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HomeMy WebLinkAbout1944-01-24386 Jurors Phillips' Dog Hearing SELECTMEN ' S MEET ING January 24, 1944 A regular meeting of the Board of Selectmen in the Selectmen's Room, Town Office Building, on evening, January.24, 1944, at 7:30 P.M. Chairman Messrs. Potter, Locke, Sarano and Sheldon were pre The Clerk was also present. At 7:30 P.M. Mr. James J. Carroll appeared b Board for the drawing of two jurors. Mr. Warren P. Welsh, plumber, 99 Waltham Stre drawn to serve on Criminal Business, First Session beginning Tuesday, March 7, 1944. Mr. Elmer B. Mason, electrician, 14 Brandon was drawn to serve on Civil Business, Second Sessi Cambridge beginning Monday, February 14, ,1944. Mr. Carroll retired. At 7:31 P.M. petition of twelve complaining that a 6 Fair Oaks Drive, diposition. Approximately thirteen persons appeared at the hearing. Sgt. John C. Russell was also present. Previous to the hearing, the Board had received a written report from Sgt. Russell relative to the complaint. The Chairman said that this hearing had been called according to law as a result of the complaint made by certain citizens. _ .t> ,,. r-' +:_ ' The Chairman rear: t _e iaw.. appl; ifig to vicious dogs, and informed the group that the statute under which the hearing was being conducted required each person making the complaint to do so under oath. He asked all those wishing to be heard as to why the dog should be restrained to rise and be sworn under oath. Mr. C. Raymond Reed 40 Wachusett Drive, stated that his dog had been bitten six ti mes and it was necessary to take him to the veterinary, each time. He said that his dog had been attacked most of the time in his own yard. Mr. Reed said that he thought a dog of this nature shouTa be restrained. Mrs. Gretchen B. Reed, 40 Wachusett Drive, said that two different times her dog was taken to the veteriidary,,, and he was so badly hurt that the vetertibarr didn't know whether or not he would have to be disposed of. Mrs. Reed said that she believed the dog in question was dangerous to her children. Miss Marion F. Hannaford, 172 Middleby Road, said that she was bitten by Mr. Phillips' dog on October 9, 1943, and was treated by Dr. Rochette. She said that she was walking on Wachusett Drive when the dog bit her. Mr. Sheldon asked if the flesh was actually broken, and Miss Hannaford replied in the negative. was held Monday Rowse, sent. efore the et, was at Lowell Street, on at hearing was declared open upon the residents of the Fair Oaks neighborhood dog owned by one Mr. William S. Phillips, was a nuisance by reason of its vicious 3.87 Mrs. Helen Etheridge, 53 Downing Road, stated that her dog had been bitten twice by Mr. Phillips' dog; the second time a piece being torn out of his back. Mrs. James Heggie, 42 Wachusett Drive, stated that her cocker spaniel has been bitten three or four times. She said that her dog was in his own back yard when the dog in question came over and attacked her dog for no appazrant reason. She said that she had complained to Mr. Phillips and requested that his dog be restrained or kept from her property if possible. Mrs. Heggie said that she was particulary concerned because she has an eleven months old baby who will be out in the yard next summer, and she is disturbed as to what might happen if Mr. Phillips' dog should come into the yard.. Mr. James L. Heggie saidthat he wished to verify the statements made by his wife. Mrs. Caroline T. Reed, 45 Wachusett Drive, said that a friend of hers was visiting her home and brought a Boston terrier. Mr. Phillips' dog also attacked this dog, and took a piece out of its back. Mrs. Arnold Knox, 66 Outlook Drive, stated that her dog was -very badlynehewed up, but she could not definitely say that Mr. Phillips' dog was involved. Mr. Otis J. Conner, 58 Outlook Drive, said that he had a very small dog, and he had the same story as the rest of the people:. He said that there were three times that he knows of that his dog was attacked, and she is now afraid to leave the house unless someone is with her. Mr. William 3. Phillips, owner of the dog, said that his dog seemed to be in the wrong. He said that the dog was not vicious and the only human he has ever known the dog to bite was Miss Hannaford. Miss Hannaford told him that she was walking by his house whenhis dog bit her on the leg. Mr. Phillips said that he told Miss Hannaford that if she felt that there was an abrasion to have a doctor and he would pay the bill. He asked if the skin had been broken, and she replied that it was not. He said that he again told her if she had a doctor he would pay the bill, and that was the last he heard of it. He said that his dog had been brought up with children, and was a very well behaved dog. He also stated that his dog does bite other dogs but there is nothing he can do about it. If any dog comes into his yard he will bite them. Mr. Phillips admitted that his dog had been a nuisance to the Reeds and he said that he would muzzle his dog in an effort to keep her from biting other dogs. He said that he has kept the dog restrained but she is used to freedom and he would prefer to have her muzzled. The Chairman stated that Mr. Phillips had already admitted t'1at the charges made here this evening were just and the only alternative the Board has is to order the dog restrained. At 8 P.M. the hearing vas declared closed, and the group retired. Sgt. Russell said that the dog seemed to be a friendly dog. Henetired at 8:15 P.M. 388 19th April Comm. Postwar Meeting Youth Guidance Postwar Secretary Albert G. Frothingham and three members of the Lexington Allied Veterans Council appeared before the Board. The Chairman said that the budget presented by this group had not been acted upon as yet inasmuch as the Board was waiting to hear the tentative plans for the 19th of April celebration. Mr. Frothingham said that his Committee felt that the sunrise parade should be continued, and that those participating in it should be furnished breakfast. This could be arranged through the Red Cross Canteen. He said that it was difficult to tell what the situation will be in April, but they could not proceed with the plans until they had an idea of the amount of money that would be available. For this reason they have drawn up a budget in the amount of $300.00. Mr. Frothingham said that his Committee felt that there should be an afternoon parade this year. Mr. Sheldon asked if there would be money enough to pay for transportation in the event that they were able to obtain bands. Mr. Frothingham said that ifbands'were hired they would have to be paid in addition to payment for trans- portation. The Chairman asked if he were correct in that we have not had an afternoon parade in two years, and Mr. Frothingham replied in the affirmative. The Chairman emphasized the fact that unless a worth- while parade could be arran ed, it might be better not to have an afternoon parade. The Chairman said that the money would not be available until the Town Meeting votes it, but the chances are that if the Board of Selectmen recommend it and the Appropriation Committee approve it, there will be no question about it. The group retired at 8:50 P.M. Mr. Sheldon moved that the budget, submitted by the Lexington Allied Veterans Council in the amount of $300.00, be approved. Mr. barano seconded the motion, and it was so voted. Letter was received from M.I.T. inviting the Board of Selectmen, or a representative to attend a meeting of City and Town officials interested in postwar planning. 'The meeting was scheduled for January 29, 1944, at the University. The Clerk was instructed to request Mr. Paxton to attend this meeting. No action was taken on the letter from Governor Saltonstall relative to forming a Committee on Youth Guidance. The Board gave further consideration to the report received from the Town of Reading relative to a survey as to the necessity of postwar planning. The Clerk was instructed to send a copy of this report to the War Parents of America. Notice was received from the County Commissioners ad- vising that the assessment for the care, maintenance and repair of the Middlesex County Sanatorium, due April 1, 1944, is as follows: 1 1 Care and maintenance Principal and interest and other expenses under Chapter 417 of the Acts of 1935, as amended by Chapter 205 of the Acts of 1937 7,330.86 587.50 $7,918.36 Total The. assessment for this year is about $43,000.00 higher than that for 1943 due to the conversion of the heating system from oil to solid fuel. As the work was not completed at the end of the year, the total cost could not be included in the assessment, and the balance will be carried in the 1945 assessment. A letter was received from the Division ofForestry approving the appointment of Roy A. Gook as Forest Warden for the Town of Lexington for the year 1944. A letter was received from Mr. George E. Graves, Chairman of the Lexington War Price and Rationing Board requesting the approval of Mr. John F. Sachetti as a Labor Member of the Price Panel. Mr. Sheldon moved that Mr. Sachetti be approved as a nominee for the Labor Member of the Price Panel. Mr. Locke seconded the motion, and it was so voted. Notice was received from Mr. Carroll Clerk of the Board of Registrars, advising that the following dates and places have been set for registration of new voters: Tues. Feb. 8, 1944 Tues. Feb. 15, 1944 Tues. Feb. 15, 1944 Wed. Feb. 23, 1944 Town Office Building Town Office Building Adams School Town Office Building 7 P.M. to 9 P. 2 P.M. to 5 P. 7 P.M. to 9 P. 12 noon to 10 Upon motion of Mr.. Locke, seconded by Mr. Sheldon, it was voted to approve the following licenses: Swenson Brothers 210 Marrett Road Past. of Milk William Viano 1794 Mass. Avenue Sunday Movies Mr. Writington t s bill Services and Disbursements in Warren was received. Mr. Locke moved that the bill be approved for payment. Mr. Sarano seconded the motion, and it was so voted. The Chairman asked the Board what time they wanted to Polls set for the opening of the polls at the Annual Town Election. Upon motion of Mr. Locke, seconded by Mr. Sarano, it was voted to have the polls open for the Annual Town Meeting from 8 A.M. until 8 P.M. in the amount of $93.45 for the case of Lexington v. 389 Forest Warden Labor Member Rationing Board Dates of Registra- tion egistra- tion Licenses Legal Bill 390 Plowing Unaccepted Streets Parking Area in Lex. Center The Chairman read a letter from Mr. Wrightington in regard to the law passed by the Legislature relative to permission for plowing unaccepted streets. According to Mr. Wrightington the act cannot be accepted unless 200 registered voters or 20% of the total number of registered voters sigg a petition to have the act placed on the ballot at an Annual Town Meeting. This act would give the Town permission to plow unaccepted streets legally. The Chairman said that he checked with Mr. Wrightington as to what would happen if this procedure was not followed, and Mr. Wrightington thought that Mri; Waddell might question the expenditure of money for plowing. He is going to prepare a petition for the Board to circulate to obtain the required number of sig- natures. At 9:00 P.M. Mr. Greeley, three members of the Planning Board, and about ten members of the Lexington Chamber of Commerce appeared before the Board. Mr. Greeley stated that this group had been studying the question of the parking area between Waltham Stretet and Muzzey Street to the West of Massachusetts Avenue. He said that the Planning Board wanted to present it to the Board of Selectmen to the extent of interesting the Board, and asking whether or not in its judgment, it would be wise to put an article in the warrant for the Annual Town Meeting, for a later meeting, or to let it go another year. Mr. Greeley said that they have considered putting through a street from the corner of Waltham Street and Massachusetts Avenue, nearer the Avenue than Vine Brook Road, and to take an area within the block between the street and -the rear of the properties facing the street for parking. They believe approximately 150 cars could be parked here. He said that the property facing Waltham Street, and facing Muzzey Sireet, would be, in their judgment, best used for,stores. Mr. Greeley submitted a mad el and explained in detail the project as far as the Planning Board and the Chamber of Commerce are concerned. The Chairman asked what the group wanted the Town to do, and Mr. Greeley replied to either take the street and entire parking area by purchase or by eminent domain. Mr. Sheldon asked how man; building there were in thearea, and Mr. Greely replied five wooden buildings and a shed or two in the middle. The Chairman asked about the need for parking space around the Center, and Mr. Caouette stated that each merchant in the Town_ had just received a letter from Chief Rycroft requestingthat no one abuse the parking facilities in the restricteone-hour parking zone. Mr. Bateman said that he and Mr. Ready had made a check on Saturday nights, and there was no parking space available any time between 4 o'clock and 8 o'clock on Saturday nights. The Chairman asked if they had decided how much should be parking space and how much should be building space. 4.4 Sy 1 1 Mr. Greeley replied that his Board had not come to any definite conclusion. Mr. Sheldon asked if any consideration had been given to the space at the rear of Patridge's and Wool- worth's, and if there was any reason why this could not be graded for parking. Mr. Greeley said there was no agreement among the owners yet as to its use. He said this area would probably take at least 75 cars. After further discussion, the Chamber of Commerce retired at 9:40 P.M. The Chairman informed the Planning Board that the Board has postponed any definite articles for the March meeting that would call for postwar expenditures. He said that there would be a 7eneral article to cover plans such as were discussed tonight... He said that he thought this was too much of a proposition to take up in such a short time. A lengthy discussion was held relative to postwar projects, and the possibility of a Special Town Meeting. The Chairman suggested that it might be well to appoint a Committee of five; possibly consisting of a member of the Board of Selectmen, a member of the Appropriation Committee, President of the Chamber of Commerce, Chairman of the Traffic Committee and Mr. Greeley, to study the parking situation. Mr. Greeley said that he felt would agree on such a Committee and any way. The Planning Board retired at the Planning Board would cooperate in 10:10 P.M. Mr. Caouette appeared before the Board. The Chairman said that he thought it would be well to disucuss Property the Mulliken property. Mr. Caouette said that as he under- stood it the Town would be interested in the property at a nominal figure, and he did not believe the Board was interested in a price over 0500.00. He said that he wrote to Otis Mulliken that as far as he could •make out from the discussion of the Planning Board, if the Town :were goidlgjo be interested in that land at all it was on the back landNight-of-way to Waltham Street. Mr. Caouette said that if the property were divided it mightadversely effect the front piece. He suggested to Mr. Mulliken that if he would consider the separating of the property a right-of-way should be con- sidered, and if he were interested in selling it to the Town of Lexington he should have in mind a figure of $3500.00. Mr. Otis Mulliken replied that he did not want to sell the Town or anyone else the land on Waltham Street until the front parcel had been disposed of. The Chairman said that inasmuch as the Town was not interested in the land where the house is, it will have to wait until the back land is available. Mr. Caouette retired at 10:26 P.m. 391 Mulliken 392 Local Advisory Comm. Morris Motors The Chairman read an Article submitted by the Lexington Community Committee on Rehabilitation and Employment, to see if the Town will recognize said Committee as the local Advisory Committee in accordance with the request of the Governor that each community appoint a local Advisory Committee on Veterans' Rehabilitation. Upon motion bf Mr. Sarano, seconded by Mr. Sheldon, it was voted to appoint the Lexington Community Committee on Veterans' Rehabilitation. Upon motion of Mr. Sarano, seconded by Mr. Sheldon, it was voted to appoint the .exington Community Committee on Veterans' Rehabilitation and Employment as the local Advisory Committee. The Chairman stated that the Lexington Community Committee on Veterans' Rehabilitation and Employment had sub- mitted a budget in the amount of 0200.00. Mr. Potter moved that the budget be approved. Mr. Sarano seconded the motion, and it was so voted. The Chairman asked the Board what action should be taken relative to Morris Motors operating as a second class dealer in motor vehicles without a license. The Board decided to write Mr. Wrightington advising that the Board had refused to granta:iieense because Morris Motors persists in parking cars in. the main street, and to ask what procedure should now be taken. The Board also wanted to know whether or not the check deposited by Morris Motors should be returned. The Chairman informed the Board that a deferment application pertaining to Mr. Paxton had been signed by him today and sent to the Selective Service Division. The meeting adjourned at 11:15 P.M. A true record, Attest: C' 11r/(A.-t44,