HomeMy WebLinkAbout1947-10-14SELECTMEN'S MEETING
October 14, 1947
A regular meeting of the Board of Selectmen
was held on Tuesday evening, October 14, 1947, in
the Selectmen's Room, Town Office Building. There
were present: Chairman Paxton, Messrs. Emery,
Gay and Driscoll. The Clerk was also present.
Upon the request of the Town Clerk jurors
were drawn as follows:
Ira J. Rymal, Regional Manager, 12 Merriam
Street, Criminal business at Cambridge beginning
Nov. 30th.
Jurors
Carl B. Tarbell, Salesman, 2 Raymond Street,
Criminal Business At Cambridge, beginning Nov.
30th.
Mr. Morton Bowe, an applicant for the use of
Cary Memorial Hall for the purpose of conducting a
concert, met with the Board. Mr. Bowe explained
that his idea is to bring good music into the small
communities. He said that he is cognizant of the
fact that concerts are usually sponsored by some Applicatiot
group. He stated that he is trying to interest for Cary
young American singers. The Chairman said that Hall Mortot
the Board of Selectmen felt that Cary Memorial Build- Bowe
ing was primarily for the use of Lexington citizens approved
and the rates established for the use of the hall are
based on the fact that local groups would be using
it. For any outside rental undoubtedly the rental
rates would be greatly different. Mr. Emery asked
what it was that Mr. Bowe intended to present and he
replied a musical concert of good music. Mr. Emery
asked if he hired the artists and he, replied that he
was the artist. Mr. and Mrs. Bowe retired at 7:30
P.M. Upon motion of Mr. Emery, seconded by Mr.
Driscoll, it was voted to grant the use of the hall
subject to a charge of $70.
At 8:00 P.M. Mr. Frank L. Stevens met with the F.L.
Board. Mr. Stevens informed the Board that he has Stevens
re;
Assessors
tried to find out from the Board of Assessors what
method has been used in the assessing of property in
his particular property. He stated that he has been
advised by the Assessors that they do not have to make
compariaons;. He said the reason he requested an
appointment with the Board to -night was the fact that
he understands the Selectmen make the appointments to
the Board of Assessors. The Chairman explained that
the Board of Selectmen has nothing to do with actual
assessing. He said that the Assessors area group
of citizens who, as far as the Selectmen are able to
determine, have "no axe to grind". However, in any
group there are bound to be mistakes and errors in
judgment. He explained to Mr. Steffens that after the
appointments have been made the Selectmen have no
control ofer the Assessors' Department. He further
stated that the Board of Selectmen would like to
have an appropriation of about $40,000 and have'the
entire town re -assessed. Mr. Stevens presented a
communication which he intends to publish in the
Minute -Man. Mr. Stevens retired at 8:30 P.M. and
Mr. DeFoe met with the Board.
He informed the Board that he has received. .a
quotation on curbing from H. E. Fletcher of West
Chelmsford of $1.45 per foot and a quotation from
Oak Hill of $1.25 per foot. Morris Bros. are not
interested in bidding and Decateret is not interested.
The Chairman stated that H. E. Fletcher is an outstand-
ing concern and without doubt has a good product. Mr.
Emery asked how soon the Superintendent needed the
curbing and he replied that he needed it just as soon
as he could obtain it. Mr. Driscoll moved that the
Sup't. of Public Works be authorized to place an order
with H. B. Fletcher at their quotation of $1.45 per
foot. Mr. Gay seconded the motion, and it was so
voted.
Mr. DeFoe submitted the following quotations for
painting the standpipe:
J. H. Tredennick, Inc., 505 Lynn St., Malden, Mass.
Outside: Scrape, power wire brush, apply one spot
coat and two (2) complete finish
coats of paint $ 1,760.00
Inside: Scrape, power wire brush, and apply three
(3) full coats to all interior
surfaces of tank, except the crown
which is to be wire brushed, spotted,
i
respotted, and a full coat of paint applied
4,210.00
The contractor is to supply all labor, equipment
and materials except the 220 volt power for motors
which is to be supplied by the Town.
Roy 0. Leonard, 230 Waverly Street, Framingham, Mass.
Outside: Labor and stock for cleaning, spot coating
and applying one complete coat of paint,
$1,125. If two (2) coats of paint are
applied to the outside the price will be
1,624.
Inside and Outside: Two (2 ) power wire brushing
and three (3) coats of paint, inside and
outside $3,974 Sand blasting the inside
with three (3) coats of paint inside and
outside $ 6,600.
Dixie Tank and Bridge Company:
Inside:
Outside:
To rig, clean and scale in the inside of
the tank $ 2,100.
One coat of Dixie Asphalt Tank Reliner
925.
Remove all rust and paint from the exterior
of tank. Apply one spot coat to all
bare metal and apply one complete coat of
paint to the exterior of the tank
$ 775.
Mr. DeFoe informed the Board that Mr. Leonard recomm-
ends that both the inside and outside work be done
next year. Mr. Emery asked if the price was firm
and Mr. DeFoe replied in the affirmative. Upon
motion of Mr. Gay, seconded by Mr. Driscoll, it was
voted to award the contract to Roy O. Leonard at his
price of $6,600. providing arrangements map be m&de
may be made to hold the funds over until the work
is done in 1948. The Board suggested that the
Supt. of Public Works consult the Town Counsel
relative to the preparation of the contract.
Mr. DeFoe stated that he had an inspector from
the State Department of Public Works view Pleasant Street
and Independence Avenue relative to parking regulations.
"No Parking" The State recommends.a "no parking " sign from the
Signs junction of Route 2 at Watertown Street up to the present
sign. The State also recommends a "no parking" sign on
the northerly side of Independence Avenue extending up
Massachusetts Avenue approximately 200 feet.
Mr. DeFoe presented the proposed schedule of rates
of pay for the men in the Public Works Department based
on a 44 hour week. It was decided to withhold any
action until all members of the Board are present.
The Chairman said that Mr. Clayton Morse had
telephoned him and reported damage to the Barnes pro-
perty. The Chairman said he believes Mr. Morse knows
the names of those causing the damage, but refused
to reveal them. He asked the Suptt. of Public Works
to check with the Police Department and to find out
whether or not it is possible to determine who caused
the damage.
The Chairman read a letter from Eugene Viano
relative to the sidewalk laid at 34 Bedford Street.
Mr. Viano stated that shortly after the work was com-
pleted the sidewalk started to go to piaces and this
was brought to the attention of the Suptt. of Public
Works and also the Chairman of the Board of Selectmen.
Mr. Viaho stated;.that in view of the fact that Mr.
DeFoe and Mr. Paxton were aware that he had no inten-
tion of paying the bill until such time as the side-
walk :is relaid,;he waa'. surprised to find that the
bill had been transferred to his tax bill. Mr. Viand
stated that he does not do business in that manner and
he will be pleased to pay the bill in full as soon as
the new walk is re-laid. Mr. Paxton informed the
Board that even where there is no heavy trucking on
the sidewalk there is scaling at the joints. He said
it was just an unsatisfactory job and no one's fault
in particular. He said he really believed that the
Town should fix it. The Chairman said that it is now
getting too late in the season to do anything about
it but the letter should be acknowlcadged and Mr.
Viano advised that the Town will take care of the
situatimn next spring, and it is the respgnsibility of
the Town to maintain and take care of the sidewalk.
The Chairman agreed to discuss the matter personally
with Mr. Viano.
A letter was received from the Chamber of
Commerce informing the Board that the organization Street
believes it advisable to continue the lighting of Lighting
the public district until daybreak. The Clerk was
instructed to acknowledge the communication and
advise the Chathber of Commerce that in 1946 Town
Meeting voted for one o'clock street lighting
in preference to all night lighting. However, the
Board of Selectmen is willing to co-operate to the
extent of giving Town Meeting another opportunity
in March to vote on this subject.
The Chairman read a letter from the Chamber of
Commerce recommending that the flashing light at the
junction of Waltham Street and Massachusetts Avenue
and et the corner of Waltham Street and Marrett Road
be operated on a red flashing basis. The Chairman
said that this subject has been discussed by the
Board before. He stated that the lights on Waltham
Street are flashing yellow. He said that a year ago
the Board discussed the possibility' of having it
flashing yellow on Waltham Street and a flashing red
on Marrett Road. He asked the Sup't. of Public Works
to check this with the Traffic Engineer of the State
Department of Publid Works and to obtain his reaction.
A letter was received from the Board of Fire Engineers
suggesting that the buildings on the property at 101 Grant
Street be levelled inasmuch as they constitute a fire
hazard. The Engineers suggested that this hazard might
be eliminated before Halloween. Mr. DeFoe informed the
Board that he has received an offer of $200 from a Mr.
Palladino who desires to move the house. Mr. Mandago
telephoned the Chairman of the Board that he would like
to use the lumber but was not interested in paying for
it. He said that he would tear the building down and
take the lumber away. It was decided to authorize the
Supt. of Public Works to give the buildings to either
Mr. Pallhdino or Mr. Mandago with the understanding
that the buildings must be torn down before Halloween.
6
Lighting
on Massa-
chusetts
Avenue
Appreciation
of Bd. to
Officers
Woodward &
Janusas
School Comm.
re Budget
reimburse-
ment
School Comm.
re Police
Dep't.
report
Bill for
plans for
pro. School
sites to
Comm.
Army Recruit-
ing Office
Mr. Gay informed the Board that he has received
complaints relative to the inadequacy of the street light-
ing on Massachusetts Avenue at the Minute Man Market,
East Lexington. The Chairman expressed the opinion that
he did not believe it a good policy to snake any changes
in lighting until a survey has been made of the entire
length of Massachusetts Avenue to the Arlington line.
Upon motion of Mr. Emery, seconded by Mr. Gay, it was
voted to request the Boston Edison to prepare a survey
of the street lighting from the Lexington High School
down Massachusetts Avenue to the Arlington line. Mr.
DeFoe retired at 10:05 P.M.
The Chairman read a letter from Lieutenant Neal
informing the Board that Officers Woodward and Janusas
apprehended an alleged thief in the process of robbing
Buttrick's stand on Bedford Street. The Clerk was in-
structed to acknowledge the letter and ask Lieutenant
Neal to convey to the officers ' the Board's appreciation
for the efficient manner in which they had performed
their duty.
The Chairman read a letter from the School Committee
with reference to increasing their budget to pay for
damage done by vandals. The Chairman stated that in all
municipal departments reimbursements are made to the town
and not to the department. Assuming this applies to the
School Department any reimbursement would have no effect
on the amount to be -appropriated. The School Committee
also expressed the desire to find out if the Police
Department is going to be able to collect for any',pf the
damage done at the Adams, Hancock and Parker Schools.
The Clerk was instructed to invite the Chief of Police
to meet with the Board next Monday evening to discuss
this matter.
A bill in the amount of 497.00 was received from
Miller and Nylander for preparing large scale plans of
the proposed school sites which were used at the recent
Town Meeting. The Clerk was instructed to forward the
bill to the School Committee.
A letter was received from Majdr Charles E. Allen
informing the Board that it is the opinion that the
Army Recruiting Station in Lexington will be here for
an indefinite period, probably a minimum of twelve
months or more.
A bill in the amount of $10,00 was received from
Dr. Crumb for his services relating to the examination
of Captain Charles Richards,formerly employed by the
Fire Department. The Clerk was instructed to forward
the bill to the Fire Department for payment.
A letter was received from Donald E. Currier,
M. D. State Surgeon, advising that Dr. Harold J. Crumb
has been designated as Chairman of the medical panel
to examine Forrest Knapp, an employee of the Police
Department, for disability retirement. He stated that
Doctor Crumb will send a report of the panel's find-
ings to the Selectmen.
A letter was received from Maurice M. Ginsler,
61 Park Drive, Boston, offerring $60.00 for Lots
486-491, inclusive, on Balfour Street. The Committee
on Tax Title Property recommends the sum of $25.00
for each lot. Mr. Emery moved that Mr. Ginsler
be advised that the Board of Selectmen will entertain
an offer of $150.00 for these lots. Mr. Gay seconded
the motion, and it was so voted.
A letter was received from Pennell and Thompson's
Real Estate office stating that one of their customers,
the Manson Realty Trust, has requested them to submit
an offer of $275 for Lot 5 Spring Street. It was de-
cided to hold this over until the next meeting of the
Board.
Further consideration was given to Frank T. Neal's
offer of $100 for Lot 53 Kendall Road. This offer
was advertised in the October 9th issue of the Lex-
ington Minute Man. No persons contacted the Select-
men's office as the result of this advertisement. Mr.
Emery moved that Lot 53 Kendall Road be sold and con-
veyed to Frank T. Neal for $100. Mr. Gay seconded the
motion, and it was so voted.
Further consideration was given to Mr. Charles
Miller's offer of $500 for Lots 98 to 107 Deering Ave.,
Lots 108 to 111 Eastern Avenue; Lots 112-120 Oak
Avenue., This offer was advertised in the October
9th issue of the Lexington Minute Man. No persons
contacted the Selectmen's office as the result of this
advertisement. Mr. Gay moved that the lots be sold
and conveyed to Mr. Charles Miller for $500. Mr. Emery
seconded the motion, and it was so voted.
Bill for
Capt.
Richards
to Fire
Dep't.
Medical
Panel
appointed
for Forrest
Knapp
Offer for
Lots on
Balfour
Street
Offer for
Lot 5
Spring
Street
Lot 53
Kenda 11
Road sold
to Frank
T. Neal
Lots sold
to Charles
Miller
Tax Title
Lots sold to
John Collins
Further consideration was given to Mr. John
Collins' offer of $500 for Lots 66-73 Fairland Ave.,
74-77 Eastern Avenue, 78-85 Deering Avenue. This
offer was advertised in the October 9th issue of the
Lexington Minute Man. No persons contacted the
Selectmen's Office as the result of this advertisement.
Mr. Gay moved that the lots be sold and conveyed to
Mr. Collins for $500. Mr. Driscoll seconded the motion,
and it was so voted.
An application was received from Beatrice S.
Morse for permission to conduct a puppet shown in
Estabrook Hall on the mornings of November 1 and 8, the
Use of hall proceeds of which shall be used for the Building Fund
for Simmons College. Mr. Emery moved that the uses
be granted subject to a charge of $10.00. Mr.
Driscoll seconded the motion, and it was so voted.
A letter was received from Stanley C. Marshman,
Secy. of the Camera Guild, inquiring as to the
Use of hall availability of Estahrook Hall as a meeting place.
for Camera Guild The Clerk was instructed to invite Mr. Marshman to
meet'with the Board next Monday evening.
An application was received from Stanely Hill
Post, A. L. requesting permission to conduct a banquet
Use of Cary in Cary Memorial Hall on the evening of November llth.
Hall to Am. Mr. Gay moved that the use of the hall be granted free
Legion of charge. Mr. Driscoll seconded the motion, and it
was so voted.
Upon motion of Mr. Gay, seconded by Mr. Emery, it
Licenses was voted to grit the following licenses:
:William: Viano) 1794 Mass. Avenue Sunday Movies
Countryside .Associates. Lowell Street " Golf
Upon motion of Mr. Driscoll, seconded by Mr.
Emery, it was voted to sign sewer orders for Liberty
and Ledgelawn Avenues in the following form:
Sewer orders
Liberty &
Ledgelawn
bakuell
1
COP.t0NWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
ORDER FOR THE CONSTRUCTION OF SEWER
The Board of Selectmen of the Town of Lexington,
acting in pursuance of the provisions of Chapter 504
of the Acts of 1897 and all acts in addition thereto
and in amendment thereof, and of every other power
and authority hereto enabling, at a meeting duly held
this twenty-fou.rth day ofNbvember, 1947, has
laid out and voted to construct a common sewer in
Liberty Avenue, a way in said town opened or dedicated
to the public use which has not become a public way,
as more fully shown on a plan entitled, "Plan of
Proposed Sewer in Liberty Ave. Lexington Mass. Scales
Hor. 1 in. = 40 ft. Vert. 1 in. = 4 ft. Swept. 24,
1947, John T. Cosgrove, Town Engineer", abut#ing the
premises numbered 2, 18, 32, 36, 38, 5, 11, 17, 21,
25, 29, 33, 37 thereon designated as Lots 163 (2),
162, 161, 160, 141, (18), 140, 139, 138, 137 (32),
136 (34), 135 (38), 156 (5), 142 (11), 143 (17)
144 (21), 145 (25), 146 (29), 147 (33), 148 (37), on
the Assessors' Plans and does hereby order that the
same be constructed in said location. A plan entit-
led, "Plan of Proposed Sewer in Liberty Ave. Lexing-
tmn, Mass. Scales Hor. 1 in. = 40 ft. Vert. 1 in. _
4 ft. Sept. 24, 1947, John T. Cosgrove, Town Engineer",
is to be recorded herewith all in compliance with the
vote taken at the Adjourned Town Meeting held on March
24, 1947 as follows: "VOTED: That the Selectmen
be and they hereby are authorized to install sewer
mains in such accepted or unaccepted streets as may be
applied for during the year 1947 in accordance with
St. 1897, Chap. 504, as amended, or otherwise, and to
take by eminent domain any easements necessary there-
for, and to appropriate therefor the sum of $26,000
of which $6,000 is to be transferred from the Excess
and Deficiency Account and the balance of $20,000 is
to be raised by the issue of bonds or notes of the
Town; and that the Treasurer, with the approval of the
Selectmen, be and he hereby is authorized to borrow the
sum of $20,000 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
ten years."
That the work be done by, or under the direction
of, the Superintendent of Public Works who shall as soon
10
as feasible after the completion thereof, together with
the Town Engineer, compute the expense of the same and
return to the Board an account thereof, and that there-
after, one half (i) of the cost of construction thereof
shall be assessed upon the estates specially benefitted
thereby, under and subject to the provisions of Chapter
221 of the Acts of 1926.
•
And it is further ordered that a copy of this
order, attested by the Clerk of this Board, be filed
for record in the Registry of Deeds for the Southern
District of said County, as a statement of our action
in the premises, in compliance with the provisions of
Section 27 of Chapter 83 of the General Laws.
The assessments so to be made are estixn ted, and
the estates upon which assessments may so be made, are
numbered in the numbering of said streets, or other-
wise designated, as set forth in the schedule hereto
annexed and made a part hereof.
Selectmen
of
Lexington
/s/ William H. Driscoll
/s/ George W. Emery
/s/ i rrol H. Locke
/s/ Frederick M. Gay
Attest:
Hazel J. Murray
Clerk
TOWN OF LEXI» T0N
Schedule of estimated assessments, and estates
to be assessed Annexed to Sewer Order for con-
struction of sewer in Liberty Avenue abutting
the estates numbered below
Street Parcel Supposed
Number Number Area Owner
Estimated
Assessment
2 163 6900 Ervin R. Dix & 167.00
Right of Eugene B.
way Hamilton
(Trustees, Home
1500 Finance Company) 36.00
162 7000 " " " 169.00
161 7000 " " " 169,00
160 6200 " " " 150.00
18 141 7940 Richard B. & Marjorie
J. Plaisted 192.00
140 7500 Ervin R. Dix & 181.00
Eugene B.
Hamilton (Trustees
Home Finance
Company)
139 7500 Lawrence B. & Sarah 181.00
138 7500 Lreland B. Hunt 181.90
& Grace E. Cottom
32 137 7000 It " " " 169.00
36 136 7000 James F. & Helen M. 169.00
Cava na ugh
38 135 6000 Wilson S. & Mary E. 145.00
Bernar d
5 156 9050 Ervin R. Dix & Eugene 219.00
11 142 6980
17 143 6970
21 144 7500
25 145 7500
29 146 7000
33 147 7000
37 148 7720
B. Hamilton
(Trustees Home
Finance Company)
» in » »
» » » »
» »
It tt
» » »
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Edmund Janos
169.00
168.00
181.00
181.00
169.00
169.00
187.00
11
12
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
ORDER FOR 'PHLS CONSTRUCTION OF SEVER
The Board of Selectmen of the Town of Lexington,
acting in pursuance of the provisions of Chapter 504
of the Acts of 1897 and all acts in addition thereto
and in amendment thereof, and of every other power
and authority hereto enabling, at a meeting duly held this
twenty-fourth' day of November, 1947, has laid out and
voted to construct a common sewer in Ledgelawn Avenue,
a way in said town opened or dedicated to the public use
which has not become a public way, as more fully shown
on a plan entitled, "Plan of Proposed Sewer in Ledge -
lawn Ave. Lexington, Mass. Scales Hor. 1 in. = 40 ft.
Vert. 1 in. = 4 ft. Sept. 24, 1947, John T. Cosgrove,
Town Engineer", abutting the premises numbered 22, 24,
36, 38, 27, 29, 33,35, 47, 51 thereon designated as
Lots 167 ( 22), 16 (24), 165, 164, 155 (36), 154 (38),
153, 152, 151, 150, 149, 188,189, 190, 191, 192,(27),
193 (29), 194, 195, (33), 19 (35), 197, 198, 199, 200,
201, 112 (47), 113, 114 (51), on the Assessors' Plans
and does hereby order that the same be constructed in
said location. A plan entitled, "Plan of Proposed
Sewer in Ledgelawn Ave. Lexington, Mass. Scales Hor.
1 in. = 40 ft. Vert 1 in. = 4 ft. Sept. 24, 1947, John
T. Cosgrove, Town Engineer", is to be recorded here*ith
all in compliance with the vote taken at the Adjourned
Town Meeting held on March 24, 1947 as follows;
VOTED: That the Selectmen be and they hereby are author-
ized to install sewer mains in such accepted or unaccepted
streets as may be applied fpr during the year 1947 in
accordance with St. 1897, Chap. 504 as amended, or
otherwise, and to take by eminent domain any easement
necessary therefor, and to appropriate therefor the sum
of $26,000, of which $6,000 is to be transferred from the
Excess and Deficiency Account and the balance of
$20,000 is to be raised by the issue of bonds or notes
of the Town; and that the Treasurer, with the approval
of the Selectmen, be and he hereby is authorized to borrow
the sum of $20,000 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
ten years."
That the work be done by, or wider the direction of,
the Superintendent of Public Works who shall as soon as
feasible after the completion thereof, together with the
1
13
Town Engineer, compute the expense of the same and
return to the Board an account thereof, and that
thereafter, one half (i) of the cost of construction
thereof shall be assessed upon the estates specially
benefited thereby, under and subject to the provisions
of Chapter 221 of the Acts of 1926.
And it is further ordered that a copy of this
order, attested by the Clerk of this Board, be filed
for record in the Registry of Deeds for the Southern
District of said County, as a statement of our action
in the premises, in compliance with the provisions
of Section 27 of Chapter 83 of the General Laws.
The assessments so to be made are estimated, and
the estates upon which assessments may so be made,
are numbered in the numbering of said streets, or
otherwise designated, as set forth in the schedule
hereto annexed and made a part hereof.
/s/
/s/ George W. Emery of
/s/
/s/ Frederick M. Gay Lexington
Selectmen
William H. Driscoll
Errol H. Locke
Attest:
Hazel J. Murray
C erk
14
TOWN OF LEXINGTON
Schedule of estimated assessments, and estates to be
assessed
Annexed to Sewer Order for construction of sewer in
Ledgelawn Avenue abutting the estates numbered
below
Street Parcel
Number Number
Supposed
Area Owner
Estimated
Assessment
22 167 7740 Arthur J. & Katherine $ 174
J. Peloquin
24 166 6500 Ervin R. Dix & Eugene 146
B. Hamilton Trustees,
Home Finance Co.
165 7670 " " 172
164 6540 " " " 147
36 155 7500 '► " " 168
38 154 7500 " It " 168
153 7500 " " 16
152 7500 " " 16`8
151 7000 " " ,, 157
150 7000 " " ►► 157
149 7070 Eugene B. Hamilton 159
188 8400 Ronald F. Davis 188
189 7500 " " " 168.
190 7500 " " " 168.
191 7500 " ",.." 168
27 192 7500 Ervin R. Dix & Eugene 168
B. Hamilton, Trust-
ees, Home Finance
Company
29 193 7500 ft " �! 168
194 7500 " TM " 168
33 195 7500 It
" " 168
35 196 ?500 " " " 168
197 7500 " " " 168
198 750o " " " 168
199 7500 " " " 168
200 7500 TM n TM 168
201 7500 Stanley S. & Margaret C. 168
Berest
47 112
5000 " " " " 112
113 4810 Basil R. Deering 108
51 114 4700 It " " 105
limuskA
1-4
1
15
Upon motion of Mr. Driscoll, seconded by Mr.
Emery, it was voted to sign a water order for "A"
Street in the following form:
ORDER OF TAKING
By the Town of Lexington of Easement for
the Construction of a Water Main
"A" STREET
From Rawson Avenue northerly and distant
approximately 125 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 ease-
ments 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 authercized to borrow the
sum of $170,000 and to issue bonds or notes of the
Town to by payable in accordance with the provision
of General Laws, Chapter 44, within a period not
exceeding fifteen years.
Voted: That the Selectmen be and they hereby
are authorized to install water mains of 16" or more
in diameter in such accepted or unaccepted streets
as may be applied for during the year 1947, subject
to the assessment of betterments, and to take by
purchase or eminent domain any easements necessary
therefor and to appropriate therefor the sum of
$100,000 which said sum shall be raised by the issue
of bonds or notes of the Town, and that the Town
Treasurer, with the approval of the Selectmen, be
and he hereby is authorized to borrow the sum of
$100,000 and to issue bonds or notes of the Town to
16
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 "A" Street from Rawson Avenue northerly
and distant approximately 125 feet as aforesaid, the
following easement, namely:
The right to enter upon the land shown as "A"
Street in a plan entitled, "Plan of Proposed Water
Main in "A" Street, Lexington, Mass. Scale 1 in.
40 Ft. Aug. 8, 1947, John T. Cosgrove, Town Engineer,"
and owned by Vivien, Malcom W. & Kendall S. Reed,
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. 8, 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 with-
in the said way as may be reasonably necessary for the
purpose of initially constructing and thereafter main-
taining, operating, inspecting, repairing and replac-
ing 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 materialand 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.
•
1
receive advantages other than the general advantage
to the community from such improvement comprises the
several lots shown upon the plan of John T. Cosgrove,
Town Engineer, above referred to, which are designated
in the schedule hereto annexed and made a part hereof.
We estimate the betterments that would be assessed
upon each said parcel of land to be as shown in the said
schedule.
We determine that no damages have been sustained
and none are awarded.
To have and to hold the said easement to the Town
of 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 supplemen-
tal thereto,
IN WITNESS WHEREOF the undersigned being a majority
of the Board of Selectmen of Lexington aforesaid have
hereunto subscribed our names this 14th day of October,
1947.
/s/ William C. Paxton
/s/ Geo. W. Emery
/s/ Frederick M. Gay
/s/ William H. Driscoll
COMMONWEALTH OF MASSACHUSETTS
17
Selectmen
Middlesex, ss. October 14, 1947
Lexington, Mass.
Then personally appeared the above named William C.
Paxton, George W. Emery, Frederick M. Gay and William H.
Driscoll and severally acknowledged the foregoing instru-
ment 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,
Hazel X. Murrav
Notary Pub ie.
of
18
SCHEDULE OF ESTIMATE]) BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
"A" STREET
From Rawson Ave. northerly and distant
approximately 125 feet.
0*ner as of Jan. 1, 1947 Assessment
Vivien, Malcom W. & Kendall S. Reed 167.00
To obtain
bids on
bonds
The Clerk was instructed to request the
Town Treasurer to obtain bids on the following
bonds which were authorized at the Adjourned
Town Meeting held on September 29, 1947:
36,000 Rhodes and Winter Sts., Articles 3-4
5,000 Supplementary Appropriation for street
construction, Article 10
$22,000 Acquiring land for school purposes,
Articles .20-24
$25,000 Settlement of the Ryder Claim, Article 6
The Clerk informed the Board that Lieutenant
Neal would like to have Peter Zitso, 21 Bertwell,Road,
appointed a special police officer. Mr. Zitso is to
instruct photography to the Police Officers and he
very often takes pictures for the Police Department.
Mr. Driscoll moved that Peter Zitso be appointed
a special Police Officer, in the Town of Lexington
for a term expiring March 31, 1948.
Mr. Gay seconded the motion, and it was so
voted.
The meeting adjourned at 11:20 P.M.
A true record, Attest:
e ilectraen.
Sad