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HomeMy WebLinkAbout1955-01-1788 ' JANUARM 10, I955 -continued. DEVELOPMENT OF NORTIt ANDOVERz Mr. Duffy thought this an sxcellent suggestion and stated that the Board of Public Works would endorse these conditions. Mr. Willis pointed out that when any new development is started, the Planning Board will send a report to the Board of Health. Dr. Kay said he was interested only in sewerage. The town is overflowing with ceptic tanks and cesspools. He mentioned tha~ the building inspector is giving out permits before approval is given by the Board of Health. Mr. ~Tnipple brought out the mat~er of permits being given out before s plumber's permit has been obtained, Mr. Willis pointed out that the building inspector's salary is only $500 and it is only part time work and it inadequate for the amount of work to be done. During the discussion it was Suggested that the Planning Board sponsor an article for a full time building inspector and perhaps he co61d be put under civil service. Howard Gilman stated that he felt the building inspector had ~oo much authority and all the trouble in the past has been caused because of a mistak~ made by him. Mr. Willis again mentioned that he receives $10.00 weekly and that he has been sc confused that he doesn't' know which way to turn. He agreed that we should seriously consider a full time building inspector. He felt that there should be a fee for all building permits issued. It ~ras then agreed that the rules and regulations of the Department of Commerce should be adopted and that the Board of Selectmen notify the building inspector. These rules 1~11 be mimeographed and placed in various offices in 'the town building so that all developers will be able ~o obtain them. Mr. Duffy suggested that all board coopera~e with the building inspector and try ~o work. this mat~er out. It was agreed that the cos~ of printing' these for~s would be paid frhm contingen~ fund. ~lph Finck will take care of this matter. Ail present felt that sSmething definite had been accomplished. JANUARY 17, 1955: ~' 2he regular weekly meeting of the Board of S~lectman ':ms held at 7:30 P.M. With all members presen:. VOTING HOURS: ~' ' The Board voted'unanimously to have the hours for voting from ~ o'clock in the morning until eight o' clock in the evening. Mr. Lyons had Suggested sevan, to seven but the board did no~ go along with this suggestion. EAST~gN MASS. ST. RY. CO: Mr. E..R. ~ithrow, manager of t~is ~omp~y met with the board at 7:30 P.M. to discuss the curtailment of bus service in ~o~n. Mr. ~illis pointed ou~ that there.had been a curtailment of service and that the board had received no notice. ~he complaints made have had particular reference ~o Sunday morning service from~ those who desire to attend church in Lawrence, and also the long wait between the last bus and the nex~ to the last bus. There is a three hour spread. Mr. Withrow state~ that a notice had been posted nine days prior to the change in all the busses and a written notice to the Department of Public Utilities. He explained that the reason for change in the late buses is due to the fact that there were so.few passengers. Changes have been made all over and the company should have made more changes in Lawrence. He said he would do anything he could to Justify this curtailment and would accept any suggestion from the board. He would like them to see the actual checks made on the North Andever route which he feels is the most thorough check ever made. They must adhere to the D.P.U. rules and that is the reason · or the curtailment.' He informed the board that they could order them to put back some service if they saw fit..He informed Mr. Willis that they could contract the D.P.U. He agreed to bring the records to this office if the board requested it. ;~r. Willis said he felt that the board could contact the D.P.U. first but inq6ired if there is any possibility of having a bus on Sundays for church goers. He suggested that a pr6vision be made ~o run one bus for church service which would arrive in North Andover around 10:30 A.M. so that they could attend ~ass at S~. Michaels. Mr. Kirk mentioned that all other churches would.benefit from this bus as the services in the Protestant churches are around tha$ time. Be also suggested that for the people whoc attend church in Lawrence there should be a bus leave North Andever around ten o'clock. ~he boa~d suggested that they change the night service as people who ge~ out of work around nine o,clock have ~o wait more than ~wo hours for a bus. - Mr. Withro~ informed the board tha~ he will work on these suggestions and that he will notify the board in writing as to what decision is made. He said that they pay their drivers $1.75 per hour and many times they don't even take in sufficient for wages. ATTORNEY ~ROMBLY'S REPORT. Mr. Willis presented Attorney Charles Trombly, s report on the case of E. J. Ryan vs. the Town of North Andover which was held on December 31, 1955 and the Court found for the Town of North Andover. Mr. Trembly stated that he will not submit any bill for this work due to the smallness of the claim. MA~. Kirk made a suggestion that the board accep~ the report with grateful thanks and that a letter he sent to Mr. Trembly. Vote was unanimous. 89? JANUARY 17, 1955: continued DEPARTMENT OF PUBLIC ~'~ORKS.' Notice received that the Board of Commissioners made a tentative grant, con- tingent upon local action, of the sum of $16,000 for highway purposes in %own under the provisions of Chapter 90 of the General Laws. ~he project is Great Pond Road, Route 133 F. A. S. State $1%,000, Town $7500, County-S7500. Maintenance, State $1,000, Town $2,000 and County none. An attested copy of the vote of the %own on this matter will be mailed %o the Department 'at the earliest possible d ate. LAWRENCE ~W~CTRIC COMPANY: Notice received that a 2500 lumen light has been installed on poles 1055-1065 on Mass. Ave. as of December 28,1954 and that a 1000 lumen light on poles 1055 and 1056 were removed on the same date. RABBIES VACCIN~ NOTICE: Notice received that the County Commissioners have contracted for rabies vaccine and the con~rac~or for 1955 is Wyeth Laboratories, 230 Commercial St. Malden. ~he county will not reimburse for any vaccine no~ purchased under the con~ract and from the conmrac~or named~ LUMB~RMENS MUTUAL CASUALTY CO: Notice received that all boilers have been examined and no conditions ware noted requiring attention at this time. N~g ENGLAND TE~. & '~.CO: A petition was received for permission to locate a line of wires, poles, cables and fixtures on Middlesex Street, opposite Miffl'in Drive, 1 pole. A hearing will be held on this petition on January 31, 1955 at 7:30 P.M. NEW ENGLAND TEL. & T~. CO.- LAW~ENCE'E~ECTRIC CO: A petition for Joint locations on Great Pond Road, southwesterly from a ppint approximately 1950 feet southwest of South Bradford Street, 6 poles, was received. No hearing required and the board'voted unanimously ~to grant this petition ~ ATTY. A~OLD SALISBUP~: ~he board received a letter from Mr. Salisbury with three ~rticles ~o be inserted in the 1955 annual ~own warrant, all of them to be sponsored by the North Andover Taxpayers, Association. Mr. ~¥illis felt that these articles require action-by the Planning Board but later decided that Mr. Salisbury perhaps has this in mind before the town meeting. ~ BOARD OF APPEALS- T~;~ ~?ATER ASSOClATE~ OIL CO: A letter was received from the Board of Appeals informing the Selectmen that the Board of Appeals voted no~ ~o appeal the decision of the Superior Court with relation to the said court's' decision in the matter of"~dewater Oil Comp~ly vs. the To~n of North Andover. LYNE,WOODWOR~ & EVAR~B-~E TIDE WATER OIL CO: A letter was received from the above firm relative to the action taken by two members of the Board of Selectmen on January 10 last. The letter further sma~ed that Mr. Salisbury had entered an appeal claiming to represent the Board of Appeals. In their opinion, the selecmman who voted in favor of the proceeding with the appeal, acted outside of their po~ers'as the To~rn is not a defendent in the case, and only defendents, are the members of the Board of Appeals. ~he delay caused by the appeal entered by Mr. Salisbury ~ be very damaging to their client and the damage will result directly from the action of the two members of the Board of Selectmen, who acted beyond their authority, and they shall be held responsible. RESCIND ACTION TAKEN JANUARY 10, 1955. Mr. Kirk made a motion that the board rescind the action taken on January 10, in the case of Tide Water Associated 0il Company vs. the Board of Appeals, when they voted to instruct Attorney Arnold H. Salisbury to appeal the decision .of Judge Fairhurst. Mr~ Finneran seconded this motion and the vote was a majority vote with Mr. Willis not voting. Mr. Kirk then made a second motion that Attorney Arnold H. Salisbury be to withdraw the appeal made ~o the Supreme Judicial Court in the case of the Tidewater Associated Oil Company vs. the Town of North Andover. Mr. Finneran seconded this motion and the vote was a majority vote ~ith Mr. Willis not voting. BOARD OF ASSESSOP~: A letter was received from the assessors and also a copy from Dr. Haloid C. Case, President of Boston University, relative to an agreement to provide certain services ~o their local property. This provision of services is exercised by non-taxable corporations in the town and this is the first instance that such a request for an agreement has been made. JANUARY 17, 1955-continued. BOARE OF ASSESSORS- ~he University had before the Appellate Tax Commission an application for abatement of 1953 taxes, amounting to almost $4,000, which the ~ssessors refused. Since the Assesso~,s have no authority to make such an agreement they turned the ~atter over to the Selectmen and have given Highway Surveyor Ira D. Carry a copy of Dr. Case's letter. Mr. Willis stated that the Selectmen cannot enter into any such agreement, and they never have nor do they intend to do so now~ He suggested that a letter be sent to Dr. Case informing him of this 'policy and suggesting that they will be happy to extend to them all the services available to other property owners in the town and if, in the future, they have any complaints with regard to any service they feel they are entitled to but ar.e not receiving, they should bring such complaints to the Board of Selectmen. This was agreeable to all members of the board and this is the action they will take. AGREemENT AND BOI~D: An agreement and a bankbook in the amount of $5,000 was presented to the Board by Carmelo Marine will mee~ the necessary requirements as the .Highway Surveyor shall have prescribed as the conditions precedent to his certification of said Woodstock Street, under the Se2ectmen's regulations for laying cut streets. He will do all the work required if the plan is approved, on or before january kO, 1956. The Select~en voted to inform the Planning Board that the agreement is acceptable to the Selectmen ~nd also the bond, conditioned on the approval of the plan of Mr. Marine by the Planning Board. Agreement and bank book which is assigned to the '~o~n will be filed in the Selectmen' s file. BIDS FOR TOWN REPORT: Miss Finn took care of the advertising for bids for the mown report and they will be accepted until eight 8,clock P.M. on January 24,' 1955. JOHN WORg~TE~- RE CULVERT REPAIRE: No reply has been received from ~Mr. John ~orces~er relative to payment for work done on the culvert at Stevens ~tll and the board voted to send a letter to remind him that the Board is anxious ~o know what action, if any~ has been taken by him. ACCIDenT REPORT, A copy of an accident report was received from the Highway Department. ~illiam Smith, 53 Chestnut Street was liftinh a barrel onto the uruck and strained a ligime~t in h'is leg. He was attended by Dr. Charles Lee. SPEEDING ON ROUTE 125. Mrs. John Griffin talked ~ith Mr. Kirk about having the speed limit reduced on'Osgood Street from 45 MPH to 30 MPH, route 125. She requires a letter from Chief McKee and one from the .Selectmen in order to have action taken, according ~o Mr. McCarty at the Department, Highway Traffic Engineers,Boston. Mr. Willis suggested that this be referred to Chief McKee and have him report on the conditions as they e~isted before and make a decision and report to the board by next Mon~ay, if possible. CENTENNIAL CELEBRATION BUDGET, Wdlliam Mc~loon, chairman and Ralph Finck came before t~e board to discuss their budget for Centennial expenses and suggested that the amount of $14,400 be raised and appropriated for this purpose. The money will be expended .under the direction of the Board of Selectmen. ~hey stated that it was diffic~lttto arrive at a specific figure but they have tried to include ~verything that will come up under %his expense. The Board gave Mr. Mc&loon' the authority to submit a bill for all the telephone calls he has made out of town, at a later date. The regmlar weekly meeting of the Board of Selectmen .was held at 7:30 P.~. with all members present. Weekly b~.~s and payrolls were approved. TREE REMOVAL R~QUF~T: ~alter Hoyt, 65 Linden Avenue requested the removal of a large elm tree on Court Street in front of his property. He is planning to build at this location and the tree is directly in the way. Mr. Conners checked this tree and informed the board that the tree should be removed. ~he board voted unanimously to refer this matter to the tree warden for posting and a hearing. CHIEF MCK~E: Chief McKee infor~d the board that Mr. Curry is coming to North Andover next week to check the speed on Rout~ 12~ as a result of ~s. Griffin's inquiry and he will have a complete report next wee~.