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HomeMy WebLinkAbout1957-09-16September 16, 19~7 continued SWINMING INSTRUCTOR The Board received a copy of Mr, kralter Corcoran's report on the American Legion Bathing Beach, as submitted to Mr. Wtll~m Duffy, and it was agreed that Mr. Corcoran,s report be accepted for the Salectmen.s files. BOILER INSPECTIONS Boiler inspection certificates from Lumberman's Insurance Company were accepted b~ the Selectmen to be forwarded to the four public school ~,t~dings as specified. D.P.U. NOTICE OF HEARING A Notice of hearing on petition of the Merrimack-Essex Electric Compaz7 from the Department of Public Utilities was received and accepted by the Board. OIL BURNER REPAIRS The Board voted unanimously to notify Mr. Joseph Label to make the necessary repairs to the Town Garage oil burner, keeping in/z/md the possibility of a new garage in the near future. Mr. Labe2 had submitted estimates on the cost of repairs.. .' SCHOOL BUi-.~DING COMMIT',~z The Board received a .cmmmmication from the School 'Building Committee requesting and recomendtng that the Board of Selectmen approve the setting of a permit fee for the nom~ sum cf $10.00. This. building permit w~11 be applicable to the new Frank~ f n Elementary School to be buf~ t. Mr. Finneran motioned the fee~be set at the nominal ~mount of $10.00. The Board voted unanimously on the matter and agreed that the School Building Committee and Building _r~pector should be notified of this decision. MINIATURE GOLF COURSE .~- Motion was made.and seconded to adjourn to the cempan7 ~oomof the Fire Station to hear Mr. Schruender.s license application for a miniature golf~course...-.~ C~an Finck stated that Mr. Schruender,s application for'a license to operate a miniature goLf'course was a Se~ ctmen's .matter under Section 181 Chapter 40. Mr. Finck .mentioned that Xtty. Curcio was present as Er. Schruender,s coumsel. F~t~,yC~2c/~ reminded the' man~ residents of the Chickering Road area that Mr. Schruender's property was zoned for general business and that Mr. Schrueuder was acting within his rigkts providing the business was not detrimental to the area, and that it would not be a detriment. Mr. Curcio stated that the petition had been filed and they were open to answer ar~ objections. Mr. Smith stated he,was an abuttor to the Schruender land and that the proposed golf course would come 20 to 25 feet from his back ~orch, ~ about 35 feet from his bedroom window. Ne stated that the whole a rea was too close, that parking off the highway would be a hazard, that children in the neighborhood would ~e ~ble-to sleep. He felts residential' neighborhood was not a fit place for this type of business, that it may as well be a carnival. Mr. McMurray asked if it would effect the valuation of his property. ThSt the/r privacy would be.completely taken away, and .voiced an objection:to the noise and general disturbance.- Mr. Nelt voiced opposition to the proposed golf course, objecting to strong lights at night and that his other objections-ware the same as the other abuttors. An abutter asked ~e there 'would be ~,,-~ic at night. -' Arty Curcio stated' no music at ~present. Mr. Schruender stated~ possibly'in~,~the future. Mr.~ N, llory stated there would be an overflow of,parking in the area. Mr. DiFuscio stated that residents of Amdover Street and Peters Street do~ not,went more business establishments in the area. Mr. Musller,cdo~. Chickert~ Rd. & Mass. Ave., voiced objection to concentrated business develo~ents on Chickering~Road. He stated that the town indicated at Town Meeti~g they were not in favor of devel- opimg business in that area. He mentioned the beautiful scenic background, 'and that the residents were proud of the area and wanted therefor to keep business out. Ch-~rman Finck again reminded objectors that area is already zoned for business. · Mrs. Griffin stated she had same objections as Mr. Mual.lar and wished only to.protect the hemes that are already there. Atty. Finck repeated' the reminder that ,the area is ~l~eady zoned for general business. Mr. Mueller asked Ch~frman Finck if the Selectmen rule en the legality of the permit. Atty. Finck answered that the Board would sbudy the problem objectively and make a decision on the matter. No further objections were offered, and Mr. Curcic was given the f~oor.. Mr. Curcio stated the property is zoned for general business, that Mr. Schr~ander and property owners appeared at the last town meeting end unanimously voted for geners2 ~usinees zoning. That Mr. Schruender has a law~ right to operate a general business. The State has already approved means of ingress and egress, that a miniature golf course is a quiet and orderly business and that Mr. Schrueeder would never violate the business zoning laws. That ~he permit should not be denied .for mere inconvenience to a few people. That the general welfare of the community should be considered when grant~E permit. That Mr. Schrueuder has had other business offers for that area that would be much more objectionable such as a ~wo story doughnut factory. Mr. Schruender has eq,,A~ rights to other business establishments. Mr. Schruender is a long-time resident and has always showed n/zighborly concern and good faith. Ntty. Curcio concluded by stating the parking area would hold approximately 3~ cars, ami that the business hours would be from 2:00 P.M. to midnight. Chairman Finck asked Att~ Curcio for a citation from' the law on sim. ilar matter. Mr. Curcio stated opinion of Atty General in reference to m~orals, that the statute indicates general puklic welfare not harmed. Mrs. George stated her objections were a repiti~ion of others but went on to explain in detail what others had already stated. Mr. Finneran motioned the petitioned be taken under advisement and the Board voted umanimeus~y to do so. This particular meeting was adjourned and the Selectmen returned to their own office to procee~ with the agenda. RECREATIONAL COUNCIL The Recreationul Council met with the Board as arranged, and Mr. Finmeran explaizmd to the Council the results of a meeting with the Brooks School Officials on the proposed ice skating rink. Mr. Finneran explained the operating expenses of the rink would be 6,000 dollars a year and that this rink would be made available to the townspeople at certain hours for $1,000 per year. He suggested a skating~ club be formed. He mentioned the tentative hours for the townspeople; Six to eight P.M. Monday through Friday. Except Wednesday. Six to 7:30 P.M. om Saturday. Recreational Council to take supervision of town use. Police cost to he considered in conjunction with maintenance cost for article to be submitted at next special town meeting. Chairman Finck thanked the members for coming and referred them .to Mr. Finnerau for future proceedure. BUILDING CODE Hr. Nicetta appeared before the Board to state that the new building code would be ready by October 1st. Chairman Finck asked Mr. ~icetta if He would review the zoning by-lew aa it applies to Mr. Schruander's property on Chickering Road. Mr. Nicetta stated he would advise the board on the matter by next Monday evening. SCHOOL BONDS Town Treasurer James J. Maker appeared before the Board to request approval of school bonds amounting to $440,000 for the new elementary school building. The Board voted unanimons approval of the bond issue. M.~. Dyer met with the Board for a discussion on surplus property. Hr. Dyer produced a quarterly list of surplus properties, but stated two inventories a year are necess- ary on all items. Small items like shovels and ladders are difficult to keep inventories on. Mr. Dyer stated he is willing to match funds ~n all easily id~ut- ified items, but could not be responsible for smaller, easily lost articles. · AUXILIARY POLICE Hr. Dyer stated he was concerned with the duties 'of the au~iliary police force in conjunction with the Police Department: He mentioned se~aral incidents ef misunderstanding that he felt were sArious enough for ~he police to get together with the' Selectmen and Civil Defense to straighten out. The Board set a meeting for this p~ ose to be held next Monday evening, Sept. 23, at 9:15 o'clock. HOUSING UNITS FOR OLD~AGED Mr. Sutcliffe stated that no application for housing units had as yet by the local Housing Authority. Hr. Finmeran stated he had talked to Mr. Nurp~ recently about progress made to date. VIOLATION A report that the Farrell property on Boxford Street is being used as a duSp and used car nuisance was referred to the Building Inspector and Board of Health. The Board advised that Chief McKee be alerted to the parking of cars on Tolland Rd. and that he bring recommendations on parking controls to the next Board meeting. SIDEWALK REPAIR Vt was agreed that when Mr. Riley started work on Second Street he should be reminded to repair Mr. Easpar Kaspariau, s sidewslk on Middlesex Street. POLICE LIST The Board requested a letter be' sent to the Division of Civil Service for a list of all available men for appointment to reserves. ~ETING The Board agreed to meet on Wednesda~ afternoon at 3:00 P.M. with Atty. Willta, rep- resenting North Main St. residents, and representatives of the Boston & Maine Railroad. SPECIAL TOWN MEETING The Board of Selectmen opened the warrant for the next special town meeting to be held in the Bradstreet School Auditorium on October 7, 19~? at 8:00 P.M. The articles before them were voted to be include~, and it was decided that the Warrant would be closed on Wednesday, at 3:1~ P.M. CIVIL DEFENSE Mr.. Dyer rejoined the Board to request, that some recompense for the Director of Civil Defense be considered in the future. He stated that he felt there was considerable work in the dgpartment and that some salary should be considered for the Director.