HomeMy WebLinkAbout1943-02-08157
SELECTMEN'S MEETING
February 8, 1943
A regular meeting of the Board of Selectmen was
held on Monday evening, February 8, 1943, at 7:30 P.M.
Chairman Giroux, Messrs. Potter, Rowse, Locke, and
Sarano were present. The Clerk was also present.
At 7:30 hearing was declared open upon the petition
of the Boston Edison Company and the New England Tele- Pole
phone and Telegraph Company for joint locations of the Locations
following poles: hearing
Marrett Road, approximately 75 feet
southeast of Steadman Road, - 1 pole
guy wire and anchor
From pole located in Centre Street at
Ward Street, - install guy wire and
anchor.
No persons appearing in favor or in opposition, the hear-
ing was declared closed.
Upon motion of Mr. Rowse, seconded by Mr. Potter, it•
was voted to approve the requested locations and sign the
orders.
At 7:45 P.M. hearing was declared open on the written
complaint received from one Madeleine Towle of 23 Hilltop
Avenue against two large dogs; one owned by Walter Allen,
475 Waltham Street, and one owned by John Keenan, 487
Waltham Street, Approximately 18 persons appeared at the
hearing. Dog Officer John Russell also was present.
Previous to the hearing, the Board had received a report
of the complaint registered by Mrs. Towle from Officer
Russell.
The Chairman said that because of the complaint of
Mrs. Towle and several others against these two large
dogs, this hearing was to be held under the laws applying
to dogs; therefore all those making the complaint were to
do so under oath.
Mrs. George W. Towle, 23 Hilltop Avenue, stated that
her dog was badly mutilated. She had to have a veterinary
from Concord attend the dog, and he was unable to save his
life. She also told that the two dogs belonged to Mr.
Allen and Mr. Keenan. Mr. Daniel J. O'Connell said that
this was merely hearsay, that she hadn't actually seen
the dogs. The Chairman said that they would listen to all
the evidence, perhaps some that would be hearsay. The
Chairman asked if the Board wished to question Mrs. Towle
Hearing
on
Dogs
158
but no member had any questions to ask. The Chairman
said that he understood Mrs. Towle to say that her dog
had been seriously injured by two dogs, and he asked her
if she saw this happen. Mrs. Towle replied that she
hadn't seen anything. The evidence was a report re-
ceived from her daughter and one Douglas Sweetser.
The Chairman said that the Board would hear any
other individual who wished to register a complaint
against either or both of these dogs. Mrs. Charles Rice
of 282 Marrett Road, under oath, stated that she was new
in the neighborhood, and shortly after she arrived her
dog, a valuable show specimen, was attacked by two other
dogs in her backyard. She said that she chased the dogs
off and described them to a neighbor who identified them
as the dogs belonging to Keenan and Allen. She said
that her dog has since been attacked twice, but she did
not see these last two attacks. She said at the time
she wanted to complain, but the neighbors advised that
they had never been able to get any satisfaction concern-
ing these two dogs. The Chairman asked the Board if they
had any questions, but there were none.
Mrs. Louise J. Carter of 292 Waltham Street, under
oath, stated that four years ago her dog was attacked by
two large dogs. Upon inquiries, she found out that the
dogs belonged to Walter Allen and John Keenan. She said
that she called Mrs. Allen Christmas morning, and that
Mrs. Alien said that she was sorry but didn't see what
she could do about it. Mrs. Carter said that she dropped
it there and made no more complaint.
Mrs. Arthur Baker of 44 Bridge Street stated, under
oath, that last summer two dogs attacked her cat on her
own porch and broke the cat's back. She stated that she
didn't know to whom the dogs belonged, but a neighbor who
had lived there for many years told her that the dogs
belonged to Mr. Allen and Mr. Keenan. Mrs. Baker stated
that she called Mrs. Keenan who said that she was very
sorry. Mrs. Baker said that she did not know either the
Keenan's or the Allen's, but the dogs' are constantly around
her property. The Chairman asked her who the neighbor was
who identified the dogs as being Allen's and Keenan's, and
she said it was Mr. Charles Albert of 40 Bridge Street.
Mrs. Arthur E. Locke of 64 Farmcrest Avenue declared,
under oath, that while she was riding her bicycle a dog.
came out from the Keenan home and, grabbed her by the ankle,
scratching her leg. She did not know who owned the dog,
but from inquiries found out that it was Mr. Keenan's
dog.
Mrs. George E. Swanson of 449 Waltham Street declared,
under oath, that she had three cats killed by these two
dogs. The Chairman asked her if she saw the dogs, and
she said that she had on two occasions. Mrs. Laurina Wilson
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of 479 Waltham Street declared, under oath,that she had
seen both dogs nearly kill a younger dog across the street
from where she lives. The Chairman asked her if she knew
the dogs, and she replied that she knew them very well.
Mr. Robert Eldridge of 495 Waltham Street declared,
under oath, that these dogs had been a nuisance for a long
time. He said that if the Board did not restrict the dogs,
he was going to enter a formal complaint. The Chairman
said that the Board did not know at the time what action
would be taken. Mr. Eldridge said that he was not referring
to the temporary order, but that these dogs had been a nui-
sance for years.
The Chairman asked if there were anyone else who
wished to speak for the complainant. There being no others,
he stated that they would now hear those who wanted to ex-
press reasons they might have against taking further action
relative to these two dogs. He stated he thought it was
only fair to advise that the Board was acting under Section
157 of the laws applying to dogs. The Chairman read the
Section to the group present.
The Chairman asked all those wishing to be heard as
to why the dogs should not be restrained or disposed of to
rise and be sworn under oath. The Chairman asked Mr.
O'Connell if he were representing anyone present. Mr.
O'Connell replied in the negative.
Mr. John H. Keenan of 487 Waltham Street said that the
complaints made here seemed to run back several years. He
stated that three or four years ago the dog was only a pup,
and that as far as he knew the dog had never bitten anyone.
He stated that the dog did chase cars, but he didn't believe
anyone could prove that they actually saw the dog kill Mrs.
Towle's dog. He said that as far as the complaints went, it
was news to him, and no one had ever gone to him and told
him. Mr. Potter asked if he had ever had a complaint made to
him about the dog. Mr. Keenan replied that some woman had
spoken to Mrs. Keenan, and that nothing was done about it at,
the time. He said that if anyone had gone to him, he would
have gotten rid of the dog. Mr. Potter said that a complaint
had been made, then. Mr. Keenan said that one had been made
on the telephone to Mrs. Keenan.
Further evidence was heard from Mrs. John Hodgdon, Mrs.
George Gale, 430 Massachusetts Avenue, and Mrs. Vincent
Fopiano of 74 Middle Street. These three persons are Mrs.
Allen's daughters. They all stated that the dog was gentle
and to their knowledge had never done any damage.
At 8:30 P.M. a recess was declared.
At 8:33 P.M. the Board reconvened. The Chairman said
that a number of people had asked to be heard again but each
side had been given an opportunity to be heard, and therefore
the Board could see no reason for going back over the matter.
160
He said that he believed the Board had had a broad picture
presented to them on both sides, therefore the formal hear-
ing was declared closed.
The Chairman asked Mr. O'Connell if he wished to make
any remarks. He replied that he didn't believe that the
dogs should be killed from the evidence heard tonight. He
said no evidence has ever been given to the Police stating
that the dogs were vicious or a nuisance. The Chairman
said that pending a decision of this Board, Mr. Allen and
Mr. Keenan were being asked to consider the dogs under re-
straint until a formal order had been passed.
At 8:40 P.M. the hearing Was declared closed, and the
group retired.
Officer Russell informed the Board that Mr. Keenan had
disposed of the dog today through the Animal Rescue League.
The Chairman instructed Officer Russell to obtain a record
from the Animal Rescue League that the dog had been dis-
posed of. The Chairman said pending official confirmation
relative to the Keenan dog, the Board would take no action.
In the case of the dog said to belong to Mr. Walter
Allen, upon motion of Mr. Potter, seconded by Mr. Rowse,
it was VOTED: That the Board of Selectmen hereby order
that the dog said to belong to Mr. Walter Allen be removed
from the property and the neighborhood of 475 Waltham Street,
Lexington, within 48 hours from receipt of this notice, and
if this is not done, the Board will order the dog disposed
of. Officer Russell was instructed to serve this order on
Mr. Walter Allen Tuesday morning, February 9, 1943.
Upon motion of Mr. Rowse, seconded by Mr. Saran , it
was further voted to instruct Officer Russell as follows:
in the event that Mr. Walter Allen of 475 Waltham Street,
Lexington, fails to carry out the order. of the Board of
Selectmen in relation to the dog, said to be owned by him,
you are hereby ordered to dispose of such dog after the time
described in the previous order has elapsed.
Officer Russell retired at 8:50 P.M.
The Chairman informed the Board that Miss White of the
School- Hancock School had requested 50 Town maps for school work.
Town Maps The Board had no objection to letting Miss White have these
maps.
At 8:51 Mr. Paxton appeared before the Board.
Fire The Chairman read a letter from Mr. W. S. Couette on
Ordinances fire ordinances and laws. It was decided to turn the litera-
ture over to the Board of Fire Engineers for study and recom-
mendation.
Mr. Paxton said that Mr. Grindle had requested the use'
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of Cary Hall on February 22,23, and 24 from 9:00 A.M. to
6:00 P.M. for registration.
Upon motion of Mr. Potter, seconded by Mr. Rowse,
it was voted that the use of the Hall be granted free of
charge.
Mr. Paxton said that the agreement Mr. Wrightington
had presented in connection with the George E. Rogers
claim was one where the Town would pay $225.00; $150.00
for a new wall, 025.00 for bed work, 025.00 for tree, and
$25.00 for land. There is a stipulation in the agreement Rogers
that If the Town ever constructs a sidewalk, Mr. Rogers claim
would have to construct the wall, and he did not approve
of this agreement.
Mr. Paxton said that Mr. Rogers' attitude was under-
standable, but on the other hand $150.00 for the wall at
the present time was too much to pay. He said that if
$50.00 was taken off the wall construction, which he thinks
is fair, he believed Mr. Rogers would settle for a total
of 0175.00. Mr. Paxton informed the Board that Mr. Wright-
ington thinks this is the most economical method to handle
this situation.
'Mr. Potter moved that the sum of $175.00 be approved
in full settlement of all present and future claims. Mr.
Locke seconded the motion, and it was so voted.
Mrr Paxton informed the Board that he was having a
difficult time to obtain a meter reader. He said on the
basis of the Barnes' property being closed and less uses
of Cary Hall, perhaps Mr. Rochette could work two weeks Meter
of each month reading meters. He stated that this would reader
be agreeable to Mr. Rochette. He explained, however, that
Mr. Rochette would like to have precedence over anyone else
when the Barnes property is re -opened after the war.
Upon motion of Mr. Rowse, seconded by Mr. Locke, it
was voted to authorize. Mr. Paxton to employ Anthony Rochette
as a meter reader•in the Water Department two weeks out of
each month; the remaining two weeks to be devoted to work
in the Town Office Buildings, Mr. Rochette is to have
precedence over anyone else when the Barnes property is
re -opened.
It was also voted that his salary would be paid at
the rate of $27.00 per week on both jobs.
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Use of hall
Mr. Paxton stated that in the past fifteen months
there had been six or seven changes in personnel in the
Public Works Office. He explained that the burden of
training new clerks falls on the Senior Clerks. He is
recommending $25.00 per week for both of these girls.
The Chairman informed him that this would be considered
when they discussed budgets.
Increase
in
pay
162
Mr. Paxton said that he had granted a request re -
Loan of ceived from the Town of Billerica for the use of the
Tractor Cle-Trac.
Mr. Rowse moved that the action be approved. Mr.
Sarano seconded it, and it was so voted.
Mr. Paxton retired at 9:50 P.M.
Mr. Rowse informed the Board that James Collins of the
Public Welfare ,Department expects to leave in a few weeks
Welfare to accept a war job. He believed that Mr. Morse should re -
Dept. ceive a $4.00 increase, and the three clerks in the office
should receive a $2.00 increase, and that Mr. Morse had made
the budgets up on this basis.
Mr. Morse appeared before the Board at 9:55 P.M. and
retired at 10:00 P.M.
Mr. Locke retired at 10:10 P.M.
Letter was received from the V.F.W. requesting that an
article be placed in the Warrant of the Annual Town Meeting
permitting the transfer of the so-called old Adams School
property to Lexington Post #3007, V.F.W.
V.F.W. Upon motion of Mr. Potter, seconded by Mr. Rowse, it
land was voted to have Mr. Wrightington draw up the requested
Transfer article. The Clerk was instructed to write the Commander
stating that some member of the organization would be ex-
pected to explain the article for the Town Meeting. The
Commander was requested to notify the Board who the spokes-
man would be on the Town floor.
Letter was received from the Board of Fire Engineers
relative to the McLaughlin bill for his services in con-
McLaughlin vection with recent Fire Department matters.
bill Mr. Rowse moved that this be held over for one week,
and that Mr. Wrightington be requested to attend the meet-
ing on Monday, February 15 at 7:30 P.M. Mr. Sarano
seconded the motion, and it was so voted.
A bill in the amount of $70.20 was received from
Francis J. Hunt for reporting and transcribing the hearing
before the Board of Selectmen and the Board of Fire Engin-
eers.
Mr. Potter moved that the bill be approved and
charged to the Law Department -Expenses. Mr. Rowse sec-
onded the motion, and it was so voted.
The Chairman said that on Saturday morning, Mr. Rowse
had received in his hands a letter addressed to the Board
of Selectmen from Chief Sullivan of the Police Department,
in which he stated: "I hereby request to go on retirement,
effective March 6, 1943."
Hunt
bill
Chief
Sullivan
retirement
okj
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The Chief explained to Mr. Rowse that he had an op-
portunity to leave for Florida with his son on Monday, Feb-
ruary 8, and he asked if it would be possible to go on a
leave of absence.
Mr. Rowse contacted Mr. Sarano and Mr. Locke, He
was unable to reach Mr. Potter or Mr. Giroux. These
two gentlemen, and Mr. Rowse, agreed to a leave of ab-
sence. On Sunday, February 7, the following letter was
sent to Chief Sullivan under date of February 6:
February 6, 1943
Mr. James J. Sullivan
Chief of Police
Lexington, Mass.
Dear Chief Sullivan:
This will acknowledge your letter of February 6,
1943 in which you request retirement as Chief of the
Poliee Department effective March 6, 1943. The Select-
men will place the question of your retirement on the
town warrant and will recommend to the Town Meeting that
your retirement be voted at one half pay effective March
22, 1943.
You are hereby granted a leave of absence at full
pay from February 7, 1943 until March 22, 1943.
With all good wishes.
Yours very truly,
/s/ A. R. Giroux
ARG:M Chairman,Selectmen.
The following letter was sent to Sergeant John C. Russell:
February 6, 1943
Sergeant John C. Russell
Lexington Police Department
Lexington, Massachusetts
Dear Sergeant Russell:
Chief James J. Sullivan has made formal request for
retirement effective March 6, 1943. The matter of his
retirement will be brought before the Town Meeting on
March 15-i 1943.
Effective immediately, you will take full charge of
the Police Department until further notice. Should you
164
have any desire to discuss Police Department matters with
the Board of Selectmen, please do not hesitate to come
before us.
Yours very truly,
/s/ A. R..Giroux
ARG:M Chairman,Selectmen.
Mr. Potter moved that the informal action by tele-
phone is hereby ratified. Mr. Sarano seconded the motion,
and it was so voted.
Upon motion of Mr. Rowse, seconded by Mr. Sarano, it
was voted to grant the request of the Lovell Bus Lines
for permission to operate busses for hire in the Town of
Lexington over the following route:
Lovell From the junction of Marrett Road and Lincoln
Bus Street over School Street to Massachusetts
license Avenue over Massachusetts Avenue to the junction
of Massachusetts Avenue and Lincoln Street and
return over the same route."
Deeds
Signed
Upon motion of Mr. Rowse, seconded by Mr. Sarano, it
was voted to approve and sign the deed to the parcel of
land located on Woburn Street, Lexington, formerly in the
name of Charles W. Ryder, transferring same to Andrew Cupp
of 86 Woburn Street, Lexington.
Upon motion of Mr. Rowse, seconded by Mr. Sarano, it
was voted to approve and sign the deed to Lot 33 Moreland
Avenue, transferring same to Joseph and Martha A. Yntas of
40 Moreland Avenue.
Mr. Rowse moved that the Sunday Theater license re -
Movie quested by William Viano be approved and signed. Mr. Sarano
License seconded the motion, and it was so vnted.-
Commitment of water miscellaneous charges were signed.
Budgets were then discussed as follows:
Accounting Depart -Personal Services •
This budget was reconsidered and approved as follows:
Accountant $2725.00
Clerk 962.53
Clerk 864.10
Extra Service 50.00
4601.63 Total
Selectmen's Department -Personal Services
This budget was reconsidered and approved as. follows:
Clerk $1570.02
Asst. Clerk 1043.33
$2613.35 Total
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Treasurer's Department -Personal Services
This budget was reconsidered and approved as follows:
Treasurer $1000.00
Clerk 556.66
$1556.66 Total
Assessors' Department -Personal Services
An item of $33.75 was approved for this budget for
Assistant Assessors, making the total budget $5,860.20
Town Clerk'S. Department -Personal Services
This budget was reconsidered and approved as follows:
Town Clerk $1800.00
Clerical 546.67
$2346.67 Total
Registrars Department -Personal Services
This budget was reconsidered and approved as follows:
Registrars $ 300.00
Asst. Registrars 33.75
Clerical 100.00
$ 433.75 Total
Fire Department -Personal Services
The item for call men was increased from $3300 to
$3600.00, making the total budget approved, $36350.00.
Insect Suppression -Wages & Expenses
This budget was reconsidered and approved in the
amount of $2525.00.
Highway Department -Road Machinery Account
The amount of $5,000.00 was added for equipment,
making the total budget approved, $14,000.00.
Old Age Assistance -Administration Items
This budget was reconsidered and approved in the
amount of $200.00.
Soldiers' Relief -Aid & Expenses
This budget was reconsidered and approved in the
amount of $5,000.00.
Public Welfare -Personal Services
Welfare Agent $2244.00
Social Worker 333.67
Social Worker 1278.50
Senior Clerk 1226.34
Junior Clerk & Sten. 1069.83
Deduct $3076.17 to be charged to Dependent Children
Aid, Old Age Assistance, and Soldiers' Relief. The total
budget was reconsidered and approved in the amount of
$3076.17.
Upon motion of Mr. Rowse, seconded by Mr. Sarano, it
was voted to approve an increase in pay of Miss Harvey, of
the Water Department, from $23.00 to $25.00 per week.
It was also voted to approve an increase in pay of Miss
Corcoran from $23.00 to $25.00.
The meeting was adjourned at 10:50 P.M.
A true record, Attest: