HomeMy WebLinkAbout1976-03-01 Board of Selectmen MinutesNr. nermann, Assessor, assigned to expedite the installation of the above-named lights aPpea~ed
before the Board and stated the State Public Works wore the reason the installations have been
delayed. He stat ei a letter should be sent to Governor Dv2akii and the Board reques~e~ him
to draw up a draft letter and it would be sent from this office. Ha:man~ stated that all that
was necessary for the lights are 4 poles and a master am for the lights.
WO~ING ~.ETING:
The Selectmen voted to convene for a working meeting on Saturday, Feb~,~o~y 28., at 10 A.N.
Among other projects, the articles for the ann,al town meeting will be r~ered.
LICENSING CO~ISSIONERS:
Approved: Petition of P~bert 'Heu hton - Bob's Auto Parts - to change application
"individual owner" to"ce-owners." His wife, Joan Houghton, wtll be doing his bockeeping
for him and the Registry stated that it would he more "in order" to have her a co-owner.
The Registry recommended this change and Chief Lawlor approved it. It was so voted.
Alice N. LetArte, Secretary *m~ -~-~-~:,-.:':~- ¢/ F~ Clerk.
I~H 1~ 1976.
The Board of Selectmen held their regular meeting on this date with -11~embers present;
Selectmen John F. Coady, Thomas J. McEvoy with Chairman Guthrie presiding. The warrant and
nutes were approved as submitted.
CHDIOCESE HOUSING EEETING:
At 6:00 P.E. the Salec+.~u, Town Counsel, Atty. Frizelle and Frank Serio from the Board of
Appeals met with several of the townspeople in the Waverly Road area to determine ~hether to
appeal the decision of Judge P~isey which was the petition sulm~tted by residents of this
area. The petition of the residents and a letter from the Board of Appeals requested the
Selectmen to proceed with an appeal to App-~ate Court to negate Judge N~ey's decision to
uphold the Housing Appeals decision (now not in. operation) that the Archdiocese be issued a
building permit for 2~0 low-income units off Waverly.PA. The discussion lasted 1~ hours~
Chairman Guthrte opened the meeting stating they would like to seek the advice of Town Coussel
a~ Atty. Friz-l~e.on the petition. Town Counsel S~tsbury stated that any legal advice
. be given in executive session. Guthrie asked for a motion to adjourn to executive session...
no motion was made and request, was withd~awn. Coady motioned to withdraw for a brief recess...
Selectman NcEvoy said, "No." and motion was withdrawn by Selectmen Coady. Town Counsel stated
that he was there to answer any questions. Selectman McEvoy requested Town Counsel to clarify
exactly what the appeal would be requested by petitioners and the Board of Appeals. Town
Counsel stated the following: When the ~ding permit requested by the Archdiocese was turne~
down by the town of North Andover, the Archdiocese appealed to the State Housing Appeals
mittee. The Housing Appeals Committee, after reviewing documentation from both sides (6 inche~
thick) granted the Archdiocese the application permit to construct 230 town house units of
low and moderate income housing, under N.H.F.A. finencing, on 31 acres of l~__~d in North Am/over.
The Town of North Andover. than filed for a review, of the: Housing Appeals decision with the
Superior Court. On January 30, 1976, Justice of the Superior Court, Robert J. Hall~sey, made
the Judgement to uphold the decision of the Housing Appeals C~,~ttee.
Now the petitionexm, residents of Waverly ~oad, requested that the Selectmen appeal Judge
w~llisey's Judgem~ent to the Appe~-te Court. If the Selectmen vote to appeal, ns new evidence
would be submitted on either side. The six-insh thick brief of the complainant and plaintiff,
studied by Judge N=~sey, before he handed down his decision in favor of the Archdiocese,
would be the only subject matter that the Appellate Court would decide on...whether Judge
N~isey's ~udgement on the brief wes correct or not.
Cost of appeal was approximately $1C,000 and up. Legal Services, $4,000. plus.
Building Inspector, Charles Foster, submitted letter and told the Selectmen that he had been
informed, verbally, b~ The Office of Code Development of the Department of Om,m,,~ty Affairs
that Judge N~llisey's court decision ~s in direct conflict with the State Building Code. Sel-
ectman Coady asked Mr. Foster if he had written documentation to this effect from the above-
named' office and Mr. Foster replied that the State Building Cede Committee would not put their
comments, in writing, for they "worked in the same ~,~lding,, as parties involved.
Guthrie asked Town Counsel as to what success he thought the Town had of winning the Appeal?
Town Co'm'~el replied, "Less than ~0%.,, Ami if we did wind'.the Archdiocese can fLle another
appeal for a permit. So, even if the town did win their appeal in Appellate Court, it wnuld
not end the cor~roversey.
~own Counsel stated that the aH~c~ Appe~!s. docisi~on ~was based on a) errors .o.f law (b.)
on~amns illegal provisions, was mace on un~awxum procedures. Judge Ha21isey's decision
was based on the Hanover case.
Cost involved was brought up. Petitioners stated it would be greater cost to town, new schools
would be needed for families in 230 u~its, than cost of appeal. Selec+.m-u Coady asked if the
Conservation point been properly resolved? Town Counsel answered, "Yes." Selectman'NcEvoy* ~
asked Town Counsel if there was any reason to believe that we could win if the town proceedod*~
with the appeal? Town Counsel answered again, "less than 50% chance." Selectman McEvoy read
letter from Attorney on the matter.
Archdiocese (continued) /
Selectman Coady r~narked that had the Town originally pursued the matter, in lkzll, instead of
emotionally becoming involved, the proper steps could have been completed. It is now the law
of the land to construct low-income housing and as. it is, we should make it work to the advan-
tage of the town.
Selectman Ceady made a motion to deny request of the Board of Appeals to proceed with appeal
to Appellate Court. Motion was seconded by Selectman McEvoy. Chairman Outhrie abstained from
voting. He stated that he thought there was some chance a review could overthrow Judge Ha22i-
sey's decision and would like to support Board of Appeals request. However, he abstained from
voting.
GO SLOW-CHILDREN SIGN:
James T. Clark, 595 Foster St. requested the installation of the above-named sign on Foster St.
Request was referred to Chief LaWlor.
WARRANT OPENING:
Request received from Board of Public Works to reopen Warrant to insert Article for extension
of water service on Summer St. Warrant opened at 7:35 P.M., closed at 7:36 P.N.
SCHOOL CEFA PERSONNEL:
Letter from Seth Hudhk requested additional clerk personnel if possible under CE~A Program.
Selecem-n veted to send letter advising that, at the present time, clerk positions not avail-
able but was told there may be additional funding in Nay. They would advise.
TC~ COUNSEL-PUBLIC WO~d~S VACANCY:
Letter from Town Counsel advised Board that due to the fact that there was a candidate to be
voted on at Narch 22 election to f~]l vacancy on the Board of Public Works, they did not have
to call a meeting to fill said vacancy. Copy of letter ~ be enclosed in reply to the Bd.
of P~lic Works.
ENERGY CONSERVATION:
Mrs. ~ise~ m-tuber of the League of Women Voters, appeared before the Board to ask if an Energy
Conservation Co~itted had been appointed and referred to a 131-page blue report entitled,,,
Energy Conservation Guidelines for Cities and Towns in Nassachusetts." . The Board voted to
have Chairman of the ~.Board look into the matter.
Nini-Bus Driver Salary:
IThe Board voted the salary of the mini-bus driver for the elderly at $3.00 per hr., services
' PProm~a..rely for 30 hours per week. Letter sent to Chairman Everson, Council On Aging, ad
vising him of the Selectmen's vote and asking if the weekly schedule was adequate. ~.lso re-
quested was a weekly report on' the services rendered of the mini-bus. Copies sent to Mrs.
DiBarbo, Treasurer, Council On Aging, Town Accountant and Town Treasurer.
TOPICS -~'F~S ST~T
Chair,mW Outhrie reported to the B nard that the State Dept. of Pablic Works had met with him,
Senator Rurak, Rep. Hurrell and Mr. Rermann to discuss the long-awaited installation of' traffic
lights. Fain reason given for delay, safety factor involved...fixture had to he redesigned on
proposed hanging light. Time given for inst~-tion..4 to 6 weeks.
REOEIVED:
Letter from Thomas J. O'Leary, Jr. County Planner thanking the Board for, espec~-~y Mr.
for lending support to the continuation of the Essex County Planning Dept at the Advisory Board
hearing, February 21, 1976.
Notice of postponement of Essex Cry Advisory Rd. meeting, Naroh 6, 1976.
Copy of letter to Airport 0~.~ssion from Kenneth Hilbert re TV intarferance. Mr. Hilbert
appeared t6 be satified.
Legislative Caucus, March 10, 8 AeM. - Sheraton P~lling Green.
Easter Seal Coffee Week announced - Narch 1 through March 12.
Letter from Morr~ck V,~eY Planning Commission re C cmmmutity Development Funds. Copy sent
to Louis Ninicucci, Housing Authority Secretary.
Statement from MVPO re town's expense proportion. Chairman to find out whether state grant
had been applied to proportioned amount.
LICENSING CONNISSIONERS': .
Application received for Retail ~ackage Goods Store, Wine & Nalt Beverages, from Arthur J.
Pappathanasi d/b/a/ ~ich~,!e Superette, 75 C bickering Rd. Hearing set for 1~. rch 1~, 1976 at
8:00 P.N. To be advertised, abutters notified.
Letter from Board of Appeals re Farkas Out Door Parking license. Taken under advisement.
Approval received from ABCC for A~.lcobolic, Bet. Package Goods Store, Messina's Inc., 109
Nain St. Mr. Nassiua will be .so notified.
~D_tce M. Letarte, Secretary ,~,~,.~,~,a~* ~ /~ Clerk