the per- petual rights and easements to lay, construct, inspect, repair, remove , replace , operate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to4all other acts incidental thereto, including the right to pass along and over the land for the aforesaid purposes, th, through and under the whole of that portion of Bellflower Street,, an unaccepted street in said Lexington, that commences at Balfour Street and extends northerly to Hamblen Street, the distance along the easterly side line of Bellflower Street being 583 ft and the distance along the westerly side line of Bellflower Street being 558 ft., more or, less, all as shown on plan entitled "Plan of Sewer Easement in Bellflower Street Lexington Mass " , Richard J. Gayer, Town Engineer, dated April 8, 1958, to be recorded here- with, and reference to said plan is made and said plan is incorporated herein for a complete and detailed des- cription of said portion of Bellflower Street . Said rights and easements in the land included within the above description are taken- without interference with or prejudice to the rights of the respective owners of the land, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all of the pur- poses hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in re'sonably the same condition as when the entry was made ' 497 ' Any trees upon the land included within the above described parcel are included within the taking . The land in which the aforesaid rights and ease- ments are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owners unknown to us : Owner Lots as shown on aforesaid plan Ralph F & Hilda 1 Shepard, 494-497, inclusive husHand and wife Manuel F Jr & Eleanor G Matthews, 498-q01, inclusive husband and wife Richard I. & Ann B Joner, 502-505, inclusive husband and wife Chankey N. & Mary Louise Touart, 506-510, inclusive husband and wife Leo M. & Cecilia B McSweeney, 593-600, inclusive husband and wife Arnold W & Marjorie C Williams , A husband and wife Lincoln R & Ruth F Shedd, Part of 22, and husband arra wife lots 23 and 24 Gilbert & Elizabeth S Corwin, 25-27, inclusive husband and wife Adam S & Eva E Wood, husband and wife 28 and 29 Anna DeVita 59-63, inclusive Town of Lexington 61.E-68, inclusive Betterments have beet assessed for this improvement and and are set forth in the order for construction of a sewer in Bellflower Street adopted August 25, 1958, and recorded in Middlesex South District Registry of Deeds, Book 9217, Page 193. And said Board, having co- sidered the question of damages, hereby determines th^t no damages have been sus- tained and none are awarded WITNESS our hands at Lexington as aforesaid this 3rd day of November, 1958 /s/ William E . Maloney Ruth Morey Raymond W. James Ralph H. Tucker Alan G Adams Majority of the Board of Selectmen 498 - r-C COMMONWEALTH EALTH OF MASSACHUSETTS Middlesex, ss November 3 1958 Then personally appeared William E Maloney, Alan G. Adams, Raymond W. James, Ruth Morey and Ralph H. Tucker, known to me to be the duly elected, qualified and acting Selectmen of the Town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J. Murray Notary Public My commission expires Nov,. 21, 1964 C 0MMONWEALTH OF MASSACHUSETTS Middlesex, ss Town. of Lexington At a meeting of the Board of Selectmen of the Town of Lexington held on the 3rd day of November, 1958, it is ORDERED Whereas at a Town Meeting duly called, warned and held on March 10, 1958, namely at an adjourned session thereof duly held on March 17, 1958, in accord- ance with the provisions of law applicable thereto, it was unanimously "VOTED That the Selectmen be and they hereby are authorized to install sewer mains, subject to the assessment of betterments o' otherwise , in such accepted or unaccepted streets or other land as the Selectmen may determine , in accordance with Chapter 504 of the Acts of 1897 and all 'lots in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain or otherwise ac- auire any fee, easement or other interest in land nece-- sary therefor ; and to appropriate for such installation and land acquisition the sum of $169,650. and that pay- ment be provided by the transfer of $52,650.00 from the Sewer Assessment Fund, the raising of $52,000. in the current tax levy and the balance of $65,000, to be pro- vided by the issue of bonds or notes of the Town; and 499 that the Trecsurer, with the ap .roval of the Select- men be and he hereby is authorized to borrow the sum of $65,0'10 .00 and issue bonds or notes of the Town therefor, tp be payable in accordance with tlr pro- visions of Chapter 44 of the General Laws, as amended, within a period not exceeding twenty years ." , and WHEREAS the Selectmen have determined a sanitary sewer main shouldLbe located in the land hereinafter described NOW, THEREFORE, we, the undersigned, bein: a major- ity of the Board of Selectmen of said Town of -lexingtcai duly elected and aualified and acting as such, do hereby, under and by virtue of the provisions of Chapter 504 of the Acts of 1897 and Chapter 79 of the General Laws, and all acts in amendment thereof and in addition thereto, and of any andevery other power and authority us hereto in any way enabling-, take in the name and on behalf of said Town of "exington the perpetual rights and ease- ments to lay, construct, inspect, repair, remove , replace, operate and forever maintain a sanitary sewer or sewers with any manholes, pipes, culverts and other appurtenances, and to do all other acts incidental thereto, including the right to pass along and over the land for the afore- said purposes, in, through and under the whole of that portion of Hamblen Street, an unaccepted street in said Lexington, that commences at Bellflower Street and ex- tends easterly to Cedar itreet, the distance along the southerly side line of Hamblen Street being 605 feet and the distance along the northerly side line of Hamblen Street being 614 feet, more or less, all as shown on plan entitled "Plan of Sewer Easement In Hamblen Street Lex- ington Mass . ", Richard J. Gayer , Town Engineer, dated April 10, 1958, to be recorded herewith, and reference to said plan is made and said plan is incorporated here- in for a complete and detailed description of said por- tion of Hamblen Street Said rights and easements in the land included within the above descrir3tion are taken without inter- ference with or prejudice to the rights of the respec- tive owners of the land, except so far as is reasonably necessary in the exercise of the rights and easements hereby taken, and there are reserved to the respective owners and their heirs, successors and assigns all their respective rights in and to the use of their lands for all lawful purposes not inconsistent with the use thereof for all of the purposes hereinabove mentioned. On each occasion that the Town enters upon the land in which the aforesaid rights and easements are taken 500 and performs any work thereon, it shall be the obligation of the Town to remove all surplus material and to leave the premises in reasonably the same condition as i.rhen the entry was made . Any trees upon the land included within the above described parcel are included within the taking . The land in which the aforesaid rights and easements are taken is believed to belong to the following named parties, but if the name of the owner of any of said land or of any interest therein is not stated or is not correctly stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us : Owner Lots as shown on aforesaid plan Town of Lexington 65-72, inclusive Fred J & Adele L Kolb, 73-75, inclusive husband and wife Robert Y & Brenda i•1 Shaw, 76-80, inclusive husband and wife Johr C & C Genevieve Nelson, 81 husband and wife Joseph L. & Claire A. Gillis, 46-48, inclusive husband and wife Henry C Jr. & Christiana F Kirkland, 82-85, inclusive husband and wife Joseph J. & Helen J. Barowski, 90-93, inclusive husband and wife James C . Shaw Lots 94 and 95 and part of lot 96 Frederick W & E Dorothy Shaw, husband and wife Part of lot 96 and lots 97 and 98 Leo P. & Anne P McCabe , husband and wife 99-101, inclusive Charles A & Ada M. Robinson, 102-105, inclusive husband and wife George w . & Stella H. Laurendeau, 106-109, inclusive husband and wife Betterments have been assessed for this improvement and are set forth in the order for construction of a sewer in Hamblen Street adopted August 25, 1958, and recorded in Middlesex bouth Registry of Deeds, Book 9217, Page 197. And said Board, having considered the question of damages, hereby determines that no damages have been sus- tained and none are awarded,. 501 WITNESS our hands at Lexinr,ton as aforesaid this 3rd day of November, 1958 . /s/ William E Maloney Ruth Morey Raymond W. James Ralph H Tucker Alan G. Adams Majority of the boerd cf Selectmen C OMMONW7ALTH OF MASSACHUSETTS Middlesex, ss November 3, 1958 Then personally appeared William E Maloney, Alan G. Adams, Raymond W. James , Ruth Morey and Ralph H . fucker, known to me to )e the duly elected, qualified and acting Selectmen of the town of Lexington, and acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me , /s/ Hazel J. Murray Notary Public My commission expires Nov. 21, 196) Mr. Stevens submitted a deed conveying tax title lots 1 and 2, Block 29, Reed Street to Onel Deflice , Jr. He explained that in examining the records of the tax taking and foreclosure , he found that these instruments had misdescribed the property as being lot 182 in Block 29 He called Mr . Norman T. May, attorney for Mr. Deflice Tax and advised him of the situation . Mr Russian, " r . May ' s title associate , said they are prepared to ahead and pur- chase the lots Upon motion duly made and seconded, it was voted to sign the deed, prepared by Mr . Stevens, conveying tax title lots 1 and 2, Block 29, Reed Street to Onel Deflice , Jr. Mr. Stevens asked if any arrangements had ever- been made with Mr Scott regarding Depot Place and the Chair- ' 502 s man replied in the negative . Depot Place Mr . Stevens said he thought someone should look at the property and submit an estimte of what damages, if any, Smith sustained. He said he would look up the estate of Scott at the Registry of Probate and find out who is handling it. Further consideration was given to Mr. and Mrs . Larry Anderson's letter of October 16, 1958 asking to be connected to the sewer in Winter Street . Mr. Gayer reported that this item is on the work Sewer list to be done and should be done this week. Mrs . Morey asked if the Board had established a policy wherebj; all people wanting betterment projects should have their requests submitted by October 15th. The Chairman explained that some of the people in this area can be sewered and some cannot and asked how they know whether or not they can be served by the Win- ter Street sewer. Mr . Gayer replied that the Andersons can be connected. Mr Stevens retired at 7:55 P.M Petition was received from the Boston Edison Company and the New -6ngland Telephone and Telegraph Company for Rale permission to locate ten poles on Maple Street locations The Chairman explained that the relocation of poles was necessitated by the construction of the sidewalk Upon motion duly made and seconded, it was voted to grant the petition and sign the Order for the following j/o pole locations: Maple Street, southeasterly side approximately 1850 ' northeast of Massachusetts Avenue , -- One pole . (One existing j/o pole to be removed. ) Maple Street, southeasterly side approximately 2215' northeast of Massachusetts Avenue , -- One pole (One existing j/o pole to be removed. ) Maple Street, southeasterly side approximately 2755' northeast of Massachusetts Avenue, -- One pole (One existing j/o pole to be removed. ) Maple Street, southeasterly side northeasterly from a point approximately 3095' Northeast of Massachusetts Avenue , -- Five poles (Five existing j/o poles to be removed. ) Maple Street, southeasterly side southwesterly from a point approximately 4801 southwest of Lowell Street, Two poles L (Two existing poles to be removed ) a0$ The Chairman read a letter fromHarvey,E a y, 1 Constitution Road protesting the sewer betterment as- sessments levied acainst Lot 69 Constitution Road and Lot 70 on Paul Revere Read Harvey Mr. Gayer presented a plan, indicated the lots sewer and explained the assessments He explained that assessments there is nothing wrong with the assessment and he has gone over the method of assessment with Mr. Harvey . Mr . James said this is no different than anyone else ownin two lots and he is being assessed for one side of each lot . Mr Tucker asked if the two lots were separate and Mr . Gayer replied in the affirmative . Mr . Tucker asked if the assessment on the separate lot could be deferred Mr. James said as he recalled it, Mr . Stevens has explained the intent of the law was on acreage and not to defer a separate single building lot a person might have . He said he realized the Board has deferred on single lots, but it is not good policy. Mr. Gayer explained that the assessment was made the way it would be for any corner lot. Mrs . Morey said she thought Mr. Harvey should take the twenty years to pay the betterment . It was unanimously agreed to advise Mr. Harvey that the best solution for him would be to pay the assessment over a period of twenty years The Chairman read a letter from Mr. Gayer advising that he will need additional funds for Sewer Maintenance , the estimated amount + o complete the year being $3, 700 Transfer An explanation of the request for funds was incorporated in the letter. Upon motion of Mr . James , seconded by Mr . Adams, it was voted to request the Appropriation Committee to trans- fer the sum of $3,700 from the Reserve Fund to the Sewer Maintenance Account. Mr. Eric T Clarke and two other individuals met with the Board relative to street betterment assessment of $61 .14 levied against lot 30 Moreland Avenue and Six Moon $648.71 levied against lot 24 Moreland Avenue . Hill street Mr. Clarke said he wrote to the Board on October assessments 9th and once earlier than that . The question which arose at the tine of his last letter was whether the lots under eonsideration were the same lots . He said the lots on the plan are not the same number as the street numbers He stated that he would discuss the one on page 3 of the plan first, lot 30 The other lot which is com^-on land is lot 24. This lot is 504 smaller than the rest of the lots and has never been considered a saleable lot . Mr Clarke said these two lots have never been built upon and are not considered to he built upon. He said lot 30 is swamp land and lot 24 is a play area The Chairman said he understood a parcel of land was purchased from Mr Boinay to enable the corporation to build a swimming pool He said they could not have had the swimming pool without lot 24 One of the men said the land was purchased from Mr Boinay for blasting purposes . The Chairman asked if they were concerned about the betterment assessment and Mr. Clarke replied in the affirmative The Chairman asked if there was any question about the assessment made by the Board of Assessors, and Mr . Clarke replied in the negative . MI Clarke said Moon Hill was accepted and the bills sent out about eight weeks ago. He said there is no question about the other lots, and he understood the assessment is abatable if the land cannot be built upon He said lot 24 is buildable but the corporation considers this to be community land and wants to know if it can be abated as community land. The chairman said that a similar case has never been presented before Mr Tucker asked if they paid taxes for this pro- perty and Mr Clarke replied that they pay taxes on both pieces . Mr. James asked if the assessment on lot 30 was low and Mr. Clarke replied that it is $250 Mrs . Morey asked if the proposed street out to Pleasant Street would go out lot 30 and one of the men said that is Milliken Road shown on page 3 One of the men said lot 30 is all swamp and they gave up the thought of using it for a tennis court Mr . James said areawise if the land can be made suitable for building it could be divided into three house lots Mr. Clarke asked if they could request an abate- ment on the basis that it is not built upon. He said he understood Mr Wilson did that Mr Tucker asked if he meant abatement or defer- Thant and explained that there is a difference . He said if it is abated, it can never be collecteyl, but if it is defe red, it can be collected. The Chairman explained why Mr. Wilson was granted a defer ment He said that Mr . Wilson had no house lot on any street and if the land were subdivided, he would have been liable for betterments Mr . Adams asked if they would still have a legal 505 size bt.ilding lot if the swimming pool was taken out and Mr Clarke replied in the affirmative . Mr . Adams said it would appear that they would be able to get a buildable lot off the remaining part of lot 24. Mr. Clarke said he could not argue that it is not buildable . One of the men said they are trying to tell the Board that they have no intention of selling and a de- ferment would be acceptable , and if it is ever sold, there is no reason why the betterment should not be paid Mr. Clarke said that the amount of the betterment would not be a large part of the sale . The Chairman said that the Board would discuss the subject with Town Counsel . Mr. Adams asked if they would accept deferment rather than an abatement, and one of the men replied in the affirmative . The group retired at 8 35 P.M When M . Stevens returned to the meeting, the Chair- man explained the request for abatement received from Six Moon hill, Inc . Mr. Stevens said the land is built upon. Now they are going to have a public way to get into the swimming pool and that way will be maintained by the Town. He said it is not a lot that is not being used and the purpose of the statute was area not in use , primarily agriculture He said the value of the lot has been increased; the street is beincz used to get in there and the Town is maintaining it . Mr. Adams said the lot could be built upon by per- mission of the Board of Appeals . Mr Stevens said it is now on a street that the Town is obliged to maintain Mr. Adams said that the betterment seems justified and should be paid. Mr Stevens agreed to draft a letter for the Chair- man to send the corporation. Mrs Morey said the the Fire Commissioners should be advised to purchase a new flag for the Center Station Mr . Gayer retired at 8 40 P.M. Letter was received from Maurice D Healy, Chairman of the Veterans ' Day Observance , asking to have a member Veterans ' of the Board present at the annual observance of Veterans ' Day Day, November 11, 1958, to read the Proclamation. 506 201 Notice was received from the Massachusetts Select- men ' s Association advising that the Fall meeting will be held on November 12th at the Belmont Country Club Letter was received from Kenneth N Ernst, 2 More- land Avenue , advising that he would like to defer the street betterment assessment levied on Lot F, Moreland Avenue ; it being understood that the $325.55 becomes due and payable in the event the property is sold or built Deferred upon. assessment Upon motion duly made and seconded, it was voted under the provisions of Chapter 159 of the Acts of 1950, to extend the time for payment of street betterment as- sessment in the amount of $325.55, Lot F, without in- terest, until said land or any part thereof is built up- on or sold or until the expiration of three years from the date hereof, whichever event occurs first. The Chairman said that there are funds for five additional police officers and the Chief would like to request four. Mr. Stevens said that the amount that can be paid next year is governed by what the department was pay- ing the last three months of the previous year, and Police they should have been put on the first of October officers M . Adams said he understood that there is some provision whereby the men can be put on this month. The meeting adjourned at 9:05 P.M. A true record, Attest ma ' xe tiv Clerk; Sele men. I