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HomeMy WebLinkAbout1953-10-19 Board of Selectmen Minutes OCTOBER .19~, 195~-continued - ~T TERUINAL INC and/or Hemingway Brothers Interstate Truc~ng'Co. A petition signed by 64 residents of this area was presented to the Selectmen to see what could be done in obtai ming relief from the disturbing conditions arising from operations at the terminal between 9 P.M. and 6 A.M. A list of the conditions referred to in the petition as responsible for the disturbance was attached to the petition. ~ilfred Bottomley said they had contacted Mr. Eaton on ~any occasions and all they got were broken promises. ~hey are only asking for reasonable conditions. Mr; 'Eillis' said h~ had talked with Mr. Eaten and he claims that only two trucks come in after 10 o,clock P.M. but he thought that if a few members of this group would sit in with Mr. Eaton and the Selectmen that s~me arrangement could be worked out. This was agreeable to those present and the board set a date for October 26, at"§:O0 P.M. 'to meet with Mr. Eaton, ~ilfred Bottomley, Mr. ~fataon and Mr. Bamford. POLICE DEPARTMENT-VACATION FOR NE~ OFFICEE~ Officer P~bert Sanborn came before the board with a problem relative to a paid vacation for new officers who have not been employed for one year. He referred to the rules and regulations as accepted by .the Selectmen in 1932 ~and 19~0 in which it states that each officer may have ten days vacation without loss of pay. Mr. Sanborn stated that Chief ~cKee is of the opinion that an officer'should work one year before he is entitled to a vacation. Officer Sanborn stated that he felt the Selectmen should establish a set rule and regulation now and then .in the future this problem would arise ,again. At present, there' is .nothing in the instructions to cover this problem.. Mr. Willis inquired ~ho~ the of~lcer felt if a new man was appointed in April- should he be entitled to a vacation the following summer? Officer Sanborn stated that he has no objection to any rule so long as there is. something established to take care of such a situation in the future. Mr.' ~illis said that he thought that if. the board is to establis~ a precedent in this'matter, it should be taken'under advisement and the.'~board voted unanimously to'do 'this. 'The mat~er will be discussed at.the next meeting. ' ' "MOTEL, ' ' ' Elwood[Foerster, Robert DeLord and ~obert J. Burke of Chickering R~ad,, came before the board to find out what. they could do about the recent decision of the Board of Appeals relative to '~Motels.. Mr. DeEord stated that they would like ~o as~ the Board 'of Appeals to.reverse their decision a4d, he referred to the Zoning By;laws whiche~pressly forbids over-night cabins in North, Andover. ~ Mr. Foerster stated' that the definition is in the dictionary and he presented a dictionary giving such a: defiaition. Mr. Willis informed them 'that the Selectmen had recoived a. letter from Atty. O'Sullivan and a copy of the letter sent to the Board of Appeals but at that time the Selectmen voted to accept the letter'but felt that they could not ,influence the Board of Appeals in their decision. Mr. F~erster stated that their decision was so far off that the residents opposing.,, this motel did not want to spend money on ,a court case and they also fal~ Town fathers should not go along with the expenditure-,of,money for this purpose. He further stored that the Board of Appeals made no effort to get in touch with this group and it is a losing proposition. Mr. Foerster pointed out various facts relative.to the decision of the' Board Of:Appeals and asked what they could,/do to prevent this from going to. court. . . Mr. ~nomson said that all of these things mentioned may be pertinent fac~s before, the Court. He said that the Selectmen Just can't go over ,the decision of the Board of 'Appeals. Mr. Foerster agreed with this but he felt thai'if thi~ mat~er goes~ to..court, then they.can.t help but feel that members of the Appeal Board is incompetent. 'Mr. Thomson said that if we have a BO~d Which is incompetent, they'shall continue to serve until changed or removed by the Selectmen. ~- Mr. Foereter then inquired what action can be taken to remove these men..He wants to str.aightan out this matter without spending, any money. Mr. Thomson' said that if they felt that the Board .is incompetent, they can remove from office those men who made the appointment. He said the Selectmen are powerless to do a single thing. Zf the Board of Appeals changes their opinion, that is alright. One alternative under the Statute is by Appeal. Mr. W~is said' that you really shouldn't say.~these men are incompetent. A Judge is:so~etin~s- called incompetent because,of acertain decision he ma~es. There is Just one remedy and that is to make an appeal. He said he felt that'these people were represented by expert counsel and that they should follow the way open in the Statute and that is ~sxclusively by making an' appeal. Mr. Foerster said they would like to get anothe.r~ hearing with the Board of Appeals and ask them to reconsider their decision. No further action taken. OCTOBER 19, 1953: continued PERRY STREET DUMP: /he Board discussed the mat%er of paying Mr. Perry far the use Of the Perry Street Dump for the remainder of the year. A bill,~as approved for the last quarter, July, August.and September. The Board read the original contract made in 1928 and som~ correspOndence from the late Judge Mahensy~ Mr. Nil]is said he represented Mr. Perry on various occasions and when-the matter comes up, he will~ not vote. Mr. Thomson saidhe would like to see the vote of the ~own in 1930 when the contract was first drawn up and also the vote in1949 ar!950 when the a~pro- priatton was increased. ' ' · /he hoard voted to'take the matter under'advisement and will ~decide~at a later date whether Mr. Perry is to receive any more money for the use of 'the dump. REQUEST ~OR REMOVAL OF /he following persons .requested ~removal ~of trees at the 16cation mentioned Mrs. John Leary, 40 Harold: Street, treeinterferes with sewer, pipes. Mr. Oscar .Hoehn, 2 Summit Ave. Methuen. Tree tis at 34-36 Main Street. Mr. ',Robert Winters, 157 Greene Street..T~ee prevents proper grading of'ro~d. APPLICATION FOR ~EVOLVER PERMIT: An application for a. license to carrya revolver was' received from John Lanni, 166 ~aterStreet. Mr. Lanni was recently appointed to the Reserve Police Force' and it was approved by Chief McKee.1 The Board voted'unanimously',to ~rent this license. · , ' .. REPORT FROM CHIEF MCXEE: - ' Chief.. McEee rapc~tec~ that the trucks 'from Stevens Company ~ use .P~scott Street,~ Chickering Road and Osgocd S~reets as s~ ggested by the S. alectmen. 'Edward McOabe' informed ,th9 chief that they are willing-to ,coopera~e ~n' anY way. '" The:'Hemingway.trucks will,.use~ Sutton Street, Merrim_ac Street and South ~nion and. On occasion' Shey will ,use Sutton S~reet to .~et 'to %he' h~ghway ~(Chickering Road) 'H~' also reported that "Go ~low Children, and "Not over 25 mi. 'per h~." signs · · ~ have been placed on Ches~ut 'Street as requested by Mr. Eurt Hanson; '~:' -' ..~ ~he second, ~"Step hign" 'has been installed 'on' ~ater' Street' at' [~ S%regt';':- 'APPROVAL FROM'CIVIL S~VIOE: ' '' ' ..... ' &ppr6~al of the appointments of John"J. Lanni, l$6Water Street, '.RonaId F;' Heggarty, il§ Beverly.Street-and Paul ~.'~Eafond, '25'Baldwin"Street ~/s"~eived by' 'the Board. ' ' · , .................. APPROVA~. for continued pro~isionel,employment:has~ been-recei~ed':,fo~F~ank-"" Howard~ ' .... and Alexander .Ness as patrolmen for six months-from .September"22~ ~:men, are' to be employed only when permanent reserve "officers~are: not-available; TEP~NATION NOTICES- CIVIL' S~RVICE~ ,'~ ~ ~':~, -~:.'.' ' ..~??na.tion notices w.er~ .si. gned,by the d/airman on,l~a].ph J. Boldereon [and~.:'~Ugnstine ~a~sn .whose, emp~.o~an~ expmred on September 22~. 19~3 and was not "rens~ed~ ::'' ' 3PPOSITION TO POLE EOCAT[ONi ~. ' . . ' : ' · :Mrs..~ilfia Sorbello.,'. 18.Glanwood Stree:. is opposed .to.tha 1ocatioh ~f',t~e' pole 'as shown on the attached plan. She o~ns the house on'Mass.,-Ave, at GI~nw0od S~r'def:Where the new.~ p01e~ is.~located. ,, Mr. 'Allen'. of the 'Lawrenie Electric~ Co;: is.~ g~oi~g t~ ch%ok this and?he later: stated that the ~ngineer from the' "Taleph~ne' Co; will. contact' Mrs; Sarbello ......~ see if :she is really opposed to this pole. -.: ,: ' /he board felt that- they. sh~ould hold a hearing on this matte'~ ahd- Set 'a he'aring far November 2, 1953 at 7:30 P,M* , . ~NCE C~S C01~ANY, .... ~he"Board 'granted permission to this company to excavate to install.gas service for Carmela Spavento, 268 Mass..Ave. (36 feet in- street, to' ~amilton :P~ad) ;'..~ Hr,:~ Carry notified~ LAND TO,BE GIVEN.TO TOWN~. - · ' ' · A-plan showing the~carner of landat Middlesex Str6et..and Green Street .which E,aspeF Kasperian is .willing~to.give to the town ini~ord~r ~o,.make;.this.blind corn. er a safer one for motorists, ~fas .receiVed. Mr.'Xasp~r~an ha~fasked, that the town take .the section of wall down a~d alsoi'lOWer.,.tt all the ,wa~.bac~: onhis property.. Mr. Brasseur will ~g glad to figure, the cost of this work. ~he/Board v~ted to accept the pl.an and ask Mr.'Brasseur to check on the cost of the work. .~'2hare :will :be two articles in the'warrant,, one to accept the land and. one ~to . raise ~t.h.e'money to pay. f~r. the e .xpense of doing the work. · OFFICE OF ~HE SECRETARY- STAT~ ~ENSUS~ Attention of the board is called to the fact that a State CenSus will be taken on January 1, 1955. This reminder is sent in order that the necessary fu~ds will be make available for this purpose. The Board vo~ed to hold this over for an article and the amount to be raised w/I] be discussed later.