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HomeMy WebLinkAbout1956-05-21212 ~AY 21, 1956- continued- ~u~-complalnt Another resident inquired if the board felt that he should be allowed to bring ..~ Junk from the dump and put it on his property or even his truck. Their chil~Jren go do~n in this area to play and she believes it is dangerous and a healthmmenace. Mr. Lawlor then mentioned that he had informed Mr. Monohan that he was in violation of the building laws since he was ~z~ting a building without having obtained a . permit. Mr. Lawlor told him he must take the building down hut he continued to build it. To-night he agreed to remove the building. The Board voted to contact Hugh Smith and ask him to have the Junk removed. ~here was discussion about the two family'house 'X_th only one entrance and Mr. Lawlor informed the board that since the house was built prior to 1943 the only'thing he could ~do would be to insist on a fire escape for safety measures and fire protection. Chief James Daw informed the board that he had no right to enter this building but the building inspector or the Board of Health had this authority. He mentioned that the building inspector could insist on a fire escape and this *ill 'be ~done. · Mr. Monohan agreed to keep the junk he collects on his truck and to keep it covered at all times until he disposes of it. The board will check on this matter to see if he is allowed to sell Junk in this manner ~ithout having a license from this board. V.F.W. and AMERICAN LEGION DISCUSSION: MEMORIAL DAY 1PARADE. Robert Nicetta and Hans Christensen, commanders of these organizations .met with the board and a group of their members to discuss the route and length of the ~emorial Dayparade Ail agreed that it was too late this year to make any drastic changes -but'~,~omething should be done next year. ~illiam Lafond stated that the Moderator had not made the appointmants~ r~quired by vote of the to~m meeting and that delays the plans as the commanders do 1not feel that they~ have authority to spend to~rn money until they are officially appointed. There was discussion about the difficulty in getting groups to .participate ~in the parade as they have other committments in the afternoon and~ the North Andover members have to participate in their ~parades in order to have them come to North Andover in the morning. Mr. Nicet~a mentioned various groups he had contacted and ~e also 'balked with Rev. Carvel and he agreed as well as others that the roume is too long. He. stated that he felt that the mradition in this to~n is not~ in length of parade but in honoring the dead, and they all felt that the correct channel to .make changes such as are · ~ in: question is through the Selectmen. Mr. Broadhead made a.motion that he would go along with whatever parade~'r0ute is agreed on by these organi'zatiohs. Howver, since it is too late this year, he felt that the present commanders should instruct their successors as to this change and that the Selectmen should contact the Moderator and suggest that these appoint- merits be made sufficiently early to that the necessary plans can be made in advance. They will also mention that the appointments for Armistice Day should be made early. Mr. Finneran seconded this motion and vote was unanimous. Mr. Finncran also suggested that a no~e be made that a meeting.should be held in September with the Moderator and the two commanders to make the necessary plans for the future. T~E ~EMOVAL HEARING: · hearing was held at 7:30 P. M. on the petition of Pellegrino Salemme, 22 Young Road for removal of a tree in front of his property which interferes with~the sewer and the ~rap in his cellar. Mr..Connors agreed that the tree should be removed and the Board voted.~Mlanimously to instruc~ the tree warden to remove the tree.~ REM07AL OF BUILDING: Robert Dill met with the board and informed them that. he ~ould like a permit to move a building from Stevens Stree~ to beyond the Junction of Bradford Street. He will pay for a police officer while the buildi6g is being moved. Chief.MoXee, Chief Daw. and T~ee Warden John J. Connors looked over the location and all agreed that there would be no danger to wires, ~rees or any traffic hazard if there is an officer on duty. Mr. Kirk suggested that 'Mr. Dill sera date and get the police officer and le~ the Selectmen know a day ahead of his moving the building and he agreed t& do t~is. Mr. Kirk than made a motion to grant the permit subJec~ ~o his informing the board of the time of moving the building, and the hiring of 'a police office while the building is being moved. Mr. Broadhead seconded the motionand vote was unanimous. LAWRENCE ELECTRIC CO: A request is made to the Board for a letter of authorization to this company to permit them to furnish end install fibre duct and weather head at their expense. The estimated cost is not to exceed $35.00. The board voted unanimously to send this letter of authorization. MAY 21, 1956: continued BELLIA PROPERTY- LETTER FP. OM THOMAS J. LANE: Tae Board received a letter from Mr. Lane's office 'requesting information as to the status of this complaint, from Anthony and Fortunata Bellia. The Board voted to send this letter to Mr. Thomson since they had previously referred this matter ~o him for disposition. REVOLVER PERMIT APPLICATIONS: ~The Board voted unanimously to grant licenses to carry revolvers to Edwin E. Johnson 47 Chickering ~oad, Loomfixer and toJames E. Elliot, 50 Tolland Road, engineer. NE?~ ENGLanD T & T' CO: -LAWRENCE ELECTRIC CO: The .board voted unanimously ~o gran~, permission to these companies for Joint pole locations on Prescott Street, approximately 150 feet southwest of Chickering~Road, 1 pule.(~emove 2 poles) ~IA~VRENCE GAS COMPANY: The Board' voted unanimously ~o grant permission to this company~to excavate Approxi- mately 70 feet on North Main Street, to install 2 regular pits and piping.~ Petition approved by Board of Public Works and notice sent to Mr. Carty. LAWRENCE ELECTRIC CO: A reply ~o our letter of May 15th was received and Mr. Frost recommended -tha~ ~-the to~n remove the 1000 lumen lights on poles 2706 and 2709 and install three 2500 lumen~ights on poles 2706, 2708 and 2709;at a cost of $48.00 per year to the to~n. Mr.. Frost mentioned that pole 2707 is in abad location from the smandpcint of being knocked down by cars entering driveways there. T~e Board voted unanimously to accept the recommendation for the three .2500 lumen lights and to make ~inquiry .as to whether or not the pole 2707 could be removed since it is in 'such a bad location. ~ CHAPTER 80: A lette~ was recei%ed from Edward C. Wilson, Associate Commissione~ informing the board that Chapter 80 can be used on accepted streets but in the event that' this proposal is' to resurface or reconstruct existing accepted streets, then the charge format work cannot be made under Chapter 80. :In respect to the extension of s e~ers and. drains, in his opinion, these are subject ,to~i the charges imposed by Chapter 80 because they constitute an extension or expan- sion of. improvement ~o a limited 'area not hitherto .serviced- by such construction. A copy of this letter will be sent to Atty. Arthur A. Thomson. ARTICLE 31-ANNUAL~TOWN MEETING OF APRIL 7, 1956: ~A letter was received from~AttyA Thomson~ad~ising that he,will 'proceed with such action'as may be required~ to effectuate,the'vote taken on Article 31 at the Annual Town Meeting. He requested that the plans and specific dimensions with reference the plot be forwarded ~o him a~ once. The Board voted ~o refer this to the School Committee and ask that they. f6r~ard the material directly to Mr~ Thom§on~ CHAPTER 80 OPINION- ATTf. A.A.. T~OM~ON A letter from Mr. Thomson relative to the inquiry of this board as ~to 'the validity of the. Chapter 80 assessments states that in the-,opinion of Mr. Thom~on',the ,Board · ~,'' ',should; take the stand that ~the assessments as made are ~legal and therefore payable by the various abuttors. If the legality of the assessments is to be seriously questioned, then it seems to him that the burden of instigating action is upon the dissentingabuttor and that the town would then have no alternative except to properly defend the matter in a proper court. Ail good conscience and equity would seem ~o ~ equire that the assessments be paid and not avoided because of any alleged t$chnicality, since the abuttors have received a very definite benefit, separate and distinct from benefits accruing ~o other taxpayers. In view of the benefits received by such abuttors, it would seem to }~r. Thomson that any attempt to a~oid payment by reason of any alleged failure of technical procedure would appear to be certainly inequitable and distinctly "abortive" as that word might have been used in a recent communication to ~his board. The board voted to accept the opinion of Mr. Thomson and to send this information to Attorney,s Trombly, Finck and Morley, ,1~ of whom appeared before this 6n May 7, 1956. ~AY 21, 1956- continued ~F~D TRUCK PARKED ON CLA~K STREET: No reply was received ~o the Selectmen's letter to Habdel Fary who is sumposedly the owner of this old truck and the board voted to send a registered letter to him, ~o determine if he is the rightful owner. POLICE OFFICERS-SPECIAL The Board voted to send a letter ~o Dewey A. Dyer requesting that he submit a list of the men he feels are qualified ~o be appointed as special police officers for the coming year and that the list be in the Selectmen's office by May 28, 1956. cOMPLAINT ABOUT TAKING GRAVEL: Edward Phelan made a complaint to the board!, about gravel~.which has been taken ou~ of land on Mill Road and they have left A pile of dir~ 20' high and lO'wide which makes it very dangerous for children who play in that area. The land was originally owned by Mr. Rea but it has been sold to the Colgate Co. .. The Board voted to find out who is removing the gravel and have the matter straightened out since it presents a dangerous condition with respect: to the safety of the children in this .vicinity. They will request Chief ~cKee to check on this matter and report back .to the board. COMPLAINT ABOUT CATCH BASINS: }Ar. ~irk asked that the board inform Mr. Carry about two catch basins, one on Pleasant Street near the residence of. Milton Howard and this is in very .bad condition and the other one is at Wiley Court and Pleasant Street. The Board voted~ unanimously .~o' request Mr. Carty to inspect .these catch basins and - particularly the one at Howard's residence and pus them back in condition.. STREET LiIGH T* ~. Mr. Finneran informed the board that he had received a,. request from Western Eloctric Company for a temporary street light on pole 193. The Board voted unauimously to reques~ a 2500 lumen light on this pole and at the same time request that a survey be made of this area so that the board will have this information available when a request .is received from this company., which they feel%will no~ be .in ~the ~too distant future. .. · .... -~ . FUEL OIL STbRAGE; . . .,~ ...... ..An. application was received from Mr. Erwin for ~estern Electric Company .for'a license to s~ore 350,000 gallons of #6 fuel .oil at 1600 Osgood Street and. 10,O00 ~allons of #6 fuel oil. A hearing was set~ for June~ 4, 1956 at .7 :OO P;M. COMPLAINT-re N.~. PONER ~O: The Board voted to send a letter to this company with respect to debris~which was left on the property of Anthony $zelest, Boxford Stree~ and he asked that they · put a pipe in .there to carry off the excess water which collects on his property due to the debris. ~ SPECIAL TOil; MEETING: A special town meetins will be held on June 4, 1956 a~' the Bradstreet School a: eight o'clock P.M. and there w-ill be eight articles. The board discussed the article· on .the fee for building perlmtts and Mr...~homson had given the board a ~,.~ ~ ..~ copy. of. the article to be inserted and had' set a figure of $1.00 per thousand · with a minimum..fee of.~lO.00.: Mr. Kirk felt tha~ the fee should be $1.50 per ~ thousand and the other members agreed and this figure was inserted in~. the article.