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HomeMy WebLinkAbout1954-11-29 Board of Selectmen MinutesNOVEMBER 29, 1954- continued INSURANCE ASSOCIATION~ Mr. Willis said he didn,t believe that Mr. Leary would be damaged by anydelay as he wouldn't parttcipa~e in the 195h insurance but Mr. Leafy said he wanted to be accepted retroactive to his date of application and that in that case he would participate in the insurance for such time. Mr. Willis said he didn't think he could get it and the only, reason the Board advised that they waive the requiremen~ is to have them accept your applica- tion as of the date of same. Mr. Leary went on ~o say that when he tried ~o get a copy of the by-laws there were no~ available a~ Mr. McGratls office nor at the Selectmen's Office. He made every effort ~o get the proper information but he couldn,t get it. Mr. Willis then discussed the procedure made by Mr. Leafy when he first became interested in an application and he contacted him but he was not qualified at that time as he had Just passed the brokers license. Ne was advised to come before this board and he went to Mr. McGrail. Insofar as the by-laws are concerned this board had no occasion ~o look a~ them until ~y 1954. A~ that time .Mr. Willisstate4 that he objected ~o the passing of a by-law as he felt that it should no% apply to men who are already in the Association. Next thing h~ knew Mr. Leary came before the board. Mr. Willis thinks that everybody has advised Nr. Leary properly. Mr. Leafy said he did everything mo get into the association. He said it~as Just a closed corporation. He referred again %o t~he last letter sent to the association by the selectmen which he felts, ms a demand and it had been the inference of.. the Secretary of the Association that action would be taken. }~. Willis said he doesn't think that Mr. McGrail has been injured ~o any.. extent yet. He said that Mr. McGrail would stillwrite the auto liability and explained that at the end of each year the whole bulk of insurance earned is determined and then each agen~ is allowed so much. He felt that the association would send a letter and it may possibly be in the mail so that he did not think the board should take any drastic action at this time. Mr. M. trk said he would go along with thechairman in no% sending an' ultimatum but suggested that another letter be sent and request a reply by nex~ Mor~day night~ Mr. Ftnneran suggested that the board reques~ that they send a set of the by-laws along v~ith their letter. Mr. Willis felt that it,s imperative that we have a se~ of by-laws in this office and the board went along with Mr. Finnerans suggestion. }&~R TIN ~AILET: Martin ~dle.t, contractor, me~ with the beard at their reques$ and Mr. ~illis · explained that we had been notified that we were to pay $2654.72 but before approving this amoun~ the Selectmen wanted ~o know about the loam which was dumped on Stefansky,s property. Mr. Mallet explained that he was short of trucks a~ that time and he intended bringing this fill do~n to .Perry Street in the spring. He said that Mr. 'Stefansky knows nothing about this fill and he was on his way to Florida when the.fill was firs~ d~mped. He said he did spread some loam at.Campion Hall as they had allowed him to park .the truck there. He informed the board that he would definitely remove this fill and take it do~n to Perry Street in the spring and that .this wouldn't happen again. Mr. Willis said the board would appreciate it if he had called at least one member of the board so that they would know what was going on. He was sorry he had not done this and againstated that ti will no~ happen again. LAWRENCE GAS CO}~ANY: Request for permission to excavate ~o install gas service for Dr. B. Larkin, 483 Chicksring Road, (34 feet onstreet) was granted by unanimous vo~e of the board. Mr. carry will be notified of this excavation. DEPAR~T OF PUBLIC UTILITIES: Notice received that a public hearing will be held on December 15, 1954 at 10:00 A.M. at room 166 State House on thepetition of the New England T. & T. Co. filed November 19, 1954 for permission to increase ra~es and charges in telephone service. ~he Board voted to accep~ the communication and take it under consideration. ACTZON AGAINST TOWN: A communication was received from the Aetna Casualty andSurety Company relative. to the summons received by the to~rn and by ,Wm. B. Duffy in the case of Star&ey P. Faucher who brings his action for personal injuries in the sum of $50,000. The case has been referred to their attorneys Donohua and Donohue. The letter called attention ~o the fact that the amoun~ sued for in this mase is $50,O00 whereas the limits of the policy of the town for injury to any one person is only ~15,000. A letter w as also received from Wm. B. Dully, relative to this letter and he stated that due mo the apparenm inadequacy of the tow~ insurance coverage as stated in the letter from the Aetna Company, he and his board believe that counsel should be retained in the interest of the town ~nd Supt. Duffy, an a gen~ of the town. NOV~mER 29, 19Sh- continued 75 ACCIDENT- RD. OF PUB. WORKS- STANLEY FAUCHER },~r. ;;illis said it was his ~ess that this ~ter will be settled and if you don't have counsel they w~l think that you are prejudiced. ~. Kirk made a .mo~ion that we reta~ se~ces of Atty. ~old H. S~isbu~. ~. Fi~er~ mentio~d that he ~ders~ood ~. ~fy had suggested tha~ ~. ~o~on wo~d be ret~ned by him and so he ~de a mo:ion that Atty. ~thur A. ~omson be retai~d on this case. ~. Willis s~dhe would like :o place the na~ of Atty. Chiles W. ~ombly :o rep~sent the te~. ~. ~eran then stated that he wo~d like ~o make a motion that ~. ~o~on be ~tained, ~tion was seco~ed by ~. ~rk~d made ~mous. A mo~ion was made ~d seceded that Atty~rney Arthur A. ~o~on be remained as co~el in the s~t aga~st the mo~m and ~. Nilliam B. ~f~. DEPt. OF P~IC ~O~S: A letter was received from ~se~ E. Ue~i~, Dis~ict Hi~ay ~g~eer, relative zo ~ extra work order for 44.~ lin. ft. of 48 inch ACCM pipe to be substi%u~d for 60 inch pipe on ~eat .Pond Road. A set of for~ were :enclosed for the si~at~es of the bo~d members ~d these for~ ~e ~o be ret~ed te ~. Je~s. ~ for~ ~re si~ed by ~e bo~d. P~NING B~: ~e ~d received a letter from this bo~d s~at~g that ~ey ~e pl~ng a~ 'ci$izan-volm~ers organization .meening on ~December 13,. 19~k at~8 :O0 P.~L a: ~ich time they ~ specific~y ~sl~ the .~ork a~ show colored slides of si~l~.work ~ready done. -~ey re~ested ~e ~mes of persons who w~ to work on one or ~both of these f~st ~o proJec:s ~d to ~rom them who ~1 be on ~d :o receive their ~Zi~ i~ctions from ~he pla~g ad~sor. ~. ~k said he wo~d l~e ~o attend this meeting ~d ~e b~rd voted un~imeusly te have him az~end as a represenmative of this bo~d~ ~d ~. Nic,t~ ~11 be so notified. D~J~AGE CLAI~: ~ne Board ~rsceived a letter and estimame to remove tar spots and ~wax car in the amount of $4S.O0. Mr. E. J. Ryan, 333 Haverhill St.Lawrence s~ated that while ~traveling on Chadwick Street from Osgood St. to High on November 23, 1954 at 11:45 A.M. the highway crew w~s putting ~a~(,h~ot) on Chadwick Street s~arting .at the bend of the road and there were no warning signs up to inform~the public. His auto,was on top of this hot tar before,~e~could~come to a complete stop and. the~ ~ar splashed, on both. sides of the 'autb and all four of his hub whe~ls. He.. feels that there was negligence on the part of_the highway department in no~ putting up a warning sign and he believes that the ~own should .pay for' this damage. Mr. Kirk made a motion that this board d~ny any liability~ in this case and warn him tc :drive more carefully, vote was unanimous and Mr. Ryan will be so no~ Har~ey Lebow~ 231 ~averley Road Submitted two additional estimates fo~ repair .of damage to his car caused by ~ree branches on. ~averley~Road, one for $85.00 from ¢. W. Dillon and one fromHamel and Force, Inc. Lawrence in the amount of $80.00. The board discussed this claim and Mr. ~illis said he would like a motion in view. of the fact that he was contributory negligent and don' 't feel that the board should offer any amount. Mr. Kirk made a motion that this board 'inform Mr. 'Nar~ey Lebow tha~ we have considered this claim and had a report from our. Tree ~arden and we .fe~l that adequate, space was available %o drive through and due to his contributory negligence we do not feel_ that the town has any liability. Vote was unanimous and Mr. Lebow will be so notified. DECEHB~I~ 6, 1954: The regular weekly meeting of the Board of Selec~menwas held at ?:~0 P.M. with all members present. Weekly bills and payrolls were approved. LAWRENCE ELECIP~Ic CO: A hearing w~s held on the petition of the Lawrence E~ectric ComPany' for permission to construct a line of underground conduits, including the necessary.sustaining and protecting fixtures under and across the public way from existing pole on the easterly side of Main Street, at a point approximately 40 feet southerly from Seoondof MatnStreet'street,WesterlYl duct.' a distance of approximately 55 feet mo the westerly line The board vo~ed unanimously to approve this petition. A hearingwas held on the petition of the Lawrence Elec~r~'c Company for to erect poles, wires and fixtures on the westerly side of Mifflin Drive, from a point approximately 250 feet southerly from Middlesex St. southerly, 2 poles. The board voted unanimously ~o grant this petition.