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HomeMy WebLinkAbout1947-08-11 469 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 1 rio .441 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 quests for street lights have been checked by him and Mr. Hitchcock of the Boston Edison Company and the following recommendations made: Rangeway Road Two lights Garfield Street Tare lights Buckman Drive One light Columbus Street One light Munroe Street 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 request 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 procee ,�nny 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 a" "Stop" sign on the present pole stopping traffic from Adams Street into Hancock Street. Mr. Emery seconded the motion, and it was so voted. $ , 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 z�< 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. DeFoe 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 Trust 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 contaaetor 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 hettuhought the Skpecial 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. I 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 .. .1 and Hillside Terrdoe, 'Robinson 'Road, Grave Street, Sherburne Road, Wachusett Drive in the fe/M e 'ieol btreet) 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 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, "Plan 0f 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 Cucoinello, Frank Cuccinell0, 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 I 414 : 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 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 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 of /s/ Errol H. Locke Lexington /s/ Frederick M. Gay 1 475 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. September 22, 1947 Then personally appeared the abDve 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 THE FOREGOING ORDER VALLEYFIELD STREET From Bridge Street southeasterly distant about 1200 feet. OWNER AS of Jan. 1, 1947 Lot No. Assessment Albert & Bambino Trobass 81-82-83 150.00 Frank & Julia Cuccinello 84 50.00 Frank Cuccinello 85 50.00 Anna Vallihura 86-87 100.00 Anna Vallihura 88-89-90 169.00 Pdter A. LaDucer 91 20.00 Ira A. & Catherine E. Rix 92-93 50.00 Isac A. Larson (T. T. Town of Lexington) 96 50.00 Luigi A. & Amelia M. Sacco 97-98 100.00 Abby Emery Nye 99-101 150.00 Michael Griffone 102 56.00 John Kelley ( T. T. Town of Lexington) 42 73.00 Albert P. Keller 43 50.00 Chester I. Savage 48-49 100.00 Raymond Bell 48-49 50.00 Anthony Miranda 50 50.00 Nellie M. Swett 51 50 .00 Walter J. Good 165 42.00 F 476 4,71 Jules Pacheco 166-167 100.00 Manuel Lima 168-169 100.00 Manuel Cosmo 1.70 50.00 Jseph F. & Mary A. Sheffield 17/-172 200.00 Joseph F. & Mary A. Sheffield 173 200.00 (Paul Revere Road) ORDER OF TAKING By the Town of Lexington of Easement for the Con- struction of a Water Main PAUL REVERE ROAD From Hill Street southwesterly and distant approximately 450 feet WHEREAS, at a meeting duly called and held on March 24, 1947, the Town Meeting of Lexington pursuant to an articib 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 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 ou notes of the Town, and that the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorised to borrow the sum of $170,000 and to issaebbonda 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 $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 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 virtue of the authority conferred upon them by the foregoing voAe and of every dither power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement for the purpose of construdting 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 II 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. Cosgrove , Town Engineer, above referred to, which I L _ 4 Y V 4a I/ are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that would be assessed upon each said parcel of land to be as shown in the said schedule. We determine that no damages have been sustained and none are awarded. To have and to hold the said easement to the Town of Lex- ington, its successors and assigns, to its and their own use and behoof forever agreeable to the provisions of said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto 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. Fmery COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. September 15, 1947 Then personally appeared the. above named William C. Paxton, Errol H. Locke, Frederick M. Gay and George W. Emery and severally scknowledged 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 1 479 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 Lot No. Assessment George H. Doughty, Jr. Lot E $ 125.00 John J. Anderson Lot D 125.00 Henry L. Stone 250.00 William P. Cutler Lot G 125.00 (Ledgelawn Avenue) ORDER WF TAKING By the Town of Lexington of Easement for the Construction of Water Main LEDGELAWN AVENUE (Hamilton Rd. to Liberty) Avenue 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 appropriation theref'Br, "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. I 480 e 1 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 4.4, 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 Selectman 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 therein 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 1 481 1 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 to, 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 11th day of August, 1947. /s/ William C. Paxton Selectmen /s/ Errol E. Locke of /s/ C.anrraa iT Emery Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. August 11, 1947 Then personally appeared the above named William 4132 cr m-a. C. Paxton, Errol H. Locke and George W. Emery and severally II 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 NotaryPublic 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 IIHome Finance Company 150 $ 88.00 " " " 151 88.00 " " " 152 94.0o " " " 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 Terrasb) From the present end and westerly distant IIapproximately 380 feet. WHEREAS, at a meeting duly called and held on March 24, 1947, 4841 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 'Pawn 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 AREAS, 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 c^ 0-3 said, the following easement, namely: The right to enter upon the land shown as Ledgelawn Avenue on a plan entitled, "Plan cif Proposed Water 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 11th day of August, 1947. 485 /s/ William C Paxton Selectmen /,5/ 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, 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 Tiurrav 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 " M 183 94.00 486 ( Robinson Road) COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Town of Lexington WHEREAS, the Town of Lexington at a town meeting duly called and held on March 24, 1947, duly adopted under Article 10 of the warrant the following votes: "Voted; That the Selectmen be and they hereby are authorized to install water mains not less than 6" but less 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 Towti, 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. 1 487 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 11th day of August, 1947. /s/ William C. Paxton Selectmen /s/ Errol H. Locke of /s/ George W. Emery Lexington COMMONWEALTH OF MASSACHUSETTS 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 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 Cr, alt 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 367.00 Adrian W. & Kathryn M. Cleveland 300.00 George J. Andrews 695.00 Leslie E. & Evelyn J. Marshall 575.00 Royal D. Chandler 463 .00 Edwin B. Worthen 730.00 Amos L. Taylor Exors. Trs. Paul C. & Gladys E. Folsom 830.00 (Grove St. ) 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 Aay 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 theretOr 4439 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 Water 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 11th day of August, 1947. /s/ William C. Paxton Selectmen /s/ Errol H. Locke of /s/ reoree W. Emery Lexington 490 COMMONWEALTH OF MASSAwivozwTS 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. I.urray Notary Public SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDEE. 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 1 491 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 on for and in behalf of the said town, by virtue of the authority conferred upon"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 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. 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 WHEREOR the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereu@to subscribed our names this 11th day of August, 1947. Paxton /s/ William C. Selectmen /s/ Errol H. Locke of /s/ Georgie 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, /s/ Hazel J. LIurray Notary Public SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER SHERBURNE ROAD From Winthrop Rd. southerly and distant approximately 840 feet Owner as of January 1, 1947 Lot No. Assessment Elizabeth West 108.00 Joseph F. Kelley 355.00 Charles W. & Robert L. Ryder, Trustees 64 179.00 494 , Charles W. & Robert L. Ryder, Trustees 65 179.00 66 105.00 n w n n 118 120.00 n " 119 138.00 " n " n 145 145.00 146 128.00 (Wachueett Drive) ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main MACHUSETT DRIVE From the present end easterly and distant Approximately 175 feet. AREAS, at a meeting duly called_ and held on 'March 21+, 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 theredar "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 theref5r the 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 tim► 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 1 496 .044 other than the general advantee 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 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 11th day of August, 1947. /s/ William C. Paxton /s/ Errol H. Locke Selectmen I /s/ George W. Emery of 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 E. Murray Notary Public I 4197 SCMJUULE 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. AsRsadment Leslie D. & Ethel V. Johnson 80 50.00 George P. & Henrietta L. Gilmartin 81 50.00 » » » » w 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- L 498 o- fled with the arrangement. The Chairman asked if they believed, from a traffic engineering point of view, that there should be lights at Traffic this location. Mr. DeFoe replied that they would not Lights 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 voted. Mr. Lynch arrived at the meeting at 8:30 p.m. Petition was received from the Boston Edison Company, together with a plan and orders requesting the following. Prospect Hill Road, approximately 225 feet southeast of Pole Wachusett Drive - Remove One (1) Pole. Locations Prospect Hill Road, approximately 265 feet southeast of 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. 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 4199 , � 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. ]eFoe 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 Board was a large tract of fling 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 'gat 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 pftm. I 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 bet. t_'- t it le Low ooe.t_ 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 collected 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. 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 asked 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. Baskinfs 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 e The Chairman asked the group to retire for a few moments. Mr. Locke said that he could see a possible abatement bringing 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 wastewater 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. 1503 1 II 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 $74,000. 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 he 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. I 5041-3 mot Letter was received from Mr. F. D. Sabin, District Highway Engineer, recommending that the Traffic Rules Amend and Regulations be revised so as to include No Parking on Traffic the easterly side of Pleasant Street from the eriveway at Rules 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 Tax Title Commercial Street, Boston, offering $45 for lots 167, Property 168 Cliffe Avenue. The Committee on Tax Title property recommends $50. Mr. Locke moved that Mr. Apostolu be advised that the Tax Title 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 Tax Title 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. 505 The Board gave further consideration to the offer received from Domenick L. Torci 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. Ms. Emery seoonded 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 Incor- Kenneth R. Fox, 12 Bertwell Road, Lexington, a satis- poration tacotry character reference having been received from the Chief of Police. Letter was received from C. T. Abbott, 26 Richard Road, Lexington, requesting permission to conduct a paper Paper drive for the East Lexington Cub Scouts 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 through' 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 Member Board be appointed a member of the Board Of, Appeals to Bd. of fill the vacancy caused by the resignation of Mr. Appeals 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 App'mt of Civil Service will not permit him to accept the app- to Board cbtntment to serve as a member of the Board of Public of Pub. Welfare. Welfare b . - 506 cio The appointment of another member was held over until the next meeting of the Board. Letter was received from Commander Melquist 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 Dedar 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- oMmending 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 hbt 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. 501 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 Licenses license was received from Alexander and Peter Malley of 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 December, 1, 1947 41,462.60) , 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 1946 Town Town Departments and Committees requesting three copies of their 1946 Town Reports to be typed uniformly and returned Reports 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 oat 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 asked if the Board wanted to file all Board of Survey Agreements. The Ryder agreement on Sherburne Road has not as yet been filed. 111 Mx. 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 held 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: le , electmen. l' 1 I.