HomeMy WebLinkAbout1947-08-11469
SELECTMEN'S MEETING
August 11, 1947
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building on Monday
evening, August 11, 1947 at 7:30 P.M. Chairman Paxton,
Messrs. -Locke and Emery were present. The Clerk was also
present.
Mr. Emery informed the Board that he had made
inquiries relative to the cost of furnishing draperies for
the windows inthe Selectmen's Room and it will be possible Drapes
to obtain them for approximately $175. He stated that for
he had checked with the Town Accountant as to the Select -
possibility of using the money in the Selectmen's Account men's
which would have been paid to the late Mr. Sarano during Room
his term as Selectmen and the Town Accountant could see
no objection.
Mr. Locke moved that Mr. Emery be empowered to place
an order for the draperies, the cost not to exceed $175
and charge it to the Selectmen's Expense Account. Mr. Emery
seconded the motion, and it was: so voted.
At 7:35 p.m. Mr. James J. Carroll, Town Clerk, met Jurors.
with the Board for the purpose of drawing three jurors.
Mr. Brainerd J. Noyes, Manager, 36 Reed Street, was
drawn to serve on Civil Business, 2nd session.
Mr. Ralph T. Winslow, Railroad Accountant, 43 Locust
Avenue, was drawn to serve on Civil Business 1st session.
Mr. Arthur B. Chadwick, President, 18 Richard Road,
was drawn to serve on Criminal Business, 1st session.
Mr. Carroll retired and Mr. DeFoe, Superintendent of
Public Works, met with the Board.
Mr. DeFoe reported that he has thoroughly investigated
Mr. Ripley's inquiry relative to the driveway from Outlook Driveway
Drive to the reservoir. He stated that insofar as Mr. to reser-
Garrity and Mr. Cosgrove know the road belongs to the man voir
whose land it goes through. He said that he could find
no evidence of a right of way having been given to or
acquired by the Town.
The Chairman said that there may be a right of way by
prescription, but evidently the owner is protecting his
rights by barricading the road, but that the town apparently
has no right to enter into the matter.
The Clerk was instructed to advise Mr. Ripley that as
far as the Selectmen are able to determine this is private
470
property and no right of way has ever been acquired by
or given to the Town of Lexington. Any right of way
acquired by usage would have to be established by the
Town Counsel and the Selectmen are not in favor of referring
this to him at the present time.
Street Mr. DeFoe"reported that the locations of various re -
Lights questa for street lights have been checked by him and Mr.
Hitchcock of the Boston Edison Company and the following
recommendations made:
Rangeway Road
Garfield Street
Buckman Drive
Columbus Street
Munroe Street
Two lights
Tee lights
One light
One light
Four lights
Mr. DeFoe stated that he was confident the residents
on North Street would be satisfied if one pole is relocated.
He reported that a Bequest has been received for street
lights on Circle Road, off Hillcrest, but this would
involve installing three poles to satisfy only one family.
1 He also reported on Cherry Street, but the Board was
of the opinion that no action should be taken there until
the street has been constructed.
Upon motion of Mr. Emery, seconded by Mr. Locke, it
was voted to approve the installation of ten street lights
as recommended by Mr. DeFoe and Mr. Hitchcock. It was
also voted to relocate one pole on North Street.
Mr. DeFoe informed the Board that he has had Mr.
Crowley, of the State Department of Public Works, out again
with reference to the proposed location of a "Stop" sign
at the junction of Adams and Hancock Streets. His contention
is that the traffic should be stopped on level ground and
does not agree with the Board as to the location of the
sign. Mr. DeFoe said that he has explained to Mr. Crowley
how the Board feels, but he cannot see it as the Board
does.
Mr. Locke asked if the Board had to protea any further.
The Chairman replied that the entire matter be dropped
or the sign located where the Board wants it. Tis, however,
will not be legal and any violations cannot be prosecuted.
Mr. Locke, moved to postpone any action relative to an
amendment to the Traffic Rules and Regulations; the
Superintendent of Public Works to place "Stop" sign
on the present pole stopping traffic from Adams Street into
Hancock Street. Mr. Emery seconded the motion, and it
was so voted.
1
1
471
Mr. DeFoe presented and explained proposed profile Preston &
for Preston and Boulder Roads. He asked if he could Boulder
be covered on his water pipe by these grades before Roads
the profile has been approved by the Board of Survey.
The Selectmen had no objection.
Mr.. DeFoe explained the operation of a meter master
and requested permission to purchase such a unit with re-
duction gears. He stated that it will cost about $345.
The Chairman informed the Board that the real benefit
of such a unit is the fact that the Water Department will Meter
be able to prove to consumers that the water has actually master
been used when they complain about the charge. He
stated that all modern up-to-date WaterDepartments have
Meter Masters.
Mr. Locke moved that the Superintendent of Public
Works be authorized to purchase a Meter Master, with
reduction gears, at a cost of approximately $345. Mr.
Emery seconded the motion, and it was so voted.
Mr. DrFoe stated that the contract for the construc-
tion of a water main on Summer and Lowell Streets should
be awarded, and that Mr. Charles L. Shea was the low
bidder. He informed the Board that he has telephoned the
Norfolk Trast Company in Dedham, where Mr. Shea has done Summer
business for a number of years and he is highly recommended. and
Mr. Emery asked if the contractor would be bonded Lowell
100% and Mr. DeFoe replied in the affirmative. St.
Upon motion of Mr. Emery, seconded by Mr. Locke, water
it was voted to accept the bid of Charles L. Shea for main
the construction of a water main in Summer and Lowell
Streets.
The Clerk was instructed to return the certified
check submitted by W. G. Ferguson of East Jeffery, New
Hampshire.
Mr. DeFoe ihformed the Board that as of July 1, 1947 Snow
there is $6,758 in the Snow Removal Account. He is Removal
committed to approximately $3,625 for blades, chains, salt,
etc. He said that„hetuthought the Special Town Meeting
should be requested/appropriate an additional $4500.
The Chairman said that he personally felt that there
is ample funds in the account without requesting an appro-
priation in September.
The Board felt that it would be unwise to request
additional funds at the Spes&tal Town Meeting and it was
decided not to include an article in the warrant.
472
Mr. DeFoe stated that he has received requests, for
the installation of water mains some of which have not
75% of the signatures required. The Chairman said that
he thought any request on which anything over 50% of the
signatures are obtained should be granted.
Mr. DeFoe stated that the extension in Larchmont
Lane will eliminate a dead end and the Board had no
objection.
Upon motion of Mr. Emery, seconded by Mr. Locke, it
was voted to sign water orders for Valleyfield Street,
Paul Revere Road, Larchmont Lane, Ledgelawn Avenue:..»v
T ' and'Hillside Terrace, 'Robfnson 'Road,
GreVeStreet, Sherburne Road, Wachusett Drive in the
E Yah e ie
�laStreet)
ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a Water Main
VALLEYFIELD STREET
From Bridge Street southwesterly distant
about 1200 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 given,
duly adopted by unanimous vote the following vote and made
an appropriation therefor:
"Voted: That the Selectmen be and they hereby are
authorized to install water mains not less than 6" but
less than 16" in diameter in such accepted or unaccepted
streets as may be applied for during the year 1947, subject
to the assessment of betterments, and to take 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
1
1
473
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 the
sum of $100,000 which said sum shall be raised by the
issue of bonds or notes of the Town, and that the Town
Treasurer, with the approval of the Selectmen be and
he hereby is authorized to borrow the sum of $100,000
and to issue bonds or notes of the Town to be payable
in accordance with the provisions of General Laws
Chapter 44, within a period not exceeding twenty-five
years.
AND WHEREAS, the right of way and easement here-
inafter 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 the said public improvement for the purpose
of constructing and maintaining a water main in
Valleyfield Street from Bridge Street southwesterly
distant about 1200 feet as aforesaid, the following
easement, namely:
The right to enter upon the land shown as Valley-
field Street on a plan entitled, "Dian Of Proposed
Water Main in Valleyfield Street, Lexington, Mass.
Scale 1 in. = 40 Ft. Aug. 21, 1947. John T. Cosgrove,
Town Engineer." and owned by Albert & Bambino Trobass,
Frank & Julia Cuccinello, Frank Cuecine110, Anna Vallihura,
Peter A. LaDucer, Ira A. & Catherine E. Rix, Isac A. Larson
(T. T. Town of Lexington), Luigi A. & Amelia M. Sacco, Abby
Emery Nye, Michael Grifone, John Kelley (T.T. Town of Lex-
ington), Albert P. Keller, Chester I. Savage, Raymond
Bell, Anthony Miranda, Nellie M. Swett, Walter J. Good,
Jules Pacheco, Manuel Lima, Manuel Cosmo, Joseph F. &
Mary A. Sheffield, 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 Aug. 21, 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
474
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 com-
pletion 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 rec®ive
advantages other than the general advantage to the community
from such improvement comprises the several lots shown
upon the plan of John T. Cosgrove, Town Engiheer, 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 determint 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 here-
unto subscribed our names this 22nd day of September, 1947.
/s/ William C. Paxton Selectmen
/s/ George W. Emery
/s/
Errol H. Locke
/s/ Frederick M. Gay
of'
Lexington
07)
1
1
COMMONWEALTH OF MASSACHUSETTS
Middlesex,.ss. September 22, 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 Selectmen of the Town
of Lexington, before me,
/s/ Hazel J. Murray
Notary Public
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN 'm.i FOREGOING ORDER
VALLEYFIELD STREET
From Bridge Street southeasterly distant
about 1200 feet.
OWNER AS of Jan. 1, 1947
Albert & Bambino Trobass
Frank & Julia Cuccinello
Frank Cuccinello
Anna Vallihura
Anna Vallihura
Pdter A. LaDueer
Ira A. & Catherine E. Rix
Isar A. Larson
(T. T. Town of Lexington)
Luigi A. & Amalie M. Sacco
Abby Emery Nye
Michael Griffone
John Kelley
( T. T. Town of Lexington
Albert P. Keller
Chester I. Savage,
Raymond Bell
Anthony Miranda
Nellie M. Swett
Walter J. Good
Lot No.
81-82-83
84
85
86-87
88-89-90
91
92=93
96
97-98
99-101
102
42
43
48-49
48-49
50
51
165
Assessment
150.00
50.00
50.00
100.00
169.00
20.00
50.00
50.00
100.00
150.00
56.00
73.00
50.00
100.00
50.00
50.00
50.00
42.00
475
476
Jules Pacheco 166-167
Manuel Lima 168-169
Manuel Cosmo 170
Jseph F. & Mary A. Sheffield 17/-172
Joseph F. & Mary A. Sheffield 173
(Paul Revere Road)
ORDER OF TAKING
100.00
100.00
50.00
200.00
200.00
By the Town of Lexington of Easement
struction of a Water Main
PAUL REVERE ROAD
for the Con -
From Hill Street southwesterly and distant
approximately 450 feet
WHEREAS, at a meeting duly called and held on
1947, the Town Meeting of Lexington pursuant to an
in the Warrant of the meeting for which due notice
duly adopted by unanimous vote the following votes
an appropriation therefor:
"Voted: That the Selectmen be and they hereby are author-
ized 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 4170,000 which said sum shall be raised by the
issue of bonds oar 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 4170,000 and to issaebbonds
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 author-
ized 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 4100,000
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
March 24,
articOda
was given,
and made
G7
act
1
1
477
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 herein-
after described and taken are necessary for the establish-
ment 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 Commiss-
ioners, for and in behalf of the said town, by virtae of
the authority conferred upon them by the foregoing vote
and of every'ether power them thereto enabling, hereby
adopt this order of taking by eminent domain, for the
said public improvement for the purpose of oonstrudting
and maintaining a water main in Paul Revere Road from Hill
Street southwesterly and distant approximately 450 feet
as aforesaid, the following easement, namely:
The right to enter upon the land shown as Paul Revere
Road on a plan,entitled, "Plan of Proposed Water Main in
Paul Revere Road, Lexington, Mass. Scale 1 In. - 40 Ft.
May 22, 1947 John T. Cosgrove, Town Engineer" and owned
by George H. Doughty, Jr., John J. Anderson, Henry L. Stone
and William P. Cutler, and construct therein a line of
water main with all necessary connections, shut-offe,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 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 con-
dition 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 John T. Cosgnove, Town Engineer, above referred to, which
478
are designated in the schedule hereto annexed and made a
part hereof.
We estimate the betterments that would be assessed upon
each said parcel of land to be as shown in the said schedule.
We determine that no damages have been sustained and
none are awarded.
To have and to hold the said easement to the Town of Lex-
ington, its successors and assigns, to its and their own use
and behoof forever agreeable to the provisions of said
Chapter 79 of the General Laws and all pertinent ants 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 fifteenth day of September, 1947.
/s/ William C. Paxton Selectmen
/s/ Errol H. Locke of
/s/ Frederick M. Gay Lexington
/s/ George W. F.r2ery
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. September 15, 1947
Then personally appeared theabove named William C.
Paxton, Errol H. Locke, Frederick M. Gay and George W.
Emery and severally seknowledged the foregoing instrument
by them subscribed to be their free act and Shed and the
free act and deed of the Board of Selectmen of the Town
of Lexington, before me,
/s/ Hazel J. Murray.
Notary Public
1
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING -ORDER
PAUL REVERE ROAD
(From Hill Street southwesterly and
distant approximately 450 feet)
Owner as of January 1, 1947
George H. Doughty, Jr.
John J. Anderson
Henry L. Stone
William P. Cutler
(Ledgelawn Avenue)
Lot No.
Lot E
Lot D
Lot
Awsessment
$ 125.00
125.00
250.00
125.00
ORDER'WF TAKING
By the Town of Lexington of Easement
for the Construction of Water Main
LEDGELAWN AVENUE
(Hamilton Rd. to Libwrty)
Avenue
479
From Liberty Avenue easterly and distant
approximately 600 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 given, duly adopt-
ed by unanimous voted the following votes and made an spPropriation
therefBr;
"Voted: That the Selectmen be and they hereby are authorized
to install water mains not less than 6" but less than 16" in
diameter in such accepted or unaccepted streets as may be applied
for during the year 1947, subject to the assessment of betterments,
and to take by purchase or eminent domain any easements necessary
therefor and to appropriate therefor the sum of *170,000 which
said'sum shall be raised by the issue of bonds or notes of the
Town, and that the Town Treasurer, with the approval of the
Selectmen, be and he hereby is authorized to borrow the sum
of $170,000 and to issue bonds or notes of the Town to be payable
in accordance with the prthvision of General Laws, Chapter 44
within a period not exceeding fifteen years.
1
480
Voted: That the Selectmen be and they hereby are
authorized to install water mains of 16" or more in
diameter in such accepted or unaccepted streets as may
be applied for during the year 1947, subject to the
assessment of betterments, and to take by purchase or
eminent domain any easements necessary therefor and to
appropriate therefor the sum of $100,000 which said
sum shall be raised by the issue of bonds or notes of
the Town, and that the Town Treasurer, with the approval
of. the Selectmen, be and he hereby is authorized to borrow
the sum of $100,000 and to issue bonds or notes of the
Town to be payable in accordance with the provisions of
General Laws Chapter 44, within a period not exceeding
twenty-five years."
AND WHEREAS, the right of way and easement herein-
after described and taken are necessary for the establish-
ment 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 vrirtue of the author-
ity conferred upon them by the foregoing vote and of every
other power them thereto enabling, hereby adopt this order
of taking by eminent domain, for the said public improvement
for the purpose of constructing and maintaining a water main
in Ledgelawn Avenue from Liberty Avenue easterly and distant
approximately 600 feet as aforesaid, the following easement,
namely:
The right to enter upon the land shown as Ledgelawn
Avenue on a plan entitled, "Plan of Proposed Water Main in
Ledgelawn Ave. Lexington, Mass. Scale 1 In.-= 40 Ft. July 31
1947. John T. Cosgrove, Town Engineer" and owned by
Ervin R. Dix & Eugene B. Hamilton, Trustees, Home Finance
Company, Stanley S. & Margaret C. Berest, and construct
thereih'- a line of water main with all necessary connect-
ions, shut -offs, and appurtenances substantially as shown
on a plan of John T. Cosgrove, Town Engineer, dated July
31, 1947, to be recorded herewith. The easement covered
by this taking includes the right on the part of the Select-
men 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
1
1
1
481
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
advantage other than the general advantage to the comm-
uhity from such improvement comprises the several lots
shown upon the plan of John T. Cosgrove, 'down Engineer,
above referred toi which are designated in the schedule
hereto annexed and made a part hereof.
We dstimate 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 our names this llth day of August,
1947.
William C. Paxton Selectmen
Errol E. Locke
n.enrge W. Emery
of
Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. August 11, 1947
Then personally appeared the above named William
482
C. Paxton, Errol H. Locke and George W. Emery 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
Rotary Public
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
LEDGELAWN AVENUE
(Hamilton Rd. to Liverty Ave.)
Owner as of January 1, 1947
Lot No. Assessment
Ervin R. Dix & Eugene B. Hamilton,
Trustees
Home Finance Company 150 $ 88.00
» » » 151 88.00
" » » 152 94.00
» » » 153 94.00
» » » 154 94.00
» » » 155 94.00
» » » 194 94.00
» » » 195 94.00
» » » 196 94.00
» » » 197 94.00
» » » 198 94.00
» » » 199 94.00
» » » 200 94.00
Stanley S. & Margaret C. Gerest 201 94.00
(Ledgelawn Avenue)
ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of Water Main
LEDGELAWN AVENUE
(at Hillside Terraeb)
From the present end and westerly distant
approximately 380 feet.
WHEREAS, at a meeting duly called and held on March 24,
1947,
483
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 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 Tawn 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
easements necessary therefor and to appropriate therefdr
the sum of $100,000 which said sum shall be raised by
the issue of bonds or notes of the Town, and that the
Town Treasurer, with the approval of the Selectmen, be
and he hereby is authorized to borrow the sum of
$100,000 and to issue bonds or notes of the Town to be
payable in accordance with the provisions of General
Laws, Chapter 44, within a period not exceeding twenty-
five years."
AND MAMAS, the right of way and easement herein-
after described and taken are necessary for the establish-
ment 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 to taking by eminent domain, for the said public
improvement for the purpose of constructing and maintain-
ing a water main in Ledgelawn Avenue from the present
end and westerly distant approximately 180 feet as afore-
484
said, the following easement, namely:
The right to enter upon the land shown as Ledgelawn
Avenue on a plan entitled, "Plan cif Proposed plater Main in
Ledgelawn Ave. Lexington, Mass. Scale 1 in. = 40 Ft. July
31, 1947. John T. Cosgrove, Town Engineer," and owned by
George F. & Elizabeth A. McCormack, Marion L. Sall, Ronald
F. Davis- E. R. Dix, Agent, Frank Silva, Ervin R. Dix, &
Eugene B. Hamilton, Trustees home Finance Company, and
construct therein a line of water main with all necessary
connections, shut -offs, and appurtenances substantially as
shown ona plan of John T. Cosgrove, Town Engineer, dated
July 31, 1947, to be recorded herewith. The easement covered
by this taking includes the right on the part of the Select-
men 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 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, above referred to,
which are designated in the schedule hereto annexed and made
a part hereof.
We estimate the betterments that would be assessed upon
each said parcel of land to be as shown in the said schedule.
We determine that no damages have been sustained and none
are awarded.
To have and to hold the said easement to the Town of Lex-
ington, its successors and assigns, to its and their own
use and behoof forever agreeable to the provisions of said
Chapter 79 of the General Laws and all pertinent acts in
amendment thereof or supplemental thereto.
IN WITNESS WHEREOF the undersigned being a majority
of the Board of Selectmen of Lexington aforesaid have here-
unto subscribed our names this llth day of August, 1947.
1
485
/s/ William Q. Paxton Selectmen
Erro1JI. Locke of
/s/ George W. Emery Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. August 11, 1947
Then personally appeared the above named William C.
Paxton, Errol H. Locke, and George W. Emery and severally
acknowledged the foregoing instrument by them subscribed
to be their free act and deed and the free act and deed
of the Board of Selectmen of the Town of Lexington,
before me,
/s Hazel J. Murray
Notary Public
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
LEDGELAWN
(at Hillside Terrace)
From the present end and westerly
distant approximately 380 feet)
Owner as of January 1, 1947
Lot No. Assessment
George F. & Elizabeth A.
McCormack 172 220.00
Marion L. Small 75 110.00
Ronald F. Davis.-- E. R. Dix,
Agent 188 94.00
" " " 187 94.00
Frank Silva 186 94.00
" 185 94.00
Ervin R. Dix, & Eugene B.
Hamilton, Trustees
Home Finance Company 184 15.00
0 0 " 183 94.00
486
( Robinson Road)
Middlesex, ss.
COMMONWEALTH OF MASSACHUSETTS
Town of Lexington
WHEREAS, the Town of Lexington at a town meeting duly
called and held on March 24, 1947, duly adopted under Article
10 of the warrant the following votes:
"Voted; That the Selectmen be and they hereby are
authorized to install water mains not less than 6" but less
than 16" in diameter in such accepted or unaccepted streets
as may be applied for 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 Towtt,
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 issae bonds or notes of the Town to be
payable in accordance with the provisions of General Laws,
Chapter 44, within a period not exceeding fifteen years.
Voted: That the Selectmen be and they hereby are
authorized to install water mains of 16" or more in diameter
in such accepted or unaccepted streets as may be applied for
during the year 1947, subject to the assessment of betterments,
and to take by purchase or eminent domain any easements
necessary therefor and to appropriate therefor the sum of
$100,000 which said sum shall be raised by the issue of bonds
or notes of the Town, and that the Town Treasurer, with the
approval of the Selectmen, be and he hereby is authorized to
borrow the sum of $100,000 and to issue bonds or notes of
the Town to be payable in accordance with the provisions of
of General Laws, Chapter 44, within a period not exceeding
twenty-five years."
VOTED: By the Selectmen acting as a Board of Water and
Sewer Commissioners under the authority of the foregoing
votes and of every other power .them thereto enabling, that a
water main be constructed in Robinson Rd. from Grove St.
northerly and distant approximately 1875 feet, substantially
in accordance with a plan entitled, "Plan of proposed
Water Mains in Grove St. and Robinson Rd., Lexington, Mass.
Scale 1 in.= 100 Ft. Apr. 1, 1947. John T. Cosgrove, Town
Engineer."
Betterments will be assessed for this improvement in
accordance with the provisions of Chapter 80 of the General
Laws.
1
1
The area which it is expected will receive benefit
or advantage other than the general advantage to the
community from such improvement is described as follows:
That portion of those properties on each side of
Robinson Road from Grove St. northerly and distant
approximately 1875 feet.
The said area comprises the several lots shown upon
the plan of John T. Cosgrove, Town Engineer, hereinbefore
referred to which are designated in the schedule hereto
annexed and made a part hereof.
We estimate the betterme4ts that will be assessed
upon each parcel of land to be as shown in the schedule
hereto annexed and made a part hereof
Witness our hands at Lexington aforesaid this llth
day of August, 1947.
Middlesex, ss.
William C. Paxton
Errol H. Locke
George W. Emery
COMMONWEALTH OF MASSACHUSETTS
487
Selectmen
of
Lexington
Lexington 73, Mass.
August 11, 1947
Then personally appeared the above named William C.
Paxton, Errol H. Locke and George W. Emery and severally
acknowledged the foregoing instrument and statement by
them subscribed to be their free act and deed and the free
act and deed of the Board of Water and Sewer Commissioners
of the Town of Lexington, before me,
/s/ Hazel J. Murray
Notary -Public
488
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
ROBINSON ROAD
From Grove St. northerly and distant
approximately 1875 feet.
Owner as of January 1, 1947 Assessment
Wilfred L. & Grace E. Morris
Adrian W. & Kathryn M. Cleveland
George J. Andreas
Leslie E. & Evelyn J. Marshall
Royal D. Chandler
Edwin B. Worthen
Amos L. Taylor Exors. Trs.
Paul C. & Gladys E. Folsom
(Grove St.)
367.00
300.00
695.00
575.00
463.00
730.00
•
830.00
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
WHEREAS, the Town of Lexington at a town meeting duly
called and held on March 24, 1947, duly adopted under Article 10
of the warrant the following votes:
"Voted: That the Selectmen be and they hereby are author-
ized to install water mains not less than 6" but less than 16"
in diameter in such accepted or unaccepted streets as may be
applied for during the year 1947, subject to the assessment of
betterments, and to take by purchase or eminent domain any
easements necessary therefor- and to appropriate therefor the
sum of $170,000 which said sum shall be raised by the issue of
bonds or notes of the Town, and that the Town Treasurer, with
the approval of the Selectmen, be and he hereby is authorized
to borrow the sum of $170;000 and to issue bonds or notes of
the Town to be payable in accordance with the provisions of
General Laws Chapter 44, within a period not exceeding fifteen
years.
Voted: That the Selectmen be and they hereby are authorized
to install water mains of 16" or more in diameter in such accept-
ed 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 thereftr
1
1
1
489
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 prdYisions
of General Laws Chapter 44, within a period not exceeding
twenty-five years."
VOTED: By the Selectmen acting as a Board of Mater
and Sewer Commissioners under the authority of the fore-
going votes and of every other power them thereto enabling,
that a water main be constructed in Grove St. from the
present end northerly and distant approximately 1020
feet, substantially in accordance with a plan entitled,
"Plan of proposed Water Mains in Grove St. and Robinson
Rd., Lexington, Mass. Scale 1 in. = 100 Ft. Apr. 1, 1947.
John T. Cosgrove, Town Engineer."
Betterments will be assessed for this improvement in
accordance with the provisions of Chapter 80 of the General
Laws.
The area which it is expected will receive benefit or
advantage other than the general advantage to the community
from such improvement is described as follows:
That portion of those properties on each side of Grove
Street beginning at the present end northerly and distant
approximately 1020 feet.
The said area comprises the several lots shown upon
the plan of John T. Cosgrove, Town Engineer, hereinbefore
referred to which are designated in the schedule hereto
annexed and made a part hereof.
We estimate the betterments that will be assessed upon
each parcel of land to be as shown in the schedule hereto
annexed and made a part hereof.
Witness our hands at Lexington aforesaid this llth day
of August, 1947.
/s/ William C. Paxton Selectmen
/s/ Errol H. Locke of
/s/ George W. Emery Lexington
490
COMMONWEALTH OF MASSAuauSETTS
Middlesex, ss.
Lexington 73, Mass.
August 11, 1947
Then personally appeared the above named William C.
Paxton, Errol H. Locke and George W. Emery and severally
acknowledged the.foregoing instrument and statement by them
subscribed to be their free act and deed and the tree ant
and deed of the Board of 'Water and Sewer Commissioners of
the Town of Lexington, before me,
/s/ Hazel J. Murray
Notary Public
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
GROVE STREET
From present end northerly and distant
approximately 1020 feet.
Owner as of January 1, 1947 Assessment
Ruth C. Johnson 501.00
James J. & Bertha J. Murphy 480.00
Edwin B. Worthen, Amos L. Taylor, Exors Trs.400.00
Paul C. & Gladys E. Folsom 250.00
491
CHER OF TAKING
By the Town of Lexington of Easement for the
Construction of Water Main
SHERBURNE ROAD
Rrom Winthrop Rd. southerly and distant
approximately 840 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 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 approval of the Select-
men, be and he hereby is authorizedto borrow the sum of
$170,000 and to issue bonds or notes of the Town to be pay-
able 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 author-
ized 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 better-
ments, and to take by purchase or eminent domain any ease-
ments 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 adcordance 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,
492
for and in behalf of the said town, by virtue of the
authority conferred uponthem.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 Sherburne Road. from Winthrop
Rd. southerly and distant approximately 840 feet as afore -
Mid, 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 Rd. Lexington, Mass. Scale 1 in. - 40 Ft.
July 31, 1947. John T. Cosgrove, Town Engineer" and
owned by Elizabeth West, Joseph F. Kelley, Charles W. &
Robert L. Ryder, Trustees, 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 July 31, 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
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, above
referred to, which are designated in the schedule hereto annex-
ed 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.
1
1
1
493
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 WHERE0R the undersigned being a majority
of the Board of Selectmen of Lexington aforesaid have
hereu@to subscribed our names this llth day of August,
1947.
C.Paxton
/s/ William Selectmen
/s/ Errol H. Locke of
/s/ George W. Emery Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. August 11, 1947
Then personally appeared the above named William C.
Paxton, Errol H. Locke, George W. Emery 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,
Owner as of January 1,
Elizabeth West
Joseph F. Kelley
Charles W. & Robert L.
/s/ Hazel J. hurray
Notary Public
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED T 0 IN THE FOREGOING ORDER
SHERBURNE ROAD
From Winthrop Rd. southerly and
distant approximately 840 feet
1947 Lot No. Assessment
108.00
355.00
Ryder, Trustees 64 179.00
494
Charles W. & Robert L. Ryder, Trustees 65 179.00
" " " " 66 105.00
" " " " 118 120.00
" " N " 119 138.00
" " " " 145 145.00
" " " " 146 128.00
(Wachusett Drive)
ORDER OF TAKING
By the Town of Lexington of Easement for the
Construction of a Water Main
WACHUSETT DRIVE
From the present end easterly and distant
Approximately 175 feet.
WHEREAS, at a meeting duly called, and held on'Mareh 24,
1947, the Town Meeting of Lexington pursuant town 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 thereddr:
"Voted: That the Selectmen be and they hereby are
authorized to install water mains not less than 6" but
less than 16" in diameter in such accepted or unaccepted
streets as may be applied for during the year 1947, subject
to the assessment of betterments, and to take by purchase
or eminent domain any easements necessary therefor and to
appropriate therefor the sum of $170,000 which said sum
shall be raised by the issue of bonds or notes of the Town,
and that the Town Treasurer, with the approval of the 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 better-
ments, and to take by purchase or eminent domain any ease-
ments necessary therefor and to appropriate theref8r the
1
1
495
sum of $100,000 which said sum shall be raised by the
issue of bonds or notes of the Town, and that the Town
Treasurer, with the approval of the Selectmen be and
he hereby is authorized to borrow the sum of $100,000
and to issue bonds or notes of the Town to be payable
in accordance with the provisions of General Laws, Chapter
44, within.a period not exceeding t wenty-five^years.„
AND WHEREAS, the right of way and easement herein-
after described and taken are necessary for the establish-
ment and maintenance of the said water main:
MOW 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 maintaining a water
main in Wachusett Drive from the present end easterly and
distant approximately 175 feet as aforesaid, the following
easement, namely:
The right to enter upon the land shown as Wachusett
Drive on a Plan entitled, "Plan of Proposed Water Main in
Wachusett Drive, Lexington, Mass. Seale 1 in. = 40 Ft.
May 22, 1947. John T. Cosgrove, Town Engineer" and owned
by Leslie D. & Etherl V. Johnson, George P. & Henrietta
L. Gilmartin L. Tyler & Lillian F. Barnes, Philip M. Kyle,
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 includes the right on the part of the Select-
men 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
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
496
other than the general advantee to the community
from such improvement comprises the several lots
shown upon the plan or John T. Cosgrove, Town Engineer,
above referred to, which are designated in the schedule
heretoannexed 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 WITNESS WHEREOF the undersigned being a majority of
the Board of Selectmen of Lexington aforesaid have here-
unto subscribed our names this llth day of August, 1947.
/s/ William C. Paxton
/s/ Errol H. Locke
/s/ George W. Emery
COMMONWEALTH OF MASSACHUSETTS
Selectmen
of
Lexington
Middlesex, ss. August 11, 1947
Then personally appeared the above named William C.
Paxton, Errol H. Locke and George W. Emery 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,
/sV Hazel E. Murray
Notary Public
1
L.
497
SCHEDULE OF -ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
WACHUSETT DRIVE
From the present end easterly and
distant approximately 175 feet
Owner as of January 1+ 1947
Lot No. Assessment':
Leslie D. & Ethel V. Johnson 80 50.00
George P. & Henrietta L. Gilmartin 81 50.00
" " " " " 82 50.00
L. Tyler & Lillian F. Barnes 95 105.00
Philip M. Kyle 94 104.00
Mr. DeFoe said that he had investigated the Accident
accident which occurred on Pleasant Street and found
that no town equipment was involved. The gas company
and the contractor doing the work _have both reported
the accident to their insurance companies.
Mr. DeFoe informed the Board that there are three
"Welcome to Lexington" signs located in the following Signs
areas: Massachusetts Avenue at Marrett Road; Woburn
Street at the Lexington Line. He said that Mr. Parker,
of the Chamber of Commerce, told him that there was one
on Lincoln Street, but Mr. DeFoe was unable to locate
it. He said that they are small signs and it would be
a minor job, to have them painted.
The Chairman suggested that Mr. DeFoe have the
signs painted and the Board had no objection.
Mr. DeFoe requested permission to have the Manor
Sewer extended ap Simonds Road, starting at Gleason Road,
for about 90 feet and thus enable one Mr. Banks to connect Manor
at the minimum cost. Sewer
Mr. Emery moved that the Superintendent of Public Extension
Works be authorized to extend the Manor Sewer up Simonds
Road beginning at Gleason Road for approximately 90 feet.
Mr. Locke seconded the motion, and it was so voted.
Mr. DeFoe stated that a Mr. Twombley and a Mr. Crowley
inspected the traffic lights at the corner of Harrington
Road and Bedfdrd Street, and they both appeared to be satis-
498
Traffic
Lights
Pole
Locations
fled with the arrangement.
The Chairman asked if they believed, from a traffic
engineering point of view, that there should be lights at
this location. Mr. DeFoe replied that they would not
answer that without a traffic survey.
Mr. Locke moved that the traffic lights now located
at the corner of Harrington Road and Bedford Street be
transferred to the new Central Fire Station on Bedford
Street; the work to be done through the Fire Department.
Mr. Emery seconded the motion, and it was so voged.
Mr. Lynch arrived at the meeting at 8:30 p.m.
Petition was received from the Boston
together with a plan and orders requesting
Prospect Hill Road, approximately 225 feet
Wachusett Drive - Remove One (1) Pole.
Prospect Hill Road, approximately 265 feet
Wachusett Drive - One (1) Pole.
Mr. Locke moved that the petition be granted and
the order signed. Mr. Emery seconded the motion, and it
was so voted.
Edison Company,
the following:
southeast of
southeast of
Street Request received from Mr. and Mrs. Frank Ready,
Light 2246 Massachusetts Avenue for shade on the street light
Shade in front of their residence was held over from last week,
pending receipt of signatures of abutters on each side.
Mr. Ready made a notation that there are no abutters
on either side of his property for over 500 feet.
Mr. Locke moved that the request be granted. Mr.
Emery seconded the motion, and it was so voted.
The Chairman read a letter from Mrs. Frank Cochrane,
21 Bow Street stating that the people in that vicinity approve
Bow Street of the suggestions made by Mr. Sughrue for more adequate
Crossing protection on the Bow Street Railroad crossing. She stated
that the citizens in the neighborhood are most anxious to
have audible signals installed.
The Clerk was instructed to write the Town Counsel
and advise him that the proposed changes at the Bow
Street railroad crossing, as suggested by Mr. Sughrue,
meet with the approval of the Board of Selectmen, and in
addition the Board would like to have an audible signal
installed.
The thai rman read a letter from Mrs. Harriet L. Child
advising the Board that *50 would cover the expenses
incurred as a result of her fall which she alledges was
1
499
caused by a defect in the sidewalk at 1932 Massachusetts
Avenue.
Upon motion of Mr. Locke, seconded by Mr. Emery, it
was 'voted to authorize'. the Town Counsel to settle the
claim for $50.
Mr. DeFoe informed the Board that he was sending out
specifications for bids on road construction. The Board
felt that the bids should be advertised generally and not
limited.
Mr. DeFoe stated that he thought he would need addit- Arti-
ional money for sewer construction and the Board felt that cle
if it were necessary an article could be inserted in the
warrant for the Special Town Meeting in September.
Mr. DeFoe retired at 8:50 p.m.
The following members of the School Committee and
the Planning Board then met with the Selectmen; Thomas
S. Grindle, H. Webster Thomas, Charles Davis, Adolph
Samborski, Mr. Hathaway and Mrs. Morey - Edwin B. Worthen,
Tr.,Clem H. Ferguson and Gordon D. Richards.
Mr. Worthen informed the Selectmen that the Planning School
Board has met with the School Committee relative to a Comm.
site for an elementary school. He explained that the Plan -
first choice of the Planning Boardwas a large tract of ning
land known as May O'Brien's hill and would include some Bd.
of the Richards' land on Grant Street, also property School
owned by Buckley and Swan. He stated that the Planning Sites
Board assumed, from the Nichols' Report, that the Munroe
School would be done away with and the O'Brien site
would be a good one. He said that the second choice of
the Planning Board is down on Grant Street at the end of
York Street which goes into lower land. The third choice
would be the corner of Colony Road and. Grant Street, the
f'9.1t strip of which is owned by Mr. Bowser and the Articles
rear land owned by Mr. Baskin.
Mr. Worthen also discussed the Roberts' property on
Adams Street and the land owned by Porter Brothers and
Wilson.
The Selectmen looked over the proposed locations on
maps and drawings presented by Mr. Worthen. It was
decided to have the detail on both tracts of land worked
up and two articles included in the warrant for the
selection of a site.
The group retired at 9:40 p,:m.
500
Mr. Lynch asked the Selectmen whether or not they
would like to have an article in the warrant for the
Special Town Meeting to request an appropriation relative
to making a settlement with regard to the Russell property.
Mr. Emery moved that an article be inserted in the
warrant. Mr. Locke seconded the motion, and it was so
voted.
Mr. John Baskin, his attorney, Mr. Bernard Gould
and Mr. William Lyon met with the Board.
Mr. Gould stated that whatever the discussion might
be this evening he assumed would be without prejudice.
He said that Mr. Baskin is assessed for something in
the neighborhood of $5 600-or:$5,700 on Pine Knoll Road.
Me stated that it is low cost property , ••t tho `rao thust
it is low post- roporty but the tract that Mr. Baskin owns
extends for a long distance, and the assessment would bring
the cost of the lots, which Mr. Baskin owns, to a point
where he could not recover back the price. He said that
it is possible for the Selectmen to set the levy and
establish it as an item to be colledted and it is also
possible for the Selectmen to abate it.
The Chairman said that, as he understands, it, there
is no assessment against the Baskin property as yet. He
said that he understood that within six months after the
construction, the Town can levy and send a bill for the
cost of construction and so far the Board has sent only
a notice of the estimate of the cost.
Mr. Gould said that he did not know whether or not
the work has been done.
The Chairman explained that the work has not as yet
been started.
Mr. Gould said that he was going on the estimated
assessment.
The Chairman said that in view of the fact that there
has been no bill sent, it is impossible to abate some-
thing for which no charge has been made.
Mr. Gould said that some conclusion might be arrived
at as to what is done in face of the estimate.
Mr. Lynch explained that the estimated assessment is
a figure under Chapter 81 and that,no assessment has been
made.
Mr. Gould replied that he understood that no assess-
ment can be made until after the work is done.
Mr. Lynch explained that after an assessment has
been made, under Statute Mr. Baskin can come in and
ask for an abatement.
1
1
501
Mr. Gould said that there is a possibility of the
disposition of the property but in the face of the assess-
ment of betterments, the possibility of disposition has
become void. He said that he thought this would be a
good time to determine what the betterment would be.
Mr. Lyon slaked if the betterments are on record at
the Registry and Mr. Gould replied that they are on record
as an estimate of what the Town will assess -against each
parcel.
Mr. Lyon stated that with the betterments on file at
the Registry it is difficult to sell the lots because they
cannot be sold free and clear.
Mr. Gould said that most people think the town will
not go much lower than the estimate and in the face of the
fact that an estimate has been placed on record, it is the
same as having been assessed because in trying to sell the
lots the purchaser wants the betterment paid.
The Chairman said that at -the present moment there is
no bill against Mr. Baskin and the bill will be presented
within six months after the work has been completed.
Mr. Gould said that he thought some understanding might
be reached relative'to both Pine Knoll Road and Grant Street
with respect as to what the Town might expect. He said that
he believes it is unfair to have Mr. Baskin "stuck" with a
large tract of land waiting the decision of the assessment.
The Chairman said that the Board has an idea that the
cost of construction might be more, but that Mr. Baskin could
not be assessed for any more than the estimated cost.
Mr. Baskin said that it is his right to give this land
to the Town and he intends to hold to that until some settle-
ment can be made.
The Chairman asked Mr. Baskin what he would pay for an
assessment on a lot basis, but received no reply. He then
asked if Mr. Baskin would be agreeable to $250 a lot on the
basis of ten lots and Mr. Baskin replied in the negative,
and said that he would just as soon let the Town have the
land.
The Chairman said that his personal feeling was that
$250 per lot assessment would be fair. Mr. Baskin said that
as far as he is concerned $200 is the figure and if this is
not accepted by the Board he will continue with his original
idea.
Mr. Gould informed the Board that prior to the meeting
this evening, he knew what Mr. Baskin's proposal was going
to be and $200 was the maximum. He said that he and Mr.
Baskin are convinced that $200 is the maximum.
502
The
moments.
Mr.
bringing
Chairman asked the group to retire for a few
Locke said that he could see a possible abatement
the assessment down to 70% and asked if the Board
had to agree on anything this evening.
Mr. Lynch advised the Board that nothing had to be
done this evening and he did not think the Board could
agree on anything at this time. He said the Selectmen
cannot abate what has not been assessed and until they
actually assess, there is no assessment.
The Chairman said that two weeks from tonight the
Board expects to receive estimates of the cost of con-
struction of the streets and all members of the Board will
be present.
Mr. Baskin, his attorney and Mr. Lyon returned to
the meeting at 10:30 p.m.
The Chairman stated that two weeks from tonight, the
Board expects to receive estimates of the cost of con-
struction on Pine Knoll Road and other streets and also
at that time a full Board will be present. He said that
the Board would like permission to wait until after the
bids have been received and Mr. Gay returns before taking
any action on this matter.
Both Mr. Baskin and his attorney agreed.
Mr. Lyon asked if a decision would be made in two weeks.
The Chairman said that he did not think. it would. He
explained that the bids would have to be analyzed and he
thought it might be September fifteenth before a decision is
made.
Mr. Baskin said that Grant Street should be considered
at the same time and the Chairman stated, that Grant Street
has not been discussed.
Mr. Baskin informed the Board that he does, not intend
to develop Castle Road but that he does intend to fill in
his property and said that it is possible he might strike
a water main or drain pipe.
The Chairman said that the Town would hot like to
waste -water pipe and manpower to replace a broken pipe in
Castle Road when there are, so many new houses being con-
structed where installation of water is essential.
The Chairman stated that the Board has not discussed
Castle Road but he felt that Mr. Baskin would be given a
fair decision.
1
1
5..03
Mr. Gould asked if the Town would relinquish the
agreement and the Chairman replied that he could not
commit the Board.
The group retired at 10:55 p.m.
It was decided to meet with the Town Counsel on
Saturday morning, August 23rd to go over the warrant. Ryder
Claim
Mr. Emery said that he thought the Board should
meet with Mr. Ryder next week, relative to his pending
claim, and that an article should be inserted in the
warrant for the Special Town Meeting.
Mr. Lynch said that he did not think it would serve
any purpose to open this case up at Town Meeting before the
trial.
Mr. Emery said that on the other hand he thought this
should be given some publicity.
Mr. Locke asked what would be accomplished if Mr.
Ryder will not go along on some figure which the Board
recommends.
Mr. Emery said that this Board would be blamed for
the fact that Ryder has asked for $75,000 and Town Meeting
members were not told about it.
He said that he thought the legal end of the matter
can be safe guarded so that it will not prejudice the trial
and that the case should be given all the publicity it can.
Mr. Lynch said that he does not see how an article
can be included in the warrant. He said that the only
thing that can be done is to ask the Town for an approp-
riation and the Board is not in the position to request an
appropriation. He said that he would like to confer with
Mr. Ryder and see just how serious he is about his request
for *7£,000. He said, however, that he does not know how
much such a conference will amount to.
Mr. Emery said that the citizens have to pay the
*75,000 and he thought they should know what they are pay-
ing for.
Mr. Lynch said that he could appreciate Mr. Emery's
feeling, but`hv thought it would be bad psychology and that
the Town should not show its hand. He said that if Ryder
should sign an agreement to settle for a certain amount of
money then an article could be inserted.
Mr. Lynch retired at 11:15 p.m.
Letter was received from Mrs. Sarano relative to
abatement of water betterment assessments was held over
until the next meeting.
504
Amend
Traffic
Rules
Letter was received from Mr. F. D. Sabin, District
Highway Engineer, recommending that the Traffic Rules
and Regulations be revised so as to include No Parking on
the easterly side of Pleasant Street from the flriveway at
house #60 for a distance of 350' on the northerly side.
Mr. Locke moved that the Traffic Rules and Regulations
be amended as recommended. Mr. Emery seconded the motion,
and it was so voted.
Letter was received from Edgar F. Copell, Traffic
Engineer stating that an investigation had been made con -
Amend cerning the advisability of a Stop sign at Clark Street
Traffic and Forest Street. He stated that a sign is warranted so
Rules as to face northeastbound drivers on Clark Street at
Forest Street.
Mr. Locke moved that the Traffic Rules and Regulations
be amended whereby a Stop Sign may be placed facing north -
eastbound drivers on Clark Street at Forest Street.
Mr. Emery seconded the motion, and it was so voted.
Letter was received from Philip Apostolu, 48
Commercial Street, Boston, offering $45 for lots 167,
168 Cliffe Avenue. The Committee on Tax Title property
recommends $50.
Mr. Locke moved that Mr. Apostolu be advised that the
Board of Selectmen will entertain an offer of $75.00. Mr.
Emery seconded the motion, and it was so voted.
Letter was received from Mrs. Arthur N. Lee, 59
Ward Street, Lexington, offering $150 for Lots 18, 19, 20
Ward Street, Block 19, The Committee on Tax Title property
recommends $200.
Mr. Locke moved that Mrs. Lee be advised that the
Board of Selectmen will entertain an offer of $200. Mr.
Emery seconded the motion, and it was so voted.
The Board gave further consideration to the offer
received from Mr. Peter Morasi to purchase Lots 649-
654 inclusive on Homestead. Street for $200. A proposal
to sell these lots was advertised in the Lexington Minute -
Man. No persons contacted the Selectmen's Office as a
result of the advertisement.
Mr. Emery moved that the lots be sold and conveyed
to Mr. Morasi. Mr. Locke seconded the motion, and it was
so voted.
Tax Title
Property
Tax Title
Tax Title
1-3
mot
1
505
The Board gave further consideration to the offer
received from Domenic& L. Torsi Po purchase Lots 178, 179,
180 Arcola Street for $300. A proposal to sell these Tax
lots was advertised in the Lexington Minute -Man. No Title
persons contacted the Selectman's Office as a result of
the advertisement.
Mr. Locke moved that the lots be sold and conveyed to
Mr. Torci. Ma. Emery seconded the motion, and it was so
voted.
Upon motion of Mr. Locke, seconded by Mr. Emery, it
was voted to sign a certificate of incorporation Dor
Kenneth R. Fox, 12 Bertwell Road, Lexington, a satis-.
tacotry character reference hazing been received from
the Chief of Police.
Incor-
poration
Letter was received from C. T. Abbott, 26 Richard
Road, Lexington, requesting permission to conduct a paper Paper
drive for the East Lexington Cub $touts on Sunday, Oct Drive
ober 5, 1947.
Mr. Locke moved that the request be granted. Mr. Emery
seconded the motion, and it was so voted.
The Chairman read a letter from the Town Treasurer Loan for
advising that he has made application with the Lexington one year
Trust Company for a loan of $3,000 for a period of one
year in anticipation of reimbursement under Chapter 90
by the State and County. The rate for the borrowing is
.60.
Upon motion of Mr. Emery, seconded by Mr. Locke, it
was voted to approve the borrowing at .60 througkt the
Lexington Trust Company.
The Chairman read a letter from Gordon D. Richards in
which he declined the appointment to serve as a member of
the Board of Appeals.
Mr. Locke moved that Elmer Houdlette of the Planning
Board be appointed a member of the Board bp.,Appeals to
fill the vacancy caused by the resignation of Mr.
Nickdrson. Mr. Emery seconded the motion, and it was so
voted.
The Clerk informed the Board that John C. Solbert
telephoned the office and stated that the Division of
of Civil Service will not permit him to accept the app-
itntment to serve as a member of the Board of Public
Welfare.
Member
Bd. of
Appeals
App'mt
to Board
of Pub.
Welfare
506
The appointment of another member was held over until
the next meeting of the Board.
Letter was received from Commander Me1quist of the
American Legion to which was attached a copy of the
proposed notice to be sent to all Lexington veterans
pertaining to the drawing of the lots on TDedar and Hill
Streets. The Board approved of the notice as written.
Mr. Locke moved that any expense incurred in sending
out the notices be charged to the Unclassified Account.
Mr. Emery seconded the motion, and it was so voted.
:Letter was received from the Board of Public Welfare
requesting a transfer of $4,000 for Public Welfare -Aid and
Expenses and a transfer of $2600 for Aid to Dependent
Children -Aid and Expenses..
Mr. Locke moved that articles be inserted in the
Warrant for the Special Town Meeting requesting an
appropriation for these two accounts. Mr. Emery seconded
the motion, and it was so voted.
Letter was received from the Town Accountant rec-
o.rtimending the purchase of a new billing machine to be used
by the Water Department and the Assessors. Mr. Walker
suggested asking for $3,000.
The Chairman said that there is no question but that
a new machine is needed.
Mr. Emery asked if it would be legal to put this on
next year's tax rate and the Chairman replied in the
affirmative stating that the unit till hot be delivered or
paid for until next year.
Mr. Locke moved that an article be inserted in the
warrant requesting an appropriation for the purchase of
a new billing machine. Mr. Emery seconded the motion,
and it was so voted.
The Chairman read a letter from the Lexington Tax-
payers' Association stating that the Directors would
like to discuss the warrant with a representative from
the Board of Selectmen on Wednesday evening, August 27th and
would like permission to use the Selectmen's Room for this
purpose.
The Chairman reminded the Board that the closing date
for the warrant is August 18. The warrant then has to be
checked with the Town Counsel and typed.
It was decided to suggest to the Taxpayers/ Assoc-
iation that they postpone their meeting until September 3
and that the discussion be held in Estabrook Hall.
CO
1
1
507
Application was received from the American Legion Use of
for permission to use Cary Hall on the evening of Sept- halls
ember 8, 1947 for Installation of Officers.
Mr. Locke moved that the' use of the hall be granted
free of charge. Mr. Emery seconded the motion, and it
was so voted,
Application was received from the Lexington Field and
Garden Club for permission to use Estabrook Hall on the
afternoon of May 4, 1948 and on the morning of November
18, 1947.
Mr. Locke moved that both uses be granted free of
charge. Mr. Emery seconded the motion, and it was so
voted.
Application was received from the Lexington Choral
Society for permission to conduct a rehearsal in Cary
Hall on the evening of December 11, 1947 and a concert
on the evening of December 12, 1947.
The Chairman informed the Board that William Wright,
Treasurer of the Society, had telephoned and stated that
the concert scheduled for October 17, 1947 is to raise
money to enable them to have the Messiah which will be
free to the public. The. Society feels very strongly that
the use of the hall should be granted free. -
Any decision relative to the two requests was held
over until the next meeting of the Board.
Application for a Sunday Sales and Common Victualler
license was received from Alexander and Peter Milley of Licenses
Somerville. The Chief of Police stated in a communication
to the Board that these two individuals are World War II
veterans and insofar as he is able to determine are of
good character and reputation. They have taken over the
business of J. Foss, ice cream store.
Mr. Locke moved that the licenses be granted and
the regular charge of $5.00 be reduced to $2.50 for the
balance of the year. Mr. Emery seconded the motion, and
it was so voted.
The Chairman read a letter from the Town Accountant re-
questing a transfer from the Reserve Fund to the Interest Transf-
on Debt in the amount of $1500. The Town Accountant ex- er
plained that the transfer is necessary to pay interest on
bonds ($ 195,000) dated June 1, 1947 due for payment
508
1946 Town
Reports
December, 1, 1947 ($1,462.60), and for the anticipation
of discount on Chapter 90 maintenance loan.
Mr. Emery moved that the Appropriation Committee be
requested to transfer the sum of $1500 from the Reserve
Fund to the Interest on Debt Account. Mr. Locke seconded
the motion, and it was so voted.
The Chairman read a proposed letter to be sent to all
Town Departments and Committees requesting three copies of
their 1946 Town Reports to be typed uniformly and returned
to the Selectmen's Office not later than October 1, 1947.
He explained that the continuity of our bound reports could
thus be maintained.
Mr. Emery moved that the letter be approved and sent
out as suggested by the Chairman and that a complete set of
the 1946 Town Reports be turned over to the Lexington
Historical Society. Mr. Locke seconded the motion, and it
was so voted.
The Chairman said that he understood the Board of
Survey Agreements, unless filed at the Registry do not
constitute a lien. He ask if the Board wanted to
file all Board of Survey Agreements. The Ryder agreement
on Sherburne Road has not as yet been filed.
Mr. Emery said that either the Board is going to have
a policy or not, and all agreements should be handled the
same.
It was agreed to hold any decision over until the
next meeting of the Board.
The next regular meeting of the Board will be held on
Monday evening, August 18, 1947 at 7:30 P.M.
The meeting adjourned at 12:30 p.m.
A true record, Attest:
r -
<Cle electmen.
1 ,
1