1938-02-23 - Laserfiche WebLink

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224 Waldron License. SELECT1W I S TVMT ING Feb. 23rd, 1938. A regular meeting of -the Board of'Selectmen was held in the'Selectments Room, Town Office Building; at 7:00 P.M. Messrs. Potter, Giroux -and Clark were present. The Clerk was also present. In the absence of Chairman Ferguson, Mr. Potter served as Chairman Pro -tem.' A petition signed by 96 residents was received. This petition protested against the granting of a Common Vic- tuallerts License for the operation'of a dining car at the junction of Depot Park and Mass. Avenue. Letter was received from the Town Counsel citing the case of the Liggett Drug Co. against the License Commissioners of North Adams. The license was rejected and there was a hearing before a single justice of the Supreme Court who made a findings of fact and the"description'of the testimony went before the full Court. Mr. Wrightington said that from the decision in this case, it would seem that a broad power to refuse Common Victualler's Licenses was vested in the Selectmen provided they acted in good faith and not capriciously. The Liggett case definitely decided that a belief that enough licenses had already been granted was a sufficient reason, but if an additional license were granted to somebody else, it would be obvious that that was not the real reason and it might be found that the assef°tion of such a reason was not put forward in good faith. A second letter was received from the Town Counsel stating that Roger': Greeley had questioned his interpretation of Article 10, Section 2 of the Building Law as applied to the application of Mr. Waldron for a permit for the erection of a lunch cart adjoining the Central Block, Mr. Wrightington said that he was not prepared to give a final opinion on:. -the matter without further study and as he was going out of Town for a week, the matter would have to be post -boned. Mr. Waldron appeared before the Board. He stated that he came as a result of his receiving the Board's letter refusing to grant him a Common Victuallers License. The Chairman`Pro-tem showed him'the petition which the Board had received. Mr. Clark informed Mr. Waldron that the impression he got was that the petitioners objected to the location of. the dining car. Mr. Waldron asked if the Board had any other location to suggest. He said he asked for that location because he thought he would get transient trade and because there would be a place to park. He asked what objection there would be if the diner were :ut on a site further down this wag. He said that James F. McCarthy had offered him his driveway beside the Aldrich Block. Mr. Potter said that off -hand he would think the latter site would be better. fl L LJ