Eminent Domain Pond Taking Considered-This Day In Norwood History-June 16, 1971

Selectmen Deliberate Ellis Pond Acquisition, Testify in Racetrack Muffler Dispute, and Approve Route 1 Lum’s Restaurant

Selectmen will ask Norwood Town Counsel Walter J. Gotovich if eminent domain proceedings can be launched to obtain Ellis Pond from its owners. The board had met last night in executive session with representatives of Forte-Fairbairn, Inc., pond owners, and the conservation commission to discuss the town’s interests in the pond. Selectmen also deferred action on pond appraisals to the town counsel and the town engineer. The town engineer will also be instructed to study the Ellis Pond dam system for technical details. Selectmen have been negotiating for the 42-acre parcel containing the manmade pond for almost a year and last September the owners received appraisals of $73,000 and $52,000. Their previously quoted price was $350,000 based on the land’s use for residential development. The town wants the land for conservation and recreation. The pond water level was lowered in December for investigation of damages to an earth dam and two spillways, reported in poor condition by county commissioners. Area residents have voiced fears that the lowered pond could become a breeding ground for mosquitos during warm summer months. The town’s next step, however, was left unclear as Selectmen Chairman John F. Lydon said at the close of last night’s open session, “There is no new action on Ellis Pond at this time.”

Norwood Selectmen John F. Lydon and Joseph W. Wall testified yesterday at a hearing in Superior Court that recent federal and state actions against noise pollution had prompted their April decision to subject renewal of Norwood Arena’s amusement license to the condition that cars racing there be equipped with mufflers. The hearing, which will be continued at 10 a.m. Monday, was ordered by Superior Court Judge Frank W. Tomasello after Norwood Arena, Inc. obtained a court order to restrain the Norwood Selectmen from closing the arena while the company contests the new license restriction. According to Carl Merrill, the director of racing at the Norwood Arena, no race track in the country requires racing cars to be equipped with mufflers. Attorney John J. Mulvehill said such a requirement would, in effect, force the Norwood Arena to close. Both Mr. Lydon and Mr. Wall testified that the noise from racing at the arena had not to their knowledge increased appreciably over the past 24 years. But, Mr. Wall added, “I don’t know how the people have coped with this noise for so many years.” He testified that residents of District 9, adjoining the arena, were subjected to the most noise but residents from other areas of town had also complained to him about the noise.

Mr. Mulvehill told Hearing Master George N. Hurd Jr. that the town had been dealing with the same public officials and the same issues since 1969 and that the restrictions on the license were getting tighter with each annual renewal, although the noise at the race track had not changed appreciably. Mr. Mulvehill questioned Mr. Lydon and Mr. Wall why they hadn’t done anything until 1969 to effect a restriction on the noise from the arena. Mr. Wall responded that before 1969 he was not a selectman, and so had no authority to restrict the arena’s license. Mr. Lydon said the town population had approximately doubled in the past 24 years since the arena was first licensed and so more people are affected by the noise today. He testified that some residents have difficulty in leaving their windows open and getting their children to sleep Saturday nights when oval racing takes place. Mr. Mulvehill said that some of the residents who have complained about the noise want to put the Norwood Arena out of business. Arena officials discontinued drag racing, which is noisier than oval raceway, in 1969 because of a licensing restriction. Arena officials have agreed to the selectmen’s other requirements limiting racing to 34 days, concluding all events by 11:30 p.m. and giving three weeks’ notice to selectmen before afternoon events are held. Mr. Hurd will file a fact-finding report with Judge Tomasello when the hearing is concluded and the judge will rule whether the selectmen’s restriction on mufflers will go into effect.

Selectmen gave unanimous approval to the Mur-Man Corp.‘s second attempt to locate a Lum’s restaurant on Route 1 in Norwood. The facility will be built at 1381 Boston-Providence Highway; their attempt to locate at the corner of Summer Street failed last fall following residents’ objections. Atty. Thomas K. McManus read the board several letters from selectmen and town managers in area towns attesting to the high standards and pleasant appearance of the restaurant operator. Lums restaurants are located in over 400 municipalities. Mr. McManus said the sale of beer constitutes a minor part of the total sales, describing it as a “family restaurant” which will seat 120 customers. The 3,000-square-foot building, he added, will cost $85,000 with an additional $20,000 for equipment. Three abutters were present to object to the plan because of what they called hazardous traffic problems on Route 1. Charles E. Sauer of 1378 Boston-Providence Highway feared the beer and wine license would lead to other liquor licenses, but was told by Atty. McManus the franchise agreement permitted no hard liquor, just beer.

Selectmen also approved the transfer of all-alcoholic and common victualler’s licenses for Joanne Kelly, Inc. from the present owners of the Trianon Cafe, 1053 Washington St. Upon a suggestion from town manager Walter A. Blasenak, the licenses were granted pending a legal procedure to determine if the change has the complete approval of the present owner.

Rejected for the second time was a request for a Class II license to sell used cars by Mrs. Jacqueline Troiani at 999 Washington St. Mrs. Troiani had requested a hearing on the reason her initial request was rejected. She was represented by Atty. Bernard R. Kafka. Selectmen’s reasoning that one member of the family already held a Class II license for a business on Route 1 was held to be unfair by Atty. Kafka, who explained the owner was not her husband but her brother-in-law. He made the comparison of brothers becoming lawyers even if one is already in the family. This analogy was considered “an entirely different story” by Mr. Wall who proposed the board hold the request to hear from the Norwood Automobile Dealers’ Association for their advice. A representative of the dealers’ group said the Troiani property on Route 1 was not up to his association’s standards. Mr. Kafka also hinted at the possible merging of the two small companies within a year’s time, as Mr. Wall suggested he talk to the dealers’ association and present the idea to them. “They know more about automobiles than we, the board of selectmen,” said Mr. Wall. A motion was quickly and unanimously passed by selectman Charles L. Rich to deny the request, stating, “At this location, the operation is not in the public interest.”

In other action, the selectmen approved the appointment of Wilfred C. Chesebrough of their transportation committee to represent them in meetings with the governor’s Total Transportation Restudy Committee as a member of the four-town railroad task force. They instructed the manager to have cards printed up for Dog Officer Angelo Iodice to leave at homes he visits where no one is at home. They also promised him a police cruiser when new ones are purchased for the police department in the fall. It will be an old cruiser and Mr. Iodice volunteered to paint it himself and mark it “Dog Officer” “so they’ll see me coming.” The board received an invitation to dedication ceremonies naming the bridge over Route I-95 after the late John Abdallah at 6 p.m. June 18, with a reception to follow at the Abdallah home.

Approved Aug. 17 as the date for the Jaycees circus to be held at Norwood Arena.

Susan Roy, daughter of Mr. and Mrs. Paul Roy of 125 Walpole St., and Antoinette Manfro, daughter of Mr. and Mrs. John R. Manfro of 1126 Washington St., have been named first and second prize winners in the Canton Art Association’s annual scholarship competition. Given for excellence in art, Miss Roy was awarded $300 and Miss Manfro, $200. Miss Roy, who has been accepted to several colleges, graduated last week and plans to study art education. She also received the Norwood Lodge of Elks Art Scholarship. Miss Manfro, a 1970 graduate, will attend the State College in Framingham in one of its first classes working toward a Bachelor of Arts degree in Art.

The Norwood chapter of Disabled American Veterans will hold its Forget-Me-Not Drive tomorrow and Friday. Solicitors will be placed at all shopping centers and business areas. Each contributor will receive a flower for his donation. All donations will be used to help needy veterans and will be greatly appreciated.

Members of Pulse, Inc., Norwood’s hotline, reported $1,375 collected as a result of their house-to-house canvass last Sunday. Pulse workers reminded residents who were not reached by the 57 canvassers that they may mail contributions to Pulse, Box 273, Norwood.