HomeMy WebLinkAbout1946-07-08 JULY 8,1946- continued:
the Board that the 'street was accepted 23 years ago by the Planning fo~ a
certain distance and by the town 12 years ago and these people wanted to see
what the town can dc about it. Mr. Firth stated that two feet of land would
be taken off the' accepted and he felt that it wa's up to the town to take some
acti, on.. He also stated that since the abutters had not been notified, .he
did not think that the thing had been done legally. Mr. Firth asked if the
Board could appoint council to ~-heek this matter.
,Mr. Thomson' then read the by-laws, article 2, Section 1 a~doMr. Thomson stated
',that he believed that we can defend suits brought against the town, unless
otherwise ordered by' the vote of the. toM. Generally speaking, said Mr
we ~ave. assumed authority on certain claims.
Mr. Campbell felt that the town should know about it and striaghten the matter
out.
Ralph Bourass~' was present and he stated that the trouble with this parcel of
property is thatthe land was registered and a portion dedicated to street
-~d was approved'-~' The streets and locations were approved by the Planning
in 1924 and 'the' street lines' have been in use since that time. ~ In 1933. the
town accepted that portion of Lyman Road in dispute and there is a two jfoot lap
on the southerly line. Mr.' Bourassa stated 'that sidewalks.would eventually be
put in and one engineer will use~ one ~ound 'amd the other engineer wilL, use
-' 'the .~other plan. '~ There 'will be two overlaping layouts. Mr. Thomson stated
,': that the owners 'would get tko.correct number of square feet either.wa~.
Mr. ~Firth 'asked what would happen if Mr. Samhataro ~deeded another plan .to
some other person. Mr. Salisbury'has been in On this with'me,(Mr;'Firth) amd
he knows more about ~it from the. land'!'cou~t. · ... ~ ;,
Mr.'.~Campbell asked what! the .intention of ~the planning board~was~ to Sake:tw°
· - feet..', Mr. Bouras~a?explained that 'there ,',is; an error.in ,the original decree;
"Ra:~said the- original~decree~ would ,hold, but if am error,,was found~ then, the ~'
~rcund monuments, would.,,huld. This~ matter was discussed for some.time
:Thomson asked?Exactly how do yo~"think~ the ToWnis involved.~ Mr. Rourassa
explained tha~ there~.:was'~a' loss~ or,two feet when, the street .was accepted as a
.~ex-mnea *~ these gentelemen Cannot bear the expense. He,said the northside
of Lyman'Road is Bounded amd the south side is the one in questibn.
' Mifflin ,'deed resery, ed,,~' 50 ,foot strip and' if lo'~atium isl correct th
,,~ ~ ai~. ,s~tr~t;. Mr'.JFa'i~0urt, the, l'andcoUrt engineer sta~ed that the plan is
~':~:"'.~:f~0~ ~he center 'of ~he wall. · "~ ,. .
then the ho d di , feel it is 't.h.
.... ;,,. ~atr~ighten the ma~ter a~d~ Mr. Thomson said that iS we accepted a 'fifty foot '
.... stl~eet and now a' ~isPUte as to thc fifty foot 'strip is brought up~ we conld~t
acquire, prescriptive rights against the owaer~..Mr. Thomson said that we are '
only a beard and cannot dispute the Planning Board.
, ,~. -,~':,~r~.i(Fi~t~h went on to-~say .that before approval b~ thee Plahnin~ 'Board". 'a~ ~Ub[ie
.... · ;eh,o~uld,~be held and the C~airman of the. Plan~i~ng beard admitted thai'h6 ~d~nOt
· ,, ,.,/:, notify ,,the".hb~tterg~ Mr. Thomson istated that if that {s ac', th~n the d~cision.,
'.~-- ,!'.J .. ~,., Mr4McComish Said 't~at' h~" ~el-t'~ that another 2eet~n~';ehokld, b'~.~;ld"n~t that. ·
' ;, ,f i..' ~ the,abutters 'should'b~' motifie~' 'a~d' that the matter'before: the beard?should''
...... be,,recomaidered. ...... , .
;..;:?,~ 2,~;; :~. !,.Mr.~ Campbell state~' .that~ he ,thought the 'decisiOn of the' Test meetin~ should
' .' be throwaout. ' "~':" ' '- ' --
Mr, Tbemson..then celled Mr.-Peter Ritohie ~d he was infor~ed by Mr: 'Ritchie
- th'a.t;.he' cOuld~,officially tn~or~ 'these gentlemen present that the¥1anning
; '. BGa~Wi~l hold a,meeting On July 19, atwhich time the matter will be entirely,
-i~. ~reopened. Any decision at that time will supersede any action taken previously.
· ~.~'~ .:;,. .;-'Mr.-. Thomson then informed those ,present that'a~ the next' hearing all would have
..... ,a:mhanne 'to be heard.~ . ' .
· ~;, '' - 7,.i,Thss~ Present,,who r~prese.,n, ted the residents of Ly?an Ro~d were Mr. Eimbe'r,
';i;;',;[' '-~,;;,,Mr,." ~oComi,sh;' Mr. l~ebe'l.t~ Mr; Campbell and Mr. Firth. Rolph'Bourassa
. .' C~a~.e in at the request of'these gentlemen. '
~..,'Ada.,Boardmam ,and Sara~-Be~ttis of 13 Commonwealth Avenue came before the board'
to/, complain about tre~applanted 8n the StewArt property close to their line
and;.they feel that when they grow the tree branches and roots will grow onto
their land an~/wantad to know what could be done about it. Miss Boardman
said. the four ~'~rees were set out last year. They Also wade several cGmplaints
. about various things which were more or less personal. Mr. Thomson suggested
that.Mr. ¢oumors, tree warden, look at the trees A~d make a report to this
,beard., Mr. Finneran made this as a motion which w~s seconded by'Mr. Thomson.
Mr. Salisbury was ~t present. Mr. Conners will ha notified.
INSURANCE-MR. COFFIN:
Mr. Andrew Coffin came in l~ith re'spoor to the Pla~nd liability and stat
that he felt the main thing was Gtc Field. The Board of Public Works is
very .~.~ns.c~ent$o. us and everyting done to the
JUh~ $,1946- continued
Mr. Coffin said no letter had been received from the Bard of Public -
Works in regard to recommending this insurance liabi
at Grmgan's the cost .would li~ He stated that
be ~66.5g yearly for 10,000 to 0 00
_a~.d.? ?e. Center $28.00 for $10,000 to $20 00a eL___ 5 , .? dollars
· , ~. Anure are no Dleaoaers
a~ ~ne uen~er Playground.
Mr. Thomson.then stated that he felt there should be a full board to decide
on %his matter and it will be held over until the next meeting.
Mr; Coffin then explained that in order to make s saving of perhaps $10.~,
a transfer .was made and two boilers are now included with the steam.engines.
The Group Policy expired on 6/1/1946 and in this manner they were excluded.
Mr. Salisbury had questioned this at a previous meeting.
Other policies presented were in order and Mr. Coffin had checked all of them.
B & M RAILROAD COMPAI~=-SAFET~ DIScs:
A. letter received from the Boston & Main 0ompamy regarding the missing or
damaged signs which should be corrected as soon as possible. The annual
inspection of approach warning sign discs were listed and this wa~ referred
to the Highway and Police ,~partments for action. Mr~ Oarty was given the
list of s~gns. '
LAWRENCE GAS & E~ECTHIC COMPANY:
Permission was requested ~o' run and maintain gas service for L. Irving Nutter,
of Brightwood Ave. 15 feet in street. Approval was granted by maJ&rity vo~e.
Mr. salisbury being abeeht.
DISTR~CT COURT-LAWRENCE-OFFICER SHINE:
The expenses of the commitment of Henry Blodgett, Jr. to the Industrial School
for boys' at Shirley on June 13, 1946 amounted 'to $6.60 and .the commitment was
made By Daniel ~. Shine, a police office in this town. Halbert Dow, Assistant
clerk stated in. the letter that he had not paid officer Shine as he did not '
have sufficient, funds and he returned the form to this office for. payment by
North Andover. Letter is dated .July 1, 1946. Filed under Police Officer
Depar~mant. ..
TAX RATE:
Mr. Thomson mentioned that he had had s number of inquiries as to why.~th~
increase in the' tax rate was so large, and why there had not hae4 some
information published in the paper. Mr. Thomson felt .that the SeIect~en: might
make a request asking that they publish figu~.es, but later changed thig 'to
suggesting that the As'Sesaors ad,rise the Selectmen as to why the incre~%
was necessary and' than if the Selectmen see 'fit, they will publish 'th~'Zfigures
and a statement." . . : ~';':
RECREATIONAL ~,O~MITTEE:
Mr. Finneran brought up the matter of appointing this committee and at~d that
Mr. ,Salisbury had called and said the people wanted to 'know why this ~ommittae
had not been ~ppointedo He gave the names of Mrs. McGuire of Stonington Street
and Mx.. Smith of l~emcott Street to Be considered. Mr. Thomson felt" that there
should Be a full board when this appointment ia made. He stated "that? the season
was pFetty well along and that perhaps the committee would not he 'too '~tive
this year. Mrs. J. Edmond Elliot, 50 ~olla~d~,'Rd. was g$~enla~ a suggestion for
a member of this Committee by Mr. Edward F. Greene, President of the COmmunity. Center.
APPOINTMENT-SPF~IAL CONSTABLE:
The board appointed Thomas J. McGrail, Jr. of 82 Pleasant Street by a ~aJority
vote. Application was signed by five citizens, one being an attorney.
DEPARTMENT OF PUBLIC HEALTH:
A letter received stating that a notice had been'made by the Board.of.Public Works
through Mr. D~ffy for approval of the purchase of a 'parcel of land and~ in response
to this application~ the Department of Public Health, acting' under the~provisions
of Section 41 of 'Chapter ~0 of the General Laws, will give a hearing at its office
in Room 546, State House, Boston on'July 9, 1946 at 12 noon. :'No. action taken.
DEPART~F.a~T OF PUBLIC UTILITIES:
A Public 'hearing will be held on July 2, 1946 at 2.30 P.M.~ State House, Boston
on the petition of the Western Union Telegraph Company for authorit~to
increase rates and charges as shown in rate schedules and tarriffs to: become
effective July' 20,1946.
TREE R~07AL: ·
Request received from Max Cohen of 63 Main' Street 'f~9.,the removal of, two trees
at the corner of Pleasan~ Street and Bunkerhill ROa~;( The matter' was:refer~ed
to Tree Warden John $.' Connors. Mr. Connora feells' th'at the trees should be
removed and a hearing has been set for July 22, 1946 at ?:1~ P.M.
DEPARTMENT OF CORPORATION AND TAXATION:
¢opy~Of notice sent to each treasurer was received and pertains to bonds and
notes which are legal investments for Massachusetts savings banks etc., and
refers ~to Chapter 358 of the acts of 1946.
Copy of letter to each assessor referring to Chapter 579 of the Acts of 1946
on the disability of veterans and the extent of same will he determined by
the'Feteran's Administration who will present a certificate indicating
.... ~ the twenty per cen~ disability to the assessors before application for
"~ abatement is granted.
.D ~E~ARTMENT OF LABOR A~D INDUSTR~F,S:
An~ 'index showing that the cost of specific goods and services in this, state
has' ad. vanced~,~/zom 1-1/10 % from May to ~nns, 1946.
DEPARTMENT OF CORPORATION AND TAXATTON:
This Division is directed by the provisions of Resolve No. 45 adopted by the
Legislature in 19~ to investigate the approximate additional cost to cities and
· ' towns On a~ five day week of 37~ hours for office workers and forty, hsure, for
.,.~others amd the approximate additional personnel that world.he required ~o
"effect such change.
A' questionnaire was received ~ut no action was taken.
-The by-monthly meeting of the Board of Selectmen was held on this day at 7:00 PM
.... with all members present. Weekly Bills and payrolls were approved.
~:';,h. earing on-the removal' of'two ~rees atlthe corner of Pleasant Street a~d
.... B~erhi[1 Road ,Was held at 7:15 P~M.'. Mr.. ~ohn Con, ors, tree warden was present
· ?. ~and?aid he believed~that the trees should he removed. ·They are growing b slow
'[' i ~,'the"gr~de. ~6f the r~ad and if~Si'dewalks are put in,. they would have to he
./" ~ved;""There was no'0pp0sition. ~Mr. Finneran made a motion that these 'trees
' Be':r~ov~d and the ~ote was unanimous. ,, .
~ Blf Miss Boardmnn and Mrs. Beattie-'
' ' Miss Ada.Boardman and Mrs. Sarah Beattic came before the board a~d
'~ ' a~,c~mplaint about the trees }lanted by Mr."Stemart on his property
.~ wealth :;Avenue. Miss Boardman said the roots will extnnd over to their,
as'"th~'~trees grow'and ruin.their p~ace. Mr. Oonnors who was present at the
· ' "meeti~'g"said :the'trees' were on private, property and as he hadi looked at ,them
:he, thought the;y wer'e in the middle of Stewarts property or ,about' ten or :'fiftee~
,, : ' ' .~f~et ,from. th'e 'property line., MRS.. Beattie said, the '
, , , ....... . . y were only about ~6ur, est'
-'~-- - '" . - · .~.."f?om their la~ and the~want~d them removed. Sha 'said they h4d bed"t~subl~ :-'
":' [with the $~wn trees and had Paid out $55.00 for l~ipes. '
.~..~ ,sz~ua~mon.. Mr. Thomson then asked~ the other members what :their pleasure '
· ii .~i~,".regard"to"thii 'matter; 'iMr. Finn~ran '~ade a motio~ that the ·matter be'taken
[ 2-,~?r adviSement;and~' the'parties interested ~ill ~be notified 'if anything can
:)i'.: ,,be'done ~o o0rreit the 'siiuati0g.. Motion was Seconded and vote was
· ['',' ;At'.~eZ~g~tto~'·'f,%~ 'tho :Ly~n :Road secti? appeared before the board and ~sc
~ e~' the recent action of the Pla~ Board, when they accepted-a 'portion' of
.-[.)~" '~ 'th~' Mifflin Park property and disregarded the old plan.':~ Mr. Le6nard'Firth
'"f$1t'that this was amattor ·for the town since LymanRoad was accepted in 1923
~,f0r,~ a distance of. §~0 'feet, in 1924 a'plan' known as Pacific~ Mills section'was
approved'and Lyman Road is shown as a fifty'foot road. ~Mr. Firth felt that it
was no one' individual's Business. ~r, Mc¢omish agreed .with Mr. Firth and he
~-said the abutters 'do not 'agree with the 'decision of ~the Planning 'Board. He
aZs'o believes that it' 'is up to the town to take some action.
Mr;, Salisbur~ then stated that he did know something abe~t this matter and
informed the board that it was nbt At his request that this delegation was
present but he did ask Mr. Bourasso to appear before this board. Mr. Salisbury
stated that in 1923 the town accepted a Board of Survey in the t~wn which was
the same as the present Planning Board. One .of the first plans approved was
ific Mills'in 1924. A copy of this plan was shown by Mr. Salisbury. ~n 1927
the plan accepted shows Lyman Road as a fifty foot street throughout,-~nd is
bounded on one' side hy a stonewall. ~n 1934 the Board of Survey 'laid' out
2~Q,.feet of Lyman Street and it was accepted by the~town. There is ~; way
tha)~Board of Survey could lay outs street without a plan. In 1938 an
· additional 250 feet was accepted; in 1940 100 feet was accepted by the towu
in, 1946 the developers of the Miffline estate come' n~an! t e n '
established a line which divides the Miffi£~Estate ~om