HomeMy WebLinkAbout1947-11-1070
J. J.
Carroll
SELECTMEN'S MEETING
November 10, 1947
A regular meeting of the Board of Selectmen
was held on Monday evening, November 10, 1947,
at 7 o'clock. There were present Chairman, Paxton,
Messrs. Locke, Emery, Gay and Driscoll. The Clerk
was also present.
At 7:00 P.M. Mr. James. J. oarrolL Town Clerk,
and Town Treasurer met with the Board. 14r. Carroll
was requested to appear before the Board this eve—
ning as the result of the dist1ltbance caused by him,
and insulting remarks made by him to the clerks in
the Selectmen's Office on October 30th. At the
conclusion of the disnussion he presented the follow-
ing bids relative to the borrowing of $88,000
($41,000 -Street construction and $47,000 - land for
school purposes):
Bids for Whiting, Weeks & Stubbs 100.30 1i%
Borrowing Second National Bank 100.279 li%
Robert Hawkins Company 100.139 1-%
Estabrook & Company 100.06 1%
Day Trust Company 100.05 1 %
Hearing for
Oil
Tank for
Storage
Lee Higginson
jt. Kidder -Peabody
Merchants National Bank
Hornblower &:, Weeks
First National Bank of
Boston
101.095
101.076
100.67
100.575
1 3/41
1 3/4%
1 3/45
1 3/4%
Upon motion of Mr. Emery, seconded by Mr. Locke,
it was voted to accept the bid of Whiting, Weeks &
Stubbs at 100.30 at l2%. Mr. Carroll retired at
7:45 P.M.
The Hearing was declared open upon the appli-
cation of John Baskin for permission to install an
underground tank for the storage of 10,000 gallons
of #6 oil on his property located on East Street;
oil to be used for the purpose, of heating four
1
greenhouses. The petitioner was the only person
present at the hearing. Mr. Joseph H. Fiske
came into the Selectmen's Room to attend the hear-
ing but did not wait until the hearing was dec-
lared open. Mr. Baskin informed the Board that
Mr. Fiske stated that he had no objection to the
permit being granted. A notice of the hearing
was read by the Chairman and upon motion of Mr.
Driscoll, seconded by Mr. Gay, it was voted to
approve the application subject to the approval
of the Board of Fire Engineers. Mr. Baskin retired
at 7:52 P.M.
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Hearing
for Oil
Tank for
Storage
The Hearing was declared open upon the petition Hearing
of the Boston Edison Company for permission to erect Boston
or construct, and a location for , a line of wires, Edison
poles and such other fixtures as may be necessary Co.
to sustain or protect the wires of the line, for the
transmission of electricity, beyond, along and across
the following public ways of said town:
Steadman Road, northerly from a point approximately
385 feet north of Allen Street - two (2) poles.
No persons appeared in favor or opposition. Mr. Emery
moved that the petition be approved. Mr. Driscoll
seconded the motion, and it was so voted.
At 7:55 P.M. Mr. Wallace Weisinger and Mr.
DeFoe met with the Board. The Chairman told Mr.
Weisinger he would like to ask him a few questions
pertaining to Goodwin Road. Mr. Weisinger stated
that he is just working for the town and that Mr.
DeFoe is his boss. He said that he takes orders
from Mr. DeFoe and it is not his job to go over Mr.
DeFoe. Ivlr. Weisinger said that he thought if there
were any questions to be asked they should be asked
of Mr. DeFoe. The Chairman said the Board felt the
same way but the Board has received a request from
one of the citizens of the town who would like to ask
Mr. Weisinger some questions and the Board thought
it best to talk to him. Mr. Weisinger said that it
was all right with him and Mr. DeFoe had no objections
to Mr. Weisinger being questioned. The Chairman asked
Mr. Weisinger when he first heard about Goodwin Road
relative to the matter of treatment. Mr. Weisinger
replied that Mr. Lynch asked him in the summer if it
W. Weisin-
ger re
goodwin
Road
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could be done. He said that Mr. DeFoe told him to
do it. Mr. Weisinger said that he told Mr. DeFoe
that materials are not available on Saturday and it
is dark after hours, and that the -work would have to
be done during working hours. The Chairman asked when
they first began work on Goodwin Road. Mr. Weisinger
said that as far as the dates are concerned the slips
are the only thing he has to go by. The Chairman said
that he understood they worked on October llth and
asked if this was correct. Mr. Defoe replied that
they worked there on Monday the 13th, Tuesday the 14th
and Saturday the 18th. The Chairman asked if they got
crushed bank gravel on the 13th and Mr. Weisinger said
the first day they worked there they got crushed bank
gravel. The Chairman said that according to the slips
they used 76 tons. Mr. Weisinger said they used what-
ever-- the slips called for. The Chairman asked how
many men worked on the job and Mr. Weisinger said he
thought the first day there were just the truck drivers,
the grader operator and the roller operator. The Chair-
man asked how long they worked that day. kr. Weisinger
said that if he remembered correctly it was an hour
for each man with the exception of the grader operator.
He said they tried to work it in with one of the other
jobs and that they also hauled gravel to Robinson Road
that day: The Chairman said that the Board had the
impression it was a holiday and no one worked. Mr.
Weisinger said that they work Sundays and every day
and that they can get crushed bank gravel any day.
Mr. Gay asked if.they worked in the morning or in
the afternoon of Saturday the 18th. Mr. Weisinger said
that they had a load of oil come in and they worked
that morning. The Chairman asked how many men worked
on Monday, the amount of equipment and between What
hours the men worked. %Ir. DeFoe said the grader was on
the job four hours. Mr. Weisinger said it was the
latter part of the afternoon and he thought it was
after dinner when the grader went down. The Chairman
said they must have delivered the crushed bank gravel
at that time. Mr. Weisinger said that the trucks went
from Robinson Road to the pit and then down to Goodwin
Road. The Chairman asked how long they worked on
Robinson Road and Mr. Weisinger said he thought it was
two (2) days. The Chairman asked how many loads they
got at Robinson Road the morning of the 13th. Mr.
Weisinger replied that they make a trip every half
1
73
hour from Robinson Road, going up Grove Street. The
Chairman asked how many trucks they had on the job
and Mr. DeFoe replied that they had three. The Chair-
mansaid that they made approximately three loads,
he believes, and it would take somewhere close to two
and one-half hours to make the trip. He asked when
they started hauling the gravel. Lir. Weisinger replied
that he could not tell the exact hours because they
do one job and then another. The Chairman asked if he
had a rough idea as to when they started. Mr. Weisinger
replied that the grader operator got there after lunch
and they went to the pit. The Chairman said that chances
are they started about 12:30 and finished around 3:00
P. M., and an hour was allowed per trip. Mr. DeFoe said
that is what it amounted to. Mr. Locke asked if it were
nine hours for that day for a truck and Mr. DeFoe rep-
lied in the affirmative. The Dhairman asked if they
had three men plus a grader operator and Mr. DeFoe said
there were four hours for the men operating the grader
and three hours for each truck driver; also three hours
for the roller. The Chairman asked if the roller operator
rolled up Robinson Road after the grader got through and
then went to Goodwin Road and rolled that. Mr. Weisinger
said that was correct. Mr. Weisinger said that he had
one man trimming the sides and he was there about one
hour:'. The Chairman asked what happened on Tuesday,
October 14th. Mr. Weisinger said that the oil came,
he thought, about eight in the morning, and that he had
two loads of peastone right there. The Chairman asked
how many tons of peastone was used and Mr. DeFoe said
there were 13.25 tons - two loads. The Chairman asked
how much was charged for trucking on that day and Mr.
DeFoe replied that they charged one hour for each truck.
There were two trucks and two drivers. The Chairman
asked if there were any laborers on the job and Mr.
DeFoe replied that they had three laborers, at one hour
each. Mr. Locke asked if they had a spreader and Mr.
Weisinger replied in the negative. The Chairman asked
what type of material. Mr. llleisinger said he thought
it was RC2 or 5 but Mr. DeFoe said that it was RC1.
The Chairman asked if it were cut back 5% kerosene *See below
i►ucl-Ips.-WeIsi. et►-gees-tAe-at ekiRgv He said that he
usually did but the driver sticked this.
The Chairman asked if they had much hand hosing
and Mr. Weisinger replied in the negative. The Chair-
man asked how many feet bf bars were put on. Mr.
* and Mr. Weisinger replied in the affirmative. The Chairman
asked if Mr. Weisinger does the sticking.
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Weisinger replied that there are 13 feet, all the
way around until they came to the "V". The Chairman
asked if Mr. Weisinger had any idea of the tach-
ometer reading and Mr. Weisinger replied in the
negative. The Chairrdan asked what the first stick-
ing was. Mr. DeFoe replied that it was 700 gallons
and that is what was charged. The Chairman said that
on Saturday, the 18th, they started early in the morn-
ing_and he wanted to know what happened on this date.
Mr. Weisinger replied that the trucks left the job to
go for the peastohe at 7:?0. The Chairman asked,
on the 700 gallons, how much a load the truck carried.
Mr. Weisinger said that if he remembered it correctly
he thought the truck that came had 1500 gallons. The
Chairman asked what happened to the other 800 gallons
and Mr. Weisinger replied that it went to North Han-
cock Street, He said they penetrated that and then the
gas company ran their pipe through and Mr. DeFoe told
him to fix it up and charge it to the gas company.
He said they had to do the whole road and that they
went from Bertwell Road to Braemore. Mr. DeFoe said
that the trench was about 4.80 feet long and the
length of the road done was about 600 feet. The Chair-
mand asked how heavy he applied it and Mr. Weisinger
said that they only put on one-half gallon. Mr. Locke
asked if they had receipts showing how much was put on
each job. Mr. DeFoe presented a slip showing that 700
gallons went to Goodwin Road, but it did not show
where the balance of the load went. Mr. Gay asked if
any time sheets were kept and Mr. Weisinger replied that
all the time is turned in daily to Mr. Harrington. The
Chairman asked what was ordered for October 18th. Mr.
Weisinger said that the trucks started out at 7:20 from
the Public Works Building for the Mass. Broken Stone Co.
The Chairman asked how many tons of peastone were used
and 1iir. DeFoe replied that they used 33.3 The Chair-
man asked how many hours were charged for this and
Mr. DeFoe said that they charged seven hours for five
trucks, and seven hours for the drivers. The Chairman
asked how heavy he applied it and Mr. Weisinger replied
one-third of a gallon. The Chairman said that they
must have had a width of thirteen feet and Mr. DeFoe
said it was slightly over thirteen, up to something
more, and they took it in 50 foot lengths. Mr.
Driscoll said that as he understood it, on Saturday
they left the garage at 7:20 and he inquired as to
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what time Mass. Broken Stone opens for business..
The Chairman asked how many gallons were shown
on the slip and Mr. DeFoe replied that the net on
this was 11,180. The Chairman asked what was done
with the rest and Mr. Weisinger said it was picked
up at Gleason Road and went up to just this side of
Braemore. The Chairman asked what the application
was and Mr. Weisinger said one-third of a gallon.
The Chairman asked how many hours the roller
was on the job. Mr. DeFoe said two hours for the
roller and two hours for the operator. Mr. Weisinger
stated that the operator on the roller did not go to
Goodwin Road until the application was put on North
Hancock Street. He took his truck in and rolled
down to Goodwin Road, rolled it and then came up
to North Hancock Street and rolled that. Mr. Locke
asked if there was any time on the spreader and Mr.
DeFoe replied that they charged one hour for the
spreader. Mr. Emery asked if Mr. Lynch discussed with
Mr. Weisinger *hathe wanted done and Mr. Weisinger
replied in the negative and stated that Mr. Lynch
only told him that he wanted tt fixed up. He told
Mr. Lynch he would have to see the Town about the
machinery. He said he also told Mr. Lynch that
he would have to receive his instructions from Mr.
DeFoe. Mr. Gay asked if Mr. Lynch inquired as to
how it should be done and Mr. Weisinger replied in
the negative. Mr. Gay asked if Mr. Lynch had
asked any other men. Mr. Weisinger replied in the
negative and said that he does not think any of his
crew know lir. Lynch. Yr. Weisinger and Mr. DeFoe
retired at 8:50 P.M., and the following members of
the Board of Assessors met with the Selectmen.
Chairman Steeves, Messrs. Emery, Burnham and
Shanahan. The Chairman stated that the Selectmen
wanted to try and keep the Town Committees together
and the Board is interested in knowing the attitude
of the Assessors relative to the suggestion of the
Taxpayer's Association that a revaluation_ of. the
Town be made. Mr. Steeves said that he has been in
favor of having it done but he and Mr. Shanahan went
down to Saugus, where a revaluation had been made,
Mr. Weisinger replied that they open at seven
o'clock.
76
and there are still inequalties. Mr. Shanahan stated
that the Assessors have suggested to the Selectmen
that an outside appraiser come in. A general dis'
cussion was held on the subject and the Chairman asked
the Board if they felt the Assessors should interview
concerns and obtain whatever information possible. Mr.
Driscoll said that he was in favor of the suggestion.
Mr. Shanahan said that he disagreed because he thought
the Assessors would then be admitting that they were
not doing a good job. Mr. Driscoll said he thought
there should be an answer to the Taxpayer's Association.
The Chairman suggested that the Assessors try to get
a representative from J. F. Cleminshaw to discuss this
matter. Mr. Locke said that he would like to hear
from someone else because he thought there would be
no question but that there would be an article in the
warrant and he thought the Boards could talk to Clem-
inshaw jointivif they have first discussed the matter
with someone else. Mr. Steeves said that he would arrange
to make an appointment with the Board of Assessors of
Saugus and obtain more information•
The Chairman suggested that after the meeting with the
Assessors of Saugus Mr. Steeves contact some other firm
and med.e an appointment for them to come in and have a
joint meeting with the Board of Selectmen. The Board of
Assessors and Mr. Gay retired at 9:25 p.m.
Mr. DeFoe returned to the meeting. He informed the
Board that the inspector on the water mains will be
leaving in three days and he has cost the town less
than five cents a foot. Mr. DeFoe said he thought it
would be wise to employ another inspector to finish
out the Lowell Street job. The present inspector re-
ceived $32.00 a week and he has been there for ten
weeks. He said that he thought he could recommend
Charles Moore for the Woburn Street job but it is
moving too fast. Mr. Emery asked if the idea of the
inspector was to catch carelessness or to get inten-
tional non -following of the contract and Mr. DeFoe
replied that it was for both. He said that if he
employed a third year man he would have to pay him
more than a second year man. Mr. Driscoll moved that
the 8up't. of Public Works be authorized to employ
an inspector at the rate of $32.00 a week. Mr. Locke,
seconded the motion and it was so voted.
Mr. DeFoe said that when the Army Recruiting
Office was transferred to the second floor of the
Barnes property he did not realize that they would
require heat. He said that he could supply them
with heat for the room they are using and cut out
the other rooms by disconnecting a pipe and this
would bost between $25 and $30. The Chairman
asked how the Board felt about it and Mr. Emery
asked if Mr. DeFoe had received a request to supply
heat. He said they did not put it in writing.
The Chairman asked if the Board was of the opinion
that the Town should supply them with heat this
winter in the most economical way. Mr. Driscoll
moved that the Sup't. of public Works be author-
ized to heat the room now being used by the U. S.
Army Recruiting Service in the most economical way.
Mr. Emery seconded the motion, and it was so voted.
The Clerk was instructed to write to the Army and
to advise them that the Town of Lexington will supply
heat for the 1947-48 season, but it must be definitely
understood that the Board is not committing the Town
to the use of the Building beyond March, 1948.
Mr. DeFoe again presented a sketch of the drainage
of a brook in connection with the enclosed field. He
said that Mr.. Jackson and the Christain Sicence Church
is receptive to any change in the brook but he has not
been able to get any answer from Mrs. Currier or from
Mrs. Morrow who is sick. He said that !Ir. Lynch told
him if we made any taking it should go through Town
Meeting on account of damages that might be involved.
He explained that the enclosed field is graded and
he thought the culvert should be put in Muzzey Street.
Mr. Emery asked what brought this up and Mr. DeFoe •
said that he has money in his account to lower the
culvert and it is coming to the time when he can do
it. Mr. Emery suggested that the proposal be outlined
to Metcalf and Eddy and that they also be advised about
the proposed high school and ask their opinion on the
matter. Mr. Emery suggested that the Chairman contact
Mr. Raymond of Metcalf and Eddy. Mr. Locke said that
he thought that would be a good idea and that any action
on the matter be deferred for this winter.
77;
Heat for
Army Re-
gruiting
Office
Drainage
Culvert
at
enclosed.
field
78
Parking
Meters
Request for
water on
Bowman St.
Snow
removal
on Route
2 A and
Mass. Avenue
Approve
sale of
tires.
Mr. DeFoe requested the Board to consider the in-
stallation of parking meters in Lexington. He said
that the company will make a survey of the town and
present their plans for installing the meters. They are
installed free and then the town pays back either
75% or 50% of the monthly profits. If at any time
the town decided not to keep them, they will take
them out and restore the sidewalk to the Townts satis-
faction without any charge. Mr. Locke stated that
Town Meeting should act on this. The Clerk was instructed
to write the Planning Board and ask them for their
opinion on parking meters.
The Chairman read a letter from Kenneth R. Kelley,
8 Russell Street, Cambridge, inquiring as to when the
installation of water will be made on Bowman Street.
The Clerk was instructed to inform Mr. Kelley that it
is expected funds for this work will be included in
the 1948 budget to be submitted to the Town Meeting
in March. If the money is appropriated water may be
installed in Bowman Street sometime in the year 1948.
The Chairman read a letter from the State Depart-
ment of Public Works relative to snow removal on Route
2A, known as the "Town Gap". He explained to the Board
this is the area from Maple Street to Marrett load.
In 1947 an arrangement was made whereby the State
plowed the entire length of Maple Street and the Town
of Lexington took care of Massachusetts Avenue. Mr.
Locke moved that the same arrangement be made in 1948.
Mr. Driscoll seconded the motion, and it was so voted.
Mr. DeFoe
offered $75.00
moved that the
offer. Mr. Dri
so voted. Mr.
informed the Board that he has been
for tires from the autocar. Mr. Locke
Supt. be authorized to accept the
scoll seconded the motion, and it was
DeFoe retired at 10:45 P.M.
The Chairman read a letter from the Hancock
P. T. A. stating that the group was very much con-
cerned for the safety of children in the Hancock School
who are obliged to cross the intersection at Mass.
Avenue and Clarke Street. The Association feels that
the traffic lights should be restored.
ZIA
1
The Chairman suggested that the Department
of Public Works be requested to make an investiga-
tion of this location and to ,give the Board an
expression of their opinion not based on a com-
plete renovation of the system, but the operation
of the present system.
The Chairman read a letter from Mr. Grindle
stating that pending official approval of the Board,
the Lexington School Committee has awarded the con-
tract for furnishing and installing the fence to
be erected between the Russell property and the
High School property. The Clerk was instructed to
advise Mr. Grihdle the Board of Selectmen approve
the action taken by the School Committee in award-
ing the contract.
The Chairman read a letter from Mr. Lynch
stating that he has received a report from his
conveyancer on the property of the Lexington
Estates Trust and it is now in order to complete
the instruments to carry out the agreement in
connection with land taken by eminent domain.
He asked if the Board would advise him when the
additional 132,362.50, voted at the Town Meeting,
will be available. The Clerk was instructed to
advise Mr. Lynch that it would be at least two or
three weeks before the money is available.
79
Hancock &
Clark Sts.
Traffic
Lights
Fence to be
erected at
High School
Contract
awarded.
Money for
Ryder pay-
ment
The Chairman read a letter from Mr. Lynch Options for
stating that the options given to the Town of School
Lexington by John H. Peterson and Eleen C. Peter- Property
pal gls e M. Burton, Jennie Porter, William E. Porter,
Wihiiam J. o °rreggrding the land for a new elementary
school, must be accepted by the Town within 60
days from September 24th. He asked the Board to
advise him if it is the intention of the Board
to accept the options. Mr. Emery suggested that
the Clerk write to Mr. Lynch and ask him whether or
not the titles have been investigated and if they
have and are in order the Board will vote to accept
the options on November 17th. A petition was rec-
eived from the Boston Edison Company for approval
of a pole location on Charles Street approximately Pole
10 feet northeast of Cary Street and the removal Location
of a pole at Charles Street at Cary Street.
Mr. Locke moved that the petition be granted, and
80
the order signed. Mr. Emery seconded the motion
and it was so voted.
The Clerk was instructed to inform Mr. Gordon
D. Richards, Chairman of the Building Committee, that
Bldg. Committee the Board of Selectmen is in agreement with the rec-
re Leland ommendations of this Committee that unfavorable action
and Jason be taken relative to the communication received by
them fro& Leland and Larsen dated October 15, 1947.
like Clerk was also instructed to inform Mr. Richards
that the Selectmen suggest that his committee so
advise the architects.
Captain
Richards
retirement
pension
app' d.
Use of Hall
Field & Garden
Use of Hall
Min. Man
Crafts Soc.
Transfer
A notation was received from Dr. Fulton R.
Johnston, Chairman of the Medical Panel that examined
Charles Richards, stating that Mr. Richards had
organic heart disease previous to his being over-
come by smoke and fumes, but the panel feels that
his total disability was precipitated by his accident
and that it was incurred in the line of active duty.
Mr. Emery moved that the Board of Selectmen approve
the application of former Captain Richards for retire-
ment under Section 85E, Chapter 32, of the General
Laws on the basis of two-thirds of the annual com-
pensation received by him while holding the rating
held by him at the time of his retirement, retro-
active to October 7, 1946, the date the Act was
accepted by the Town of Lexington.
An application was received from the Lexington
Field & Garden Club for permission to use Estabrook
Hall on March 2, 1948, and May 17, 1948, meetings.
Mr. Emery moved that the uses of the hall be granted
free of charge. Mr. Locke seconded the motion, and
it was so voted.
The Clerk informed the Board that the Minute -
Man Crafts Society would like permission to use
Cary Hall the Sunday afternoon and evening previous
to their exhibit and also the Sunday following the
exhibit. Mr. Emery moved that the request be grant-
ed gree of charge. Mr. Locke seconded the motion,
and it was so voted.
The Clerk informed the Board that it would be
necessary to obtain a transfer of $4.00 to pay for
the checkers who worked at the Special Town Meet-
ing in September. Mr. Emery moved that the
aho
1L
81
Appropriation Committee be requested to transfer
the; sum of ')4.0O» fr'.om the .Reserve Fund .to
Elections.--,-.Selectmen's_:.Account. Mr. Drisooll
seconded the motion, and it was so voted.
Upon motion o Mr. Locke, seconded by Mr. Water Orders
Emery, it was/ItieVign water orders for Carl Road Gar9- .&
and Myrna Road in the following form: Myrha
Roads
ORDER OF TAKING
By the Town of Lexington of Easement
for the Construction of a Water Main
CARL ROAD
From North Street northeasterly and
distant approximately 430 feet.
WHEREAS, at a meeting duly called and held
on March 24, 1947, the Town Meeting of Lexington
pursuant to an aritice 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 authroized 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 3170,000 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 exceed-
ing 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
82
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 prov-
isions 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.
NM, 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 there-
to 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 Carl Road from North St. northeasterly and
distant ap roximately 430 feet as aforesaid, the
following easement, namely:
The right to enter upon the land shown as Car
Road on a plan entitled, "Plan of Proposed Water Mains
in Carl Rd. and Myrna Rd. Lexington, Mass. Scale 1 In. _
40 Ft. Nov. 6, 1947. John T. Cosgrove, Town Engineer",
and owned by Modern Home Building Trust, William E.
Selfridge, Trustee, and construct therein a line of
water main with all necessary connections, shut -stiffs,
and appurtenances substantially as shown on a plan
of John T. Cosgrove, Town Engineer, dated Nov. 6,
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 improve-
ment 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 im-
provement comprises the several lots shown upon
the plan of Sohn T. Cosgrove, Town Engineer, above
referred to, which are designated in the schedule
hereto annexed and made a part hereof.
We estimate the betterments that would be
assessed upon each said parcel of land to be as
shown in the said schedule.
We determine that no damages have been sus-
tained and none are awarded.
To have and to hold the said easement of the
Town of Lexington, its successors and assigns, to
its and their own use and behoof forever agreeable
to the provisions of the said Chapter 79 of the
General Laws and all pertinent acts in amendment
thereof or supplemental thereto.
IN WITNESS WHE 3E0F, the undersigned being a
majority of the Board of Selectmen of Lexington
aforesaid have hereunto subscribed our names
this 10th day of November, 1947.
/s/ Errol H. Locke
/s/
George W. Emery
/ s/
Frederick M. Gay
/s/
Willian H. Driscoll
83
Selectmen
of
Lexington
84
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. November 10, 1947
Then personally appeared the above named Errol H.
Locke, George W. Emery, Frederick M. Gay and William H.
Driscoll and severally acknowledged the foregoing in-
strument by them subscribed to be their free act and
deed and the free act and deed of the Board of Select-
men of the Town of Lexington, before me,
/s/ Hazel J. Murray
Notary Public
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TD IN THE FOREGOING ORDER-
CARL
RDER
CARL ROAD
From North St. northeasterly
approximately 430 feet.
Owner as of Jan. 1, 1947 Lot No.
Modern Home Building Trust ) 8
William E. Selfridge, Trustees) 9
fl H 11
10
tt t. 11
23
tt
11
and distant
Assessment
$ 139
156
147
222
156
85
ORDER OF TAKING
By the Town of Lexington of Easement
fbr the Construction of a
Water Main
MYRNA ROAD
From Carl Road southeasterly and distant
approximately 590 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 are author-
ized to installed 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 prov-
isions 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 prov-
isions of General Laws Chapter 44, within a period not
exceeding twenty-five years.
86
AND WHEREAS, the right of wary and easement herein-
after described and taken are necessary for the establish-
ment and maintenance of thesaid water main.
NOW, THEREFOR', 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 Myrna
Road from Car Rd. southeasterly and distant approximately
590 feet as aforesaid, the following easement, namely:
The right to enter upon the land shown as Myrna
Road on a plan entitled,"Plan of Proposed Water Mains
in Carl Rd. and Myrna Rd. Lexington, Mass. Scale 1 in.
40 Ft. Nov. 6, 1947. John T. Cosgrove, Town Engineer",
and owned by Modern Home Building Trust,'William E.
Selfridge, Trustee, and construct therein a line of
water main with all necessary connections, shut -offs,
and apprutenances substantially as shown on a plan of
John T. Cosgrove, Town Engineer, dated November 6, 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 em-
braced within the said way as may be reasonably necessary
for the purpose of initially constructing, and there-
after 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 rec-
eive 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.
87
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 pro-
visions of the said Chapter 79 of the General Laws
and all pertinent acts in amendment thereof or supplem-
ental thereto.
IN WITNESS WHEREOF the undersigned being a ma jer-
&Pity of the Board of Selectmen of Lexington afore-
said have hereunto subscribed our names this 10th
day of November, 1947.
/s/ Errol H. Locke
Selectmen
/s/ Frederick M. Gay
of
/s/ William H. Driscoll
Lexington
/s/ Georp:e 5,. Emery
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. November 10, 1947
Then personally appeared the above named Errol H.
Locke, George W.__Emery, Frederick M. Gay and William
H. Driscoll and severally acknowledged the foregoing
instrument by them subscribed to be their free act and
deed and the free act and deed of the Board of Select-
men of the Town of Lexington, before me,
/s/ Hazel J. Murray
Notary Public.
88
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
MYRNA ROAD
Owner as of Jan. 1, 1947
Modern Home Building Trust
William E. Selfridge,
Tru stee
n
H
9
9
n
n
9
n
n
n
Lot No. Assessment
12
13
14
15
16
17
19
20
21
22
125.
125
125
125
188
125
125
125
125
125
The Clerk asked the Board how many copies of
the 1947 Town Report were to be printed and it was
the opinion that bids should be obtained for
.1,000 and 2,000 copies.
The Chairman read a letter from John J.
Shaughnessy with reference to moving the old fire
station at 5 Merriam Street to the proposed location
at Hayes Lane. The movers propose to move the upper
story that has a brick foundation on a low bed trailer.
The letter stated that they would be on the road not
over two hours and that a bond could be furnished to
cover damage to wires and trees if necessary. The
Company carries Workmen's Compensation insurance and
public liability insurance to the limits of $$20,000
for each person and $40,000 for each adcident; also
property damage insurance to the limits of $1,000 for
each accident and $10,000 aggregate. Mr. Locke
reminded the Board that the building could not be
moved until after a Board of Appeals hearing.
The Chairman said the offer to purchase could be
approved subject to the Board of Appeals hearing.
1
It was decided to hold a special meeting of
the Board of Selectmen on Tuesday evening, Nov-
ember 18th, at 7:30 P.M., for the purpose of
interviewing applicants for the position of
Director of Veteran's Benefits and Veteran's
Services.
Special
Meeting
89
The Chairman informed the Board that Alan
Adams had requested hire to write a letter on be-
half of the Board of Selectmen endorsing the pro-
posed Route 128. Mr. Emery moved that Mr. Adams'
request be granted. Mr Locke seconded the motion, Route 128
and it was so voted.
The meeting adjourned at 11:50 P.M.
A true record, Attest:
e , lectmen.