HomeMy WebLinkAbout1955-03-15MARCH 15, 1955: continued
COUNTY C OUMISSIONERS:
A letter advising the Selectmen that in view of the fact that the petition of the
Town of North Andover be allowed to intervene in the suits for damages caused by
the reloc.ation of Great Pond Road, was denied by the Superior Court on March 7, 195S,
the County Treasurer and County Commissioners have instructed their attorney to repor~
to them his reco~,endatious with reference to the settlement of these claims.
~hey will make the best possible settlement of these suits, which, they believe,
will be for the best interests of the Town of North Andover.
?he Board felt that no action was required on this letter.
MIDDLETON -RE DOG D~J~AGE:
A reply to our letter of February 15, was received from the Board of Selectmen in
Mlddletgn advising that Mr. Kenneth R. Knifflin and Norman Welch, both of Middleton,
will compensate the owner of the sheep allegedly attacked by their dogs and no
tion will come from the Dog Fund under Section 161.
The owners of the dogs were duly notified that any future complaints will result in an
order to either kill or confine the dogs, by this Board. No ~ctiun required, although
Mr. Finneran informed the present dog officer of North Andover ef the contents of the
letter, since he had ma~e the complaint to. the board.
BOARD OF ASSESSORS
Tae Board received notice that the Beard of Assessors oD March 15, 1955 granted
abatement of Chapter 80 assessments, under the authority of the Board of Selectmen
of March 9, 1955 as follows: Nilliam E. & Miriam Andrews, Lot 139, $43.80; Salvatore
J..and Rose M. DiPaolo, Lots 137, 138, $101.04; Charles T. and Angelina Perocchi,
Lot 136, $101,04; Harold T. and' Helen R. Stott, lot 134, $43.80. Certificates have
been mailed to the above named and the Tax Collector has the originals..
REVOL~R PEP~IT:
~u application for a permit to carry a revolver was approved for Charles ~. Yerian, 33
Francis Street to be used for target practice. Application had been'approved by Chief
McKe e · *
DAMAGE CLAIM:
A letter and a paid bill was received from Mrs. Alfred Concemi,' 50 Sanborn Street,
Lawrence informing the Board that on February 22, she was riding on Route 133 near
the Brooks School traveling towards Lawrence and there was a hole in the road. In
going over the road a piece of the road came up and crushed the muffler .and tail
pipe. This was immmdiately reported ~o the Police Department. ~he cost of the repairs
for a muffler and tailpipe plus labor amounts to $20.15. Mrs. Concemi asked that
the board.consider paying this bill.
Mr. Broadhead made a motion that this ma~ter be referred to the Police Chief and
ask that a report be given .to this board by nex~ ~onday evening.
GENERAL RELEASE:
A general release was received from Alfred Brigugiio, 183 Massachusetts Ave. N~rth
Andover in consideration of the sum of $8.20 to be paid by the ~own for repairing
-~damage to his car on February 23, l~SS.
~EASURER,S BOND APPROVED:
The Board approved the bond of the treasurer, James J. Maker in th~ amoun~ of $47,100
executed by the Phoenix Zndemuity Company. Bond filed with Accountant.
JOHN J. LYNCH: ....
Attorney Lynch informe~ the board that he had a request ~o make if the Board was
in session as Selectmen and he was informed that they would listen to his-~equest.
Mr. Lynch stated that the Registrars have declared a vacancy in the Board of
Selectmen and in behalf of Atty. Ralph E. Finck he is requesting that the Selectmen
call a special election to fill this vacancy. Mr. Lynch, in his letter stated that
as a result of the recoun~ of votes case for the office of Selectmen, the Board of
· ~gistrars did, on March 15,. 1955, officially declare tha~ candidates Flnneran and
Broadhead were duly elected Selectmen and candidates Finck and Kirk failed to qualify
for the third position since both received the same number of votes.
Under the provisions of the General Laws, Chapter 50, Section 2, it is clear that
neither candidate has been duly elected to the office of Selectman. Because of
this failure to elect a third member and with a resul*ting vacancy,, in compliance
with the provisions of the general la.~s, Chapter ~l, Section 10, I am respectfully
requesting that you, as duly elected Selectmen of the town of North Andover, call a
~pecial election to fill the vacancy now existing in said office of Selectmen. Mr.
Finck has authorized the within request because he is well aware that the issue is of
serious import to the townspeople of North Andover and that the best interesms of the
taxpayers will not be served by promoting lpng and dilatory legal pleadings thus
depriving the people of the ~o~n of the services of three selectmen for many mont~s.
In the interes~ of expediency and economy, Mr. Finck feels that this issue should be im-
mediately ?eselved by the voters of North An.dover who alone are concerned with the
final outcome.
MARCH 15, 1955-continued
Arthur p. Kirk speaking in his own behalf asked that the board defer any action
they might take in this matter until he has had an opportunity ro ogtain legal
counsel and obtain his views on this question. He asked that this be delayed for
a reasonable length of time.
Mr. Broadhead made a morion that the board take this matter under advisement.
Mr. Lynch asked that he be ~iven a definite answer and if the board did nor make
a decision ~o hold m special election, he would prepare a petition and obtain 200
signatures and present it to the Selectmen and they would be obligated to call a
special election.
Mr. Broadhead stated tha~ they would take the mat~er up at their nex~ meeting on
Monday evening, March 21, 1955.
Members Finneran and Broadhead discussed.this matter and decided unanimously to
con~act Atty. Arthur A. Thomson and request that he appear at the next meeting to
represent the present board.
MARCH 21, 1955:
The Board of Selectmen met at 7:30 P.M. for their re~mlar weekly meeting, with
members Finneran and Broadhead present. ~eekly bills and payrolls were approved.
SPECIAL ELECTION:
Chairman Finneran informed those present that the board would like %o have, in
writing, a notice to the effect that both Ralph Finck and ArthurP; Kirk would
waive any and all their rights of appeal to the Superior Court, in consideration
of the Board of Selectmen calling a Special' town meeting for one article, ~that is,
To elect one selectman. Arthur P. Kirk and Ralph E. Finck presented the notice to
the board and on motion cf Pmymond ~roadhead, the warrant was opened~ at 8.07 P.M.
to include one article and closed'at 8:08 P.M. and the yore was unanimous.
patrick Cronin, P~gistrar and John:Lyons, To~rn Clerk were present at the meeting.
Mr..Lyons stated that Ralph~ E. Finck and Arthur p. Kirk are nor required to take
out new papers but that any other person'who desires to run for the office will have
to take our papers. There will be registration on March 28, 1955 from 12:00 noon
until 10:00 P.M. at night, certification of papers will be up to and including
April 4, 1955 and the election will take place on April 18, 1955."Polls' will be
open from 9:00 A.M. until 8:00 P.M. in the evening.
Mr. Cronin stated that only two counters would be needed plus the warden, clerk,
four checkers, and the janitor and police officer. He felt that the Selectmen should
notify the four wardens of this change.
~he warrant- will be typed and set up by the Selectmen and the remainder of the work
will be taken over by the Board of Registrars.
LAWRENCE ELECTRIC CO: NE~ ENGLAND T & T CO:
~ hearing was held.on the ~etition of these companies for permission ro locate poles,
wires and fixtures on the westerly side of ~averley Road, from ~ point approximately
1163 feet northerly from Turnpike Street, two poles. (~Wo existing Light Company
locations ~o be abandoned.
~ae board vo~ed unanimously to grant this petition.
INDUS ~PJAL DEVELOPMENT-LA~CE
Mr. Finneran received a copy of letter to be sent to Richard ~Preston, Commissioner
of the Mass. Dept. of Commerce relative x~o the location of Routes 28 and ilO.
~e substance of the letter was ro request Mr. Preston to use his good offices ~o
effect the early simultaneous initiation of'consuruction of (a) Route 28 from the
New Hampshire - south and (b) Relocation of Route 110- east of the new Rodte 28
through the city of Lawrence.
Mr. Finneran discussed this matter with Mr. Broadhead who felt that it should be
referred to the Plam~ing Board and to Mr. Black~ell who is making a study of the
town and its re-zoning, for their consideration and reply as early as possible.
TREE REMOVAL REQUESTS:
Requests for removal of ~rees were received from the following ~itizens:
Mrs. Mitchell Bootman, 235 Pleasant St. one tree which is causing damage to her house.
-Miss Finegan, 50 Pilgrim, a tree on Middlesex Street, split and r6ots push up sidewalk
John,Damon, Bradford, three trees on Johnson St. corner of Marbleridge Rd. Building.
Robert Donohue, ~6 Phillips Court, tree in front of his property damaged by hurricane.
On mo~ion of Mr. Broadhead, the board voted unanimously to refer these requests ~o the
tree warden for investigation and posting. Hearings will be held on April h, 1955
at 7:30 P.M.
STREET LIGHT REQUEST:
Philip ~tller requests a street light a~ Saunders Court. ~his is a very dark area
and there is a ~wo family house at this location. The light on Saunders St. does
not show any reflection in this area. The Board voted unanimously ~o view this
location before ~aXing any action.