HomeMy WebLinkAbout1946-11-12 101
SELECTMEN'S MEETING
November 12, 1946
A regular meeting of the Board of Selectmen was held
Tuesday evening, November 12, 1946 at 8 05 p.m. in the
Selectmen' s xoom, Town Office Building. Chairman Potter,
Messrs. Rowse , Locke, Sarano and Paxton were present.
The Clerk was also present.
The Clerk informed the Board that Mr. Bertram P. Paper
Gustin telephoned just prior to the meeting this Drive
evening with a request for permission to conduct a
paper drive under the auspices of the Lexington
Athletic Booster Club on either December 8th or
December 15th.
Mr. Rowse moved that the request be granted for
which ever Sunday the club prefers. Mr. Locke seconded
the motion, and it was so voted.
Letter was received from the Commonwealth of Massa- Snow
chusetts Department of Public -Works stating that the Removal
IICommonwealth will plow snow from the end of the State
Highway on Maple Street to Massachusetts Avenue.
Letter was received from Merlin J. Ladd requesting Insur-
the renewal of an insurance policy in the amount of ante
$15,000, which expires on December 5 , 1946.
Mr. Paxton stated that he thought this policy had
already been renewed with Mr. Ladd, who now is not a
resident of Lexington.
Upon motion of Mr. Rowse, seconded by Mr. Locke,
it was voted to renew the policy through the office of
John Lamont providing it has not already been placed with
Mr. Ladd.
Letter was received from L6uise C. Vanderhout, Presi- Tables
dent of the Unity-Lend-A-Hand Society requesting permission
to borrow eight long tables for the luncheon and fair to
be held at the Unitarian Church on November 21, 1946.
Mr. Sarano moved that the Society be gran#ed permission
to use as many tables as are available. Mr. Locke seconded
the motion, and it was so voted.
Letter was received from the Lexington Visiting Nurse Use of
Association requesting permission to use the front hall Front
in the Cary Memorial Building to receive and prepare Hall ii
donations for Thanksgiving distribution on November 26, Cary
1946. Bldg.
102 cr
Mr. Locke moved that the request be granted. Mr.
Sarano seconded the motion, and it was so vbted.
Request Letter was received from the Board of Public Welfare
For requesting a transfer of $40 from the Bridge Charitable
Transfer Fund for partial payment for new dentures for Mrs. Joseph-
ine Hanna, 110 Woburn Street, Lexington.
Mr. Rowse moved that the Trustees of Public trusts
be requested to approve an expenditure from the Bridge
Charitable Fund in the amount of $40 in partial payment
of new dentures for Mrs. Josephine Hanna. Mr. Locke
seconded the motion, and it was so voted.
Lawn Petition was received together with data relative to
Bowling the construction and maintenance of lawn bowling at the
recreational field.
The Clerk was instructed to refer the petition to the
Recreational Committee for study and report.
Gasoline Application was received from Willima T. Hardy, 752
License Waltham Street, for a gasoline license for the storage of
8 ,000 gallons in underground tanks at the corner of Waltham
Street and Concord Avenue. Mr. Hardy has purchasd this
property from John A. Sellars.
Mr. Rowse moved that the license be written in Mr.
Hardy' s name . Mr. Sarano seconded the motion, and it was
so voted.
Application was received from James A. DeRosa, 50
Dealer' s Walnut Street, Arlington for a Second-Class Agent' s License.
License Mr. DeRosa intends to sell second hand cars in an open air
lot at 27 Mass. Avenue.
Denied Mr. Rowse moved that the application be denied. Mr.
Sarano seconded the motion, and it was so voted.
Barnes A request was received from the Lexington Youth Committee
Property for permission to use a room in the Barnes Property as a
permanent Youth Committee office.
Mr. Rowse moved that the application be denied. Mr.
Locke seconded the motion, and it was so voted
Use of Application was received from the Lexington Club, Inc.
Hall for permission to conduct a Children' s Christman Party in
Cary Hall on Saturday afternoon, December 21, 1946 from
1 00 p.m. to 4 00 p.m.
Mr. Rowse moved that the use of the hall be granted
free of charge. Mr. Locke seconded the motion, and it was
so voted.
103
Application was received from the Veterans
of Foreign Wars for permission to use Estabrook Hall Use of
and a Conference Room on Wednesday evening, December Hall
4, 1946.
Mr. Paxton moved that the use of the hall be granted
free of charge. Mr. Rowse seconded the motion, and it
was so voted.
Application was received signed by Manfred L. Warren, Use of
requesting permission on behalf of the Lexington High H�11
School Class of 1948, to conduct a class dance in Cary
Hall on the evening of November 29, 1946.
Mr. Locke moved that the use of the hall be granted
free of charge . Mr. Rowse seconded the motion, and it
was so voted.
The Clerk informed the Board that the officers of Use of
the 4-H Club had requested permission to hold a meet- Selectmen
ing in the Selectmen' s Room on Thursday evening,
November 14, 1946.
Mr. Rowse moved that the request be granted. Mr.
Locke seconded the motion, and it was so voted.
Upon motion of Mr. Rowse, seconded by Mr. Locke , it Water
was voted to sign the following water orders •
Woodcliffe Road
Hudson Road
Underwood Avenue
Munroe Road
Normandy Road
(Woodcliffe Road) ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a Water Main
WOODCLIFFE ROAD
From Spring Street to Hudson Road a distance
of approximately 2410 feet .
AREAS, at a meeting duly called and held on March
25, 1946, the Town Meeting of Lexington pursuant to an
article in the warrant of the meeting for which duo
notice was given, duly adopted by unanimous vote the
following vote and made an appropriation therefor:
104 °C
got
"Voted That the Selectmen be authorized to istall 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 1946, subject to the assessment of betterments, and
to take by eminent domain any necessary easements therefor."
For the purpose of said installations the sum of $10,000 .00
was transferred from the Water Department Available Surplus
Fund to the Water Construction - Sundry Streets Account.
AND WHEREAS, the right of way and easement hereinafter des-
cribed and taken are necessary for the establishment and maintenance
of the said water main,
NOW, THEREFOR, 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 maintaining
a water main in Woodcliffe Road from Spring Street to Hudson Road
a distance of approximately 2410 feet as aforesaid, the following
easement, namely
The right to enter upon the land shbwn as Woodcliffe Road on
a plan entitled, "Proposed Water Mains for Subdivision Plan of Part
of the Cutler Farm Lexington, Mass. , Scale 1 In. = 100 Ft. Sept.
23 , 1946, FredA. Joyce , Surveyor, Belmont , Mass. L.C.#19485, " and
owned by Lily C. Johanson, and construct therein a line of water
main with all necessary connections, shut-offs, and appurtenances
substantially as shown on a plan of Fred A. Joyce, Surveyor, Belmont,
Mass. , dated Sept. 23 , 1946, 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 purpose
of initially constructing and tnereafter 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 advantages other than the general
advantage to the community from such improvement comprises the
several lots hhown upon the plan of Fred A. Joyce, Surveyor, Belmont,
Mass. , above referred to which are designated in the schedule hereto
annexed and made a part hereof.
105
We estimate the betterments that would be assessed
upon each said parcel of landtobe 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 12th day of November,
1946.
SELECTMEN
/R/ A. Rdward Rowse
OF
/4/ Frm 1 H. Locke
/s/ George W. SaranEEXINGTON
/s/ William C. Paxton
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. November 1241946
Then personally appeared the above named A. Edward• Rowse ,
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,
* Errol H. Locke, George W. Sarano, and William C. Paxton
/s/ Hazel H. Murray
Notary Public
1
r
106 ,
1
44
SCHEDULE OF ESTIMATED bErl.e,AMENTS
REFERRED TO IN THE FOREGOING ORDER I
WOODCLIFFE ROAD
From Spring Street to Hudson Road a
distance of approximately 2410 feet.
Owner as of Jan. 1, 1946 Certificate Nr1. Lot No. Assessment
Lily C. Johanson 19485 23 $ 27.44
x x x x 28 130.00
x x x x 53 125 .46
x x x x 54 148.65
x " " " 57 126.31
x x " " 56 120.00
" " " x 82 126.31
x x x x 83 110.00
x x x x 84 111.28
It x " x 85 145.03
" " " " 112 100.00
x x " x 111 100.00
" " " " 110 100.00
" " x It 109 100.00
It " " " 108 100.00
x x " " 107 100.00
" " " " 106 100.00
" x " " 86 115.00
x ft " x 87 115.00
ft x It If 88 110.00
x x " x 91 105.00
II
x x " " 92 105.00
x x x x 93 105.00
ft " x x 94 105.00
,
107
Owner as of Jan. 1, 1946 Certificate No. Lot No. Assessment
!.ily"C. Johanson 19485 95 $105.00
" " " " 96 105.00
" 103 148.00
" " " " 102 100.00
" " " " 101 100.00
" " 100 100.00,
" # " " 99 100.00
" " " " 98 129.04
( Hudson Road) ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a Water Main
HUDSON ROAD
From Spring Street to Woodcliffe Road a distance
of approximately 900 feet.
WHEREAS, at a meeting duly called and held on March 25,
1946, 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
appropriation 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 1946, subject to the assessment of betterments, and
to take by eminent domain any necessary easements therefor. "
For the purpose of said installations the sum of $10,000.00
was transferred from the Water Department Available Surplus
Fund to the Water Oonstruction- Sundry Streeta Account.
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
II
Lexington, acting as a Board of Water and Sewer Commissioners,
for and in behalf of the said town, by virtue of the authority
---
108 00
.10
conferred upon them by the foregoing vote and of every other II
power them thereto enabling, hereby adopt this order of
I taking by eminent domain, for the said public improvement for
the purpose of constructing and maintaining a water main in
Hudson Road from Spring Street to Woodcliffe Road a distance
of approximately 900 feet as aforesaid, the following easement,
namely
The right to enter upon the land shown as Hudson Road on a
plan entitled, "Proposed Water Mains for Subdivision Plan of
Part of the Cutler Farm, Lexington, Mass. Scale 1 In. = 100 Ft.
Sept. 23, 1946, Fred A. Joyce, Surveyor, Belmont, Maws. L.C.
#19485, " and owned by Lily C. Johanson, and construct therein
a line of water main with all necessary connections, shut-offs,
and appurtenances substantially as shown on a plan of Fred A.
Joyce, Surveyor, Belmont, Mass. , dated Sept. 23 , 1946, 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 purpose 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 accord-
ance with the provisions of Chapter 80 of the General Laws. The
area which it is expected will receive advantages other than the
general advantage to the community from such improvemement
comprises the several lots shown upon the plan of Fred A. Joyce,
Surveyor, Belmont, Mass. , 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 WITNNSS WHEREOF the undersigned being a majority of the
Board of Selectmen of Lexington aforesaid have hereunto sub-
scribed our names this 12th day of November, 1946.
/s/ William G., pottegLECTMEN
/s/ A. Edward Rowse OF
/s/ George W. Sarano
/s/ ".»„i q Locke LEXINGTON
/s/ William C. Paxton
r
109
COMMONWALTH OF MASSACHUSETTS
IMiddlesex, ss. November 12, 1946
Then personally appeared the above named William G. Potter,
A. Edward Rowse, Errol H. Locke , George W. Sarano and William
C. Paxton, 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,
/s/ Hazel J. Murray
Notary Public
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
BUD80N ROAD
From Spring Street to Woodcliffe Road
a distance of approximately 900 feet.
Owner as of Jan. 1. 1946 Certificate No. Lot NQ. Assessment
Lily C. Johanson 19485 10 $ 15.61
" of " 11 15.00
,
n n n n
9 110.00
n n n n
40 130.00
n It n n 8 105.00
n If n „
41 125.00
if n n n
7 110.00
" " " " 69 125.00
" " " " 6 110.00
II n n n
5 158.91
n n " „
70 125.00
II "
n n f/
97 125.00
" " 239 109.71
n n n n 238 105.00
no G
of
(Underwood Avenue) ORDER OF TAKING
By the Town of Lexington of Easement edr the
Construction of a Water Main
UNDERWOOD AVENUE
From Spring Street to Woodcliffe Avenue a distance
of approximately 900 feet.
WHEREAS, at a meeting duly called and held on March 25, 1946, 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 appropriation therefor:
"Voted That the Selectmen be authorized to install water mains
not less than 6" nor more than 16" in diameter in such appepted or
unaccepted streets as may be applied for during the year 1946, subject
to the assessment of betterments, and to take by eminent domain any
necessary easements therefor." For the purpose of said installations
the sum of *10,000.00 was transferred from the Water Department
Available Surplus Fund to the Water Construction - Sundry Streets
Account.
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 Uommissioners,.
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 maintaining a water main in Underwood Avenue from
Spring Street to Woodcliffe Avenue a distance of approximately 900
feet as aforesaid, the following easement, namely:
The right to enter upon the land shown as Underwood Avenue on
a plan entitled, "Proposed Water Mains for Subdivision Plan of Part
of the Cutler Farm, Lexington, Mass. , Scale 1 in.= 100 Dt, Sen.
23 , 1946, Fred A. Joyce, Surveyor, Belmont, Mass. L.C. #19485," and
owned by Lily C. Johanson, and construct therein a line of water
main with all necessary connections, shut-offs, and appurtenances
substantially as shown on a plan of Fred A. Joyce, Surveyor,
Belmont, Mass. , dated Sept. 23 , 1946, 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 purpose
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 wase is cleared
111
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
advantages other than the general advantage to the community
from such improvement comprises the several lots shown upon
the plan of Fred A. Joyce, Surveyor, Belmont, Mass. , 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 previsions 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 12th day of November, 1946.
/s/ William G. Pott_er__TKEN
G a T,'.dward Rowse
OF
/s/ George W. Sarano
LEXINGTON
/s/ Errol H. Locke
/s/ William C. Paxton
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. November 12, 1946
Then personally appeared the above named William G. Potter,
A. Edward R•bwse, Errol H. Locke, George W. Sarano and William
C. Paxton, 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 ,
/s/ Hazel J. Lurray
Notary Public
112
cp
SCHEDULE OF ESTIMATED tir4ftr,tuto,141-0 it
itytrn.zL TO IN THE FOREGOING ORDER
I
viu bAokIOD AVENUE
From Spring Street to Woodcliffe Avenue
a distance of approximately 900 feet.
Owner as of ;an. 1, 191+6 Certificate No. Lot No. Assessment
Lily C. Eoh*nson 19485 18 $ 00.00
n n n * 19 20.00
n n n n 33 130.00
n it * * 32 130.00
n n ft n 48 125.00
It n n n 49 125.00
n n n n 62 125.00
n n IN It 61 125.00
n n n n 77 125.00 I
n n n * 78 125.00
n n n * 90 125.00
n n n * 89 125.00
118
ORDER OF TAKING
II (Munroe Road)
By the Town of Lexington of Easement for the
Construction of a Water Main
MUNROE ROAD
From Hudson Road to beyond Woodcliffe Road a distance
of approximately 1800 feet.
WHEREAS, at a meeting duly called and held on March 25, 1946,
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 appropri-
ation 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 1946, subject to the assessment of betterments, and to take
by eminent domain any necessary easements therefor. " For the
purpose of said installations the sum of $10,000.00 was trans-
ferred from the Water Department Available Surplus Fund to the
Water Construction - Sundry Streets Account.
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 Lex-
ington, acting as a Board of Mater and Sewer Commissioners, for
and in behalf of the said town, by virtue of the authority con-
ferred 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 maintaining a water main in Munroe Road from
Hudson Road to beyond iftodcliffe Road a distance of approximately
1800 feet as aforesaid, the following easement , namely:
The right to enter upon the land shown as Munroe Road on a
plan entitled, "Proposed Water Mains for Subdivision Plan of Part
of the Cutler Farm, Lexington', Mass. , Scale 1 In.= 100 Ft.
Sept. $3, 1946, Fred A. Joyce, Surveyor, Belmont , Mass. L.C.
#19485, " and owned by Lily C. Johanson, and construct therein
a line of water main with all necessary connections, shut-offs,
and appurtenances substantially as shown on a plan of Fred A.
Joyce, Surveyor, Belmont, Mass. , dated Sept. 23 , 1946, 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 reason-
' ably necessary for the purpose of initially construdting and
thereafter maintaining, operating, inspecting, repairing and
replacing from time to time the said water main. (the said town
114 00
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 inr_accordance
with the provisions of Chapter 80 of the General Laws. The area
which it is expected will receive advantages other than the general
advantage to the communtiy from such improvement comprised the
several lots shown upon the plan of Fred A. Joyce, Surveyor, Belmont ,
Mass. , 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 12th day of November, 1946.
/s/ William G. Potter
/s/ A. Edward RowseffELECTMEN
/s/ Errol H. Locke OF
/s/ George 17 Sarano
LEXINGTON
/s/ William C. Paxton
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. November 12, 1946
Then personally appeared the above named William G. Potter, A.
Edward Howse, Errol H. Locke, George W. Sarano and William C. Paxton,
and severally acknowledged the foregoing instrument by them sub-
scribed 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,
/s/ Hazel J. MMurra
Y
Notary Public.
115
SCHEDULE OF ESTIMATED BETTERMENTS
I
II
REFERRED TO IN THE FOREGOING ORDER
1I
MUNROE ROAD
From Hudson Road to beyond Woodcliffe Road
a distsnce of approximately 1800 feet.
Rimer as of Jan. 1 , 1946 Certificate No. Lot No. Assessment
Lily C. Johanson 19485 42 $ 105.00
» » » » 43 105.00
» » » » 44 105.00
» » » " 45 105.00
n " " " 46 105.00
» It » " 47 105.00
» » » » 50 106.00
II » » » » 51 105.00
» » » 52 100.00
» » » " 55 146.77
» » n " 26 146. 58
» If » " �9 100.00
» » » " 3o 100.00
» » It " 31 100.00
» » » " 34 105 .00
» If " " 35 105.00
» » » » 27 140.00
» » » » 96 105 .00
M » w » 37 105.00
" W " » 38 100.00
I » » » » 39 100.00
116 on
(Normandy Road) ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a Water Main
NORMANDY ROAD
From Hudson Road to Woodcliffe Road a distance
of approximately 1500 feet.
WHEREAS, at a meeting duly called and held on March 25 , 1946, 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 appropriation 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 1946, subject
to the assessment of betterments, and to take by eminent domain any
necessary easements therefor." For the purpose of said installations
the sum of $10,000.00 was transferred from the Water Department
Available Surplus Fund to the Nater Construction - Sundry Streets
Account.
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, THERKROR , 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 maintaining a
water main in Normandy Road from Hudson Road to Woodcliffe Road a
distance of approximately 1500 feet as aforesaid, the following
easement, namely
The right to enter upon the land shown as Normandy Road on a
plan entitled, "Proposed Water Mains for Subdivision Plan of Part
of the Cutler Farm, Lexington, Mass. , Scale 1 In.= 100 Ft. Sept .
23 , 1946, Fred A. Joyce, Surveyor, Belmont, Mass L.C. #19485, "
and owned by Lily C. Johanson, and construct therein a line of
water main with all necessary connections, shut-offs, and
appurtenances substantially as shown on a plan of Fred A. Joyce,
Surveyor, Belmont, Mass. , dated Sept. 23 , 1946, 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
purpose 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
117
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 advantages
other than the general advantage to the community from such
improvement comprises the several lots shown upon the plan
of Fred A. Joyce, Surveyor, Belmont, Mass. , 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 12th day of November, 1946.
/s/ William G. Potter
/s/ A. Edward Rowse SELECTMEN
/g/ Frrnl H TnokA OF
/s/ George W. SaranoLEXINGTON
/s/ Th'i 11 'tam C_ Pay-fro n
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. November 12, 1946
Then personally appeared the above named William G. Potter,
A. Edward Rowse, Errol H. Locke, George W. Sarano and William
C. Paxton,and severally acknowledged the foregoing instrument
by them subscribed to be their free act and deed and the free
ant and deed of the Board of Selectmen of the Town of Lexington,
before me,
/s/ Hazel J. Murray
Notary Public.
118 00
SCHEDULE OF ESTIMATED BETTERMENTS sio
REFERRED TO IN TBE FOREGOING ORDER '
NORMANDY ROAD
From Hudson Road to Woodcliff e Road
a distance of approximately 1500 feet.
Owner as Of Jan. 1. 1946 Certificate No. Lot No. Assessment
Lily C. Johanson 19485 71 $ 105.00
n n n n 72 105.00
I, It n n 73 105.00
n n t► 74 105.00
II tt n n 75 105.00
n n n n 76 105.00
n tt n It 79 110.00
n n n t► 80 110.00
" n n n 81 110.00
I
It ,t It n 58 105.00
II n n ft 59 105.00
It It n n 60 105.00
n n n It 63 105.00
n n n n 64 105.00
n it It n 65 105.00
II n n It 66 105.00
n n tt " 67 105.00
1
n It n n 68 105.00
119
According to information received from Mr. Carroll , Number
the following is the number of registered voters in Of
each precinct, as `oD November 5, 1946 Registered
Precinct 1 1859 Voters
Precinct 2 1510
Precinct 1646
Precinct #4 1868
At 8:40 p.m. Mr. John Baskin and Mr. John Lyon Castle
appeared before the Board. Heights
Mr. Baskin presented blueprints of the Castle Developm' t
Heights layout, which was approved by the Board of
Survey on October 28, 1946. He stated that Mr.
Carlson, who owns a parcel of land on Hayes Avenue
refuses to cooperate in any way in building the street
to be known as Castle Road.
Mr. Paxton said that if Mr. Baskin did not get per-
mission from Mr. Carlson, he will have to narrow the sippe
within the right of way lines.
Mr. Locke asked if any of Mr. Carlson' s property would
be distmabed.
Mr. Baskin replied in the negative.
Mr. Paxton said that Mr. Baskin had conferred with him
on this subject and wondered whether or not the Board would
be' willing to accept and build the street, providing he
paid his share of the costs.
The Chairman explained that the only way it could be
done is to ask Town Meeting to accept it .
Mr. Paxton suggested that a revision of the Board of
Survey plan might be worked our whereby Castle Road would
be built only as far as Mr. Carlson' s property.
The Chairman raised the question as to how this could
be accomplished if the plan is already recorded at the
registry.
Mr. Lyon stated that the plan has not yet been recorded,
and that he has it in his office.
Mr. Baskin and Mr. Lyon retired at 8 55 p.m.
A ttur record, Attest
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