HomeMy WebLinkAbout1947-06-16(see page 431 for meeting on June 2, 1947)
SELECTMEN'S MEETING
June 16, 1947
395
A regular meeting of the Board of Selectmen was held
in the Selectmen's Roomy Town Office Building, on Monday
evening, June 16, 1947, There were present: Chairman
Paxton, Messrs. Locke, Gay and Emery. The Clerk was also
present.
Mr. Thomas Donnelly, Chairman of the Board of;Fire
Engineers and Roy A. Cook, Deputy Chief of the Fire Depart- Board of
ment met with the Board at 7:30 P.M. Mr. Donnelly said
that the Board of Fire Engineers had been trying to obtain
a letter from Doctor Crumb to determine whether or not
Capt. Charles Richards' heart condition was.brought on
as a result of his work during the time he was employed
by the Town of Lexington as a.iember of the Fire Department.
Mr. Donnelly stated that Captain Richards now received
3126.53 a month and if he is entitled to an increase he
wiltreceive 3162.20 per month. Mr. Donnelly said that it
is the opinion of the Board of Fire Engineers that Captain
Richards should receive two-thirds compensation. The
Chairman of the Board of Selectmen said that he did not
know just what the Board will be able to do or how the
money may be made available. Mr. Locke asked if Captain
Richards was a member of the Contributory Retirement System
and Mr. Donnelly replied in the negative. Mr. Gay asked
if the proposed increase in pension would be retroactive
and Mr. Donnelly replied that he thought it would. Mr.
Emery stated that if Captain Richards is entitled to the
increase he thought it should be retroactive from the
beginning. The Chairman of the Board of Selectmen
stated that if payment is to be retroactive to 1946, Town
Meeting will have to act upon it because the Board of
Selectmen cannot pay 1946 bills in 1947. The Chairman asked
when Captain Richards made a request to the Board of Fire
Engineers for the increase and Mr. Donnelly replied that he
thought it was about two months ago. The Chairman said that
he thought the Board of Selectmen should receive a copy of
the request. The Chairman asked if Mr. Richards made a claim
for any previous time, and Mr. Donnelly replied in the negative
Mr. Emery said that Mrs. Richards stated that she thought that
he should be paid retroactive from the date of his retirement.
The Chairman of the Board of Selectmen asked Mr. Donnelly to
submit to the Board a copy of Mr. Richards' letter, a copy
of Doctor Crumb's letter and a letter from the Board of Fire
Engineers stating that they are in favor of the request.
It was decided to forward a copy of the above mentioned
letters to the Town Counsel and request him to submit to the
Fire Eng,
ineers
re
Richards'
Pension
396
Traffic
Light at
Harrington
& Bedford
Street
Request
Permission
to sell old
fire truck
Robert L.
Ryder Board
of Survey
Hearing
Board his opinion as to whether or not the Selectmen
can grant Mr. Richards' request for an increased pension,
and what the Board's right, responsibilities and limitations
are on the entire matter.
Mr. Donnelly said that the traffic light now located
at the corner of Harrington Road and Bedford Street is
not being used and the Board of Fire Engineers would like
to have it moved up to the Fire Station. The Chairman
stated that he thought it might be well to check with
the State Department of Public Works inasmuch as that
light was installed in its present location for a purpose.
He suggested that Deputy Chief Cook and the Supt. of
Public Works confer with the State Traffic Engineer's,
Office. Dept4y Chief Cook agreed.
Mr. Donnelly said there is an old fire truck which
has been stripped and is of no further use to the depart-
ment. He said that the Engineers have received an offer
of $25.00 and they would like to sell the unit. The
Chairman asked if the tires were any good and Deputy
Chief Cook said they were outsize and he would recommend
sposhg of the truck. Mr. Locke moved that the Board
of Fire Engineers be authorized to sell the truck which is
of no further use to the town. Hr. Gay seconded the
motion, and it was so voted.
Mr. Donnelly and Deputy Chief Cook retired at 7:55 P.M.
Mr. DeFoe, Robert L. Ryder and Albert Miller met with
the Board. Mr. Ryder's Board of Survey hearing, originally
held on May 21st, was adjourned to this meeting inasmuch as
the plans were not completed. Mr. Miller presented the
plans which had not been signed either by the Town Engineer
op the Planning Board. The Chairman asked if the Planning
Board had seen the plans. Mr. Ryder replied that they had
approved a larger. plan which is substantially the same.
The Chairman asked if the Planning Board had seen the plan
in recent months and Mr. Ryder replied in the'negative.
He again comented that the one he is presenting this
evening is substantially the same as the one the Planning
Board has seen. The Chairman informed Mr. Ryder that he would
have to have the plans approved by the Planning 1.oard and
have his bond and agreement prepared before the Board of
Survey could make any decision. Mr. DeFoe asked if the
Selectmen expected Mr. Ryder to have the agreement ready
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for the next Selectmen's meeting and the Chairmanli said that
he• would suggest that Mr. DeFoe confer with Mr. Ryder. Mr.
Ryder and Mr. Miller retired at 8:05 P.M.
Mr. E. A. Lindstrom, Building and Plumbing Inspector
met with the Board. Mr. DeFoe informed the Board that Resignation
Miss Tarbell, Clerkin the Building Department, has re- of Miss
signed and expects to leave June 28th. Mr. Lindstrom is Tarbell
of the opinion that this clerk has had too much work
and feels that he should have a girl for the Building
Department and another girl to take care of Mr. Garrity's
work. Mr. Lindstrom stated that Miss Tarbell spends 90%
of her time on Board of Appeals work. The Chairman said that
possibly Mr. Locke could advise the Board on that subject.
Mr. Locke said that the Board of ApPeals has been having
a number of hearings. The Chairman asked if the Board of
Appeals met every week and Mr. Locke replied that they
had been meeting every other week. Mr. Lindstrom said
that because of the fact that Miss Tarbell has to spend
;so much of her time on Board of Appeals work the Building
,and Plumbing records are away behind. Mr. Lindstrom said
;that he had no complaiht to make because Miss Tarbell is
, very efficient, but there is too much work for her to
handle alone. Mr. Locke said the records of the Board of
Appeals meetings are not up to date and that the orders
are typed because they must be filed with the Town Clerk.
Mr. Lindstrom said that he felt that the Building Department
should have one girl who would do hnly work for that Depart-
ment. The Chairman said that the Board of Appeals was very
closely associated with the Building Department. Mr. Lind-
strom said that there is too much work for one girl and that
Mr. Garrity has Sufficient money in his budget to hire a girl
who should do his work and the Board of Appeals work. Mr.
Locke questionedwhether or not it would actually take a
girl 90% of her time to do clerical work for the Board of
Appeals. Mr. Gay asked if there was any reason why a girl
couldn't be hired and Mr. DeFoe replied in the negative,
saying that Mr. Garrity has sufficient funds in his budget.
The Chairman said that Er. Garrity would life a full-time
girl and if he has one she will take care of playground
records. Mr. Gay asked if Mr. Garrity's work would warrant
q full-time girl and Mr. DeFoe replied in the affirmative.
Mr. Gay said that as he understood it, thee girls would
be required, one for the Board of Appeals, one for the Building
Department and one for the Park Department. Mr. DeFoe said
that even if money were available it is impossible to hire
three girls but he did think some effort should be made to
obtain a girl to replace Miss Tarbell. Mr. Der'oe asked if it
398
Accept
Salt Bids
Accept Bid
For Snow
Blades
actually took 90% of the clerk's time to do Board of
Appeals Work. Mr. Locke said he did not think it did.
However, Mr. Lindstrom was convinced that Miss Tarbell
spent 90% of her time on Board of Appeals work. The
Chairman saidthat he thought the first thing to do
was to hire a gill to replace Miss Tarbell and after that
is straightened out for the Suptt. of Public Works
tb make recommendations relative to the other clerk. Mr.
DeFoe agreed that as soon as he was able to locate a second
girl he would bring the matter up before the Board. The
Chairmansaid that when a new girl is employed to take
Miss Tarbell's place it will be necessary for Mr. Lind-
strom to sta7 in the office mornings until the new girl
becomes famiiliar with the work. Mr. Locke said that it
may be necessary to employ somebody with a senior clerk
rating who can take meetings and keep records. Mr.
Lindstrom retired at 8:25 P.M.
Mr. DeFoe informed the Board that he had requested
three bids for salt and has received only two replies,
both exactly the same. The International Salt Company
and the A 1antic Salt Company submitted bids of $10.80
per ton for approximately 80 tons. He said that he would
like to purchase the salt from the International Salt
C6mpany with whom the Town has done business in the past.
Mr. Locke moved that the Supt. of Public Works be author-
ized to place an order with the International SaltCompany
for approximately 80 tons of salt at a cost of $10.80
per ton. Mr. Gay seconded the motion, and it was so voted.
Er. DeFoe informed the Board
the following bids for snow blades:
Anderson
New Lig. Road Mach. Co.
Dyar Sales Company
that he had received
$583.00
447.95
586.40
Mr. Gay moved that the bid of the New England Road
Machinery Comkany, in the amount of 447.95, be accepted
and that the Sup't. of Public Works be authorized to
place an order. Mr. Locke seconded the motion, and it
was so voted.
Further discussion was held relative to the betterment
assessment levied againstPaul Bowser on Grant Street. The
Chairman said that the Supt. of Public Works could find
out the number of feet of Bowser's property abutting a
paved street and then the Board can request the Registry to
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discharge the assessment which is incorrect. Mr. DeFoe
retired at 8:45 P -M.
Mr. and Mrs. Charles G. Richards met with the Board
and the following remarks were made by the Chairman:
"Charlie, we have asked you and Firs. Richards here tonight
to sign the confirmatory deed for your two parcels bf land, all
detail in accordance with the oral agreement which was arrived
at between you and Mrs. Richard and I.Ir. Emery and myself repre-
senting the Board. Since it is -important that all details be
thoroughly understood between all of us and in order to record
the background of this agreement, and also to refresh the
memory of the other members of the Board who were not present
at our earlier meetings together, I wish briefly to review the
whole natter.
About a month after you had received the letter from the
Town which mentioned the betterment assessment on your
property, involved in the proposed construction, you telephoned
Mr. Emery and said that you would like to discuss the matter
with him. Subsequently you and lairs. Richards met jiyself and
Mr. Emery at the Town Office Building in this regard. You
info med Mr. Emery and myself that you would be willing to
sell Qhe Town your::parcels of land on Grant Street and Hayes
Lane for $4,000 if you were allowed to take away all your
personal property in the main house which included cooking
and heating ranges. You also wanted to take away any or all
of the out buildings. I told you that I thought the offer
was a fair one and that I would place it before the Board of
Selectmen at their next meeting and that we would let you
know very shortly their decision. Mr. Emery at this point
asked Mrs. Rmchards iftthis propositibn was acceptable to
her and she replied that it was. This matter was placed
before the Board at their next meeting and*firs. Richards ,
amain and asked you to come up to the Town Office Building,
which you did and you met with myself and Mr. Emery again
and we informed you that the Board had accepted your offer
but that the. Town Counsel had felt that in order to be
strictly within the terms of the vote of the Town Meeting
under Article 61, date of March 31, 1947, it would be better
if the matter were handled by Eminent Domain proceedings rather
than by an outright purchase-- there being no difference to you
since you would get the same number of dollars. You said that
was entirely agreeable_to you. At this point Mrs. Richards
brought up the question of a small balance still due the Town
for water betterment service, and we agreed that the balance
due on this account , %9,45.75, would be waived. The matter of
* they voted to accept your offer. We then.^contacted you and
400
this year's town real estate tax was also brought up and it
was agreed that this tax for the entire year 1947 would also
be waived insofar as you are concerned. It is understood,
of course, that the betterment assessment for the construction
of Grant Street is to be cancelled entirely. Mrs. Richards
spoke of wanting -'to have the fruit from the trees and I believe
certain produce €rQm your garden all of which we agreed to
We also agreed that you need not hurry in moving out of the
house and that it would be all right for you to stay there
at least another month or possibly two months longer. It was
also brought out in our discussion at this time that you would
not actually receive $4,000 free and @leer as the mortgage
balance due the Lexington Co-operative Bank of $658.80 would
have to go directly to them, and he deducted from the,$4,000.
As you were leaving this meeting Mrs; Richards spoke of
the matter of an increase in pension for Mr. Richards on the
grounds of alleged disability in line of duty when he was a
fireman. Mr. Emery said that he had some prior knowledge
of this matter due to his former connection with the Fire
Department, and that he was sympathetic to the matter but that
it had not been considered by the Board and could not be made
any part of the whole land taking proposition and I want to
make this latter point very clear. I also want it made tery
clear that no member of this Board has made any prdmise or
agreement to oruwith Iilr. or Mrs. Richards regarding the
pension or any other matter to induce them to sign the deed to
the Town for A,000. The Board of Enkineers of the Fire De-
partment have presented this matter to us earlier this evening
and we have voted to refer this matter to Town Counsel immedi-
ately in order that he may advise us what our rights, respon-
sibilities and limitations are on a situation like this, but
it must be understood that we are making no commitment either
expressed or implied, with you on this pension matter. It
must definitely go into our records that there is no connection
whatsoever between the two matters. Otherwise we cannot go
forward on this Grant Street proposition at all as the whole
affair would not be ethical. Town Counsel will send you
through the mail a formal notice with reference to this
Grant Street land taking and you will note that it says that
you have a legal right to have the damages for the land
taking assessed by jury and I would like to make it perfectly
clear to you that in signing this deed which we are presenting
to you now, you are forever waiving that jury right. You will
note that in the deed which you are signing, the sum of $4,000
is not mentioned nor are the other details of which I have
just spoken. No price is ever incorporated in a deed, but the
details which I have just outlined are understood, of course,
between us and will go into the records of the Clerk of the
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Board of Selectmen for your protection.
Now in regards to your getting your money -- if
you sign the deed to -night, authorization for the money
will be included on the warrant to be signed by the Board
on the 23d and we should have a check for you on the 26th
or 27th. There will, in fact, be two checks. One for
the amount of money which you will retain and one for
the amount of money which will go to the Lexington
Co-operative Bank to pay off the mortgage. The check
which goes to you will, of course, be given to you,
bdt,the other one made out to you and Mrs. Richards will
be endorsed by you, retained by us and delivered by us to
the bank -- this is just normal procedure as you know.
Do you agree with all that I have said, and does it all meet
with your approval?"
Mr. Richards said that he agreed and he regrets that the
pension matter had to be mentioned. He said that he did not
mean for it to be mimed up with this at all. He said that he
understood the matter of an increased pension was up to the
Board of Fire Engineers and he felt that when they presented
it to the Board of Selectmen it would be enough to discuss the
matter. Er. Richards said they no one has made him any promises
or propositions. Mr. and Mrs. Richards signed the dded conveying
two parcels of land to the Town; one beginning at a point in the
northeasterly line of Hayes Lane and the other beginning at the
intersection of the southwesterly line of Grant Street. The
Board of Selectmen signed the instrument to acquire by eminent
domain certain Richards' property for the construction of Grant -
Street from Hayes Lane to East Street. The Chairman gave Mr.
Richards a copy of the remarks made by him prior to signing the
deed and the order of taking. Mr. Richards said that he did not
want anyone on the Board of Selectmen to think that any statement
or promise /1ad been made to•him relative to his pension.
Mr. and Mrs. Richards retired at 9 P.M.
Mr. DeFoe and Mr. Thomas Napoli met with the Board. - Thomas
Mr. Natoli said that he would life to inquire about the Napoli
betterment in the amount of $157.00 which has been levied Re Better -
against his property for the construction of,a water main went
on Lincoln Street. H e said he wanted to know what benefit on Lincoln
or advantage he -will receive. The Chairman said that although St.
he may not connect to the main the land does receive benefit
because the main goes in front of his property and can be
connected. Mr. tapoli asked that in the event he should
develop the property would the purchaserhave to pay any further
betterment. Mr. Paxton said that there would be no further
402
betterment other than the charge for connecting from the
main to the house. Mr. Napoli asked if that would be stated
on the receipt he received if he paid the $157. The Chair-
man replied it would be on record at the Registry of Deeds.
Mr. Napoli said that he had a frontage;of about 800 feet
and had been charge only $157. Mr. DeFoe said that he
would have to check this as the figures were made in the
Engineering Department. Mr. Napoli asked if the assessment
is changed from $157.00 to approximately $800.00, if the.pay-
ment could be deferred until the property is uded for house
lots. The Chairman replied that there have been times when
mains have been installed and the property owners entered tato
an agreement whereby the betterments would be postponed until
such a time as he sells any portion or all of the property and
the chances are that this might be worked out with Mr. Napoli.
Mr. Napoli said that he has recently received ,a letter
from the County Oommissioners informing him that they are
going to take 800 square feet of his land to widen Lincoln
Street,,, He wanted to know whether the town or the county
would make the taking. The Chairman said that the town may
have to stand damages. Mr. Napoli asked why damages were
not awarded. The Chairman explained that they don't usually
award damages. He said that Mr. Napoli had been advised that
the county was going to take about 800 Square feet of his
property and that the county will be notified the exact date
when entry was made on Lincoln Street by the Town. The
county will then notify Mr. Napoli that entry has been,made
and he will have one year from that date to file a claim for
damages. The Chairman explained that the town does not
intend to construct Lincoln Street but merely to determine
the lines and straighten them. Mr. Napoli said that in
the event there is any so-called betterment to the property,
there is a line of pine trees all along the road which
shield the wind from his crops and if they are removed his
property would deteriorate from an agricultural point of view.
Mr. Paxton said that the town is not in favor of removing
trees if it is possible to save them. He also said that
Lincoln Street will not be constructed for at least ten years
and if there is any possible way of saving the trees he felt
certain that the tom would make every effort to keep them.
Mr. Napoli said that in the event the trees are removed
he felt that he should be compensated for them. Mr.
Napoli said that he is willing to pay whatever he has to
pay and the Chairman said that the water betterment assessment
charges would be checked. Mr. Napoli agreed to meet with
the Board again on July 14th. He retired at 9:25 P.M.
OC
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C'n
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Mr. DeFoe presented a list of water betterment Sarano
assessments levied against the Sarano property. The property
Chairman explained that there are a number of rumors Betterment
claiming that the Board of Selectmen has levied assess- Assessment
ments against the Barrymeade Farm. He said that he
explained to Mrs. Sarano that she has only received a
notice and that a bill has not yet been made out. The
Chairman said he did know that it was Mr. Sarano's idea
that entry would be made on Lincoln Street and he would
be off the Board of Selectmen and that he was going to
claim damages equal to the amount of the water betterment
assessments. The Chairman expldined that the orders are on
file at the Registry and whenever a real estate agent attempts
to sell a lot on the _Sarano Farm they find the water better-
ment assessment and the amount must be held in escrow. The
Chairman asked if lair. DeFoe wanted to know what the Board •
intends to do before he sends out the bills and Mr. DeFoe
replied in the affirmative. The Chairman said that Mrs.
Sarano is going to contest these betterments on the basis
that she feels the takings which have beenmade offset the
betterment charges. Mr. Locke asked what the total better-
ment charges are and I'r. DeFoe replied .1,540. The Chair-
man asked the Board whether or not he should contact Mrs.
Sarano and ask her to submit her request in writing. Mr.
Locke felt that the Board should have some communication
from Mrs. Sarano.
}Ir. DeFoe informed the Board that he was ready to Bids for
advertise for bids for water and road construction. He Water and Rd'
adked if the Board wanted him to select possibly a half Construction
a dozen bids or put the bids on the market. It was the
opinion of the Board that it might be better to select the
bidders. The Chairman wed Mr. DeFoe who he had in mind
and he replied that he/Miff as yet made up a list but would
have one ready for the next meeting.
Mr. DeFoe informed the Board that he had received a id for
bid from Joseph Cifre, Inc., 44 Winchester Street, Boston, Emergency
for installation of emergency lighting in the amount of Lighting -
1527.25. He said that he would receive a second bid in
the amount of 700-1800. Richard R-Ietchear will make the
installation for 1500. John Moakley & Son cannot see their
way clear to quote an installation price.. Mr. Locke moved
that the bid be awarded to the Joseph Cifre, Inc., and Mr.
Emery seconded the motion, and it was so voted.
Mr. DeFoe retired at 9:55 P.M. and Mr. Greer met with the
Board.
404
J. W.
Greer
Request
Permission
for
carnival
He said that he has not yet received a signature
from the railroad but he has been assured that he will
be given the right to cross the railroad property. He
said he would like to give the Board some kind of a
proposition on a $2,000 balls. The Chairman informed
Mr. Greer that he will have to meet the Town's require-
ments if he intends to subdivide the land. Mr. Locke
asked how large the driveway would be and Mr. Greer
said between 35 and 40 feet. He explained that he has
to keep 10 feet away from the railroad track. He said
he would like to make his offer $2,000 because hd cannot
do what he intended to do when he first started the project.
Mr. Gay akked if this was a new offer and the Chairman said
that it could be considered as such. Mr. Emery asked
Mr. Greer to retire from the meeting for a few mmnates until
the Board gave this offer further consideration.
The Chairman stated that the Board of Selectmen now
have on file an offer of $3,000. Mr. Locke said that the
Board had accepted Mr. Greer's figure in good faith and it
is on our records for $3,000. Mr. Greer returned to the
meeting at 10110 P.M. The Chairman said that two weeks
ago the Board discussed Mr. Greer's original offer and it
was decided that if he arae able to obtain a right di, way
the Board would sell the property for $3,000. He said the
.Board is of the opinion that they cannot accept anything
less. Mr. Greer said it will cost him $1,000 to build
the road and he will see what he can do with the Boston
Edison Company and give the Board a definite answer on
Wednesday. The Chairman explained to Mr. Greer that it
is expensive to detelop property in Lexington and before
any houses can be constructed it will be necessary for
Mr. Greer to have a survey made, streets laid out and
built according to town specifications. Mr. Greer retired
at 10:20 P.M.
Mr. John Fitzgerald, Adjutant, V.F.W., met with the
Board. The Chairman read a letter from Mr. Fitzgerald
requesting permission to conduct a carnival on the Lexington
Center Playground, during July 3 to 5 inclusive. In the
event the Board denied the request for a carnival the
organization would like permission to hold a field day. Mr.
Fitzgerald said that since writing tb the Board it has come
to his attention that there is some question about carnivals
being allowed in Lexington. The Chairman explained that the
Board used to grant permits for two carnivals a, year and that
they were held on the so-called Viano property, in East Lex-
ington. The people in that vicinity objected. He said that
the Board has discontinued issuing permits. Mr. Fitzgerald
said that the V.F.W. would like to conduct a field day to
make some money. However, since submitting this request- he
ias thought it might be well to set the date ahead, possibly
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to August 6 -9th, inclusive. The Chairman said that the V.F.W.
Board would have to give this further consideration inas- Request
much as all the playground activities would be involved.
He suggested that Ir. Fitzgerald draw up a plan or shhedule
of exactly what his organization would like to do and
submit it to the Board of June 30th. Mr. Fitzgerald agreed
and retired at 10:30 P.M. Mr. Locke stated that he did
not think the Center Playground should be used for any money-
making activity.
Mr. Daniel J. 01Conn&3. and Mr. John J. Coyne, met with
the Board relative to Mr. Coyne's request for permission
to purchase the old fire station on Merriam Street. The
Chairman informed Mr. O'Connor that Mr. Coyne had sub-
mitted an offer of $500 for the building and was advised
at that time that the Board of Selectmen had made no de-
cision as to the disposal of this property. He explained
that in order to sell it a Town Meeting vote would be
necessary. He said that some consideration has been given
to the possibility of utilizin;.this building as a storage
space for town equipment. Mr. O'Connell and Pur. Coyne re-
tired at 10:45 P.M.
A petition, plan and two copies of an order were re-
ceiied from the Boston Edison Company for the removal and
installation of one pole on Grant Street at Grant Place
and the plan has been approved and is signed by the Sup't.
of Public Works. Mr. Emery moved that the petition be
approved and the order signed. Pyr. Gay seconded the motion,
and it was so voted.
A contract in duplicate for the maintenance of certain
roads in Lexington under Chapter 90 was received from the
State Department of Public Works. Mr. Emery moved that the
contract be signed and returned to the State Department of
Public Works for their signatures. Mr. Gay seconded the
motion, and it was so voted.
A letter was received from Richard R. Blews requesting
the extension of water main to his lot on 14 Larchmont Road.
A copy of this letter has been referred to the Sup't. of
Public Works.
The Chatma read a letter from Robert C. Merriam
informing the Board that automobile, fire and theft policy
#332057, will expire on July first. Er. Emery moved that
the insurance policy be renewed through the office of Mr.
John Coyne
Re: old Fire
Station
Sign order
for removal
of pole on
Grant S .
Chapter
90 Roads
Request
For ex-
tension
'Water Main
Renew
Auto Fire
& Theft
Insurance
406
Merriam. Mr.' Gay seconded the motion and it was so voted'.
The Chairman read a letter from Mabel A. Beach, 47 Winter
Request Street, requesting a load of gravel to cover the stones on
Denied Winter. Street. The Clerk was instructed to acknowledge the
for letter and advise Mrs. Beach that the Selectmen have no legal
Gravel right to do any work on an unaccepted street.
The Chairman read a letter from the V.F.W. requesting
Deny permission to store bundled paper in the Barnes property
request until such time as they may be disposed of. Mr. Locke moved
to use that the request be denied. Mr. Emery sedonded the motion,
Barnes and it was so voted.
Property
The Chairman read ahletter from the V.F.W. requesting
Deny VFW the Board of Selectmen to consider the possibility of that
request to organization using the old fire station on Merriam Street
use Old as headquarters: The Clerk was instructed to acknowledge
Fire the letter and advise the organization that the Board has not
Station as yet made ang decision relative to the disposition of the
property, and when any decision is taken the organization will
be given consideration.
Deny re- The Board read a letter from .Lyron.W. Roberts requesting
quest of permission to rent the old fire station of Merriam Street at
MW Roberts a repair shop for automobiles. The Clerk was instructed to
to use acknowledge the letter and advise Mr. Roberts that the Beard
old Fire has not as yet made any decision relative to the disposition
Station of:the building:, and when any action is made his request will
be given consideration.'
Approve A list of bills totalling 01,583.90 was received from
Bills for Albert Frothinghaia, Clerk of the 19th of April Committee.
19th of Mr. Gay moved that the bills be approved and put through for
April payment. Mr. Locke seconded the motion, and it was so voted.
A letter was received from the Town Counsel relative to
Legal the taking of an easement for the construction of a water
Opinion main in Summit Road, a private way. Mr. Lynch stated that.
Mr. Emery had advised him that the water main was to be in-
stalled across private property connecting the main on Summit
Road with the main on Fern Road in order to eliminate two dead
ends, and increase the pressure for the purpose of providing.
more adequate fire protection. Mr. Lynch stated that on these
facts his opinion of June 2, 7,947, remains unchanged. He
stated that if the Board of Fire Engineers makes an application
,.g
1
1
407
to the Board of Selectmen for such an installation, the
Selectmen would be within the authority granted by the
1947 Annual Town Meeting and could take the easement
necessary to complete the, installation by purchase or
eminent domain. Mr. Fiery said that the next step is for
the Board of Fire Engineers to faraally request the
installation. The chairman stated that the Supt. of
Public works has a terrific amount of work scheduled and
if there is some question on this particular installation,
he personally, would just as soon have_it postponed. Mr.
Emery said that he knows as a matter or fact that the
Board of Fire Engineers will put themselves on a record
with the Board:or Selectmen tnat tney have recommended
the connection, and then if anything happens the respon-
sibility will be with the Selectmen. The Chairman explained
that the situation as it exists to -day is actually no
different than it was ten years ago. Mr. Emery said that
the Board should accept the situation with open eyes. 'Be
asked the Chairman if he would feel different about the
matter if Mr. 'Wilson withdrew his objection to the install-
ation, and Mr. Paxton replied in the affirmative. Mr. Locke
suggested that the Board obtain a letter from the Fire
Engineers and then find out whether or not Mr. -Wilson would
be willing to change his mind.
The Chairman read a letter from Mr. Lynch regarding Warren
a possible adjustment of claim of Warren E. -Russell for E.Russell
damages arising from the taking by eminent domain of his Claim
property in the rear of the ptigh school. Judge McChlland
had advised Mr. Lynch that he will recommend to Mr. Russell
that he accept $2,000 and waive his right to a jury assess=
ment of damages, if the Board is willing to settle on that
basis. The Chairman stated that if the Board settles for
$2,000 the additional amount will have to be requested at
Town Meeting. Mr. Emery asked how the Board would feel
about advising Mr. Lynch that the Selectmen recommend an
appropriation of $1,750. and a guarantee that a fence will
be built. It was decided"to advise the Town Counsel that the
Board of Selectmen are willing to request an additional ap-
propriation of $1,000 and in addition guarantee to Mr. Russell
that a fence will be constructed along the boundary line of
the present taking.
A letter was received from Wallace Weisinger offering
$50.00 for lots 16-17-18-, Block 95, on Park Street. The
committee on tax title property recommends $75.00 for the
three lots. The Clerk was instructed to advise Mr.
Weisinger that the Board of Selectmen will entertain an
offer of $75.00 for the three lots.
Wessin-
ger
Offer
for Lots
408
Licenses
Jury
List
Upbn motion of Mr. Looke,.seoonded by Mr. Emery, it
was voted to grant the following licenses:
William Viano 1794 Mass. Ave. Sunday Movies
Countryside Associates
Inc. Lowell St. Sunday Golf
Harvey T. Cowrie 93 Mass. Ave. Common vitt.&
(purchased store formerly owned and operated'by
Bertram C. Hebert. Chief of Police checked with
Bedford Police, where Comrie lives, and he
apparently has a good record.)
Upon motion.off Mr. Looke, seconded by Mr. Emery, it
was voted to':approve the 1947 Jury List as follows:
Name
Anderson, Robert A.
.Avery, Loyal L.
Barker, Duncan E.
Barnes, William A.
Barrett, Walter E
Barrows, Clifton F.
Baskin, John
Black, Harry C.
Blodgett, Frank
Bodge, Fred W.
Boyd, Harry C.
Boyes, Ernest H. S.
Britton, Frederick S.
Bryant, Joseph A.
Bullock, `hristopher
Burbidge, Harold W.
Burgess, Wendell H.
Burleigh, Dean R.
Bushard, James B.
Butters, George W..
Caldwell, Laurie S.
Cameron, Doanld B.
Casey, John R.
LIST OF JURORS .AS SUBMIT`1°ED BY THE BOARD
OF SELECT1I N OF THE TOYS. OF LEXINGTON,
1947
Occupation,
Engineer
Insurance
Electrician
Salesman
Superintendent
Tree Surgeon
Farmer
Accountant
Boat builder
Clerk
Office Mgr.
Salesman
Advertising
Chem. Mgr.
Painter
Milman
Carpenter
Machinist
Electrician
Manager
Carpenter
Insurance
Salesman
Address
7 York Street
33 Tower Road
447 Concord Avenue
13 Muzzey Street
8 Locust Avenue
8 Locust Avenue
45 Adams Street
136 Bedford Street
1654 Mass. Avenue
7 Belfry Terrace
30 Bedford Street
904 Mass. Avenue
8 Bedford Street
6 Colony Road
10A Hill Street
22 Butler Avenue
2 Wallis Uourt
14 Fair Oaks Drive
25 Bowkefi Street
40 Highland Avenue
27 Deming Road
30 Carville Avenue
8 Spencer Wrest
net
1
1
1
1
1
Name
Chadwick, Arthur B.
Chapin, Stanley E.
Chapman, Everett R.
Cobb, Stanley T.
Cochrane, John
Cole, Grant B.
Colby, William B.
Connell, James. J.
Copeland, Dwight L.
Corrigan, James F.
Costello, Edmund J.
Cos, Ralph E.
Crosby, Joseph C.
Cunningham, Thurman
Curtin, Daniel P1
Custance, Roy
Davis, George M.
Dearborn,. Horace G.
Dennis, Erwin A.
Dolan, Robert E.
Donnelly, Joseph
Donovan, Timothy P;
Doucette, Stanley
Dwyer, Charles L.
Ells, Clifford
Ferry, John A.
Fifield, Donald M.
Fletcher, Clifford'A.
Flynn, Henry A.
Foster, Larr'nN.
Freeman, Daniel H.
Funkhauser, Elmer N. Jr.
Galbraith, Thomas A.
Gardner William Q.
Gault, George
Goodall, Bewley
Gordon, Richard L.
Graves, George E.
Griffiths, Sherman C.
Grush, Russell
Gustin, Bertram P.
Hadley, Frederick C.
Hagar, Clayton M.
Occupation
President
Carpenter
Clerk
Bank Clerk
Expeditor
Gen. Manager
Shipyard
Adv. Solicitor
Engineer
Funeral Dir.
Bank Exec.
Clerk
Machine tools
Engineer
Lands. Gard.
Florist work
Clerk
Painter
Dist. Mgr.
Baker
C.E.A.
Electrician
Salesman
Electrician
Salesman
Machinist
Insurance
Cabinet maker
Plumber
Comm. Artist
Advertising
Ind. Eng.
Electrician
Manager
Route salesman
Estimator
Bdston Edison
Architect
Sales Mgr.
Printer
Salesman
Eng.
Ice Cream Mfg.
409
Address
18 Richard Road
516 Mass. Avenue
10 Curve Street
50 Bloomfield Street
2847 Mass. Avenue
97 Blake Road
127 Shade Street
55 Forest Street
12 Plymouth Road
109 Mass. Avenue
1468 Mass. Avenue
410 Waltham Street
38 Highland venue
21 Barnes Place
9 Marrett Road
9 -Kendall Road
36 Woddland Road
118 Marrett Road
31 Slocum Road
443a Mass. Avenue
48 Grant Street
144 Grant Street
20 char&es Street
15 Facemont Street
335 Marrett Road
86
25
46
1984
305
1377
Wood Street
Adams Street
Blossomerest Road
Oakland Street
Mass. Avenue
Bedford street
Mass. Avenue
178 Waltham Stbeet
,30 Bloomfield Street
430 Masa. Avenue
10 Lexington Avenue
905 Mass. Avenue
33 Adams Street
15 Highland Avenue
28 Burlington Street
84 Middle Street
4 Candlewick Close
28 Slocum Road
410
Name
Hagerty, William D.
Hall, Earle R.
Hall, John G.
Hampton, Daniel D.
Hannon, Kenneth E.
Hanson, Harry
Hargrove, John. H.
Hathaway, Alton H.
Heath, Charles
Hodgdon, Milton F.
Hogan, Charles E.
Hosford4 John J.
Husdon, Frank -E.
Hunneman, Frederick B. Jr.
Aunt, George V.
Hurley, Stephen E.
Hyde, Walter L.
Johnson, Haorld S.
Johnson, ploy
Johes, Vernon C.
Kenealy, John T.
Keyes, John P.
Kraetzer, Joseph G.
Kropp;, George V.
Langton, George P.
Lawrence, Herbert M.
Lee, Rbbert C.
Lewis, Thomas B.
Litchfield, Harry W.
Locke, Wilbur
MacDonald, James
Manning, John J.
Marshamn, Stanley C.
Martin, Emil W.
Meehan, William C.
Metcher, Charles R. Jr.
Miller,
HEM •
Moon°, Thomas
Morey, George P.
Morey, Lloyd H.
Morris, Thomas C.
Murphy, John F.
Occupation
Address
Wool Business 6
Accountant 917
Paper Bag Industry 18
Barber 20•
Manager 52
Car Inspe* th r 50
Auditor 3058
Food Broker 16
Insurance 70
Prod. Control 36
Underwirter 34
Mfg. 55
Telephone 23
Superintendent ; 3
Post Office 58
Machinist 53
Superintendent 22
Eng.
Insurance
Accountant
Merchant
General Agent
Insurance
Chemist
Supt.
Hardware
Ins. Underwriter
Fuel Price Sp.
Milk Dealer
Adv. Agt.
Pub. Director
Gen. Mgr.
Pathescope
Sales Rep.
Pais ,er
Ass't Treas.
Sales Eng.
Salesman
Broker
Treasurer
Chemist
Branch Mgr.
Lincoln Street
Mass. Avenue
Stratham Road
Bartlett Avenue
Maple Street
Tucker Avenue
Mass. Avenue
Vine Brook Road
Burlington Street
Hayes Avenue
Hayes Avenue
Spring Street
Baker Avenue
Wallis Court
Farmcrest Avenue
IndpeOndence Road
Forest Street
31 Vine Brook Road
2295 Mass. Avenue
51 Gleason Road
15 Independence Ave.
3 Sunny Knoll Ave.
85 Merriam Street
19 Cedar Street
36
9
59
1949
6
Fuller toad
Highland Avenue
Jackson Court
No. -Hancock Street
Mass. Avenue
Middle Street
93 Burlington -Street
40 Outlook Drive
19 durve Street
33 Pollen Road
182 Waltham Street
30 Edgewood Road
049 Pollen Road
84 Simonds Road
90 No. Hancock St.
12 Daniels Street
4 Robbins Road
64 Marrett Road
1
1
1
1
1
Name
McCausland, Elton B.
MoElman, Clarence E.
McLaughlin, Patrick
McNeil, John T.
Nordstrom, Karl
Noyes, Brainerd J.
O'Connor, William
Ormanyl, Frederick S.
Parsons, Philip B.
Peabody, Henry F.
Peck, Charles B.
Peirce, James A.
Perkins, Frank R.
Phillips,. William E.
?reStan, Reuben
Ray John M.
Robinson, Vernon T.
Russell Herbert P.
Rymal, Ira J.
Sears, Edson 8.
Seaver, James B.
Shoemaker, Theodore
Silsby, Frederick W.
Silva, James.E.
Slocumb, Louis W.
Smith; Clarence E.
Smith, Walter C. Jr,
Snyder, Paul R.
Soderberg, A. Randall
Southworth, Lyon
Stevens, Damon B.
Stevens, Frank L,
Stevens, -Peter H.
Sweetser,Douglass D.
Parboil, Carl B.
Teele,-Norcross
Temple, Walter F.
Thayer, Raymond H.
Thompson, John H.
Occupation
Manager
Buyer
Bus Driver
Carpenter
Chemist
Manager
Gas Station
Nursery
Artist
Accountant
Salesman
Adv. Mgr.
Parch. Agent
Davis Aircraft
Electrician
Druggist
Retired.
Office Mgr.
Regional Mgr.
Pharmacist
Inv. Broker
Cont. Eng.
Sail Maker
At home
Sales Mgr.
Broker
Salesman
Banker
Auditor
Chemist
Rubber Business
Famrer
Engineer
Dept. Mgr.
Salesman
Real Estate
Paper Salesman
Leather Salesman
Nagy Yard
Address
1 Berwick Road
30 Farmcrest Avenue
11 Fletcher &gene
28 Fletcher Avenue
28 Sherman Street
36 Reed Street
290 Marrett Road
104 Bedford Street
18
8
5
2184
15
10
18
Revere Street
Curve Street
Washington St.
Mass. Arenue
Woodland Road
Blonmffeld Street
Fair Oaks Drive
55 Reed Street
3 Audubon Road
6 Berwick Road
12 Merrian Street
10 Berwick Road
2 Plymouth Road
191 Waltham Street
19 Muzzey Street
1 Sheridan Street
91 Gleason Road
6 Pinewood Street
17 Coolidge Avenae
19 Bertwell Road
51 Dexter Road
10. Audubon Road
25 Highland Avenue
11 Winthrop Road
31 Hancock Street
2 Hilltop Avenue
2 Raymond Street
44 Bloomfield Street
1894 Mass. Avenue
17 Nichols Road
274 Marrett Road
411
412
Vaughn, Charles F.
Viano, Ernest E.
V&ano, Lawrenoe F.
Waddleton, Joseph P1
'Waite, Edwin L.
Walker, Bernard L.
Weiti, Edgar
White, Bradford C.
Wills, Frederick D.
Wilson, David P.
Wilson, John A.
Winlock, Harvey F.
Winslow, Ralph T.
Woodall, Franklin E.
Veterans
Agent
Approve
Request
of Navy
Club
Sign Water
Orders
Boulder &
Preston Rds.
Ac co iuTtaat
Garage
Garage Owner
Steam.Tnap.
Chadffeur"
Radio Service
Wieltbr
Mech. Eng.
Engineer
Clerk -
Maintenance
Porch. Agent
R. R. -Accountant
Salesman
5 Cottage Street
186 Bedford Street
14 Vine Broo Road.
15
68
30
302
3
58
62
61
43
22
Norton. Road
Bow Street -
Brookside Avenue
Marrett Road
Hancock Avenue
Prospect Hill Rd.
Blake Road.-,
Fern Street
Merriam Street
Locust Avenue
Hancock Street
A memorandum pertaining to Veteran's Agent was received
form Lawrence Miles and it Was decided to hold this over
until the next meeting of the Board.
A letter was received from the Navy Club of the U.S.A.
requesting permission to locate a mobile war ekhibit in Lex-
ington. Mr. Emery moved that the Navy Club be permitted to
use the driveway of the Barnes property for their exhibition.
Mr. Gay seconded the motion, and it was so voted.
On motion of Mr. Locke, seconded by Mr. Emery, it
was voted to sign water orders for Boulder and Preston Roads
in the following form:
(Boulder Road)
ORDER or ANG
By the Town of Lexington of Easement for the
Construction of a Water Main
BOULDER ROAD
From Blake Road -easterly and distant approx-
imately 410 feet.
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 give, duly adopted by
1
1
413
uanaiwees vote the following votes and made an appropriation
therefor:
"Voted: That the.Selettmen 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 aa may be applied
Por during the year 1947, subject to the assessment of betterments,
and to take by punchase or eminent domain any easements necessary
therefor and to appropriate therefor the sum of $170,000 which
mid shall be rained by the issue of bonds or notes of the
Town, and that the Town Treasurer, with the approval of the Select-
men, 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
dum 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."
AND WHEREAS, the right of way and easement hereinafter described
and taken are necessary for the establishmetrt and maintenance of the
said water main:
NES 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 foregthing 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 Boulder Road from Blake Road easterly and distant
approximately 410 feet as aforesaid, the following easement, namely:
The right to enter upon the land shown as Boulder Road -on a
Plan entitled, "Plan of Proposed Water Main in Boulder Road, Lexington,
Masa., Scale 1 in.= 40 ft., May 22, 1947, John T. Cosgrove, Town
Engineer," and owned by W. John and Frances May Baksin, and
cconstruct therein a line of water main with all necessary connections,
shut -offs, and appurtenances substantially as shown on a plan of
din T. Cosgrove, Town Engineer, dated May 22, 1947, to be recorded
414
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 maybe reasonably necessary for the purpose of
initially constructing and thereafter maintQin41g, 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 shown upon the plan
of Sohn 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 t� 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 aforesdid have `
hereunto subscribed our names this loth day of June, 1947.
/s/ wIlliair C. PaxtorZelectmen
/s/ George W. Emery of
/s/ Frederick M. Gay Lexington
COMMONWEALTH OF MASSICBUSETTS
Middlesex, ss. June 16, 1947
Then personally appeared the above named William C. Paxton,
George W. Emery and Frederick M. Gay and severally acknowledge
CO
IKZ
1
1
1
the foregoing instrument by them subscribed to be their fgee
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
rotary Public
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
BOULDER ROAD
From Blake Road easterly and distant
approximately 410 feet.
Owner as of Jan. 1, 1947 Lot No.
Assessment
W. John & Frances May Baskin A $ 112.00
B 101.89
" " C 67.55
50.00
" E 50.00
tt tt tt
F 90.00
tt n n
G 90.00
90.07
(Preston Road) .ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a Water Main
PRESTON ROAD
From Blake Road. southwesterly and northwesterly
and distant 900 feet bo Nichols Road
415
416
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 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 appmoval 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
saws, 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 tha 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."
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 town4 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 takingby eminent domain, for the said
public improvement for the purpose of constructing and maintaining
a water main in Preston Road from Blake Road southwesterly and north-
westerly and distant 900 feet to Nichols Road as aforesaid, the
following easement, namely:
The right to enter upon the land shown as Preston Road on a Plan
entitled, "Plan of Proposed Water Main in Preston R4., Lexington,
Mass., Scale 1 in.= 40 -ft., May 22, 1947, John T. osgrove, Town
Engineer", and owned by W. John and Frances May Baskin, John C. &
1
1
417
Sarah C. Gale, Addie L. Kendall, Howard 0. & Annie E. Nichols,
John A. A. Higgins, and construct therein a line of water main
withall necessary connections, shut -offs and appurtenances Sub-
stantially 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 ageahe
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 it 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 Laww. The
area which it is expected will receive advantages other than the
general advantages 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 on the schedule
hereto annexed and made a part hereof.
We estimate
each said parcel
We determine
awarded.
the betterments that would be assessed upon
of land to be as shown in the said schedule.
that no damages have been sustained and none are
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- Chaptair 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-
setibed our names this 16th day of Jude, 1947.
/s/
William C. Paxton Selectmen
Errol H. Locke of
George W. Emery Lexington
Frederick M. Gay
COMMONIEALTH OF MASSACHUSETTS
Middleaex, ss. June 16, 1947
Then personally appeared the above named William C. Paxton,
Errol H. Locke, George W. Emery and Frederick M. Gay and severally
418
acknowledged the foregbt,g 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
PRESTON ROAD
From Blake Road southwesterly and
northwesterly and distant 900 feet
to Nichold Road
Owner as of Jana 1, 1947 Land Ct. No. Lot t No. ,Assessment
W. John & Frances May Baskin 58342 E3, Pt. 5. $ 91.00
Pt. 6,7,8,
John C. & Sarah C. Gale 50379 E4, Pt. 3
4,Pt.5, Pt.6 87.00
John C. & Sarah C. Gale 57881 E5,31,2,Pt 87100
W. John & Frances May B skin 61326 F 207.80
If » '* 21238 22,23,Pt.24 76.25
TM TM ++ - TM 21238 gt.24,25, z6 - 7545
TM » n » 21238 27, 28, Pt.29 75.01
21238 Pt. 29, 30,31 75.00
M » 21238 32,33 Pt.34 75.00
TM TM " » 21238 Pt. 34,35,36,37 105.22
Addie L. Kendall 21133 1,2,3 15.22
W. John & Frances May Baskin 61327 47 2241
Howard 01 & Annie E. Nichols 27943 44,45, 46 90.00
John A. A. Higgins 27978 42, 43 60.00
W. John & Frances May Baskin 21238 39B, 40, 41 75.00
419
Mr. Emery said that he had talked with the Town
Counsel pertaining to the town's responsibility with Repair Fence
reference to the fence along the left side of Hancock on Hancock Bt..
Street, just beyond Adams Street. The Chairman said
that the town had maintained this fence in years gone
by and if there is a weakened condition he thought the
town should straighten it. Mr. Emery said that Mr. Lynch
said that in his opinion both the town and Mrs. Gilmore
might be liable and certainly the town should not write
any letter to Mrs. Gilmore assuming any respo4sibility.
Mr. Emery said he is in favor of repairing the fence but
would not put anything in writing without the approval of
the Town Counsel. The Chairman said that he thought the
town should repair the fence. Mr. Emery said that he
thought it would be unwise to do Walling until the matter
is checked with the Town Counsel. The Chairman said that
the fence is right beside the sidewalk and if any individual
falls .own the town may be sued because the fence has been
maintaateddby the town for many years. Mr. Emery moved that
the fence be repaired providing Town Counsel does not strictly
recommend against it.
The Chairman explained to the Board that when the insurance
business had been considered several months ago it was the Renew
opinion of the Board at that time that Ralph Marshall had Insurance
sold his business to someone from out of town and $30,000
was the most they should have; therefore, the policy in the
amount of $32,835.00 expiring on June 26, 1947, should be
placed through'some other agent. Mr. Emery moved that the
policy be renewed through the office of John F. McNeil for
a term expiring July first, 1952. Mr. Locke seconded the
motion, and it was so voted.
The meeting adjourned at 12:08 P.M.
A true copy, attest: