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HomeMy WebLinkAbout1982-07-12 Board of Selectmen MinutesJuly 12, 1982. 299 The Board of Selectmen held their regular meeting on this date with all member present; Selectmen Salisbury, Graham, Joyce, Difruscio with Chairman McEvoy presi'ding. The minutes, as amended, and the warrant were approved as submitte JUROR: Josephine Compagnone was drawn for the August 2 Sitting, at Salem. IDFA FINANCING DER-TEX CORP.: George Schrender advised the Board that the IDFA had approved a one million dollar loan to Der-Tex Corporation who basically manufactures shoe components and is moving to a 6 acre site behind the Willows Industrial Park. The Board unanimously approved the financing as requested. CONSERVATION COMMISSION-ACCEPTANCE OF LAND: Letter from the Conservation Commission advised the Board that Lawence J. Cadogan had offered a parcel of land to the Town through the Conservation Comm The parcel of land lies within the watershed area of Lake Cochichewick.' The B~ard unanimously voted to accept the land after a letter from Town Counsel advised that one of the responsibilities of the Conservation Commission under Ch. 40, Sec. 8c, of the General Laws is to receive gifts of real property but titlw shall be conveyed to the Town of North Andover subject to the approval of the Board of Selectmen. RT.114 & CHESTNUT STREET INTERSECTION: Letter received from the DPW, Danvers, Mass. enclosing a lette6 from Dr. Meyer citing the traffic dangers for children going to school and other events who have to cross Rt. ll4 on Chestnut St. Dr. Meyers requested warning signals and removal of the high embankments on Chestnut Street which obstructs vision. District Highway Engineer advised the Board that these requests must be sub- mitted by the Selectmen, that elimination of the high embankments would necess itate land taking by the Town and the installation of the flashing light would depend on the future availability of funds for such projects. It was voted to refer the matter to the Highway Surveyor, Police Chief and'the School De for their recommendations. REYNOLDS PARK PLAYGROUND ET AL: Letter received from Chief Donnelly contained his recommendations on requests made by residents who live in the vicinity of the Reynolds Park playground located at Johnson and Rea Streets. He agreed with the residents that season- al "No Parking" signs should be installed on Johnson and Rea Streets and'a plot of'land located beside the playground be landscaped for a parking area. He also recommended that the same signs be placed on Davis St. by the Carl Thomas playground a'nd on Wentworth & Colgate Drive by the' Chadwick St. play- ground. The Board voted to ask Joe Borgesi for his recommendations on the parking ·space at Reynolds Playground and request Bdd Cyr to install the signs on the above-named streets. DRAINAGE EASEMENT: TheBoard unqnimously approved a petition to the drainage easement through the Mangano's property way.Surveyor stated that it was O.k. County Commissioners for a on Wayne Street, The High- TELEPHONE POLES: A letter was received from Cynthia J. Austin, Manager of Public & Community Relations for the telephone company. The letter listed a schedule of Town projects including pole removals on different streets , etc. This letter was the result of a joint meeting with telephone officials and the Highway Surveyor, and it is believed that the level of cooperation and communication with the telephone company is much improved. Board accepted the letter for the files. AMBULANCE SERVICE CHARGE-NON-RESIDENTS: The matter of charging non-residents a service charge for ambulance service was discussed. Also discussed was whether to charge Town employees who lived out of Town. Selectman Graham stated that the Town Meeting vote was to charg~ all out-of-town residents whether they worked for the Town or not. It was unanimously voted to charge all out-of-town residents the sum of $60.00 for ambulance service whether they worked for the Town or not. PERSONNEL BOARD APPOINTMENT: The Board.voted unanimously the Personnel Board for the stock will be so notified. to appoint Ruth Iannazzo to serve as a member of next three years. Mrs. Iannazzo and Bill Black- CHAPTER 90 FUNDS APPROVED: The Board unanimously approved the Memorandum of Agreement (in duplicate) for payment of funds reimbursing the Town for approved projects in the amount of $'1~02,416.00. Fiscal 1982: $51,208.00 Fiscal 1983: $51,208.00. ~00 JULY 12, 1982 (continued) ROLLINS CABLEVISION: Letter received from Atty. Richard G. Asoian representing the Rollins Cable- vision, successful petitioner for the Town of Andover Cable Television franchise. In the letter, it was noted that licenses, permits or approvals were not required from the Town of North Andover to carry the cable connection wire from the reception site in the Town of North Andover to the Town of Andover boundary. However, they requested a letter of approval from the Town of North Andover. Town Counsel advised the Board that they should re- quire proof from the cablevision company that they have acquired the necessary license under the provisions of G.L., Ch. 166A, Sec. I and following. In addition, there should be submitted to the Board an indemnifying agreement by Rollins Cablevision, signed by a properly authorized officer of the corp- oration to hold the Town harmless for any and all claims for injury and dam- age to persons or property caused by the installation, operation or mainten- ance of any stucture, equipment, wire or cable installby by them. The Board should also have in the files consent by the Powere Company and Telephone Company for the use of their poles by Rollins Cablevision Co. for this pur- pose. The Board voted unanimously to grant requested approval subject to Town Counsel's notations. POLICE CHIEF EXAM: The question whether or not to take the necessary steps.to remove the position of Police Chief from Civil Service was discussed. This was the result of being advised that no one had passed the last police exam. Chairman McEvoy stated that if he understands the Board's intentions corr ctly they. will . call for another police exam. Selectman Joyce maoe a mo~on ~ha~ ~ne uoaro take whatever action is necessary to remove the position of police chief from Civil Service. Selectman Salisbury seconded it for the purpose of discussion. Selectman Salisbury stated they have through this route before, that it may be time to consider opening the exam state-wide instead of limiting to the Town's police personnel only. Selectman Joyce stated that he was against this sug- gestion,.that our police personnel would be more qualified and experienced because they know the Town'. He went on to say that the Civil Service exam was a text book exam and not practical. It was brought out that a bill must go through the Legislator, ground work must be done as to procedure, and a test compiled. Chairman:McEvoy reminded them that the next exam will not be until February, 1983, that proceedings should start now but he was against having the exam state wide. Action was taken on Selectman Joyce's motion which had been'seconded by Selectman Salisbury. Vote was 3 to 2. Salisbury and DiFruscio against the motion. APR DOCUMENTS-SMOtAK FARM: The Board unanimously voted to approve the purchase of the Agricultural Preservation Restriction on the farmland know as Smolak's Farm on South Bradfrod and Dale Stfeetq, North Andover. The documents were signed, duly notorized and sent to tho"Department of Food and Agriculture, Division of Land use, together with an attested copy by Town Clerk of the Town Meeting vote authorizing the N. A. Conservation Commission to expend $20,000 towards the purchase. 4TH OF JULY COMMITTEE: The Board unanimously voted to send a letter of congratulations to the 4th of July Committee for the tremendous job they did for the Town on the 3-d~y 4th of July observances. RETIREES: On motion of Selectman DiFruscio, it was voted unanqmously to set a policy wherein a letter of commendation and a plaque will be sent to all retirees. LICENSING: AUCTIONEER'S LICENSE: The Board approved the application of Valorie B. Langelier, 138 Kingston St. for an auctioneer's license, Town-Wide, subject to an affirmative character reference from the Police Chief. Langelier is an antique dealer. McDONALD'S COMMON VICTUALER LICENSE: Discussion proceeded on the application of McDonald's for a Common Victualer. license once again. Selectmen'Joyce and Salisbury had met with representa- tives of McDonald's and the DPW to discuss the traffic improvement plan. After consultation it was agreed to adopt the plan as presented in Attorney Elias's letter. The plan involves traffic lights to be installed at the corner of Chickering Road and Walker Road. One curb cut on Rt. 125, curb cuts on Walker Rd. as needed for exits and entrances, lane markings to be placed on Chickering Rd. by the DPW. DPW and McDonald's both approve the plan · which will be drawn up by McDonald's and submitted to the DPW Boston Office by the Selectmen. Several residents of the Meadowview apartments and Brookside were present to voice their objections, once again, to having McDonald's located near Walker Rd. JULY 12, 1982 (continued) McDONALD'S {.continued) Residents present were Jane O'Donald, Jeffrey West, Bob Levister, Felice Levister, John Hiller, Karen Roe, Helene Walker, Harriet Simpson and Atty. Brockleman. They voiced the same objections as in previous meetings. Walker Rd. would be over burdened~ dangerous to have Walker Rd. as an access Rd., traffic accidents would be peevalent, too many children would be aroun( value of their land would decrease, increased parking and loitering, Walker Rd. should not be used for traffic flow, DPW hasn't a right to go on Walker Rd. , winter driving on Chickering Rd. difficult, cars will not be able to stop, Walker Rd. is a private.way, how can McDonald's use it? Selectman Joyce stated that it was zoned for general business and McDonald's have met with traffic engineers to work out a safe traffic plan at the request of the Board. Selectman Graham asked Selectman Joyce as to whether the lights would be in before the place is allowed to open and Selectman Joyce replied that yes, they would be installed before the restaurant opens. Selectman Graham also stated that the basic problem is that it is a very bad traffic area, that there is no solution to the problem in his estimation, that it was the wrong place to be putting McDonald's restaurant. After further discussion it was voted 4-1 to adopt motion suggested by Atty. Elias. Selectman Graham voted against the motion. The following action was taken: Voted: To ensure clarity and precision with respect to terms and conditions imposed on the common victualer's license to be granted to McDonald's Corporation, all prior votes of the Board are hereby rescinded, and in place thereof the following is substituted: That a Common Victualer's license be granted tb McDonald's Corporatio for use on the site located on Chickering Road, at the corner of Walker Road, as shown on the Site Plan as filed with the Board of Selectmen {entitled "Site Plan, McDonald's Corp., Chickering Road, North Andover, Mass."), in accordance with the provis.ions of Ch. 140 of tile General Laws of the Commonwealth of Massachusetts, subject to the following terms and conditions: 1. That on the northerly boundary of the site {facing Meadowvie~ Apartments and on the easterly boundary of the site, a six foot stockade-type fence wil be constructed by McDonaldls. On the westerly boundary of the site {facing Walker Road), a split rail type of fence will be constructed by McDonald's. 2. That the curb cuts on.Chickering Road and the corner at Walker Road will be as approved by the Massachusetts Department of Public Works. 3. That McDonald's provide adequate trash containers on the site and a dail litter pickup within 300 yards of the premises .in all directions, including the high school grounds and the adjacent brook, provided permission is given to McDonald's by the property owners to enter on their grounds. 4. That a private duty policy 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 no precede a school day; that such officer or guard be provided at all other special event times such as an athletic event at the high school which is to attract patrons to the restaurant; and that this condition be reviewed. by the Board of Selectmen at the end of the six month p.er~od following the opening of the restaurant so that the Board may re¥iew:.the-necessity of McDonald's continuing to provide such officer or buard. 5..McDonald's will pay for the installation of a traffic control signal at th'e intersection of Chickering Road and Walker Road as approved by the Dept of Public Works, with the understanding that the Town shall prepare and process the application for approval by said Department. 6. ~That McDonald's erect the building.and ~mprove the site '~l%...pliance with the Town Zoning By-Law. in corn- 7. That a single ground sign be built near the intersection of Walker Road and Chickering Road, as shown on the Site Plan submitted by McDonald~ The sign will be a Cape Cod or Nantucket type (namely, carved, inlaid lettering against a different color background). The sign would not be self-illuminated but would be illuminated by exterior lights only; in all other resp6cts the sign will be erected in accordance with the sign by-la~ 8. That a single roof sign consisting of t~he word, "McDon'ald's," be allowed, with internal neon t~Pe lighting, white only, J~O2JULY 12, 1982 (continued) McDONALD'S (continued) Terms and Conditions: . ..... 9'. That'the roof of the building be installed with wood shakes; that the exterior walls be of natural colonial brick and thermopane type windows, having the appearance of colonial small-paned glass. 10. That outdoor parking lot area lighting be steady, stationary and shielded so that 'the light will shine onto the parking lot area; and thai no poles on which the lights will be positioned be no higher than 14 feet. ll. That on the Walker Road side of the fence, McDonald's plant bushes to enhance the appearance of that side of the site. 12. That business hours be limited to 7:00 a.m. to ll:O0 p.m. through Thursdays and to 7:00 a.m. to midnight on Fridays and Saturda~; 13. .That the major trash receptacle, enclosed. commonly called the dumpster, be 14. That McDonald's provide materials and 'labor at least once every thre months to paint out the graffiti on the nearby overpass. McDonald's will not be obligated to do so for portions of the overpass not reachable by standing workmen. 15. That no exterior eating tables be allowed. 16. That deliveries and trash pickups at the premises be limited ~o regular open-for-business hours. 17. McDonald's may have one or two curb cuts, at 'its option, on Walker Rd., which may be used for either entrance or exit purposes, or both'. 18. McDonald's shall be permitted one curb cut on Chickering Rd.(Rte 12~ for entrance purposes only. -19. That such lane markings on Chickering Rd. (Rte 125) in front of,..j~¥ proximate to, the site, as may be approved by the Dept. of Public Wor. m, shall be installed,m ~ The Licensing Commissioners Town Counsel. Alice M, Letarte, Secretary .~UL.¥.26, 1982. adjourned and an executive session was called with ****************--***** The matter of the concrete blocks piled high on the roadway o~ :~. 114 from wilson Corner was discussed. Rep. Hermann reported to the Board that he had talked with the District Highway Engineer and had presented the protests of the Town. He toldl him that the area was not accident prone, that the Jersey Barriers should be in- stalled on heavily travelled areas.. Letters against the installation of the barriers were received from the Police Chief, Highway Surveyor and Rev. John Deegan, President of Merrimack College. Police Chief stated among other things, that there is a record of 925 accidents on Rt. ll4, none have occurred in this' area. He said the area did not warrant the barriers, they would just be an eye- sore. Highway Surveyor stated in his letter that he does not believe the barrier: are necessary. In fact, he thinks they could be a menace, both physically and aesthetically. Rev. John Deegan stated the barriers would be too high, tery unsightly and do damage to the aesthetic surroundings, that Merrimack College takes great pride in the beauty of its campus and the barriers would surely mar it. The Board voted to send copies of the three letters received ahdl' send a-letter of protest of their own. Selectman DiFruscio abstained from voting to remove the barriers but voted to send the letters. The letters will be sent to the District Highway Engineer, Sherman Eidleman. PLANNING STUDY CONSULTANT: The Board of Selectmen approved unanimously the selection of City Design Collaborative, Inc. to prepare a Concept Plan and Strategy for Water Street and the Davis and Furber mill site. Funds of $13,500 for the project are contributed by a State 12lB Planning Grant and the Town's CDBG program.