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HomeMy WebLinkAboutVILLAGE GREEN WEST N°R7M TOWN OF NORTH ANDOVER OE iivu ,e 9N 32 bl qr, .....y •e °� ° — p 'Ia'b+niEo•va`�Cj DANIEL LONG, Town Clerk TOWN BUILDING a 9SSACHUSEt ELECTION DEPARTMENT NORTH ANDOVER, MASS. 01845 ` November 20, 1979 To Whom it May Concern: Please be advised that at the April 23, 1977 Annual Town Meeting, it was voted under Article 5, Item 42, to appropriate $111, 371 for Salaries and $25. 000 for expenses for the purpose of refuse disposal. ATTEST: A T COPY DANIEL N TOWN CLERK t4' i i NQRTM TOWN OF NORTH ANDOVER QE St4F0 .qHQ f �, +'+,.� .•"`1y DA.NM LONG, Town Clerk TOWN BUILDINGI 9 SSACNUSE ELECTION DEPARTMENT NORTH ANDOPER, MASS. 01846 November 20, 1979 To Whom it May Concern: Please be advised that at the April 22, 1978 Annual Town Meeting, , it was voted under Article 5, Item 42 to appropriate $129,915 for Salaries and $30,000 for expenses for the purpose of refuse disposal. ATTEST: A TRUE COPY DANIEL LONG TOWN CLERK `s I • t NOR T" TOWN OF NORTH ANDOVER Of oto 4 tt �eeb0 *A1.0 ,A�q DANIEL LANG, Town Clerk TOWN BUILDING Y �SSACHUSF� ELECTIONDEPARTMENT NORTH ANDOVER, HASS. 01845 ` November 20, 1979 To Whom it May Concern: Please be advised that at the May 29, 1979 Annual Town Meeting, it was voted under Article 8, Item 42 to appropriate $132 . 307 for salaries and $32,000 for expenses for the purpose of refuse disposal. ATTEST: A TRU COPY ANIEL LONG TOWN CLERK NpRT� , TOWN OF NORTH ANDOVER 3j 4e, a OL + ' 41DANIEL LONG, Town Clerk TOWN BUILDING L y�SSgC14U5�g9 ELECTION DEPARTMENT NORTH ANDOVER. MASS. 01845 1 November 20, 1979 a 1 t t r i i Article 48. To see if the Town will vote to raise and appropriate the sum of $5p000 to be expended under the direction of the Highway Surveyor for the purpose of providing the service of rubbish collection to the unit-owners of Village Green West condondniums. t f Petition of the Louis S. Scaturros and others. i i 4 J ATTEST: A,TRUE COP -,�; ANIEL TOWN CLERK t t NQRTH TOWN OF NORTH ANDOVER Q<�i�ao O DANIEL LONG, Town Clerk TOWN BUILDING 9SSAC14USE� ELECTION DEPARTMENT_ NORTH ANDOVER. MASS. 01845 E November 20� 1979 t _ t F i To Whom it May Concern: At our Annual Town Meeting held May 29,1979 the following Article was acted upon. ARTICLE 48, to see if the Town will vote to raise and appropriate the sum of $5,000 to be expended under the direction of the Highway Surveyor for the purpose of providing the service of rubbish collection to the unit- craners of Village Green West condominiums. F 1 1 $ VOTED TO REJECT THIS ARTICLE. f ATTEST: A TR Icon LEL G i TOWN CLERK j (i{ f 3A 1 f j 1 town of North Andover Extracts from Board of Selectmen minutes dealing with Villiage Green West request• ing fbr trash pick-up of Town . November 27 , 1978 Meeting VILLAGE GREEN WEST : Members of the Board of Trustees appeared before the Board requesting a status -up by the Town . They stated that , as they report on the problem of trash pick pay taxes on their homes like everyone else , they are entitled to town services . - Board advised them that it had been referred to Town Counsel who was doing research on the matter. Board will send another letter to Town Counsel requestin an answer as soon as possible . Trustees tated that they had conferred with the Highway Surveyor who siad he would not collect the trash until the street was adjudicated . The Trustees stated that they did not want to adjudicate the street at this time , but did think they were entitled to the trash pick-up services . Louis Scaturro , 58 kingston Street , was the spokesman for the group . Members present : Guthrie , Salisbury , Joyce , with Chairman Coady . December 4th , 1978 Meeting VILLAGE GREEN WEST : Letter received from Atty , Edward F. Gregg respectfully demanding , on behalf of the trustees and 'unit owners of Village Green West Condominums , that the Town of North Andover furnish to . all of the unit owners of the Village Green West Condominiums the service of rubbish collection . They feel that , as property owners and taxpayers of the Town of North Andover , they are entitled to this service along with the other property owners of the Town . They added that they would be happy to attend any hearing the Board may hold to present their views . Atty . Gregg thought the rubbish collection was under the jurisdiction of the Public Works . Selectmen inform him that his Itletter was voted will be forwarded to the proper department , the Highway Dep t .to authorize the Chairman to communicate with the Highway Surveyor and his , input and recommendations be submitted to Brian Sullivan for next meeting. Members present : Guthrie , Salisbury , Joyce , with Chairman Coady . January 22 , 1979 Meeting VILLAGE GREEN WEST : Residents from the Village Green condiminiums appeared before the Board once again seeking trash pick-up service . They stated that they were taxpayers as well as other home owners and thought they should be entitled to trash pick-ups . They were willing to place trash in barrells instead of the dumpsters if that was requred . Mr . Scoturro stated that he had talked to the Highway ashSurveyor who was sympathetic to the problem but still would not pick-up the from Town Counsel stated that it was his opinion that the Village Green resident: are entitled to the same consideration as any other taxpayer and should have the requested trash pick-up . Letter from Highway Surveyor in essence stated that th sudden impact such a large complex would have on his rubbish budget would make it impossible for more department , financially , or for the mean and equipment to undertake trash pick-up at this time . Secondly , it was not his policy to pick-u rubbish at any multi unit complexes . It would taken town meeting action to chap the department ' s policy. in this regard . He also stated that the department does not have the necessary equipment to make such collections . Selectmen Coady stat that Cyr thinks it is within his perview to make the decision despite the deter- mination made in Town Counsel ' s letter . It was, brought out that police and fire protection would be given to the apartments but despiteincethey have becomimioidimini o trash pickup de for provision has been ma P P rov told ums no p s homes . The residents were o d assessed valuation for taxation are the same a to refer their requests to the HighWa,� Survuor Chairman Guthrie . Members present : McEvoy , Joyce , Sales ury , Y � February 26 , 1979 Meeting' Voted to close the Warrant . Louis Scurito , representing residents of Village Green West , appeared before the Board a petition for an Article in the Warrant which asks the Town to vote on providing rubbish disposal services to the condominiums . The Article requested no appropriation . The Chairman advised him that the Warrant was already closed and that , as a policy , the Board does open for citizen articles unless there are real extenuating circumstances . Of more concern to the Board than this , however , was the fact that there was no request for an appropriation . The usual practice at Town Meeting is that any request for a new service or new personnel is put in an article form and identifies the ,costs of providing this new service . Members present : Coady , Salisbury , Joyce , and Chairman Guthrie March 5 , 1979 Meeting Warrant Opended : The Selectmen opened the warrant to include an Article from Village Green West condiminium residents petitioning for trash collections . Warrant was then closed . Article will be referred to the Board of Registrars for verification . of signatures . Vote was 3 to 2 . Coady and Joyce opposed . Members present : Coady , McEvoy , Salisbury , Joyce , Chairman Guthrie t August 13 , 1979 Meeting : VILLAGE GREEN WEST-SPECIAL COUNSEL : ' Brian Sullivan advised the Selectmen that Town Counsel had indicated that he had prejudiced himself in the above-named case and that it would be best if a Special Town Counsel were appointed to handle it . The Board voted to authorize Brian Sullivan to contact lawyers Wiliiam Duffy , Jr . , Thomas D . Burns, and Clifford Elias asking if they would be interested to be considered for this case . They were asked to contact the Selectmen ' s Office if they were interested , stating their proposed arrangement for remuneration , before the August 27th meeting of the Board . Members present : Guthrie , on vacation , Salisbury, Joyce , Graham , Chm. McEvoy ( August 27 , 1979 Meeting SPECIAL COUNSEL-VILLAGE GREEN WEST : The matter of appointing a Special Town Counsel to represent the town vs . the Village Gre,en , West re the collection of trash for the condiminiums was discussed . ; Selectmen Ralph Joyce stated the outcome of this case could affect many other towns and cities where 'condiminiums exist and lawyers like Attys . Daniels and O ' Brian of Andover who have the expertise should be seriously considered . Select.- men Guthrie stated that North Andover had capable attorneys and although there was no question that Selectmen Joyce ' s suggestion was in order he was convinced that Atty . William B . Duffy , Jr . has the where-with -all to conduct the case . He made a motion to appoint Duffy which was seconded by Selectman Salisbury. Select- men Graham said that Duffy ' s response seemed adequate . Chairman McEvoy agreed with Joyce that this case would be important to all other communities besides North Andover and stated that he thought Atty . Thomas Burns had the necessary expertise . Selectmen Salisbury stated that he agreed Atty. Burns was sell respecec as a lawyer but he questioned his rates and stated' that it was a matter of dollars and cents . The Board voted to appoint Atty . William B . Duffy , Jr . as Special Town Counsel for the Village Green case. He will be so notified. Members present : Guthrie , Salisbury , Joyce , Graham with Chairman McEvoy . July 2 , 1979 COMPLAINT AGAINST TOWN BY TRUSTEES OF VILLAGE GREEN WEST . Received a complaint filed by the owners of Villiage Green West Condomiums at Court concerning rubbish collection . Voted to have Town Counsel handle the case provided he is able to do so . Members Present : Guthrie , Salisbur , Joyce , Graham Chairmann McEvoy . N i f °RTk TOWN OF NORTH ANDOVER oE,, Eo ,a 6 ► i DANIEL 3/9 LONG, Town Clerk aOa+rco ° i+(h TOWN BUILDING SSAC HUSE ELECTION DEPARTMENT NORTH AVDOVER, MASS. 01843 November 20, 1979 To Whom it May Concern: Please be advised that at the April 23, 1977 Annual Town Meeting, it was voted under Article 5, Item 42, to appropriate $111, 371 for Salaries and $25.000 for expenses for the purpose of refuse disposal: ATTEST: A T COPY DANIEL N TOWN CLERK t - i i I • I ,,,ORT„ TOWN OF NORTH ANDOVER Ot t �.p •^,HO 01 R DANDTd. LONG, Town Clerk TOWN BUILDING �9 SqCNOSE�9 ELECTION DEPARTMENT NORTH ANDOVER, MASS. 01843 i November 20, 1979 To Whom it May Concern: Please be advised that at the April 22, 1978 Annual Town Meeting, ,it was voted under Article 5, Item 42 to appropriate $129,915 for Salaries and $30,000 for expenses for the purpose of refuse disposal. ATTEST: A TRUE COPY DANIEL LONG TOWN CLERK I i { NORT TOWN OF NORTH ANDOVER Of ta u ra A'v0 4Ar..0:11�g DANIEL LONG, Town Clerk TOWN BUILDING i ,SSACHUS� ELECTION DEPARTMENT - NORTH ANDOVER. MASS. 01845 November 20, 1979 To Whom it May Concern: Please be advised that at the May 29, 1979 Annual Town Meeting, it was voted under Article 8, Item 42 to appropriate $132 . 307 forsalariesand $32, 000 for expenses for the purpose of refuse disposal. - ATTEST: isposal. -ATTEST: A TRU COPY ANIEL LONG TOWN CLERK NORTH TOWN OF NORTH ANDOVER O A c a DANm LONG, Town Clerk TOWN ]BUILDING L 9SSACHUS� ELECTION DEPARTMENT NORTH ANDOVER, MASS..01645 November 20s 1979 i i Article 48. To see if the Town will vote to raise and appropriate the sum of $5,Ooo to be expended under the direction of the Highway Surveyor for the purpose of providing the service of rubbish collection to the unit-owners of Village Green West condominiums, Petition of the Louis S. Scaturros and others. i ATTEST: A RC1E C 0 'Y / M19 G TOWN CIERK t I r i r — HDRr� TOWN OF NORTH ANDOVER T D S1LE� I•,tiO DG 49 2 _ b K .,,r.o �y DANIEL LONG, Town Clerk TOWN BUILDING} i �ITS ACHU5�t ELECTION DEPARTMENT NORTH ANDOVER. MABs. 01843 November 20, 1979 To Whom it May Concern: At. our Annual To•-an Meeting held May 29,1979 the following Article was acted upon. ARTICIE 48. to see if the Town will vote to raise and appropriate the sum of $5,000 to be expended under the direction of the Highway Surveyor for the purpose of providing the service of rubbish collection to the unit- a•,mers of Village Green West condominiums. VOTED TO REJECT THIS ARTICLE. ATTEST: A TR COPY ANIEL G TOWN CIERK Town of North Andover Extracts from Board of Selectmen minutes dealing with Villiage Green West request- ing for trash pick-up of Town . November 27 , 1978 Meeting VILLAGE GREEN WEST : Members of the Board of Trustees appeared before the Board requesting a status report on the problem of trash pick-up by the Town . They stated that , as they pay taxes on their homes like everyone else , they are entitled to town services . Board advised them that it had been referred to Town Counsel who was doing research on the matter. Board will send another letter to Torun Counsel requesting an answer as soon as possible . Trustees tated that they had conferred with the . Highway Surveyor who siad he would not collect the trash until the street was adjudicated . The Trustees stated that they did not want to adjudicate the street at this time , but did think they were entitled to the trash pick-up services . Louis Scaturro , 58 kingston Street , was the spokesman for the group . Members present : Guthrie , Salisbury , Joyce , with Chairman Coady . December 4th , 1978 Meeting VILLAGE GREEN WEST : Letter received from Atty , Edward F. Gregg respectfully demanding , on behalf of the trustees and unit owners of Village Green West Condominums , that the Town of North Andover furnish to all of the unit owners of the Village Green West Condominiums the service of rubbish collection ._ __They feel that, as property owners and taxpayers of the Town of North Andover , they are entitled to this service along with the other property owners of the Town . They added that they would be happy to attend any hearing the Board may hold to present their views . Atty . Gregg thought the rubbish collection was under the jurisdiction of the Public Works . Selectmen inform him that his letter will be forwarded to the proper department , the Highway Dept . It was voted ! to authorize the Chairman to communicate with the Highway Surveyor and his Cinput and recommendations be submitted to Brian Sullivan for next meeting . Members present : Guthrie , Salisbury , Joyce , with Chairman Coady . January 22 , 1979 Meeting VILLAGE GREEN WEST : Residents from the Village Green condiminiums appeared before the Board once ervice . They stated that they were taxpayers as again seeking trash pick-up s thought they should he entitled to trash pick-ups . ash in barrells instead of the dumpsters i well as other home owners and f that They were willing to place tr was requred . Mr . Scoturro stated that he had talked to the Highway Surveyor who was sympathetic to the problem but still would not pick-up the trash . A letter it was his opinion that the Village Green residents from Torun Counsel stated that are entitled to the same consideration as any other taxpayer and should have the requested trash pick-up . Letter from Highway Surveyor in essence stated that the sudden impact such a large complex would have on his rubbish budget would make it impossible for more department , financially , or for the mean and equipment to undertake trash pick-up at this time . Secondly , it was not his policy to pick-up rubbish at any multi unit complexes . It would taken town meeting action to chang the department ' s policy. in this regard . He also- stated that the department does not have the necessary equipment to make such collections . Selectmen Coady state that Cyr thinks it is within his perview to make the decision despite the deter- mination made in Town Counsel ' s letter. It was brought out that police and fire protection would be given to the apartments but since they have become condiminiL no provision has been made for trash pickup despite the fact the condimimiums assessed valuation for taxation are the same as homes . The residents were told to refer their re uests to the Highwa,�uSurveyor . Members present : �1cEvoy , Joyce , Salis ry , Coady , Chairman Guthrie . February 269 1979 Meeting ' Voted to close the Warrant . Loui § Scurito , representing residents of Village Green West , appeared before the Board a petition for an Article in the Warrant which asks the Town to vote on providing rubbish disposal services to the condominiums . The Article requested no approp-riation . The Chairman advised him that the Warrant was already closed and that , as a policy , the Board does open for citizen articles unless there are real extenuating circumstances . Of more concern to the Board than this , however , was the fact that there was no request for an appropriation . The usual practice at Town Meeting is that any request for a new service or new personnel is put in an article form and identifies the ,costs of providing this new service . Members present : Coady , Salisbury , Joyce , and Chairman Guthrie March 5 , 1979 Meeting Warrant Opended : The Selectmen opened the warrant to include an Article from Village Green West condiminium residents petitioning for trash collections . Warrant was then closed . Article will be -referred to the Board of Registrars for verification of signatures .- Vote was 3 to 2 . Coady and Joyce- opposed . Members present : Coady , McEvoy , Salisbury , Joyce , Chairman Guthrie August 13 , 1979 Meeting " VILLAGE GREEN WEST-SPECIAL COUNSEL : Brian Sullivan advised the Selectmen that Town Counsel had indicated that he had prejudiced himself in the above-named case and that it would be best if a Special Town Counsel were appointed to handle it . The Board voted to authorize Brian Sullivan to contact lawyers Wiliiam Duffy , Jr . , Thomas D . Burns , and Clifford Elias asking if they would be interested to be considered for this case . They were asked to contact the Selectmen ' s Office if they were interested , stating their proposed arrangement for remuneration , before the August 27th meeting of the Board . Members present : Guthrie , on vacation , Salisbury , Joyce , Graham , Chm. McEvoy August 27 , 1979 Meeting SPECIAL COUNSEL-VILLAGE GREEN WEST : The matter of appointing a Special Town Counsel to represent the town vs . the Village Green , West re the collection of trash for the condiminiums was discussed . Selectmen Ralph Joyce stated the outcome of this case could affect many other - towns and cities where ' condiminiums exist and lawyers like Attys . Daniels and ( O ' Brian of Andover who have the expertise should be seriously considered . Select- men Guthrie stated that North Andover had capable attorneys and although there was no question that Selectmen Joyce ' s suggestion was in order he was convinced th.at Atty . William B . Duffy , Jr . has the where-with -all to conduct the case . He made a motion to appoint Duffy which was seconded by Selectman Salisbury. Select- men Graham said that Duffy ' s response seemed adequate . Chairman McEvoy agreed with Joyce that this case would be important to all other communities besides North Andover and stated that he thought Atty . Thomas Burns had the necessary expertise . Selectmen Salisbury stated that he agreed Atty. Burns was sell respeced as a lawyer but he questioned his rates and stated' that it was a matter of dollars and cents . The Board voted to appoint Atty . William B . Duffy , Jr . as Special Town Counsel for the Village Green case. He will be so notified . Members present : Guthrie , Salisbury , Joyce, Graham with Chairman McEvoy . 0j ]y 2 , 1 ,ji9 COMPLAINT AGAINST TOWN BY TRUSTEES OF VI 0 AGE GREEN WEST Received a complaint filed by the cwners of ViIIiage Green Wst Condmiums at Court concerning rubbish collection . tioted to lave Tows Counsel Iiandfe the case provided he is able to do so. Members present : Guthrie , Salisbury , Joyce , Graham, Chairman McEvoy. f pORTF/ q TOWN OF NORTH ANDOVER t { q e y `0+,,,D•,'"Sq DANIEL LONG,Town Clerk TOWN BUILDING i ACHUSEt ELECTION DEPARTMENT NORTH ANDOVER, MASS. 01845 November 20, 1979 To Whom it May Concern: Please be advised that at the April 23, 1977 Annual Town Meeting, it was voted under Article s, Item 42, to appropriate $111, 371 for Salaries and - $25.000 for expenses for the purpose of refuse disposal. ATTEST: A T COPY DANIEL N TOWN CLERK F f 1 KORry TOWN OF NORTH ANDOVER pM "-t o ,e,HO 'V, - e OL DA_-KIEL LONG, Town Clerk TOWN BUILDING 'S/ �OnnrE° °0.v'lh 'SSACHUSELECTION DEPARTMENT NORTH ANDOVER, 3fAss. 01845 November 20, 1979 To Whom it May Concern: Please be advised that at the April 22, 1978 Annual Town meeting I" it was voted under Article S, Item 42 to appropriate $129,915 for Salaries and $30,000 for expenses for the purpose of refuse disposal. ATTEST: A TRUE COPY DANIEL L NQ TOWN CLERK i i } NORM TOWN OF NORTH ANDOVER OE,tco .y.1�0 H A 'rs 9�Os•.ao„.",�g DANIEL LONG, Town Clerk _ TOWN BUILDING l 9SSAcmUs ELECTION DEPARTMENT NORTH ANDOVER, EIAs. 01845 November 20, 1979 To Whom it May Concern: Please be advised that at the May 29, 1979 Annual Town Meeting, it was voted under Article 8, Item 42 to appropriate $132. 307 forsalariesand $32,000- for expenses forthepurpose of refuse disposal. ATTEST: A TRU COPY ANIEL LONG TOWN CLERK NpRTH TOWN OF NORTH ANDOVER pf �co e�Hp p gOR••liG PpPDANIEI. I.oNa, Town Clerk TOWN BUILDING 1 9SSACNUSE� ELECTION DEPARTMENT NORTH ANDOVER. MASS. 01845 s November 20., 1979 t i I 1 i Article 48. To see if the Town will vote to raise and appropriate the sum of $5,000 to be expended under the direction of the Highway Surveyor for the purpose of providing the service of rubbish collection to the unit-owners of Village Green West condominiums. l Petition of the Louis S. Scaturros and others, k t } ATTEST: f A RUE COP 1 f / / .r`Jb / TOWN GIERK f t k ` NpRTh TOWN OF NORTH ANDOVER pEt+ .o a,HQ pL O P SS CH DANIEL LONG, Town Clerk TOWN BUILDING ELECTION DEPARTMENT NORTH ANDOVER. MASS. 01845 t November 20, 1979 To Whom it May Concern. At our Annual Town Meeting held May 29,1979 the following Article was acted upon. ARTICIE 48. to see if the Town will vote to raise and appropriate the sum of $5,000 to be expended under the direction of the Highway Surveyor for the purpose of providing the service of rubbish collection to the unit- o;mers of Village Green West condominiums. r VOTED TO REJECT THIS ARTICIE. i f ATTEST. A TR COPY IEL G TOWN CLERK F Town of North Andover Extracts from Board of Selectmen minutes dealing with Villiage Green West request- ing for trash pick-up of Town . November 27 , 1978 Meeting VILLAGE GREEN WEST : Members of the Board of Trustees appeared before the Board requesting a status report on the problem of trash pick-up by the Town . They stated that , as they pay taxes on their homes like everyone else , they are entitled to town services . Board advised them that it had been referred to Town Counsel who was doing research on the matter. Board will send another letter to Town Counsel requesting an answer as soon as possible . Trustees tated that they had, conferred with the Highway Surveyor who siad he would not collect the trash until the street was adjudicated . The Trustees stated that they did not want to adjudicate the street at this time , but did think they were entitled to the trash pick-up services . Louis Scaturro , 58 kingston Street , was the spokesman for the group . Members present : Guthrie , Salisbury , Joyce , with Chairman Coady . December 4th , 1978 Meeting VILLAGE GREEN WEST : Letter received from Atty , Edward F. Gregg respectfully demanding , on behalf of the trustees and unit owners_ of ,Village Green West Condominums , that the Town of North Andover furnish to all of the unitownersof the Village Green Went Condominiums the service of rubbish collection . They- -feel__that as property owners and taxpayers of the Town of North Andover , they are entitled -- to this service along with the other property owners of the Town . They- added that they would be happy to attend any hearing the Board may hold to present their views . Atty . Gregg thought the rubbish collection was under the I jurisdiction of the Public Works . Selectmen inform him that his letter will be forwarded to the proper department , the Highway Dept . It was voted to authorize the Chairman to communicate with the Highway Surveyor and his input and recommendations be submitted to Brian Sullivan for next meeting . Members present : Guthrie , Salisbury , Joyce , with Chairman Coady .- January 22 , 1979 Meeting '{ VILLAGE GREEN WEST : r Residents from the Village Green condiminiums appeared before the Board once again seeking trash pick-up service . They stated that they were taxpayers as well as other home owners and thought they should be entitled to trash pick-ups . They were willing to place trash in bar instead of the dumpsters if that was requred . Mr . Scoturro stated _-that he had talked to the Highway Surveyor who was sympathetic to the problem but still would not pick-up the trash . A letter from Town Counsel stated that it was his opinion that the Village Green residents are entitled to the same consideration as an y other taxpayer and shoul d have the requested trash pick-up . Letter from Highway Surveyor in essence stated that the sudden impact such a large complex would have on his rubbish budget would make it impossible for more department , financially , or for the mean and equipmentpicto undertake- trash pick-up at this time . Secondly , it was not his policy rubbish at any multi unit complexes . It would taken town meeting action to chant the department ' s policy. in this regard . He also stated that the department does not have the necessary equipment to make such collections . Selectmen Coady state that Cyr thinks it is within his perview to make the decision despite the deter- mination made in Town Counsel ' s letter. It was, brought out that police and fire protection would be given to the apartments but since they have become condiminit no provision has been made for trash pickup despite the fact the condimimi,ums assessed valuation for taxation are the same as homes . The residents were told to refer their requests to the HighWa,� Surveyor . Members present : McEvoy , Joyce , Salis ury , Coady , Chairman Guthrie . February 26 , 1979 Meeting' Voted to close the Warrant . Louis Scurito , representing reside-nts of Village Green West , appeared before the Board a petition for an Article in the Warrant which asks the Town to vote on providing rubbish disposal services to the condominiums . The Article requested no , appropriation . The Chairman advised him that the Warrant was already closed and that , as a policy , the Board does open for citizen articles unless there are real extenuating circumstances . Of more concern to the Board than this , however , was the fact that there was no request for an appropriation . The usual practice at Town Meeting is that any request for a new service or new personnel is put in an article form and identifies the .costs of providing this new service . Members present : Coady', Salisbury , Joyce , and Chairman Guthrie March 5 , 1979 Meeting Warrant Opended : The Selectmen opened the warrant to include an Article from Village Green West condiminium residents petitioning for trash collections .-- Warrant was then closed . Article will be referred totheBoard of Registrars for verification of signatures . Vote was 3 to 2 . Coady and Joyce opposed . Members present : Coady , McEvoy , Salisbury , Joyce , Chairman Guthrie August 13 , 1979 Meeting VILLAGE GREEN WEST-SPECIAL COUNSEL : Brian Sullivan advised the Selectmen that Town Counsel had indicated that he had prejudiced himself in the above-named case and that it would be best if a Special Town Counsel were appointed to handle it . The Board voted to authorize Brian Sullivan to contact lawyers William Duffy , Jr . , Thomas D . Burns , and Clifford Elias asking if they would be interested to be considered for this case . They were asked to contact the Selectmen ' s Office if they were interested , stating their proposed arrangement for remuneration , before the August 27th meeting of the Board . Members present : Guthrie , on vacation , Salisbury , Joyce , Graham , Chm . McEvoy August 27 , 1979 Meeting SPECIAL COUNSEL-VILLAGE GREEN WEST: The matter of appointing a Special Town Counsel to represent the town vs . the Village GreenfWest re the collection of trash for the condiminiums was discussed . Selectmen Ralph Joyce stated the outcome of this case could affect many other towns and cities where condiminiums exist and lawyers like Attys . Daniels and O ' Brian of Andover who have the expertise should be seriously considered . Select, men Guthrie stated that North Andover had capable attorneys and although there was no question that Selectmen Joyce ' s suggestion was in order he was convinced that Atty . William B . Duffy , Jr . has the where-with -all to conduct the case . He Imade a motion to appoint Duffy which was seconded by Selectman Salisbury . Select- men Graham said that Duffy ' s response seemed adequate . Chairman McEvoy agreed with Joyce that this case would be important to all other communities besides 'North Andover and stated that he thought Atty . Thomas Burns had the necessary expertise . Selectmen Salisbury stated that he agreed Atty . Burns was sell respeced as a lawyer but he questioned his rates and stated` that it was a matter of dollars and cents . The Board voted to appoint Atty . William B . Duffy , Jr . as Special (Town Counsel for the Village Green case. He will be so notified . Members present : Guthrie , Salisbury , Joyce , Graham with Chairman McEvoy . July 2 1979 COMPLAINT AGAINST TOWN BY TRUSTEES OF VILi AGE GREEN WEST. Received a complaint filed by the owners of Viltiage Graen West Condbmiums at Court concerning rubbish collection. Voted to have Town Counsel handle tTie case provided he is able to do so . Members present : Guthrie , Salisbury , Joyce , Gratam, Chairman McEvoy . of 11'r TRMUWnWraII4 ofMalisarfi,mat n ESSEX ........................................................ Town of North Andover ......... .... .......... ......................................................... .............................................-........................ ---------- ........................................................................................................................... ............ .......... ........... ........... ......... .......................................... .................. .............................. ...................... ........greeting. IjauarrkrrrhUrrquirtb. in the name of The Commonwealth of Massachusetts, to appear at the offices of Sherman and &&Cre 15 Central Street, Andover, afx . .. .. ......... ................... ----------- ...... ... -----------1........................... .............................. Massachusetts hoiabww....................... .......... ......................... .............. ........___...... on X&.........Mqnda- _,_-the---26th...................-day of...--November, 1979 .. ......_ ..... at ten ..-_- .......o, .. .......o'clock in the-fore....noon, and fron; day to day thereafter, by way of your deposition give evidencel)f, what lou know relating to an action for declaratory m t judg .. Nand there to be heard and tried belweep.-......... i9k------------------------------------ .... en ......................... Stephen P. Caren , et als Plaintiffs , and . ....... ....... . Town of North Andover and William A. Cyr Essex Superior Court No I , 14832- ......................................................... ................. ------__.............................. .............Defendant s/, and fou are further required to bring wilh.you.j•..... --minutes, notes, memoranda, made ......................................................... or kept by the Board of Selectmen of the Town of North Andover relating to the decision ------------------------ ................. .................................................................. ------__.............-............... ...... or policy of the Town to deny rubbish collection to the owners of condominium units " *.....**..............*'"*------*..........................*.........****,*-*...**.......­.......*...*-----***-----------------------*--------*........*"- in the Town and to the owners of condominium units in the condominium known as village anti'-for-the two preceding Xears. 2. All warrant articles, records, votes and decisions made by ............ ............. ............................................ ...-................................ .......... the Town Meeting of the Town of North Andover relating to the service of rubbish Col- ...*----­­*-------------------*" " * '**.........................................*----------------------- •------•--•--•-------------------.._---------- -------------------------------------*------- - - lection for the Town and to the appropriation of funds therefor or relating thereto -------------------------- ................................ _ -.....•--..............................,....---.............. for the fiscal year 1978-79 and for the two Preceding fiscal years." --------------------- ---------- -------------------- ...................... ............... . .................. ----------- ...................... :4rrrnf fail nnI, as )on will answer your default under the pains and penalties in the law in that behalf made and provided. 11alph lit Andover, nd ove r Massachusetts -- 15 November - -----.-- .... .......... . the - -- - ..........day 01_-... A. D. 19 79 Edward'F.­'C"r'e'gg, Notary i'u--wt,- -- ---- My commission expries November 29, , 1979 7 F (14P IWIIIIutuwnwPaIt4 of Maiisn-r-huorttg ESSEX ........................................................ jyjl._Town of North Andover ............................................ ............. ........... ...........................................................................................I.............................................................. .......................................................................................... ................................--................................ ---------------- --------------------------------------------------- .............................................................. --------- greeting. ?Dan are 4pr6grequireb. in the name of The Coll,mon wealtf of Massachusetts, to appear at the offices of Sherman and Cre 15 Central Street, Andover, c tafmaxtbr--------------usetts-----------------*------------------------------Q ----------- ................ ............. .......... .................. Massah )�CdO62yw--------- ........................ ----------------------------- ------------ ........... on X&......"".Monday, " the 26th vember, 1979 ------ -t. ................. .......................day of.....��q.................... ........................ ------------at ..--ten.........................O'clock in the f,.r.e ...... ....noon, and from day to day thereafter, by way of your deposition give evidence lbf what you know relating to an action for declaratoryt judgm 'n ----------------------------_------------Fbenand there to be beard and tried between ........................ Stephen P. Caren, et als ---------- --------------------1-........... ....................I......I------------------ ....................."__.._._.Plaintiffs , and Town of North Andover and William A. Cyr Essex Superior Court No 148"2, -------- ........................................................................................ ....... ---------------------Defendant 9'14 , and you are further required to bring witb.you.!A.... . notes, memoranda, made ...... ....n...---....................... or kept by the Board of Selectmen of the Town of North Andover relating to the decision - —.............--............................................................................................................... ..........--..... or policy of the Town to deny rubbish collection to the owners of condominium units ------I------------------------—.......................... ...................................................................... ------- ................... in the Town and to the owners of condominium units in the condominium known as Village 23Y"2975-79"-and-for-th-e-two preceding years. 2. All warrant articles, records, votes and decisions made by -- ---------- - ----------------------------------- ................... .................................................................------— the Town Meeting of the Town of North Andover relating to the service of rubbish col- ----*------------*--*------------------------------------------------------------*-------------------------------------- -- ------------------------------------- lection for the Town and to the appropriation of funds therefor or relating thereto ----------------------------------I-----------------------------------........................................ ........................... for the j fiscal year 1978-79 and for the two preceding"fiscal years." - ........... ------------ -----------------------------------------------------------..............­ ......................................... ----------- :krreatfail nut. as you will answer your default under the pains and penalties in the law in that behalf inade and provided. 0 Daub tit Andover Massachusetts............the 15th November...........-. ......------------------ ---------------------- .........day of------- ................ A. D. 19 79 Edward F. Cregg, Notary My commission expries November 29, .1979 ?EPUIT SM NORTH TOWN OF NORTH ANDOVER Ot tt tco rg<aN° F p q0�no�'PP`y<y DANIEL LONG, Town Clerk TOWN BUILDING 9`SSgCHUS� ELECTION DEPARTMENT NORTH ANDOVER. MASS. 01845 November 20, 1979 To Whom it May Concern: Please be advised that at the April 23, 1977 Annual Town Meeting, it was voted under Article 5, Item 42, to appropriate $111, 371 for Salaries and $25.000 for expenses for the purpose of refuse disposal. ATTEST: A TTE COPY TSq/ ANIEL N TOWN CLERK NORTh TOWN OF NORTH ANDOVER OE,, to BgtiO F % y Dom' LoNG, Town Clerk TOWN BUIMING SSACHUS ELECTION DEPARTMENT NORTH ANDOVER, MAss. 01845 November 20, 1979 To Whom it May Concern: Please be advised that at the April 22, 1978 Annual Town Meeting, , it was voted under Article 5, Item 42 to appropriate $129,915 for Salaries and $30,000 for expenses for the purpose of refuse disposal. ATTEST: A TRUE COPY DANIEL 11 L NG TOWN CLERK NORTq TOWN OF NORTH ANDOVER �Of tz�co °gtiC F A :den*X e 'I►9�OHieo,.M`,I9 DANIEL Lox% TOWII Clerk TONIN BUILDING �SSAGHUS ELECTION DEPARTMENT NORM ANDOvm MAss. 01845 November 20, 1979 To Whom it May Concern: Please be advised that at the May 29, 1979 Annual Town Meeting, it was voted under Article 8, Item 42 to appropriate $132. 307 for ,salaries and $32,000 for expenses for the purpose of refuse disposal, ATTEST: jTRU COPY NIEL LONGOWN CLERK NORTH TOWN OF NORTH ANDOVER DANIEL LONG, Town Clerk TOWN BUILDING 9SSACHUS� ELECTION DEPAB.TN3M Norm Axnovm, Mass. 01845 November 20,, 1979 Article 48. To see if the Town will vote to raise and appropriate the sum of $5,,000 to be expended under the direction of the Highway Surveyor for the purpose of providing the service of rubbish collection to the unit-owners of Village Green West condominiums. Petition of the Louis S. Scaturros and others. ATTEST: A RtJE 00 .l IS TOWN CJZM NORTH TOWN OF NORTH ANDOVER Of ts�cc rbq'Y� F F A 4, AOq� 'pw�,�y DANIEL. LoNo, Town Clerk TOWN BUILDING rip 4SSArso ELEOTION DEPARTMENT NORTH ANDOVER, MASS. 01845 November 20s 1979 To Whom it May Concern: At our Annual Taxan Meeting held xLy 2931979 the following Article was acted upon. ARTICLE 48, to see if the Town will vote to raise and appropriate the sum of $5P000 to be expended under the direction of the Highway Surveyor for the purpose of providing the service of rubbish collection to the unit- owners of Village Green West condominiulmse VOTED TO RE&CT THIS ARTICLE. ATTEST: A TRTA COPY � *TOWN L G CIF-H Town of North Andover Extracts from Board of Selectmen minutes dealing with Villiage Green West request- ing for trash pick-up of Town . November 27 , 1978 Meeting VILLAGE GREEN WEST : Members of the Board of Trustees appeared before the Board requesting a status report on the problem of trash pick-up by the Town. They stated that , as they pay taxes on 'their homes like everyone else , they are entitled to town services . Board advised them that it had been referred to Town Counsel who was doing research on the matter. Board will send another letter to Torn Counsel requesting an answer as soon as possible . Trustees tated that they had conferred with the Highway Surveyor who siad he would not collect the trash until the street was adjudicated . The Trustees stated that they did not want to adjudicate the 'street at this time , but did think they were entitled to the trash pick-up services . - Louis Scaturro , 58 kingston Street , was the spokesman for the group . Members present : Guthrie , Salisbury , Joyce , with Chairman Coady . December 4th , 1978 Meeting VILLAGE GREEN WEST : Letter received from Atty , Edward F. Gregg respectfully demanding , on behalf' of the trustees and unit owners of Village Green West Condominums , that the Town of North Andover furnish to all of the unit owners of the Village Green West Condominiums the service of rubbish collection . They feel that , as property owners and taxpayers of the Town of North Andover , they are entitled to this service along with the other property owners of the Town . They added that they would be happy to attend any hearing the Board may hold to present their views . Atty . Gregg thought the rubbish collection was under the jurisdiction of the Public Works . Selectmen inform him that his letter will be forwarded to the proper department , the Highway Dept . It was voted to authorize the Chairman to communicate with the Highway Surveyor and his input and recommendations be submitted to Brian Sullivan for next meeting . Members present : Guthrie , Salisbury , Joyce , with Chairman Coady . January 22 , 1979 Meeting VILLAGE GREEN WEST : Residents from the Village Green condiminiums appeared before the Board once again seeking trash pick-up service . They stated that they were taxpayers as well as other home owners and thought they should be entitled to trash pick-ups . They were willing to place trash in barrells instead of the dumpsters if .that was requred . Mr . Scoturro stated that he had talked to the Highway Surveyor who was sympathetic to the problem but still would not pick-up the trash . A letter from Town Counsel stated that it was his opinion that the Village Green residents are entitled to the same consideration as any other taxpayer and should have the requested trash pick-up . Letter from Highway Surveyor in essence stated that the sudden impact such a large complex would have on his rubbish budget would make it impossible for more department , financially , or for the mean and equipment to undertake trash pick-up at this time . Secondly , it was not his policy to pick-up rubbish at any multi unit complexes . It would taken town meeting action to change the department ' s policy. in this regard . He also stated that the department does not have the necessary equipment to make such collections . Selectmen Coady stated that Cyr thinks it is within his perview to make the decision despite the deter- mination made in Town Counsel ' s letter. It was brought out that police and fire protection would be given to the apartments but since they have become condiminium. no provision has been made for trash pickup despite the fact the condimimtums assessed valuation for taxation are the same as homes . The residents were told to refer their requests to the Hi wa Sury or . Members present : McEvoy , Joyce , S is�ury , ��ady , Chairman Guthrie . February 26 , 1979 Meeting Voted to close the Warrant . Louis Scurito representing residents of Village Green West , appeared before the Board a petition for an Article in the Warrant which asks the Town to vote on providing rubbish disposal services to the condominiums . The Article requested no appropriation . The Chairman advised him that the Warrant was already closed and that , as a policy , the Board does open for citizen articles unless there are ' real extenuating circumstances . Of more concern to the Board than this , however , was the fact that there was no request for an appropriation . The usual practice at Town Meeting is that any request for a new service or new personnel is put in an article form and identifies the costs of providing this new service . Members present : Coady , Salisbury , Joyce , and Chairman Guthrie March 5 , 1979Meeting Warrant Opended : The Selectmen opened the warrant to include an Article from Village Green West condiminium residents petitioning for trash collections . Warrant was then closed . Article will be referred to the Board of Registrars for verification of signatures . Vote was 3 to 2 . Coady and Joyce opposed . Members present : Coady , McEvoy , Salisbury , Joyce , Chairman Guthrie August 13 , 1979 Meeting VILLAGE GREEN WEST-SPECIAL COUNSEL : Brian Sullivan advised the Selectmen that Town Counsel had indicated that he had prej,ud'iced himself in the above-named case and that it would be best if a Special Town Counsel were appointed to handle it . The Board voted to authorize Brian Sullivan to contact lawyers William Duffy , Jr . , Thomas D . Burns , and Clifford Elias asking if they would be interested to be considered for this case . They were asked to contact the Selectmen ' s Office if they were interested , stating their proposed arrangement for remuneration , before the August 27th meeting of the Board . Members present : Guthrie , on vacation , Salisbury , Joyce , Graham , Chm . McEvoy August 27 , 1979 Meeting SPECIAL COUNSEL-VILLAGE GREEN WEST : The matter of appointing a Special Town Counsel to represent the town vs . the Village Green , West re the collection of trash for the condiminiums was discussed . Selectmen Ralph Joyce stated the outcome of this case could affect many other towns and cities where condiminiums exist and lawyers like Attys . Daniels and O ' Brian of Andover who have the expertise should be seriously considered . Select- men Guthrie stated that North Andover had capable attorneys and although there was no question that Selectmen Joyce ' s suggestion was in order he was convinced that Atty . William B . Duffy , Jr . has the where-with-ail to conduct the case . He made a motion to appoint Duffy which was seconded by Selectman Salisbury . Select- men Graham said that Duffy ' s response seemed adequate . Chairman McEvoy agreed with Joyce that this case would be important to all other communities besides North Andover and stated that he thought Atty . Thomas Burns had the necessary expertise . Selectmen Salisbury stated that he agreed Atty . Burns was sell respeced as a lawyer but he questioned his rates and stated that it was a matter of dollars and cents . The Board voted to appoint Atty . William B . Duffy , Jr. as Special Town Counsel for the Village Green case . He will be so notified . Members present : Guthrie , Salisbury , Joyce, Graham with Chairman McEvoy . July 2 , 1979 COMPLAINT AGAINST TOWN BY TRUSTEES OF VILLAGE GREEN WEST . Received a complaint filed by the owners of Villiage Green West Condomiums at Court concerning rubbish collection . Voted to have Town Counsel handle the case provided he is able to do so . Members present : Guthrie , Salisbury , Joyce , Graham , Chairman McEvoy .