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HomeMy WebLinkAbout1970-08-03 Board of Selectmen Minutes~)/| JULY 10, 1970 (continued) CHAINE LINK FENCES {~continued) whatever action is necessary to require developers to install chain link fence in develop- ments or lots that are adjacent to expressways. This letter is a direct result of man~ requests sent to the DP W office from abutters of expressways for the installation of chain link fences along their property for the safety of their children. Selectman Kirk made a motion, seconded by Mr. Duffy, that a copy of this letter be sent to the Planning Board, Highway Surveyor~ Public Works and Board of Appeals. SALEM ST. CP~PTER 90 RECONSTRUCTION - LAIRD DAMAGE: A letter from County Engineer, James R. Carlin, advised the Board that the damages,awarded on an .~nclosed copy of plan and decree, signed by the County Commissioners altering a portion of Salem Street, are payable by the To~m within fifteen (15) days of demand. It was so voted. NEW HIGH SCHOOL - LAND SITE: Five appraisers were requested to submit their price to appraise the "Roger's Site" for the building of a new high school. They were: Roland Siskind, Robert Foster, Stewart Wilson, Leo M. Flynn and Andrew Coffin. Mr. Coffin declined the appraisal appointment who stated that he did not desire to participate in this particular project. The Board went into executive session to discuss the appraisal resumes submitted. The Secretary was later notified that Roland Sisk~nd smd Leo M. Flynn had been appointed by Selectmen Duffy and Kirk. A letter was directed to be sent to them nofifying them of their appointment and to contact Mr. Kirk at their earliest convenience to expedite the setting up of a time schedule. LICENSING COMMISSIO~RE: A common victualer and sunday license for Peter Aziz, for the Stevens Pond Concession were approved by theBoard. A common victualer license for Lindsey Cane (one day bazaar) and an autioneer's l~cenne for George H. Kittrell (to be used for non-profit organizations) was referred to Chief.Lawlor for reference report. A common victualer license and permission ~o hold circus granted the North Andover Police J~ie~x~ssociat~Sh~u~ust 3. Alice M. Letarte, Secretary . · ~* ff~ ~ ~ /~2 Clerk /~ August 3, 1970 · A scheduled meetimg¢of the Board of Selectmen was held on this date. All members of ~. the Board of Selectmen were present and Chairman Finneran presided over the meeting. HEARING - Commercial Vehicle Overnight parking Residents of the Middlesex-Frontege St. area attended this hearing baaed on a complaint filed by John McOabe, 329 Middlesex St., of excessive parking of commercial vehicles end equipment by the Smith Trucking Company on Frontage Street. Chairman Finneran read a proposed regulation which, if adopted by the board, would control .parking of vehicles having a capacity of one ton or over on tow~ streets for more than one hour between 12:01 A.M. and 8:00A.M. during week days and at any time on Sundays. Mr. Forest Smith, owner of Smith'Trucking CO., and his son Forestd~r. voiced considerable objection to the proposed regulation. Mr. Smith cited his position as a buisness owner and large tax payer includeing excise ;exes, and stated his ppinion that he should have the same parking privileges as a car owner... Mr. Hamel of Perry Street stated that in addition to parked trucks, plow blades and other equipment were left by the roadside.... Mr. McCabe referred to the existance of ' a simila= parking regulation throughout most citied and towns in the State. He added that~ the regulation would apply town-wide, and noted that no other truck owners .were here to object... Upon motion of Mr. Duffy seconded by Mr. Kirk, the problem was taken under advisement...*.~,.. Following later consideration and discussion, Mr. Duffy motioned that the proposed regulation prepared by Town Counsel be made a permanent part of the TOwn's Traffic Rules and Orders. Mr. Kirk seconded the motion and the vote was unanimous. HEARING-.- Sutton Pond, Notice of Intent Atty. Scalise, representing Charles T. Ma;see of Metheun, owner o$ 'Sutton pond; Mr. Curtis of Davis & Furber; and Mr. Dunsmore of J. p. Stevens & CO. attended this scheduled hearing on Mr. Matses' notice of intent to fill in a portion of Sutton pond. Said notice was filed with the Mass. D.P:W. end Selectmen on June 27, 1970~ Chairman Fisnnran read letter, from the Doper;man; of Natural Resourses regarding the requirements o~ the. statutes and inquired if Mr. Ma;see had taken* any action under the terms of the Hatch Act. Arty, Scalise stated that nc percolation tests had yet been taken, and preceded to describe the planned re-routing of the water flow... Mr. Kirk questioned the proposed use~of the land end was advised there were no ef it lane bu itw uld b p ... .c.~nd.~t~ions ~n the .spr~J~g... M~. D~smore stated Dtsvens-M~tl ~as conce~u~i~tl~c~ee of water fIoW, especisll~ d~ing floodzng seasons... Atty. Scalise stated he didn t have all the answers yet, was disappointed Mr. Matses was unable to attend the hearing, and agreed, when advised, by the board, to investigate water rights and discuss the subject with all interested parties. Upon motion of Mr. Kirk seconded by Mr. Dully, the matter was tabled until August 17, 1970 , next meeting of the.. board. AU~US~ ~, 1970 (continued) HEARING-'Buried Cable, Clerk Rd. NO abutters attended this scheduled hearing. Mr. casey, Right of Way Agent for the NeW England Telephone Company, explained the petition wo~ld cancel a previous order. Upon motion of Mr'. Duffy seconded by Mr. Kirk, permission to install the cable in accordance with plans presented was unantmoisly granted. HEARING - pole Location, Dale Street · There were no abutters at this scheduled h~aring. Mr. Casey offered the same explanation as in the above petition. Upon motion of Mr. Kirk seconded by Mr. Duff~[ permission t6 install the pole in accordance with plans presented was unanimously granted. .HEARING - Gasoline Storage, ChickeringRoad Chairman Finneran read application for license by Mrs. M. Schr~ender to store under- ground at 79 Chickering Road an additional 3000 gallons of gasoline making a total of 20,000 gallons. Upon motion of Mr. Kirk seconded by Mr. Duffy, the license was unanimously approMed. FLATL~Y DRAINAGE PROJEC~.~-Permit and C~venant Atty. Salisbury, Town coUnSel, and Atty Willis, legal representative f~rMr~ Flatley, .appeared before the board to discuss the proposed drainage project. , Town Counsel explained, the Town's only part in the project.is zo apply for.the State Permit to install the drainwithin the~ limits, of the State Highway. (Rte. ll4). Mr. Duffy r~ inquired about the rights and ownership of thedrain between Flatley and the Town, and whether the Town wasn't actually acquiring ownership, and, if so, could be held ~ legally responsiblefor any difficultywith the system iht he future. Atty. Salisbury ~' and Atty Willis assured Mr. Duffy that the covenant protected the Town from any r~sponsibility. Mr. Duffy stated the covenant didn't contain terms of legal respon- sibility. After inquiry, Mr. Duffywas assured that State regulations required the town make application for the permit. Discussion took '. place on the bonding issue with Town Counsel stating a bond could be obtained, but is noz necessary. Upon motion of Mr. Kirk seconded by Mr. Finneran it was unanimously agreed that the board would apply for the permit on the advice of Town Counsel. Mr. Duffy motioned the language of the covenant be amended to cover all legal aspects. The board unani- ' mously concurred ~rlth this inclusion. 325 SPECIAL TOWN MEETING - August 24, 1970 Upon motion of Mr. Duffy seconded by Mr. Kirk, the boardunanimously agreed zo hold a Special Town Meeting on August 24, 1970, at 8:00 P.M. at the Veterans' Memorial Auditorium; and the warrant was officially opened to include one article requesting ~n~endment to the Zoning By-Laws. Upon motion of Mr. Duffy seconded by Mr. Kirk, ~he board unanimouely voted to close thewarrant. I.B.M. Sit~ - Disposition Chairman Fmnneran reported a phone cal3. was received from Congressman Harrington's '~'Office on July 15, 1970, relating that the Department of Army will not approve the :Department of Natural Resourcesl prgposal for disposition of the missile site. ~Mr. Finneran also referred ~o a phone c811 of this date during which a meeting with Congressman Harring~on was ~rranged for Friday, August 7, 1970, at 2:30 P.M. I'Mr. Kirk explained that the board had received no other notification other than a phone call concerning construction going on at the site. APPOINTmeNT - Spare Worker, Precinct 4 Upon motion of Mr. Duffy seconded by Mr. Kirk, Mrs. J. Elaine Griffin, 841 Chickering Road, was appointed a spare worker at Precinct 4. REQUEST FOR INDEMNIFICATION - School Committee Members C~airman· Finneran. read letter from Town Counsel in reply to the board's request for i~%formation on the Superintendent of Schools request for indemnification of the I~members of the School Committee. To~n Counsel outlined two methods of handling the I situation. Upon motion of Mr. Duffy s~conded by Mr. Kirk, it was unanimously agreed to table the matter for further study. .-.- , . M.B.T.A. - Repair of Railroad Crossings The board directed that a copy of a letter from the Mas'sachusetts Bay TransportatiOn Authority concerning repairs to Town railroad crossings be forwarded to the Highway Su ~x~veyor. ~ENCE AIRPORT COMMISSION '- Liaison' Officer Chairman Finneran read telegram from Mayor Kiley of Lawrence ~egarding the Towr. a~pointment of a Idaison Officer to the Lawrence Airport Commission. The .board agreed to accep~ the telegram for its files. Minutes of Meeting - August 3; 1970 - Continued: AMBULANCE SERVICE - Transportation Policy Upon motion of Mr. Duffy seconded by Mr. Kirk, corresp6ndence from Fire Chief Daw concerning ambulance service to patients in nursing homes was unanimously accepted for the board's files. FLASHING LIGHTS - Salem St. Following receipt of recomendation by Chief Lawlor and motion of Mr. Kirk seconded ' by Mr. Dully, the board unanimously voted to request flashing yellow lights on Salem St. at the new Fire Station. REPORT - Restricted Parking, Johnson Street Chairman Finneran read Chief Lawlor's report that, in his opinion, restricted parking was not necessary on Johnson St.~ in the vicinity of the General Store. REPORT - Clarendon St. Parking · Chairman Finneran read Chief Lawlor's ~report that the parking problems along Clarendon St. had been alleviated and there should be no future problems in this regard. Mr. Kirk stated that parking of cars near the Aplin Playground was a safe~y problem that he would pursue in the near future. TGJNYARDINCINE~TOR - Trash BarreIs Following receipt of information from the Fire Chief and Town Building Custodian that adequate containers for trash had been obtained~for use by alldepartments, the board directed that the Highway Surveyor be notified tha~ the incinerator could now b~ removed. 'DEPARTMENT OF ~ATURAL RESOURCES - Notice of Intent The board accepted for its files a copy of instructions ~o Mr. Raymond Turcotte regarding his notice of intent ~o the Department of Natural Resources concerning a,pond. SCHOOL DEPARTNENT - Sale of Desks and C hairs At the request of the Superintendent of Schools, the board agreed to advertize a d~te of sale of desks and chairs from the former Johnson High School. It was directed that ~the Superintendent of Schools be contacted regarding the specifications and that a price should not be included in the legal notice. LAWRENCE GAS COMPANY - Excavation~ Peters Street A notice from the Lawrence Gas Company regarding the intention of L. C. Cyr Construction Co. to excavate on Peters Street was referred to the Board of P~blic Works, Highway Surveyor and Police Chief for investigation. · REPORT OF TAX RETURNS - Towm Accountant Upon motion of Mr. Duffy seconded by Mr. Kirk, a repor~ from the T~wn Accountant of taxes collected in previous years through 1968 was unanimously received. MASS. ELECTP~C COMPANY - Street Lighting Recommendations Upon motion of Mr. Duffy seconded by .Mr. Kirk, recomendations for stree~ li~ghting in the vicinity of Johnson and Salem Streets and also on Upland Street were unani- mously tabled un~il next meeting pending investigation. LAWRENCE GAS COMPANY - Excavation, Waverly Rd. and Salem St. Included in the ~receding vote of the board was a Lawrence Gas Co. notice of Pelletie~ & Millbury CorP0~ration,s intention ~o excavate at Waverly Rd. and Salem St. (continued on Page 32~.) 32.7 Minutes of Meeting - August 3, 1970 -.Continued: -4. DIViSIOn' OF WATE~AYS - Disposal Site , Petition Upon motion of Mr. Duffy seconded by Mr. Kirk~ the board unanimously accepted a letter from the D.P.WJ.Division of Waterways concerning the Town's petition to enclose a brook in 36' pipe culvert ~o expand the disposal site. It was directed that a copy of the letter be forwarded to the Highway Surveyor. M.B.T.A. - Service Agreement & Fare Increases Upon motion of Mr. Kirk seconded by Mr. Duffy, the board unanimously voted to refer to Town Counsel correspondence from the Mass. Bay Transportation Authority concerning a service agreemen~ through July 31, 1971, and proposed fare increases. DEPARTMNqT OF PUBLIC UTILITIES - Notice of Hearing A notice of hearing before the Department of Public Utilities on August 11, 1970~ 10:00 A.M., regarding the Michaud Bus Lines was unanimously accepted by the board. REPORT - July Fourth Celebration Committee Upon motion of Mr. Kirk seconded by Mr. Duffy, the board unanimously received a repor~ of the July Fourth Celebration from committee chairman Mr. Arthur Drummond,' and directed that the report be acknowledged with appreciation. L. C. McDonald~ Secretary .//~' William B.: Dully, Jr., Board of Selectmen Minutes of Meetin~ of'the Lic,n~i~u$ Commissioners -August 37 197~ Chairman Kirk presided over a meeting of the License Board AUCTIONEER LICENSE - William J. Lawton . 'Upon motion of Mr. Finneran secorded by Mr. Duffy, an Auctioneer License was unanimously approved for Mr. William J. AUCTIONEER LTCENSE -George H. Kitrell Upon motion of Mr. Duffy seconded by Mr. Auctioneer License to Mr. George Kitrell Lawton subject to payment of the usual f~e. Finneran, the board unanimously granted an subject to payment of the usual fee. Licensing Board Finneran, the board unanimouslygranted a The purpose of COMMON V~CTUALER LICENSE - Lindsey Crane Upon motion of Mr. Duffy seconded by Mr. Common Victualer License to Lindsey Crane and the fee was waived. the license was ~o conduct a oharity bazaar for ABC 'students. L. C. McDonald, Secretary . ·