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HomeMy WebLinkAbout1963-11-18-min 576 SELECTMEN'S MEETING November 18, 1963 A regular meeting of the Board of Selectmen was held in the Selectman's Room, Town Office Building, on Monday, November 18, 1963, at 7 :30 P.M. Chairman Cole, Messrs .Brown, Burnell, Cataldo and Sheldon were present. Mr. Legro, Town Counsel, Mr. Gray, Executive Assistant, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Executive Clerk, were also present Hearing was declared open upon application of MIT Lincoln Laboratory for permission to store 5,000 gallons of #2 fuel oil underground on premises located at 238 Fuel oil Wood Street. storage Mr. Arthur. T. Newell, representing the petitioner, was the only person present at the hearing. Notice of the hearing was mailed to the petitioner, owners of property deemed tobe affected as they appear on the most recent local tax list, and also advertised in the November 7, 1963 issue of the Lexington Minute-man. The application was approved by Chief Engineer Belcastro of the Fire Department . Upon motion duly made and seconded, it was voted to grant a license to MIT Lincoln Laboratory to maintain an urnbrground tank for the storage of 5,000 gallons of #2 fuel oil on premises located at 238 Wood Street . Mr. Newell said that when the Chief Engineer went up on his inspection, he also had a 1,000 gallon tank for transformer oil. He asked if there should be another application. The Chairman explained that inasmuch as this was not included on the application submitted to the Board, there should be a new application to cover this item. Mr. Newell retired. Mr. Legro went over the motions for the Town Meet- Motions ing to be held next Monday evening. Letter was received from Richard S. Townsend, 7 Nowers Road, urging the Board to recommend construction of Nowers Road in 1964. J It was agreed to advise Mr. Weleas.plethat the projectwould be included in the 1964 budget and considered when the budgets are being discussed. The Chairman read a letter from the League of Women Voters requesting permission to maintain a truck or station wagon in Lexington Center as well as the dump on Saturday 57 ror for the purpose of obtaining signatures on the current state-wide initiative Petition to curtail the powers of the Executive Council. Pe rmit The Board had no objection and voted approval, subject to approval of Chief Rycroft. Mr Gray referred to mechanization of the accounting system and reported that he had a survey made by Burroughs and requested the Board for a transfer of $800 to the Transfer Accounting Department Expenses budget. He explained this would cover the cost of the control band on the Burroughs ' machine, $306, and the balance of the funds will be needed for necessary supplies. He also explained that the money is needed now so the equipment can be pur- chased and ready to operate by January 1. Upon motion duly made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $800 from the Reserve Fund to the Accounting Depart- ment Expenses Account Mr. Gray reported that Mrs . Rich Tax Collector, had explained that she will need another $150 for overtime pay to do her posting and work left unfinished in con- nection with getting the 1963 tax bills out . Transfer Upon motion du y made and seconded, it was voted to request the Appropriation Committee to transfer the sum of $1,50 from the Reserve Fund to the Tax Collector 's Personal Services Account . Mr. Gray left the meeting at 7 :55 P.M. to meet with the AppropriatYin Committee in regard to transfers to the Accounting Department Expenses Account and the Collector 's Personal Services Account. Upon motion duly made and seconded, it was voted to approve the minutes of the Selectmen's Meeting held Minutes on November 13, 1963. Hearing was declared open upon written complaint of Richard D. Gilman, 17 Rumford Road, Lexington, against a dog owned by Murray Herscott, 12 Rumford Roau, Lexington. Mr. Richard Gilman, Mr. and Mrs. Murray Herscott, Mr. Joel Miller, 33 Young Street, Mr. Herbert Slade, 14 Rumford Road, and Officer Michael Shaughnessy were present. All persons wishing to give evidence stood, raised their right hands and swore that the evidence to be given in this case would be the truth, the whole truth and nothing but the truth. Officer Shaughnassy presented a letter, dated November 7, 1963, written by Mr. Herscott to Chief Rycroft. X78 C- The Chairman said it would appear to him that the , letter concerns further charges and asked if Officer Shaughnessy had investigated this . Officer Shaughnessy asked in regard to what , and the Chairman replied in regard to the complaints against Mr. Gilman's dog, Sporty, being a nuisance. Officer Shaughnessy explained that he had not made an investigation as this letter came from Mr. Herscott, and he was not requested by the Board to make an in- vestigation. Mr. Gilman said last spring, his wife and son, then three years of age, were in front of their home izhen this dog, Blaze, came after them. He said his wife was upset and told him about it and he advised her to forget it and stay away from the animal. Several weeks ago, his dog's leg was mauled add he had to take him to Dr Smith, where he had to stay for several days He said he did not report this Three weeks a;. o, his dog was on the top step and as he was stepping out of the house, the dog, Blaze, came onto the step after his dog. He said he tried to separate the animals and Blaze left, his dog was cut but not seriously He said at the time, the Children were playing football in his yard and with the children was Allen Herscott. After the attack on his dog, he told the child to take the dog home and then come back and play Then min utes later, the dog was still here. He said, Allen go home, that is all I said, Allen go home . A few minutes later, the father was at his door angry because he told his son to go home He said that was the end of the incident He said this is a dog that can be vicious and violent In the presence of the owner, he went after another dog, Porky, who re- quired extensive medical care He said he has seen the Herscott dog fighting with a Springer Spaniel on Laconia Street and the people in that area are upset. He said the Herscotts had told the Dog Officer that they were willing to pay Mr. Miller for the damage done to his dog. In his mind, one does not offer to pay damages for which he is not responsible, and he would take that as an ad- mission. They voluntarily agreed to restrain their animal . He said while the Dog Officer was in the area, the dog without the master or children came on his pro- perty and was looking for trouble again, and this was a week after the Herscotts agreed to restrain the dog. He said the dog was running loose again yesterday. He said the dog chases cars and in trying to avoid hitting him, a child could be hurt Mr. Miller said he could only give heresay infor- mation. ' 579 The Chairman explained that heresay informLtinn would not be admissible He said his dog was attacked but he was not present at the time . Mr. Herscott said when Officer Shaughnessy visited him Thesday morning at his home, he was shocked and sur- prised and a little embarrassed that this type of thing could take place between neighbors He said Officer Shaughnessy made a statement in his report that he knew the dog, Blaze, was at the school He said they did not admit that their dog did all these things, but they did listen to what he had to say He said he called Allen Green, an attorney in Lexington, who said this should not be a matter of investigatihn, that it was a neighborhood problem. He said he could not, as a dog owner, say his dog is the best one; he knows what dogs are. He said the Gilman dog goes on his property and yesterday morning, his dog was chasing a neighbor' s car; these are things dogs do. He said he wanted to make sure the dog he got could live with all the children in the neighborhood. He said, in regard to Mr. Gilman's statements, he thought a check should be made with Dr. Smith. He said he went to Mr. Gilman's house but could not get an answer, and all he got was legal talk about property rights. Mrs. Herscott said she was with a group of neighbors next door to Mr. Miller 's house. Mr. Miller 's dog came toward her and perhaps she should have realized at that point what would happen. The dog approached the group and her dog started walking very cautiously toward the Miller dog. At the very same moment, they lunged at each other. Her dog's teeth went through the tip of the other dog 's ear and they could not dislodge the tooth from the ear an. everyone became hysterical She ran for a hose and started spraying the dogs and eventually, the tooth came out of the ear. She said this was the first time they ever received anything from Mr. Gilman, when they received the complaint letter She said she told her husband she did not offer to pay expenses, but did offer to take the dog to the dogtor. She said this was after the Officer left and she knew her dog was no more at fault than the Miller dog, but she had a car and Mrs. Miller didn't. Mrs . Miller said the dog would be all right and if he needed treatment , Mr. Miller would take him when he came home. She said she called the next day to find out hoe the dog was because she loves dogs . She said the dog his been to training school and is obedient. Mr. Herscott said the mailman told Mrs. Herscott that their dog is the best in the neighborhood. He said they took the dog to the Concord training School and spent twelve weeks going through training with him. He is gentle withe the children, but they wanted him to obey 580 3K tri Mr. Slade said he did not own a dog and has more dogs than anyone else as he has a large lot All the dogs run through his property. The only trouble he ever had with Blaze was with the shrubs. He said his eighteen months old daughter pulls his ear and he con- siders him to be a very gentle dog, the most gentle in the neighhorhood and there is no question about it The Chairman asked if there ever was an incident of Blaze biting a human, and Mr. Herscott replied in the negative . Mr. Cataldo asked Mr. {oilman what the medical ex- penses were, and Mr . Gilman replied that the dog was at the hospital between three and five days . He said Howard Smith is an officer of the Town and his records would be available to the Board. He said the bill he received was $18. Mrs. Herscott said she has no proof that this ever took place, and she was never made aware that any such fight took place, and it is very possible it could have been another dog. Mr. Brown said in the letter from Officer Shaughnessy, the Herscotts agreed to restrain their dog. Officer Shaughnessy said they said they would restrain the dog by having the boy stay out of the Gilman property because where the boy went , the dog went Mr. Herscott said two years ago, when his child started school, they thought it was cute to have the dog go along to school with her. Now they realize it should not have happened and they have broken the dog of this habit Mrs. Herscott said because the dog is valuable, and they wanted him at home all the time, they did devise a metal loop to keep him on. About a month ago, it broke and she has not gone to the hardware store topurchase another rope for him. She said they want the dog home and do not want him roaming. Mr. Slade said the dog does serve as a watchdog in the area The hearing was declared closed at 8:43 P.M. , and the group retired Officer Shaughnessy said he requested the Herscotts to keep the dog home and they said they would. That Sunday, the dog was on the Gilman property and the boy was /Tot there ' Te said las alto ta1ked. to Mr. Rosa, and although he likes the dog, he said it is a nuisance . Upon motion duly made and seconded, it was voted that when Mr. and Mrs. Herscott are not around, the dog be kept on the wire, but that the dog may be taken for a walk when either Mr. or Mrs . Herscott are present . Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of discussing, 58 ' deliberating or voting on matters, which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. The meeting adjourned at 10:10 P.M. A true record, Attest / AkA4c011-;.e le ko a C �L,,d