HomeMy WebLinkAbout1947-05-26 378 0-�
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SEIECTMEN'S MEETING
May 26, 1947
1
A regular meeting of the Board of Selectmen was held
in the Selectmen' s Room on Monday evening, May 26, 1947,
at 7 30 P.M. There were present Chairman, Paxton,
Messrs. Locke, Emery and Gay. The Clerk was also present.
The Chairman read a letter from lir. Robert L Innis
Deny re- requesting the installation of a water main on Wilson Road,
quest Marrett Garden development. The Chairman said that this
for project was out of the question for this year because of
installat-the full program of work and shortage of pipe. The Clerk
ion of was instructed to advise Mr. Innis that it would not be
Water on possible to grant his request in 1947, but that betterment
Wilson #td.assessment sheets will be prepared and mailed to him for
this year. signatures.
a
Suggest The Chairman said that it would seem logical to raise
Raising betterment assessments inasmuch as the cost of material has
Better- increased in price. He also thought that the Supt. of
mdnt Public Works should submit to the Board the list of charges
Assess- now being made for water and sewer construction, frozen
ments meters, and shut offs.
At 7 35 P.M. Mr. James J. Carroll, Town Treasurer, 1
Bids met with the Board relative to borrowing for the installation
I submitted of meter mains. Mr. Carrollexplained that there are to be
for three separate loans , $20,000 for sewer mains, $75,000- for
Sewer water mains, and $100 ,000 for water mains. He explained
and that by lumping them together he was able to obtain a lower
Water rate and received eight bids as follows
Mains
Merchants National Bank 101.26 @ l °fo
Paine, Webber, Jackson & Curtis 101.16 @ 11%
E tabroolC & Co. , & Lee 'Higginson Co. 1011 , ,z 120
May Trust Company 101.09 @ 11%
First National Bank 100.92 P 1;%
Hornblower & Weeks 100.911 @leo
Second National Bank 100.91 @ 1-%
Lexington Trust Company 100.85 @ l %
Upon motion of Mr. Emery, seconded by Mr. Gay, it was
voted to accept the bids of the Merchants National Bank
submitted as follows
Merchants National Bank 101.26 1 0
Paine, Webber, Jackson, & Curtis 101.16 1 `1�
J. T. Esterbrook, Lee-Hugginson 101.14
Day Trust Co. 101.09 1 f
1st National Bank 100.92 1 100.91 1
Hornblower Weeks
2nd National Balk 100.95 1
Lexington Trust Co.
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Mr. Carroll retired at 7 40 P.M.
Mr. Carl Terhune and Mr. Joseph H. DeFoe, Sup't.
of Public Works met with the Board. Mr. Terhune in- Carl
formed the Board that the residents of Grant Street Terhune
had requested him to represent them and to appeal to and Mr. DeFoe
the Board of Selectmen to see if something cannot be Re: Drainage
done to stop the surface drainage which comes down on on Grant
to Grant Street from Oakland Street . He said the Street
residents in this area believe that something should
be done and that it can in a short time. Mr. DeFoe
explained that he had this in mind to do because the
money was appropriated in Town Meeting, but he had so To be
many other things which seemed to be of more importance done by
that he preferred to work this in between jobs. The August 1st.
Chairman asked the Supt when he thought he could take care
of this drainage and Mr. DeFoe replied that it is question-
able inasmuch as he has work lined up for three or four weeks.
The Chairman suggested that the people be advised that the
condition would be relieved by July first and Mr. DeFoe
said that he would prefer to delay it until August first.
Mr. Terhune said that he merely wanted the assurance that
this condition would be taken care of by a certain time .
The Chairman stated that if the Board gave the date of August
first the Supt of Public Works should clearly* understand that
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it must be taken cafe of by that date. The Chairman suggested
' that possibly some of the construction work could be let out by
contract because it is apparent that the maintenance work is not
being taken care of. Mr. DeFoe agreed to have the condition
remedied by August first. Mr. Terhune tetited at 7 55 P.M.
Mr. DeFoe stated that he has $6,200 left in his Request
snow removal account and he would like permission to approved
purchase two (2) new snowplows, trading in one old plow. for two
He explained that the Dyer Sales Machinery Co. will take snowplows
his old belt conveyor and allow the 00 which it costl.
They will also allow $150 for two old taar$50 for one of
the old snowplows. There will be an expenditure of $380
for the two new plows. The Chairman asked what type of
plow Mr. DeFoe intended to purchase and he replied that it
would be a 11* mold board. The Chairman asked if Mr. DeFoe
could purchase these two mold boards for $380 and he replied
in the affirmative. Mr. DeFoe requested authorization to
purchase chains for the town trucks.
He said that he has received a quotation for St. Pierre
chains - which he understands are comparable to Weed
Chains. Alfred J. Thibeault, Inc. submitted a price of $550.92,
subject to change. Sullivan Automotive Service , Inc. submitted
a price of $589.83 . The Hunt-Marquardt Inc . submitted a price
of $623 .89, subject to change .
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Mr. DeFoe explained that the Butts and Ordway Co.
would submit a bid when they know what the price is
going to be. The Chairman suggested that the Sup't
Voted to of Public Works contact the Board of Public We afire and
approve the Chief of the Police Department and include eny
purchase of chains that they may need in his order, which,of course,
Auto Chains will be charged to their separate accounts. Mr. Locke
moved that the Sup 't. of Public Works be authoriped to
place an order with the Alfred J. Thibeault, Inc. for a
supply of St. Pierre chains at their quotation of $550.92,
the chains to be delivered immediately to eliminate the
possibility of an increase in price. Mr. Emery seconded
the motion and it was so voted.
Mr. DeFoe explained that he has two propositions
Draining for providing drainage for the football field. One
Football will cost $5,900 and the second will cost $4,750. He
Field informed the Board that after thinking it over he believes
he can take care of the field with the funds now available.
He said that he could put in a short length of drain for
some 300 feet and the new culvert will lower the brook.
He said that he could dig out the fill and take a change
and see how long it will last. Mr. Emery asked how much
this would cost and Mr. DeFoe said he thought he could
do it with the 11,200 or possibly a little more. The
Chairman said that Mr. DeFoe could probably dig out the
330 feet, relay the pipe and back fill for somewhere around
$750. Mr. Emery stated that he definitely was not in
favor od doing anything that might disturb the Jackson
property without having some further engineering study.
Mr. Locke asked if the town drains the area, installs a new
culvert and pipe, what will be the need for lowering the
brook at Jackson' s. Mr. Emery said that it seems to him
there are so many difficulties that the Board should do
everything possible to make sure that this project will
come out right. He said that he thought possibly the town
should obtain the services of someone who has had experience
to handle this before any more money is expended.
A lengthy discussion was held on the subject and the
Chairman then explained that the problem, in his opihion,
was not of the enclosed field but a problem of drainage.
He said that he felt that it is possible to put loam on
the field now, seed it and use it. The Chairman said that
the completion of the enclosed field should be considered
and not the solving of the drainage of the North Branch
of Vine Brook. He said, personally, he would recommend
putting on the loam and seeding the field. Mr. Locke
said that he could not see any chance of doing any drainage
in this area this year. He said that to him it would appear
381
that there are two separate problems and he thought that at
the present time an effort should be made to grant the
field.
Mr. DeFoe informed the Board that he had received
a report from Mr. Anthony relative to the installation
of the water main on Summit Road. The Clerk was instructed
to alk the Town Counsel if the town has a right to take an
easement on private property, if in the judgment of the
Board of Selectmen the installation of water main is
necessary for the purpose of providing more adequate fire
protection.
Mr. DeFoe informed the Board that Mr. Cosgrove, the Richards
Town Engineer, and Mr. Lindstrom, the Building Inspector, House on
hdd some discussion with Mr. Richards about the possibility Grant
of moving his house on Grant Street if and when the con- Street
struction of the street is begun. If the town will give
Mr. Richards 54,000 and allow him to salvage the heating
and plumbing, he will be receptive to such a proposition.
A letter was received from the Department of Public Comm. of
Works informing the Board that the Commissioners have Public
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alloted, under the provisions of Section 34, Chapter 90 Works
General Laws, the sum of $1, 500 for the maintenance of Allow
Chapter 90 roads in Lexin6ton, on condition that at least $1, 500
$1, 500 shall be contributed by the Town and 41,500 by Subject to
the County. A copy of this communication was given to the Town k. Cty
Sup't . of Public Works. allotments
Mr. J. W. Greer who has made an offer for approx-
imately 34 acres of land off Westview Street, Lexington,
met with the Board. He said that a representative of the
Boston Edison Company had approached him and requested
permission to install a nigh tension wire across the
property in which he is interested. He said that as far
as he is concerned he has nothing to do with it inasmuch J.W. Greer
as he does not own the property. He said that the proposed Re land
line accof;ding to the present layout would come right where On West-
he wants to carry on light manufacturing. However, the view St.
Boston Edison Co. agreed to change the location somewhat.
The Chairman said that he understands that Mr. Greer was
going to work out some means of egrees. Mr. Greer said
that the Boston & Maine will allow him to enter on the
westerly side of the grade crossing but he will have to
build a cedar post fence and construct a road. The Chair-
man informed Mr. Greer that if he constructed any houses
he would definitely have to have a Board of Survey layputt.
382
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He stated that the Town Engineer would be requested to
prepare a sketch, 100' to the inch, showing the approximate
dimensions of this piece of property with its relation
to the 'Westview Cemetery and spur track, and also showing
a definite location of the right of way across the spur
track. Mr. Greer said that he would like to have the brook
straightened out if the town had no objection. The Chairman
adked Mr. Greer if he would retire for a few minutes while
the Board discussed the matter. Mr. Greer left the meeting
at 8 34 P.M.
The Chairman said that Mr. Greer had made an offer
of $3 ,000 on April 25th and he does not believe that the
Board should keep him waiting any longer than is absolutely
necessary. He asked if the members of the Board, upon
receiving the information from the Engineer, would be ready
to make a definite decision on Mr. Greer's offer next week,
so that the property may be advertised. Mr. Locke stated
that the Board does not have to advertise the offer and the
Board can vote to sell it to him without advertising.
Mr. Greer returned to the meeting at 8 40 P.M.
The Chairman explained that Mr. Greer has satisfied the Board
of Selectmen that he has made a start on finding an entrance
to this property and that he is familiar with the fact that
if he builds houses, streets will have to be built according
to town specifications. The Chairman said that the offer
submitted by Mr. Greer was 42,000 for 34 acres of land.
However, according to the Assessors there are only 23 acres
of land and he asked Mr. Greer if he wanted to revise his
offer. He replied that he thought 42,000 would be enough
for the land. The Chairman asked if he meant then that his
ofrer was $2,000 and not .43 ,000. Yr. Greer replied that he
was trying to be honest and the less he has po put into the
property now the more he cdn spend later. The Chairman
explained that some meLbers of the Board would like to
inspect the parcel of land , have a sketch made by the
Engineering Department, and be prepared to make a definite
decision next Monday night He said, however, that the
Selectmen cannot set the price add that Mr. Greer should
make up a definite offer for the land so that the Board
may consider it next week. He said that if Mr. Greer will
submit a definite offer the Board will have a definite answer
next Monday. Mr. Greer agreed to meet with the Board on
Saturday, May 31st, at one o' clock,to inspect the property.
He retired at 9 50 P.M.
J. W. Mr. J. Willard Hayden met with the Board of Selectmen
Hayden relative to the construction of a water main in Shade Street
Re The Chairman explained that there is a dead end on Shade
Dead Ends Street and another dead end coming down the hill and the
town finds that there is not sufficient water in that
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383
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section for adequate fire protection. One of the immediate
things which has been suggested to the Board is the elimination
of these dead ends, and the water main passing the properties
constitite a betterment assessment . Mr. Hayden explained that
the land he owns is farm land and will not be used and that he
paid for the installation of the water main put in several
years ago. He said that he does not understand why the town
now holds him responsible for connecting two dead ends. The
Chairman explained that lti.r. Hayden' s property could be sold
as indivmdual house lots at which time service could be made
from the main to the house , therefore, it is a betterment to
the particular house lots although the Board realizes that Mr.
Hayden may never use his property for this purpose. Mr.
Hayden said that if the proposition is a fair one he will not
make any argument. He said personally he does not like it.
Mr. Hayddn retired at 9 03 P.M.
Parega+aph omitted See %ale 383A
The contract was received from P'r. Garrity between
the Town of Lexington had the F. A :Bartlett Tree Expert F. A.
Co. for airplane spraying of trees in Lexington located Bartlett
on approximately 143 acres of parks and cemeteries. W. Tree Exp;
Emery moved that the contract be submitted to the Town Co.
Counsel and his approval obtained before it is signed by the Contract
Board. Mr. Locke seconded the motion, and it was so voted.
A deed was received from the Trustees under the will Deed to
of James S. Munroe to the Town of Lexington of the Munroe
property between Munroe Street and Massachusetts Avenue for Property
park purposes, the acceptance of which was authorized by Received
vote at the Town Leeting in Karel, 1947, Mr. Locke moved
that the deed be recorded at the Registry of Deeds, the fee
charged to the Unclassified Accounts. Mr. Emery seconded
the motion and it was so voted.
The Chairman read a letter signed by John W. and John ± aski,
Frances Lay Baskin, owners of land abutting on a portion surrender
of Pine Knoll Road and Grant Street, informing the Board of land
that they have elected to surrender such land to the Town to the
of Lexington. The Clerk was instructed to refer this town
communication to the Town Counsel.
A letter was received from the Town Treasurer stating Summons to
that on May 26th a summons was served upon him to attach attach
the goods and estate of Rupert H. Stevens in the sum of go da$1,000 to be answered the first Monday of July. Mr. Carroll- R. H.
informed the Board that at the time of the serving of the Stevens
summons there were no funds on hand due Rupert H. Stevens. No funds
IL _
384
41/4
Complaint The Chairman read a letter from Timothy �', a.J. uirlan
,
of Dog 63 Woburn Street, registering a complaint because of the
Nuisance nuisance of dogs owned by Faulkingham's, b2 Woburn Street,
by Tim. J. and Allen' s, 64 Woburn Street, -The Clerk was instructed to
Quinlan request the Dog Officer to inve gate the complaint and
submit a report in writing to th Board.
Offer for The Chairman read a letter from Joseph Scavitto, 265
Lots on Summer Street, Somerville, offering $150 for Lots #153-156
Bellflower inclusive, on Bellflower Street, The Committee on Tax Title
Street property recommended acceptance of the offer. Mr. Locke
moved that the offer be advertised and considered further
at the next meeting of the Board. Mr. Emery seconded the
motion, and it was so voted.
Offer for The Chairman read a letter from Walter E. Henningsen,
1 Lot on 10 Stratham Road, Lexington, offering $50 for Lot #7,
Reed St. recommended that the Board contact the owner of the abutting
property to give him an opportunity to purchase this 25 foot
lot. The Clerk was instructed to write the abutter and advise
him that the Town had received an offer for this parcel of
land and aak him if he would be interested in the purchase of
it.
Use of An application was received from the V. P. W. requesting
Hall to permission to conduct a meeting in Estabrook Hall and Confer-
, V.F. W. ence Room on the evening of June 4th from 8 00 P.M. to 11 00 P.r.
granted Mr. Locke moved that the use of the hall be granted free of
charge. Mr. Gay seconded the motion, and it was so voted.
Use of An application was received from the Memorial Day
Hall to Committee requesting permission to conduct Memorial Day
Memorial Excercises at Cary Hall on May 30th. Mr. Gay moved that
' Day Comm- the use of the hall be granted free of charge Mr. Locke
, ittee seconded the motion, and it was so voted.
hUse of An aapplication was received from Miss Helen Merrill
Hall to requesting permission to conduct rehearsals on Saturday
Helen afternoon, May 31st and Thursday evening, June 5th, in
Merrill Cary Memorial Hall Mr. Emery moved that the use of the
hall be granted subject to a charge of $25.00 . Mr. Gay
seconded the motion, and it was so voted.
Vote to The Chairman asked the Board to make some definite
Postpone decision relative to the tree at 51 Bedford Street which
Indefinitely was posted and a hearing held on April 8th. Mr. Emery
removal of
tree
* Block 95, Reed Street. The Committee on Tax Title property
The Paragraph omitted on page 383.
Mrs. and "hrs. John Coyne met with the Board.
Mr. Coyne said that he would like to know if any-
thing can be done which will enable him to purchase
the old Central:Fire Station on Merriam Street. He
said that he could pay cash for the building and
have it moved. The Chairman informed Mr. Coyne
that the Board of Selectmen has not yet determined Mr. & Mrs.
what is to be done with the building and further Coyne re
stated that there had been a number of requests for old
it. He said that as far as the land is concerned, Central
the town will retiain it. Mr. Coyne said that he Fire Station
must vacate his present tenement by June first and
he would like very much to buy this building. The
Chairman said that he did not know how the Board
could dispose of the building and that there would
be many things to check on and it would take some
time. He said that there is a possibility that
it might have to be presented at a town meeting
before the Poard would have the authority to dispose
of it. I He said that the Board will chebk on the
legal end of it and find out what can be done and then
advise Mr. Coyne. Mr. and Mrs. Coyne retired at 9:S5
P. M.
38
moved that this matter be indefinitely postponed. Mr.
Gay seconded the motion, and it was so voted.
The Chairman told the Board that Mr. R. L. McQuillan' s App't
term as a member of the Board of Health expires on June 1st. R.L.Mc
.Mr. Gay moved that Mr. R. L. McQuillan be reappointed a Quillan
member of the Board of Health for a three year term, expiring Bd.of
June 1, 19.50. Mr. Locke seconded the motion, and it was so Health
voted.
Upon motion of Mr. Emery, seconded by Mr. Locke , Sign
it was voted to sign the following water orders Sherburne Water
Road, Winthrop Road, and Cummings Avenue. Orders
(Sherburne Road) ORDER OF TAKING
By the Town of Lexington ar Easement for the
Construction of Water Main
SHERBURNE ROAD
From the present end southerly and distant alp-
'
proximately 540 feet to Winthrop Road
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 followinc votes, 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 lb" in diameter
in such accepted pt 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 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 ydar 1947, subject
to the assessment of betterments, and to take by purchase or eminent
domain &AY 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, an ethat the Town Treasurer, with the approval
of the Selectmen, be and7hereby is authorized to borrow the sum of
$100,000 and to issue bonds or notes df the Town to be payable in
accordance with the providions of General Laws Chapter 44 , within a
period not exceeding twenty-five years "
AND WHEREAS, the right bf way and easement hereinafter described
386
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AND WHEREAS, the right of way and easement hereinafter
described and taken are necessary for the establishmant4
and maintenance of the said water main,
NOW THEREFORE, the Board of Selectmen of the Town of
Lexington acting as a Board of Water and Sewer Commissioners,
for and in behalf of the said town, by virtue of the authority
conferred upon them by the foregoing vote and of every other
power them thereto enabling, hereby adopt this order of taking
by eminent domain, for the said public improvement for the
purpose m.P constructing and maintaining a water main in
Sherburne Road from the present end southerly and distant
approximately 540 feet to Winthrop Road as aforesaidc the
following easement, namely
The right to enter upon the land shown as Sherburne Road
on a plan entitled, "Plan of Proposed Water Main in Sherburne
Road, Lexington, Mass. Scale 1 in.= 40 Ft. May 22, 1947,
John T. Cosgrove, Town Engineer" and owned by Charles W.
& Robert L. Tyder, Trustees, Winnifred A. McArdle,
Victoria G. Driscoll, 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 22, 1947 to be
recorded herewith. The easement covered by this taking
included the right on the part of the Selectmen of the skid
town of 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 reasonalby 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
groung after the completion of the work in each case is
cleared of all surplus material and surface left in as smooth
and good condition as at the time of entry. )
Betterments will be assessed for this improvement in
accordance with the provisions of Chapter 80 of the General
Laws. The area which it is expected will receive advantage
other than the general advantage to the community from such
improvement comprises the several lots shown upon the
plan of John. T. Cosgrove , Town Engineer, aboyve referred to,
which are designated in the schedule hereto annexed and made
a part hereof.
387
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 subscribed
our names this 26th day of May, 1947.
/s/ William C. Paxton
/s/ Errol H Locke Selectmen
/s/ George W. Emery of
/s/ Frederick M. Gay Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. May 26, 1947
Then personally appeared the above named William C. Paxton,
Errol H. Locke , George W. Emery and Frederick M. Gay and severally
acknowledged the froregaing.instrument by them subscribed ,to bh
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 ,T, Murray
Notary Public.
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388 ac
SCHEDULE OF ESTIMATED BETT`1R1 NTS
REFERRED TO IN THE FOREGING ORDER
SHERBURI''E ROAD
From the present end southerly and
distant approximately 540 feet to
Winthrop Road
Land Court
Owner as of Jan. 1. 1947 Lot No. Cert. No. Frontage Assessment
Charles W. &L.Robert L. Ryder 51 125.0 $ 125.
Trustees
n n " ft » n 51 100,0 100.
n " " " " " 16N 31157 100.0 100.
n " " " " " 16M 31157 100.0 100.
ft ft ft ft " It 16L 31157 100.0 100.
Winnifred McArdle 160,63A 60774 100.0 100.
16P, 64A 60774 100.0 100.
Vietoria G. Driscoll 60 100.0 100 .
Tr " n 59 218.0 218 1
(Winthrop Road) ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a Water Main
WINTHROP ROAD
From Present End Westerly and Distant Approx-
imately 1400 feet to a point near Waltham St.
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 votes and made an appropriation therefor:
"Voted That. the Selectmen be and they hereby are authOrizwd
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 easement 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 to be payable in
accordance with the provisions of General Laws, Chapter 44
within a period not exceeding fifteen years.
389
"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 takes by purchase or eminent/
_n any easements necessary therefor and to appropriate therefor
the sura 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, and he hereby is authorized to borrow the
sum of $100,000 with the provisions of General Laws, Chapter 44,
within a period not.:exceeding twenty-five years. "
AND WHEREAS, the right of way and easement hereinafter described
and taken are necessary for the establishment and maintenance of the
said water main
NOW, THEREFORE, the Board of Selectmen of the Town of Lexington
acting as a Board of Water and Sewer Commissioners, for and in
behalf of the said town, by virtue of the authority conferred upon
them by the foregoing vote and of every other power them thereto
enabling, hereby adopt this order of taking by eminent domain, for
that said public improvement for the purpose of constructing and
maintaining a water main in Winthrop Road, from present end westerly
and distant approximately 1,400 feet to a point near Waltham Street, the
following easement, namely
The right to enter upon the land shown as Winthrop Road on a
Plan entitled, "Plan of Proposed Water Main in Wintatop Rd„ Lexington,
Mass. , Scale 1 in.= 40 ft. May 22, 1947, John T. Cosgrove , Town
Engineer. " and owned by Charles W. & Robert L. Ryder, Tr Lexington
Estates Trust , Victoria G. Driscoll, Beatrice H. Lamont , Arthur
G. & Germaine D. Bousquet , Raymond H. & Margaret M. Stearns , Donald
H. & Gertrude P. Hubbard, and construct therein a line of water main
with all necessary connections, shut-offs, and appantenances sub-
stanitally as shown on a plan of John T. Cosgrove, Town Engineer,
dated May 22, 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 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 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
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.
* to the community from such imprvement comprises the several
lots shown
390
at
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 supplemental
thereto ,
IN WITNESS WHEREOF, the undersigned being a majority of the
Board of Selectmen of Lexington aforesaid have hereunto subscribed oar
Names this 26th day of May, 1947.
/s/ William C, Paxtonselectmen
/s/ Errol H. Locke of
/s/ George W. Emery
/s/ Frederick M. Gay Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. May 26, 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.
I
391
SCHEDULE OF ESTIMATED BETTERMENTS
I
REFERRED TO IN THE FOREGOING ORDER
WINTHROP ROAD
From Present End Westerly and Distant
Approximately 1400 feet to a point near
Waltham Street
Owner as of Jan. 1. 1947 Land Ct. No. Fronatage Lot No. Assessment
Charles W. & Robert L. Ryder
Its. , Lexington Estates Trust 160.0 223 $ 160.00
Russell B. & Grace H. Kelley 103 .0 225 103.00
Charles W. & Robert L. Ryder,
Trs. , 168.0 226 168.00
" " t, n " 169.58 54 169. 58
" " t, " ,t 115.0 53 115.00
Victoria G. Driscoll 96.42 96.42
Beatrice H. Lamont 145.0 145.00
IIArthur G. & Germaine D. Boasquet 110.0 168 110.00
Raymond H. & Margaret M. Stearns 140.0 169 140.00
Donald H. & Gertrude P. Hubbard 190 .00 170 190.00
Charles W. & Robert L. Ryder, Trs. 95.0 95.00
" ft " " " 100.0 164 100 .00
" " " " " 100.0 165 100.00
" " e! " " 100.0 166 100.00
" " n tt It 120.0: 167 120.00
ORDER OF TAKING
By the Town of Lexington of, Easement for the
Construction of a Water Main
CUMMINGS AVENUE
From Hillcrest Avenue easterly and distant
approximately 160 feet
IWHEREAS, at a meeting duly Balled 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 give, duly adopted by
unanimous vote the following votes and made an appropriation therefor
392 x
gee
"Voted That the Selectmen be and they hereby are authorized
I
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 0170,000 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
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, witkin a
period not exceeding twenty-five years. "
AND WHEREAS, the right of way and easement hereinafter described
and taken are necessary for the establishment and maintenance of the II
said water main
NOW THEREFORE, the Board of Selectmen of the Town of Lexington
acting as a Board of Water and Sewer commissioners, for and in behalf
of the said town, by virtue of the authority conferred upon them by the
foregoing vote and of every other power them thereto enabling, hereby
adopt this order of taking by eminent domain, for the said public
improvement for the purpose of constructing and and maintaining a water
main in Cummings Avenue from Hillcrest Avenue easterly and distant
approximately 160 feet as aforesaid, the following easement, namely-
The right to enter upon the land shown as Cummings Avenue on a Plan
entitled, "Plan of Proposed Water Main in Cummings Ave. , Lexington, Mass . ,
Scale 1 in. = 40 Ft. Apr. 1, 1947 John T. ''osgrove, Town Engineer" and
owned by Louis C. & Alice E. Marlette and Esther Nicoli, 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 ether duly aduthorized agents of the tows to enter
upon, jig 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 I
393
to see that the ground after the completion of the work in each
cade is cleared of all surplus material and surfdce 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 Icnmprises
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
supplemental thereto,
IN "BITNESS WHEREOF the undersigned being a majority of the
Board of Selectmen of Lexington aforesaid have hereunto subsordtbed
our names this 26th day of May, 1947.
/s/ William C. Paxton
/s/ Errol H. Locke Selectmen
La/ George Emery of
/s/ Frer]eri nk ri_ r_flg Lexington
COP."i,SONWEALTH OF MASSACHUSETTS
Middlesex, ss. May 26, 1947
Then personally appeared the above named William C. Paxton,
Errol H. Locke, Gedrge W. Nmery 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 Selectmen
of the Town of Lexington, before me,
/s/ Hazel J. Murray
1Votary Public.
r
394 oc
C7
SCHEDULE OF ESTIMATED BETTERMENTSoft
'A
REFERRED TO IN THE FOREGOING ORDER
CUMMINGS AVENUE
From Hillcrest Avenue easterly and
distant approximately 160 feet.
Land Court
Owner as of Jan. 1, 1947 Lot No. Cert. No. Assessment
Louis C. & Alice E. 286, 287 33180 w' 50.00
Marlette
Esther Nicoll 283 , 284 42172 53 .66
The Chairman informed the Board that inquiries
have been received at the Selectmen's Office as to
Voted to whether or not the Town Office Building will be closed
Close on on Saturday morning following Memorial Day. Upon
May 31 motion of Mr. Locke, seconded by Mr. Gay, it was voted
July 5 to close the Town Office Building on Saturday morning1.
Aug.30 May 31st, Saturday morning, July 5th, and Saturday
morning, August 30th.
The Chairman also reminded the Board that it has
Skeleton been customary for the Town Offices to opestate on a skeleton
Force crew on Saturdays during the months of June, July and
1 During August. Mr. Gay moved that the Town Offices may be
Bummer operated with a skeleton crew on Saturdays during the
Months summer month.
The Clerk informed the Board that Mr. MacBeth, Acting
E Authorize Town Accountant, had called the office and made inquiries
Vacation as to whether or not he would receive any vacation pay.
Pay to Upon motion of Mr. Emery, seconded by Mr. Locke, it was
G.H. MacBeth voted to authorize payment of one week' s vacation to Mr.
George H. MacBeth.
Approve The Chairman informed the Board that he had read
Specifications the specificatiOns summitted by the Sup't. of Public
Works. He said that these can be used for letting out
bids for the construction of water and sewer mains, street
constriction, etc. He said that he understood from a
discussion with the Superintendent that the specifications
have been approved by Mr. Lynch, Town Counsel. Mr.
Emery moved that the Vpvised specifications be approved
as of May 26, 1947, it being definitely understood that
these specifications have been checked and approved by
the Town Counsel. Mr. Gay seconded the motion, and it
111- was so voted.
The meeting adjourned at 11 35 P.M.
A true Copy, Attest /
2C erk