HomeMy WebLinkAbout1948-08-30Angust~O,1948:
The Board of Selectmen came in to sign the bills and payrolls on this day,
there being nc ~seting om August 23rd.
LAWRENCE G & E CO.- NEN ENGLANUTEL.& TEL. 00:
· petition covering the relocation of one Joint pole on ChickeringRoed and
one Joint pole on Middlesex Street was approved hy the Board. No hearing was
reRuired.
AUGUST 30,1948
The regular bT-monthly meeting of the ~oa=d of Selectmen was held at 7:00 P.M.
with all members present. Weekly bills and payrolls were approved.
CHAPTER q0:
, Highway Surveyor Ira D. Catty came before the Board to discuss the money from
the State for Chapter 90 work on Main Street. He would like to have the work
done this year and asked that the Selectmen write a letter to the Governor or
Mr. Gaunt and see'if they can help to get this money for North Andover. He
'stated that the Job would cost about $16,000 but they would like to get it done
"this year. The board decided to consider this matter and Mr. Thomson agreed
that a letter should be sent but did not feel that it should be sent to the
Governor.
· CHESTNUT STREET:
Mr. Carry also mentioned that Chestnut Street was left in poor condition by the
Contractor who did the work for the.state.'.,The State Department sent someone
to loo~ it over and they agreed that it should he fixed and they. promised that
this would he done. Mr. Carry. asked that the Hoard write a letter to Mr. Fritz
at the Beverly Office. The .board agreed that this should be done. -
PRECINCT 0F~ICEBS:
.' :1The'matter of appointing two officers was left until the ne~t meeting as no
names were available from any of the members or from the town clerk.
INSURANCE:
An additional premium was received from the James P. Hainsworth Ins. Co. for the
Aetna Casualty andSurety 0o.. in the .amount,of $1534.97 which is an additional
amount to be added to the estimated premium which was paid recently in the
of-$2186.58. Mr. Coffin explained that this is the result of an audit made from
7/29/1947 to 7/29/1948 and when the appropriation was figured'out an estimated
amouSt.:for.this premium was given which was greatly underestimated.. Mr. Coffin
stated that this was due to the increase in salaries upon which this premium is
baaed. There is not sufficient money in the insurance appropriation to take care
of this and the hoard voted to requests transfer from the Reserve Fund in the
amount of $11~2.30. Mr. 'Whipple will be contacted to see if any other premiums
might be coming in, before we ask for this specific amount.
· REGISTRY OF MOTOR' VEHICLES:
, Letter received in reply to~ a letter sent by the board with respec: to setting
· ,. '.the speed limit' on State Highways in North Andover, stating that a copy of the
new law with reference to speed .and speed signs was enclosed and that these
-'reqUests. must be filed with the Department of Public Works and. the Registrar
.... of'Motor Vehicles. Nc.further action was taken at this time..
OUTDOOR ADVERTISING AND IT'S AUTHORITY:
~' ~'Letter received from Charles F. ~ayor quo.ting Sec. ~,, Paragraph D'.' of the
, "Rules and Regulations for the control and restriction of Billboards, Signs
:and other Advertising Devices" which states as follows: "No outdoor advertising
shall-he painted or affixed .uponany fence, 'rock, pole or tree nor directly upon
the'~wall of any'building."' The letter refers specifically:to the political
season and asks for the cooperation of the board and their local enforcement.
ESSEX'OOUI~TYRETIR~T BOARD~
Attention of the board called to the provisions of Chapter 588,'Acts of 1948
which provides for an increase of the amounts of pensions payable to certain
~former public employees who have been retired and to beneficiaries of certain
retired public employees.. Sec. 2 of this c~pter provides for acceptance o?
by the goverumentalunits~
DEPARTMENT 0F PUBLIC UTILITIES:
A public hearing will be held onSEPT. 14~. 1948 at 10~00 A.M. in Room 166
State House, Boston, with reference .to propriety of the rates in certain
schedules for telephone service filed in the Department on April 21, 1948
and to Become effective May 21, 1948 by the New. England Tel. & Tell Co.
402
A~UST~O,1948- oontinued;
0opyof agreement between Michael Cristeldi and the Town of North Andover wa~
sent to Mr. Cristaldi on this day and a copy of same is on file in the~Selectmen.s
Office.
M~FFLINPARXDISOUSSION:
A large group of citizens from the Mifflin ParkA rea came before the Board and
members of the Advisory Board were also present, Ira D. Carry and Ralph Brasseur
engineer for the town.
Mr. Thomson opened the meeting by explaining that various hearings had been
held involving the conditions and acceptance of streets in the Mifflin Park area.
· He stated that the Selectmen cannot adjudicate these streets until rules are
complied with and written appro~gl ii received from the Highway Surveyor. It
has been a problem both for the people and the Selectmen. Ne think that the
whole town is involved. We invited the Advisory Board to come in to' advise the
town with respect ~o problems and hare asked ,that they listen th the ~eneral
situation and then advise the Selectmen and these p~ople in regard to,the~ whole
set-up. We have previously agreed upon a form of agreement to be properly
executed before sewer or water can be installed. Unless the Developer. agrees
to pu~ the streets into good condition within one yr. then the Selectmen or
the Highway Surveyor may undertake to put the streets into condition and the
cost will he on the developer. In the future if the town votes to install
water and sewer the streets will be in proper condition for acceptance. Mifflin
Park is an isolated condition and if the town ~otes to install water and sewer
upon a private way, it. will be incumbent upon us to enter into an agreement.
Mr. Carry has informed the interested parties what is required. We believe that
the interested.parties are ianocan~ victims. They pay taxes and get nothing in
return. ~f I understood correctly at the last meeting, these people ware-
willing to coopera~e and put the streets in condition ,which 'would be acceptable
to the Highway Surveyor. If there is any feeling against a certain developer
! feel that there ought not to be at this timej Our problem is to try and help
these people. Since the Board of Selectmen are powerle'ss to arriveat a solution,
we have asked the Advisory Board to submit .~n opinion and advice. Mr. Thomson
stated.that C. J. Mahoneyhad been asked to be present but he is outof town.
Mr. Coffin asked if his understanding was correct that these people were ~o
hire an engineer of their choice and have' him submit his opinion.tothis meeting.
Mr. Reinhold stated that they had~no'thing specific to go on and now~that they
have received the information frum Mr. Carty,.which they consider pretty stiff,
they decided not to.have an engineer as the expense would be terrific. He said
they had merely asked for oilingof the streets and did not ask for surface
drains. He mentioned that the men from the State had been here and they said
that they waffe willing to let the water go through their drains. He~.said that
the'people d6wn there' were either pretty dumb or had been innocent and that is
how they got into this situation. He hopes that the Advisory Board and the
Selectmen. would see it that~way.
Mr. Coffin asked that the streets'be named so that all would be familiar with
what they were talking about.
Mr. Sunderland, chairman of the Advisory Board stated that he did no~'~derstand
why his board had been asked to solve this problem. He showed two copies'of
letters signed by the Highway Surveyor and asked that Mr. Thomson read'them.
He said that the Selectmen have very'definite plansfor adjudication of streets,
and the section "In con$~rmity.with recognized highway practice" could be said
to be "passable at all times duringlthe year" and this would he much clearer
to the people.. Possibl~ another engineer could give advine as to what is' needed
for these particular streets. Mr. Thomson then read the letters from Mt. Carry.
One letter mentioned that it would be necessary to drill holes in the road to
be done by a registered engineer~ The other letter mentioned that after, examina-
tion of Putnam.Rond, the proper drill holes are not in shape. Mr. Sunderland
stated that ha&id not know why the Advisory Board was brought into this. discussion.
Mr. Thomson said he thought that the opening discussion would shew.[ou why you
were asked to come here. He asked ff the Advisor,,Board feels that each one of
these rules should be complied withor if this is considered an isolated
situation, does the Advisory Board feel that we sho
t~ ~ _, ..... .-- uld be lenient. He said that
ne ooara cz ~emec~men nas ~e power to adjudicate the streets. They. have drawn
up regulations for steeets for acceptance by the town. Ne referred 'to the one
regulation which states "Unless in a particular'case, and this should be
considaredas such. There is nothing within our powers to do anything about this.
Mr. Salisbury thensaid that it was time to.stop.pessing thabuck and as :such,
the tdvisory Hoard should not be passed a "hot potatoe". He said he had a
suggestion to make. The matter of laying out streets is up to the Board tf
Selectmen. The town has no right to tell the Selectmen to do anything. They
could do one of three things, first-.use the rules as written and apply them;
second, Waive all rules and accept the streets; third, Waive somec~the rules
and apply the others. Ne said htfelt thatthe Board should be willing, to
accept some engineers report as to the condition of these streets. He said
the Advisory Board cannot act until after s public hearing has been held.
403
August 30,1948:
Mr. Thomson then said that the Selectmen were asking for advice and the
Board tells us to "do as we want."
Mr. Salisbury said that this is a matter of adjudication. First, he believes
that Mr. Cer~y is too stiff with the people and one other thing, which he
believes wouldhe hacked up byMr. O.J. Mahonny is that the town canno~ spend
any money until the Selectmen adjudicate. He feels the problem is who is
going, to pay to put these streets in condition. The~too,, in 194~ in connection
~with an article for installation of wa~er and sewer, which was voted upon~
provided that proper assurance is given to'the Board of, Selectmen that reason-
able conformity of streets shall be made, agreeable to the Highway.
lessen the S~urveyor.
Mr. Thomson said that assuming we alleviate rules tS some extent and %his,: tO
cost and the ,Highway Surveyor asks ,for money to do additional ~ork o
the streets; if, as a result of these alleviation of rules, some condition is'
presented, and if accepted by the town and if a.greater expense is to~e ,
is it.improper.to ask ifthe-AdvisoryBoard ~ill agree to vote on this add:
money? There is money to he spent, more so, than if the rules are relaxed. If,,:
we relax these rules, what'is,the re-action of the..advisory board to spending
additional money. ,
Mr.-Salisbury stated' thattha Advisory Board is under oath tota~eno action
until after a public meeting. ~t is a matter of balancing their interests
the To~'s interest.
There'was further discussion between Mr[ Salisbury and Mr. Thomson.
Mr. Firth then mentioned ,that atthe last meeting on,suggestion of LaWY~
- Trombly,.it Was felt that the town should see if the,developer~canbe made to
- do something. Re mentioned'that Mr. Reinhold hadimprovad his place~,eonsiders
andif each family would do this it woald help the,condition'consi~erably.,,..,
Mr. Russell'Dow stated that the people'had no time'or.money,~o,,spendin.this.,
way. He said'the state engineers said we didn't need drains.
Peter~Ritchiespokeofthe plans passed by his planning hoard and.that the roads
L',,,were,:in condition at that time and after two years, :the gravel had washed' off.
.He,id the grade'was not met in some parts. ~flooked after at t~t time,,they',~:
would he in condition for acceptance hy the town at this time. 'He-also
the new law with respec~ to the authority of the planning board Having
authority to force the developer, to put the roads in a.conditiom whereby,'
will,accept them. This'law ~as not ineffect when'Mifflin Park was. started~
hut it can be done now.~
~r. Coffin aaid that the crux of the situation is drainage and the people are
willing to~do,, everything except put in the drainage. Mr. Oarty~ is unwilling to.
, accept the streets as. they ar~. He fe~ls· that, ~he-people, ShOuld put,the ,drain
holes in. The ~electmen lookdd the street over and there wasvery~littleashes
or gravel~ there.'' Caring for the,water is the crux ofltha problem. He. said
contractors will be' compelled ,to do.this if the.agreements are 'lived up
I ' understood people would have engineers,, and ha~e him ~ advise, this, meeting
wha~ he thinks about the streets. Wewanted,to/have the Advis0rylBoard hear~
tha,de~neation o~.the engineer and advise,,us if, we should insist,on:u
drainage.
· ,Mr~'~Fitzgerald of the Advisory board brought up amatter of an article which
gsked,'~for $9000 and it. was voted not'to.~'appropriate~this',amoun~ o~ money. He
~!~ai?)~S' sg'o~.as, the street is accepte~,~ the town mayS'incur ~he ~xpense of
Mr; Brasseurlsaid that his understand~ng of'Mr.~Fritz:taik:was that now'~'
there is a cut-off drain and the state is agreeable t~ some of the water going
into the state drainl He said that'Lyman.Road ,will have 'to~,ha~huilt upand.that
:~l~tnam'rcad r~lies ,on Lyman Road for r~lease of the.water. Eventually the
state will.force the town to put adrain in.
'Mr; Salisbury then suggested that the board relax their rules forthis case
only, See if the developer and the people can get together' and present
to ~hi's board andwe will then furnish advice.
Mr.[Thomson' suggested that the Advisory Board sit in with the Selectmen
overjthe rules and, help to set upnew ones and'then adgiseus.
~-~fMr. Salishury said that he found that a smaller cSm~ittee always worked better
than a large cnw'and he suggested:that the Selectmen and one or two.members
from the Advisory Board sit in with the ~ighway Surveyor.
Mr. Thomson then said that in other ~ords the Advisory Board refuses to sit in ·
'withthe Selectmen 'and go over these rules and give some advice.
.Mr; Salisbury said these are the Selectmen. s rules andit is upto this hoard
to"change them as they see fit.
Mr. SalisbUrYsaid his hoard would give their opinion if and when the Selectmen
changed their rules and ~resented them to this~hoard.
Mr. Sunderland stated the Selectmen-weretrying to put. the Advisory B~ard on
~tha. spot" and theydon't choose to he put on a,~epet!,.
Mr. Thomson then said thatthe Selectmen asked the Advisory ~d t? give advic$
and they have not tried to duck any issues but they do not feel that ~
relax their rules unless the Advisory Board can go along and get rules and
fit the ~f will meet with us, that is
meet'with us, is also
404-
AUGUST 30, 1948: continued
Mr. Himber then suggested that the board make rules to enforce the Lawrence
G & E 0o. to put back in condition, any roads which they dig up to install
service or repair service.
Mrs. Florence Keefe spoke br~Zfly about the condition of the roads two years
ago and asked that the board accept the streets as they are now even though
they may not be quite alright but they could be fixed later.
Mr. Finneran then said there was some question of water on Mass. Ave. and if
we check this with the State Department and find that they willagrse to allow
the water to run into their&rains, we will relax our rules pertaining to the
rules and regulations of streets and check with the engineer to find out~ what
constitutes good highway conformity. When we get that information we will
meet with the advisory board ~and parties interested and probably get somewhere.
Mr. Russell' Dow s~ated' that he didn't see why these people should have to
spend anymoney on the streets and he felt .that it was the town's mistake
and not the mistake cf the people. Something should have been done~efore.
Mr. Cuomo mentioned that the people had put the streets in good condition at one
time and then the heavy-~ain~washed it away..When the roads were good, nothing·
was dons.
Ar. Coffin said that when the Selectmen went down to look the~roads.over,
they did not find the.streets in good condition. There was no gutter.drainage
and they were certainly not in condition for acceptance.
Segeral of the residents discussed the conditions of the roads and also various
other roads in the town which have been accepted. ~ '
St/ Thomson Said we must get something from the State Highway Department~with
reference to drainage and we will let the people know at a later date and that
-the Selectmen willbe glad to'have a member of:this.organization present.
'Meeting adjourned from the ~ourt Room.
Sp~.nING:
Peter Ritchie reported speeding on Mass; Ave. after eleven o{clock,~ when
machines go about 70 miles an~hour. He said he would call this ~o the attention
ofChief McKee.
.Meeting adjourned.
SEPTEMBER3,1948: ' ·
The Hoard 'of.Selectmen came in to sign the bills and approve the payrolls,
:there ha~ no;meeting on Sept. 6,1948, Labor Dey..
EAWEENCE GAS & ELECTRIC COMPANY
The' Bogrd Voted ~o request a survey of,~lights required and cost of same, on
Raitroad Ave.' from Turnpike' Street, where there are s~varal ~,new houses.
A request for a light was made by Leopold Bingham of Railroad Ave,
The'. BoArd~ also voted to request the removal of a pole at 15 Wood Ave. which
is :[n.~the middle of the driveway of Mr. John Ventrillo and he cannot get
his, ~ruck into the &rive. They glso requested the Company to check on a
p6'ssible street light in this area.
A petition for location of one pole o~.the northerly, side of Dale Street
apl=oximately 150 westerly from Winter Street~, one pole was accepted and: set
down for a hearing on September 20,1948 at 7:30 P;M. in theSelectmen's Office.
Abutters w~ be notified.:
SEPT?~ER 13, 19/~: .
.,The 'regular weekly meeting of the Board of Selectmen was held.at 7:00 P.M. with
all members present. Weekly .bills and payrolls were approved.
STREET LIGHT REQUEST:
William Kozloski of 18 Lexington Street requested a street light on'Lexington
Street. He said there are no l~hts and it is very dark. He said, there are
three houses on the, street. The board ~oted to check .the appropriation left
and if possible they will have a light installed. Request will be kept on
file.
ELECTRICAL INSPECTOR:
Chief ~ames Hargreaves came before the Hoard to inquire about the app~intmont
of a wiring inspector for the town. He stated that he was doing this work
himself at this time but he does not feel.that he is competent.. He s~id the
only code in town is what the State insists on.
Mr. Thomson explained that there is to be something in the by-laws which are
now being revised, about a wiring inspector and these may be presented at the
next annual town meeting.
Mr. Hargreaves stated that the state inspectors come in and make periodic visits
and inspect certain installations, such as oil burners. Re also stated that
it is difficult for an inexperienced man to tell a licensed man how a Job should
be done.