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HomeMy WebLinkAbout1946-07-22 ~UL~ 22, 1946~- contined Plnna were ehown that were drawn by Mr. Cyr and this chows two f eat falling over on Lyman Road. The Board of Survey are the predecessors .~ of the ?lannimg Board. To accept, in 1946, a plan wholly innoneistant' with the present plan on file is incorrect. Two feet means alot to the' owners of the property. There im no doubt that Mr. Cyr has acme - ~ason for going along with his' plan and Mr. Braseeur also. has some reason for believing his plan to be correct. It has been very .adequately pointed out that the Plenndng Board is s wholly independen~ board and canno~ be dictated to and ~ feel that the Board.· of Selectmen" is also independent and should ~ot be dictated to. We' cannot allow the Planning board to through out the plan of 1 the Selectmen-in back years. T have reason to question the formalities as' have gone on in th~ past T have two plans in mind to straighten' this matter Out. One ~lan proceed to layout Lyman Road in accordance with the 1924 nla'~and ~i'~" anutters. #T make a motion that we notify abutters who ha~e p~h~s~d zf:'~ land from the Mifflin Estate, that it is ou~ intention to re~layout~ Lyman Road in accordance with the plans as shown in the 1924 plan,? Mr., Salisbury said~ that all we have to do is to form our intention~.to~, lay out Lymun Road with certain~bounds, notify, abutters ,.and~lay,,out roed~ , and pres'ant the 'plan to 'the, Town Clerk. It will put us on record, in.~,accord- ance with the notation on our record that Lyman Road is fifty feet Wid~';~ ' Mr. Finnaran said that the road~may drill be fifty feet 'wtde,'and'Mr. ,Salisbury replied that Mr. iCyr's plan shows clearly thai'ha accepts.a'fl~e 'which is ~ feet wide. ~ don't see how this Board cando any~hinge!s~e;.' " Mr, Thomson then inquired' what would happen to the plan of the Planning Board which, is recorded~with ,the Town Clerk and in the Registry,ofDeeds. · He ask. ed iif. there wouldn'~t always be :confusion.with' two plans~ : ~. i. ~'~'. Mr. Salisbury said that if this Board will approve the former' ~1-'~' ~'~' f~'' yman Road, the' matter can ha straightened out. Mr. 'Thomson. addressed., ~:,: ':' Mr: Salisbury~and' said~ ~Assu~i,_ng you were recording this and found ,~wo?.' .replied that he wo.uld~:go .to the :Town Cle, rkand see plan.i .~ ' ~ ',~L .Mr. :Thomson then'said t. hat if there we~g fa dispu~% it '~w0~l~ b~ di~[~- xor: a Aayman to understand. Are we,going ,to decide, which engineer ~j~,~'~L~ correct? i think the matter is ~ilI disputable and/the', only wa~,~ "~i't is' 2hrough an appeal and the~ co~rt decide it. ~.:Mr.~ Salisbury said that would put this,beard on.record'aa~notfapprcv~,:~ _ Mr.-Thomson. said that if we undertake to do t ~- +.~o-- -~^~= ~ ~ take an, appeal and nothing .will he~definitel[~settled',;until authority,makes: a decision. Tn answer ,to a,quastion from Mr Mr; 'Thomson stated that this board has ,no' authorit~ :.: Board. He"said this,was Just' a mere .board (to ~speak~ ~for: the l~orth A~ver. The Planning board,.is also a mere board ~. _. duties ~assig~ed' to them and .we have no 'right 'to 'eaercahh~:on a .board; ' · Mr.~Salisbury said ha~.was ~t sa~i~g~whc was right or wro but the' are ~ ~ Board is in favor of the plan that.~was laid ou~ - ....... M~../Finneran said .he did not t~ink' a~V actisn of ithi~ boar. d~wo'uld with,the Planning Board, "and he .thought that ,an,appea~J[,Sh~ild be'~ , Mr. Salisbury's motign ~as stilI unSeco~ded andMr. Thomson asked thought that if' t~is motion was' taken, that the~ matter,; would:,ha, settled. wanted :to[accept :the pla~:aa previously accepted 'h~' ~he~ ~oard ~'f, S~eY. ,There' wa~ a g ene~al ,',discussiOn about 'tMs matter a~i" the following '~rsons ilwgre',pr, esent~ Leo~ard Firth, Leo Gagnon, ~ohn Willia~Xohn P~]~iou, Robert' McMurray: Ralph BrasseUr,. and· Alexander, McOomis~' LOuis :Lyons." :~' · [' [,~.'ii Mr,~ McCo~ish said that if Mr~ SalisbUrY~s motio~ were Seconded:ti wOu~d~'~hOW the vote~a of/Nort~ Andover'that the Salsct~en ~nt'have anvthine n ~'8 a~ .' ' ..... ', . . · .... ' Ut _V__ O~ them.. RS said there is,au obstruction ~u. the road; 'MrL.Braa~eur,..'~? sonfirmed,'this and informed,the board that a ston~--~ was built in the"~treet at Sambataro~s driveway. Mr. Salisbury said that he ' ' -' still pressed his motion. Mr.· Thomson' said he would consider the motion end' pass Judgment after"kifteen days'hav~ passed which ia the period for an appeal. ',He said it would be,, definitely settled until.the town meeting. Robert McMurray said he felt that'the plan should be recorded. ' Mr. Salisbury ag&in.pressed his motion. Mr. 'ThOmson said that if the motion .were voted, six months from now the situation would be_no, different. Mr. Salisbury said it would point out controversy with the Board of Sal~ctmnn. Mr. Braaseur skid that. all the lots,have been sold which are-allen%ed' ~nd were sold ou the plans filed,in the registry called s part' of "Mifflin Park".; In checking plans, they don't agree with the -, July 22, 1946: LIG~ANROAD-continued Mr. Thomson said he saw no reason why the board couldn't wait until the appeal period was over, Mr'. Oagnon stated that counsel for Mr. Sambataro admitted that his (Mr. Gagnon' bounds' and lot markings were correct. Mr. Flnnaran stated that he did not ©are to second Mr. Salishary,s motion at this time. He made a motion however, that this matter be laid.over until the next meeting on August 5, 1946 and motion was seconded by Mr. Thomson. This was amaJorityvots. TRANSFER FR0~ CONTINGENT FUND: Under date of May 20,1946 a motion was made by Mr. Salisbury and voted unani- mously to increase the Memorial Day Appropriation to $500, the additional $150 to come from whatever source.the Selectmen may decide upon. This~matter was brought to the attention of the Board since the bills are now coming in and Mr~"Salisburymade a motion to .transfer $150 from the ~onti~gentFund to the Memorial Day Appropriation, increasing the appropriation to$500. Board voted Unanimously to transfer this amount. ~SERVE FUND TRANSFERS: Mr.'~Salishury brought upthe matter of transfers from the Reserve Fund and stated that for many years this hoard has made transfers from the ReServe Fund. He read Chapter 39. Section 16 and said that there was no doubt i~ his mind or in the.mind 6f the director of Accounts thattramaf~rs~om the Reserve Fund are made through the Finance Committee which in this town applies .to the Advisory Board. Section 61or. Chapter 40 was aisc read by Mr. Salisbury. He stated that the Boarder Selectmen and theTownAuditor have actedas the Finance 0cmmittee~ut that this board has no right to make transfers from the Reserve-Fund. In view of how I feel, I cannot.vote to make any transfar. Any Department should make application to the Advisory Board. Mr. Salisburybalieves that this is solely a duty of the Advisory Board and he stated, I, for one, will notI be a party to any vote for such a transfer~ ' ' Mr~".Tbomson then .said he thought Mr. Salisbury was splitting hairs as at no time have. we tried to make a transfer from the Reserve Fund. Mr. Thomson ex- planned' that the department heads come to us and the Advisory Board isnot sessionatregular intervals. At' cur last discussion, the Town.~Olerk was in attendance and he felt that the present set-up was the correct One. We are advised of the need of-the Department and our~o~e for the past ten years was to transfer from the R, serve Fund, a certain amount and then the Advisory BoArd undertakes to exercise its authority. If this request went-to the Advisory Board first, it would then come to hack to us. Mr. Salisbury. then stated that the Advisory Board is the managing board in many$owns'and our town hoard does not realize what its duties are. Mr.~ ~ames Hargreaves, forest fire warden, explained that he needed $~50for wages and expehses and until this transfer is made the men will not be paid. He recommends that $1000 be transferred from the Rosdrve to carry on for the remainder of the year. Mr. Hargreaves explained that the . mod who worked on the fire have lost time from their regular duties and they are sxlSecting to have this money next week. He explained that the Advisory Board held no regular meetings and it would take considerable' time to have .this.~ransfer made if the old method were not continued. Mr. Salisbury then made a motion that Mrs. Deardmn get in touch with the Advisory Board and ~ell them they are the ones ~c consider this.transfer. He wguld like this board to go on record.that if ~t had the power to make this transfer, it would do so. The motion was not seconded. Mr. Finneran then made a motion that w~ request the A~visory Board to transSer $800 from the Reserve Fund to the Forest Fire appropriation. Vote was unanimous. ~iMr. Hargreaves that we try to rush this~ransfar along so .that the the men will get their checks. Mr. Salisbury seconded this motion and Said he thought it advisable for Mrs. Dearden to contact the moderator and 'find out :who the actual members of the Advisory Board were. REQUEST FOR R~OVALOF TREES: A r~quest for removal of two trees on Second Street was made by Omi"rio E. Feraci of 49 Maple lcenue. He stete~ that the trees are large and darken .house. The roots of these trees are growing into his cellar and have lifted the floor up in several places. Ne is renovating the proper~y and would like the'trees removed. This matter was .~eferred to the Tree Warden for action. STREET LIGNT~REQUEST: Israel D'AnJou of 120 Union Street has requested a street light on Pole and~the board voted to request Mr. Thomson~ to check on this location and see ~if a light should be installed. 21.!8 JULY 22, 1946- continued: ' ' . - REPAIRGARAGE: Edward Norris of 69 South Bradford Street is planning on having a repair garage at the location now occupied by Raymond Cashman. He said there would'be considerable pounding on metal on the body and fender work he wants to be sure that it will be alright to go ahead with this work before he makes any plans. Mr. Salisbury said he knew of no reason why. this would hot he alright and no request of any kind was required from this board. ARLINGTON MILL BAND: A letter requesting consideration for their band for the "Welcome Home CeIehration" if we have one was meceivnd by this band. The board said.'" no plans had been made .as yet but this request would .be kept in mind. ~:. ' NEW ENGLAND TELEPHONE AND TELEGRAPH OOMPAI~: -LAWRENCE GAS ~T.~OTRIC ~0. Permission requested torelocate one pole and abandon one Joint pole . on Massachusetts, Avenue at .Hemlock Street. Mr. Salisbury made a motion. to grant this request and~vote.,was'u~-~mous .... COMPLAINT: A letter was received from Mr. & Mrs. Male of 37 E.~ Water' Street asking. ,'~bat' something be done 'about the condition existing on Camden' Street .- on four lots of land ownad by Mr. & Mrs. Mole. -Mr; Mole stated tlmt,.: MrJ' Kelly is dumping toilet and dish ,water on his land and the,.result' if that no one' will buy the land because it. is damp ami swampy. Other resident~ who signed the letter are 'Joseph, Kepis, Mr. & Mrs. Kasheta,.~,,~i:., Mr. Vickers'.and Mr. & Mrs. ,Newton. Thi.~ matter was referred to the Noard of Health for their, consideration. ~riter was so: notified. ,, , ~. 'PREO I~¢T OFFICERS: "?: .The Precinct officers for1the Coming year were not appointe~ at this'.?... ~ 'meeting. Mr. Salisbury quoted Chapter 363 which was approved which~ provides that-the Salectmen shall request lists of persons', ,,: ~ of such-'party who desire t~be 'appointo~ as election officers, from chairmen of .the town committee of each political party;' ~ Mr: made a' motion that Mrs. Deardennotify the 'chairman of. each party that we ;request'~list ;for appointments and that this'board will,receive 'thase% listgon orl,bofore August 5~ 1946, Vote was unanimous~ ': ' 'BOARD',0F FIRE ENGINEEBS: ~I~Wo '~.' Eame-tendered his resignation as a ,member of the ~B0ar'd of Fi~b~ ',Engineers to become effective July 22, 19~. M~. Sali'ebur~'said felt this resignation ehou~,.d ne puhlioised and he made a~ motion that,~,',~' the ,hgard .~ccept the:~.epigHation at this time but~ that 'it Should lot.i? ' become.':effective until a successor is a~nointed., Motion ~.secogded.<~l- Mr. Salt ~,,~v t~- - s---~" ~n manes second motion that the resignation be .... ,,~ .: ~' ~L',.'. accepted at'this time but not 'to become effective until lugUst 5, '19~6;~~' Mr. Salisbury said several of .the members' cf the Fire Departmetlt haie'?' expressed-'a 'desire to be appointe~ and they must have a leave of absen'~e. Motion 'was seconded and vote 'was u~-imous. P~REATIOIiAL COMMITT~:~.': · · The matter of appointing this 'committee was again'discussed"and Mr. " Salisbury said he doubted the wisdom :of,,having an organizational committee, lie ~ald s0me~person may be :tied Up, with .va~;ious orgAnizati01i and it would mix Ear,ers up. Mr~ Salisbury placed .the names of Mrs. Florence McGuire, 13 Stonington Street, William Smith, Prescott S}reet~,. and he felt that Mr; Smith would 'be a fine ~'s~'-f0r this Committee.'- Mr';' ~ Finnaran placed 'the name of James Ma'ckli~ %f Belmont'Street and Mr. Thomson suggested that ~the R~verend: Ralph 'D. York':woul~t be a fine' --; pers~n'for thi~ .committee as he has always 'been. intereste~ in this ' ''~ · type of work. Mrs. J.~ Edmond Elliott's ~me was submitted 'by 'Mr. Greene president of the Community Center. Mr. Sslisbury made a motion that these five persons be appointed to the Recrea%ional' Committee: which" was seconded and vote was unanimous. Mr. 'Thomson suggested' that Rev., - ' .Mr. York be appmi~ted'chairman. Ench' member will be'notified in tha near future. . · C~APTER ~99- DEPARTMENT OF VETERANS' SERVIOES: Mr. Salisbury brought up the subject of this new law and said that under this statute it now becomes the duty of the Board of Salec~man to est up'a separate bureau for Veterans' services. The law etatoa this bureau wi. ll provide information, advice and assistance'to ~eterans to enable them to px~cure benefits ~o which they are entitled, relative to empl. oyment~ vo~tignal or other educa~tional, oppor%unitie, s~'..h,os}i .t!~_lizationhPe_nsion.s, mea~ca- care or other veterans oenefits, aha w'~ ce ~nown as ~ne oe~ar~men~ of Veterans' services. The officer appointed will be known as the Director 22, 1946- of Veterans' Services and shall be appointed by the Board of Selectmen and be a Veteran. Mr. Salisbury went on to say that there is an alternative and that a town or two or more adjoining towns may form a distric$ for the Department of Veterans' Services. He then suggested that Mr. Thomson contact other towns and see what their feeling is about this matter and. it may reduce the cost. Mr. Thomson said he did not see why we could not appoint our present to an~ in thecapacity of Director. Mr. Salisbury said we may form an advantageous district with another town and /£f/~reswnt commissioner agrees to carry on, it may become burdensome before too long;~' Mr. Thomson agreed to contac~ other towns in the near future and have some ~i'nformation for the next meeting. ASSESSORS MATTER-~CREASED TAXES REQUEST: Mr. Salisbury wants to go on record as having no part in the matter which tooM place at the.last' meeting a~ which time he' was not present. He said he could see~no reason why the assessors should be deemed to be held responsible, for the tax rate. He said "any moron, cbuld ascertminfor himself that there ~was a ~$96,000 increase in expenditures for this year and had figures with him which he offered. ~b furnish to the other members. He Said they could have been · ~.;.~ ~ obt'ained/from tha.Adv~ report after the town meeting. He is in opposition to "-the vote of the last meeting 'and wants !it so recorded. Mr;"*Thomsun said he did not like the ~refarence 'to "morons". A number of had called him thinking that as a membdr of the Board. of Selectmen' ~ :be~..able to give them some information and if they. are "morons" as .then they have a right to ask for.information..: . Mr. Thomson Said.tha made to the/Hoard of Assessors was comPletely'ignored by 'them and said :"0nly anxious to :receive the,~figures from~ the ass. 'saw,fit they"~ould give. them puhTicity.: He~ said it showed a .~ack .of. ' cooperation'on the part'of the assesscrs~in not. replying, and, that:he, as a member of the' ~oard 'of Selectmen was always willing, to 'cooperate with other /" ~own departments and furnish them with ar~ information they desire. · Mr. SAlisbury ',~aid:tha board was 'not fair in askins the assessoYs'-f~ ~his . i~formation as they are nnt: accountable to the selec~mm~ and they, the :asseSsors i'-:h~-ve every:reason:to be resentful.. Mr;. Thomson then said~that Mr. Salisbury may draw whatever conclusion he liked . and he may. examine the records of that last meeting but we .woumd like to have ,.something to explain to .the people whether fha2 be "morons" or. not.. The least the:assessors could have done is:to ha~e~acknowlc~gcd~our-,~eques~;~-~ / Mr?Salisbury then said he'didr not think the action of .the,majority members . of the. board at%he last' meeting on ~uly 8, was "smart politically.or otherwise and .he wants to go on record as objecting to. it. He then offered to furnish. the "members wit~ ~ha figures he had on hand but Mr.~ Thomson ~haid he would get ~ them himself. Mr; Thommon'.hrought' out~ .the fact that the' mayor'Jf L~wrence i .,ia;:e~atement in connection with the setting of the tax rate and said he felt that .;: 'tH~ :[selectmen- could .offer. Somali explanati~'~ to .the.: toWnspeople, since, it. was . requested .by so',many, of~.them.,~,: ~r..:~Thomaon then asked'that it go on the~record that the request of this~' board to ;~he'. board of Assessors was completely ignored, .. :' ' '~' oA~'~:rt;~rf :~:~"~s the board on .behalf of the,members, of the Community '""' ' ': ', as itance and cooporatio~ at ~heir. fourth of Jul~ ~ Wan' rseeivede, ,. /~EW,:ENGLAND TELEP~0NE AND TELEGRAPH ¢0MPAI~ ? ]:A-~lettor ~as -received from ,.this :company relative to buil~'ing moves from one ....,.-Iocation to .another after the .municipal authorities issue a permit to.the .owner,; '..: of ".the ,building. The public utilities would like .to be .given an · 5~26'!be' heard and 'present facts, necessary to the work involved the co~t thereof, and: ask.,that sufficient notice be given to .'them to enable '.the .jutil~i.ties to'collect the necessary dat-"before granting a permit fora B~ilding movee DEPARTMENT OF CORPOBATI0N AMD TAXATIONz :'A 'mopy of the latest opinion entitled the "Mayor of Have'hill vs. Water Commissioners of Haverhill" , dated Jun~:2~,1946. The copy sent in May is cancelled. Meeting adjourned.