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HomeMy WebLinkAbout1961-04-24 Board of Selectmen Minutes127 April 17, 1961 (continued) LAWRENCE GAS COMPANY: Mr. Finck motioned that permission be given to the Lawrence Gas Company to excavate approximately 750 feet along Mass. Ave. and 450 feet along Chickering Road to in- stall a gas main and gas service for the Hi-Spot Restaurant. Mr. Sutcltffe seconded the motion and it was voted unanimously. HAFFNER'S SERVICE STATION: Mr. Finck said that it had been mentioned to him about the use of the property at Haffner's Service Station on Chickering Road due to the fact that three macaroni trucks are parked on the premises. Mr. Ftnck motioned that a letter be sent to Mrs. Haffner demanding the removal of the trucks, seconded by Mr. Sutcliffe, and voted unanimously. The meeting adjourned at 9:00 p.m. upon motion of Mr. Finck, seconded by Mr. Sutcliffe, and voted unanimously. April 24, 1961 The Board of Selectmenmet on this date at 7:30 p.m., with all members presentand Chairman Finneranpresiding. REARING: Marbleridge Road Mr. Harold Lynch~ James Anderson and Preston Ludvig, complainants, were present at this hearing, as well as Harry Bourquin, and Martin Lawlor, Building Y~spector. Chairman Finneran read Town .Counsel's opinion whereby he stated that if there is a By-Law violation, it is the job of the Building Inspector to uphold the integrity ~of~ the Town regulation, and that this Board cannot force him to do so against his ~ill. However, i~, according to Town Counsel, there is no such violation, there is even less reason for this Board to interest itself in the matter. In such circum- stances, no infringement of any right of the public is involved; the alleged nuisance is at most a private one, the abatement of which must be undsrtaken by those'citizens directly affected rather than by the Town. Mr. Lynch had prepared a chronological statement whereby Mr. Bourquin had begun excavating in the spring of 1959 and at that tine. the latter had put in a road and had begun to grade the street section of the property on Dale Street. It appeared to be a "good operation." Whenever Mr. Bourquim worked on Sundays excavating? etc.. the abutters did not complain, but Mr. Lynch stated than when Mr. Bour~fn worked on ~eteran~'Day, that was the ."last~ straw." Mr. Lynch said that in 1960, he felt the real imtent of the operation was evident and that it was Just a gravel pit and that fill w~s being sold. Mr~ Bourquin stated that he did exchange fill for loan, load for load, and he also said that if he hadn't been held up from time to time by the complainants that he would 'be much ~further along in his work at the present time. He said he had received permission, verbally, from the Board-of Appeals. Mr. Lynch stated that he had spoken ~ith M~'.'O 'Leary who said he had not realized the scope of the entire situation when verbal permission was given. The foundation had been erected for Mr. Bourqdin's house, but Mr. Lynch said the building permit was obtained for a different position on the property. Nr. Lawlor said it did not make any difference so long as lot lines were adequate distance. It was suggested to Mr. BoUrqutn that he go to the Board of Appeals to go through the proper procedure. Later on during this Selectmen 's meeting, Mr. O'Leary of the Board of Appeals appeared before the Board to state that Mr. Bourquin had gone to the Board of Appeals end that a hearing will be set up ~d the abutters notified. MILL ROAD SITUATION: Mrs. Charles Thornton and Miss Helen Kellner attended this meeting. At this time, Town Counsel's letter regarding the situation was read. Letter is on file in this office. Mr. Lawlor questioned the fact that it is a business and that each time he had gone to the site in question, only two vmhicles have been parked there, ~hich is not illegal. Mr. Phelml, Board of Assessors, who lives on Turnpike Street, said that there are two er threelocations where the trucks of the alleged business park. Miss Kellner said that the name of the freighting business was United Freightways and that she felt the situation was a public nuisance as well as a violation of the zoning by-law, and that the responsibility lies with the Building Inspector. Mr. Lawlor asked Mrs. Thornton and Miss Kellner if they would like to make an ap- pointment with Town Counsel in order that the ~atter could be discussed. They agreed and Mr. Lawlor said he would make arrangements with Town Counsel. 128 April 24, 1961(continued) LINDEN AVENUE: Mr. Francis Gillick, Atty. John Willis, and Ralph Brasseur, C.E., were present at this hearing. Contractor Anthony Marino was unable to attend. Atty. Willis said that the Planning Board had required Mr. Marino to bring the new street up to grade and that Mr. Marino had done everything in accordance with the approved plans. Thus, Mr. WiLlis did not think it was the responsibility of Mr. Marino to fix the lawn of Mr. Gillick becsuse the latter's lot was of a lower grade than the street. Atty. WiLlis said Mr. Marino was willing to sell the necessary loam to bring theilawn up to grade for only $1.00 per yard, to Nr. Gillick. Mr. Brasseur said that the remedy of the situation was the filling in of the area of his lawn near the street and to make a pitch for the drainage of the water. The Board felt that it was Mr.~ Marino's responsibility an~ also the Town's for the dm, ages caused Mr. Gillick and suggested Nr. Brassmur get an estimate of the cost involved in repairing the damage and re- port back to this Board. LAWRENCE GAS COl(PANT: Permission to excavate on Purber Avenue to repair a gas service was given to the Lawrence Gas Company upon motion of Mr. Finck, seconded by Mr. Sutcliffe, and voted unanimously. Mr. Finck motioned that a letter be sent to the Board of Public Works regarding the condition of Davis Street, context of which would be similar to that sent to the Lawrence Gas Co.mpany last week. Mr. Sutcliffe seconded the motion, and it was voted unanimously. CIVIL DEFENSE: A letter was received from Dewey Dyer, Director of Civil Defense regarding a state- wide Control Center exercise on Friday and Saturday, April 28 end 29, 1961. Letter will be placed on file on motion of Mr. Finck, seconded by Mr. Sutcliffe, and voted unanimously. LAWRENCE GAS ¢C~PANY: . A letter was received from the Lawrence Gas Company in answer ~o ours complaining about the condition of streets upon which excavation has been performed. Regarding Davis Street, it stated that the deplorable condition of Davis Street is due to the instaLlation of a sewer main. a~d.~.not by the Gas Company. TG~N COUNSEE: ~In re Civil Defense Expenditures A letter was received from Town Counsel~in answer to our inquiry regarding:Civil Defense Expenditures, and letter was read. by Chairman Finueran. Letter. is in file in the Civil Defense folder. N_~SS. DEPT. OF AGRICULTURE: The approval of the nomination of Dr. Edward C. Bulger as Inspector of Animals for the year ending March 31, 1962, was received from the Mass. Dept. of Agriculture. CML SERVICE: Sealer of Weights and Measures A letter was received from Division of' Civil Service informing this Board the in- cumbent of the position will attain civil service status, subject to ~i~ passing a qualifying examination. Mr. Sutcliffe motioned that Mr. Ernest Roberts be_appointad perm~ent Sealer of Weights and Measures, seconded by Mr. Ftnck, and voted unanimously. ANDOVER BOARD OF SELECTM]N~ The letter receive~ last week from the Andover Board of Selectmen was once again tabled until May 1, 1961. BOARD OF APPEAIS: A letter was received from the Board of Appeals informing this Board that on April 10, 1961, Daniel T. 0'Leary was voted as Chairmen of the Board and Charles Foster, Jr. as Secretary of the Board. Upon motion of Mr. Sutcliffe, seconded by Mr. Ftnck, it was voted unanimously to adjourn the~meeting at 10:00 p.m.