HomeMy WebLinkAbout1949-04-11459
APRIL 11, 19A9- continued.
Mr. Ira Carty stated that the state pays part of the plowing expense but it is a town
road and the town is responsible. Mr. Csrty said that no stones were taken
from the wall.
Mr.~ John Walsh then,stated that the stones were passed up and thrown into a
truck and when Constable Everson came the truck h~d gone. Mr. Walsh said that
the 800 feet was Just an estimate of the distance.
Mr.~Ralph'Brasseur stated that as far as ownership was concerned he had check
this and,at'once time it went into the hands of J. W. French but that no owner-
ship had shown'up for the past 75 years.
Mr. Coffin said that at sometime all the land was owned by individuals and if
some of the land had been taken for the road, by the town, it would be assumed
that the town owned the land to the lake.
C~.J~ Mahoney went on to say that befor~ the time of our registry the dam was
i~stalled"and the lake was raised. Stonesshow up to the Greewood property
when"the water is low and there could have been 100 feet in where the water
line.'was.'At Iow wa~er, there are stone walls which show up 'gory, c~early.
He'said that the.~ond was' taken over by the.state in 1893 and was made a
source of water supply. Mr. Mahoney said they haven't taken the whole lake
and inquiredof~Mr. Daffy what percentage was taken. Mr. Daffy statedthst
all ponds'are'over 10 acres and are called Great Pondsand come under the
Board of Public Works. Mr. Daffy then read the Act for the Board of Public
Works, Act of 1893 Chapter 202. There was a discussion of theother permits
by the Board cfPublic Works, Chapter 11, for fishing, boating and cutting
ida. Mr. Coffininquired if the Bosrdof Public Works wish .to see. this matter
of'taking stones settled. Mr. Duffysaid he could not answer for the Board cf
Public' Works.as no one has asked him to, find the answer to this question.
Mr. Walsh inquired if it had to be established Who the owners are. The stones
aretaken and I think~someone is passing the buck. He went on'to tell. about
finding garbage strewn along the highways and addressed envelopesandhe had
reported these, to the Police Department. He said on one occasion the Chief
Haverhill.' Mr.' Thomson then asked Mr..Mahoney if anything could be done if.
th~ owner' cannon-be found. 'I would think that the persons who owns the property
wofild'make the~cem~laint. ~. Walsh ~hen said that the man sent hi m down and
.the' workmen ar~the truck gave him this information.
Mr.' Mahoney said he would want to know that the town owned the' property before
making~any complaints as, this could he a very serious thing. He said he could
~ot think ofanything the ~own could dokts' take action'if it is determined that
the'~town does not own the ~roperty. ~e said if found to be ~own owned then there
could~ be'~ ~ civil suit or criminal actionl It would ~oequire considerable research
to ~hec~'i'on: this matter and would go back prior to 1869, in the ~egistry a~ Salem.
Mr~ Mahbney: said this research .would run into a considerable 'sum of tunney but ~e
wilt check this in the future and report to the board in three weeks.
,M~'Ccffinthen'inquired if the town could seize the land if there were nc owner-
ship available and then ~charge fmr the stone.~ but Mr. Mahoney would fist go into
t~at'.~
Mr~ Coffin said .bethought it was finethat since' 1893 ne one ha~ been so brazen
as'to'take stones from the'lake to build a house.
Mr. Thomsonagain thanked all those present for coming in to the board this
~ehing. · ~.
POLICE DEPARTMENT ~
John Walsh.remained~and talkedabout, various things which hehas reported ~o the
police department and no results were obtained. He mentioned two fatal deaths
and no arrests were made. He mentioned again that he had noticed papers, garbage
and other .refuse strewn along many of the s~reets in the 'town.
Mr. Coffinsaid~he realized the police could not proceed withou~kmowning the
:owners in.connection with the stones in the lake'. He said he had expressed his
dissatisfaction to the ~olice of wrious infractions and the chief, agreed ~o be
more,careful. Iwould'like to have the,Board of Selectmencall atttention, to the
Ohief ofPol~ce.to art~lell of the twon by-laws which was read by Mr. Coffin.
A,motionwas. made-and seconded that the Selectmen call the attention of,the
Ohief of Pol~ce to article 11, Town by-laws and that the PoliceDepartment be
requested,.toenforce any complaints of that by-law.
Mr. Walsh'thsn thanked the board for having the light ~e~alarged .in front of the
Town Building, and informed them that many. people'have benefited by it.
BOARD 0PAPPEALS
Mr; John Alter informed the Selectmen that h~ felt another alternate member shhuld
be appointed~to, the Board of Appeals to replace Leo Murphy who has been ill and
doesnotattend any meetings. Since no resignation has been received the board
voted to get in touch with Mr. Murphy and s6e if he is s till interested,
460
APRIL 11, 1949- continued
BUS STOP:
Mr. COffin informed the board that he had discussed the bus stop on Sutton street hear
the railroad crossing and that Mr. Chase informed him that ha would change the e~op back
to the original one on the side going towards Lawrence.
DOGHEARING:
A scheduled hearing on the Vielgolaski dog complaint was to have been held.at 7:30 P.M.
.Chief M~Kee reported that the dog has been restrained and that a fence has been. built to
combine the dog tb that particular area. Mr. Thomson said that the matter is still before
us for dismissal or disposal. Mr. Thomson said we may have trouble in the future since
we have nothing in the record as to-anyaction taken by Mr. Vielgolaski-with respect
to the enclosure.
Mr. Ooffin said that if the hearing is dismissed and the dog allowed ~o go loose
at a later date the evidence at the original hearing would be of no-use. The~
details from the lady with respect to the dog drooling on her baby was newevidence.
My s~and at'the time was one of voting against the dog. Should compleint,.nnw, come
before us, none Of us ~ad taken any stand on second complaint and this couldbe used
~ointly with another complaint. ..
Mr. Finneran then made~a_motion that the matter with reference ~o the ¥ielgolaski
dog be continued indefinitely. 'Motion.was seconded and vote was .unanimou.
CITY OF LAWRENCE- DUMPING SITUATION:. -.
Letter received from City Clerk' Lawrence informing the board that t~e city~i'ks, now-
considering and ,investigating the. possibilities of developing a new~ dumping '.ares
in another section of the city t6 .be ~operated under, the sanitary..land-fi!l disposal
method and ~hey expec~ that some action may be taken in the near f. uture. If this
is done the present dump on Marston St. will be completely discontinued. .
LAWRENCE GAS & ELECTRIC COMPANY: ' ·
Petition for permission to locate poles, wires and fixtures on the southerly side
of Massachusetts Avenue approximately 730 feet westerly from Osgood Stre~et, one.
~pole,was received anda hearing set for April 25, 1949 at .7:30 P~..M~. Ahut~ters ?ill
be notified. ..
CIVIL SERVICE- POLICE DEPARTmeNT: ~
Letter received under date of April 7, 1949 informing ~he board ~that if
wished to appoint officers to the reserve police force,~ the attached~ from_~should
be~ filled cut and forwarded to the Civil So,ice Office. The letter, ~stat~ed~tha.~
there are mwo names on the eligible list who are apparently willing ~to. 'acceR~
this type of work. It mentioned that an examination was held on March 5,
and fifteen men were notified of this examination who were .from Nor~th~Andover,~
The letter further s~ated that if. th~ board wished to. appoint ~he :tWo p.ersens on
~he list now, there woul~be no objection and the remaining fice~wacancies/~could
be filled by provisional appointments of ~veterans pending establishment~ cf Jthe
eligihile list. Yf requisitioned by the .board, authorization will be forwarded
~o appoint veterans provisionally until the list~is established. ~
LAWRENCE GAS & ELECTRIC COMPANY:
Notice received that in accordance with the letter from the honkY'dated .J~anuary 12,
1949 informing the board that the following lights have been installed-2500 lumen
on pole 2229 ~rospect Street and a ~1000 lumen on pole 2947 -Prospect, Street, installed
3/15/1949 and one 1000 light removed~ from p01e ~2775' Prospect Street.~
STONES-LAKECOCHICHEWICK: ~.
A meeting was'heldat 8:00 P.M. with respect to the ownership~of p~operty at Lake
Occhichewickwhere stones~hadbeen removed, some time ago. Mr, Thomsoninformed those
present .that this was'a problem to~$heboard and ~tha Selectmen~had ~called.~this~com-
bined meeting cf the Board of Assessors, Mr. Brasseur, Mr~ william~B.,Dufi~r, Chief
of Police, Alfred H. M~Kee, Ira D. Catty, Highway Surveyor..and~theboard ~o .see if
thelidentity~of~ownership, bz checking the assessors mapsandMr. Thomson thanked
those'presentJfor their cooperation in coming to the meeting.~Attorney C~ J.
Mahoney was'also.present. -. ~,
Mr. Coffin said that it wash is u~derstanding that the stones were ta~enfrom, the
shores of the.lake near Fla~s Bridge and Mr. ~ohn Walsh whois ~resent,co~ld. tell
you where they were actually'removed.
John Walsh checked on the maps and sa~d that the s~ones were ta~e4~about 800 feet
from Flats Bridge' toward4 North Andov~r from inside the fence ~o~the~edge of the
lake.
Mr. Thomson inquired of Mr. Wild if the area was assessed to anyone as shown'in
the setup of the maps. Mr. Wild said that there were two pieces of land which
belonged to the Town of North Andover and that the rest of the land belonged
to Mr. Stefanskybut as far as the records disclose there is no ownership on
records which applies to thearea where thestones were removed.
Mr. Duffy was asked if he had any commen~s and he replied that he no comments to
461:
APRIL 11, 1949-continued
~r. Spsdaro of 20 Inglewood Ave. requested e street light on ~ablin Avenue
near Fernwood St. butthere is no evidence that this street plan has ever
been approved by the Planning Board and the board voted to inform the
applicant and have proof given ~o this board that the plans were approved
before any street light is installed.
NORTH ANDOVERHOUSING ~UTHORITY:
A copy of the contract for financial assistance entered into between the
Commonwealth of Massachusetts and the North Andover Housing Authority and
bearing signatures of the Selectmen was received from Mr. F. ~. Kittredge,
Temp. secretary, and is filed under the North Andover Housing Authority.
BOUNDARY LINE MARKERS:
Mr. Thomson called to see if the other members would agree that if North
Andover furnished the markers that Andover would furnish the engineerand
would se% the markers up. There is another one all broken up at Gray
Street' end this could be =eplaced at the same time. Mr. Catty will furnish
the markers and have A and N.A. on the marker. Mr. Winslow would like ~o
be notified when the markers have been delivered to the correct location.
CIVIL SERVICE -continued from page 460: see asterisk.-
A~ter reading the letter received from Civil Service with respect to the
Reserve Police Force, Mr. Coffin stated that' it was his .feeling that we
s~ould wait until a suitable list is ready to appoint the seven men as
voted at the annual town meeting. He felt that if only two men were appointed
the police 'department would be handicapped.
Mr., Finnaran stated that he felt that the two men should be appointed and "
then'wait for the other five men rather than appoint provisionally.
Mr.,Thomson said he would liketo let 'it ride for a little while and see
if the list for the other examination comes through. The matter was left
that way~
SALE OF, LAND:, -
With reference ~c Lot 27 on Uplsnd'Stree~ the board voted to put an ad in
the paper And ask for bids for the sale of'this lot. The board would
reserve the right to reject any or all bids. Bids will be accepted up to
eighto!clock on April 28, 1949.
APRIL 18, 1949:
The regular weekly meeting of the Board of Selectmen wa~ held~a% 7:00 P.M.
with all ~embers present. Weekly bills and payrolls were approved.
GLENNIE'S M~LK CO:
Mr. Douglas Glennie and Mr. A. 0. Huntress came before the board to discuss
· the drainage from their new warehouse. They2teted that they wanted permission
from the state but that they couldn't get it U~cause the town would not give them
the permit they. required. They stated that they had talked with M~.Duffy about
this but that he refused to give them the permit and they thought that the
· Selectmenmight be able to help, them. Mr.'Huntress presented plans to the board
and explained that.they would'not allow any roof and~floor water ~o enter the
sewer. Mr. Glennie explained that this building was very modern with an all
rile'floor and it would be a tremendouscost to have to change the plans.
~tr. Thomson stated that he would no~ want to discourage any business and said
that the board would talke ~o Mr. Dully later in the evening and. see what'could
be done. Mr~ Huntress will be notified by telephone.
CIVIL~SERVICE-RESERVEPOLICE'FORCE
David Roche and Joseph Lawlor came before the board andMr. Roche asked the
board to reconsider the action of last week with respect to the reserve force.
He said it would seem that'bybeing the only two on the list. they would have
an advantageous spot as they are the only two eligible. To delay this appoint-
ment gives the other individuals the breaks. At least of ~our of the individuals
wh8 took the first examination and failed havetaken the~cond one. Mr. Roche said
he.thought the appointments should be made immediately since the town voted that
the Reserve Police force should go into effect immediately. If you wait for the
seven manlier I doubt if the board will receive seven names. He explained that
only about ten men took the second examination end there maybe-only three or
four who would passim. We worked hard for the physical examination and in,
view of these facts 'I would like to ask the board to reconsider appointments
for this list.
Mr. $oseph Lawlor sai~ he would like to bring out s point that if the board
appointed two men now the police department would not be undermanned as they
have the specials and constables.