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HomeMy WebLinkAbout1975-05-27 Board of Selectmen Minutes 1 10 SENIOR CITIZ5%! NURSE (continued) May 19, 1975. Mrs. ~urphy stated that Dr. Kay misunderstands the nstRre of the set, rices that are being given and that would be given. Dr. Kay refused to discuss the matter with Mrs. Murphy, Just stated his views of the coming appointment with a few uncalled foraLd unnecesary remarks-directed to and about Nrc. Murphy and the Council On Aging services. Appointment was tabled until the Law- rence General Staff met ~ith the Selectmen. Dr. Kay was to arrange meeting. Application re- ceived for senior citizen nurse position from 01ga A. Barnett, R.N. Selectmen will ask Town Counsel, by letter, what the liability of the Town would be if and when a Senior 'Citizen Nurse is appointed. LICENSING COMMISSIONERS: LIQUOR TRANSFER: Request receive for transfer of a Retail pkg. Goods Store license, ~lt & .~ne, from Dehuullu's Market, Roger Dehullu, Owner to Ron's Lobster Pool, 67 Water St., Ronald F. Leavitt, Owner. Hearing se~ for June 2, 1975, a~ 7:45 p.m. To be advertised and abutters notified. RESTAURANT, ALL ALCOHOLIC: Application received for a Restaurant, Ail Alcoholic license from Robert Regan, Manager of a tennis pri~ate club called, The Willows, on Rt. 114. The Board stated they had no objection whatsoever to the license but had deep misgivings about the added safety .of patrons exiting onto Rt. 114. Selectmen will ask for a survey and reconmendation from Chief Lawlor as to what could be done to insure an added safety hazard would not be cre-.ted if license granted. FIR~FIGHTERS: One day wine & malt license g~anted to the Firefighter's group for their annual outing on July ~, rain date, July 20. As it will be on a Sunday, beer ~o be served from 12:O0 Noon to ? :00 P.M. Copy sent to Chief Lawlor. OUT-DOOR LICENSE: Upon request from Christopher Adam's lawyer, the Board sent up another hearing on his application for renewal of his Out-Door license ~o be held on June 2, 197~, at 8:00 p.m. To be advertised, abutters notified once again. License is due to_ ~xpire June 24 with the extension granted to Mr. Adam's. Alice M. Letarte, Secretary **~*~-~-~~* ~~,~/~ Clerk MAY 27~ 197~. Th~ B card of Selectmen held their regular meeting on this date with all members present; Selectmen Guthrie and McE~oy with Chairman Ccudy presiding. The minutes and warrant were approved as submitted. TOWN GARAGE CONTRACT: Chairman Coady and the President, Treasurer of Amici Construction Corp., Michael Nicholosi, signed the contract to construct the new T own Garage. Contract had been approved as to form by Town CoUnSel. Article 7 of the Contract was changed to 65 days, payment to Contractor after work is completed. COMMONWEALTH AVE. DIGGERS: Due to numerous complaints by abutting residents, the Board voted ts rescind permit given to Richard Burnett and Mark Iongo to dig fcr old bottles at their last meeting, May 19. They will be so notified with Chief Lawlor. Letter from Gr. Iaw. Red Cross chapter requested personnel, and payroll statistics for the 'United Fund campaign. J. Wf~lfs was appointed administrator of the action. LAWRENCE JAIL KE~PER: Letter received from Wiq~tam H. R~an, Keeper of the Lawrence Jn~, requested help from CE~A employees from North Andover. Board voted to send letter stating '~what positions were allotted to the town would be assigned for the benefit of the town. FIREFIGHTERS UNI~: Chairman Coady advised the Board that the Secretary of Labor & Industries would hold meeting with Board and Firafighter's Union on June 5, at 7:30 p.m. in the Firehouse. SUMMER SCHEME: The Board voted to list the following dates for their Summer Schedule beginning June 2: June 2 - 16 - 30. o.July 14 - 28...August 11 - 25. Working meetings will be called, as needed, on Thursdays. POLICE CAR BID~AWARD: Upon recommendation of Chief Lawlor, the Selectmen awarded the contract to ftxrnish 3, new 1975 cars for the N.A. Police Dept. to Nassar Ford; their bid of ~et $~,786.00 was the lower bid of two bids submitted. Letters will be sent to Nassar Ford and Shaweheen Motor Corp., the other bidder. INSURANCE PROGRAM: Letter from R. Lafond, Chairman of the N.A. InSurance Agts. Association, advised the Board that to change the Insurance program of the town would not be feasible. The Board took the letter under advisement until a later date when the matter would be discussed at a meeting. MAY 27 1975 continued) RECEIVFD: 111 Letter from Gr. Lawrence Community Action re Summer Work Program. Referred to J. Willis. Letter of thanks from Betsy Bahr, Bicentennial Intern, for cooperation of town departments. Letter from U.S. Environmental Protection Agcy. Copy given to Conservation Commission. Letter from CETA Manpower Program re Law. Subgrantee Title I Comprehensive FY'?6. Copy of letter sent to Highway Surveyor from J.Sampson, V.P. Lawrence Gas Co. Notices of Meetings. LAKE COCHICHEWICK STUDY COMMITTEE: The Board voted to appoint the following as members of the Iake Cochichewick Study Committee: Joseph Cushing, Henry Denevan, Clifford ELias, Esq., Frank Gelinas, Donald Keiretead, Louisa King, Lillian Lafond, William McEvoy, Gayton Osgood, William Salemme and Patricia Trombly. They appointed Gayton Osgood and Patricia Trombly, temporary Co-Chairmen of the Committee. First meeting will be held on June 3, 7:30 p.m., Selectmen's Office. BICeNTeNNIAL PABADE: Letter received from Chairman Peter V. Rossiter containing the Parade Route on July 5, 1975, asking permit for same. Board voted to grant permit and in letter sent ~/~ him advised him to secure permission from Joe Borgesi to use the Thomson School playgrouz~ as a parade staging area. Board voted to send copy of letter to Chief Lawlor and also write a letter to all town boards and committees cordially inviting them to participate in the parade as officials of the town. 41 letters were sent out. On that same day, there will be a Country Fair and a chicken barbecue. HOUSING APPEALS COMMITTEE v. N. A. Board of Appeals: Letter fro~ the N. A. Board of Appeals contained a recommendation the Selectmen initiate a a Judicial review of the decision of the Mass. Housing Appeals Committee ~gainst the N.A. Board of Appeals decision to deny a comprehensive permit for construction of Housing under Chapter 774 of the Acts of 1969. The appeal period for this appeal expires June 4, 1975. A letter from C. Foster, Building Inspector, stated that the decision.of the Housing Appeals Committee was in direct conflict with provisions of the uniform State Building Code on two counts. He stated that this was a test case and any decisions resulting from this head-on collision between the H.A.C. and the uniform State Building Code will be important and far- reaching. For this reason alone, the decision of the H.A.C. should not go untested and he strongly recomnended that an appeal be made to the proper court. A petition from approximately 400 citizens was submitted to the Selectmen requesting that the Board approve the Zoning Board of Appeals request to appeal the Housing Appeals Committee decision on the Archdioces housing proposal to the proper court of law. As several of the same residents appeared before the Board, the Selectmen convened thsir meet- ing, temporarily, and reconvened in the Planning Board meeting room to discuss the recoznnenda- tion of the Board of Appeals. Chairman Ccady presided. One resident stated that Town Counsel, Arnold Salisbury, should net represent town in the appeal because of his defeatist attitude. Selectman Guthrie stated that d~uring his terms of office, Atty. Salsibury had always performed responsible work and, despite co~nents Town Counsel has made, he has never indicated to Nr. Guthrie that he bas a defeatist attitude on this matter. He was more than willing to listen and take counsel from Atty. Frizelle to do the best he could. Atty. Salisbury then stated that he would represent the town. and file the appeal without charge. If the town won, he would submit a fee, but only if the town won an affirmative decision onthe appeal. A motion was made net to appoint a Special Town but to retain the present Town Counsel, to represent the town. Notion seconded, unanimous Town Counsel stated that the N. A. Board could petition the Housing Appeals Co~itte for :~', hearing; could bring decision.~o Supreme Court for review and last could file decision with the Supreme Judicial Court. Residents started rehashL~g over all arguments against housing project that had been presented before. Chairman Coady stated that only matter that is present in the portfolio of the Dept. of Community Affairs could he discussed, that zoning was not the question~ Housing Appeals Conn. can ignore the zoning but cannot ignore State Building Code of Appeals. Atty, Dolan, representing the Archdiocese, spo~ at length, reviewing matter stating that 5 Judges had upheld Housing Appeals decision and concluded by asking the N.A. Board of Appeals not to request any further hearings on the matter. Selectm~n Guthrie stated that he souhded very much like a former developer (meaning Thomas Construction re Lake Cochichewick Chairman Coady suz~ed up meeting by stating that the decision to be made,whether or not to contest Housing Appeals decision, must be made by June 2. It was decided by all parties to have the Selectmen, Attorneys Salisbury and Frizelle and Frank Serio..;to convene in executive session in the Selectmen's Office briefly to make the decision. After one-half hour, the above,named reconvened in the Planning Board meeting rooms and Select,mn Guthrie said a motion had been made and seconded that Town Counsel, Arnold Salisbury, prepar~he appeal Es recommended by the North Andover Board of Appeals. This was the Board, not the majority of the Board. ~ Clerk M. Letarte, ~.