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Home My WebLink About1977-07-18 Board of Selectmen MinutesAPPOINTMENTS: The Selectmen appointed the following persons to serve on the Conservation Commtssion~ f~ing two v~cancies: Arthur Resca (1980) reappointed Henry Fink (1980) Daniel J. Leonard (1979) Vincent J. Blandini - Alternate member H. Michael Smolack, Jr. - " " Historical Commission: Thomas J. Leavitt$ - reappointed, 3 yrs. (1980) Capital Budget Committee: Mark Henry - reappointed, 3 yrs. '(1980) Vacancy to be f~qed. D. Roche to be contacted. Application received for position of School Crossing Guard. Referred to Chief Lawlor for recommendation. Board of Appeals: Two vacancies. Letter to be sent to Chairman for applicants. LICENSING CGMNISSIO~ERS: Application approved for license to be granted to Trombly Motor Coach Service, Inc., Rt. By-Pass, North Andover, to operate motor vehicles for the carriage of passengers on the follow ing streets: Peters Street......between Chickering Road and the Andover Town Line. Route 125..........between Route 114 and the Andover Town Line. Waverly Road.......between Massachusetts Avenue and Route 114. letter from Chris Adams seeking permissi6~ to operate Miniature Gol~ Course. Letter referred to Chief Lawlor Alice M. Letarte, Secretary July 18, 1977 comn-ope~ed game machi~e~a.t his *~-~ * * ~* * ~~ e rk The Board of Selectmen held their regular meeting on this date with two Selectmen present; Joseph A. Guthrie and John F. Coady presiding as Acting Cl~irman. Chairman Thomas McEvoy was on vacation. MA~BL~EAD ST. - TN/CK TRAFFIC: Residents of Marblehead Street appeared before the Board of Selectmen to protest the many tonnage trucks that were using their street as a through way creating a traffic safety hazard to the 65 children who live on the street. The Selectmen voted to send another letter to Lawlor for a report on the situation to be submitted at their next meeting, August 1, 1977. BURI FD CABLE: Appreved at a hearing a petition to install bu~ied calbe and 2-3e ducts on Chestnut Street. APPOINT}~NTS: The following appointments were made: Sign By-Law Committee: Charles H. Foster, Palph R. Joyce, Esq. Fritz Ostherr Walter Peter Hornbeck Normam H. Heinze John J. Monteiro, Jr. -.Planning Bal. Rep. Industrial Finance John J. Willis, Esq. George Schruender, Jr. Joseph D'Angelo James P. Gordon Dennis F. Conually, Jr. Cable Television Co~,~,~ttee Local Buildin~ Inspector Stephen R. Doherty, Asst. ~ldg. under CE~A. George I.. Dague Charles W. F~i John R. Robinson, Jr. Steven Vounessa John W. Graham Joseph W~l.liam D. Lush Sign By-Law Committee will be asked to submit a report at the end of the year. ~able and Industrial Committees will be advised that they ~ be notified of a meeting to be held ly after August 1 for organization of the co~,,,,~ttees. RESIGNATION: · Letter will be sent, to R. Saltoustall Growth ~ Committee. of his services while a member because is out town. JULY 18, 1977 (continued) 234 c = CiTI0, OF Form receiVed from Secretary of State for approval of location of the Reed Centers for Early Childhood ~ncation, Inc. Chief Iawlor will be conferred with for his recomendation. RESIGnaTION: Letter from Richard Hart Harrington contained his resignation as a member of the Municipal Facilities Co~i~..~ttee due to ill health. Letter will be sent in appreciation *of his services. Francis Trombly will be contacted to ff]~ his place. BURIED CABLE: Another petition received to inst,11 buried cable on Chestnut St. A hearing will be held on August 1, 1977, at 7:30 p.m. Abutters to be notifed. GAS EMERGENCY REPAIRS: T~b petition received to repair gas mains on 15 Middlesex Street, 212 Miaa~ esex, 326 Osgood 45 Third Streets. The Selectmen, receiving so many complaints over the years from the . Highway Surveyor re gas excavations, instructed a letter be sent to Town Counsel to ad- vise them on the following: . Selectmen also stated that Article 5~ of the 1977 An~,~ Town Meeting requires that the High, my Surveyor 'sb~ issue permits for excavations on Town Ways. Questions aske~: Are the Selectmen required by General law to issue these permits. 2. if the answer to the first question is in the negative, is there any reason why the Selectmen can't cease issuing permits and turn this responsibility OVer to the High, my Surveyor? SCHOOL CO,SETTEE: Letter from School Committee Chairman, James Gordon, re an Attorney to handle a grievance received. The Board voted to have the Committee retain the services of Wi!li~m Looney, Esq. as Special Counsel to represent them. TRAFFIC REQUESTS: Upon recommendation of Chief 'lawlor, the Board voted to send ~he fo]lowing requests to Sherman Eidleman, District Highway Engineer: (Rt. 125, are~ Of Xndover By-Pass, at Hillside 1. Inst=l~ "Ye~ow Flashing Beacon" on the southerly end of the Island. 2. Move "Stop" sign on easterly side of H~lside Rd. closer to Rt. 125.. 3. Inst~11 sidewalks on easterly side of Rt. 125 By-Pass, fro~ Hillside Rd. to Andover Town line. Another request...to inst~11 a "Stop" sign on easterly side of Water Street at the intersection of Clarendon Street. Re speeding on Marblehead Street, Chief Lawlor reported that radar vehicles are used during afternoon and early morning (7:00) A.M. Re speeding'on Mass. Ave., Chief LAwlor reported that a radar vehicle has been used in the day shifts and early night. Playgrounds: "Slow-Playground" signs had been installed on Johnson Street~ before and after the Reynolds playground. Re Drammond playground complaint of Henry Donovan, Chief reported that the barrels have been emptied more often and early night patrols have been trying to discourage littering. BUILDING INSPECTOR - ASST. BLDG. INSPECTOR: Letter from Town Co~el answered questions from the Selectmen. 1. ) ~,~1 ding Inspector may not fire and Assistant Inspector appointed by the Selectmen. ~,~ding Inspector agrees with him. 2.) Whether the Inspector has the authority to "overrule" decisions made by his assistant, the answer is in the affirmative. Town Counsel also: stated that this inquiry f~11~ within a "gray area" ~hich can be fi~lly cleared only by a judicial determination of the question which would involve court involvement between the two, a sitnation Shat should be avoided. ~t could be resolved by placing the specific problem before the State Building Code Appeals Board or, more simply, have the local State B,~I ding Inspector (Mr. Blight) make a definitive ruling. ~ Incidently, a separate "chimney permit: should not be required. According to Mr. Blight and Mr. Moriarty, Esq., Counsel to the State Bldg. Code Commission, such construction is covered-by the provisions of the initial building permit issued by the Building Insp. Therefore, Cyr's services are not needed. 3. ) Whether the Building Inspector has the right to prder his ASsistant to cease making chimney, inspections.~ This, also~ he. said was in a "gray" area. It was Counsel's suggestion that, in future appointments , Board should designate .specific areas of building inspection duties an appointed Asst~ Bldg. Inspector should fulfill. Fin al decision should be referred to a State agency for final determination. 4~) Continued compensation of the Asst. Bldg. Inspector...He~. must continue to be paid whatever the appointment c-l~s for whether the funds are in- cluded in a salary or expense budget. Mr. Foster requested any decisions to be postponed as he will be on vacation for a few days; that be would like to meet with the Board and Mr. Cyr to discuss the problems between them. Meeting was set for August 1, 1977, at 8:30 p.m. after the Selectmen~s Meeting. DOG OFFICER: ' ' Letter received from Ernest Gauthier to answer Selectmen's inquiries. Part of letter stated that although the dog situation has improved over the past two years, .'it is impossible to properly enforce the leash law under the present system~ laws are not definite enough, fining system is not~ enforceable by only one person. Meeting in August.