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HomeMy WebLinkAbout1982-04-12 Board of Selectmen Minutes APRIL 5 1982 (continued) URBAN SYSTEMS PROJECT: James D'Angelo brought before a new concept modified as a result of the last heading'on traffic improvements of Waverly.Rd. and Main St. and the intersec- tion.of Main and Sutton Street.. The new design must be approved by the ment. '~.If~approved by the Board he will submit it to the 'government for approval. He stated that Frank Cashman of Cashman's Service Station had agreed to changes at his station .... changes will be paid for by the State i.e. relocation of island and pumps. On the Main and Waverly Rd.,~one parking space%has to go. It was voted to notify abutters and place on Agenda for next week.,~ VICTIM RIGHTS WEEK: Letter received from District Attorney Kevin M. Burke designating the week of April 18-24 as Victim Rights Week. It was voted t6 accept and approve the proclamation. .qF DI S WAL RIC LeaVe, from Program D~rector of the March of Dimes requested approval to hold WalkAmerlca throughout the Town on Sunday, April 25th.. It was an unanimous vo~'~t~ grant approval and to notify the Police Dept. ~f the scheduled route. NORTH'ARTS COUNCIL: T~rth Andover Arts Council submitted an article 'for the Town Meeting to match funds given by~the State. However, it was voted to notify Mr. Brian~and Mrt' ~lrr that it was 't~oilate to include an article in the warrant for this Tow~,,Meeting. GOOD FRIDAY: It wasvvoted unanimously to close the Town Buildinga_~_-~:00 Noon on April 9th Good 'Friday. Alice'.M. Letarte, Secretary *******************-----**** APRIL '~';~ 1982 The Board'6f Selectmen held their ~e~ular meeting on this date with all member~ presept,.S, electman Charles A. Salsibury, John W. Graham, Ralph Lo~is]~iF~uscio with Chairman Thomas J. McEvoy presiding. The minutes and warrant were approved as submitted, Selectman Graham and Salisbury abstaining. ~he~Boa=dMo~vS91ectmen unanimously appointed William V. Dolan, 28 Turnpike St. Fire!Chief for the North Andover Fire Department.' Mr. Dolan was the only fire man,?to'pass the, Fire Chief exam. Chairman McEvoy highly commended the former ActingFire Chief, Dennis. Currier, stating that he had done a wonderful Jo~ fore,the, Fire Dept. and the Town ~or the duration of his service as Acting Fire Chief. The Board concurred with him. Selectman Graham congratulated Bill and advised him, although he had been active in the fireman's union when he a fireman, he must remember that he is on the other sid~ of the fence no~,His appointment becomes effective April 17, 1982. OLD~C0}9~0N PABKING: Letter received from Police Chief Donnelly requested that the Board. consider the, installation of "No Parking" signs surrounding part of the Old Center Comm6~':from Mass. Ave. andOsgood Str6et around to Mass Avenue and Andover St. He .advisedthat the people residing in the area of the 01d Common have com~! plained ,ab66t the parkers that frequent that particular area with the result- antdebris'acoumulation. With the good weather approaching, he thought this would':,be a good time to make plans to remedy this problem. He suggested the signs read either "No parking from 6 B.M. to 6 A.M." or "No Parking from dusk to. dawn.~' The signs should be effective for all seasons of the year except for specialevents held on the Common such as 4th of July activities, conoerts~ Boy and girl scout~events, etc. He intends also to detail a police officer on foot in that area during the summer months to help out the cause. It was an unanimous.vote for "No Parking from 6 P.M. to 6 A.M. around the Old Oenter Common. from Mass. Avenue and Osgood Street around to Mass.Avenue and Andover sS t~ee~exce~efora~ecih~-~ents~,dTheu~r~ff~c by~aws will have to be amend. ed~ ' ' ' APRIL 12, 1982 (continued) S~T~ ET LIGHTS: " Brian brought up the request of a Putnam Street resident concerning a light that is scheduled to be removed. The resident requested that the street light be moved up one pole and not removed. The Selectmen agreed to view the light in question on Putnam Street and make a decision at the next Selectmenfs meeting. NEXT MEETING: As the next me'ting falls on a holiday, Patriot's Day, the question of when the next meeting will be came up. Chairman McEvoy stated that he ~uld not call a meeting unless something important Came up...that he would let the office know before Friday. i:. LICENSING COHHISSIONERS: 40aX STAtUUNT INC.: The Board considered releasing the Restaurant, All Alcoholic license to Aquartum Restaurant IXj Joseph Lopezj Manager. Received were letters from the Board of Health and the Building Inspector. Approval also re- ceived from the'ABC. The Board of Health voted to allow them to re-open the restaurant formerly owned by J.J. Boyle and gave them per~ssion to have their septic tank pu~ed as required for a period of.six months. Weekly reports of pumping by one of the Boardof'Realth's licensedpU~&rs and reports from the Sanitary District Disposal Plant must be submitted to the-Board of Health. In the interim, plans are being developed fora new system which is to be installed and completed within the time period of six months. Letter from the Building Inspector stated that they had' complied with all his Spedifications and recommended that they be allowed to open for business. It was an unanimous vote to release the license ' for use. :: TAXI FARE COMPLAINT:. A letter receiv~d, from. Cerald J. Bligh, 54 Fernvtew Ave., North Andover, contained a complaint, on a cab fare charged to her daughter by a~ cab listed as the North Andover Taxi Co. at 12 Hampstead'Street, Lawren~e~ Mass. The cab driver charged her daughter $5.00 to drive her from Heritage Green apartments to the Bixby Bldg. on Rt. 114; a distance~of. -about 3/4'mile. This charge was much higher 'than the fees we have. bn record turned in bycEdward Provissia who charges $I.50nperalmJl~ i~$e f~om the point of pick up, and Joseph Whitmore, a charge of $2.00 per mil~,'with lesser fees for Senion Citizens. It was brought out. that Henry Bennett. is still advertising as. the North Andover Taxi Co., operating out of.:~Lawr~nce charging residents of North Andover for mileage from Lawrence. ':Bennett, was denied a taxi license to be used at the Airport. in 1979. It was.voted to publicize in the Tribune the cabs licensed in North Andover and' the'fees they submitted. Whitmore will be contacted to ask if he is going to: renew his license or not. MCDONALDrS LICENSE: Attorney Clifford Elias and At=orney Harcia Brockleman appeared b~fore.the Board to advise the Board that they had met and negotiated on items brought up by the Brookside Homeownersf Association, Inc. Attorney Elias said the items they could not agree on would be presented to the Board for-.determin- ation. Attorney Elias went on to say that, at the last meeting the.license was discussed~=Maroho22~ 1982, the Board [ad voted, 4. to 1., an"inten~to issue to McDonald's Corporation a common victual~=~s license at the.~site co Chickering Rd~t the corner of Walker. Rd. with certain conditions. He stated that HcDonald~s were willing to accept the conditions tot. be .im~ posed by the Selectmen and would like them to"grant"the license subject the conditions inap~ac~ of the former vote, "an intent to grant a license." The "intent to grant" vote did not conform with MassloGe~eral Laws,.Chap. l~0, Section 6. Atty. Elias gave the Selectman a copy of Section. 6, re'. the granting of Common Victuallers~ amd ~n~3olders~ licenses in advance of equipping premises. Previous to the meeting~ At~y Elias had sent a Memorandum No. 2 containing terms and conditions he had drawn up after' consulting Atty. Brockleman. Atty. Brockleman also had list of conditions that she did not present to the Board Or Atty. Elias until the mee~ing~ APRIL 12, 1982 (continued) 371 McDONALD"S (continued) K t~o ~nd 1/2 hour discussion followed. The Board discussed each item on' Memorandum No. 2 submitted by Atty. Elias. During the discussion, Selectman Graham con~ented that at the last meeting, March 22, he had made his position clear' that if he was in favor of the license he would not subject anyom to submit.., to16 conditions, that his basic reason for opposing the license was that it will be very difficult to correct traffic conditions...he is not against McDonald's restaurant but, in his opinion, it was not the right lo- cation for the restaurant, that something was inherently wrong to have to impose all these conditions. Selectman Joyoe stated that if the DPW will no! i go alon~with the installation of traffic signals or safety improvements he will reconsider h/s vote. Atty. Brockleman advised the Board during.the discussion that/~ instituted ~wo actions, 1) Asking the Building Inspector 't~.~0ke the building permit he issued to McDonald's' for construction of their restaurant. She alleged that the site does not comply with the zoning ~y-~W~.a 15' buffer Zone is required between McDonald's and adjoining bUsines~es. . .. , and'residents. The requirement is fulfilled between the site and Merrimack Valley Motor Inn but there is not enough land on the Walker Rd. side which contain residents. If the Building Inspector does not revoked permit; she w~l file suit in the Superior Court. 2) She filed suit in Land Court against the Town of'North Andover and. Scott Follonsbee charging that ~heM~O' on~ld's 'site was illegally "spot zoned" for General Business in 1956. (Lupd,'s Florist occupied the area then). Brockleman went on to say that she too~.=hesl steps to try to overcome the Board's vote on the McDonald license. Shp:~kSked the Selectmen to reconsider their vote or to postpone action on the license until litigation is over,, that the Selectmen were not discreet in th~[~,,..;]udgement.. . Seiectman Salisbury answered 5y %dying that No. 1, the' Selectmen have nothing to do in the matter of Town zoning. No. 2. He did not app~ecia~e being threatefied at the same meeting the Selectmen are requested to negotiate. Attorney Elias said the suitsw~e not deleg~ted"~o be con~ sideredb~fore the Board at'this time and aS he was advised only ~::oday h~ h~d'~6'ico~nent. It was motioned and'seconded to &-rant McD0nafd's a Com,~n ~%ctualer license according to Mass. Gen. Laws, Chap. 1~9, Sec. 6 upon con- ditons and amendments notedon Memorandum 2., condition No. ~ t0 be tabled until"'B~ian Sulliean contacts and meets with representatives of the State' D.P~..'requesting traffic safety improvements. (McDonald's has agKeed to pay k~'~l traffic installations) ·.. - Vote. 4-1. The conditions voted on Memorandum No..2 are as follows: 1~' ~hat on all sides of the restaurant site, with the exception..of the .~ Chickering Rd. side,, a six-foot stocka~e;type fence will be constructed except that on the Walker Road side, in order to avoid a traffic blind spst, .... the stockade fence on the Walker~oad sid&'of the lot will stop approx- imately 20 ft north of the location marked "new D,M:H. #1" as .shown on the'Site Plan 'dated December 16, 1981 and filed with the Board. In that area, the stockade fence will be replaced by a split rail ~ype fence. 2. That the curb cuts on Chi~kering Road and the corner at Walker ~oad will be as approved.by the Mass. Department of Public Works. 3; _~hat McDonald's provide adequate trash containerson the site and a daily litter pickup within 300 yards of the premises in all directions, including the high school grounds and the adjacent brook, provided per- ~uLssion is given to McDonald's by the property owners to enter on their grounds. 4. That a private duty police officer or security guard be on duty at the site at all times when the high school is in session, between the hours of 2:00 p.m. and 4:00 p.m. and from 5:00 p.m. to closing any night that does~ does not precede a school day; that such officer or guard be provided at all othertspecial event times such as an athletic even~-,at the high school which is apt to attract patrons to the restaurant; and that this condition be reviewed by the ~oard of Selectmen at the end of the 6-mon~ period following the opening of the restaurant so that the Board may review the necessity of McDonald's continuing to provide such officer or ~uard. APRIL 12, 1982 (continued) 379~MCDONALD'$(continued) (Memorandum No. 2) That McDonald's pay for the installation and maintenance of a traffic safety signal on Chickerin§ Rd. either immediately in front of the premises or at the intersection of Walker Rd, as and if approvedbY the Mass. Dept. of Public Works. If the Department does not approve such installation, this condition shall be void. The license may be used by McDonald's pending approval or disapproval by the Department. (This condition tabled). 6. That McDonald's erect the building and improve the site in compliance with the Town zoning by-law. 7. That a single 8~ound sign be built near the intersection of Walker Ed. and Chick,ring Rd., as shown'6n the Site Plan submitted by McDonald~'~Jz. be a Ca e Cod or Nantucket type (namely, carved, inlaid. The sign will p .... lettering against a different color background). The sxEn woulu self-illuminated but would be illuminated by exterior lights all other respects the s=gn will be erected in accordance With'~h~.S~n by-law. That a single roof sign consisting of the'word, ~cDonald s,, be....ail°wed' with internal neon-type li~htin§, whi~eeonly. That the roof of the bu~u~ ~ ~na~ b~m~m~o~sneinstalled~ .,w~,~ws,Wtthw°°dra~_~shakes:~ sDpearsn~tha~o~ ~rm~th~- exterior walls be of natural colonl~£Asm~£i pane~ g~ass. · area li htin be steady, stationar~.,and ~ield- That outdoor parking lo= g g . . _ ed so =ha= =he light will shine onto =he parking Ao= area, oles on which =he lights will be positioned be no hi~her '=hun PRd site of =he stockade fence, MuD onald's That on =he Walker . . . . bushes =o enhance =he appearance of =ha= side of =~e si=e; an~ climbing vines be plan=ed along =he Walker Rd. side of =he fence. '~' That business hours be 1~=e8 =o 7:00 a.m. =o 11:00 =h=oush Thursdays aaa =o 7:00 a.a. =o ~8~iSh= o, F=iSays an8 SatUrdaYs. That =he major trash receptacle, courtly'called =he d~scer~?e"en;. closed.' That McDonald's provide materials and la, or a= leas= once eve~y.=h=ee~ months =o pain=out =he graffiti on =he :u~a=by ore,ass. MCDonald's will no~ be obligated ~o do'so fo:. portions of ~he overpass not'reach- able by s:anding workmen. ~-:~. ~' .. 15. Tha= no exterior eating tables be allowed. 16. Tha: deliveries and :rash pickups a: =he pre~ses be li~Ced Co,. open-fo~- business hours; (B~ockleman's No. 2) Thai no entrance °r egress from the prope:=x be allowed onto Walker Rd. for public use; and that the entrance sho~ on Ch, si:eplan.daced, Dece~er 16, 1981, be used only for :be making o~ deliveries, =~ash pickups and for fi:e safe=y purposes, and ~edesigned and c°ns=ruc:ed so :ha= i= is noc'dsable by patrons.~/~- . z / M. Le=ar=e' Secre~a~ ~~Clerk Alice 9. 10. ll. 12. 13. 1~. 17.