HomeMy WebLinkAbout1956-05-14209'
MAY 14, 1956
~/~--'~-'~weekly meeting of the Board of Selectmen was held at 7:30 P.M.
Ail members were present. Weekly bills and payrolls were approved.
TREE REMOVAL HEARING:
A hearing was held on the petition ,of Mrs.' Ruby Knapp ~or the removal of two trees
on Cour~ Street which interfere with a proposed-'driveway. The Board voted unanimous-
ly to grant this petition and instruct the tree warden to remove the trees.
COMPLAINT- STOP. ING JUNK
~'fm. J. Sullivan, 21 Hewitt Ave. Mrs. Irving Hilton, 24 Hewitt Ave. Mrs. ~hlbert
' Gauthier, 27 Hewitt Ave. James Keen, 31 Bewitt Ave.. and E. E. Dixon, 67 Chestnut
Street came before the Board to discuss the Ju~ w~nich is stored or .kept .on a: truck
by a Mr. Monohan of:53 ChestnutStreet.. Mr.. Sullivan stated tha~. he-has 15" ~pipe
:,lwhich ,is 20. feet long,' bed, crib,~.refrigerator, etc; :and also that he has a snow
. fence.,in.,the front, of the yard which probably belongs to ,the town.. He doesn'.t have
any license for storing Junk~
,,~o:.'The ,Board voted to have Mr. Monahan come before the Board. next~J~onday at ~.:30:P.M.
amd also the building inspector and this other group if they wish to come in.
~., .~There was also discussion about a two family; house at this location in v&ich ,there
is only one outlet amd it was felt thaZ created a hazardous condition if a; fire
should start. The Board voted to request the Fire Chief to look Over this property
and report back to the Selectmen as to the condition existing here.. :~.
.,.~: Commanders Robert Nicetta and Hans 0hristensen and several other;members, of,,these
organizations came before the board to discuss ~the appropriation for Mamorial:~Day
amd they were satisfied that it is now $550 and they also discussed::: cutting:~down
on the ,parade route; Mr. Kirk said he ,would go along with trying it out.:for:e~xperi-
mental.purposes but Mr. Broadhead and Mr..Finneran 'were not' in'favor' of this-;~.
~:~,, The group agreed, to check .the,, various organizations and 'see if they all agree~to
reques~ a change. ,and they will notify the board..' ' . '
REQUESTS FOR I~EMOVAL OF TREES . ....
Pe/legrino Saleratus, 22 Young I{d. requests-the removal of an elm tree ~n front of
his property which interferes with the sewer: ~i~es and ,th% roots are co"m~nk :through
the cement foundation which-is around the trap.-~This, was referred 'to .the: tre'~
.:warden for investigation- and hearing. Hearing will be:,held on. May. 28,~ .1956~ at
7:30 'P.'M; . .. - _.
Another request for removal of a ~ree was received from Leo Galeazzi of 'Saw-ye-~ Road.
This t~ee'"is on what is :o be the side~alk and he ~uld like to have it removed
before the.,sidewalks are put in. A hearing will be held On-this request 'on .M~y 28,
1956 at 7:30 'P;M.
·LAND COURT: ........ ' ... ~ ·
Notice that ,a petition has 'been presented.to,Land Court-by Anna Anderson of-; Andover
to confirm her title to a certain piece of land situated in North Andover. 'No'. action'
taken by this board but the matter will be checked with Mr. Maker.
;REQUEST. FOR PERMIT TO MOTE BUILDING:
,Robert Dill o£ 18 Stevens Street has applied for a permit to move a. building :from
StevensStreet to beyond, the Junction of South Bradford Street. ,The building: is
':~:'~14' x 18X and is -ten ft. high at the highest point. Mr. Kt:'k suggested that.Mr.
· '-':-Dill~cone in' to talk to the board about this permit and in.he:interim:that 'the
-:: 'Police chief~ Fire chief,'and tree warden"check the' route to be. taken to see if
there, will be any 'difficulty_ along the way.
I~EOREATION COUNCIL:
A letter received from Philip Sutcliffe informing the board that at:the meeting
..of the Council on May 9 it.was'voted to request the Board of Selectmen to, contact
-the Board of Public ~orks to see if there can't be some kind of identification on
the Bathing Beach Life-Guards. During. the pas: seasons~ the general public:c~nnot
tell who the guards are. Mr. Sutcliffe further suggested that the meeting wluich
was to be arranged between the council, selectmen and the Board 'of Publi, c ~orks,
· .would-not be advisable at this time. -. - --.
.. The Board voted to notify the Board of Public Works-relative. to the request: Concern-
ing the life guards. _
SCHOOL COMMITTEE:
A letter received from Francis J. O,Brien, Secretary advising the Board that-on
May 3rd last, the school committee voted (1) that theBoard of Selectmen.be re-
-quested to take immediate steps to carry out the vote o~ Article 31 of the Annual
To~n' meeting and acquire the site for a new elementary school; (2) to urge the'
Building committee to proceed with plans for an eightroom school and urge, if
~-%o,.heve this done by. the fall of 1957.- -
On motion of Mr. Broadhead, the board ~oted unanimously to retain Atty. Arthur A.
Thomson as counsel to proceed with the action of the %own meeting relative to
31.
210
MAY 14, 1956- continued
LAWRENC~ ELECTRIC COMPANY:
A letter received from Mr. Frost of Lawrence Electric. Company recommending certain
locations for 20,000 lumen mercury vapor lights to replace 10,000 lumen lights
at a total cost of $258.00 per y~ar. The board discussed the ne~ locations recommended
for ~hanges and decided that they would request a 20,000 mercury vapor light on pole
701 at the corner of Davis & Main Streets as this is a very dark area and the foliage
on the trees is very heavy during the' summer. The Board will check along Main Street
before they take action on the recommendation of Mr. Frost.
LAWRENCE CAS CO:
The Board approved the following reques~ for permission to excavate for gas mains & services.
1- To excavate 1225 feet in street on Marbleridge Road to install gas main.
2-To excavate 120 feet along Mass.~ Ave.. and Beech Ave. to install gas main.
3-To excavate 27 feet in street~ to install gas service for Dewey A. Dyer,56 Milk St.
4~To excavate 56 feet in street to install two(2) gas services for Mr. ~a~!~fck and
Mr. Girard, Marbleridge Road.
5-To excavate .32-.feet in street to install gas service for P~dosilda DeBurro,Beech Ave.
Ail o£ the above requests were approved by the Board of Public ~,~orks and Mr. Carry
will be given a list .of the excavations.
~EQUEST FOP~ SPECIAL 'TOWN MEETR~G:
The Board of public works request that a special town meeting be called at once for
consideration of the following article: To see if the ToE willy,ore to accept from
the Lantern .Corporation of Lexington the sum of $4,000 .to be used ~by the Town ~and applied
towards the ~cost of extending the ~ter system on Dale Street, from Appletom towards
Marbleridge Road.
The Board contact Nicholas Nicetta of the Planning to see if their article will be
ready in the near future and he informed the chairman that they~ill have a definite
answer Wednesday evening. The board decided to'wait until after Wedmesday but set a
tentative date as June 4, 1956. for the special town meeting and wmrrant will,include
articles which have been presented for insertion in the next warran~ of a special
-town meeting.
PETITION FOR JOINT POLE LOCATIONS: .~ ·
Petition of the N.E. Tel. & Tel. Co. and Lawrence Electric Co. for permission to
relocate_ poles, wires, cables, etc. on Thorndike Road, approximately 214 feet~scuth-
east of T~oy Road, 1 pole(r~move 1 pole) was approved by th~ board. Nc. hearing
~required.
LAWRENCE ELECTRIC CO:
Petition for permission to construct a line of underground electric conduits from
existing manhole on the easterly side of Elm Street, at a point approximately 49 feet
southerly from Prescott Street, northwesterly across Elm Street a distance:: o£~approxi-
mately 66 feet to an existing pole,. 2 ducts. A hearing was set for May 28, 1956 a~
7:30. P.M. o
CHAPTER 90 -~PZNION FROM ATTY. A.A. THOMSON:
Atty. Thomson forwarded his opinion which wns requested by the Boardof Selectmen
relative to Chapter 90 work as it applies to the vote Sf the Annual town meeting.
Mr. Thomson stated that since there is a recorded proviso in the record, it is his
opinion that the amount raised and appropriated under the article may be used for
Green Street, providing the State and County concur, only if the Selectmen indicate
that they have taken "all possible steps ~o persuade the State and County authorities
to agree to the use of said funds fo~ the re-construction of Dale Street, such
"possible steps" being unproductive of assent of State and County.
The board voted to send a letter to the State Department of~ Public Works relative to
this vote and ask for their opinion as to the best possible project for chaptergO
work. They will inform them that the City of Law~ence has now agreed to do chapter
90 work on their side of Green Street providing that North Andover will do Green
Street to the bridge under this chapter.
DAMAGE CLAIM:
The board approved a bill for $31.O0 for gl~sses and examLnation for Mrs. Helen
Skinner, 106 ~averley Road. Mrs. Skinner fell on a defective sidewalk and broke her
glasses and injured her ankle but will sign a release if the ~own pays for her glasses.
The board voted unanimously to accept the release for the amount of $31.00.
DAMAGE CLAIM- OPINION FROM A.A. THOMSON:
The Board voted to accept the opinion of Atty~ Arthur A. Thomson relative to the damag~
claim of Fred Hilton in the amount of $202.56 for damage ~o his truck which was involved
in an accident with the to~vn highway department truck which backed into his truck on
March 22, 1956.
The board voted to inform Mr. John C. Damon , who also put in a claim for $149.30 for
damage ~o his car When it skidded into a town highway truck om April 8, 1956 as they
felt he was guilty of some contributory negligence, that no reimbursement could be
made.
Mr. Thomson will prepare the necessary release for Mr. Hilton's claim.
MY ih, 1956-continued
BID FOR PAINTING TO;~ BUILDING:
The Board vo~sd unanimously to'award the oontract for painting and washing the
interior of.the %o~ bu~din~ %o ~te~ L. Davis, ~8 S~vens S~. North
on his low bid of ~395, 9rovidin~ he ~11 9os% a Performance Bond in %be
of his bid.
~. K~k info~med the boa~ ~ha% he is satisfied with his investigation
Da~s ~d tha~ he is satisfied that he is a subst~tial business-m~d w~l do
a good Job.
dIV~ SERVI~ CER~FICATION: ~E~ POLICE
A certification and report form was ~ceived fr~ the Di~ctor of Civil Service
listing the follo~ng ~n as available for certification: Daniel M. ~i~an,
429 '$averley Road, Ja~s E. Ftizgerlad, 31 ~illips Co~t and ~th~ %~. ~wson,
215 Sut~n Street. ~e ~a~ voted to ~ques~ ~ extension of :wo weeks before
mak~g .their appoint~nts ~d this request w~l be fo~a~ed ~o Civ~ Se~ice for
approve.
BLINKER LIGHT~ DRIVE-IN THEATRE
The Board voted unanmmously to contac~ Mr. Kas~an~ j. Shay of the Den Rock
Drive-in Theatre with respect to the installation o~f , L
Blinker ights', on ~inthrop
Avenue near the theatre, possible at the same location as last y~ar. The Board feels
that these lights should be installed ~now that the theatre is open as there will be
considerable traffic in this area from now on. A letter will .be sent to Hr. Shay.
CHAPTER 80- SELECTION OF A.A. THOMPSON FOR AN OPINION:
Atty. Charles N. Trombly informed the board in writing that he was informed through
the newspapers that this matter of an opinion on Chaprmr 80 assessments has been
referred ~o Judge Arthur Al Thomson in his private capacity as an attorney. Mr.
T~ombly stated that he ~wanted to take this opportunity to Suggesm that the board re-
consider %heir action and that they refer this matter to another attorney for his
said opinion. His reques: is predicated on the following:
1. Atty. Ta. omSon, while a member of this board of Selectmen folloed the sa~ course
of action that this board followed, ~wh~nh couse of action is challenged.. ~
2. Atty. Thomson recommended to this board the action taken on April 30, 1956 which
Mr. T~ombly claims is an "abortive" attempt 'to comply with Chapter80, section 2.
3. Atty. Thomson is counsel for Bertha A. Sheehan and since there has been a
ation of some action against her, he believes there is a conflict of interest.
Attyl Trombly has ac'quainted Atty. Thomson with his position in this matter and he
feels very strongly that an impartial opinion s}~uld be sought b~cA~s.$.ofhA~ty~Thomsc
prior actions as a Selectmen and .because of advice givenlwith regard to the instant
ma~er has a "fixed,, opinion and the question .is of such magnitude that an impartial
opinion should be obtained.
Mr. Kirk stated that he conceded with a couple of points in Mr. Trombly's letter.
Mr. Finneran stated that he didn't feel that the board can be familiar with all the
various client's a lawyer has and he could see no reason for changing their decision.
Mr. Kirk made a motion ~o accept Mr. Trombly~'s letter as "received,,. No further actio:
was taken although the vote was unanimous.
The regular weekly meeting of the Board of Selectmen was held at 7:30 P.M. with
all members present. Weekly bills and payrolls were approved.
BO~.RD OF APPEALS:
Ralph Finck and Nicholas Nicetta came before the board and asked that they 6ontact
Benedict Perrone and Donald Smith to inquire if they wish to continue to serve as
~ssociate members of the Board of Appeals. Mr. Finck stated that the board felt that
they should have men on the board who are active and Mrl Smith and Mr. Perrone have
no: been attending meetings. The board voted to con~act these men on this ma,%er.
COMPLAINT HE~.RING:
Lloyd Mohohan of 53 Chestnut Street and a group of citizens from that area came be-
fore the board ~o discuss the complaint made against Mr. Monohan and the matter of
.his storing Junk on the proper:y where he resides.
Mr. Monohan stated tha~ he Just picks up Junk from the dumps and he s ells it. He
did store it on the property for a while but that practice has been discontinued.
Mr. Lawlor, building inspector,looked at '~he location and there ~as no Junk ~stored
there but there was some on his truck.
Mr. Sullivan stated tha~ there are four or five tires, a snow fence and s large sewer
pipe.
Mr. Monohan s~ated tha~ the tires are for use on his truck and that the sewer pipe
was put there by the High~ay Department and is to be installed when they get around
to it. He agreed tha~ there was Junk there prior to the las: weeks meeting and he
also s~ated that Mr. Hugh Smith, owner of the property has Junk s~ored behkud the
garage but he has nothing to do with tha:.
Mr. Kirk stated that as far as he is concerned the specific complaint is that Junk
is being stored and if this is so, then Mr. Monohan is breaking the law.