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HomeMy Public PortalAboutSELECTMENS RECORDS 1976-1978 SELECTMEN'S MEETING July 13, 1976 The July 13, 1976; Selectmen's Meeting was opened at 7:30 pm with the reading of minutes of the June 22nd meeting and also the June 30th Special meeting. Mr. Arnold and Mr. Carter from Haverhill requested permission to sell pizza from a van at Plum Island. They have a state license but Selectmen wished to protect established businesses on Plum Island, so no local permit was issued. Gloria Salvo and Mr. Leonard of Plum Island discussed the piles of rubbish around the dumpsters at Plum Island Center. It was agreed that the problen is caused by persons who bring large quantities of rubbish to the dumpsters to avoid a trip to the dump. Selectman Richard Knight suggested placing a sign at the dumpsters stating that only beach and parking lot rubbish could be left there . It was agreed to try the sign and continue to monitor the situation`. Harold Pingree requested that the town dump be open one evening a week for the persons who work duting the day and are away on weekends . A letter was received from his wife asking the same increase in dump hours . No action was taken on this request. At 8:00 pm the following bids were opened and read for a new tractor-backhoe : Goodall Tractor Co. , Inc. $259000.00 less trade �1 ,200.00 $ 9,800.00 optional big thumb 900.00 installed Colcord & Sons $26,769.00 trade 19,122.00 Cost to Town, including big 7,647.00 thumb attachment. The contract was given to Colcord pending approval of John Traver, Highway Surveyor. A resident of Kent 's Island, Anthony Pizzo, entered a complaint against Dog Officer Richard Cunningham. Mr. Pizzo, who is a State Police officer, stated that Cunningham had entered state property without permission. He warned that if the Dog Officer came to his property again, he could be subject to attest for trespassing. Dog Officer Cunningham stated that he believed that he was acting within the law as it applies to his duties. Selectmen Adams, Lowe and Knight all said that they had full confidence in the way in which Mr. Cunningham was searching for unlicensed dogs. Mr. Pizzo repeated his feeling that Cunningham was trespassing and that he had received advise from a judge. At 8:30 pm bids for the sale of a 1964 Chevrolet truck were opened as follows : John Salter $200.00 Samuel Traister 260.00 The truck was sold to Samuel Traist6r as he had the best bid. Robert Colby, Moth Superintendent requested that something be done to give him some equipment to work with. Since the Chevrolet truck had been sold and the sprayer is not working, the Selectmen recommended that he hire a sprayer to spray the town trees as soon as possible. After a discussion regarding use of town owned chain saws, the Selectmen requested that a letter be sent to Bob Colby instructing him to make the chain,.. saws available to department heads on request. c� e� SELECTMEN'S MEETING July 13, 1976 (continued) The proposed Harbor School on Rolfe 's Lane presented a floor plan and fire safety plan to the Selectmen for their approval. It was stated that approval by the Board of Health, Plumbing Inspector, Wire and Fire Departments were necessary. A con- ditional approval was made on July 14th so that the school could move in on July 16th and 18th. Assessors Mills and Ilsley reported on the status of the appeal with the state on the valuation of the town. Court is called for July 19th and the Selectmen recommefided that a postponement be requested so as to give more time to prepare the town's case. The July 13th Warrant was approved for 28,857.41, and June 30th Warrant was approved for $21,833.75. A request from the Lions Club for a one day liquor license for a Monte Carlo night on July 31st at P. I. T. A. Hall was approved. A letter of resignation from Brian Berkowitz from the Personnel Board was accepted with regret. A permit for discharge of firearms at a field trial sponsored by the Colonial Retriever Field Trial Club on October lst, 2nd and 3rd at the Wildlife was approved. The meeting adjourned,,at 10: 0 pm. Respectfully submitted, W. Ashton Knight, Selectmen's Secretary 5 SELECTMEN'S MEETING July 27, 1976 The July 27, 1976 Selectmen' s meeting was opened with the reading of the minutes of the last meeting. Selectman Richard Knight reported that the town sprayer was being repaired and should be back in use very soon. Also, he reported that the new sign at the dumpsters at Plum Island Center seemed to be working good. A special Town Meeting was planned for August 4, 1976 for several transfers and a pos- sible change in zoning. Ted Cole of Ted's Mobile station in Byfield requested con- sideration for emergency road calls. The request was taken under advisement. John Wing stated that new hot top on the corner of Walton Drive and Maple Terrace had taken off about 10 feet of his lawn. Highway Surveyor John Travers will investigate and may place a barrier on the corner. Ryeburn Lynch, Chairman of the Zoning Board of Appeals was given permission to get advise from Town Counsel James Lagoulis regarding a request from a developer for an elderly housing project on Rolfe 's Lane. David White presented a complaint regarding surface water running from: 45th Street on Plum Island into the basement of his home. John Travers will attempt to direct the water with a hot top curbing. Raymond Merrick requested permission to operate an auto body shop in his garage on South Pond Street. This request was denied because of zoning regulation, and he was advised that he could appeal to the Zoning Board of Appeals. A letter was received from the state highway approving highway signs which will be available in the fall of 1976. The Select- men directed the Secretary to write a thank you letter to Mr. Joseph DeAngelo at District 5, State D. P. W. Mr. Leonard reported on his observations at the Plum Island Center dumpsters. He said that 3 pickups should be made each week and he presented a list of registration numbers of persons who had dumped quantities of rubbish into the dumpsters. He said that he would go to court as a witness and Police Chief Daniel Orfant stated that he would proceed with further in- vestigation. Assessors Becker and Mills reported that they have found many new buildings that have not received building permits. Build- ing Inspector David Caldwell stated that with the new state building code to be studied and his problems with the Byfield Water supply that he has not had enough time to spend on t inspections around town. A discussion was held regarding car parts around the Plum Island airport and David Caldwell - was told to investigate the airport operation and report back. Arthur 2'occi's res ,gnation from the Zoning Board of Appeals was accepted with regret. A request from Merrimack Valley Planning Commission for a joint meeting with Rowley and Boxford in Newbury Town Hall on September 15th was approved. A request from..Ould Newbury Golf Club for permission to run a Monte Carlo night was given to the town clerk for completion. SELECTMEN'S MEETING July 27, 1976 (continued) In areply to a letter from Paul Galvanek regarding perking lots on Tordham Way, he was requested to be present at the August 10.tth meeting. It was reported that the state highway department have repaired the broken drain on Parker Street near Ed Kelly's house. State Engineers are making plans to replace 200 feet of broken pipe in Mr. Kelly's back field in the near future. The meeting adjourned at 9:45 pm. Respectfully submitted, W. Ashton Knight, Selectmen' s Secretary 9 SELECTMEN'S MEETING August 10,1976 The August 10, 1976 Selectmen' s Meeting was opened at 7:30 pm with the reading of the minutes of the previous meeting. They were accepted as read. Highway Surveyor John Travers reported that a cuhb had been installed on the corner of Walton Drive and Maple Terrace to protect John Wing's lawn. Paul Galvanek was present to discuss parking lots on Southern Boulevard and Fordham Way. He believes that Roland Moore is operating an illegal parking lot on Fordham Way. Mr. Moore stated that he had purchased 2 lots , No 12 and No. 13 many years ago and had used them as a parking lot. Recently he had purchased lots No. 9 and No. 10 and believed that he could park cars on them also. Selectmen reserved their ruling until they had consulted with Town Counsel and the subject will be continued on August 24. Prescott Spaulding was hired to build the new approach road to the dump and to compact and bury all material at the sanitary landfill starting August 18. William Burns was sent a letter thanking him for his service at the dump and telling him that becuase of State requirements for a heavy bulldozer his services would no longer be needed after August 15, 1976. Urs Dur requested that a new master plan be considered to include a special plan for each lot in any business area. Selectmen took no action on this request. A discussion regarding improvements to town hall resulted in the Selectmen giving instructions to the secretary to follow up the use of Federal Funds for the project. These improve- ments would include insulation, painting, refinishing of the office space, security alarms, a handicapped ramp and temperature control for the vault. Another project needing funds is the repair of White 's Bridge and resurfacing of town roads. Highway Surveyor John Travers stated that he was seeking State Aid for this necessary work. The Selectmen's Meeting of September 14th was changed to September 13th because of the election on the 14th. A hearing on a dog complaint from Mrs. Castelluzzi was scheduled for August 24th at 8:00 pm. Insurance was placed on the bronze sh6p which will be dedicated and instlled on the Lower Green monument on August 28th. The Meeting adjourned at 9:45 pm. Respecfully submitted, W--a,;-, )Lil� W. Ashton Knight, Selectmen's Secretary August 18, 1976 On August 18th, the following were drawn for jury duty: Benjamin Poor, 121 High Road; M. C. Hollenbick, 80 Central Street; and Richard McHale , Lenway Road. A workshop was held on August 18th with David Caldwell, Walter Mill,,,,Prea�iisle:yl --:Curt Walton and all three Selectmen. Mr. Walton had been in contact with the Economic Development Ad- ministration regarding the new Public Works Employment Act. He reported that preliminary applications for funds would be accepted on Friday, August 20, 1976. SELECTMEN'S MEETING August 18, 1976 (cont. ) After much discussion the Selectmen approved an application for money for 4 projects as follows : 1. Establishment of Oldtown waterworks system with enjoinment and continued development of the Byfield Water District , within the Town of Newbury. 5 million 2. Modernization of town hall to comply with State and Federal standards. $45,000. 3. Upgrading and improvement of public roadways. $500,000. 4. Reconstruction of bridge for safety of school buses and fire fighting apparatus. 1.5 million, This application was delivered to the Boston office of Economic Development Administration by Curt Walton on Friday morning, August 20. Respectfully submitted, W. Ashton Knight Selectmen's Secretary 13 SELECTMEN'S MEETING August 24, 1976 The August 24, 1976 Selectmen's meeting was opened with the reading of the minutes of the previous meeting. Mr. and Mrs . Roger Thurlow, 87 Hanover Street , renewed their complaints regarding noise from the MacDonald Trucking Cio pang '�ara�e` on H'�©�re.r Street. They stated that the noise from the garage disturbed their sleep and insisted that Selectmen enforse the restrictions as listed in a November 26, 1975 letter to MacDonald. Building Inspector David Caldwell said that he questioned what constituted a nuisance in an industrial zone . Mr. George Davis, 65 Han- over Street , reported that the MacDonald garage looked like a junk yard and that many trucks were repaired that did not belong to MacDonald. Chief of Police, Daniel Orfant, stated that his department had answered many complaints and he believed it was a matter for the courts because there was no penality for not obeying the town' s by-laws. The Select- men decided to get further advise from Town Counsel and to continue discussion on September 13. A public hearing was held at 8:05 pm on the complaint of Lorraine Castelluzzi, 31 Parker Street against Daniel Orfant and his dog carrying dog tag No. 412. Attorney Lallier represented Mrs . Castelluzzi and he requested that the complaint be handled by the County Commissioners but the Selectmen said they would hear the complaint . Mr. Lallier produced 9 photographs showing flower gardens on Mrs. Castelluzzi 's property. One picture showing a dog was withdrawn and the other 8 were accepted as evidence in the complaint. They were marked by the Secretary, C & 0, and dated August 24. Mrs . Castelluzzi was questioned after being sworn in and she stated that Orfant ' s dog had damaged her flower garden about Memorial Day and she had pulled the dog out of the garden by his collar. The collar came off and she returned it to Daniel Orfant`s brother. Also, on July 10, the dog was in the flower garden and she pulled him out of the garden and his collar came off. Mrs . Castelluzzi stated that the dog was not vicious but it is a nuisance. He -loves to dig and he also has scratched -on the house and screen door. Chief Orfant asked when. the pictures were taken and Mrs . Castelluzzi answered on z_> • August 9. He stated that he was at her house on July 10 but did not see any damage to the flower gardens. Dog Officer Richard Cunningham said that he had not received any complaints from Mrs . Castelluzzi but that he knew the dog in question was a big puppy and not vicious. He recommended that the dog not be restrained. The Selectmen took the matter under advisement . Later on in the evening they were unanimous in deciding that there was no proof that the dog was vicious and therefore no grounds for restraint of Orfant ' s dog. Mrs. Simpson presented a statement with 45 signatures requesting that the town do something about beach erosion south of Plum Island Center. She stated that all property owners from the center to Dartmouth Way would sign land releases to the town. She requested that the area be filled with sand similar to the area north of the center. The Secretary was instructed to contact the Corps of Army Engineers to see if they could protect the cottages from the ocean. A letter was received August 30 from Colonel Mason telling that the Corps study should be completed in October but there was little hope that any work would be done at Plum Island. Mr. MacDonald, Mrs . Martin and Mrs . Muscavitz from the Harvard Way and Independence Way area of Plum Island requested some action by the town to rid their neighborhood of an investation of web worms. They said that the worms were crossing roads and were inside of some houses , causing a great deal of discomfort . Jerry Mansfield, representing Senator Saltonstall and the Department of Agriculture was present and said that SELECTMEN'S MEETING August 24, 1976 (cont. ) many towns were in the same position and nothing can be done but wait until cooler weather. It was pointed out by the Selectmen that the worms should have been sprayed in June before they had a chance to multiply. Moth Superintendent Robert Colby reported that he had sprayed the area but that approved insecticide was not strong enough to kill the worms. Arnold Collis suggested that the new hours at the Sanitary Landfill starting September 1 would he 8-12 and 14 on Monday, Wedensday and Saturday. It was so voted. Mr. Ryeburn Lynch, Chairman of the Zoning Board of Appeals, requested the Selectmen ' s opinion on a possible connection of a Rolfe 's Lane Housing for the Elderly to the Newburyport sewer. The Selectmen stated that the devel6per should make his own arrangements with Newburyport. A request from the Council for the Aged for use of a desk and phone in Town Hall was approved. The meeting was adjouned at 10:45 pm. Respectfully submitted, L W. Ashton Knight, Selectmen's Secretary a 17 SELECTMEN'S MEETING September 13, 1976 The Selectmen's Meeting on September 13, 1976, was opened by Chairman Alan Adam.s at 7J530 pm. The minutes of the previous meeting were approved as read. Mr. John McKeon presented a petition signed by 42 persons requesting the Selectmen to hold a special town meeting to see if the town will vote to raise Old Point R Ad and Sunset Boulevard at a cost of $155,988.50. The Selectmen said that money cannot be appropriated at special town meeting so this must wait until the annual meeting in March. Since the State raised Plum Island Turnpike they may be responsible for flooding of Old Point Road and Sunset Boulevard. A letter was sent to the State Department of Public Works requesting that they find money for this project. Mr. Roland Moore was present with his lawyer and presented letters and copies of checks which they said proved that parking lots on Fordham Way, Plum Island were used every year. The Selectmen could not see as these letters proved anything. After some discussion the Selectmen suggested that Mr. Moore should apply to the Zoning Board of Appeals for a variance on his parking lots. Stanley Spyrka requested permission to build a house on an existing foundation on Boston Street near Route 1. The foundation has been there 18 years but his plans' to build a house were delayed until the present . The Selectmen told him that he must get an Engineets plan and meet all present town regulations and then he could apply for a building permit. Mr. and Mrs . Roger Thurlow were present to continue discussion of their complaints of noise at MacDonalds Garage on Hanover Street. Mr. MacDonald had been notified .of the hearing but he did not show up. David Caldwell, Building Inspector, reported that he had visited the area in question and had observed an automotive repair shop, body and paint shop. The latter is not a permitted use in his opinion. He was instructed to send MacDonald a letter reminding him of the law on increase in business . The Selectmen conferred with town counsel, James Lagoulis and he advised court action to enforce regulations as se:rlt to MacDonald on November 26, 1975. The Selectmen were unanimous in their vote to instruct Mr. Lagoulis to begin court proceedings. Highway Surveyor John Travers reported that he had been to District 5 State Highway requesting assistance on repairing ` White 's Bridge . He believed that the state would help by paying for some of the materials for the bridge. Mr. Travers also reported that the drains at Plum Island center were clear and running into dry wells on town }property. The Secretary was instructed to call Paul Daubitz regarding possible purchase of some of his lots on Annapolis Way to be used in the future for drainage . Selectman Richard Knight suggested that small trees could be set out on the smooth section of the town dump. It was agreed that it was a good idea but a check will be made to see that the State Board of Health gives their approval. Arnold Collis requested permission to purchase or rent a small camping trailer for shelter at the sanitary landfill . The Selectmen told him to get prices and -report at a later meeting. t. 19 SELECTMEN'S MEETING September 13, 1976 (cont. ) The following jurors were drawn: William Doyle and Harry Perkins for October 4th at Salem. Charles Bosworth and Marc Steel for October 4th at Lawrence . Ruth Karahalis and Richard Stewart for October 12th at Lawrence. A permit for LasVagas night was signed for Protection Fire Company No. 1 for September 18th. A Wine and Malt license for the Country Club and a Milk license for Idlenot Dairy of New Hampshire were approved. After a discussion regarding business permits issued by the Town Clerk it was decided to instruct him not to issue any business permits until the applicant has met all zoning regulations. Dr. Trainor and Richard Joy were present to discuss the acceptance of students at the Elementary and Triton Schools from the Harbor School , Inc . on Rolfe 's Lane. Since the Harbor School is receiving state funds for educating these state wards , the town school authorities believe that the town must be reimbursed for educating any of these persons from Harbor School . Board of Health Agent Richard Knight stated that many safety and health requirements had not been met at the Harbor School and representatives of the school should come to the next Selectmen's meeting on September 28. The payroll was approved for $37,158.46. The meeting was adjourned at 10:10 pm. Respectfully submitted, W. Ashton Knight Selectmen's Secretary e 11 �A SELECTMEN'S MEETING September 28, 1976 The September 28, 1976 Selectmen' s meeting was opened at 7:30 pm with the reading of the minutes of the previous meeting. 11 John McKeon reported that the high tide had flooded Old Point Road and Sunset Boulevard on September 27. He requested some action especially at the curve on Old Point Road where the water was 10 to 12 inches deep. The edge of the road cannot be seen when covered by the tide and John Travers said he would place posts on the curve as a guide to traffic . No report has been received from the State 'Department of Public Works regarding raising the road and the Secretary was instructed to call the state for a report of progress . Also, the Essex County Mosquito Control men were asked".to dig out the ditches in the area to improve the flow of water. Arthur DeMauro, manager of the Harbor School went osier a checklist of complaints from local inspectors. regarding his operation on Rolfe 's Lane . He said that his electrician is working and the entire house is being rewired. Fire drills have been conducted by the Fire Department and he claims that there are enough fire exits . The state inspector, Mr. Halloren, has made 2 inspections but no written report is available. Mr. DeMauro stated that the Harbor School is considered a group home so they have the same regulations as a private home. Selectman Richard Knight stressed the importance of safety and requested that all deficient items be completed as soon as possible . Mr. DeMauro hoped that by the middle of October all work would be complete. The Fire Chief, Wire Inspector and Plumbing Inspector were all asked for written reports of their inspections . Members of the Bicentennial Commission were present with Chairman Urs Dur as spokesman. He asked that a Historic Study Committee be appointed to carry on the work started by the Bicentennial Commission and to make recommendations regarding Historic Districts . Later on in the evening the Selectmen appointed the following persons : Mrs . Worthern Taylor, Sr. , Ms . Dianne Emerson, Mrs . Christopher Armstrong, Mrs . Hope Bradshaw, Mr. Ashton Knight, Mr. Edward Brown, Mr. James Lowe, ' and Mr. David Yessair. John Travers and James Lowe reported on a meeting in Danvers District 5, State Department of Public Works regarding state financing for local. road and bridge repairs . There is no money available now, but Chapter 825 funds may come later and gas tax money may be used on highways if voted at town meeting as available funds . Mr Travers was given the go ahead to repair White ' s Bridge. The payroll was approved for $&4,015.94. The Ladies Auxilary of Protection Fire Company No. 2 were given permission to hold a rummage sale on October 9 at the Upper Green, James Rhodes , a Community Development engineer was present to tell Selectmen that he is working with several towns on applications for Federal money and he would like to assist Newbury. His fee would be included in the grant so there would be no cost to the town. The Public Works Act was also discussed and he will follow up other details and report at the meeting on October 12, 1976. Donald `Woodbury, Coleman Road, was appointed as a member of the Personnel Board. The meeting wadjourned at 10:15 pm. Respecfully submitted, W. Ashton Knight, Selectmen' s Secretary SELECTMEN'S MEETING October 12, 1976 The October 12, 1976, Selectmen's Meeting was opened with the reading and. acceptance of the minutes of the previous meeting. The Selectmen went into executive session with Attorney Robert Rudolph who is representing the Selectmen in a suit brought by Ould Newbury Associates. Mr. Rudolph was given authority to go ahead with the case on October 13, 1976. Police Chief Daniel Orfant conferred with the Selectmen regarding the need for new police officers to replace those that are leaving the force. He will make definite recommenda- tions at a later time . The Chief also asked .the Selectmen to approve a list of rules and regulations for the police department. Returning to the open meeting the Selectmen received a report from Wire Inspector Donald Mutch on the Harbor School in- spections . A copy of his inspection slip was entered into the record. This showed a memo of 3 items to to be upgraded before the final inspection.. The following jurors were drawn: Frank Knowlton and Charles Purinton for Salem court and Mary MacKenzie and William W. Doyle for Lawrence court. Dave Scott was present to discuss-:-a possible contract with his consulting company for work on preparation of an applica- tion for Community Development Funds . The Selectmen were in agreement with the terms of the contract but suggested that it be checked by Town Counsel before final approval. Jay Garand was present to answer complaints regarding his geese which had chased the daughter of Mr. and Mrs . Alfred Thurlow on Marsh Avenue . After some discussion, Mr. Garand stated that he was -in the process of disposing of the geese . Robert Colby requested the removal of a cease and desist order on his Hay Street property. The Selectmen referred to a County Engineer' s plan of the area at the intersection of Kent 's Island Road and Hay Street . According to this plan, Colby has dug a well on town property. Selectmen told him to contact the County Engineers and that he must prove ownership of the land in question. Thomas Howard, Byron 'Reynolds and Donald Grover were appointed as part-time police officers. During a discussion of the opening of .a polluted area of the Plum Island River clam flats by the State it was decided that only Newbury residents can dig and they must have a commercial license . The Town Clerk was instructed to issue a special license for the polluted area and the clammer will forfeit his regular license. No fee will be necessary and a time limit will be set before a person can be a resident. The Payroll was approved for $29,435.72. The Planning Board was notified that the Board of Health took no action on the plan of Sea View Realty Trust for a develop- ment on Old Pine Island Road. A letter was received from Joseph Doyle in which he asked several questions about the Harbor School on Rolfe 's Lane. A reply was sent to him along with a copy of an opinion from Town Counsel which states that the Harbor School is exempt from Town .joning regulations. A request for a street light was received and filed. The Selectmen plan to include new street lights in next year's budget. The meeting was adjourned at 10:20 pm. W. Ashton Knight ;Selectmen' s Secretary 25 SELECTMEN'S MEETING October 26, 1976 The October 26, 1976 Selectmen' s Meeting was opened at 7:30 pm by Chariman Alan Adams . Bob Campbell presented a proposition to the Selectmen whereas he would scrape the sides of town roads and deliver the scrapings to the town sanitary land fill for $1.25 per yard. The Selectmen took his offer under advisement until after they have talked to the Highway Surveyor, John Travers. By unanimous vote the Selectmen voted to close the percolation tests from November 15, 1976 to April 15, 1977• Charles Bashaw, representing the Byfield, Water District , requested slime action regarding the proposed agreement between the Board of Health and the State Department of Public Works on salt run-off from the New 195 in the vicinity of Larkin Road. The Selectmen instructed the Secretary to send a letter to Engineer Tierney telling him that the agreement as proposed is not acceptable. A meeting of interested parties was planned for November 17 to discuss this agreement. Also, a letter was sent to Engineer Eidelman of District 5, Department of Public Works requesting that the street leading to the Oriental Inn and the new street off Old Fruit Street be taken as town roads . The weekly payroll was approved for $88,399.25• John Karahalis was appointed as an associate member of the Zoning Board of Appeals. The placing of a box near the front door of Town Hall for a book drop was approved. This could be used by persons who had books to be returned to the Town Library. A Department head meeting was planned for the evening of November 16, 1976. The Building Inspector and the Agent for tb.e Board of Health were requested to inspect the property of Robert Colby on Hay Street and Kent ' s Island Road and report at the next meeting. A report from the Board of Fire' Engineers on their inspection of Harbor School on Rolfe ' s Lane was received and filed. The meeting adjourned at 9:00 om. Respectfully submitted, W. Ashton Knight Selectmen' s Secretary 27 SELECTMEN'S MEETING November 9, 1976 A regular meeting of the Newbury Selectmen was held in Town Hall at 7:30 pm on November 9, 1976. The minutes of the previous meeting were read and accepted. Arnold Collis reported that Prescott Spaulding had purchased a camping trailer to use for shelter at the Sanitary Landfill . Mr. Spaulding requests that an area be enclosed by a chain link fence to protect his trailer and other equipment. Mr. Collis presented two quotations on the fence as follows : Tip Top Fence Company - $940. installed Atlantic Coast Fence Company - $595• installed The Selectmen were unanimous in their vote to have the fence installed by Atlantic Coast as they were the lowest bidder. The Selectmen requested that an agreement be signed by Mr. Spaulding so that the town would not be liable for any damage to Mr. Spaulding' s property while stored at the sanitary landfill. This agreement was signed on November 12, 1976. The following jurors were drawn by the Selectmen: Charles Plummer for Salem Court on December 6. Harold Pingree for Lawrence Court on December 6. The State D. P. W. plans for relocation of Elm Street around Gov. Dummer Academy were examined and approved by the Selectmen. The winter NO PARKING ban on town streets was voted to be in affect December 1, 1976 to April 1, 1977. A request from J. Allen for a change in a pole location on Old Pine Island Road was approved by unanimous vote. The weekly payroll was approved for $$49,271.76. The Preliminary Plan for Fordham Way as prepared by the County Engineers was reviewed and a meeting with the abutters and County Engineer Carlin was planned for November 23. Notices were mailed out to the abuttors on November 18, 1976. The department head meeting was changed from November 16 to November 30 because of several conflicts . Chief of Police Daniel Orfant was given permission to use Town Hall three evenings in December for a gun safety course to be conducted by Officer Robert Fblger for persons 14 to 18 years of age . At 9:00 pm the Selectmen heard Mr. Roland Moore ' s lawyer give a resume of the parking lot situation on Fordham Way, Plum Island. He presented three additional affidavits from residents in the area stating that all lots had been used for parking for 25 years. The Selectmen voted to allow Mr. Moore to continue parking cars on all four lots .. as they ruled that there was no proof of any violation. The meeting adjourned at• 9:15 pm. Respectfully submitted, W. Ashton Knight , Selectmen' s Secretary 29 BOARD OF HEALTH MEETING November 17, 1976 A meeting of the _Board of Health was held in Town Hall , 25 High Road at 7:30 pm, November 17, 1976 for the purpose of clarifying or resolving an agreement with the Commonwealth on it ' s obligation to the Town and Byfield Water District as regards pollution of the Parker River by runoff from Route 195• Present were Alan I Adams , James A. Lowe and Richard H. Knight of the Board of Health; Charles J. Bashaw and Charles K. Bosworth of the Water Commissioners and Donald Horgan, Richard Wirley and Raymond Morris of the Massachusetts Depart- ment of Public Works. In the course of discussion it was stressed by the Water Commissioners that what was desired by the Water District was an assurance by the Commonwealth that in the event of choloride pollution of the wells that another source of water would be supplied, not a cash settlement as proposed in the text of the agreement favored by the Commonwealth. It was stated by the Water Commissioners that in three explorations and an expenditure of over fifteen thousand dollars ($15,000) , no new source of water has been found and because of this , the Parker River will be the last resort in case of well failure. It was agreed that it is impossible to remove chloride from the river once it has leached into it and as it already shows a considerable contamination, concern is justified. It was also stated by the Commissioners that during blasting operations on Route 195 in the summer of 1976, it was necessary to shut down the well and. clean it and chlorinate the water for a period of nearly two months before it could be approved by the Massachusetts Department of Public Health, during which time the District was completely dependant on the Town of Georgetown for it ' s water supply. This problem was a matter of great concern to the Commissioners as well as an expensive operation for the District. It was stated that 36 inch drain from Route 195 extending past the well field was not a sealed joint drain and as such it could not be considered 100% effective. It was further stated that with all the proposed safeguards applied for protection of the river, that the runoff from Wheeler Brook, which is a tributary of Parker River and is carrying the runoff from the Georgetown area of 195 may be a bigger source of contanination than any other mentioned. A spirit of co-operation prevailed among all present and the engineers from the Massachusetts Department of Public Works agreed to discuss the problem with their superiors and return for a meeting with the Water Commissioners to be held December 21, 1976 at the Byfield Fire Station at 8:00 pm. The meeting adjourned at 9:30 pm. Respectfully sugmitted, James A. Lowe, Secretary SELECTMEN'S MEETING November 23, 1976 A regular meeting of the Newbury Selectmen was held in Town Hall at 7:30 pm on November 23, 1976. The minutes of the previous meeting and the minutes of a Board of Health meeting on November 17, 1976 were read and accepted. Alba Seeley, , Chairperson of the Registrars of Voters read a report and a request from the Registrars of Voters . She stated that there had been some difficulty on Plum Island when the Registrars were taking the annual census . She requested help and suggested that the police might take the census . Town Clerk Ralph Lowell informed the Selectmen that the Registrars of Voters could hire other person.s. to do the census if they so desired. The Selectmen agreed that this was so and also that the police would be the logical ones for the job. William Helms of Plum Island Turnpike requested permission to run a business in a building near the corner of Southern Boulevard. As this is a residential area the Selectmen suggested that he contact the Zoning, Board of Appeals for a variance. A public hearing was held at 8:00 pm on the request of Charles Pilcher to transfer the Beachcomber liquor license to his name. He stated that he had bought the property and was in the process of washing and painting; the interior of the building with the help of his family. ` There was no opposition to his request and the hearing was closed. The Selectmen took his request under advisement . Later in the evening they voted unanimously to transfer the Beachcomber liquor license to Mr. Charles Pilcher of Tewksbury. Mr. Richard Walsh gave thanks to the Fire Company for a fine response at his recent fire and preventing the spread of the dangerous fire . He presented a detailed verbal report of harassment , vandalism and burglary at his Little ' s Lame property since August 11. He had .kept a log of the calls madO to police regarding the above and also attemped arson and theft of gasoline . However, his log was lost in the fire . The Selectmen asked him to list his various complaints against the police department in writing for their consideration. County Engineer James Carlin presented prelimenary plans for Fordham Way as prepared by his 'surveyors . Several property owners were present to view ,the plans and comment on the alignment of Fordham Way. On the corner of Southern Boulevard and Fordham Way there is a conflict where the street line goes through a house owned by Atkinson. Mr. Carlin requested that a release be signed by Mary Morse , owner of the house on the other corner_ , to move the street about 7 feet south and clear the house of Atkinson. The work of Moth Superintendant Robert Colby and the cutting of two big elm trees at Upton Farm, High Road, was discussed. Mr. Colby was not present because of illness . The Selectmen wish to establish the authority for work on trees on the state highway. The payroll for tree work was held up pending the result of the investigation. Highway Surveyor John Travers reported that the town wharf at Parker River had been all rebuilt with new lumber. The Selectmen complimented him on a job well done. The payroll was approved for $136,679.44. 33 SELECTMEN'S MEETING November 23, 1976 (cont . ) Mr. Travers requested an additional radio for the sander to give better communication during the coming winter. His re- quest was approved and the radio will be charged to the balance of the tractor account . Dog Officer Richard Cunningham made a complaint against a dog that is alleged to be a killer of fowl. A hearing on the case was set for December_ 141 1976. It was voted to request the town to transfer $4306.00 from the Public Works Federal Act to the Highway Labor Account . Sam Noyes reported that he is working for Newburyport Fiber- glass and they would be ready to assist the police depart- ment with their wrecker in any emergency. The meeting was adjourned at 9:25 pm. Respectfully submitted, W. Ashton Knight, Selectmen' s Secretary December 6, 1976 Ben Poor, High Road was drawn for Grand Jury on January 3, 1977 by Selectman James A. Lowe. 35 SELECTMEN'S MEETING December 14, 1976 The December 14, 1976 Selectmen' s Meeting was opened at 7:30 pm by Chairman Alan Adams. The Secretary' s report was accepted as read. Arnold Collis reported that the Sanitary Landfill was busy but in good condition. On his request the Selectmen said the Sani- tary Landfill would be closed on Christman and New Years. The weekly payroll was approved for $30,813.65. At 8:00 pm a hearing was opened on a complaint of Dog Officer Richard Cunningham against a dog owned by Michael Castelluzzi of Parker Street. Mr. Castelluzzi was represented':rby Attorney Thornton Lallier and he protested the good faith of the hearing before the Selectmen and requested that the hearing be referred to the County Commissioners. The Selectmen were unanimous in their vote to go on with the hearing. Everyone involved in the hearing was sworn to oath by Town Clerk Ralph P. Lowell. Richard Cunningham reported the various events of November 18 and 20 on Parker Street. Fie received a call from Chieff Daniel Orfant at 8: 56 am on November 18th regarding dogs in his back yard at 37 Parker Street. There he found that they had a new young dog. Mr. Cunningham looked at the dog and then warned Mrs. Castelluzzi that this type of dog was a known chicken killer. On November 20th at 7:40 am, Mr. Cunningham received a telephone call from Orfant saying''that he had shot a dog in his back yard after the dog had killed a chicken and a goose. Orfant reported that he had shot 2 warning shots before hitting the dog that then ran towards Castelluzzi ' s house. Cunningham found. a bleeding dog at Castelluzzi ' s and advised them to take the dog to a vet which they did. Dog Officer Louis Moisan of Rowley had investigated the dog complaint and his report gave the same facts as Cunningham and Orfant. Attorney Lallier questioned Cunningham_-: and Orfant at length. The questions and answers are on file in the Selectmen' s office. The hearing was closed at 8: 55 pm and was taken under advisement by the Selectmen. By unanimous vote the Selectmen ruled that Castelluzzi' s dog, with dog tag No. 922 must be restrained for one year from December 14, 1976. Mr. Flannery from the M.V.P.C. reported that they are conducting a study of Plum Island as a whole and would request cooperation from the Selectmen's Office. The Selectmen approved the study and would like to see the report in first draft as soon as available. Mrs. Kirally from Withington Street entered a complaint about a new building on the property of Richard Casey on Kingsford Street. She feels that Mr. Casey is going to operate a machine shop in the building which was built on a building permit for a two car garage. Building Inspector David Caldwell reported that in fact Mr. Casey .was running a machine shop in his basement and planned to move into the new building. Caldwell also said that our By-Laws are not specific enough and should be rewritten. No action was taken by the Selectmen. Mr. Caldwell reported on the result of his investigation at the Colby house on the corner of Kent ' s Island Road. He found that people were living at the house with no occupancy permit. He told Mr. Colby to move the people out of the house and Mr. Colby furnished a copy of a letter which he sent to the occupants telling them to move out. Mr. Caldwell also reported that a person was living in a house at 160 Orchard Street with no water. 37 SELECTMEN'S MEETING December 14, 1976 (cont. ) The application of the Harbor School to occupy a second house at 28 Rolfe ' s Lane was not approved by the Boardqof Health . They are waiting for approval from Newburyport on the increased flow of sewerage. Mr. Stephen Cunningham presented a resume of his feeling regarding his being dismissed from duties as a police officer by Chief Orfant on December 10, . 1976. Letters received: from Cunningham are on file in the Selectmen' s office. The Selectmen decided that Chief Orfant had the authority to dismiss Cunningham as he was still within his six months probation. The meeting adjourned at 10:40 pm. Respectfully submitted, W. Ashton Knight Selectmen' s Secretary December 17, 1976 Selectman Richard Knight drew the following jurors : Patricia Frost , High Road for Salem - January 3, 1977. Lawrence Barry, Jr. , 1 Railroad Avenue for Lawrence - January 3, 1977. Howard Reed, Hanover Street for -Salem - January 10, 1977. Janet Noyes , 50 Green Street for Salem - January 3, 1977• SELECTMEN'S MEETING • December 28, 1976 The December 28, 1976 Selectmen' s Meeting was opened with the reading of the minutes of the previous meeting. A confirmatory or Quitclaim Deed was signed by the Selectmen to clear the title on property owned by, Edwin Leavitt on the corner of Moody Street and South Street. The weekly payroll was approved for $10,107.02. A request for a transfer from the Reserve Fund was signed by the Selectmen. This transfer would add $1750.00 to the legal services and $1000.00 to the Wharf at Parker River account. The Selectmen requested that a letter be sent to the J.B.F. Scientific Corp. This company is preparing a study for maintenance dredging of Newburyport harbor for the U.S. Corp of Army Engineers. It is hoped that the dredged material can be used to nourish the eroded beach front in Newbury. A letter was sent to Richard Walsh in reply to his list of many calls to the police department regarding harassment and thefts at his Little 's Lane farm. In the letter the Selectmen stated that they found no reason to reprimand the police department since their log showed many responses to calls from Mr. Walsh between July and November of 1976. The Planning Board met with the Selectmen at 8:00 pm. Chairman Steve Moore presented 3 items for consideration. 1) A request to use Town Counsel Lagoulis to represent the Planning Board. Permission was granted by the Selectmen. 2) A tentitive plan for a development between School Street and Central Street as planned by a Mr. Hyde' was discussed. It was agreed that a better plan for drainage must be developed ,> before, -this- proposal could be considered. 3) Several proposed changes in the Zoning By-Laws were presented to comply with Chapter 808 and the Flood Insurance regulations `6o, �eto; hprove :our:_,present inadequate Zoning By-Laws. After some discussion it was decided that the Planning Board should hold several public meetings before presenting the amendments to the Zoning By=laws at the March Town Meeting. Betty Harwood, Library- Trustee gave a report on her discussion with the State Library Commission regarding a request from Newburyport that Newbury pay for library services. The Selectmen agreed that Newbury does not owe Newburyport. A copy of the letter of 1974 which states that the town voted to terminate payments to Newburyport was sent to Mayor Matthews and Town Counsel Lagoulis. A duplicate Beer and Wine license for P J's at Plum Island to replace a lost license was signed by the Selectmen. The-meeting adjourned at 9:30 pm. Respectfully submitted, W. Ashton Knight Selectmen' s Secretary 41. SELECTMEN'S MEETING January 11, 1977 The January 11, 1977 Selectmen' s Meeting was opened at 7:30 pm by Chairman Alan Adams . The minutes of the previous meeting were accepted as read. The following jurors were drawn:` Al Rock, 42 Central Street for Lawrence February 7 and Ed Noyes , Green Street for, Salem February 7. Steve Moore, Chairman of the Planning Board conferred with the Selectmen regarding the proposed articles for zoning changes . The Selectmen voted to include these articles in the warrant for the Annual Town Meeting in March. The weekly payroll was approved for $13,610.86. Tree Warden Robert Colby was present to inquire who was cutting trees on Boston Street near Sled Street. He said many trees had been taken down and others were damaged. Highway Surveyor John Travers stated that his men had removed some trees to widen the road for safety reasons but he knew nothing about the damaged trees . Selectman Richard Knight made a suggestion that any person must submit the results of tests made on any diseased tree before the tree is taken down. There was no action taken. Arthur DeMauro, Director of the Harbor School, was present to request approval from the Board of Health for a second Harbor School at 28 Rolfe ' s Lane. As the sewage disposal is through a connection to the Newburyport sewage plant, the Newbury Board of Health felt that the Newburyport officials should give approval. There was no agreement as to who would be responsible for repairs if any break occurred in the sewage pipe .under the Newbury section of Rolfe ' s Lane. Building Inspector David Caldwell stated that he could not: issue a building permit to Harbor School until after approval of the sewage system by the Board of Health. Approval was not given and Mr. DeMauro was informed that he might have to resort to an on-lot sewage system before he could move into 28 Rolfe 's Lane. Jeret Johnson and Anthony Samsel, engineers who are working for the Corps of Army Engineers on plans to dredge the New- , buryport harbor, reported on the proposed methods of disposal of dredged materials. A hooper dredge might be used and the surplus material would be dumped into the ocean. The Engineers said that if it were possible to use a hydraulic dredge , then the material could be pumped to the erosion area of Plum Island in Newbury. However, about $100,000 additional money. would be necessary to move the 100,000 cubic yards of material and they expected the town or state to pay the $100,000. The Selectmen requested help from Senator Saltonstall to locate funds from the state for this project. The meeting adjourned at 10:10 pm. ' R e, 1 s mitt W. Ashton Knight, Selec men' s Sec . January 18, 1927 January 18, 1977, a budget workshop was attended by all three Selectmen. The Police, Highway, Assessors , Treasurer-Collector and Town Clerk budgets were discussed at length. The budgets as presented by department heads were approved with a few changes. The following jurors were drawn: John Gray, Anchors Way and Charles Bashaw, Sr. , Central Street. W. Ashton Knight , electmen's Sec . 4 '. SELECTMEN'S MEETING January 25, 1977 The January 25, 1977 Selectmen' s Meeting was opened at 7:30 pm by Chairman Alan Adams . The minutes of the previous meeting were read and accepted after one error was corrected. A letter to the State Library Commission was signed by the Selectmen. This letter was written by Mrs . Harwood and gave many facts about Newbury and our new Library. Conservation Commission member Kenneth Webber spake regarding the promotion of a project for bikeways in Newbury and particularly on Plum Island Turnpike . The Selectmen endorsed the project and encouraged Mr. Webber and the Conservation Commission to continue the plans . Charles Graham, an attorney for Mr. Cole , Mr. Hicks and Newbury- port Fiberglass stated that he presented a grievance against the town and thh police chief. He said that the three persons that he represented all owned tow trucks, but were not being hired for- work in the Town of Newbury. He also stated that the Selectmen have the power to set the policy for the police department. However, the Selectmen said that department heads had the authority to hire outside equipment without consulting with the Selectmen. Chairman Adams said that this matter should have been on the agenda when Chief -Orfant was present. Mr. Graham had not called for an appointment but he asked to be placed on the agenda for the next meeting and he and his clients were told to be present at 9:00 pm on February 8. The following transfers were approved from the Reserve Fund to : Dutch Elm Disease , $500; Blue Cross , $3,000; Insurance, $139:5; and Town Garage Maintenance , $600. The weekly payroll was approved for $26,236.00. Building Inspector David Caldwell requested clarification of the Harbor School request for Board of Health approval on the sewage use at 28 Rolfe 's Lane. The Board of Health decided that Harbor School must employ an engineering firm to study the sewage system on Rolfe 's Lane in Newbury. As a result of this study, a report must be made to both the Newbury and Newburyport Boards of Health, stating whether this system can handle the increased flow of the new Harbor School . An approval by the engineers and the Newbury Board of Health is a prerequisite before a building permit can be issued for 28 Rolfe ' s Lane. A dog complaint against Andy_;Contos and Angelo Dagres was received from Arthur Allen. A hearing on the complaint was planned for February 22nd at 8:00 pm. The Selectmen made a ruling that the town plows shall not remove snow and ice from private ways open to the public unless there are 2 or more houses on said private way. A lengthy work session with the Finance Committee on the new budget began at 9:00 pm and continued until adjournment at 11 :15 pm. Respecfu y su m'tte W. Ashton Knight, Selectmen' s -Secretary 45 SELECTMEN'S MEETING February 8, 1977 The February 8, 1977 Selectmen's Meeting was opened at 7:70 pm by Chairman Alan Adams . The minutes of the previous meeting were accepted as read. At 7:45, a hearing was held on a request for a change in owner- ship of a liquor license from Byfield Package Store, Inc. to Byfield Liquors, Inc. , Nicholas J. Giantis , manager. Mr. Terry, former owner and Mr. Giantis , new owner, both spoke in favor of the transfer. Receipts were presented as evidence that all abuttors had been notified by registered mail. There was no opposition and the Selectmen closed the hearing. The request was taken under advisement . Selectman J-ames Lowe moved that the transfer be granted and it was so voted by all three Selectmen. The weekly payroll was approved for $11,859.57• At 8:00px�_a nearing was held for a viewing of prelimenary plans of improvements to Central Street from I-95 to Orchard Stteet. County Engineer James Carlin was present to answer questions from many abuttors regarding possible changes to their property. The residents stated that they did not want trees taken down to widen the road. Several persons said that the triangle at Orchard and Central should be eliminated and be replaced with a T intersection and a stop sign. Mr. Carlin believed that the state would take a traffic count and study the intersection before making the final plan. It was agreed that the county plan would be on display at the town library so that more people could see it. The hearing was closed at 8:40. At 8:45, Attorney O'Brien came before the Selectmen and said that he wished to discuss. collective bargaining for the Police Association. Selectman James Lowe made a motion that the matter be considered in an executibe session. It was so voted. After a 30 minute session with representatives of the Police Assocaation, Town Counsel James Lagoulis and Personnel Board member Joseph Frost, the Selectmen took the following view: since the adoption of the Personnel: By-Law, any request for collective bargaining should be heard by the Personnel Board. Therefore the request was forwarded to the Personnel Board. The vote on this matter was Adams and Lowe in favor and R. H. Knight opposed. The Selectmen discussed the truck situation in the highway department and declared that the 1967 Chevrolet Sander was now surplus equipment and could be sold. Attorney Charles Graham stated that he represented tow truck owners Ted Cole; Howard,-, Hicks and Newburyport Fiberglass , and that they had a grievance with the Police Department method of calling tow trucks . He said that: in four years , Ted Cole had been called 20-30 times while Volpone was called 290 times . These figures were disputed by the Selectmen and Chief Orfant. Orfant had no comment beyond saying that the police try to be fair and that Ted Cole was the back up wrecker. The lawyer suggested that Orfant might be guilty of conflict of interest. However, Town Counsel Lagoulis found no reason for conflict of interest in what he had heard. Mr. Graham insisted on resolving the issue but the Selectmen agreed that the policy had been to allow department heads to determine who to hire and the hearing was closed. Judy Robertson's resignation from the Council for Aged was_ accepted with regret . Marie O'Leary was appointed to the Council for Aged to fill the unexpired term. Tree Warden Bob ColtFy said that he had a chance to get -free -work from a state tree crew, but he needed the use of a town truck. He was given approval by the Selectmen to use a highway truck at a time when it was not needed by the highway department. 47 SELECTMEN'S MEETING February 8, 1977 (continued) The Finance Committee and the Selectmen went over the new budget and agreed on all items. This showed a total increase of 4.2%. The meeting adjourned at 10:45 pm. Respecfully su itt d, W. Ashton Knight, Selectmen's, Secretary February 12, 1977 On February 12th, Selectman Richard Knight drew the following for jury duty: Anthony Urjil for Lawrence on March 7th and Charles Blake for Salem on March 7. W. Ashton Knight, Selectmen's Secretary 4-9 SELECTMEN'S MEETING February 22, 1977 The February 22, 1977 Selectmen' s Meeting was opened by Chair- man Alan Adams at 7:35 pm. The minutes of the previous: meeting were accepted as read. Melville Pratt of Hay Street asked the Selectmen why his street was not plowed after the last snow storm. The Selectmen replied that it was a private way with only one house and a ruling had been made on January 25, 1977 that any private way open to public use having two houses. will be plowed by town trucks. Mr. Pratt produced a piece of paper with some facts about his property with a mention of Little ' s Lane .(so called) . He claimed that this proved that his driveway was a town road. Selectan Knight said that more proof was needed and requested tl-ie Town Clerk to read the list of approved streets . This list was not available but plans were made to research old records and maps on the sub- ject. If this driveway is found to be a town road, it will be plowed. At 8:00 a hearing was held on a dog complaint by Arthur Allen against Angelo Dagres of Greentree Lane All persons involved were sworn to tell the 'truth by Town Clerk Ralph Lowell. Arthur Allen stated that the Dagres dog and a dog owned by Mrs . Hoy had killed his rabbits on several occasions starting with January 9, 1976. Mrs . Hoy had paid for half t1i.e cost of the rabbits but Dagres refused to pay. Dog Officer Richard Cunning- ham asked who owned the dog and Dagres said he did. However, Cunningham read a letter from Andrew Contos which said that he owned the dog and it was boarded at the Dagres home. Cunningham read from his record book regarding 7 or 8 complaints against the dog between May 1976 to February 22, 1977. One of these was from David Caldwell on Elm Street who shot the dog after he had injured his pigs. Mr. Dagres took the dog to a vet to be treated for gunshot. David Caldwell stated that the testi- mony of Cunningham was correct and that the dog was in his pig pen December 29th and again on February 22nd. The hearing was closed at 8:35 and dog officer Cunningham recommended that the dog be restrained. The Selectmen took the matter under advise- ment and then Selectman James Lowe moti6ned that this •dog be restrained as of February 22. It was a unanimous vote. Attorney Mark Regan, representing Harbor School, presented a report of Arnold Engineers Associates which said that the sewage pipe on Rolfe 's Lane would handle the increased flow from a .second Harbor School. The only thing lacking now seems to be approval from the Newburyport Board of Health and agree- ment that they would maintain the system. No action was taken pending a letter from the City of Newburyport. The payroll was approved for $9,318.93. Police Chief Orfant reported on a survey of street lights around town and he recommended 10 new ones chosen from 14 which had been requested by citizens . After some discussion, Selectmen agreed to increase the appropriation for Street Lights by the amount of $2000.00 to brighten 100 old lights and add about 10 new ones. A letter to the County Commissioner inviting them to meet in our Town Hall was signed by the Selectmen. Also, a letter was sent to Representative Francis Hatch supporting him is his fight to try to get more Chapter 70 School money for the towns. It was agreed that no political signs would be allowed on public property. This includes both Town Halls and the Library. The meeting adjourned at 9:45 pm.. MRe�spectf 11y sub i toW� , W. Ashton Knight, Selectmen's Secretary SELECTMEN'S MEETING March :=_8, 1977 The March 8, 1977 Selectmen's Meeting was opened at 7:30 pm by Chairman Alan Adams. As this was his last meeting, Alan said he was going to miss the other Selectmen and it was with a little sadness that he was retiring from town affairs. Selectman James Lowe presented his name plate to him as a souvenier of his nine years service on the Board of Selectmen. Sanitary landfill custodian Arnold Collis requested that no sewerage, stumps or wrecking materials be brought into the landfill. The Selectmen approved this request by unanimous vote. Mr. Tom Sweeney, Southern Boulevard, Plum Island registered several complaints against a neighbor, William Helm. He stated that the piles of lumber, rubbish and other items around and in Helm's property constituted an eyesore, afire hazard and a health hazard. Mrs. Debbie Kiernan, owner of Dick's Variety Store , which is across the street from Helm's home said that she and her husband had been wprking hard to improve the store only to see a big mess created by Helm. She has two children and she does not dare, to let them across the street because of the ' health menace-and fear of rats . She requested that all rubbish ~ be removed at onee. Mr. Helm in his own defense said that he was remodeling the building and that he was using the second hand lumber. He stated that he. had runnin=, water and a flush toilet . Also, . , he was doing some painting and was trying to clean up the place. Building Inspector David Caldwell reported on an inspection tour on February 25th; he found the building was in bad shape with brokedn windows and a leaking roof. He did not see' any running water. SelectmantRichard Fright had viewed, the property and said it was worse than the town dump. ' Deputy Fire Chief John Gallant saw all kinds of used lumber and bottled gas and declared it a bad: fire hazard. It was agreed that a detailed inspection of Helm's property at Plum Island Center would be made at 3 :00 pm on March 9th by Caldwell, Gallant, Richard Knight and Chief Orfant. As a result of this inspection, the building was declared unsuitable for habitation for sanitary reasons. A detailed! report of the inspection is on file in the Selectmen's Office. Mr. Tom Casey, Community Service Coordinator for Elder Services of the Merrimack Valley, reported- on activities during the periods July l through December 31, 1976. Many contacts had been made through home care, nursing service , and senior aides.- The area van had been used by many local persons and the outreach program had made use of newspapers, radio and telephones . The detailed report is on file in the Selectmen's Office. The payroll of $10,494.68 was approved. The Byfield Grange was given permission to use Byfield Town Hall and grounds for a fair and flea market on May 14, 19770 A letter was received- from Newburyport -Public Works Superintendent Raymond Stanton regarding the use of Rolfe 's Lane sewerage pipes by the new Harbor School. He stated that the City of Newburyport had no objection to Harbor School utilizing the existing , sewerage lines based on the engineering study by Arnold and ' Associates of February 16, 1977. ; The Selectmen agreed to send a letter to the Newburyport Board of Health requesting a statement that Newbury will not be liable for any repairs or maintenance to the sewerage lines. The election officers for the annual town election were approved by the Selectmen as presented by Town Clerk Ralph Lowell. 53 SELECTMEN'S MEETING March 8, 1977 A letter was received from the County Commissioners approving the date of May 31, 1977 at 8:00 pm in our town hall for one of their meetings . Permission was given Police Cheif Orfant to use $1500. of hie Lifeguard account balance to purchase 3 radios owned by policemen. A letter was sent to Melville Pratt stating that after a detailed search of Town records , no mention of his driveway was found. Therefore, it is not considered a town way and it will not be plowed by the highway department. The Parker River National Wildlife is planning a cleanup day at Plum Island for April 24th and requested use of a highway truck and the town sanitary landfill. The Selectmen thanked them for sponsoring the cleanup campaign and sent them a let- ter saying that the town would cooperate by supplying a truck and driver. The meeting adjourned at 9 :40 pm. Respectfully submitted, W. Ashton Knight, Selectmen 's Secretary March 12, 1977 On March 12, the following jurors! were drawn by Selectman Richard Knight : Debbie Arey, 11 Bayview Lane for April 18th at Salem William Hickey, 49th Street, Plum Island for April 4th at Lawrence. Daniel Graf, Rolfe 's Lane for April 4th at Salem. SELECTMEN'S MEETING March 22, 1977 The March 22, 1977 Selectmen's Meeting was opened with an executive session during which they organized for the new year. James A. Lowe was chosen as Chairman, Richard H. Knight as Clerk. Thomas G. Palumbo as a new Selectman was attending his first meeting. The Secretary's report was accepted as read. At the request of Fred Terranova, a moment of silence was held for Milton Webber, park commissioner who died on March 20 after many years of faithful service to the town. A petition was received from Richard Prussman, 14 Orchard Street regarding storage of equipment and materials on the property of Mrs . Lucile Thomas at 18 Orchard Street. The complaint was signed by 20 persons and included 3 photographs . The Selectmen stated that an investigation would -be conducted. Donald Gladu and Henry Lynch, by unanimous vote were given permission to take alewives from the Parker River at Central Street. The written permit contained 6 regulations and expires on June 1, 1977. The following verbal complaints were received from William: Helm of Plum Island: 1) Police are working too many hours, sometimes 18 hours and on two jobs. 2) About . 100 signs on Plum Island are in violation of Town By-Laws. 3) Many trucks parked on streets in violation of parking regulations. The . Selectmen stated that these complaints "would be investigated. At 8:00 pm, the following bids were opened by the Selectmen: Dump Truck Donahue Motors $6730.00 Toby Ford 6534.00 Volpone Motors 6618.00 Fraser, G.M.C . 6420.00 t - Pickup Truck Donahue Motors $4090.00 Toby Ford 3920.00 Volpone Ford 4056.00 alt. - 6 cyl. 3950.00 Fraser G.M.C. 3928.00 plus for tires 88.00 The bids were taken under advisement. At 8:30 pm a hearing was held on a transfer of a seasonal liquor license from Byfield Package Store, Inc . to Byfield Liquors , Inc . , Nicholas J. Giantis, Manager. All abutters had been notified and there was no opposition. By unanimous vote the Selectmen voted to transfer the license. Requests from the Moose Club and the Y.M.C .A. for use of the Upper Green for soft ball games were taken under advisement until more information is available. Plum Island Movie Productions requested permission to show, movies at the P.I.T.A. hall. The Selectmen stated that this could not be allowed without a variance and suggested that they see the Zoning Board of Appeals . At 9:00 pm a hearing was held by the Newbury Board of Health on the request of William Helm of Plum Island Boulevard re- garding the declaration by town officials that his building was unsuitable for habitation. Building Inspector David Caldwell- reported that he had in- spected the property with Chief Orfant, Health Agent Richard Knight and Deputy Fire Chief Grfiar.Gallant. The building was declared unfit for habitation and was posted. 57 SELECTMEN'S MEETING March 22, 1977 He also stated that the building may not be structurly sound but he could not tell with so much rubbish everywhere. Chief Orfant showed 12 pictures which give a good view of the exterior and interior of the property. A report from John Gallant of Newbury Fire Department was read by Board of Health Chairman James A. Lowe. This stated that the property constitutes a hazard to adjoining buildings and to anyone living on the premises and he recommended that it be condemned. Mrs . Debbie Kiernan from Dick's Variety Store read a letter telling that the Helm property was a mess and should be cleaned up. She requested that her letter be added to the minutes of the meeting. Richard Knight, Agent for the Board of Health,zy-eported on the inspection of the Helm' s property on March 9 and he agrees that the building is not fit to live in. Mr. Tom Sweeney, a neighbor of Helm's, thanked the local inspectors for their:. , work and hoped the mess would be cleaned up soon. ; Mr. Helm said that the entire house was not seen and he would like to know why his property was inspected on an emergency basis . He also stated that he was under doctor' s care. In answer to a question from Chief Orfant, Helm said he had an- other place to live. Board of Health Chairman James Lowe said that the owner of the, property was responsible to bring the building up to standards and not Helm, who is leasing. Orfant stated that .the •owner of the building had seen the pictures and the owner' s brother said that he would attempt to make the building liveable. Board of Health member ,Tom Palumbo made a motion to forward- all records and pictures on this matter to Town Counsel James ' Lagoulis and ask for his opinion. Selectmen agreed by unanimous vote. Mr. Helm presented a request to start a church school under Chapter 42A and he also requested $600.00 in payment for moving expenses. Highway Surveyor John Travers requested that bids be advertised for road stabilizing materials to ',be used on various roads. He furnished a copy of the roads in question and prices for same. The Selectmen took it under advisement. It was decided to prepare an application for C.E.T.A. project money to be used for cleaning the sides of the town roads and mosquito ditches . All appointed officials will carry over until March 29th when the Selectmen will meet to consider appointments. Dog Officer Richard Cunningham requested a meeting with the Selectmen after they made the appointments to review his work and duties. The meeting adjourned at 10:20 pm. Respecfully submitted, rry` aa_ b )4-- & , W. Ashton knight, Selectmen's Secretary SELECTMEN'S MEETING March 29, 1977 March 29, 1977 Chairman James Lowe and Selectman Thomas Palumbo met to make appointments for the ensuing year. Selectman Richard Knight was not present because he was at the Anna Jaques Hospital for treatment . He was contacted by telephone and the following appointments were made : Daniel M. Orfant for Police Chief. Lowe and Knight voted for Orfant and Palumbo voted present . All other appointments were unanimous: Richard Cunningham - Dog Officer and Special Police Board of Fire Engineers - Wallace Pearson, Martin Fay, John Gallant, James Wile, Jr. and H. Verne Noyes, III. Building Inspector - David S. Caldwell Finance Committee - George MacKenzie - 1980 and Charles Waterman - 1980. Highway Surveyor - John Travers Conservation Commission - Stephen Moore - 1980 and Edith Pinckney Johnson - 1980. There was a discussion about recent complaints from the neighbors of William Helm at Plum Island Center regarding the continuing accumulation of various materials on the property. On advice of town counsel James Lagoulis, the Selectmen agreed to send a legal notice to Sewa Joshi, ,,the owner, giving him 2 weeks to clean up and repair his property at the corner of Plum Island Turnpike and Southern Boulevard. April 1, 1977 On April 1, a seasonal liquor license for Byfield Liquors, Inc. was signed by the Selectmen. April 5, 1977 A special meeting of the Selectmen was held on April 5 with all three Selectmen present. It was opened at 7:30 pm and by unanimous vote they went into •executive session to continue the appointments . A confirmation vote was taken on Daniel ' Orfant ' s appointment as Police Chief with the vote being 2 yes and 1 no. The original appointment on March 29th had been -done by telephone. The following appointments were made with the votes unanimous except as noted: Shellfish Constables for 3 years : H. Verne Noyes, III, John K. Thistlewood, Jr. and Donald F. Gladu. Harbor Matter - Henry Lynch, Jr. Assistant Harbor Master - Edwin Sternfelt , Jr. Special Police for Construction Duty - Russell Rogers Agents for the Board of Health - Daniel Orfant (2yes-1 no) Richard Knight (2 yes-1 no) Inspector of Plumbing - Richard Baker Asst. Dog 'Officer - James Cunningham Surveyors of Lumber and Measurers of Wood and Bark: Harold E. Pingree , Arthur S. Page, Jr. , Peter L. Noyes and Evans Hawes. Fence Viewers : Robert Colby, Malcolm C. Wood, Nicholas Bulgaris, Samuel Traister, Leonard Ilsley, Joseph Story and Henry Rolfe. Custodian of Town Hall, Oldtown - Willard L. Road Custodian of Byfield Town Hall - Robert Field, Sr. Weighers of Hay, etc . : Lawrence Brown, Richard H. Knight, John J. Andrewskiewicz and Martin H. Burns. Zoning Board of Appeals : Jonathan Wells, III - 1980 and John Karahalis , associate member. Registrar of Voters - Alba Seeley - 3 years. Director of Civil Defense - Bertram E. Savage, Jr. Planning Board of Appeals - Edward J. Kelly - 3 years . 61 SELECTMEN'S MEETING April 5, 1977 Animal Inspector - Richard Cunningham. Gas Inspector - George E. Emerson. Field Driver - Richard Cunningham. Agent for Workingmens Compensation - James A. Lowe. Agent for Veterans ' Services - Ja,es Chooljian. Supt. of Buriel Grounds - Arnold W. Collis. Personnel Board: Muriel M. Knight, 3 years and Donald Woodbury, 3 years. Council for the Aged: Frank R. Cutter, Marie O'Leary, Charlotte D. Cook, Mary N. York, Judith Robertson, Linda Vieweg, Evelyn Noyes, Delphine Landford, Diseree Rogers, Joseph Rand and Janet Farren. Historic Commission: James A. Lowe, 3 years; Edward Brown, 3 years; Lucy M. Plumer, 2 years; Mary Barton, 2 years ; W. Ashton Knight, 1 year; Elizabeth Armstrong, 1 year; and Hope Bradshaw, 1 year. Rep. on 208 Water Quality Advisory Comm; David S. Caldwell and Arthur Allen, alternate. Alternate Comm. to M V P C. Arthur Allen. The executive session was ended and the Selectmen went into open session and reported the appointments to the news meida. The session was adjourned at 10:00 pm� Respectfully submitted, W. Ashton Knight, Selectmen's Secretary April 9, 1977 Two jurors were drawn for duty as follows; Theda Locke, 6 Hay Street for Salem on May 2, 1977. J. E. Callahan, Jr. , Morgan Avenue for Lawrence on May 2, 1977. SELECTMEN'S MEETING April 12, 1977 The April 121 1977 Selectmen's Meeting was opened at 7:30 pm by Chairman James Lowe. The minutes of 3 previous meetings were read and accepted. Mr. Harold Reader, 120 High Road, requested a permit for the sale of second hand items and gifts in his barn. The Select- men told him., to check the regulations under 4.1.3 of the Zoning By-Laws to see if his application would come under the home occupancy clause. Mr. MacDonald, Harvard Way, presented a petition for, the ex- penditure of town funds to control web worms on Plum Island. The Selectmen recommended that he hold the petition until the next special town meeting. Robert Brown, Johnson Acres, requested permission to move the Martha Pearson Little League Diamond to a different angle using volunteer labor. By unanimous vote the Selectmen voted to al- low this request providing that the change be approved by the Highway Surveyor, John Travers. Charles Bashaw, 86 Central Street, stated that Central Street from Elm Street to School Street was in bad condition- and almost impassable . He requested that the street be rebuilt and improved. Highway Surveyor John Travers said that he be- lieved that the state highway project would include that sec--: tion of Central Street. However, the Selectmen voted to re- quest the County Engineers to prepare a plan of the street. This request was mailed on April 15, 1977. Charles Elwell, Main Street, reported that the sides of town roads were a mess and requested a cleanup project for the whole town. Chairman Lowe told him that a C.E.T.A. project was planned to do just that . John Travers asked what was the fine for littering in the Town of Newbury and the answer was $50.00. Dog Officer Richard Cunningham discussed his work and duties as dog officer. He said that he does not go to the Wildlife areas because they have their ._ own regulations . The Selectmen agreed on his position regarding the Wildlife. After a discussion regarding picking up dead animals the Selectmen voted unanimously to pay Cunningham $300.00 a year from Board of Health funds starting July 1, 1977 to perform this work. He stated that he would like to know what, if any, we have in the way of a leash law. The Selectmen voted to consult Town Counsel regarding the leash law. Mr. Cunningham has been unable to prosecute many dog complaints because people will not go to court. He requested a Special Police appointment along with his dag officer position. The Selectmen made this appointment and also agreed to purchase a dog officer badge for Assistant Dog Officer James Cunningham. Henry Lynch, new Harbormaster, presented 5 suggestions to improve the job and 9 items which he hoped to carry out. The plans and suggestions were taken under advisement for further study by the Selectmen. David Caldwell reported on a meeting that he and Arthur Allen had attended on Water Quality. The discussion at this meeting was mainly on sewage plants on the Merrimack River. Mr. Caldwell said that inspections had been completed at the second Harbor School on Rolfe 's Lane and fire alarms and fire exits have been installed. Board of Health Agent Richard Knight reported that from a health standpoint the school was in good order. The local Boy Scouts were given permission to hold a bake and yard sale on the Upper Green on May 14. 65 SELECTMEN'S MEETING April 12, 1977 Mrs. Alba Seeley registered a complaint to the Board of Health regarding rubbish and - rats on Davoli Way, Plum Island. Health Agent Richard Knight will investigate. Mrs . Seeley also presented a petition from several Plum Island persons tho are opposed to the proposed movies at P.I.T.A. Hall. The payroll was approved for $48,289.46. Proposed cutting of diseased elm trees on High Road by state tree men was approved by the Selectmen. John Murphy was appointed to the Zoning Board of Appeals as an Associate Member by unanimous vote. James Lagoulis was appointed as Town. Counsel by a vote of 2 to 0 with Selectman Palumbo abstaining. The Selectmen voted to extend the present police appointments to May lst by a vote of 2 yes and 1 no. Henry Lynch and Edwin Sternfelt were given Special Police ap- pointments on the waterways and adjacent shores by unanimous vote. Permission was given to the Haverhill Gas Company to open the road to install gas at 2 Hanover Street. The Moose Club was denied a permit to play soft ball on the Upper Green because the Selectmen agreed that the Green should be available for local persons. The meeting adjourned at 10:20 pm. Respecfull--y submitted, s c W. Ashton Knight, Selectmen's Secretary U SELECTHEN"S MEETING April 26, 1977 The April 26, 1977 Selectmen's Meeting was opened at 7:30 pm with the reading of the minutes of the previous meeting. They were approved after one error was corrected. At 7:45, a hearing was held on a transfer of a liquor license from Mr. Phillip McNeal on Northern Boulevard to Mrs . Jane F. McNeal. There was no opposition and the Selectmen granted the transfer by unanimous vote. A letter was received from .Olga Roche regarding her cottage on Northern Boulevard and a situation where a neighbor had been allowed to move a cottage on a right. of way and partially on the Roche lot. Building Inspector David Caldwell reported that the cottage was moved under a temporary building permit which had expired. ' The Selectmen advised Mrs . Roche to see an attor- ney regarding her rights to have the neighbors cottage moved. Mrs . Roche also requested that an accumulation of sand be re- moved from around her cottage. After investigation by the Selectmen, a letter was sent to Mrs . Roche giveing her permis- sion to move the 'excess snA_a towards the ocean. At 8:00 pm the following bids were opened for road materials and services : Item 1 Item 2 Item 3 Item 4 Item Liquid Hot top Hot top Sand Stone Asphalt in place at plant Seal Trimount .576 .477 Mystic .576 .4869 Road Tar .789 , Hartnett 3.95 .50 Merrimack Paving 18.95 4.20 Hot top sidewalks 39.00 Item 6 Bell and Flynn .3.00/sq. yd. Cat 14 Grader 35.00/hour 966-4 cu yd loader 35.00/hour Woodland Construction 2.15/sq. yd. Cat 14 Grader 30.00/hour 966 loader 30.00/hour These bids were taken under advisement by the Selectmen. At 8:30 pm bids were opened for the proposed renovations of Town 'Hall. One bid was received for $9,800.00 from Ould Town Builders. The Selectmen voted to take this bid under advisement. As the bid was more than the appropriation, they voted to open it up for new bids. Mr. Henry Christ presented a proposed article for a special town meeting to approve the bond issue for a new roof on the Triton School. A public meeeting is planned for May 12th in Town Hall and the Selectmen voted to hold the Special Town Fleeting on May 18. However, because , of. a conflict with a Planning Board hearing the Selectmen voted on May 2nd to hold the Special Town Meeting on May 17, 1977. Clinton Elliott conferred with the Board of Health regarding a sewerage problem on Columbia Way. No action was taken pending an investigation by an Agent of the Board of Health. Mark O'Brien, Attorney for the Police Association, was present to discuss the police arbitration. - 'Ile requested an executive session but the Selectmen believed that what they had to say did not re- quire an executive session. Selectman Palumbo attempted to ex- plain the Selectmen's point of view on the police situation. How- ever, Attorney O'Brien ctt him off and said that he will talk with the towns collective bargaining agent at a later time. 69 SELECTMEN'S MEETING April 26, 1977 Selectman Knight made a motion to continue the police appointments until June 1. It was seconded by Chairman Lowe and Palumbo voted no. So it was carried by a vote of 2 to 1. Selectman Palumbo moved that police- records of performance and background references be made available to the Selectmen. This was voted by unanimous vote. An application was received from Earle McCurdy to be appointed a Special police for construction duty. This was placed on file. There was a discussion regarding rubbish collection at Plum Island for the summer months. Bill 's Trucking Company of Essex was hired for $145.00 daily, to start on Saturday, May 7, 1977 and continue until October 15, with collections on Monday and Saturday from June 4th to September 24th. The payroll was approved for $196,905.86. Permission was given to the Ladies Auxilary of Protection Fire Company No. 2 to hold rummage sales on the Upper Green May 28th and July 4th. A request from the Y.M.C.A. for use of the Upper Green for soft ball was denied because the Selectmen believed that the Green should be used by local persons. The meeting adjourned at 10:10 pm. Respectfully submitted, W. Ashton Knight Selectmen's Secretary SELECTMEN'S MEETING May 2, 1977 A Special Meeting of the Selectmen was held with the Finance Committee on May 2, 1977 at 7:30 pm to make plans for a Special Town Meeting. Mr. MacDonald from Harvard Way, Plum Island was present with 10 - 12 other residents of Southern Boulevard area to request some town action on the web worms around their homes . Moth Superintendent Bob Colby stated that he could take care of the web worm problem on Plum Island for $800.00 by using the town sprayer. Selectman Knight was in favor of doing the work by helicopter. He said it would do a better job and would not cost as much. After a lot of discussion, Mr. MacDonald presented a petition signed by about 20 persons asking the town to appro- priate $800.00 to rid._ the town and Plum Island of the web worms. The Selectmen agreed to include this ' in the Special Town Meeting. After a discussion about the date of the Special Towm Meeting, it was voted to hold the meeting on May 17th because of a conflict on other dates . The Selectmen and the Finance Committee went over the balance sheet as presented by the Auditor and agreed that 14 accounts needed transfers to finish out the Fiscal Year. In other business, Selectmen voted to call for rebids on the renovations to Town Hall. The Garden Club was given permission to hold a yard sale on the Lower Green on May 7t. Earle McCurdy and Mark Mahoney were appointed as special police for construction duty only. The meeting was adjourned at 9:45 pm. Respectf ly subm'_tted, W. Ashton Knight Selectmen's Secretary Flay 5, 1977 On May 5tn the following persons were drawn for jury-duty by Chairman James Lowe : Charles Dondero, 8 Oak Terrace, for Salem, June 6; Helen Diodati, 68 Central Street , for Salem, June 6; John Doyle, Oldetown Way for Lawrence, Play 16; and F. George Arey, Jr. , 11 Bayview Lane for Lawrence, June 6. 73 SELECTMEN'S' MEETING May 10, 1977 The May 10, 1977 Selectmen' s Meeting was opened at 7:30 pm by Chairman James Lowe. The minutes of two previous meetings were read and accepted. Mickey Villane registered a complaint against the custodian of the sanitary landfill.. He stated that he hired a truck so that he could get rid of an old stove, but arrived at the gate of the sanitary landfill just before 4:00 pm to find Arnold Collis locking the gate. Mr. Villane believed that he should have been allowed to enter the dumping area and leave the stove, but Mr. Collis denied him admittance. The Selectmen said that they would investigate this complaint . Henry Becker from Harvard Way, Plum Island, requested permis- sion to pipe water from one lot under a street to a second lot. The Selectmen agreed that this could be done providing that he would not build on the first lot and that he signs a covenant. Also, the installation of the pipe under the road should be su.per,,rised by Highway Surveyor John Travers and Engineer Paul Turbide. At 8:00 pm the following bids were opened for rebuilding Town Roads: Bell and Flynn 3.00 per sq. yd. Grader 35.00 per hour Loader 35.00 r► it Dump truck 18.00 Woodland Construction 2.49 per sq. yd. Grader 35.00 per hour Loader 35.00 " It .,,,Trilck 18.00 n ft Roller 18.00 These bids were taken under advisement by the Selectmen by unanimous vote. At 8:15 pm a hearing was held on a petition from the New England Telephone Company for 6 pole locations on Old Rowley Road. There was no opposition and the request was granted. John Bellorado from 51th Street , Plum Island entered a complaint regarding speeding cars on 51st Street. He stated that traffic should travel less than the State recommended speed of 30 MPH. He did admit that one person was the main offender and that it could be a neighbor problem. Selectmen tool no action and Mr. Bellorado said he might go to court to get satisfaction. Mrs:& Raymond Walton requested permission to chain off 37tn Street where she owns property on both sides of the street. This chain would prevent persons from parking and turning on her property causing a nuisance. The Selectmen said no chain or any type of blockade on the right of way would be allowed, but she could build 4fence on her boundary to protect her rights . Donald Philips asked for a permit to build a small shopping center on 5 lots that he owns at Plum Island center. The Selectmen denied this request and suggested that he see the Zoning Board of Appeals. After hearing a report about the many fire calls to p Triton Regional High School, the Selectmen voted to send a letter to the Tritons, School Committee saying that in the future all fire calls at Triton should be paid out of their budget. It was agreed that the Park Department would no longer mow the grass at the Byfield and Woodbridge schools . A dog rabies clinic will be planned by Dog Officer Richard Cunningham and Veterinary Dr. Lyons at a convenient time. r ' 75 SELECTMEN'S MEETING. May 10, 1977 It was recommended by unanimous vote that 2 maple trees be set out on Old Rowley Road by Tree Warden Robert Colby. Henry Becker, Chairman of the Assessors , spoke about a pro- posed agreement on taxes with Dem Guschov, the builder of the elderly housing project on Rolfe 's Lane. Mr. Becker requested permission to get advice from Attorney Dalton, who i8 an expert on the subject. The Selectmen voted unanimously to allow the Assessors to consult with Mr. Dalton. A new contract with Port Engineering for work at the sanitary landfill was taken under advisement. The payroll was approved for $41,432.36. The Selectmen agreed that for economy reasons one police officer would be left off the roster. Accordingly, Louis Dumas was not reappointed. He was appointed on June 30, 1976, so his ap- pointment runs out on June 30, 1977• The following appointments were made by the Selectmen: Marjorie Emerson, full time police unanimous George Riel, ' " " if it Michael Fall, part it it Robert Folger, " votg, 2 to 1 Francis Fournier, if " �� it it It - It Gregory Harris, if " " unanimous Fred MacBurnie, it ►' " Urote, 2 to 1 (Palumbo Angelo Machiros, it ►► tt it it it it astained) Thomas Howard, it it It unanimous It was voted to request a $.25 per hour increase in pay for Thomas Howard. A letter was sent to the Personnel Board requesting the increase . Madelyn Fournier, Matron unanimous Helen MacBurnie, it vote, 2 to 1 (Palumbo abstained) Dianne Emerson, " unanimous Special Police were appointed as follows : Agnes Short, Byfield School Area Nina Hilton, Woodbridge School Area Robert Fuller, Elementary School area Herman Colby, Elementary School area Edward Carpenter, all schools Donald Mutch, Inspector of Wires, unanimous Robert A. Bashaw, Jr. , Part time police, unanimous All the appointments were made to expire on April 1, 1978. The meeting adjourned at 10:25 pm. Respectfully submitted, W. Ashton Knight Selectmen's Secretary 77 SELECTMEN'S MEETING May 17, 1977 A Special meeting of the Selectmen_ was held at 7:00 pm on May 17th in Town Hall . After a discussion with school principle Richard Joy regarding the mowing of the grass at Byfield and Woodbridge schools , it was voted to allow the park department to mow the grass at the two schools for the remainder of the fiscal year. The payroll was approved for $88,992.73. The following bids were awarded; Item 1 : Liquid Asphalt; split between Trimount and Mystic for .576. Item 2: Hot top; Merrimack Paving for 18.95• Item 3: Hot top at plant; no bids received. Item 4: Sand; Hartnett for 3.95• Item Stone Seal ; Trimount for .477. The Selectmen voted to award the above bids reserving the right to check every load of materials for quantity and quality to protect the Town of Newbury. Item 6: The contract for rebuilding town roads by the scarifying method was awarded to Bell and Flynn by unanimous vote . Their bid was : 35.00 per hour for a Cat 16 Grader: 35.00 per hour for a 4 cy front end loader: 18:00 per hour for a 10 wheel dump truck: 3. )) per square yard. Benjamin Pearson, Jr. was appointed as a Special Police officer on the Byfield Snuff Co. property. The meeting adjourned at 8:45 pm. Respectfully submitted, i W. Ashton Knight Selectmen's Secretary 79 SELECTMEN'S MEETING May 24, 1977 The May 24, 1977 Selectmen's Meeting was opened by the reading of the minutes of the previous 2 meetings. Selectman Palumbo noted the fact that one police officer had been eliminated from the police roster for economy reasons had been omitted from the minutes . Officer Louis Dumas was the last full time officer appointed so he was not reappointed. He was appointed on June 30, 1976 for a year so his appointment runs out on June 30, 1977. After the correction was made the minutes were accepted. Chairman James Lowe read a letter from the Democratic Committee which stated that they were presenting the town with a picture of President Jimmy Carter, which now hangs in the meeting hall. Rev. Joseph Rand requested the formation of a town housing authority to supervise the housing for the elderly. The Selectmen voted to allow Rev. Rand and the Council for the Aged to consult with town counsel regarding the formation of a housing authority, and come back with recommendations. A letter was received from the fire engineers recommending that the Triton school budget be charged for all false alarms and bomb scares at the school. It was agreed to ask town counsel for an opinion on the division amoung the 3 towns of all school costs including fire , police and highway. The following jurors were drawn: Nina Colby, 18 Central Street; Michael Bayko, 7 Graham Avenue; Ralph Gibbs, 185 High Road; and John Thistlewood, 37 Central Street, all for Lawrence on July 5th. Sanitary landfill custodian Arnold Collis inquired about plans for two holidays , May 31st and July 4th; both coming on Mondays. It was agreed to keep the, sanitary landfill open on both days . , Mr. Collis was given permission to mover 2 cedar trees to a spot near his flower garden. A letter was received from the Newburyport City Council listing proposed regulations at Plum Island beach. Councilor George Cooper spoke in favor of cooperation between Newbury and Newburypor_t in drawing up a set of beach regulations. The Selectmen took this proposal under advisement. A letter was received from the Personnel Board approving a $.25 an hour increase in pay for part time police officer Thomas Howard. Architect Wilson Rains and Engineers Scott Osgood asked about the status of the building permit for Dem Guschov housing for the elderly. Construction has been started under the comprehensive permit issued by the Zoning Board of Appeals . Board of Health Chairman James Lowe stated that they must wait for a written approval from the State Board of Health on the sewage system before a local building permit can be issued. The secretary was instructed to contact -Senator Saltonstall and the State Board of Health to try to speed up the approval of the sewage. Post meeting note : May 28. Tom Cloughety of the State Board of Health reported that the permit would be issued in a few days. Henry Tracy is considering buying an ocean front lot on 47th Street and he asked "is it buildable?" The Selectmen will view the property before making a decision. A letter was received from John H. Burke, 49th Street, Plum Island asking many questions about regulations on the roads and beach regarding parking, rubbish on beach, poor roads, SELECTMEN'S MEETING May 24, 1977 motor vehicles on the beach and traffic signs . Selectman Palumbo suggested a public hearing at P.I.T.A. hall to discuss all Plum Island problems. No action was taken by the Selectmen. .Conservation Commission member Kenneth Webber also expressed his feelings about Plum Island. He recommended that the town build a parking lot on town owned land next to the Federal Wildlife. He also said the dumpsters should be nearer the beach at the center and last year's sign should be replaced. Mr. Webber requested the use of a traffic counter to get an accurate figure on traffic to Plum Island. The Secretary was instructed to write a letter to the State D.P.W. requesting the use of a traffic counter. Richard Cunningham stated that he had been appointed to the Conservation Commission by the Selectmen and he does not use this authority for revenge or any other reason, but uses everyone the same. The Selectmen agreed that this was the right attitude. After approval of the payroll for $34,306.35 by the Select- men, the following motion was made by Selectman Palumbo: All gasoline and repairs on police cars should be divided up among all local service stations . There was no second to this motion. The Secretary was instructed to send a letter to Massachusetts Electric Company requesting 11 new street lights and changing 100 outdated incandenscent lights for more efficient mercury vapor lights. A dog rabies clinic was planned for June lst from 5-7 pm in the Town Hall parking lot to be conducted by dog officer Richard Cunningham and Veterinarian Henry Lyons . The meeting was adjourned at 10:00 pm. Respectfully submitted, L� W. Ashton Knight Selectmen's Secretary DEPARTMENT HEAD: MEETING June 7, 1977 There was a good attendance with 80 percent of the department heads reporting. Chairman James Lowe opened the meeting with a statement saying that the Board acts together and to have anything pass there must be a vote of 2 members. He hoped that this would clear_ up any misunderstanding during the past few weeks. Henry Becker reported that the Assessors budget was in good shape and they should end the fiscal year with a balance. In answer to a question on the revaluation, he reported that the surt-ey of property was progressing well. James Wile, reporting for the Fire Engineers , said that the Fire Protection account had a good balance , but Forest Fires would need a transfer. On the subject of fire and bomb calls to Triton Regional School, Mr. Wile reported 20 to 25 calls per year at a cost of $500 each. He hoped that something could be resolved so that all three towns would share the cost. The library, police, tree warden and several other departments reported no problems in completing the fiscal year within their budget. Asst. Harbormaster, Ed Sternfelt, reported that the town float at Parker River needs repairs as soon as possible. Selectman Palumbo requested that an estimate be brought in so that the float would be ready for use during the summer. Finance Committee Chairman, George MacKenzier, spoke about the new fiscal year and advised all departments to keep within their budgets if possible. Selectman Palumbo suggested a financial report be turned in every 3 months to keep better contact with all budgets. The meeting adjourned at 8:45 pm. Respectfully submitted, e?� aji�— XA-'A W. Ashton Knight Selectmen's Secretary 85 SELECTMEN'S MEETING June 14, 1977 The Selectmen's Meeting of June 14, 1977, was opened by the reading of the minutes of two previous meetings. They were accepted as read. Chairman James Lowe stated that a newspaper report regarding fires at Triton Regional High School seemed to be in error. He said that 20 to 25 fires at the school per year had been reported by the fire engineers at a previous meeting. Penelope Halkiotis presented and read a letter regarding an ocean front lot on 47th Street. She was opposed to any building on this lot . Mrs. Helen Matthews also read a let- ter on the same subject. Other persons who opposed any building on this lot were John Burke, 49th Street , George Hoyt and George Zibolis. Richard Cunningham, Chairman of the Conservation Commission said that a notice had been sent to the prospective purchaser of the lot requesting a notice of intent. Conservation Commission member Kenneth Webber stated that he was opposed to any more building on the water front and that all action in the future should be controlled by the Conservation Commission, not the Board of Health. Mrs . Matthews requested that she be notified of any decision in the matter. Both letters are on file in the Selectmen's office . Selectman Palumbo made a motion that the Planning Board be included in any decision. There was no second. The hearing was then brought to a close. Olga Roche requested again for some help in moving sand from her Northern Boulevard property. The Selectmen said they would like to help her if it could be done legally. At 8:30 a hearing for pole locations by the telephone company was held. Approval was given for 2 new poles on Low Street and 1 on High Road. Developer Dem Guschov spoke in regard to several newspaper stories about his Housing for the Elderly. He stated that the fire alarm system is being approved soon. The wages being paid are in compliance with State and Federal regulations. He said the reported story on the rent was false. The rent has not been finalized and it will be regulated by F. H. A. pending taxing by the town.. Selectman Palumbo made a motion that a public hearing be held to hear Mr. Guschov's statements. There was no--,,second to this motion. Rev. Rand, member of the Byfield Housing Corporation, spoke in support of the Rolfe ' s Lane Housing for the Elderly. He stated that the rent for each project would be in the same general amount. A written complaint from Mary Mahoney was received regarding Mr. Novak on 16th Street, who is building a porch roof and may be renting a part of his cottage. Mr. Novak stated that he could not understand the complaint as he had not worked on his cottage for a long time and had never rented any part of it. In answer to a question by' Selectman Palumbo, Mr. Novak said he did not have a building permit. Building Inspector David Caldwell had viewed the property and said that a new roof was being put on an old deck. He said Novak should have a permit and his work was a violation. The Selectmen took the matter under advisement . Tom Palumbo presented a letter from Jean Palumbo regarding the parking lot at Plum Island Center owned by the Palumbo family. The letter gave a resume of the history of the parking lot for' the past 30 years. Attached to the letter were 20 affadevits from persons who had paid for parking at the Palumbo lot. Also many other exhibits were included showing many pictures of the area. Chairman Lowe made a motion that the problem be resolved in favor of Palumbo. 8. . SELECTMEN' S MEETING June 14, 1977 Selectmen Knight and Lowe voted in favor with Selectman Palumbo abstaining. The letter with all attachments is on file in the Selectmen's office. Len Chaisson presented several verbal complaints against the police and towing of cars involved in accidents. Because of the nature of .the complaints, the Selectmen stopped the discussion and requested Mr. Chaisson to send his complaints in writing and he would be on the agenda for June 28th at 8:30 pm. On request of Gene Palumbo, he was given permission to move a town sign from his property. The Selectmen heard a complaint from Mr. Burke regarding four wheel drive vehicles on the Plum Island Beach. After some discussion the Selectmen voted to post the beach regula- tions after they are re-writted. Arnold Collis was given permission to purchase a new lock for the sanitary landfill to be used week ends only., It was voted to request Highway Surveyor John Travers to run hot top 100 feet over existing pavement to give a comparison between the new and old process on Hanover Street. The following lieguards were appointed by unanimous vote : Gregory Bashaw, Janie Caddell, Rod Gorman, Curt Colby and Evelyn Owens. James Wile was appointed Forest Garden and Robert Colby was appointed Moth Superintendent . The payroll was approved, for $19,888.37. The meeting was adjourned at 10:50 pm. Respectfuly submitted, G. Ashton Knight Selectmen' s Secretary on (XV SELECTMEN'S MEETING June 28, 1977 The June 28th Selectmen's Meeting was opened by Chairman James Lowe at 7:30 pm. The minutes of the previous meeting were accepted as read. A letter was sent to the State Department of Environmental Quality Engineering requesting their attendance at a public hearing to be held in Town Hall to set guidelines for sand removal at Plum Island. Post meeting note : This meeting had been planned for July 14th at 7:00 pm. School Superintendent Dr. Trainor presented a letter to the Selectmen reviewing the situation on fire calls at Tri.- ton Regional School. He said that he had made statements about the cost of a fire 'at Triton without knowing the back- ground on fire cost. Selectman Richard Knight said the cost of fires should be divided among the 3 towns , but Dr. Trainor answered that it was not in the budget. Chairman Lowe gave a review of correspondence between the Fire Engineers , Select- men and Triton School Committee. He stated that a newspaper account about the matter was not accurate . Fire Engineer James Wile reported that the cost of each fire was different because there were many variables to consider such as number of men and number of hours . He said the Board of Fire Engineers had a very good meeting with the school committee and will meet again in September to continue the discussion. The letter from Dr. Trainor is on file in the Selectmen' s office. Joseph Hutchins , Forest Street, and his attorney were present requesting a re-consideration of a sewage permit which had been turned down because the location was near a tributary of the Parker River_ . The attorney said that Mr. Hutchins would like to convert` a barn into a house and needed the sewage permit before he couls get a building permit. He gave his definition of a tributary as flowing water. He maintained that the tributary in question was only a dry ditch, while Chairman James Lowe said that water flows there 9 months of the year. David Caldwll said that the Board of Health Regulation of 1974 was made to protect the water shed. Charles Bashaw, Central Street stated that the tributary must be protected to keep Parker River clean qnd the Board of Health must abide by the 1974 regulation. The Board of Health took the matter under advisement. At 8:25 a petition was held for a pole location on Northern Boulevard by the telephone company. There was no opposition and permission was granted by unanimous vote of the Selectmen. A written request was received for postponement of the hearing scheduled at 8:30 regarding aller_gations by Leonard Chaisson. This request was granted and a new date will be set in the last of August. George Zibolis presented a petition regarding sand removal on Plum Island. Selectman Knight and Police Chief Orfant were named in the petition and Knight requested that his name be removed from the paper on the grounds that it was not a true statement. After much heavy discussion by all involved, there was no action taken but it was agreed to wait until after the meeting with state officials on the subject. Conservation Commission Chairman stated that his commission has always handled their business as they thought would be fair to everyone by taking a path in the middle of the road. He asked for a vote of confidence but did not receive it. Selectman Palumbo said that he believes that .selective permission had been given by Chief Orfant in the case of moving sand on Plum Island parking lots . Chief Orfant replied that he had always checked on all violations and asked if there was any change in policy. Byfield resident Ben Pearson requested at this point that SELECTMEN'S ME-,ETING June 28, 1977 the town officials clean out their house and get on with town business to benefit the whole town. Ronald Filmore, High Road, asked when the town float would be placed in position at the end of the wharf. He was told that the Harbormasters were working on it: - Hanover Street residents Mr. and Mrs . Roger Thurlow said that McDonald Trucking Company continued to produce a lot of noise throughout the night . Mrs . Thurlow said that the court order was not worth the gaper it was writted on. By unanimous vote , the Selectmen voted to notify Town Counsel to obtain a permanent court order against MacDonald to quiet down his operation. Mr. McClaridge registered a complaint regarding conditions at a cottage on 44th Street owned by the Hamil family. He said that there was an accumulation of rubbish and that many people seemed to be staying at the cottage. He requested the town to clean up the mess . The Selectmen voted to have the property inspected by the Agent of the Board of Health, the fire department and the building inspector. . An easement was received from Protection Fire Co. No. 2 allowing for an expansion of the Town Hall sewage leaching area. By unanimous vote the Selectmen instructed the high- way surveyor, John Travers , to proceed with the work. Selectman Richard Knight .made a motion. to reappoint Louis Dumas as full time police officer. There was no second. After a lot of discussion about the police budger and the strenght of the police department during the summer months , Mr. Knight made -the same motion again, but there was no second. James Wile and Richard Joy were appointed to serve on the Sandy Point Advisory Committee. The meeting adjourned at 11 :00 pm. Respectfully sub , itte , t W. Ashton Knight Selectmen's Secretary 93 SELECTMEN'S MEETING July 12, 1977 The July 12, 1977 Selectmen's Meeting was opened at 7:30 pm in Town Hall by the reading of the minutes of the previous meeting. They were accepted as read. Building Inspector David Caldwell declared that the hall was overcrowded and the meeting could not be held in Town Hall. By unanimous vote the Selectmen voted to move to another hall and the firemen agreed to move the fire trucks out and set up the chairs in the Morgan Avenue station. About 150 persons made the move to the fire station and the meeting reconvendd at 7:50 pm. Ralph Crooks asked when the town float would be placed in the Parker River and Assistant Harbormaster Ed Sternfelt reported that the float was still at Parker River Marine, no repairs had been made. He said that Harbormaster Lynch qould be coming to the meeting later in the evening and it was agreed to wait for a report from him. Elizabeth Williams reported on a state survey regarding regional disposal of rubbish in the near future. Trans- portation of rubbish would be shared by the small towns. The recovery plant would be privately owned and a charge would be made to each city and town. Chairman James Lowe stated that our present sanitary landfill could be used for many years as it is now being controlled in a systematic way. Police Chief Orfant recommended the appointment of Richard Hoyt as a part time police officer. After nomination by Selectman Knight, Mr. Hoyt was appointed by unanimous vote to expire April 1, 1978. a Chief Orfant gage a resume of the present police department and stated that 3 full time police officers were needed to give; 24 hour_ coverage the same as the town has had for 2 years . John McKeon asked howtmany full time police we have now and the answer from Orfant was one. ' McKeon asked why the police were being cut now at the beginning of summer. He said why not cut some other department. At 8:30, a hearing was held on a request from Ould Newbury Golf Club for a permit to install an underground 500 gallon gasoline tank. The abuttors had been notified and there was no objection so the Selectmen gave permission by unanimous vote, provided the installation is approved by -the fire chief. For the following hour and a half, there was much discussion about the police department budget and lack of coverage in an emergency. Chief Orfant recommended Louis Dumas as a full time police officer. Selectman Richard Knight made the motion that Dumas be appointed as a full time officer but there was no second. At 9:40, discussion was ended and the matter was taken under advisement but many persons wanted more discussion so it was continued until about 10:15. Attorney Stashio, representing Patricia Anderson of the Beach Galley, Plum Island Center, requested 2 No Parking signs be placed in front of the parking lot on Northern Boulevard. The Selectmen voted to place the signs as requested but included the front of Donald Phillips property, a total distance of 140 feet. Selectman Palumbo abstained from voting. Mr. Bagshaw from Berco, Inc, requested a report from the Board of Health regarding the proposed development between Central Street and School Street.. However, the Board of Health is waiting for a report from Mr. Clougherty of the State Board of Health on his inspection of the area. SELECTMEN'S MEETING July 12, 1977 Olga Roche requested that something be done regarding a neighbors house which is partially on a right of way. No action was taken by Selectmen. Mr. Claridge and several others registered complaints about a dangerous condition at a cottage owned by Mr. Hamel on 44th Street. They said there was rubbish and other items all around the cottage. A report was received from Fire Engineer John Gallant in which he said that the cottage was a fire hazard. It was also reported that the bottle gas installation was in bad condition and should be in- spected by Gas Inspector George Emerson. On July 13th, the gas installation was condemmed by Mr. Emerson. It was agreed by unanimous vote to have a complete examination and report on conditions at the Hamel cottage. By unanimous vote, Tax Collector Dolores Krupowicz was requested to start proceedings to collect all delinquent taxes. ' A written complaint was received against dogs belonging to Larry Rogers and Arthur Hart on Central Street. A hearing was set for 8:00pm on July 26, 1977. At 11 :15, the meeting was moved back to Town Hall for further business . After more discussion about the Parker River float, it was voted to proceed to have the float repaired and placed in the water as soon as possible . Robert Brown was appointed to be the town representative on a Transportation Advisory Committee at the M.V.P.C. Bruce Hiller was given a 30-day permit to dump stumps in the hole off Pine Island Road providing this material comes from Newbury. The B field Housing Corporation may make delayed y g P y � payments for town permits according to a vote by the Selectmen. James Lowe abstained because he is a member of the Corpora- tion. This action was necessary because the group has:-. no funds until they receive the Federal money. Martha Bagni was appointed to a lifeguard post by unanimous vote. Building Inspector David Caldwell was instructed to investi- gate the report that John Condon was conducting a summer camp at his Middle Road farm. The final payroll for fiscal year 1977 was approved for $43,808.25. Also, the July 12th payroll was signed for $9,626.06. The meeting adjourned at 11 :45 pm. Respectfully submitted, ` V ( C W. Ashton Knight Selectmen's Secretary 97, SELECTMEN'S MEETING July 12, 1977 In answer to Selectman Knight 's suggestion that because the last officer hired has to be the first to go during a cut- back, then he should be given first consideration as a part time officer, Chairman Lowe said "We have been informed by the Personnel Board and Counsel that is a case of a demotion and doesn 't go. . . . . " Lowe further stated, "Two years ago we lost Curran, McNutt , Caughey, Saroka; how is it that didn't throw._ the Department into chaos?" Orf ant B"f ecause when we lost Curran and McNutt, Mr. Lowe , we picked up two experienced officers; Officer Hoyt, full time ; Officer Syvinski, full time. Both were academy trained, both r were very well qualified. Both wanted to remain here in the Town bRt unf_ortunately the offer..-of more money came along and away they went ! Now this has been, if you want to know why some of the people leave , it is because the grass is greener and the money is better, there 's no question about it ! "A patrolman in Newburyport for a 38/z hour week starts off at approximately $$9,600. I have a brother in Newburyport and he 's making $200 a week more than I am as Chief of Police in the Town of Newbury. The advantages are better, of course they have more benefits, they have incentives education of going to school getting; this. . . . .this is why some of our qualified help we have lost. "Officer Curran went from here to become Chief of Police up in Berwick, Maine, I believe. I hate to say this , but I think in the past 6 years we 've been a training ground for a lot of people! And it ' s cost- ing the people money to train them. We don't send officers to the Academy! We should! Every officer that we send to the Acdemy is going to cost no less than 3000 so this is sometimes the reasons why I go out of town and hire people who work in law enforcement full time in another profession. They have the proper training; and they are qualified, We do attempt to hire people that live here within the Town, but it 's pretty hard. When you're not running two men in the cruiser 24 hours a day and take a green man on stick him out in a police cruiser and say "go ahead and do your job". It 's an impossibility. " Selectman Palumbo ;There has been a certain amount of closed lips because we have to respect the sole right of the Personnel Board to negotiate with our town police officers . We cannot inter- fere with them. We only do what we feel is best initially to insure the best interests of the Town.':' Mickey Villane Correct me if I'm wrong but there has been a surplus of money alloted for the police officer that was laid off. " Selectman Palumbo When this gentleman came up for reappointment we had to make a good faith determination on the full time officers in the Town of Newbury as to whether or not we would at this point in time , maybe not forever, forego having 4 instead of 3 full time officers. " Villane D5id it have to happen on the first of July?" Palumbo ' H s appointrii.ent came up at this particular tir.?e . rr Orf ant TlIf we don't have the money .to pay the officers next April, they're not going to work. " "And it 's up to the people, it 's up to the ,people if .they want to vote or the Finance 'Committee wants to transfer that 's up to the Selectmen, the Finance Committee and the people here from the Town. of Newbury. "Now, there has been no reorganization of the Police Depart- ment. There 's been nothing, now I 'll tell you why the officers went to collective bargaining, Mr. Palumbo?" Miss Salvo Ah, Mr. Orfant, I would suggest at this time, I 'm not a legal opinion, but I think if we had one they would advise ,you not to say anything, anything that had to do with col- kective bargaining. I8"s between the Board and the officers and this is a factor that should not be coming into this meeting! " SELECTMEN'S MEETING July 12, 1977 Chief Orfant "I have an officer who happens to be right here, back when it came appointment time , Mr. Palumbo, I believe you made the statement that he wasn't qualified. And I was very disturbed and asked you who you thought you were to tell me who's qualified to be a police officer. " "This man's been here over 5 years and he happened to be standing right there in the hall and we're damm lucky we didn't get his resignation right then and there . " "This is what has belittled the police department . It has dragged it down so low that there 's very little moral , in -.all sincerity,f _ Let me tell you people something, you don't spend a pickle for a janitor in the police station. Not a nickel and you don't pay anybody to wash the windows. The police officers do it because they have a little pride in it. This is very rapidly disappearing. "This is what 's causing it, this is what 's causing the problems in the town. Mr. Taylor from the audience asked two questions of the Board members . "Are you responsive to the will of the people? " and "Is there going on here, can we be honest enough with each other. . . . .a personality conflict, however or whereever?" "How can we be helpful?" Uhairman Lowe reiterated his earlier stance that the entire thing was politically motivated and ill—advised and that he detected political overtones. Selectmam Knight stated: "I 've been on the Board of Selectmen• in my 14th year and I 've never before seen any disharmony amongst the Board of Selectmen and the Police Department until about January or shortly after. " Selectman Palumbo stated that the Board had made a good faith determination in the entirm matter, that it wasn't a question of personality., the officer in question was not the issue , it was the position which was terminated. And finally, that the whole matter was whether the governing body of the Town of Newbury was the Selectmen or the Police Department. The above statements were made at the July 12,_'1977 meeting of the Board of Selectmen. The issue deals with the proposed cutback of a full time police. position in Town. Direct quotations in this writing come from a recording made by Selectman Palumbo in accord with Massachusetts General Law 303 (Open Meeting) . These statements are being offered at this time to be incorporated into the Selectmen's minutes for Ji11y 26, 1977• Any individual wishing to listen to the tape may make arrangements with Ashton Knight, Selectmen's Secretary. Thomas G. Palumbo, Selectman 10 SELECTEEN'S MEETING July 26, 1977 The July 26, 1977, Selectmen's Meeting was opened by Chairman James Lowe at 7:30 pm. Selectman Palumbo motioned that the minutes of the last meeting be held until next meeting so that he could add some statements to the record. However, the minutes were read by the Secretary, but they were not approved pending the additions by Selectman Palumbo. Building Inspector David Caldwell reported on an inspection of the summer camp of John Condon on Middle Road. He found 14 children aged 10-14 living at the camp for the summer and having various activities as advertized in a letter sent out by the Condons. Mr. Caldwell recommended that the fire department and the Board of Health inspect the camp and farm and report at a later meeting. At 8:00 pm a hearing was held on a dog complaint from persons living in the vicinity of Larry Rogers and Arthur Hart, who have dog kennels on Central Street. All persons envolved were sworn to tell the truth by Town Clerk Ralph Lowell. Nick Ivone, Sandy Fowler and Tom Landers all stated that the main complaint was barking dogs _ early in the morning and late at night They also said it was wrong to have two kennels so close together. Rowley Dog Officer, Louis Moison had investigated because Newbury Dog Officer Richard Cunningham is related to Larry Rogers . Mr. Moison stated that each case should be separate and it was bad planning to consider both together He also said that he had visited both kennels and found the dogs all confined and in good health. Mrs . Larry Rogers said that their dogs were fed at 6:00 pm and at that time . they do bark, but not all night. Also, a neighbors dog comes in her yard at 6:00 am and starts Tier dogs barking. Those signing the complaint were : Mr. & Mrs . 'tom Landers , Mr. & Mrs . Nicholas Ivone, Mr. & Mrs . Lynwood Fowler, Mr. & Mrs. Ronald Fowler and Mr. & P°Zrs. Charles Hardy. All agreed that the dogs should be kept quiet. Selectman Palumbo made a motion that the Selectmen view the two kennels . This motion was carried and then by unanimous vote the hearing was closed and the complaint was taken under advisement. At 8:45 pm, a hearing was held on an application for an all alcoholic license for Howard Johnson at the Oriental Inn property on I-95 and Central Street. Attorney Stuart Plumer spoke for Howard Johnson and showed plans of a 5000 square foot new building to. be built and _leased to Ho=Jo by Mr.. .Hawkins., Part of the present building would be torn down to make room for the restaurant. There would be no open bar, but only a service bar for the dining room. The motel would be separate and not owned by Howard Johnson. There was no opposition to the liquor license and the hearing was closed and taken under advisement. Then, by unanimous vote the Selectmen granted the all alcoholic license . Peter Poor, owner of Carleton Ambulance Service, reported on a meeting with the Byfield Fire Department regarding ambulance coverage of the town. He stated that his company could give faster service to Oldtown and Plum Island because of the distance involved. He requested the Selectmen to consider a contract at a cost of $3000 a year. This retainer and contract would be similar to those with other towns. The Selectmen, by unanimous vote, took the matter under advisement . Gloria Salvo, Fordham Way, Plum Island, questioned Moth Supt. Robert Colby on the progress of the spraying for web worms . Mr. Colby reported that he had sprayed twice with a mixture of diazon and malathion and the insects were under control. Miss Salvo also requested that the Moth Supt. keep accurate records of his work. 103 SELECTMEN'S MEETING July 26, 1977 Miss Salvo asked Highway Surveyor John Travers to sweep the Plum Island f,,oads , repair soft shoulders at the center and install a new one way sign at the intersection of Harvard Way and Fordham Jay. Mr. Travers said he would check out her requests . She also questioned the Board of Health on regulations regarding camping in the parking lots , changing clothes in parked cars and provision for toilets. The Board of Health stated that camping was a matter for the police department but there was no law against changing clothes in a car and toilets were not required in parking lots . Joe Stone and Martin Fay, presidents of the two fire companies, questioned the selectmen regarding insurance coverage of firemen in case of a law suit from an injured person receiving treatment by one of the firemen or policeman. It was reported that the good samaritan act covers only doctors and nurses . The Selectmen agreed to check on present insurance coverage and attempt to get a policy to cover police and firemen against law suits. Olga Roche requested some report on the situation whereb ;l a neighbors cottage is on a right of way and may be on her property. Building Inspector David Caldwell stated that he had seen no proof that the cottage was on Mrs . Roche 's land. The Selectmen agreed to eliminate the congested neighborhood on Northern Boulevard. Mrs . Roche requested that a letter ` be sent to her lawyer, A. Vincent Kelleher, to clear up a misunderstanding ,regarding the set back of a cottage from the side line. It was agreed to apply to the Highway Safety program for funds to purchase a traffic counter. The request from the library trustees for support in an application for an All American Award for Newbury was appreved by the Selectmen. After a motion by Richard Knight to make two police appointments , the Selectmen went into executive session to discuss the applications . Returning to the open meeting, Jay Larcome was appointed as_ a part-time police officer by unanimous vote. Richard Casey was appointed by a vote of 2 to 1 with Selectman Palumbo abstaining. Both part-time police appoints--.ents will expire on April 1, 1978. It was voted that all department heads be notified to make an inventory of all town property. The secretary was requested to advertise for bids on the Town Hall renovations. The meeting was adjourned at 10:20 pm. Respectfully submitted, W. Ashton Knight Selectmen's Secretary 105 SELECTMEN'S MEETING August 9, 1977 The August 9, 1977 Selectmen' s Meeting was opened. at 7:30 pm by Chairman James Lowe who then moved that 5 pages of state- ments, as furnished by Selectman Palumbo, be added to the minutes of the July 12th meeting, but that these statements need not be read aloud. This motion was carried with Select- man Knight voting no. Selectman Knight then moved that the secretary' s minutes of July 12th be accepted with no addition. There was no second to this motion. The five pages as written by Selectman Palumbo from a tape recording of the meeting were then read by Secretary Ashton Knight. During the reading, Selectman Knight interupted with a motion that the added statements be laid aside. There was no second and the reading was concluded. Selectman Palumbo moved that the minutes of July 12th be accepted with the added. statements. Chairman Lowe seconded the motion with the statement that additions were for this time only. Selectman Knight voted no on the motion but it was carried 2 to 1. For the record it should be stated that Selectman. Palumbo' s statements and tape are only a partial record of the July 12th meeting. At 8:00 pm the Selectmen opened bids for 93 Highway Regulatory and Warning signs. Massachusetts Traffic Signal Company, New England Barricade and Donel Company all gave bids for the signs. The Selectmen took the bids under advisement and asked for the highway surveyors recommendation. The secretary' s minutes of the July 26th meeting were read and accepted. It was reported that insurance_'is available to cover the fire- men and ambulance crews as first responders in case of law suits by a patient. This insurance would cost about $400.00 a year but more information was requested by the Selectmen. Selectman Xknight asked for a report from Moth Supt. Robert Colby on the progress of spraying for web worms. Mr. Colby was not present but a report from him is expected soon. Secretary Ashton Knight ' s resignation was accepted with regret to take affect September 30, 1977. At 8:30 pm bids were opened for renovations of Town Hall. Robert Bashaw' s bid was $9,593.50 and Henry C. Becker bid $8,942.00. The bids were taken under advisement and later on in the evening the contract was--given to Henry C., Becker by unanimous vote. Nick Ivone asked if there was arty decision on the d.og complaint against two Central Street kennels and the answer was no decision as yet. Post nmeiir note: A letter was sent to all envolved asking them to practice "a good neighbor policy". Olga Roche inquired about the possible land swap so that her neighbor, Lena Kodzis , might move her cottage away from the congested area. A letter was sent to Mr. and Mrs. Kodzis asking them to come to a Selectmen' s meeting to try to resolve the matter. A meeting was planned for August 16th to discuss the ambulance issue with the Board of Fire Engineers. John Travers was given permission to widen the following roads: Ol'd Pine Island Road, Old Rowley Road, Middle Road, Cottage Road, Plummer' s Lane and Orchard Street. David Caldwell gave a further report on his inspection at John Condon' s Middle Road summer camp. He said that the emergency exit from the third floor should be improved. It was,,--.agreed that a written ruling should be obtained from Town Counsel Lagoulis giving the town' s duties and power regarding summer camps. SELECTMEN'S MEETING August 9, 1977 107 Highway Surveyor John Travers reported that the road resurfacing program was successful except at Plum Island Center where there is a drainage problem. He stated that he would draw up a report and recommendations and send them to the Selectmen and finance committee. The Payroll was approved for $22,861.55 and C.E.T.A. payroll for $1,652. 35. The meeting was adjourned at 9:25 pm. �R/espectfully sub itt 9r - W. Ashton Knight Selectmeng.s Secretary SPECIAL SELECTMEN'S MEETING August 16, 1977 A special selectmen' s meeting was held in town hall on August 16, 1977, with the Board of Fire Engineers to discuss the ambulance issue. Chairman James Lowe read a report on the subject as prepared by the fire engineers in 1975. This report gave the recom- mendation that the ambulance question be decided by the people at a town meeting. John Gallant expressed his personal feeling that because of distance, the town should be able to call Carleton Ambulance for emergencies in Oldtown and Plum Island. Richard Knight, Wallace Pearson and James Wile all expressed the feeling that the Byfield ambulance gave fine service, but the eastern end of town could be better covered by Carleton Ambulance Service. Arthur Allen said that we should have a first responder at all accidents to give first aid and then have the ambulance do the transporting. He suggested that all police should be trained as first responders. It was agreed that a new survey of ambulance service in the surrounding towns should be conducted. The Selectmen stated that the subject of ambulance service should be decided by the people at the next towm meeting. The Payroll was approved for $23,414.76 and C.E.T.A. Payroll for $1,876.89. The following persons were drawn for ju°ty duty. Charles Sforza, Chute Road, for Salem Court ; Albert Smigh, 7 Forest Street, for Salem Court ; Burt Noyes, Jr. , Cottage Road, for Lawrence Court. The meeting was adjourned at 9:00 pm. Respectfully submitted, ZY- -� W. Ashton Knight , Selectmen' s Secretary 10 SELECTMEN'S MEETING August 23, 1977 The August 23, 1977 Selectmen' s Meeting was opened by Chairman James Lowe at 7:30 pm. The minutes of the August 9th and August 16thmaeting_s were accepted as read by the secretary. The weekly payroll was approved for $42,973.30 as well as a Revenue Sharing payroll for $1,881.00 and C.E.T.A. Project payroll for $2,128.L�3. A copy of the reprinted Coffin' s History of Newbury was presented to the Selectmen by Richard Cunningham, representative of the Sons and Daughters of the first Settlers of Newbury. The Selectmen thanked Mr. Cunningham and the Society for the history and also congratulated them on their 50th anniversary. At 7:45 pm Attorney Robert Rudolf presented a petition to the Selectmen regarding towing practices of the police department . The petition was signed by over 125 persons and is on file in the Selectmen ' s office . Mr. Rudolf stated that there was no wrong doing but maybe a suspicion of favoritism by the police. He also stated that lie and Ted Cole had written the petition.- Mr. Rudolf said that Ted Cole had received a small part of the towing business and being a local -taxpayer he should get more of the work. He also reported that the Selectmen are the policy makers for the toirn and should adopt Chapter 40 Section 22D .to provide a local by-law to divide business fairly among all. Police Chief Orfant stated that the town had accepted Chapter 97A, so he is in charge of the police department. He aaid that the present policy was roughly that Volpone handles calls in Oldtown and Plum Island and Ted' s takes care of Byfield. Volpone has more calls because there are more accidents in Oldtown and Plum Island. However, Ted gets 75% of the calls on Route 95 according to Orfant . The Chief also said that the persons who signed the petition were told that he was 1/3 owner of Volpone towing service. He said this was false. The Selectmen took no action on the petition, but agreed that all departments should use local services as much as possible. Port Engineering Company furnished several pages of recom- mendations on Title V of. the state sanitar7 code fob the condideration of the Selectmen. Henry Becker ' s request for an easement to allow him to pipe water under Southern Boulevard was approved. It was agreed that an occupancy permit was necessary before a new family moves into Arthur Hamel ' s ' cottage on 44th Street. New England Barricade Company of Newmarket was awardz_d the contract for supplying regulatory signs to the highway department. They were the only firm bidding on Hi-Intensity signs to meet state standards . Olga Roche and her sister, Helen, requested a decision on a previous permit to move Mrs . Kodzis cottage near their Northern Boulevard property. Building Inspector David Caldwell and the Selectmen agreed that until a survey is made , there is nor proof that the Kodzis cottage is in any violation. Also, it was stated that the matter is a civil matter between Roche and Kodzis. A report of Harbormasters Lynch and Sternfelt was received and accepted. They requested that the town insurance cover them in the future . Selectmen took the request under advisement. It was reported that 6 out of 9 of the police department are trained as firdt responders . SELECTMEN'S MEETING August 23, 1977 Selectman Palumbo suggested that all new kennel applications be reviewed by the Selectmen. However, it was stated that this had been covered by a vote of previous Selectmen. Gene Palumbo requested a new street sign on Boston Road and also eradication of poisen ivy beyond the third house on Boston Road. B6th requests were forwarded to Highway _4' Surveyor John Travers for action. Moth Supt. Bob Colby reported t�iat the web worm program was nearly complete. The meeting adjourned ,at 9:45 pm. Respectfully submitted, W. Ashton Knight Selectmen'.s Secretary 113 SELECTMEN'S MEETING September 13, 1977 The September 13, 1977 Selectmen's Meeting was opened by the reading of the minutes of the previous meeting. They were accepted as tead by the Secretary. Joe Stone reported on an insurance policy which would cover firemen and ambulance personnel against all law suits for $850.00 a year. He said that only those personas who were trained in advanced first aid and as first responders could be covered. The Selectmen requested that an attempt be made to cover the police and lifeguards, also. They took the matter under advisement until more information is available . Joe Stone also requested the installation of a flood light to shine on the new parking lot next to town hall. Selectman Knight suggested that a lease could be arranged with the Fire Company for $1.00 and maintenance on the front half of the parking lot. This idea will be investigated before action is taken. Martha Hopping requested a sign near her blind driveway on Hanover Street . Permission was granted providing that she furnished the sign and highway surveyor John Travers installed it . Charles Bashaw, 9 Paul 's Way, reported that only 300 feet of the 490 feet accepted road on Paul ' s Way was paved. He requested that the balance of the street be paved because of the poor condition of the street . The Selectmen instructed John Travers to investigate and do what he can to improve the surface of Paul 's Way. Also, an article might be included in the next town meeting to improve all gravel roads in town,. Attorney Peter Jensen presented a petition and affidavits regarding towing of cars in Newbury. He read the petition and requested that it be added to the minutes of the meeting. He represented Newb-uryport Fiberglass who would like a ,share of Newbury's towing` business . Selectman Knight stated . that all departments. heads , highway, tree warden and police, were in charge of truck hire for their departments. Select- man .Lowe said that Ted Cole was a big taxpayer and his towing service should be used. . The petition stated that the town was disregarding General Laws Chapter 268A Section 23 in the conduct of town employees . Police Chief Orfant asked if that meant conflict of interest and Attorney Jensen said no. The petition also requested the Board of Selectmen to set up an answering service to handle calls for tow trucks . The Selectmen took the petition under advisement. The five page petition and affidavits are on file in the Selectmen's office. Mr. Green and Mr. Allenick from the Hellenic Credit Union of Peabody said that they have taken over the Island House on Northern Boulevard by foreclosure and could they be sure of a beer and wine license for a new owner_ . The Selectmen stated that Board of Health and safety standards must be met before the restaurant could open again and no promise on a liquor license could be made until the new owner is known and the proper hearing is held. Also, since the Island House is in a residential zone a variance would be necessary for any change in business. Dog Officer Richard Cunningham requested an opinion from the Selectmen regarding a kennel license for Harold McIsaac on Old Fruit Street. Cunningham said there were no problems in the neighborhood and the Selectmen were unanimous in their vote of approval for the kennel license. The young people of the Byfield Grange requested permission to sponser square dance classes in Byfield Town Hall on Friday evenings. The Selectmen voted to grant the request providing arrangements are made with Bob Field, the custodian. SELECTMEN'S MEETING September 13, 1977 The following jurors were drawn by the Selectmen: Joseph Jaques, 42 Parker Street - Salem, October 3. Patricia Fern, ' 19 High Road - Salem, October 3. Bertram Savage, Jr. , 1 Marsh Avenue - Lawrence, October 3. Robert Colby requested the release of the cease and dissist order of the Selectmen on the occupancy permit on his house at Flay Street and Kent 's Island Road. Selectman Knight stated that Colby' s well was on town land and must be moved. Mr. Colby showed his building and sewage permits but they were questioned by the Selectmen and Health Agent Orfant. Orfant said that he did not approve the sewage installation because the high tide came to the septic tank. The Select- men agreed that Colby must prove his boundaries and they will make an on site inspection before making a decision. A request by the Haverhill Gas Company to install gas at ' 39 Hanover Street was approved by unanimous vote. A representative of the Parker River National Wildlife was present to ask the Selectmens opinion on proposed expansion ,of the wildlife area south of Marsh Avenue. The expansion would include board walks , comfort stations and a ,rider driveway off Marsh Avenue . As no town property is included, the Selectmen suggested that all abuttors be notified before the project started. Byfield Water Superintendent David Caldwell was given permission to close Larkin Road. two hours at a time during the installation of new water pipe. After a motion by Selectman Palumbo, it was voted to send letters of commendation to Officer George Riel and Chief Daniel Orfant for their outstanding work during and after the emergency on Plum Island Bridge the evening of Septem- ber 6, 1977• The meeting adjourned at 10:40 pm. Respectfully submitted, W. Ashton Knight Selectmen's Secretary 117 SELECTMEN'S MEETING September 27, 1977 The meeting was opened at 7:30 pm by Chairman James Lowe and the minutes of the previous meeting were accepted as read by the secretary. Mr: Thomas Landers spoke regarding the continued noise from the Rogers ' dog kennel on Central Street. He said that the barking was getting worse instead of better. He presented two letters from Dr. Sampson saying that both he and Mrs . Landers were suffering from hypertension aggrevated by the barking dogs. Other residents of the area, Mrs . Hardy and Nick Ivone, stated that the dogs were very noisy and some- thing must be done. Mr. Ivone asked about the proper pro- cedure and law to follow. Dog Officer Richard Cunningham and Selectman 'Lowe read from the book of dog laws and the neighbors agreed to come back with a written complaint. Selectman Palumbo moved that the County Dog Officer be con- tacted to investigate and the motion was approved by unanimous vote. Dog Officer Cunningham said that he would disqualify himself because he is related to Larry Rogers, the owner of the dogs. Arthur Allen spoke regarding the first aid and C.P.R. training necessary for all police and firemen. He presented a letter giving the scope of the training and he offered to give assistance as needed. A report from the police depart- ment said that six out of nine officers were already trained and the other three would take the necessary courses . Four members of the Protection Fire Company No. 1 need to be trained and no report was received from Protection No. 2. The Selectmen thanked Mr. Allen for his offer of help and will call him when he is needed. An invitation wasi received from the Friends of the Town Library building. A resignation was received from Delphine Landford as a member of the Council for the Aged: It was accepted with regret and a letter of thanks for her service to the town was sent to her. Letters were received from Mr. �Thitmore, Donald Bade, and Mr. Holenbeck protesting the proposed development by Berco Inc. between School and Central Streets . They expressed concernfon sewage disposal and drainage for the whole area. Selectmen, Chairman Lowe stated no, action had been taken by the local Board of Health because written approval had not been received from the State Board of Health. Selectman Knight suggested that the Essex County Mosquito Control might drain the area with ditches. Planning Board member Walter-Mills said that revised plans were on,,display in the town library and they would be discussed at a meeting in Byfield Town Hall on October 5, 1977. The following written motion was presented by Selectman i Palumbo: 1. That hereafter all requests for a wrecker by the Newbury Police Department be channeled through a private answering service; the cost to be borne by the towing com- panies known as H and J, Volpone Towing, and Newburyport Fiberglass. 2. For all calls made by the Newbury Police within the areas encompassing Byfield, Route 1, Route 1A, the answering service will dispatch Ted's Mobile, a towing company; owned and operated by a resident taxpayer. If Ted' s Mobile is unavailable, then the next company on the list of H and J, Volpone Towing, and Newburyport Fiberglass would be dispatched. SELECTMEN'S MEETING September 27, 1977 >s 3. That geographically the areas of Rolfe 's Lane , Montgomery Park, Plum Island Turnpike, and Plum Island would be more expeditiously serviced by the towing companies of H and J, Newburyport Fiberglass and Volpone Towing. There_- . fore, requests within the geographical area will be made in rotating fashion. Selectman Knight made a motion to take the matter under advisement. There was no second. Palumbo 's motion was approved by a mojority vote with Selectman Knight voting no. It was to go into effect on October 1, 1977. , A copy of the motion was mailed to Attorney Jensen, H and J Towing, Volpone Towing, N:ewburyport Fiberglass, Ted' s Mobile and the Police Chief. Robert Colby asked if there was any action of his request for release of a cease and desist order on his occupancy permit for a house on Hay Street and Kent 's Island Road. Selectman Palumbo said that new maps show Colby's land and he believes the well is on Colby's property. Former Selectman and Assessor, Martin Burns, stated that a 1936 layout by County Engineers moved the road north easterly leaving some land to the abuttors; Noyes and Colby. Selectman Palumbo showed a 1972 sewage permit,. a 1972 plan byengineer Daniel B. Knight, and* a 1973 building permit all pertaining to Colby's property. Palumbo then made a motion that Building Inspector David Caldwell be instructed to issue an occupancy permit to Robert Colby if all requirements are met. The motion passed with Selectman Knight voting no. The payroll was approved for $244,385.20 and the C;zE.T.A. payroll for $1 ,436.50. A Special Town Meeting was planned for October 18 to 'appro- priate money from the Public Works Revenue Sharing Account. Permission was given to Merrimack Valley March of Dimes for a walk through'.Newbury on November 6, 1977. The Selectmen interviewed candidates for 'the Secretary position vacated by W. Ashton Knight. They appointed Diane E. Colby for a trial six month period by unanimous. vote. Her pay will be $130.00 per week. The meeting was adjourned at 10:00 pm. Respectfully subfitted, W. `Ashton Knight Selectmen's Secretary 121 SELECTMEN'S WORKSHOP/MEETING October 3, 1977 At 6:05 p.m. , October 3, 1977, the Selectmen's Workshop was called to order for the mechanics of the answering service pertaining to the automobile towing situation. The Selectmen's Meeting was called to order at 7:04 p.m. Thomas Polumbo asked if there were any questions on the motions. There were none. Charlotte Jones read the policy on how the calls would be handled. There was a lot of discussion over the fact that only Volpone carried AAA and how this would effect the set up of the new towing policy. If someone requests AAA, then Volpone would be called. Charlotte Jones stated that there would be a monthly bill of fourty-five ($45) for the answering service in regards to the towing. This bill is to be paid by the Newburyport towing companies, Volpone, H and J, and Newburyport Fiberglass. Ted 's Mobile gets a zone all of his own and does not have to pay part of the answering service because he is a resident taxpayer, whereas the other towing companies are from New- buryport. Daniel Orfant thought that there was to much releying of information and that it would be easier to make a call dir- ectly to the towing company. He said that he didn"Lt have enough desk coverage and that between 12:00 and 8:00 a.m. all calls must_'go through the Newburyport Police switchboard. Charlotte again explained how the calls would be handled and then showed how the bill would be set up. Daniel Orfant said that any complaints that he receives about the new towing contract would be referred to the Board of Selectmen. Copies were made of the new towing contract and passed out to the members of the Board .of Selectmen. A few changes were made, and it was decided that it should be retyped formally including the motion and sent to all interested parties . It is typed and filed in the Selectmen's Office. It reads as follows : POLICY FOR THE AWARDING OF TOWING CONTRACTS .IN THE TOWN OF NEWBURY I. A. Hereafter, all requests for a wrecker by the Newbury Police Department are to be channeled through a private answering service ; the cost is to be borne by the towing companies known as H and J. Volpone Towing, and Newburyport Fiberglass . B. For all calls made by the Newbury Police within the areas encompassing Byfield, Route 1, Route 95, Route 1A, the answering service will dispatch Ted's Mobile, a towing company owned and operated by a resident taxpayer. If Ted's Mobil cannot, for any reason, respond, the next company on the rotating list of H and J, Volpone Towing, or Newburyport Fiberglass would be dispatched. C. Geographically, the areas of Rolfe 's Lane, Montgomery Park, Plum Island Turnpike and Plum Island, would be more expeditiously serviced by the towing companies of H and J, Newburyport Fiberglass and Volpone Towing. There- fore , requests for a wrecker by the. Newbury Police within this geographical area will be -made in rotating fashion. 12-3 SELECTMEN'S MEETING/WORKSHOP October 3, 1977 II. Format for requests for a wrecker through the answering service. A. Officers wanting a tow company to respond to a call, will call the answering service at a number. The officer calling will identify himself by giving his name to the oper- ator at the answering service. The officer calling will also tell us if the location that the tow truck is needed is in Zone I or Zone II. Zone I being Routes 95, 1, lA and all of - Byf field; Zone II being Plum Island and all side streets on the easterly side of Route 1A. B. Only Police officers are to call the tow service number,-This is to insure that the line will not get tied up with unnecessary calls . If Tow Company wants to know where they stand on the list, they may call Answering Service 462-----. C. Lone 1 : Includes all of Byfield and area surrounded by Routes 95, 1, 1A. All calls from Zone #1 are to go to Ted's Mobil, (if unavailable, call next Tow Company on the Zone #II list and make a note that we did so. ) D. Calls will be taken as they come in; either tow or road calls, etc. ' E. Request Calls : A list will be kept of all calls where a party asks for a particular tow company to respond. The calling officer is to inform the answering service of the name and address of the requesting party. AAA calls are to be identified, also. F. Coverage: No Tow Company can be designated to cover for another Tow Company. If there is no answer at phones listed for a parti.cular.. company, we will note their nonresponse and .call the next company on the list. G. I will bill monthly for the service at a rate of fourty-five dollars ($45) per month. I will submit the monthly bills to Howard Hicks, who will be responsible to collect payment from Le.onard Chaisson and Gerald Volpone for their share of expenses . I will give a monthly copy of all calls through the Answering Service to Howard Hicks, who will get copies made- and distributed to the Newbury Board of Selectmen, Chief Orf ant .and Tow Companies. H. If a Tow Company responds to a call and the car is gone, they are not charged for the call and will get the next call submitted. They must notify the answering ser- vice. The above policy for Towing is in effect as of October 4, 1977. The substance of this policy is a result of a written motion submitted by Selectman Thomas G. Palumbo at .the September 274" 1977 meeting of the Newbury Board of Selectmen.. The motion carried by a majority vote and on October 3, 1977, the Newbury Board of Selectmen met with all concerned parties to go ' over the implementation and procedures which are to be followed. This policy was signed .by James A. Lowe, Chairman of the Board of Selectmen and by Thomas G. Palumbo, . Selectman. Richard ,Knight did not sign. Articles were read and approved by the selectmen, during the Selectmen's Meeting about the transferring of funds . The meeting was adjourned at 7:04 p.m. and the Policy for the Awarding of Towing Contracts in the Town of Newbury went into effect October, 4, 1977. ,- Respectfully Submitted Diane E. Colby Selectmen's Secreuary 25 SELECTMEN'S MEETING October 11 , 1977 At 7:30 p.m. -on October, I1;, 1977 , _th_e__Seleotmen's. .m.ee:ting, was = called to order. The minutes of the previous selectmen' s Meeting of September 27 , 1977 were read by the former Select- men' s Secretary, W. Ashton Knight, and are recorded as ammended. The minutes of the meeting of October 8, 1977 were read by the new Selectmen' s Secretary, Diane Colby, and are recorded as amm ended. Berco Inc . was first on the agenda. Mr. Hyde of Berco Inc. stated that he would like to see some action taken, especially now that the Board of Selectmen had received a letter from the state. This letter, however, failed to mention anything about the surface drainage, which is the prime complaint from the neighbors of the proposed site. The people would like to see an outside opinion on the surface drainage. and how it would effect the area as the Berco experts give it positive reinrorcement, an expert from the state told James Lowe and Charles Bosworth that he th-ought the swamp could hold no more water. Some possible solutions for the drainage were suggested and dis- cussed such as putting in a new larger drain pipe. This new one would be 30 inches, where the old one is only 18 inches. Selectman Palumbo made a written motion stating as follows: "WRITTEN MOTION SUBMITTED BY BOARD OF HEALTH MEMBER THOMAS G. PALUMBO IN RE MATTER OF THE BIRCH LANE SUBDIVISION PROPOSAL. -'- In May of this year the Newbury Board of Health requested tech- nical assistance and accompanying data from the Department of Environmental Quality Engineering concerning the proposed drainage system and swampy area in the Birch Lane Subdivision Proposal. Among our requests were that the State sample the swamp on the site , into which the surface drainage of the Subdivision would flow, for possible bacteria content. Because surface drainage and runoff from the Subdivision into the swamp will affect its level , we requested technical assistance in determining if under any conditions, or at any time of year, possible flooding could pose a real threat to nearby property owners. To date we have received only one letter from the State which neither addresses nor answers any of our questions. I believe that to make an intelligent determination on the pro- posed drainage system for the Birch Lane Subdivision, we need technical information which can only be provided through an Environmental Impact Study. Therefore, as a member of the Newbury Board of Health, I respectfully submit the following written motion on October 11 , 1977. MOTION A. I move that the Newbury Board of Health refrain from making a formal determination on the drainage system of the proposed Birch Lane Development until we' are provided by the owner/ developer (Douglas Hyde ; Berco Inc.) with a complete Environ- mental Impact Statement. 1 . Many concerned residents of our town have questioned areas of this plan which concern the drainage system that have also been a major topic of our board. To date all questions still remain unanswered. Why base our conclusions on specu- lations? With a report of the Environmental Impact of this development on the neighboring properties, we would have at our disposal data and technical information that would allow us to render an intelligent and totally knowledgable decision. Respectfully Submitted, Thomas G. Palumbo Selectman and member of the Board of Health" 127 SELECTMEN'S MEETINTG: October 11 The motion was denied with Selectmen Knight and Lowe voting no. :Arthur Hamel appeared before the Board of Selectmen concerning the habitability of his property at 44th Street on Plum Island. A report in re matter of property of the estate of Arthur Hamel Jr. was written by Selectman Palumbo. It is as follows: "REPORT IN RE MATTER OF PROPERTY OF THE ESTATE OF ARTHUR HAMEL, JR. We have received many complaints concerning the habitability of property owned by the Estate of Arthur Hamel , Jr. which is located on 44th Street Plum Island. On July 12 , 1977, an inspection was conducted by Captain John Gallant of the Newbury Fire Department and a portion of his report stated that the property in question was "unfit for human habitance and. . .a fire hazard to any occupants and surrounding neighbors." Our local gas inspector has since condemned the gas installation. On August 30, '1977, the Newbury Board of Health sent a certi- fied letter to the concerned party putting them on notice that: an occupancy permit would have to be obtained before further rentals would be permitted. On September 8, 1977, the Newbury Board of Health and the State Department of Public Health conducted a joint inspection and issued a report- declaring the property unfit for human habitation and condemned. Seventy-two violations were cited in the report sent to the party in violation. Part of the substance of our report was that because "of the `structural weakness of the build- ing, . .the building be either repaired or demolished within 30 days of receipt of this notice." On October 11 , 1977 , I conducted a visual inspection of the pro- perty and found there to be little or no action taken with respect to repairs. There were thirteen (13) broken windows, a large pile of wood debris, and broken bottles in the rear yard, and in general a deplorable condition throughout. As a member of the Newbury Board of Health, I would like to have the Board consider the following courses of action: A. That we take a course of action similar to that taken by us recently concerning property owned by Sewa Joshi. We could instruct our Highway Department to clean up the area and board up the building. A lien would then be recorded on the property in the Salem Registry of Deeds in the amount of costs incurred by the Tvwn to secure the dwelling. (State Regulation 38.1 ) B. That pursuant to Regulation 37.4, the Board of Health have t the dwelling demolished and that the Board file a statement of claim in the Registry of Deeds for the amount of demolition costs. C. That we inquire of our Tax Collector as to the amount of past due taxes and if substantial , encourage that Department to adver- tise and take the property for tax title. A, B and C above are proposals for discussion by the Newbury Board of Health. Which option we will follow I hope will be based on a complete evaluation of all the facts and a determina- tion after meeting with Tn Counsel , a course of action which best serve the interests of the Town of Newbury. Respectfully submitted:, Tho,ras G. Palumbo, Member of the Newbury Board of Health. s l 129 SELECTMEN'S MEETING October`ll , 1977 The Board listened to the explanation of Mr. and Mrs. Hamel and gave them some time to sell their place as they already had a prospective buyer who had put a retainer down on the lot. In reference to the action to be taken for Berco Inc. , they were going to petition the state and try to get some further assistance. There was a lot of discussion concerning the safety aspects of putting in a sidewalk on Central Street. The Selectmen unani- mously voted on putting up school zone signs, and also one stop sign for the purpose of slowing down the vehicles concerning the safety of the children. Deadlines on state funds , specifications of-.. the sidewalk, and the cost of the sidewalk are going to be looked into before any final decision is made. Two Jurers were picked for duty the seventh day of November in the year 'of our LORD Nineteen Hundred and seventy-seven. Picked by Richard Knight was Elizabeth C. Perkins of 4 Anchor' s Way in Newbury. Sho is to report to the Salem court. Curtis Walton of 10 High Road in Newbury is to report to the Lawrence court. He' was picked by James Lowe. Police Chief Daniel Orfant said that Mr. Pilcher, the owner/ operator of the Plum Island Beachcomber was operating an unlicensed pool table. He also found that minors were playing pool. The selectmen decided that a certified letter should be sent to Mr. Pilcher, asking him to stop the use of th s amusement -until he receives a license from the Board of Select- men. The resignation of Richard S. McHale from the Planning Board was received with regret, and a letter of thanks is being sent out to him. Mary Smith was appointed for the opening in the Counsel of Aging. Telephone pole ownership transfers were signed. Respectfully submitted, Diane E. Colby Selectmen' s Secretary 131 SELECTMEN' S MINUTES October 25, 1977 SELECTMEN/PLANNING BOARD JOINT MEETING At 7:05 p.m. on October 25, 1977, the Special joint meeting of the Selectmen and the Planning Board was called to order for the purpose of naming a new member to the Planning Board, the position vacated by Richard S. McHale. The candidates for this position were Mrs. Judy Kidd of 40 Parker Street in Newbury and Mr. Arthur G. Allen of 73 Central Street in Byfield. Mrs. Kidd was voted in with 4 votes in her favor, and 2 votes for Mr. Allen. It was a difficult decision to make because both of the candidates were well qualified. The majority of the men felt that Mrs. Kidd had more time to offer to the Board. This special meeting was adjourned at 7:a0 p.m. , on October 25, 1, 9770-1 . SELECTMEN'S MEETING At 7: 30 p.m. on October 25, 1977 , the regular Selectmen' s meeting was called to order by Selectman Lowe. The minutes of the October 11 , 1977 meeting were read and are recorded as ammended. Mr. Pilcher, the owner/operator of the Beachcomber, came in. He was told that he could not operate his pool table until it is licensed. He must apply for a license and have a hearing set up. The Selectmen suggested that he wait until the end of the year and apply for one at the beginning of the new year, but they would do nothing to stop him from applying for one this year. Robert Bagshaw was representing Berco Inc . Selectman Knight thought that. an official should be called in from the state to determine whether the area in question is "wet lands" or not. Selectman Palumbo, again made the motion to hold off on the decision until an Environmental Impact Statement was presented to the Board by Berco Inc. Selectman Lowe says that his main concern is if the extra surface drainage would be to much on the existing problem. Mr. Bagshaw said that Berco had designed a 25 year flood plan where Newbury only requires a five year one. The perculation tests were going to be made on Monday, but due to bad weather, they were canceled. Mr. Bagshaw said that Berco doesn't want to put any more money into this if the answer from the Selectmen is going to be negative. The Selectmen are going to witness the perculation tests per- formed by Berco Inc. on several of the lots where the septic tanks will be located. These tests must be done within the next couple of weeks. Selectmen Lowe and Knight both agreed that this test might help them to decide,,one way or the other. Bruce Hiller of Hiller. Realty Trust came in requesting a renewal for his existing sand, loam and gravel removal permit for his land at the rear of 28 Parker Street in Newbury. Selectman Knight made the motion that a new two year license be issued. Dave Caldwell , Building Inspector , said that he had no complaints about Mr. Hiller. Selectman Lowe seconded'Mr. Knightis motion to renew the permit. Mr. Hutchins would like to have the Selectmen come and look at his lot "while the ground is at it' s wettest and the river is at it' s peak." He wants to show the selectmen that from his proposed house , none of the water from his sewerage system will go into a tributary, that will in turn flow into the Parker River_ . His request was granted, and the selectmen plan to check his lot the same day they witness the Berco perculation tests. 133 SEEECTMEN'S MEETING OCTOBER 25, 1977 Mr. Thomas Landers brought in a written complaint about the a dogs that are harbored at Larry Rogers' at 27 Central Street in Byf field. He said that the dogs were all well taken care of , and that his only complaint was the excessive barking. It was sug- gested that the County Dog Officer be called in for his opinion because the local Dog Officer,+ Richard Cunningham, is not an impartial judge , him being related to Mr. Rogers. Laws were read from the book of "Laws Relating to 'Jogs. " Selectman Palumbo made the motion that the town seek the opinion of the Town Councel , James Lagoulis for proper procedure in this case. Selectman Knight seconded the motion. Selectman Knight made the motion that permission be given to the Olde Newbury Associates to use the Green on October 30'}' 1977 duding daylight hours , for the purpose of holding a Halloween Party for children and their parents. Selectman Palumbo seconded the motion. Joe Stone was representing protections #1 and #2 , to ask about the liability policy.:�.:He wanted to know who paid for it. The town or the fire department. 'Ashton Knight , Auditor, claimed that the town pays for this and that it has been in effect since September 17 , 1977. Mr. Stone stated the importance of this liability. He said that some of the men were beginning to be reluctant about going on emergency calls because there are so many law suits now-a-days. Mr. Stone thanked the Selectmen. The Selectmen talked about choosing an ambulance contract between Peter Poor or the Byffield Ambulance. It was decided that the Board should meet with the interested parties. There was some talk about the lights that were put up near the Town Hall and the Fire Station. They were put up to light up the parking lots. John Hartnett had a complaint about the selling of stand to John Travers, Highway Surveyor, from another company other than his. Mr. Hartnett' s complaint was that he had a contract with the Newbury Highway Department for all screened sand. John Travers said that the Highway Department Teas not breaking the contract because he was buying washed sand from the other company. John Travers talked about the letter he received :from the Parker River Wildlife, asking about the spraying that they witnessed bet,0een the Plum Island Bridge and the Airport. A letter has been sent out explaining that they were spraying the cut stubble of brush so that they would not grow again next year. The town is dissatisfied with the results that they are getting from Merrimac Paving. A certified letter is to be sent out to them concerning this matter. The Quascacunquen Grange #236 Was granted permission to use the Byfield Town Hall on November 26, 1977 for the purpose of holding a Holiday Fair. They will be notified by mail. The payroll was examined and approved by the Board of Selectmen. The Selectmen discussed their buying a new typewriter for their office as the other-,.one belongs to the Auditing Department. Ashton Knight, Auditor,Eexplained that the Workmen' s Compensation paid by the town for the C.E.T.A. workers will be reimbursed by C.E.T.A. Mr. Pilcher applied for his license to operate his pool table and has scheduled a hearing for November 8, 1977 at 8:00 p.m. in the Newbury Town Hall. This meeting was adjourned at 9:25 p.m. Respectfully Submitted, Diane E. Colby , electmen' s Secretary THE WORKSHOP MEETING OF THE SELECTMEN, FINANCE COMMITTEE, TAX COLLECTORS :AND THE ASSESSORS: THE MINUTES November 1 , 1977 This meeting was requested by the Finance Committee. The purpose is to have more money available to the town. What can we do to better the situation? The following suggestions were made. 1 . Take action on deliquent taxes and motor vehicles exile of prior years. 2. The possible sale of lots on Plum Island. 3. Howard Johnson' s and Newbury Village pay taxes on a percentage of their gross income. 4. The department heads, Board of Health, Building Inspector, and the Town Clerk, and Police Department, turn in money collected at the end of each month. (This will be made a policy at the next Selectmen' s meeting.) 5. To give the state a push to get the taxes out sooner. Respectfully submitted, Diane E. Colby Selectmen' s Secretary SELECTMEN' S MINUTES November 8, 1977 The Board of Selectmen had their regular scheduled meeting on November 8, 1977. The meeting was called to order by Chairman Lowe, at 7: 30 p.m. The minutes of the previous meeting were read and are recorded as ammended. The Newbury Lions Club was requesting to have a one day liquor license for Saturday, November 19, 1977 at the Olde Newbury Golf Club. This Monte Carlo Night is one of their var- ious fund raising affairs. John McClure , president , will be responsible. Selectman Knight made the motion that they be granted a license and the fee be $10. Selectman Palumbo seconded the motion and the vote was unanimous. A member of the Lions Club asked if the fee would be wavered, because tha-1money raised goes to the town. His motion was denied because it was felt that a precedent should be set. Chairman Lowe read the letter from Arthur Hamel Jr. ' s Lawyer. This letter read as follows: Gentlemen: This is to advise you that papers are being processed in the Probate Court for the legal documents which will allow us to make the conveyance of the property in the ab6ve estate located at 44th Street, Plum Island. .As you know, we have entered into a Purchase and Sale ,Agreement which will be consummated upon the proper papers being received from the Court. The Buyers intend to maintdi.n the property and to do whatever is necessary to conform with thr requirements of the Department of Public Health. Very truly yours , Paul Kazarosian Attorney at Law SELECTMEN'S MEETING November 8, 1977 Selectman Palumbo asked about the installation of a street light down Plum Island. Chairman Lowe made the motion to put up a streetlight between 46th and 48th Streets down Plum. Island, as it had been requested by a petition signed by 22 people. Both Selectmen Knight and Palumbo seconded the motion. Lowe also mentioned that the town had asked to have all the street lights brightened, and when asking for the new light, they should also be asked when they estimate the finishing for this project would be. Selectman Knight made the motion that all money collecting town department heads turn in their money on or before the first day of each month, exclusive of the schools. The motion was seconded. The Harbor Master is to be notified that the time is now to take the float out of the Parker River. The hearing for Mr. Pilcher of the Beachcomber, started at 8:00 p.m. Mr. Pilcher did everything that was requested of him, as far as posting the hearing in the Newspaper and scheduling it with the Town Clerk. He said that he didn't use the Bumper Pool Table during the summer because he wanted the space for food. He bought and would like to use a regulation size pool table because they are more popular than the Bumper Pool. Chief Orfant said that he has no personal objections to Mr. Pilcher getting the permit. Mr. Pilcher said that he sells food, but he also sells liquor. Chief Orfant is afraid that if the younger kids go in with the older kids, then there is the chance of the younger kids getting alcohol. Mr. -Pilcher agreed with Chief Orfant on the matter that he would rather see any younger per- son accompanied by an adult or parent when they enter his place. It was asked if any abutters were to appear in favor of Mr. Pilcher. There were none. Selectman Knight was wondering if this regulation pool table is an addition to a nonconforming use. A fuling from the Town Counsel , James Lagoulis, will be requested on this matter, to see if a variance will be required. The hearing was closed to take the matter under advisement at 7:'12 p.m. The letter was read that summoned Mr. Lawrence Rogers to the hearing. The Town Clerk swore in all ,people testifying for and against the Rogers' . They were Barbara Rogers, Larry Rogers, Richard Cunningham, Nick Ivone , Tom Landers, and Daniel Orfant. Mr. Landers was called to the front of the room to state his case. His complaint was about excessive barking from the - dogs and to ask if something might be dine to instigate and see if we could find a little peace of mind at his place of residence. He has a difficult time sleeping, and it creates a stressful situation between he and his wife , and he would like to see something done about.it. Chief Orfant has investigated the case because Dick Cunningham is related to Mr. and Mrs. Rogers. He thinks that possibly he may have worked out some type of solution. Chief Orfant said that he set out with an open mind and told the people that he didn' t think that the dogs would bother him. He knows that dogs don' t usually bark unless they are provoked. On a couple of occasions, he did hear one dog barking, and it was his impression that maybe the barking would be during the night hours. Mr. Rogers has changed the set up of his back yard and tried to make the dogs more comfortable. Mr. Rogers thinks that the dogs are well during thb evening hours and early in the morning unless they are being used. He uses the dogs during the evening hours. This hearing is to be closed for three months with the under- standing that Mr. Rogers will keep the dogs enclosed during the evening hours. This hearing is to be closed for three months with the understanding that Mr. Rogers will keep the dogs enclosed during the evening hours and try to _ isolates- :tj e._ one or two noisy-ones. If it does%z! work,' they will have to take another avenue. Mr. Ivone,__spoke against the letters read giving reasons 139 SELECTMEN'S MEETING November 8, 1977 why the letters should not be valid testimonies. Knight made the motion that the hearing be closed for a period of 90 days unless a petition or complaint comes before the Selectmen at an earlier date , then it will be brought up at the next Selectmen' s Meeting. If there are no complaints, then hopefully, the problem has been solved. Mr. Ivone suggested that he call the Selectmen when barking becomes a problem. It was voted in to have a trial period of 90 days. Raymond R. Couture, Berco Inc. ' s Attorney said that the perculation tests have been viewed, and he requested a favor- able vote on the subdivision on Birch Lane. Knight said that he did the perc test with the engineers and he has a report of 'his findings. Selectman Knight explained that there is a 30 minute limit for the pers test to be permissible. Selectman Knight read his letter concerning the perc tests , and spoke favorably of the Berco Development saying that the 13 lots had good perc tests. Selectman Knight made the motion that this tract of land be a suitable area for the building of these homes. No one seconded the motion. Chairman Lowe said that the perc tests are acceptable. Lots number 2 , 9, 10 , 11 , 12 , and 13 had a perc of more than 10 minutes per inch. If it is more than 10 minutes per inch, you have to fill the hole with water for 4 hours and then test it again, said Selectman Palumbo. Selectman Knight said that he did it right. Selectman Palumbo read his motion as follows. WRITTEN MEMORANDUM AND MOTION BY BOARD OF HEALTH MEMBER, THOMAS G. PALUMBO; IN RE MATTER OF THE DRAINAGE PROPOSAL FOR THE BIRCH LANE SUBDIVISION. The following are still of major concern to me as a Board of Health member considering the proposal of Drainage at the Birch Lane Site. A'. The plan shows that approximately by 1 to 1 .5/o of the surface drainage in the Birch Lane Subdivision will empty onto Central Street. This area represents the first 150' of Birch Lane. The lack of thought given to a proper drainage system at the intersection of Birch Lane and Central Street could pose a continuous flooding problem for the abutting neighbors and. future maintenance problems for the town. In a letter to the Board of Health, Highway Superintendent, Travers , expressed his concern with this problem. He suggested that two connecting catch basins be installed at this inter- ' section to pick up the drainage from Birch Lane, and that they should outlet and connect to the proposed drainage culvert at a point designated -on the plan as 152.13 or connect to. a culvert across Central Street. I I suggested that the developer employ the County Engineers to do an Interface Control Drawing which would show the exact layout of, that intersecion complete with proper drainage loca- tions. In any event, either or both should be prerequisite to any Board of Health approval of the Drainage Proposal . B. I 'question whether it might be appropriate to insist on a second ground water test , which would be conducted in the Spring to get an accurate reading of groundwater tables during the wettest period of the year. In any event this question would be adequately answered in an Environmental Impact State- ment. C. Pavement , (roads, sidewalks, walkways) and living area (houses, garages) will obviously decrease the amount of available area for absorbtion 6f runoff.. Because 99% of the proposed .drainage system of Berco Inc. runs directly into the swamp from high to low elevation, and taking into consideration decreased surf act absorbtion area, water runoff , melting snow, spring conditions, etc. , it isn' t inconsistent to say that flooding of neighboting�,.areas is a real possibility. 141 SELECTMEN' S MINUTES November 8, 1977 D. Finally, there is a maintenance factor with respect to both the open portion of the drainage proposal into the swamp and the lack of any drainage system at the Central , Birch Lane intersection, not to mention the open ditch leading to and under School Street. The above observations are my own after viewing the plans and thrice touring the entire area. I am of the opinion that I have insufficient technical data to make an informative determination in favor of this Drainage Proposal of the Birch Lane Development. I will not make an incomplete determination hoping that my questions will be .znswered at a later date at a Conservation Commission Hearing on this matter. I firmly believe that the primary determination on the Drainage system is for our Board of Health and that this determination could be made intelligently if we had a total Environmental Impact Statement to refer to. I therefore , will amend my motion of October 11 , 1977 as follows; MOTION That the Newbury Board of Health refrain from making a formal determination on the drainage system of the proposed Birch Lane Development until we are provided by the owner/ developer with an Environmental Impact Statement , a definative plan to deal with the drainage for the first 150' of Birch Lane and at the intersection of Central and Birch Lane , and a statement as to what proposal they would incorporate to maintain the open ditch into the swamp. Respectfully submitted, Thomas G. Palumbo Member, Board of Health Mr. Couture said that these factors have not been imposed on anyone building in the town of Newbury, and that the rules have been changine as they progress. He stated that no one else has had to put in catch basins in any section of the town before. He believes that the people in the neighborhood should be heard and they have been. Berco has complied with the recom- mendations of the Planning Board to the letter. Once the Selectmen give their approval , then they must ask permission of the Conservation Commission.4 Selectman Lowe read the letter from John Travers , Highway Surveyor, dated October 19, 1977• Selectman Knight felt that we are holding up a process of town government. Selectman Lowe said that his concern is the effect on the houses that are already there. Mr. Blanchett is afraid of what the extra water will do to his land because he already has a bad drainage problem in his yard. He gave a letter to Mr. Lowe which he read and will be filed in the Selectmen' s Office. A woman 'spoke to say that she had several catch basins around her property, and said that they do not help her drainage problem. If a culvert is put into Mr. Blanchett ' s yard b,.s Berco, it would be the town' s maintenanc6. Berco wants to know if they will have to take on all the responsi- bilities of all the drainage problems, and they would like it in writing. He said a person building a subdivision must comply with the state and town laws and all boards. Ohairman Lowe moved that they take the matter under advisement. The motion was lost. The abutters asked how much of the lot will be impervious to ab sorbsion. Berco answered that it would only be another 10%. 25/ of the water runs off the land now, and only about 10/ more will run off the land when the houses are put in. Mr. Hutchins made a second try to talk about both his property and the Berco Developement. He was ordered to sit 143 SELECTMEN'S MEETING November 8, 1977 down by Mr. Lowe and told that he would have his chance later. Selectman Knight made the motion that the Board of Selectmen accept the Berco Subdivision as presented to them. No one _ seconded the motion. 'selectman Knight made the motion that the hearing be adjourned. Chairman Lowe seconded the motion. Two Jurrrs' were picked. James F. Pattern III of 250 High Road is to report to the Lawrence Court on December 5, 1977• The other jurer picked was Wayne Gray of 2 Anchors Away. He is to report to the Salem court on December 5, 1977• There is a notice to be posted in the newspaper November 21 and November 28, 1977. It reads as follows. Parking of any vehicle on any street in the Town of Newbury will not be allowed between the hours of 12:00 midnight and 6:00 a.m. from December 1 . 1977 to April 1 , 1978. Violators will be towed at their own expense. Per order of : James A. Lowe, Richard H. Knight, Thomas G. Palumbo, Board of Selectmen. A woman and her husband drom Central Street had a problem with water on their lawn. She says that the water is coming out of the catch basins onto their property. John Travers said that it probably is blocked up and that he would go and look at it Wednesday morning at 9:00 a.m. Mr. Hutchins says that he believes that what he had to say involved the interests of the town' s people. Dave Caldwell , Building Inspector, said that there was water flowing under the road last Thursday. Mr. Hutchins asked why would he call them to look at it if there was water flowing? Mr. Caldwell is the superintendent of the Byfield Water District. Based on the observations in this area, he has made a verbal report to the Byfield Water Commissioners and made a recommendation that they go on record opposed of granting the permission for Hutchins to build. In 1974 , he made the statement that there was water flowing into the man-made stream. He has made an inspection of the premises with Mr. Palumbo. The culvert is under the road for a purpose , only to transfer the water from one side of the road to the other, and this water drains into the fresh water part of the Parker River. He suspects that the watar is flowing under the road. The water at the present time may or may not be at the highest point at this time of the year. The Byfield Water keeps daily records of the water table, and it is far below the average at this time. The highest flow of the Parker River is in the spring of the year. �'hairman Lowe read Regulation B.H. 74-1 prohibiting any sewer- age system to be put in within 100 yards on either side of the Parker River or it' s tributaries. Selectman Palumbo read his report/motion as follows: WRITTEN REPORT AND MOTION IN RE MATTER OF JOSEPH HUTCHINS, FOREST STREET IN BYFIELD, NEWBURY. In July of 1974, the Newbury Board of Health passed a regulation that in summary, prohibited the construction of any sewerage disposal system within 300' of the Parker River, its streams , or tributaries. Mr. Joseph Hutchins wishss to convert a barn-garage on his property into a residence and therefore must have a sewerage disposal permit from the Board of Health. The issue is basically whether a ditch-canal , etc. , which runs along Mr. Hutchins' property line to the Parker River is such that it falls within the language of the regulation and is considered a watercourse-tributary. 145 SELECTMEN'S MINUTES November 8, 1977 FACTS The area in question runs down by Mr. Hutchins' pro- perty to the Parker River and is less than the required 300' which the regulation mandates that it be although from the location of the proposed system to the Parker River, the required distance is met. The issue is whether or not at any time during the year this area acts as a course by which water flows to the Parker River; if during any of tHe- seasons, periodic water flow occurs then Mr. Hutchins will have to be denied a permit to construct a disposal system; on the other hand , if this area is dry throughout the year, then he would be outside of the intent of the regulation and thus be permitted a disposal works permit. It might be wise to mention that on neighboring property opposite the area in question is a man-made pool , which when it overflows runs directly into the River. The intent and purpose of this Board of Health Regulation wad -Yo prevent potential pollutants of a disposal system from seeping into the Parker River either directly or via a stream, tributary, etc. The reasoning behind such a regulation is to preserve Byfield' s Water Supply as well as prevent pollution of the River. MOTION I move that in the best interests of all concerned, we monitor the area monthly until June 1 , 1978, at which time, we should have sufficiently been able to determine if in fact the area is a watercourse. The inspections shall be conducted by all the members of the Board of Health, Mr. Hutchins or one representing him. A written monthly report shall be filed in the office of the Board of Health with copies to the Byfield Water District, Mr. Hutchins, and the Building Inspector. Respectfully submitted, Thomas G.. Palumbo Member, Board of Health Selectman Palumbo also read the definitions of tributary and stream. Mr. Hutchins spoke of getting the type of septic tank that Allen Adams used. Hutchins asked that if he con- tacted the state and drew up new plans , if there would be noth- ing coming out of the system, then would the Board look at it again? Selectman Palumbo answered that the Board will look at everything objectively. The motion made by Selectman Palumbo way; denied. The meeting came to a close at 10: 30 p.m. Respectfully submitted, e_�e�r a Diane E. Colby Selectmen' s Secretary 147 SELECTMEN, EMERGENCY MEETING November 29, 1977 An emergency meeting of the Board of Selectmen was held on Tuesday, November 29, 1977 at 7:00 p.m. for the purpose of deciding which method of handling the Massachusetts Unem- ployment funding for the town. On the recommendation of the Finance C-ommittee and the Gentlemen .of the Board, it was decided to use the Reimbursement Method. Respectf-filly submit , James Lowe Chairman, Board of Selectmen On December 5, 1977 , Chairman James A. Lowe picked Philip A. Graham to rsprve3 at the Lawrence court starting January 3, 1 978. Re ectfully.,submitted Diane E. Co y Selectmen' s Secretary SELECTMEN EMERGENCY MEETING November 29, 1977 This is ammending the above typed minutes. There was a lot of discussion with Henry Trainor and the School Committee. A vote was taken to determine the final decision. k Respectfully submitted, Diane E. Colb Selectmen' s Secretary 149 SELECTMEN'S MEETING November 22 , 1977, The Selectmen' s meeting of November 22 ,' 1977 was called to order by Chairman James Lowe, at 7:-�0 p.m. with Selectmen Lowe and Palumbo present. The Secretary read the minutes of the previous meeting, and they were accepted and recorded as read. Mr. Pilcher of the Beachcomber requested information on licensing his pool table. Town Counsel , James Lagoulis, told the Selectmen that it was not an extension to a non- conforming use , and that he would send a written opinion on the matter at a later date. Selectman Palumbo moved that a license be granted for Mr. Pilcher' s pool table, so long as no one under 18 will be allowed to play on it. Chairman Lowe seconded the motion. Mr. Herbert Eaton came in to make a complaint to the Board of Health. The Selectmen Palumbo read the part of the open meet- ing law that describer. "executive session" . A license was signed for Mr. Pilcher' s pool table. Arthur DiMauro of the Harbor School was asked to come to the meeting to be enlighten6d about the facts concerning a sewerage problem, so that this problem may be solved before the frost and the '�;round freezes. Chief Orfant said that there were no problems prior to the leasing of the second Harbor School. Arthur DiTlauro said that there was talk about a sewerage problem before they moved in. The Harbor School had a Civil Engineer come in and assess the site before they moved in. The Engineer claimed that this second Harbor School would not create a sewerage problem, but would alleviate existing problems in the system. Mr. DiMauro asked 1ahy he was the only one from Rolfes' Lane there. Selectman Palumbo asked Mr. DiMauro if he would go With him and talk to Newburyp ort Officials on this matter. He said he would if other people using the system from Rolfes' Lane attended also. belectman Lowe thinks this is Newburyport' s problem. The sole responsibility that the Town of Newbury has to the Harbor School , is to enforce the Board of Health Regulations. Selectman Palumbo moved that this discussion be closed. Chairman Lowe :seconded it. Some abutters of the Birch Lane development came in to speak to the Selectmen without Berco Inc. present. Among other things, they brought up the fact that some of the lots would be in violation of the Board of Health regulation B.H. 74-1 . They asked the Selectmen if they would refrain from making the decision on Berco' s development until spring when the ground is it' s wettest. The Board thanked the abutters for giving their opinions on the matter. Tree Warden, Robert Colby, came in asking about taking down the dangerous trees on High Road , he said that the State will only take care of the branches when they fall off , but basically, they don' t touch the trees. The Board told him to get permission from the parties involved. The Byf ield Water District Superintendent, David Caldwell , made the report that water has been flowing over the dam for about a month now. The library would like someone to do odd jobs for them periodically. Selectman Palumbo said that he met last Monday with Dick Gladstone from Merrimac Talley Planning Commission about funding for the heightening cif the two Plum Island roads. He said that there are applications to be filled out. Late SELECTMEN' S MEETING November 22 , 1977 in January is preapplication for the C. D. and pibbably in April we will be asked to fill out a full application. There was discussion on the Massachusetts Employment Security Law. Selectman Palumbo moved that the meeting be adjourned. Chairman Lowe seconded the motion. The meeting was adjourned at 9:05 p.m. s1 Respectfully submitted, Diane E. Colby Selectmen' s Sec tary 1.53 SELECTMEN'S SECRETARY December 13, 1977 The Selectmen' s meeting of December 13, 1977 was called to order by Chairman James A. Lowe at 7: 30 p.m. The Secretary read the minutes of the previous meeting, and they were accepted and recorded as a.mmended. Philip Ross had an application for a septic system that he wanted approved. He didn' t have an installer yet because he is not going to have it put in until spring. Selectman Palumbo had some reservations about approving the application at this time where Mr. Ross did not yet have an installer. Selectmen Knight and Lowe explained that the installer must come back and sign both copies before he starts work anyway. .The application was approved. Chairman Lowe made the motion that the Board accept the deeds on behalf of the Town of Newbury for land over by Governor Dummer Academy for the purpose of straightening the road. The vote was unanimous. A letter from Janice Holt of the Triton Youth Hockey Mother' s Auxillary requesting a Tag Day in the Town of Newbury on December 17 , 1977 was read by the Selectmen. Selectman Palumbo made the motion that it be allowed for this Tag Day to proceed. The vote was unanimous with the stipu- lations that it be held during the daylight hours, and that the police be notified. The request for a stop sign by Katrina Johnson at the inter- section of Central :aid Orchard Streets was brought to the attention of the Board. The Selectmen replyed that these roads are in the process of being relaid out. A letter is being sent out to her explaining the situation. John Travers was asked by the Selectmen what his opinion was for extending the present C.E.T..A. project until July. Selectman Knight asked if he would rather stop this one and apply for another project early in spring. Ashton Knight said that because of the amount of bookwork involved, getting an extension on this project would take less time , and is almost surely to be accepted. It was decided by the Board , with the permission of John Travers, to try to extend this project until July. Henry C. Becker, the contractor for the renovations in the Town Hall was called in to discuss some changes in the con- tract. The Selectmen asked the Assessors if they had changed their minds about moving their office. The Assessors went into conference to discuss this among themselves. Three years ago, Cedric Little , the former Highway Surveyor ordered $5335 Worth of signs that would be federally funded. They have fineally come and the company would like to be paid. In order to get the money from the state , however, the 'Town must first pay the bill , and show the state the receipt. The Selectmen asked Mr. Travers to bring up this subject at the Department Head meeting next week. Selectman Knight and Richard Cunningham discussed the billing procedure for the Dog Officer. It was suggested that Richard Baker, the Plumbing Inspector, be called and reminded of the meeting of the Department Heads on the 20th of December, 1977. The Secretary asked the Selectmen if they had started wr�ork on the rules and regulations for Plum Island Beach. Select- man Palumbo said that he had. 155 SELECTMEN'S MEETING December 13, 1977 The Assessors returned with their decision. They would like to have the office moved as in the original contract. They would, however, like to have their counter pushed to the door and have a roll top window on the upper half of the doorway. The Town Clerk would like a clarification of the lights specifications between his new office and the Assessors' . John Travers would like the lights that are going to be taken out of the hall . The Treasurer would like her counter pushed to the door and have a teller type window on the upper part of the door. f�Qth the Town Clerk and the Assessors would like to have 50 linear feet of shelving put into their new offices. Henry C. Becker agreed to do these changes within the contracted bid price. The extra desk from the Town Clerk' s office and the scale cabinet from the hall , are going to be moved to the old school house. Charlie Bashaw and his wife handed the Selectmen a letter of complaint against Philip Roubichaud.. He parks his Winebago on a piece of land. The complaint was that he is a hazard to the redisents and their children on Paul' s Way. They would like to see something done ab-out him. The Selectmen will seek an opinion from town Counsel . Renewal licenses for the sale of alcoholic Beverages were signed for the following. Charles R. Pilcher--Pilcher' s Beachcomber of Plum Island Boulevard , an All kinds of Alcoholic Beverages to be Drunk on the premises. Nicholas J. Giantis—AByf field Liquors of 53 Main Street Wines and Malt Beverages Not to be Drunk on the Premises. Walter R. Salois--Guilford' s Package Store , Inc.. on Plum Island , All kinds of Alcoholic Beverages not to be Drunk on the Premises. Richard R. Kiernan--Dick' s Variety on Plum Island Boulevard , Wines and Malt Beverages not to be Drunk on the Premises. E. Paul Burke & Doris M. Burke--Corner Cupboard on 4 Hanover Street, All kinds of Alcoholic Beverages not to be drunk on the premises. Jane F. McNeal--P.J. ' s of Northern Boulevard, for Wines and Malt Beverages not to be Drunk on the Premises. Two Jurers were picked. Selectman Knight picked James S. Wile , Jr. of 3 Fairview Avenue to report to the Lawrence Court , January 3, 1978. Selectman Lowe picked Charles MacLean of 18 Withington Street to report to the Salem Court, J anu.ary, 3, 1978. The meeting was adjourned at 9: 50 p.m. Respectfully submitted, Diane E. C Selectmen' s ecretary 157 DEPARTMENTAL MEETING December 20, 1977 Arthur S. Page was asked to come in and explain the insurances available for the Police Department. These are meant to cover the Police from personal and bodily injury. The lowest priced insurance is $16820 per year per officer with a cov- erage of $50/100/300,000: The next step up is $195.75 per year per officer, the coverage being $100/300/500,000 (this step insurance being the ode suggested. by Mr. Page.) The highest priced insurance is $345.75 per year per officer and the coverage being $250/500/750,000. This will protect the individual as well as the town for happenings involving the police in their line of duty. Legal casts are an addition but- are available at an extra cost. The #finance Committee and the Selectmen will come to -a decision and let Mr. Page know. Police Chief OvEant said that his department was in good shape and asked when his men would start receiving their already approved- 25¢ an hour raise. Chairman Lowe explained that he approved it and passed it on and therefore , it must have been forgotten. Chief Orfant said that he will make up a budget to get the men their raise. John Travers said that 3 years ago , Cedric Little ordered $5335 worth of signs through a State reimbursement fund. In order to get reimbursed for the money, the Town must first pay for the signs and then show the receipt'-to the State for full reimbursement. The Town has had these signs since October. If the Finance Committee does not approve the temporary transfer, then a special town meeting will have to be held to over ride their decision. Richard Baker, the Plumbing Inspector, thinks it is time that the Town find a new Plumbing Inspector. The Selectmen asked him if he. could provide them with a list of qualified licensed plumbers. Mr. Baker suggested Mr. Clydesmith Sr. He is Newburyport' s Plumbing Inspector and is doing a good job. The Board of Assessors are in good shape financially. They are probably going to be entering into a contract with this company so that we will have proportionate taxes. They will take care of the bills. The Treasurer and Collector are in good shape. The Treasurer had borrowed $7,100 a while ago and has not yet paid it back. There is also interest due on it. The finance Committee thinks that we should do some shopping for insurance. Selectman Knight thinks that it should be bid on. Ralph Lowell , the Town Clerk hasn' t been spending much money. He is putting all Newbury Citizens onto a computer. They gave a good price for the initial change over. The Firemen are living within their budget. Ed Sternfelt , assistant Harbor Master, requested some insurance coverage other than Workman' s Comp.--a committee be formed of interested people in Parker River Ecology. A small budget for gasoline and small repairs. He also mentioned that the wharf needs some repairs. Robert Colby, Tree ,-Warden is within his budget. DEPARTMENTAL MEETING December 20, 1977 The Conservation Commission Chairman,Richard Cunningham, would like to have one member of his board be paid on a part time basis because there is a lot of time and effort put into it. The meeting was adjourned at 9:00 p.m. Respectfully submitted, Diane E. C 1 y Selectmen' Secretary SELECTMEN' S MEETING December 27 , 1977 The Selectmen' s meeting of December 27 , 1977 was called to order by Chairman Lowe at 7: 30 p.m. The Selectmen' s Sect retary read the minutes of the previous meeting , and they were accepted as read. The resignation was received from James L. Wile , Jr. as a member of the Board of Fire Engineers,, and as Fire Warden, (Forester.) k letter of thanks and regret will be sent to him per his resignation.. Gordon (Smokey) Taylor will be appointed in his place as a member of the Board of Fire Engineers. Mr. Gene Palumbo asked the Selectmen if a drain near his shop might be cleaned out. Selectman Palumbo abstained from making; any decision on this matter because of his relationship with Gene Palumbo. The Selectmen referred him to the Highway Surveyor, John Travers. The opinion of Town Counsel Lagoulis on Mr. Robichaud wam read by Chairman Lowe. Selectman Knight thinks that they should forget about the hole thing because of his age and health. It was decided to send a copy of the opin- ion to Chief Orfant , David Caldwell ; Building Inspector, and the Bashaw' s on Paul ' s Way. A letter was read from the Finance Committee requesting that an article be put into the warrant to have the Annual Town Meeting changed from March to May. The Selectmen said that they would put an article. in the warrant , and would also like to discuss it more with the France Committee. Peter Poor Requested , through the Selectmen' s Secretary, whether the Selectmen were going to put an article in. the Warrant pertaining to his Ambulance Service. The Selectmen said that they had planned to. John Travers said that he is very unhappy with the work done by Merrimack Paving on Hanover Street. He would like a letter sent to them explaining his dissati.8faction, attention to Gene Rielly. Selectman Knight suggested that he be asked..'- to come to a meeting to come_ to a. meeting to discuss the situation. Licenses were signed for Town businesses by the Selectmen, and are on file in the office of the Town Clerk. Also licenses were signed for the following dairys; Idlenot , H.B. Hood , Riverside Dairy, and West Lynn Creamery. 161 SELECTMEN'S MEETING December 27 , 1977 After some discussion about the water on Northern Boulevard, it was decided to try and get easements from land owners and put in about ten or twelve catch basins to help out with some of the surface drainage. Chairman Lowe noted that in regard to open burning, it will begin January 15, and will close March 15, 1978. He thinks that lengthening this period of time will be a 'wise decision. These permits can be obtained from the Fire Warden, and every- one must comply by the rules and regulations® Dog Officer, Dick Cunningham, spoke of the responsibilities of owners to .their dogs in Sa_lisbu3�-y. The meeting was adjourned at 8:40 p.m. Re ectfully submitted, Diane E. Colby Selectmen' s Se f etary SELECTMEN'S MEETING January 1.0, 1978 ;The Selectmen' s Meeting was called to order by Chairman Lowe. The minutes of the previous meeting were read by the Secretary, and were accepted as ammended. Chairman Lowe explained that Eugene Reilley of Merrimac Paving- had called him .and said that he could not come in. Mr. Reilley reported to Mr. Lowe that he would accept re- spons:Lbility for the work to be done on Hanover Street, and that he would write a letter in relation to this matter to` the Selectmen. Selectman Knight asked if the material had been tested. Mr. Lowe said that Mr. Reilley admitted to hav= ing a poor run of material. The Selectmen agreed that this lette-- would .be__sufficient;.....that. Mr. Reilley need not appear before the -Board. Mr. Blanchette. came in with a few wordsagainst the Berco development. He said that Berco Inc. 'has. offered to put some sort of drainage in his yard and wondered if this ditch put in by Berco inc. .should_ have t.o be kept up by the tax payers. He doesn' t feel that any burden should be placed on the Town left by any developer. Selectman Palumbo explained to Mr. Blanchette that no plan for drainage has of .yet been brought .bef or.e_ the Board concerning Berco' s development. Chairman Lowe announced that the changes in the Town Hall renovations had been signed and accepted as written with no change in the contract price. A letter from Mr.Mac Arthur, the principal at Triton, thanking the Selectmen for making the intersection where School Street and Elm street meet a required stop zone, was read by Chair- man Lowe. The meeting that will take place Thursday night, January 12, on the School Street sidewalk, was announced. Selectman Palumbo talked about the importance of having .the Rules and Regulations for Plum Island Beach by. summer. He thinks they should be put in the warrant for the annual Town Meeting. Town Councel suggests .that these rules be simplified when put on a sign, but suggests that they be kept fully written in the file in case of a law suit. Any- one violating these rules and regulations will be punished by either fine or penalty. Two Jurers were drawn; "James Lowe picked Richard H. Knight of 9C- High Road to report to Salem on February 6, 1978, and Thomas- G. Palumbo picked Josephine Knight of 90 High Road to report to the Lawrence court on February 6,. 1978. License renewals, and one new license was signed. John Syrene wants to build a house on lot #4 down Plum Island, at the moment, it is being used as a parking lot. He wants to put up a single family house,, 162' by 70' . He also wants to join his well with the one of the motel and use 'an easement. Chairman Lowe says that no house can be built without a well on the property, and that is a State law. The Selectmen suggested that they try to buy the adjacent lot. The meeting was adjourned at 8:30 p.m. Respectfully submitted, Diane E. Co .jeretary Selectmen' sc `164A MEETING OF SELECTMEN, STATE D.P.W. , HIGHWAY SURVEYOR AND ABUTTERS JANUARY 12, 1978 This meeting concerns the proposed sidwwalk on School Street in Byfield. PRESENT: James A. Lowe, Chairman, Board of Selectmen 'Richard H. Knight, Clerk, Board of Selectmen Thomas G. Palumbo, Third member, Board of Selectmen Diane E. Colby, Selectmen' s Secretary Carl Booth, State D.P.W. Donald Murphy, Mass. D.P.W. District #5 Richard Gelottr, As&istant County Engineer James R. Carlin, County Engineer Burton G. MacArthur, Principal at Triton John Travers, Highway Superintendent Richard Cunningham, Chairman, Conservation Commission,4 David Taylor, Teacher at Triton John & Ann Syrene, Plum Island Joseplj Tevald, 10 School Street John Karahalis, Conservation Commission Stephen E. Moore, Conservation Commission Joseph Story, Conservation Commission Edward Dunning, 14 School Street Phyllis B. Dunning, 14 School Street Ken Webber, Plum Island Boulevard George Zibolis, Old Point Road R. Deane Stoehr, 15 School Street John Stoehr, 15 School Street Gordon M. Bingham, 13 School Street Nancy Wickers, 17 School Street Charles Wickers, 17 School Street' Bobby V. Tucker, 39 School Street John R. Mingori, 37 School Street Noel Chapman, 6 School Street Thomas L. Caapman, 6 School Street Robert J. LeJeune, 25 School Street Suzanne C. LeJeune, 25 School Street Marshall A. Jespersen, 69 Elm­. Str;:e_tP.-"1 A. S. Walker, Longbrook Road .Arlene Lacey, 69 Central Street Chairman Lowe Called ,the meeting to order at &Z: 30 p.m. , January 12,- 1978. - A letter representing John Salter was read by Chairman Lowe as follows: Board of Selectmen, Town of Newbury, January 12, 1978 GentleTen: A long-standing previous committment has prevented; me from attending the hearing on the proposed reconstruction of Central and School Streets. I would hope that you would read this letter and include it in the data gathered at the hearing. ffti-s project has ,been talked about, planned, engineered, funded, and I understand, bid specified, for many months. . From the somewhat sketchy information I can gather, the delay seems to lie in the area of (1) sidewalks and (2) " easements. Be advised that my school buses have a total daily potential of, (27) twenty seven trips over this most danger- ous stretch of road. ThSs does. not include the activity of ' . -- Rowley and Salisbury -bus'es en Iroute to and from Triton School. JANUARY 12, 1978 As for sidewalks, I will be the first to say that they are critically needed, and should have been included in the original plan, but apparently were not so included. If this is a major hold-up, and the State will not, or cannot revise their pans, I suggest we accept the present plan, proceed with the work, and put in the needed sidewalks on , our own at a later time. If the problem lies in the area of easements, possibly the promise of side*-alks forthcoming will assuage some property owners. I strongly suspect, however, that the major easement problem lies with the absentee owner of property which is the worst eyesore, and the most potentially dangerous building in the Town. If this is in fact a major hold-up, I see no reason to play "cat and mouse" games any longer, but urge the taking of the needed land by legal process, forthwith. My major concern is the safety of our school children. The area now in hearing is not fit for the safe and expedi- tious transportation of school children either by vehicle or on foot. Spiralling costs are a concern to us all. I have strong fears that to procrastinate any longer will take the cost of this job beyond current funding, which will mean a scrapping of the entire project for the near future. I strongly urge the Selectmen to "take the bull by the horns" on this issue-, use the powers inherant to their positions, and get this thing off the ground with all possible despatch. Sincerely, John P. Salter Chief Orfant came in to speak a few words in favor of this proposal. He thinks that the elimination of the big curve will be a major improvement and that the sidewalk and road have been needed for years. In the past, there have been numerous complaints and accidents there. Chairman Lowe stkted that the easement for land from the Missionaires had been signed and returned to the Selectmen' s Office. The principal of Triton Regional High School , Burton Mac Arthur, said that he is very much in favor of seeing this road be improved. He worries about the students that have to walk to and from school each day, and also young people riding bicycles. He travels the road constantly and is very concerned. A teacher from Triton has had an accident on that road. The road is in very pon)r condition and thinks that this will be an improvement that is very much needed. He also thanked the Board for making the intersection of School and Elm Streets a required Stop zone. Dgvid Taylor, a teacher at triton, said that' one teacher had been involved in an accident in that area and thinks the corner is probably the most dangerous around the school. Any effort to straighten the road would be to the benefit of the students. Donald Murphy, of the State D.P.W. , pointed out the locations of the sidewalk curbing. It will start at the intersection of Central Street , there will be a wheel chair ramp at this point. This will continue until we get up to the entrance of Triton ending with a wheel chair ramp. Here there will be a cross walk to the other side of the street where the sedewalk will continue on again beginning with a wheel JANU-ARY'r'12, 1978 chair ramp. It will continue up to Anderson' s and end with another wheel chair_Tramp. The sidewalk will be five feet wide with a four foot grass strip between the road and the sidewalk. Selectman Knight asked if this will require the removal of many trees. Donald Murphy answered that on the South side, the damage will be minimal , but on the North side, there will be a few that will have to be removed. (chairman Lowe added that these sidewalks will not .be of any cost to the Town ax..they are included in the funding. Selectman Knight suggested that the Town could do some planting where trees are taken down. A man asked if there, would be any additional lines on the road besides the crosswalks. This man stated that he is opposed and thinks that this will be to much foPthe neighbor- hood. He says that he is not in _favor of the road or the stop signs. 'Ae have in the past, petitioned the State to make this area a school zone, but have been rejected because we don't have a sidewalk. Chairman Lowe explained that the yellow. flashing school zone lights were included in the original plan, but not approved. Maybe -now with the sidewalk, r1t _.. will be named a school zone. A man mentioned the one way driveway at the exit of Triton. He said that -hehas seen many people drive.:in the wrong end, and also Cheif Orf ant. Whe width of this . road will be 20 feet wide. Anywhere ' there is ,not a sidewalk, there will be a gravel shoulder. At the request of Selectman Palumbo, the meeting took a break so that the abutters could take a- look at the _.plans and ask any questions that they might have. A man asked if the Towns people had any say in the con- struction of this road, Donald Murphy answered that if the Townspeople', or the Selectmen, say that they don't want the road, then they won't put it in. James Lowe said that the road has never been, demanded- by the.-State. Selectman Knight said that because it is a Town road, that the Town will decide whether or not it viill be changed,,_ not the abutters. The Selectmen hie the authority t.o say that the road will be built. It is a State, funded .,safe,,ty program. John Travers said that the road is a continual maintenance problem and he just can't keep it up with 'the m6ney that is budgeted... For..maintenance,, it requires a load of patching every week; plus labor and complaints about how rough it is. It is one patch after another. It needs `a complete reconstruction. Y. Th s} project is going to cost three times more than it did when it was originally talked about, and this project will . not alter the T'own's tax rate. . John Travers said that since Triton has been built, there are at least 23 btused 4 times a day is ma the read, five, days a week, How long is that road supposed to holdup.? A man_-, said that he wants the Selectmen to understand that he is`100•1` in favor for the construction of the road, . and thinks =that the majority of the people that &ive there want - - JANUARY 1 2, 1978 to see it improved. When "they," say "we all don't want it," he doesn't want to be included. Tom Chapman asked if the abutters had any day. Tom Palumbo answered that 0 to 4 months ago, on behalf of the Bioard, he had gone to each house and talked with them. Questions were asked like, "How many trees will be taken,." "Is there going -to be a sidewalk,"` and. ' How far back are they going to go." It was decided to have the abutters meet with the D.P.W. to give them more insight on the idea. A majority of the people were in favor of the sidewalk. We have taken substantial steps on account of you people. I think you have made an incorrect statement when you say we haven't - listened to you. We havel.trited to accomodate you'by revising the plan three times. There are some people here who just cannot be accomodated. The Board acts on the majority of the people in the Town and there are a number of people on the area who would like theomoad to be constructed.. There will be more contacts made with these individuals...., He thanked the people from D.P.W. and mentioned that there was a possibility of losing the money and they have had to fight to keep this open. Selectman Knight said that the expenditure of this road will help up-grade all the roads in the Town, because it will leave the extra money to fix the other roads. Donald Murphy said that this, road will be good for at least eight years before needing any maintenance. Chairman Lowe said this road belongs to the Town; it does not belong to the abutters. The meeting was adjourned at 8:40 p.m. Respectfully submitted, Diane E. Coli:eretary Selectmen's 1P�4 165 On January 194 1978;, a Jurer was picked by Chairman Lowe; M Haydn M. Eaton'_of..20 Parker Street to report to the L rence. court on -Vebruary 13, 1978 On January 25, 1978, two jurers were:° picked to report to the Salem Court on February 28, 19?8 by Chairman Lowe. They, were Dolores E. Krupowicz of 83 Main Street in Byfield (The Treasurer and Tax Collector in the Town of Newbury) and Donald F. Gladu of 21 Riverview -Drive in Newbury. SELECTMEN'S MEETING January 24:,, 1978 The Selectmen' s meeting of January 24, 1978 was opened at ?: 30 p.m. by Chairman Lowe. The ,minutes wAfe read by the Secretary and were accepted as read. Chief Daniel Orfant came in with the report of his findings on Old Rowley Road. He doesn' t see where this would be a health problem. He said that there has been a trespass, and thinks that when he speaks to .Burnsie about it, he will remove it; as it appears to be useable material. Chairman Lowe publically commended the Highway Surveyor, John Travers, and the Police Department for - _. great job that was done over the weekend and thought, it deserved a public compliment. Also complimented was Joe Stone for his assistance in con- tacting people in getting the Civil Defense ready and aid from the National Guard. Selectman Knight asked if the Town would be charged for this assistance ; Lowe explained that they do not charge in an emergency. Ashton Knight said that the C.E.T.iA. workers are shoveling out the fire hydrants all around town. Chairman Lowe suggested that a railing be put up in the middle of the front •stairs of the front stairs of the Town Hall as many older people are now using the hall, and where there has recently been one slight accident. Lowe made a motion that a railing be installed on the front steps. Palumbo seconded the motion; and Knight made it unanimous. Gene Palumbo said that he would like to donate a railing to the Town. Lowe and Knight accepted his offer. Along with the Highway Surveyor and the Police Department, the Board would like 'to also commend the Fire Department for their participation in the weekend snow storm. Mr. St. Cyre would like to own the piece of land that the Town has stopped using. It is in conjunction with Regional Pool Inc. The Selectmen said they would have to think about it, but thought that they would like to keep it for Town Property in case it is someday needed. Selectman .Palumbo in Joe Centerino from Congressman Harrington' s office. Cent°erino said that Harrington is aware of the problem on Old Point Road, and Sunset Boulevard and is anxious to find a solution. He said they are looking for any source of Federal Funds that would be a cover in this kind of problem. It was thought that the Fish and Wildlife would have some funding for this road; however they do not have any fundinj�, f or off refuge land. Palumbo thought they should be a little more generous where the Town provides the reservation with Police and r' 'Y;'"r 1 167 SELECTMEN'S MEETING January 24, 1978 Knight said that most of the people that use Sunset Blvd. are going to the reservation as there are only a handful of residents that live there. We are a Town of .about 23 sq. miles�7.and about 7 sq. miles are.. owned by the Federal Government which is tax exempt,. not contributing anything to the roads leading to it. We are a Town with no major businesses to draw in tees and it would be impossible to load this burden onto homeowners., The only Federal assis- tance we have received is C.E.T.A. Chairman Lowe explained that when the roads get flooded, it also is flooding wells and septic tanks. Centerino said that the. State is looking for the communities to get behind the Selectmen. He said whatever support or help he can give, he and Congressman Harrington will be glad to do so. He thanked the Selectmen for inviting him and the Selectmen thanked him for coming. Ashton Knight proposed matter about making a historic dis- trict. He was referred to Ralph Lowell. Ashton also brought in the bid .from Newburyport Press. The total cost being $2,200 for 1 ,600 copies, plastic-bound, of the Town Report. The letters from the D.E.Q.E. regarding Russell Timmons' and Michael Keelan' s 'Sewerage Systems were read by Chairman Lowe. The Board feels that they do not need to become part of a solid waste disposal project as the Town of Newbury has an . excellent system of its own. There was some discussion about plowing private ways; John Travers was referred to the Town Bylaw that says the Town can plow any street or way with two or more houses on it. A letter was submitted to the Board :of Selectmen by Selectman Palumbo. It reads as follows: January 24, 1978 Board of Selectmen 25 High Road Newbury, MA 01950 Gentlemen: As a point of information, I wish to inform you that during the past snow storm, I had occasion to operate a snow plow (I have past experience and a Class 1 License) for the Town; that some of those who had put in countless hours for our Highway Department might have an opportunity to rest. As a Selectman of our Town, I am fully aware that to accept monetary compensation in this . instance would be legally impermissable, and I never had any intention to do, so. However, .through this experience, I 'have gained an invaluable working knowledge of the problems associated with snow removal in our Town and the duties and responsibilities of the various Departments (Highway, Fire, and Police) in connection therewith. Sincerely, THOMAS G. PALUMBO Selectman, Town of Newbury Esses SS Then personally appeared before me Thomas G. Palumbo and acknowledged the above before me. Ralph P. Lowell 169 SELECTMEN'S MEETING January 24, 1978 In regards to Palumbo' s letter, Selectman Knight said that in an emergency situation such as this, a Selectman is allowed to accept money 'f or work done for the Town. Palumbo said he never expeeted to be paid for his service. The bill f or Town Counsel Lagoulis' legal `services was read and approved. It was brought up by Selectman Palumbo that the light at the top of Morgan Avenue needs to be brightened. Chairman Lowe said that it would be brightened® Chairman:- Lowe said that it would be brightened when the Electric company gets around to it. It was mentioned that a transfer of funds might be needed to take care of the Truck Maintenance. Payroll was signed and approved. There was some discussion about having people who wish to build on wetlands 'o to the Conservation Commission before they request permission from the Selectmen, or Board of Health, where it can still be disapproved. No decision was come to on this matter. The meeting,was adjourned at 9:15 p.m. Respectfully submitted, `Diane E. Colby Selectmen' s Seer ary SELECTMEN'S MEETING February 14, 1978 The Selectmen' s meeting of February 14, 1978 was called to -order by Chairman, James A. -Lowe. The minutes were read by the Secretary, and were accepted as ammended. John Travers brought, in the bills for snow removal from the snow storm of February 6,- and 7 , 1978. On behalf of the Board, Chairman Lowe commended everyone involved in this snow disaster. The Highway Department, Police Department, and the Fire Department: everyone followed through and it was handled very. well. We are very happy with their performance. John Travers reported that the Army, had been laid off this -morning. John Travers thanked Daniel Orfant and James Lowe for'-.their cooperation. Daniel Orfant, asked the Selectmen to put a Legal Notice in the newspaper to advertise the bid f of the two (2) new. Police cruisers. He said the cruisers they have now both have 70,000 miles on them, and they are starting to show their wear and tear. John Travers said .that he inspected the bridges in Town this afternoon. It is hard to ascertain the -damage that has taken place underneath, he said. Thurlows Bridge has lost some blocks from the storm; it is a- serious- situation. Lee' s Bridge has two bindings that are damaged. Selectman 171 SELECTMEN"S MEETING February 14, 1978 Knight asked if it was possible to make temporary repairs to make it safe enough for school bus travel. John Travers said that it wouldn't be until the ice is gone. The signs that have been put on the bridges have been taken by vandels. Whites Bridge and Lee's Bridge' have minimal damage. Righard. Knight drew Roderick Shea to report to the Lawrence Court on March 6., 1978. Mr. Shea lives on Souhern Boulevard, Plum Island. Guilford' s Package Store has the necessary papers for a transfer of ownership. The hearing will be February 28, 1978, ah-,8:00 p.m. The railing on the front stairs of the Town Hall has been installed, particularly for the benefit of older people. It was graciously donated by Gene. Palumb.o. Chairman Lowe moved that the Board send him a letter of appreciation. Selectmen Knight seconded the motion. The letter sent is as followss,, Mr. Gene T. Palumbo February 22, 1978 Boston Street Newbury, MA 01950 Dear Mr. Palumbo: On behalf of the Town of Newbury, the Board of Selectmen would like to thank you for your generous gift of a railing for the front steps of the Town Hall. This railing is .both decorative and useful an it providet safety for the elderly people who now use the Town Hall quite frequently. This gift is greatly appreciated by all. in the Town. Sincerely, JAMES A. LOWE RICHARD H. KNIGHT THOMAS G. PALUMBO The contract for Dqve Scott Incorporated was brought up at• the meeting. It is the same arrangement that was worked under last year. Selectman Palumbo made a motion that the Chairman engage in their services. Selectman Knight seconded the motion. Chairman Lowe signed the contract. We have been given a Massachusetts Unemployment number. That number is 78-30181 . The Selectmen looked at the articles that are to be put in the 1977 Town Report. A letter from Governor. Dummer Allies was read requesting permission for liquer permits for Saturday, February 18, 1978, and Saturday April , 8, 1978. The. permit -was issued for February 18, and the one for April 8 will be issued at a later date although it was granted by the Selectmen. Palumbo recommended that the bar be allowed to stay open until 1 :00 a.m. Mr. Lowe said that he did not know of any regulation that would restrict them to close at 12:00 midnight. Selectman Knight suggested that they pay an extra $10 if they stay open after midnight. 173 SELECTMEN'S MEETING February 14, 1978 Selectman Knight made a motion that they should' either relocate or brighten the light at the •entrance of the Newbury Village. Lowe seconded, and Palumbo made it unanimous. Walter Mills said that he has heard the Board say many times that they do not interfere with other departments. He said he was in the Town Hall for 40 minutes, and was docked pay for an hour. Not that it was a question of the amount of time , but whether the time was made up or not. He went from the Town Hall to the Highway Barn and was told by John that hh was to decuc°t an- hour from his pay. s If you go back to the records, you will see that he was paid for 7 hours that day. Anytime he has been up here on Assessors Business, time has been more than made up at the Highway Barn. Selectman Knight said that he only asked some questions of John of which he felt he had a right, and is going to straighten the story out with John Travers. Wally asked Richard Knight why he was interfering. Mr. Knight said he was only asking questions. He has a right to inquire about things he doesn' t know. He didn' t single Wally out, he has checked on lots of other people too. Wally wanted to have it in the records that he will give no more donations of his time to the Town. Mr. Knight said that he only asked John if Wally had done this before, and then made up the time, and John said that he had. Chairman Lowe said that this board operates as a board and there isn' t any one member of this Board that will go out and order anyone to do anything. It will take two members of , this board to discuss it, and then the Chairman will carry it out and this should be remembered by every member of the Board. r Mr. Cunningham said that he has been a member of the Conservation Commission for about ten years, and Chairman of this commission for the last, several , and in all that time he has put in several thousand hours time--free. He has made- long-distance calls, paid postage out 'of his pocket at any time, and does not- regret any. of it. It has been brought to his attention that one member of the Board said that he was trying to' build it into a $10,000 a year job. Selectman Knight maid he might have mentioned it to Mr. Lowe. Mr. Cunningham said that he has heard it from some reliable witnesses; the Finance Committee. Mr. Knight said that he admitted the fact that he thought Mr. Cunningham was out to get : a good paying job , but he never put a price tag .on it. Mr. Cunningham isn' t very happy. Selectman Knight says he doesn' t give orders, he asks questions. We were very fortunate to have the full support of Bob Cunningham and also the Corps of Engineers. We are very grateful for it, and the Town has been p-dt back in pretty good condition. Plum Island has been put back in as good of condition as possible. Our roads and right of ways are open, and are very lucky that they were not damaged more than they were: However, we are on t-op of things bright and early, and that is why we had such a great support. Selectman Palumbo commented that we were able to utilize equipment from the three departments of this town, bringing things all together for the best efficiency from the equipment. Chairman Lowe commented that we have some bad drifting conditions on the High Road, and we have done an excellent job. Knight seconded;:, Palumbo...made it unanimous. The meeting was adjourned at 8:25 p.m. Respectfully submitted, Diane E. Colb Selectmen' s S rotary rj en 1 13 SPECIAL SELECTMEN'S MEETING February 17, 1978 A Special Selectmen' s Meeting was called to order on Friday, February 17, 1978 at 3:00 p.m. for the purpose of electing the Chairman of the Board, James A. Lowe, the Bargaining Agent to arrange or represent the Town for the purpose of obtaining certain Fe(teral financial assistance under the Disaster Relief Fund. The vote was unanimous. Also, the Selectmen decided to continue their membership with the Massachusetts Selectmen' s Association. Respectfully submitted, Diane E. Colb , Selectmen' s S tetary 177 SELECTMEN'S MEETING February 28, 1978 The Selectmen' s meeting of February 28, 1978, was called to order at 7: 30 p.m.l by Chairman James A. Lowe. The minutes of the previous meeting were read by the secretary. Lowe made the motion that they be accepted as ammended. Knight seconded the motion;'L Selectman Knight questioned the necessity of all the verbatum in the minutes of the previous meeting, but the Chairman explained that they had been accepted by the Board and would be recorded as accepted. Selectman Palumbo suggested that if this type of discussion were to take place again that it should be taken up in Executive Session. Rusty Rhodes came in to see the Selectmen and said that there is abetter chance of getting the project funded this time around, (the Community Development grand for the raising of the roads, Sunset Boulevard, and Old Point Road.) The application date is April 15 through May 15. This will give time to coordinate with other departments in Town. He reported that he has been in touch with Harrington' s office for letters of support. Selectman Palumbo said that a week ago yesterday, the Selectmen toured Sunset Boulevard and Old Point Road with Joe Centerino from Congressman Harr-ington' s Office-, Senator Bill Saltonstall , Representative Henry Walker, and two members of the Corps of Engineers. They are all submitting their reports supportive of the elevation of, the two roads to Bob Cun- ningham, Director of Civil Defense. The committment from the DPW' that they will fund -3/4 of the roads is still good. Henry Walker brought Chapter 932 to, the attention of the Board of Selectmen. This Chapter says that every police officer,,must attend a municipal police training school, and satisfactorily complete a course. Representative Henry Walker also mentioned that the Selectmen should start thinking of a guest list for the dedication of Martin Burn' s Bridge. He suggested the Fish and Game Department, his family, Bunny Marsh, and X-Town Officials. Walter R. Salois requested to transfer the liquer license of Guilford.s Package Store to Francis M. Mahoney. Select- man Palumbo and Alba Seeley both spoke in favor of this transfer. There have never been any complaints about the way their business was run. Selectman Knight asked if they have any previous experience with this type of business. Mr. Mahoney stated that he ,has not. Mr. Sirois said that he had no previous experience in this business when he started either. Lowe made the motion that they take this decision under advisement. Knight seconded the motion. Palumbo made a motion that they grant this transfer. Knight seconded and Lowe made it unanimous. M.p. Fleischman, representing the Salvation Army, said that they would like to sponsor a kite flying contest down Plum Island on the Beach on April 1st. They will accept all responsibilities and will clean up the beach prior to their contest. It will be well supervised by adults. Selectman Knight spoke about the wood stove down the High- way Barn. He said that it was very successful , but said the only, wood they ,were getting was bad, big stumps, and thinks that the Highway Barn should have first choice of the wood from trees taken down by the Tree Warden. He says that the Tree Warden has been taking the first choice wood, and giving the Highway Barn that which is left over. He thinks someone should talk to Mr. Colby. 'I'g SELECTMEN'S MEETING February 28, 1978 Ashton Knight had some financial matters of the Town. Several accounts needed transfers of money which should be done at the Special Town Meeting, ,the ..same night as the Town Meeting. There is a lot of money in Revenue Sharing. The Selectmen said that they were meeting with the Finance Committee tomorrow night and would he please bring it up then. It was agreed to put $7,000 into snow removal from Reserve Fund. Donald Grover from Kensington New Hampshire said that he has recently bought a camp at Plum Bush, and they would like to move it away from the house that it is up against. What procedures does he have to follow? The Selectmen told him to go to 'the Building Inspector. He said that he already did, and he sent him to the Board of Selectmen. He was advised to bring in an application for a septic disposal system, and then speak with the Building Inspector. Lowe and Knight have no objections. Palumbo wants to go down with them sometime and look it over. The Selectmen told him- to go teethe Conservation Commission to see if he needed to file. a Notice of Intent. Peter Poor came in representing his ambulance service. He said that this year they are asking for a cost of living- increase. The $3,000 would provide a little more security for the men. At his request, an article has been drawn up and will be put into the warrant. They are on good terms with Byfield Ambulance, and have never refused them help. He would like to be the first responder for Olde Town and Plum Island, because he is closer. Mr. Poor requested permission to attend the annual Town Meeting to answer any questions that might come about. The Selectmen gave him permission to sit at the back of the room, and he will be allowed to speak only if the Town' s people should like him to. He said that he is presently looking for a new office which might possibly be on Rt. 1 in Newbury. Palumbo asked him if he would consider a $2,000 contract for the first two years instead of a $3,000 for 3 years as Byfield Ambulance has been giving services for 12 years for no pay at all. In reference to Thurlow' s Bridge, John Travers doesn' t have the correct equipment to repair it. John Travers suggested that ,a consultant engineer be hired, and it will be his decision as to how it will be repaired. Palumbo asked if the Town would have to pay for it. John said that he would be talking with the man from FDAA on Thursday. John Travers asked if there was any thought given to getting a new comfort station and said that he could look into it. Ashton Knight said that there is no article in the Warrant f of Retirement Fund. Carl Booth, Don Murphy, and Tom Palumbo went over to houses on School Street to talk to people about easements. Tom said that we have 6010 of the easements signed, and thinks that soon we will be able to get along with the project. Selectman Knight asked if there was an article put into the warrant about eminant domain. Selectman Lowe explained, that it wasn' t necessary. Selectman Palumbo said this summer the School , Central Street project will be under way, the road over by Governor Dummer, Sunset Boulevard and. Old Point Road, and then finish off Hanover Street, then all three sections of the Town will be under construction. We will have a lot accomplished. The meeting was adjourned at 9:02 p.m. Respectfully submitted, Diane E. Colby Selectmen' s Secretary � � 181 MARCH 7, 1978 On March 7, 1978, Selectman Palumbo drew three jurers. He drew Constant ChrisWk Jr. of Sunset Drive to report to the Lawrence court on April 3, 1978. Also drawn was Joanne C. Baker of 10th Street on Plum Island to report to the Lawrence Court on April 3, 1978.1��jAid to report to the Salem court on April 3, 1978 was Anna M. Mills who lives at 5 Hay Street in Newbury. Respectfully submitted, Diane E. Colby Selectmen' s Secretary SELECTMEN'S MEETING March 14, 1978 The Selectmen' s Meeting of March 14, 1978 was called to order at 7: 30 p.m. by Chairman James A. Lowe. The minutes were read by the Secretary, and were accepted as ammended. Paul Turbide of Port Engineering came in to discuss the Highfield sub-division plans with the Selectmen. He said that there were 73 buildable lots. They would be using Byfield' s water supply, so there would be no problem with wells. The only problem would be with sewerage and drain- age. Mr. Turbide explained how the drainage would be controlled. Selectman Lowe thought it best to consult D.E.Q.E. about the matter beforehand as they did with the Berco development. Selectman Palumbo awked if there was only one road for the 70 houses and if it would be safe in an emergency situation. Mr. Turbide replied that there were no dead ends and that it should be safe enough. He said that he would be more than happy to discuss this with the Selectmen at any time. The Public Heating for the opening of bids on Police Cruisers started at 8:00 p.m. Chairman Lowe read the Legal Notice from the Newspaper. Selectman Knight opened the single bid given by Clark Ford of Hampton, N.H. The price per car in this bid was $6,389.84, The trade-in allowance for the two cruisers was $4,452.32, and the balance due was $8,337.36. Chairman Lowe said that the reason for the one bid was that the specifications called for a 400 cubic engine and that only Ford makes that in a Police package; also, that the largest engine others could offer is a 350. Selectman Palumbo said that he received a call from Henry Fournier, he said that they couldn' t bid because of the sire of the engine specified 6n the bid. Selectman Knight doesn' t think it is fair to have specifications that only one company can bid on. Some of the men attending the --_. meeting spoke of their engine size and the mileage they,, get out of their gasoline. Mr. Z'abolis of Plum. Island said that he wanted the following put into the minutes of the meeting. He said that one day last October, a Police cruiser was parked, ideling, without a driver, for 45 minutes at Angie' s garage. Mr. Zabolis thinks this, is a waste of the taxpayers' money. Chief Orfant said that the specifications are basically the same since Mr. Platt was the Chief of Police, the only thing that has changed is the optional windshield wipers. Selectman Palumbo sug- gested that since there was only one bid submitted, that they throw it out and bid again. Selectman Knight suggested that Chief Orfant shop around for an engine size that more companies will be able to bid on. Mr. Orfant can get some more information before we redraw the specifications. 13 SELECTMEN'S MEETING March 14, 1978 A leaching system for Robert Bashaw on Hay Street was approved. Mr. Worthly said he would like to see some speed limit signs for Plum Island put up. the police are enforcing the speed limit, but nobody seems to know what they are. We are in the process of going to City Counsel to ask the same of them. Selectman Palumbo said that he thought maybe when the bria-ge was reconstructed, that the signs were temporarily taken down, and that it might just be a matter of replacing them again. He is in favor of this. Mr. Worthl ey asked the Selectmen about cross walks. One near the beach - center, and one at the corner of Old Point Road. John Travers said he -is going to put up some safety signs, for example, a "Thickly Settled." The letter from the Parker River National Wildlife Refuge was read by Chairman Lowe. They have scheduled the annual Plum Island clean-up day for tipril 30, the last Sunday in April. They also requested a Town dump truck to be parked at the Center and also be allowed to use the Newbury Dump. This pickup is only on the reservation. Chairman Lowe read the opinion from Lagoulis about Chapter 649 of the Acts of 1977 providing immunity to the First Responders problem. This act protects the responders but not the Town. The Selectmen think that we should keep insurance on the Town. A letter of appreciation was read from John and Ann Syrene for help received during the storm. Chief Orfant came back to the meeting with some information on Plymouth Police Padk.ages and said that Plymouth does have a 400 cubic engine, His only complaint about an economy car is that a policeman has to ride in the car for an eight hour shift, and an economy car would tend to be more un- comfortable. Selectman Knight moves that this matter be taken under advisement. Selectman Palumbo seconded the motion. License renewals were signed for Bait, Sunday, and Common Victular. Elaine Altman and Mrs. Bashaw came in to explain to the Board of Selectmen about the Merrimack Valley Health Planning Council , Inc. Selectman Knight made a motion that the Selectmen send letters of thanks to Milton MacFarlane for donating a copper flagpole ball to be used on the upper green, and also to Arthur Brown for donating the gold leafing for the ball. The motion was seconded and made unanimous. the meeting was adjourned at 9: 35 p.m. Selectman Palumbo mentioned that he was going to the County Planners tomorrow to look into funds.to try to offset the cost of a masterplan. There is an available $5,000 to help update and remake the masterplan. Selectmen Lowe and Knight both agreed that he should go. We will file an application in respect to this. Resp tfully submitted, Diane E. Colby Selectmen' s S c etary 185 SELECTMEN'S MEETING March .21 , 1978 The Selectmen' s Meeting of March 211, 1978 was called to order at 6: 30 p.m. at the Newbury Elementary School prior to the Special Town Meeting and the .Annual Town Meeting. The wehkly payroll was signed. $18,307 of the Snow Removal bills will be reimburseable. There was a transfer of $248.60 from the Reserve Fund to the Town Reports Account to pay the balance -due on the 1977 Town Report. The Selectmen discussed the Police Cruiser bids and decided to wait until the next regular Selectmen' s Meeting to make a final decision as the Election will be held on March 25, 1978 and there might be a change in the members of the Board of Selectmen. The meeting was adjourned at 6:45 p.m. Res ectfully submitted, Diane E. Co y Selectmen' s cretary MARCH 23, 1978 On March 23, 1978, Selectman Thomas Palumbo drew two jurists for the Salem Court to report on May 1 , 1978. The person' s drawn were Ronald A. Smith of 1 Tenney' s Court in Newbury, and .Alan I. Adams of Paul' s stay in Newbury. 18 SELECTMEN'S MEETING March 28, 1978 The March 28, 1978 Selectmen' s Meeting was opened with the Selectmen organizing for the new year. James A. Lowe was chosen as Uhairman as he' s the only retired member of the Board. Thomas G. Palumbo was chosen as Clerk and Richard H. Knight as Third Member. The minutes of the March 14 , 1978 meeting were read by the Secretary and. were accepted as ammended. John and Ann Syrene would like approval of an addition on. the main building. This well be an office. The Selectmen told them that they will have to apply to, the Board of Appeals for a variance. First the Board of Selectmen have to give you a letter of denial so that you can go to the Board_ of Appeals. Mr. Vella said that he went to his cottage this weekend after being down in Florida, finding it impossible to get in his driveway, (he has applied to his insurance) because - there is so much sand. He was referred to Kim Robinson, the Conservation Commission' s Assistant, who would in turn issue:,him an Emergency Sand Removal Permit. Community Teamwork, Inc. would like to use the Town Hall on April 26, 1978, Wednesday, from 8:00 am to 7:00 pm. Selectman 'might said they will have to get in touch with us. John Travers said that Gene Reilly from Merrimack Paving had been over to see him. Mr. Lowe said we better advertise for bids. Chairman Lowe said he thinks we sould rebid on Police Cruiser bids. The motion was made and seconded to rebid for the cruisers. John Travers asked the Selectmen' s permission to buy two new heavy industrial lawn mowers. Lunt and Kelly has quoted him a price of $145.00 .per mower, over the phone. The money for these lawn mowers is to come out of the Cemetery Account. The Selectmen gave their approval for the purchase. Selectman Palumbo mentioned that we will need a new type- writer for the office. There is one typewriter now being used by three secretaries. Palumbo suggested that this money might be transferred from the Selectmen' s Secretary' s salary account. Chairman .Lowe said that it must come from. reserve fund, and that we would have to ask the Finance Committee for a transfer. Selectman Palumbo read a letter from Sherman Eidelamn, dated March 22 , 1978 , as a point of interest to John Travers. We requested the Massachusetts Department of Public Works to do the engineering for Old Point Road and Sunset Boulevard, John Travers said that F.D.A.A. has allowed us $16,000 to fix Sunset Boulevard for 1600 feet. He doesn' t want to put money into it now because we will be rebuilding it shortly. The Selectmen suggested doing just a minimal amount of patching to keep the roads passable. Mr. Travers thinks something should be done before the heavy traffic season. Selectman Palumbo thinks that people who rebuild the bridge in Byfield should be qualified to so the job. Knight thinks we sould have the plans drawn up by a consultant engineer. 189 SELECTMEN'S MEETING March 28, 1978 Selectman Palumbo asked if it would be possible to have some of the C.E.T.A. employees go around Town in a truck and pick up bottles and cans. Mr. Travers said- he would do it soon. Patricia Plaster, the .Administrator Supervisor of the New- buryport Health Center, Inc. came in to tell the Selectmen that they will be operating under a new type of contract. She will send it along. She also gave a report of the services rendered to the Town of Newbury for the year 1977 as follows: 283 skilled nursing visits to 30 patients. 95 physical therapy, visits to 10 patients. 215 home health aide visits to 8 patients. 15 home health aide supervision visits. 4 health promotion visits. 24 persons attended chest clinic. 28 chest xrays were taken. 140 received flu shots. 16 visits to Well Child Clinic for 8• children. All this is done for the $1 ,500 that the town pays for their services for a full year. The Selectmen decided to start with Part-time Police Officers. Selectman Palumbo nominated Thomas Howard for a part-time police officer. Selectman Knight seconded. the nomination. The vote was unanimous. Chairman Lowe nominated Francis J. Fournier for a part- time police officer. Selectman Palumbo seconded the nomination. The vote was unanimous. Selectman Knight nominated Michael P. Fall for a part-time police officer. There were no seconds to this nomination. Chairman Lowet nominated Robert A. Bashaw, Jr. for a part- time police officer. Selectman Palumbo seconded the nomina- tion. The vote was unanimous. Selectman Palumbo nominated Richard Hoyt for a part-time police officer. Selectman Knight seconded the nomination. The vote was unanimous. Chairman Lowe nominated Jay Larcome for a part-time police officer. Selectman Palumbo seconded the nomination. The vote was unanimous. Selectman Knight nominated Richard Casey for a part-time police officer. Chairman Lowe seconded the motion. Selectman Palumbo asked if the Board would agree to hold on Mr. Casey until he. has a chance to speak with MP. Casey. Chairman Lowe agreed and a hold was put on Richard Casey. Chairman Lowe nominated. Fred MacBurnie for a part-time police officer. Selectman Knight seconded the motion and Selectman Palumbo abstained because he is related to Mr. MacBurnie. Selectman Knight nominated Gregory Harris for a part-time police officer. There were no seconds to this nomination. Selectman Knight nominated Angelo S. Machiros for a part- time police officer. There were no seconds to this nomina- tion. MATRONS Selectman Lowe nominated Madelyn Fournier, Dianne Emerson and Helen MacBurnie for matrons in the Town of Newbury. Selectman Palumbo seconded Madelyn Fournier and Dianne Emerson, but abstained from, Helen MacBurniie because she is a relative. Selectman Knight seconded Madelyn Fournier, Helen MacBurnie and Dianne Emerson therefore making it unanimous. 191. SELECTMEN'S MEETING March 28, 1978 PART-TIME POLICE OFFICERS. Selectman Palumbo nominated Dana J. Pagley for part-time police officer. This nomination will be held until the Selectmen can meet with Mr. Pagley. Selectman Palumbo nominated Richard Newton for part-time police officer. Chairman Lowe seconded the nomination. The vote was unanimous. Selectman Palumbo nominated Keith MacNutt for part-time police officer. The Selectmen will seek an opinion from James Lagoulis, Town Counsel , to see. whether there is any conflict involved where Mr. MacNutt is the Town Abditor. SPECIAL POLICE. Chairman Lowe nominated Benjamin Pearson, Jr. for the Snuff Mill area, Agnes Short for the Byfield School area, Herman Colby for the Elementary School area, Nina Hilton for the Woodbridge School area, Edward Carpenter for All Schools, Richard N. Cunningham for Dog Officer, be appointed as Special Police for their specific areas. Selectman Palumbo seconded the nomination. The vote was unanimous. Chair-man Lowe nominated Russell Rogers, Mark D. Mahoney and Earl F. McCurdy be appointed as Special Police for Construction Duty only. HARBORMASTERS. Chairman Lowe nominated Henry V. Lynch, Jr. to be the Harbormaster and Special Police on waterways and adjacent shores, and Edwin Sternfelt , Jr. to be his assistant. Selectman Palumbo seconded the nomination: .. The vote was unanimous. TOWN COUNSEL. Chairman Lowe made the nomination that Attorney James Lagoulis be appointed as Town Counsel. Selectman Knight seconded the nomination. The vote was unanimous. INSPECTOR. OF BUILDINGS. Selectman Palumbo made the nomination of David S. Caldwell for Inspector of Buildings. Selectman Knight seconded the nomination. The vote was unanimous. INSPECTOR OF PLUMBING. Because Richard Baker doesn' t want to be the Plumbing Inspector anymore, Chairman Lowe nominated Clyde Smith for the position. Selectman Lowe also suggests that other fee arrangements be made. Selectman Knight seconded the nomina- tion. The vote was unanimous. INSPECTOR OF WIRES. Selectman Palumbo nominated Donald Mutch for Inspector of Wires. Selectman Knight' seconded the nomination. The vote was unanimous. INSPECTOR OF GAS PIPING AND APPLIANCES. Selectman Knight nominated George Emerson to be Inspector of Gas Piping and Applicances. Selectman Palumbo seconded the nomination. The vote was unanimous. 193 SELECTMEN'S MEETING March 28, 1978 DOG OFFICER. Selectman Palumbo nominated Richard N. Cunningham to be Dog Officer. Selectman Knight seconded the nomination. The vote was unanimous. Selectman Knight nominated James Cunningham to be the Dog Officer' s assistant. This nomination was seconded by Selectman Palumbo. The vote was unanimous. ANIMAL INSPECTOR. This nomination must be sent to the State. Selectman Knight moves Richard Cunningham. .. , Selectman Palumbo seconded the nomination. The vote was unanimous. FIELD DRIVER AND POUND KEEPER. Chairman Lowe nominated Richard Cunningham to Field Driver and Pound Keeper. Selectman Palumbo seconded the nomination. The vote was unanimous. DIRECTOR OF CIVIL DEFENSE. Chairman Lowe nominated Bertram E. Savage, Jr. for Director of Civil Defense. Selectman Knight seconded the nomination. The vote was unanimous. Selectman Palumbo said he would like to see Mr. Savage take a more active part in the event of emergency. SURVEYORS OF LUMBER AND MEASURERS OF WOOD ,AND BARK. Chairman Lowe nominated.: Harold E. Pingree Arthur S. Page, Jr. Peter L. Noyes Evans Hawesl . to be appointed as surveyors of lumber and measurers of wood and bark. Selectman Knight seconded the nomination. The vote was unanimous. FENCE VIEWERS. Chariman Lowe nominated John S. Marsh for Fence Viewer. Selectman Palumbo seconded the nomination. The vote was unanimous. Selectman Knight nominated Nicholas Bulgaris for Fence Viewer. There were no seconds to this nomination. Charrman Lowe nominated: Robert J. Colby Leonard Ilsley Henry F. P. Rolfe Malcolm C. Wood Samuel Traister Joseph Story to act as Fence Viewers in the Town of Newbury. Selectman Knight seconded the nomination. The vote was unanimous. REGISTRARS OF VOTERS. Gray Adams resigned as a member of the Registrars of Voters. Chairman.Lowe recommended Elizabeth-L. Fecteau of Maple Terrace to take his place. Ralph Lowell , the Town Clerk, questioned .her ability to take his place, and talked about inefficiency of the Registrars. Selectman Palumbo told Mr. Lowell that when personalities are concerned , they will be talked about in Executive Session. The job and the responsibilities had been explained to her and she felt she could handle i.t. Selectman Palumbo nominated Betty Lou Fecteau on the recommendation of the Democratic Committee. Selectman Knight seconded the nomination. The vote was unanimous. SELECTMEN'S MEsET I ING `. March 28, 1978 ZONING BOARD OF APPEALS. Selectman Palumbo nominated Storer P. Humphreys for the Zoning Board of Appeals. Chairman Lowe seconded the nomina- tion. The vote was two for Dr. Humphreys, and no vote from Selectman Knight. Associate Members Chairman Lowe nominated Charles Elwell for Zoning Board of Appeals ,Associate member. Selectman Palumbo seconded and the vote was unanimous. Selectman Palumbo nominated John Murphy. Chairman Lowe seconded the nomination. The vote was unanimous. PLANNING BOARD OF APPEALS. Chairman Lowe nominated John T. Karahalis for Planning Board of Appeals. Selectman Palumbo seconded the nomination. The vote was unanimous. FINANCE COMMITTEE. Chairman Lowe nominated Rodbrick Shea for the Finance Committee. Selectman Knight nominated Joseph H. Frost as a member -of the Finance Committee. Selectman Palumbo seconded both nominations. Unanimous vote. PERSONNEL BOARD. Chairman Lowe nominated Nicholas N. Hathaway as a member of the Personnel Board. Selectman Palumbo seconded the nomination. The vote was unanimous. AGENT OF VETERANS' SERVICE. Selectman Knight nominated that James Chooljian be appointed Agent of Veterans' Service. Selectman Palumbo seconded the nomination. The vote was unanimous. CONSERVATION COMMISSION. Selectman Knight nominated John Karahalis for the Conserva- tion Commission. Chairman Lowe nominated Richard Cunningham for Conservation Commission, Selectman Palumbo seconded the nominations. The vote was unanimous. Associate Members The Chairman of the Conservation Commission stated that he would let the members decide who they would like to appoint as associate members. Chairman Lowe mentioned that he had a letter of resignation from Steve Moore and would like to be considered as an associate member until an opening in the Board should occur. SUPERINTENDENT OF BURIAL GROUNDS. Selectman Knight nominated Frederick H. Ilsley as Superin- tendant of Buriel Grounds. Chairman Lowe seconded the nomination. The vote ,was unanimous. COUNCIL FOR THE AGED. Delphine Landford is no longer .on the. Council. Mary Smith is a new member. - Shairman Lowe nominated the following: Frank R. Cutter Charlotte D. Cook Judith Robertson Desiree Rogers Marie O'Leary Janet Farren Mary York Linda Vieweg Evelyn Noyes Joseph Rand Mary Smith 197 SELECTMEN'S MEETING March 28, 1978 to be members of the Council of the Aged. The nomination was seconded by Selectman Knight. The vote was unanimous. HISTORIC COMMISSION. Ashton Knight' s term expires and. does not want to be re- appointed to the Historic Commission. Selectman Palumbo nominated Mary York to take his place. Permission was asked of her of which she gave. Selectman Lowe seconded the nomination. The vote was unanimous. Chairman Lowe nominated Elizabeth Armstrong and Hope Bradshaw to be reappointed as members of the Historic Commission. This nomination was seconded by Selectman Knight. The vote was unanimous. MERRIMACK VALLEY PLANNING COMMISSION. Chairman Lowe nominated Curtis Walton as the Town' s representative to the Merrimack Valley Planning Commission and Arthur G. Allen to be his alternate. This was seconded by Selectman Palumbo. The vote was unanimous. 208 WATER QUALITY ADVISORY COMMISSION. Chairman Lowe nominated David S. Caldwell as the Town' s representative and Arthur G. Allen as alternate for the 208 Water Quality Advisory Commission. The nomination was seconded and made unanimous by Selectmen Palumbo and Knight. E Robert Bagshaw ofBerco Inc. brought in his Attorney, Mr. Nyman and his Engineer, Mr. Cammett. Mr. Nyman went before the Board to ask them to make a decision on the proposed sub-division on Birch Lane, and mentioned a letter that was sent to the Board of Selectmen from the D.E.Q.E. Mr. Lowe explained that this letter had nothing to do with the questions asked of the D.E.Q.E. relating to surface drainage ; that this letter was about the orders given by the Conservation Commission. Richard Cunningham stated that the Conservation Commission' s orders for the development had been appealed, and at the suggestion of Mr. Bagshaw, a compromise was.made in the orders, and that has not yet been rejected. Chairman Lowe said that his only concern is the people who are already there. This subdivision should not bring any more hardshp to these people than they already have because they are already pumping water out of their cellars every day now. Selectman Palumbo told "Berco" that the Selectmen had met with the D.E.Q.E. on January 10, 1978 to discuss the surface drainage. The minutes of that meeting were read by Selectman Palumbo. Selectman Knight said that he moved the last time that this system be accepted and he was overruled ; this time he is overruled again. The Engineer, Mr. Cammett , gave the Selectmen the run-off calculations. Selectman Palumbo said that he would need some time to study and consult someone authorized in this field. Mr. Nyman asked the Board what else 'they could possibly want at the next meeting to help them make their decision. The people from the School Street area said that they would like in writing a guarantee that they wouldinot have more of a problem with drainage than they do now and that if the problem does increase, that "Berco" , should provide a solution. BI WICK POLICE DEPARTMENT Jahn P:Curran; Chief Q BERWiCK,MANE 03901 v �.- Telephone 207-698-1 136, . s John F. Curran . 17 Rochester Street s Naine 03901 37-Tears' .. 175:gourd s T-arried fo*.a- children _ �" 197E to. -oresent Chief of ;:lice: ', �cercise 'administrative duties as C,, ief of ''ol ice for the ^o<;*n of Rer.,=ick. ` :serve as head of a - r ,. three man full-tire -blice Department; also coTsistin7 Of five art-Time Officers, one :matron and o:ne Secretarj%.Uis- patcher. ,. .Serve as Court officer, handle and assist- in-reuti- Gtions and fi:sgerrintirig. issues ^to2rnits LtC. 'stab lished present Record Dee-Ding %Systems. ttrol on foot and in �.�ee erai'ser.' rsT`a i rOL-TCE, B7FA£t I.i TR=�y�LT77 THTSri„ir^ `✓lg f t. ' 5 r; Y _ t • 1971 to 1975 f cruiser, T tro3 Duties: ersit.e .and 'veried court .expel ence 4 '`ncluding;testiony and prosecution. o- -rotor vehicle dr•�:ys _end -larceny cases. '-_ualified' �reathal�ser �eT-n-tcr. T'r_vesti RF .g3tiv: r spOnsibili�.. with Dracti cal experience in rhoto..- r '".Phyy`, gingery ri nt?� � and crine -scene search. �Tsnector -rgent"for,.the Board'. :o ' ,Irealth: . ��ssistedi�n:.P4tabl sni? 4 n comprehensive records s st--m and b0o1-ng `r proceduL K _ �y � a��. Z!1 =N"� .•..Dj,!"�jrisnr..�/{'i - •�Q'ir'V.'r�l} 'Tc c- �� "4'9 C��t .. { 1960', .to�1;'�i police: Serhe�ht: Inc�izdin °p troy s:r_d investigative frctioFs, , Special 3ssi,=pnts . several hours 0='1-;n with s.� `.�,sconomet r 4Regipha1 1i-Y. School stud -1-s 0n r rZt ` - btS2.dn Juvenile and 'o 7_ Officer. for the 'reeartTent. ;] 19n7 to F - 7�trol Gf ?cer: ^eT O?" ed. TJ_;T_1Otis Clt?'1.Se=' - iIC'c ?;Zvest? utlt'e fllwti oils. " .LT ''.(4s"1 VI:j 1 KT S'T— Crp"T"TTjV S._C . Q1,8 _f3 P BERWICK POLICE DEPARTMENT John P:Curran, Chien 7 BERWICK,MAINE 03901 Tfo _ Talehone 207-698-1136 .. •( - `- !a F. .wi- � ...{+i ri l - ..of e John P. Curran 1? Rochester- Street Berwick, Maine 03901 4 2, IpWa T _tt 4 , ESSEEX COUNTY EA 71-' AND 'M_JS'T ' IT s:, "'ASS. 0113.01 LZIZTED STATE" Cli SE'?? .r CAMS T DJI—m I.T. C;�?GLrFT 3M IC - RESEARCH ? NAIySIS CORPORATTOI �: IjcI3E�`.�', �Gi 1 - 1965 to ,1968 Ste. as' SerAor Computer Operator and cornpu_�er .Supervi sor in above orr nizations. Duties ir_eluded scheduling. machines and operations for na— nd ,efficbecy, train(O^ and vapervi sing up to fourteen employees including, job assignments, and overall' supervision of corputer ope^ctians. Tfrl. .� r STh u. I' 'COzp k i°58 to 1965 -D 'ttained`:s-ink of Sergeant �,r�th`en.honorable discharge ice: . It 'December €ff 1965. In addition to military- training! special; training included coTMsputer operations. Trained and supervised'fewploJ ees at the;.U`_ ited Stites :rice Corns `T se Cann Lei ewe` North Carolina , � CA a.(' aduate:; Nassachucetts..State ?-olice _eC:dem4 - Graduate: ssachusetts St t police . areotics School -° Graduate svvc�iusetts State police �:reathalyzer 6chool Graduate: Di1,'ision of Youth 0,=Vice course or+ t? e =control ' and °eventicn of Ju:Teni le . Delin���e:?cr ualii�e _n '3.rt a_id=Ted Cross `and Civil 7tfe?�se I?evelver pert" in combat and tn�^'et shootinG. _. , cOi 70rth "yore Comnurity lollef*e, �everlt', : ass^c?�usetts. Current!—ft1R enrollee in the T:atr Enforcement '_-^ot-�'^ err r - to an Associates. Degree. n s7�,yCl+ Lynn Diglish Fish School Lynn, Eassochusetts Grnduote Jur_•e,. 1957 Eastern Junior Eilr1r}, School T,ynn, I7assac11us6tts Q G LE z"_s.. r�..��' ^�-n• K ..,y =_� }ve. c�+e'e�'�-y��';t� �'���"�'.v-.v�"_:i. .''1T,: — r ,'�' 6E.RVVICK POLICE DEPARTMENT Jahn P:Curran, Chid Q BERWICK,MAUVE 03901 nre ,r Telephone 207-698-1136: :a 17 John -Po Curran 17' Rochester Street BervTick q Fa ine #.,03901 ORGA ITT Z A T107N.S, International Juvenilea.lolice Officers 'Association-' :=assach-u.setts .juvenile Folice Officers association . mericzn _bderation of !*lice Essex County Police Investigators Association Massachwetts• Safety Officers •`association y yar6ss Commmity Qrganizations r 4 t 71 x - r e � 2 P '- �1..Z.. N 4 — • - '. L)1%gy11 „nY,,NIA a.aA•ur,�.61,-u,Ai h a.•.m aPiA—b!, --. .. �L�ApSp�',.y1 TAF TFIR7,S�I,T Aj,-.r]-fA a ,..E a.RME }- Z:SERVICE NUMIJrR - 3a,-GRADE;RkTE OR RA'tlf .sCATEQF RAoit!S (Daa Ho.d,. -MMMMYii'1 , Yohn w1i pc�. N 4. Df F'ARTj I r77 ,SiPOTIF f: A 5,-f A f- OF[.IIRT.H if y� iY7i7�;.p _ �i¢.p• �q �".:._ D!Y ,..1 i�YTH YKAR- t,4 ,, Doll' Qp lUrine (;0T 14-s. �?�4�z= ) �sahucetto_ �_i_aot—� 7..IfA�I_ i SEX C,..L-0R FIgIR d COLOflEYES . HEIGHT i WEIGHT 8. U.S.CITIZEN S_ MARITAL STATUS i Bro`!.n_. r'Ae _ �_ _ •._��� �GYES QNO'' �O� - C^— I R COURSE OR FIELD - f0 a HIGh{EST.CI`%1:IAN EOUCA L•:ti.Et LL ?, !AA�O -ATTAINED' ' . High C ool - .. adozi(} . 8 A! 11 g. TYPE Of TRANSFER OR DcSCLtAP3F a, STATION OF;INSTALLATION AT WHICH EFFECTED DI•N-WQE I Camp j4i®i_.t ;North Carolina ` f5�r-REA UV A 7 AL H 1% Y pA"Y MGNTN YEAR . 21G Convenience of,the Goven mont °EFFEC f . 1 T1yE z' P -? 261+_?,� ' Du1 i 10 ot_z _6� --. DATE_ _1 Dqq I fi u{ 12: I-AST DUT/ASSIGNMENT A.NG MA-'t')R Comm ANF3 13 a CHARACTER OF SERVICE b .TYPE OF CERTIFICATE - - ISSUED HO Cot MervBn >ilN Div FIB �ONOR� DDT 6� 14. SEL ECilV ERVi':E NUMBE, Z. == ECTIVE SERVICE LOCAL BOARD NUMBER,CITY.COUNTY AND STATE - 1E. DATE tNCUGTED f`.AV MONTH,' YEAR 4 •T 17.2(]ISTRICT OR AREA COMMAND TO-.V3iiCii RESERVIST TIiANSFERRED NIA e :8, T MINAL GATE OF _ ,., Z:�-RR NT 4CT1VE SERVICE OTHER THAN BY JNDUCTIQN � b. TERM OF RESERVE OBLIGATIONI 4c U9CE OF-ENTRY - - - : a LATE OF ENTRY SERViC MONTH YEAR s -1= ❑EN LISTE OIP Sr.oar•) D h iST DiF+•.LnIbm 1 G REENLISTED -.(Yw,ty 9>XV t °MONTH YEAR t eG. Pk13P At GL'LAR EN�ISTMENTS - C.:~..CE.RATE;R RANK AT TIME OF 22 PLACE OF ENTRY INTO CURRENT ACTIVE SERVICE{C4p aad Sun) ,T"C Cl URFIENT A TiVE SERVICE ��® x '`z• $O��OAs �8k9191A�Zi1}$®��E3 ` s ."' 23. 1-1011=OF R C'RD AT TIME OF EN-.Q'�INTO ACTIVE SERVICE. - - (SCo.,,ty and$jai. - !�1�o Gt�oy 24. $TATEME;NT'OF SERviCE -'giryRS aiOP1TH5 DAYS ..1-i ` A7 • - (!I �NETVCTHIS F 6D .� . CREDITABLE a 0 fnq IAsic: 12)OTHER SERVICE 18n 25 SPECIALTY NUM F3ER'ANO I'f r_A ED CFVILIAN QCG4PATION a t»'� ,. TITLB { . .'� �. U ER 1} - PURPOSES. 3ITpTAL Mft? 1{t) (1)) i ' .4C21 - � .�� ,; ' L, ' TOTAL V ACTIVE SER CE +s, toDatafkoCOm; `l`q!!jjq0h0Bor r, �.1 FOREIGN ANO�pR SEA SERVICE,•_-_.�., 410� "� t� H Z8.-OECORAT10N5 MEDALS BADGES C ) MtNUA IONS.CiThT10_Nij AND CAMPAIGN RIBBONS ALV ADDED OR AL[THORIZ,ED d -ontug ids�4®t Ae d) Riflo 11arha p, B®tdgo 27. WOUNDS RECEIVED AS A RESULT-OF ACT ON: rl'TH ENEMY FORGES(Pine,and dab,t1 A mnj 1' 29. SERVI. E SCHOOLS OR_COLLEGES, CL rC: TR MNitSG•COURSE$ ANC/ON POSTGRADUATE COURSES SUCCESSFUI-LY.COMPLETED 'i gg.,C-THER£ERV:GE TRAI.41NG _ - 6CtiCOL"OH COUR�E. E DATES(Prom'•To) MAJOR COUiFSE$ , a 1COL)RSES SUCCESSFULLY �duoatian Centog; =- 1 � 1401 Prosr � � -Jml-$polling C } 9th APSao1,Pi;DjCt 1.96$ Pwce 407 r gth DPPScoltm8, i Y 1904 060 QQIi0a� :t am, WAS CAPM-4Y r p 304,GOVFRNMENTLIFEINSURANC#I% OFCE b.AMOUNTQFALLOTMENT t MCy?FiALLOTMEN7 _. YES a i_- OigCONT;NJED - 11 ata VA BENEFITS PREVIOUSLY APPLF �F DecemberI 4 k. FOR fsv�Vy WFr� , :¢• VA CLAIM NUMBER q q t + y C. 32. REMARKS:ROQomeadod..�or. Itepulistmint Good co�►dnctt /��r�/i��cd� eep�np�moz�e�,1�0 � �,-�.4 � g,�' ��r.,,r f `Ijltil jaxiOd YiM/V Qwq li•Y� § `.• �. +� ID tim loot amrrent, AQtriv® �8 ��w� /��}I� 1/� ♦ y, e�w 7.� ` �7*may'/r � t}(�gi.- - 1� ,+ .j i_t I,'i ' hwnp•!.w•i• 'RN��� a®idt�e�nq Giv�1��Q�+E YT�1� 'T!l:v^YV,!'/.�. _ ..4tt d 4..i-� G1+'j - 1 Sooial 8**=i1 Numboae !t 7-4010 A E 33. PERMANENT ADDRESS FOR MAILING PURPp S ER A O ' ;.5 A7 E O ON 1 G A S R ARGED DISCHARGE !SI.e•e,RPO.Ctry,CeoaFv zra 8tal•) 1 �, t1; �}.� 'il (� � .) ;l+ti lr/ri (�j 3A8f3AhUA@trifa = y- +. S 86 a TYPED NAME,GRADE ANp TITLE O AUTHORIZING OFFICER NtT OFOiF ER A :THO 1ZED TO SIGN K.. H. JAC OAS CWO .10 ADJ !// _"}� C PD FORM REPLACES EIYKTICWOF f IuL *2, ARMEQ FORCES OF THE UNIT TATES iJl•/ t NOV 64 214 wtFlcH Is osa REPORT OF TRANSFER OR PISCHARGE INDIV•1'. r r, S 199 SELECTMEN'S MEETING March 28, 1978 David Caldwell spoke of the last 100 feet of the road. All the water appears to drain there , and Berco has not offered any solution to this last 100 feet. Mr. Nyman asked the Selectmen if they would agree to meet with them two weeks from now and also guarantee a decision. The Selectmen agreed to meet with them, but said they would make a decision only if it were for the best interests of the Towri. Selectman Knight suggested that we invite Attorney Lagoulis ' to come to the next meeting to represent us. Mr. Nyman sug- gested that we have an engineer present to speak on the level of Mr. Cammett. Mr. Knight suggested that we ask ogre of the ,County Engineers to represent us. "Berco" will be here at 8:00 pm on April 11 , 1978. Chairman Lowe nominated John C. Travers for Highway Surveyor for 1 year. Selectman Knight seconded the nomination. The vote was unanimous. Selectman Palumbo moved that James Cunningham be appointed as a special policeman for dog work only. Selectman Knight seconded the nomination. Unanimous vote. The Board of Selectmen decided to let the firemen decide who they would like to be on the Board of Fire Engineers, who they want for representation. Selectman Knight nominated Daniel Orfant for Chief of Police. There were no seconds to the nomination. Selectman Palumbo nominated, John P. Curran for Chief of Police in the Town of Newbury. He then offered Mr. Curran' s resume to be put into the permanent records. Chairman Lowe seconded the nomination of John P. Curran for the Chief of Police. Selectman Knight says that he thinks Mr. Daniel Orf ant did a good job , but whereas the other two members of the Board have decided on Mr. Curran, and he has been a good officer in this Town, that he would make it unanimous. Chairman Lowe nominated George Riel and Marjorie Emerson to be appointed full-time police officers for the Town. Select- man Knight seconded the nomination and Selectman Palumbo made it unanimous. Chairman Lowe moves that Officer George Reil be appointed Officer in Charge for the interim period between when Chief Orfant' s term run-s out and Mr. John. Curran takes over. Selectman Palumbo seconds the nomination and also adds that Mr. Riel report tt the Chairman of the Board of Selectmen daily until Mr. Curran takes over. Selectman` Knight made it unanimous. Selectman Palumbo stated that all part-time officers who are currently working for the department and who -were nominated but not seconded would continue until their appointments run out. The Selectmen were..,not certain of the cut off date, but decided to consult the Town Clerk. There is another committee to be appointed; the Historic District Study Committee, but this will be held off until the Selectmen can look into it a little further. An application was signed for a disposal system for Paula Bengert of Southern Boulevard and Fordham Way down Plum Island. The application was brought in by Mr. John Gallant. The Meeting was adjourned at 10:25 pm. R pectfull s bmitted, Diane E. Colby Selectmen' s S etary 201 SPECIAL SELECTMEN'S MEETING ;APRIL 5, 1978 The Special Selectmen' s Meeting of April 5, 1978 was called to order at 11:00 am by Chairman James A. Lowe. Selectman Knight moved that the new plumbing permit fee schedule for the Town of Newbury, be as follows: $8.00 for each inspection plus $1.00 each fixture: hotwater tank, tankless heater, floor drains, roof drains, steam and hotwater boilers, washing machine hookup. Permits will be issued at Newbury Town Hall , Selectmen' s Office. Plumbing Inspector will be in the Town Hall on Monday, Wednesday and Friday from 12:3g to 1 :00 pm/ Any other time, please call 462-2054 for inspections. Selectman Palumbo seconded the motion,-and Chairman Lowe made it unanimous. Chairman Lowe moved that Richard Baker be appointed the :Assistant Plumbing Inspector, Selectman Knight seconded the motion and Selectman Palumbo made it unanimous. The Selectmen nominated , and unanimously appointed the following for the Historic District Study Commission with no discussion: Robert M. Brown, Dr. Charlotte W. Thompson, .Alice Taylor..and Fiora C. Massey. These people were appointed with a one year term. Selectman Palumbo nominated that Hope. Bradshaw and Elizabeth Armstrong be reappointed' to the Historic Commission for three year terms. Selectman Knight seconded the nomination and Chairman Lowe made it unanimous. The Selectmen nominated and unanimously appointed the follow- ing for the Board of Fire Engineers: Wallace 0. Pearson, H. Verne Noyes, III, Gordon C. Taylor, Martin Fay and John Gallant. Chairman Lowe made the motion that Diane E. Colby be appointed for a one year position as Secretary to the Selectmen. Selectmen Knight and Palumbo made it unanimous. Chairman Lowe moved that John P. Curran be appointed for a term of three years as police chief. He is coming from another State, has to sell his home and move his family. Mr. Lowe feels. that he deserves this protection. Selectman Knight said that he would like to see this remain a one year appointment , but will agree with a term of three years for this man' s protection. Chairman Lowe s&ice that Mr. Curran is not a stranger to this town. Selectman Palumbo thinks that we, should start looking ahead to more than one year appointments, not only for. the Chief, but also for full and part-time police - employees. There was no more discussion on this matter from any of the Selectmen, therefore Selectman Palumbo put it to a vote. Chairman Lowe moves that John Curran be given a three year appointment as Chief of Police in Newbury. Selectman Palumbo seconds the motion and Selectman Knight made it unanimous. Mr. Curran will not be starting here until April `'r7, 1978; until that time George Riel will be Officer in Charge. Mr. Curran will not be receiving pay until he gets sworn in. Chairman Lowe nominated John Curran to be an Agent of the Board of Health. Selectman Palumbo seconded it for dis- cussion. Lowe said .that he handled it before when he was here, and will leave the nomination for his assistant up to him. There was no more discussion. Chairman Lowe moved that John Curran be appointed as Agent for the Board of Health. Selectman Palumbo seconded the motion and Selectman Knight abstained from this d�sision. 203 SPECIAL SELECTMEN'S MEETING April 5, 1978 Selectman Knight said that he strongly objected being denied the right of a copy of the minutes. He thinks that everyone has a right to a copy of any public meeting minutes .before they are accepted. Selectmen Lowe and Palumbo explained that they didn' t think the minutes should be given to anyone until they were accepted by the Board,:._. r1::.- and. until they are accepted, they are not official minutes. Selectman Knight made the motion that the Selectman' s Secretary be sworn into office. Selectmen Lowe and Palumbo seconded this motion. Res ectfully submitted, Diane E. Colby, Selectmen' s Secretary SELECTMEN'S MEETING April 6, 1978 On April 6, 1978, Chairman James A. Lowe drew Jospeh L. Bourgoin of 21 Graham Avenue to report to the Lawrence Courts on May 8, 1978. SELECTMEN'S MEETING April 7, 1978 On ,April 7 , 1978, Selectman Richard H. Knight drew Diane E. Colby of 131 High Road to report to the Lawrence Courts_.on May 1 , 1978. SELECTMEN'S MEETING April 11 , 1978 The Selectmen' s Meeting was called to order at 7: 30 pm. Chairman Lowe said that it appears that all who wish to attend this meeting cannot get in here , therefore, I will entertain the motion to adjourn. Selectman Palumbo moved that the meeting be adjourned. Chairman Lowe seconded the motion and said that this meeting will be adjourned until Wednesday, April 19, 1978 at 7: 30 pm at the Newbury Elementary School. Respectfully submitted, 15 Diane;; E. Colby Selectmen' s Secretary 205 SELECTMEN'S MEETING April 19, 1978 The Selectmen's Meeting of April 19, 1978 was called to order at 7:30 P.M. in the Elementary School on Hanover Street in Newbury, by Chairman Lowe with the following statement: "This Board is subject to operating under the open meeting law, and must make room for all who wissbL.to attend this meeting. We are holding this meeting for the dispatch of Town business as listed on the agenda." The minutes of the previous Selectmen, and Special Selectmen's meeting were read and accepted as ammended by Selectmen c Lowe and Palumbo. Robert Brown who was on the agenda was not present. Richard Cunningham was called foreward for a hearing on Ruth Dodge's dog. The letter requesting her presence was read. Mr. Cunningham asked the Selectmen if the charges might be dropped as the dog is dead. The motion to drop the charges was made and the vote was unanimous. Selectman Knight opened the one bid that was submitted in this second request for bids on cruisers this year. The bid was from Volpone Motors and the price submitted was $9,668. The Selectmen unanimously voted to take the bid under advisement. Fred Scott who was on the agenda was not present. Gordon Sparks who was on the agenda was not present. Mrs. Shewbert who was on the agenda was not present. Shiela Chadwick came before the Board because she wanted to know the reasons. for these people not being reappointed. Mr. Lowe replied that "appointees to the various positions"on Town =Boards-_ serve at the pleasure. of._the Board of --Selectmen and are not appointed for life as some of our newer residents seem to believe and it is the prerogative of the Board to pick people to serve on these boards who are sympathetic to the Boards' way of thinking insuring a smooth operating government. All of the appointments made by the Board have been made in the interest of improving town government and if some of our critics insist on "whipping a dead horse" it is their pleasure; as far as I am concerned, it is a closed issue and irrevocable and I refuse to waste further time in discussion." Ms. Chadwick asked Philip Graham to take her place addressing the audience. Mr. Graham said the reason he was here was because six citizens failed reappointment and four of them were on the Police force, I want to know what is wrong with our police force. He thought the Selectmen should have followed the proceedure outlined in the Personnel By—Laws. Chairman Lowe said that Chapter 41 Section 97A9 which has been accepted by the Town, of the General Laws, supersedes the Personnel By-Law and gives the Selectmen full power to appoi ;t_--pclice. Mr. Graham read Chapter 7 Section 6 of the Personnel By—Laws which gives the procedure for the Selectmen to follow when hiring. He then said that the next meeting on this issue would be in the Superior Court. Selectman Palumbo explained that policemen now require training. First;,we.,discussed this with the Massaclf%setts Criminal Justice Program to see which individuals would qualify under the grandf ather's clause and which would not. There was a question whether Mr. Harris could qualify or not; he may apply at a later date, but the problem is now. To send a man through this training would cost the Town approximately $2,000 and Mr. Palumbo said that he was not willing to spend this on a person who works only a few hours a week. Presently we are trying to get "in house" training 207 SELECTMEN'S MEETING April $9, 19?8 of which John Curran would be qualified to teach out of his department. As for Angelo Machrios , I didn't give him my vote last year. I am sure he will get his fair share of business from the Town automobiles. Mr. Palumbo had a talk with Chief Inspector O'Donnell about Mike Fall working part time in Newbury where he has a full-time job with the Registry; he gave five reasons why he wouldn't qualify. Selectman Palumbo's reasons for nominating Mr.' Curran were that he believed that he could provide a law enforcement agency that would protect the homeowner on a 24 hour basis; he is able to deal with judges, lawyers and attorneys; and he presents a positive image and has a good background. Mr. Palumbo asked Mr. Doyle if he would like to go into executive session to discuss the reasons why he would not second the nomination or ever reappoint him to any office as long as he is a Selectman. Mr. Doyle declined. Mr. John Marsh was an Assessor in the Town of Newbury for 30 years. Who could be more capable of handling the position as Fence Viewer? I would have nominated Martin Burns too, but he wouldn't accept. John Taylor said that he was upset over the postponement of the Selectmen's Meeting. He did.n�t think it was handled properly. He also thought the Selectmen should listen more to what the townspeople have to say. Tom Calderwood said that he thought the Selectmen should have the confidence of the people to run the town not just to the benefit of a few, but to the benefit of the majority, and no matter who is Police Chief, or who the Board of Selectmen are, the Town still has to go on. Sheila Chadwick spoke of Article #13 from the Town Warrant saying that the people were asking for more police protec- tion, but the Selectmen through it out and wouldn't let the people vote on it. Town Counsel Lagoulis said that the question was whether the article was legal. All of the articles are submitted to my office for inspection. Article ##13 was researched by himself and the Attorney General. The opinion of both of them was the same. He said he would take the responsibility for killing the article. The moderator is responsible for not allowing discussion on dead articles. Martin Burns said that he had served on the Board of Select- men for 24 years . There was always some disagreement be- tween the members; it wasn't always a unanimous decision. He then mentioned the fact that Mr. Knight and Mr. Adams fired Tom Palumbo, who was Chairman of the Zoning Board of Appeals. Mr. Knight said that he did..that because he was preventing the bank. Permission was granted to Martin Fay to hold a running race in Byfield on Sunday, April 23, at 10:00 am. The meeting was adjourned at 10:00 pm. Respectfully submitted, Diane E. Col Selectmen's tsne tary 109 SELECTMEN'S MEETING April 25, 1978 The April 25, 1978 Selectmen's Meeting opened at 7:03 pm. Mr. Richard Cunningham, Chairman of the Conservation Com- mission made a motion to appoint Mrs. R. Barbara.P'eabody from the Planning Board to the Conservation Commission, John Karahalis seconded the motion and Kenneth Webber made it unanimous. Mr. James Carlin then presented the Board with a revised map of Central Street. The Board suggested the proposed road be cut to 40 feet, and it was determined that the said proposal falls under Chapter 90. It was decided that Mr. Carlin construct a map showing the suggested 10 foot cut, and present it to the Board of 'Selectmen on May 9, 1978. The Selectmen's meeting then came to order at 7:31 with Chairman Lowe presiding. The Board wavered the reading of the April llth minutes stating that Diane Colby, the Selectmen's Secretary was not present. The next order of business was a disscussion with Mr. Michael Villane in relation to a hole that was dug on his property, by the Town for drainage two years ago. Mr. Villane stated that the- said hole is becoming an erosion problem, and since the Town was responsible for such hole, the Town should help in filling it in. He also stated that it needs rocks, sand, or anything that the Town is willing to give. It was determined by the Board that the said hole will be filled with sand and that the Newbury Highway Barn will take care of this matter. Chairman Lowe then read a formal complaint from Mr. John ..J_,. McDonald, pertaining to a nuisance dog owned by Ms. Marylou Kenefict, 66th .Street, Plum Island. Mr. McDonald stated that, when on his own property, the dog has "come at him" , and in general is a nuisance. Selectman Palumbo asked why the dog would go all the way to Harvard Way from 66th Street. Ms. Kenefict stated that the dog used to live ,.next door to Mr. McDonald and that he still goes back there. Dick Cunningham, Newbury Dog Officer, explained that the dog was left in charge with residents living near Mr. McDonald for quite a while and occasionally returns to the people that fed him. He also stated that he has had previous complaints • in March, and had picked him up April lst, but does not consider him a problem dog. Selectman Knight asked Mr. McDonald what the reaction from the dog wa,. McDonald stated that he beard his teeth and growled. Ms. Kenefict said that she does not feel that the dog is vicious and that the reaction Mr. McDonald got from the dog was probably due to his approach. Chairman Lowe then asked how Ms. Kenefict proposed to restrain the dog. Ms . Kenefict stated that he is a strong dog and she would get a new chain and stronger rope. Selectman Knight suggested a nylon rope , as this has proved effective for him in the past. After some discussion it was VOTED to take the matter under advise- ment, and to see if this will be a reoccuring act. The vote was unanimous. Selectman Palumbo then read a letter from the Colonial Retriever Field Trial Club, dated April 7th, pertaining to their annual field trial on the Parker River National Wild- life Refuge on Plum Island, Friday, Saturday and Sunday, September 29, 30 and October 1st, 1978. They request permission to discharge firearms in the Town of Newbury in accordance: with.-t. ct on. 17 of Chapter 136. The letter stated that the Trial is under strict- rules of the American Kennel Club, and all the officials involved are experienced people. Selectman Knight made the motion that this request 211 SELECTMEN'S MEETING April 25, 1978 be granted, Selectman Palumbo seconded the motion and it was VOTED that permission be granted to discharge firearms in the Town of Newbury on Sunday, October 1st, and that the Newbury Police be notified. The vote was unanimous. Selectman Palumbo then read a letter from Mr. Fred Fish, 2 Rolfe's Lane, stating that because of numerous recent break-in's and robberies at his home, he would like help in obtaining a street light in front of his home. Selectman Knight suggested that the Chief of Police investigate the existing poles in relation to branches and trees shading it. Chairman Lowe then presented an invitation, along with two complementary passes, from the Northeast Surf Patrol, in relation to a benefit dance for the surviving families of the crew of the pilot boat "Can Do" . Chairman Lowe expressed that he considered this a worthy cause, and if the Board of Selectmen could not attend, then somebody representing the Town should be present. A letter was then read from Frederick G. Scott, Jr. , requesting an extention of percolation tests on front lots located on Old -Pine Island Road owned by himself. It was stated that for over a year he was tied up in litigation, and Selectman Palumbo suggested that the limitation not be run during the litigation period. Chairman Lowe then made a motion, Selectman Palumbo seconded, -and it was VOTED to grant Frederick G. Scott a one year extention period for percolation tests. The vote was unanimous. Selectman Palumbo then read a letter from Bill's Trucking Company, Inc. , stating a price of $145.00 per day for the collection of rubbish on Plum Island with an additional price of .50 per yard for container service. Chairman Lowe read a letter from 0. Rogers Construction that the Board had received-:prior to the present meeting and it stated a pride of $145.00 per day for the collection of trash at Plum Island, with an additional cost of .60 per yard for the collection of the containers. After some discussion relating to their "back up system" each of the companies may have, it was VOTED to take the matter under advisement, and to look into both proposals further. A letter was then presented by John Curran, Chief of Police, requesting assistance in obtaining two C.E.T.A. positions to be used as dispatchers for the Newbury Police department. Mr. Curran expressed that within our present budget we could fill in the remaining hours of dispatch by utilizing part time dispatchers. He stated that this would enable the Police Department to have 24 hour dispatch service: without the telephones being placed in private homes. It was decided by the Board that the Selectmen's Secretary start immediately on a proposal to the C.E.T.A. office concerning this issue. Mr. Curran, due to a conflict of interest, then requested an executive session. In executive session, Mr. Curran stated that Mr. Edwin H. Sternfelt has resigned as the Assistant Harbor Master, and would like to appoint him as a special police officer for construction work only. He also recommended Richard R. Rocco as a part time police ' officer for a 6 month probation period. He stated that at present, Mr. Rocco is working as a dispatcher in New- buryport, and personally recommends him. Chief Curran also- requested permission to install a call box at the center of Plum Island. 213 SELECTMEN'S MEETING April 25, 19?8 The Selectmen then read Mr. Sternfelt's: .letter of resigna- tion as Assistant Harbor Master to the Town of Newbury, and it was VOTED to accept Mr. Sternfelt's letter of resignation as written. Chairman Lowe than nominated Mr. Edwin Sternfelt to be appointed as a special police officer for construction _ work only. Selectman Bright seconded the motion and Selectman Palumbo made it unanimous. Selectman Palumbo then moved to ammend that the appointment run until June 1, 1979 and be effected tonight. Selectman Palumbo explained that from here on in the one year appointment will run longer because of the fiscal year. The next order of business was to appoint three people to the Historic Study Commission. It was stated that the Commission was made up mostly of women, and that it would be a good idea to balance it with some men. Selectman Knight then nominated Mr. Benjamin Pearson to be appointed to the Historic Study Commission. Chairman Lowe seconded the nomination and Selectman Palumbo made it unanimous. Selectman Palumbo then nominated Mr. William Paczkowski. Chairman Lowe seconded the motion and Selectman Knight made it unanimous. In addition, Chairman Lowe nominated Mr. Whitfield Kimball. Selectman Knight seconded the motion and Selectman Palumbo made it unanimous. Selectman Palumbo then moved to appoint Mr. Richard Rocco as a part time police officer, for a probation period of six months. Selectman Knight seconded the motion and Chairman Lowe made it unanimous. It was stated that this term will run from April 25 to October 25, 1978. The. Board then discussed the possibility of reinstalling the call box at Plum Island Center. It was stated that this will be a key box- and available to authorized people only. After some discussion it was VOTED to reinstall the call box at the Center of Plum Island. The vote was unanimous. Chairman Lowe then proposed to set June 1st as the out off date for percolation tests. It was mentioned that the D. E. q. E. thought it immaterial as to the time of year these tests were taken. It was then stated that these tests should be taken at the wettest time of the year, which would be April 1st to June 1st. Chairman Lowe then moved that the cutoff date be changed from October 15th to June 1st. Selectman Palumbo seconded the motion, and it was VOTED to set June 1st as the cut off date for percola- tion tests. . It was further moved by the Board to set June 1st as the cut off date for ground water tests as well. Mr. Verne Noyes, Fish Commissioner, was present and recom- mended that Mudd Creek be closed to clam diggers indefinitely for re-seeding, and that Dole Island be open for family use only, eliminating commercial digging. Mr. Noyes further recommended all clam flats be closed Sundays , therefore following the laws of Rowley and Ipswich. After some discussion it was VOTED to close Mudd Creek indefinitely to allow natural seed to mature and is to be effective immediately. Selectman Palumbo then moved to close all clam flats on Sundays. Selectman Knight mentioned that many people have already purchased licenses that they intend to use only on Sundays, and that it would be more feasible to wait untill new licenses are given and state this as a restriction on the said license. Selectman Palumbo then withdrew his motion. In addition, Mr. Noyes asked permission to post bag limits, and permission was granted. It was mentioned 215 SELECTMEN'S MEETING April 25, 1978 that this also could be stated on future licenses. Mr. John Travers, Highway Surveyor, presented a letter to the Board asking for bids at this time on materials needed. It was decided that the Selectmen's Secretary would start advertising these bids immediately. Selectman Palumbo then presented to Berco Inc. , a written memorandum stating his position on their proposal. He explained that this was strictly his position and not the Boards. The Board then called a recess to allow Berco, Inc. time to-read through the written memorandum. Selectman Palumbo then read this memorandum to the public, and the subject was opened to discussion. This memorandum will be recorded in full in the permanent records of the Town of Newbury. :after some discussion, the memorandum, with its stated conditions was agreed to by Berco, and the Board moved that these conditions be sent to James Lagoulis, Town Counsel, for proper wording. Selectman Palumbo then moved that Joseph S._ Vangile be appointed as an associate member to the Zoning Board of Appeals. Selectman Knight seconded the motion and Chairman Lowe made it unanimous. Selectman Palumbo then read Mr. Richard Hoyt's letter of resignation as a police officer in the Town of Newbury. The Board accepted this resignation as written. Selectman Palumbo then read a letter from Mr. John Curran, Chief of Police, in relation to appointing a member of the Board of Health as Health Agent. Selectman Palumbo moved that James A. Lowe be appointed as Assistant. Agent to the Board of Health. Selectman Knight seconded the motion. Richard Cunningham, Chairman of the Conservation Commission, then mentioned to the Board that John Curran, Chief of Police, be made aware of Title 5, and Wetlands Protection Act. Chairman Lowe suggested Mr. Cunningham get in touch with Mr. Curren and discuss this issue. The meeting was adjourned at 9: 51 pm. Respectfully submitted, Kim F. Robinson Acting Selectmen's Secretary a c _.. —TOWN `O F N-E W B U RyY • Office of sriucr w , AND BOARD OF-HEALTH NEWBURY;-MASS. OI950 w r TIM- My €final concern is with the proposed open ditch ' ` . between lots 12 and 13. It was the opinion of Thomas ..Cloughety of .the DEQE that this should be a closed pipe , through these lots and not an open ditch. The developers feel that the open ditch is the best avenue of approach. If it is the. concensus of a majority of the Board of Health r to approve the surface drainage with the open ditch through dots 12 and 13 `I would insist that the developer include. in the deeds for lots 12 and 13 covenants by which the grantees keep it properly maintained- u_" such time that `6e road become =vicepted by tre -Tote- By way of summary, including-catch basins at the intersection; of Central Street and Birch Lane, ditching_, the ._ swamp by. _Kosquito Control early :in the Summer,- dropping the drain pipe"€rder School Street, percolating lots 12, ' 13, and _9 on- an informal basis before-_June 1,'-.1978`;. conducting - 1 additional ground water test. on=--lots 9, 10 11,: 12- and-.13 ti by: the developer and in the presence of the DEQE�Board-of - Health .and interested neighbors and extending-the drain pipe between -lots 12- and 13 which was--'a-, recommendation by -the • � DEQE, are all positive steps tha—C f agreed to by Berco, _ ., Inc. will resal- ,in,my approval -of -the Surface Drainage for their development. ^ Respectfully,- Thomas G: Palumbo i - Member of the _ - r - Newbury Board of Health -N : TOWN OF 'iq-EWB ' Offi" of SAC AND .--BOARD OF HEALTH NEVMRY,---MAS&' -e1950 Z13; TED inclusion- of two -catchb - Birch Lane, wh ere - it intersects .Cent-ral Street. As you will recall this area --of. ; or the first feet .:-B.irC. h Lane had nc provisions for drainage in the past 'This - -A too-has--met with'verbal ar.-Proval from- the DZ.Q.E. and has. solved-', some oY the Problers-Ahat­our Highway Superintendent had . -concerning :7-this. intersection_,' On. October. 3-1s .,1978. the Board-of_.Health witnessed I-e essed rcolatlon 7-'r tests :o]2 each at the thirteen. lots 3zAhis subdivision- kresults included)- -. - e asses:eaewed observation pits- on each lot a.letter dated 13, 1978,,,from. the­-jDE.- Q,.E. '--the recox-c-ndati or, . was .made ' that.-the: Board cchduct, "spring ground water elevations .-would� gC a td'.determine-:- -maximum ground water elevation's 1_ si�pfurther- and. insist' that -n'ot . only.,do-'-�e conduct water''-. -tests but we witness ans additonal percolationt test on',lo s -1 would. move to w aive�'-tfie fees �-and. invite the"D. F. E. the developers , 'and any i n t eres t e d members *of the me.ilrhiborhood to join us. -at -a time conveinertIto Berco' Inc 5 4.;-S TOVICN OF NEW BURY := Of ke of " ► 'SELECTMEN AND BOARD OF HEALTH NEWBURY.'MASS. 019501,5 , r _ - PAA`q p =� Y - w_ th ,caT� Memorandum Be: Birch :Laue Development - April 25, 1978 -- As a Board we have met with personnel from Berco Inc, the proposed developer of Birch Lane, -Engineers and State personnel from' theu`Lepartment of Environmental Quality - Engineering, and concerned residents in•the area in which this .. ; development is proposed. The 'discharge:ores far'the proposed'~surf ace drainage-of r Birch Lane is a swamp located on the property abutting lots 12 IN ands--13 on the subdivision.As a member of the Newbury,_ Board of Health I- have voiced my concern over the. proposed surface drainage plan, ._specifically whether-or not the_:#scharge_ area could adequately accomodate - -: the drainage runoff so .as not- to create--.adverse effects on the : ' neighboring _proper."owners who have yearly--problems. with high..; groundwater' at present - - . Little . or nothg has been done in .the area' of the swamp to decrease the level of the .swamp. The suggestion has been made a Lumber of times lbiy Board members and the developers that possibly ditchi.n€ -he swamp. early:this summer could alleviate- -, part of the problem:_ .A-This idea has met. with verbal : approval from D.E.Q.E, as a- positive .step` in. the,.right direction. and' I - would support it. Berco Inc.- has submitted: a'.,-proposal for the r .. N i 215 A SELECTMEN'S MEETING May 3, 1978 A special meeting of the Board of Selectmen was held in Town Hall, 25 High Road, on Wednesday, May 3, 1978 at 2:00 pm. Present were Selectmen James A. Lowe and Richard H. Knight. Thomas G. Palumbo was .unable to attend due to a previous committment. It was decided to award the rubbish collection on Plum Island to Bill's Trucking of Essex, Mass. , he being the low bidder ($145 per day and $.50 per. yard for containers.) At the request of Superintendent of Schools, Dr. Henry Trainor, the following persons were appointed Special Police for School Property and adjacent highways: Mrs. Nina Hilton, Mrs. Agnes Short, Mr. Herman Colby, Mr. Joseph Jaques and Mr. Edward Carpenter. It was decided to strip all strapping, tape all joints and paint the interior of Town Hall including the front hall at a price of $489. It was also voted to purchase a new vacuum cleaner for Town Hall. The cost of a new Electrolux is $164.50, and we will get $25.00 for the old one. Respec u sub t ed, James, . Lowe, Chair an Board of Selectmen May 3. 1978 On May 3, 1978, James A. Lowe drew Susan P. Little of 67 Green Street in Newbury to report tothe Salem courts on May 8, 1978. Res ectfu�Jlly submitted, Diane E. Colby Selectmen's Secretary 217 - SELECTMEN'S MEETING May 9, 1978 The Selectmen's Meeting of May 9, 1978 was held at the Byfield Town Hall on Central Street in Byfield because the Newbury Town Hall is under renovations. The Chairman called the meeting to order at 7:30 pm and the secretary read the minutes of the April 19, 1978, meeting and the May 39 1978 Special Selectmen's Meeting and a jury drawing held the same day. As the minutes were incomplete, the Selectmen did not accept them in entirety, but did accept the parts read as ammended. The incompleted;portion,will be read at the next meeting. There was a request for a transfer of funds from the Reserve Fund to Interest in the amount of $1,226.01 which was approved and signed by the Selectmen. This transfer re- quest is to be given to the Finance Committee for their signatures. Jan Austin and Sally Lindenfelzer turned in a petition to the Selectmen requesting an existing sidewalk on Main Street to be extended to Grove Street. In this request they- are considering the children in the area and also the elderly people where the Elderly Housing will be in opera- tion soon. The Selectmen explained that making a sidewalk is not a simple process , that it involves a layout by the County Commissioners, funding, and land taking. Chairman Lowe read apiece of correspondence from Michael Harrington, Congressman, congradulating him on his political victory. A letter of resignation was read from Reverand Rand from the Council of Aged. This resignation was received with deep regret. A letter will be sent to him acknowledging his resignation. Mrs. Nina Colby was nominated and unanimously voted to -fill the vacancy on this Board for the ensuing year, Police Chief John Curran discussed with the Board a set of rules of conduct for police to follow. Lowe moved that the Board accept them with the change in the residency require- ment to a 10 mile limit rather than in town. It was fur- ther decided by the Board that these rules would be on a trial basis to see if anything needs to be added or taken out. The vote to accept them was unanimous. Martin Fay of Byfield Ambulance and Peter Poor of Peter Poor's Ambulance Service came before the Board with a don- tract between the two for the Town of Newbury. Although pay for their services will not commence until July 1, 1978, the Selectmen, Martin Faye, and Peter Poor agreed that this contract will be .sent to doctors, newspapers, police and the fire department. It was unanimously -noted that these rules would be open to changes so that on June 30, 1978, a firm set •of rules will be put into effect. The police cruiser Legal Notice and Specifications were read. The bids were opene.d .and read. A copyaof these bids are 'on file -in the Selectmen's Office. Three of the four bids were from Amesbury's Toomwy Ford, . and .the fourth was from Clark Ford in Hampton, N. H. The Selectmen unanimously decided to take these bids under advisement with Police Chi�:f Curran. The Legal Notice for Road Materials and Services was read. The bids were opened and read. A copy of these bids are on file in the Selectmen's Office. The Selectmen decided to take all bids under advisement. 219 SELECTMEN'S MEETING May 9, 1978 James Carlin of the County Engineers came in. He said that the lines were redrawn for Central Street to cut down on the taking of land. Selectman Palumbo wanted it to be on record that 100•� of the land was taken by ease- ments. Mr. Carlin said that he would like to meet with the people on Central Street to show them the new layout. Selectman Palumbo said that Mr. Carlin can set up this meeting any time. The Selectmen went into executive session with John Curran to discuss the hiring of two new men, Part-time. John Curran assured the Selectmen that there was no conflict with the Massachusetts Training Council. Selectman Knight asked if there would be any conflict with the Personnel By-Laws. He was assured that there was no conflict. At the recommendation of John Curran, the Selectmen unanimously voted to hire Arthur Gibbons and Dana Pagley to work for the Town of Newbury as Part-time police officers and to start at a pay scale, of $3.50 per hour; and be on a proba- tionary period of six months starting May 10, 1978 and ending November 10, 1978. Chairman Lowe read the letter from Town Counsel Lagoulis that said the settlement in the case between Orf ant and Castelluzzi was settled out of court for $250 and mentioned that the Town has already spent over $1,500 on the case. •The Selectmen went into executive session with John Travers to speak about the work that was done on Hanover Street. The Selectmen and John agreed that Merrimack Paving should reimburse the Town for the use of equipment and labor as they agreed to rapair the damages. y Donald Grover wants to put a chemical toilet on his camp on Plum Bush. Richard Cunningham says that this will fall under the Wetlands Protection Act. It was suggested that if this building be repaired, that it be used only so many days per year- to avoid the possibility of ever becoming a year round dwelling. The Selectmen said they would write Mr. Grover a letter of approval on his toilet so that he can file with the State Board of Health. The letter of approval wil be included in the recorded minutes of the meetings. Richard Cunningham added that he must file with the Conservation Commission, they hold a hearing and then , they are issued an order of conditions. This applies to any work that is to be done on this camp. The Selectmen signed the Notice of Approval for Berco Inc. Attached. Res ecfully submitted, s. Diane E, Colb Selectmen's cretary May 11, 1978 On May 11, 1978 the following people were drawn to report to the Salem Court on June 5, 1978: David McPhee, 20 South Pond Street; Joseph S. Haydock, 10 Larkin,=Road; amd Donald C. Knight, 45 Hanover Street. On May 11, 1978, Patricia J. Stubbs of Middle Road was drawn for the Lawrence Court on June 5, 1978. TOWN OF .NEWBURI( - - f:. Office of SELECTMEN h AND BOARD OF HEALTH ' y� NEWBURY. MASS.01950 9 _ Flay 11, lg'j8 _ -Mr-. Donald Grover -.. Muddy Pond Road Kensington, H. H. Dear Mr. Grover: In- compliance with Regulation 10 of Title V of the ` :_State Sanitary Code, the Newbury Board of Health hereby grgmts Donald Grover permission to install - a.chemical toilet in his residence located on hot = - _ #13 at Plash. -'After. carefully' reviewing all the facts, the Board finds that. the installation of a self-containing Chemical toilet rather than the conventional- sub- .°. surface disposal system, will ensure; the health and - _ safety of the neighboring residents, as well as - protect the ecology of the surrounding area. This permit is for seasonal use only and before a building permit is granted, petitioner is requested to present a plan designed by a registered engineer --. to us showing how he intends to dispose of the ef- fluents from his sink and bath facilities, ' While we generally do not encourage the use of chemi- cal toilets .in lieu of a subsurface disposal system, we 'realize that there will betimes men Regulation 10 approvall is preferable to the,.conventional leach ' ing field-septic tank system. : } . Finally we reserve the right to judge each applica-s = : tion for a disposal system on its merits and we will generally require the installation of .a subsurface - - didposal system unless specific circumstances war- rant otherwise. , l z 0 A .fix ,y Y Hewbt Board of_;Health Respect llly, - Bales . we Chairman - - hones Go Palumbo, erk c. is ard _H. 'ght NEWBURY �}�➢ OF BF�I,TH cc:_ Conservation Commission Planning Board -Inspector of Buildings - NOTICE OF,-APPROVAL ' Berco, --Incorporated, a duly organized Massachu- setts Corporation, having submitted a definitive plan of a subdivision to the Newbury Planning Board en- titled Subdivision Plan of Land in Newbury, ssachu- setts, County of Essex, For Berco, Inca or2te_d, _Scale V _501 drawn by Charles Axelrod, Registered Lana Surveyor and dated February 1977, said plan having been reviewed by the Newbury Board of, Health, the said Board of Health for the Town of Newbury hereby transmits to the Planning Board its approval of said definitive plan subject to the following conditions:. - 1. That ground water tests shall be conducted on lots 9, 10, 11, 12 and 13 on or before. June 1, 1978 to de- termine spring ground water elevations. 2. That percolation tests shall be conducted on lots 9, 12, and 13 on or before June 1, 1978 in the presence of the Newbury Board of Health. 3. That two catch basins shall be installed by the Berco Inc. at the entrance to Birch Lane where it inter- sects Central Street, according to specifications set forth in said definitive plan. 4. That Berco Inc. shall keep up and maintain an open ditch between lots 12 and 13 until such time as the Town of Newbury accepts the road in the subdivision as an accepted =way. 5. That in the event that the open ditch between lots 12 and 13 does not prove ;satisfactory to the Newbury Board of Health, Berco Inc. agrees to meet and negotiate with said Board of Health and a representative from the Massachusetts Department of Environmental Quality Engineering to arrive at an alternative solution. 6. That if approval of the Board of Health is witheld because percolation tests or ground water tests fail to yield results consistent with or better than the min- imum requirements set for building lots within the Town n ut6ouus a CLARK then such witholding of approval of said plan shall not 70 STATE 8TRMT be Subject to. negotiation. WBURYPORT.KAM Li 030 -- 7. That if approval of the Board of Health is witheld . for reasons other than those stated in item 6 Berco Inc. agrees to meet with said Board of Health to discuss alternative solutions and modifications to the t`s proposed subdivision plan. _ r By the Board of Health for ;irman Town of Newbury Date: LAGOULIS @ CLARx 78 STATE STREET NBURYPORT.KASS.Ota80 TEL. (017)4624K S J - - SELECTMEN'S MEETING May 23, 1978 The Selectmen's meeting of May 23, 1978 was called to order at 7:45 p.m. by Chairman James A. Lowe. The minutes of the ' previous meetings were read by the Secretary and were accepted as ammended. Selectman Palumbo read the correspondance from the previous two weeks . The first was a letter from the Mass . Dept..-of Public Works. requesting two maps of the Town. This was sent to them along with a letter of thanks for their past cooperation. The Plum Island Taxpayers Association,sent the Selectmen a letter thanking them for their promptness in putting up signs down Plum Island Turnpike. A letter from Senator Saltonstall was received stating again his support of the proposed bikeway for Plum Island Turnpike and Sunset Boulevard. A letter from the Finance Committee requested the Selectmen put out bids for an audit of the Town Books as the State Auditors are tied up at- the present time. The motion was made and seconded, and the vote was unanimous to put out requests for bids for an audit for the Town bookq to go back as far as the last State Audit. A letter was read from the Tree Warden, Robert Colby,' suggesting that the bushes around the monument near the , flag pole on the upper green be trimmed to 18"."� The Selectmen unanimously voted to have the bushes trimmed just below the bronzo marker, but thought 18" might be to much. A letter was read 'from the Beach Buggy Association thanking the Town for their cooperation on Clean-up day. It was mentioned that the rules of conduct for the Newbury Police Department were filed with the Towri Clerk on May 19, 1978. Selectman Knight said that several people had asked him about the Chief driving around a car with repair plates and wanted the Selectmen to ask him if it was proper and if it is , then it is alright with him. John Curran. (who was present at the June 13, 1978 meeting where these minutes were being ammended replied as follows) biaid:rOd that there are certain things that must be adhered to and they are. Selectman Palumbo said we sent a letter to Representative Henry Walker to support the upcoming bill #5630. This will defray public costs bn Chapter 766. A letter was read from the Planning Board stating that they would like to sit down with the Selectmen and the Assessors and also the Oonservation Commission to discuss the filing of the application for Community Development funds , and also methods of preventing future growth and development, on Plum Island. Selectman Palumbo said that we have received a favorable review on: our A-95 application. It is open .to our changes and we will make those changes accordingly. A license was signed by the Selectmen. 223 SELECTMEN'S MEETING ' =May 23,� '1978 Kim Robinson requested an executive session with the Board. The Robinson's wish to purchase a piece of land from the Town which is adjacent to their property. The Selectmen said that they will -check with Town Councel Lagoulis. Henry Becker Jr. requested an-executive session with the Board. He wanted to get a sewerage permit to build a house on a lot down Plum Island. Last year the Selectmen gave him permission to go under the road with water rather than an on lot well. . Chapter 40 Section 54 does not allow houses to be built. that do not have on lot water. A sewerage permit was signed for Mr. Clemenzie on Hanover Street; - also for Fred Scott. Alan Adams requested a sewerage permit to build on Old Rowley Road. The Selectmen granted permission to the Gerriatric Newbury League to play soft mall on the upper green on Thursday evenings for the season. Selectman Palumbo moved that this baseball field be filled. The vote was unanimous. Mr. Novac requested permission to build two houses which would require combining several lots. Although these combined lots are larger than before, they do not conform to the new zoning by-law requirement of 40,000 square -feet, He was told to file with the Conservation Commission, the Planning Board, and the Zoning Board of Appeals for a varience if necessary. A legal opinion will be sought as to whether combining lots on Plum Island is violating the grandfather clause, Mickey Vellane was in complaining to the Selectmen about people abusing the beach. He was told that the Selectmen tried to pass regulations for the Beach, but the Towns- people shot it down at the Town Meeting. The Selectmen offered .to sit down with Mr. Vellane at any time to write up some regulations that the Townspeople would go along with, and then pass them at a special Town Meeting. He was told to get a petition with 100 registered voters' signatures requesting a special Town Meeting. Most of the regulations that would be put on the Beach are already laws in the .Town. These were not enforced by Chief Orfant and the Selectmen will ask Chief Curran to crack down on these laws down Plum Island. Mickey Vellane also mentioned that the'�Town,made a hole on his property and he wants it filled. They assured him that it would be filled. -Dick'`Cunningham added that this winter his parking lot was cleared out at no charge to him. John Travers said, that he still has not received any money from Disaster Relief on Federal Funds. Taking the recommendations of John Travers the Highway Surveyor, on the Bids for Road Materials and Services , the Selectmen unanimously voted to grant item #1. consisting of Aluminum Culvert Pipe: 6" 18 gauge-plain and perforated $1 ..78; 8" 18 gauge-plain $2.34; 8" 16 gauge-plain $2.73; 12" 16 gauge-plain 05.02; 15" 16 gauge-plain $5.79; and 18T1 16 gauge-plain $6.67. 225 " SELECTMEN'S MEETING May 23,,1,3978 The Selectmen unanimously-voted to grant Item #2 for MC800 and MC70 Liquid Asphalt spread on Town ways , 50% to Mystic Bituminous Products Company, Incorporated and 500/ to Trimount Bituminous Products Company. Item #3 for Catch Basin and Grates. No bids submitted. Item #4 for Bituminous Asphalt Type I-1 spread and rolled on roads was granted to Merrimack Paving Corporation for $19.45 per ton; sidewalk mix, $39.95 per ton; and Bituminous concrete berm $1 .75 per 1. f. by a unanimous vote of the Selectmen. Item # 5 was granted to John D. Hartnett and Son, Inc. for screened sand at $2.00 per cubic yard, $3.00 per ton, and washed sand at $3.00 per cubic yard, and $4.00 per ton, by Selectmen Lowe and Palumbo. Selectman Knight said that they should make sure his sand meets the State regulations . Fie, doesn't think that Mr. Hartnett is a qualified bidder, and can show a dozen instances where he has given the Town a "hose" job; A dozen times in the last few years. Item #6 was granted to John D. Hartnett and Son, Inc. by Selectmen Lowe and Palumbo for their bid on Bank Gravel at $3.00 per cubic yard, and Crushed Gravel at $5.25 per ton. Item #7 was granted to Merrimack Paving Corporation for the following: Item No. 129, for 12,000 square yards of Bituminous concrete Excavation at a unit price of $2.00; total of $24,000. and Item No. M1.03.1 for 1 ,400 cubic yards of processed gravel for subbase at a unit price of $7.50 and a total of $10,500. , and Item No. 170 of 12,000 square yards of fine grading and compacting subbase areas at $.25 at a total of $3,000. and also Item No. 460 for 2,000 tons, Pof Class I Bituminous Concrete, Type I-1 at a price of $ 8;®.95 for a total of $37,900. Item #8 was granted to Reliable Fence Company Inc. for-- " 2,000 feet of 4' high heavy duty snow fence at a price of $950.00. Selectman Knight. said that Selectman Palumbo has a lot of things that shouid'° be noted for the record. "You fiddle with the records and you change the records all the time ." Selectman Knight maid to Selectman Palumbo. It was agreed to contact Town Councel to write up a contract for these people to sign. A letter from Elizabeth C. Frank requesting permission to have a wedding party on the beach, was read. The Selectmen agreed to give- her permission, but suggested that she get an open fire permit from the Fire Department. The Select- men also said they would notify the Police to keep an eye on the party so as to keep out intruders. Martin Fay of the Byfield Fire, Department requested a one day Alcoholic License for a Beer Fest for Sunday, June 4, 1978 at the Byfield Fire Station for the Strange Craft Race that will be held the same day. The meeting was adjourned at 9:45 p.m. Respectfully submitted, Diane E. Colby Selectmen's Secre ary JURY DRAWING June 12, 1978 On June 12, 1978, Chairman James A. Lowe drew -the following to report to the Salem court on July 5, 1978. Mr. Worthen H. Taylor, Sr. who lives at 46 Hanover Street, Mr. Albert D. McDougall who lives at 72 Elm Street, and Ms. Eleanor F. Couillard who lives at 59 Hanover Street. Res ectfully submitted, Diane E. Col y Selectmen's ec e .ary SELECTMEN'S MEETING June 13, 1978 The Selectmen's Meeting of June 13, 1978 was called to order by Chairman James A. Lowe. The minutes of the previous meeting were read by the Secretary. Selectman Palumbo stated that he would abstain from signing the Firemen's payroll as his brother is now a member. Palumbo was assured by Lowe that there would be no conflict of interest and that he should feel free to sign the payroll. Palumbo said that he wanted to bring it to the Board's attention. Selectman Palumbo asked Selectman Knight if he would (out of courtesy) like to take out the statement that he made to Selectman Palumbo accusing him Qf fiddling and changing the records. Selectman Knight said that he would like to leave them in. Selectman Palumbo asked Mr. Knight if he would like to back up his statements? Selectman Knight said, that he would prove it, but that he would have to take him to court to prove it, and that if he couldn't prove it then he would have to suffer the consequences. ` Selectman Palumbo stated that he gave Selectman Knight an opportunity to explain. Selectman Knight made the motion to accept the minutes as ammended. Selectman Palumbo seconded the motion and the vote was unanimous: Selectman Knight said that he had no more to say on this subject. Selectman Palumbo asked the Secretary if he has ever fiddled with the records . She said no. Selectman Palumbo asked Selectman Knight to point out when he has fiddled with the records. Selectman Knight stated that he would prove it. if he were taken to court. Selectman Palumbo then asked Selectman Knight to come foreward and explain himself in public. Selectman Knight said that he had no comment. Chairman Lowe announced that there would be a Special Town Meeting that will be held June 28, 1978 for the purpose of transferring funds for year-end expenses. The Selectmen signed the warrant. After a unanimous vote of the Selectmen, Selectman Palumbo ; as clerk of the Board, signed a joint pole relocation #4895 for the Massachusetts Electric Company, on Main Street. Z4 lb SELECTMEN'S MEETING June 13, 1978 Police Chief, John Curran, came before the Selectmen. The material he presented before the Board is attached. He also mentioned that Dana Pagley is now a full-time C.E.T.A. employee, and that we now have a 24-hour police department. Chief Curran said that he requested assistance from the Massachusetts State Police and they are now filling Plum Island. The delivery date of the new cruisers is July 15, = 1978. Someone came before the Board requesting that percolation tests be reopened. Chairman Lowe explained that if they did it for him, then they would have to do it for everyone, but he thinks very likely that they will open again in the fall. Ted Cole asked the Selectmen for his Class II license for selling used automobiles . He said that Ralph Lowell , the Town Clerk said the Selectmen would have -it. The Selectman told Mr. Cole that they did not have it but would get it . taken care of as soon as possible. Ray MerrAck of South Pond Street wanted to know if the Town owned a certain amount of his front yard, because if the Town does own it, he would like to have the .back hoe dragged over it to get rid of the tree stumps. John Travers said that he would take a look at it . Kim Robinson and her family asked the Selectmen for an Executive Session. Selectman Knight said he couldn't see why they wanted an Executive Session as there were no personalities involved. An opinion from Town Councel James Lagoulis •was read by Selectmen Lowe and Knight. The last owner of this land was Greeley. Selectman Knight pulled out an old deed with a very vauge description of a piece of property saying that he just might be the owner. He said that the Selectmen should make sure who owns;,the land before they sell it. Chairman Lowe said that they have sold land before at their will as long as it is valued below $500. Selectman Knight was requested to research his deed. to see if it was the pibee of land noquestion :before the- next _Selectmen's Meeting. Selectman Knight-said -he4 thought the piece of land should go up for bids. Selectman Palumbo stated that they sought the opinion from Lagoulis so that they would know what to do in this situation. It It was unanimously voted to take this matter under advise- ment. Mrs4 Joan Punington requested the Board's permission to go through the Town records. She was told that these old records were very fragile and must be looked at only under. the s pervision of the Town Clerk, his assistant, or one of the members of the Board of Selectmen, She was also told that the person doing the supervising should be paid for their time. The Selectmen offered her the microfilm at no charge to her, but she rathered look at the originals. The Selectmen unanimously granted the Triton Boosters per- mission to hold a rummage sale on the upper green on August 19, 1978 with a rain date of August 26, 1978. Mr. Novak, through the Secretary, requested that the Selectmen postpone discussing his situation until the following meeting as he would not be able to attend the June 13t meeting. John and Ann Syrene came before the Board stating that they had been granted a variance from the Zoning Board of Appeals and wanted to know what their next step would be. They were told to get a building permit, a sewerage permit and a well permit. PPPP- ta d, TOWN OF NEWBURY POLICE DEPARTMENT. 25 HIGH ROAD NEWBURY, MASS. 01950 ATEO Via JOHN P. CURRAN Chief of Police June 6 , 1978 Board of Selectmen Town of Newbury 25 .High Rd. Newbury, Mass. 01.950 Gentlemen;. This letter is to. advise you that during the week of May 15, through .May 19, 19781 Officer Thomas Howard attended a Firearms Instructors Course sponsored by the Mass. Training Council and held at Camp Curtis . Guild, North Reading, Mass. Upon completion of this course, Off. Howard was awarded a certificate and is qualified to .conduct firearms qualifications courses. It. is .my . intention to have Officer .Howard conduct qualification courses at various intervals for both our Officers and Officers from other, communities. We. are currently in the process- of building our, own range in the Town of Newbury,, as it would be more convienent and would save funds by. avoiding travel expenses. Yours truly, John P. Curran Chief of Police TOWN OF NGWBURY POLICE DEPARTMENT 25 HIGH ROAD NEVVBURY, MASS, 01.950 egreoa JONN P. CURRAN Chief of Police June 6 , 1978 To: Board of Selectmen From: Chief John P. Curran Subject Firearms Qualifications On May 24, 1978. Firearms Qualifications were conducted at Camp. Curtis Guild, North Reading, by Chief John P. Curran and Agent. Jim Trout of the Federal Bureau of Investigation. The course fired for qualification was the Modified Tactical, Revolver. Course. The Officers in. attendance were: Dana Pagley, Richard Casey and. Arthur. Gibbons of Newbury, and Paul Nakis and Jackie Carl of Newburyport... These Officers have completed. the yearly qualification requirement. Officers Pagley and. Casey also had a chance to familiarize themselves with the 12 gauge shotgun which is the Policeman' s back up weapon. Letters of thanks have been sent to the Agencies who helped ' make this day a success. ?Johnef of Police w �Y � TOWN OF NEWBURY POLICE DEPARTMENT _ 25.HIGH ROAD NEWBURY, MASS. 01950 CRATED . JOHN P. CURRAN Chief of Police June 12 , 1978 Board of Selectmen Town of Newbury Newbury, Mass. Gentlemen In regards to recent Complaints regarding the, littering . on the beach the. following ' action .was taken. The, C.E.T.A. employee who was. hired as a highway dept. worker/lifeguard started cleaning up on June 5, 1973. This subject shall work, on the beach daily in an attempt to clean up the litter, hopefully this will help alleviate this problem. Every. effort will be made to put a stop to the littering at the beach. Sincerely, John P. Curran lg ��� TOWN OF NEWBURY to POLICE DEPARTMENT 25 HIGH ROAD NEWBURY, MUSS. 01.950 ATED � JOHN P. CURRAN Chief of Polies June 12 , 1978 Board .of Selectmen -Town of Newbury Newbury, Mass. Gentlemen: In regards to Mr. Axelsons request for permission to use his surf kayak on Plum Island this summer, I advised him that if I allowed him to use his surf kayak I would. open the door for others to question whether or not they could launch their boats. It is my opinion that for the safty of. the persons who swim at the. beach no moats could be launched as it could create a .situation. where . innocent persons could get injured. Sincerely, John P. Curran lg no iF. May, 11, 1978 10 Lafayette St. Newburyport, Ma 01950 Board of Selectmen Town of Newbury Newbury, Ma Gentlemen: This is a formal request for permission to surf at the town beach on Plum Island this summer. Last summer, shortly after the lifeguards went on duty a`t "the' beach, I- was called ashore by a lifeguard while surfing, and was asked to leave. Understanding that this person was not responsible for making the regulations, I went to the office of the Selectmen, and finally was ,.sent to the Chief of Police. The Chief showed me a list of the regulations in force at the town beach, which stated that surfing is allowed . at the beach, but that it is illegal to launch boats from the beach. I surf in a surf kayak, not on a surf board, which was 'the. reason that I was asked to leave the beach. At that time, the Chief told me that I could surf for the rest of that day but should not count on any assistance from the lifeguard, .should I get into trouble . He advised me to take the matter to the Board of Selectmen, if I wished to continue to surf at- that beach. A surf kayak is a small, light vessel designed specifically for:� use in surf. It is .different from a surf board in that the user sits in the boat and controlbi< it with a double-bladed paddle. For."-safety reasons, ,I always wear a,"type III life vest and a helmet, and am accompanied by another boater or a person on shore with a throw line or torpedo bout'. I do' not depend on the lifeguards for a back-up, I supply my own. The areas used_ for.sur-fing,,.be it on a board or in,,a surf kayak, are the same . The movement of both vessels-thru the water is identical. The handling characteristics are very similar. In essence, there is no differnce , But, I cannot dispute the fact that my surf kayak is a boat. Please •consider this situation, and'. if possible, grant. me permission to surf at the town beach on 'Plum Island. Thanks. Sincerely,, Peter J. Axelson Newburyport �` .> ,fix•� ..: 'y ',",+u. .t s7, a�d m .. r� Q r r< ', ar y ra 4 ncr <. i d< s re • NVESTIGATIOi REPORT ` " tom CompjWnant Plum Island Citizena 3�G'-se Nor 780601-INFO p►ddress _— Phone No.,— Loud music at`VBeachcomber Beachcomber Offense Place of Occurrence ' — Report received by JPC at 1 600^ M. Date 1-1 " 19 78c. How Reported "Sel mens SeerPt'ar' Date and time offense committed Evenings ., Officer Assigned Curran IiSuispects and/or persons arrested 4.> Can June 11 1978 .I "received a letter from Diane Colby; -This letter was . sent to the Board of Selectmen complaining about the noise at the Beachcomber kesteraunt on Plum island. Blvd ' r T F Upon receipt of this letter . I went directly .,to •the Beachcomber Resteraunt where I spoke. with••Mr Charles Pilcher who stated that he was the owner I .advised Mr. Pilcher of the..leiter and-'1,,,showed, it .to him. He requested f=r to know the names of the persons who made the complaint and I requested he = go to the Board of,' 5electment . to obtain the ,-names. , I told him that it f; would -be in the best interest of himself and the town' if he -would make every effort to keep the band -as quiet as .possible and to 'control the crowd as much as possible; ' Mr. _Pilcher was very+;co-operative and he stated that ,he would'do .his best - to, control the volume of ,•the' music' and the crowd. I do feel that Mr. Pilcher - , will do his''best .toy control . the'd'situation; I also "'feel that no matter how' --: 1'ow the music and 'ahe`t noise, from 'the people. we; will not be able to completer si'°lence the crowd:A' The police Department will do all that is, possible "to ;keep the peace as far " as the Beachcomber is ,concerned. 4.,f 4 ilt r 44 s w « z .. � '? - *x v t fir £ �t ♦ ���.. • '� ` Si ned r Date /// 9 .: I ,=t'.. Form M.203 3 we' k 'z• + s w5y.'"t+3 .�i _ti °.+ } r f""+-�" .y* x-r �. 4 i �, a. s 5-26-78 W the undersigned request that immediate action be taken regarding the BeachComber Restaurant located on Plum Island Blvd., and .its pol.icy,of offering live entertainment to the public. As abutters or near abutters of this establishment, we are bothered by excessive volume, more so in the warm months when windows must be kept open. Some of us express concern too over intoxicated or irresponsible restaurant patrons who persist in yelling and screaming, breaking bottles, cheering,.honking their auto horns, etc. Police action has given us only temporary relief., the noise and loud volume resuming after the officers leave the premisses. This sort of "entertainment«and partying would not be tolerated were it to'eminate from a private residence, and we request that the Beach Comber Restaurant be required to so .soundproof its walls and lower the volume of its amplified music as to be inoffensive, or .eliminate its live entertainment all together. We conclude in stating that while the owner of the Beach Comber is en- titled to a livelihood, he is not so entitled at our expense of peace of mind, sleep, and mental well being. Though zoned for business, this area is-a residential one still, and your immediate attention to this matter is desired and appreciated. Signed: le C- - _fir. Y-4- w , ' 15 SELECTMEN'S MEETING June 13, 1978 John Travers , the Highway Surveyor came before the Board to tell them of a drainage problem that needed fixing. The Selectmen game him permission to do so. This drainage problem is around the corner from the Hamilton's property. He said the materials would come to approximately $1 ,000. He said that eventually we will be putting, an overlay on following streets: Lunt ;.Street, Central Street, Church Street, Downfall Road, Elm Street, Rolfe's Lane, and Hanover Street. These streets presently only have a base. John Travers said that he was asked to make a sidewalk on Rolfe's Lane for the Elderly Housing. He said that he could put down a base , but could not put an overlay as this would cost $2,100.00 for materials. He also mentioned the fact that himself, his secretary, and James Lowe and his secretary would be attending a conference Thursday, June 15, 1978 at 9: 15 a.m. for Federal Disaster Relief. Selectman Palumbo has been in touch with the County Engineers . They have cut the plans for School Street in 10 feet, and they are waiting for the Selectmen to schedule a hearing on the layout for the abutters , and the County Engineers. Mrs. Stott asked the Selectmen permission to combine two of her lots on Plum Island. ` Chairman Lowe read an opinion from Town Councel Lagoulis stating that an addition to the lot area is a desireable step and should be encouraged. The Selectmen then told her that she would have to work along with the Conservation Commission. Some regulations for Clamming and Sea Worm digging were before the Board from the Shellfish Constables. The Selectmen unanimously voted to send a copy of these .regula- tions to Town Counnel for his opinion. The Selectmen signed a written consent to let the Haverhill Gas Company put in a street shut off at 36 High Road. Miss Woodbury said that she has talked with the Chief of Police and the Town Clerk and they directed her to the Selectmen. She would like to sell tonic on Plum Island Beach. They would be in cans , and she would Walk up and down the beach. It was suggested that a venders' license would be appropriate, but the Selectmen wanted to think about it before making a final decision. A letter of thanks was read from the .Quascacunquen Grange for the help given to them during their renovations of the Byfield Town Hall. The meeting was adjourned at 9:40 p.m. Respectfully submitted, Diane E. Co by Selectmen's Se etary m 233 SELECTMEN'S MEETING June 27, 1978 The June 27, 1978 meeting of the Board of Selectmen was called to order by Chairman James A. Lowe at 7:40 p.m. k in the Newbury Town Hall. The minutes of the previous meeting were read by the Secretary and were accepted as ammended. Kith MacNutt , Town Auditor, came before the Board reminding them of a Special Town Meeting that will be held tomorrow night, June 28, 1978. By A unanimous vote of the Selectmen, a copy of the tentative list of accounts needing transfers will be included in the permanent records of the Town. John Curran wanted to introduce the new 1978 lifeguards to the Board of Selectmen; they are Roderick Gorman, Jane Caddell, Cynthia Manure , Gregory Bashaw, and Pamela Morrissey. He also stated that they have all successfully completed the First Responders ' Course of which 27 persons participated. Selectman Knight made the motion that these people be appointed lifeguards for the summer season beginning Saturday, July 1 , 1978 and ending Septem- ber 4, 1978. These lifeguards are to work at the discression of the Police Chief. The vote was unanimous . John Curran requested an Executive Session of which the Selectmen unanimously granted. In this session, they discussed John'.s budget, and George Riel. John Curran requested that Officer George Riel be appointed Sargent effective July 1 , 1978 for a six month probationary period. The Selectmen voted unanimously in favor of this request. John Curran also submitted a letter of the accom- plishments of his department since he has been there. This letter will be included in the permanent records. Chairman Lowe stated that we are now holding a hearing for a pole location on Elm Street; pole #8-13'i. Ralph Lowell the Town Clerk spoke on behalf of the pole relo.oation stating that it was for the benefit of Dr. Duff. Chairman Lowe asked if anyone in, the audience had any objections. There were none. The Selectmen unanimously decided to take the matter under advisement. After a little discussion, the Selectmen unanimously decided to grant this pole reloca- tion and signed the petition giving them permission. Mr. Novak presented his plans to the Board. The Selectmen notified Mr. Novak that they had received an opinion from Town Councel Lagoulis which reported that he could combine his lots to make one. The Selectmen did not approve Mr. Novak's plane. as the well and the Sewerage Disposal Systems must be 100 feet from each other and on the same lot as the building. Mr. Novak's plan had the sewerage systems on one lot and the wells on the other, and the Selectmen said. that they would ask Town Councel if this is legal. Abigail Woodbury came before the Board asking them to sign her Common Victualler and Sunday Soft Drinks License. She wants to sell cans of tonic while walking up and down the beach. Selectman.Lowe and Palumbo thought that if they gave Miss Woodbury permission, then it would open it up to Esther peddlers. Selectman Knight felt where only a small part of the Beach is Town owned, that it wouldn't be the Selectmen's authority to give her permission to sell tonic on private property. The Selectmen unanimously decided to take the matter to Town Councel and to get back to Miss Woodbury as soon as possible. u lii�'.•.r�� L - 1 I��1' II ■I .. . IN■�nlll■�N1��0�11111■I■111tAAN11 ■I� . . !�i1N1■Nnllll®1■11111■NIIIII■!■IINANII ■I � . _ NIII�NIiA�I� NI■I■NINm� •_ IINI�IIIN�itl! ill■NIIIME ffil N! o IN�IiN1 �IN �� NNI■®NNI�11�11111�1� � Mmm • .on . _ _ . Nl�il�l�l■®nm�N�� �1■�LII®®N� 1N■ NNI ■®IIIN�iNN� mm111NmilesSIN�mm nni®IIIN�11�®NIN�A =MIMMilts Nl�lnn■ In�nln■nn��iN I� 221. ��IIIII�n� l�ll�® NI�IIIN �IN /Nm 24 �N■ �HI1■ NNI�IIIN ��INN� �� 1�11iN�1■ ��N�■ =- INI�NIN�11■�IIN ■ I�NIN�1■ NI■�IN� NI�NN�■I�IIN■ � ■ 11111 ■ ®�IIII1■■ ■ IiN■NIIIN�m�mm m IIIIMIN�INMOMMINE 1111■■IIN�iIi■®liNl■I■ mm INI■NNNIMIM■NIIIIImIIN■II � ® 11111■Ni11i1■NIIIN■Nnlll■I■illN■II oil r ® NIi111■I�NIII■I�lIiN�Nlll®I�lilll■II ,®®I . 11111■i■IIIII■I■11111�111i1®I■Illil■11 i I®■I �■11111■I■lllll■I■11111�1i111®I®lilll■il ®I �1e111®1■11111■I■11�1�11111®I®1��11■II TOWN OF NEWBURY Z_ POLICE DEPARTMENT _ 25 HIGH ROAD NEWBURY, MASS. 01950 Tm M� J014N P. CURRAN. Chief of Police I realize that with the hiring of a new Chief, transition can at times be a traumatic experience upon the Department and the people. However, I am happy to say that the employees and the citizens of the Town have been most courteous and helpful to me in enabling the transition to go smoothly. Thank you for the opportunity you have given me to serve the Town of Newbury in the capacity of Chief of Police. I will do everything in my power to help the Police Department to be kept in high esteem by the citizens and the people who visit our community. Respectfully, John P. Curran Chief of Police Y TOWN OF NEWBURY POLICE DEPARTMENT 25 HIGH ROAD NEWBURY, MASS. 01950 TED JOHN P. CURRAN Chief of Police June 26, 1978 Board of Selectmen Town Hall Newbury, Mass. 01950 Gentlemen: This is to advise you of the progress that has been made in the Newbury Police Department since I became Chief of Police. 1. Officer Howard has been certified as a Firearm Instructo 2. Officers Dana Pagley, Richard Casey, Arthur Gibbons and two Newburyport Officers have qualified with their servi revolvers on the modified Tactical Revolver Course. 3. CETA has given us a full time Police Officer, which has enabled us to have 24 hour coverage in the cruiser. 4. CETA has given us a full time dispatcher, allowing us 24 hour dispatch service from the station. 5. Newbury Police Department has sponsored a First Responde Course with 25 participants from Newbury, Rowley and Georgetown. 6. With the education and training funds deleted from the fiscal year 1976-1979 budget, I made every effort to purchase extra supplies and material to help us through the coming year. 7. New furniture and draperies were purchased to replace the ones belonging to the former Chief. 8. A new typewriter was purchased to replace the old one used by the dispatcher. 9. A new portable transceiver was purchased to enhance our communications system. Af Z35 SELECTMEN'S MEETING 3 June 27, 1978 The Selectmen signed a Class II License for Ted Cole. Jeff White came before the Board requesting approval of his application. The Selectmen said they needed the signature of his installer before it could be approved. Chairman Lowe told Mr. Whit6 to come and see him any forenoon and he will inspect it for him after it is signed by his installer. Selectman Knight moved that Verne Noyes be appointed Town Forrester and also carry the Fire Warden' s responsibilities:_ The vote of the Selectmen was unanimous. Ralph. Crooks told the Selectmen that the Town Warf should be put in June first and that it still isn' t in. He was told that the float needs two more barrels. John Travers suggested that a new one be built using styrof oam pads instead of barrels and also make it smaller. Selectman Knight suggested that the Town Warf be put back into the hands of either the Police Department or the Highway Department. The Selectmen asked John 'Travers to look into the matter to see what he can do to get it in. The Selectmen received the following letter from the Ladies' Auxiliary Newbury Fire Department to Protection#2. Gentlemen: The Ladies Auxilliary to Dept. #2 are planning "a fun day on the Green," on September 9, 1978, and request the following; 1 . Use of the green 2.. To block off Green 'Street from Hanover Street to Mrs. Pages' 3. Permit-'to have a Chicken Barbeque 4. One-day liquor license. We are hoping to have a variety of Booths, such as Arts & Crafts, Food, etc. If permits are- needed for those may we have them. For the Children, we plan game, contests, rides on the pond, (with your permission, etc.) We are looking forward to a successful fun day for one and all. A favorable reply from you would be greatly appreciated. Very truly yours, Irene Savage , President The Board said that they have their permission to use the Green, block off Green Street, and to have a chicken barbeque, but they could not grant a liquor license for the Green as it is against the Town By-laws. John Truvers reported that the Summer Youth Program starts tomorrow.. John said he will be responsible for approximately 20 kids between the ages of 14-21 who will be picking up garbage on Town Streets and on Plum Island Beach. Selectman Palumbo brought it to the Board' s attention that C.E.T.A. will be accepting-proposals for the fall for High School dropouts ages 16-19. He said that he intended on submitting a proposal. Selectman Palumbo read the letter requesting permission to hold a 6.8 mile running race on Saturday, August 26, 1978 as part of their celebration of the .Byf 'eld Methodist' s Church' s 150tn Birthday. The Selectmen unanimously voted them permission. 23 • SELECTMEN'S MEETING June 27, 1978 Selectman Palumbo said that he took the liberty of sending for an application for an Environmental Program offered by the Wentworth Institute. Palumbo suggested we get these applications into the Planning Board. Richard Cunningham asked the Selectmen if they would like to make any changes in the way he handles the Dog Officers' job, as it is the beginning of a new fiscal year. The h, Selectmen said that no changes were needed, and complimented him on the job he is presently doing. Richard Cunningham said that he has taken on another job and would like permission to use the Newbury Police radio in his truck in conjunction with the West Newbury and Merrimack dispatchers. The Selectmen said there wouldn't be any problem. The Selectmen signed a contract with Carleton Ambulance Service for three years. The Secretary passed out a sidewalk estimate from John Travers, Town Engineer for Main Street in Byfield which is being, requested by Jan Austin and Sally Lindenfelzer, both Main Street residents. The meeting -was adjourned at 9:00 p.m. Res-Dect�ully submitted, Diane E. Colby Selectmen's Sec ary SELECTMEN'S MEETING July 11 , 1978 The Selectmen's meeting of July 11 , 1978 was called to order at 7: 30 p.m. in the Newbury Town Hall by Chairman James A. Lowe. The Secretary read the minutes of the previous meeting and they were accepted as read. Police Chief John Curran, introduced Dennis Dow to the Board. Mr. Dow will be a full-time, C.E.T.A. funded, patrolman. Chief. Curran requested that the Board appoint him as patrolman for one year. He is scheduled for a physical tomorrow. Selectman Knight asked if his background has been looked into. John said that he has a good back- ground, and meets all requirements. Selectman Knight made the motion to appoint Dennis Dow as a Police Officer in Newbury to work under C.E.T.A. Selectman Palumbo said that he would like to wait and have the Board look at his information before appointing him. Chairman Lowe seconded Selectman Knight's motion and the vote was unanimous. It was agreed that from now on the Selectmen will review information on persons hired on C.E.T.A. by the town. John and Ann Syrene requested permission to tie in the sewerage from their new addition with the existing septic system at the suggestion of their Engineer, Port Engineer. The Selectmen turned down this request. Selectman Palumbo read the attached memo that tells how the Town of Newbury has submitted a proposal to C.E.T.A. for a Youth Program that will start in October if approved. Selectman Palumbo said that he sent a copy of our Zoning By-laws and Building Regulations to Paul Miller of Newburyport. SELECTMEN'S MEETING July 11 , 1978 Chairman Lowe read a letter from Governor Dukakis that gave approval for funding up to $750 on a Traffic Counter. A letter from Representative Walker was read asking if the Town needed any Legislation filed before he leaves. He suggested putting two culverts under the road at Plum Bush. John Travers suggested a couple of ditches might solve the problem. The State now requires all firemen to meet the First Responders' requirements or they cannot go to the fire on the fire truck. Selectman Knight didn'.t think this was a very good policy as sometimes you need all the men you can get. Chairman Lowe recommended that the Selectmen.,,-, maintain a hands-off policy in this matter and let the Board of Fire Engineers take care of it. Ralph Crooks-said that it is a state law and that every fireman must pass CPR or FRC to fight fires. We are down to about 25 firefighters. Chairman Lowe read the Legal Notice on the bids for Audits. He mentioned that -there was a late bidder who brought in his bid about 7: 00 tonight. The Selectmen unanimously agreed that they would not accept this late bid. Selectman Knight read the bid from John C.---Fritz with a total price of $3,900 for a one-year audit. Selectman Palumbo read the bid from Main LaFrentz & Co. which had a total of $3,950 for the period starting May 1 , 197.5 and ending June 30, 1978. Selectman Palumbo moved that the Board take these bids under advisement and set up a meeting with the Town Auditor, Treasurer, Selectmen and the Finance Committee to make a final decision. Charles Machuka said that he is excavating a lot on Old Pine Island Road and has about two dozen trees. He requested permission to bury these trees in the hole at the corner of Pine Island. and High Roads. The Selectmen unanimously granted him permission and said they would send him written permission in the mail . Karen Kelley, a member of the School Committee, said that the County Commissioners post-poned the hearing for School Street and its' sideValk because of her. She said that she and 26 others on School Street signed a petition that said they did not want the sidewalk as it would involve more land taking. The Selectmen told her that - at first it was planned without sidewalks and the people said that they needed sidewalks. Mrs. Kelley said that she would be at the July 18, 1978 meeting of the County Commissioners in Salem. John Travers said that the Personel Board will have to make a change in the Personal By-laws as some of the men in his department are at the top of their wage scales. This won't be needed until the next fiscal year. Ms. Jean Wilson said that her driveway is washing away. The water drags in the silt and it is eroding her driveway away. John Travers said that he is going to take care of it with a berm. The Selectmen signed the payroll warrant and also a Common Victuallers License for P.I.T.A. hall. Ralph Crooks asked the Selectmen when the Harbor Master will be putting in the Town Warf. He said that if they make him Harbor Master next year, that he will see to it that it gets put in on time . John and Ann Syrene came back into the meeting and said that they are going to incorporate the two lots , cancel out the old'!. and put ih-a new septic system next to the old one , 24 SELECTMEN'S MEETING July 11 , 1978 and put the new well on the other end of the new combined lot; therefore , making it conform with the health regulation that says the septic system and the well must be at least 100 feet apart and on the name lot as the building. The Selectmen said that this arrangement would be approved. The Selectmen unanimously voted to grant the Ladies Auxillary to Fire Protection #2 a one-day liquer license to be used in the fire station on September 9- 1978. The meeting was adjourned at 8:40 p.m. Res ectfully s bmitted, �P l- Diane E. Colby Selectmen's Se re ar�y SELECTMEN'S MEETING July 25, 1978 The Selectmen's Meeting of July 25, 1978 was called to order in the Newbury Town Hall at 7:30 p.m. by Chairman James A. Lowe with Selectmen Palumbo and Knight present. The minutes of the previous meeting were read by the secretary, and they were accepted as read. Wally Ziehler came before the Board and requested per. mission-to map the three cemetaries in Town that presently have no record of where anyone is buried. Wally said that he has already gotten permission from the Historic Commission and now he would like the Selectmen' s permission. This is a Scouts ' project; therefore , there will not be any charge to the Town. The Selectmen unanimously voted to give him permission and also wished him good luck. A sewerage permit was approved for Susan Gourley. As John Travers could not be present at this meeting, the secretary gave the Selectmen a report of what he would like to put out for bids for repairs to Thurlows Bridge. The Selectmen looked it over and decided they would take it under advisement until they could speak with John regarding the State 's supervision. The secretary passed out copies of the bids for an Audit of the Town books to the Selectmen. After studying the bids , Selectman Knight made the motion to accept the bid from Main Lafrentz & Co. even though the bid from John C. Fritz was $50 lower because Main Lafrentz & Co. offered a three year compete audit as John C. Fritz's bid was for a two year cursory audit, and the third year would be a complete audit. Also, the rate was flat for John C. Fritz, whereas the bid accepted, the limit is $3 ,950 with the chance that it vaould be much less depend= ing on the hours involved -doing the job. The vote of the Selectmen was unanimous. Also, it was decided to wait to notify Main Lafrentz until after the money, has been appropriated. A letter was read from the Quascacunquen Grange $236 requesting permission to use the American Legion Park in Byfield for their Annual Outing on August 24, 1978. The Selectmen voted unanimously in favor of granting them permission. 243 SELECTMEN'S MEETING July 25, 1978 Chairman Lowe said that they have received notification from D.E.Q.E. that the Red Tide ban, as of July 21 , 1978, ,has been lifted. A letter was read from Lagoulis' office in regard to the Planning Board and the petition pending in the Land Court by the Connolly Brothers. There was discussion about a cart path as to whether it was a public or private way. The Selectmen unanimotsly decided to let the Planning Board have Town Councel look into this matter to find out if there is a problem, and if there is , to report back to the Selectmen for further approval. Chairman Lowe made the motion that Town Councel be allowed to represent the Conservation Commission in the issue with Eugene Novak. Selectman Palumbo seconded the motion. Selectman Knight requested discussion on the subject before making a decision. He mentioned that it costs a lot to go to court. Selectman Knight said that he didn't think the Conservation Commission should be allowed to use Town Councel because he himself didn't believe that Novak' s land is really wetlands . He wants Dick Cunningham to call in someone from D.E.Q.E. for a wetlands determination. Dick Cunningham said that he doesn't think that D.E.Q.E. will come , and even if they do, he doesn't think they will interfere with the decision of the local Conservation Commission. Ralph Lowell, the Town Clerk, said that we have to set up two hearings on August 8, 1978 for liquer license transfers. The hearing for Byfield liquer, Inc. will be set for 8:00 p.m. , and he is requesting an all-year-round liquer license of which the Town is now authorized to give out; and the hearing for the Beachcomber will be set for 805 p.m. and " he is requesting a transfer of ownership. Ralph Lowell asked the Selectmen 'about requiring licenses for parking lots . After some discussion, Selectman Knight made the motion that all parking lots that are charging fees pay $10 for the remainder of this year, and $25 for every year afterward starting January 1 , 1979. The vote of the Board was unanimous . Ralph Lowell then asked the Selectmen about licensing gasoline tanks. The State law says that they shall be licensed. After a little discussion, the Selectmen asked Ralph to have any and all information on this subject ready at the next meeting so -that the Selectmen can make a decision. Selectman Knight had an address for the Elm Research Institute to write to for information on Dutch Elm Disease. The secretary was requested to write a letter and, get some information on the cure(s) and also funding assistance for this project. Selectman Knight said that he would like to see the By-law that prohibits bycicles from sidewalks discontinued. The meeting was adjourned at 9:00 p.m. Respectfully submitted, Diane E. Col4cre Selectmen's ry ' 24,5 AUGUST 1 , 1978 On August 1 , 1978, Chairman James A. Lowe drew the following persons to report to Salem on September 5, 1978 for jury duty. Ms. Helen Steele of 4 Lunt Street , and Ms. Ann C. Prest of Marsh Avenue. Respectfully submitted, Diane E. Colby Selectmen's Secre SELECTMEN'S MEETING August 8, 1978 The Selectmen's meeting of August 8, 1978 was called. to order at 7:30 p.m. by Chairman James A. Lowe, in the Newbury Town Hall with Selectmen Palumbo and Knight present. The minutes of the previous meeting tere read by the secretary, and they were accepted as ammended. Kurt Walton mentioned to the Selectmen that the Planning Board. is going to need a secretary/assistant to work along with the Planning Board and Townscape Associates while the Masterplan is being made. Selectman Palumbo said that he would sit down and talk with Kurt to see whether this position can be filled by a C.E.T.A. person. It appears that Berco Inc. is not living up to their agreement. They are cutting trees that are supposed to be left as a barrier. The Conservation Commission--is requesting permission to ask Town Councel to look into this matter to find out if there is a violation. Chairman Lowe made the motion that the Conservation Commission be allowed to use Town Councel in this matter, and if Town Councel does find a violation, then they must report back to the Selectmen for further approval. The vote of the Board was unanimous. Nick Ivone came in complaining about Larry Rogers ' dogs . He said he has been complaining about these dogs for the past 13 years , and he thinks the Selectmen should do something about it. The Chairman read to Mr. Ivone the decision made by the Selectmen in November 1977 that put Larry Rogers ' dogs on a 90-day trial basis , and if any complaints came in within that period, then the Selectmen would have to come up with another solution. Mr. Ivone said that there are complaints on record in the Police Station. The Selectmen said that they didn't receive any complaints and therefore , they thought the problem had been solved. Mr. Ivone was told that he will have to go through the formality of another written complaint and then a hearing. Selectman Palumbo made a motion that the Board seek the advice of Town Councel" to ``see what avenue they could pursue. At 8:00 p.m. a hearing was called to order for Byfield Liquers , Inc. Mr. Giantis duly notified all the abutters with Certified Return Receipt Letters , and gave the receipts to Ralph Lowell, the Town Clerk, to put on record. Mr. Giantis would like his present seasonal liquer license transferred to an All Alcoholic License. 247 SELECTMEN'S MEETING August 8, 1978 The Selectmen unanimously decided to take the matter under advisement. Selectman Palumbo made the motion that this transfer be granted. The vote was unanimous . Mr. Giantis thanked the Selectmen, and the license trans- fer was signed. At 8: 15 p.m. a hearing was called to order for the transfer of ownership for the Beachcomber and its- liquer license , from Charles Filcher, to Lemual Smith, Jr. Ignatius Piscitello said there would be no structural changes , and that it would be the same basis type of operation. Mr. Piscitello spoke in representation of both buyer and seller. He asked if anyone objected. The responee was negative. Selectman Knight asked Mr. Piscitello a little about Mr. Smith's background. Mr. Piscitello presented ari affidavit that stated. Mr. Smith had no prior violation, and that he was not involved in any probationary problems. Chairman Lowe made the motion that they take the matter under advisement ; the vote was unanimous. Selectman Knight made the motion that Mr. Smith be granted this license transfer. The -, vote of the' Board was unanimous. Selectman Knight made the motion that Mr. Smith be granted this license transfer. The vote of the Board was unanimous . The license was signed and they thanked the Board for their hospitality. John Travers asked if they had heard anything from FDAA on drainage for Plum Island: Chairman Lowe said that he hadn't but that he was expecting to hear from them shortly. Selectman Palumbo suggested setting up a Department Head meeting for the first Tuesday in September. Chairman Lowe said that they are held quarterly, and that one would be set up in October. The Secretary asked the Selectmen about getting a screen door for the front door. The Selectmen told her -to call Demers and ask the price. Chairman Lowe said that he was called by Arthur Page about the insurance that the Town presently carries to cover First Responders from law suits . First Responders no longer need insurance coverageMbeceuse of a new legis- lative act that protects them. During discussion it was brought up that this insurance protects the Town from law suits . The Selectmen unanimously decided to keep this insurance coverage. At 8: 30 p.m. a hearing was held for Dick' s Variety. The letter was read that was sent to Richard Kiernan notifying him of the hearing and also the letter from John Curran notifying the Selectmen that Dick's variety was caught selling beer to a minor. Mr. Kiernan said that he has spoken with the clerk in question. John Curran said that Mr. Kiernan had been very dooperative. Selectman Knight made a motion that his liquer license be suspended Thurs- day, Friday, and Saturday because it is a punishment, and it has always been this way in the past. John Curran suggested suspending it Monday, Tuesday, and Wednesday of the following week. After discussion with Mr. Kiernan, Chairman Lowe and Selectman Palumbo voted to suspend Mr. Kiernan's liquer license for the following Monday, Tuesday, and Wednesday, August 14, 15, and 16, 1978. Selectman Knight abstained from voting. Meeting adjourned: 8:38 p.m. Re ectfully submitted, Co A- Diane E.-Colby Selectmen's Secretary 249 . August 11 , 1978 Jury Drawing On August 11 , 1978, James A. Lovfe drew Whitfield F. Kimball of 38 Riverfront to serve in the Lawrence Court starting September 11 , 1978. Res -7ctfully submitted, Cl � Diane E. Colby Selectmen's Sec et y 251 SELECTMEN'S MEETING August 22, 1978 The Selectmen' s meeting of August 22 , 1978 was called to order at 7: 30 pm by Chairman James A. Lowe with Selectmen Palumbo and Knight present. The minutes of the previous meeting were read by the secretary and were accepted as ammended. Chairman Lowe read the dog complaint that was received in the proper form from Mr. Ivone, and also the letter that is being sent to notify Larry Rogers of the hearing. Richard Cunningham, on behalf of Larry Rogers asked if he could have a representative of his own choosing. Chairman Lowe said that he could be represented by any- one he chooses. Richard Cunningham, the Newbury Dog Officer, said that the Selectmen will have to investigate the matter themselves, or appoint someone else to do it as Mr. Rogers is a relative , therefore, biasing his decision. Selectman Palumbo made a motion that the Chief of Police be designated investigating agent for the Board of Selectmen in this matter. The vote of the Board was unanimous. Chairman Lowe read the letter of resignation from Marion Sneider from the Library Board of Trustees and the letter sent to her accepting her resignation. Selectman Knight suggested her maybe taking a leave of absense since she is such a valuable member. Chairman Lower stated that this option has already been offered to her. The Newburyport Health Centre would like to hold a hyper- tension clinic and would like to use the Town Hall on the following dates for this purpose: Wednesday, September 27 , Thursday, October 19 and Thursday, November 16, all from 1:00 p.m: to .3:00 p.m. Selectman Knight made a motion that Newburyport Health Centre be allowed to use the Town Hall for the above described purpose and dates. The vote of the Board was unanimous. Mr. and Mrs. Drelik of Annapolis Way complained that some- one opened up the road , it never used to be an open road, and that it was probably done during the storm this past winter. Selectman Palumbo said that he would go to their house and talk with them about this situation. The Selectmen said they will talk to the Highway Surveyor to get a full report of the situation and then report back to the Dreliks. At 8:00 p.m. a hearing was held for Pole #,136-1 on Maple Street for relocation purposes. All abutters were duly notified. Ralph Lowell , the Town Clerk, spoke in behalf of this relocation. The Selectmen unanimously decided to take the matter under advisement. The second hearing was called for Pole #1-11568 on the Newburyport Turnpike for relocation. All abutters have been duly notified. Ralph Lowell and Kieth Walton spoke in favor of this pole re- location. The Selectmen unanimously decided to take the matter under advisement. Selectman Knight made a motion that these two requests of the Telephone Company be 'granted for these two peices of property. The vote of the Board was unanimous , and the Selectmen signed the petitions. Mr. Harold Choolgian, who owns a piece of property on Plum Island, was complaining that each year more and more people come to Plum Island. They block driveways and they leave a lot of trash on the beach. He also said that we should get more lifeguards next year, and he also complained about the dogs. Mr. Choolgian was given a copy of the Town Report to show him the article that the Selectmen put in for the beach regulations which probably would have solved some. of his problems. Mr. Choolgian was also told 253 SELECTMEN'S MEETING August 22, 1978 that the townspeople voted this article down at the Town Meeting. Mr. Choolgian said he hoped that the Selectmen would find solutions to these problems. Charles Bashaw, a former Selectman in the Town of Newbury, spoke of his concern of the severe safety hazard created by the State when redesigning the intersection of Route 1 and Elm Street. He stated that the entrance of. Elm Street is too narrow and that the trees and brush along Route 1 should be cut back for better visibility, and possibly, an overhead flashing light as to warn the traffic of this intersection. Mr. Bashaw feels that the State should be notified of this immediately. Mr. Bashaw said that six years ago, it was agreed to have an overhead walkway so that Governor Dummer Academy students could walk over the road and now there appears to be no move to do this. There is also a turn-around that he believes is a squander of the taxpayer' s money. The Selectmen thanked Mr. Bashaw for his concern. David Caldwell , the Newbury Building Inspector, said he was backing up Charles Bashaw 100/ because it is the worst intersection in Town. The Select- men were asked to vote to shut off the original Elm Street of which they would not do because of the situation. The State has already gone ahead and shut off this road. Selectman Palumbo introduced Ann Whitteker from the Department of Community Affairs and is one of the Town' s representatives. She handed the Selectmen some literature and said she would make some phone calls tomorrow to see if she can be of some assistance to the Town in correcting this situation with the intersection. It was explained to Mrs. Whitteker that this new road came about because the former road went through the campus. Selectman Palumbo invited her to a meeting tomorrow at 2:00 p.m. at the intersection with Mr. Fisher and Mr. Murphy of the Massa- chusetts Department of Public Works. She said she would be there. The meeting was recessed until 8: 55 p.m. when Arthur Allen arrived. Mr. Allen wanted the public to hear his side of the story of when he was asked to resign as the alternate member of the Merrimack Valley Planning Commission. Mr. Allen said that he has talked with two members of the Planning Board who said it was Curt Walton who brought it up at a meeting for him to resign because he hasn' t been attending all the meetings. The letter was read that was sent to Arthur Allen from Curt Walton and also the letter that was sent to the Selectmen from Curt. Mr. Allen said that Curt is the full-time member and that makes him responsible to see that someone represents Newbury at every one of these meetings. Mr. Allen said that he has a very high attendance record. He has talked with Mr. Walton several times asking him to let him know when he cannot make a meeting, but he has never called. He has talked with Richard Gladstone of the Merrimack Valley Planning Commission about this problem. Chairman Lowe asked Mr. Allen if he felt he would be able to devote his time to this and if he would like to continue as alternate member. Mr. Allen said he would rather not make a decision at this time. Selectman Knight thinks that Arthur Allen should be given a vote of confidence as alternate member to the Merrimack Valley Planning Commission. Selectman Palumbo seconded the motion for his participation and work in the Merrimack Valley Planning Commission. The vote of the Board was unanimous. The meeting was adjourned at 9:05. Res }ctfully submitted, Diane E. Colby, Se e tmen' s Secretary JURY DUTY September 9, 1978 On September 8, 1978, Chairman James A. Lowe drew the following to report to the Salem Court for Jury Duty on October 2, 1978: Mr. Joseph F. Higgins of 44 Central Street, Byfield Mrs. Mary E. Smith of Smith Street in Newbury. Also , Charrman Lowe drew Mrs. Betsey W. Woolf of 11 Green— tree Lane in Byfield to report on October 2 to the Lawrence Court. Res ectfully submitted, Diane E. Colby, Selectmen' s Secre ary 257 SELECTMEN'S MEETING September 12 , 1978 The Selectmen' s meeting of September 12, 1978 was called to order at 7: 30 pm by Chairman James A. Lowe with Select- men Palumbo and Knight present. The secretary read the minutes of the previous meeting, and they were accepted as ammended. The letter that was sent to Sherman Eidelman was read. The Selectmen unanimously voted to enter the letter into; the minutes of this meeting. Byrl Leonard of Plum Island wanted to know what kind of Police protection do we have on Plum Island , and said he thought they needed 24 hour protection. He said as soon as the cruiser leaves the island there is an open fire on the beach. Police Chief Curran said that he has some one down there as much as possible. Mr. Leonard said . that there is an improvement over last year. Chairman Lowe told him to consult a 1977 Town Report for the beach regulations that the townspeople voted down. One of the regulations was no fires on the beach. John said that Captain Taylor of the Fire Department has been down on the beach with four wheel drives extinguishing fires and keeping a list of the people so that they can check on second offenses. Mr. Leonard said it was turned down because Chief Orfant said it couldn' t be policed. John Curran said that at times he has had his own vehicle down on the beach patrolling. If they are there we can use the law to stop them. We can control the laws. Fiora Massey of Middle Road came in to speak of the rebuild- ing of Thurlow`° s Bridge. She was upset that this Historic marker was going to have to conform with state regulations because it would lose it' s historic significance. She said that this bridge would be eligible for funding for repair from sources other than Massachusetts Department of Public Works. Chairman Lowe read Mrs. Massey the specs that are going out to bid to let her ( and others) know that there will only be minor repairs to the bridge , nothing major. Mr. Lowe said that the present bridge was built in W P A days. There has been a bridge there since 1654 , and it is one of the oldet bridges in New England. She thanked Mr. Lowe as he told her it would. be completely installed as a historical marker. Selectman Knight thinks we should get a couple of blocks and fix it ourselves. Someone mentioned that Thurlow' s Bridge is part of a curriculum at Triton for one of the Historic classes. A man asked the Selectmen what they were going to do about Sunset Boulevard and Old Point Road because the town didn' t get, the grant from H U D. Selectman Palumbo said that two years ago the Massachusetts D P W gran.ted the town $225,000 to raise these two roads, leaving the Town to raise the remaining $75,000. This year the Town engaged in the services of Dave Scbtt, Inc. , to apply for H U D money. Newbury came in seventh out of 58 communities , but did not receive any monies. The Selectmen, however, will be engaging in the services of DSI again in a month or so to try for funding for these two roads. Newbury was the first town to apply for and receeve disaster monies. The petition was read that was given to the Selectmen complaining of Larry Rogers' dogs. Ralph Lowell , the Town Clerk, , swore in the following: Nick Ivone, Thomas Landers, Charles Hardy, Beulah Hardy, Richard Cunningham , Larry Rogers and Barbara Rogers. John Curran said that he made a random survey of Mr. Rogers' dogs. "Mr. Rogers is a keeper of dogs. Obviously, the minute I drive in the yard , the dogs bark. If I drive by in the cruiser they bark. Every time I go near the house they are ')barking. They are hound dogs and they are night dogs. Any movement or noise can set them off. I have definitely heard the dogs barking; it is not a nuisence to me because I am on patrol and am not being woken up. I can' t say that it is definately the crUiser - = TOWN OV NEWBURY r Office of SELECTMEN - ' AND BOARD OF HEALTH NEWBURY, MASS 01950. .� TEDa�ugst 302 "978 6nernan yicelLan ` F. : ablrc .:arcs District ,#5 Cffice 45 " aple street:. Dayvers,- IIA. C102�.:: Deax jt�r. .B'idelman: On the afternoon of u�ust 23 ,. 'iG?8, Lowe.. and 17 limbo of tl e L.ewbury Board of -Select-en and• I•Irs. B Ann Whittaker from the Department of Co=m m i tv Aff airs 'met with Er. ,David Murphy.' and s. Fisher oi' „our department,ao discuss the safet,� of the newly constructed intersection:i located in Byfield. at Route I.,and Elm Street. - diter,,conducting a co FreLensive review of the Mans and:..a site ins pectien, .we .feei tnat this intersection is too narrow to provide for the- safe in,-ress and.,egress -of vehicular traf f.i c, =that the trees--located on.,.the, wepterly side-' of r;Route`_.-1 'must ;be - l:'cut back at. least -20 feet-'because they severely restrict the visibility of oncoming northbound traffic on. Route t for any. driver emerging fromi Street , that passing be eliriina_ted in this ;area; ' and that ccr-siderati cn be given to.,.incluc€ing a, ttzrning:'lane on Hqu e '' fir northbound traffic:�wis h-Lg.: to enter r :e stress tne__fact that tl<is : intersection -is; a;-primary: route .-for Sch--ol!-buses-.to ;and from triton zegional, :_111 igh School and, it is our Opinion, teat even by conscientiously atrol i p " - this. area .and enforcing`-posted speed limits on a regular .b sus_, there; still;, wou'd`-exis.t a;,high ri 5 of accidents .because of an `'obvi^us •nbsence .; of imperati�te` safety-_ iteus .:i the' ov ra?1 .design: iriereiOre, ire --esrectft:_. ly equ:st� a re-evaluatic*�, of--thi i tersecti r_ be r-F Cognizant of Our_:" recommendations . = c fo_ „ o,,= a•t'ention ' �nd''await vo-ur e.1rliest �2s lY Respect u 1 your 4. G � C^1 r : J ame `Lowe C2 7aaez nw 1 k�- � i,. , � stew S Board r of Selectmen `emu�c � 4 �.,�.J;'•_L��N,L ;� � _ rf� 1 �� _ , n �� „-.., 5 .,,_ - �r:- _ 'w`'s'r't3E_h+"- __i•}�' -.ry.,'^'�..`- °-. r'4+-..�3 $>-• � -_ � .tr � .r , �� SELECTMEN'S MEETING September 12, 1978 that gets them barking, and I do not park the cruiser and 'walk up because that will set them off." Mr. Ivone asked Chief Curran what brings him into that neighborhood , regular patrolling or complaints. Mr. Curran said it is both. Selectman Palumbo said that several months ago at a meeting concerning this, it was decided to put the dogs on a trial basis of 90 days. No complaints were received by that time , thus the Selectmen thought the problem was solved. Tom Landers said that it is a very stressful situation and that he has had to put up with it for 13 years. Nick Ivone said that he has been doing the same thing Mr. Landers has been doing for 13 years and he would like to see it end. Mrs. Hardy says she feels the same way and Mr. Hardy said all he wants is a little quiet. Larry Rogers said he has nothing to say on the matter. . Mr. Ivone said he believes that the law is on their side and thinks that the Town Attorney, being present, should be able to make some kind of a decision. Richard Cunningham said that he is here on behalf of Larry Rogers and he has excused himself as dog officer in this instance because he is related. Mr. Cunningham asked Mr. Curran if he has ever been to look at Larry Rogers set up. Mr. Curran said that no he hasn't, and he doesn' t want to. Mr. Cunningham asked Mr. Curran if he thought it was excessive barking. Mr. Curran said he was not going to label it , but when he approaches , they bark, when I drive by at night and they bark, I do not know if it' s my vehicle that sets them off or if it is an animal. Mr. Cunningham said that in talking with others than the complai.ntants here, they do not think the barking ,is excessive. Mr. Cunningham says that many people have licensed dogs that run loose and go into other pedple' s yards and make the confined dogs bark. Mr. Cunningham said that Mrs. Hardy owns a dog. She said that she does but he is in the house every night at 5:00 pm. Mr. Cunningham read from his diary about an incident that happened Novermber 11 , 1977. with Mrs. Hardy. Mr. Ivone said _ he makes a point of making an issue out of this every year. Mr. Cunningham spoke of how the kennel is set up and that he wished the Selectmen and John Curran would go see it. Mrs. Rogers asked Johh Curran to check his log book on a couple of dates and times. Selectman Palumbo said that before we make any decision, we will make an extensive view- ing of the area. Chairman Lowe said that .about 8 or 9 years ago he talked with Mr. Rogers, and he moved the dogs down in the end of the field , and we went for 5 or 6 years without complaints. Mr. Ivone asked Attorney Lagoulis if this problem was something that the Town Fathers could handle or if it was something that has to go before a judge. Cha3�man Lowe made the motion to take it under advisement. Mr. Ivone requested a letter on the decision which will be made by the Board of this problem. John Curran said that at one time he was over Mr. Ivone' s with a radiator problem and the dogs were Larry Rogers' dogs and they were loud and this _was before he was aware of this problem. Larry has a kennel license for 10 dogs. The Selectmen asked Larry about the electronic wiring system that Mr. Rogers is using and he replied that they should come and look at it. Mr. Ivone asked what classifies a public nuisence. Selectman Palumbo moved that the hearing be closed. The vote of the Selectmen was unanimous. Mr. Peterson has a lot 300 feet by 150 feet. We have 3 bad wells. He would like to put a well that will only be 60 feet away from his septic tank. After some discussion on the matter, the Selectmen unanimously decided to give Mr. Peterson a permit to dig a well with the option that if it turned out to be a good well , that they would move the sewage system so that it complies with the town by-laws. Chairman Lowe read the decision from Judge Legasey in the trial of Lowe verses Graham. A copy of that decision is attached. j Ce Ix COMMONWEALTH OF, 24ASSACHUSETTS ESSEX, ss SUPERIOR COURT NO. 11209: ' PHILIP A. GRAHAM, et al y JAP•1ES A. LOWS, et al. : ORDER FOR JUDGMENT The Court ORDERS the following Judgment to enter: The provisions of Chapter 41, Section 97A empowering the. Selectmen of the Town of. Newbury _to set the compensation .of the police chief preempt the compensation plan adopted by the Newbury Town Meeting, as part of the Newbury personnel bylaw pursuant to §§ 108A and 108C of G.L. - c . 411, and the setting of the police, .chief' s compensation is within their discretion. The provisions of c . 39, § 23A of M.G.L.A. do not require invalidation of the appointment of the police chief Curran. So' ORD=RED: . By the Court Mel L. Gr enberR Justice f the Court c 303 'of the Acts of 1976 Entered. i7ass'_ 261 SELECTMEN'S MEETING September 12 , 1978 Chief Curran recommended that the Selectmen appoint John Brad Clark as assistant harbor master. He has been avail- able many times when boats needed towing. Selectman Knight made a motion that this appointment be made. The vote of the Board was unanimous. John Curran said that the town has received another patrol- man through CETAA funds. Glenn Little of Merrimac Street , Newburyport. He will be attending MDC Police Academy in Medford. Upon completion of this academy, he will be pre- sented to the Board for a police offier,. appointment. He will be certified , we will have his grades and he is on probation and he is supplying his own equipment and uniforms. Richard Casey will be starting the State Police Academy in Framingham on January 1 , 1979. John said he gave a talk at the Ladies Garden Club , and he has also been giving talks at Maine , New Hampshire and Masschusetts police stations. We go there, and they come here to show us what they know. We have a display downstairs in the police department and 2 engraving pencils and are going to peoples houses. He is very proud of his men and department. John Curran said he went to Mr. Booth from Massachusetts D P W who is a personal friend of his , about the problem at. Route 1 and Elm Street. The problem has since been corrected. Officer Pagley is now attending the Lawrence Ac�drp y. The Selectmen thanked John Curran for his encouragement. Selectman Palumbo said he thinks we should start looking into more than one year .appointments of policemen that have completed school. Chairman Lowe read a letter that was received from Senator Saltonstall. Selectman Palumbo moved that the correspondence, received on the raising of the two Plum Island roads be entered into the minutes. The vote of the Board was unanimous. An opinion of Birch Lane Sub-division by Attorney Lagoulis was read by Chairman Lowe. Ralph Lowell , Town Clerk, wants to get the election .booths tomorrow and he thinks they are in the Byf field town hall. John Travers and his men are going to pick them up. The labor will be charged to Election Expense. Selectman Palumbo mentioned that CETA is offering another _-round under Title VI. Selectman Knight brought up gasoline being charged to credit cards and suggested that the salesmen make sure he gets both signature of the buyer and also the license plate of the vehicle. He said a. lot of them were not filled out. John Travers said that he hasn' t had any problem with these. John Curran said that he saves money where he can by changing the oil himself and any minor repairs that he can fix. He said that 90% of gasoline purchases are at local stations, but sometimes, they are at other towns. One cruiser is getting 16 miles per gallon, the other is getting 12 miles per gallon. At the request of Diane Colby, the Selectmen agreed to change the Secretary' s hours from 8:00 �-_4400 to 7: 30 - 3: 30. The meeting was adjourned at 9: 50 pm. Re e tfu e ,'Di men s Secretary -5..4 'r 'r' T� 5 5G t k'',� �,o ,,, -y z l.` x,�4 ,FhL'< ,t `�� Ott^�+5 � ' .. iM. Rzv, .r' ..t iQ�tK •,` x t'•'1 �` ,"il tca"�Fy tc Y r v,«ja'Sc ,�+ x i z r -° �' t }}',.may` ws +. s l"` .4 y," i3'f#k%4'1 .r'" �k ^e".Lr .Ea NIkX '�" -fi ,WK. s4rE w y I ly t' �Y v mot, 4i is-,.E .e. ,x .'�.a '-t x . >,• s z ;,Pv r 'x},y/{� a yavys,�*w '';C r 't � f ,* c r c y &k -� y _r a✓ .-s + �: �+ F` ,,� r t vF 9j }� t 4 ,`+- G•1 �� r S ���"tr s�4 �r'l �.1 kii�� � '�� '' 1 -,z '^,r �� a �,.�r yn t•. '� W,Ai .�TWO Mia } .r�✓��,..' iIStE 131ISE {R 3 �Cis� g t a s s ? y cANS a ^ WAS A 5 t o >� October 6,, =1978 ,- � e � ,Is�t�nc _',I���Tc.tart Coorc�ntor a C T Xd^.inStration a� rt C lE5S"4'C�.,tStL�' tr�At WAY a Lawrer�ce,.��g�ssaehus�etts 'OT8�'0 �-` yz QQ­ } t 5 e a that the rye b�ry £oar d of OSMec"then ��as sY.�brt a �rcosal to veu =or : �.eat ,:'��fe:t,�, r MOW!Wsr * rcv.ererit Pro r a T e Pb ect c� Ire s �rc�c= is tca rcv de C Mbkkers "-or._the hZcheatt' ce trent, ;which is.`:c,WAnQ IS cord nat on`'` ' _' 4.` the Assach�,:sett s L�etr-ert cf Dubuc t crk s tc r se the t:e�el ,cf Clc Pcs nt Pcac. 2m :t ur:=et_ Ecu� arc1< , nd A&S. Aads a-fe h b:j ct.ytc seiTere is 2 f�cod;ra �rc cozstzm rstar::s rzrr�ertlyh rxe fcr sore t��a T;hop `E at. <. e Ie Cbus s ceYat� *' Ic et1b�. y:'s rn cs I - �� : Poly- Ky- TWO zncexelv-your CMon Y Y ITS 1! L 1I. L. S Mori ta11', f ' hIt Ser=atcr, Fzzs� Easex ;�- aria iliedle�ex4Lis trict- TVT F. k'f.` 3 T .4 D. a �'�. A-ewov L�-`Gr It Q� Sele Ct.'iiC� a u� i nk a s 9 xe,r > : `+� r - j Y 1 r :.� Y •'J } f I'V �l.' `�'K I"' - Cy -\ c f.i v ,r ✓ �'v+f+ 1 k n - t $' N r r ._ N ' iicKAELJ. 14ARRINGTON Ent LTmaGT.MASs+CAISETT$ 'O - -- -- arras:arms Post owes EkM-= commmTok ON CONGRESS OF THE UNITED,STATES. spa.14A- NTERNATIONAL RELATIONS .. (617)745-SWO HOUSE.OF REPRESENTATIVES - PocTOrfir-eras= .COMMITTEE ON - - LlrN.MSAasACMML GOVERNMENT OPERATIONS - ' WASHINGTON, D.C. . 20515 - (617)stenos Septer«ber 26, r c James A. LoWe "=-- - - Boarc of Sa ec`ems Newbury Tour_:. F __ "U% C. - Deer J lm: Please .,be zd�, - `r-t = aim ir: full suppert oi' your effcr -tc secure C.E: A- - - -g rider Title VI .for the upgrading o� Old :Feint koa� - c -ce Bou1e=:and 'on Plu a is-Land. As you know, ,, c_sap-o ntea that H.L .D. .chose not, to ^Ln4+ this pro-jest u _� its c7Tll' Cities ties program this year— ' I t woul� be even more a-f^r `..ate , - the to n were unable to raise ' the funds 'needed t - _- ar a- -ago of the Mass. D.P-W- S CO=:recent. of $225 , 00" be-_r- - at . comr-:it_7.ent expires. Therefore, 1. �- S_ t^at i`e4.burv. h`as chosen anralter? 3t=pie route thrbLgh C. - - to' gain this assistance. . It Present a wort'icchi l e e r_ t�- for a _C .E.T.A. project as . well as a prcdL -_ve r -� �- fcr. the. town. Please keep `e -- -` '�=u o the Nrogress cf your applicaLior_ and he cf any ur t-_z_�er.. ass istance. let. r krotr r ;. '.Yours sincerel M1ch.=e1 tea---- nSJt-i�'� r y s_ t -,k f v r..: q,,.�-+cam 77% `` � . =a 41. d y YJ_ aH SC`N4 __DLT_JeA1 SPUD YAf10N C_OMTRACTOR BYFYEIA, 1 A5S.. 114 - _ TclCome 462.6433 February 17, 1978 Board of.`Sele�tmen .. ?own BaIY.:. - I�a�bury, mass.; Og95Q Res:.Old Point Road and Sunset Drive, Plush Island _ V entlemen: _ I..am.writing in:.the hope that some fast and effective action be taken ' . to correct the.extremely bad condition of. these.tvo, roads. They have always been-bad,;but. are now deteriorating faster than ever. The surfaces are.in';horrendous shape, and the diligent actions`of our Highway. Surveyor - In::.te s of patches —e to no avail. As fast as he patches, the water - over yth�e� read s~�shes floe patches array, or'errodes the patches so that they bTea�`L up. _ _ r r There are many days, uhm+the water is- over the road in these two - -areas._As=a. result, ebildrea are forced to walk from the Plum Island .-to the extrem- ties of Old Point .Road and Sunset Drive. I have had buseswith brake faU es because of .the salt.water, when they have attempted_to__Pass_.owe r these roads. _ Newbury school basses have a potential ten trips a day through these areas, .and I-.belie-7e that both above-mentioned roads are un-fit for the safe d ezpeditious tr =sportation of school children. Sincerely, , John .P.. Salter TOWN OF NEWBURY Office of a ' C SELECTMEN AND BOARD OF HEALTH ,�,,.. ► ^ NEWBURY. MASS.01950 .� � wAMan mvu � .. mqTEa 6 , September. 20, 1978 John J Carroll Commissioner Department bf Fublic Works Office of the Commissioner 100-. Nashua Street Boston, Massachusetts 02114 Dear .Commissioner_ ` For the second tl ear in. a rcw,, Four Board has engaged the servic of Dave Scott Inccr-oorated to draft. a proposal for Community Devel- opment funds in an effort to securer:our matching portion to raise Dld. Point Road aid Sur et Boulevard on Plum Island. . As you will recall, the State weed, to fund $225,000 of the- $300,000 needed to complete the roject and undertake the engineering costs , (see enclosed letter., Although we: ranked llth of 58 communities applying for Comnuni Development funds -in '1978, we were not successful in obtaining funding. . As. an alterrative, we propose the following course of .action which has received initial support from the offices of Congressman aarrington, ;C.E.T.A. , and Senator Saltonstall. . { Mrs. B. Ann Whittaker, our represeritative�' from` the Department :)f` Community Affairs, has informed us after talking to 1 r, Eichards( :)f your office, that. in kind services can in many instances take the place of an outright money match. If yourwill --roe to release the $225,000 and undertake the engineering costs , we . will seek the matching $75,000 in the form )f manpower from -the C.E.T.A. program, Title VI. The word: crotild be undertaken by our Highway Department on a `_orced account and we would let contracts for the necessary material In essence we feel it is fair to say that because the $75,000 khich we must 'raise as ,our matching portion of the project represent i1he labor element, we would be accomplishing the same through utili- sation 'of -the.":C.E.- .A. Title VI prograzt. . a Commissioner .Carrai2`: Page two _ *` t Septenber:. 20,, 19'7M 4'hile this ;3s,�only, meant.., as -a,broad 'outline, 'we would �be happy to meet with your office to .work out a more-,detailed proposal. .We have included letters from State and Federal officials in` support, of -this project which illustrate .the continuous health .and safety. problems associated with .-the flood'ing 'of these roads. Your immediate attention would be greatly appreciated as we must-'submit our full application for C.E.T.A.. assistance under .Titl DTI by F*iday, ,September 2911, 1978, Cordi 1 y yours , Jame Lowe, Chairman k ,New Board:of Selectmen TWde c Enclosures j . i 1 r J '• ^' PROGRAM CATEGORY 1 Secondary PAGE 28 Rural T•IERRIMACK VALLEY > IT1PLIrP2ENTING :AGrT1CY Mass. Dept. of Public Works TRANSPORTATION IT•2PROVEt. Z T PROGRAM PRIORIT ESTIMATED r ROJECT ACILITY CITY TYPE DESCRIPTIOr1 AND STATUS FUNDING COST .IN THOUSANDS JUIIIIER OR _' OR OF OF PROJECT SOURCE FY 79 ROUTE . TOWN PROJECT _ REG. ST. TOTAL ANN ' L FY $0_ COSTS ELE1d.'T FY i3 Bridge Route 1A bridge over the Recon�tructi n BMRR ederal 262.5 262.5 Route lAState .2j 112.5 RSE O1 Rowley Rowley ; Bridge �� Status::: Preliminary Study I II R 01 cal 0 0 R-11-1 Total 375 375 i Const. . Realignment and reconstruction Federal 210 „ of Lafayette Road under the State RSE 03 Lafayette econstructio BMRR (St. 137-160 90 90 (9/7/76 ` Road Salisbury letter from Selectmen) .,i . I NA Local 0 t - " Status. Pro o 300' 300 ' Proposal ctivity Const Grade alterations on Old V . constructio Point Road .and Sunset` Boule- Federal 2 0 21 210 fiSE 04„ Plum reliminary ward, Plum Island. . (6/77 State 90 g op ' Island Newbury ngineering` letter from Selectmen) :` I' NA Local 0 0 0 . Status: Proposal 300 30 300 Activit P.E. Cons •._. f Federal 17 S tatc ._..�..,...... x Local17 Total ,. _ x Jill ep U A..VIIALCER Committel ESSEX DIST.; Natural Rest and Agricc STATE HOUSE aM/RO Ix ` February 2T 1978. TEL 7n-i Mr. ``Robert CunningYiam Director, _ . Civil Defense Agency t 4 .. Framingham, pLh Deaar Nir: �unni L2*..1' I wish to record myself highly in favor of, granting. funds to the cr*-n of;.Newbury::.forr„the raising of Old 'Point Road and- Sunset- B?vd'. on Plum island. I lived on Plum Island year -round for .5 years and. I am cognizant of the serious flooding problem these two roads experience. I hope you will be able to give -favorable consideration to their request for funds. , If you have any' c�uestions, please feel, free to call me. . HE A. WALKERState Representative ` HAW:plq L- CO y _.,.t•3 N ,.; ` G):'4.1 } 1�♦ <,_ r 'i-`1 43 U '(1 •C' l' -�.1'I ��, _I I,..Yi I - - .. - J j� t i< .ill o.. �1 ., F•'1•/} ;) u) lr l,1 ` I)• O 1' -..f•� .,r.., If1 1 `� ILI � .. _ (1 ii.,:}1 tl� 1 }1 1 •'...'V r� - ._ !�1 i,�ILJ )I )1 1'i. 11 •Ii (II .. ul ul �I)r SI I4 0 1.1 tllr) .1.4 wr' �.�1� 'r�^ter - �} i• 41 1 ' 14l I_L' 1.•� N )l , U r 'I:+ (.� r♦ �{ ul •r 1 (;) I•+ 111 (1 f) . . 1(I I1 11 �y1• Ul i ..•a .`�� '� IJ ��; )=• � �I . 1 1 { 1 I7 Iq Al i I 11' V . • t 11 a. 4• id x `,.. �' r1•' ...1) 1) �'•1 - •� ,. i•3 ,�, 1. 1.11 �'I IO }1 z �L.) 1.) ,� � 1":::I t u (' (ll• Sul ��•1 u! '1 l l ��; QI (Ii 111 '1'I UI I r I � 'i•i l N .� `' i .''1 1 TI 11 . . s � �, t ) ;'�.; a1 I�� /'7 n, i lu 1) ,i� u } ►t c � � `} 111 � I•I11. ,ll� jl, 1 II '1I ( / r+ l ii^ .y � � l •4 ' ' a •� 11 I '1 1 1 tl Ili l) � I I � 1 � i, i `4j u) lj SJ •1�.UJ 111 111 i!i.r,It ♦ t t.*r it I it - i' ;Q.r,l 111 }! , �O, t3 -1•( l l ul l J 1•I , 1 , .U ••. 't i � 1 lIl) �.'S t ) •>' a -. 1l1 I:J (l� •) ) '�' .l� Il) •{ , - I , i L) Ill. .'1•� �}}� j: 4 ¢ _ V'­ b f ,,{ t. a bEPARTMENT OF THE ARMY r NEW ENGLA�lD OiVISION,'C.ORPS OF SVI d�I 24.4 TRAPELO ROAD ;r .:, WALTHAM. MASSACHUSETTS 02154 REPLY TO T ATTENTTON NED PL.-P d. 24 February 1978 FI Y Y ,:Mr.".James A, Lowe, Chairman Newbury,Bcard .of.:Selectmen :Town;Hall x `Newbury; 3.L G1.95p } _ y r 'Dear Mr: Lie. This wW report our findings resulting .from r'reconnais5sance scope 'investigatior-a.of..the.flooding and erosion problems along Old Point Road 'and Sunset_Boulevard on:Plum Island in Newbury`. In response. to your 20 Jamuary' i978 Letter requesting Federal assistance, engi- neers of my-staff.met with you and other local and state officials .on 20 February to inspect the:prcrg erii area and assess the amount. of damages. snstained.: Inspection of the area revealed that the tidal intrusion of these .road- ways'locab-ad cn the .westerly side of Plum Island, was not'causing any, appreciable erosion, However," because these .roadways are lb_ sated .adjacent to the tidal'marsh and are at approkirnately the same ,;.. elevation as Vie' marsh, it was reported .that they become inundated with. one to two feet.of water during every storm tide.and during the re;cent.bLzzard'the `roadways were flooded-'up to four .feet deep.." .-It' was fur ther 're ported. that 300 hom�a (mostly.summer cottages) were flooded in this area on 6-7 February 1978 Although these residents are eligible to purchase°Federally subsidized flood insurance it could not be ascertained how many hack �pnrchased`this.coverage, prior to.:the stor7n.. Under,aut^.c:ity contained in Section 14 of the 1946 Flood Control' Act, 'as a mended,`the.Corps of Engineers can construct economi sally justified shoreline erosion protection projects that protect : public worl-'s facilities and public buildings, such as churches and Schools. Ham.-ewer; because the roadways on Plum Island are not --urrently endangered by erosion we,cannot.,_provide Corps assist- ?nce under 4�s authority DLUTION < 6 J F F A i.. fl.'^sTY•M r�1 'fTi A'T +�'_. •Tw,..y.�..ww.Tll..w � ..'- -' R _ r r . Z S - ABecause"'of e'htgh cost involved with:'providing a flood protection `dike and interior,drainage 'pumping facilities to protect the 300 wood frame homes that:are subject to flooding,: the;non-s truetural method..of reducing flood losses. toi private. properties,,namely`pur chase::of flood`insurance . is_reconiunended. I�ocai.owners should .' be made aware of the availibility of this type of insurance,`. L, The? (porps of,Engineers,does not have.-any, programs to provide,_',-',I. 'grants or fds'for cost.eharing,nor any:other auth'ority:to.pa=tic� ipate in the ccritruction of flood control works which lack dco- omic jnsication. _ Although the.Corps 1 cannot provide,funds ,ta the '.Town;of Newbury fog ;raiBazg the le�e1 of Old ,Point Road and Sunset-Boulevard;- I hope thi `report.will assist you in obtaining funding from other sources to pry vide these improvements on .Plum Island t a Sincerel ours ' Y OHN P, CHANDLER lonel,, Corps of Engineers , , cc ivision Engineer `heir.Joseph CenForino Congressman Harrington's Office. -Salem:Post Office Building Salem,.,MA :.:GZ97 ; `' r t F 4 ti_ t sn♦ y 1 _ : t FJ F S ti 4 S a S • - L. i _.h f 2• y t kcbh TorDFI:rCTOk'PSCDA Pe DI i.-C 04 AaEA t - F .rt 11,11 t450.,FE90: 19-7 Ea l Arr..E'i1bEU A.•MEEri t CAL4ED Bf THE VEWBili's"�l SELEctME+l AT,..1JE:3!J::Y. .; low-3::i;ALL FEBRJAHY:'20. ' THE PURPOSE. OF"; i'i{I S 1EE WAS'.TO DSSCJSS` 6Afs. ASD..:1EP-1J -0F _.LNS+Jt3I �G.;ACCESS _TO '.r�:U'� tSLAit3; Dfiii��i?'i ' 5?'t�:MY 3eEATi?�'s�- A ;"tO�Sa�' OF' .TF€E' ISLaP.1�.p .A:�iD Iti0. 2i�;..D Tii . ;If �'FC.`MW3 LI TH ME MAINLLA:3D FOLLQL--zt I±:IEFIVG. 13f ttEWB::s . 53Y'E;iI�YE�$DE .T'�:QF SlttEEo JOHI:.�c.AJF:tiS`A`i1f' FCWV :PLAV ..I S TO ;P1AM5E- APPAO::=�•fl i`.Ee,f•-23CL:. c ` 0 -__SUNSET_I3F-.IVE -iWD Q?,D::PGI:JT D7AD TO ,A -HEtcin EIc..&I'aV Imc! t: ' - A30M LIS PftESE�is'. LF.iT' .`-5iJ1�Ei. DRIVE LEADS--'[0 ;`I:IE VILMIF8;'SC.IiC.T€]ARt ,AID IS `A NERVILY ­MAV4LED rt0='�L4a' l=Ai�TICiJL4t: Y.. -; Wi.I+dG` -Tiny °SiJ !iEH =1:a:T::So :•AYPY.OXIMATELY' 200 K{?::ES• A E del Tri;:r_ -AP P A" -AIiE CUY OFi•...P.F,E` T.. -Eil rz:I amp : DA.'SP-CE '.1'0 Aw :iOiISE!i 0_j::,.' i'AESE-ROADS DU41IS :ME .P,-CEIT STOEM WAS CLEAWi Y : VI SF Di. P_.4fY i'.I� �;E D Fc'3iT' SO=iE l r'-T�t E2�-IS EVICT-717- ACC0HD1 4G::'i•O : S�Ei,f :d. �.O E ; :. 1iiE .STAZ'E..IfAS``. ASS:,{: D..: 1i THAT -S225s 000 ..t�OUWY, CE .AV AILA.3LE fiJ HI?d._:?0_'ASSIST Y'd . s.�Ct� �JC'f.IN6 THE k0P3N t11-iJo LUE ]DID-.-`MOT:_ IDE�I'FI r rK ...s� �:: OTHE:: rl���� :r ATE. tb:�, E.rsa$t�:lLIED .COS:€ ;()F_ (; ,'ducTI0�1 IS $300 000 AVD Tiir. . E'O^Al L. OF 'SELEC13E.W AAE- CONFIDE-VT .rHA`r_�_S75s000 GILL: BE. FORTHCO:�t,1TC� f ei0.4 7' COY u-4.1TY:UEVELOPZ-1 F i75. _.: FitOH A. CIVIL- UEFE:dSE: VIEVPOI1-T• COVIINUING' eERIODS OF ISOLATIOU POaE sEfadu-% kcq�.Irf P�ID'.S�.fFve Pi-LOELEMS TO riESILE`jrS In THE.zAFFECTED AIt,EAba- \i0.'.PC1'1C?.� D� Tv r icEilJEjT.�1 Or-riEci TiP»lI VISIfI:JG_. t'HE R....,El'.A�:3:.p. ` .Si1PPt71I'TYVG .1'EIEYH :Ct7TE�fftYt? TEIR1 A .DtLVGEl30US'; SLfJl�FEOIF,'F:XIS'i:.=e_ ' '-'. . t?t:ESE'`JT A'r TILE P:EErtna: ; J�`�'1ES LO_(;E& C:IPJr" AWp BJP:KD OF 'SELEC-UIEN; RICHARD '1HO.il15 t��'�U}i8;;� SEjECF;.�"o .- '.Ha?.`1i31`, (;�1C , f'��'r.EE"oTI�FIVF.e 23Ti� E53E:4 ..DIS:lNiGa ,' .' _. t�Ii,4aIA`A =S�`s.,i'OVSIs.�.1.s Sr�rE SE�1A1'4i, ';� JOSEPR, CE1T0ftIN9v P.M r0 C©�`GUESS:A O ft� fjftt�.JG1t3�.- ' 1��'T++Iw,- rP`- $°.7A$9iI2 COt7?se C3'_ i�:�\�+i'-Ts ptir,zes.: FZ:it l'..�3I HAP J()'rlli Sit'4�1 ►is SsdPE�:maE`;aE�$1 'OF 511i�'�T:i G ,� �r , 4111AVA.`I fie LIXEr�a .',:.�. M , �..�'T/fir* T ' � xN _ < �.• tr. J! S 1 !S i h t f r$ f diAEL3.HARRINGTONI fi DlT'iIIfCf M%3XACR0SiITS y + ' : s - ' •C ; ,(Zm 22s� - 0 F6 �►MO�R�noxs C:{MGRFSS OF THE UNITED STATE I SALEM.MASSACMWETrS 01eoo y '✓ HOUSE Or REPRESENTATIVES (s»)74sssao .COMMITTEE ON- - P .OsFi '' WX1U4ME Tr OPERATIONS :,WASHINGTON, D.C. :20515 L rs 9m.ax� m-< ---- ErTs o19a1 ,�` Salem°Post Office Building _ Salmon, MA 01970 January 16, 1978 Newby Board of SPIn Newlsy, N,A 01950 Dear,Board mMbers: As a staff assistant to Congressman, Michael Harrington, I wish to advise y� that I will.be-workiT -,�ith you too,resolve'the flooding problems you are. faced with o 'Old'Poilit Pond'and Sunset Boulevard. Ding the past week,, I true spant, cons �erable time 'on this issue. I have bin in touch with tine - e rnt of Public Works,. the,Departrient of Interior Fish & Wildlife ,.L De'j tment'of Transpo tien;' 1�r 0r mental Protection `: Agency, Ar y Corps cf fneexs, el and yo= fellow Sect en J&mes I,c1we and Palo: NTy ptnq� in tti--.e'coII m nications' has been to ,familinri myself with the'ccnda 'at.Plum Islandarr} 'to explore every possible means of solving wtha--_—.-�—t be rconsidered a potentially disastrous situation_. Iast week I -was br; k by g ty'fides of Dave Scott Associates on this year t0=1 ty d--,e� �t"application. I concurred' in. his judgment that NIe wbu my.1.s .chance_ .s of __icing:.con MMity devel�nt.'�ends.would be_enhanced by iz� -�l a:state t:(xzt.�.i ng the'-state• DPW's ccmr_Lnent to fund'three quarters of the Wit`of Upgrading the.roads. ' I will also assist him. in gat�ing,,d tation for the application from "stage and federal agencies expl a minuig the 2 my of this project. :: 7 ii_s will be done more extensively than was 'done::for l.ast`,yer.s.application and'should be another factor., in y 1 s favor Since it will taise,se�-al months for the entir&application to be process,' I will continue to.se=�* for alternative funding sources at the federal level. Please be assured t1ia` tinCongressman is sensitive to the magnitude of I �r.; - problei: and will-do w�- is possible to mite a,workable solution. I look forward to r,---, rrg:with you in the near future. Please feel free to contacfi ne if you h--v-- =7 questions' ideas or suggestions. Yours sincerely, -�os�pl ceztori_no Assistant ar t ,a, ti s T ^► t�I�.COl trtG`.NL'r E�L fr CIF- �vftiJS�iCs,UJE-T r tr ` f EXECUTIVC- -t7EPARtLiEi4T -. : - � LZ _ s ` VERNOR_ • r •• • si May 5,4_ 77 Mr James 'A - _ Lowe�. ;.; Cha. rrman,"-;Board of 'Selectmen . - L7e_ ^ry.. 01950. 1 y Lowe' �t has come to iny:'at mac, -i.ha, t I. �--y ,is" submitting apie=_- prlicatiGh:`tc� f" Y s--"' z -Tc*�'G bf HOIISlAgq and'. i7rban .D =elo SI Cities,Program.. "2'46_ir�,f br,co^pc�;ets:c .�ty� --e=applicatia:t asp a`.-rvv� if�14 i i ti prr. ;" aired at.°ungrading;_the'Aicusing ;8ttac1; - "Vo= c ?nity an3 road ` ove«bait grea�a pz 'Island =r r C3 ='_'3lf of COjj_'i!IlnZ!' PS bf~tom blizzard 6f .Februa ,Try 8;'_ h� Cc�- -n �iLh L=_ ssacht:setts pr`pzr�; _r - Abe r�- -. IIapa<� nt of Aeusing:. end =.Uran=L�zveioN ,,, t 'inµ a-z. i-ing p^aZi T flc^ -proofing prograi;i aime - d 2 `r^,zi ig��in� ti.n pcten.tia_' d�4--ge,,of future •floods 'i8 ear to`_tic�' IIisaster Reca:ery.Team'.that.these .tbree.programs _ ^rif ct ig cC- leTQ�t Each other, ,an c 'that combir. d or L - <zrj= could both :increase t e .vc2•tie cf `t-c -e�=;stinc hots=og stow and further t die trei? bei� �: _r?. =�.eIfare of.'T=-wn :residents We.,heart IY ,etidorSe-.Four S�a'lI Cities Program pre`-apglicat=oii-.and 2re '�o�i: g totard": :to r-arking with -our cc mmunjt�* : t Sincerely; '- Richar zs -� -. d.:.K �. Dom�� .. CtiTLmT?ni.t pler.ti _ I?isa..-ter :F'�yotr J. .3ec \ t r t .1 t �+-ewe•--__c•--rr-k �-.--a..�...._.-....—.__..—_.._— ._ _M t.�`. t s .. 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'�'. , , ,,! , , " :,:" 1 4, �'6'�'��'� ' ,!,. I I . , ".�:`�6 4j�,'��- I t � , -�I . , �':;""'_ I .1� . � ,�.1,,� � ��, .�; - - �,-6�� 6 1 k . .I . 6 L ',.1 . . . I � ti ,.A/---'�.52•t�..`.•,3'�.r♦ t' i� Ci c ti�.� , VGNS �ai' r-'_ .7!�Q1W > rrzu fit,.srtac^-rff G: �s c. a'T�C•L 4 ''t.1 SE-U G Qr.Tf.E3.Ci i OTJ Y fi q •gust 'l3, I ?3 o rar d` `Seleci -- MA, 01950 a 7 )ea.r"i_r. `Lowe phis pis to infor�'you th,at HUDf has_-declined approval of .your .1 ��pi cat�vn cr 3 a ,,.Linder :'the. Sm4;I - Citi-e.s.Prograri, : T, fc.r7i7IiZ�!S Zt �'?T G`��_�- i �s .QFi' _ 0 t.II1i. �: LC'.' tYI72Ci2 SeIC fUri.3IZ� sndorsed' by fir3 the dev�s_en rarticuljrly rcgrecta;-le beca�ise the `fune�� cu?d,have.given the ';Town 'of-llc-,*burY ar ,oFport�:nit�r .to reatc:� :the` '' ytate'._.s -.offer of t225.000'for :the uParadincg; of Old Point Road and,` �r_set Boulevard. _ J_nf ►Ft.a�.: iE� I`t L cis Of', '�^:�i*~�3., rr n--c r c� ,-;_ V '..` I.z ='.- z c s p:_,Fo.,� a� �i E- �_J 1 such '�s y. I!1_s '..,at..Surpi .�iyr� =csC T-_''''S i Z'C_ thin'''Di s'=i: ct:. did' ea t' ��u�3�.-.1-,-c I on tS c0-`'pr�hE'n` ;�� r�; i S-ZOnS- 1t. TE'.^ �r :i:`t *G2 :.C�f .tl 's17r cFFIi. Cne'..c.L the rrLi- - c1IlL'�C ai.ion., rc he �JI Si=-LCf":ts�5.. fLI3QCdr, and ei ve 1^ 1--hat -aopl1Ca icn :�','as not :uZ? � funden _ 1 t this pint, �' sae rct =Een �r_�T resors fc- ai ru_c_ 10 r, C, iTer� � CT1 .�.�^� =__ �c �f_'CC?t'ln� fOr2i_'� IiC�� iCd��A:1 i7=C; FT."TT rtt?y, and sc e- f dba-c . o 'cur application rna�- be available t that'. t tin Y i t c ves; p T ' =Fr�.?C ''.i(�^ 7 _ u inti e_ i yl L—2 0 N t:luc .� _ . {`� 'r CC �ni. (ar- i c `.rf2-ic�i t I r c l 0 ;a;eburl. clay 'hc s�.:_ _`-tin3 to st-�te or ' federal- a.g`ncies. E=^C CJP_� 2T2 '. tC f�i c��tr 2 �_' for 'C_S_ ].� ca"Cc� 1T; f F s'' r=t`'tsr . . ors sinccrel J .1 - F,' k .':k TOXIN OF NBURY f POLICE DEPARTMENT 7 25 N16H ROAD NOMRY, MASS. 01950 P:'QIRRAN: o y. a &ptembeZ 26, 1978 1oI�. - ` it,.,#fiiLW YV�-,y� f -� tlfy,L :.� i eifiil�i/ii�- Oo9rAs a< l�od E91 '; t�t2 ?« _.. eta, ftflaty &,a DwIr®it lbil 9=3v t ld Point Rda .and mat,Drive vbicb ,,. to : at anla I6E 3 t z&3 � �iE off. by t ! h t1a, the Wzy g t -they =,ad r=21vo to by t tf 4 cvVp =t my, effort taltizai thibealroafte 2t. is 'a VaZy t o -is ._ � tbat lay ��:` tb0 cmtIc cyat .i7bt h arm floods.WAS h, a- r tidvc Any hotp va- C* c. b.10 . r l fry:` Ong `.:to 3 1ato. tha f1 L1 : 'as t.b 9 :_wild • .taly b in tho be t interest of John 1 w Ct2a.&"��qt:.laa Chief of pol c . 1-0 f • f f $ 1 26 SELECTMEN' S MEETING September 22, 1978 On September 22 , 1978 at 10:00 am in the Conference Room in the Town Hall , 25 High Road, the Board of Selectmen met with Heidi Marston of the Merrimack Valley Planning Commission, Joseph Centerino from Congressman Harrington' s office, and B. Ann Whitteker, the Town' s representative from the Department of Community Affairs, met to discuss the possibility of using C. E. T. A. funds to heighten Old PoiAt Road and Sunset Boulevard on Plum Island. The group unanimously decided to apply to C. E. T. A. for the funding of this project. Ms. Whitteker offered assistance in writing up this proposal as she has had experience in this area. The Selectmen gratefully accepted her offer. The meeting adjourned at approximately 10: 30 am.. . Respectfully submitted, Diane E. Colbe'creary Selectmen' s S J SELECTMEN' S MEETING September 26, 1978 The Selectmen' s meeting of September 26, 1978 was called to order by Chairman James A. Lowe with Selectmen Palumbo and Knight present. The Secretary read the minutes of the previous meeting as far as they were completed with the remaining portion to be approved at the next meeting. The portion of the minutes read were accepted. A group from P.I.T.A,.. hall came in and wanted to know if anything was going to be done about the drainage problem th the center of Plum Island. John Traver, Highway Sur- veyor, said that the Army Corps of Engineers are going to design the catch basins so that the drainage will be taken care of properly. John Travers said that the Plum Island catch basins were the last to be considered for F.D.A.A. It was June before the Corps of Army Engineers came down,,- and approved the drainage, and now we have. to wait to have the money before we can start the job. We expect to receive the money shortly. Mr. Brown, the President of Plum Island Taxpayers Association said that behind the Beachcomber, there is a pile of garbage and he is afraid that it will attract rats. The Selectmen said that they will have John Curran look into it. Also, Mr. Brown said that the Beachcomber has a lighted flashing sign that blocks the sidewalk. Selectman Knight said that flashing signs are illeagle in Newbury. Robert Sawyer of Haverhill said that his cottage hasn' t had pr__pblems with breakins until about six years ago, and since then they breakin every spring and fall , and he wants to know if something can be done about it. John Curran said that things are a lot better on the beach than they have been in the past. We- do everything possible; he sug- gested that he go down to the Police Department learn about the Crime Watch Program, and Neighbor watching Neighbor. John Curran said that the department is at its maximum with 4 or 5 full-time officers and two cruisers. There has been less crime down there because they don' t know where we will be coming from. Mr. Brown extended an invitation to Chief Curran to come down to one of P.I.T.A.',s meetings to talk about Crime Watch. John told him he would be there any time he wanted him. The legal notice for bids to repair Thurlow' s Bridge was read by Chairman Lowe. Selectman Knight read the bid from Sutten Corporation with the bid amount of $14,750. Selectman Palumbo read the bid from Middlesex Riggers and Contractors with the bid amount of $38,750. Chairman Lowe said that we will be receiving approximately $14,000 from F.D.A.A. to repair the bridge. Mrs. Massey said that Mr. Orfant from the State Historic Society must review it before any work is done on it. Chairman Lowe said that the bridge was completely rebuilt in 1876, all the blocks were put in then. In the 1930' s it was rebuilt again with WPA moneys. John Travers suggested that some safety measure be brought about and that if something is not immediately done about the bridge to make it safer, then he requested that it be closed because it is very dangerous and will be more so this winter because it is on a curve. Selectman Palumbo said that it has always been the Board' s intent to keep it historical. John Travers said that the state wanted to close it , but when they found out we had funds coming, they let it go. Selectman Palumbo moved that the Board take the matter under advisement and send letters to both bidders telling them that we would like to look into . another design. The vote of the Board was unanimous. A letter will also go to the Massachusetts DPW notifying them of what we are doing and why. Mrs. Massey is sending a form on Thurlow' s Bridge to the Massachusetts Historical 2('11 0 SELECTMEN'S MEETING September 26, 1978 Society which must be sent in before any funding is ap- proved. The Selectmen asked her to send it in as soon as possible. Because of the nature of the next issue , Chairman Lowe moved that it be brought up in executive session; Selectman Knight didn' t think that it was necessary, and there was no second to the motion. The Helm property, which is presently con- demned by, the Board of Health is being lived in by Donald W. Marr and his family. Mr. Marr said that he has done a lot of work on the place. The Board of Health said that until he gets all his permits that he cannot live in there and he must get out of the building immediately. John Curran told the Selectmen that Mr. Marr is living there with 4 children and his wife , and it will not be easy, to get out of there for a few days. Someone reported that the cottage on 16th street that was boarded by the Town had an open cellar and thinks it should be checked out. There is a school bus parked on the sidewalk across from Clyde Smith' s. house during school hours , and it blocks the drivers view. John Salter will be notified. Helen Look is living in a traier with no running water, the roof is burned, her husband in in a rest home and not Very well. Selectman Palumbo said we can board it up and hold it as a lien against the property. Chairman Lowe said Thursday morning the Board visited Larry Rogers' kennels and was met by the County Dog Officer. We inspected Rogers' and Hart' s dogs. The County Dog Officer wrote a letter to the Selectmen of his findings. Chairman Lowe read the letter which will be included in the permanent records of the Selectmen' s meetings, and will also be used as part of the consideration. Richard Cunningham said that the reason the County Dog Officer was there was because Mr. Ivone called to tell him that the present Dog Officer should be removed. He also asked the Selectmen to make a decision one way or the other on the Rogers' hearing. The Selectmen said they will make a decision shortly. The Selectmen signed a sewage disposal permit for Philip Ross on Moulton Street. Selectman Palumbo mentioned that we have received approval of a School Zone for the Elementary School on Hanover Street. He has notified the School Superintendent , Principal and school committee. The School Zone will be going out to bid shortly. Joseph Stone complimented the renovations of the Town Hall but requested that the picture of the President be put back up on the wall. Chairman Lowe assured him that it was just never put back up after the walls were painted and that it would be put it back up. A license was signed by the Selectmen to have an auction at the Baily property. r Ralph Lowell , the Town Clerk, showed the Selectmen a questionaire from the state on polling places. He suggested that we get an answer back to them. Someone spoke of the lights on the Town Hall. They were put there to light up the parking lot. They don' t do that, and they bother the neighbors. After some discussion, Selectman Knight made the motion that the Electric, Company install one flood light by Town Hall , pole #11 , at the entrance of the parking lot. The vote of the Board was unanimous. The old lights will be returned to the Fire Department:. 269 SELECTMEN'S MEETING September 26, 1978 Ralph Lowell mentioned to the Selectmen that the light on the front porch in inadequate, the Board unanimously voted to get the light fixed. Selectman Knight recommended that the Board of Health require 1000 gallon sewage tanks rather than the 750 gallon. After a little discussion, the Board voted unanimously to change the minimum from 750 gallons to 1000 gallons, keeping in mind that variations may be sought. Chairman Lowe sugested opening the pert tests from October 1 to the tenth as there have been several requests. Richard Cunningham and Selectman Knight informed Chairman Lowe that the water table is way down. Chairman Lowe said he thought the, opposite and decided it is best to wait. Selectman Palumbo notified the Board that he will be attending the Massachusetts Selectmen' s Association Meeting October 20, 21 and 22 , alone in Hyannis. Selectmen Lowe and Knight agreed that this is something Selectman Palumbo can undertake on behalf of the Town. There will be a Department Head meeting next' Tuesday, October 3, 1978, and Joseph Stone said we should be thinking about Fire and Smoke detectors s for the Town Hall. It would drop the insurance rates, and in a few years , it would pay. for :itself, John Travers said. we have put bids out on Thurlow' s Bridge. If the repairs are held up one or two months, that he strongly suggests closing the road, because if there is an accident there , the Town will be liable. Richard Cunningham again asked the Selectmen to make a decision on the dog hearing. Selectman Knight said he walked up to the gate at Rogers' and the dogs barked for 5 to 10 minutes. When he went over to the Harts, he couldn' t even provoke the dogs to bark. Harts 4 or 5 dogs are running loose. He thinks that dogs that are tied up and in cages bark more than dogs running loose. He also believes that the dogs are capable of disturbing the neighbors. Richard Cunningham said that in the last hearing, the Selectmen told Mr. Rogers to tie up his dogs without even going over to investigate the premises, and he doesn' t think it is right to keep Rogers held up for a decision. The meeting was adjourned at 9:10 pm. Respectfully submitted, Diane E. Colby Selectmen' s Se r tart' 27�, SELECTMEN'S MEETING October 10, 1978 The Selectmen' s meeting of October 10, 1978 was called to order by Chairman James A. Lowe at 7: 35 pm in the Newbury Town Hall with Selectmen Palumbo and Knight present. The minutes were read of the previous meetings and were accepted as ammended. Chairman Lowe - said that because of correspondence received from the Planning Board on the Berco violations and the remarks made by your Board that were published in the Daily News newspaper, I have asked you to come here to clear up any misunderstanding about sub-divisions or control law as a means of compliance. Selectman Palumbo read the memo that the Selectmen sent to the Planning Board, and also the opinion from Town Council Lagoulis in this matter. By a unanimous vote of the Selectmen, all information read will be included in the minutes of this meeting. Richard Johnson, the Chairman of the Planning Board, thanked .the Selectmen for this information, that it wasn' t something they were aware of. After some discussion on the matter, Richard Johnson requested permission on the behalf of the Planning Board to consult Town Council for the correct procedure for this violation. Selectman Palumbo moved that the Planning Board be allowed to consult Town Council in this matter. Selectman Knight said he seconded this motion with -the ex- ception that they use Town Council in moderation. Richard Johnson said they will be very happy to comply. Mr. Johnson said that the newspaper article which criticized the Selectmen did not report all that was discussed at their meeting; that their discussion had to do with educating all town boards about new regulations. Selectman Lowe said that he has been Selectman for many years and keeps himself acquainted with the changes with rules and regulations. Mr. Johnson said he could only speak for himself. When Curtis Walton and Barbara Peabody were asked if they had any com- ment on the statements in the nespaper, they said no. Selectman Palumbo read the letter that he wrote to the Plan- ning Board declining appointment to the Citizens Advisory Committee. A copy of that letter will be included in the minutes, by a unanimous vote of the Board. Mr. Johnson said that everyone who showed any interest in this committee was accepted. Mr. Johnson extended an invitation to all the Selectmen to attend as many of these meetings as possible.. Selectman Palumbo will attend these meetings so that he can report back to the Board of Selectmen of their progress. (Not as a participating member, but as a member to report to the Board of Selectmen.) Three plans were submitted to the Board of Health from Berco, Inc. for Birch Lane lots 4, 7-,and 9. The Selectmen will process these after they have a chance to look them over. Dick Brown from Plum Island Taxpayers Association was in. µ He said that one of the members of PITA is consulting with Mayor Sullivan' s office as I am here this evening to talk with you. He said that PITA has been talking about filing a feasibility of State up-keep and maintenance of the beaches at Plum Island. He asked for the Selectmens' opinion. He also added that the State would take care of the lifeguards. Chairman Lowe said he thinks the State would like to take over all of Plum Island. Selectman Knight said they might run into some private property. Police Chief Curran said that all state beaches come under MetroDoliton District Commission, and if this happens , we would be building a sub- station and be billed for garage maintenance because the closest M D C station in on Lynn Beach and tftien we would also be paying for subways. Selectman Knight suggested he con- tact his legislator to find out more information about this. Mr. Brown thought the state should take some responsibility because most of the people using the beach are out of towners. 27 SELECTMEN' S MEETING October 10, 1978 Selectman Knight said that he is all for it because the people who use and deface have no connections with it. Selectman Palumbo said that he is on the right road , that he agrees that the taxpayers shouldn' t have to pay for the abuse of outsiders and that people who live on the Island take care of their property. The Selectmen told Mr. Brown that they think it is a worthwhile project. Jim Foley and Mickey Villane came to see the Selectmen about a piece of property called the Stables. It is presently a boarding house with six bedrooms,-two bathrooms and a partial kitchen. Mr. Foley said. that his intent is to change it into two apartments with 4 bedrooms, two bathrooms and two kitchens. Mickey said that this way we would have two respectable families living there, making it an asset to the neighborhood. This has been a boardinghouse since 1957. The Zoning By-laws were enacted around 1959, therefore putting it under the grandfather' s clause. Selectman Palumbo said they should go to the Zoning Board of Appeals and ask for a varience, and they will set the limits. Selectman Palumbo told Mr. Foley that this is a case of a change of a non-conforming use. Mr. Foley said how the drainage is better on Plum Island. Selectman Knight read the Board of Health regulations made on January 1 , 1969. Selectman Palumbo told them that they were allowed to seek a Board of Health varience at a hearing. Mickey Villane was talking about violations down Plum Island that no one does anything about. David Caldwell says that he will investigate and inspect as soon as someone puts their complaints in writing, that is the way, Town Council told him to operate. The Selectmen are going to send the Building Inspector a letter requesting an inspection of the property. It was also decided to have a meeting at the "Stables" with the Building Inspector, Police Chief Curran and the Board of Health at at date and time set later this week. John Curran reported to the Selectmen that Donald Marr, who bought the Helm house on Plum Island Boulevard , which was condemed by the Board of Health, has gotten all his permits except about two, from the electrical and plumbing inspectors. We checked out the sign in front of the Beachcomber, and they said they would remove the sign and they cleaned up the garbage between the cottage and. the building. John Curran introduced William McCarthy to the Board. He has passed the state test pertaining to Police Officers Criminal Justice , with his qualifications and background , he asked the Selectmen to consider_ appointing him as a part- time police officer at $3.50 an hour. Chairman Lowe made a motion that he be appointed. The vote of the Board was unanimous. Chief Curran said that Officer Howard and ten men from Newbury- port have qualified with the high powered shot guns. He said we have two men .in school receiving good reports. He will be giving a crime watch program at PITA hall Sunday, October 22 , 1978 at 7:00 pm. The Selectmen are invited for comments. Someone made a complaint of a yard sale being on the sidewalk on Sunday on Northern Boulevard near the Church. Chief Curran said he will ask them to keep it on the property. The Secretary asked the Selectmen about a flu clinic to be funded by the state and administed by the Health Centre nurses. The Selectmen gave approval and said it could be held either in the town hall or the elementary school. Selectman Palumbo said he has had a chance to speak with most of the neighborhood about the Rogers' dog complaint and his opinion based on all the testimony heard, inspections and talking with individuals, he thinks the situation is substantially corrected. He said , based on the evidence, he could not warrant Rogers' dogs to be either excessive in barking or to be a nuisance. On these grounds, he moved that the eharges be dropped. Selectman Knight said that if TOWN OF NEWBURY %4y5AC(/ch Office of THE PLANNING BOARD t u_� NEWBURY, MASS. 01950 •'~,PARKER,RIV ER. �•,4j /y��/• f c0 �'0bR P ATEp M rl G� ('o' LAC �� �v�i1�-•�-�. C 744' CELe�e t V TOWN OF NEWBURY Office of �f��gA�UGp� SELECTMEN AND BOARD OF HEALTH �:°:ti�..•• ; NEWBURY, MASS. 01950 ,•,t R P R ,i'7 AA • ARNCIVCR. \GV TED October 6, 1978 Memorandum to the Newbury Planning Board RE: Enforcement of a covenant Relative to the Birch Lane Subdivision Chairman Johnson and Members: In a memorandum written on October 41 1978 you have unanimously requested our Board to act in accord with Section 6.1 of the Newbury Zoning By-laws to investigate, and if the facts so warrant, to enforce a covenant between the Plkihing Board and Douglas Hyde, and/ or Berco Inc. (attached copy) We have reviewed the terms of the covenant as well as the pro- visions of our local Zoning and Subdivision Control Regulations adopted by the townspeople. We respectfully conclude and reiterate-our position that neither the facts nor the provisions of our laws support your contention that enforcement of the terms of the agreement is within the juris- diction of the Board of Selectmen. However, we direct your attention to Chapter 41 , Section 81Y, (see attached copy) of your Subdivision Control Law which states in part that . . . "the Superior Court shall have jurisdiction in equity, on petition of the Planning_ Board of a town; or of ten taxable inhabitants thereof, . . to enforce the provisions of the Subdiyi- sion Control Law and any iAules and regulations lawfully adopted and conditions on the approval of a plan lawfully imposed thereunder, and ':restrain injunction violations thereof, or make such decrees as justice -and equity may require." The above section of your Subdivision Control Law is self-explan- atory, and appears to comprehensively address the issue of enforce- ment as it pertains to written agreements with subdividers and or developers , entered into by local Planning Boards. However, we have taken the matter one step further and sent a copy of your memorandum, and a copy of both the Zoning and Subdivision Regulations to Town Counsel with an attached written request for a comprehensive ,opinion on the matter. 410w Jam. :. Newbury Planning Board October 6, 1978 Page two We hope we have clarified our position on this issue and trust that with the advice of Town Counsel proper steps will be taken to insure that the interests of the neighborhood and our Town are protected, r Cordia ly durs , r° y�-� rv`-e. James A. Lowe, Chairman Thomas G. Palumbo, Clerk Richard H. Knight de c Enclosures cc: Richard S. Johnson Walter Mills Curtis Walton Judy Kidd R. Barbara Peabody i r +► LAGOULIS & CLARK ATTORNEYS AT LAW 79 STATE STREET • NEWBURYPORT, MASSACHUSETTS 01950 (617) 462-9393 JAMES LAGOULIS GEORGE W. CLARK, JR. October 6, 1978 CHARLES P.GRAHAM Board of Selectmen Town of Newbury Town Hall Newbury, Massachusetts 01950 Re: Enforcement of Subdivision Control Laws 'Opinion #1.5 of 1978 Gentlemen: You have asked this office ,for an opinion regarding the en- forcement of violations of Chapter 41, Section 81 of the General .Laws,. more commonly referred to as "Subdivision Control Law" . My opinion is as follows: Under Chapter Al, Section 81. of the General Laws, . the primary responsibility for all decisions made under the Subdivision Control Law, including the enforcement of covenants, rests with the� Planning Board. Thd. Planning Board may seek advise from other .boards of the town which have an expertise ' with regard .to particular areas in question in the plan (e.g. , the Planning Board may call upon the Building Inspector or the Board of Health to advise them as 'to potential subdivision control problems which requires some expertise in those areas) . How-ever—after receiving. such advise, ultimate decisions regarding the 'plan must be made by the Planning Board. (See Chapter. 41, Section 81Y) . If the Planning Board decides that a particular problem ..requires . litigation to, correct it, then that board should seek approval of the selectmen to employ the services of town counsel for purposes of *the litigation. This practice has been.adhered to by. other town boards as well, and is intended to . allow the selectmen as much control as possible over the legal budget. If the Planning Board requires legal advise prior to Board of Selectmen -2- October 6, 1978' any decision to litigate a problem, they may seek that advise directly from the Town Counsel since the same budgetary considerations do not apply. The issue has been raised as to the Selectmen's responsibility regarding Section 6 .1 of the Newbury Zoning By-Laws. This by-law applies to the enforce- ment of�viola.t on.s�:o_f.,,the--zoning- code-and .is ..not_ related to the Subdivision Control Law. Violations of the Subdivision Control Law are enforceable by the Planning Board under Chapter 41, Section 81Y, and violations of the Zoning By-Law are enforceable by the Selectmen under Section 6. 1 of the Zoning By-Law. If you have any further questions regarding this matter, please advise and I will be happy to respond to them. Very tr ly y urs, WrV i James Lag ulis,. Town Counsel Town of N wbury JL:cm , 4-..-�I.;,.,, ��,i��. ,M� "r,: ..'.,p�'.:. t q�,Z, .,. - � I, 'I ,- :"�,I...............,.i.'.... V.- 4L� --4-,?- b'-,.., . ­I �X ' �­ ­. �- J,�� .­ -,.- - . "). �s, 4., « . .- , j ; `;,.�� �^ ­" j.. ' - a-,.. ,. -pI. I ,"-i�- �,- :'- -. - ..- 4;­ - -­ �I'- �­ I I I._ .1 .- .1.,, , - , S ­ T - , �? - al �_, i �jNl ;l ;k " , 7 rj r 9� ­,�l,-" , 4�,,J_t , , , l P­ R ­ q. -' T" ,v,.; -AAQ , � , ' l � 3� I ,"yam 1 lIki%A _Y Me, f -Y 4 r � � JT 1 ­-, 2 "­ d .i �� - t j 'F. . RZ� 4A �­��, j '-I,1 ,, �.44 I� Y - 5 — 1 V� e , :- , - Ii v . V ti V � Z .� * ; k �4,x i 1"& ;"f i, � _�� P � y i �k ��,'-1 �, , � ­ ( . r 4 A - " S I ,S ,1- , ,zW �3� ­-� 4I i ­ Y �- - � t-.'0:;,�-4 v ,1-4,,�­I& �� �o.­�.c.".,7iI I!.I­ .I � ,,'�-i , A.�,;,.��_-. ,,;,,��k , ,-�., ..�; ' . -�,.-- � ;d w 1 .1 *, t- !- : - .F -- _.' .-,�.. � !- -I.1 , :. -r �I _, - ,,' 4i!1, " � ,,.�i_�",� ' _ � �,� V-i: .. " �z� �I- � � -. , . . d r7 ­ � .-:--�- �..- I .'­ %_- � �".. , ., �I l., : ,- �I . - .,.-.:,4.".. ..­ " ..� .` � - , ;-, - .-- �. - ..-�, , _ i�" � r? , q �� und.ersLghddP. DOUGLAS K. M d Newbury � � .��:. I :; ;, . ,:�' `W �-,_ e *0, Essen ,r. Y�I achusett . hereinatter called"-tfie `l— " Submitted 7 i.. ,-� tc - ., . I the Torn 0f : 4e.4b y, l ,­ 'iY ,M X"' il . . 1 I 1 ; ,­7 x ,rk-Y� Pla - xz_­ B ba�� ,�Va. D efiditive � Yan,"of ' arsubdiv-Lsion i ! _ 1(,;, rr , , *ent t 7_UBDIVIS IONt LAN OF: LAND IN NE�URY;'I_ 4ASS. 1 " _ - �, ,> -"dated z raxyi?:'l977,-,.-made by_Chaxles' xe Irod"- .R.L.S v d eSI-F covenant .and agree -with 'the said i - . k " .� � _j 4 aodr_� ai � s-J66 ,sso s in;of f ice. of':said lgoa , pursuant " x t,i _ V t&_G. C , " Ij ,Section. 8ldas a �m "Ld, ,, t dt 9 ­ P - 4 st e:.cbveI� Aantor' s the owner of record of -", .} - , '. r I- 'wrn, on4I no . , � k� ,;� ­� t j ­ s covenant sha1 run w Ith the" land and, be�l,, ­ 4'. �- ­,­ . � I o • j ­ bind— x qm ,:the ,executors, adrdinistrators,a heir I , w­ ,, A lgm 6L�e �venantor, and .their .successors n = {: ,' . tlti ie._DIpses . shoWn ori, sad p1 an _x �� r, . C­ l. Y j ! v "construction -.of , , } o � _.0 ways and the :installation r X , r 4j G , :" 6f: nc2D al services �hall provided t " serve any t * lot — ac co-dance with .the approved Definitive I, lan V .- l. _ ! a and ­ - r"Able Rules', and iRegulations-' of aid .Board . . befog _C ICt r^ay be built upon or- conveyed, other tha . - - e , ed; provid6d .that -' -mortg4gee who dC6 ui_ -2 -le to the mortgaged ,premi -. 'clay e zrotherwise and any-succeeding .owner .of the . >I - 1 �k i i ,,` -� LAW OFFICES C a .mortt I � , I I . . rt thereot .:may .selI any'. such li . —JAMES LAGOULIS I 7o6 AY� 4.;4 _ 1I I . ,.. . - I- �'� - " _ EWBURYPORT, MASS. 010= rli� _ ­1 � i .TE L. (G7) 4 �, 4-� f � , � e� c 1d�I- -. ,.1 l , � �-.I- I .I., - �l � ..� , I1. - �, � fi., ,:.� , . , " .. � ,, I .S � " ,�i ..-. ,_ � I . -:. , I . -,� ,.: ..-, .-%.-- . ..;.1, ."I , - - * , " � , ,- � - W - ..,� ., , :,��-,,(%. �11��,,_ ,�, : .. ; . � - %.. - , . " I, ,� I . . .,, . ._.",,- . . I -.I -1.. I- . �., �l - , - I . . � . ,"..4��;j. , . - 1_ � , �.,:.- ,.*�1'� ,.*.'. . .. �.1,z �. '�!;_ , ­ -. : . - . ,, , , 1... ... � - I . I I-�`:�. .I ..- . - .-, . �l �. . . ,. . ..­,'. t. ., ; . . '.- I . , . � . , - .�E"I ; f�, ­,---, a F, i � ---� "- .,­: .- y i�1, ,1 P%-_-'h1i m -7,*�� 1"� , Y 4 � ,W-Z4 -, .- ­ ;/,.._­-z_W . .,_ .. ; . , i­-� � -F­ .-_- ::� , , J � %� .1�.� ti .. _ x Z 1ot,. s�bject only::; to' that portion of this Covenant which orovides .;that no lot so'� sold" sha11 be built" upon ' until ,such, ways and -services have been provided. to ' , < serve such. lot, ; In any instance where,.a, release ;is "sought .from - the P_a^Ilzing Board prior to the completion' of-iroad ti pavin ccerations. the party, seeking ' such,. release; shall firsos a cash bond in:" form of a` t ht passbook to secure the .cost of such;road- paving :operations as acre 7 d stzl 1 ? ::be complete _ upon,the failure cf: the covenantor to "cc .ply +Y" ' with_ ---e :terms of the''cowenant`yherei set 'forth-,As they a_ _ ly to,.,a particular"lot, aY��e Plan,=u rig` Board ,may, in ts. Discretion; ° r-esci^d its. approval` of `,the entire ' nJ a Iotl?:r= jti"henever ae -terms and. conditions `set or 4 here;- are wired regarding. any ,one lot, ;such waiver shall 'be' 'Limited to apply only. to::that lot and,:,the ' y ter s . and conditions of this covenant shall have full - _ 4 - 4 � ' force` d" effect as to:' all other ,lots rot"previously w , yF relea e� by the Planning Board d trees' over ,six (6} inches +xn diameter a withyery -(20) feet ',of the rear lot''lines 'of the �{ lots said"°subdivision. and'. the ,.lot. Braes of ad r l t h 3oinz _ Zooms having frontage on either School Street; �^ti.y'� T f � f- ,; .f• -'d.f. .. _ 4 - R J t S �i- r;. t` Y or Ce Lra1 Street. shall :be preserved "to -provide a 1n�tEs uAGouus OVFius or buffer zcre ;y k a ;. E .TY STATZ DT1tZLT Zt f a k _r' A. Ft '• _Y8URYPORT,A1AB'L.C19S0: 17 ;i. •ti '.' f ' . S E q -.r _ — _ _4 6 _ x .'_. Y - - _ _ _y _ Yc - _ - . _ _ _ _ _ - - . - -- - - - _ = - _ .,11 �---���:-_��-_,,�I-"',—,�,-,-1-_M�.�I,,__-",,.,�I�,.1.-,--.-__-I�,_I--.�1�--1.�,.�.-,-,".-�,J'-,,_,,. --�Ii 7, Nothing herein shall be 'deemed to prohibit a ,. _� cisnveyance subject to this. covenant by a single deed of - = the entire parcel` of land shown, on the Definitive Plan,'. : . _ or of all-'.lots:not previously •released by' the 'Planning _" - Board without first providing such wasps and services, - S This covenant shall take effect upon the , . . approval of_ said plan. . . . _. . . _ g ;Re,ference to, this covenant saal2 be entered upor. aid plan and this covenant shall be;.recorded-urhen ' r .>, said` ^l an 'is'.. recorded. f ht` ':: - r- ..j i" . - - ,, -w ,,.1 .£ -E= rD as as sealed.instrument- this '.�w day f F I �: r of --! .,tom , 197a t S,4 k j Z //j////j./(/ i 3 > j rL fi. - _ s S ." - .. . CONr fOi33dEAL TH OF 4AS SACHCSETTS ESSE%; SS Date. "men nersonallY"aPPeared�Gr�f�s.////ib .and a.^r-owledged the foregoing instrt ent to be: free 'act and deed, a ' -". - Before me, s otary''Public. v ; . My:',commissio^ :e�—ci*es: 4, ?' �- rY C0 ?"ISSION Ef?;;.i�. ): i .x , h .' - C 19,L j "; (•I 1 , LAW OFFICES OF _ JiMEs LAG0 UJjS t l7BL'IIYIQHT 1lAEE. Ol CO - a 1 1 ° - - r F { { ,Y yt t. fi277 dQ2- t.. r - i 'i A:l - .L, y,� ,F .:r., t y Ii L "; f SKr ) Y t - f y 7 i -I t '^ •' � - 'emu hX f Z. ,.. , _ - " . . L '� F i'",I t'*•'L�. ^ Eb_ ..�a'.1f .�m by r; T yy,,.. A y +f y -�'S�k._ gT .^ r 1i'4' 4w ...,� 'I 1 l� + J '�' .•-�.`'``x '• ` q. ,y�ky, ,'''-`. x,' ., .c --„ems=^4'"?.i .ckrg#'"`."'.. '" :., 3�r`�."•` 'e'V'�.`�' w l��'` �3,.' '` -?i _ r i'„'p �a. .. '.�.,�,. -• `�'k7' '�'' �r3�s ��a�j, �.. w� � t;��fsxt-!'°. ''� .2. '�,�,ri'`y'f.' ry- - *tl. a f, — ;N`.W"y _ -% i S s3 +e2 t`s y 3r�`E x v ;.? n s s t '�,�� �F 4 , r r..'-' yr'�, -. u.+fi-' iA'.- .: a:f',_` ,:� ,_.. 'fil � .., of 'z rug` �' w t�s € , r x H: '. i'"•— t �.� ? r, s-# °^' ' '- ,>�' mr: Ffa �- ..t ' '' ''t'C'7. " { '�"'i'r"""�t J a fi'e. +.,C, wi : 'mot 4 4 `"f z _ :1 m•...., w '-.., "3 c , ... a.` "�°rt 3 � `* '�a�;'.t•�� r; svr ~a '� �'`� ';� �, yzf t �;' :�a ' ;"j7" �,�s."'s � .... x ,;x �y.��.Cr "sk `.,,u'•r W > s,r�-' ,3` Y q h,' ,'> •'�' " �y�'ziu't"` �sC ,�. . : a •: - `sue -r F ° t ,yy t��t ....f .s.-+ •3','Y`^- - *?s 'z -',`t �- - 4, ,... I a -r Lt' r z ��K c •�;1 % A 7r' .:- x A�,..,I" '. t .+ F � ' - c r --c •: ,�.s.. "^ ` 4 v t r.a^ , G+, a, 'l'�i '-'-4 w 'fi' I !: Y }_�C' e fi v A Y tiw ;s 4 r $_, -° k 1 r 4 s- iyF, ! -" .*S "+' ¢ vie`' .�' .` r .. �( ;A` t .' 'S - _ f Gy'.-I. " 's•t _ " � �'{ a ' s nrvisioly col oL l t , i_*-,__._,',.L.,T,_--�y � , z s V ' 4 . i -'1 3 kJ y.� .. .C Il ' the plantung board, anc _ h plan shall be acted upon }ri thesalne man- p t r.Y ?iex and with the.same effect,so far as affects said:lot and the rights of F r r' i : ; g alYcess appurtenant tie ,a 'a,plamof a subdivision f� r `�a r t -Y - ' The superior court'faar the county i11 whlcli-the{Iarid affected,by f ft 4 i ° 4, an ___y of-the provisions o sul�ivision eontrol lap lies shall have,uris- `,' t 'h . fi diction lil equity pn peti oa of the plannin board''of a city or towns or , I­ of"£en fable lnhabitai �thereof, to reV"arty action cif ar v '{r MW i-t r a oardfir officer of s �ttyfor toWll }nLdis gard of:the provisions' � '„ r y x 1 �, of tl3is section and to ai ilil and enjoin sueh action, to enjoin-the erec- 7,-,g ' tiori�f a building in violation;of this,section, and otherwise to enforce £�. < r " ­1� ,. theavrsans of:the sztb�}rvsibn caoltoI lulu an any izles or`.regula� ��" Y ti ally adoptedA conitto, .4in the aPprdval of:a planlawfully " �t _ F gpier`eunder, an� res�ra n 1�y rnjuriction violationstiereof �, ,` or make suety decrees a lice an ecluuty:maw reguire Ito proceed 3, ` ' a 'i Mr mg under-thrs.paragraphr.sYiall be u stituteil more than'b en year after a. zx ti O� t let or;fa ilte to act.upian R�hie siac petitron, based' �; A k `1 s v : Added by St 1953 c 6 7 = Y X _1-4,,'4_�.,_,--�--w,,,,",+��I1*:.,,,:�I:­-,.,_.,,.1.., a 3 F £6 y., s r ;` FOSS References ,� °f fi - _s t ''.c <. . "�; Housing Board suggestions to potarinmg boards,see c'1�1 §2& r k�xy y � ,I s i g s .w 1 n - r v l r S{ 4 X -E36f REYIE�C GO(nRPEDYaF'leS a t K. sr` t-'€ y 1 z v0 ° j - ;�M r PLtnningFbaards powers. Bm J Subdicisron control law board of ap . Johpson 1 nnnal'Survey o 3Iasy Law peals ,.Rrehard' $} Johnson, 3 Annual � �'�' �� � Boston College,p 2 (1954) ? Surr of'ylass.Law, Sostaa College,p r, �tf' ., r:., ' �Dr r rr . ° r a y References Municipal:Corporatrons , 43 fa0 C JtS'Towns•§§ 10,'li 13 16: t r R air w Towns a4 M " Commt�nG - Conveyancing see M f'S ` 1+ Y Y C Jpp S bivnieipal Corporatr €rs §§` vo1 r28 Park § 638 r' r . . , tJ * ^r _. , w DdoYes of Uec-sions f a k a g. G s§A'. 1 1 n general �tY - t ry z• '` r. '"+ •+ :� 's,, , c- 4a ' t where plannuig board rown"ap lwners in adopt><ig one` dwelling condi- �r "' proved subdivision plan snbjet to condi tion for:each siihdiFmzon lot or that it . - . ton-- not more than off;$welting - rngaged-in.an,y.attempt to exercise non �- zs 'should be erected on each`lob each con `.:delegated-zoning power Jin, refusing a r ' r , } drtion was,not to be interpreegd;as es `.buIII,pg', permit to ' t a:_sheltering ' t `,, ablishing'right tio„erect onjIaE„in.:;lddi home'for cats `:.Id ', a N j f t>on, to existing' dwelling, ddzitr`struc fl; ' Sheltering home corporation`was not r7• ¢ " tares provided they were -� .`,`dwell - entrtled'`ta buildmg_pe mit,to; erect a _` Tags'; 4;llen hL :Gifford Sheltering sheltering home for cats on•property in f ;"' .y s Home Corp: v Board of ,appeals of • ua Wa�Land (1960) 208 N E 2d 207 343 �single residence one on which;. a ',c 'a - ' • dwe ug; house .all eady, existed, under r^ v; n 11�ass. 232 s`, ,v sub'dyvision plan appro�.ed:_'�subject ito � F " k'1 . i Ilecord did not 'Vdlsclose. fl`aat ;town ,`condition that not more.than one dwell- �$ : ,. 41, { w planifing= .board exceeded its statutory ing should be''erected on each 'lot Ill. e f ' 'K N. y f< i . 'F'FS. €^ 4. ye t t 3 +,r t . , -Y 1 4 YI.9. - y y T y y k c- { ,v4 �r t a ` fd 3 jk � fp 4 ) C }� ° .c n F h �. � ? . t s r f -«• .�? ;�h t�,.r X sa �� ,;1 . k r;'. y a, -"nF *�$rr 4 >y :� u: at wi:` y r¢ k r+ �"S•&tr ,� r .R.t + t 5 ss 2 a+ i' � z'' 'v.✓.` f }} tt �. s- Y ' C t c t f� y,h,.4 r � .-I y y}}`,, k� ,y, y'`cr ,^ .{r 7 "" s. r x�t jr« } Y K- ,:'?F1 J� 7 f. k S' i j ,fi5�`+I` 'ff •�'✓ ; rp^t �;. Z f 4 Y 3 �s 9/ l P *w , F . ; t 'icLs > h`lrsn..¢• '{ ; ,r �' m z. 7 ^-r. rY X„s a rr -.ram . - _ ,o--r*.`�.Y;. z. ..z.• a n. ._� f `5. y. +�'-` } u' c �'-'r: f ':ri a, .}'= -• f�'Y,-t Vic..' .. �• y TOWN 0F NE.WBURY Office of 'tO,y SELECTMEN AND BOARD OF HEALTH = NEWBURY, MASS. 01950 y V 'OARSCR RIVM C`DA 6' TEp M� September 12, 1978 Planning Board Town Of Newbury Richard S. Johnson 28 Main Street Byfield, MA 01922 Dear Chairman Johnsonr' . I wish to thank the -Planning Board for selecting'.-me. as a member of the Citizen's Advisory Committee for the Project of updating the Masterplan. for our Town. As the lone' representative. chosen from the Board of Selectmen ` 'and as ,the nexest member of the Board, I feel that as a matter of both common courtesy and diplomacy, it would not be proper for me . to interject Mg thoughts on those as ects of the masterplan update -which:- affect .the Board of Selectmen Malth, budget, ..control, special-permit. granting. authority, .etc.) without at least. the con currance of the remaining membership. : .`-Any' discussson or suggestions on topics directly relating to the -Newbury- Board--of Selectmen should be generated from -the member- .- ship at a meeting with your Board$ ,the consulting firm, and the Citizen's Advisory Committee to insure input from the Board which wills hopefully 'result in unified acceptance of proposed changes that .will' undoubtedly gain total support from the. administration at the Town Meeting.. -To that end -I -will'. be willing to present"my.views. and.' ideas on areas. in-which I have dealt as a Selectman or Board of Health- member. In conclusion; I believe that from the standpoint of finAl approvai. at Town Meeting, the joint views , suggestions, and suggested adoptions of the Board would gain wider,approval than the suggestion of one of its members. Cordially. yours, Thomas G.' Palumbo- .C1erkJ s Newbury Board of Selectmen -. TGP%dec 27.5 SELECTMEN'S MEETING October 10, 1978 the dogs are barking less now and if the Board allows them to keep the dogs, then the Rogers should do their best to keep the dogs quiet. Chairman Lowe said it would be hard to charge the dogs with disturbance. Selectman Knight said that maybe the next time the Selectmen receive a complaint, that the Rogers put their dogs in a coral: , Selectmen Knight and Lowe said they went along with Palumbo' s motion. The vote of the Board was unanimous. The meeting was adjourned at 9:10 pm. Resp tfully submitted, Diane E. Colby, Selectmen' s Secretary October 13, 1978 Jury Duty On October 13, 1978, the Chairman of the Board, James A. Lowe , drew the following for Jury Duty in Salem to start November 6, 1978: Robert L. Turnbull , 195 High Road Jay T. Garand, 15 Marsh Avenue Also, the following were drawn for the Lawrence Jury Duty to start November 6, 1978: Oscar L. Vaughan, 2 Grove Street Albert R. Shute, 37 Main Street Res tfully bmitted, Diane E. Colby, Selectmen' s Secretary October 16, 1978 The meeting of October 16, 1978 of the Finance Committee, the Assessors, the Selectmen and Bernie Magane and Dick Swaddell from McGee and Magane , was called to order at 7: 30 pm by George MacKenzie , the Chairman of the Finance Committee. Mr. MacKenzie stated that after the Department head meeting last Tuesday evening, this meeting has been called to dis- cuss the situation with respect to re-evaluation and our - tax income for the Town. We are coming to a point where we will need to borrow some more money. We usually expect some money in early November, so when can we expect the bills? Henry Becker, the Chairman of the Board of Assessors, said they met with the firm, McGee and Magane, and they set up a time table. First , they will complete the property re- view, then send the data into headquarters for key punch- ing, then all-t1uh material gathered will be edited so that we can plan to set the tax rate the week of November 13. iff all goes well , the bills will be here the week of November 20, and the money will be due around Christman time. 277 October 16, 1978 (continued) Selectman Knight suggested that a little plea to the tax- payers would bring the money in as soon as possible. Someone mentioned that these bills will be due just before the Holiday season. McGee and Magane representatives said that only two communities have sent their bills out so far. When asked what `was holding up the process , the firm said there were errors in the mapping and classification, and in the original records of the Town. He also said that they have received a great amount of cooperation from the Asses- sors. The information was collected by a novice person, there- fore , there are mistakes that we take time to correct in order to have a complete , correct inventory. Henry Becker said that with the taxes, they will be sending out a letter of explanation of the re-evaluation and also a copy of -,,the Massachusetts Farm Bureau, 1978, Chapter 61A, which has to do with exempting Farm and Forest lands. George MacKenzie said that all adjustments will be handled in this taxable year. Selectman Palumbo asked the representatives of the firm if they would adjust the contract price to accomodate the Town for interest on money borrowed in anticipation of taxes, which the town didn' t anticipate on borrowing if the town got the tax bills according to the contract performance schedule. The representative said that they would if the town in turn agreed to pay McGee and Magane $25 for every mistake they find on the cards that have to be corrected. Assessor Mills said that they are finding errors of which, according to his contract they do not have to correct. Selectman Palumbo said that he cannot understand why they are doing the job twice. Assessor Mills said. that he and. some C.E.T.A. help went out and did all the leg work, none of which have had any ex- perience in re-evaluation and that is why there are mistakes. With Mr. Mills doing this , has saved the town close to $50,000. The firm is correcting these errors during their review. The reason for the delay in the bills is that these problems weren' t anticipated when the contract was entered into. George MacKenzie urged the firm to shoot for November 3rd. The meeting was adjourned at 8:00 pm. Resp ctfully submitted, Diane E, Colby4re Selectmen' s Seary. SELECTMEN'S, MEETING October 24, 1978 The Selectmen' s meeting of October 24, 1978 was called to order by Chairman James A. Lowe with Selectmen Palumbo and Knight present. The minutes of the previous meeting were read and accepted as ammended. Selectman Knight brought up the flu clinic saying that he thought it is very important. Chairman Lowe said that the State can't make up their minds whether they are going to fund this clinic or not. Selectman Knight said that some- one went to his doctor and he was going to have to pay $20 for a flu shot. Selectman Knight made a motion that the town pay for the flu shots at this clinic. Selectman Palumbo seconded this motion and added that the town supply the amount of doses that should be required to handle this clinic. The vote of the Board was unanimous. Ann Miller of the Newburyport Health Center talked with Selectman Palumbo earlier this day and suggested doubling a diabetes clinic with the flu shot clinic. The Board voted unanimously in favor of this . John Travers , Highway Surveyor, told the Selectmen that he saved the town approximately $500 on land fill. He took it out of the drainage ditches on Highfield Road. Selectman Palumbo moved that the Board accept the gigt of $100 from Quascacunquen Grange #236 to put towards re- finishing the floors at the Byfield Town Hall. It was agreed by the Selectmen to put this on hold until a price could be looked into. Someone mentioned the steps of the Byfield Town Hall , that they are rotting because of the salt and and put on them in the winter. Selectman Knight said that they are rotting because a sealer was never put on them. John Travers said that he has 4 gallons of something in the town barn and. he will check to see if this is what it is. Chairman Lowe suggested that Selectman Palumbo represent the Selectmen at a C.E.T.A. review committee in Lawrence to serve as the area expert for our proposed C.E.T.A. pro!,-" ject "Newbury Health, Safety and ,Environmental Improvement Program." Selectman Knight agreed. Chairman Lowe said that he has received an estimate on a fire .alarm system for the Town Hall. The cost will be approximately $4,000 and will include a master box control panel , one battery charger, two wet batteries , three bells , six m. stations and twenty hear sensors ; eight sensors in the Police Satation, six sensors on the first floor and six sensors in the attic. The price of this will probably bid much cheaper. John Travers said that we have a $50,000 policy on the Town Barn. He thinks maybe it should be up-dated. All registered equipment that is registered is insured. The legal notice for bids on School Zones on Hanover Street was read. There were no bids received. This will be put out on bid again. The bid was read for the backhoe tractor. A bid was received for Goodall and Sons Tractor Compnay, Inc . with a list price of $30,250, a trade-in price of $25,750, leaving an amount of $4,500 due. Also, a bid was received from Colcord and Son,: Inc. with a list price of $31,440, a trade- in price of $24,677 and an amount of $5,763 due. The Select- men said they will take the bids under advisement and con- sult with John Travers , Highway Surveyor. Mickey Villane will await a written decision of the Board. Health. A copy of this decision is attached. SELECTMEN'S MEETING October 24, 1978 Fred Ilsleu said that all the evaluation has been completed and. will be going into the computer; all the information has been compiled and it is going into the computer. Mr. Mills also said that the valuations would all be in the paper before the anticipated hearings. The letter of resignation from Secretary Diane E. Colby was read to take effect November 3, 1978. The Selectmen accepted ' this resignation with deep regret. Jonathan Wells came in to ask the Selectmen about Thurlow's Bridge. Chairman Lowe said that it has been rebuilt several ., times , and. that the only thing historical about it is the location, and that the Massachusetts Historical Society has accepted it as this . The Disaster Recovery Team has released funds so that work can begin on this project. Chairman Lowe said that we will repair it and. make it passable , and maybe sometime in the future we will rebuild the whole thing ac- cording to historical lines . Selectman Palumbo extended an invitation to Mr. Wells and other_ interested concerned parties to research the historical guidelines and work with the Selectmen in the furutre to insure that any future plans for total rebuilding be along historical lines . Chairman Lowe made a motion that the low bidder, Sutton Corp. be awarded the bid for repairing Thurlow's Bridge. The vote of the Board was unanimous. Both bidders will be notified by mail , and Middlesex Riggers and Contractors will receive their bond, which was submitted with their bid. Chief Curran recommended that the Selectmen appoint Robert Marr a Special Police Officer for the grounds of Adalynrod only and John Salter a Special Policeman for school grounds and school buses only. The Special Police appointments will be without compensation. These Special Police Officers will ve invited to all seminars . Chief Curran said he spent the day with the Training Council in Boston. We are trying to set up a 13 week course in this town for the North Shore area. We have discussed using one of the schools. He asked the Selectmen to give him a little backing in his efforts . This will not cost the town, but give to us . Chief Curran said that Sunday night they put on the Crime Prevention Seminar for Plum Island Taxpayers Association and it went over so well that "they asked us to do it again." Selectman Palumbo asked the Chief if he would conduct a seminar at the Oldtown and Byfield town halls for the towns- people to attend. John said. that he would and he would also like to set up a defensive driving course for the citizens of Newbury, and some have- asked. if he would teach them to shoot . He said that the F B I has opened their lavoratories up to the town in respect to these arson investigations„ John Curran said. that Richard Casey is a part-time policeman and he would like to be on full time. January 2, 1979, he is going to the State Police Academy, and "I_ recommend that he be appointed full-time until 1980" . He also mentioned that he thought he might have to let one of his men that is on probation, go. Selectman Palumbo moved that Richard Casey be appointed a full-time policeman until June 1980. The vote of the Board was unanimous . Selectman Knight moved that Robert Marr and John Salter be appointed Special Police without compensation. The vote of the Board was unanimous . Selectman Palumbo said he encourages at least minimum training for the Special Police Offiers. Selectman Palumbo moved that at a convenient time, that a Crime Watch Program be set up in the Oldtown and Byfield town halls . The vote of the Board was unanimous . John Curran said that there is one scheduled for the Byfield Town Library. John Travers said that we have some old machinery in the town barn that is of no use to us . After discussion it was decided to advertise it in the paper. 223. SELECTMEN'S MEETING October 24, 1978 The Selectmen mentioned that approval has been given for the Bikeway. John Travers mentioned that ,Newbury, along with a dozen other towns , are again putting out a bid for salt. Selectman Palumbo moved that we include the report on the dog hearing, also the context of the Bikeway proposal and the two supporting letters from Representative Harring- ton and Senator Kennedy on that matter. Selectman Palumbo reported that he attended the Massachu- setts Selectmen' s Association meeting in Hyannis . He mentioned a few of the things that were voted on: 1) They accepted a joint dues proposal, 2) they voted to merge with the Massachusetts League of Cities and Towns and 3) the towns will not be regionalized or put into any kind of a consortion without their appproval. An executive order that was signed by Govenor Dukakis at the Massachu- setts Selectmen' s meeting in Hyannis will be included in the minutes. Selectman Palumbo said that the new spotlight for the Fire Department parking lot could probably be shut off for the most part except for Thursday night beano. Chairman Lowe signed a letter of support for the March of Dimes . It was decided. to up the price of a copy on the copy machine from 100 to 150 for a small and 250 for a large copy. The secretary is to make up a job description. The meeting was adjourned at 9:00 pm. Respectfully submitted, Diane E. Colby, Selectmen' s Secretary MICHAELJ. HARRINGTON WASHINGTONOFFICE: GTH DISTRICT,MASSACHUSETTS (202)225-8020 DISTRICT OFFICES- COMMITTEE ON POST OFFICE BUILDING INTERNATIONAL RELATIONS CONGRESS OF THE UNITED STATES SALEM,MASSACHUSETTS 01970 HOUSE OF REPRESENTATIVES (617)745-5800 COMMITTEE ON POST OFFICE BUILDING GOVERNMENT OPERATIONS WASHINGTON, D.C. 20515 LYNN,MAssAcNusErrs 01901 (617)599-7105 September 26, 1978 James A. Lowe, Chairman Board of Selectmen Newbury Town Hall Newbury, MA 01950 Dear Jim: Please be advised that I am in full support of your effort to secure C.E.T.A. funding under Title VI for the upgrading of Old Point Road and Sunset Boulevard on Plum Island. As you know, I was disappointed that H.U.D. chose not to fund this project under its Small Cities program this year. It would be even more unfortunate if the town were unable to raise the funds needed to take advantage of the Mass. D.P.W. ' s commitment of $225, 000 before that commitment expires. " Therefore, I am pleased that Newbury has chosen an alternative route - through C.E.T.A. - to gain this assistance. It presents a worthwhile opportunity for a C.E.T.A. project as well as a productive funding mechanism for the town. Please keep me informed of the progress, of your. application and let me know if I can be of any further assistance. Yours sincerely, L4_"_� Michael J. Harrington MJH/ahr EDWA--4&--M. KENNEDY "MASSACHUSEM WASHINGTON. D.C. 20510 October 27, 1978 Mr. James A. Lowe Chairman, Board of Selectmen Town of Newbury Town Hall Newbury, Massachusetts 01950 Dear Mr. Lowe: I am responding to your request for assistance concerning the Town of Newbury's C.E.T.A. application entitled "Newbury Health, Safety and Environmental Improvement Program." I trust that the response from Mr. Timothy Barnicle, Regional Administrator for Employment and Training will provide helpful information in this concern. With best wishes, Sincerely, 4EwarqdM.*nne6dyf enclosure 2400 John F. Kennedy Federal Building Government Center Boston, Massachusetts 02203 yr U.S. DEPARTMENT OF LABOR Employment & Training Administration John Fitzgerald Kennedy Federal Building In Reply Refer To: ITGS-1 .6s 2 5 OCT 1978 Honorable Edward M. Kennedy United States Senator John F. Kennedy Federal Building Room 2400 Boston, Massachusetts 02203 Dear Senator Kennedy: This is in reply to your letter of October 11, 1978, regarding the Town of Newbury's Title VI Project Application entitled "Newbury Health, Safety and Environmental Improvement Program". According to information we received from the State of Massachusetts, Office of Economic Affairs, the Title..VI Application. from Newbury was submitted to the Lawrence CETA Subgrantee, which serves Newbury, much later than anticipated. The problem local CETA officials are currently faced with is the nature of the work, in that almost all of it is to be performed out of doors. The question to be resolved is whether goals and objectives can be met during the winter months. In an effort to address this question, Newbury has been provided an opportunity to modify its proposal to compensate for the ensuing winter. As you may be aware, all individual Title VI project funding decisions for the Newbury area are made via a review and approval process at the Subgrantee level (Laurence) , subject, of course, to concurrence by the State of Massachusetts Office of Economic Affairs. We hope the above adequately addresses your concerns. If we can be of further assistance, please let us know. Sincerely, Timothy Barnicle Regional Administrator for Employment and Training Enclosure 100 VMJ4 r Yam, m6a6wl 0211� October 27 , 1978 .James A. Lowe , Chairman Board of Selectmen Town Hall Newbury, Massachusetts 01950 Dear Mr. Lowe : During our meeting of October 12 , 1978 , I indicated to you that "in kind" services would be an acceptable way for the Town of New to meet our requirements that.' it pay 2S% of the cost of the project. I have reviewed your CETA project proposal and agree that . this is an acceptable method of providing "in kind" services to match 250 of our $225 ,000 funding of the Plum Island road renovation project. I endorse your CETA project proposal. We. have received the draft agreement and will review it as soon as possible. We ' ll get back to you with our comments in the near future . 51nc .V, .), f JOHN ' ARR." L CO MIS IONER. :ram TEXT OF EXECUTIVE ORDER NO. CONSULTATION WITH CITIES & TOWNS ON ADMINISTRATIVE MANDATES WHEREAS, the Governor and his cabinet recognize that municipal officials must be able to consider statewide agency policy and regulatory actions which have significant financial , procedural , or organizational impact on local governments in order to effectively provide services to their citizens; and WHEREAS, state agencies must consider the impact on local governments of policy and regulatory mandates which include significant financial , procedural , or organizational obligations in order to make informed, credible decisions regarding the application of such policies and regulations; and WHEREAS, the Governor and his cabinet recognize that state-local cooperation in the formulation of the Commonwealth's administrative policies and regulations affecting local governments is essential to the successful implementation of viable policies and regulations; and WHEREAS, affirmative steps are necessary to ensure that municipal officials are fully informed of proposed agency policies and regulations which affect local governments, prior to their promulgation; and WHEREAS, state administrative mandates may place significant additional financial burdens on municipalities; NOW, THEREFORE, I, Michael S. Dukakis, Governor of the Commonwealth by virtue of the authority vested in me as supreme executive magistrate, do hereby order as follows. SECTION I: DECLARATION OF POLICY Agencies shall take no action (as defined in Section Il without having followed the consultation procedures set forth in Section IA to inform and receive advice from local governments of the potential impact on local govern- ments of the proposed action. SECTION U: DEFINITION Agency is defined as any agency, department, board, commission, authority or other instrumentality of the Commonwealth. Action is defined as (a) the adoption, repeal or amendment of any rule or regulation subject to the Mass. Administrative Procedure Act (A.P.A. ) , M.G.L. Chapter 30A; (b) any administrative action that either places additional expendi- ture, procedural , or organizational requirements on local governments or limits the discretionary powers of local officials or agencies on a statewide basis. -3- T c) to significantly alter administrative and work procedures ; d) to redefine organizational relations; e) to increase disbursements which are not reimbursed by the federal or state government; f) to limit the discretion exercised by local officials. Each agency head, or a designee of the agency head, shall have responsibility within that agency for reviewing proposed administrative policies and regulations to ensure compliance with this order. SECTION VI. NOTIFICATION Notices to the L.G.A.C. shall be sent to: Local Government Advisory Committee c/o Massachusetts Municipal Management Association 131 Tremont Street, Floor 4 Boston, Massachusetts 02111 Notices to the D.C.A. shall be sent to: Secretary, Executive Office of Communities and Development 100 Cambridge Street, Floor 14 Boston, Massachusetts 02202 1 THE COMMONWtAL.H OF MASSACHUSETTS INTER OFFICE CORRESPONDENCE DP-PARTMF-NT OF PUBLIC WORKS From Thomas F. Humphrey, Director BTP&D Attention dGeor Attrig M. Joseh e .P'ro'jeCfrPReView Committee October 10. .......... �8 Subject NewburX Bikeway - Plum Island The Bureau concurs with District Five ' s comments dated September 29, 1978 regarding the Town of Newbury' s bikeway proposal for the location of bikeway along the Plum Island Turnpike to be funded 100%.by the. State as a unique regional bikeway. Therefore, the Bureau .recommends an Engineering Work Order be assigned in order that District Five may conduct a feasibil- ity study as to the location .and type of bikeway to be located along the turnpike. Thomas F. Humphrey, Director Bureau of Transportation Planning and Development PL/jck Attach. CC: District 5 Board of Selectmen MV PC P. Chapman = ADM-320 w DISTRICT #5 OFFICE 488 MAPLE STREET, DANVERS 01-92����D K Pro j ects - Nel�fbury - Bikewav Se�ptember 29, 1978 oct - 4197a VIP, Tho.las F. Humphre1 OUR. TRANS. , _ & DEVEL. Director, Bureau of Transportation, Plar�nJ-11EN nevelonment 1 0 Causelvay .St, Boston, I,'IA 02114 Dear Nr. Humphrey: D,-strict Five has -revie-ved the Town of *`7eviburys, proposal for the location of a bikei-ay aloe„ the Island Turn- P L.ke and their renuest for 100; funding unduer the unique bi eways amendment to Chapter 90E, Section .B and mares the follo,vdn:; comments: 1 . There is a -enuine need for some type of bicycle . facility in this area, 2, ,::"e support the concept of 100" funding under the unique bike,,rays amend-ment, 3. That an enSineerin; feasabi lit, ,study be done by this District as to the location o_ a bicycle facility (Class I or Class II) aloes the turnpike. 44 That the proposal be submitted to the project review committee for fund?ng, 5. If approved. and in compliance vn to :,Notice i+-75-39, dated June 4, 1975, we are requesting that a pre- liminary Order 1-u;iber be assigned to the rlurm Island Turn-oi ke in Newbury to conduct the study. The required info.,-nation is as follows: 1 . Toz.in of Nevrbury 2.... State Ror.-Ua No. - 1 Tone 3. Federal i'.nlite Sys ter,-Pcderal Aid Secondary-Rte. No. o48-4 4. The extreme limits of work may 'be .from Old Point Road to Rolfe's Lane in Nei-,,bury-port'. 5. Description of Work-If feasible, 'construct a bicycle. facility a'-'L o i r1lum Island TurnnEze. Projects - Neefoury - Bikeways (conttd) Septeber 29, 1978 �. Estimated Cost of R.O."'. - Unknoi;.,n Estimated Cost of Construction - Unlr-not-.-n 7. Local =Road 8, Recommended Level_ of ILction II (Tidal I• arsh) 9. Scenic Iii ghway inforinati on 10. Reco : ended Federal and State I_nvironmental 11 . Ori�i, of Project - Reouested bli Torn 12. equesting individual - Tolan Selectmen 13. Status of R.r.':. review - > .V,?.C, supports project. Very truly -ours, 1. Sherman Eidelman District, Hignlay Engineer RE /rl 2 SELECTMEN'S MEETING NOVEMBER 14, 1978 The regular Selectmen' s Meeting was opened at 7: 30 P.M. by Chairman James A. Lowe. Present were Selectmen Palumbo and Harold Bragg, a staff member of the Merrimack Valley Planning Commission made a presentation to tie Board concerning the 208 Water.; Quality Program. He said that themain emphasis of the program would be review methods by which septic systems can treat waste watersf on the site without taking it to treatment plants. He explained that anumber of reports will be submitted by the Commission on the subject. Chairman Lowe explained that the majority of the wrongs that exist in a small town are due to precode systems. He further stated that the Board of Health actively enforces Title 5 of the Sanitary Code. He said in the past before any rules or regulations existed governing septic systems, that many houses were built in aress where they shouldn' t have. He reiterated the position of many local officials faced with this type of dilemma, that it isn' t right to disenfranchise a family. Se- lectman Knight stated that systems that were installed years ago andha.ve recently failed have been brought up to code stand- ards. Selectman Palumbo stated that he hoped the outcome of thepro- gram was to make recommednations for legislation that would be cost effective. He hoped ,that as many states have done , seri- ous thought be given to self containing purifying systems as a future alternative to septic control. Chairman Lowe made a motion to post the no on street parking ban between the months of December 1 , 1978 and April 1 , 1979• The motion unanimously carried and public notice will appear in the local newspaper. Russ Gilson and Tim Talis inquired about dupming of fill mater- ial near Thurlow' s Bridge. They were assured that it would be removed. Richard Cunningham of the Conservation Commission stated that in the future the Byfield Water District should be cognizant of where they dump fill so as not to be in violation of the Wetlands Pro- tection Act. Highway Surveyor John Travers reported that the salt bid had come in at $26.00 per ton as opposed to last year' s figure of $18.00 per ton. Selectmen asked Travers to investigate a complaint by Rev,. Pat- ricia Smith on 6th Street. He assured the Board that he would. Chief Curran invited the Selectmen to attend the graduation cere- monies of either Officer Pagley (Lawrence Police Academy) or Of- ficer Little (M.D.C. Police . Academy) . In other business Charrman Lowe reported that the vaccine for the recently held flu clinic was free of_.charge. He also reported that the Town received the second portion of the FDAA Project money to the amount of $24,424.00. Arthur Gibbons' s-.,resignation from the Police Department was ac- cepted by the Board. Selectman Palumbo voiced his concern that a safety problem still exists at the intersection of U. S. Route 1 and Elm Street. Traffic proceeding south on U. S. 1 haven' t enough area. to nego- tiate the turn into Elm Street. The State Department of Public Works will be contacted about the situation. 287 SELECTMEN'S MEETING November 14, 1978 In other action the Board unanimously voted to charge' a $10.00 fee for a septage haulers license for an pumping in a haul- ing system through Newbury. The Board unanimously voted to begin interviewing candidates for Selectmen' s Secretary on Thursday, November 16, 1978, at 7:00 P. M. in the Town Hall. Resumes will be accepted until 3: 30 P. M. , Thursday, November 16, 1978. Selectman Palumbo moved the following correspondence for inser- tion into the minutes. Unanimous voted for insertion: a) A copy of the Construction Contract between the Selectmen and Sutton Corporation (Thurlow' s Bridge. b) A copy of correspondence from the State Historical Commission concerning Thurlow' s Bridge. c) A copy of the Board of Health approval and recom- mendation concerning the surface drainage pattern in the Definitive Plan - Highfields Acres which were sent to the Planning Board. d) Copies of Letters of Commendation from the School District sent to the Selectmen on behalf of Ser- geant George Riel. e) A copy of a letter to District Highway Engineer Sherman Eidelman requesting that improvements to Thurlow' s Bridge be placed on the T. I. P. for FY 79 for funding consideration. The meeting was adjourned at 8:45 P. M. Respectfully submitted, Thomas G. Palumbo, Clerk Board of Selectmen November 14, 1978 Drawn for Jury Duty at Lawrence for December 4, 1978: Alfred L. Thurlow, Marsh Avenue Stephen T. Walker, Oongbrook Road Drawn for Jury Duty at Salem for December 4, 1978: Nancy J. Hoyt, 5 Grove Street Francis P. Hogan, 9 Downfall Road CONSTRUCTION CONTRACT AGREEMENT made this 14 4% day of 1978 between ,the Town of Newbury, a municipal cor- poration of the Commonwealth of Massachusetts, herein referred to as the Town and Sutton Corporation, a firm duly licensed as a contractor in the Commonwealth of Massachusetts, herein referred to as the Contractor. The Town and the 'Contractor for the consideration set forth herein agree as follows : Section .I Scope of Work Contractor shall furnish, except as otherwise provided, at his own cost, all labor, services and materials for the construction and completion of the work proposed under a certain notice to bidders, and the accompanying specifications (dated September 6, 1918) regarding the repair of Thurlow' s Bridge in' the Town of Newbury. Excepting provisions in such notice and speci- fications relating to the repair of a wooden guard rail, Contractor shall complete all other work set forth there- in in a workmanlike manner to the satisfaction of the Town. All standard specifications referred to in such specifications and the September 6, 1978 specifications themselves, are expressly incorporated by reference in this Agreement and made a part hereof. Section II Drawings and Specifications Contractor shall keep himself supplied with the latest issues of all drawings and specifications and shall keep one copy thereof at the site of the work in good order available to the Town. The drawings and specifications, and any copies thereof, are and shall remain the property of the Town and shall not be reused on other work by Contractor. Such documents shall be delivered to the Town at the completion of the work, or earlier if required. Section III Liability for Damages Town, its officers, agents, or employees, shall not in any manner be answerable or responsible for any loss or damage to the work or to any part thereof; to any materials; building, . equipment, or other property that may be used or employed therein, or placed on the worksite during the progress of the work; for any injury _ done or damages or compensation required to be paid unde GOULIS & CLARK any present or future law, to any-person, whether an S 79 STATE STREET U RYPO RT,MASS. 01950 TEL. (617)462-9393 employee of Contractor or otherwise; or for any damage to any property occurring during or resulting from the work. Contractor shall indemnify Town, its officers, agents and employees, against all such injuries, dam- ages, and compensation arising -or resulting from causes other than Town' s neglect, or that of its officers, agents, or employees. ' Section IV Inspection of Work and Materials a. The Town may appoint and employ such persons as may be necessary to act as inspectors or agents for the .. purpose of supervising in the interests of Town, mater- ials furnished and work done as the work progresses. b. The. Town, its agents, or representatives, shall, at all times, have unrestricted access to all parts of the work and' to other places where or in which the preparation of materials and other integral parts of the work are being .carried on and conducted. C. Inspection of the work by these authorities or their representatives shall in no manner be presumed to relieve in any degree the responsibility' or obligations of Contractor, or to constitute Contractor an agent of the Town. d. • No material of -any kind shall be used in the work until it has been inspected and accepted by the Town. All rejected materials shall be immediately removed from the premises. Any materials -or workmanship found at any time to be defective shall be replaced or remedied at once regardless ofprevious inspection. Inspection of materials shall be promptly made, and, where practicable, at .the source of supply.. e. Whenever the specifications, the instructions of the Town; or the laws, ordinances , or regulations of any public authority require work to be specially tested or approved, Contractor shall give the Town timelyno- tice of its readiness for inspection, and if' the in- spection is by another authority, of the date fixed for such inspection. Section -V Insurance Contractor shall not commence work -under this con- tract -until he has obtained all insurance required by the. Town. Likewise, Contractor shall not allow any approved subcontractor to commence work .on his sub- J JGOULIs & CLARK contract until all similar insurance required of sub- STATE STREET contractor has.. been so obtained and approved. U RYPO RT, MASS.01950 TEL. (617)492-9399 Section VI Safety Precautions,, , Precaution shall be exercised at -all times .for the ` protection of persons, -including employees, _and property. The safety provisions of all applicable laws and' build- ing and' construction codes shall .be observed. - Machinery, equipment, and all hazards shall be guarded or eliminate in accordance with the safety provisions of the Manual . of Accident Prevention in Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of appli- cable laws. Section VII Compliance with Laws Contractor and every subcontractor or person doing or contracting to do any work contemplated by this con- tract. shall keep himself fully informed of ,all national and state laws and 'all municipal ordinances and regu- lations in any manner affecting the work or.performance of his contract or any extra work, and' shall at all times observe and comply with such laws, ordinances and regula- tions, whether or not such laws , ordinances, or regu- lations are mentioned herein, and shall indemnify Town, its officers, agents, and employees against any claim or liability arising from or based on the violation of any such laws, ordinances, or regulations. Section VIII' Termination a. If Contractor (1) is adjudged. a bankrupt, (2) " makes a general assignment .for the benefit of his cred- itors, . (3) has a receiver appointed on account of his insolvency, or (4) persistently or repeatedly refuses or fails, in cases for which extension of time in writ- ing is provided, to supply enough properly skilled work- men or proper materials, fails to make prompt payment for materials or labor, persistently disregards laws, ordinances, or instructions of the Town, ceases oper- ations under the contract at- anytime for a period of Thirty (30) working days, or otherwise is guilty of a substantial violation of any provision of the contract, then the Town may, without prejudice to any other right or remedy and after giving Contractor and his surety Fifteen (15) days' written notice, terminate the contract take possession of the premises and' of all materials, tools, and' appliances thereon, and finish the work by whatever method Town may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of LAGOULIS & CLARK finishing the work, including compensation for additional 79 STATE STREET material and administrative services, such excess shall NEWSURYPORT, MASS.01950 be paid ' to Contractor. If such expense exceeds the — unpaid balance, Contractor shall pay the difference to TEL. (617)462.9393 Town fie. A • Section IX Acceptance of Work No act of the Town or of any representative, in superintending or directing the work, or any extension of time for the completion . of .the work, shall be regarded as an acceptance of such work or any part thereof, or of materials used therein, either wholly or in part. Acceptance shall be evidenced only. by the final cer- tificate- of the Town. Before any final certificate will be allowed, Contractor will be required to swear to and sign' a statement on the certificate that he accepts payment of monies then due on the contract price in full payment and settlement of all claims on account of work done and materials furnished under this contract and that all claims for materials provided or labor per- formed have been paid and set aside in full. No waiver of any breach' of this contract .by Town or anyone acting on its behalf shall beheld as a waiver of any other subsequent breach thereof. Any remedy provided herein shall be taken and construed as cumulative. Section X Compensation The Town shall pay and Contractor shall receive the prices stipulated in the proposal attached hereto as full compensation for everything furnished and' done by . Contractor under this contract, including all loss or damage arising out of the work or from the action of the elements; for any unforeseen obstruction or difficulty encountered in the prosecution of. the work; for all risks of every description associated with the 'work; for all expenses incurred due to the suspension or dis- continuance of the work; and for well and faithfully completing the work as herein provided. Section- XI Method of, Paymerit The parties to this Agreement shall arrange a pay- ment schedule providing for periodic payments upon the completion- and inspection of various phases of the whole construction project. From each payment an agreed upon percentage of the 'payment price then due shall - be ' retained by the Town until certification of acceptance as provided for in Section IX. Any such payment schedul shall be in a writing executed by both parties and shall set forth the full contract price of Fourteen Thousand Seven Hundred Yifty Dollars •- ($14,750. 0O) . Section XII Assignment Contractor shall not sublet any part, of the work & CLARK 1',GOULIS 'S STATE STREET U RYPO RT, MASS. 01950 TEL. (617)462-9393 under this contract or assign any monies. due him here- under without first obtaining the written consent of the Town. This contract shall inure to the. benefit of and shall' be binding on the parties and on their re- spective successors and assigns. Neither party shall assign or' transfer his or. its interest herein in whole or in part without the written consent of the other. Section XIII Modification Any modifications to this Agreement shall be in a writing signed by the ,.'parties hereto. Any waiver, in one instance, of any provision hereof shall not act as a waiver of that or any other provision of this Agree- ment thereafter. Section XIV Completeness of Contract" The written. terms and provisions of this contract shall supersede all prior verbal statements of any officer or other representative of Town, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner` whatsoever, this contractor the contract docu- ments. Section XV Guaranty of Work a. Contractor. agrees to guarantee all work under this contract for a period of Tftee_ (1) years from the date of final settlement thereof. b. If any unsatisfactory condition or damage develops within the time. of this guaranty due to materials or workmanship that are defective, inferior, or not in accordance with the contract, Contractor shall, when- ever notified by Town immediately place such guaranteed work in a condition satisfactory to Town and make re- pairs of all damage to the buildings, equipment, and grounds made necessary in the .fulfillment of the guaranty. C. If Contractor fails to proceed promptly to comply with the terms of any guaranty under this contract, Contractor agrees that Town may have such work performed as the Town considers necessary to fulfil such guaranty or may allow the , damage or defective work to remain as it is. In the first instance, Contractor shall prompt- ly pay Town such sums as were expended in fulfilling the guaranty; in the second instance, he shall promptly pay tTown such. sums of .money as it would have been necessary GOULIS & CLARK to expend to fulfil them. Usual wear and tear and the TSTREET results of accidents not chargeable to Contractor or URYPO RT, MASS. 01950 TEL. (617)462.9393 his agents are excepted from the above requirements. Everything necessary for the fulfillment of any guar- anty must be done without any expense to Town. . Section XVI In the event that .this- contract is challenged by any third party in a court having appropriate juris- diction- on the ground that it was awarded in violation of those provisions of the Massachusetts General Laws relating to the awarding of public contracts and such court issues any order restraining or prohibiting further work pursuant hereto then the Contractor may retain any monies paid hereunder to .that time and this contract shall be deemed to be null and void with no further force or effect. — IN WITNESS., WHEREOF, the parties hereto set their hands and seals. Sutton Corporation by t S To n of Newbury ,r r P J s' owe, Chairman4 Board of • ectmen Richard Knight, Sel man Thomas Palumbo, Selectman IGOULIS & CLARK STREET URYPO RT, MASS.01950 TEL. (617)462.9393 r THE COMMONWEALTH OF. MASSACHUSETTS W DISASTER J RECOVER_ Y ° MICHAEL S. DUKAKIS GOVERNOR �y THOMAS P.O'NEILL III QM TEAM LIEUTENANT GOVERNOR - One Ashburton Place • McCormack Building • Room 1519 • Telephone 727-9563 • Boston. Massachusetts 02108 MEMORANDUM 120: Arthur Doyle, Regional Director, FDAA FROM: Kenneth Block#eputy Director, DRT RE: Historical Suspension, Middle Road Bridge, Newbury PA ## 97 October 30, 1978 -------------------------------------------------------------- The attached letter from the Massachusetts Historical Commission states the proposed work in the town of Newbury will have no effect on historic status. Please forward this information to Warren Pugh for his information. KB:csi cc: Warren Pu V Newbury . t ►Auk OUZ21 OHNY//I/� October 26, 1978 w Ms. Carolyn Ingles Disaster Recovery Team 1 Ashburton Place, Room 1519 Boston, Massachusetts 02108 RE: Middle Road Bridge; Newbury Dear Ms. Ingles: The Massachusetts Historical Commission has determined that emergency repair work to the Middle Road Bridge, Newbury, Massachusetts will have no effect on historic resources. If you should have any questions please contact Joe Orfant of this office. ti Sincerely, �i Patricia L. Weslowski State Historic Preservation Officer Acting Executive Director Massachusetts Historical Commission PLW/JRO/ts D k TRITON REGIONAL SCHOOL DISTRICT MASSACHUSETTS SCHOOL SUPERINTENDiNCY UNION No. 68 r NEWBURY - ROWLEY - SALIS�BURY BOX 36/ - [IOWLLY,MA65AGlW60-T6 01000 TELEPHONE: (617) 948-2343 HENRY F.TRAINOR,SUPERINTENDENT HENRY A.CHRIST JAMES D.SMYTH Assistant Superintendent Business Manager November 8, 1978 Chief John Curran Newbury Police Department Newbury, Massachusetts 01950 Dear Chief: As you are aware, recently over one thousand dollars worth of tools was stolen from Triton. Because of the mutual sharing of information between Sargent Reil and Inspector Barth of Salisbury, the tools were located and returned to Triton. Please thank Sargent Reil on our behalf. We are understandably proud and grateful for the mutual teamwork of the two respective police departments. With every best wish, 4nscerely, my F. ainor C.C. Newbury Board of Selectmen uperintendent of Schools HFT/Jsk 1 TRITON REGIONAL SCHOOL a LCRttI� TRITQN .ot;•e i966 _ I 'Burton G. MacArthur �!�`a, ,vtiss. s�`.fi°i Joseph R. pischino Principe! —r0Ni1t Jr. High Coordinator BYFIELD, MASSACHUSETTS 01922 Hai Ryder TELEPHONE 4628171 Sr. High Asst. Principal Nov. ] , ]978 Board of Selectmen Town Hall Newbury, Mass. Dear Sirs: On Friday, Oct. 27, ]978 the Industrial Arts building at Triton was entered and approximately $1400.00 worth of tools and equipment were taken. On Tuesday, Oct. 3] , 1978 I identified and had returned to me at the Newbury Police Station the final group of tools. This is to say that all tools and materials were recovered and returned to me within seventy two hours of the time the break was reported. My purpose in writing is to extend my formal thanks to Sgt. George Reil of the Newbury Police who, in cooperation with Harry Barth of the Salisbury Police, recovered the missing materials in an amazingly effective and e£fecient manner. I know for certain that much of the effort and time spent in the investigation and recovery procedures were spent during KXXX timef, when neither of the above men were officially on duty. It is gratifying to know that these men are willing to give of their own time in the solution of work-related problems. I would greatly appreciate having you extend to George my sincere thanks and my grateful acknowledgement of a job superbly done. You should be proud to have a man of his calibre on your force. Sincerely, 4. ith�.. Pac`kard Industrial Arts Dept. Head Triton Regional School r I Sherman Eidelman, P.E. District Highway Engineer District 5, M.D.P.W. P.O. Box 38 Hathorne, Massachusetts 01937 Dear Mr. Eidelman: a This is to request that improvements to Thurlow's Bridge, located on Middle Street, Newbury, Massachusetts, be placed on the Transportation Improvement Program (TIP) for FY 1978 for funding consideration. This bridge is in need of immediate repair, in order to protect the safety and well being of Newbury's residents. The required Project Review Committee information is as follows: (1) Community name/local supporting officials - Town of Newbury,. sup_ported by selectmen, and highway superintendent. (2) State route no. - none (3) Federal route system - none (4) Terrain work limits are: Thurlow's Bridge, on Middle Street and the road area immediately adjacent to the bridge. (5) Description of. work - to repair/or replace: the bridge consistent with the safety and well being of Newbury's residents, and the bridges historic value to the community and state. ` (6) Estimated cost: not available (7) Possible federal aid or state funding category - unknown (8) Availability of local funds - none (9) Administrative juristiction -- 'town road (10) Design scenic road or bridge: no' (11) Estimated environmental impact - none Level of action - unknown (12) Recommended Environmental catagory - to be determined by district D.P.W. (13) Origin of proposal - Town 'of Newbury '(14) Agency making request - Mass. D.P.W. District 5 2. , (15) Status of R.P.A. review - M.V.P.C. supports the project. - (16) A. Traffic volume - Locally none available, to be researched by 'District 5. B. Accident statistics - no reported accidents in past 12 months. 1Very truly yours, i James A. Lowe, Chairman Newbury Board of Selectmen , cc: M.V.P.C. William G. Hart Acting Project Manager } , b y , \ I r 289 SELECTMEN'S MEETING NOVEMBER 20, 1978 A duly scheduled meeting of the Board was opened at 8: 32 A. M. by Chairman Lowe. Selectman Richard H. Knight made the following comment: "After consideration of the prospective candidates for the position of Selectmen' s Secretary, I feel that Marion E. Martel is the most qualified and experienced of the group of applicants. I move Marion E. Martel for a provisional 3 month appointment to the Neiwbury Board of Selectmen" . Chairman Lowe asked if there were any seconds to the nom- ination and Chairman Lowe made it unanimous. A copy of Mrs. Martel' s resume is included in the minutes of this meeting. Meeting adjourned at 8:45 A. M. Respectfully submitted, Thomas G. Palumbo , Clerk Board of Selectmen NAME: Marion E. Martel ADDRESS: 26 Farley Avenue, Ipswich, Mass. 01938 (Tel. 356-2396) AGE : 54 MARITAL STATUS : Divorced DEPENDENTS : None OCCUPATION: Secretary LAST EMPLOYER: William G. Clark, Jr. , Esquire 225 ,Washington Street, Gloucester, Mass. 01930 WORK EXPERIENCE: Typing, Shofthand, •.Some1._Bookkeep ing, Filing, Answering Telephone, • Talk,ing and Conferring. With Clients in Person and. By Telephone, Notariz- ing Documents, Attending Bank Trans- fers, Operating Office and Taking Clients to Court. REASON FOR LEAVING: I was employed by Mr. Clark as a Legal Secretary for the past 10 years. However, he was forced to close his law office in order to become a full time Justice in the District Court of Eastern Essex which eliminated my position as his Secretary. SELECTMEN' S MEETING NOVEMBER 28, 1978 The Selectmen' s Meeting of November 28, 1978 was called to order at 7: 30 P. M. by Chairman James A. Lowe with Selectmen Palumbo and Knight present. The minutes of the previous meet- ings were read by the Clerk and were accepted. Chairman Lowe introduced Marion E. Martel to the residents of Newbury who were present at the meeting as the new Secretary to . the Board of Selectmen. Chairman Lowe also introduced John Gray, the Representative- Elect, to the residents of Newbury who were present at the meet- ing. Mr. Gray thanked the people of Newbury for their support of him in the Election and told them that he would. be very glad to help them in any way he could. Chairman Lowe read a letter dated November 21 , 1978 from John P. Curran, Chief of Police , giving his written resignation as Chief of Police effective' as of December 8, 1978. Chairman Lowe said that the Selectmen waited to see if Chief Curran had a change of mind and that this afternoon about 3: 30 P. M. the Chief called him asking if the Board would please accept his resignation for the perseverance of his family. Then Chairman Lowe moved that Chief Curran' s resignation be accepted. Selectman Knight seconded the motion and Selectman Palumbo made it unanimous. It was stated by all the Selectmen that this was done with deep regret. Selectman Palumbo read a letter dated November 22 , 1978 from Sena- tor William Saltonstall regarding the Elm Street problem in- answer to the Selectmen' s letter requesting that a stop sign be erected at the intersection of School Street at:Elm Street. Selectman Palumbo also read a letter from District Highway Engineer, Sherman Eidelman, dated November 21 , 1978 concerning the investiga- tion and approvalof a stop sign at the intersection of School Street at Elm Street. Chairman Lowe read a letter dated November 27 , 1978 from Fish Com- missioner, H. Verne Noyes , III , to the Board of Selectmen_ requesting that the permit fees for shellfish be raised in order to stay in line with the surrounding towns. He asked if there were any com- ments on raising these permit fees but none were made. Selectman Knight said that on the fishing permits for local residents it says shellfish and for outsiders it says clams and sea worms but Com- missioner Noyes said that it will all say the same on the new ones. Fish Commissioner Noyes said that the family resident is a new one we've never had before. Ipswich has had it for quite a whJ.le now. He also stated that men like to take their families and make a day of it._ When asked when these fees would be raised , Fish Commissionez Noyes answered that they would be in effect on April 1 , 1979 the samE as Ipswich and Rowley. He also r.equdsted that the Flats be closed on Sundays from June lst through October 31st. Selectman Knight moved that these regulations be adopted by this Board. Motion made and seconded that these regulations be adopted by the Fish Commiss- ioner of the Town. Voted unanimously. Selectman Knight asked if anyone had checked the oysters. He said that there was one pile of shells but what happened to them he did not know as some were planted right there. Fish Commissioner Noyes said that the ice got so heavy it pushed them right down and out to sea. Chairman Lowe introduced young Wally Ziehler who had taken on the job of three cemeteries as a project to become an Eagle Scout and he is here tonight to present these to the Board. Mr. Ziehler came forward and said that he divided the three cemeteries sectioning all the cemeteries off. On the Evergreen Cemetery they were sec- tioned as to names , dates of birth and dates of death. He presented SELECTMEN'S MEETING November 28, 1978 his work to the Board of Selectmen consisting of three books , one for each of the three cemeteries, together with a map of Evergreen Cemetery. Selectman Palumbo stated that he thought he should have some kind of synopsis in the Town Report about this project and also a letter of commendation should be given to this young man where this project is a project to enable him , perhaps, to get his Eagle Scout Badge. Selectman Knight and Chairman Lowe agreed with him. The Secretary was asked to write said letter. George Reil talked about Glenn Little graduating on December 1 , 1978 from the Police Academy and , in order for him to do any- thing, action would have to be taken on this. Selectman Palumbo moved that Glenn Little be appointed Part Time Police Officer for the Town of Newbury. Selectman Knight and Chairman Lowe voted unanimously. Joseph Stone said that on behalf of the Fire Department he would like to thank Dick Knight and the other $61ectmsn ,for" the-new light on the pole outside of the Town Hall as it is a good light and we appreciate it. Someone said that on Downfall Road one of the stop signs was miss- ing as you go by the School andit should be replaced because of the icy conditions. Chairman Lowe said that this would be taken care of by John Travers.. . - He also said that the Board had received the approval for the stop sign on the Junction of Elm and School Streets from the Department of Public Works so that is all set. There may be an island when it is rebuilt and Selectman Knight thought there should be' a white line painted. Chairman Lowe stated that he understood the Tax Bills had gone to the Printers and we should receive them shortly. Someone asked if they are .going to put in lighting over Governor Dummer. Chairman Lowe said that he would judge that there would be lighting at the overpass because it should be lighted. Select- man Knight said that there was a street light there setting well back on the grassed in area which would have to be relocated some- where on the intersection, he presumed. Chairman Lowe said that the Board is still working on improving the Southbound turn off of Route 1 onto Elm Street as he .expects people to have tail end collisions there. We are awaiting the Chief Engineer from District 3 to come down and go over it with us similar to the one that is or. Route 95. Ralph Lowell , Town Clerk, presented two Legal Notices for Public Hearings to transfer Liquor Licenses , one from E. Paul Burke and Doris M. Burke d/b/a Corner Cupboard to Keith P. Walton and Mar- guerite A. Walton and the other from Charles R. Pilcher d/b/a Pilcher' s Beachcomber to Diane C. Smith which he thought could be set for hearing on December 12, 1978 , the regular Selectmen' s Meeting. Someone said that on Route 1 there are a whole bunch of Tractor Trailers parked going out towards Governor Dummer and whoever is leaving them there, is dumping out rubbish. Chairman Lowe said that this was a matter for the Conservation Committee. Selectman Palumbo told John Travers that he might consider elevat- ing those stop signs high enough so that they couldn' t be stolen. However, MY.- Travers told him that they unscrew the signs and take them. Someone from Plum Island wanted to know if there was anything new on clearing water damage on Plum Island. He saddr that he_'had lived with this for quite a 10ngz.period of time. Chairman Lowe told him that on Plum Island Boulevard to the Parking Lot they are in the process now of having that taken care of by the Disaster Relief. 295 SELECTMEN 'S MEETING NOVEMBER 28, 1978 He also stated that the drainage was always a problem there and that the comfort station had been lost during the storm, but he believed that we are going to get both of them ap- proved and he expected that someone would be down by the end of this week to check on the progress of this matter. Motion was made by Selectman Palumbo that the following cor- respondence be inserted into the minutes. Unanimous votes for insertion: (a) Letter from John P. Curran, Chief of Police , inform- ing the Board of Selectmen of his resignation as of December '8 , 1978 dated November 21 , 1978. (b) Letter from Senator William Saltonstall to the Board of Selectmen dated November 22 , 1978 regarding the Elm Street problem. (c) Letter from District Highway Engineer, Sherman Eidel- man, to Ralph Lowell , Town, Clerk, regarding stop sign at intersection of School Street at Elm Street. (d) Letter from Fish Commissioner, H. Verne Noyes, III , to the Board of Selectmen requesting that permit fees be raised to take effect on April 1 , 1979, that yearly permits run from April lst through March 31st and that the:Flats be closed on Sundays from June lst through October 31st. (e) Two Legal Notices for Public Hearings to be set on De- cember 12 , 1978 at the regular Selectmen' s Meeting for the transferral of Liquor Licenses , one from E. Paul Burke and Doris M. Burke d/b/a Corner Cupboard to Keith - F. Walton and Marguerite Walton and the other from Charles R. Pilcher d/b/a Pilcher' s Beachcomber to Diane C. Smith. The Meeting was adjourned at 8:00 P. M. R spectfully s itt.ed , ,Marion E. Martel , Selectmen' s Secretary December 8, 1978 Drawn for Grand Jury Duty on January 2 , 1979 at Salem: Alexander J. Maskiewicz , 46 Scotland Road , Newbury e RY TOWN OF NEWBURY POLICE DEPARTMENT - _ 25 HIGH ROAD Q�"��`•� b NEWBURY, MASS. 01950 ^SATED JOHN P. CURRAN Chief of Police November 21, 1978 Board of Selectmen 25 High Rd. Newbury, Mass: 01950 Gentlemen: It is with regret I must inform you of my intention to . resign effective December 81 1978. . . The members of the Board of Selectmen have been a tremendous asset to me during my tenure as. Chief of .Police for the Town of Newbury. Each of the programs I. have initiated, I would hope, shall be continued by the b€ficers who have assisted me in setting up these programs I would like to say I have an opportunity for a position which offers the benefits and security a 'family man requires. It is for this reason only. I feel I must accept this position. Sincerely yours, John P. Curran Chief of Police JPC/mde COMMONWEALTH OF MASSACHUSETTS MASSACH.USETTS SENATE STATE HOUSE. BOSTON HON. WILLIAM L. SALTONSTALL November 22 , 1978 Mr. James A. Lowe Chairman Board of' Selectmen Town Hall Newbury, Massachusetts 01.950 Dear Jim: Thank you for your letter about the Elm .Street problem . I'll be glad to come out and meet with you if 2 can. With best regards, Sincerely yours , " C-oo William L. Saltonstall Senator, First Essex and Middlesex District WLS :ml Traffic - Newburg 1%oven.ber 21, 1978 Ralph R. Lowell Town Clerk h owbury, Maas. Dear Mr. Lowell: Enclosed, for your attention is a cony of a setter dated hovember 14, 1978, farvia Ja ues A. Lowe, Chairman, 3oa d of 6electnen, requesting t ixat a etop sign be wr::Mt:ad at th) inta sec ,ion of School Strove Please be advised that t?4s location has been inveatigat.ed and found 4o uY :ot th Departments ►:arrant, for stop sisns. You zxe to V-Xb it , -';o w o� (3 ) attostad cartes in accordance iiith the Provisions of Chapter 89, Section 9 5f~the General La`;ia, tho fo�.�.�-wi gr E3"��r�"^.`.t (s ,:~C' 4dsx > :*,z" trod c'$;;� o�.(5,� s, at, f,.... jix ,..:.......ct :1 (s) zmd :132 i dir3C.viflki -2;w.=.C3tt;.i'd :. aaT, zound Ira f'ic or, :�cj400 . 44'ta'eet at 3"treo�. 1 an enclosing (1 ) one fora #QED-889 for each :atop :treat. This for.y. must be, aticaetad, zigwd and sealed by the. T:wzi t.lerk. Thark you for lour continued cooperation in ,%.:Llc Crafety. `-7nry #rub vrnirn, :herwan Zidolman, P.R. District Nish%.may Engineer encl. IL �i i TOWN OF NEWBURY Fish Commissioners November 27, 1978 To the Honorable Board of Selectmen Town Hall 25 High Road Newbury, MA 01950 Dear Selectmen: At a recent meeting of the Fish Commissioners , it was voted to request that permit fees be raised to the following levels to stay in line with surrounding towns: Commercial $50.00 no limit Resident - year 7.50 10 qts. day - 30 qts . week Resident - 1 day 2.00 10 qts. Resident - family 12.00 112 bushel - 1 day a week Non-resident - year 25.00 10 qts . day - 30 qts . week 'don-resident - 1 day 3.00 10 qts . Also, it is requested that yearly permits run fuom April lst through March 31st and that this years permits be extended to April lst at no cost. Increase in permits to take effect April 1st , 1979. We also request that the flats be closed on Sundays from June lst through October 31st. Thank you for your consideration on these recommendations. Sincerely, Verne Noyes,, III John K. Thistlewood Jr. Donald F. Gladu FISH COMMISSIONERS TOWN OF NEWBURY HVN: z V jx:, Jb 21 Of W B 'y `A :X-Tpwm K:!� _k, EW U .010 :4 TED LEGAL NOTICE '- EN-SING BOARD FOR LICE BURY THE:.TOWN. OF -N-EW J" V p 1-i cation -�2 A P­ C #4. -Nov - 8i 2, Not*ce is hereby given, as required under Chapter '138 apter RING--vIll" _of thm General Laws as amended-, that. a-,_FUBLIC 'HEA1 Id ' on 'Dec 121 _19�8_ at 8AOPm �at , he- Town­�. be �_helHall,- 05 t H-; ;:rh-'3oad, -'on7 the ,a of. E. Paul' Burkp-, and Doris M. B u r e", _dt�a--.Corner Cupboard ,.at..-4._Hanover Street,--to transfer,.,-- the Retail All . Alcoholic' 1�ackage L" held by icense.,now T" them to --ei th P. Walton and 11hrgurete A. Walton at the same addreSs Jam - A .. tow es e,;.- .� . ',"j Palumbo' Thomas 'G. Richard H.. _Kni- ,ht 7: T c F3 T Li. ensing� , oar1 own' , f 0 7� ..`-Pub� Dec -1 RYj -7........... H 7- ldm Mc7^-._.y,-.1�1,'0,�,,�s _ m h 3 x� � } 4 Apr 4 � TOWN OF _.N_ BURY � = a-a Office.of w _ _ TOWN :CLERK -: NEVI/BURY, MASS`01950 _ TEo LEGAL NOTICE :-LICENSING BOARD FOR _ THE .TOA OF NEWBTJRY , application , _:3- ''lov. :-28 �97g ' Notice is hereby. -.given, as. .required ender -Chapter 138 Qf the General Laws as amended that a .PLBLC HI3II4'G w�:ll x y be el,1 on Dec . 12, 1978 at 8.15Pm. ,at.`the Toban Hall,^ 25 " i-b- Road; on. the application of Charhes R; :Pllcher`,_ dba! _.. s.� PILCHER'S BEACHCOMBER, Plum Island Blvd, to transfer the ... ALL. ALCOHOLIC Restaurant- License now held'by'.hlm to Diane 4 �r Smith :at -the- same address: = - - A* o�f� - : Jades y-e �. F. Thomas Palumbo - , Richard H. m ig , ht = - Pub. Dec: 1', . 1878 _ Licensing Boated; Torn af2Tebury 57 w : - _ s: ti 291 SELECTMEN' S MEETING e DECEMBER 12 , 1978 The Selectmen' s Meeting of December 12, 1978 was called. to order at 7: 30 P. M. by Chairman James A. Lowe with Select- men Palumbo and Knight present. The minutes of the previ- ous meeting were read by the Secretary and were accepted as amended. The Board met with the Planning Board , Curtis Walton and R. Barbara Peabody being present, in order to fill a vacancy on the Planning Board caused by the resignation of Walter Mills. Curtis Walton nominated John S. O'Connell and the nomination was seconded by Richard Knight. The members of the Board of Selectmen and the Planning Board voted by paper ballot and the vote was unanimous that John S. O' Connell be declared an interim member of the Planning Board until the next election in May 1979. Selectmen' s Secretary tono-tify John S. O' Connell to come into the Town Clerk' s office to be sworn in by Ralph Lowell . Town Clerk. Jamie Fay of Coastal Zone Management introduced himself to the Board of Selectmen andrequested the Board to give a brief talk about the Program. He said that over the past 2 months he had gone around to talk to several people about the proposal to designate the Plum Island/Parker River area as part of Bnviron- mental Agency. The appointed member of the Coastal Zone Manage- ment in Newbury is Steven Moore , he informed the Selectmen. He said that part of the Coastal Zone Management Program is to se- cure development in our Coastal Zone Areas, and the other part of the Program is in Environmental and Critical Areas which is what he discussed at that time. He said that 10 areas along the Coa.st were designated. He stated that Essex Bay is the lar- gest expanse of salt marsh north of Long Island up to the Canad- ian bord.er and is important in terms of shellfish, duck hunting, natural wild life , Crane' s Beach and other number of important areas. He said that it is really for the State and the Agency to give recognition to an area which is a critical area. How- ever, this doesn' t change any of the activities but when a pro- ject comes along which needs a State Permit , there will be close scrutiny given to this. If there is an appeal of the Conserva- tion Committee , they will work much closer than if it wasn' t in the critical area. There would be no new dredging but mainten- ance dredging would be allowed. He said that he had discussed this with the Planning Board and they submitted a nomination for this area. He also stated that the Secretary of Affairs has to decide if this is worthy of consideration and he believed that she would support this Hearing. He said that in addition to the Newbury Planning Board , nomination has been received from Ipswich Conservation -Committee and Essex Board of Selectmen, Senator Saltonstall and the Gloucester Conservation Committee. There might be a Public Hearing at the end of January 1979 he stated. ' and he would like to know if. the Selectmen would like to consid- er this nomination. He said that the Coastal Flood Plan would include Newbury but would not include the developed part of Plum Island and only the marsh areas. When asked if Newburyport was included in this Program by Selectman Palumbo , Mr. Fay informed him that it was not. Mr. Fay then asked the Board if they would let him know one way or another. Chairman Lowe said that the Board would let him know of -their decision after they had dis- cussed it with the Conservation Committee and Planning Board. Then Chairman Lowe read a Notice from John- Travers , Highway Surveyor, dated December 12 , 1978 which stated that the balance of $8,023.19 due the Town would be paid to the Treasurer for the Town within 2 to 3 weeks for .Chapter 90 Construction; also that he had purchased a new Backhoe from Goodall Co. at a cost of $4,500.00 which is a transfer item from the Road Machinery Ac- count , that he purchased and just received a Traffic Counter by vote of the Town at a cost of 1759.17 and that he has a work repair order entitling him to spend $6,990.00 for materials to repair existing drainage on Plum Island Turnpike. He would also like to have set up a special Chapter Account from which he could 299 SELECTMEN'S MEETING DECEMBER 12 , 1978 pay current bills in anticipation of reimbursement of these bills. He also wanted to know if he should proceed with this work and. funding of the same. Chairman Lowe said. that we will get reimbursement from State after it is paid. Chairman Lowe then read a communication from Carolyn S. Ingles , Regional Coordinator of the Disaster Recovery Team, asking him to get an estimate of the amount of money to be spent and they will apply it to -.e Fund for Thurlow' s Bridge. Chairman Lowe will check with Treasurer for money. John Travers informed Se- lectman Palumbo that Thurlow' s Bridge has been inspected. The Selectmen drew the following names for jury duty at Salem on Jan. 2 , 1979: Janet Gursky, 18 Riverview Drive, Newbury, Mass. Taylor A. Brown, 126 Main Street , Byfield , Mass. and fey also drew the --following names for jury duty at'Law- rence on Jan. 2 , 1979: William M. Foley, Paul ' s .day, NeVbuxry,, Mass. Samuel Thoreson, 7 Orchard Street ; Byfield, Mass. Chairman Lowe asked John Travers , Highway Surveyor, to meet with him and Mr. 2isher at the junction of Elm Street and Route 1 on Wednesday, December 13, 1978, at 1:00 P. M. Mr. Curtis Walton of the planning Board told Chairman Lowe that when the Planning Board met last week, they asked the Selectmen to accept the responsibility for money for Block Grants and to put together a proposal that had stress points. Chairman Lowe made a motion .that Selectman Palumbo would work with the Planning Board on this matter and that he meet with Curtis Walton and Bruce Tsuchida on Wednesday, December 20 , 1978 , at 4:.30 P. M. Motion was seconded by Selectman Knight and Selectman Palumbo made it unanimous. Mr. Mahoney from Guilf ord' s Package Store at Plum Island asked what the Selectmen were going to do about the water situation there. Chairman Lowe referred him to John Travers , Highway Sur- veyor. Mr. Mahoney said that the roads were shut off completely and he lost business. He wanted to know why the whole road was cut up. Tohn Travers told him that the water situation had been a problem for the last 20 years and. it couldn' t be solved with- out money and that he was asked by the Police Department to re- route the traffic there. John said that he .had one pump only andti�ea Mr. Mahoney asked him if he could rent pumps to pump the water out. Chairman Lowe said that the drainage system suffered from the storm of last wineer and we had an approval from the Disaster Relief and as soon as John gets the funds to do it , we will move in. John Travers said that the catch basins had been cleaned out several times this Summer. John also said that tem- porary relief costs quite a bit of mon^y too and we can only go down to the. marsh. Selectman Knight said that if the Town of Newbury puts a pipe in if it runs into a store, the State is liable. Chairman Lowe said that we will have to wait until we get the funds to take care of this matter. A Hearing was held at 8: 10 P. M. on' the application of Paul Burke d./ba/ Corner Cupboard to. transfer Liquor License to Keith P. Walton, also of Hanover Street , Newbury, Mass. Chairman Lowe said that the application was made out properly and asked if there were any comments. He then asked if Mr. and Mrs. Burke were present whereupon Mr. Burke stood up and said that he wanted to transfer this Liquor License to Mr. Walton. Selectman Knight asked Mr. Walton if he or his immediate family ever had any prob- lems with liquor in the past and Mr. Walton answered "No. " Se- lectmen Knight and Palumbo said that they saw no problem and Se- lectman Knight moved that this matter be closed and taken under advisement. Motion was seconded by Palumbo and the vote was un- animous. Selectman Palumbo moved that the Liquor License be 3Q1 - SEIECTMaV S MEETING DECEMBER 12, 1978 granted to Keith Walton and the vote- was unanimous. A Hearing was scheduled for 8: 30 P. M. on the application of Charles R. Pilcher d/b/a Beachcomber to Diane C. Smith. Town Clerk, Ralph Lowell , informed Chairman Lowe that the principals involved in this Hearing were not in the Town Hall and asked him if it would be proper to wait 30 minutes in case they were de- layed. Chairman Lowe moved that the Hearing be postponed until 8:45 P. M. and the vote was unanimous. Then Chairman Lowe read a letter from Department of Public Works Commissioner Ellen M. DiGeronimo dated December 12, 1978 stating that Chapter 512 of the Acts of 1978, the principle of sovereign immunity , which protected governmental agencies from suit , has been rescinded. This means that Towns can now be sued for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any public employee while acting within his scope of office. She said that in order to protect the Town or its employees from suit , the Department of Public Works is holding three one day seminars and gave the date of each seminar. One individual from the Town may attend and she must receive the reply by January 22 , 1979. Chairman Lowe read a letter from the Department of Public Works to him dated December 6, 1978, also signed by Commissioner Ellen M. DiGeronimo informing him that the Department ' s Project Review Committee on November 15, 1978 , voted to approve his request for the reconstruction of Scotland Road and Parker Street, Newbury and the City of Newburyport , as a Federal Aid Project. She sta- ted that although the Department of Public Works usually assumes responsibility for environmental and design work, the Project is likely to be started more quickly if the Town of Newbury and the City of Newburyport will assume the cost of all engineering. Chairman Lowe said that we will have to contact the County and find out where the County is involved in this before we make any approval. He stated that he didn' t think that the Town would be willing right now to finance the engineering. Selectman Knight said that he favored the Project and he hoped that the Town would come forward. Selectman Palumbo moved that the Town sit down with Mayor Sullivan in this matter. Selectman Knight seconded the motion and the vote was unanimous. Chairman Lowe read a letter from Richard Johnson, Chairman of the Planning Board , addressed to him dated December 12 , 1978 re- garding the deadline of January 15, 1978 for filing HUD Small Cities Community Development Block Grant Applications for funds. Perhaps, he said , we could ,have the Secretary contact him within a day or two. Then Selectman Palumbo read the letter to the Board of (Selectmen dated December 6, 1978 from John F. O'Halloran regarding the Bikeway along the Town of Newbury. Chairman Lowe read a letter to Board of Selectmen from George H. MacKenzie regarding 1979-1980 Budget and submitting his resigna- tion as a Member of- the Finance Committee which was dated Decem- ber 4, 1978. He said that he was retiring and going to Califor- nia, Chairman Lowe stated. Selectman Knight said that he was very sorry to hear of George' s resignation as he has been one of the finest members of ` he Finance Committee we have known and we are certainly going to miss him. Selectman Knight made a motion to accept this resignation with deep regret and Selectman Paaumbo seconded the motion and it was unanimous. Chairman Lowe also said that he would be very much missed. Then Chairman Lowe read a letter from Roderick Shea addressed to him dated December 8, 1978 submitting his resignation from the Finance Committee. He talked with Mr. Shea and was informed that this was being done for reasons of health. He has been advised by his Doctor to drop some of his responsibilities. Chairman 303 SELECTMEN 'S MEETING DECEMBER 12, 1978 Lowe said that he felt the same way about him as he felt about George MacKenzie. He has contributed a great deal to the Town and `Chairman Lowe moved that this resignation be accepted with deep regret. Selectman Knight seconded the motion and it was unanimous. Chairman Lowe then read correspondence from Bernice and Ronald Ward of 18 Forest Street , Byfield regarding their property. They would like to acquire ownership of Wood Lot #35. Selectman Palumbo stated that perhaps we could get an opinion from Attor- ney James Lagoulis. The Wards told Attorney Lagoulis that they could find no record in the Registry of Deeds and could not find anything from 1934. He told them that they would have to regis- ter this land in order to clear the title. Selectman Palumbo said that the Town did not have any right to this property as there is ano evidence that it is the Town' s. If the land is reg- istered , no one can claim it after this procedure they were in- formed by Attorney James Lagoulis. He also stated that it would have to be claimed by adverse possession and therevould be no back taxes by the Town. However , Lagoulis said , if it is a wood lot, it may not be worth incurring this expense. Ralph Lowell, Town Clerk, said that Mrs. Smith had called and was unable to come to the meeting as her car had broken down. She wanted to know if she could have this meeting postponed. Attorney Lagoulis said. that it was not mandatory for the Select- men to post another Hearing date unless they wanted to do so. The Board moved that the Hearing be postponed until the Select- men' s Meeting on December 26 , 1978, at 8:15 P. M. Selectman Palumbo signed authorization for Ralph Lowell , Town Clerk, to have a couple of poles replaced. The Selectmen signed Renewals of Alcoholic Beverages for the Town Clerk of the following: Byfield Liquors, Inc. , Nicholas J. Giantis , 53 Main Street , Wine and. .Mal.t Beverages Not To Be Drunk On The Prem- ises. Richard R. Kiernan d/b/a Dick' s Variety on Plum Island Boulevard , Wines and Malt Beverages Not To Be Drunk on the Premises. Guilford' s Package Store , Inc . , Francis M. 'Mahoney; Manager on Plum Island , All Kinds of Alcoholic Beverages Not To Be Drunk On The Premises. Charles R. Pilcher ,d/b/a Pilcher' s Beachcomber of Plum Island Boulevard , All Kinds of Alcoholic Beverages To Be Drunk On The Premises. Jane F. McNeal deb/a P. J. ' s of Northern Boulevard , Plum Island, Wines and. Beverages Not To Be' Drunk On The Premises. i Ould Newbury Golf Club , Newbury, Beer To Be Drunk On The Premises. Howard Johnson Co. , Edward Billia, Manager, Byfield,All Kinds of Alcoholic Beverages :To �Be .Drunk On The Premises. Oldtown Country Club , Arthur A. Tocci, Manager, Parker River, Newbury, Beer and Wine, To Be Drunk On The Premises. The Selectmen asked Ralph Lowell , Town Clerk, how they were going to handle taking the census at Plum Island. Mr. Lowell said that this would be done by mail and it would cost about 120 per name. It is computerized and sent down tows and we then mail them out. They are required by law to •return, them. "This looks like the best way to handle it, Mr. Lowell said." 305 ,;S=G.MUM'S MEETING DECEMBER 12 , 1978 The Meeting was adjourned at 9:00 P. M. Respectfully s bm' tted, ario E. Martel , Selectmen' s Secretary