HomeMy WebLinkAbout1947-12-08136
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SELECTMEN'S METING
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, niet 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 photographs, 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. McDonald 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-
Pag
Clo
1
L
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
would be able to discuss it with the Boston Edison
Co„ if they have already secured options. Mr.
McDonald said that the company has already secured
about 70% of the options but they certainly want
to work with the town because it is of mutual
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 cf 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 Meeting 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 away 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 wee any further questions. Mr. 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-
Dorrald 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
137.
Mr.
McDonald
re easem't
at Butter -
field's
Pons
138
alw
1
on the other side. Mr. Gay asked how far a
distance from each side of the road the pbles
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. Tvir. Emery asked Mr.
Lynch if he had any opinion, one way or the
other, considering the conditibns 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 rive it away without at
least discussing it with the Town of Burlington.
Mr. 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.E. and Mr. DeFoe met with the Board.
The Chairman read a letter from Er. 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. Er. DeFoe explained that the work
is so far behind in his office the clerk has
not had time to type some of his budgets.
The Chairman explained that this was not a new
question and that there has 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 Miss Corcoran, who formerly
worked in the Department, is available and the
reports he received appear to be favorable.
He explained that two of his girls are now
139
receiving :;31.00 a week 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
03,600 was appropriated for an Ass't. Superintend-
ent and a girl 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 x;33.00 a week because she is an ex-
perienced girl. Mr. Gay moved that P.r. DeFoe be
authorized to employ an additional girl. The
motion, however, was not seconded. Mr. Emery
said he would like to discub-s the matter. Mr.
Emery said that if the Public Works Department
needs more personnel than it has now it should
be approved by the Appropriation Committee. He
said that he would like to know more about it
before voting in favor of an,ointi.re another
Girl as a permanent employee.. .Mr. niery'.said that he would .
he would vote to employ an additional girl on a temporary basis
and said t1at''he thought Mr. Defoe should:have discovered this
before now, that be needed his 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 haveemployed a girl last April employ
if he had been able to locate one. Lir. Emery Clerk in
asked the Chairman if it was his opinion that the P. W.
Board has recognized the need for another girl Dept.
in that office. Pair. Locke replied in the affir-
mative. kir. Driscoll. said that he would second
Pir. Gay's motion that iir. DeFoe be authorized
to employ Piss Corcoran at a salary of 031.00
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. Miorey,
Mr. Thomas and Mr. Wadsworth, of the School Comm-
ittee met with the Board. Lir. Nylander said
that he was representing Mr. Baskin, who was ill,
1.40
Request of
Baskin to
purchase
strip of
land on
Adams Street
Bow Street
Crossing
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
a -strip 30 feet wide for the depth of his present
lot to give him a little more clearance to his
building.
Mr. Lynch 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
for the power to sell to Baskin so much land
for so much money. He said the same applies to
the piece on Colony Road which Baskin would like
to purchase. Mr. Lynch said that he is ready'
to go ahead and pass papers as soon as Lir,
Nylander completes the plan and if it is ready
by Wednesday the deeds can be drafted. Lir.
Thomas 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
Meeting approved. 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 th e
affirmative. Mr. Nylander and the members of
the School Committee retired at 8:30 P.M.
Mr. Lynch informed the Board that he had
received a letter from the Boston & Maine Rail-
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 with the installation
of the signal. The Clerk was instructed to
forward a copy of this corw,runication to Mrs.
Cochrane.
1
Ir-. Lynch said 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 right of way the Town is granting to
the Lexington Estates Trust. Ile also presented
the Board with a plan and exnlained that it would
be recorded with the decd. he informed the Board
that Mr. Ryder has seen the plan and it meets
with his ap_)roval. Mr. Emery asked if there was
anything the :cyders could do that would interfere
with the Town's right to cross back and forth.
Lr. Lynch replied in the negative. He explained
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
explained that there is an agreement 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 Zstates Trusts in accordance with
the vote of the Town Meeting held on September
29, 1947.
The Chairman explained that Pair. DeFoe has
raised the question on the actual assessments
of the Manor Sewer. He explained that this
project will not be finished in 1947 and the
cost cannot be determined until early in 1948,
or some other time. He said that it is im-
p o:sible now to assess these people under those
conditions. i:r. Lynch explained that the assess-
ment is based on an average cost of a five year
period, prior to the date of completion, and that
there is nothing the Board can do about it.
The Chairman stated that the assessments cannot
be figured until the job is completed. Mr. Lynch
said that nothinf can be done until the total
job is finished and he believed that this was
hrought out and very clearly explained at Town
Meeting.
I.r. Lynch retired end i.ir. Edward F. Chapin,
Commander of the V. F. W. and Dr. Howard Foley
of the ,:vets riet with the 3oard. Mr. Chapin
explained that the Moretti body will arrive in
Boston tomorrow and the funeral is to be from the
Sacred Heart Church in East Lexi_n,=ton on Saturday
141.
Execute
deed to
Lexington
Estates
Trust
Sewer
Assess-
ments
discussed
Moretti
Body in
State at
Cary &
Emerson
Halls
142
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,;_y ged. The
Chairman said'`that he did not see how any change
could be mare as the Choral Society has arranged
for the music and soloists. Lr. Emery said
that there is a possibility of using Emerson
Hall. Mir. Chapin said he thought that would be
all right, especially where the Moretti family
lived in East Lexington. Mr. Emery said that he
thought it would be a very appropriate sub-
stitute for Cary Hall. Tar. Driscoll suggested
that Doctor Foley and I1r. Chapin see the family
now and sugest 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 Lir. Chapin retired at 8:50 P.:.:. , and Er.
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
beensomediscussion on this relative to other
sports. He said it has been suggested that the
boards be set up on the Lincoln Street end of
the playground and asked Mr. Garrity what the
conditions are as far as he sees therm, Mr.
Garrity replied that 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, regardless of the location, it
should not beaas:umed that it will hold water
inside a board rink. He said this is entirely
a spraying process. i•:Ir. Driscoll said he
thought something should be done for the
hockey tears and the town should pay for it.
1
143
L1r. 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. Mr. 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
they do in other towns; that it should be dug out
and some clay put in. lir. 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 enough, 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 and 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 Yr. 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 Wool,
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 help.; -them
with the boards. Iir. 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
144
Removal
of trees on
Mass. Avenue
Sewer ex-
tension re-
quested at
100 Merriam
Street
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.
Pyr. DeFoe had a sketch prepared showing the
location of these two trees and according to the
Engineering Department there is a 36" Maple 0.8"
of which is in the street. There is also a-
36" Maple with 0.0' 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. Pair. 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 pasted 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.
The Chairman read a letter from Ralph H.
Tucker, 100 Merriam Street. He said that he
understands the sewer system on Coolidge Avenue
now extends within 100 feet of Adams Street, and
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 Lexirtgtdn and the condition
should be remedied`at the earliest possible time.
The Clerk was instructed to obtain a report from
1
Mr. DeFoe as to what steps must be taken to
extend the sewer to take care of these two prop-
erties.
The Chairman read a letter from Albert A.
Ross informing the Board that he is contemplating
further development. of Battle Green Village
and requested that articles be inserted in the
warrant for the annual Town Meeting in march, 1948,
for the extension of Water mains in six streets
which would involve approximately 3,550 feet of
pipe. The Clerk was instructed to refer the
letter to the Sup't. of Public Works.
A petition was received frori the Boston Edison
Co. and the Y. E. Tel. & Tel. Co. for permission to
remove and locate one pole on Grove Street, approx-
imately 90' southwesterly of Robinson.Rd, sir.
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 aA)roximately 88'
northwest of Baker Avenue, and locate one pole on
Tucker Avenue, approximately 85' northwest of Baker
Avenue. Mr. Driscoll moved that the petition be
approved and the order filed. Lir. Gay seconded the
motion, and it was so voted.
The Chairman read a.letter from the Town Clerk
to which was attached a copy of a notification of
appearance in the Superior Court, Cambridc.e, the
first Monday in January, to answer a petition for
assessment of damages by James J. Murphy and Bridget
J. Murphy. The Clerk was instructed to refer this
to the Town Counsel and to bring the matter up
again at the next meeting.
The Chairman read a letter from the Board of
Health complaining about the Lincoln Street dump,
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 it violation of the Board
of Health regulations. The Clerk was instructed'to
145
Extension
of water
main
Battle
Green
Village
Pole
Locat ion
Pole
Location
Appear-
ance, in
Court
Murphy -
vs. Town
Complaint
re Dump
146
Complaint
re: Dump
Parking
Meters
Tax Title
Property
Tax.Title
Property
Sold
Moretti
body to
lay in
state
invite the Chairman of the Board, of Health to
meet with the Board of Selectmen and' to bring
in specific recommendations as to what they
want.
The Chairman read a letter from the Planning
Board relative to parking meters. The letter
stated that the Planning Board does not feel
sufficiently well grounded on the subject to
offer definite recommendations and that they
definitely agree that any decision should be
made by Town Meeting.
•
A letter was received from idrs. Walter
W. Webber, 18 Francis Street, Woburn, offering
50 for lots -214217 on Freemont Street. The
Committee on Tax Title Property recommends the
sum of 100 for these lots. Er. Emery moved
that Mrs. Webber be advised that the Board of
Selectmen will entertainan offer of �n",100. Mr.
Driscoll seconded the motion, and it was so
voted.
The Board rave further consideration to
Andrew and Margaret Adamson' s offer of 150
each for lots 43 and 44, Block 1, Garfield
Street. A proposal to sell these lots was
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. Every 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.
He explained that the Moretti family would
like to have the body lay in state in Cary
Hall on Wednesday afternoon and evening and
in Emerson Hall all day Thursday and all day
Friday. Yr. Driscoll moved that the situation
be explained to the Lib±ary 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.
1-74
1
Mr. Alan Adams met with the Board at
10:25 F•. M7. and discussed briefly the ton report to
be printed for 1947. He said the Selectmen would
have to decide whether or not they want to go
into book face. If not, the specifications which
the Clerk now has are all right. Mr. Adams sugges-
ted that the type of town report used prior to
1946 be used, but have it edited and possibly use
a few pictures. He suggested that a committee be
appointed for this work and 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
Man Sportsmen Club for the use of Estabrook Hall
on December 9th for a meeting. Mr. Gay moved that
the use of the hall be granted subject to a charge
of X10. Mr. Emery seconded the notion, and it was
so voted.
An ap:;lication was received from the Lexington
Booster's Club for permission to conduct a sports
night in Cary Hall on December 19th. Tyr. Driscoll
moved that the use of the hall be granted free of
charge. Mr. Day seconded the motion, and it was
so voted.
147
Recomm-
endation
re
Town
Report
Minute
Man
Sportsmenu
faflof
An application was received from the Cedar
Hill Association for permission to conduct a meet-
ing in a conference room or Estabrook Hall on
January 6th. Mr. Emery moved that the use of
the hall be granted free of charge. tr. Driscoll
seconded the motion, and it was so voted.
An application was received from the Lexington
Girl Scouts for permission to conduct a dinner tarty
in Cary Hall on February 25th. Mr. Driscoll moved
the use of the hall be granted subject to a charge
of X35. Mr. Emery seconded the motion, and it was
so voted.
An
Goddard
in Cary
the use
acolication was received from Herbert N.
for permission to conduct the senior dance
Hall on December 30th. Tyr. Emery moved that
of the hall be granted subject to a charge
Boosters
Sports
Night
Cedar
Hill
Ass+n
use of
Hall
Senior
Dance
Cary
Hall
148
of 35. Mr. Driscoll seconded the Ootion, and it
was so voted.
Upon motion of Mr. Gay, Seconded by Mr. Emery,
it was voted to sign' Mr. William Vianots Sunday
Movie License.
Upon motion of I,ir. 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
Main
FAIRVIEW AVENUE
From the present end at Hayward
Avenue southwesterly and distant
approximately 70 feet
WIIETEAS, 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 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 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 sura 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.
ong
CLA
1
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 necessary therefor and to approp-
riate therefor the suer 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 5100,000 and to
issue bonds or notes of the Town to be payable in
accordance with the provisions of General Laws,
Chapter 44, within a period not exceeding twenty-
five years."
AND WHEREAS, the right of way and easement
hereinafter described and taken are necessary
for the establishment and maintenance of the
said water main:
T:10TfrE3 AFORE, the Board of Selectmen of the
Town of Lexington acting as a Board of Water and
Sewer Conuissioners, for and in behalf of the said
town, by virtue of the authority conferred upon
thorn 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 constructing 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 sho\:n as
Fairview Avenue on a Plan entitled, "Plan of Fro-
)osed 'Tater Main in Fairveiw avenue, Lexington,
Mass. Scale 1 In. = 20Ft. Nov. 25, 1947. John T.
Cosgrove, Town Engineer," and owned by George W.
Breslin, Jaynes ,. Barnes, and construct therein
a line of water main with all necessary connect-
ions, shut -offs, and appurtenances substantially
as shown on a plan of John T. Cosgrove, Town Eng-
ineer dated November 25, 1947, to be recorded
herewith. The easement covered by this taking
150
includes the right on the part of the Selectmen
of the said town nr 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 reasonable necessary for the purpose
of initially constructing and thereafter main-
taining, operating, inspecting, repairing and
replacing:, from time to time the said tater main,
(the s^id 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'wi.11 be assessed for this im-
provement in accordance with the provisions c5f
Chapter 80 of the General Laws. The area which
it is expected will receive advantages other than
the general advantage to the community from such
improvement comprises the several lots shown
upon the plan of John T. Cosgrove, Town Engineer,
above referred. to, which 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 agree-
able to the provisions of said Chapter 79 of the
General Laws and all pertinent acts in amendment
thereof or supplemental thereto,
IN WITNESS ;SS 'Ji E'_tECF the undersigned being a
majority of the Board of Selectmen of Lexington
aforesaid have hereunto subscribed our names
this 8th day of December,. 1947.
/s/ Frederic: I. Gay Select-
men
/s/ Errol H. Locke of
Lexing-
/s/ George W. Emery ton
/s/
William H. Driscoll
Om al
Sad
1
COLI\_ONWEALTII OF MASSACHUSETTS
Middlesex, 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 Hoard of Selectmen
of the Town of Lexington, before me,
/s/ Hazel J. Murray
Notary Public
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
FAIRVIEW AVENUE
From the present end at Hayward Avenue
southwesterly and distant approximately
70 feet
Owner as of Jan. 1, 1947 Lot No.
George W. Breslin
James A. Barnes
Assessment
169 a 87.50
183 87.50
The Chairman read a letter from the Chief of
police reporting that on December
P.M., Maienza's Clothing Store on
was broken into and approximately
clothing stolen.
3, 1947, at 6:30
Waltham Street
14,500 worth of
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.
151
Report
of Police
Dep't.
of
Robbery