HomeMy WebLinkAbout1944-01-24 386
SELECTMEg 'S MEET ING
January 24, 1944 ,
A regular meeting of the Board of Selectmen was held
in the Selectmen' s Room, Town Office Building, on Monday
evening, January 24, 1944, at 7 :30 P.M. Chairman Rowse,
Messrs . Potter, Locke, Sarano and Sheldon were present.
The Clerk was also present .
At 7 :30 P.M. Mr. James J Carroll appeared before the
Board for the drawing of two jurors .
Jurors Mr. Warren P. Welsh, plumber, 99 Waltham Street , was
drawn to serve on Criminal Business, First Session at Lowell
beginning Tuesday, March 7, 1944.
Mr. Elmer B. Mason, electrician, 14 Brandon Street,
was drawn to serve on Civil Business , Second Session at
Cambridge beginning Monday, February 14, 1944.
Mr Carroll retired.
At 7 :31 P.M. hearing was declared open upon the
Phillips ' petition of twelve residents of the Fair Oaks neighborhood
Dog complaining that a dog owned by one Mr. William S. Phillips,
Hearing 6 Fair Oaks Drive, was a nuisance by reason of its vicious
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, s n
naue
., The Chairman rear. t _e law., aopl; ifig
to vicious hogs , 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 veterinary, , and he
was so badly hurt that the vetertiharg- 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.
387
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 '-hat
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
apparent 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 said that 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 badly' dhewed 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 S. 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 when his 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
muzzii®d.
The Chairman stated that Mr. Phillips had already
admitted tint 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 was declared closed, and the
group retired.
Sgt . Russell said that the dog seemed to be a
friendly dog.
Hen t red at 8 :15 P.M.
388
Secretary Albert G. Frothingham and three members
of the Lexington Allied Veterans Council appeared before
19th the Board.
April The Chairman said that the buc'get presented by this
Comm. 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 shoi,ld 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 Ifrbands 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 arranged, 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
Postwar Selectmen, or a representative to attend a meeting of City
Meeting 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.
Youth No action was taken on the letter from Governor
Guidance 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
Postwar 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 :
389
Care and maintenance $7,330.86
Principal and interest and other
expenses under Chapter 417 of the
Acts of 1935, as amended by Chapter
205 of the Acts of 1937 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 of Forestry Forest
approving the appointment of Roy A. cook as Forest Warden Warden
for the Town of Lexington for the year 1944.
A letter was received from Mr. George E. Graves, Labor
Chairman of the Lexington War Price and Rationing Board Member
requesting the approval of Mr. John F. Sachetti as a Labor Rationing
Member of the Price Panel. Board
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 Dates of
Board of Registrars , advising that the following dates and Registra-
places have been set for registration of new voters : tion
Tues . Feb. 8, 1944 Town Office Building 7 P.M. to 9 P.M.
Tues Feb. 15, 1944 Town Office Building 2 P.M to 5 P.M.
Tues. Feb. 15, 1944 Adams School 7 P.M. to 9 P.M
Wed. Feb. 23, 1944 Town Office Building 12 noon to 10 P.M.
Upon motion of Mr. Locke, seconded by Mr Sheldon, it Licenses
was voted to approve the following licenses :
Swenson Brothers 210 Marrett Road Past. of Milk
William Viano 1794 Mass. Avenue Sunday Movies
Mr. Wrightingtonts bill in the amount of 093.45 for Legal
Services and Disbursements in the case of Lexington v. Bill
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.
390
Sy
The Chairman read a letter from Mr. Wrightington
Plowing in regard to the law passed by the Legislature relative
Unaccepted to permission for plowing unaccepted streets According
Streets 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 Mr*
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
Parking Planning Board, and about ten members of the Lexington
Area in Chamber of Commerce appeared before the Board.
Lex. Center Mr. Greeley stated that this group had been studying
the question of the parking area between Waltham Street
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
requesting that no one abuse the parking facilities in the
restricted one-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.
391
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 -eneral 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 the Planning Board
would agree on such a Committee and would cooperate in
any way.
The Planning Board retired at 10 :10 P.M.
Mr. Caouette appeared before the Board. The Mulliken
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 goinzjo be interested
in that land at all it was on the back land/ ight-of-way
to Waltham Street. Mr. Caouette said that if the property
were divided it mightadverselr 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.
392
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
Local Advisory Committee in accordance with the request of the
Governor that each community appoint a local Advisory
Advisory Committee on Veterans ' Rehabilitation.
Comm. Upon motion of 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 .
'Fie Chairman stated that the Lexington Community
Committee on Veterans ' Rehabilitation and Employment had sub-
mitted a budget in the amount of X200.00.
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. Wrightingtor advising
that the Board had refused to grant a. license because Morris
Morris Motors persists in parking cars in the main street, and to
Motors 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 :
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