HomeMy WebLinkAbout1977-12-05 Board of Selectmen Minutes December 5 1957 (continued)
Solid Waste Resolution:
Representative from IDFA and NES~attended the meeting to discuss the
financing of the Resource Recovery Facility. The IDFA stated that.they
had already approved the financing. After further discussion the following
resolution was unanimously approved:
~EREAS, the. North Andover Industrial Development Financing Authority
has been duly created by Chapter 40D of the General Laws and, pursuant to
the vote adopted under Articles 43 and 44 of the Warrant for the Special
To~nMeeting held April 23, 1977, was authorized to organize and transact
business with power to finance solid waste disposal projects; and,
~EREAS, the North Andover Industrial Develpment Financing Authority
has advised that in accordance with the Proposed project to contruct a
resource recovery system in North Andover, financing is required for that
portion consisting of solid waste disposal facilities, to the extent of
$108,000,000 by means of Revenue Bonds of the Town to 'be issued pursuant
to D.L. Chapter 40D; and,
W~EREAS, said resource recovery system as presently contemplated consis~
generally of the following, to wit, (1) the acquisition by the Town of
North Andover, acting by and throughits Industrial Flnancing Authority,
fromThe Coe~nonw~altb of Massachusetts or other sources of along term
leasehold or equivalent interes
"Site") located ' A t i~ approximately 38.5 acres o
_. north of Hvlt ~Ro-~ ..... ~ .... f land (the
one ~estern Electric No-~ ~___[-~_~_~z ~zarx.~treet and adjacent to
..... · ,~uv.~ ~ecz~yw~th the possible addition of
another 11.6 acres west of Clark Street, (~) the construction on
~f facili~ies (the "Solid ~aste D~o~^--~ ~ ....... ,~ . the Si~e
~ng of. solid waste to be cOllec _ s ~ ~u~table for process-
,evera =nicipalities situa. t 5 o .of Andover and in the
,, --~ ~ene~azzy zn the vzcin~ty and facilities
(the .Electric Generating Facilities ) suitable for generating approximate
80 megawatts of electricity. The Solid Waste Disposal Facilities will con-
sist of a weighing station, an enclosed area in which solid waste will be
deposited from refuse Collection vehicles into a storage Piti .refuse fired.f
combustion units, steam generating equipment,
recyclable material recovery
equipment, condensing equipment, air pollution control equipment, a stock,
access roads, cranes,'pipes, wires and other accessory and incidental
equipment. The receiving and processing building will be constructed of
structural steel frame with metal siding and concrete floors, pits and
machinery foundationsand will housethe processing equipment, the cranes
f°rmaterial handling,"~he control room and erson .
Solid Waste Disnosa ~.~.~__ .~... P nel facilities. The
. 1 .... ---... wzz.~ nave a capacity to process approximate,
ly 3000 tons of solid waste per day. After recovery of valuable, materials,
the residue will be removed from the-Site and deposited in an area s~eCifi.
cally designated for the purpose. The steam resulting from the combustion
process will be'Used to generate electricit 'in the ·
Facilities which Will eonsi . Y Electric Ce~eratin
frame ..... · s. of a building constructed of structural ~teel
, me,az sxeing an~ concrete floors and machinery foundations which will
house a steam generatin~.turbine includin i es w
accessory and incidental equipment; and,g p p ' ires, switches and
· WHEREAS, the estimated cost of the entire resource recovery project here-
inbefore described, is $135,000,000;. and,
WHEP. EAS, the financing of that portion of the aid
the Solid Was .... ~ ~__.,. .... P project consistin of
Ce Dise.o.. ~uc~z~czes co the g
revenue bonds of the Town ~ ~ - ..... ~ . ext~nt of $108,000,000 with
~- ~- ~ue~ unaer the provisions of Chapter 40D
of Massachusetts General Laws with the balance of the necessary funds to
come from other sources appears feasible; and,
WHEREAS, this Board desires to provide inducement for all parties con-
cerned with the project to proceed
That the Board o£ Selectmen as the governing board
(as defined in Chapcer 40D of the Massachusetts General
Laws) of the To~no£ North Andover hereby approves the
resource recovery project described in the reciCals
hereto including the portion thereof consisting of~e
solid waste disposal facilities, the estimated cost
thereof and the financing of the said portion of the
~aid project by revenue bonds issued pursuant to said
Chapter 40D not exceeding $108,000,000 in principal-
Roll call vote, as follows:
Joseph A. ~uthrie, yes.
John F. Coady, yes.
Thomas J. McEvoy,
Alice M. Le~arte,
),es. q '[
DECEMBER 5, 1977 (continued)
JoEY,s:
Chief Lawlor stated that the customers of Joey's were not residents of North Andover...that
many of the,.out-of-town customers were involved in Court cases. There was no evidence of the
establishment operating as a Restaurant...it was Just a booze Joint. He stated he had talked
to Joseph Clowers, Manager of Joey's, warning him of the many complaints and told him that he
would be applying for renewal of his license and that many infractions of his patrons had
brought to court. There was no evidence of any food being served at Joey's, a requirment of
a Restaurant, Common Victualer license. Selectman Guthrie cemented that the Board had gone
doxe~ to Joey's after a meeting and had found no evidence of food being served.
Attorney Michael Gorham,260 Haverhill St., Lawrence, Mass, representing Joey's, stated that
Chief's statements alluding to series of infractions at Joey's were not. uncommon incidents of
other restaurants. Selectman Coady stated that this hearing does not involve the status of any
other restaurant...hearing concerns Joey's, only. Atty. Gorham stated he. only was seeking a
comparison of Joey's and other restaurant. Chief Lawlor stated that the situation at Joey's
appeared to be getting worse...that there would be a decrease in crime .if restaurant was clos.
Atty. Gorham~asked Chief if he was referring to nightly occurances. Chief Lawlor said thao
most of the trouble occurred on weekends. Atty. Gorham stated that Clowers had hired two
policeman to keep order. Chief Lawlor stated that the two policemen and the former "bouncers
Clowers hired could not control the customers at Joey's, that 90% of the customers are from
out of town. Gorham asked about police officers Clowers hired. Chief stated that Clowers had
them every weekend and he has had no complaints from Clowers about the policemen he has hired.
Gorham stated that it was not Clowers fault that customers have altercations with' police
officers. Chief.said that Joey's was an; establishment that draws that type of customers.
Dr. Kay. ~tated that Clowers has not installed the required septic tank on the restaurant
premises...had to be installed by Sept. 1. Clowers stated that it would be installed withir~
three weeks. Board of Health ~ seeka a closure of the establishment within ~the next 24 hrs
He also stated Clowers has not been serving food. He does not have a sanitary situation and
he has not cooperated with the Board of Health. Clowers replied that the plans Gelinas drew
up for a new septic tank were too' expensive and the Board of Heslth gave him until December 1
to draw up new plans. The new plans would not be adequate so he, Clowers, has to go with
plans. Dr. Nay stated that Clowers Was supposed to submit a new set of plans to the Bal. of
Health by December 1, but he has not done so.
Clowers stated re the incidents at his establishment, that a lot of them were with the police
officers. That his customers give the police officers a hard time and aggravate them a lot.
Atty. Gorham stated that Clowers suffers from teenage problem drinking law and the caliber of
his customers is rough but there has been a general improvement. Bands have their own follow-
ing and follow the bands at Joey's. The cycle gang, present 18 months ago, no longer patron-
ize the place. There will be an attempt to keep peace with police officers, and to prevent
disturbances. Gotham could not comment on Board of Health problem but objects to branding
establishment as a public nuisance. He suggests admonishment would be better thn~ a
of license as Clowers cannot afford to close. He, Gorham, did not have sufficient time to
prepare.~defense~of ~charges. Selectman Guthrie stated notice was hand delivered in the proper
time. Mr. Guthrie wanted to know the hours kept by Joey's. Clowers replied, 7 p.m. to 1 A.M.
five nights a week, Wednesday through Sunday. Selectman Coady asked what food was served.
Reply was hot dogs, popcorn, etc. Selectman Guthrie stated that no food was served and ex-
pected ~.~ license holders to run an establishment that was consistent with the Town
Andover. Selectman McEvoy made a motion to take the matter under advisement. Motion seconded
by Selectman Coady.
N~A. TAXI CO. LICENSE: HE~ING:
Edward Bardsley, propri-~'~er of N. A. Tsxi 'Co. and his Attorney, Domenic Scalise, 316 Essex St.
Lawrence, were present at a hearing as to whether Bardsley taxi license should be suspended or
not. Chief Lawlor stated he recomm-~ed suspension of license because of traffic violations
of the drivers. He stated also that the cab company had been prohibited from taking fares at
Brooks School, or going on Brook's School property. Atty. Scalise asked Bardsley if he had
had a contract with Brook's School. Bardsley stated that he has only owned the cab company 6
months end did::nct have a contract with Brook's School. .~calise stated that, as there was no
contract, no violation existed. Selectman Guthrie stated that he had had au informal
with Bardsley, his wife and Mr. Dinsmore. Traffic violations were ~1 mechanical violations.
Boalise asked what were the problems with the police...the operators and their records and who
is at fault? Chief Lawlor stated the violations pertained to the operators of the taxi cabs ·
and their operation, 6nc of which is Bardsley. Guthrie asked that wasn't it a fact that one
of your drivers and yourself was stopped~for traffic violations? Bardoley stated that he'was
stopped because one of his high beams was out and he received a citation, not a warning to
it fixed, for it. He also received a ticket because he had one bald tire in front. Another
time he was stopped for overloading a van and had no registration in his possession at that
time, cited and fined for it. The one other time he was stopped for speeding. Dismissed
without a finding. When asked how many cabs, he replied, 'Three." Bardsley stated that he
has not had any accidents, that his license has never been revoked. When he purchased two
cabs a~ 1 Van they were in poor condition. He supplied new tires, batteries and vehicles
were in presentable condition now. He has taxi plates on cars and regular plate on Van which
was registered for tra__~.~per~ing people. Bardsley was asked that when he hired people did he
check into driver's past? Bardsley stated he had to know indtvl~,~l persom-lly. Selectman
Coady asked if he transported, for hire, anything other than people? Rerdsley stated that he
sometimes delivered for Bone]~ i and groceries for the elderly. When asked, he stated that no
driver has been arrested while on duty. Selectman Guthrie asked if Bardsley felt that he was
performing in a manner that would not be the concern of the Board? Scalise stated that Bards-
ley and one other driver performs real service to town, only cab company in town, only charges
$1.00 to the Elderly who uses his cab continuously. He cannot see any 'reason for revocation
of license...that it would be a very, grave hardship to Bardsley. Bardsley remarked that
Plaza Cab is interested in purchasing cab company but will not negotiate until this matter is