1927-06-07 - Laserfiche WebLink

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so. REGUT�AR utEETING, JUNE 71 19S7. C7 A regular meeting of the Board of Selectmen Eras held at the Selectmen's Office at 8:00 P.M. lessrs. Custance, Burnham, , Robertson, and Chamberlain were present. The Supt. of Public Works and the Clerk sere also present. The records were approved. Hearing was held at 8:30 P.M. on the application of Arthur Smith of Bedford Street for permission to have entertainment in connection with his Common Victuallers license. Mr. Smith came before the Board appearing for his petition. Mr. Warren A. Davis and his attorney, Daniel J. O'Connell, came before the Board in opposition to the application. Mr. O'Connell stated that as owner of the property in the uicinity of the roadside stand Mr. Davis wished to enter objection to the radio entertainment given by Mr. Smith. Mr. Davis is the owner of property for a distance of about 2400 feet, and he makes his home within a distance of 100 feet of this roadside stand. The place where the radio is located is less than 100 feet from his house. Mr. Davis objected to the noise at thisstand for some time and has found since this place has been in operation that he cannot sell his farm for any reasonable price when parties find that it is located opposite. 'Ur. Davis also owns 10 acres of land on the same side of the street that Mr. Smith is located upon., Mr. O'Connell stated that when this stand was first started it was started in a rr , very modest ay. Now it has grown and it is quite a spectacular feature. He felt that as soon as 'kir. Smith obtained this license, he might then request a permit for a dance hall and so introduce into the town a feature which the townspeople have been fighting against for years. He also felt that the class of people which visited the roadside stand and remained there until a late hour of the night listeningto the radio, were not of the caliber de- sired in thetown. He stated that Mr. Davis has paid a great deal more in taxes for a:number of years past than Mr. Smith has ever paid as the value of the buildings that he has on his premises do not amount to a great deal. He asked the Board if they did not believe this statement that this was a source of annoyance to visit the Davis property and listen to the entertainment which exists daily every week. He felt if they were in the same position, they could not help but being annoyed. Mr. O'Connell felt that if Mr. Ballard were present at the meeting he could perhaps inform the Board in regard to similar cases where business has become a nuisance and parties have been enjoined. He felt that Mr. Davis might be compelled to resort to placing an injunction on Ir. Smith's property. He cited the case of the Rosen Talking 14chine Company in Boston as an example of tia:hgt is done in cases of this kind. Lsr. Smith stated that he operated this radio last year on Sundays and week days as he did not know that a. license was re- quired for this purpose,,,,,hen he Was informed of this license, he then applied. He stated that when he was a.,,,ay from the stand this ' evening and at all other times when he was assay he had one of the local police officers present at his premises. Vihen asked why he needed e s:etvices of the police officer, he replied that he had