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HomeMy WebLinkAbout1950-12-18-min 306 let SELECTMEN'S MEETING December 18, 1950 , A regular meeting of the Board of Select- men was held in the Selectmen's Room, `town Office Building, on Monday evening, December 18, 1950, at 7:,J0 P .M. Chairman Emery, Messrs . Gay, Dris- coll, Nickerson and Hoyt were present. The Clerk was also present. Hearing was declared open upon the petition of Manuel J. Aruda for permission to increase Gasoline the storage capacity of gasoline tanks from 5,000 Hearing gallons to 15,000 gallons at 329 Massachusetts Avenue. Mr. Aruda, his attorney, George S. Ryan(637 Massachusetts Avenue, Arlington), Mr. John McCar- thy and Chief Engineer Roy A.Cook were present at the hearing. Mr. Ryan presented a sketch of the proposed location of the tanks and stated that they will be 33.4 feet from the next abutter, Mr . McCarthy, who purchased his property two years ago. The tanks will be 64 feet from the railroad and a represent- ative of the Boston & Maine inspected the location and advised Mr. Arude thet his company has no ob- jection. Mr. Aruad made the statement that bile tank might be used for range oil. Mr. Ryan explained thFt the Chief of the Fire Department had been down and has no objection to the proposed increase. Mr. Aruda stated that the tank now located near the sidewalk will probably not be used. Mr. Ryan said that he understood Mr. Aruda was negotiating with the Texaco people to erect a new building. Mr. Aruda explained that the Texaco Company will not deliver gas unless he takes a load of 5,000 gallons and at the 'resent time he cannot take it with the storage he has. The Chairman asked if there were any objections to the proposed increase. Mr. McCarthy said that he has no objections insofar as the gasoline is concerned, but he would object to the fuel oil odor. The Chairman explained that the application was for gasoline and Mr. McCarthy asked if it could be changed at some later time. 307 Chief Engineer Cook replied that the petitioner would have to file another application and have another public hearing. Mr. McCarthy inquired about the location of the vents and Mr. Aruda stated that they are in the same place as when he purchased the business sixteen years ago, but he agreed to locate them any place satisfactory to Mr. McCarthy. Upon motion of Mr. Gay, seconded by Mr. Dr• is- coil, it was voted to grant a license to Manuel J. Aruda for increased storage of gasoline from 5,000 gallons to 15,000 gallons on premises located at 329 Massachusetts Avenue. The group retired at 7:14 Y.M. Hearing was declared open upon the petition of the Boston Edison Company and the New England Tele- Pole location phone and Telegraph Company for joint pole location on the Cambridge-Concord• Highway at Green Lane. No persons appeared in favor or in opposition. Upon motion of Mr. Nickerson, seconded by Mr . Hoyt, it wis voted to approve the pole location as follows: Cambridge-Concord Highway at Green Lane - one pole. Green Lane, northeasterly from a point approx- imately 90 feet northeast of the Cambridge-Concord Highway, three poles, guy wire and anchor to the third pole . Mr. Burns met with the Board at 7:15 Y.M. The Chairman eapiained that on Saturday the Lights for members of the Board discussed placing Christmas Barnes lights in certain windows of the Barnes property Property and it will cost $30 for sixteen lights . It was unanimously agreed to have one candle placed in the windows and authorized Mr. Moakley to proceed with the necessary electrical work at once. Further consideration was given to the request received from Kelly Construction Company for the ex- tension of water wain in Woburn Street between Low- Woburn ell Street and the Woburn Line. Street Mr. Burns reported that all contemplated water Water main extensions have been completed with the excep- Main tion of Williams Road and this particular project was left over ins- smuch as there was no particular hurry for i t. The Chairman agreed to contact Mr. Walker and request to have the sum of $35,727.97 revenue 308 � . m4 water account carried over. The Board was not in favor of commencing the Woburn Street project until Spring due to the pos- sibility of frost and agreed to further consider the request in 1951. At 8:00 P.M. the following persons met with the Board to discuss a program of maintenance for Maintenance school grounds : Mr. Garrity, Supt. of Parks and of School Playgrounds; Mrs. Morey, Chairwoman of the School Areas Committee; Messrs . Grindle, Wadsworth and Fisher. Mr. Burns' recommendations were dis.eussed and the following action taken: (1 ) A uniform policy of maintnenance of all grounds and driveways surrounding all public buildings be established. The School Committee was in favor but had no particular comments to make. (2) Maintneance of the grounds and driveways be made the responsibility of the Public Works Department. Mrs. Morey stated that her Committee felt the janitors should have pride in the outside of their buildings and take care of the mowing, and keep the papers picked up. She said that her committee wants the janitors to keep the immediate school areas cleaned up. A general discussion was held on the other five items suggested by Mr. Burns and there were no particular objections insofar as the School Committee is concerned . It was agreed that Mr. Burns and the School Committee would discuss the subject further to determine whet items will be carried in the respective budgets . Mr. Burns and Mr. Garrity retired at 6:35 P.M. A general discussion was held relative to any Salaries change in salaries and the Chairman agreed to call the School Committee later in the evening follow- ing a discussion of this subject with the Approp- riations Committee. The School Committee retired at 8:45 P. M. Mr. and Mrs . Burke, 617 Brid6e Street, met with the Board relative to drainage. 8®9 The Chairman explained that the problem was only a portion of a large area in this vicinity and nothing substantial can be done, that is worth do- ing, unless a large area is done all at once. He said that the pro ect could be included in the 1951 budget but there are no funds available at the pres- ent time to do anything. Mr. Burke asked if the brook could be relocated to the other side of the street and the Chairman re.- Bridge St. plied that Mr. Burns had mentioned one location but drainage he did not think it was where fir. Burke wanted it. complaint Mr. Burke said that the brook is filled in and the water seeps back into his cell€r making it very wet and unhealthy. The Chairman said that Mr . Burns does not feel that cleaning one or two channels would improve the situation. tie asked if Mr. Burke had discussed his problem with Mr. Burns and he replied in the negat- ive. Mr. Driscoll suggested, and Mr. Burke agreed, that Mr. Burns would go over to his house on Tues- day at 5:30 P.M. to discuss the problem. Mr. and Mrs . Burke retired at 8:50 P.M. Hearing was declared open upon the written com- Complaint re plaint received from Mr. Winthrop F. Potter, 25 Summit Johnson dog Road, Lexington, relative to a German Shepherd dog which he claimed to be owned by Mrs . Philip Johnson of 22 Summit Road, Lexington, and which he also claimed to be a menace to the neighborhood. The following persons were present at the hear- ing: Mrs . Philip Johnson, Mr. and Mrs. Winthrop Pot- ter, Mr. and Mrs . Edmund P. Hoxie, Mr. Richard P. Crom- well, Mrs. Carla Valentine, John F. Groden end Mr. Clarence E. Smith. The Chairman explained that upon receipt of Mr. Potter' s communication, a letter was sent to Mrs. John- son on December 11, 1950, and he proceeded to read same. He stated that the Town Counsel felt that the complainant should ue sworn or make his complaint under oath. Mr. Potter stood and was sworn by Mr. Stevens, Town Coun- sel, and testified under oath. The Chairman asked if Mr. Potter wanted his let- ter of November 28th recd or make any further state- ments . Mr. Potter explained that the reason he wrote the letter to the Board was occasioned by a series of in- didents thathad occurred over a period of a year, end- ing in an attack on his baby sitter returning home from his house. He said that on the afternoon of November 27th Miss Barbara Hoxie of 886 Massachusetts tvenue was 310 returning home from a baby sitting job at his home and when going by the Johnson property at 22 Sum- mit Road, the German Shepherd dog attacked her from the rear. The dog's teeth penetrated Miss Hoxie ' s coat and bruised hcr. He said that she was saved from more serious injury because she was wearing a heavy coat and skirt. Mr. Potter said that before the attack, and while the dog was attacking her, someone at Mrs . Johnson' s house called the dog but without effect. He said this was reported to his wife by the girl's mother. He stated that the pre- vious week his wife was walking on Summit Road and the dog approached her and snapped at her ankles, and bit her enough to drew blood. Mr. Potter said that Mrs. Carla Valentine, 805 Massachusetts Avenue, who works at his house twice a week, has been attacked by this dog on several oc- casions and has more than once had her arm taken in his teeth by this dog. She was not seriously in- jured because she had on heavy clothes but she is so afraid of the dog now that when she comes to his home in the daylight she carries a stick for protection and will not apss the house at night without an es- cort. Mr. Potter said that several times during the past few months this dog has charged him snarling with lips bared and fur bristling. He said that he likes dogs and owned a dog for about fifteen years. Lie further stated that there are ten other dogs in the neighborhood and he has had no trouble in mak- ing friends with them. However, he has tried re- peatedly to make friends with this German Shepherd dog without success . Mr. Potter said that he feels this dog is vic- ious and a menace to many children who live in the neighborhood and who visit there. ne stated that wars. Johnson told him she would muzzle the dog, but he does not think this is enough because if the dog should knock a child down, the child would be in- jured from the muzzle. Furthermore, it would ser- iously frighten the child. Mr. Potter said that he definitely thought the dog should ue permanently re- strained or removed from the neighborhood before something tragic happens . Mrs . Johnson said that she has a little girl and to the best of her knowledge the dog has been very friendly. When she was a pup she started to frighten the children next door and she sent her to school. Mrs. Johnson said that since then she has had no one tell her anything about the dog ex- cept the neighbors across the street who said that 811 the dog knocked her child off a tricycle. She said that she has always had a dog and always plans to have one. She stated that she only regretted that Mr. Potter had not told her about his wife being nipped. She said that if she had known that she would have muzzled the dog im- mediately and the baby sitter would not have been bit- ten the following week. Mrs. Johnson said that the children in the neigh- borhood are afraid of any kind of dog that barks and they runinto the dog with bicycles and tricycles. She said that they have stoned the dog all the way up her driveway so that the dog has a fear of people especial- ly if they have a stick. She said that she needs the dog in the house because her nursemaid is alone. She said that as long as the dog is muzzled she does not feel there is any danger, and that the dog has been muzzled ever since Mr. Potter called. Mr. Gay asked if Mrs . Johnson ever had any other complaints during the last year. Mrs. Johnson said that the woman across the street has a little boy and she told her one day that the dog knocked him down. She said that when the Grudens first moved in the dog went over and barked and frightened them. After th t she sent the dog to school to learn obedience and to be with people. She said that this was the first time, other than the incident with the tricycle, that she personally heard anything. Mrs. Hoxie said that her daughter Barbara is seven- teen years old, is a big girl and said that the dog came racing down the yard and lunged at her so hard he rocked her on her feet. The Sunday night before, she went past the house and the dog followed her, growling and snapping at her- heels . Mr. Cromwell said that about two years ago his dau- ghter was going down the street and Mrs. Johnson' s dog, Tory, bit her through her coat. He said it did not in- flict any harm but frightened his daughter. After that Mrs . Johnson was co-operative enough to muzzle the dog and tie him in the yard but it was not permanent. Mr. Cromwell said that some time after that his little boy was in his own driveway and the dog came into the Crom- well yard. The boy was on a tricycle and the dog charged at himbarking and took hold of the boy' s shoulder. He said that the dog did not hurt him but did frighten him very mucli. Mrs. Cromwell again went over to Mrs. John- son' s house and again she mu.,zled him. lie said that Mrs . Johnson has two dogs one of whom the neighbors like, Dusty, and the other dog, Tory, over which there have been complaints. Mr. Cromwell said that he and his wife both feel that the dog is vicious and a danger to the children. 312 Mr. John Groden said that he lives next door to Mrs. Johnson. He said he has four small children and a yard where from ten to twen- ty children play. He said that he hEs a dog of his own and is very fond of dogs, and that everyone is fond of Mrs. Johnson's other dog, Dusty. Mr. Groden stated that he had written to Mrs . Johnson about the dog, Tory, and sub mitted copies of the letters to the Chairman. He said that he has spoken to her help on sev- eral occasions and said that if the dog ever charged his children he would shoot him. He said thet a dog this size could seriously hurt the small children and he is afraid for his chil- dren. Mr. Groden explained that there is absol- utely nothing personal in this but he has a feel- ing of insecurity about the dog. He said that he does not like to set dogs tied up es it tends to make them more vicious . Mr. Clarence E. Smith said that he just wanted to support Mr. Potter' s case. He said that many times in the morning, walking from his home, to Mr. Groden' s, with whom he rides, the dog has approached him, not wagging his tail but viciously looking. Ile said th4t he was re- ally afraid of the dog. Mr. Hoxie said that he would like to point out one thing. His daughter, Barbara, was wear- ing a heavy coat and a heavy velvet skirt and in spite of that fact she had a large black and blue spot on her hip. He said that if it had been summer and the same thing happened, Mrs. Johnson would have had a problem on her hand . Mrs. Johnson said that as far as she knows, the dog has not drawn blood and that she under- stands any dog is allowed to bite three times before it has to be disposed of. She said that she has muzzled the dog and she did not see why there is enything more to be said. Mr. Carroll C. Taylor said that he was pres- ent with his neighbors because he agrees with them that they have a problem in the neighbor- hood. He said that personally he thought the dog was a psycopathic case and that he has been trying for over a year to make friends with the dog, because, living as he does next door, he wants to be friends . He said that the dog has never done any harm to him but he is an odd type of dog. Mr. Taylor said that he believed, for Mrs. Johnson' s own interest, it would be well not to have the dog around. 313 Mrs . Johnson asked if he mef,nt she should dis- pose of the dog and Mr. Taylor replied that he thought it would be wise to . Mrs . Johnson said that the dog is trained to be a watch dog and very highly bred. She said that all police dogs are a one-man dog and they don' t make friends with other people. Mrs. Potter said that as long as this dog is run- ning free in the neighborhood she feels obliged to drive anyone working at her house. She said thrt she thought it unfortunate that the people cannot use their own street. FurthLrmore, she does not feel free to allow her children to play or go down the street when there is the danger of the dog jumping on than . The hearing was declared closed at 9:30 P.M. and the group retired. After consideration of the evidence at the hear- ing the following order was unanimously adopted: That the German Shepherd dog owned by Mrs. Philip Johnson be securely restrained at all times within the limits of the property of the owner except when under the control of an adult on a leash. Further consideration was given to Mr. Allen' s Allen request for abatement of street betterment assessment Betterment levied against his property as a result of construct-!' Assessment ing Ledgelawn Avenue. The Board visited the property Saturday morning, and after considering the matter thoroughly, voted to reduce the betterment assessment to $100. Letter was received from H. F. Boinay, 69 Pleas- ant Street, complaining about the condition of Mill- iken Lane. The Board felt that the Town has no responsib- ility in this private way and accordingly did not feel warranted in taking any action on it. The Board gave further consideration to Mrs. Magaret B. Carroll' s offer of $ 50 for Lot 23, Block 89, Garfield Street . A proposal to sell this lot was advertised in the December 18th issue of the Lexing- ton Minuteman. No persons contacted the Selectmen's Office as a result of the advertisement. Upon motion duly made and seconded, it was voted to sell and convey Lot 23, Block 89, Garfield Street to Mrs. Margaret B. Carroll for $50. Letter was received from Commissioner Henry F. Collector Long establishing the amounts , not less than vhieh, and Treasurer ! the bond for Collector of Taxes and Treasurer may be. Bonds 314 CD mZ Upon motion duly made and seconded it was voted to establish the amount of the bond for the Collector of Taxes as $70,100 and further to establish the a- mount of the bond for the Treasurer as $54,900. Application was received from the V. F. W. re- Use of questing permission to conduct a meeting in Estabrook Hall Hall on the evening of December 21st from 7 :30 Y.M. until 10:00 P.M. Upon motion duly made and secdonded, it was vo- ted to grant the use of the hall free of charge. Application was received from the Boston Mar- ket Gardeners Association requesting the use of Cary ball on February 13 , 1951, for the purpose of con- ducting an Annual Banquet. Upon motion duly made and seconded it was vo- ted to grant the use of the hall subject to a dharge of $35.00. Upon motion duly made and seconded, it was vo- ted to grant the following licenses (all renewals ) : (Wm. Reidy ) Bow Street Motors 3 Bow Street 2nd Class Agent (renewal ) John J. Rudd 1849 Mass. Ave. Package Store " Berman's Market 12 Mass. Ave. " " Lex. Theatre, 1794 "lass. Ave. Sunday Movies Inc. The Clerk called the Board' s attention to the fact that a date should be established for closing the warrant for the Annual Town Meeting in March. It was agreed to close the Warrant on Saturday, Jan- uary 20, 1951. Inasmuch as there are insufficient funds in the Elections - Jurisdiction of Selectmen' s Account and the Selectmen' s Expense Account, it was voted to request the Appropriation Committee to transfer $160 from the Reserve Fund to the Elections account and $100 to the Selectman' s Account. Bill in the amount of 410 was received from the Planning Board for rental of a michrophone used at the Special Town Meeting on November 27th. It was the opinion of the Board that inasmuch as the meeting was called primarily for the Zoning By-law this itme should be paid for from the Planning Board Expenses Account. The Board voted to authorize the Chairman to L 315 contact the Chief of Police and advise him that, in view of the national situation and the President' s speech of Friday, Decemberl6th, with reference to de- creased working hours and other consequences of the present international situation, that the Board feels that it cannot recommend to the Town, this year, the adoption of a 5-day week for the Police Department, particularly in view of the drastically increased taxes which the taxpayers must bear and the contribution, even though it be a minor one, of the manpower shortage by necessitating more personnel. The Chairman was also authorized to convey to the Board of Fire Engineers with instructions for them to please convey it to their Firemen's Committee the same sentiments with reference to the proposed fifty-six hour week that the Selectmen hope the Firemen' s Com- mittee will review the matter in the light of the pres- ent national emergency and decide to ask that the bill they have submitted to the Legislature be withdrawn at this time. A true record, Attest: , / Y 0- lee en ;( I 1