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HomeMy WebLinkAbout1955-01-10 JANUARY 10, 1955- continued A notice received that John F~ Stanton, Edwin C. Murphy and Clinton Carroll, all of North Andover, and others have filed an application in the Office of the Secre~for a certificate of corporation for the purpose of assisting in the organization ~d operation of a mental health center to serve the mental health needs of the residents of Lawrence, Andover, Methnen and Horth Andover. The Board voted to refer this to the Chief of Police for the usual investigation. LAW~NCE GAS' COMPANY: · A letter was received from George W. Culver, Mgr. regarding excavations on Greene Street, V~oodbridge Road and Park Street. and advising that' the construction department have repaired these areas. ~hey will- be inspected from time t6'time until everyone is satisfied that the repairs' areI satisfabtory. No acti.on required. DEPARTMENT OF CORPORATIONS AND TAXATIONS: Authority received from the Director of' A~c0unts for the payment of liabilities .incurred to an amount not exce.eding ,~.;'43.8.17 for~ the removal Of' snbw and4i, ce ~ue~ t$ the:'extre~e emergency"ifiv~lvin~' the' haal~H 5F s~"6~' p~rs6ns 'oF ~reperty' in North Andover. ,. - ESSEX COUNTY ~E~T: · Notice received that with the provisions of G. L. Chapter 32, Sec. 22~ the~county · Co~issioners certify that the amount estimated to be necessary f6r the town of North Andover to appropriate as their portion of this amoun~ is $16~265.20. This is a budget item, which will be inserted by Mr. Maker; ;': '~ DEPARTMENT.OF NATURAL RESOURCES: Notice received that the following am~unte to be appropriated are in accordance with Chapter 660, Acts of 1948 and Chapter 761, Acts of 1949: Chapter 660; Znsect Pest Control $7,500 and Chapter 761, Dutch Elm Disease $4,000 and the board voted to refer this to the local Moth Superintendent who is in charge of this program. DEPAR~NT OF PU~ZIC WORKS-' CHAPTER 90 Notice received tha~ the sum of $2,323.28 is to be paid by the to~n ofl NSrth Andover for work performed· · . under. . contract ~15362 to the contractor Martin Mailet:,... ~[ EAS?ERN MASS. ST. RY. CO: A letter received from E. R.'.Withrow stating he was unable to meet with the board tonight but he explained the scheduIe for North Andover which became effective on · January 2, lP55, and listing the trips which were discontinued As of this date. The' board 'voted unanimously to ~request that Mr. ~ithrow mee~ with' them on January 17, 1955 at 7:30 P.M. to discuss this matter ~further. 'D~AGE CLAIM~ l - ~ ;claim f~r damag~ to an' oil'tr~ck in the 'amount: 6fi' $97;'85 ~a~ recei~6d-fr~m TrombI~ ~Brothers. The roadway-on Sutton StreeZ ~a~e 'way and it was necessary to hire a crane to hoist the truck up and put it on. solid footing. '~heboard voted unanimously to allow this 'amqunt after a proper release hasbeen received. CHAPTER 80 ASSESSMENTS ~ Charles Perocchi, Osgood St. and Harold Stott, Beaconhill Boulevard came before the board to object tothe assessment on their property for improvements made on Beacon .HiLl Boulevard. · ~.. ~ Mr. Nillis explaincd that this assessment ,ms made to all owners of property on this street and the amount was determined by the engineer in ac:cordance with the footage · ~'. on each' lot. The amount listed is due and payable and has been registered at the Registry of Deeds. It was committed to the assessors by this board and then to the Tac collector. This can be p~ld in installments over a period of twenty years but there is interst charged at 4%. The question before us is whether or not this is an inequitable assessment.- . . . .... Mr. Perocchi informed the board that this work did not sSart a~ Osgood Street but about 160 feet in from this s~reet. He had~ talked with the engineer when he was · measuring the street and was told. that he would no~ be assessed as the w6rk would start 160 feet in from Osgood Street. Mr. Stott said that John Coughlin informed him tha~ if no work was done on the street in front of nis property, he would not be assessed. Mr. John Mahoney, also present, said that the road from Osgood Street to the limits of Mr.'.Stott,s peoperty had been plowed and sanded in the winter and oiled in the summer for the past 28 yrs. He said that he had always understood that this part of the road had been accepted by the town. Mr. Willis pointed out that there was an article in the last town warrant and that the cost. of this project was voted on by the town and has been assessed as required under the law, on a footage basis against each owner of property in this area. He felt that even though work was necessary on one portion of the street that there was an improvement to all properties by the access ~o Chickering Road, which is a state highwa~v. Ne said this street will be accepted, perhaps in March and will then be the responsibility of the town. JANUARY 10, 1955-continued ~uggested that Mr. Perocchi and Mr. Stott file with the board and action will be taken at a later date. In reply to Mr. Perrocchi,s question as to their right of appeal on the decision of the Selectmen, Mr: Willis informed him that they could appeal to the Appellate Ta~ Board of the Commonwealth. BOARD OF APPEALS- TIDE,~;ATER OI~ CO: Attorney Arnold H. Salisbury came before th~ board and informed them that there ware only five days more left to appeal the decision of the Judge in this case. He stated that he thinks that the determination of the Judge is erroneous and that it is a town problem. If the board feels that the town should'not bear the cos~ of this appeal, then Mr. Hollins will pay'the full Cost. He would like'this~'boar~d to authorize him or any other attorney ~o appeal the decision of' Judge Fairhurst. Mr. Willis asked if Mr. Salisbury didn't think this board would be in trouble if they go against the Board of appeals in their decision. ' Mr. Salisbury said he couldn't understand this board. This is a matter whiCh.affects everybody in the town and it is up to the Selectmen to take some action on the matter. If we have new by-laws and this one i~' included, the'board 'of ~appeals ~hll. not be able to stand on their own if this is not straightened out. He mentioned ~thkt the ~own defended one person some years ago and paid for it but Mr. VIfl]ts did hot this this case~was analogmus. He felt that it was unfair to listen ~o one side Of' the story without having a representative from the ,Tidewater Co. present'. He' said we already have a.directive f~om the Board of Appeals. Ne went on ~o eXPlain that the Selectmen called the chairman of'' the Board of Appeals and then sent th~m a letter which Mr. Willis read a~ this meeting. Mr. Salisbury said that he has been authorized by a citizen,of the town ~to make an appeal in this case and he'feels that the Selectmen are bound to take' some action. He said he was here in the name of the' Board of Appeals to see that this by-law is taken care of and since the Selectmen have control of the Board of~ Appeals, he is asking for actionfrom them~ and he thinks it is a duty~ of the board. -. Mr..Willis-felt that the Selectmen arein a dangerous position by l~r. Salisbury's presence as no~ representing the Board of Appeals~ since he is here'as counsel for Mr. Hollins. We have a matter which has been determined by a board of Appeals and the matter has been brought mo our attention as completed. Nsw you 'tell us to change this; -. Mr. Salisbury' said he had nothing further to say. Mr. Kirk felt that it was. evident that we have to come ~o some decision and we have received a recommendation from the Board of Appeals. He then made a motion that the Board of Appeals appeal the case. Mr. Firmeran would not second the motion unless Mr.. Hollins paid the full cost~ - · ~ Mr. Kirk accepted the amendment and his motion was that the Board of Appeals, represented by Attorney Arnold Salisbury appeal the decision of~the Superior $ourt, Tidewater Oil ~ompany vs. the Bo=~ of Appeals with the understanding that Mr. Hollins bear the f,,11 expense. Be£ore calling.for a vo~e on the motion as amended-,Mr.' ~?illis said he wanted it clearly understood that we'are going into extremely dangerous ground when w~ reverse a decision of a board ~with primary ~urisdiction of a particular' matter such as the ~Board of Appeals in this case. The original reason for forwarding this matter to the Board of Appeals was to obtain final approval of this 'board~ sin0e it' was beyond the scope of the authority of the Selectmen to reverse a~ decision on such' a~ matter. Zt is solely under the Jurisdiction of the Board of Appeals. - ~e have~ heard 6nly one side of the case and this matter could be readily taken care of~within the confines of the ~w~ by-laws anti.authorized under the new by-laws. He feels that"Justice was given in the Court. to both parties. He' questions the de6ision"6f this board. The motion was carriud by majority vote ~with Mr. 'wil~s voting against;themm0tion. MEETING-RE DEVELOPMENT OF NORTH A~)OVER. A meeting was held in the Court Room with the Board of Public %¥orks, Board of Assessors, Pls~ming Board, Advisory Board, Board of Health and the Highway Surveyor to discuss the ~eedevelopmen% of ths to~n and so' that developers would know Just what they are required to do. Nicholas Nicetta, chairman of-the Planning Board was called on first and'he stated that his board was ready to adopt the Rules governing subdivision as proposed by the state department of Commerce. These include the following: Streets should be a minimum of h0 feet wide with a travel way of 26 feet; covered with ~2" of gravel; two asphalt coverings, one ~ith 1 gallon per sq. foot, the second with one half gal2n per square foot. Then a ~entative approval is given by the Planning Board after plans are submitted. All utilities, sewer and water and surface drains would"have to be installed, before final approval is given and the bond ~released. Mr. Nicetta stated that these rules and regulations are subject to the discret~on of the local agencies. Mr. ~#illiam B. Duffy suggested that the Planning Board adopt these rules and regulations and he felt that at least something would have been accomplished by this meeting. Mr. Nicetta said his board was ready to adopt these rules and rs~lations to-night and were waiting only for the consensus of the ether town boards.