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HomeMy WebLinkAbout1950-10-30 Board of Selectmen Minutes ly meeting of the Board of Selectmen was ~eld at ?:00 P.M. with all members present. Weekly bills and payrolls were approv, ed. REQUEST FOR ~%EE REMOVAL: A request for the removal of a tree was received from Mr. Charles Morgan, 36' Milton Street. The Board voted to refer this to the Tree Warden and a hearing has been set ~for 11/~9/50 .a't 7:25 on this matt~er. TRANSFER FROM NERVE FUND: Appr'~val has been received.frum the Adviso~-y Board for the transfer of $50 from the Reserve Fund to the Armistice Day Appropriation (to take care cf the food item.) LAWRENCE GAS & ELECTRIC CO.: · Notice received from the Law. Gas & ElectricCo. that alO00 lumen light has been installed on P01e 3412~ Foster St. corner of Winter Street. The light was turned on lO/ O/ O. Notice also received that 1000 lumen lights have been installed as follows: P~le #2925, BoxfordStreet, 10~18/%0; Pole.#2466, Salem,Street, 10/20/50; Pole #2470, Salem Street, 10/20/50; Pole #2473, Salem Street, 10/20/50. Notice received from the Gas Company that they have viewed the location on Court St. and agree with the Board of Select, ach that a light should be installed on Pole #lCL1. Taey will advise us when this has been completed. Selectmen granted.permissien to the Gas Company t6 locate~ poles, wires and fixtUres '-, on the westerly and easterly sides of Winter Street, at points approximately 1367eet.. and 247 feet northerly from Foster Street, 2 poles. (new service for John Pas).... Selectmen also granted permission to the Gas Company to ~ocatepoles, wires and fix- ~ures on the southerly side of Gilbert Street, at a poSnt approximately 290 feet. easterly from'BaldwinSgreet, lpole; and on the e~sterly side of Patriot Street, . opposite'Gilbert Street, 1 pole; and on the easterly side of Patriot Street, point ~_~?imatelyl00 feet ~outherly from Gilbert Street, 1. pole. ESSEX COUNTY RETIREMENT BOARD: Notice received from the Essex coUnty Retirement Board c~lling attention to ~he..pro-. visions of ChapterB20., Acts of 1950, relative to an increase in the annual amounts ~fcert~in pensions, retirement alliances, annuities and other benefits.., Attention was also ca, led to tbs provisions of Ch~cter 7§3i Acts ,0f"1950, .relative t~ making applicable' increases in retirement sll0wance~ to those persgn~ ~etiredafter 1/1/46 with a minimum allowance.. ?E~/BROOK'ANDTYLERROADS:' ' ~Certification received from Mr. Catty as follows: "that the foll~wing.~oads_are in proper condition for acceptanc~ [1) Pembrook Road from Green Street~northerly for a distance Of~fourhundred forty;five feet. (2) Tyler Road, for its complete:leng~h~ b~tween Pembrook and'WoodbridgeRoads) The Board votedto hold. a public hearing November 13, 1950 at 8:00 P.M. Lrelative to the adjudication of Tyler and'Pembrook Roads as public ways. SCHOOL COMMITTEE: Mr. O'Brien in~'ormed the Board that there was a sum of $20Q,OOOpayable to the Town on' the'School Building Project, $35,000 of'whichwas due this year and similar amounts until.~final payments ar~ made. Mr. ~,wer prepared~photostatic copies~ofi'a~l' bills and they want evidence of the accepbance of'sch6ol buildings .by the proper ..~ 'authorities. There is nothing in the law'or Town by-laws to say who had this author- ity. In.the 1950 law there 'was something about the fact that 'the School Commit%ce should acCept ali school~,~]~ingsand'Mr. O'Brien wo~eredwhatsteps they c6uld take. The School~Building Committee comprises three members.of the School Committee. He~'w~uts some proof that this is the right thing %o do. In the 19~0 law, there was an amendment thatthere is final approved cost by the commission after local approval by the lo~alschool-commi~tee. Mr. Thomaon statedifthe school committee passeda vo~e, it w6uld seem the right thing to do. They decided they would ask the school committee to tak~ care of this. CHANGE THE NAME OF RAILROAD AVENUE: Mr. Thomson stated that they had before them the matter 6n the petition tO change the name oS Railroad Avenue to Waverly Road. There were 136 people in accordance with this, .and it had been properly advertised. Mr. Arnold Salisbury spoke ~cr the petitioners and said he had been asked to represent their purpose .and he would speak informally. There were 136 names signed to the ~etition, and all but five are resi- dents of Railroad Avenue, and five own land on Railroad Avenue. Mr. Salisbury said he would Iike to sugges% the thought that this matter is no% town-wide, but is purely localized. Mr. Salisbury presented a hypoShetical case...if 136 persons presented a petition to change the name of Bradstreet Road to Tobacco Road, the board should waive most carefully~the people concerned against those not interested~ Also there were presented a% this meeting some true anecdotes as follows: One signer who signed was in the South Pacific and he "took a good deal of riding,' and people wanted to'know what side of the track he lived on. One business man who had to go out of town was unable to get reservations and he felt it was due to the fact that people were pr&Judiced by the name Railroad Avenue. Thase people on Railroad Avenue want 'relief and when the petition was started, they didn't care what it was called as long as it was not Railroad Avenue. Waverly Road was the comprised agreement as the entire area was known as Waverly Section. Lest Saturday, there was an article in the Tribune about the historical meaning of Railroad Avenue and in another article, there was mention made of the' fact that Philip Sutcliffc had been a mailcarrier for 25 years in the Waverly Circle area. Mr. Salisbury stated that this board had the Jurisdiction to change the name of the s~reet. Back in 1872, it was changed to Railroad Street, never Railroad Avenue. According to the 1950 street List, there are 207 residents on Railroad Avenue and 131 residents signed the petition. There are 52 home-owner residents of Railroad Avenue and 39 of these have signed the petition, or a total of 75% signed this petition. The total valuation cf those homeow~ing residents ~ho signed 'is $190, 260. and the total valuation of these who did not sign is $58,610. ~he total 'number of different house numbers on Railroad Avenue is 78 and the total number of house numbers represented on petition is 59. ~he problem is now before the boar~ and Mr. Salisbury said he would reserve his .rights for later. Mr; James ' Murphy who stated he was a representative of the V.F.W. was against this petition and. he felt'that ar~ chang~~ of a name 'cfa street should be after a veteran. He stated that four years ago, they had an argument with the Board that if any streets w. ere to be changed or named, it wou2d be named for a veteran or ~eterans. Mr. Thomson ' asked Mr. Murphy if he would pick one veteran in preference to another and Mr. Murphy ~' replied~ "no." Mr. McInnes stated 'he had 200 signatures and they were not purely localized but~kll are interested in this ~matter. He stated that a good many who signed the previous petition have 1changed their minds and were now mn favor of retamnmng the name of Railroad Ave. 'Mr.-McZnnes stated ~several people wished they hadn't signed and statsd~ they never heard of this until it was inthe paper. ~He saidit-was interesting to taik~to th~ .different peonle who signed. He thought Mr. Salisbury said it was named in 1872 (lst p~titiou)~ possible named after the eld railroad before tho dam 'wAs built,' when it made a city out 'of~a town.; ~Mr.. McInnss stated'he didn't know' any~other 'street in '~.town~with more sentimental value. He h~s been in business~f0r' 25year.~' an~ wa~ never questioned as to which side 'cf the street he' lived on~ He is in fa~o~, of~retaining Railroad~Avenue as.~the'name 'and believed that they should. get some consideration in no~ sllowing'~this~ change. Mr. Bingham of 701 Railroad Ave. said ~they have: the same trouble in Belmont as here. He has been in North Andover.. ~for'-37 years, and:.be:has- 'charge. accounts in Bo~ton~ and everybody looks at him in ai queer Way.1 .: He ife~lS"that ~ the~name :shottld;'be ichanged:to Waverly Road. Mr. Harry Holt .who signed~ the petition :s~id ~he Was'in~faVO~ of retaining the name of Pmilroad Avenue a2d is not afraid of ~the~name'Railroadl~'Avenue. In~hts. opinion, many great men were~ born ~here.J spoke for Fre~ Leach who could not be at the meeting~ but w.as opp0s~d.to a~chkdge lin · name. Charles Hinxman and his v~ife were opposed and'the Cdnios~ Murphies and'McCa~thys and they were four of the eldest families in town and were sorry ~they had Signed ~the previou~s petit.ion. They are all good citizens and living .on Railroad Avenue has. ~one :' them lno~har~. 'Mr: ~-McZnnas felt that'a change would affect.~his business, an~_~ he 'felt the ~name Railroad 'Avenue sh'ould% be' retained (~usiness~at~ 9' RailrOad~ Ave~.)'. ~Mr. M~r~hy said that if. you were going to start changing .names, it "doesn t~make sense.~ ~.Eve~ybody will .want::a street name changed. Mr; SalisbUry S~ated~:~hatlhe did no~'live ~n Railroad omo ~of the ethers'who~ are opposed' but he goes over it every ~iday and-' he doesn't care what it is called. He said if he did, and. a mibstantial number of his neighbors did, he would ~stili feel it could be changed. He asked ,Joseph Duncan if the railroad was discontinued after Lawrence was established and'Mr~ Duncan replied 'there .has been, no,railroad for'lOC years. Trains not'invented b~£ore 1830 so b'etween 1842 .and .!848~ there was railroad on Railroad Avenue.. ~ If seven' years makes such a !~int, Mr~$altsbury didn't think~we were laying historical back~round~' Pm4tlroad St. was.named in~'1872'for no better reason because they couldn't ~think 0f 'a'bett~r name. ~Marbleridge~Roadw~s previouslyDepo$ Street, but r~sident~ petitioned for a ..change, and .'the.~mame .~was ~ changed. Mr, .S~tiS,bu~yas.tated~ that if the. fellow from 'the' V~F~'~. ~H'ad good method of picking one veteran, that would be fine but this is ~an insoluabZe task · to pick one veteran. · T~o youngsters of this town~ now deceased, lived ~on Railroad Ave. Mr. Sslisbury has 'heard people who signed the 'first petitio~ say lthay' ~ave bee~' t01d theywould Have.go change their deeds, have their telephones changed, etc. bul~ this is not true~. '~he'one possible interest is the cost tb the town of signs. The town wouldhave to'install new.signs but'the petitiune~s will donate'one~-'.and this question should be decided as soon as possible. Mr. 'McInnes stated that'an ap~eal- m~y be taken and property owners may sign for a review (appeal). Mr. Salisbury stated they had a right to appeal. If the Board changes the name of the_',street, the petitione'rs have the right of appeal but if the name' is not changed, the petitioners have no right of appeal. Mr. McIunes hoped this would be 'decided. Mr. John Keaney, 107 Railroad Ave. was opposed. 'Mr. 'Coffin stated that 'there were not many incidents recited relative to embarrassment. Be said that Mr. Salisbury mentioned Depot Street but there were only three er four residents and it must have been unanimous at that tim~. ' Mr. 'Coffiz thinks it is true that communities take pride in historical elements. Mr. Coffin 'did not feel that the name Railroad Avenue was too bad and it seemed to him that "railroad~ have been the greatest pride of our country. He doesn't think the name "Railx;oad" itself is anything ~to be ashamed of. Mr. Coffin also feels that it-is dangerous r~sk-y to change names without good reason and great unanimity. · Mr. Coffin also felt OCTOBER 30, 1950 (continued) that changing the name would mean extra work for business men. To sum it all up, . Mr. Coffin thought the petitioners should be respectfully given leave to withdraw this petition. Mr. Finneran asked Mr. Coffin and Mr. Thomson if they thought the Board should decide this mutter tonight. Mr. Thomson asked if they wanted to refer this to the V.F.W. Mr. Coffin stated that they did not have unanimity of those of the V.F.W..interested. Re stated that in naming fo~ a veteran, that was a differ- ~nt .thing and the petition should be presented in that light. Mr. Thomson said he did not believe the people were necessarily determined on the name of WaverlyRoad. Mr, Finneran felt it was favorable to change the name to Waverly Road. Mr. Thomson stated that it was his inclination to follow the ~ishes of RailroadAvenue residents. 'He did not feel there was financial hardship as a result of this 'change. He wanted ~o express himself with respect to Railroad Avenue as an individual inciden~ and not a precedent for any future changes. Mr. Coffin stated this would weaken any defense if another petition were presented. Mr. Thomson stated thatwe have another historical socie~yim town andwith.respect ~o Railrcad Avenue, he would be swayed greatly if they were opposed and he doesn't want any action to be used as a precedent for the future. Mr. Thomson seconded the motion to change RailroadAvenue to Waverly Road and it?as a maJority vo~e with Mr. Coffin voting "no." TOWN BY~LAWS: ~-~rought up the matter of the Town By-~aws and felt it was getting late in the season and some actionshould be taken~relative to this matter. It was felt that business and industrial areas should be considered and we should look to the future. Zf it i~ ali a residential.area, there is ne fu~ture. This matter of by-_~ law, was discussed to some extent and the board finally decided to invite the Board of Appeals in on November 13, 1950 at 8:15 P.M. with a'spectal invitation ~being:extended t6 James Poo~ a~d John Alter. CO~.~J~INT: -.,~'l~oodhous~ came before the board as a result of a ~omplatnt aga'~stlhim-9~ Mrs. Mary Hallsworth who stated that Officer Woodhouse had said some thingsabout her. Officer Woodhouse denied, having said anything about her and said there was no basis ~o her complaint. Mrs. Hallsworth said she had no proof so she ~uld with- drawher complaint. 99 BOARD OF~ PUBLIC WORES :' ~ etter~recemve Yom Mr. ~m. B~. Du[fy relative to a damage 'claim from Wm. G. Means but no action was taken on this and it will be held over until 11/6/50. RESIGNATION AS ~ARDEN - PRESCINCT ~ received from Chas. -. Driver advising that due to a muscular condition of his~ b.ack and side, he will no~ ~e able. to serve as Warde~ in Precinct 4. APPOINTMENT: ~'~was appointed this day as Warden in Precinct 4. (until July 1951) U'.lll O , . . five. hydrants being opened. Mr. Duffy said we had never had this trouble before " ~ and it was very s~rious. A reward of $100 has been posted for the apprehension-of ~perSon. or persons responsible. The regular weekly meeting of the Boar. d of Selectmen was ~eld'at 7:00 P.M. with all members :present. %~eekly bills and payrolls were approved. .LYMAN_ ROAD - Dr_aina~e S- tom ~r..'..~nomas. Fendlebur~and~three-other reSide~t~ from this ,street came in to discuss the drainage system on .Lyman Road. Mr. Pendlebury was spokesman for the group and he said they would like ~o have it extended 240 or 250 feet more. They have discussed this with Ira Carry, Dewey Dyer and everybody and this is the last .resort. They came' down to see~hat could'be'done. Mr. Thomsom told the group that Ira Carty had spoken to him about this and as Mr. ~Thomson understood it, Mr. Carty has gone as far as the article in the warrant permitted him. to go. He has no money to go this additional distance~ although it would be a savings of money if it could be .done now. Mr. Pendlebury stated that Mr. :carry has everything down there now in the way of muterial and equipment and Mr. 'Mrasseur estimated the cost to be about $500. Mr. Thomsom again stated that~ Mr. Carry was limited in the amount he could spend on this project. He understood that Mr. Carry had been to the members of the Advisory Board but they would no~ permit a transfer, lMr. Finneran wanted to know if this was an accepted street and Mr. Pendiebury replied that ,over half of what has been done is on an unaccepted street. Mr.' Thomson stated that Mr. Catty felt this work should be done but the Question is where can the money come from. Mr. Coffin felt this should be done now in order to effect a saving. He wanted to know how much this work would cos~ next year and. Mr. Pendlebury said you would have to consider hauling all the material, equipment, etc. away and then bringing it back next year. Mr. Thomson thought it would cos~ $1500 to complete this through to Middlesex Street.