1938-05-06 - Laserfiche WebLink

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1 1 1 should have known when they purchased the property and started the work that it was in violation of the law. The company cannot say that a refusal would be a hardship, as it caused it themselves. Even though they made mistake, they cannot claim a hardship. He said that the Board, would have to consider the legal aspect, and the protection which the abutters should have in the use of their own property. Mr. Glynn asked Kalesky if he felt that his clients ppo- bably would have redress through the courts if they did suffer through this. Kalesky replied in the negative. He said that one hundred years ago the Supreme Court handed down a decision that any person had the right to use his own land as he desired -- up to the sky, and down below the ground --(with the exception of any local'. ordinances) even though by driving wells he drew water from his neighbor's land, provided he did not do so mal- iciously. (Citation -Mary Greenleaf v. Nathaniel Francis -18 Pickering, Ch. 117). Mr. Glynn asked how much land Melansen had, and he replied that he owned about ten acres; Hurtado said he owned one house about five hundred feet from the wells; Defelice said that the house he lived in was about two hundred feet from the well. He owns about forty-five or fifty acres of land. Mr. Glynn asked Hurtado if he had had trouble with his well. Iie replied that he had Town water, but was afraid that his land would be effected by the drawing of the water. He said that a man who had had experience along these lines told him that his land would be dry in two years. Mr. Glynn asked Defelice what his fear was. His son stated that he had had trouble with his well lately, but did not know whether the driving of the wells caused it or not. The water is dirty and tastes badly. Mr. Linehan asked if Melansen's water had continued to be affected and he said that it had not, that the disturbance lasted only three days. Mr. Bowler said that a well nine feet or fifteen feet deep would not be approved by the State Board of Health anyway. He said his company did not want to injure anybody, and was ready to make good in the way of supplying wells, etc., within the bounds of reason. He said that the matter of water was of small moment, as it could be taken care of easily. Mr. Glynn asked Mr. Crocker if he had a log of the strata, and he said that he had. Mr. Glynn said that he thought the Board should be furnished with that log, and Mr. Crocker said he would be pleased to supply it. The Chairman said that the fact that one well was only ,eleven feet from the street line was bothersome; he wondered if borings were taken near that well which would indicate that the water was suitable in a nearby location far enough back from the street. Mr. Bowler said that they could not very well move the well, as it was a question of ten or fifteen thousand dollars. 145