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HomeMy WebLinkAbout1954-11-08 Board of Selectmen Minutes The regular weekly meeting cf the Board of Selectmen was held at 7:30 P.M. with all ma?bors present. Weekly bills and payrolls were approved. LEO MURPHY: Leo Murphy met with the board and Mr. Willis explained that he(Mr. Mmrphy) had done considerable research and had engaged a surveyor to see if the North Andover line can be marked correctly. T~o of the markers were wrong and he has found the right one. M~. Murphy said that the points on the map are marked by monuments according to the book (Ablas) shewing the statute law as of 1906. He said the first marker is 1800, in on a wooded knoll and that the sssessors map is correct with reference to the line. Actually the town is giving land %o Middleton. ' Mr. Willis suggested that if Mr. Murphy thi:~s he can come up.with something to correct this condition, the board will cooperate with him .as much as possible. TR~ REMOVAL Mary Stewart requested the' removal of a large ~etm~ ~ree at 6~ Elm Street which was damaged during the hurricane. Also th~ routs interfere with the sewer pipes and e ach year they have to pay %o have the pipes cleaned out. ~he board voted unanimously, to refer this matter to the tree warden for proper 'action. Philip.Watson, 33 ~erley Toad, reported that a tree had fallen across the raceway across from Suttons Mill at, the brook. -Ne said c~ildren are climbing across this · tree ~ and if something isn't done, one of the children will fall in. Re said he had told children to get away from the tree on several occasions. The Board felt this was an excellent'~omplaint and that the hazard should be re- moved. They voted una~£~ously to .have Mr. Oonnors check this. tree and if it belongs to Suttons Mills to notify the Selectmen ~nd they will send a letter to. the off~ to see wh~t can be done. ' Mr. Oonnors reported to Mrs. Deardan that he had removed the tree yesterday and that it definitely. ~as a hazard. Leo 'MUrphy. reqUested that a large. ~ maple tree be removed from in~on~ of his property at Sargent St. This tree was damaged by ~he firs~ hurricane.and had been braced but the roots were loosened and it will fall very easily and cause damage to the house. The Board voted to refer this to the tree we~.den for appropriate~actlon. $CH.OOL. COMMITTEE - '- A letter w~s received from Mr. O'B~en, Supt. expressing, thanks to the board for their gracious attendance at. the dedication of the new H~.gh School. By order of the School Committee Mr. O.Brien he returned the cffices~:i~ the tow~ building tc the Selectmen and also whatever furniture or equipment is left there, to dispose of as the board see fit. . ~he Board received an invitation to participate in the Veterans, Day parade on ?Veterans, Day,. November 11 a~d voted unanimously to' accept the invitation and make every effort to take part in this observance. ' ' DEPARtmENT OF PUBLIC Nqtice received that the DePartment of Public Works, under the provisions of Secti6n 11, Chapter 84, G. L. is authorized to cooperate with the proper officers in.cities and town in-keeping open and reasonably passable for vehicles, ..daring the wln~er months, such highways as may be selected by the Department. The Depart- men~ will give assistance on plowing for .the fiscal year ending June 3Q,, 1955~ Auto route No. 133 from Rou~e 125:~o the Boxford line 1.60 miles. CULVERT- S~EVE~S STREET: Acopy of a letter sent to Henry Green, 42 E Water St. relative to his bill rendered in coanec~ion with clearing the culvert on Stevens Streets was received, by the board. , It was the understanding of Walter L. Geddard, General Manager, that the charge was ~it~JeSs~t~e ~thne__~w~_ ? No~rt~h, And. o~ver_bu.t t?ey Were willing.to pay,half of the · u~-u~ ~o ge~ ~ne Ooc s~urte~. He Suggested that ME.. Greene render his bill to the town of North Andover. ~he board to t ske no action until they hear from Mr. Greene. JUROR DRAWN: ~illia. m Finneran df. ow the name .of Helen F. Currier, 189 High Street, clerk, to serve as a ~raverse Juror at Superior· Court a~ Salem, for the transaction of civil business on November 29, 1954. LAWRENCE ELECTRIC CO: A letter received informing the board that a pole could be installed on pole 222~ on Herrick Road which is near the corner of Silsbee Road and would impr. ove the situauian. The board felt that they would like ~o have a plan sho~ing the exact location of the proposed light since ~the reques~ was for a light on the corner of $ilsbee Road. ~he board also voted to request a sur~ey of Pleasan~ Street lighting from Elm $tree~ to Osgond Street to see if there could be a redistribution of lights on this street. Mr. Xirk has received many requests for 68 UNITED NATIONS DAY: The board received a letter from Ernest A. Brown, Jr. informing them of the ro program they planned for last October 21st. The usual, charge of $5.00 for th~ use of the school is due the school department and Mr. Brown inquired if the Selectmenthis bill.W°uld take care of this expense. The Board vo~ed unanimously to pay LAWRENCE GAS CO: The .Board vo~ed unanimously mo grant permission to the La~ance 'Gas Company to excavate to repair gas main at approximately b,19 Andover Street. Mr. Carry will be notified of this excavation. LAWRENCE ELECZ~XC CO: A petition received forpermission to locate poles, wires and fixtures on the westerly side of Chickering Road, at a point approXimately 310 feet from Main Street, 1 pole. A public hearing is required and was set dozrn for November 22, 1954 at 7:30 DAMAGE CLAIMS: Stanley Buturlia presented a claim for $5§.3? for damage to his car when it hit an unfilled trench on Russell Street on October 30, '1954. There were no lights or signs indicating such a condition existed. The Boardvoted unanimously ~o allow the full amount of this claim. A. claim for damage to his car in the amount of $4.50 was received from Charles CampbeLl , lO Kearney Square, Lowell. His curwas damaged when he went.over a section of Chestnut Street which had recently been excavated by the Board of Public ~orks and had been washed out by the rain. The Board voted unanimously to grant the full amount of this claim. A claim for the amount of $26.00 for damage ~o his car was received from Michel Perrotta, 63 Chestnut Street, North Andover. His car was damaged on Chestnut stree~ where the above mentioned excavation had been made. · The Board voted unanimously to allow $15.00 on this claim and to so not~e~ Mr. Perrotta. . DEPT. OF PUBLZO. A letter was received from John A. Volpe, Commissiongr, relative ~o the general conference held on October 18~ 195~ and two copies of a photostatic reduction of the geological survey-map were enclosed which indicates the line which has been determined will best serve traffic needs and fumure · development, of the area which it will serve.. No a'ction taken. INSURANCE AGENT'S ASSOCIATION NEETINO: Nr. Eirk informed those present that Mr. ~ohn Leary had appeared before the board at t~eir last meeting ~o complain about the acts and a orions of the North Andover Agents ~ Association regarding an application he had made to the above association. Mr. Eirk had advised him to put his com~atnt 'in w~iting and that the chairman of the association would be invited to sit in with the Selectmen. Mr. Leery then read.his complaint charging that the ac~s and actions of the association regarding his application to the association, indicate discrimination ar~ charged that such actions are not in the best interests of the town. He said tha~ if the association cannot disprove .the above charges he would request that -~uture insurance pertsintng to the ~o~n. be submitted by bid by qualified North Andover agents. Nr. Leery stated that he wa~ licensed as an agent and broker in October 1952. and at that time con~acted Arthur A. ~omeon for information on the procedure to obtain membership in the association. He was referred to Mr. Whipple and was informed that you mus~ have residence in the to~n .at least one yea~ and must have a license for casualty and fire ineu~ance under~iting for one year. Nr. ~ipple sent a letter of application ~o Mr. Nhipple in October, 195~ and ha5 never received a reply. ~his year he 'registered a letter and sent 'it mOl Mr. ~hipple and had not been given the courtesy cf a reply. Mr. Leery then inquired when the last meeting date of the association was and where it was held. Nr. ~ipple informed him that the meeting had been held on November ~, 19~ at Andrew Coffin,s office and that Mrs. P~bena Bullock, Harry Dowe, Andrew Coffin, Thomas McGrail were present in addition to himaelf. He also informed Mr. Leery that the present agan~ who participate in the' insurance are Mr. Norwood, Mr. Dehullu, Mr. Coffin~ Mr. McGrail, Mr. Dow%Jr. l~bena Bullock and Mr. Whipple. Mr. ~[llis inquired of Mr. Whipple if he received ,the two letters mentioned. He had a va~me remembrance of receiving them but he stated that ~. Leery had 'not applied for membership during the proper Period and also that his a~lication no~ sent to the proper person. It should have gone ~o the Secretary, ~homas McGrail. Mr. Ncbrail said that since he did not receive this application, it could no~ be acted upon by the aseociation. He said he had talked pergonally with Mr. Leafy abou$ qualifications for members~ips. Ne also said he could Understand how Mr. Whipple could have sltppe~ up on sending a reply to Mr. Lear~. NOVEMBER §,1954: continued Mr. Leary said he probably sent the application to the wrong person but he would at least have expected the courmesy of a reply, especially from the regis- tered'.letter. He felt that the two members, ¥~ipple and McGrail, from their conversamion, were giving public evidence to the suspicion tha~ the association is a "closed corporation,,. Mr. Willis said that the fact that the association had taken nc action on Mr. Leary,s application for membership, left Mr. ~eary witho~m A grievance and he felt it was poor ~as~e to complain about the association on a possible oversight of one member~ and the fact that he Just didn't see fit to turn the letter over to the Secretary. He suggested ~o Mr. Lehry that he submit another application to the proper person. Mr. Leary stated tham there is a new by-law now under ~hich a person,s principa~ income must be derived from his insurance. He inquired who decided this matter, was there an audit or Just a man,s word. Mr. Willis said we must take a man,s word for this. Mr. Leafy said that a~ present he is a safety engineer but intends to eventually to devote his full time to 'the insurance agency business. ~ndrew Coffin s~ated that in 1937 the InSUrance agency w~s. set up by the Selectmen and rules were drawn up which were amended lasm spring.'' ~he ~rules adopted carries no force in law. ~he purpose was to arrange and receive proper schedules and' present them ~o the Selectmen who approve or disapprove. He said that the reason for the change was that~ quite a number of part time agents would qualify under the old rule and the profits of distribution would be spread so thin that few would desire to take the responsibility.' Under the present set~up~ the town will receive greater service. He said it is~the policy of .the Mass. Agents Asso. '~ nora mo include part time sgents as many of these people have no intention of continuing to build up a business. Mr~ Coffin felt that Mr. Leary should work to build up his agency and then apply. Mr. ~illis said that. apparently Mr. r. eary wasT qualified when he applied and -he inquired if the board~ conldn~t consider his application as of the date of same which was before the new by-law was in effectl He also inquired if the members didn,t think that the 'mown would get better service if this were on a ccmpetitative basis. - Mr. Kirk said he 4i~'~thimklthat Mr. Leary,s intenmion of application Was fist and~ there may have been laxity in fomvarding application b~t he feels that the agency should sit do~n and consider application as of the firs~ date. There was further discussion abeu~ a matter which had been before the board las~ spring regarding an inequity. ~he by-law recently passed excluded pre~an~ members of the association. Mr. Eoffin~ said that Mr. Dehullu has a marke~, a liquor license~ and a few insurance~accounrm. Tns reason is there. Mr' Willis ~ said that after a person has been in an agency for 15 y~ars he can,~ see how they can make by-laws mo affect present members. He then Suggested the association have a meeting and acm on the application~ of Mr~ Leafy. ~e all ~gree that the application was submitted and should be considered under the by- laws in force az the time the application w~s ~ubmit~ed. Mr. Dewe inquired what companies Mr. Leary is associated. He replied that he is in the Insurance of North America and the Indemnity of North America. N~ further action will he taken by the~ Selectmen at this time. ' E~CUTEVE SESSION- ~ILLIAM B. DUFFY: William B. Dully met ~ith. the board to discuss the summons he received which inv$1ves the town mof North Andover with respect to' an' acclden~ last December and in which it sta~es that acZion damages are claimed in the sum of $50,000. Mr.~WLllis informed him that he should go to the insurance company and ~that they will assist him. Stanley p. Fancher of Mathuen is the person~who szarted the action of~'torm. Mr. ~Duffy'informed the board tha~ Mr. Faucher had stopped on a red light and he (Mr. Duffy) had stopped behind him when the car in the rearcar, crashed into Mr. Duffy,S car thereby causing himto crash into Mr. Faucher,s Mr. Willis said that the insurance company will'have ~o determine that Mr. ' ~'Duffy was a bona-fide agent of the town when this accident happened. ~he board discussed other conditions relative to excavations made by the Board of" Public ~orks men and where marF of the damage claims made to the town, are affected. Mr. Willis thought there should be some definite understanding be- tween Public Works ~nd Highway Department so that all of these excavations would be filled in properly. Mr. Daffy agreed with this thou.ght.