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HomeMy WebLinkAbout1952-03-31 Board of Selectmen Minutes MARCH 31, 1~52 , · 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. COMPLAINT:-APPLETON STREET Mrs. Annie Moysenko and her daughter Anni~ Tymvaco~iecz of Appleton .Street came before thc board to complain about Walter Stamp who had been rude to her whan she told him she wanted gravel on the street and not stones. Mr. Carry went down there but he didn't do anything about it. The road is in bad condition and ~they can't get out with the hay. Daughter said the men came out and piled the stones along the side of ~he road after anpther complaint had been made to Mr. Catty. ~ She said she hsd ruined one tire, bought a new one and that one is split. She said that Mr. Carry h~d fixed private roads, rolled them down, etc. but~he didn,t fix their road. She said the ambulance had to go down there on one occasion and they had a hard time getting through. The Board will check with Ralph Brasseur and see when par~ of this road was dis- continued and they will 'also check with Mr. Carry and the board will view this road if possible. Abutters will be notified, also Lav~ence G & E Co. STEVENS HALL: Americ Lanni asked for permission to use Stevens Hall on April 19, 'forthe V.F.W. and the Board voted unanimously ~o grant permissiom, pending approval by Mr~ayes. , Mrs. John Cronin asked for permission ~o use Stevens Hall on April 26, for a testimonial for Joseph Walsh. Board voted unanimously to ~antthis request~.~sub~ec~ to approwl b~Mr. Hayes. DEPT. OF~ PUBLIC WORKS- G~REAT POND ROAD: · Letter received relating to easements to be obtained from owners of-property' on Great Pond Road so that certain slopes maybe made in grades and plans the various slopes were attached. Thisis with respect to'Chapter ~0 work for which contract has been a~arded to 'Maillotof Salisbury,~s. ~h'e board voted to refer this letter and plans to Atty. Elwyn King and reques~~ that he ta~e care of the easements required COMPLAINT-SPEEDING: Mr, Coffin stated that he had received complaints .about trucks speeding 0nEast ~ater Street, go~ng out%o the Highway. There are quite a,number of children~in. t.his localmty anu the board voted unanimously to refer this matter to the' Chief~ Police and request that he check.the possibility of.p!acing warning signs there. LAWRENCE GAS & ELEC'iRiC CO: Petition £or permission to locate poles, wires, etc. on the southeB~y side of Street, at the easterly side of Alle~ Street, 1 pole. On the southerly Side'6f Russell Street, at a point approximatelylOO Teet westerly from ~,llen Street was received by the board and a hearing set for April i4~ 1952 at 7:30 P.M. STREET LIGHTS: . . . The following street li~h=s have been installed: 1000 lumen light on. pole 1~851 ,~ ~et~ra ~St~eet, 3/14/52;' pole 3535, Winter St. 3/22/52; 1~O6 and 1510,.~ ~Turnpike street, 3/1/52 and 1431, Dale Stree%, 3/3/51. A lOOGwatt lamp was removed f~om pole 1510, .Turnpike Street on 3/1/1~52. ~ S~e letter ~of 3/27/52,Law. G & E Co. RED CROSS TAG DAY: Mrs. Pauline Blood requested permission to hold a Tag DayonApril 4'and 5,' under the~ directions of the Red Cross, the proceeds to be used for the. benefit~ of the tornado~victtms. The board voted unanimously to grant this request~and inform Mrs. Blood. of their actionl T~EERENOVAL~QU~STS: Mr. Charles Tierney, 14 Annis Street, requested the removal of alarge~tree in front of his property. He stated that the t roe causes water to get into his ~ellar and he is too old now to take care of this n~isance. The Board voted to refer the mather to the tree warden for his investigation and maotion. James Calzetta, 407 Johnson Street~equested the removal of a'tree in fron~of of his property. The board voted unanimously to refer this matter to the tree warden for ~is investigation and action. MARCH 31, 19~2- c ontinumd DAMAGE CLAIM~ Leo Eane submitted a bill for $21.50 for the cos~ of repairing his car which was damaged when it struck a deep hole on Pleasant Street in front of the Page residence. ~ne Board referred this claim to Mr. carry for a report on the road condition. DRY SEASON: Mr. ~homson brought up the matter of the dry season coming soon and suggested that the board contact some of the farmers to see if we can't have the old fire truck left do~n in that section where it can be used quickly in an emergency. He suggested that we reques~ the Kimball Distric~ Association to send a representative her and anyone else interested to discuss this matter~ On ~Next Monday.~ev. enl~g, April 7, at 7:30 P.M. ' SPECIAL POLICE APPOINTMENT: The Board appointed Archie Gourley, 100 Main Street~ as a special police officer, by. unanimous vote of the board. CO~ISSIO~RS OF ~SSEX COUNT~- PARKER STREET- ~he Board of Selectmen, representing the Annual Tow Meeting of March 15, 1952, voted '.~nder Article 21, of the warrant- to abandon and discontinue Parker Street for a distance of 1200 feet from Chickering Road ~o~ards Green Street, whichlwill be necessary'in Order to construct a new school building, and that common convenience and necessity require. that a Dortion of Parker Street as relocated by a decree of the County Commissioners issued December 21, 1920, be discontinued. They pray that after due notice and a hearing the County Commissioners may discontinue a portion of said Parker Street which by reason of their action may .no longer be necessary, all as in their Judgment may' be necessary. A fee of $9.00 will be sen~ to the Clerk of Court, Archie N. F~ost, as a filing fee. DEPART}~ENT OF CORPORATIONS ~.~D TAXATION: Attention of the board is c~lled to ~wo recent enactments of the Legislature having to do with borrowing under the municipal finance laws of the Commonwealth. Copies of the Acts were attached. ~he first is Chapter 56, Acts of 1~52, effective February 25, 1~52, which increases the limit within which moneys may be borrowed~_for the purposes enumerated in Section 7 of Chapter 444 of the General Laws, provided the Emergency Finance Board so approves. ~he second law is Chapter 123 of the Acts of 1952, effective January 1, 1952, which authorizes a new purpose for borrowing money under Section 8 of Chapter .44~of th'e General 3~aws. This new purpose is for the lining of water mains of not less than slx inches with linings of not less than one sixteenth of an inch, for thepurpose of e~ending the life of such mains. OPEN CELLARS-EXCAVATIONS: Building Inspector, Attorney Charles Tromb!y met with ~ he Board of Selectmen to discuss open cellars and to refer to the recent opinion submitted by Attorney Charles Trembly. Mr. Lawlor said he had examined the cellars during the week and one of them had five feet of water, two had two feet of wster and the others had no watcr..Mr. Lawlor stated that one.one of the cellars had a foundation there which is the only one that could be c~led & structure. Mr. Trembly stated that Chapter I43 was adopted in 1915 and he had a firm conviction that action could be taken' under the building law. Chaprmr 143 defines a building as "A com- bination cf any material, whether portable or fixed, having a roof, to form a structure for the shelter of a person, animals or property." For the purpose .of this definition roof,'shall include an awning or an~ similar covering, whether or no~ permanent in nature." The same chap?mr defines ,,structure" as follo~s: "a combination of materials assembled ara fixed location to give support or shelter, such as a building, l~amework, retaining wall, ten~, reviewing stand, platform, bin, fence, sign, .flagpole, mast, radio anterum or the like." Mr. Trbomly stated that from that, :the Building Inspector ~as the right to take action by. notifying the owner in writing, or the lessee or the mcr:gages in possession to remove it or meke it safe. If the Selectmen arc convinced that these collars are dangerous to life and limb, they can order it corrected. Mr. T~ombly stated that the Board of Health coul~ come in and tske action, if in the opinion of.the Board of Health, the same is injurious to health, and also if it constitumes and encourages sources of'filth and causes sickness. This would come under C~apter 111. Mr. Thomson inquired if Mr. T~mmbly was of the opinion that all excavations with the exception of the one with the foundation are not within the power of this board ~o take action. Mr. Trombiy stated that they were , and .that as a public nuisance, it could be stopped. The Zoning Law prohibits the removal of stone, gravel, within certain limits and this board could go in and maintain this Act. He said further that the Legislature mmintained that there was danger in an open excavation Mr. Thomson said be felt ~hat definht&~ action could be taken under Chap. 143 on the cellar ~rlth the structure but that there is no possibility of taking action on the others. continued MilCH 31, 1952- Open Cellars-continued Mr. Thomson stated that if the board takes acmion on the cellar ~rith the structure they have others which are more serious. Mr. Trombly then said that if the Board is not'saZisfied that action is started, they should see that action is started. Mr. Firmersn suggested What the'board notify each owner. Mr. Tno~mson said they had done that befdre and got no results. Mr. Coffin felt 'that the board should stand in back of Mr. Lawlor in any action he ~akes. ~r. Thomson said the thing of 'primary importance is to see what the Board of Health will do and suggested that they meen with the Board next week and also the Building Inspector and Mr. Trombly. Mr. Trombly suggested that the board have some pictures ~a~en of these cellars and have them available for the nex~ meeting. N~. Thomson then said that h~ was not in favor of acting on t~e cellar with the structure at tkis time. }~r. Coffin said we should stand in back of the Board of Health and not pass the buck. Mr. Thomson said he did not f eel that they were trying to pass the buck but if action can be taken by the Board of Health, then it should be done that way. ~t this point Dr. Kay was contacted and he said he would meet with the Selectmen on April 7, 1952 at $:30 P.N. and other members~of his board. APRIL 7, 1~52 '~he r~miar W~ekly meeting of the Board of Selectmen was held a t 7:00 P.M. with all members present. ~Weekly bills and payrolls were approved. TREE REMOVAL REQUEST: Mr. & Mrs. Fred Rogers of 291 Sutton Street requests the removal'of a tree on Columbia Road which obstructs the driveway into a Community Garage.. It is · the~Sth tree on west side ~of Columbia Road, fromSutton Street. The Board voted unanimously to refer the matter to the T~ee warden for his investigation and action. A hearing ~rili'be held on April 21, 1952 am 7:30 P.M. if the tree warden agrees that the .tree should b~ removed. STATE HIGHWAY DRAINAGE: The Board discussed the'c omp!aint made by the State Department of Public ¥~'orks reletive to local sewage entering the State Highway drainage system on' Tarnpike Street. Highway Surveyor Ira D. Carty was present at the meeting as were Mr. Arthur 'Ford~ and Mr. Copley of the Beverly Office. This matter had pr6viously been .calIed to the attention of the Board of Health but nc specific action had teem take~l. After some discussion, Mr. Carty said he would take care of the sewage 'running into the State Department Surface D~ain. Mr. Ford informed Mr. Carty that the. State Department ?ould close off the Town Drain which runs into the State Surface Drain~unless the~cozdition is corrected. Mr. Brasseur ~rill furnish a sketch of this location and Mr. 'Car~y ~'~ill-c0ntant . the various owners to see if something can be done to remedy this si~uation~at once. ~T POND ROAD-CHAPTER 90: Mr. Arthur Ford inquired about the easements to be taken in order that the proposed slopes may b~ built. The County took a ~niform width of land but the town will have to get easements if these slopes are to be built. Mr. Ford thinks the owners would be better off with the slopes. Otherwise, the State will have to put up guardrails on each side of the road , which, in the mOpiAlion of~ Mr. Ford, would be more hazardous than the proposed siopes. Attorney Elwyn King w~s contacted and he ~rill get busy on the easements at once. There are three owners to be contacted at the present time and Mr. King has the forms ready for their signatures. Mr. Ford wanted to call attention to the fact ~hat ~hey would like to advertise and ge~ $ids for the 1952 money. He said they have only 500' of surface to do in 1952 but would carry drstnage and foundation further and a gravel 'area would be exposed but it would be oiled. He mentioned that they c~uld hold the project over and co..~bine it with the 1953 job and they might get be~tter prices'. · He then said that they would wait until Labor Day ~vhen the summer traffic has slowed down. Mr. Carty thinks we should go ahead with the' work and get it done as long as the money is available. Mr. Finneran felt that the work should be s ~arted and when the first job is started, let them start right up with th~ second one. Mr'. Ford sai~ the ,~ork would probably be completed before July l, and the traffic can be k~pt one way.