BOOK 19_1942-09-08 to 1945-05-07

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Councilman Granger stated that the Council had the right to revoke a license, to which Mr. McCarthy replied that it did only,if it could be proven that a nuisance iq being created. Councilman Granger asked if the permit could not be refused on the grounds that it was the opinion of the Council that a nuisance would be created, to which Mr. McCarthy replied that it was impossible to pre- judge jFinether or not a nuisance would.be created. Councilman Armstrong moved that the restaurant application be denied, seconded by Councilman Granger. Motion passed unanimously. Mr. Frank Rice appeared before the Council in regard to abatement proceedings against the boarding house conducted by his mother at 226 Edgewood Road, and asked if the Council would consider the conversation at the last meeting of the Council in regard to this matter, both pro and con, to be considered as before this meeting. He stated that Mrs. Rice would like to request that, due to the acute housing shortage due to war time conditions, any action be deferred on the abatement proceedings. Mayor Hilton allowed Mr. Rice's request in regard to conversation at the last meeting. City Attorney McCarthy advised the Council that abatement notices had been posted and that an effort was being made to minimize the aumiber of boarders. Councilman Armstrong stated he would like to see the usual procedure followed.' He stated that the Council can continue the matter from month to month and when the war is over the owner would have thirty days to abate the nuisance.. Councilman Anderson offered the resolution declaring the boarding house a nuisance and ordering its abatement, seconded by Councilman MckTulty, Motion passed unanimously. Mx". Rice asked if in being given the thirty days notice to abate the nuisance whether or not it would be necessary to give the boarders notice to move or if they could advise them that the matter would be postponed. Mayor Hilton advised Mr. Rice that the Council has given its assurance that no definite action would be taken until after the war. Mr. Gordon Dickerson appeared before the Council in support of the petition pro- testing the granting of a license to grow flowers commercially in the tract of land known as the Boicelli Tract. He stated the residents in that vicinity were very much opposed to the granting of such a permit because of it being a. commercial enterprise and particularly because the growing of flowers entails the use of an offensive fertilizer. He stated that Park Street had groom to become a residential area and he said there was almost an unanimous opposition to the granting of the permit. I . City Clerk Dodge read petition signed by seventy-five property owners requesting that permit be denied V. F. Bachar for growing flowers and vegetables in the Boicelli Tract. I -Ir. Frank DePatta spoke in behalf of his client, Mr. Bachar, requesting that the permit be granted, stating he intended to beautify the property which was, at present, an eyesore. Mr. E. H. Bean asked what type of fertilizer was to be used if the permit was granted. Mr. Bather's mother-in-law replied that the type of fertilizer would 1 P L -I (0 U