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HomeMy WebLinkAbout1958-03-31l~rch ~l~ 1~8 - cont~ued - NEETIN~: SD~FACE WATER DP~INAGE Mr. W. W. Broughton, Attorney Walter C.Toml~nson, Contractor; Ga'spar A. Titone, Highway Surveyor Ira D. Carry, ~g~eer; BaJ. ph Brassenr, representatives of New England Power Company; Mr. Richard W. Allen, Mr. Henry Hutchinson and Mr. Henry My were presen~ at a meeting scheduled for the purpose of discussing surface water conditions in the vicinity of Mr. Broughton's residence at 5~. Appleton Street, North Andover. /2m _ir~an Finck explained to those present that at a previous meeting with the board Mr. Broughtom had voiced, his contention that due to the erection of a pole and power lines near his home by the New England Power Company, a culver~ which ordinarily took care of surface water drainage had Been blocked' by debris, and was now rendered use- less. That the present accumulation of water had caused considerable damage to his cellar and septic tanks. Atty. Walter ~. Tomlinson, counsel for Mr. Broughton repeated the situation known to all present and further stated that M~. Bro~ghton was aware of the existance of twn drains in the area previous to work done by the New England Power Company. Mr. Broughton then described the drains which he said appeared to be built of granite blocks, two on each side, one on top and approx- imately fifteen to twenty inches deep. Atty. Tcmlinson stated the power company. was alerted to the situation and pumped out Mr. ~roughton's cellar. Two weeks later the company was again, contacted but they then disclaimed any responsibility for the sitmation. Atty. Tomlinson told the board that in his opinion the New England Power Company is responsible for the present water condition and that, the Board of Selectmen has the right to revoke or amend the permit granted the company to erect the utility pole. He added that~the situation will Become more seriOUS unless the power compan~ make correction as soon as possible. He further, stated it was an engineering mistake to erect the pole on that', side of the street and the mistake should he corrected at once. Mr. Carry informed the Board that to hiS' knowledge this condition never existed before the pow~H: company went to work in the area and that the situation must Be their repponsiBility. Atty. Finck asked Mr. . Hutchinson for his opinion on the matter and was %old that the land had been very care~y surveyed previous to their work in~jthe area and that no drains were observed. Blue prints were sho~ to the beard and it was pointed out that if drains did exist they would a~on :in their survey, l~r. ~ut~t'e~' on ,the ?,lens as that was an important conside~ cau~son mon~lomed that subsequent to Mr. ,Bronghton.s repor~ o~,the matter~ a crew of men, were',sent to_~the area and dug down for some distance, but found no evidence of drains. On the ~asis of. all information we,have on 'the matter, it is .felt,'.t~t the. New England Power Company is no~ responsible for the present situation;, Caairman Finck then asked Hr. ALlen how he accounted for the situation. Mr.~Allen answered that the' company feels these conditions have existed Before and mentioned.,an eighteen inch wnter table in ~his area~ during the dry season. When questioned by Atty. Tomlinsoh on the matter of seepage unde~ . the road Bed, Mr. Hutchinson answered there mas slight water seepage on the opposite ' side, of,the road but it effected no change in mater level on the Broughton, side. Atty~Finck asked Ralph RrasSeur, engineer, his opinion on, the situat[om. Mr. Brassenr said,,he had never heard of a drain through that area. That:large rocks under the road:bed would take care of gradual.drainage. ,However, that years of accumulated fill has no doubt plugged, this typ, e of;drainage., He a~ded.that he found no indication of any~culvert existing in ,the area., Mr.:Rras~eur further stated that a pond formerly ~existed in the area~ of these ,'lots of land. but it had been somewhat replaced by the additien-of fi].ll Mr. Rrasseur displayed plans showing the water levels in the area of the Broughten~.residence. Chairman Finch asked Mr. Rrassenr if he felt the towa through neglect was responsible for damage, to Mr. Bronghton..Mr. Brasseur answered that,he did nct-feel,,,,the town was responsible. Mr. Gaspar Titone statedhe felt the situation could be remedied at not too great an ~ons¢~. Chairman Finck suggested the mattex~be postponed for further investigation. He added that perhaps the problem could Be alleviated if. the particular pole in' question was removed. Mr. Allen stated his ccmpanymay be willing, to consider moving the pole and any earth or debris they maybe responsible for. It.was Atty. Tomlinson.s feelings that if the power company removed whatever they put there he and his client would he satisfied. Mr: Rrenghton stated his only. concern would be that the drain be restored. Chairman Finck thanked all present for appearing at this meetiug and asked ~he representatives of New England Power Company for'their decision on the matter by next Monday eve~. m~ILROkD G~SSING Mr. Cushing of Narblehead Street appeared before the board to inquire ~f the Narblehead St. Railroad C~oss/~lg had ~ been made a public way. Cha~_~m~l Finck stated there was no record of the crossing being declared a public way. The Board directed the D.P.U. be petitioned to have the Narhlehead Street cross/rig and all other crossings in the town declared a public way. March 31, 1~5§ - continued JCHNSON HIGH SCHOOL ~r..Cushing, Custodian of the North Andover High School, speaking in behalf of ~r. bT~n~.ler, Superzu%endant of Public Schoolsj. requested permission of the board to take chemistry tables free the old Johnson High School Building and received the approval of the board who added that Yin. Chandler take anything else that could be used by %ne school department. STREET LIGHTING The board voted to adopt recommendations by the ~errimack-Essex Electric Co§~any for improved street lighting in the vicinity of Dawson's Market, Water Street.ar~lr. ~a~c~ai~efa6~ol~dt~eatsmrvey be made for improved street lighting in the vicinity of 65 Third Street. The board voted unanimously on the matter. BOARD ~ ~PPEALS The board received a letter free Atty Donald Smith of the Zoning Board of Appeals requesting matters be initially referred to the Building Inspector before the Board of Appeals. The board voted to refer the letter to Mr. Lawlor, Building Inspector. PUBLIC WORKS Mr. Finck read a letter from the Board of Public Works relative to conditions of the Cummings' property at 216 Stevens Street and reporting the matter had been referred to the contractor and that the condition would be corrected as soon as possible. NORTH PARISH CHUR~ FAIR A letter free Hrs. Norman Flanders, Salem Street, requested the boards permission to ~ope Great Pond Road from Stevens Street to the Center for the North Parish Annual Fair to be held on June 7, 1958. The board directed the Police and Highway Depart- ment be contacted for their recom~endatien in regard to this request. POLI CE DEPARTN~NT The board voted unanimously that any police officer~ or Reserve coming before the Selectmen on any matters may do so only if the Police Chief is also present. LANTERN CORPORATI~ The board directed that Mr. 'Mattheson and Mr. Marine of the Lantern Corporation be directed to meet with the board next Monday'at 8:4~ P.M. to discuss surface .water conditions off Dale Street. The Chairman of the Planning Board ~s also invited to attend. BUREAU OF ACCOUNTS The board voted unan~.mously to send Mr. Dine a letter requesting that he cite his authority for his ruling regarding police officers not being paid from the Reserve Officers Salary Appropriation when doing the work of a Reserve when a reserve officer is not a~ilable · HIGHWAY DEPARtmeNT It was voted by the board that Hr. Carry, Highway Surveyor could awo-~d contract for work on.Riverview Street repairs to A. A. Concrete if desired, for the ~ery nature of .the e~ergency. ELECTRICAL REPAIRS The board voted approval of electrical work in the Wa~er Neter room of the Town Bldg. and improved lighting in the Town Shed. APPOINTNENTS · The following annual appointments were made by the Board of Selectmen on this date: Joh~ J. Conners - Mo~h Sup"t Edward C. Bulger - Animal Inspector John J. Thompson - Wiring Inspector Patrick C Cronin - Board of Registrars Robert J. Burke - Zoning Board of Appeals Johu-W. Hegarty - Personnel Board. Roland C. Kerb - Personnel Board Dewey A. Dyer -: Director of Civil Defense Edward J. Ellsey -"Public Weigher Domemic Reitano - Public Weigher Albert E. Houle - Public Weigher Robert Hebb - Public Weigher John M. Barrell - Fence Viewer Patrick Driscoll- 54 Lincoln Street- Fence Viewer John Wilcom - Fence Viewer James J. Maker - Custodian Tax Title Prop James J. Maker- Auctioneer . Alfred H. ~cKee - Keeper of the Lock-u~ Ber~ Bingham - Veterans Agnet Bernard Bingham - Bu~ Agmnt John C. Farnham - Sur. Wood,Bark, Lumber John Fenton- Spec. Civil Constable Domenic J. Bonanno - Sealer of Wts.& Meas. Paul J. Greeley - A~.vport Liaison Officer Joseph T. Noene - Towa Bldg. Janitor Lillian McDonald - Selectmem's Secretary Albert johnson - Fence Viewer Special Police OFficers: Roland Ambie~l, Arthur Awley, LLoyd Bauchman, Jr., Lloyd Rauchman, ~r., Otto Bishop, Deeenic Bonanno, Stanley J. ButurLia, Russell Chamberlain, Roland Chartien, Fred G~ristie, Walter Corcoran, John Dolan, Augustine Donovan, Francis Down, Robert Finneran, Domenic Giarusso, Archie Gourley, Malcolm Hamilton, Walter Ramiltmu Frank Howard, John Hanson, Edward Johnson, Frank Lee, James Lustenberger, Edward Manning James McCabe, WilLiam McEvoy, Raymond Ninardi, Philip Nidgeley, Sylvester Nurphy, March 31, 19%8 - continued Special Police Officers: Alexander Ness, Edward Phelan, David Rand, Fred Salois, Albert SchoZteld, JoSeph Senia, John Slipkowski, Thomas Sped~, RoBert Stewart, Walter Stamp, Carl Thrums, Edward Towne, James Thomson, John J. Wilcox, Charles Z~,!3] · AIEPC~T C~$ESSI ON The beard voted unanimously that a meeting be held next Monday evening to wkich the Airport Co~,.~ssion, Mgr., and North Andover Liaison ~fficer to the Airport be invited to attend for the purpose of discussing ~ ~d takings in the airport area. Y.t was axknowledged that no official ~*ormation had y~t been received by the town in regard to this matter. JOBNSON HIGH SCHOOL The board voted to advertise for bids on the demolition of the Johnson High School Building and Mr. Finck stated he would draw up specifications for the Job by Wed. of this week April 7, 1958 The' Board of Selectmen met on this date with a~.l members present and signed the weekly warrant for bills payable and payrolls which was unanimously approved in the presence of Town Treasurer James J. Naker. ~'~E' D~PARTMENT Chief James P. Daw requested the Selectmen~s approval of a request for transfer from the Reserve Fund to defray the cost of repaiz~E the fire alarm system which was badly damage~ during the two late winter storms. The Board approved the request and suggested the Selectmen forward the transfer request with a recommendation that the transfer be approver as the expenditure was certainly unforseen. GASOLINE STORAGE An application for underground storage ~f 2,0OO g-~ons of gasoline by Richard L. Eieder, Cyr Oil Company, was set dawa for public hearing on April 21, 1958 at 7:~0 P.M.. ROUTE 110 RELOCATION In answer to the Selectmen's request for a hear~-~ relative to imformati~n on the exact relocation of Route 110, The D~partment of Pablic Works r~"$!~ t~at ~ additio~l i~*ormation to that given in November 1957 was ava~nble at present. Commissioner DiNatale stated however that the Selectmen could meet with him on the matter if desired on April 7, 1958 at 11:00 A.M. The Selectmen ¢~ed off this meeting until such ~ime as more exac~ information was available. The. board received a letter from County Engineer John O1 Narmaala requesting the board to notify them t~e ~e of Town Counsel o~ approve the appointma, t of Atty. Earolitz, Counsel for the County. Mr. F~eran motioned Atty Vincent Curcio be appointed Town Counsel in the matter of 1-~d damage suits for land taking by the c~unty on Dale Street. Mr. Sutcliffe motioned, the matter be considered later in the meeting. The matter was reconsidered later on ~d Mr. Ftnck motioned Harold Morley, Jr. Be appointed to represent the towa in this matter. Mr. ~eran stated his earlier motion stili stands. Mr. Sut~*fe seconded Mr.. Fincks motion and there was a unanimous ~te. V.F.W. Post 2104 Mr. James Mattin representing Post 2104 requested the Selectmen's permission to conduct a Poppy Drive Nay 23, 1958 and Nay 24. Mr. F~eram motioned permission be granted, seconded by Mr. Sutc. l~fe and there was a ,m"~tmons vote. W m.~ROUGHTON COMPLAINT Mr. Bronghton was told by the Select~en that the Electric Company had ~at~ engineers at work in the area to determine the feasibility of movin$ the pole and that the meeting would be held next week as notified. Atty. Tom~tnson, counsel for Mr. Brough*mn introd~ced Mr. CAe~and Mr. Nars~-11, engineers hired by Mr.~roughton to investigate the surface ~ater condition surrounding Mr. Rrougbton's property. The engineers showed the board their ~rttten report with plans of the area. A~ty. Finck stated since the Power Company was not represented at this meeting he did not feel the board should view or discuss the report. A%t~. Tom~on requested a witness from out of town be heard on the matter. Mr. Nattheson ~it~ to appear before the board om another matter was asked by Atty. Tomlinson to speak to the board. Mr. Nattheson stated he was not a witness, but stated however, that the culvert did exist, and that f~l~ wns added to the pond before Mr. Rrougbtons house was buil~. Atty Tom~-son asked Mr. Nattheson if water flowed freely previous to the closingof the culvert. Mr. Natthesou answered that perhaps not freely but certainly the water was kept at a lowmr level than presently. Mr. Broughton stated Mr. Nattheson had sold him the land and t~,tlt his house. Mr. Finck stated the engineers report would be taken under consideration and that the Power Company would be represented at next Monday meeting.