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HomeMy WebLinkAbout1947-05-13348 Authorize Mr. Carroll to obtain bids for Water Construc- tion Loan SELECTMEN'S &METING May 13, 1947 The regular meeting of the Board of Selectmen was held. in the Selectmen's Rooms Town Office Building, on Tuesday evening, May 13, 1947,_at 7:30 p.m. There were present, Chairman Paxton, Messrs. Locke, Emery and Gay. The Clerk was also present. At 7:30 p.m. Mr. James J. Carroll, Town Treasurer, and Mr. Joseph H. DeFoe, Supt. of Public Works, met with the Board. Mr. Carroll said that he had received a letter from the Board requesting him to obtain bids on a $50,000 loan for water construction and inasmuch as the vote authorizing the borrowing was i'n 'two parts, it wasn't quite clear to him just what the Board desired. Mr. Paxton explained that the anticipated construction under the Betterment Act will be for water mains less than 16". Mr. DeFoe said that he believes now he should have asked for a $100,000. loan because the 16" pipe is coming through: The Chairman asked how the Board felt about borrowing an additional $50,000 and Mr. Locke said that if the work is going to be done, the money should be borrowed. Mr. Carroll suggested that a larger amount than $50,000 be borrowed and he explained that the entire amount will be due 15 years from this year regardless:of what year it is borrowed. The Chairman said that there is no question in his mind but that the Summer Street job will come through. MLr. DeFoe said he thought he could do the Summer Street and Lowell Street jobs much cheaper than they had been @Atimated, and he believed these two mains would be installed this year. The Chairman said it might be well to borfow $100,000 for 25 years and increase the borrowing on the other to $75,000 which would be $5,000 for five years. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to rescind the vote of the Board on May 5, 1947, requesting the Town Treasurer to borrow the sum of $50,000 for water construction (sundry streets)...Mr. Locke then moved that the Town Treasurer be requested to obtain bids on a loan of $75,000 for the installation of water mains, not less than 6" but less than 16" in diameter, said loan to be payable within a period not exceeding 15 years. Mr. Locke then moved that the Town Treasurer be requested to obtain bids on a loan of $100,000 for the installation of water mains over 16" in diameter, said loan to be paid within a period not ex- caeding 25 years. Mr. Emery seconded the motion, and it was so Voted (Authority for these loans was approved at the Adjourned Town Meeting held on March 24, 1947, Article #10.) Mr. Carroll retired at 8107 p.m. c 17) act 1 1 Mr. DeFoe informed the Board that Arthur Silva, employed in the Public Works Department, has been work- ing as a pusher and he would like to increase his wage rate from ;1.05 to $1.10 per hour. Mr. Emery moved that this request be granted. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe reported the request of the installation of a street light on North Street and advised the Board that in his opinion the request should be approved. The Chairmarq stated that there are a namber of requests for street lights which have been postppned until July and he thought this one should be considered at that time.. Mr. DeFoe recommended posting a sign on the Lincoln Street dump which would prohibit junkies from going into the dump on week -ends. Mr. Locke moved that the Sup't. of Public Works be aut Lorized to post the proposed Sign. Mr. Emery seconded the motion, and it was so voted. Mr. Gay moved that Mr. Sebastian Palladino be appointed a special police officer in the Town of Lex- ington for a term expiring March 31, 1948. Mr. Emery seconded the motion, and it was so voted. Mr. DeFoe said that residents of Grant Street have asked him to do something to relieve the very ppor con- dition which exists there at the present time. Mr. Locke said that he did not believe the Town could do anything. The Chairman stated that the Selectraeri have not discussed Grant Street or conferred with Mr. Richards and if the town enters at the present time a legal responsibility may be incurred. He said that if it were decided the street is not going to be built or cannot be built, it might be well to have it scraped. Mr. Emery said that it is almost impassible and that fire equipment might be damaged going over the street in the event of a fire. He said he thought the street should be raade passable at least for fire apparatus. The Chairman offered the suggestion that possibly the grader could be rented to Kr. Busa for scraping Grant Street and than the cost. abated. Mr. Emery said that he would prefer to have the Sup't. of Public Works discuss the matter with Mr. Lynch. Mr. DeFoe agreed to do so and retired at 8:15 p.m. Mr. John J. Garrity, Sup't. of Parks and Playgrounds met with the Board. The Chairman said that there is some question in his mind relative to putting the gate at the enclosed field on the corners that are tipped, 349 Increase Wages of Arthur Arthur Silva Street Light Request on, North St. Post Sigg on Lincoln Street Dump Appointed Sebastiano Palladino Special Police Repair of Grant St. Gate at Enclosed Field f 350 Bids for Fence at Belfry Hill & Athletic Field Board of Assessors meet with Selectmen Increase of Pay for Helen Ready and Mildred Thompson and Mr. Garrity said the gate would be put on individual posts. Mr. Locke asked what would keep the columns upright and the Chairman explained that they will be galvanized posts, 4" in diameter. The Board considered the bid submitted by the Victor Fence Co., Inc. in the amount of #130 for reset ing the gate at the new athletic field: furnishing an istalling gate posts and approximately 1? feet of 9' chain link fence and also their bid in the amount of #540 for furnish- ing and installing fence at Belfry Hill. The Yeomans -O'Connell Co. submitted a bid of #94.00 for the fence ang gate changes at the new athletic field and #5120 for furnishing and erecting a fence on Belfry Hill. Mr. Garrity said that both were very reliable firms. Mr. Gay moved that the bids submitted by the` Yeomans O'Connell Co. in the amounts of #94.00 and #520,,00 be approved. Mr. Locke seconded the motion, and it was so -Voted. Mir. Garrity retired at 8:40 p.m. The following members of the Board of Assessors met with the Board of Selectmen: Chairman Clyde E. Steeves, Messrs. Burnham, Emery, Shanahan and Spencer. Mr. Spencer stated that he would like an increase in salary for Miss Ready. He said that she had been in the Assessors Office for 28 years , is receiving #35.00 a week, is very much dissatisfied, and intends to retire. Mr. Spencer informed the Board that if Miss Ready leaves the employ of the Town he intends to get through also, and stated that this was final. The Chairman stated that in 1946 when the Budgets were being prepared the heads of the departments were invited to meet with the Selectmen, but evidently the Chairman of the Board of Assessors was tll at that time. He explained that it was the desire of the Board of Selectmen to keep the senior clerksat a maximum of 05.00 a week and at that time the Appropriation Committee agreed with them, and it was on this basis the salaries were determined. He said that Er. Spencer had approached him relative to this matter shortly after Town Meeting. Mr. Steeves said that he wondered if the Board of Selectmen appreciates what will happen if Mr. Spencer and Miss Ready leave that office and further stated that probably Mrs. Sullivan would leave also. The Chairman informed the group that the Selectmen had no reason to believe that Miss Ready was so valuable, and in fact it had been questioned many times as to her value. He said that some people even felt that Mrs. Sullivan was of more value than Miss Ready. Mr. Spencer and Mr. Steeves said that they disagreed. Mr. Steeves said that if Mr. Spencer were out of the office for any length of time, Miss Ready could answer all the questions, 1 1 351 The Chairman said he was glad to receive the opinion of the Board of Assessors on this question, and that this is the first time they have had concrete evidence that Miss Ready is worthy of an increase in salary. Mr. Gay asked what the Assessors felt should be her pay rate and Mr. Spencer said that both Miss Ready and Miss Thompson of the Tax Collector's Office should receive $40 a.week. The Chairman said that he thought an increase of $5.00 was too much. He thought Miss Ready would be happier if she received an increase of less than $5.00. Mr. Spencer stated that it would be much easier for him if her salary were increased to $40.00 a week. The Charman said that the Selectmen appreciated the position of the Board of Assessors but would like to have the opportunity to discuss the matter with the rest of the Board. The Chairman said that the Board would like to discuss with the Assessors the letter which they re- Discuss ceived from Commissioner Long pertaining to the trans- fer of $54,652.15 from the Excess and Deficiency Ac- Comm. count for Maturing Debt. Air. Steeves said that the Board Long's of Assessors has to work under Commissioner Long's orders Letter and there is nothing they can do. The Chairman asked Rei E. & if the Assessors could discuss the matter with Commissioner D. trans Long and Mr. Steeves replied in the negative, stating that fer the Town Counsel would discuss it with him. The Chairman asked if the Assessors would have any objection if the Town Counsel conferred with the Commissioner and Mr. Steeves replied in the negative. Mr. Steeves stated that Commissioner Long has worked 100% with the Assessors and more than once has told assessors of other towns that they should go to Lexington inasmuch, as we have one of the finest set-ups of any town in this ttate. Mr. Spencer said that they cannot afford to cross Commissioner Long. The Chairman said that he just wondered if the Assessors could persuade him to change his decision. Mr. Leland Emery asked if the Chair- man of the Board of Selectmen had in mind that he would like to go in to see Commissioner Long with some members of the Board of Assessors. Mr. George Emery said that he thought it was titithin Commissioner Long's judgment to ap- prove the transfer. Mr. Shanahan explained that the majority of Commissioner Long's letters are written in the form of a request and not in the form of an order. Mr. Spencer informed -the Board of Selectmen that a seconde letter has been received all items have been approved with the exception of this particular one. Mr. Spencer said he would be *Ming to discuss the subject with Commissioner Long. The Chairman asked if the Assessors felt that the town would be affected by taking 352 Approve Increase Ready & Thompson this money from the Excess and Deficiency Account. Mr. Spencer said that he would first have to know what the balance in the Excess and Deficiency Account is. Mr. Shanahan asked how low the balance in the Excess and Deficiency Account could be and still have a safe margin. The Chairman of the Board of Selectmen said that his Board felt that the minimum should be $100,000. Mr. Steeves asked if the Board of Selectmen would like to have the $54,652.15 transferred from the Excess and Deficiency Account and the Chairman replied that is definitely what the Selectmen would like. He said the Board of Selectmen would like to discuss the matter further and would advise the Assessors of any decision at which they would arrive. The Assessors retired at 9:05 p.m. Ills Board considered Mr. Spencer's request for an increase in the salary of Miss Helen Ready, senior clerk in the Assessors Department, and Miss Mildred Thompson, senior clerk in the Tax Collector's Department. Upon motion of Mr. Gay, seconded by Mr. Emery, it was voted to approve an increase of .$3.00 per week effective as of May 16, 1947, and to request the Appropriation Committee to trandfer the necessary funds from the Reserve Fund. It was decided to request that a representative of the Board of Assessors contact Commissioner Long in an endeavor to have him revise his decision relative to the transfer of $54,652.15 in the Excess and Deficiency Account for Maturing Debt. The Clerk was instructed to inform the Assessors that the Chairman of the Board of Selectmen would be pleased to meet with Commissioner Long with the Assessors or, if they prefer to handle the matter themselves, the Selectmen would have no objections. Chief Rycroft met with the Board at 9:10 p.m. The Chairman said the first item to be discussed was prohibiting heavy trucking on North Hancock Street. He explained that there has been an accident there recently and the people are anxious to have the street widened particularly at Chief the shoulders. He explained that the Board felt that Rycroft Re: something should be done to provide a sidewalk area for North North Hancock Street but it is not possible to do anything Hancock St. at the present time; therefore, if as a temporary measure heavyr_trucking were prohibited, it might be helpful. Chief Rycroft stated that he has no objection, but in his opinion it is not necessary. Mr. Locke questioned whether there was any heavy trucking on this street and reminded the Board that they could not stop delivery trucks. 0 1 1 1 353 Chief Rycroft stated that he has been on North Hancock Street four or five times and sat for an hour or an hour and a half at a time and it is not used for heavy trucking. The Chairman asked if the Chief has any sug- gestions. He replied that he knows this is a narrow street and "SLOW" signs have been installed which is all he has been asked to do. He said that it would be psxfectly all right with him if the Board decided to prohibit heavy trucking on this street. Mr. Locke said that possibly once the signs are erected the residents will want to keep them permanently. The Chairman said that possibl4 the problem could be solved some other way. The Chairman said that the Board would like to talk about tie Police Department so that they will know what is Speed going on. He said the important thing now is the number of Trap serious accidents in town.. Chief Rycroft said that Officer by Day is working alone on a speed trap and when he thinks a Police driver is going too fast he will check him and warn him. Dep't. A demand warning is a court case regardless of who the offendermay be. Under 40 miles an hour the first is merely a warning. Anything over 40 miles goes to court without a second warning. The Chairman asked if any legal traps had been operated and Chief Rycroft replied in the affirmative. The Chairman asked if the Chief had any suggestions relative to certain areas in town which should be considered from an engineering point of view and he replied in the negative. The Chairman asked the Chief if he could give the Board a report of the automobile accidents by months. The Chief replied in the affirmative and said that his Annual Report includes allist of accidents by months. The Chairman said that he has one other question and that is about juvenile delinquency, He said that he was of the impression that Juvenile Lexington did not have a juvenile problem until he heard Delinquen a recreation committee report which stated that the town cy Report of Lexington has one of the highest percentages of cases. by Chief The Chief said that he would first have to know where the Rycroft information came from. He said that different cities and towns have various ways of handling juvenile delinquency cases-. He said if this information was obtained from the Concord District Court, which is the only place that he knew of that it could be obtained, it is not correct. He said that some'of the cases may be committed by persons not living in Lexington, but the record is charged against Lexington. The Chief retired to obtain more detailed report and Mr. Robert Ryder met with the Board. Mr. Ryder presented a blueprint showing a layout of Mr. some of his property on Winthrop Road Extension and Sherburne Ryder Road. He stated that in 1938 he gave the town a drainage Re: easement. He said he now wants water in Winthrop Road and Easemk he would give the town an easement in this road and take on Winthrop Road 354 Chief Rycroft Re: Juvenile Delinquency Lawrence Miles 'Re: Director of Veterans Benefits wet take out the present easement. He said that he believed this could be done at the same time the water was installed. The Chairman explained that only $1,000 was appropriated dor easing a small drainage situation on Oakland Street. He stated that even if drainage were put in Winthrop Road he did not believe it could go in the same trench with the water. He said that he did not see how the Board could promise to move the easement and off hand, he thought it would be better to have it in the street or on the street right of way. However, it would require engineering work to determine the depthicuts would be necessary, size of the pipe, etc. He said that he did not believe that an immediate solution was possible. Mr. Ryder said that he would have no- objection if the easement were changed to follow a lot line. Mr. Ryder retired at 9:40 p.m. and Chief Rycroft returned to the meeting. The Chief read to the Board a list of all juvenile delinquency arrests for the period from 1940 through 1946. He said that Lexington does have juvenile delinquency but nothing which should cause any alarm. Mr. Emery explained that the Board is not criticising the Department and he thought that in all fairness the Chief should know that the person' who submitted the information on the juvenile delinquency admitted that it was' -not giving a fair picture. The Chief retired at 9:55 p.m.) and Mr. Lawrence Miles met with the Board. The Chairman explained to Mr. Miles that it was necessary to obtain a Director of Veteran's Services and Benefits. The individual to serve in this capacity must check the home conditions every three months and become familiar with all the different laws pertaining to veterans and assist veterans in whatever field they may require. He explained that; the Board of Selectmen does not feel that the present number of active cases requires a full time director but they do require a certain amount of wtime:., Mr. Miles asked how much of the *mark involved would be parallel with the Veterans/Administration. The Chairman said he believed this is set up by the State in conjunction with the Federal government and that it might require an evening or two a week. Mr. Miles asked if it was their intention to, have the Director available one evening a week for the veterans to discuss their problems. 1 355 The Chairman -Maid that he thought the Board felt that one evening a week would take:: care of the veterans coming in and another evening might be for paper work. The Chair- man said that it is not the Board's idea that this job should be a voluntary one but that there might be some compensation along with it. Mr. Miles said that if it took too much time he could not afford to assume the respon- sibility. The Chairman suggested that Mr. Miles read over the act establishing the position of Director of Veterans Services, contact the Commissioner at the State House and and then discuss the subject further with the Board at a later date. Mr. Miles agreed to do so and retired at 10:20 p.m. Rapid Transit A letter was received from the Planning Board relative to the eport of the Legislative Commission on Rapid Transit.. The Cl rk was _insttucted to send a copy of the communication to each member'of the Board. The Chairman read a letter from the Transportation Committee of the Town of Needham relative to the proposed Rapid Transit. Er. Locke --said that he believed this was something that must certainly come to Lexington and not terminate in Arlington. Mr. Gay said he thought it was up to the people of the town to decide whether or not they want the Rapid Transit. Mr. Finery, suggested that the Chairman of the Board call P.r. Seaver of the Needham Transportation Committee and ask him what particular advantage there is in signing the petition sub- mitted by his committee. A letter was received by Mrs. Charles Copelotti Offer far offering :150 for Lots 178-179-180 Arcola Street. The lots on Committee on tax title property recon ends a sale price of Arcola 5300. Lr. Locke moved that Mrs. Copelotti be advised Street that the Board of Selectmen will entertain an offer of $300 for these lots. Mr. Gay seconded the motion, and it was so voted. A.. letter was received from John A. Wiggin, 1447 Mass. Offer Avenue, Arlington, offering $100 for Lot 99 Leighton Ave- for loll nue, and the committee on tax title property recommended on the acceptance of the offer. Yr. Locke moved that the Leigh - offer be advertised in the Lexington Minute -Man be given ton further consideration at,the next meeting of the Board. Avenue Mr. Gay seconded the motion, and it was so voted. A form letter was received from Commissioner Long Saturday relative to Chapter 265 of the Acts of 1947 which provides Closing for a Saturday closing in the event that the town niey vote it. It was decided to hold this over until the Annual Meeting in March 1948. 356 War Parents of Xn}erica use of Estabrook Hall Use of Cary Hall to Mdsx. Cty. Ext. Serv. Use of Cary Hall for Graduation Dance Use of hall for fair by Lex. Grange Licenses Sign deeds to Lex- ington Golf Club and Donald E. McGowan Sign Mater Orders An application was received from the,War Parents of America for permission to hold a business meeting in Estabrook Hall on the evening of May 29th. Mr. , Locke moved the use of the hall be granted free of. charge. Mr. Gay seconded the -motion, and it was so voted. An application was received from the Middlesex County Exgension Service requesting, permission to con- duct a Homemakers' Day in Cary Hall on June 4th. Mr. Gay moved that the use of the Hall be granted subject to a charge of $30. Mr. Locke seconded the motion, and it was so voted. An application was received from Burton Knight for permission to conduct a graduation dance on June 13th. Mr. Locke moved that the use of the hall be granted free of charge. Mr. Gay seconded the motion, and it was so voted. An application was received from the Lexington Grange for permission to conduct a fair in Cary Hall on September 20th. Mr. Gay moved that the use of the hall be granted subject to a charge of $15. Mr. Locke seconded the motion, and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Locke, it was voted togrant the following licenses: Clarence E. MacPhee William J. Endres William Viano Richard Kelly 14 Baker Avenue 10 Oatland Avenue 1794 Mass. Avenue Lowell Street Sunday Sales (ren.) Peddler Sunday Movies _Sunday Golf Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to sign the deed prepared by Mr. Lynch, con- veying a parcel of land to the Lexington Golf Club. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted to sign the deed prepared by Mr. Lynch conveying Lots 230-234 Alpine 6treet, 205-211 Hayward Avenue and 227- 228 Colthnial Avenue to Donald E. McGowan. The Chairman explained that there are water orders to be signed for Burlington Street, Cary Avenue, Shad Street, Lincoln-.:. Street and Summit Road. He stated that these in- stallations are being made primarily to strengthen the system and have not been requested by the abutters. He 1 357 a ked if the Board felt that the abutters should be notified that a water main is going to be installed and an assessment' made. Mr. Emery asked if this would be done with the idea that an abatement w 11 be made. The Chairman said that they will receive certairetnefits but whether or not the full amount of the assessme should be paid is a question.. Mr. Locke said that he thought the abutters should be notified. Upon motion of Mr. Emery, seconded by Mr. Locke, it was voted to sign the orders in the following form: (Burlington Street) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington WHEREAS, the Town of Lexington at a town meeting duly called and held on March 24, 1947 duly adopted under Article 10 of the warrant the following votes: "Voted: That the Selectmen be and they hereby are authorized to install water mains not less than 6" but less that 16" diameter in such accepted or unaccepted streets as may be applied for. during the year 1947, subject to the assessment of betterments, and to take by purchase or eminent domain any easements necdssary therefor and to appropriate therefor the sum of 5170,000 which said sum shall be raised by the issue of bonds or notes of the Town, and that the Town Treasurer, with the approval of the Selectmen, -be and he hereby is authorized to borrow the sum of y$170,000 and tit issue bonds or notes of the Town to be payable in accordance with the provisions of General Laws Chapter 44, within a period not exceeding fifteen years. Voted. That the Selectmen be and they hereby are authorized to install water mains of 16" or more in diameter in such accepted or unaccepted streets as may be applied for during the year 1947, subdLect to the assessment of betterments, and to take by purchase or eminent domain any easements necessary therefor and to appropriate therefor the sum of $100,000 which said sum shall be raised by the issue of bonds or notes of the Town, and that the Town Treasurer; with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $100,000 and to issue bonds or notes of the Town to be payable in accordance with the provisions of General Laws Chgpter 44, within a period not exceeding twenty-five years". VOTED: By the Selectmen acting as a Board of Water and Sewer Commissioners under the authority of the foeegoing votes and of every other power them thereto enabling, that a water main be constructed in Burlington Street from present end near Grove Street 358 northerly and distant approximately 3130 feet, substantially in accordance with a plan entitled, "Plan of Proposed Water Main in Burlington St., Lexington, Mass. Scale 1 in.=- l00 Ft.. Apr.. 1, 1947, John T. Cosgrove, Town Engineer." 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 benefit or advantage other than the general advantage to the community from such im- provement is described as follows: That portion of those properties, on Street beginning at the present end near distant approximately 3130feet. The said area comprises the several lots shown upon the plan of. John T. Cosgrove, Town Engineer, hereinbefore referred to which are designated in the schedule hereto annexed and made a pert hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this 13th day of May, 1947. each side of Burlington Grove St. northerly and Mtddlesex,ss. /s/ William C. Paxton /s/ Errol H. Locke /s/ Frederick M. Gay of /s/ George W. Emery Lexington COMMONWEEALTH OF MASSACHUSETTS Lexington 73, Mass. May 13, 1947 Selectmen Then personally appeared the above named William C. Paxton, Errol H. Locke, george W. Emery and Frederick M. Gay and severally acknowledge the foregoing instrument and statement by them sub- scribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, /s/ Hazel J. hurray Notary Public 1 1 1 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER BURLINGTON STREET (From present end near Grove St. northerly and distant approximately 3130. feet) Owner as of January 1, 1947 Assessment Owen McDevitt et al. Arthur B. & Phyllis N. Pike Jack H. &,-Helen I. Johnson Lexington Ridge, Inc. James A. Wallace, Sr. Leonard W. & Marjorie E. Pihl John F. & Daisy W. McAvey John J. & Marguerite A. Mullen Arthur B. & P)ayllis N. Pike Peter & Margaret Helburn (Cary Avenue) ORDER OF TAKING 728.00 1285.00 1120.00 878.00 165.00 165.00 138.00 12.00 1560.00 210.00 By the Town of Lexington of Easement for the Consturction of a Water Main CARY AVENUE From present end to Shade St. a distance of approximately 750 feet. 359 WHEREAS, at a meeting duly called and held on March 24, 1947, 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 tihe following votes and made an appropriation therefor: 360 "Voted: That the Selectmen be and they hereby are authorized to install water mains not less than 6" but less than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1947, subject to the assessment of betterments, and to take by purchase or eminent domain any easements!necessary therefor and to appropriate therefor the sum of $170,000 which said sum shall be raised by the issue of bonds or notes of the Town, and that the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $170,000 and to issue bonds or notes of the Town to be payable in accordance with the provisions of General Laws, Chapter 44 within a period not exceeding fifteen years. Voted: That the Selectmen be and they hereby are authorized to install water mains of 16" or more in diameter in such accepted or unaccepted streets as may be applied for during the year 1947, subject to the assessment of betterments, and to take by purchase or eminent domain and easements necessary therefor and to appropriate therefor the sum.of $100,000 which said sum shall be raised by the issue of bonds or notes of the Town, and that the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $100,000 and to issue bonds or notes of the Town to be payable in accord- ance with the provisions of General Laws Chapter 44, within a period not exceeding twenty-five years." AND WHE72EAS, 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 end 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 Cary Avenue from present end to Shade St. a distance of approximately 750 feet as aforesaid, the following easement, namely: The right to enter upon the land shown as Cary Avenue on a Plan entitled,"Plan of Proposed Water Main in Cary Ave., Lexington, Mass. Scaled iA.= 40 Ft. May 9, 1947, John T. Cosgrove, Town Engineer," and owned by Robert M. Bent & Jacob Bloom, Robert L. & Mary E. Dicey, Marian F. Thwing, John P. & Martha A. Gorman, William H. & Effie S. Lyon, CC 1 1 1 361 Nickolas & Catherine DeLorenzo, Lee Randall, Blanche G. Rand et. als., Alexander Holmes, Charles W. & Robert L. Ryder, Trs., Charles'W. Ryder, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of John T. Cosgrove, Town Engineer, dated May 9, 1947, to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or ether duly authorized agents of the town to enter upon, dig up, ope d use the land embraced within the said way as may be reason lbyinecessary for the purpose of initially constructing and the fter main- taining,_ 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 improvement comprises the several lots shown upon the plan, of John T. Cosgrove, Town Engineer, 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 Lex- ington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of 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 sub- scribed our names this 13th day of Itiay, 1947. /s/ /s/ George W. Emery Selectmen /s/ Frederick M. Gay . of Lexington /s/ Errol•H. Locke 362 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. May 13, 1947 Then personally appeared the above named William C. Paxton, Errol H. Locke, George W. Emery and Frederick M. Gay 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 Select- men of the Town of Lexington, before me., /s/ Hazel J. Murray Notary Public SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER CARY AVENUE From present end to Shade St. a distance of approximately 750 feet. Owner as of Januaryrl, 1947 Land Ct. Cer. No. Lot No. Assessment Robert M. Bent & Jacob Bloom 58184 222 403.00 Robert L. & Mary E. Dicey 52593 122 65,00:; Robert L. & Mary E. Dicey 52593 123 51.00 Robert L. & Mary E. Dicey 5593 124 51.00 Marian F. Thwing 40441 125 51.00 John P. & Martha A. Gorman 30340 126 5140 William H. & Effie S. Lyon 58351 127 50.00 Nickolas & Catherine DeLorenzo 51256 116 50.00 Lee Randall 30785 117 50.00 Blanche t. Rand et. als. 40545 -118 50.00 Alexander Holmes 30050 119 50.00 Charles W. & Robert L. Ryder, TBS. 31203 120 50.00 Charles W. & Robert L. Trs. 31203 121 59.00 Charles W. Ryder 35682 1 207.00 363 (Shade Street) I Middlesex, ss. 1 L COMLOI TEALTH OF MASSACHUSETTS Town of Lexington WHEREAS, the Town of Lexington at a town meeting duly called and held on March 24, 1947, duly adopted under Aritcle 10 of the warrant the following votes: "Voted: That the Selectmen be and they hereby are authorized to install water mains not less than 6" but less than 16" in diameter in such accepted or unaccepted streets as may be appled for during the year 1947, aubject to the assessment of betterments, and to take by purchase or eminent domain any easements necessary therefor and to appropriate therefor the sum of 1170,000 which said sum shall be raised by the issue of bonds or notes of the Town, and that the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of 1170,000 and to issue bonds or notes of the Town to be payable in accordance with the provisions of General Laws Chapter 44, within a period not exceeding fifteen years. . Voted. That the Selectmen be and they hereby are authorized to install water mains of 16" or more in'diembter in such accepted or unaccepted streets as may be applied for during the year 1947, subject to the assessment of betterments, and to take by purchase or eminent domain any easements necessary therefor and to appropriate therefor the sum of 1100,000 which said sur: shall be raised by the issue of .bonds or notes of the Town, and that the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of ,$,100,000 and to issue bonds or notes of the Town to be payable in accordance with the provisions of General Laws Chapter 44, within a period not exceeding twenty-five years." VOTED: By the Selectmen acting as a Board of Yater and Sewer Commissioners under the authority of the foregoing votes and of every other power them thereto enabling, that a water main be constructed in Shade Street from the present end near Cary Ave. southeasterly and distant approximately 880 feet, substantially in accordance with a plan entitled, "Plan of Proposed ','Tater Lain in Shade St.,, Lexington, Mass. Scale 1 in.= 40 Ft. May 9, 1947, Jogn T. "osgrove, Town Engineer," 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 benefit or advantage other than the gneral advantage to the community from such improvement Is described as follows: That portion of those properties on each side of Shade Street beginning at the present end. near Cary Ave. southeasterly and distant 364 approximately 880 feet. The said area comprises the several lots shown upon the plan of John T. Cosgrove, Town Engineer, hereinbefore referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the scheaule hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this 13th day of May, 1947. Middlesex, ss. /s/ William C. Paxton /s/ Errol H. Locke Selectmen /s/ George W. Emery of /s/_ Frederick M. Cay Lexington COMMONWEALTH OF MASSACHUSETTS Lexington 73, Mass. May 13, 1947 Then personally appeared the above named William G. Paxton, Errol H. Locke, George W. Emery and Frederick M. Gay and severally acknowledged the foregoing instrument and statement by them subscribed to be their free'act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, /s/ Hazel J. Murray Notary Public 1 1 365 SCHUEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER SHADE STREET (From present end near Cary Ave. southeasterly and distant approximately 880 feet( Owner as of January 1, 1947 Land Ct. Cert. No. Lot No. Assessment Charles W. Ryder 35682 1 469.00 Charles W. & Robert L. Ryder, Trs.31203 2 50.00 J. Willard Hayden 40712 223 119.00 J. Willard Hayden 40711 224 50.00 J. Willard Hayden 40711 225 50.00 J. Willard Hayden 40713 226 50.00 J. Willard Hayden 40713 227 50.00 J. Willard Hayden 41414 228 50.00 J. Willard Hayden 41414 229 53.00 J. Willard Hayden 41449 230 55.00 J. Willard Hayden 41449 231 55.00 J. Willard Hayden 41449 232 54.00 Donald D. & Ruth V. Hathaway 59139 233 53.00 Donald D. & Ruth V. d,Iathaway 59139 234 52.00 H. Rodney Brooke 40720 235 51.00 Sergei & Cecilia P. Gaposchkin 45458 236,237A 75.00 Robert M. Bent & Jacob Bloom 58184 220,221 100.00 366 (Lincoln St.) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington WHEREAS, Vhe'.Town of Lexington at a town meeting duly called and held on March 24, 1947, duly adopted under Article 10 of the warrant the following votes: "VOTED: That the Selectmen be and they hereby are authorized to install water mains not less than 6" but less than 16" in diameter in such accepted or unaccepted streets as may be applied for ddrtng the year 1947, subject to the assessment of betterments, and to take by purchase or eminent domain any easements necessary therefor and to appropriate therefor the sum of $170,000 which said sum shall be raised by the issue of bonds or notes of the Town, and that the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $170,000 and to issue bonds or notes of the Town to be payable in accordance with the provisions of General Laws Chapter 44, within a period not exceeding fifteen years. Voted. That the Selectmen be and they hereby are authorized to install water mains of 16" or more in diameter in such accepted or unaccepted streets as may be applied for during the year 1947, subject to the assessment of betterments,and to take by purchase • or eminent domain any easements necessary therefor and to appropriate therefor the sum of $100,000 which said sum shall be raised by the issue of bonds or notes of the Town, and that the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized. to borrow the sum of $100,000 and to issue bonds or notes of the Town to be payable in accordance with the provisions of General Laws Chapter 44, within a period not exceeding twenty-five years." VOTED: By the Selectmen acting as a Board of Water and Sewer Commissioners under the authority of the foregoing votes and of every other power them thereto enabling, that a water main be constructed in Lincoln Street from the present end to Middle St. a distance of approximately 890 feet, substantially in accordance with a plan entitled, "Plan of Proposed Mater Main in Lincoln St., Lexington, Mass. Scale 1 in.= 40 Ft., May 9, 1947, John T. Cosgrove, Town Engineer". Betterments will be assessed for this improvement in accordance with the porvisions of Chapter 80 of the General Laws. The area which it is expected will recieve benefit or advantage other than the general advantage to the community from such improvement is descfibed as follows: i 367 That portion of those properties on each side of Lincoln Street beginning at the present end to Middle St. a distance of approximately 890 feet. The said area comprises the several lots shown upon the plan of John T. Cosgrove, Town Engineer, hereinbefore referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this 13th day of May, 1947. /s/ William C. Paxton Selectmen /s/ Errol H. Locke of 4a/ Gepp _W. Emery Lexington /s/ Frederick M. Gay COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington 73, Mass. May 13, 1947 Then personally appeared the above names William C. Paxton, Errol H. Locke, George W. Emery and Frederick M. Gay and severally acknowledged the foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, /s/ Hazel J. Murray Notary Public. 368 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. LINCOLN STREET (From present end to Middle Street a distance of approximately 890 feet) Owner as of January 1, 1947 Registered Land Cert. No. Assessment, Antonio Venuti & Frank Busa Thomas A. Napoli Emily R. Scheibe 49831 (Summit Road) ORDER OF TAKING By the Town of Lexington of Easement for the construction of a Water Main SUMMIT ROAD (Prom present end to Fern Street, a distance of approximately 510 feet) 907.00 157.00 507.00 WHEREAS, at a meeting duly called and held on March 24, 1947, 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 and they hereby are authorized to install water mains not less than 6" but less than 16" in diameter in such accepted or unaccepted streets as may be applied for during the year 1947, subject to the assessment of betterments, and to take Py purchase or eminent domain any easements necessary therefor and to appropriate therefor the sum of $170,000 which said sum shall be raised by the issue of bonds or notes of the Town, and that the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of $170,000 and to issue bonds or notes of the Town to be payable in accordance with the provision of General Laws, Chapter 44, within a period not exceeding fifteen years. Voted: That the Selectmen be and they hereby are authorized to install water mains of 16" or more in diameter in such accepted or unaccepted streets as may be applied for during the year 1947, subject 00 rte; mot 1 1 369 to the assessment of betterments, and to take by purchase or eminent domain any easements necessary therefor and to approp- riate therefor the sum of :'100,000 which said sura shall be raised by the issue of bonds_or notes of the Town, and that the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow the sum of ..100,000 and to issue bonds or notes of the Town to be payable in accordance with the provisions of general Lats.Chapter 44, within a period not exceeding twenty-five years." AND iEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said water main: NtIW THEREFORE, the Board of Selectmen of the Town of Lex- ington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority con- ferred upon them br: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 Summit Road from the present end to Fern Street, a distance of approximately 510 feet as aforesaid, the following easement, namely: The right to enter upon the land shown as Summit Road on a plan entitled "Plan of Proposed Water Main in Sumnit Rd. Lexington, Mass. Scale 1 in.= 40 ft. Aprl. 1, 1947, John T. Cosgrove, Town Engineer". owned by Bay State Builders Supply Company, Mildred G. Rotunno, Rose M. Anthony, Daisy G. Wilson, and construct therein a line of water main with all necessary connections, shut -offs, and appurtenances substantially as shown on a plan of John T. Cosgrove, Town Engineer, dated April 1, ,1947, 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 skid 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 improvementin 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 370 comprises the several lots shown upon the plan of John T. Cosgrove, Town Engineer, 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 said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supp- lemental thereto, IN WITNESS WHEREOF the undersigned being a majority of .the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this 13th day of May, 1947. Middlesex, ss. Then personally appeared the above named 'William C. Paxton, Errol H. Locke, George W. Emery and Frederick M. Gay 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 Select- men of the Town of Lexington, before me, /S1 William C. Paxton /s/ Errol H. Locke /s/ George W. Emery /s/ Frederick M. Gay Selectmen of Lexington COMMONWEALTH OF MASSACHUSETTS May 13, 1947 /s/ Hazel J. Murray Notary Public 1 1 371 SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGING ORDER SUMMIT ROAD (From present end to Fern Street, a distance of approximately 510 feet) Owner as of Jan. 1, 1947 Lot No. Assessment Bay State Builders Supply Company 35 $ 20.00 Mildred G. Rotunno Part 3 78.00 Rose M. Anthony 48 138.00 Bay State Builders Supply Company 49 194.00 Daisy G. Wilson 120.00 The Clerk informed the Board that the Lexington Athletic Date of Booster Club would like to change the date of their paper drive paper Drive. from Sunday, J'w a 15th, to Sunday, June 8th. Mr. Gay moved that Changed the request be approved. tar. Emery seconded the motion, and June 8th. it was so voted. The meeting adjourned at 11:55 p.m. A true copy, Attest: