HomeMy WebLinkAbout1947-12-08 136
SELECTMEN'S MEETING
December 8, 1947
A regular meeting of the Board of Selectmen
was held in the Selectmen' s Room on Monday evening,
December 8 , 1947 , at 7 ;30 P.M. There were present:
Messrs. Locke, Emery , Gay and Driscoll. Mr Locke
acting in capacity of Chairman.
Mr. James V. MacDonald of the Boston Edison
Company and Mr. Lynch, Town Counsel, met with the
Board relative to the Edison request for an ease-
ment over Butterfield ' s Pond. The Chairman said
that the Board was particularly interested in seeing
a plan of the entire layout. Mr McDonald presented
a map compiled from aerial photogrpphs, recorded
plans, deed descriptions and other data showing a
proposed (1943 ) location of the circumferential high-
way and the relative location of certain parcels
of land in Woburn, Burlington, Lexington and Wal-
tham Mr. Locke asked if the Town Meeting would
grant the easement and Yr. Lynch replied in the
affirmative. The Chairman asked what the partic-
ular
situation was at Butterfield' s Pond that makes
this special . Mr. McDonald replied that when the
Town of Lexington took title to it from Burlington
it was understood that any future use of it would
require a vote of Town Meeting. Mr. Lynch asked
what the town took this property for and the Chair-
man said that he did not know Mr. Lynch asked
how long ago the town acquired this property and
Mr. McDonald replied that it was February , 1939.
Mr. Lynch asked if this were the only section through
Lexington that would require any action by a town
meeting Mr. McDonald replied in the affirmative
and explained that his attendance here is to acq-
uaint the Board with the necessity of it Mr. Emery
asked if the Boston Edison Co. is proceeding on the
assumption that the project will be approved by the
town meeting and are acquiring options and land .
Mr McDonald replied in the affirmative. Mr . Emery
asked if the Boston Edison Company is taking land
and Mr. LcDonald said that it is. Mr. Emery asked
if the town did not grant the taking, would the
Edison Company have an alternate route and if so,
what is the route. Mr. McDonald said that there
would be an alternate route but there is no ten-
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tative plan at this date . Mr Emery asked if
any part of this route ( even though the Selectmen
have no control) is subject to amicable negotiations
by the Board of Selectmen and the Edison Company.
Mr. McDonald said that the Edison Company would
certainly expect to hear from the Board if there
are any suggestions. Mr. Emery said that part of
the route on the map near the junction of Wood
Street and Massachusetts Avenue, is through good
land and some of the route is through wooded land.
He said he was wondering if in this instance,
or in some other instance, the Board of Selectmen Mr
would be able to discuss it with the Boston Edison McDonald
Co„ if they have already secured options. Mr. re easem't
McDonald said that the company has already secured at Butter-
about 700 of the options but they certainly want field' s
to work with the town because it is of mutual Pons
interest . He said the company would want to know
if the Board has any recommendations and would
like to have them in detail as soon as possible.
Mr. Emery asked what would be the proper approach
and Mr. McDonald replied that the Board should
write a letter of recommendation Mr. Emery asked
if a representative of the Boston Edison Company
would come to Lexington on Saturday or Sunday
morning and ride over this area . Mr. McDonald rep-
lied in the affirmative Mr Emery said that he
would like to do this , otherwise, the Board would
be recommending to Town Ieeting something about
which it was not too familiar Mr. Emery asked if
Mr. McDonald was familiar with why this route
follows the line it does. Mr . McDonald replied
that it is the sincere and honest attempt of the
Boston Edison Company to keep it awag from all
communities. Mr. McDonald said that it is not
too conspicuous but there is a lot to the routing
from an engineering point of view from community
interest and land taking. The Chairman asked if
there we 'e any further ouestions Er. Driscoll
said that he had no particular questions but he
would like to go over the area . Mr. Gay asked
if the crossings were to be overhead . Mr. Mc-
Donald replied in the affirmative. He explained
that on an overhead voltage line it is feasible
to go from a pot head on one side to a pot head
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aw
f..41
on the other side. Mr. Gay asked how far a
distance from each side of the road the poles
would have to be placed. Mr. McDonald said
that there would be at least 100 feet. He said
that an attempt will be made to shrub the
street side near the crossings so that it will
not be too conspicuous. Mr. Emery asked Mr.
Lynch if he had any opinion, one way or the
other, considering the conditions under which
Lexington secured Butterfield' s Pond, and if it
would be within the legal spread of the town
of Lexington to grant such a request. Mr. Lynch
said, that it would need a vote of the town.
Mr. Emery said he thought it would be an ethical
thing to do to find out how the Town of Burling-
ton feels about this. Mr. Lynch said that the
Board should find out why the Town of Lexington
acquired Butterfield ' s Pond and upon what terms .
He said if the Town of Lexington acquired it
free they could not give it away without at
least discussing it with the Town of Burlington.
Ir. McDonald explained that there is to be no
structure in the pond and that this request is
for aerial crossings only It was decided to
have the Board of Selectmen meet Mr. McDonald
at the Town Office Building on Sunday morning
at 10 30 A.M. Mr. McDonald retired at 7 55
P M. and. Mr DeFoe met with the Board.
The Chairman read a letter from Mr. DeFoe
requesting permission to employ an additional
clerk at a salary not to exceed 133 .00 per
week. Funds are available in the budget for
this year. Mr. DeFoe explained that the work
is so far behinu in tis office the clerk nes
not had time to type some of his budgets.
The Chairman explained that this '. es not a new
question and that there nas been a shortage of
help in that department for several years.
Mr. Gay asked if the new girl would be employed
on a temporary or a permanent basis and Mr.
DeFoe said that it would be permanent. He
explained that Mis Corcoran, who formerly
worked in the Department , is available and the
reports he received appear to be favorable .
He explained that two of hi: girls are now
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receiving ', 31.00 a weep. and one girl receives
33 • Mr. Emery asked if Er . DeFoe had money
in his account for his clerk for a whole year.
Mr. Defoe explained that last year the sum of
P3 ,600 was ap;ropriated for an Ass 't Superintend-
ent and a f,irl in that office. He said that he
had no prospects in sight for either one. In
March the Ass ' t. Superintendent was employed,
but no additional girl. He said that he has
much ..ore money than he needs for the balance
of the year. He explained that he felt he
should start her off for what the two girls were
getting, that is, 031 .00 a week, with the privilege
of giving her ';33 .00 a week because she is an ex-
perienced pirl. Mr. Gay moved that Lr. DeFoe be
authorized to employ an additional tirl . The
motion, however, was not seconded. Mr. Emery
said he would like to discus the matter. Mr.
Emery said that if the Public Works Department
needs more personnel than it has now it should
be at proved by the Appropriation Committee He
said that he would like to know more about it
before voting in f vnr of yn ointinn another
,irl as a permanent employee. Mr. Emery said that he would
II he would vote to employ an additional girl on a temporary basin
and said that he thought Mr. Defoe should .bave discovered this
before now, that be needed this clerk. Mr. Defoe replied that he did not know
he needed any extra help and he has interviewed several appli-
cants but none of them seemed to be satisfactory Vote to
He said he would have employed a girl last April employ
if he had been able to locate one. idr. Emery Clerk in
asked the ..hairiaan if it was his op:.nion that the P. W.
Board has recognized the need for another girl Dep 't .
in that office. Pair Locke replied in the affir-
mative 1r. Driscoll said that he would second
Mr. Gay' s motion that idr. DeFoe be authorized
to employ Miss Corcoran at a salary of X31.00
a week, with the privilege of raising the rate
to 033 .00. Mr. DeFoe retired at 8 15 P.M.
Mr. Nylander, an architect and I••rs. Morey ,
Mr. Thomas and Mr. Wadsworth, of the School Comm-
ittee met with the Board. Lr. Nylander said
that he was representing Mr. Baskin, who was ill,
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and presented a working plan of the location
of the proposed elementary school, showing
the properties taken by the town. Mr. Nylander
explained that Mr. Baskin would like to purchase
Request of a strip 30 feet wide for the depth of his present
Baskin to lot to give him a little more clearance to his
purchase building.
strip of
landon
Mr. Lynch Adams Street explained that the article in the
Warrant had some flexibility to it but the Town
cannot purchase the land less the strip Baskin
wants without going back to Town Meeting. He
said that the town has an option to buy it and
expects to pass papers this week. Mr Lynch
said there is nothing the Board can do about it
and if Baskin wants to purchase a piece of land
the Board can go before Town Meeting and ask
1 for the power to sell to Baskin so much land
for so much money. He said the same applies to
j the piece on Colony Road which Baskin would like
to purchase. Is. Lynch said that he is ready
to go ahead and pass papers as soon as Dir,
Nylander completes the plan and if it is ready
by Wednesday the deeds can be drafted. Mr. IIThomas explained that the School Committee
would not be in favor of changing the line on
Adams Street inasmuch as Town Meeting was told
that they wanted the entire piece. However,
they would have no objection to giving I..r.
Baskin a piece on Colony Road, provided Town
Leeting ap"roved. Mr. Lynch asked if it were
the definite understanding that Mr. Nylander
is to proceed with the original plan doing
nothing about two pieces that Mr. Baskin would
like to purchase and Mr. Locke replied in the
affirmative Mr. Nylander and the members of
the School Committee retired at 8 30 P.M.
Bow Street Mr Lynch informed the Board that he had
received a letter from the Boston & Maine Rail-
Crossing road regarding the installation of automatic
crossing protection at Bow Street. The Chief
Engineer of the Railroad stated that all of
the materials for the work have been received
and orders issued to proceed v,ith the installation
of the signal The Clerk was instructed to
forward a copy of this corw,runication to Mrs.
Cochrane.
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IIMrLynch said s ad he is ready to settle on
the Ryder property . He said that he has the deed
ready for the Board' s signatures and explained that
it is for the richt of way the Town is ,,ranting to
the Lexington Estutee Truet . IIe also presented
the Board with a plan ann eT,)lained that it would
be recorded with the de.;d. he informed the Board
that Mr. Ryder has seen the plan and it Meets Execute
with his ap )roval Mr a:rery asked if there was deed to
anything the liyders could do that would interfere Lexineton
with the Town' s right to cross back and forth. Estates
Mr. Lynch replied in the negative He explained Trust
that all the Ryders have is what they had in
1939 . Mr. Lynch also presented a plan of the
piece of property which the Town is acquiring and
explaired that there is an a& reement to be signed
by the Ryders, Trustees of Tufts College and the
Board of Selectmen. Upon motion of Mr Gay , seco-
nded by Mr. Emery , it was voted to execute a deed
to the Lexington Zstetes "_'rusts in accordance with
the vote of the Town Meeting held on September
29, 1947
The Chairman explained that Mr. DeFoe has Sewer
raised the question on the actual assessments Assess-
of ,he Manor Sewer. He eApleined that this ments
project will not be finiehed in 1947 and the discussed
cost cannot be determined until early in 1940,
or some other time He said that it is im-
p o sible now to assess these 1 eople under those
conditions Mr. Lynch explained that the assess-
ment is based on an ever ee co t of a five year
period , prior to the date of completion, and that
there is n.tninf the Board cep do about it.
The Chairman stated that the assessments cannot
be figured until the lob is completed Mr Lynch
said that nothi_n can oe d ,ne until the total
job is finished Ind he believed that this was
hrouLht out and veru clearl explained at Town
I. eeting .
Mr. Lynch retired _tnd i..r. Edward F Chapin, I.Toretti
Commander of the V F W. and Dr. Howard Foley Body in
of the ,.vets met with the 3oerd. Mr . Chapin State at
explained that the Moretti body will arrive in Cary &
Boston tomorrow and the funeral is to be from the Emerson
Sacred Heart Church in En t Lexi_n,- ton on Saturday Halls
142 UD
morning. He said he explained to the family
it would not be possible to have the body
lay in state in Cary Hall on Friday night
inasmuch as the hall has been en ,ged. The
Chairman said 'that he did not see how any change
could be mate as the Choral Society has arranged
for the music and soloists. Mr . Emery said
that there is a possibility of using Emerson
Hall. Lir. Chapin said he thought 4-hat would be
all right , especLally where the Moretti family
lived in East Lexington. Mr. Emer« said that he
thought it would be a very appropriate sub-
stitute for Cary Hall . Mr. Driscoll suggested
that Doctor Foley and Lir. Chapin see the family
now and su heFt that they use Estabrook Hall
The Chairman said that if the family would
accept the use of Emerson Hall the library
could be closed for that day. Doctor Foley
and Mr Chapin retired at S 50 P I° , and Mr.
John J . Garrity met with the Board
The Chairman stated that it has been
suggested that High School skating rink be
placed on the playground and that there has
been some discussion on this relative to other
sports. He said it has been su;-rested that the
boards be set up on the Lincoln Street end of
the play round and asked Mr. Garrity what the
conditions are as far as he sees them, Mr.
Garrity replied th,t the condition is no better
than it was at the High School. He said that
the filling put in at the playground was taken
from Waltham Street when it was excavated, and
they tried one year to divert water from Lincoln
Street down into the skating area but they were
never able to get anything worth while. He
said that if the skating rink is put on top of
the ground, re cardless of the location, it
should not beassumed that it will hold water
inside a board rink. He said this is entirely
a spraying process. Mr. Driscoll said he
thought something should be done for the
hockey team and the town should pay for it .
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Mr. Garrity agreed, but said he thought it should
be done right. He explained to the Board that this
question comes up every year and has been coming up
every year since 1920 . 1_r. Gay asked how it could
be done right and Mr. Garrity said that a place
should be selected for making a rink the same as
tney do in other towns , that it should be dug out
and some clay put in. Mr. Driscoll asked if right
now the High School was the best place and Mr.
Garrity replied that in his opinion it was the
best location. Mr. Garrity said that he has recomm-
ended that the hockey team use the board rink at the
reservoir when the ice is thick enow-,h, and when the
ice is thin, take off the board rink He said they
did this for two years but the boys thought the dis-
tance was too far. Mr. Garrity said that 3 , 500 is
being spent for three hockey rinks this year. Mr.
Emery asked what happened to the boards ind Mr.
Garrity said that the rink was made in 1934 and
they just deteriorated. Mr. Gay asked how long it
would take to build a rink and Mr. Garrity said he
would want a week. Mr. Gay asked how much it would
cost, and Mr. Garrity said he did not know. The
Chairman asked if there was any other practical
place to put the rink this year. Mr. Garrity said
that he personally would say the reservoir, first,
last and always . The Chairman asked what could be
settled this evening and Mr. Garrity said that he
thought first he should find out if Mr. Thomas, or
whoever made the complaint, would be satisfied with
the reservoir. He explained that the upper end of
the playground has three catch basins and the water
drains down to Vine Brook He said that they would
have to avoid those catch basins somehow, but he
did not know how it could be done . Mr. Driscoll
said he thought that the hockey rink should go
back to where it was last year and Mr. Emery agreed.
Mr. Garrity said that he believes the high school
is a good place for it and they should furnish
their own rink He said they also have control of
the water but he would be very glad to helpthem
with the boards. Mr. Driscoll suggested that Mr.
Garrity contact Tom Moon and Mr. Sherwood. Mr.
Gay suggested that the School Committee be written
a letter and advised that i,i Mr. Garrity ' s judg-
ment the location at the High School is the most
suitable and if they will agree to the use of this
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location for this year Mr. Garrity is willing to
give them every assistance and help in preparing
the rink and maintaining it
The Chairman read a letter from Lyman C.
Stewart stating that the two trees in front of
his property at 782 Massachusetts Avenue are
in very bad condition and should be removed.
Removal Mr. DeFoe had a sketch prepared showing the
of trees on location of these two trees and according to the
Mass. Avenue Engineering Department there is a 36" Maple 0 .8"
of which is in the street . There is also a
36" Maple with 0.01 in the street. Mr. Garrity
explained that one of the trees is on private
property and overhangs the sidewalk, and if the
town is going to remove one, both of them should
be taken down at the same time. Mr. Gay asked
what Mr. Garrity thought of the trees and he
said he did not think either one of them was any
good. Mr. Driscoll asked if they had lost
their landscaping value to the town and Mr. Garrity
replied in the affirmative. Mr. Gay moved that
the trees be posted for removal. Mr Emery said
that he would just as soon vote to take down one
tree but he preferred not to vote to take down
the tree that is not on town land. He then
moved that Mr. Garrity be authorized to post the
tree on town land for removal and that Mr. Stewart
be advised that according to the Town Engineer' s
records one of the trees is on private property,
and therefore may not be removed by the Town.
Mr Gay seconded the motion, and it was so voted.
Mr. Garrity retired at 9 .20 P.M
Sewer ex- The Chairman read a letter from -RRalph H.
tension Tucker , 100 Merriam Street. He said that he
re- understands the sewer system on Coolidge Avenue
questedat
100 Merriam now extends within 100 feet of Adams Street, and
Street it would be a comparatively simple matter to
continue the line up Merriam Street as far as
his house and that of Mr. Brackett next door.
Mr. Tucker explained that his difficulties are
the same as those which prevail in the many
party of North Lexingt'in and the condition
should be remedied at the earliest possible time .
The Clerk was instructed to obtain a report from
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Mr. DeFoe as to what steps must be taken to
extend the sewer to „eke c re of these two prop-
erties.
The Chairman read a letter from Albert A.
Ross informing the Board that he is contemplating Extension
further development of Battle Green Village of water
and requested that articles be inserted in the main
warrant for the annual Town Meeting in March, 1948, Battle
for the extension of 1,ater mains in six streets Green
which would involve approximately ? , 550 feet of Village
pipe. The Clerk was instructed to refer the
letter to the Sup't. of Public Works.
A petition was received from the Boston Edison
Co and the Y. E. Tel. & Tel. Co. for permission to Pole
remove and locate one pole on Trove Street, approx- Location
imately 90 ' southwesterly of Robinson Rd. Mr.
Emery moved that the petition be approved and the
order filed. Mr Driscoll seconded the motion, and
it was so voted.
A petition was received from the Boston Edison
' Co and the N. E. Tel. & Tel. Co. for permission to
remove one pole on Tucker Avenue a proximately 88 ' Pole
northwest of Baker ,,_venue, end locate one pole on Location
Tucker Avenue , approximately 85' northwest of Baker
Avenue. Mr. Driscoll moved that the petition be
approved and the order filed. Mr. Gay seconded the
motion, and it was so voted.
The Chairman read a letter from the Town Clerk Appear-
to which was attached a copy of a notification of ance in
appearance in the Superior Court, Cambridt e, the Court
first Monday in January , to answer a petition for Murphy-
assessment of damages by James J. Murphy and Bridget vs. Town
J. Murphy. The Clerk was instructed to refer this
to the Town Counsel and to bring the matter up
again at the next meetin&- .
The Chairman read a letter _ rom the Board of Complaint
Health complaining about the Lincoln Street dump. re Dug)
The Chairman of the Board of Health stated that
smoke coming from the dump fires is a nuisance
to the neighborhood and the dumping of spoiled
fruit and vegetables is ir violation of the Board
of Health regulations. The Clerk was instructed to
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P.14d
invite the Chairthan of the Board of Health to
Complaint meet with the Board of Selectmen and to bring
reDump in specific recommendations as to what they
-
want .
The Chairman read a letter from the Planning
Board relative to rarking meters . The letter
Parking stated that the Planning Board does not feel
Meters sufficiently well grounded on the subject to
offer definite recommendations and that they
definitelY agree that any decision should be
mace by Town Meeting.
Tax Title A letter was received from airs Walter
W. Webber , 1? Francis Strert, Woburn, offering
Property for lots 214217 on Freemont Street . The
Committee on Tax Title Property recommends the
sum of 1100 for these lots. Mr. Emery moved
that Mrs. Webber be advised that the Board of
Selectmen will entertainan offer of U00 . Mr.
Driscoll seconded the motion, and it was so
voted.
The Board gave further conslderation to
Tax Title Lndrew and Margaret Adamson' s offer of 150
Property each for lots 43 and 44 , Block 1, Garfield
Street . A proposal to sell these lots was
Sold advertised in the December 4th issue of the
Lexington Minute Man. No persons contacted
the Selectmen' s Office as the result of the
advertisement . Mr. Emery moved that the offer
be accepted and that lots 43 and 44, Block 1,
Garfield Street be sold and conveyed to Andrew
and Margaret Adamson Mr. Gay seconded the
motion, and it was so voted.
Dr. Howard Foley returned to the meeting.
Moretti He explained that the Moretti family would
body to like to have the body lav in state in Cary
lay in Hall on Wednesday afternoon and eveninp and
state in Emerson Hall all day Thursday and all day
Friday. Mr. Driscoll moved that the situation
be explained to the Library Trustees and that
they be asked to co-operate to the extent
of closing the East Lexington Library all day
Thursday and Friday . Mr. Gay seconded the
motion, and it was so voted.
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Mr. Alan Adams met with the Board at
10 25 F. M. and discussed briefly `,he tovn report to
be printed for 1947. He said the Selectmen would Recomm-
have to decide whether or not they want to go endation
into book face . If not, the specifications which re
the Clerk now has are all right. Adams sugges- Town
ted that the type of town report used prior to Report
1946 be used, but have it edited and possibly use
a few pictures. He su€, ested that a committee be
appointed for this work 'Ind recommended Mr. Edwin
B. Worthen, Jr. and Mr. Sheldon Loring. It was
decided to have Mr. Adams bring in some names of
individuals to serve on such a committee.
An application was received from the Minute Minute
Man Sportsmen Club for the use of Estabrook Hall Man
on December 9th for a meeting . Mr. Gay moved that SS ortsrnen
the use of the hall be granted subject to a charge Cebof
of t10. Mr. Emery seconded the motion, and it was Has1. l
so voted.
An ap lication was received from the Lexington Boosters
Booster' s Club for permission to conduct a sports
' night in Cary Hall on December 19th. Er. Driscoll Night
moved that the use of the hall be granted free of Sports
charge. Mr. Gay seconded the motion, and it was
so voted.
An application was received from the Cedar Cedar
Hill Association for permission to conduct a meet- Hill
ing in a conference roori or Estabrook. Hall on Ass n
January 6th. Mr. Emery moved that the use of use of
the hall be granted free of charge. L.T. Driscoll Hall
seconded the motion, End it was so voted.
An apilication was received from the Lexington
Girl Scouts for eere,ission to conduct a dinner tarty
in Cary Hall on February 25th. Er. Driscoll moved
the use of the hall be granted subject to a charge
of V5. Mr. Emery seconded the motion, and it was
so voted.
An ao ,lication was received from Herbert N. Senior
Goddard for permission to conduct the senior dance Dance
in Cary Hall on December 30th. 1,,r. Emery moved that Cary
the use of the hall be granted subject to a charge Hall
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of
?35. Mr. Driscoll seconded the Option, and it
was so voted.
Upon motion of Mr. Gay, seconded by hr. Emery,
it was voted to sign Mr. William Vianots Sunday
Movie License
Upon motion of Mr. Gay , seconded by Mr.
Driscoll, it was voted to sign the water order
for Fairview Avenue in the following form
ORDER OF TAKING
By the Town of Lexington of Easement
for the Construction of a Water
Ma in
FAIRVIEW AVEEUE
From the present end at Hayward
Avenue southwesterly and distant
approximately 70 feet
vrnE'ZEAS, at a meeting duly called and held on
March 24, 1947, the Town Meeting of Lexington pur-
suant 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 1b" 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 X170 ,000 which said sum shall be raised
by the issue of bohds 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
X170,000 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.
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149
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 easements necess ry therefor anu to approp-
riate therefor the sun. 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 sun of X100,000 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 ',HERBAL' , the right of way and easement
hereinafter described anc taken are necessary
for the establishment and maintenance of the
said water main
IINO', Tf 3EFORE, the Board of Selectmen of the
Town of Lexington actin&_ as a Board of Water and
Sewer Coriiissioners, 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 im-
provement for the purpose of constructinf- and main-
taining a water main in Fairview Avenue from the
present end at Hawyard Avenue southwesterly and
distant approximately 70 feet as aforesaid, the
following easement, namely
The right to enter upon the land shorn as
Fairview Avenue on a Plan entitled, "Plan of Pro-
')osed "Tater rain in Fairveiw .venue, Lexington,
Mass. Scale 1 In = 20Ft. Nov. 25, 1947. John T.
Cosgrove, Town Engineer, " and owned by Geor-'e W.
Breslin, James , . Barnes, and const uct therein
a line of water main with all necessary connect-
ions, shut-offs, and appurtenances substantially
as shown on a plan of Joan T Cosgrove , Town Eng-
ineer dated November 25 , 1947 , to be recorded
herewith The easement covered by this taking
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Cad
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 re sonable neceesare for the purpose
of initially constructine and thereafter main-
taining, oper tirg, inspecting, repairing and
replacing from time to time the said water main,
(the seid town being always bound to see that
the ground after the completion of the work in
eece case is cleared of all surplUs material
and surface left in as smooth end rood condition
as At tne time of entry . )
Betterments will be assessed for this im-
provement in accordance with the provisions df
Chapter 80 of the General Laws . The area which
it is expected will receive advantages other than
the 'eneral advantage to the community from such
ieprovement comprises the sevLral lots shown
upon the plan of John T. Cosgrove , Town Engineer,
above referred to , which are deal meted 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 es
sown in the said sceedule.
Te 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 agree-
eble to the provisions of said Chapter 79 of the
General Laws and all pertinent acts in amendment
thereof or supplemental thereto,
WITNEL;S ',71IE1ZECF the undersigned beinF a
maiority of the Board of Selectmen of Lexington
aforesaid have hereunto subscribed our names
this 8th day of December , 1947.
/s/ Frederick 1 . Gay Select-
men
/s/ Errol H. Locke of
Lexing-
/s/ George ", Emery ton •
/s/ itliai1 H. Driscoll
151
' COLLONWEALTH CF MASSACHUSETTS
Liddlesex, ss. December 8, 1947
Then personally appeared the above named
William H. Driscoll, Errol H. Locke, George W.
Emery and Frederick M Gay and severally ack-
nowledged the foregoing instrument by them sub-
scribed 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. lurray
Notary Public
SCHEDULE OF ESTILATED BE'TERMENTS
REFERRED TO IN THE FOREGOING ORDER
' r AI RVI " AVENUE
From the present end at Hayward Avenue
southwesterly and distant approximately
70 feet
Owner as of Jan. 1 , 1947 Lot No. Assessment
George W. Breslin 169 A 87. 50
James A. Barnes 183 87. 50
The Chairman read a letter from the Chief of Report
police reporting that on December 3 , 1947, at 6:30 of Police
P.M. , Maienza' s Clothing Store on Waltham Street Dep' t.
was broken into and approximately 14, 500 worth of of
clothing stolen. Robbery
Upon motion of Mr. Driscoll , seconded by
Mr. Emery, it was voted to continue the policy
of allowing the clerks in the Town Office Building
to take a day off for Christmas shopping .
The meeting adjourned at 11 15 P.M.
�� lectmen.