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Home My WebLink About1981-12-21 Board of Selectmen MinutesDECEMBER 21 1981 335 The Board of Selectmen held their regular meeting on this date with all mem- bers present except Selectman Salisbury. Present were Selectmen McEvoy, Joyc~ DiFruscio with Chairman Graham presiding. The minutes and warrant were appro% as .ubmltted. TOWING BIDS: The Selectmen's Clerk, Ralph Joyce, opened up three bids for towing contract: Bids were received from Paul Himmer d/b/a Great Pond Service Station, Frar~is Coady d/b/a Coady's Towing Service and David Trombly d/b/a Trombly's Service Station. All bids were taken under advisement.to allow members of the Board to study them. CONSERVATION COP~4ISSION: The Board voted to go into executive session with members of the Conservation Commission, their lawyer and Town Counsel to discuss strategy in reference to the Turtle case. Highway Surveyor, Joseph Borgesi and Brian were present also ASSISTANT BUILDING INSPECTOR: A letter of resignation received from Fred Chaput as Assistant Building In- spector...he has accepted a;full time position. The Board accepted the resig. nation, with regret, and requested a letter be sent to Mr. Chaput thanking hims. for his conscientious services in the interest of the Town. Board also authorized Brian Sullivan to take~he necessary steps for a replacement on a provisional basis. BUILRING INSPECTOR REQUEST: The Building Inspector requested the services of Town Counsel to force com- pliance to the Mass. State Building Code and the Mass. Sanitary Code re an unlawful building existing on Appleton Street. The Board voted unanimously to grant the request. TOW'N BUILDING CLOSING: The Board voted unanimously.to, authorize the Town Building to be closed at 12.00 noon on Thursday,~ay ~e~ore Chrzstmas and Thursday, December 31st, the day before New Years. LICENSING COMMISSIONERS: A hearing was held on the application for a wine and beer license to be drunk on the premises of Jimmy's Famous Pizza, 1591 Osgood Street, Nicholas Courfas and James Panos, proprietors. Letters received on the application from Western'Electric, Chief of Police, Alcoswitch Co and Grace Zollo registered their protests against the license mainly because of the safety hazards of traffic. The Building Inspector stated that he was properly zoned and the Board of Health stated that the establishment would have to install a method to sterlize the glasses.i :Mr~.<Courfas stated that he had received several requests to have the wine and beer license from customers. Mr. Farkas, an abutter, was against the license because he objected to the noise and litter of the customers. Motion was.made and seconded to deny the license. Vote was 3 to deny and 1 for the lzcense. (3-1) Selectman MeEvoy/~ea~u~t the restaurant has been in good standing for many years and made a motion to grant the license. There was no second. APPROVED: COIN-OPERATED MACHINE (1) Spyros Mazarakis, 110 Sutton Street, Star Pizza, Paul Dedoglsu, 15 First Street, Merrimack College, Turnpike St. Star Pizza vote was 3-1, McEvoy against. COMMON VICTUALER LICENSE: Yum Yum Shop, N. A. Mall, CLASS I LICENSE: The Equestrian Shop, 1812 Turnpike St. L. GUSTUS d/b/a Farmers's Market: Application for a Common Victualer license was tabled until next week to allow receipt of letters of approval from the Board of Health and Building Inspector. NORRIS GASOLINE APPLICATION: Hearing on this application was continued from last week. Neighbors, in- cluding Joe Belanger were against the storage of gasoline, said it was a non conformin.g structure. John Dolan stated the garage has been located at 701 Salem Street for 45 years, that he has a f~rm and does not consider it detrimental to the area. Joe Radenski stated the garage would be a ~3~ DECEMBER 21, 1981 (continued) NORRIS GAS APPLICATION (continued) convenience to the residents, that they would not have to travel to get gas- oline. Motion was made and seconded, to grant the license subject to the Building Inspector's favorable recommendation. Vote: 3-0-1 DiFruscio... abstaining. AUTOMATIC DEVICE LICENSE POLICY: Brian S. submitted a policy for the Board's perusal and recommendation re the granting of automatic coin-operated machines. No. 1 and 2 were stricken. No. 3 was amended striking the number "3" licenses to '!5" licenses. It was agreed, also, that each application should be taken as a judgement of the individual applicant. Motion made by Selectman McEvoy, seconded by Select- man Joyce,that all machine applications be granted according to Sections 3-4-5-6-7 of the policy. Vote: 3-1..Graham opposed; he wants a limit imposed. Also deleted..additional charge of $5~00 if machine replaced.~. ARCADE APPLICATION: Tabled from last week was Raymond Roy's application to have 30 machines at premises on Sutton Street, presently owned by Sweeney. All reasons for and against the application as presented at the last meeting were reviewed. After discussion, Joyce made a motion, seconded by DiFruscio, that the Board adopt a policy that they will not support an Arcade as an Arca~e but to allow machines 6nly as a secondary use of establishments. Graham stated again that the Board should deny Arcades and limit number of machines in~ Town. The motion was withdrawn. Motion was made and seconded to deny the Arcade application. Vote: 3-0-1 Graham abstained. CUMBERLAND STORE MACHINE APPLICATION: ~ Tabled last 'from last week was the application to have 1 coin-operated. machine at the Cumberland Store on Chickering Road. The applicant stated again that all the Cumberland Stores bad the machines without any trouble whatsoever. Ail statements, for and against, were reviewed. Motion made and seconded to deny the application. Vote: 3-1 Graham against. NEW YEAR'S EVE: The Board voted unanimously to allow all establishments to A.M. instead of the usual 1:00 A.M. on New Year's Eve. close at 2:00 EXTENSION OF NESWC AGREEMENT & OPTION AGREEMENT ON LANDFILL: Brian Sullivan, Ex. Sec., advised the Board again that the UOP contract requires that there be at least 900 tons/day of municipal tonnage committed by December 31,1981 or the the Town's contract becomes null and void. Be- cause of the recent progress in obtaining the 900 tons and the optimistic outlook for the project, Brian along with Bud Cyr and Ed Scanlon recommend that the Board vote to extend this date for '60 days as it is fully eipected to have the necessary 900 tons within 30 days of this date, 60 days at the latest. UOP has already agreed to extend the contract and are involved in the preparation of' the legal and financing documents for the project wh~dh involves the expenditure of large sums of money on their part.in anticipa- tion of the 900 tons/day being obtaine~. ~thin the next 60 days. At this point, Selectman DiFrusci~'~6'~ented that the project had taken"-~ too long.already, That,it wasn't in the best interests of the Tow.n, ~ a£~':~ .;._~=_~-~-a fa:; ~_~.~/~'2~'~¢~ made a motion to deny the extenszon. Select-~ man McEvoy seconded it for discussion. Edward Scanlon, Chairman of. the Solid Waste Committee, charged DiFruscio with repres,~ng the Sau~us' rather than North Andover, because DiFruczo's contracting firm works for DeMatteo., who is interested in a solid waste project for Saugus. Scanlon charge DxFruscio with being in deep conflict of interest, that his inte~_r~sts wer.e for the DeMatteo firm, not the Town. DiFruscio acknowledged 1 ....... r ....... ~-.~...ec, -~. ~ that his father,~had known Martzn DeMatteo for 30 years. Scanlon went on to state that convincing communities to sign a 20 year contract with the solid waste committee had been frustrating and hard work...that Brian Sullivan, Bud Cyr and he had put in many years of hard work in the best interests of the Town, that DiFruscio. was trying to scutt.le the project when they had almost reac~ed their goal. Bud Cyr stated that if the Board did.not vote for the exten~would be '..'.like.a farmer who sells cider, cuttxng do.~n the ~p~ t,r. 9~ln'~5~fember just when it is read- to bear ~ruit" ~'~wc~/~'Y~5~¢~/~'~ " ' ~ z · ~n was with. dr_as~9~_ mo~n was made and seconded to grant the 60 day extensiooa.. Vote.'.i~2k~I .,?~-~c.~.io opposed. Alice M. Letarte, Secretary