HomeMy WebLinkAbout1982-08-09 Board of Selectmen Minutes· -404
JULY 26, 1982 (continued)
THE WOK:
Triwin, Inc. d/b/a The Wok, 733 Turnpike Street, requested the Board
approve the change of Managers of the restaurant from Gin Tung Woo
to Jeffrey R. Tacconi. The Board approved subject to a character
reference of Tacconi from the Police Chief. ~ ,
Alice M. Letarte, Secretary *************~lerk
August 9, 1982
The Board of'Selectmen held their regular meeting on this date with
all members present; Selectmen Charles A. Salisbury, John W. Graham,
Ralph R. Joyce, R. Louis DiFruscio with Chairman Thomas J. McEvoy
presiding. The minutes and warrant were approved as submitted;
PUBLIC WORKS STUDY COMMITTEE APPOINTMENTS:
After interviews,_the Selectmen unanimously a~pointed P. Hayden Clark
and Judith Averett members of the Public Works Study Committee.
URBAN SYSTEMS PROJECT:
The drainage on lower Main Street was discussed. The Highway Surveyor
is of the opinion that the drain system on Main Street is not large
enough to handle the run-off during periods of very heavy rain. The
firm of Vanasse/Hangen agreed after studying the problem and proposed
that as a part of the Urban Systems project a new drain system should'
be installed on the lower end of Main Street. An amendment to the
contract will allow Vanasse/Hangen to do the engineering work required
for the new drain system, costs to be paid with Community Development
funds, construction costs will be paid from federal and state highway
funds. The Board voted unanimously to approve the amendment to the
contract with Vanasse/Hangen.
RT. 114 - GUARD RAILS:
As a result of a telephone call from the DPW District Highway Engineer,
Sherman Eidelman, what was to be installed on Rt. ll4 from Wilson's
corner to the traffic lights opposite Royal Crest Apartments was dis-
cussed. Mr. Eidleman had informed the Board that, because of
adverse objections, the state will not put in the Jersey Barriers.
However, according to traffic standards, sa.fety rails must be erected
and he suggested placing guard rails instead of the jersey barriers.
The rails will cost the state and taxpayers $70,000 more to install
and he was due to attend a meeting with Rep. Hermann and the Governor's
Council. Councillor Markey was objecting also to the guard rails.
Sherman requested a statement from the Selectmen on the problem, i.e.
the guard rails.. After discussion, Selectman Graham made a motion to
'have the Selectmen inform Mr. Eidleman that this Board feels that
Eidleman if the one responsible for that type of decision and that
decision is, as far as the Selectmen are concerned, '.' in his hands.
There was no second. A young lady, Mrs. Linden, offered the sugges-
tion that the guard rails be made out of huge timbers, the same as
the guard rails going down to the Cape on Rt. 3. The conclusion was
to have Chairman McEvoy call Sherman Eidleman Tues.day to say that,
if the guard rails were mandatory, to suggest theyOt~ade'out of huge
timbers. They, then, would not detract from North Andover's image.
RT. ll4 & CHESTNUT STREET INTERSECTION: .
The Board discussed the problem of traffic safety at the intersection
of Rt. il4 and Chestnut Street. Letters received from Bud Cyr, stating
both sides of intersection need improvement and, also, all other inter-
sections going into Rt. ll4 could be improved; f. rom L. Bernal, Supt.
of Schools, suggesting traffic lights; and Sherma. p Eidleman, enclosing
Dr. Myers letter, requested direction from. the~Selectmen. A land taking
process would be necessary to tak.e of ths"~ste'ep~slope'.~,..~electman Di-
Fruscio suggested fixing both sid'.es. Seq)ectman Salisbu.F~ suggested
that a letter be sent to Eidleman, enclosing both letters from Bud Cyr
and Bernal, and take the subsequen~'actioh necessary. No motion or
vote was taken, as,at .that time, Selectma'n Grahamadv.ised the Board of
his telephone call from Sherman E..idl~man'~em.theVgu, a~rd rails on Rt. 114..
and another discussion ensued. .
JURY PROCEDURES:
Letter from the District Attorney re the new Jury procedures received.
The letter, addressed to Secretary, Alice Letarte, suggested that a
computer program be used that selects names on a random basis from our
street listing b. ogk. The services of the Commissioner's Office was
offered to provide the random selection of numbers to match up with our
A~GUST 9, 1982 (continued) ~05
JURY PROCEDURE (continued)
computer selected numbers. The Selectmen's Secretary stated that we
have complied with the D.A.'s guidelines for.computer random name selection.
The Board voted to accept the letter for the files.
OLD CENTER IMPROVEMENTS:
Letter from Bud Cyr concerned the proposed renovations on the entire
General Store complex. Cyr approved the plans of the Brick Store Co.
which proposed the all new granite curbing, plus the installation of 10
ft. square granite blocks,~set in as'a sid~walk~pavement. He disapproved,
however, the sidewalk being widened approximately 2 ft.because the parking
and traffic situation as'it is, he would not consider any widening of the
sidewalk, at this time. He proposed the taking of the Ira Carry property
for a general parking area for all the center needs. This would allow the
realignment of Johnson St. and the elimination of parking on both sides of
Johnson St. This would make a smoother and safer traffic flow through the
Center area. Gayton Osgood stated that he had conferred with Bud Cyr at'the
area and agreed that the Ira Carty property would be a good parking site for
the cars. However, he reminded the Board that the house belonged in the
National Historic District and didn't know whether the house could be razed
or not. However, he suggested that if the porches were taken off and all th,
overgrown shubbery removed, space could be provi~ded. After further discus-
sion, Chairman McEvoy stated that he would get in touch with Chiefs Dolan
and Donnelly together with Bud Cyr to set up a meeting to 9xpedite the solu-
tion of the problem.
MASS. ELECTRIC VEGETATION CDNTROL PROGRAM:
Letter from Mass. Electric Co. advised the Board that they had scheduled
Vegetation Management treatments on rights-of-way which pass through the
Town of North Andover. The herbicide will be selectively applied by
l~censed applicators to only those tree species that interfere with safe lin
clearances. Said herbicide has been approved by both the United States
Environmenta~ Protection Agency and the Massachusetts Pesticide Board. The
work will be done by Vegetation Control Service, Inc.,Shutesbury, Mass. T'he
enclosed a fact sheet which discloses why the service is necessary. Leo
Lafond was sent a copy of the letter, and a copy to the Conservation Commis-
simon. Conservation Commission had written Mass. Electric Co. to file a , '
Notice of Intent but as the Vegetation Management program is subject to
Federal and State regulations, local permits are not required. Chairman
McEvoy stated that Leo Lafond and the Conservation Commission would keep'
them' jnformeq of the activity and it was voted to accept the letter.
TOWN"~OREST PICNIC AREA:
The Board granted permission to the Boy Scouts to use the Town Forest picnic
are for their annual camporee, Oct. 1,2,3.
LANCER'PROCLAMATION:
.The Board voted'unanimously to proclaim
Cancer Day in th6 Town of North Andover.
September 8,
1982 to be National
PERSONNEL BOARD APPOINTMENT:
Roland Korb, 14. Walnut Ave., former member of the Personnel Board ten years
ago, was unanimously appointed to serve again as a member of the Personnel
Board.
POLICE CHIEF EXAM:
Notice of a Police Chief Exam received citing that permanent Sergeants, only
were eligible to take it. After discussion the Board voted 3-2 to request
the exam be open to all Policedepartment personnel. Selectman Sal$~bury and
Selectman DiFruscio were against the motion.
NEGOTIATIONS:
Selectman Graham advised, the Board that negotiations with the teachers will
start in October. Before this, Selectman Graham would like to hav'e the
Selectmen m~e.~..w'ith the Advisory Board, Board of Assessors (Phelan) and the
Town Treasurer.to ascertain what the money situation is so some guidelines
can be set down. It was so agreed.
JOHN COADY-FO.RHE SELECTMAN
~j / '~'t,~-'nST 9, 1982 (continued)
JOHN F. COADY:
The Board of Selectmen expressed their deep shock and sorrow in the
tragic death of their former colleage who served for six years as a
Selectman. Selectman Graham stated he would like to have the Board
write a letter to MKs..~oady a~n~ ~av~_~ plaque made in memory to Jack
to be presented to Mrs. Coady at a future meeting, and to have the
Chairman contact her. Chairman McEvoy expressed the thoughts of every-
one when he stated that,he and everyone that knew Jack.~thought very
highly of'~im, that he was an excellent official, a devoted family man.
Selectman S~isbury said Jack had infinite courage, a highly intelligent
and gracious man'who will always be loved. Selectman Joyce made a motion
to have this year's Town Report dedicated to John F. Coady. It was an
unanimous vote. Chairman McEvoy said he would work with Brian to carry
out the Board's wishes.
LICENSING COMMISSIONERS:
HAFFNER'S SERVICE STATION:
The Board approved an application for a permit from Haffner's Service
Station to store diesel fuel, only, re the Fire Chief's wishes contained
in his letter,
CAROLYN COLE:
Application approved for a 1-day beerilicense and use of the Town Farm
picnic area on Thursday, August 19th, for a company picnic of the North
Andover Citizen from 5 to 8 p.m.
AMERICAN LEGION BEACH:
Application approved for a Common ViCtualer license for the food stand
at American Legion Beach, Philip Chiarenza. Application late filed be-
cause Mr. Chiarenza had been hospitalized for a month. ..
B.U. CONFERENCE CENTER:
Application.approved for a 1-day liquor license for a wedding at the B.
U.' Conference Center, September 5, 1982, from David Rand.
PIZZA;TIME PARTNERS OF NEW ENGLAND I, Ltd. d/b/a Chuck E. Cheese's Pizza
Time Theatee:
Hear~n-gs were cond.ucted on applications of the above-named for a Wine
and,.Beer licens~'Common Victualer license, license for 52 electronic
games, 10 Skee Bal):games, 25 Kiddie rides and an Entertainment license;
Total license fees would come to $9,675 plus a $200 Entertainment fee to
the State. The same presentation was made that was recorded in the
minutes..of the Selectmen's meeting held on July 26, 1982. Letter re-
ceived from Chief Donnelly~i~o stated, that although ~he only request
reccived from the Selectmen.~as a character reference for the Manager
of the restaurant,Scott Bev'ins, he would like to go on record with the
Board that he definitely did not endorse the application for a multitude
of video machines or the issuance of a beer and wine license to the
establishment. He went on to say that the town had enough problems be-
cause of narcotics, liquor and hang-outs, and a moratorium should be
placed on such licenses. He failed to see where gambling machines and
liquor wereneeded at the restaurant. Letter received from Birch Super
Drug Store stated a letter had been sent without his knowledge to the
Board endorsing Chuck E. Cheese's restaurant at the K Mart Store. It
was not his endorsement and was, in fact, the opinion of his store
manager, David Snipers. He went on to state in his letter that he en-
dorsed the idea of a family restaurant with animated activity which would'
be a nice addition to the Mall. However, he was opposed to the granting ''
of 52 video game licenses in this location to support such activity.
Selectman Graham stated that they would be opening up a "pandora box"
by issuing video games permits to Pizza Time Partners when requests, for
pe6mits by other'town businesses were rejected. M3chael Keetenoacn,
representing DeMoulas, stated they were also opposed to many video
machines, that they could have leased the old space occupied by DeMoula's
for an arcade.
Saltsman-said the bulk of the business would come from food sales and
that video games and beer and wine sales were a secondary part of the
operation, that the restaurant would no~ turn into a haQg-
out for teenagers; 'that the entertainment was pinpo3nted to entertain
children.
AUGUST 9, 1982 (continued) 407
PIZZA TIME THEATER: (continued)
That the wine and beer were simply for the adults who accompanied their
children; that less than 20% of the drinks are served. He went on to say
that video games were a current fad, that he expects them to die out in three
to five years as they did in Japan and some other form of entertainment will
heplace the games such as computers. He went on to say that he would not in-
vest $900,000 in an arcade of video games and where the 150 restaurants they
presently have, all Town and City officials are please with the operation. Mr,
Saltsman presented a folder containing favorable recommendations of the res-
taurant including one telegram from President Reagan supporting the project.
A full concept was_a must if the operation was to be a success...arcade was
15% of concept, not basic source,of the restaurant income. Assessor Phelan
spoke in favor of the restaurant, reminded the Board that K Mart was a good
Town' tax base, that they needed to lease part of their store because of the
state of the economy and that they shouldn't do anything to hurt the tax base.
Selectman Salisbury said that he liked the presentation but hadn't had enough
time to finish looking into all the facts and would like to postpone decision
until he did. He said~that Atty. Rosenthal should make peace with DeMoula's.
K Mart, Rosenthal said, has made the decision to lease 1200 sq. ft. of their
store'for the restaurant and there are 60 days left to closing time. The
subject of traffic was brought up but it was pointed out that the DeMoula.'s-
pa~kdng-lot,.was'the largest in North Andover.
After further discussion, it was unanimously
license. It was voseo ~-2 to deny the other l~-¢~ ~-+*~ , . eer
DiFruscio and ....... ,,:u=u. :ranam,
Salisbury against, McEvoy and Joyce for the other licenses.
Selectman Joyce agreed with the Board in denying the wine and beer license
but.said the entertainment and video licenses should be granted as he felt
they had the management ability to conduct a restaurant that would be enjoyed
by children and adults alike. There was a motion to reconsider which was
seconded.' Selectman Salisbury stated that he would reconsiderli'fZhe.~had more
time. Motion denied.
It ?as voted to
Alice M..Letarte, Secretary
go into executive session.
Clerk
August 9, 1982. - PIZZA TIME PARTNERS ~09
At the meeting of the Selectmen on August 9th 'l~he above cited m~nutes were presented
to the Board and adoptedby the Board with the following amendment.:
Selectman Joyce added to the minutes of the meeting the reasons as to why the Board was
denying the beer and wine license. It was stated at the public meeting that the denial was
consistant with the demonstrated public policy of the Board that such license was not in the
best interests of the Town of North Andover.
1) It was noted that there were two comparable facilities in the Town of North Andover.with
the present proposal the first being Chris Adam's pizza miniature golf course and video parlor.
Mr. Adam's, on two previous occasions petitioned the Board of Selectmen for a beer and wine
license and was denied on the determination that it was not in the best interests to mix a beer
and wine license with the video-pizza parlor operations.
2) Robert Dunn operates a Ski Recreational facility, snack bar and video game room. Mr.
Dunn, on a prior occasion, had petitioned the Board of Selectmen for a beer and wine license
and it was denied that the beer and wine license was not in the public interest and that they
did not care to associate recreation with alcohol.
3) There are several pizza parlors located throughout the community several of which are
located in areas known to have high traffic and delinquency problems. The Board has steadily
maintained the policy that no pizza parlor operations are licensed and that such licensing would
undermine their ability to deny any other beer and wine license to a pizza parlor operation.
The Board does not feel that it is in the best interests to begin licensing p. izza parlors and that
several of them are located in difficult areas of the Town.
4) The Board in the' past has attemped to codify their policy with respect to the issuance of
video licenses. They have demonstrated in the past by virtue of the policy adopted that beer
and wine or alcohol of any nature was not to be consumed upon or about the premises where
video machines were operated. Reference is made to such policy foe further detail.
The conclusion of the Board was that they have .;~_emonstrated through prior action and through
attemped codification of policy, that the licensing of beer and wine operations is not in the
public interest and did so accordingly vote.
Alice M. Letarte, Secretary ************************--*****