1939-06-26 - Laserfiche WebLink

Browse Search

354 r� any applicant for a license, but as far as the Board of Health went, the matter had no bearing on the health of the community. It was decided to hold the matter over until the'next meeting. Dog Mr. Rowse moved that Edward C. Maguire be appointed Officer. as Dog Officer to serve until May 1st, 1940. Mr. Sarano seconded the motion and it was so voted. Mr. Wrightington, Mr. Greeley, representing the Plan- ning Board, and the Building Inspector, appeared before the Board, to discuss the stripping of loam. The Chairman said that he had received a complaint on the matter this evening. Mr. Wrightington said he did not believe there was anything the Town could do, but the people in the neighborhood could bring a complaint that the noise of the shovels, for'instance, was disturbing their rest and perhaps we could get some action in that manner. Mr. Greeley asked if the Board of Health could stop the stripping on the grounds of a nuisance, and Mr. Wright- ington said he supposed that it could but he had never heard of such a case. Mr. Greeley said that the Planning Board had had two or three meetings to discuss the matter and they had turned over some suggestions to the Town Counsel: They also discussed the matter with the State Consultant on planning. However, they have no solution to the problem at the present time. He said that the Planning Board was un- animously in favor of taking the case to the Supreme Court ,Stripping for two reasons; (1) to know what attitude the Supreme of loam. Court has in cases.of this kind; and (2) as citizens, the Board feels that they should not let Cadario get away with it. Mr. Wrightington asked if the Planning Board would consider the adoption of another By-law and Mr. Greeley replied in the affirmative. He said that the Board had read the Winchester By-law and was convinced that that was the most promising line for Lexingtonto take. However, that By-law has not stood a legal test. Mr. Wrightington said that in Winchester and Wayland, the Board of Appeals would have to grant a permit before stripping was allowedt so they have".not had to face an attack on the validity of their by-law. The Chairman called Mr. Wrightingtonts attention to the fact that the stripping was being done on the north- easterly side of Lincoln Street. They are stripping the loam almost to gravel and if there is a heavy rain, un- doubtedly it will wash down onto the street. Ile asked if:the`Board could take any legal action on account of flooding. Mr. Wrightington said that both sides had agreed on the facts and that that was over. Cadario did not say just where lie was going to remove the loam but said that they were going to excavate down to sub -soil. There is no opportunity to introduce further eiri dence. The Chairman said that there was a Tcw n pipe line across