HomeMy Public PortalAboutSELECTMENS RECORDS 1978-1982 . 1
SELECTMEN' S MEETING
DECEMBER 19, 1978
The Selectmen' s Meeting of December 19, 1978 was called to order
by Chairman Lowe at 2: 30 P. M. with Selectmen Palumbo and Knight
present together with the Board of Assessors.
The Board met jointly with the Assessors to appoint an individual
to serve Walter Mills' unexpired term.
Selectman Palumbo nominated Martin H. Burns for the position. He
stated that he had spoken at length with Mr. Burns who agreed to
serve until the election. He stated that he felt. that Mr. Burns
who had served the Town as Assessor for 42 years was the obvious
people' s choice and that any newcomers could vie for the position
in the upcoming election. Selectman Palumbo further stated that
Mr. Burns knew the land and the bounds and enjoyed a fine rapport
with the Townspeople. Selectman Knight seconded the nomination.
Assessor Henry Becker nominated Joseph Haydock whom he said was
available, knowledgable and from Byfield. A written vote was ta-
ken and Martin H. Burns was' appointed by a 4 to 1 vote.
Chairman Lowe cal-led for nominations to fill the two vacancies on
the Finance Committee caused by the resignations of George MacKenzie'-
and Roderick_Shea. Selectman Palumbo nominated Richard Walsh. Se-
lectman Knight asked if he would be available as he understood'-.that
he was leaving for an extended trip. Chairman Lowe reassured. him
that he had talked with Richard and he had informed him that he would
be available for the Town Meeting in May of next year. Then Select-
man Knight seconded the nomination and Chairman Lowe made it unani-
mous. Selectman Knight then nominated Carolyn Bashaw to fill the
other vacancy. Selectman Palumbo seconded the nomination and Chair-
men Lowe made it unanimous.
Chairman Lowe then asked the Board whether they were ready to present
nominees for the position of Police Chief. Selectman Knight stated
that that he had talked individually to all the candidates and that
he was ready. Selectman Palumbo stated that he had talked at length
with each applicant in an interview in the presence of Marion Martel ,
the Selectmen' s Secretary, who took notes. He further stated that
he , personally, asked each applicant whether he wanted the contents
of his interview, his application or his resume released to the Press.
They all stated that they did not.
Attorney James Lagoulis then read the following Statement prepared by
him for the Board of Selectmen and sent to the Newburyport Daily News:
STATEMENT
The Newburyport Daily News has requested 'of the Selectmen of the
Town of Newbury the resumes of those people who have applied for the
position of Chief of Police of the Town of Newbury. All of the appli-
cants who have applied for the position of Chief of Police have ex-
pressed a desire that their_ application be considered in confidence
and have advised the Selectmen of their belief that the disclosure of
their names could adversely effect them in terms of their present em-
ploynent, and possibly in terms of job advancement within their present
departments. The Board believes certain applicants would wish their
applications withdrawn if the Board is unable to maintain their confi-
dentiality. In light of these considerations and in an effort to pre-
vent an intrusion on the privacy of the applicants, the Board intends
to preserve the confidentiality of the applicants to the extent that
it is legally permitted to do so. If any of the applicants alters his
position and advise§ the Board that he has no objections to having his
application made public , the Board of Selectmen will do so.
James Lagoulis, Town Counsel
Town of Newbury
SELECTMEN'S MEETING DECEMBER 19, 1978
Attorney Lagou_lis then read a letter drafted by the Board of
Selectmen and sent to each applicant on December 14 , 1978 which
reads as follows:
December 14, 1978
Dear Applicant:
During the past 2 weeks you have had an opportunity to meet
with and talk to each Member of the Board of Selectmen, in-
dividually, concerning the position of Chief of Police in our
Town.
At your request , your application and resume will be kept in
confidence and will not be released to the Media.
If , at any time between the present and the date of selection,
your feelings change on this matter, please notify us and we
will arrange to have your information made available to the
Press.
Sincerely yours,
James A. Lowe , Chairman
Thomas G. Palumbo , Clerk
Richard H. Knight
Newbury Board of Selectmen
Selectman Palumbo moved that both documents be placed in the
permanent minutes. Knight seconded the motion and the vote
was unanimous.
Selectman Knight nominated George Reil for Chief of Police.
Selectman Palumbo seconded the nomination for discussion pur-
poses. Selectman Knight stated that George Reil had served
the Police Department for a long time and that the men would
be quite comfortable with him. He further stated that Reil
knows the Town and the streets which is a very important thing.
Selectman Palumbo stated that in the best interests of the com-
munity and a]_1 its citizens he nominated Andrew J. Tuney, III
for the position of Police Chief. Chairman Lowe seconded the
nomination of Andrew J. Tuney, III and called for discussion on
both nominees. There was no further discussion and the vote
was Selectman Palumbo and Chairman Lowe for Andrew J. Tuney, III
and Selectman Knight for George Reil. There was a 2 to 1 vote.
The Meeting was adjourned at 2: 50 P. M.
0 R sR spectfully ., fitted,,
Marion E. Martel ,
Selectmen' s Secretary
TOWN OF NEWBURY
Office of /
,,sSACUco, SELECTMEN �Cf ni
AND BOARD OF HEALTH Y
.-.� NEWBURY, MASS. 01950
December 1-!i, 19?8
� MARLA MVM
V
O, �
�A MQ�
TED \ -
Dear Applicant.
During; the past 2 &reeks you .have had an opportunity
tc meet �,!ith and talk.tc each Member of the Board of
Selectmen, individually, concerning the position of
phi of -of —Police it our morn.
At your request, your aprlicati on and rename will be
kept in confidence and will. not be released to the
Media.
if , at any time betwe,.n the rresent and the date of
selection, your feelings change on th 4 s matter, please
notify us and we will arrange to ha- e your information
made available tc the cress.
XT J o- _r. Lowe, Chairman
mhoWas C. Palumbo, ., erk
Richard H. Knight
Newbury Board of S61e en {
k '
v ! 1,
STATEMENT
The Newburyport Daily News has requested of the Selectmen
of the Town of Newbury the resumes of those people who have
applied for the position of Chief of Police of the Town of
Newbury. All of the applicants who have applied for the
position of Chief of Police have expressed a desire that their
application be considered in confidence and have advised the
Selectmen of their belief that the disclosure of their names
could adversely effect them in terms of their present employment
and possibly in terms of job advancement within their present
departments. The Board believes certain applicants would
wish their applications withdrawn if the Board is unable to
maintain their confidentiality. In light of these considerations
and in an effort to prevent an intrusion on the privacy of the
applicants, the Board intends to preserve the confidentiality
of the applications to the extent that it is legally permitted
to do so. If any of the applicants alters his position and
advises the Board that he has no objection to having his
application made public, the Board of Selectmen will do so.
J
r
James Lagoulis, Town Counsel
Town of Newbury
5
SELECTMEN'S MEETING
DECEMBER 26 , 1978
The Selectmen' s Meeting of December 26, 1978 was called to order
at 7:40 P. M. by Chairman James .A. Lowe with Selectman Palumbo
present...' Selectman. Knight -was -abs-ent' as he-was- on vacation. The
minutes of the previous meeting were read by the Secretary and were
accepted.
Mr. George Papadopolous, Director of Howard Johnson' s of 222 Forbes
Road, Braintree , Mass. spoke to the Selectmen and requested permis-
sion to install a sign at the Howard Johnson' s Restaurant located at
Central Street and Kent' s Way. He spoke to Chairman Lowe about this
matter and. Mr. Lowe referred him to the Department of Public Works
Office whereupon he contacted this office and was informed by Mr.
Douglas that the Town of Newbury owned the right of way so that he
would have to obtain their approval in this matter. Chairman Lowe
said that the Department of Public Works had informed him that they
intended to turn over the right of way to the Town of Newbury and
that he received a letter from them on December 12 , 1978 carif_ying
the situation and stating that they had filed the layout on May 25,
1978 and that the Town of Newbury now owns the above right of way.
Mr. Papadopolous gave the Selectmen a picture of the property showing
where they wanted the sign placed. which is on the right of way. He
also gave the Selectmen another picture showing the location of the
proposed sign together with a sketch of the sign and a Preliminary
Site Study of the area. Chairman Lowe said that the Building Inspect-
or , David Caldwell , must be consulted regarding the erection of a sign.
David Caldwell said that he had no jurisdiction in the matter except
that he must issue a permit for any sign to be put up in the Town of
Newbury and that such sign shall have no .oscillating lights of any
kind. David also said that Mr. Papadopolous would need the approval
of the Selectmen and Highway Surveyor and that as far as zoning goes ,
it would call for a height you could walk under or a minimum of 8 feet.
J,ot n _Tra`vers ,' High:wray- Surveyor, said that he would like to see it 7 or
8 feet above the sidewalk area because he had a condition on Hanover
Street where a sign had to be placed. Mr. Papadopolous said that the
sign would be where the fence terminates. Having carefully inspected
the situation there , Mr. Papadopolous said that they will be placing
the sign on the inside of the sidewalk between the fence and the side-
walk which. is on Town property. He also said that the proposed sign
would measure 8/2' by 3' and that there is a clear 8Y2' area between the
fence and sidewalk. Selectman Palumbo moved that the matter be taken
under advisement. Chairman Lowe seconded the motion and stated that
when the Board had reached a decision after consulting Mr. John Tra-
vers, Highway Surveyor and Mr. David Caldwell , Building Inspector,
they would notify Mr. Papadopolous of their decision.
Patrolman Richard Casey requested on behalf of the Police Department
a meeting with the Board of Selectmen on Wednesday, January 3, 19791
in the evening regarding collective bargaining. Chairman Lowe said
that the Board would meet with them for this purpose after the Depart-
ment Head Meeting which is scheduled for the same evening at 7: 30 F.M.
Police Chief Andrew J. Tuney, III gave Chairman Lowe the written res-
ignation of Dennis Dow from the Newbury Police Department to be effec-
tive on January 1; 19?9 in order to return to a Civil Service position
on the Amesbury Police Department and he said that he presented it
with deep regret. Chairman Lowe congratulated Dennis Dow on his new
position U.rith the Amesbury Police Department and Selectman Palumbo
also wished him good luck. Chairman Lowe moved that the Board accept
Dennis Dow' s resignation and Selectman Palumbo seconded the motion,
both with deep regret.
Police Chief Andrew J. Tuney, III requested the Board of Selectmen to
reappoint George L. Reil as Police Sergeant. Selectman Palumbo made
a motion that George L. Reil be appointed for a 3 year term to expire
on June 30 , 1981 on the recommendat=i..on of Chief Tuney as well as his
own and , in his opinion, George Reil has done a fine job and given an
excellent performance in his duties as Police Sergeant. Chairman Lowe
7
SELECTMEN' S MEETING DECEMBERk26 , 1978
seconded the motion also commending George Reil as an excellent
Police Sergeant.
Chairman Lowe stated that Selectman Palumbo had been invited by
Paul C. Barber, President of Massachusetts Selectmen' s Associa-
tion, to serve on this year' s Legislative Committee and that Se-
lectman Palumbo had accepted this appointment deeming it an honor
and a privilege to do so. Chairman Lowe wished Selectman Palumbo
good luck.
At 8:00 P. M. a Hearing was held on a. dog complaint from Dog Of-
ficer, Dick Cunningham, regarding dog belonging to Frank Breton,
58 'Main Street, Byfield. Mr. Cunningham delivered in hand a let-
ter to Or. Breton on December 22 , 1978 at 6: 35 P. M. informing him
of the Public Hearing to be held on December 26, 1978 at 8:00 P. M.
regarding the restraint or disposal of this dog. Mr. Breton was
not present at the meeting due to the fact that he was working but
Miss Linda Cavalie was there to represent him. The witnesses namely,
Richard Cunningham, James Cunningham and Linda Cavalie, were sworn
to tell the truth by Town Clerk, Ralph Lowell. Dick Cunningham told
the Selectmen that the dog was a nuisance when he was inthe Byfield
School Yard bothering the little children that are in the first and
second grades by playing too rough and that he was afraid they were
going to be hurt. Fie said that Irene O'Brien, a neighbor of Mr. Bre-
ton' s , called him on September 25, 1978 about a stray dog in the
neighborhood. The people who moved in next door to her brought the
dog with them and said it was licensed in Beverly but could not pro-
duce a license. He told Mr. Breton that he would have to license the
dog. On October 18 , 1978 he got a call about the dog and his son,
Jim, picked him up at the Byfield School Yard with no tag. On Octo-
ber 20 , 1978 the dog as licensed. On October. 23, 1978 Mr. Breton
paid 2 days board and got the dog back. Then Mrs. Purinton, a Teacher
at the Byfield School , called him about the dog and Mr. Breton was un-
cooperative when he spoke with him and told him that , if he did not
keep the dog at home , there would be aomplaint. He kept him in for
quite a while. Then he got another call about the dog from Mrs. Pur-
inton and the Police called him about a little girl who was bitten by
the ,dog. He went to the Byfield School Yard and waited until noontime
when the dog came out and immediately bothered the kids. He took the
dog to its home but there was no one there so he took it home with him.
It was December 19, 1978 before he could get hold of Mr. Breton or Miss
Cavalie. On that day he saw Miss Cavalie and told her to go down to
his house to get the dog and that he had already signed a complaint on
December 15, 1978 to the Selectmen regarding the dog. Dick Cunningham
said that the dog is very playful and too rough with little kids. He
said that the dog can' t be in the School Yard because somebody is go-
ing to get hurt. He also said that he would recommend restraint with
the approval of. the Selectmen only during the hours that school is in
session. Miss Cavalie had no objection to this and said that the dog
is only a puppy and does jump over people and things, although she had
k:ep:t' him tied up that day and three little kids were playing with him
and he was all right. Chairman Lowe felt that the dog was not a vic=
ious or dangerous animal and that they should restrain him during the
school hours from Monday through Friday. Selectman Palumbo felt the
same way. Mr. Cunningham also said that Mr. Breton has 10 days to ap-
peal the Board' s decision if he wishes to do so. Selectman Palumbo
moved that the dog be restrairred during school hours Monday through
Friday and Chairman Lowe seconded the motion. The Hearing was closed
at 8:12 P. M.
At 8:15 P. M. a Hearing was held oii the application of Charles R. Pil-
cher d/b/a Pilcher' s Beachcomber to transfer Liquor License to Diane
C. Smith, said Hearing having been scheduled for last Selectmen' s Meet-
ing two weeks ago which had to be postponed until tonight because of
Mrs. Diane C. Smith being unable to attend because of car trouble.
She was present with her Attorney, Ignatius Piscitello , representing
her. He stated that there was a previous application to transfer this
Liquor License last July to Mrs. Smith' s Husband, Lemuel Smith, but
since that time there has been an agreement between them that he would
give her his assets. Therefore , he asked the Selectmen to withdraw
9
SELECTMEN' S MEETING DECEMBER 26, 1978
this application. Selectman Palumbo moved that the application be
withdrawn that was made by Lemuel Smith and Chairman Lowe seconded
the motion. Attorney Piscitello then said that as there was a late-
ness in notifying the abutters , he had them signify their intention
to be in favor of it in writing. Chairman Lowe said that the appli-
cation was made out properly and asked if there were any comments
and Mr. Pilcher stood up and said that he wanted to transfer this Li-
cense to Mrs. Diane C. Smith.
Chairman Louie moved that the Board together with Mr. Pilcher , Mrs.
Smith and her Attorney, Ignatius Piscitello , go into Executive Ses-
sion. Selectman Palumbo seconded the motion to go into Executive
Session for the purpose of discussing personalities involved. Exec-
utive Session ended at 8:25 P. M.
Then Selectman Palumbo stated that after having had an oppurtunity
to discuss a personal matter with Mrs. Diane C. Smith and her Counsel ,
he moved that the Newbury Board of Selectmen grant the Liquor License
to Diane C. Smith and Chairman Lowe seconded the motion. Chairman
Lowe then gave a written complaint about the noise to Chief Andrew J.
Tun.e�, III so that he could take care of this matter. The Hearing was
closed at 8:25 P. M. '
John Travers , Highway Surveyor, spoke about the drainage problem that
Mr. Mahoney has on Plum Island. Chairman Lowe said that as soon as
the Board gets some money from the State, we' can take care of that
problem. John also said that our snow money is in good shape.
Chairman Lowe then read a letter from John Travers dated December 21 ,
1978 to Mrs. Mary Kelly of .14 Riverfront answering her complaint of
existing conditions on Riverfront. He stated that Riverfront is a
private road and public funds cannot be spent on it. Chairman Lowe
said that Mr. Travers was correct and that Riverfront is not an ac-
copted road. All we can do is to plow it and sand. it.
Chairman Lowe read correspondence from John J. Quigley of the County
Commissioners Office dated December 19, 1978 regarding a Public Hear-
ing on proposed uses for general revenue sharing funds to be received
by the County during the 1979-80 fiscal year to be held on January 16 ,
1979 at 3:15 P. M. in their Hearing Rooms at 32 Federal Street, Salem ,
Mass.
Richard Cunningham said that the Conservation Committee had received
a Notice of Intent from the Department of Public Works regarding Cen-
tral and School Street and that maybe they are going right ahead. He
said that there is only the section from School Street to Central
Street. -
Chairman Lowe then read a letter from Richard M. Gladstone , Executive
Director of the Merrimack Valley Planning Commission to him dated De-
cember 21 , 1978 relative to the various communities being active in
their support of the Transportation Policy Advisory Group who give ad-
vice on transportation-related matters.
The meeting was adjourned at 8:40 P. M.
spectfu?Ma*rte
itted ,
M .rion E. ,
Selectmen' s Secretary
11
SELECTMEN'S MEETING
JANUARY 9, 1979
The Selectmen' s Meeting of January 9, 1979 was called to order by
Chairman Lowe at 7: 30 P. M. with Selectman Palumbo present. Se-
lectman Knight was absent as he was still on vacation. The min-
utes of the previous meeting were read by the Secretary and were
accepted.
Mrs. Susan Sarney of Hanover Street , Newbury asked the Selectmen
for their approval to put on an additional three rooms and bath-
room into the existing septic system which has a 1 ,000 gallon tank.
She showed the Selectmen the Permit that she had obtained from a
Plumber. Selectman Palumbo told her that she should go to a Reg-
istered Engineer in order to have him state that the existing sep-
tic system will take care of this new addition and bring it into
the Selectmen' s Office. He also said that the system should be up-
dated according to Code.
Chief Andrew J. Tuney, III presented a letter to the Board of Se-
lectmen dated January 2 , 1979 regarding a complaint of excessive
noise that he received concerning the Beachcomber on Plum Island
He sent Sergeant Reil to investigate this and he asked the owner to
quiet down the noise and the Owner agreed to do this. However,
Chief Tuney said that his Officers told him that the noise coming
from the Beachcomber when the Band was present, was no more than
'moderate and could not be considered a public nuisance or disturb-
ance. Mr. and Mrs. Jaskolka of Plum Island told Chief Tuney and the
Selectmen that the noise was so loud coming from the Beachcomber that
they could not sleep or watch Television. Chief Tuney told them that
he would check on the Beachcomber every Friday night to :check the
noise. Selectman Palumbo said that they should sit down with the
Owner of the Beachcomber to see if he would be willing to put on an
Auxiliary Police Officer for weekends. Chief Tuney told him that the
Owner did not think that an Officer could control the noise but that
he was thinking of putting soundproofing in the building or eliminat=
ing the Band. Chief Tuney told him that he would consider this sug-
gestion. Mr. and Mrs. Jaskolka aloo old Chief Tuney and the Select-
men that they were parked in by cars belonging to customers of the
Beachcomber but the Chief told them that 'there was also a party going
on down there last weekend and those cars belonged to the people at
the party.
Chief Tuney then gave the Selectmen a copy of the written resignation
of Francis J. Fournier as a Part Time Police Officer for the Town of
Newbury dated December 31 , 1978 effective as of that date. Chairman
Lowe said that it had al�bead33 been accepted.
Then Chief Tuney informed the Selectmen that Richard R. Rocco had
given him his written resignation as a Part Time Police Officer for
the F own of Newbury dated January 6, 1979 to be effective as of Jan-
uary 13, 1979 and asked the.'-Cfiief t..o j.resent same to the Selectmen
which he did. The Chief said that Officer Rocco would not go to the
Police academy and therefore , had given his resignation to the Board.
Chairman Lowe made a motion to accept his resignation and Selectman
Palumbo seconded the motion making-_it -unanimous:
Chief Tuney requested the Board to make application with the Lawrence
CETA Office to reopen the position recently vacated by Dennis W. Dow ,
a Police Officer for the Town of Newbury and also to apply to them
for a Full Time' Police Dispatcher through the CETA Program. Chairman
Lowe told the Chief that he would call CETA Office about this matter
as soon as possible.
Highway Surveyor , John Travers , informed the Selectmen that on that
day while they were patching on Scotland Road , they had three instan-
ces of excessive speed of traffic and that Bruce Ilsley and Bob Chat-
igny refused to go over there and do any work..unless they had police
protection or radar to slow down the traffic , or , John said that he
could go out there with a special' permit to slow down the traffic.
He said that he could not call the Police Department because it way
13,
SELECTMEN' S MEETING JANUARY 9, 1979
so late in the afternoon. Chief Tuney said that if he were notif-
ied , they would be very glad to use the radar.
Mr. Curtis Walton of the Planning Board said that the position for
Secretary to the Planning Board is open but that they won' t fill it
until the CETA Funds are available. He also told the Board that the
money to repair the Round School is in and he will go over it with
the Selectmen and he might have to work with the Finance Committee ,
also.
Curtis Walton then asked about the Area Housing Opportunity Plan
(AHOP) and stated that they need a Merrimack Valley Planning Repre-
sentative in this matter. Chairman Lowe told him that he had a tel-
ephone call from Evelyn Murphy of the Coastal Zone Management and he
had referred her to Curtis Walton and she was going to call Curt
early in the evening. She also informed Chairman Lowe that there had
been opposition in Ipswich and he told her that the Newbury Board of
Selectmen had apporved this matter. Curt Walton told the Board that
the HUD Grant is 90% and that they had hired Bruce Tushida and that
we can get another 95 points but we haven' t let out many contracts in
Town. Selectman Palumbo told him that all the contracts that the Town
had let out were in the Minutes and that John Travers could give him
a ball park figure. Curt Walton said that the Joint Proposal is al-
most done. Chairman Lowe said that they are thinking of increasing
Oakridge Elderly Housing or building a new one. Selectman Palumbo
moved that the AHOP be accepted and Chairman Lowe seconded the motion.
Chairman Lowe read a communication from Sherman Eidelman of the De-
partment of Public Works to him dated December 27, 1978 regarding the
problem of motorists wishing to enter Elm Street from Route 1 South-
bound. He stated that their Traffic Engineer is preparing a sketch
showing the proposed changes which will be presented to their Mainten-
ance :Forces for evaluation, and thanking the Selectmen for their in-
terest in Highway Safety. Chairman Lowe told John Travers that, hope-
fully, they will get a much safer turnoff on Elm Street to Route 1.
Selectman Palumbo made a motion that there be a street light at the
intersection of Elm Street and Route 1 but Chairman Lowe said that
they had better wait until the turnoff was made before we do this.
Then Curtis Walton presented a Request for Transfer from the Reserve
Fund of $$500.00 for the Planning Board' s Expenses, Supplies and Ad-
vertising as follows:
$250.00 for Administrative Expenses, $100.00 for Advertising,
$100.00 for Sundry Supplies and Expenses and $50.00 for Tape
Recorder.
He told the Selectmen that he thought tape recroders would be the
coming thing at Open Meetings. Selectman Lowe and Selectman Palumbo
told him that they would approve this Request for $450.00 but that
the tape recorder should be depleted. Chairman Lowe stated that if
the Board allowed the Planning Commttee to purchase said tape recorder,
all the Committes,would want one. Charles Waterman informed Curt Wal-
ton that he had a tape recorder and. would be willing to let the Plann-
ing Committee use it.
Chairman Lowe read a letter to the Board of Selectmen from Mr. and Mrs.
Arthur Browne of 9 Rolfe' s Lane , Newbury dated January 9, 1979 regard-
ing Ralph Lowell' s fire damaged barn stating that it is a fire hazard
because it is threatening their home and that of their neighbors , Phy-
llis Pike and John McDonnell and is a probable health menace because
r of the terrible odor froth the buent wood that goes into their homes.
It also stated that they had spoken to Mr. Lowell about this matter
but nothing has been done about it. Ralph Lowell said that he had no
settlement from the Insurance Company and until he does, he proposes
to do nothing about it. Until an adjustment has been made by them ,
he roes not want to move anything in the barn because he must substan-
tiate his claim. He said that he had called his Insurance Company just
t pis week. Chairman Lowe suggested that he call them and inform them
15
SELECTMEN'S MEETING JANUARY 9, 1979
that there has been a complaint against him in writing to the Board
of Belbetmen regarding this matter. Selectman Palumbo stated that
he thought a letter from the Board of Health should be sent to the
Insurance Company about this complaint. Ralph Lowell said that he
would contact his Insurance Company Wednesday morning and , if they
do not do anything about it. the Selectmen could write a letter to
them.
Chairman Lowe then read a letter to the Board of Selectmen from Mar-
tin E. Fay, Clerk of Board of Fire Engineers of Town of Newbury, da-
ted December 27 , 1978 regarding their election of David Foley as Cap-
tain of Newbury Fire Department Protection Co. 112 to replace Gordon
Taylor who had given them his resignation and had requested them to
fill this vacancy by electing David Foley for this position. There-
fore , the Board requested that the Board of Selectmen make this ap-
pointment as soon as possible . Ralph Lowell stated that he had not
received Gordon Taylor' s resignation as yet. Chairman Lowe moved that
David Foley be appointed as Captain of Protection Co. #2 to replace
the term of Gordon Taylor which will expire on June 20, 1979. Select-
man Palumbo seconded the motion making it unanimous.
The Selectmen signed License for Keith P. and Marguerite A. Walton,
it being a Retail All Alcoholic Package Store License.
Chairman Lowe drew the following persons for Jury Duty on February 5,
1979 at Salem:
Paul A. Munier, 69 Elm Street, Byfield
John H. McKeown, Brock Avenue , Plum Island , Newbury
Selectman Palumbo drew the following persons for Jury Duty on Febru-
ary 5, 1979 at Lawrence:
Joseph D. Rolfe , Jr. , 123 High Road , Newbury
Vernon A. Hoyt , 105 Orchard Street, Byfield
Chairman Lowe said that he had talked to Carolyn Ingles of the Dis-
aster Relief Funds and informed her that we have received to date
something a little less than-75% and have been quite anxious to re-
ceive these funds because the flooding problem on Plum Island Boule-
vard is part of that area to be funded by that money. She informed
him that she was working hard on it and we could expect to get the
$15,000.00 which will be just about enough to pay for Thurlow' s
Bridge. They were going to inspect it but then changed their minds
and.aaid that they would inspect it when all the work is completed.
As far as overrun is concerned , we cannot expect to get any overrun
on this until we are flat broke but we still have $1 ,500.00. He
doesn' t expect any money until everything is expended and taken care
of. The flood damages on Plum Island because of the 1978 Blizzard
were approved,Chairman Lowe said , by the New England Division of the
Corps of Engineers as stated in letter to him from Howard Shaevitz ,
Public Engineer, of Schoenfield Associates , Inc. dated January 4,
1979. Chairman Lowe further stated that we do expect sometime in the
future to get the comfort station and the drainage on Plum Island.
John Travers said that the original survey amounting to $98.000.00 had
been completed for sometime. There was a mistake in each one of them
and Carolyn Ingles is working on this together with Ann Whittaker of
Department of Community Affairs. John Travers said that the pumping
involved 2 men for 12 hours which happens on Plum Island when we have
a severe rain. Selectman Palumbo said that John Travers should work
out all the preliminaries and when we get the funds , we can get right
to it.
The meeting was adjourned at 8:25. P. M.
Respectful1 omitted ,
Gt;�nJ
.M rion E. Martel ,
Selectmen' s Secretary
I
17
DEPARTMENT HEAD MEETING
JANUARY 16, 1979
There was a good attendance with nearly all of the Department
Heads present.
Chairman James A. Lowe opened the Meeting held at the Newbury
Town Hall at 7: 35 P. M. with the statement that this was the
second of the Department Head Meetings to be held in the Fis-
cal Year. He said that they have been held because it has been
felt that it has been a valuable asset to the Town and to the
Finance Committee in watching how the Budget was being handled
and to recommend that 'transfers be made, if need be. After tak-
ing a poll of the people to see how they felt about it , Chairman
Lowe said that they all seemed to think it was to a great: advan-
tage to the Town to have these Meetings.
Chairman Lowe reported that the Moderator' s Salary, Selectmen' s
Salaries, Selectmen' s Expense and Selectmen' s Secretary Accounts
are pretty well in hand.
_ Keith MacNutt reported that the Auditor' s Salary seems to be all
right and made no comment on his Expenses but did request a new
File Cabinet if the Budget would permit it. P:olideChief Andrew
J ,-Tuney, III stated that he had a File Cabinet in the Police De-
partment that he was not using and that he could have it.
Chairman Lowe said that he was informed that the Treasurer' s and
Collector' s Salaries together with Expenses were in good shape.
Henry Becker reported that the Assessors did not have any financial
problems.
Legal Service is pretty well expended Chairman Lowe reporrted but he
did not anticipate any more legal problems in the near future.
Ralph Lowell , Town Clerk, reported that he has used almost all of
his expense money but he didn' t anticipate any problems. He fig-
ures his Budget closely but because of the increase-in postage and
having to do more mailing all the time , he will have to think of
more money next year but right now, he reported, he is all right.
The Town Clerk also reported that as far as the Registrar of Voters
are concerned , their expenses are all pre-established as far as ex-
penses go and they felt that if they are careful , they will have
enough money there.
Ferdinand Terranova reported that the Personnel Board has no finan-
cial problems.
Zoning Board of Appeals seem to be in good shape.
Curtis Walton of the Planning Board reported that they had asked the
Board of Selectmen and Finance Committee at the Selectmen' s Meeting
held last week on January 9, 1979 for an increase in the Budget be-
cause of Expenses, Supplies and Advertising , Etc . He said that they
try to stay within their Budget but it is costing more money than
they aniticipated. Chairman Lowe asked him where the $200.00 listed
in their Budget came from -nd Curtis Walton said that there was some
confusion over this money. He said that every time a Subdivision is
submitted to the Planning Board , they require 5100.00 to cover expen-
ses and a Public Hearing but the two $100.00 checks were made out to
the Town of Newbury and were being held by the Treasurer , so that it
looked as though they were overdrawn. This money was , .however, for
advertising but it was not mailed to the newspaper. Keith MacNutt
stated that the Planning Board was still overdrawn as far as he was
concerned. He further stated that perhaps there should be another
account for expenses incurred on specific projects by the Planning
Board. Curtis Walton further said that this is a very important prob-
lem to solve now as to whom will administer the subdivision rules and
regulations because they intend in the future to use part of the funds
and they will be extensive like $100.00 per. Lot. Selectman Palumbo
thought that he should check with the Town Counsel. David Caldwell,
1.9
DEPARTMENT HEAD.'1`TEETTNG JANUARY 16, 1979
Building Inspector, thought that this money should be handled as
a Planning Board expense or be incurred by the Subdivider, but Se-
lectman Palumbo stated that this might be a tax burden and that they
would have to go over this thing very closely. Curtis Walton said
that they are doing this now and he also thought that this money
should be put in a separate account for the present.
Chairman Lowe reported that the Historic Commission Expenses are
very low because of repairs made on the Benedict Arnold Monument
with perhaps a balance of about 1150.00 at the present time.
Reverend Frank Cutter, Chairman of the Council on Aging, reported
that there is a balance of $480.27 in their Budget which he thought
would be sufficient.
Richard Cunningham reported that the Conservation Committee is in
good shape. There has been more money turned over to the Town than
was appropriated.
Town Halls Maintenance Expense is working well so far as we are about
halfway through the year.
Town Halls Equipment hasn' t been touched yet. When Keith MacNutt
asked Chairman Lowe if he could buy a File Cabinet and take the money
from this Account , Chairman Lowe said that he thought it would--be
all right to do this if Keith did not obtain one from Police Chief
Tuney as this is what-'this Account is used for. Ralph Lowell suggest-
ed that perhaps we could get some Microfilm Equipment and pay for it
from this Account. Chairman Lowe told the Secretary that they should
investigate this matter. Fire Chief , Wallace Pearson, reported that
the Fire Alarm System for the Town Hall was being looked into.
Town Hall Renovation and Town Hall Administrative Service seem to be
holding up pretty well.
Keith MacNutt reported that the Insurance bills for the Town Hall will
wipe out all the Insurance Account but he thought that the Budget
would be adequate with possibly some credits coming to the Town.
Blue Cross and Blue Shield might reed some money because of. the in-
creases on same.
Employee Life Insurance seems to be all right.
Police Chief Andrew J. Tuney, III said that the State Law requires his
Officers to be trained before they could take the cruisers and this
was not in the Budget. However, at this time for each Officer, it
comes to $336.00 in the black but that does not include overtime or
any storms. But with no immediate emergency expenses, they seem to
be within their Budget as it is given.
Chairman Lowe reported that School Safety Zones will have to be ad-
vertised, but will be taken care of in the future, for Bids.
Richard Cunningham, Dog Officer , reported that he is in good shape but
that there was an error in the balance of his Account and that it
should have read $1 ,055.00 instead of $155.00.
Fire Chief Wallace Pearson,reported that Fire Protection is going to
be 0. K. and that if the Spring is as good as the Fall , they are going
to have some extra money left.
Fire Engineer Verne Noyes said that the Forest Fires Account is in
good shape and that Permits are available as of January 15, 1979 until
March 15, 1979 to burn trash.
Fire Company Radio and Hose has a balance of 1639.00 Chairman Lowe re-
ported and Fire Alarm Maintenance is in good shape.
Chairman Lowe reported that Ambulance Service is a fixed charge and
that Carleton Ambulance bills us every month but. Byfield hasn' t billed
21
DEPARTMENT HEAD MEETING JANUARY 16, 1979
us as yet. Wallace Pearson said that they did not bill the Town
because the Town didn' t have any money at the time but they will
bill us.
Lifeguards on Plum Island seems to be all right and the Hydrant
Service is a fixed charge. Civilian Defense is also a fixed
charge.
David Caldwell , Building Inspector , reported that expense of the
telephone is shared between himslef and the Council on Aging but
he anticipates that this will run more than is appropriated in the
Budget as it is available to everyone and that there have been
calls made that cannot be accounted for by either himself or the
Council on Aging.
Moth Control seems to be in good shape it was reported and the Tree
Warden, Robert Colby, also stated that his Account is 0. K. The
Dutch Elm Disease Control has a good balance in that Account but
the Web Worm Control is overdrawn $36.25. Curtis Walton asked Rob-
ert Colby what the Town does with the wood when it is cut down and
Mr. Colby told. him that the Town would give it to the Townspeople
without any cost but that they don' t deliver.
Chairman Lowe reported that the Board of Health is going very well.
This takes care of the Facility on Boston Road in Newbury and the
collection of rubbish on Plum Island in the Summer. Richard Cun-
ningham told Chairman Lowe that he should receive money from this
Account but has not as. yet and Chairman Lowe told him to put in a
voucher for it.
John Travers, Highway Surveyor_ , reported that he owes for a Traffic
Counter of $759.17 which has to be paid by the State and he also
owes for trading a Backhoe of $4500.00 which will have to be paid
with money to be transferred at a Special Town Meeting out of the
Road Machinery Account. He also slid that the Comfort Station had
been approved by the Disaster Relief and that there will be another
additional check for the amount of 458 ,023.19 coming to the Town
which will go into the Reserve Fund. and be reappropriated. He will
need money for materials for patching before July. The 126 ,000.00
is on a committment we still have to pay to Merrimack Paving Corp. ,
etc.
Town Garage Maintenance is all right and Truck Maintenance is all
right for now, John Travers reported, but before July he thought it
would fall short , as almost $2 ,000.00 was spent on repairs to Cen-
tral and School Streets. He also reported that Snow Removal , High-
way Labor and Street Lights were 0. K. but Highways Chapter 356 has
all been used on Rolf e' s Lane , Hanover Street and Elm Street. The
Drainage Pipe Account is also all gone.
Harbormaster Expense seems to be 0. K. as well as Veterans Services.
The Town Library seems to be all right but , Chairman Lowe stated ,
that they will have to take care -of the expense of having their sign
repaired. themselves. Ruth Yesair reported that the Trustees of the
Library considered leaving the sign down but, thanks to John Travers ,
it has been put back up. She also reported that the Library is do-
ing the Children' s Room over with a Federal Grant which did not cost
the Town anything, but they will need an extra Librarian next year
and that room will have to be heated also. Chief Tuney told her that
two of the young men in the Town owed the Police Department over 40
hours and , if the Library. could use them , he would be glad to put
them to work there. Ruth Yesair thanked him for his offer.
John Travers reported that the: P-arks are-- all, right,; and-_,_that- by;.the-
Spring; if.',-he.:has some-CETA Yelp-.-h-e=;didn' t think there would be any
problem.
Memorial. Day Account is a fixed rate:
23,
DEPARTMENT HEAD FETING JANUARY 16, 1979
Chairman Lowe-reported that he didn' t know about the Town Reports
because of the cost not being determined where we have the Annual
Town Meeting on the third Tuesday of May rather_ than March.
Fish Commissioner Verne.-Noyes reported that the Clam Flats are do-
ing good now and we are expecting a check from the State. The Flats
are not ready yet to open and that it was unanimous to stay closed
on. Sundays was :also reported by Mr. Noyes.
Cemeteries is being taken care of all right.
Curtis Walton reported that the Master Plan is on schedule and ad-
justments to be made will be cleared up before we get the final bill .
The Reserve Fund will run out of money because of Blue Cross and Blue
Shield.
The Interest Account was hit pretty hard because of late billing of
the taxes as interest had to be paid on interest loans.
The Notes on Bonds Account and the Essex County Retirement Account
are both 0. K.
Curtis Walton asked Chairman Lowe if an expense such as a tape re-
corder has to be taken out of the Account or is an Article. Chair-
man Lowe said that perhaps we could buy a Tape Recorder that would
be used by any of the Committees. He also said that any capital ex-
penditure should be an Article and not be put in the Budget. This
would be a good time to get this information to be put in the Town
Reports , Chairman Lowe stated and that we will be looking for the
Reports from the various Committees for the Calendar Year 1918.
Then Chairman Lowe thanked everybody for coming to the Department
Head Meeting that evening.
The Meeting was adjourned at 8: 35 P. M.
Pespectfull submitted ,
Marion E. Martel ,
Selectmen' s Secretary
25
SELECTMEN 'S MEETING
JANUARY 23, 1979
The Selectmen' s Meeting of January 23, 1979 was called to order
by Chairman dames A. Lowe at 7: 30 P. M. with Selectmen Palumbo
and Knight present. . The minutes of the previous meeting were
read by the Secretary and accepted as amended.
Mr. William Higgins of Highfield Road, Newbury requested the Board
of Selectmen to have a light placed on Pole #17 on Highfield Road.
John Travers said that a snow plow had gone off the road there and
it is a dark area. Chairman Lowe told Mr. . Higgins that he would
notify the Electric Light Company about this matter.
Police Chief Andrew J. Tuney, III requested that the Selectmen ap'uro-T .
prove the Policies and Procedures in the Police Manual. He said that
he felt that the Police Department could be run with more discipline
and order if we adopt Section 243 in the Police Manual. The Police
Manual is the same thing that you have accepted from the Rules and
Regulations from the Police Instttute regarding the discipline of the
Police Department , he said. Chief Tuney also stated that this is a
breakdown of almost any situation that an Officer could come in con-
tact with.
Chief Tuney then stated that he had taken an Inventory and presented
a List'tiof New Purchases made last year, 1978, by the Police Depart-
ment. He said that in order to save money he thought he could put
this in as a one page item. Selectman Palumbo- told John Travers that
he should put together a list of all new purchases , too. Chief
Tuney' s List is on file in the Selectmen' s Office.
Then Chief Tuney read a letter dated January 23, 1979 to the Board of
Selectmen requesting them to study the feasibility of the Town of New-
bury joining the other Communities of Essex County in adopting bind in-
stituting the BAPERN (Boston Area Police Radio Network) CommU.ni.cations
System, enclosing some news clips of this proposal sponsored by the
.Essex County Planner and asking the Board to contact the County Com-
missioners regarding this process. Chief Tuney said that there were
meetings about this system in all the surrounding towns. An Officer
would have immediate assistance from the surrounding towns as this
would be a direct communication on any calli., It would not cost any-
thing out of the people' s pockets , the Chief said, but would affect
the Cherry Sheet. Selectman Palumbo wanted a Memorandum from him as
to why we should enter into :this type of communication. System and what
thesavings would be to the Town of Newbury. Chief Tuney told him that
he would take care of this matter and requested the Selectmen to re-
view and discuss adopting and instituting the BAPERN System which they
agreed that they would do.
Chief Tuney then read a letter to the Board of Selectmen dated January
22 , 1979 from himself requesting and recommending that the Board ap-
point Marjorie D. Emerson as a Full Time Police Officer for the Town
of Newbury for a period ending June 30, 1981 and stating that she is
an invaluable asset to the Police Department as a Dispatcher, Clerk
and Secretary and that she has a vast knowledge of the Town and the
Townspeople and has proven to be and continues to be a tremendous aid
to him during his transition as Chief of Police of the Town. Select-
man Palumbo stated that if we give 3 year appointments in the future ,
we should have something in writing to protect the Town. However,
Chief Tuney stated that he would not normally recommend anybody for. a.
3 year appointment but Officer Emerson has served the Town faithfully
for the past 9 years. Selectman Knight said that she was a valuable
person to the Police Department and Chairman Lowe and Selectman Palum-
bo agreed with him. When Chairman Lowe made a motion that Marjorie D.
Emerson be appointed as a Full Time Police Officer f o± the Town of
Newbury for a period ending June 30 , 1981 . Selectman Palumbo seconded
the motion and Selectman Knight made it unanimous.
27
SELECTMEN'S MEETING __ JANUARY 23, 1979
John Travers, Highway Surveyor, asked who the present Harbormaster
was and Chairman Lowe said that it was Henry Lynch, Jr. John said
that he hadn' t seen him around and that we need a new float and the
old one should not be repaired. John also said that he could get a
set of plans but thought that this should be the Harbormaster' s duty.
He also said that this is the time to do it and it should be built in
the next month or two and that he would help the Harbormaster if he
wanted him to. Then Mr. Travers asked Chairman Lowe what we have for
funds and Chairman Lowe said that there is $300.00 in that Account
which has not been touched. Selectman Palumbo said that he thought
the best thing to do would be to bring this to the attention of the
Harbormaster and find out how we are going to handle it. Chairman
Lowe stated that they would take the matter up with Mr. Lynch and also
discuss where they would get the money to do it.
John Travers wanted to express his thanks to the Byfield Fire Depart-
mentfor not plugging the culvert on Harrows Lane.
Mr. Travers then also said that he had a call from Mr. Pilcher of Plum
Island who had a foot of water in his cellar and he wanted to borrow
or hire the pump to pump it which we could do but John wanted to talk
this matter over with the Board. Selectman Knight said that there are
private rental firms where they could hire a pump. Chairman Lowe sta-
ted that if you give one person the use of anything, you are setting a
precedent. Mr. Travers told him to contact the Fire Department, he
said.
Selectman Palumbo told David Caldwell , Building Inspector, that he had
received a couple complaints about the burned and charred area of Fa-
therland Farm. Chief Tuney said that he thought this was a very dan-
gerous situation as he has seenchildren around there and it is very
near the Triton School. David Caldwell also stated that as far as
Fatherland Farm is concerned, it is unsafe and dangerous. Mr. Cald-
well said that he would start proceedings but that if nothing is done ;
in a period of time , we should follow up on it and take legal action.
Chairman Lowe suggested that perhaps at least a letter should be sent
to the owners of the property telling them that it is a dangerous sit-
uation and see how far that would go as a complaint was entered and
the Building Inspector should go forward with the proceedings. Se-
lectman Palumbo asked what the general policy is that the Board of Se-
lectmen should pursue in this matter and Chairman Lowe stated that if
anyone wants to make a complaint, they should make it in 'writing or
appear before the Board at a Meeting. Selectman Knight agreed but
stated that a health menace was another thing. Selectman Palumbo said
that he would like to have this cleared up for the Townspeople.
John Travers said that he is pumping water from across the parking lot
into Mahoney' s on Plum Island and there is a house on .Annapolis Way
that he is wary of but, up to this time , he has not received any com-
plaints from anyone. Selectman Knight said that this is a very ser-
ious problem as to how to get rid of this water. John said that it is
going into a pit right now on Annapolis Way. Selectman Palumbo thought
that he should sit down with the State Engineer and Town Counsel.
John said that there is no real solu.tion, to this problem. Selectman
Knight suggested that we keep up the way we have been doing and get
those two lots of no value owned by Daubits. John Travers said that
he is willing to sell.
The Meeting was adjourned at 8: 30 P. M.
Respectfully swD.Pitted,
M rion E, Martel ,
Selectmen' s Secretary
29
SELECTMEN'S MEETING
FEBRUARY 13, 1979
The Selectmen' s Meeting of February 13, 1979 was called to order
by Chairman Lowe at 7: 30 P. M. with Selectmen Palumbo and Knight
present. The minutes of the previous meeting were read by the Sec-
retary. and accepted.
The Public Hearing for the opening of Bids on School Safety Zones
on Hanover Street in Newbury started at 7: 30 P. M. Chairman Lowe
read the Legal Notice from the Newburyport Daily News. Selectman
Knight opened the Bid from Traffic Systems, Inc. of Clinton, Mass.
which was for the amount of $5,900.00. Then Selectman Palumbo . -
opened and read the Bid from Healy Bros. , Inc. of East Weymouth,
Mass. which was for the amount of $5,260.00. Chairman Lowe opened
and read Bid from Metropolitan Signal Corp. of Chelsea, Mass. which
was for the amount of $3,614.00. Selectman Palumbo moved that the
Board take the matter under advisement. Selectman Knight seconded
the motion and Chairman Lowe made it unanimous.
Cheryl Breen and Harold Bragg, Staff Members of the Water Quality
Program of the Massachusetts Valley Planning Commission, discussed
general areas of concern that they have found in their study of wa-
ter quality, one on Industrial Waste and one on Septic Systems. She
presented a List of Industries located in Newbury and asked the Se-
lectmen to look at them and comment on Industrial Waste. The Select-
men told her that there was very little waste from these Industries
as most of them would not use more than an average family. He asked
the Selectmen several questions regarding Septic Systems such as in-
stallations, etc. The Selectmen informed him that the Town of New-
bury is under a Septic System and is now operating on Title V Sani-
tary Code. Mr. Bragg then presented an Owner' s Manual on Septic
Systems to the Selectmen and gave them several copies of same for
distribution to the Townspeople and informed the Board that if they
wanted morb, they were available at no charge.
Dr. Henry Trainor, Superintendent of Schools, stated that the School
Committee had a survey done on the repairs to the Round School Roof
and that they had the full survey there. The total estimate he said
was about $133,000.00. _ However, he also stated that Keith Walton
was trying to get another estimate but the School Committee, as well
as the Consulting Engineers, thought that the entire roof should be
done as the School is 28 years old. After much discussion, Dr. Train-
or asked the Board if they would arrange a meeting with a representa-
tive from the Farmers Home Administration to discuss any alternatives
for financial aid to repair the said School. The Selectmen said that
they would set up this meeting and would be waiting for their recom-
mendation and requested the Secretary to get in touch with them on
this matter.
Mr. Ralph Chase of Montgomery Park in Newbury complained to the Se-
lectmen about water .from the pond coming into his cellar and that
someone has been dumping onto his property. Chairman Lowe stated that
they would investigate this situation. Selectman Palumbo moved that
the Selectmen meet with the Highway Surveyor concerning this matter
and the vote was unanimous.
Mr. Mark Lyons from Lynn and Nancy Mitchell informed the Board that
they were in an accident on Central. Street in Byf ield between Larkin
Street and Orchard Street on February 9, 1979. He said that his car
was totaled in the accident and that the road was a mess being full
of pot holes and he thought that this was the cause of the accident
because he said he was only_-,going about 30 miles per hour. He thought
that something should be done about the condition of this road. The
Selectmen informed him that there are frost heaves in the winter and
that they could not control the weather. Chairman Lowe said that this
road is going to be totally rebuilt by the State and that he would
suggest. that anyone travelling over this road should proceed at a
reasonable rate of speed. Mr. Lyons then said that he thought that
there<;could should be a sign there so that people would proceed with
caution.
31
SELECTMEN'S MEETING FEBRUARY 13, 1979
Selectmen Knight stated that the Massachusetts Electric Company were
supposed to have placed. a light on Pole #22-9 on Lowe Street in New-
bury but they informed him that they had received no letter regard-
ing this and they would need a letter from the Selectmen in order to
install this light. Chairman Lowe said that this matter would be
taken care of.
Chairman Lowe then read a letter from Robin S. Blair, President of
the Kiwanis Club of Newburyport requesting permission from the Town
of Newbury to travel the roads in Newbury for a race to be held on
Saturday, June 9, 1979. Chairman Lowe then made a motion to approve
this subject to Police protection and safety measures. Selectman
Knight seconded the motion and Selectman Palumbo made it unanimous.
Then Chairman Lowe read a letter from Malcolm and Marion Andrews of
6 Fruit Street in Byfield requesting permission for the use of the
Town Hall in Byfield on Monday, March 11, 1979, to celebrate their
65th Wedding Anniversary. Selectman Knight moved that permission be
granted them for the use of this Town Hall and vote was unanimous.
Selectmen requested Secretary to write letter of congratulations and
best wishes to them.
Chairman Lowe said that John Travers had a bad cold and was unable to
be there at the meeting and Chief Tuney also was absent as he had just
become the proud Father of a baby girl and was very busy at home. Se-
lectmen requested Secretary to send card of congratulations to him and
his family.'
.A letter from Police Chief T'uney dated February- 8, 1979 addressed to
the Board of Selectmen was read by Chairman Lowe requesting and recom-
mending that the Board appoint Andrew Avelis, Jr. and Richard S. Thur-
low as Reserve Officers for a six month term and Sharon McCarthy as a
Police Dispatcher. Chairman 'Lowe made- a motion to appoint Andrew Av-
elis , Jr. , Richard S. Thurlow and Sharon McCarthy for a term ending
June 30, 1979. The vote was unanimous.
Chairman Lowe read resignation bf .Muriel- Knight from the Personnel
Board to be effective on February 13, 1979, Chairman Lowe moved that
the Board accept the resignation of Muriel Knight with deep regret and
the vote was unanimous.
Then Chairman Lowe read resignation of Ferdinand A. Terranova from the
Personnel Board, also, to be effective on January 23, 1979. Chairman
Lowe moved that the Board accept the resignation of Ferdinand A. Ter-
ranova with deep regret and the vote was unanimous.
The Meeting was adjourned at 9:10 P. M.
4Ma
lly ,rion E. Martel ,
Selectmen' s Secretary
February 16, 1979
Drawn for Jury Duty at Lawrence for March 5, 1979:
June D. Robinson, 25 Middle Road , Newbury
Drawn for Jury Duty at Salem for March 5, 1979:
Joseph S. Vangile, 22 Riverfront, Newbury
Carolyn M. Dondero, 8 Oak Terrace, Byfield
�l
SELECTMEN'S MEETING
FEBRUARY 27, 1979
The Selectmen' s Meeting of February 27 , 1979 was called to order
by Chairman Lowe at 7: 30 P. M. with Selectmen Palumbo and Knight
present. . The minutes of the previous meeting were read by the
Secretary and accepted.
Mr. Roy Nixon of Plum- Island informed the Selectmen that he had
recently purchased the Bait & Tackle Shop on Plum Island Turnpike
formerly owned by Capolupo, and requested permission from the Board
of Selectmen to make it a light take out service of fish and chips
along with a retail fish operation and would not be changing the
building thereon. Selectman Knight statedthat it was not in the Se-
lectmen' s jurisdiction to grant this permission and moved that this
request be denied and that Mr. Nixon be referred to the Zoning Board
of Appeals. Selectman Palumbo seconded the motion and Chairman Lowe
made it unanimous. The Board will send a letter to Mr. Nixon to
that effect.
Chairman Lowe read letter to the Selectmen requesting one day li-
quor permit for their 13th annual Firemen' s Ball at Governor Rum-
mer' s Academy on March 10, 1979 from Martin E. Fay, President of
Protection Company #1. He then read a letter to the Selectmen also
requesting one day liquor permit for their Firemen' s Ball at Governor
Rummer' s Academy on March 24, 1979 from Joseph Rearson, Chairman of
Firemen' s Ball Committee , on behalf of Erie 4, Fire Department of
Georgetown. Chairman Lowe moved that these liquor permits be granted
on those dates and that the Board waive the fee where they are
civic operation and have done so much for the Town of Newbury, and
the vote was unanimous.
Chairman Lowe stated that he had received a call from Lew Newman of
the Executive Office of Consumer Affairs regarding the Flood proof-
ing Program Meeting that was to be held at the Plum Island Taxpayers
Association on March 11 , 1979 at 8:05 P. M. in order to explain the
Program to the Townspeople.
Mr. George Papadopolous of Howard Johnson' s Restaurant requested per-
mission from the Board of Selectmen to change the location of the
proposed directional sign at the intersection of Central Street and
Kent Way to the opposite side of the street as shown on copy of State
Layout Plan that he submitted to the Selectmen. Selectmen moved that
the Board approve the relocation of said sign. Selectman Knight se-
conded the motion and Chairman Lowe made it unanimous.
The Selectmen signed Form showing the Estimated Temporary Increase of
Summer Population in the Town of Newbury for the Alcoholic Beverages
Commission of 5800.
John Travers, Highway Surveyor, said that Holly Mann of CETA had sent
him eight referrals on that CETA Project that we are going to incor-
porate. However, he said that because of the storm he hadn' t had a
chance to call them down and pick out the ones that he mght1want and
the others will be sent back. He thought that there was a total of
twelve workers to be picked.
John Travers stated that he had received a letter from Sherman Eidel-
man of District #5 in relation to a contract .-that- was .going to_�be.
awarded and they wanted to know if there are any underground gas ser-
vices on Central and Elm Streets but he said that there are not any.
Chairman Lowe stated that there is a gas line on Howard Johnson' s but
that they won' t be going that way, and that there is only a water main
there.
The Meeting was adjourned at 8:05 P. M.
Respectfully submitted ,
�� �2-�.rsJ
Mar' on E. Ma el ,
Selectmen' s Secretary
35
SELECTMEN'S MEETING FEBRUARY 27 , 1979
March 9, 1979
Drawn for Jury Duty at Lawrence for April 2, 1979:
Leonard W. Whitmore, 71 Central Street , Byfield
Drawn for Jury Duty at Salem for April 2, 1979:
Robert J. Colby, 131 High Road, Newbury.,
SELECTMEN'S MEETING
MARCH 13, 1979
The Selectmen' s Meeting of March 13, 1979 was called to order by
Chairman James A. Lowe at 7: 30 P. M. with Selectman Knight and Pa-
lumbo present. The minutes of the previous metting were read by
the Secretary and accepted.
R. Barbara Peabody, spokesperson for the Conservation Committee,
said that they are the agents for Donald and Barbara Kent of Kent' s
Way to sell their development rights to the State under the Farm
Preservation Act. She had a form to be filled out by the Conserva-
tion Commission from the State asking them to get the permission of
the Selectmen if they were in favor of this and that their reasons
were and if they were not in favor of it , .they would like to have
their reasons for that , also. Selectman Knight stated that he did
not approve of this and asked Mrs. Peabody if the Selectmen had to
approve it and she told him that the Planning Board had already _
written a letter regarding this matter on behalf of the Kents.
Chairman Lowe told her that he would like to know why the Kents
sold their house and retained this piece of land and that he thought
it was a tax dodge. Chairman Lowe and Selectman Knight disapproved
of this and voted that a letter be sent to that effect to the Conser-
vation Committee. Mrs. Peabody informed tham that this letter had to
be sent in by April 16, 1979 which they agreed to do. However, Se-
lectman Palumbo did not vote in disapproval of this but stated that
he would like to talk to Mr. and Mrs. Kent to find out why they want
to sell the development rights and stated that he thought the program
outlined by the State, although it did contain questionable areas;-= :.-- ,
seems to be a good program with certain merit and that he would rather
have them sell the development rights to the State than to a Developer.
Mrs. Peabody told Selectman Palumbo that she would give him the Kents'
address so that he could contact them regarding this matter. Chairman
Lowe and Selectman Knight stated that they thought this would cost the
Town mondy regarding the loss in taxes and they would send a letter to
the assessors to that effect. Chairman Lowe and Selectman Knight sta-
ted that they were only concerned about whether or not this is good
for the Town. Mrs. Peabody then stated that she has been in touch
with The Pius Society.-of the. Missionarie.s--of St. Charles Borromeo who
own Fatherland Farm and Curtis Walton also talked to them and they are
going to apply to sell their development rights, too, to the State and
have empowered the Conservation Committee to act for them and she
asked the Selectmen if they would please send a letter on this, also ,
and they stated that they would-do so. She then said that they also
have to ask if there will be any municipal Town participation. Se-
lectman Palumbo asked if the Board' s intent was to give a blanket de-
cision as to whether they oppose it individually or give to each case
on its merits. Chairman Lowe said that you can' t 'show partiality,
that it has to be all or none, and he also stated that that land has
not passed the perc tests for development land.
Donald Grover of Plum Bush requested permission from the Selectmen to
move his Camp and elevate it 3 feet but the problem is with the permit
as the Building Inspector, David Caldwell , is concerned about gray
water but he stated that there would not be any gray water released
r�.
SELECTMEN'S MEETING MARCH 13, 1979
from the Camp as he can drop any water that would be involved in
Morse' s System, and he would like to go ahead and repair it. Se-
lectman Palumbo asked him if this would be a year round proposition
and Mr. Grover told him that :t-:.irould not. He also informed the Se-
Selectmen that there would be nothing that would be released onto
the marsh or anything of that nature. He further stated that he had
been to the State and has their approval and the Conservation Com-
mittee have agreed to the moving of the Camp. He also said that he
would be there during the hunting season and off and on during the
summer season, as it is not a place to live in permanently. The Con-
servation Committee agreed to the State' s Finding but they weren' t
signing it authorizing any illegal dropping of sewerage. The State
rejected the hold tank last time. However, the tank is a chemical
toilet and is portable at the present time. Chairman Lowe told him
that if he put down his proposition in writing, the Board would grant
it , subject to the approval of the State , and inform him of this per-
mission in writing so that he could give this to the Building Inspec-
tor. Selectman Palumbo and Knight agreed to this, also.
Then Selectman Palumbo moved that the Board go into Executive Session.
Chairman Lowe seconded the motion to go into Executive Session for the
purpose of discussing conflict of personalities. Executive Session
ended at 8:28 P. M.
Then the Meeting was resumed and John Travers informed the Board that
Ye;-.thought they should, notify the Conservation Board of Notice of In-
tent on Plum Island.
The Meeting was adjourned at 8: 35 P. M.
espectfully s mitted,
Saion., artel ,
Selectmen' s Secretary
JZY
SELECTMEN'S MEETING
MARCH 27, 1979
The Selectmen' s Meeting of March 27, 1979 was called to order by
Chairman Lowe at 7: 30 P. M. with Selectmen Palumbo and Knight pre-
sent. The minutes -of the previous Meeting were read by the Secre-
tary and accepted as amended.
Chairman James A. Lowe stated that Mr . Donald Grover of Plum Bush
was not able to attend the .Meeting but that he had given the nec-
essary approvals in writing to the Selectmen regarding his problem
as well as everything had been taken care of and that he was in the
clear .
Then Chairman Lowe read a complaint from Mr . John H. McKeown of
Brock Avenue, Plum Island, Newbury, regarding the deplorable con-
dition of certain buildings and shacks on Plum Island and stating
that there should be something done by the Town concerning this
existing situation. Chairman Lowe moved that the Board turn over
this letter to the Building Inspector, David Caldwell, and the vote
was unanimous. Selectman Palumbo stated that he thought David Cald-
well should give the Board a written report on the property men-
tioned in the complaint.
Mr . Howard Dagle appeared before the Board and said that he worked
for the Departmental Management and that he, -.together with the
Federal Refuge, are having an annual cleanup on April29, 1979 with
trucks from various Towns including Newbury and he requested that
the Board help them with the beach cleanup by donating a truck and
any volunteers that the Town might be able to donate. Chairman
Lowe and Selectman Knight together with Selectman Palumbo stated
that they have always been in favor of this cleanup and that John
Travers, Highway Superintendent, would take care of this matter.
John Travers said that most of the sand at Plum Island has been
hauled and dumped at the parking lot on the Island and that they
are ready to start putting it in the different areas on the Beach-
front and he anticipated that he would start next week before the
natives come in and we have traffic to contend with. John asked,
that since it was a storm related affair , whether it would be all
right to charge the Dozer to Snow Removal, and he thought it would
take about 5 days. The Selectmen agreed to this. Selectman Palumbo
thought, however, that he should .check with the Conservation Com-
mittee about dropping the sand. Mr . Travers said that he would do
that.
Mr . White requested some fill. Chairman Lowe said, and he' informed
him if there was any available, that John Travers could drop some
,there if it was any problem related to the Town.
Selectman Knight stated that John Travers has had a hard time during
the winter months to get wood to burn in his stove at the Town Barn
and that it would save the Town a lot of money if the wood that Bob
Colby, Tree Warden, does not give to the abutter, would go to the
Barn to be burned. Chairman Lowe stated that he had called Mr. Colby
to bring down some wood to the Town Garage. Selectman Knight stated
that this coming winter Mr. Colby should bring any wood under 12" not
kept by the abutters to the Barn and Chairman Lowe said that Mr.
Colby had agreed to do this. Selectman Knight said that he would
like a letter to go to Mr. Colby to that effect, but Selectman Pa-
lumbo thought that the Selectmen should have Mr. Colby come to the
next Selectmen"s Meeting in person to discuss this with him and
41
SELECTMEN"S MEETING MARCH 27 , 1979
Chairman Lowe agreed that the Board would have him come to the
next Meeting to take care of .this matter .
Chairman Lowe then stated that the Selectmen had signed the final
papers that night regarding Central Street.
Police Chief Andrew J. Tuney, III spoke about a barn that was
burned and house on Central. Street in Newbury. He wondered if any acti
action had been taken on this matter as he is concerned about the
burned buildings in Town. He wanted to know if the Selectmen would
go along with his suggestion to have these buildings removed at
the owner ' s expense and not at the. Town ' s expense. Chairman Lowe
informed him that the Board has been working on one burned build-
ing for some time and nothing had been done, so that the only re-
course would be for the Town to do it and then collect so that the
Town is a bit reluctant to do. this. He said that some buildings,
bower , are health hazards and Selectman Knight agreed with him.
However, the Chief stated that he was concerned for the public ' s
safety and said that little children are drawn to these types of
buildings and it is a very dangerous situation so that some action
has to be taken regarding this matter . He then informed the Se-
lectmen that he would be presenting _.to the Board a copy of the
law pertaining to this situation.
Then Mr . James Stone of Middle Road, Newbury introduced himself to
the Selectmen and stated that he has been living in Newbury since
1961 and is presently a candidate for the School Committee and
thanked the Board for allowing him to be present at the Meeting.
The Selectmen congratulated him and wished him luck.
The Meeting was adjourned at 8:00 P. M.
spectfully subm' tted,
,OAp,-&e
Marion E. Martel,
Selectmen ' s Secretary
43
SELECTMEN'S MEETING
APRIL 10, 1979
The Selectmen' s Meeting of April 10, 1979 was called to order by
Chairman James A. Lowe at 7: 30 P. M. with Selectmen Palumbo and
Knight present. `The minutes of the previous Meeting were read by
the Secretary and accepted.
Mr. David Moore of Marlboro Street, Newburyport, informed the
Board that he would like to build on his property on Low Street,
Newbury in the Fall but won ' t be able to make it by the first of
June, 1979 at which time his percolation test expires and re-
quested that he be granted an extension of six months. He stated
that it .had been percolated twice and accepted. Chairman Lowe
moved that this percolation test expiration date be -extended six
" months from June 1979 and the vote was unanimous.
Police Officer Richard Casey spoke about the road we call 14th
Street on Plum Islanud which passes between Northern Boulevard
and goes down to Old Point Road which has been chained off with
a steel cable. He said that where it is the last road that goes
through that area, in cases of emergency vehicles such as, fire
engines and ambulances, having to go this way, he was wondering
if, perhaps, the Selectmen could look into opening up that way or
another way. Chairman Lowe stated that it was just a driftway
through there and not an established road. Selectman Palumbo sta-
ted that his parents had sold this property and the new owners have
the right to shut that road off as it was made for just an access
and is not an acceptable road. Selectman Knight said that he was
familiar with the Lay Out and would go down with John Travers to
look over this situation. 'Then Selectman Palumbo moved that John
Travers scout the various possibilities and estimate how much is
involved to make the road a Town accepted way ..and the vote was un-
animous.
Chairman Lowe told Robert Colby that there has been a lot of dis-
cussion regarding wood for the Highway Department and the Board
wondered if he would find it possible to deliver some good wood to
the Highway Barn. Selectman Knight stated that the wood that Mr.
Colby had sent down to the Barn was not good wood to burn. John
Travers, Highway Supervisor, said that he could burn anything 12"
or under and up to 4 ' in the wood stoves at the Barn but the wood
that Bob Colby delivered to the Barn was not good wood. Selectman
Palumbo asked John Travers what the savings would be by burning
Town wood. John told him that the Burner down there uses 21-2 gallons
per hr . or $ 1. 25 per hr. . and that $500.00 was saved this year by
burning the wood stoves. Selectman Knight a.aid that John had to go
to Salisbury to get wood to burn instead of getting it from the Town
and asked Bob Colby where the wood went and Mr . Colby told him that
it was burned in various spots. Chairman Lowe said that he realized
that Mr . Colby is a Town Official and that any wood he cuts is to go
to the abutters if they want it but , if they don' t, and they give it
to him that this amounts to a gift but he thought that Mr. Colby in
a spirit of cooperation would supply the Highway Barn with usable
wood. When he asked Bob Colby if he agreed to this, Mr . Colby an-
swered that the Barn wouldn' t have room for all the wood and John
Travers agreed with him. Selectman Knight stated that if the High-
way Barn received this wood which belongs to them, they would save
$700.00 a month fuel bills. Selectman Knight then asked Bob Colby
to meet him at the Town Barn to look at this wood, of which he showed
him pictures, at 9: 00 A. M. on Wednesday and Mr . Colby agreed to meet
him at that time.
Li
SELECTMEN'S MEETING APRIL 10, 1979
Martin Fay has requested permission from Selectmen to have a
foot road race at 10:00 A. M. on Sunday, April 22, 1979, to be
sponsored by the Fire Department, Chairman Lowe said. Then
Chairman Lowe moved that said permission be granted to the Fire
Department and the vote was unanimous.
Mr. Brown of Plum Island informed the Board about the condition
of 6th Street and said that he had been contacted by a woman
asking him asking him to inform the Selectmen about this road
condition next to the Beachcomber. She was told by the Post-
office that mail might not be able to be delivered there. John
Travers said that he could smooth the road surface temporarily
but he had not been able to do this because we have had so much
rain.
Officer Casey .asked John Travers if he was moving the sand that
was deposited behind the Comfort Station. John said that all of
it has been removed that he hauled in from the roads and side
streets and it was taken to the beach right-of-ways and pushed
out on the beach and that he had just finished that day.
Chairman Lowe and Selectman Palumbo stated that they had attended
Richard Casey' s graduation from the Police Academy in Framingham
and that the exercises were very impressive and nicely done. The
Selectmen congratulated Mr . Casey on his graduation as well as hav-
ing high honors and being the Vice-President of his class.
Police Chief Andrew Tuney told the Selectmen that Officer William
McCarthy' s term expired that evening and he made a recommendation
to have his term expire on June 30, 1979. Chairman Lowe moved that
Officer McCarthy be reappointed until June 30, 1979 and the vote
was unanimous.
Richard Brown spoke on behalf of Plum Islanders from Newbury and
Newburyport to officially inform the Selectmen that they would
like to incorporate their reef (Plum Island) as a Town. He then
read a lengthy statement expressing their desire to be a separate
entity, copy of same being on file in the Selectmen' s Office. Se-
lectman Knight stated that he appreciated their efforts to become
a Township and that other places including Byfield felt the same
way but were denied -by- the Legislature and that he would have to
go through this, also, and Mr . Brown said that they were aware of
that fact. Selectman Knight stated that he believed the people on
Plum Island had always been treated very fairly and that the Se-
lectmen have always tried to be very fair with all parts of our
Town. Mr . Brown said that the Plum Islanders recognize. the Town of
Newbury has done a fine job, but they still want to become incor-
porated as a Town. The Selectmen wished them luck.
Mr . Lawrence O'Brien of 60 Main Street in Byfield informed the Se-
lectmen about a condition that exists on Railroad Avenue property
owned by Chuck Baer who is storing junk cars there and stated that
it is dangerous to his children, and other children as well, and he
would like something done about this matter. He said that he and
his neighbor, also, had spoken to Mr . Baer and he had removed the
cars but the next week they were back there, and that this will con-
tinue if nothing is done about it. Chairman Lowe stated that other
people had complained to him .by phone about this matter and he in-
formed them that they would have to make a complaint in writing but
that he was the only one to make a formal complaint. Selectman Pa-
lumbo moved that this be " investigated by the Building Inspector and
have him make -a written report to the Board as well as the policy in
this matter and the vote was unanimous.
47°
SELECTMEN' S MEETING APRIL 10, 1979
The Meeting was adjourned at 8: 25 P. M.
Res ectfully submitted,
Marion E. Martel,
Selectmen ' s Secretary
SELECTMEN'S MEETING
APRIL 24, 1979
The Selectmen' s Meeting of April 24, 1979 was called to order
by Chairman James A. Lowe at 7 : 30 P. M. with Selectmen Palumbo
and Knight present. The minutes of the previous Meeting were
read by the Secretary and accepted.
Chairman Lowe read a letter from David S. Caldwell, Building In-
spector , dated April 11, 1979, regarding his investigation made
as a result of a complaint brought by Mr. Lawrence O' Brien of By-
field at last Selectmen' s Meeting regarding the property of Mr .
Charles Baer on Railroad Avenue in Byfield. Mr . Caldwell stated
that Mr. Baer owns and uses three registered trucks and conducts
automobile repairs within the garage as well as a rubbish and
trash pickup business. He also stated that .there were three au-
tomobiles which had been repaired by him and were awaiting pickup
by their owners. The area in question, he said, is zoned for bus-
iness uses under the provisions of the Town' s Zoning ByLaws and
the outside. premises were neat and clean. Then Selectman Palumbo
asked Mr . Caldwell if, in his opinion, Mr . Baer is in compliance
with all the rules and regulations of the Town and Mr . Caldwell
answered that he is. The letter was accepted by the Selectmen.
Then Chairman Lowe read a letter dated April 10, 1979 from Henry
V. Lynch, Jr. submitting his resignation as Harbormaster because
of his new place of employment being too far from Newbury making
him unavailable when needed. Selectman Knight made a motion that
his resignation be accepted with deep regret and the vote was unan-
imous.
Chairman Lowe asked Mr . Ralph Crooks of Parker Street in Newbury
if he was interested in accepting the position of Harbormaster and
Mr . Crooks said that he was. Selectman Knight nominated Ralph
Crooks as Harbormaster for a term to expire on June 30, 1979 and
the vote was unanimous. The Selectmen suggested that Mr. Crooks
give some thought about an Assistant .Harbormaster and he agreed to
do this.
Chairman Lowe then read a Petition signed by several people in By-
field regarding increased traffic and speeding vehicles on Elm and
School Streets as well as a bad accident that had recently occurred
and requesting that the Selectmen take some action in this matter
such as lowering the speed limits and enforcing them as well as put-
ting up some stop signs in various places. He informed them that he
had received a letter that day from Police Chief Andrew J. Tuney, III
asking the Selectmen for safety reasons and easier enforcement to
49
SELECTMEN"S MEETING APRIL 24, 1979
request the Department of Public Works to approve speed limits
on certain streets as follows:
Street Recommended M. P. H.
Plum Island Turnpike 40
Parker Street 30
Hanover Street 30
Elm Street 30
School Street 30
Central Street 25 at Bridge and
30 for Remainder
Main Street 30
Scotland Road 40
Norhtern Boulevard 25
The Selectmen voted unanimously to amend the traffic regula-
tions and to request approval of same from the State. Thelma
Tracey, one of the Petitioners, asked the Selectmen if signs
could be posted on School and Elm Streets like "Children At
Play' or '"Slow Children" , and they said that this could be done
and asked John Travers about this. Mr . Travers told her that
if she could get the approval of the abutters, he would be will-
ing to put a Children' s Sign there by the Triton School as Chair-
man Lowe stated that there was no one directing traffic when the
children come out of there. Selectman Palumbo stated that if the
speed were posted and the Police enforced it, he thought, this
would help the situation.
Then' Chairman Lowe read a letter from Mr . and Mrs . Richard Baz-
irgan of 26 Green Street in Newbury regarding the dangerous traf-
fic situation at the intersection of Green and Hanover Streets
and requesting the Selectmen to put a two, three or four-way stop
sign or a blinking red and yellow light to alleviate this problem.
Chairman Lowe stated that only today the school traffic signals
were being installed by the School on Hanover Street and Green
Street which should correct this- situation.
Someone asked if rubbish could be -picked up along the road on Elm
Street and Chairman Lowe stated that they are doing that now. John
Travers stated that by next week we could have this all done.
Police Officer Richard Casey asked how the Highway Department made
out in looking for a road between Northern Boulevard and Old Point
Road. The Selectmen told him that they had not as yet met with John
Travers on this matter but did not think that there would be any
problem.
A lady asked the Selectmen for permission to use the Byfield Town
Hall for the purpose of holding Yoga Classes there, and that the
money they received from same would pay the Teacher . Chairman
Lowe told her that .they had denied the use of the Byfield Town Hall
for Showers,-- Dancing Classes, etc. previously to people and that at
the present time they are in the process of having the floor there
redone, so that it is unavailable anyway right now. She then said
that it was an exercise class and wanted to know if there was any
other Hall available. Selectman Palumbo told her that the Plum
Island Taxpayers Hall is rented out for these purposes and that she
could contact them.
SELECTMEN'S MEETING APRIL 24, 1979
Mr. Harry Hall of Melody Lane, Plum Island talked about Walter
Looks ' place which he wants condemned. He said that it caught
fire about two months ago and he went into it to see if there
was anything wrong with the place so his son would not get hurt
around there and something bit him. He also said that he found
two refrigerators with 'the doors opened and he %tipped them over .
He said that he saw rats there and his son had been bitten. They
are wild rats there and it is dangerous for human beings, he said.
He also said that there was no plumbing and no electricity there.
If there is not something done about this, he is afraid his 11
year old son, as well as other children, will be hurt there. Se-
lectman Palumbo said that there was another building on 18th Street
as well as the Looks ' place, so perhaps we should have a Hearing
on this matter . Chairman Lowe asked Mr. Hall if he was making a
formal complaint in this matter and he said that he was. Then
Chairman Lowe asked David Caldwell, Building Inspector, to inspect
both these places to see if they are health hazards. Mr . Caldwell
stated that they are a Board of Health problem and he thought the
Selectmen should resolve this matter even if it took legal action.
Chairman Lowe asked Mr . Caldwell to give them a List of Dilapidated
Houses and Burned Out Houses so that they could take action on it .
Police Officer Richard Casey asked if the Selectmen could take im-
mediate action on the refrigerators because it is a dangerous sit-
uation as far as children are .concerned. Selectmen informed him
that there is a law regarding refrigerator doors and they would take
this matter up with the Police Department .
The Meeting was adjourned at 8:25 P. M.
Re pectfully 7�x-
Marion E. Martel,
Selectmen' s Secretary
52A
MEMORANDUM
RE: COUNTY COMMISSIONER' S HEARING ON RECONSTRUCTION OF
CENTRAL STREET
May 1 , 1979
The hearing was called to order at 3:15 p.m. on May 1 ,
1979, by the County Commissioner, Mr. McKeon, in the County
Commissioner' s Room in the Court House on Federal Street, in
Salem, Mass.
Mr. James Carlin, County Engineer, read a Petition from
the Newburyport Board of Selectmen dated May 1 , 1978, to the
Essex County Commissioners regarding reconstruction of Central
Street, copy of same being attached hereto.
He said that there have been several meetings previously
held in the Town of Newbury for the purpose of this layout.
(One portion from Parker River to Elm Street has previously
been laid out.) There are several takings involved for highway
easements. He further stated that the purpose of this layout
is to allow Department of Public Works to rebuild Central Street
under a special F.ed_eral Grant as a Safety Project. The Select-
men, he said , have obtained deeds from each piece of property
necessary for widening and taking and have been recorded in
the .Registry of Deeds in Salem.
The CommissioneYthen asked if anyone was present in
opposition to this Petition. Jane Eames of Central Street then
stated that she had a Petition signed by several of the resi-
dents on Central Street , but said that it was not in opposition
to the improvement of. the road, but mostly to the speed with
which they would proceed on this type of road. However, the
Commissioner stated that their function is just the taking of
the road , and she informed him that she was told to come to
the Hearing to have the speed reduced. She also told him that
they would like to save the 2 chestnut trees that are-very old
and are due to be cut down if there was any way that this could
be drone. Then she submitted this Petition to the Commissioner.
Mr.. Carlin stated that the only responsibility and authority
that the Commissioner has is to establish the sidelines of the
road within which, the Highway would be built and to establish
any drainage area or slope area. The actual design is not
under control of that Board, they merely establish the two limits
on either side of the road within which the public highway exists.
The design work is being handled by the D. P. W. and that she
could go up to Danvers and talk to them ,he said.
The Commissioner said that there was a great deal of effort
to get these things together and he realized that this must be
frustrating for them and that he would sit down with her and
put in a telephone call to proper authority to help her if she
so desired as he understood her frustration. She said. that if
they are faced with unsafe areas along this stretch, it is going
to be worse in the future , with a better road , but unsafer.
He then told her to talk to the people making the design and
the people who are setting the speed limits. She told him that
she understood that the speed limits and signs have to come from
the State.
Selectman Thomas Palumbo said that the Newbury Selectmen
amended their traffic regulations on School Street and that we
would do the same on Central Street and that he was sure that the
State would cooperate with us as they have in the past. He then
said that the Board could make a recommendation to the State
after changing our speed limits. With respect to the taking,
52A Continued
Selectmen Palumbo stated that he went around personally to
the people for the takings, and they were willing to allow the
project to go through. He also stated that the Board of
Selectmen had .expressed the desire of the people to keep the
trees and that the State , if possible , will make every effort
to save the trees. However, he said , that- it was within the
jurisdiction of the State to have the final control as to
whether they can save the trees and stay within the layout.
Motion was made to approve the Petition and Hearing was closed
at 3: 30 P. M.
52 A Continued
To the Commissioners of Essex County
Gentlemen:
The Board of Selectmen of the Town of Newbury, in the
County of Essex, Massachusetts , thereto duly authorized ,
respectfully represents that the highways known as Central
Street from Route 95 to School Street and School Street from
Central Street to Elm Street are unsuited to the present
requirements of travel , and that common convenience and
necessity require that the said highways be widened and
straightened , and laid out , altered or relocated , and that
specific repairs be made thereon.
WHEREFORE, they pray that after due notice and a hearing
the County Commissioners may lay out,. alter or relocate the'-
said highways, order specific repairs thereon, and discontinue
any portion thereof ,which by reason of their action may no
longer be required, all as in their judgment may be necessary.
May 1 , 1978 s/ James A. Lowe
DATE s/ Thomas. G. Palumbo
s/ Richard H. Knight
Board of Selectmen
COMMONWEALTH OF MASSA.CHUSETTS
Essex, ss. - County Commissioners
June 2 , A.D. 1978
On the foregoing petition, ORDERED: That said petitioners
give notice to all persons and corporations interested therein
that said commissioners. will meet at the Court House in Salem,
in said County, on Tuesday, the twenty-seventh day of June ,
1978 , at 3:00 o' clock P. M. by publishing an 'attested copy
of said petition and of this order thereon in the Newburyport
Daily News, a newspaper printed in Ne.wburyport, in said County,
the said publication to be seven days. at least before the said
twenty-seventh day of June. And also by serving the Town Clerk
of Newbury with an attested copy of said petition and of this
order thereon, fifteen days at least and by p_psting up an attest-
ed copy thereof in two public places in said town, seven days
at least , before the said twenty-seventh day. of June , at which
time and place said Commissioner's will proceed to view the
premises and make such order in relation to the prayer of said
petition as by law they may be authorized to do.
Attest: James Dennis Leary, Clerk
A true copy of said petition and order thereon.
Attest: s/ John F.. Barry
Deputy Assistant Clerk
A true copy attest:
s/ Edw. N. Sweeney
Deputy Sheriff 6/6/78
5
SELECTMEN'S MEETING
MAY 8, 1979
The Selectmen ' s Meeting of May 8, 1979 was called to order by
Chairman James A. Lowe at 7: 30 P. M. with Selectmen Palumbo and
Knight present . The minutes of the previous Meeting were read
by the Secretary and accepted as amended.
Chairman Lowe stated that in regard to the safety of School and
Central Streets, he would like the Townspeople to know that the
Selectmen had to sign a very forceful .Traffic Control Agreement
regarding safety regulations to conform with the provisions of
the "Manual on Uniform Traffic Control Devices for Streets and
Highways" published by the Department of Transportation, and
signed by the Board and attested by the Town Counsel and the
Town Clerk. Therefore, the traffic regulations are entirely up
to the State.
Then Chairman Lowe read a letter from Janet Scott on behalf of
the Byfield Methodist Church requesting permission to hold a 6 .8
mile road race on Saturday, August 25, 1979, at 10:00 A. M. and
asking if Thurlow' s Bridge has been repaired and is in good shape
so that the road is safe to"be,-used, and, if not, she would pro-
ceed with an alternate route. Selectman Knight said that Thur-
low' s Bridge has been repaired and the road is safe to be used for
the road race. Chairman Lowe moved that permission be granted to
Janet Scott to hold this road race and the vote was unanimous.
Chairman Lowe then read a request from Rev. William Swilling of
Newburyport on behalf of the First Baptist Church in Newburyport
to use the Upper Green for Inter-Church Softball Team on Monday
and Tuesday evenings as well as a request from James Noyes to use
the Upper Green for Oldtown Clammers Softball Team on Thursday
evenings. Selectman Knight moved that these requests be granted
and the vote was unanimous. Selectman Knight requested the Sec-
retary to post a schedule giving names of teams and evenings ap-
propriated to each team for use of the Upper Green.
Then Chairman Lowe read a letter of resignation of Mr. Ralph Crooks
dated April 25, 1979 as Harbormaster to be effective 'immediately
because of an unexpected promotion he had received which would take
a great deal of his time leaving him no time available to serve as
Harbormaster. Selectman Knight moved that his resignation be ac-
cepted with deep regret and the vote was unanimous.
Chairman Lowe then read a letter from Mr. John Blackwell dated
April 26, 1979 requesting an appointment to appear before the
Board of Selectmen at their Meeting on May 8, 1979 to request re-
newal for three years of the Earth Removal Permit now in force at
his Scotland Road property, with the continuation of all specifi-
cations, conditions and safeguards stated in the current Permit.
Then Mr . Blackwell respectfully requested permission for renewal
of said Permit . Selectman Knight stated that Mr. Blackwell had
worked on this for perhaps five years, and he moved that Mr. Black-
well be granted this renewal for three years . However, Selectman
Palumbo stated that he did not have an opportunity to look this
matter over and moved that the matter be taken under advisement
and the vote was unanimous. Mr . Blackwell said that he would ap-
preciate receiving the vote by mail and the Selectmen agreed to
this.
55
SELECTMEN'S MEETING MAY 8, 1979
Chairman Lowe read an Application from Haverhill Gas Company
asking for the Board of Selectmen' s written consent to dig up
the underground gas line on Hanover Street in Newbury accord—
ing to their attached sketch. Selectman Knight said that the
Water Department had left the road on Hay Street in a terrible
condition. Chairman Lowe made a motion to grant permission to
the Haverhill Gas Company to make this installation and the
vote was unanimous.
A Hearing was held at 8: 00 P. M. on the Application of the Old-
town Country Club to change its Managership from Arthur Tocci to
Russell W. Osborne, Jr . Chairman Lowe read the Legal Notice pub-
lished in the Newburyport Daily News regarding the Public Hear-
ing on said Application for Change of Ownership and stated that
the Application was made out properly and asked if there were any
comments in the matter . Mr . Russell Osborne, Jr . spoke for the
change which he said is simply a change in Managership of the Old-
town Country Club because Mr. Tocci will be leaving the Club
shortly as he has moved out of Newbury. Selectman Palumbo stated
that as there was no objection, he moved to approve this Applica-
tion be granted and the vote was unanimous. The Selectmen signed
the Application and the Hearing was closed at 8:05 P. M.
Mr. Robert Henderson, d/b/a Mike ' s Auto Service, of Newburyport,
presented to the Selectmen his Application requesting that he be
put on the Towing List for the Town of Newbury. Chairman Lowe
said that we have allocated two-thirds of the Town to Ted Cole ' s
Mobile Service and the remaining one-third-to Volpone ' s, Oldtown
and H. & J. ' s Towing, thereby giving our local people the business
of the Town. Selectman Palumbo stated that they had spent a long
time making up a rotating list with no partiality shown. Select-
man Knight thought that we should refer this matter to the Town
Counsel as to whether or not the Selectmen have the right to deny
anyone ' s right to be placed �on the Towing List . The Selectmen
stated that they would like to speak to Police Chief Tuney to get
a recommendation from him to put Mr . Henderson on the rotating list.
Chairman Lowe made a motion to take the matter under advisement and
the vote was unanimous. Selectmen to inform Mr . Henderson of their
decision in the near future. At that time, Mr . Henderson presented
the Board with a folder containing a list of his equipment .
Chairman Lowe stated that the Building Inspector, David Caldwell,
had met the request of the Board and had given them a Report of
Unsafe Buildings in the Town listing 11 unsafe buildings and he
closed his report by saying that in order to assure complete .com-
pliance, he requested that he be granted the use of Town Counsel
to insure legal compliance with the statutes in the event that the
owners do not comply after a survey report has been made. He also
stated that the two lots on Plum Island, one on Old Point Road and
one on Northern Boulevard contained burned wood and debris creating
a nuisance and possible health hazard and should be taken care of
by the Board of Health and Board of Selectmen. Selectman Palumbo
made a motion that the Building Inspector be ,granted permission to
sit down with Town Counsel after he has exhausted other measures
and the vote was unanimous. Selectman .Palumbo requested John Im-
pemba of the Newburyport Daily News not to put this in the newspa-
per until the Selectmen had taken action in the matter but Mr. Im-
pemba stated that he could not do this as it was an open meeting
and a matter of public record.
Mrs. Jane Eames of Central Street in Byfield spoke to the Select-
men regarding the erection of signs on that street and stated that
57
SELECTMEN'S MEETING MAY 8, 1979
the residents on Central Street would like to have the speed
limit less than is customary for that type of State Layout.
Chairman Lowe said that they would have to comply with the
State. Selectman Palumbo informed her that the Board will be
moving forward with the Department of Public Works to make
these recommendations . Mrs. Eames said that they are trying
to make it as safe as possible before there are any more ac-
cidents within the next few years. '
Mr. and Mrs. Joseph Goldsmith of Southern Boulevard, Plum
Island, stated that behind their home is Annapolis Way and he
had been informed by his neighbors, as they are new residents
in the Town, that the corner of his driveway becomes a major
traffic pickup and he wanted to know if this could take place
on Annapolis :Way on the ocean side. He showed a sketch of
this area to the Selectmen. Henry Becker , Assessor, informed
the Board that,:)on Sunday morning and Monday morning the dump
sters were overflowing. Selectman Knight told John Travers,
Highway Surveyor, to. put the signs up again. Mickey Villane
said that people come from areas all over to put their trash
in the dumpsters in his parking lot which is not beach rubbish.
Selectman Palumbo stated that the Board of Health could enforce
a fine of $25.0.0 for dumping household rubbish in the dumpsters
which are for beach rubbish only. Selectmen moved to .put sign
up and if this• does not work, they will remove the dumpsters.
Mr . Goldsmith requested that the truck make a pass over Annapo-
lis Way and Selectmen stated that they would ask Bill' s Truck-
ing Service to do this and he could contact the Selectmen' s Of-
fice. Judge Thompson suggested that the Selectmen ask trucks
to empty the barrel at the parking lot that is always overflow-
ing when they pick up the trash, as hungry dogs in packs tear.
the bags in the dumpsters apart . Kenneth Webber thought that
the Selectmen should help Mr. Goldsmith with his problem and
that if Bill' s Trucking would come at a certain time, it would
help the situation. Selectman Palumbo said that a reasonable
request of Bill' s Trucking Service could take care of this sit-
uation.
The Selectmen signed miscellaneous licenses and permits for the
Town Clerk, Ralph Lowell.
Selectman Palumbo said that he had received phone call from Don-
ald Phillips regarding property adjacent to his parking lot on
Plum Island. It appears, he said, that there is some sort of
affluent coming out of this house, and he would like to have the
Board see this . Selectman Palumbo also spoke about water coming
out of a house on 18th Street, Plum Island. Mr. Phillips said
that neighbor ' s child was playing in his parking lot with evidence
of soap suds all over the child and he told her that his parking
lot was not a recreational area but investigated it. He said that
water is all over his parking lot and he wants his neighbor to cor-
rect this situation because it is a serious matter .
Chairman Lowe said that he had received complaints regarding Donald
Phillips ' gas tanks which might blow up and he told them to make a
complaint in writing. Mr. Phillips stated that he does not own any
gas tanks but they are owned by Mr . O'Meara and that the complaint
had come from him, but Chairman Lowe said that he had also received
complaints from other people as well.
Kenneth Webber requested 'Selectmen to have a Traffic Recorder placed
on Plum Island Turnpike so th4t we might have an idea how much traf-
59
SELECTMEN' S MEETING MAY 8, 1979
fic goes over this area. He said that he knew the Town has a
Traffic Recorder but wanted to know when it is going to be used.
Mr . Worthley wanted to know if they could get together with John
Travers, Highway Surveyor, regarding the drainage on Plum Island.
Chairman Lowe told him that he had spoken to Carolyn Ingles of
Disaster Relief regarding this problem today and that he would
get the information regarding this matter to them tomorrow con-
cerning the drainage problem on Plum Island Boulevard and the
Comfort Station.
Mr . Robert Colby, Tree Warden, wanted to know if the Selectmen
could find a place for the Sprayer which is outside of the High-
way Barn. John Travers said that he didn't realize we had to
keep it inside for 12 months of the year . The Selectmen reques-
ted Mr. Travers to put it back inside of the Barn and get it in
use for Mr. Colby.
Richard Cunningham, Chairman of the Conservation Committee, said
that he had an appointment on Wednesday morning to meet with
someone from the State regarding Mr. Novak' s problem and he wanted
to know the Board of Health' s position in this matter . Chairman
Lowe said that a well has to be on the lot and not across the
street or on another lot, and that this is the Board of Health' s
ruling in this matter.
The Meeting was adjourned at 8:55 P. M.
Respectfully subA:d, 6
.
Marion E. Martel,
Selectmen' s Secretary
May 8, 1979
Drawn for Jury Duty at Salem for June 4,. 1979:
David C. Webb, 266 High Road, Newbury
John Murphy, Lenway Road, Newbury
Drawn for Jury Duty at Lawrence for June 4, 1979:
Charles E. Bosomworth, Jr . , Newbury Neck Road, Newbury
Sylvia Upton, 288 High Road, Newbury
61.
SELECTMEN'S MEETING
JUNE 12;, 19'79
The Selectmen' s meeting was opened by Chairman Lowe with
members Palumbo and Adams present.
Chairman Lowe read a letter from John McKeown concerning what
he believed to be run-down properties located on Old Point
Road.
Selectman Adams stated that the problems are in the process
of being rectified by the Building Inspector.
Dave Caldwell , the Building Inspector, stated he would present
a series of pictures of various unsafe buildings and submit a
report at the next Selectmen' s meeting. He requested that the
Board consider appointing a Board of Survey at that time.
It was unanimously voted after executive session that Chief
Tuney be given a three year appointment.
Selectman Adams moved that matter, which was seconded by
Selectman Palumbo and Chairman Lowe made it unanimous.
The appointment is until June 30, 1982.
At the Chief' s request, Michael A. Webber and Raymond Murphy,
Jr. were unanimously appointed Reserve Officers for a six
month probationary period.
The following officers were appointed as Reserve Officers for
a one year period:
Glenn C. Little
Dana J . Pagley
Richard S. Thurlow
Fred M. MacBurne
Thomas A. Howard
William E. McCarthy
Keith A. Stanwood
Andrew Avelis
A request to approve as budget and work guidelines the' last
proposal submitted by the Board to the Police Association
was taken under advisement.
Clifford A. and Joyce Mello, of 240 West Main Street, George-
town, were granted permission to hook up to an existing well
and septic system on their lot which they used before their
building was elevated.
The Board held a duly advertised and scheduled hearing on a
liquor license transfer from Charles Pelcher to Beachcomber
of Plum Island, Inc.
;Attorney Jensen spoke as a representative for Plum Island
Beachcomber, Inc.
Michael Villane voiced opposition to the pool table and pinball
machine now located in the building.
pep
SELECTMEN'S MEETING JUNE 12.1 1979
He was told that the hearing concerned only the trGnsfer of
the liquor license; that the amusement license was not trans-
ferable, and that if the new owners wished to use the pool
table and pinball machine , they would have to make application
for a license in the new name.
The hearing was closed.
Selectman Adams moved to grant the transfer and Palumbo and
Lowe made the vote unanimous.
At 8:00 p.m. the following bids were opened by the Board for
road materials for the ensuing year, for a new hot top roller
and lawnmower.
The quotes are as follows:
RIDING MOWER;
Bacher Corp. 3,800.00
Sawtelle Bros. 2,873.00
Richey & Clapper 2 ,600.00
Rubin Hardware 2 ,54500_'
Files Equipment 2,995.00
Merrow' s (Low Bidder) 1 ,995.00
Grounds Equipment 2 ,980.00
CATCH BASINS FR1iMES .AND GRATES
No bids received.
PIPE
Penn Culvert (Low Bidder)
Eastern Culvert
Charles Freadman
RECLAMATION
Bell & Flynn (Low Bidder) $3.10 sq. yard
HYDROSTATIC ROLLER
Files Equipment (Low Bidder) 2,495.00
LIQUID ASPHALT
All States Asphalt 0.693 Gal.
Independent Bit. 0.693 Gal.
Mystic Bit. 0.693 Gal.
SAND - GRAVEL
Fitzgerald Trucking (Low Bidder) 3.00
Sc. Sand
Fitzgerald Trucking (Low Bidder)
6" Gravel 3.00 3.00
Sc. Gravel 3.65 Ton
4.25 Yd. 4.25
6
SELECTMEN' S MEETING JUNE 12 , 1979
BITUMINOUS CONCRETE
Trimount Bituminous Plant: $17.25 21.95
Berm. 2.25
Hand. 4 5.00 (Low Bidder)
Brady 21.97
The Board moved to take the matter under advisement
until the next meeting at which time they will receive
a recommendation from the Highway Superintendent.
The meeting adjourned at 9:15 p.m.
Respectfully submitted,
Thomas G. Palumbo, Clerk
Newbury Board of Selectmen
.�rd
SELECTMEN'S MEETING
JUNE 26, 1979
The Selectmen' s meeting was opened by Chairman .Lowe , with
members Thomas G. Palumbo and Alan I. Adams present.
The minutes of the last meeting were read and accepted.
Nelson Leonard wondered about the dumpsters at the center
of Plum Island. He said that they were a menace, as they were
overflowing, and being used by people who should have their
trash picked up by the trash removal truck. Mickey Villane
and Paul Daubitz were present, and agreed with Mr. Leonard' s
statements.
Mr. Villane stated that each resident should take care
of his own rubbish, and see that it is placed in an area where
the trash removal man can:,pick up the trash and dispose of it.
Chairman Lowe suggested that the two dumpsters that are located
at the center of the Island should be removed , and he was of the
opinion that this would solve the problem of the overflowing
conditions. Mr. Daubitz questioned the trash removal contract.
Chairman Lowe stated that the man who picks up the trash is
working at a daily rate and is not under a contract.
Mickey Villane complained about -people parking their
vehicles in non-approved private parking lots. Selectman Palumbo
stated that Mr. Villane should conta..ct Mr. Caldwell , as he is the o,..
enforcing agent, and would be the man to discuss the situation
with.
John Blackwell appeared before the Board and requested
some action be taken with reference to his earth removal permit.
After a short discussion, the Town Counsel stated that he had
reviewed both the earth removal by-laws and the permit, and he could
see no provision for a permit renewal. He suggested that Mr.
Blackwell should file an application for a new permit. He also
stated that a public hearing on the same sould be advertised.
Mr. Blackwell was informed by Chairman Lowe that he should apply for
a new permit. Selectman Adams made it a motion, and it was seconded
by Selectman Palumbo.
Two representatives from the the Merrimack Electric Company,
Paul MacNamara and Guy -Shepard , appeared at the meeting and brought
up the subject of trimming the trees along the power lines so that
the wires would not be affected. Chairman Lowe stated that he
would talk with the tree warden and get back to the men.
Chief Tuney presented a letter of recommendation, requesting
that Harrison L. Whitney, Jr. be appointed as a Reserve Officer
to the Newbury Police Department. No action will be taken, pending
investigation.
The matter of smoke detectors was discussed, having been
funded at a special town meeting. After specifications are
6s#
SELECTMEN'S MEETING June 26, 1979
drawn up , the smoke detectors will be advertised for bids.
The following list of Jurors were selected.
To serve in Salem on July 2 , 1979:
Pauline Vella, 43rd Street, Newbury, Mass.
Kathleen Powell , 1 High Rd. , Newbury, Mass.
Norma M. Gray, 2 Anchor Way, Newbury, Mass.
To serve on Grand Jury, July 23, 1979:
Virginia F. Lowe, 31 Main St. , Byfield, Mass.
To serve in Newburyport on August 6, 1979:
Lauren G. Beach, 120 Orchard Street, Byfield , Mass.
Nancy G. Wickers, 17 School Street, Byfield, Mass.
Joanne C. Purinton, 36 Main St. , Byfield, Mass.
Th@ following Town Officials were appointed;
Term expiration dates are June 30, 1980 and June 30, 1982
POLICE - FULL TIME
Andrew J. Tuney, III , appointed Chief - 1982
SPECIAL POLICE
Benjamin Pearson, Jr. - 1980
Agnes Short - 1980
Herman Colby - 1980
Joseph Jaques - 1980
Nina Hilton - 1980
Edward Carpenter - 1980
Richard Cunningham - 1980
John Salter - 1980
Robert Mars - 1980
AGENT FOR THE BOARD OF HEALTH
James A. Lowe - 1980
HARBOR MASTER
Edwin Sternfelt - 1980
SPECIAL POLICE ON WATERWAYS AND ADJACENT SHORES
Edwin Sternfelt - 1980
TOWN COUNSEL
James Lagoulis - 1980
BUILDING INSPECTOR
David S. Caldwell - 1980
INSPECTOR OF PLUMBING
Clyde Smith - 1980
Richard B. Baker, Assistant - 1980
INSPECTOR OF WIRES
Donald. G. Mutch - 1980
INSPECTOR OF GAS PIPING AND APPLIANCES
George E. Emerson - 1980
DOG OFFICER
Richard N. Cunningham - 1980
James Cunningham, Assistant - 1980
SELECTMEN'S MEETING JUNE 26, 1979
ANIMAL INSPECTOR, FIELD AND POUND KEEPER
Richard N. Cunningham - 1980
BOARD OF FIRE ENGINEERS
Wallace 0. Pearson - 1980
H. Verne Noyes, III - 1980
David W. Foley - 1980
Martin Fay - 1980
John Gallant - 1980
TOWN FORESTER
Verne Noyes, III - 1980
HIGHWAY SURVEYOR
John C. Travers - 1980
SURVEYORS OF LUMBER AND MEASURERS OF WOOD .AND BARK
Harold E. Pingree - 1980
Arthur S. Page, Jr. - 1980
Evans Hawes - 1980
Phillip Knapp - 1980
FENCE VIEWERS
Robert J. Colby - 1980
Leonard Ilsley - 1980
Henry F. P. Rolfe - 1980
John S. Marsh - 1980
Malcolm C. Wood - 1980
Samuel Traister - 1980
Joseph Story - 1980
WEIGHERS OF HAY AND OTHER COMMODITIES
Lawrence C. Brown - 1980
John J. Andrewskiewicz - 1980
Richard H. Knight - 1980
Martin H. Burns - 1980
MOTH SUPERINTENDANT
Robert J. Colby - 1980
CUSTODIAN OF TOWN HALL IN OLDTOWN
Willard L. Roaf - 1980
AGENT OF WORKINGMEN'S COMPENSATION
James A. .Lowe - :1980
AGENT OF VETERAN SERVICE
Charles J. Bashaw - 1980
SUPERINTENDENT OF BURIAL GROUNDS
Frederick H. Ilsley - 1980
REGISTRARS OF VOTERS
Ellen Moore - 1982
ZONING BOARD OF APPEALS
Dean Robertson - 1982
PLANNING BOARD OF APPEALS
Norman Wells, Jr. - 1982
FINANCE COMMITTEE
Keith P. Walton - 1982
William F. Lacey, III - 1982
SELECTMEN' S MEETING JUNE 26, 1979
MERRIMAC VALLEY PLANNING COMMISSION
Curtis Walton - 1980
CONSERVATION COMMISSION
Storer Humphreys - 1982
Joseph Story - 1982
HISTORIC COMMISSION
Lucy M. Plumer - 1982
Mary Barton - 1982
208 WATER QUALITY ADVISORY COMMISSION
David S. Caldwell - 1980
Arthur G. Allen, Alterngte - 1980
The Selectmen met with the Planning Board on June 27,
1979, and made the following appointments to the Industrial Advisory
Group:
William Tempel , Richard Savage, Nicholas J. Giantis, Alyce
Moore and Samuel Traister.
On July 9, 1979, Rosemary Loveday, 35th Street , Plum Island,
Newbury, Mass. , was appointed to serve on the Conservation Commis-
sion for a period of three (3) years, to expire in 1982. The vote
was 2 to 0, with Selectman Thomas G. Palumbo' s abstention.
The meeting adjourned at 9:15 p.m.
Respectfully submitted,
Doris E. Hodge , Sec tary
Newbury Board of Selectmen
SELECTMEN'S MEETING
JULY 10, 1979
The Selectmen' s meeting was opened by Chairman Lowe, with
members Thomas G. Palumbo and Alan I. Adams present.
The minutes of the last meeting were read, amended, and
accepted.
Harrison L. Whitney, Jr. , 45 Warren Street, Newbury, Mass. ,
was appointed Reserve Officer for the Newbury Police Department to
serve for a probationary term of six months. , Chairman Lowe made a
motion to appoint Mr. Whitney and Selectman Adams seconded the
motion. Selectman Palumbo, being a close friend of Mr. Whitney,
abstained from voting.
Chief Tuney recommended to the Board that they appoint
Lora Garner and Dianne Emerson as Police Matrons for the Town
of Newbury. The Selectmen accepted the recommendation and appointed
the two women to serve for a six months' probationary period.
Vincent Juliano, 51st Street, Plum Island , appeared and
complained that operators of motor vehicles were damaging his
property by using a right-of-way adjacent to his land , to drive onto
the beach. Chairman Lowe suggested that the problem would be
referred to the Highway Superintendent.
Mrs. Ruth Peterson, 14th Street , Plum Island , appeared and
complained about the condition of her road. Mounds of sand were
affecting the underneath parts of the cars. The Highway Super-
intendent will look into the situation.
Chief Tuney reported that the 1952 Dodge Cargo Carrier was
received July 6, 1979. He stated that the vehicle needs repairs
in the vicinity of three to four hundred dollars.
Chairman Lowe informed the people in attendance that the
drinking water at all eating establishment:s' at Plum,-T sland:-had
been tested by the Department of Environmental Quality Engineer-
ing, and found to be safe, with 110" coliform. Confirmation is
on file in Selectmen' s office under "D.E.Q.E." .
Chairman Lowe stated that the clam flats have re-opened.
Selectman Palumbo stated that Selectman Adams should be commended
for his efforts in re-opening the clam flats.
77
John Mckeown, Brock Avenue , Plum Island , reported that a
dilapidated barn on his street is a menace. Mr. Caldwell
will look into the situation.
The selectmen have appointed Rosemary Loveday, 35th Street,
Plum Island, Newbury, to the Conservation Commission to serve
f or a period of three (3) years. This vote was 2 to 0 with
Selectman Palumbo' s abstention.
Mr. Daniel Gaynor from Plum Island operates. an eating
place on the beach front. He stated that he has a receptable for
his trash placed at the rear of his building. He complained
that persons using the beach are bringing their rubbish to his
dumpster and as a result, the trash piles up and overflows,
right after it has been emptied. The selectmen suggested that
perhaps he could alleviate the problem by roping off his property
around the dumpster.
The Town of Newbury Emergency Operation Plan is filed in
the Selectmen' s office under "Civil Defense" .
A copy of Decree and Plan relating to Central Street,
Newbury, from Route 95 to School Street, and School Street from
Central Street to Elm Street, issued by the Essex County Commis-
sioners on June 26, 1979, is filed in the Selectmen' s office
under "County Commissioners" .
The meeting adjourned at 8: 35 P.M.
Respectfully submitted,
Doris E. Hodge, ecret
Newbury Board of Selectmen
79
SELECTMEN' S MEETING
JULY 24, 1979
The Selectmen' s meeting was opened at 7: 30 p.m. by Chairman
James A. Lowe, with members Thomas G. Palumbo and Alan I. Adams
present.
The minutes of the last meeting were read and accepted.
Mary Ann Baraski , 51st Street , Plum Island , appeared before
the Board. She asked if something could be done whereby vehicles
entering 51st Street could use another street as an exit. Francis
Finneran from the Island spoke in support of Mrs. Barasky' s request.
Chairman Lowe stated that 51st Street was a right-of-way, and not
a through street.
Mickey Villane addressed the Chairman, and brought up the
subject concerning Old Town Water District. Selectmen said that
at this time the subject did not concern them, and perhaps in the
y
future they could be of some assistance.
David Caldwell , Building Inspector, stated that registered
letters havebeen sent to all but two owners of run-down property
(after receipt of letter)
notifying them that they had twelve. (12) hours/to dispose of the
delapidated buildings, and if they didn' t comply, the Town was at
liberty to dispose of the same at the owner' s expense.
Chairman Lowe read a communication from CETA regarding a
weatherization program. Anyone interested may have a copy of
this letter if they have any interest in this program.
Chief Tuney requested a special town meeting to vote .on by-
law changes proposed for Plum Island. Selectmen will take this
subject under advisement.
The Selectmen stated that the final engineering plans for
the Old Point Road and Sunset Boulevard construction project are
due by August 15th.
Selectman Adams brought up a matter that concerned property
owned by Humphreys and leased by Boyle , located at the end of
Cottage Road. The owner, together with the lessee and Building
Inspector will be requested to appear at the next Selectmen' s
meeting to clear up questions about permits, size of lot, drainage
problems , etc.
Cl/
SELECTMEN' S MEETING JULY 24, 1979
Mr. Sheldon, Moody Street, Byf field, appeared and requested
information regarding the relocation of a trailer on his 116 acre
lot. He was told that he would have to comply with the same
rules and regulations on building a new home.
Bertram E. Savage , Jr. , was appointed Director of Civil
Defense.
Rosemary Loveday was appointed as a Newbury representative
of the Merrimack Valley Medical Group. Thomas G. Palumbo abstained
from voting.
The Board accepted the $395.00 bid of George Perkins to
paint the front of the Town Hall , including steps, rails and trim.
The proposal of Alarm Engineering of Georgetown, Mass. was
accepted in the amount of $1760.00 for installation of a Fire
Alarm in the Newbury Town Library.
Ralph Lowell , Town Clerk, stated that a hearing would be held on
August 14th with reference to the application of Dr. John Duff for
a gasoline storage permit.
Chief Tuney requested an Executive Session.
Chairman Lowe -polled the Board, and announced that they would
not reconvene after the Executive Session.
The meeting adjourned at 8:20 p.m.
Respectfully submitted,
Doris`. E. Hodge
Secretary
Executive Session July 24, 1979
The Executive Session was held by Selectmen with Police
Chief Andrew J. Tuney, III. There was a discussion on the
appointments of Police Officers.
The closed Executive Session lasted approximately twenty
minutes.
83
SELECTMEN' S MEETING July 24, 1979
The following Town Officials- were,':.appointed:
RESERVE POLICE OFFICERS
Kenneth J. Beaton - 1980
Steven T. Maguire - 1980
David M. Foley - 1980
DIRECTOR OF CIVIL DEFENSE
Bertram E. Savage, Jr. - 1980
NEWBURY
REPRESENTATIVE TO THE MERRIMACK VALLEY
MEDICAL GROUP
Rosemary Loveday
LIFEGUARD
David G. Brother
SELECTMEN' S MEETING
AUGUST 14, 1979
The Selectmen' s meeting was opened at 7: 30 p.m. by Chairman
James A. Lowe , with members Thomas G. Palumbo and Alan I. Adams
present.
The minutes of the last meeting were read. amended and accepted.
Police Chief Andrew Tuney appeared and stated that he will be
on vacation from August lath through,August 27th. Sgt. George Reil
will be acting chief during that period.
John Mckeown, Brock Avenue , Plum Island, brought up the subject
of delapidated buildings on Old Point Road, and asked if any progress
had been made. Building Inspector Caldwell stated that certified let-
ters had been sent, and he had response from all. Chairman Lowe
stated that the owners of a burnt out building on Central Street have
sold the same , and are asking for an extension with regard to the
disposal of said building. The extension would be only until the Buy
and Sell Agreement is passed. The new owners intend to take care of
the present condition.
There was a brief discussion with Mr. Mckeown involving the
Tindle-Connolly property at the corner of Hutchins Road and Old Point
Road.
Mark Marbet , Old Point Road, Plum Island , complained about
property owned by Mr. McGhee which borders his land. Mr. McGhee has
junk cars, an old refrigerator and other junk collecting on his
property. Mr. Marbet felt it was hazardous, especially where the
children were concerned. The health agent and building inspector
will investigate. Chief Tuney stated he will check the said lot for
refrigerators containing doors.
Charles Worthley from Plum Island. appeared on behalf of his
son who resides on 14th Street. A trailer owned by Mr. `Novak had been
moved onto property adjacent to the land of Worthley, and as a result
sand was bulldozed onto Worthley' s property. Selectmen stated that this
was a civil matter.
Mr. Worthley made a second complaint involving a trailer owned
by the said Novak. He said that as many as fourteen (14) people were
occupying the trailer at one time. Selectmen stated that the health
agent and the building inspector would investigate.
At 8:00 p.m. bids for fire and burglar alarm systems were opened.
B & B Alarm Systems, from Georgetown, was the only bidder with a
figure of $3,445.00 for fire alarm, and $832.00 for burglar alarm.
Selectman Adams made a motion to take the bid under advisement ;
Selectman Palumbo seconded the motion.
Doctor John Duff appeared with reference to his application to
store, underground, 2 ,000 gallons of gasoline , for his personal use, on
property located at 6 Elm Street, Byfield, Selectman Palumbo asked
Dr. Duff if the tanks would be filled at a time that would not be
disturbing to the neighbors. Dr. Duff said he would comply with
the law, and the neighbors would not be disturbed. Approval of the
application was granted.
Si
SELECTMEN' S MEETING AUGUST 14, 1979
Approval was granted Mr. George Gagan who appeared on behalf
of the New England Telephone Company with reference to the installa-
tion of two poles, one located on High Road and the other on Hay
Street.
Mrs. Mary Barton appeared and addressed the Board with
reference to the pending controversy involving a lot on Cottage
Road. After a discussion, Selectman Palumbo stated that if and
when an application is made for a permit to build , it can then be
determined if the said lot is a buildable one. Until such time , any
further discussion would be premature.
Chairman Lowe read a communication from Highway Supt. John C.
Travers, requesting an indeterminate leave of absence for medical
reasons. The leave was granted , not to exceed six (6) months.
Selectman Palumbo voted present.
Mickey Villane requested a special town meeting in order to
vote on by-laws regarding Plum Island. The Selectmen suggested to
Mr. Villane that he petition two hundred (200) registered voters
requesting the meeting be held; and they further stated that more than
one Town matter would have to be scheduled, in order to have the
special meeting.
John Gallant appeared in behalf of other Newbury residents,
some of who were present. He spoke in protest of John Condon' s plan
to hou-se,: five (5) juvenile delinquents who are with the Department
of Youth Services, specifically D.A.R.E. , a family counseling service:
After discussion- with the said Condon, and Michael Gallagher, (a
representative of DARE) , together with Mr. Gallant and other interested
residents, the Selectmen, together with the Chief of Police, informed
Condon and Gallagher that they would act in accordance with the Town
by-laws, regarding rules and regulations pertaining to the use of
the property of the said Condon. Chairman Lowe suggested to the
parties present, who are against Condon' s plan, that they contact
their Senator and Representative and voice their opposition as soon
asI?ossible. The Chairman also stated that the Town Counsel would be
contacted for an opinion.
Karen M. Golden, representing Solid Waste Systems appeared. After
a brief conversation, Chairman Lowe stated that at this time the Town
was not interested in the Solid Waste Program.
The following list of Jurors were drawn:
Lawrence - 9/10/79
Charles R. Spencer
South Street
Byfield-, Mass. 01922
Carpenter
Salem - 9/10/79
Sandra J . McNutt
6 Low Street
Newbury, Mass. 01950
Clerk
Anne C. McKay
2 Church Street
Byfield, Mass. 0192.2
Clerk
89,
SELECTMEN'S MEETING AUGUST 14, 1979
Patricia' .A. Boyd
8 Maple Terrace
Newbury, Mass. 01950
Homemaker
The meeting adjourned at 10: 35 p.m.
Respectfully submitted,
Doris E. Hodge, SecretaryNEWBURY BOARD OF SELECTMEN
SELECTMEN' S MEETING
AUGUST 28 , 1979
The Selectmen' s meeting was opened at 7: 30 p.m. , by Chairman
James A. Lowe , with members Thomas G. Palumbo and Alan I. Adams
present.
The minutes of the last meeting were read, amended and accepted.
Arthur Page from Page Insurance appeared. He asked the Board
if they were interested in a civil liability policy that would cover
all Town Officials, except the Police and Firemen, who have their own
civil liability policies , and. would have coverage of one to five
million dollars in suits arising from wrongful or negligent acts.
Selectman Adams made a motion to take this matter under advisement ,
and Selectman Palumbo seconded the motion.
Chairman Lowe reported that the State funded, four year old
project to elevate Old Point Road and Sunset Boulevard will be further
delayed because of recent findings of Department of Environmental
Quality Engineering (D.E.Q.E. ) , which involve the marshlands. Chair-
man Lowe stated that he recently attended a meeting at the Department
of Public Works Office in Danvers. In conversation at this meeting,
engineers indicated that the Coastal Zone Management and D.E.Q.E__=_s re-
view of the plans could cause a "lengthy delay" . State Senator
Robert Buell was present. He was asked if he would. try to see if the
situation, involving the marshlands could be resolved soon, so that
the project could be started by December 31 , 1979•
The Burglar and Fire Alarm bid was awarded to B & B Alarm Engi-
neering Company of Georgetown.
Chairman Lowe announced that the Board of Health will conduct
percolation tests between September 15th and October 15th. He also
stated that he will oversee these tests.
Two subjects were brought up by the Selectmen, and Senator Buell
was asked for his assistance. One , to have Plum Bush Creek culvert
opened ; the other, to have a street light installed at the corner of
Elm Street and Route 1. Senator Buell said he would send a letter to
the Department of Public Works with reference to both of these matters.
Joseph Mullins from Plum Island was present. He wanted. to know
if the Selectmen would permit the installation of a new septic system
on his lot , in accordance with a plan he had made up. Selectman
Palumbo said he thought the plan should be drawn by a certified en-
gineer. He felt this would. protect all parties , including the Board
of Selectmen. Chairman Lowe stated that he had inspected the area
on two different occasions , and that whereas a residence had been
established. on the lot for the last fifteen (15) years , he felt the
said referred to Plan was adequate, and he was in favor of granting the
installation. Selectman Adams recommended. that the installation be
allowed.
Walter Mills, acting Highway Superintendent was asked by Selectmen
to prepare a list of roads that are in need of repair before winter.
Residents of Longbrook Road petitioned the Board to correct drainage
work started on said Road. Mr. Mills told Selectmen that birms have
93
SELECTMEN' S MEETING AUGUST 28, 1979
been constructed around four catchbasins to complete the job.
He further said that due to the necessity of completing other
projects , the Longbrook Road work was interrupted.
Rosemary Loveday, the Town' s representative for Merrimack
Valley Regional Emergency Medical Services , made a report to
the Board of the organization' s first meeting. A document per-
taining to the same is incorporated in the minutes of this meeting.
Chairman Lowe read a communication from Nancy Foster ,. with
reference to the pending John Condon - D.A.R.E. matter.
Chairman Lowe stated that Junior Dagres had contacted him
and discussed local playground supervision. The Selectmen are of
the opinion that this is a matter that could be discussed with the
officials of the schools.
The following Town Official was appointed:
SPECIAL POLICE - For Woodbridge & Byfield Schools and
adjacent highways.
Robert Phillips - 1980
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Doris E. Hodge , Secret
NEWBURY BOARD OF SELECTMEN
i
7i
J
M I N U T E..S
MERRIMAC VALLEY REGIONAL EMERGENCY MEDICAL
SERVICES SYSTEM CORPORATION
Bon Secours Hospital Auditorium
August 23 , 1979
7 : 45 p.m.
The meeting was chaired by Carolyn Bashaw.
Minutes of May 30 , 1979 meeting were approved-, unamended .
The revised . By-Laws of April, 1979 were approved.
Members nominated for the Board of Directors were posted and
their affiliation was stated .
A motion was unanimously approved to accept the entire Board of
Directors as nominated . They are as follows:
LOWELL CENTRAL NBPT. AMES.
Hospital Adm. Eugene Bell David Federowicz Carolyn Bashaw
E.D. Nurse Sr ., Doris BouidiJte Rita Robers , R.N. Lois Anderson
E.D. Physician Wayne Pasamen,M.DJose Silva, M.D. Nasem Rauf, M.D.
Com.. Ambulance Nancy Malle David Shanahan Peter Poor
Mun. Ambulance Wm. Maloney Richard Lacey,Chief Charles Gouin
E.M.T. John Machado Don Petzold Richard McHale
Public Rep. Mark Boldrighini Lauris Leavitt Rosemary Loveday
The slate . of officers was also approved. They are as follows :
s
PRESIDENT : David Federowicz
VICE-PRESIDENT : Carolyn Bashaw
TREASURER: Jose Silva, M.D.
SECRETARY: EUGENE BELLE
It was agreed that the duration of the term served by officers and board
of Directors would be determined at a later time .
An add for Project Director was placed in the Boston Globe-32 applications
were received by Dr . Pasanen. Criteria for selection include :
accepting a one year grant
salary of $16 ,000 .00-$18 ,000 .00
chosen by the Board of Directors of M.V.R.E..M. S.
SYS . Corp.
Must have previous Emergency Medical Services experience
Term will begin .as soon as selection is made
MINUTES
sPAGE 2 .
It was noted that the North Shore has a similar grant , but is. working
almost exclusively through area hospitals . So. New Hampshire has an
implementation grant which. varies from that approved for the
Merrimac Valley.
Pending priorities include selection of project director and study
of the reeducat ion guidelines for E.M.T. ' S.
Unfinished business includes signing up for various committees
and the determination of the date on w hich the Board of Directors
will meet next .
The meeting was adjourned at . 8 : 50 p.m.
NOTE : To Newbury Board of Selectmen
As the. Town Representative to the M`.V.R.E.M. S. Sys . Corp. ,,
I wish to report my membership on the Board of Directors , and on the
Training Committee . It is also worthy of note that five of the seven
members of the regional board of directors live in Newbury. This
should . assure adequate representation for our town in the matters
discussed.
Si e ,
Rosemary oveday
Representative-Town Newbury
(9 5
SELECTMEN' S MEETING
SEPT. 11, 1979
The Selectmen' s meeting was opened at 7: 30 p.m. by Chairman
James A. Lowe, with members Thomas G. Palumbo and Alan I. Adams
present.
The.,minutes of the last meeting were read and accepted.
Police Chief Andrew Tuney addressed the Board and requested that
the Selectmen appoint Carol Ann Price, 4 Elm Street, Newburyport ,
as a part-time police dispatcher and matron for a six-month proba-
tionary period. Selectmen approved the request.
Chief Tuney announced that Officer Dana Pagley has joined the
Newburyport Police Department, and will continue�-�in Newbury as a
Reserve Officer. Chairman Lowe said it was disturbing to him to
have the Town of Newbury train men to be police officers, only to have
them leave and accept employment elsewhere. He felt that in the
future , any applicant should promise to stay with the Town of Newbury
for at least two years.
Residents of Forest Street, Byf ield, appeared with a signed petition
complaining about the bad condition of the Street, stating that only
a part of it was re-paved in August, 1979. Acting Highway Supt.
stated:
Walter Mills/funds allocated for highway construction for the year
were about exhausted, however, he would try to grade the road before
winter, to widen it, and eliminate the holes that the residents are
complaining about. Selectman Palumbo suggested that concerned
residents should put an Article in the Town Meeting Warrant in order
to have any further action taken.
Building Inspector David Caldwell addressed the Board and stated
that he had been in close contact with Town Counsel James Lagoulis
with reference to the Condon-DARE matter. Mr. Caldwell stated that
the Town Counsel will seek a court injunction to prevent five (5)
Juvenile Delinquents from moving into the Cbndon household.
Acting Highway Supt. Walter Mills approached the Board and presented
a list of streets that are in need of repair. The list iz filed in
the Selectmen' s office.
Esther Kezer and her daughter Sharon, both of Newburyport, Mass. ,
appeared and Mrs. Kezer alleged that their pet dog had been shot
and killed by a local farmer, James Bashaw, who resides at 40/2
Parker Street, Newbury. Dog Officer, Richard Cunningham stated
7
SELECTMEN'S MEETING SEPTEMBER 11', 1979
that Mr. Bashaw contacted him at 10:20 a.m. , September 11 , and
stated that the dog was on his property bothering his livestock
and he shot the dog. Selectman Palumbo suggested the Kezers take the
matter up with Mr. Bashaw. The Kezers were also informed that if
they wanted the State Law changed , they could speak with their State
Representatives.
Chairman Lowe read two letters of resignations from members of the
Council on Aging. One from Marie O'Leary and the other from Reverend
Frank Cutter. Letters of regret and appreciation were sent to both
parties.
.A motion was made and seconded that Ashton Knight be appointed to
fill one of the vacancies.
The meeting adjourned at 8:40 p.m.
Respectfully submitted,
Doris E. Hodge, Secretary
Newbury Board of Selectmery
99
SELECTMEN'S MEETING
SEPTEMBER 2,9, 1979
The Selectmen' s meeting was opened at 7: 30 p.m. by Chairman
James A. Lowe , with members Thomas G. Palumbo and Alan I. Adams
present.
The minutes of the last meeting were read and accepted.
Bernard Field , 64 Main Street , Byfield , complained about
a faulty sewage system located on adjacent property. Chairman
Lowe stated that the situation would be investigated.
Michael Yarrington appeared , and presented a description of
a program which involved the Department of Health, Education and
Welfare Office of Human Development Services.
The Board of Registrars appeared and discussed changing the
names of certain streets in order to simplify the indexing of
the same. The Board assented to this action.
Chief Andrew Tuney asked the Selectmen to accept the resigna-
tion of Dispatcher, Lora Garner, who has accepted a position as a
private secretary.
Chief Tuney requested the Board to accept the appointment ,of
Brian Brunault , as a Reserve Officer for the Town of Newbury, for a
six-month probationary period. All selectmen were in favor of the
appointment.
The Chief reported that the McGhee property at Plum Island
had been inspected by him, and he found that a substantial amount
of debris had been removed from the premises, however, there was
room for improvement. He also stated that there has been a "Dead
End" sign placed on Finnegan' s Way, Plum Island, in response to
complaints from residents claiming traffic was causing property
damage.
Chief Tuney also requested that a special meeting be held
to pass a by-law which would prohibit a right turn after stopping
for a red light at the High Road Intersection. The Chief stated
it is a school zone , and it would be dangerous if the right turn
was allowed.
The Chief announced that after an inspection of roads
the Highway Department intends to post several speed signs.
i 0i
SELECTMEN' S MEETING SEPTEMBER 25, 1979
Selectman Adams asked Chief Tuney if he thought it would be
possible to have the police take care of raising and lowering the
flags on the Upper Green. The Chief said -he saw no problem.
Chairman Lowe read complaints concerning dogs owned by Dagres
and Brian Harris. Further action will be taken by Dog Officer ,
Richard Cunningham, and the two cases will be on the agenda at the �" r
Selectmen' s meeting October 9th.
Chairman Lowe read a letter from Joseph Frost , who stated he
is resigning from the Finance and Airport Study Committees. The
Selectmen accepted his resignation and a letter of regret will be
sent to Mr. Frost.
Selectmen accepted a report from Rosemary Loveday with reference
to Merrimack Valley Emergency Medical Systems.
The meeting adjourned at 8: 30 p.m.
Respectfully submitted,
Doris E. Hodge , Secretar
Newbury Board of Selectmen
The following list of Jurors were drawn October 3, 1979:
Lawrence - November 5, 1979
Ross A. Burton
3 Green Tree Lane
Byfield, Mass. 01922
Administrator
Salem - November 5, 1979
Alice H. Poulin
192 High Road
Newbury, Mass. 01950
Homemaker
Kim Robinson Knight
9 High Road
Newbury, Mass. 01950
Secretary
103
SELECTMEN'S MEETING
OCTOBER 9, 1979
The Selectmen' s meeting was opened at 7: 30 p.m. by Chairman James
A. Lowe, with members Thomas G. Palumbo and Alan I. Adams present.
The minutes of the last meeting were read and accepted.
At the last Selectmen' s meeting, a complaint was brought before the
Board involving a faulty sewage system at 66-68 Main Street, Byf ield,
Mass. Chairman Lowe stated he would look into the situation and attempt
to correct the same.
The Chairman stated that he wished to make it clear that the
Selectmen were not required to post a notice regarding a recent
gathering at Plum Island. The meeting was called by Senator Robert Buell
The Newburyport Daily News had stated that the Selectmen had failed to
post the notice.
Chairman Lowe read a communication from the Office of Shellfish
Constables requesting that Mud Creek be re-opened for clamming. The
Selectmen were in agreement. The Shellfish Constables also asked to
have Peter A. Thistlewood and Charles A. Colby appointed as Deputy
Shellfish Constables. Selectmen accepted these appointments.
Chairman Lowe read a copy of a communication that was written to
Carolyn Ingles, Regional Coordinator for Disaster Relief, by Congress-
man Nicholas Mavroules with reference to Disaster Assistance.
Selectmen allowed gas service at 49 Main Street, Byf field, with
the stipulation that the pavement will not be disturbed.
Upon motion duly made and seconded it was voted that Laurent
Gravelle, 1 Withington Street, Newbury, be appointed to the Finance
Committee to fill the vacancy caused by the resignation of Joseph
Frost.
Bruce Hiller appeared and requested a renewal of a permit to
Hiller Realty Trust for the removal from time to time of sand, loam,
gravel and other materials on and about the premises owned by Hiller
Realty Trust on Parker Street. Selectman Palumbo stated that David
Caldwell would inspect the premises involved for compliance with the
Soil Removal By-Law.
105
-z-
Dog Officer Richard Cunningham stated that he wished to withdraw the
complaint against Brian Harris whereas Mr. Harris has disposed of the
dog.
At 8:10 p.m. Town Clerk Ralph Lowell swore in the following
witnesses with reference to the Dagres dog complaint: Carolyn McClure,
Charles McClure, Peter Leary, Rita Avelis, Angelo Dagres and Richard
Cunningham. After a discussion, Selectman Palumbo asked Angelo Dagres
if he would fence in an area for the dog. Mr. Dagres agreed. The matter
was taken under advisement. A follow-up to see that the fence is erected
within a reasonable time will be made,
Chief Tuney requested the appointment of 18 year old Donna Marie
Kent as a dispatcher-matron for a six month probationary period.
Selectman Palumbo suggested that because of her age, Miss Kent should
t
be interviewed by the Selectmen before the appointment is made. The
e
matter will be taken under advisement.
The subject of speed .signs being installed was discussed.
The meeting adjourned at 8: 30 pm.
Respectfully submitted,
Doris E. Hodge, Secretary
Newbury Board of Selectmen
107
SELECTMEN'S MEETING
OCTOBER 23, 1979
The Selectmen' s meeting was opened at 7: 30 p.m. , by Chairman
James A. Lowe, with members Thomas G. Palumbo and Alan I. Adams
present.
The minutes of the last meeting were read and accepted.
Two firemen from Plum Island attended the meeting and a dis-
cussion was held with reference to the Firemen on the Island forming
their own Civil Defense Group. Selectman Palumbo suggested that
the interested parties should join the Newbury Fire Department as a
first step.
Selectmen approved the appointment of Donna Marie Kent as a
Police Dispatcher Matron for a six month probationary period.
Chief Tuney asked the Selectmen to allow Harrison Whitney and
Michael WebUer to become full time police officers from November 19,
1979 to May 24, 1980, so that the two men could attend a mandatory
Police Training Academy in Topsfield. Selectmen set up a meeting date
of October 30th at 7:00 p.m. , at which time they will interview the
two officers and make their decision.
Chairman Lowe read a letter of appreciation written by John
McKeown, with reference to Old Point Road, being made passable during
high tides.
The Chairman also read a communication from the Department of
Public Works, District 5 office, with reference to Projects - Old
Point Road and Sunset Boulevard, Plum Island, and being Agreement
#3829. The letter stated that due to unanticipated environmental
mandates , the completion date is extended to December 31, 1980.
Mr. Leonard appeared and complained about litter at Plum Island.
The matter was discussed and the Selectmen thanked Mr. Leonard for
his concern and said they would do their best to correct the situation.
It was suggested by Selectmen Palumbo that a sign reading "Closed
after 11:00 p.m." , be posted at the Parking Lot at the Island. No
action was taken.
Edward Boyle requested procedures to carry out plans concerning
a septic system for a new home he is to build on Cottage Road.
Selectmen told him to put the 'system in good shape and urged him
SELECTMEN' S MEETING NOVEMBER 13, 1979
to enlarge the existing system before making application for
approval by the Board of Health.
Selectman Adams suggested that Firemen be requested to paint
all flagpoles in the Town. A letter of request will be sent to both
fire companies.
The meeting adjourned at 8:40 p.m.
Respectfully submitted,
C
oris E. Hodge, 'Secre y
NEWBURY BOARD OF SELECTMEN
SELECTMEN'S MEETING
NOVEMBER 13, 1979
The Selectmen' s meeting was opened at 7: 55 by Chairman James A.
Lowe, with members Thomas G. Palumbo and Alan I. Adams present.
The minutes of the last meeting -were read and accepted.
Selectman Adams read the notice informing residents of Newbury
that the parking ban will go into effect December lst, and will contin-
ue until .April 1st.
Bruce Hiller was granted a renewal of an earth removal permit.
Selectmen approved a waste disposal plan of Edward Boyle. Mr.
Boyle was informed that he should have a licensed installer get in
contact with the Selectmen' s office as a first step.
At 8:00 p.m. Chairman Lowe opened bids for a 1980 Police Cruiser
The bids are as follows: Davy Chevrolet - $7,118.75 for a standard
size, and $6,645.76 for a medium size Chevrolet; Means Chevrolet-
Oldsmobile, Inc. - $6,905.00; and Volpone Ford - $7,181.00. The bids
include a trade-in on the Department' s 1978 Ford. A motion was made
and seconded to take the bids under advisement.
Robert Colby appeared before the Board and a discussion followed,
regarding the salt marshes at the Island being damaged, caused by the
Town tractor. Mr. Colby asked the Selectmen to request that the
Mosquito Control Division re-sod the area.
At 8:10 the meeting temporarily adjourned,and the Special Town
Meeting; was held until 8:20, at which time the Selectmen' s meeting
resumed.
Rosemary Loveday appeared in behalf of the Merrimack Valley
Medical Group and presented a report of a recent meeting.
The Selectmen' s meeting adjourned at 8: 30 p.m.
Respectfully submitted,
Dori's E. Hodge' Se etdty
NE7nBURY BOARD OF SELECTMEN
SELECTMEN'S MEETING
NOVEMBER 27, 1979
The Selectmen' s meeting was opened at 7:30 p.m. by
Chairman James A. Lowe, with members Thomas G. Palumbo
and Alan I. Adams present.
The minutes of the last meeting were read and accepted.
Chairman Lowe stated that all bids received on the 1980
Police Cruiser, (and read at the last Selectmen' s meeting) ,
were all in excess of the budget figure of $6200.00. An
attempt will be made to change the specifications in order to
reduce the cost of the vehicle.
Verne Noyes appeared at the meeting and there was a
discussion concerning the red tide.
The Selectmen appointed Hazel Potter, Southern Blvd. ,
Plum Island and ;Arthur Roach of Dartmouth Way, Plum Island,
to serve on the Council on Aging.
Mr. McIntosh appeared in behalf of the Merrimack Valley
Planning Commission. A discussion followed, concerning waste
disposal licenses.
The meeting adjourned at 8:00 p.m.
Respectfully submitted,
Doris E. Hodge, Secretai
NEWBURY BOARD OF SELECTMEN
n
SELECTMEN' S MEETING
DECEMBER 11, 1979
The Selectmen' s meeting was opened at 7: 30 p.m. by Chairman
James A. Lowe, with members Thomas G. Palumbo and Alan I. Adams
present.
The minutes of the last meeting were read and accepted.
Chairman Lowe read a letter of resignation from Linda Vieweg
who served on the Council on Aging. The Selectmen accepted her
resignation and appointed Albert Walker, Main Street, Byfield,
to fill the vacancy.
Douglas Blanchard, Boyscout Master, asked the Selectmen for
permission to use the Town Forest , off Hay Street, to build trails,
and also camping facilities. Selectmen granted their permission.
Chief Andrew Tuney presented a set of revised rules and
regulations for municipal Police Departments. This will be taken
under advisement.
A discussion was held with the Highway Superintendent with
reference to the repair of bridges in the Town.
The meeting adjourned at 8:,20 p.m.
C�Respectfully submitted,
Doris E. Hodge, Secretar
NE14BURY BOARD OF SELECTMEN
117
SELECTMEN'S MEETING
DECEMBER 26, 1979
The Selectmen' s meeting was opened at 7: 30 by Chairman
James A. Lowe, with members Thomas G. Palumbo and Alan I.
Adams present.
The minutes of the last meeting were read and accepted.
A bid from Means Chevrolet-Old. , Inc. , of Ipswich, in
the amount of $6200.00 for a 1980 Police Cruiser was accepted
by the Selectmen. There were no other bids.
Selectmen approved a State grant for vandal-proof fasteners
for traffic signs in the sum of $1200.00.
Upon a request by Chief Tuney, a motion was made and
seconded to appoint all members of Police Department as "lock-up
keepers."
The following were drawn for Jury duty:
Robert .A. Rogers, 97 Main Street, Byfield - Lawrence Court.
Ronald Thistlewood, 2 Forest Street, Byf field , and
Dorothy Cunningham, 52 Scotland Rd. , Newbury - Salem Court.
The meeting adjourned at 8:10 p.m.
Respectfully submitted,
oris E. Hodge, Secre y
Newbury Board of Selectmen
SELECTMEN'S MEETING
JANUARY 8, 1980
The Selectmen' s meeting was opened at 7: 30 p.m. , by Chairman
James A. Lowe, with member Alan I. Adams present.
The minutes of the last meeting were read and accepted.
Mary Ann Voraski was appointed a member of the Planning Board
to fill the vacancy caused by the resignation of Judy Kidd.
William Greenwood appeared and presented information with
reference to forming a new, non-profit group, expanding Emergency
Medical Services in Newbury.
John Travers, Highway Superintendant, received permission from
the Selectmen to cut, up to 3" of brush on Scotland Road.
The meeting adjourned at 8:00 p.m.
Respectfully submitted,
ores E. od e, Sec e ary
Newbury Board of Selectmen
_f.k
SELECTMEN'S MEETING
JANUARY 22, -1980
P
The Selectmen' s meeting was opened at 7: 30 p.m. by
Chairman James A. Lowe , with member Thomas G. Palumbo present.
The minutes of the last meeting were read and accepted.
Chairman Lowe read a complaint involving a dog owned by
Karen Kelley. The complaint was brought by Henry F. Trainor,
Superintendent of Triton Regional School.
By a unanimous vote, the Selectmen authorized the Town
Treasurer to borrow from Farmers Home Administration the sum
of $150,000.00 to be used for the purpose of putting a new
roof on the Newbury Elementary School.
State Representative John Gray attended the meeting and
there was discussion regarding Old Point Road and Sunset
Boulevard.
,At 7:40 the regular meeting adjourned, and the Selectmen
went into Executive Session. At 7: 50 the regular meeting resumed.
,At 8:00 p.m. a dog complaint was heard. The complaint was
brought by Harry Hall , Plum Island , against Jack Cahill , also of
Plum Island. Witnesses Harry Hall , Jack Cahill , Cheryl Morrill
and Richard Cunningham were sworn in by Ralph Lowell , Town
Clerk. After a discussion, Selectmen took the matter under
advisement for thirty days, during which time the parties agreed
that they .would try to resolve their differences.
l
The meeting adjourned at 8: 30 p.m.
Respectfully submitted,
Doris E. Hodge,--Secret y \
Newbury Board of Selectmen
SELECTMEN'S MEETING
FEBRUARY 12, 1980
The Selectmen' s meeting was opened at 7: 30 p.m. by Chairman
James A. Lowe, with members Thomas G. Palumbo and Alan I. Adams
present.
The minutes of the last meeting were read and accepted.
Police Chief Andrew Tuney was present at the meeting. He
requested that the Selectmen appoint Ronald E. McLeod , High Road ,
Newbury, as a Reserve Officer. The Chief said that Mr. McLeod had
passed the Reserve Officers' Exam held in Topsfield, Mass. , on
January 19, 1980. The Selectmen reviewed Mr. McLeod' s resume
prior to the meeting and upon motion duly made and seconded, it was
voted that he be appointed as a Reserve Officer to serve for a six
month period.
A second appointment was requested by the Chief. He asked that
Officer Glenn C. Little be appointed a full time Police Officer.
He also asked that the six month probationary period be waived whereas
Officer Little has served 18 months for the Town of Newbury in that
capacity under C.E.T.A. Upon motion duly made and seconded, it was
voted that Glenn C. Little be appointed as a full time Police Officer
for the Town of Newbury, effective March 1 , 1980. This appointment
will be in effect until June 30, 1981.
At 8:00 p.m. Chairman James Lowe read a dog complaint brought
by Superintendent Henry F. Trainor on behalf of Triton Regional
School , against Karen A. Kelley, 19 School Street, Byfield, Mass.
Ralph Lowell , Town Clerk, swore in the following witnesses:
Henry F. Trainor, Karen A. Kelley, Frank N. Kelley, Jr. and Dog
Officer Richard N. Cunningham.
Superintendent Trainor said that the complaint was brought
because the dog has become a nuisance, as well as a sanitation
problem in the building and cafeteria. He also made it clear that
the dog is not a vicious one.
Mr. Kelley stated that he believed, under the Laws of Massa-
chusetts, that the dog has the right to be anywhere, at any time, :s
whereas there is no Leash Law in the Town of Newbury. He went on is
say that if the dog is led into the school by someone, he can also
be let out by someone.
125
SELECTMEN'S MEETING FEBRUARY 12, 1980
Dog Officer Richard Cunningham said that whereas Newbury has
no Leash Law, if the dog is licensed and tagged, he is free to run,
with a few exceptions, one of them being a restraining order, and
another being a case of quarantine.
Chairman James Lowe said that it would seem that dogs have
more rights than people. He said he agreed that the dog is a nuisance
in the School , and the matter might be one for the .State Health
Department.
Mr. Cunningham said that it was his opinion that both the
students and administrators at the School had made their own problem
by not taking care of the matter sooner.
Selectman Alan Adams asked if the Kelleys would try to keep
the dog at home between the hours of eight and three. Mr. Kelley
did not answer that particular question, however, he did make the
statement that the dog was well trained and would go outside the
school if Adams, or anyone, would order him to do so. Mr. Adams
then asked him why he didn' t tell the dog to stay at home, as long
as he was so well trained. There was no answer to that question.
Upon motion duly made and seconded it was voted to take the
matter under advisement.
The following four persons were appointed to :serve on the
Personnel Board: Walter W. Mills, Hay Street, Newbury, Alfred L.
Thurlow, Marsh .Avenue, Newbury, William T. Paczkowski, 5 Anchor
Way, Newbury, and Robert Brown, 37 Middle Road, Newbury.
Selectmen accepted a report from Rosemary Loveday with
reference to Merrimack Valley Emergency Medical Systems.
The meeting adjourned at 8: 30 P.M.
Respectfully submi ted,
Doris E. Hodge,' Secre y
Newbury Board of Selectmen
127
SELECTMEN' S MEETING
FEBRUARY 26, 1980
The .Selectmen' s meeting was opened at 7: 30 p.m. , by Chairman
James A. Lowe, with members Thomas G. Palumbo and Alan I. Adams
present.
The minutes of the last meeting were read ,and accepted.
Mr. Paul Wheeler, a representative of New England Merchants Bank
of Boston was present at the meeting. The Road Project Bond Issue was
discussed with reference to the Newbury Road Issue. Mr. Wheeler said
that interest rates are very high and 8% is the present rate. He also
said that a $400,000.00 road paving project would cost homeowners $1.71
per thousand valuation in property .taxes next ,year, and would decrease
ten cents per year over a four year 8% bond issue. Mr. Wheeler said
that the money could become available by June lst if the project is
voted at the April 15th town meeting. Highway Supt. John Travers said
that road paving could be completed by September or October if started
in the Spring.
Selectmen signed an agreement to provide tax relief to the Merri-
mack Valley Beagle Club for 63h acres of open land located in the area
of Highfield and Middle Road, in exchange for a 30 year restriction on
development. :Attorney Ronald Sullivan of Newburyport represented the
Beagle Club.
Russ Moran of Elder Services, and Mary Smith, a Senior Aid, were
present. They asked the Board to consider joining the Merrimack Valley
Regional Transit Authority so that the transportation network can be
contracted for service. Transportation to doctor' s appointments, or to
the hospital will still be provided. The recreational van furnished to
the Town two mornings a month by Elder Services of the Merrimack Valley,
Inc. , will discontinue its services within the next six months.
Chairman Lowe read a communication addressed to Karen Kelley,
19 School Street, Byfield , and signed by James A. Lowe and Alan I. Adams.
The communication informed Mrs. Kelley to restrain her dog which has
become a nuisance at the Triton Regional School.
The meeting adjourned temporarily at 8:00 p.m. , and resumed at
8:30 at which time Selectman Palumbo spoke to the Chairman and asked
that it be inserted in the minutes that he did not support the Kelley
decision because he felt that the dog should only be restrained between
129
SELECTMEN'S MEETING FEBRUARY 26, 1980
7: 30 a.m. and 3:00 p.m. Monday through Friday.
Richard Gladstone, representing Merrimack Valley Planning
Commission addressed the Board and asked permission to conduct a survey
of Town Hall Employees as part of a larger study to investigate the
benefits of regionalizing data processing services. Chairman Lowe
said that he would need the approval of three Town Offices which would
be involved, since the officials hold elective positions.
Mr. Gladstone presented a second proposal concerning a program to
install a regional Town Administrator to serve as an agent to Town
departments and residents. He said that the Towns of Merrimac , west
Newbury and Groveland have agreed to participate in the program which
will be funded at 50'0 by the State. Chairman Lowe said. that he felt
that h'er=would not be interested in the proposal because he thought it
would cause the Town to lose its identity and also that it was just
another way to justify a State job. Mr. Lowe referred to the fact
that the Town was misled into joining the Coastal Zone Management
program, a State Program, funded with federal money. Chairman Lowe
said "the Coastal Zone Management is hanging us up on Plum Island
completely on the road construction of Old Point Road, and Sunset
Boulevard because of the Project' s encroachment on the salt marsh."
The meeting adjourned at 8: 50 p.m.
Respectfully submitted,
Doris E. Hodge, Secr ta` � ry
Newbury Board of Selectmen
f�Y)
SELECTMEN'S MEETING
MARCH 11 , 1980
The Selectmen' s meeting was opened at 7: 30 p.m. , by Chairman
James A. Lowe, with members Thomas G. Palumbo and Alan I. Adams present.
The date of May 20th was set for a Special Town Meeting to vote
on new zoning bylaws for the Town. Selectmen told the Planning Board
that they favored presenting a $5,000 article for continued professional
planning consultation at the Special Town meeting for zoning.
On motion duly made and seconded , it was voted to extend the
term of Reserve Officer Brian Bruneault to June, 1981.
Requests for part time dispatcher appointments for Beverly Cooper,
Haverhill Street, Rowley, and Cheryl Ricker, High Road, Newbury were
taken under advisement.
.Also taken under advisement was a request by Police Chief Tuney
for street lights near 27 Riverview Drive and near the Byfield Store
on Main Street.
The Selectmen approved the installation of gas service by Haverhill
Gas Company at 1 Maple Terrace.
Chairman Lowe announced that Peter Poor Ambulance Service of
Newburyport is increasing its contract price by $1 ,000 next year
because of gasoline and labor increases. Selectman Palumbo suggested
discussing a two to three year "commitment" from Peter Poor Company.
Selectmen appointed Edward Plumer of 8 High Road to the Personnel
Board, replacing Alfred Thurlow.
Selectmen voted to raise the non-resident permit fee for clam
digging from $3 to $5 per day, and to close the clam flats Sundays
from May 1 to October 31st. Shellfish Commissioner H. Verne Noyes
said that patroling expenses were going up and that Sunday closings
would help conserve the flats.
The question of whether Plum Island side streets may be included
in the proposed road re-surfacing project was the subject of discussion.
After reading a statement by Town Counsel James Lagoulis, Chairman Lowe
indicated it provided justification for excluding private ways on the
Island from the $400,000 road project.
Highway Supt. John Travers stated that he will begin preparing
bid specifications for the construction work after July 1 , when the
present contract with Trimount Company expires.
The meeting adjourned at 8:40 p.m.
espectfull submitted,
Doris E. Hodge, Secr r
Newbury Board of Selectmen
JJ1
PUBLIC HEARING
MARCH 19, 1980
A public hearing was held at the Town Hall , March 19, 1980,
Chairman James A. Lowe opened the hearing at 8:00 p.m. Select-
men Thomas G. Palumbo and Alan I. Adams were present. The
purpose of the hearing was to discuss the Birch Lane Subdivision.
In attendance were Robert Bagshaw, Developer of Berco, Inc. ,
Woodbury Cammett, Engineer, and John O'Connell , representing
the Planning Board. Stanley & Doris Stellmach, 77 Central Street ,
attended the hearing and complained that the insufficient height
of the road banking on Birch Lane has caused water to run down
the street onto their property.
Mr. Bagshaw, the Planning Board and the Stellmacks will meet
at the site on Saturday, March 22nd to try to resolve the issue.
At the close of the hearing, Selectmen took under advisement
the request by Robert Bagshaw to recommend that the Town accept
Birch Lane as a public way.
If the Board endorses the acceptance of Birch Lane as a
public way, road plans will be signed and the issue will come
up for a vote at the annual April 15th town meeting.
Selectmen will review reports by Highway Supt. John Travers
and the Planning Board before making a decision.
The meeting adjourned at 8:40.
Respectfully submitted,
Doris E-. Hodge, Secret y
Newbury Board of Selectmen
ER-CO NC. P. 0. BOX 22 WEST NEWBURY, MASS. 01985
TEL. 346-8881
General Contractors
March 18, 1980
Board of Selectmen
Town of Newbury
Newbury, Mass.
Subject: Birch Lane
Sub-division
Gentlemen:
We would like to address the items remaining to be completed on Birch Lane
as per Mr. Johnson's memo of March 11, 1980.
1. Completion of landscaping and seeding.
The loaming is completed with the exception of the shoulders along
the Hyde property and an area along the Stellmach property where
the grade has to be raised. The rest of the areas including the
drainage swale must be raked and seeded.
2. Grading for proper drainage.
Other than the areas addressed under item 1 above, we believe all::
gradngito,.becomplete.
3. Seeding of the bank on the School Street end as well as a berm at
the foot of the bank.
We believe that a seeding of this area is inappropriate in that it
. would be impossible to maintain. It is our intention to plant the
slope with Junipers or some other type of ground cover.
As for the installation of the berm, we feel that the planting as
mentioned above will stabilize the slope and eliminate the neces
sity of a berm. Also, a berm installed at this time would be to
no avail in that the bond -to the pavement would be inadequate and
it would not stay in place.
4. Completion of sidewalk on Central Street end.
i There is a small area of the finish course about four feet square
inadvertently left out by Essex Bituminous. They are aware of it,
and will install it when the Asphalt plant opens this Spring. The
sidewalk will terminate at approximately station 0+25 as per sub-
division plan.
c 2)
Below are our estimates of costs to complete the above referenced items:
Items 1 & 2 Seeding & Grading $1,000.00
Item 3 Planting of Slope 800.00
Item 4 Sidewalk completion 200.00
TOTAL 2,000.00
We hereby request that the $2000.00 be held in an interest bearing sav-
ings account in the name of BERCO Inc with the passbook to be held by an
escrow agent acceptable to both parties. Funds to be released upon com-
pletion of the items referenced above.
Very truly yours,
Robert E. Bagshaw, President
REB/lmm
SELECTMEN' S MEETING
MARCH 25, 1980
The Selectmen' s meeting was opened at 7:00 p.m. by Chairman James A.
Lowe, with members Thomas G. Palumbo and .Alan I. Adams present. Members
of the Finance Committee were also present.
The minutes of the last meeting were read and accepted.
Although no final budget figures were available at the meeting, it was
noted that the budget exceeds the four percent cap. The final figures
will be forthcoming later this week.
Peter Poor was present and requested an additional $1 ,000 on his three
year service contract to offset rising costs. Selectman Palumbo told
Poor he felt that the contract was signed in good faith and it was
accepted in good faith. Selectman Adams said he felt an additional
$500.00 would be fair, noting that "costs have goneJout of sight." The
recommendation of additional money being paid to Poor will be subject
to town meeting approval.
Chairman Lowe reported that during the past month, town officials
walked and marked the boundaries in Georgetown, Rowley, Groveland, West
Newbury and Newburyport. He said that whereas Newbury is the oldest
town, the local Selectmen have to initiate the Perambulation which is
done every five years.
A detailed request for information and a schedule concerning the much
discussed $400,000 general proposal for up-grading various roads in
town was brought to the attention of Board members by Selectman Palumbo.
The brochure, concerning the proposal of Highway Supt. John Travers,
includes several general questions and a schedule. The Schedule is to
be completed for the purpose of providing him with specific information
so he can comprehensively and intelligently assess the proposal.
Selectman Palumbo also requested that the Board review the material
and consider supporting this approach. He asked that his letter and
the attached memorandum and schedule be placed in the minutes of this
meeting.
Selectman Palumbo said that completion of the schedule will provide
adequate answers to his questions and in time will offer the administra-
tion and townspeople a detailed breakdown of Supt. Travers' proposal ,
and how the money will proportionately be spent.
In other business, the Oldtowne Clammers were granted permission to use
the Upper Green on Thursday nights to play ball as well as the Lower
green on Tuesday evenings.
A Tag Day on .April 5th to be held by the Triton Youth Hockey Mothers
::Association was also approved by the Selectmen.
Permission was granted Haverhill Gas Company to install service at
43 Hanover Street for an emergency excavation at 32 High Road, which
would extend around the corner onto Parker Street.
�C J
l 1.� f
SELECTMEN'S MEETING March 25, 1979
Upon motion duly made and seconded it was voted to appoint Cheryl
Ricker as Dispatcher and Lock-Up Keeper for the Newbury Police
Department for a probationary period of six months.
Selectman Adams publicly thanked Chief Tuney for his recent drug abuse
program. Chairman Lowe also extended his appreciation with Selectman
Palumbo agreeing and requesting a vote to write notes of appreciation
to those who participated in the program.
The following dog complaints were read and public hearings on all will
be scheduled for the next Selectmen' s meeting: Helen Gill , Harvard
Way, Plum Island , complained about a dog owned by Constant Christuk,
Sunset Drive, Plum Island; Dog Officer Richard Cunningham entered a
complaint against a dog owned by Jack Cahill , Ivy Lane, Plum Island,
and Pat Skibbee, West Street, Byf field.
Chairman Lowe stated that Perc Tests in Newbury will be opened April
lst and will continue through May 31st.
Sewerage Disposal Permits were issued to Arthur Cronin, 21 Beacon
Street, .Amesbury, R. H. Jackson Co. , Inc. , 17 Merrill Street, .Amesbury,
and to John .A. Gallant, 5 Middle Road, Newbury.
Renewal of Parking Lot Permits were granted to Michael P. Villane,
Plum Island Blvd. , and Donald Phillips, 15 Unicorn Street, Newburyport.
Permission was granted New England Telephone Company to install five
poles on the Newburyport Turnpike. Massachusetts Electric Company was
granted permission to install a pole on Newburyport Turnpike and on Elm
Street.
Renewal Licenses to buy and sell gifts, antiques and second hand
articles were signed for Robert F. Urbano, 239 High Road; Marilyn &
Gerald Chase, 96 High Road, and Richard T. Joy, 1 Tory Lane.
Selectman Palumbo mentioned the fact that the snow fence at Plum Island
had been removed in March this year and he wondered why it was done so
much earlier this year than in other years.
The meeting adjourned at 8:45 p.m.
Respectfully submitted ,
Doris E. Hodge, Secr ary
Newbury Board of Selectmen
TOWN OF NEWBURY
Office of
,&y9ACuCON SELECTMEN
AND BOARD OF HEALTH
� �;-.:. • ' NEWBURY, MASS. 01950
4.
^1••PARNCR RIVER. A'�•
�0
0�'°0 ��\10 March 25, 1980
RATED MN
Board of Selectmen
Town Hall
25 High Road
Newbury, Mass. 01950
Gentlemen:
Attached herewith is a detailed Request for
Information and accompanying Schedule which I this
day have forwarded to our Highway Superintendent,
John Travers.
As you know, he has presented us with a general
proposal to spend $400,000.00 of local funds to up-
grade various town roads.
I am hoping that answers to my general questions
and completion of the enclosed Schedule will provide me
with specific information by which to comprehensively
and intelligently assess this proposal.
I respectfully request that you take time to review
the enclosed, and consider supporting this approach.
I further request that this letter, the accompanying
Memorandum and attached Schedule be placed in the minutes
of our Selectmen' s meeting this 25th day of March, 1980.
Re pectfully,
homas G. Palumbo
TGP/dh Newbury Selectman
7
March 24, 1980
MEMORANDUM FROM: TH01AS G. PALUMBO, SELECTMAN -
TO: HIGHWAY SUPERINTENDENT JOHN TRAVERS
REFERENCE: $400.,000 ROAD PROGRAM FOR FISCAL 1980-1981
You have submitted to the Board a general request for $4001000-
to be used to purchase materials to upgrade a number of Town roads. f
Kindly answer the following questions and fill in the enclosed
schedule which when completed will provide me with a more detailed
analysis of your proposal.
I. Attached one (1) list of streets scheduled for proposed
upgrading.
A.- What are the proposed widths? '
B. Which streets will be scarified?
1. List approximate number of square yds. of scarification
per street.
C: What type of construction is proposed for each street.
D: What type of surface is proposed for each street. I.E.
oil/gravel, stone seal, hot top overlay.'
E. List the streets which should require full depth
construction. -
Completion of the enclosed schedule will provide adequate answers.
to my above mentioned questions and will in time provide the Administration and
( townspeople with a detailed breakdown of your proposal and how this money will
proportionately be spent:
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(19
SELECTMEN'S MEETING
APRIL 8, 1980
The Selectmen' s meeting was opened at 7: 30 p.m. by Chairman James A.
Lowe, with members Thomas G. Palumbo and Alan I. Adams present. The
minutes of the last meeting were read and accepted.
Stanley Paradis , an out of town resident , appeared before the Board to
ask if the town would accept, as a gift, a lot of land , together with
the buildings thereon, on Old Point Road, Plum Island. The property was
willed to him, his sisters and in-laws, four years ago by his parents.
He said that none of the family had any interest in the property and it
had become a nuisance because it had been vandalized and was in a deterior-
ated condition. Chairman Lowe, speaking for the Board, said the town would
gladly accept the land and buildings. He asked Mr. Paradis to bring a
Quitclaim deed to the next meeting.
A representative of Howard Johnson' s Restaurant, Byfield, was given
permission to apply to the Town Clerk for a license to install an electronic
amusement game. The representative stated that the game involved no
stakes or pay-offs.
Selectmen asked Highway Supt. John Travers to inspect a complaint by
Edwin Davies, 305 High Road, that his property is being flooded during
rains as a 'result of poor drainage on Marsh Avenue. Selectman Adams
suggested that a swale be installed along the road.
Selectmen appointed Joseph L. Frost as a member to the Council on Aging.
Selectmen told Lanny Colton of Northshore Solar Design that they would
consider his request to use the Green for playing softball.
Beverly Cooper, Haverhill Street, Rowley, was appointed as a part-time
dispatcher, secretary and lock-up keeper for a six-month probationary
period.
At 8:00 p.m. bids for highway construction materials were opened and
were taken under advisement.
At 8:15 a scheduled dog hearing involving a dog owned by Jack Cahill
of Plum Island was postponed until the next meeting because the owner
did not appear. Dog Officer Richard Cunningham will hand deliver the
notices to the parties involved.
A dog hearing was heard regarding a dog owned by Constant Christuk,
Sunset Drive , Plum Island. The complainant was Helen Gill , Harvard Way,
Plum Island. , The following witnesses were sworn in by the Town Clerk:
Constant Christuk, Helen Gill , Rose Davis, of Harvard Way, Plum Island
and Dog Officer Richard Cunningham. After much arguing, Mr. Christuk
denying the charge, and Rose Davis saying she saw the Christuk dog attack
Helen Gill' s poodle, the Board of Selectmen ordered the restraint or
disposal of Mr. Christuk' s dog, and the hearing was closed.
.Another dog complaint was heard regarding a dog owned by Pat Skibbee ,
West Street, Byfield. The following witnesses were sworn in by the Town
Clerk: Pat Skibbee, Michael Fosberg, Richard Johnson, Edith Johnson and
Dog Officer, Richard Cunningham. The complaint was brought because the
dog owned by Pat Skibbee had killed a rooster owned by the Johnsons.
141.
SELECTMEN' S MEETING April 8, 1980
Mrs. Skibbee said that her dog is now restrained. She offered to pay
the Johnsons for any damages. Mrs. Johnson thanked her, but declined.
The Board of Selectmen ordered the restraint or disposal of Mrs.
Skibbee' s dog and the hearing was closed.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Doris E. Hodge, Secreta
143
SELECTMEN'S MEETING
APRIL 22 , 1980
The Selectmen' s meeting was held at ?: 30 p.m. , at which time the
Board reorganized. Chairman James A. Lowe nominated newly elected
Selectman Angie Machiros as Chairman. The nomination was not seconded.
Angie Machiros nominated Alan I. Adams as Chairman and it was seconded
by Selectman Adams. Chairman Adams nominated Angie Machiros as Clerk
and Selectman Lowe seconded the nomination.
Lanny Colton, representing Northshore Solar Design, received
permission from the Board to use the Green on Sundays from 12:00 noon
to 2: 30 for the purpose of playing ball.
Stanley Paradis presented the Board with a deed transferring a piece
of property on Old Point Road, Plum Island , to the Town of Newbury. The
deed will be referred to Town Counsel.
Chairman Adams stated that the Comfort Station Project is in the
"tentative talking stages" , and said that he is concerned about vandalism
to the station. He appeared to favor portable toilet units to be placed
in parking lots or other areas whidh could be secured at night. Select-
man Machiros suggested that perliaps a comfort station building could be
maintained by lifeguards. The matter will be brought up again at the
next meeting.
Chairman :Adams suggested that the Board consider summer trash pick-
up on the Island at the next meeting.
Larry Drouin, Fordham Way, addressed the Board and requested that
all dogs be leashed on the Island. His son was attacked last summer and
was seriously injured. Selectmen said that the matter would have to be
proposed at an annual town meeting.
Selectmen tentatively agreed to allow Gerald Kent of Rowley, who is
organizing a group in an attempt to save the former John P6 Marquand es-
tate on Kent' s Island, to use the Town Hall as a meeting place.
Mary Jane Ray, of Harvard Way, Plum Island, appeared and asked the
Board what proof was needed to determine that a garage was actually a
house, and what could be done about it. She referred to the Becker
building on Harvard Way. Plilip Becker received a building permit to
construct a garage and storage building. Selectman Lowe told the woman
that an occupancy permit is required before a building can be inhabited.
At 8:00 p.m. , a dog complaint was heard. The dog is owned by Jack
Cahill , of Ivy Lane, Plum Island, and the complainant is Harry Hall of
Melody Lane, Plum Island. The Town Clerk swore in the following witnesses
Harry Hall , Jack Cahill , Cheryl Merrill , and Dog Officer Richard Cunning-
ham. This was the _,�-'2nd� hearing with reference to this matter as appar-
ently the parties could not work out the situation by themselves. The
owner has failed to keep his dog away from Mr. Halls property. Selectmen
voted two to one that Jack Cahill should either restrain or dispose of
his dog. Selectman Machiros stated he did not favor complete restraint.
but would favor restraining the dog certain hours. The hearing was closed
The Board agreed to propose a special town meeting article to use
the remainder of snow removal funds for improvement of four secondary
streets (Hay St. , Boston Rd. , Green St. , and Coleman Rd.)
Selectmen' s Meeting (April 22, 1980) Continued
Chairman Adams read a communication from Donald Mutch. The letter stated
that Mr. Mutch would like to retti!re as Wiring Inspector at the end of this
year. A letter will be sent, accepting his resignation with deep regret.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Doris E. Hodge; Secrecy
Newbury Board of Selectmen
SELECTMEN' S MEETING
MAY 7, 1980
A special meeting of the Selectmen and the Finance Committee was
held at 7: 30 p.m. Chairman Alan I. Adams opened the meeting. Selectmen
James A. Lowe and Angie Machiros were present.
The Chairman read a letter of resignation from Highway Superinten-
dent John C. Travers. A motion was made by the Chairman to accept the
resignation and the motion was carried unanimously.
Selectman Lowe nominated Walter Mills as a temporary replacement
for Highway Superintendent Travers. Walter Mills declined. Selectman
Machiros nominated George Pollard of Salisbury as a temporary replace-
ment for Mr. -Travers and Chairman Adams seconded the nomination. The vote
was carried by two in favor and one present. Selectman Machiros made a
motion to appoint Walter Mills as Working Foreman until the end of June,
1980. Chairman Adams seconded it, and it was a unanimous vote. Selectman
Lowe said that the reason why he nominated Walter Mills was because he
felt he had a rare quality of being an excellent supervisor; he gets along
well with the work force and sees that the work is done right.
The superintendent' s job will be advertised before June 30th.
On motion duly made and seconded it was voted to hold the adjourned
annual town meeting on the 15th, at 7: 30 p.m. The meeting will be held
at the Newbury Elementary School , and voters will be asked to authorize
a budget which exceeds the spending cap. A two-thirds vote is needed
to approve the appropriations voted at the April 13th town meeting.
Selectmen and Finance Committee will review several transfers for under-
budgeted departments and accounts before the end of the fiscal year.
The meeting adjourned at 9:15 p.m.
Re gectfully submitted,
Doris E. ;Hodge, Sec etary
Newbury Board of Selectmen
1_47
SELECTMEN'S MEETING
MAY 13, 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
.Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present. The minutes of the last meeting was read and accepted.
Mr. Guy Kelly, Deputy Director of CETA attended the meeting. He
said that at the present time, there are over 40 training programs for
people who are CETA eligible and are interested in obtaining gainful
employment. He left written information regarding these programs, and will
be in contact with us shortly.
Mr. Chuck'.-' Bear was present. He is interested in getting the contract
for rubbish pick-up at Plum Island for the summer. Selectmen asked Mr.
Bear to present his bid as soon as possible.
Mr. Jacob Checkoway attended the meeting, and when asked about the
trash that is collecting on his Hanover Street property, he replied that
he was not responsible for putting it there. Selectman Machiros asked
Mr. Checkoway if he would see that the trash is removed, and Mr. Checkoway
said that he would be very willing to see that it is removed within 30 days.
Barbara Peabody appeared and said that the Town had taken down a tree
in front of her home. Some of the branches were given to someone who
was not an abutter. She was of the opinion that she had first refusal.
Chairman Adams asked the TreeoSuperintendent, Robert. Colby, to notify the
abutters prior to taking down any trees in the future , so that they will
be able to get all of the wood if they want it. Mr. Colby was in agreement
with the request.
Mr. Colby said that he would like to speak about a problem of his
own. He said that Town equipment went onto .his marshland property on Old
Point Road and broke through the surface of the marsh; as a result he
. suffered $400.00 in damages. He 'would like to have the property repaired.
Selectman Machiros will inspect the damage with Colby and report to the
Board.
The Chairman read a letter of resignation from Bruce Ilsley, who
works for the Parks Department. Selectman Lowe made a motion to accept
the resignation, and Selectman Machiros seconded it, with Chairman Adams
in agreement. Selectman Lowe said that Bruce has done a fine job and we
will be losing a good man.
On motion duly made and seconded, it was voted unanimously to trans-
fer funds of $2 ,000 for Highway Labor, and V.1 ,000 for Truck Maintenance.
The owner of Bill' s trucking, Bill Allen was present. He is interested
in getting the contract for picking up the rubbish at Plum Island this
summer. Mr. Allen said that he realized that the service last year was
not up to standard, but this year we will be able to oversee the men who
are working for him, and he' will try to improve the service. He will submit
his bid very shortly.
Mary Jane Ray appeared with reference to the Becker building at Plum
Island. She questioned Mr. Caldwell , the Building Inspector, as to the
permit that was given to Mr. Becker. Mr. Caldwell stated that the original
permit was granted for a garage, storage area and work shop , which would
not necessitate the need for water. He went on to say that at the time
the amended permit was applied for, it was his suspicion that it was going
A
Selectmen' s Meeting(May 13, 1980) Continued
to be a dwelling, and at that time, he wrote to Mr. Becker. The file
has now been turned over to the Town Counsel , James Lagoulis. Mr. Caldwell
stated further, if Mr. Becker secures the building (windows, doors and
siding) , it is at his own peril. Mrs. Ray then asked the Selectmen if they
had any intention to give Becker an occupancy permit. The Selectmen
stated that they were committed to follow Title 5 of the State Code.
Edward Brown was present, and, s.tated that one of his neighbors had
offered to upright the Milestone at the corner of Boston Street and Middle
Road , which has for several years been leaning badly, and is in danger of
becoming damaged by neglect. . The Selectmen told Mr. Brown that they had
full confidence that he would see that the job was done right, and that
he had their "ok" to go ahead.
Nick Ivone was present and asked what was needed to prove that a
pack of dogs were a. nuisance. He was advised to register a written complaib
On motion duly made and seconded, it was voted to have Rosemary Loveday
as our representative for the Merrimack Vally Medical Services again this
year.
It was unanimously voted to notify George Perkins to go ahead with
the painting of one side of the Town Hall. Mr. Perkins quoted a price
of $375.00.
Selectman Machiros made a motion that we rent four portable toilets
for Plum Island during the summer. Selectman Lowe stated that public
funds cannot be used if the portables are placed on private property.
Selectman Machiros stated that they will be put on Town property and will
not be put on private property. Chairman Adams seconded the motion and
Selectman Lowe voted present. The toilets will be rented by the month,
beginning with May 15.
Selectman Lowe, Agent for the Board of Health, stated that May- 30th
is the last day for pert tests.
The meeting adjourned at 9: 30 p.m.
Respectfully submitted,
Doris E. Hodge, Secretar
Newbury Board of Selectmen
SELECTMEN'S MEETING
MAY 19, 1980
A special meeting of the Selectmen was held on May 19, 1980, at 11:45a�
Chairman Alan I. Adams and Selctman Angie Machiros were present, to-
gether with a representative from Farmers Home Administration and the
Town Treasurer.
Chairman Adams opened the meeting by reading a note from Farmers
Home Administration. Upon motion duly made bYChairman Adams and seconded
by Selectman Machiros, it was voted to execute a note in the sum of
$142,000. for 10 years at 5%.
In other business, bids for Plum Island trash pick-up were discussed.
Chuck Bear of Byfield submitted a bid of $195.00 per day. Bill' s Trucking
of Essex submitted a bid for $210.00 per day. The Selectmen were in
agreement that Chuck Bear be awarded the contract, provided he brings in
an insurance certificate showing complete coverage.
Selectmen' s Meeting (May 19, 1980) Continued
The rubbish will be picked up on Wednesdays and Saturdays, beginning
at 9:00 a.m. No rubbish should be put out the night before.
The meeting adjourned at 12:05 p.m.
Respectfully submitted,
Doris E. Hodge, Secret y
Newbury, Board of Selectmen
SELECTMEN' S MEETING
MAY 27, 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I. Adams
opened the meeting. Selectmen James A. Lowe and Angie Machiros were
present. The minutes of the last meeting were read and accepted.
Robert Henderson, of Henderson Towing Company, Hale St. , Newburyport,
was present. He asked the Selectmen to consider placing him on the towing
list. Chief Tuney was called upon for his opinion, and he stated that he
has been having al-lot of trouble concerning the towing services. The
Chief requested, and was given permission toask the Town Counsel , James
Lagoulis for a legal ruling on the dropping of Towing Agreements. He will
report back to the Board in two weeks.
Mr. MacDonald from Harvard WAy, Plum Island requested that two Speed
Limit signs be posted, one at the beginning of Harvard Way, and another
just before Southern Boulevard. The matter will be looked into by Chief
Tuney.
Selectmen granted acting Highway Supt. George Pollard permission to
begin road work on Central Street.
Arthur Roach, Chairman of the Council on Aging, was present. He
asked the Selectmen if an office for the Council could be set up somewhere
in the Town Hall. After a brief discussion Chairman Adams spoke with the
Assessors. They were agreeable , as were the Selectmen, to let the Council
use the conference room between 10:00 a.m. and 2:00 p.m. , five days a
week, with the stipulation that if the room is needed, the Council will use
the main hall. v.A5s.eparate phone will be installed by the Council and they
Q
will also furnish a filing cabinet.
Haverhill Gas Company was given permission to install lines on Hanover
Street (Newbury Elementary School) , Main Street and Graham Avenue (Wood-
bridge School) and Central Street (Byf field School) . The applications were
signed with the provision that the Gas Company will comply with the
stipulations set by the Highway Department for the patching of the roads,
after the lines are laid.
Selectman Angie Machiros praised Chuck Bear for the good job he did
in picking up the trash at Plum Island on May 24th his first day of service
to the Town.
The Paradis deed has been returned from the Registry in Salem. The
land and buildings referred to in the deed, and located on Old Point Road,
Plum Island, now belong to the Town of Newbury. The Building Inspector
will be requested to go to the Island and make a survey of the property.
15
Selectmen' s Meeting (May 27 , 1980) Continued
Townscape Associates will meet with the Selectmen on Monday evening,
June 2nd, at 7: 30, here at the Town Hall.
On Tuesday evening, June 3rd, there will be a Department Head meeting
at 7: 30.
The meeting adjourned at 8:25 p.m.
Respectfully submitted,
Doris E. Hodge , Secretary
Newbury Board of Selectmen
DEPARTMENT HEAD MEETING
JUNE 3, 1980
The Department Head meeting was called to order at 7: 30 p.m. by
Chairman Alan I. Adams. Present were Alan Adams, James Lowe and Angie
Machiros.
Department Heads present were:
Charles Waterman - Finance Committee
Robert Colby - Tree Warden
Richard Cunningham - Conservation Comm / Dog Officer
Henry Becker - Chairman, Board of Assessors
Keith MacNutt - Town Auditor
George Pollard - Highway Department
Dolores Krupowicz - Treasurer and Collector
Andrew Tuney III - Police Chief
Verne Noyes - Fish Commissioner, Board of Fire Engineers
Ralph Lowell - Town Clerk
Barbara Peabody - Chairwoman, Planning Board
Ruth Yesair - Library Trustees
Kathryn Brown - Library
Chairman Adams stated the reason for the meeting was to discuss
the financial condition of department budgets and determine what transfers
will be needed. A special town meeting is tentatively scheduled to be
held on June 25, 1980.
Various transfers were discussed with heads of departments. Tentative
amounts discussed were: $12,933.34 - due to interest incurred as a result
of borrowing by the Town Treasurer. The borrowing was necessitated by
tax bills being mailed late due to delays in computer processing of
valuations; Highway Department - $4,500.* for Highways, Bridges and Side-
walks, Highway Labor and Highway Surveyor' s Salary; Town Halls' Maintenance
an amount to be determined ; Legal expense - $500 +; Planning Board - $252. ,
printing costs and Fire Alarm Maintenance, $254.+. Chief Tuney reported to
the Board he expects to have a surplus in his budget.
Edwin Sternf elt , Harbormaster, (not present) requested in writing to
the Board, two portable radios with police bands, and an .Assistant Harbor-
master. This request was taken under advisement.
r
D
Department Head Meeting (June 3, 1980)
Barbara Peabody, Chair,-moman of the Planning Board asked the Board
of Selectmen if the By-Law package could be part of the Special Town
Meeting to be held on the tentative date of June 25th. The Board declared
in mutual agreement that it was too soon after the annual town meeting.
The meeting adjourned at 8: 55 p.m.
Respectfully submitted,
Angie Machiros
SELECTMEN'S MEETING
JUNE 10, 1980
The Selectmen' s meeting was held at 7: 30 P.m. in Town Hall , and
was opened by Chairman Alan Adams. Selectmen James Lowe and Angie Machiros
were present. The minutes of thelast meeting were read and accepted.
Mr. Tony Salamanca of the State Department of Public Works was present ,
at the request of the Selectmen, to discuss Scotland Road and Old Point Road
Sunset Drive road projects. Mr. Salamanca told the Board if $48,000 for
engineering studies was appropriated by the town it would be reimbursed to
the town next spring and the State design of the road would fit the needs
of the town 25 years from now.
On the matter of the Old Point Road and Sunset Drive project, Mr.
Salamanca read a letter from Secretary John Bewick of Environmental Affairs
that stated the scope of the road may be modified, however, an , environmental
impact report has to be submitted. Selectman Machiros stated he received
a price of $2 ,000 to $3,000 for the impact statement.
Chairman of the Finance Committee was present at the request of
Chairman Adams. Several ways were discussed on how the money would be
obtained for the road projects. It was determined Scotland Road monies
($48,000) would come from the Revenue Sharing account. Also, approximately
$5,000 was appropriated by the Board to repair the worst section of Scotland
Road until construction begins. This amount also would come from Revenue
Sharing. Monies from Revenue Sharing will be voted upon at the special
town meeting on June 25th. The Impact Report cost of approximately
$2 ,000 to $3,000 will come from the $50,000 set aside for the Sunset Drive a
and Old Point Road Project. The Board voted unanimously in favor of both
Scotland Road and the Sunset Drive/Old Point Road Projects.
Miss .Arlene Jones of Turning Point, Inc. , was present at the request
of the Board , to explain the summer youth program. After her presentation
to the Board , Chairman`.Adams asked if the insurance and payroll would be
Turning Point' s responsibility; she replied that it would, and these youths
are hired only after interviews by department heads. Chairman .Adams re-
quested local youths be part of the group if possible. The Board voted
unanimously in favor.
Representatives from Governor Dummer Academy were present to see if
the Board would vote to petition the County Commissioners and declare the
Old Elm Street no longer a County way. A set of blue prints showing the
Old Elm Street were left with the Board. The Board decided to turn them ove
157
Selectmen' s Meeting,June 10, 1980 (Continued)
to Town Counsel and the Planning Board for their views on the matter.
Mr. William J. Griffin of 59 Middle Road, requested a street light
on pole #2/3 and this was unanimously approved by the Board.
John O' Connell was reappointed unanimously by the Board as an
alternate member to the Merrimack Valley Planning Commission.
Mrs, Janet Scott of 11 Howard Street, ,Newburyport, requested in
writing, permission to run the annual road race sponsored by the Byf ield
Methodist Church. The board voted unanimously in favor.
Chief Tuney recommended and the Board unanimously approved the
following as lifeguards at Plum Island: Cynthia J. Fish, head lifeguard;
Margaret Stokes, John Morris , Mark E. David. Mary-.Anne Osborn, Christine
Adolph and Lauren Foley.
The meeting adjourned at 9:20 p.m.
Respectfully submitted,
Angie Machiros, Clerk
SELECTMEN'S MEETING
JUNE 24, 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
.Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present. The minutes of the last meeting were read and accepted.
Bill Page from Page Insurance was present. He suggested adding
$600,000. more coverage, and this would cost the town $2 ,300. more a year.
The present policy runs out in September. The Selectmen asked Mr. Page
to re-write the policy as of July 1 , to conform with our fiscal year.
Mr. Page agreed. He added that package discounts will be worked out in
the near future and he will present the exact figures at our July 8th meet-
ing.
Chief Tuney presented a list of names to be considered for appoint-
ments. The names were all in agreement with the Board.
Selectman Machiros commented that he wished to thank the Chief for
a job well done at Plum Island the past weekend. He said the officers
took care of the congestion problem very well.
Mr. Joseph Boivin, 28 Central Street, ' Byfield, was at the meeting
and complained about his neighbor who is the owner of a dog kennel at
30 Central Street. He said the odor from dog excrement which is kept in
buckets and stored near his home is very strong. James Lowe, Agent for
the Board. of Health, will investigate the complaint.
Selectmen' s Meeting of June 24, 1980 - Continued
Mark Demmons was present and told the Selectmen that he would like
to run a woodworking shop at the former Cheesecake Building at the Island.
He would also like to make an apartment upstairs. The Selectmen told him
his first step would be to obtain a variance from the Zoning Board of
Appeals.
At 8:00 p.m. bids for road materials were read and they were taken
under advisement.
The owner of the Beachcomber at Plum Island was at the meeting. He
asked and. received permission to operate computerized games, i.e. hockey
and baseball. He asked about having a pool table permit but this request
was denied after hearing Chief Tuney say that in his opinion pool tables
have caused police problems in the past. The owner did say that it wouldn'tbe
a financial hardship if he could not have the pool table at the restaurant.
Mr. Russell was present. He owns rental property at 5 Northern Blvd.
Plum Island. He said that he heard that Donald Phillips was complaining
about the drain pipes leading along the outside of Russell' s house having
an odor. He said he plans to put the pipes inside the house. Selectman
Machiros stated that the police have had to go to the same house because
of the noise caused by the tenants. Mr. Russell said that he will notify
the people living there that they will have to move if the noise isn' t
stopped. L
A dog complaint brought by Roger & Lois Kiraly, 13 Withington Street,
Newbury, against Mr. & Mrs. Charles MacLean, 18 Withington Street, was
read by the chairman. Dog Officer Richard Cunningham will hand deliver
a notice informing the MacLeans to be present at the next Selectmen' s
. meeting, July 8, at 8:00 o' clock. The complaint will be heard at that
time.
The Fish Commissioners requested and received permission to close
Dole' s Island to commercial clam digging from 'June 30th to November 1 ,
1980.
The Selectmen gave Bob Doyle permission to use the Upper Green on
Wednesday evening to play softball. His group is connected with the
Anna Jaques Hospital,
Haverhill Gas Company was given permission to install service at
76 Hanover Street, Newbury.
Selectman James Lowe said that he has been appointed to the Executive
Board of the Essex County Selectmen' s Association. He was congratulated
by the Chairman and Selectman Machiros.
16
Selectmen' s Meeting of June 24, 1980 - Continued
A list of all the appointments made at this meeting is fzl-ed�._.,
All those appointed were mailed appointment slips , to be presented to
the Town Clerk so that he may take their oath.
The meeting adjourned at 9:25 p.m.
Respectfully submitted,
Doris Hodge, Secreta .y
SELECTMEN' S MEETING
JULY 11 1980
An open meeting was held at 7: 30 p.m. Chairman Alan I. Adams
opened the meeting. Selectmen James .A. Lowe and Angie Machiros were
present. The Chairman stated that the purpose of the meeting was to
interview applicants for the position of Highway Superintendent.
George Pollard was the first applicant to come before the Board.
He stated that he felt duly qualified to fill the position, t,rhereas he
has worked for the Highway Department for six years. Selectman Lowe
stated that supervision of the men working for the Superintendent was
most necessary. Mr. Pollard agreed, and said that he felt he had good
command over his crew. He is now the acting Highway Superintendent, and
has held that post for one month. The Board stated that they felt that
Mr. Pollard should acquaint himself fully with all phases of the paper
work involved, as he will have to take charge of the same very soon.
Mr. Pollard said that he saw no problem, and added that Walter Mills has
been a big help to him. He further stated that the four young men from
Turning Point, who are working for the summer, have been doing a good
job, and are following his orders very well. Mr. Pollard said that he
will take particular notice of the streets that need cleaning and will
supervise the youngsters to see that the work is done in good time. The
Selectmen stated that they have been very satisfied with George' s work
so far, and they thanked him for submitting his application.
At 7:40 the Board interviewed Bruce Ilsley. Bruce formerly worked
for the Highway Department° taking care of the Parks. He said that he
realized he didn' t have too much experience but felt that he wanted to
try for the job anyway. He said that he felt he couldn' t lose anything
by trying. Selectman Lowe told Bruce that he had done a good job in
the Parks Department. Bruce said that he didn' t have any questions, but
just wanted the Board to know that he was interested in getting the job.
The Selectmen thanked him for coming in.
At 7: 50 the Board interviewed Howard Ricker. Mr. Ricker said that
he felt he had a great deal of experience which would qualify him for
the position of Highway Superintendent. Selectman Lowe said to Mr. Rickel
that it was his opinion that the publicity that he received in the news-
papers didn' t help him too much. Mr. Ricker agreed and added that he
-63
Selectmen' s meeting of July 1 , 1980 - Continued
would have to work very hard in order to clear his name. The Board
asked Mr. Ricker if he had any questions he would like to ask. Mr.
Ricker said he only had one question and asked whether the Highway Supt.
would be paid a straight salary. He mentioned the fact that sometimes
it might involve over forty hours. Selectmen said that it would be
straight salary regardless of any extra working hours involved.
At 8:00 p.m. a motion was made by Chairman Adams to take the
application under advisement. This was carried unanimously, however,
after a brief discussion, the Selectmen were all in agreement that George
Pollard was the man to fill the position and he was notified by telephone.
The meeting adjourned at 8:15 p.m.
Respectfully submitted,
Doris Hodge, Secretary
SELECTMEN'S MEETING
JULY 81 1980
The Selectmen' s meeting was held at 7: 30 P.M. ChairmanAlan I.
!Adams opened the meeting. Selectman James A. Lowe was present.
Selectman Angie Machiros was on vacation.—
Bill Page from Page Insurance attended the meeting. He presented
a new schedule of fire insurance for all the town buildings and their
contents. There is a total increase of $721 ,325. insurance on these
items. The total cost of the policy including the same liability
coverage that we have previously carried comes to $13,899. as compared
to the 1977 cost of $11,391. Mr. Page states that he is able to lock
in this figure for 3 years to there will be no increase during that
period. He is currently paying a 15'/ dividend which comes to $1 ,7,08.00
this year and would come to $2,084,00 next year. The agency has bound the
new values and the old liability, without streets and sidewalks, as of
July 1 , 1980 to coincide with the town' s fiscal year. The Town buildings
and contents are now insured for approximately $2,389,000.00.
Leslie Atkinson, 5 High Road, asked for and received permission
from the Board to move a small cape from Georgetown to Old Rowley Road in
Newbury. He was told to notify the Police prior to moving the house.
Edward Murphy 285 High Road, Newbury, complained about illegal
parking at two establishments near his home. He said that customers of
Upton Farms and Donna Skovron' s Arts and Craft Shop are parking on the
State owned road in the break down lane. The two establishments will be
notified to be present at the next meeting in order to discuss the
sit-6ation further.
.At 8:00 p.m. Chairman Adams read a dog complaint. Roger and Lois .
Kiraly complained against Charles and Louise MacLean. The Kiralys and
MacLeans, as well as Richard A. Ross and the Dog Officer, Richard
Cunningham, were sworn in by Ralph Lowell , Town Clerk. Mr. Kiraly spoke
to the Board. He said that the dog' s barking has subsided since the
?_6
Selectmen' s Meeting of July 8, 1980. - Continued
MacLeans were notified to be present at a hearing scheduled for July 8.
The MacLeans said they were trying to keep the dog as quiet as possible,
and will continue to do so. Several letters were received from the
neighbors who said they felt the neighborhood was a quiet one and they
found the MacLeans dog to be no problem. Selectman Lowe entertained a
motion that the zase be dismissed. Chairman Adams seconded the motion.
Both parties will be notified of the decision.
Leon Sowry, 3 Church Street, was selected for jury duty at Salem
Superior Court on August 4th. Virginia Moore, 8 Fordham Way, was selected
as a juror on August 4, at Lawrence Superior Court.
David Kalbacker, a consultant for the State, told the Board that if
Newbury received Federal Funds for the purpose of building new roads or
new town structures, the handicapped must be considered in all of the
plans; and if they are not considered, the Town could lose the funds.
Joan McFee was present in behalf of the Methodist Church. She asked
for and received permission to have a road race in Newbury on September
27th, with the stipulation she should check with the Police Department
to get their permission also.
The meeting adjourned at 9:05 P.M.
Respectfully submitted,
Doris E. o ge, ecre ry
SELECTMEN'S MEETING
JULY 22, 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Mr. Armand DeGrenier, 20th Street, Plum Island, was present.
.Apparently a utility room which he plans to build may be interfering
with a town right-of-way. He was told by the Board that he could not
continue building the room until the property is surveyed, unless he
wishes to follow the route of changing the angle of the building in.
order to correct the problem. He was also told that he should con-
tact the building inspector before he goes any further.
At Chief Tuney' s request, and after reviewing his resume, the
Board appointed Steven D. Hines, of Hay Street, Newbury, as a reserve
officer for a six-month probationary period.
Steven Worthley, 12th Street, Plum Island was present.. He told
the Board that a trailer, as well as a utility pole, had been installed
on a lot in back of his house. After checking with the Bailding
Inspector, Mr. Worthley stated that no permits were issued for the
installation of either the trailer or the utility pole. The lot in
question is in the name of Novak. The matter will be looked into.
167
Selectmen' s Meeting of July 22, 1980 - Continued
Attorney James Sandman, representing Philip J. Becker, of Plum
Island, asked the Board to grant a variance to build a two-family unit on
a 14,000 square foot lot on Harvard Way, Plum Island. The variance was
asked on the requirement of a 100 foot distance between Beckers well
and leaching area, and on the requirement of a minimum of a one-half
acre lot size for the two family unit. attorney Sandman provided a
petition signed by about 100 Newbury and Plum Island residents in favor
of the plan. Mr. Sandman said, that although the Becker house would
not have the 100 foot requirement between his well and leaching field, the
lot across the street where water would be piped from would have the
100 foot requirement. Chairman Adams told Mr. Sandman he was disturbed
because the attorney did not get in touch with the Board, prior to the
meeting, in order to be put on the agenda. The Chairman further said
that the matter would first have to go to the Planning Board, and that
there was no way his board could give a variance. Mr. Sandman stated
that in the future, he would call and make sure he was placed on the
agenda in order to be heard.
At 8:00 p.m. a complaint was heard regarding Edward Murphy of
285 High Road against Upton Farms and Donna Skovron' s Arts and Crafts
Shop. Concerned residents of High Road were also in attendance. A
discussion followed regarding customers of both establishments parking
their cars in the break-down lane. Chief Tuney said that the Police
Department had responded to complaints about cars parked in• the break-
down lane. He said that most of the time, the cars had moved on before
the officer arrived. Those motorists that were asked to move never
refused the officer' s request. He added that the parking th the break-
down lane could cause a problem, but said that the D. P. W. had been in
touch with him and construction on High Road will begin within a month
(Hay Street to Parker River Bridge) . The road will be changed into a
two lane highway with extended breakdown lanes and bikepaths. The Chief
was of the opinion that after the road changes, the problems could be
alleviated. Mr. Murphy said that Donna Skovron' s Arts and Crafts Shop
did not have adequate parking, but David Caldwell , the Building Inspector
said that he viewed the parking lot and said he couldn' t see any problem.
Selectman Lowe said that the Uptons and Mrs. Skovron were doing business
legally.
The Selectmen were all in agreement that they should dismiss the
case. The parties will be notified by mail in order to confirm the
Board' s decision.
Michael Marioles from Plum Island asked that a chain be taken down
from across a town right-of-way on 17th Street, Plum Island. Mickey
Villane, of Plum Island Blvd. said he would not take it down, stating
that it had been there since 1956. The chain is used to block cars
from gaining free entry into his parking lot. Selectman Lowe said that
the chain would have to come down and the Board agreed that the right-
of-way must be opened. The matter will be investigated and taken care of.
Mrs. Doris Sunman, 12 Morgan avenue was named to the Historical
Commission filling a vacancy caused by the resignation of Edward Brown.
The meeting adjourned.at 9: 30 p.m.
Respectfully Cu tted,
Doris Hodge ecr ary
169
SELECTMEN'S MEETING
AUGUST 12, 1980
Meeting held at 7:30 p.m. All members were present.
.Armand DeGrenier, 20th Street, Plum Island was present. He told
the Board that his property has been surveyed, and that the utility
room that he is building is 4 to 5 feet over the right-of-way. He
asked the Board if the right-of-way could be angled away from the
utility room so he could finish it. Chairman Adams told him it was
impossible for the board to give permission to angle the right-of-way.
Mr. DeGrenier asked if the decision could be appealed, and the Chairman
said, "only through the Courts" .
Mr. Thomas Sweeney of Southern Blvd. , Plum Island, complained to
the Board about property occupied by Donald Marr, Plum Island Boulevard.
He said Mr. Marr does not clean his yard, and it is not only a health
hazard, but unsightly and dangerous. The Board of Health Agent, the
Fire Chief, Town Counsel and the Building Inspector will look into the
problem.
Mr. Sweeney, together with Mr. Byrl Leonard, also of Plum Island,
brought another complaint against Mr. Marr' s barking dog. A hearing
will be held at the next meeting.
The Chairman read a communication from Philip Becker, asking that
the Selectmen grant him permission to use the ground floor of his two-
story unit as a garage-shop area to store his materials and use his
carpentry tools. Becker also asked that an outside stairway to the
deck on the South Side of the building, (for conveying materials and
supplies) , be allowed. In return for these allowances, Becker will
agree that no further construction work, having the effect of improving
the upper portion of the building will take place. Becker would like
to be able to seal and secure the building. He also agrees that he
will not conduct any business from the garage-shop, but will use it
to store materials, supplies and carpentry tools. The Selectmen did
not take any action on the agreement, but Building Inspector, David
Caldwell , was asked for his opinion. Mr. Caldwell said that until the
building meets all the aspects of the original application, he didn' t
think that any work should be allowed. Mr. Caldwell will talk with
Town Counsel , James Lagoulis, on the Legality of the document, on be-
half of the Selectmen. In a note attached to the agreement, Mr. Becker
said "It has been a trying experience to cope with financial responsi-
bilities of supporting this project without the benefit of any use
being available" .
Mary Jane Ray was present and asked if the Becker matter could be
cleared up any faster, saying that everyone involved would like to see
it settled one way or another. She indicated it was time consuming and
she for one would like to have the matter settled as soon as possible.
Chairman Adams told her that everything possible was being done to clear
up the situation, however, a. matter such as this, cannot be hurried.
The Chairman read a letter of complaint from Mr. & Mrs. Robert J.
Moriarty, owners of a house located on the corner of 18th Street and
Northern Boulevard, Plum Island. The letter stated that the Jiffy John
located in Mickey Villane' s Parking Lot is causing them problems. The
smell , noise and flies coming from the portable toilet is bad and they
171.
Selectmen' s Meeting of August 12 , 1980 - Continued
have to keep their windows closed in order to get relief.
A street light will be. installed on Pole 7Q/1 at the end of
39th Street, Plum Island.
A "Slow-Children" sign will be placed near the home of Stephen
LaFalce, 24 Orchard Street, who requested the same.
Selectman Angie Machiros and Ben Pearson were appointed Associate
Members of the Conservation Commission by a unanimous vote.
The Selectmen will look into the problem of drainage at Montgomery
Park.
The meeting adjourned at 9:20 p.m.
Respectfully submitted,
Doris Hodge, S re ary
SELECTMEN'S MEETING
:AUGUST 26, 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
A dog complaint was heard at 7: 30 p.m. The following persons
were sworn in: Thomas Sweeney and Byrl Leonard, the complaintants;
Donald Marr, the owner of the dog; Richard Cunningham , Dog Officer;
and Police Chief Andrew Tuney. Mr. Sweeney and Mr. Leonard both
stated that the dog had quieted down the past two weeks. Mr. Marr
said that the only time the dog barks is when anyone comes near his
property. Mr. Marr stated that he keeps the dog on a chain because of
the many tourists at the Island. Chief Tuney said that he had his
officers investigate the situation and only one officer heard the dog
barking at night. Dog Officer Richard Cunningham said that he had never
received any barking complaints about the dog owner by Mr. Marr except
this one. The Chairman made a motion to take the matter under advise-
ment, and it was a unanimous vote.
Mr. Sweeney' s complaint about Mr. Marr' s property being a fire and
health hazard was heard next. The Board of Health Agent, James A. Lowe
said, "It' s not the worst property on the Island, but it' s not the best
either." He added that there is a decided improvement over the last time
he inspected . it. Building Inspector David Caldwell called the building
"structurally safe, inside and out" . The fire chief will make an in-
spection to see if the house passes Department requirements. The Board
will make a decision after they receive the Fire Chief' s report.
In other business, the Chairman read a letter of complaint from
concerned residents who are neighbors of Richard Walsh, Little' s Lane.
The letter stated that Mr. Walsh is using fertilizer and weed killer
on his vegetable garden, and the smell of both is causing several of the
nearby residents to become ill. The residents would like Mr. Walsh to
explain the contents of the materials causing the fumes. Mr. Walsh will
be sent a letter asking him to be present at the next Selectmen' s meeting
September 9th, so that- the matter may be discussed further with a view
to possibly solving the problem.
LAGOULIS & CLARK
ATTORNEYS AT LAW
79 STATE STREET NEWBURYPORT, MASSACHUSETTS 01950 (617) 462-9393
JAMES LAGOULIS
GEORGE W. CLARK, JR.
September 15, 1980
Selectmen -
Town of Newbury
Town Hall
Newbury, Massachusetts 01950
Re: Covenant of Philip J. Becker.
Gentlemen:
This letter is in response to a request of the Building Inspector
asking me to submit to you an, opinion as to the present status
of the `complaint against Philip J. Becker with regard to certain
construction taking place on Lots 11 and 12 of Block 11, Section
J. Plum Island.
As you know, Mr. Becker has recently agreed to execute a re-
strictive covenant setting forth the terms and conditions under
which construction shall be completed' at the site. This covenant
satisfies the Building Inspector and brings the work to be per-
formed into conformity with the- present zoning laws of the Town
of Newbury. Therefore, it is my understanding that the previous
violation of the zoning code has been abated. Absent any
further indication that .the terms of the covenant have not- been
met, it is my understanding that the above-mentioned problem has
now been eliminated and that the applicable zoning regulation and
building regulation have now been met.
If you have any further questions regarding the above or if you
wish to consult with me personally about this matter, please
advise and I will be happy to review the ame with you in. detail.
Very truly yours
s Lagoulis Town ounsel
wn of Newbur
JL/ss
Enclosure
cc: Dave Caldwell, Building Inspector
Restrictive Covenant
Know all men by these presents that whereas the undersigned,
Philip J. Becker, has submitted an amended building permit
application and plans, dated September 16) , 1980 , in relation
to construction on Lots 11 and 12 Block 11 of Section J on a
Plan entitled "Plan of Section J of Plum Island Beach Company,
by Rowland H . Barnes and Henry F. Beal, C.E. , dated January
1923, and recorded with the Ess x South District Registry of
Deeds, Book of Plans 41, Plan 25, " to the Building Department
of the Town of Newbury and has requested that the Department
approve the same after review by all concerned without re-
quiring a performance bond,
Now therefore, this agreement witnesseth that in consideration
of one dollar ($1.00) and other valuable consideration, the
said Philip J. Becker, hereinafter called the Covenantor, hereby.
covenants to the Town of Newbury, County of Essex, Common-
wealth of Massachusetts and agrees with said Town as follows :
1. This covenant shall run with the land and buildings thereon
and shall operate as restrictions upon said land and build-
ings thereon and be binding upon the executors , administrators,
heirs and/or assigns of the covenantor and his successors
in title to the land and buildings thereon as shown and
referenced on said plot plan and building plan;
t
2.. The Covenantor agrees that in consideration of permission
to complete
1) the exterior finish of said building;
2) the completion of the first floor (ground level) which
shall include
a) concrete floor, electrical wiring, insulation,
sheet rock, heating and such plumbing (on the
ground floor only) to service a lavatory,
and water closet; and,
b) an outside stairway for access to the second floor
storage area;
that no additional construction work shall occur on or within
the remainder of said building;
3. Also, the Covenantor understands and agrees that the land
and buildings shall not be used for commercial or resi-
dential purposes, but only for those uses as permitted and
approved by the Town of Newbury, namely: a garage, work-
shop, and storage of personal property;
4. The Covenantor agrees that he will adhere to any and all
rules and regulations, by-laws and restrictions that are
in effect in the Town of Newbury as well as all state
statutes that are pertinent to the construction of buildings,
including those pertaining to the public health and safety;
5. The Covenantor agrees that said premises and buildings
shall be open for periodic inspection at reasonable
times by the Building Departmen . or agents thereof as
well as other agents of the Town of Newbury for the
purpose of monitoring this covenant- ; .
6 . The Covenantor agrees further that he will not hold the
Town of Newbury responsible or liable for any damages
financial or otherwise that may result from the reasonable
and necessary _:nforcement of -this covenant;
7. Nothing herein shall be deemed to prohibit a conveyance
subject to this covenant by a single deed of the parcel
of land and buildings thereon;.
8. Reference to this covenant shall be entered upon the
application to build, the building plans and plot plan,
and shall operate as restrictions to said land.
In witness whereof the undersigned Covenantor hereunto set
his hand and seal this day of September, 1980.
Signature:
PHILI J. EC ER
COMMONWEALTH OF -MASSACHUSETTS
ESSEX, SS
September /,5 1980
Then personally appeared the above named Philip J. Becker and
acknowledged the foregoing instrument to be his free act and
deed before me, .
tary Public
My Commission Expires:
-J4UA 4'1U 'n 7 /98/
0
_2_
r�
17 2
Selectmen' s Meeting of August 26th., 1980 - Continued
The CETA summer youth program, sponsored by Turning Point of
Newburyport has concluded for the Summer. Selectman Machiros stated that
the youths did an excellent job.
The Newbury Town Library Trustees were given permission to use
Byfield Town Hall on Saturday, October 25th to observe "Authors' Day" .
Mrs. Katrina Johnson, a resident of Orchard Street, asked the
Board what could. be done about the traffic control on Orchard and Central
Streets. According to Mrs. Johnson, the problem was bad in the morning
and after Triton Regional School lets out for the day. She will discuss
the problem further with Chief Tuney.
The dog complaint heard earlier was brought up again before the
end of the meeting, and the Selectmen agreed that the dog should be
placed on probation for thirty days.
The meeting adjourned at 8:20 p.m.
Respectfully submitted,
Doris Hodge, Sec ary ._
SELECTMEN'S MEETING
SEPTEMBER 91 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
The Haverhill Gas Company received the approval of the Selectmen to
install gas lines at 85 High Road; however, the Company was advised that
they must also receive permission from the State.
Charles MacLean, 18 Withington Street, was appointed Assistant Gas
Inspector.
The following Jurors were drawn for Superior Court in Salem on
October 6th: Arthur Gill , Dartmouth Way; Donald Rowell , 44th Street,
and William R. Hickey, 49th Street, all of Plum Island.
At 8:00 p.m. bids were opened for Vandal Resistant Sign Fasteners.
Lundy; Associates of Waltham, Mass. bid $1 ,052 for 9,000 fasteners, plus
the necessary equipment to attach them. Unistrut Company of Cambridge
bid $1 ,170 for 4,500 fasteners. The bids were turned over to Highway
Surveyor George Pollard for his consideration, and will be awarded after
Mr. Pollard looks into the type of fasteners- that the companies produce.
The Board of Assessors met with the Selectmen at 8:05. Five classes
of property (Residential , Commercial , Industrial, Open-Space, and Personal)
will be taxed equally at their full and fair cash value in accordance with
Chapter 797 of the General Laws. The Board of Selectmen signed the
measure at the request of the Board of Assessors.
The Chairman read a communication from Richard Walsh. Mr. Walsh
stated that due to a prior commitment, he would be unable to attend the
September 9th meeting, but will be available at the meeting on September
23rd. He will be notified to be present at the next meeting.
Philip J. Becker was present at the meeting. He and the town are
working on a covenant concerning his two-story unit on a 14,000 square
175
Selectmen' s Meeting of September 9, 1980 - Continued
foot lot on Southern Boulevard. Building Inspector David Caldwell is
working on the Agreement. At the present time, the covenant is in draft
form only and was not released. Mr. Becker is requesting that he be
allowed to close in the building and use the bottom floor as a workshop
for his carpentry business. This is the third agreement that the two
parties have been concerned with.
Mr. John McDonald was present. He said that he wanted to make sure
that the covenant with reference to Becker is seen by the public. He added
that many things went on secretly within the State. Selectman Angie Machiros
took offense to Mr. McDonakld' s statement, and reminded him that he has
gotten anything that he wanted to see from the Selectmen, adding that the
town is protecting itself in the Covenant.
The meeting adjourned at 8:20 p.m.
Respectfully submitted,
Doris odg , Sec �tar�-
SELECTMEN'S MEETING
SEPTEMBER 23, 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Mr. Richard Walsh, Little' s Lane, Newbury, was present at the
s
meeting with reference to investigating the, pecticides and insecticides
that he is using on his farm property.
Mr. Walsh stated that every material he uses has an Environmental
Seal on it, which means it is safe to use. Also the Protection Agency
number on it means he is licensed to use the materials. Mr. Walsh did
agree to give a list of what he uses, but he did say that he is not
indicting himself as the reason certain area residents have become ill
because of a bad odor. Mr. Walsh said that the list would reach the
Selectmen' s Office in three or four days.
Philip Becker and. Building Inspector David Caldwell were present.
Chairman Adams read the latest Covenant pertaining to Becker' s property
at Plum Island. The Covenant will be attached to the minutes of the meet:_
ing. Doubts about the Covenant were raised by John McDonald and his
daughter Mary Jane Ray. Mrs. Ray asked the Board how Becker can use
the water closet, when the Septic System does not meet the required
100 foot distance between the well and the leaching area.
171
Selectmen' s Meeting of September 23, 1980 - Continued
Mr. Becker said he could not do without the water closet and
lavatory. The Board then decided to take the matter under advisement
;;and talk to Town Counsel. Mr. Becker did leave the meeting at this
point, but returned a short time later. He told the Board that he
had just talked to his attorney, who told him the Covenant had already
been filed with the Essex County Registry of Deeds. The Town Counsel
will advise the Board if the Town has any recourse in the matter, or
if the covenant is final.
In other business: Brian Bru#ault has resigned as a full time
Police Dispatcher. His letter of resignation stated that he will be
remaining a Reserve Patrolman for the Town of Newbury.
Carol .Ann Mower has resigned as Dispatcher and Matron for the
Newbury Police Department.
W. Ashton Knight has resigned as a member of the Council of
Aged for the Town of Newbury. A.letter of deep regret will be sent to
Ashton.
Norman P. Smith of Newburyport Sewerage Commission was present
to discuss the status of the nine Newbury residences and one Industrial
Plant that are connected to the Newburyport Sewerage lines. The
Selectmen stated that the Town does not want to be involved, and that
the people using the lines be billed directly or lose the service of
the Newburyport lines.
Mr. Robert Dow, who operates a diner in Byfield, asked for and
received permission to apply for a license for one video game to be
used at the diner.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Doris odge, Secre ry
179
SELECTMEN' S MEETING
OCTOBER 14, 1980
The Selectmen' s meeting was held at 7: 30 P.M. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Marcia Jespersen, representing Byfield Cub Scout Pack 10, asked
the Board if her group could use the Byfield Town Hall on the 3rd
Thursday of every month for its regular pack meeting. She was told that
the Grange uses the Hall at that time. A discussion followed, concerning
community projects that the Cubs could participate in. In other business:
Andrew Avelis, presently serving as a part time police officer was
appointed to a full-time position on the Force.
Chairman Adams read a. letter of resignation from Police Chief
Andrew J. Tuney, III , to become effective October 18,' 1980. A letter
of regret will be sent to the Chief.
The Chairman then brought up the matter of filling the vacancy
caused by the Chief' s resignation. The Chairman further said that he
would like to see someone in the Department carry on and added he would
like to see Sgt. George Riel become the Chief. Selectman Machiros said
that his feelings were a lot like Chairman Adams, adding that Sgt. Riel
had been overlooked in the past for the Chief' s position. Selectman Lowe
said that he felt that Sgt. Riel should at least be Officer-in-charge,
but that the Board should advertise for a new Chief and receive resumes
to satisfy the general public. Selectman Machiros said he understood
Selectman Lowe' s position, but after talking with Town Counsel , it was
learned that "without a doubt" Riel' s appointment would be legal. Chairman
Adams then made a motion to appoint George Riel : as Police Chief , and
Selectman Machiros seconded the motion. Selectman Lowe voted present.
The new Chief will fill out Tuney' s term until June of 1982.
The following Jurors were picked for duty, starting November 3rd:
Salem: Joseph G. Thibodeau, 3 Tenney' s Court, Newbury
David P. Stickney, 46 High Road, Newbury
Lawrence: Harlan - H. Fowle, 21 Cottage Road, Newbury
Newburyport: Lindsay H. Cavanagh, 254 Middle Road, Newbury
Building Inspector David Caldwell requested that the Board of
Selectmen re-establish and activate a Board of Survey, who shall , by
Law, consist of the Fire Chief , Surveyor, and a disinterested person,
(recommended by the Building Inspector) . Mr. Caldwell further
Selectmen' s Meeting of October 14, 1980 - Continued
recommended that the Fire Chief, Wallace-O. Pearson; the Highway
Surveyor, George Pollard; and Charles Bashaw as the third member of
the Board of Survey.
Philip Becker, Southern Blvd. , Plum Island, was present. He and
the Town had previously reached a covenant allowing him to use his
building on Southern Blvd. for his carpentry business, and the Covenant
stated that a lavatory and water closet would be included. At the last
meeting, the Board heard several questions concerning the legality of
the septic system, and as a result, at .this meeting of October 14th,
Chairman Adams told Mr. Becker that through the Board of Health, he
should not use the septic system. Mr. Becker agreed to this. Building
Inspector, David Caldwell told Mr. Becker, "If you want to rough in the
building, it is ok, but you are not to use the water" . Becker then
asked the Board, "Now what do I do? Do you want me to come before you
again?" He was told his next step would be to check with the Building
Inspector. This was the unanimous decision of the Board.
The meeting adjourned at 8:10 p.m.
Respectfully submitted ,
Doris Hodge , S re ary
SELECTMEN'S MEETING
OCTOBER 28, 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
.Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros were,,
present.
Joseph Garand attended the meeting. He stated that he wished to enter
a formal complaint against Building Inspector David Caldwell. The com-
plaint stemmed from procedures taken while Mr. Fred Jackman was in the
thi
process of building a structure on Boston Road. Mr. Garand charged that
Building Inspector "violated every building code in the book, concerning
Jackman." Mr. Caldwell was not in attendance at the meeting due to a deat',
in the family. Mr. Garand said he is concerned about a garage being built
by Jackman. He said it looks like the garage was intended for business
purposes in that the height is 16 feet. Mr. Garand said that he called
Mr. Caldwell and asked to seethe records, and he was was refused. He
further stated that Mr. Caldwell then changed his mind, and said that he
could view the records during office hours. Mr. Garand said he has no
183
Selectmen' s Meeting of October 28, 1980 - Continued
quarrel with Jackman, however, he did want to go on record as being
opposed to any type of business at Jackman' s location. Selectman Angie
Machiros told Mr. Garand that he had made strong accusations against the
Building Inspector, while Mr. Caldwell was unable to be present to defend
himself. It is expected that the two parties (Mr. Garand and Mr. Caldwell)
will be present at the next meeting. Selectman Machiros asked Fred Jackman
just what his intentions were with reference to the new building that he
has recently constructed - "Was he intending to use it for residential
or commercial use" . Mr. Jackman answered "for residential use only" . .
Mr. John McDonald, Harvard Way, Plum Island, requested copies of the
minutes of the Selectmen' s meetings concerning the Becker case, dating
back to April , 1980. Selectmen were in agreement with this request.
At 8:00 p.m. bids for a new Police Cruiser were opened. Bids were
received from Donahue Motors, Newburyport; Amesbury Ford; Means Chevrolet
of Ipswich and Framingham Ford. All bids were over the budget figure
allowed. We will advertise again,and in the Specifications, we will delete
the air conditioner. The new bids will be opened at our next meeting on
Monday, November loth at 8:00 p.m.
Permission was granted to Mary Ross, leader of the Saddlebackers
4-H Horse Club , to use Byf field Town Hall for meetings every other Saturday.
She was told to get in touch with Mr. Field to make final arrangements.
A public hearing �.was held regarding the installation of a telephone
pole on Boston Road. There was no opposition, and those present and in
favor were: Fred Jackman, Stanley Price, Carolyn Thurlow, Dorothy McIntosh
Gertrude Jackman and Margaret Langmaid. The matter was in agreement with
the board.
Marjorie Emerson, Newbury Police Officer, was by a unanimous vote,
promoted to Sergeant on Newbury' s Police Force.
Chief Riel recommended Timothy Powers of Newburyport, as a reserve
officer. The Board requested a resume , and an appointment to talk with
Mr. Powers.
Edward Kelley, Parker Street, was appointed a member .on the Council on
Aging.
The meeting adjourned at 8:45 p.m.
Respectfully submitted,
Doris odge, Se tar
SELECTMEN'S MEETING
NOVEMBER 10, 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I. Adams
opened the meeting. Selectmen James A. Lowe and Angie Machiros were
present.
Mr. Eugene Eames was in attendance and addressed the Board with
reference to airplanes landing behind the house of Warren Manter on
Central Street. Mr. Eames also resides on Central Street, and is a
licensed pilot. Mr. Eames asked the Board to find out Mr. Manter' s
qualifications as a pilot , also the condition of the Airplanes and the
planning that was used to make the airstrip. He said , "Any of these pro-
blems can cause a fatality" .
Chairman Adams stated* that it was "a first for the Town of Newbury"
and that someone will look into the zoning laws and see if an airstrip in
residential areas is a permitted use. Bldg. Inspector David Caldwell was
given the Board' s permission to talk to Town Counsel about the matter.
Warren Manter and his son will be asked to attend our next meeting,
November 25th, to discuss the situation with the Board, and also with .
e
concerned residents who are expected to be at the meeting.
In other business, by a unanimous vote of the Board, Timothy
Powers of Newburyport was appointed as a reserve police officer, with a
six month probationary period.
Chief George Riel brought to the Board' s attention a. request by the
Rowley Police Department to use the Newbury Police- Station' s jail cells.
The Board took the matter_ under advisement.
At 8:00 p.m. Chairman Adams stated that bids for the 1981 police
cruiser would be opened. Only one bid was received. Amesbury Ford bid
$7,000, and this was accepted by the Board. Chief Riel will begin pro-
cedures to obtain the new cruiser immediately.
Building Inspector David Caldwell has. granted the Town a permit to
demolish a small dwelling• that the Town owns on Old Point Road, Highway
Surveyor George Pollard told the Board that demolition will take place
sometime next week.
The Building Inspector responded to charges made by Joseph Garand
at the last meeting when Mr. Caldwell was not able to be present. The
controversy involved a building permit which was issued to Mr. Fred
Jackman, Garand' s neighbor. . Chairman Adams apologized to Mr. Caldwell be-
cause charges were made against him during -his absence , and he added,
187
Selectmen' s meeting of November 10, 1980 - Continued
"as far as I'm concerned, Mr. Jackman meets all the requirements, and. I
can' t see any problems. Mr. Caldwell stated that Mr. Jackman has indeed
met all the requirements for the State Building Code. Mr. Jackman - who
was present at the meeting - said he did not plan to use the building for any
kind of a business, but only as a residence. Health Agent James A. Lowe
said "Mr. Jackman has complied with all the Board of Health rules and he has :
"0" coloform test."
The Selectmen announced that a Department Head Meeting will be held at i
the Town Hall on December 2nd at 7: 30 p.m.
Chairman Adams stated that as a matter of record - th_eeresults of the
election were certified by the Board of Selectmen.
Richard Cunningham asked for and received permission from the
Selectmen to build a ramp leading to the side door of the Byfield Town
Hall in order to accomodate people confined to wheelchairs or otherwise
handicapped.
The meeting adjourned at 8: 30 p.m.
Respectfully submitted,
Doris Hodge, Sep e ary
SELECTMEN'S MEETING
NOVEMBER 25, 1980
The Selectmen' s meeting was held at ?: 30 p.m. Chairman .Alan I. Adams
opened the meeting. Selectmen James A. Lowe and Angie Machiros were present.
Mr. Warren Manter attended the meeting. The Board informed him that
landing his plane on his property was not permitted by the Zoning By-Laws.
Mr. Manter, who is a licensed pilot, said, "I've gotten a free hand up to
now to do what I think is right, and I fully intend to use the area to land
my own plane" . He added that the airstrip that he is using allows him to
land without going over anyone' s house.
Selectman Angie Machiros gave his opinion about the matter, and told
Mr. Manter, "The situation is clear; this is not a permitted use in a resi-
dential area, and asked Mr. Manter if he was aware of that. Mr. Manter
answered, "There' s a question of law there. If it has to be settled in
another forum, it has to be."
Building Inspector David Caldwell stated that he had contacted Town
Counsel James Lagoulis, and in Mr. Lagoulis' opinion, landing fields are
Seloctmen' s Meeting of November 25, 1980 - Continued
not permitted in an agricultural , residential district, such as the
Manter property.
Several interested persons attended the meeting. Some spoke in
opposition, while others were in favor.
The Board voted unanimously to follow Town Counsel' s advice and not
permit the strip.
,At 8 p.m. a public hearing was held regarding the installation of a
telephone pole on Rolfe' s Lane. Town Clerk, Ralph Lowell , who resides on
Rolf e' s Lane , spoke in opposition to the installation. He felt there was
no necessity for the pole. Several of the area residents were in opposition
for the same reason. By a unanimous vote, the petition was denied because
of the number of concerned neighbors being in opposition. The Electric
Company will be notified of the Board' s decision.
A public hearing will be held on December 9th at 8:00 p.m. with
reference to installation of two more poles.
r
Mrs. Barbara Peabody asked the Board about the possibility of a
special town meeting on Zoning By-Laws on January 14th. The Board felt that
special meeting on that date would not be favorable in that weather condition!
might be poor and attendance would be bad.
The following jurors were drawn:
Grand Jury - John Syrene, Fordham Way, Plum Island
_ , Lawrence - Charles J. Bashaw, III , 8 Paul' s Way, Newbury
Edward R. Cormier, 54th St. , Plum Island
Newburyport - Raymond L. Costello, Hanover Drive, Newbury
Salem - Joan F. Canning, Old. Town Way, Newbury
The meeting adjourned at 8:20 p.m.
Respectfully submitted,
Doris]Hodge', retary
191 -;
SELECTMEN' S MEETING
DECEMBER 9, 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Mr. Giuliano, owner of a home on 51st Street, Plum Island , and
Mr. Denezio, also of 51st Street, attended the meeting with reference to
the condition of the road. Sand builds up , causing cars to get stuck, and
long waiting periods for the people at the end of the street. After
discussing the problem, Selectmen advised Mr. Giuliano to contact the
Highway Dept. , to see if the problem can be corrected. Mr. Danezio asked
if the road could be extended 80 feet and some gravel put on top so that
the cars wouldn' t sink into the roadway. This will be taken up with the
Highway Dept. Mr. Danezio also received approval from the Board and
Richard Cunningham of the Conservation Commission to move approximately
15 feet of sand from on top of his septic tank. He is to move the sand
toward the ocean. Mr. Danezio said he would like it in the records that
his neighb"or, Mr. Varaski , told him that he could not move any sand.
Police Chief George Riel , asked for across the Board increases in
salary, to become effective immediately. Full time officers $1.00 -
Sgt. Emerson $.60 and Chief Riel .60. These are hourly rate increases.
The Chief stated that the increases will stay within their budget. The
request was granted by a unanimous vote of the Board.
Mr. Jon Foley, 11 High Road, Newbury, attended the meeting as a
representative of Cable TV. After a discussion with the Board , it was
unanimously agreed to hold a public hearing at 7: 30 p.m. January 6th on the
feasibility of. bringing Cable TV to Newbury.
At 8 p.m. a public hearing was heard regarding the removal and
installation of telephone poles numbered 14-91 , 14-92, 14-93 and 14-94
on Middle Road (Boston Road area) . George Gagan, Telephone Company
representative was present. There was no opposition. After a unanimous
vote of the Board to take the matter under advisement, the Selectmen were
all in agreement that the permits be granted.
Mrs. Barbara Peabody and Mr. Richard Johnson of the Planning Board
attended the meeting and spoke regarding the proposed Zoning By-Laws.
Their meeting will be held tomorrow evening at 7: 30 P.M.
The meeting adjourned at 9:00 p.m.
(.7--Respectfull submitted,
Doris H e, cre
193
SELECTMEN'S MEETING
DECEMBER 23, 1980
The Selectmen' s meeting was held at 7: 30 p.m. Chairman .Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
The Board renewed the liquor license, which was received late,
of the Beachcomber Restaurant, at the Island. Mrs. Diane Smith, who
runs the restaurant assured the Selectmen that a pool table in the
establishment will be removed before the end of the year, and it was
with this stipulation that the Board agreed to renew the license.
Mr. Peter Himot, 24 Hanover Street, Newbury, appeared before the
Board and expressed concern for conditions of the sidewalks in the
area of the Round and Woodbridge Schools. Mr. Himot said when the
sidewalks are not cleaned it becomes difficult for students to walk
to school. Chairman Adams said he would talk with the Highway Dept.
and make sure that the walkways are plowed.
The meeting adjourned at 8:15 p.m.
Respectfully submitted,
on Ho ge, e reta
PUBLIC HEARING
JANUARY 6, 1981
public hearing was held at the Town Hall at 7: 30 p.m. All
members of the Board were present.
Very few people attended the hearing and there was no opposition
with reference to Cable TV coming into Newbury.
Jon Foley, representing American Cablesystems, a/k/a Newburyport
Cablesystems, Inc. , told the Board that the Cable Company is ready to
submit a proposal for. the Newbury License if the Selectmen find bring-
ing Cable to Newbury feasible in the near future. Mr. Foley said that
s
Newburyport Cablesystems would be able to cover the entire Town includ-
ing Byfield, Oldtown and Plum Island.
In answer to what the advantages of Cable TV were, Mr. Foley said
that Cable enhances the signal ; there is satellite programming; and
Cable offers movies and entertainment specials.
In Newburyport, the franchise will be offering up to 36 channels
immediately, with the capacity to add 16 more channels. The same will
be offered in Newbury.
1.9 5
Public Hearing (Continued) January 6, 1981
Mr. Foley did not want to be specific about prices for the three
tiers, however he did saydthat they would be similar to the prices of-
fered in Newburyport ($2.50, $6.50 and $8.50 per month) .
By a unanimous vote, the Board took the matter under advisement,
and will render a decision onethe same at next Tuesday' s regular
meeting.
The hearing adjourned at 8:10 p.m.
Respectfully submitted,
Doris odge, S etary
SELECTMEN'S MEETING
J.ANUARY 13, 1981
The Board of Selectmen' s meeting was held at 7: 30 p.m. Chairman
Alan I. Adams opened the meeting. Selectmen James A. Lowe and Angie
Machiros were present.
The Chairman of the ,Planning Board, Barbara Peabody, asked for
and received the unanimous approval from the Board to hold a Special
Town Meeting on March 3rd to vote on the revised Zoning By-Laws. The
meeting will be held at the Round School on Hanover Street at 7: 30 p.m.
Selectman Machiros made a motion that we go ahead and follow the
next feasible procedure for bring Cable T.V. into the Town of Newbury.
The motion was carried unanimously.
A letter of resignation was received from Al Clausnitzer, the
Wiring Inspector, effective as of this date. The Board agreed that
Al had done a very good job for the town, and a letter of deep regret
will be sent to him.
Selectman Angie Machiros nominated William Pecoraro, Old Point
Road, Newburyport, as Wiring Inspector, to fill the vacancy until
July 1 , 1981 . The Board accepted the nomination.
The Board voted to hold up on a public hearing with reference
to an order for three telephone poles on Plum Island Turnpike. This
should be a temporary order, and as soon as the Telephone Company
confirms this, we will go ahead and sign the same.
Selectman Machiros gave an up-date on the Scotland Road Project.
Bayside Engineering reports that their studies clearly show that no
land takings will be made on this project.
The meeting adjourned at 8:15 p.m.
Respectfully submitted,
Doris Hodge, etary
1_97
SELECTMEN' S MEETING
JANUARY 27 , 1981
The Selectmen' s meeting was held at 7: 30 p.m. Acting Chairman
Angie Machiros opened the meeting by requesting a round of applause
to welcome the .American Hostages home from Iran. Selectman James A.
Lowe was present. Chairman Adams was on vacation.
Police Chief George Riel was present and reported to the Board
that one of the radios in the process of being repaired would be
back by Friday, according to the serviceman.
Mr. Spencer Knowles attended the meeting with Jean Littlefield
of Middle Road. Mr. Knowles, speaking in behalf of Mrs. Littlefield
told the Board of a tree problem at the Littlefield property. The
Tree Warden, Bob Colby, was not in attendance. All parties involved
will be asked to attend the next meeting on February 10th in order
to possibly solve the problem at hand.
Harry Dodson was present to introduce a scenic rivers program
sponsored by the Department of Environmental Management' s office of
planning. He left reading material for the Board to review and will
be in touch with us again in the near future.
A brief public hearing was held regarding easements requested by
New England Telephone Company for a temporary repair on Plum Island
Boulevard Poles. There was no opposition. The easements were granted
by a. vote of both Selectmen present.
The meeting adjourned at 8:05 p.m.
<�--Respectfull submitted,
Dori Hodge, creary,
SELECTMEN' S MEETING
FEBRUARY 10, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Philip Corbett and David Dronsick, Industrial Specialists, were
present at the meeting for the purpose of discussing the $5,000 grant ,
offered to the town for an Industrial Study in the Scotland Road area.
Mr. Corbett stated that the first step would be for the town to set
up a redevelopment or housing authority to accept the grant. A vote
would have to be taken at a town meeting to set up such an authority
and the Selectmen would begin the process by placing the item on the
warrant. Mr. Dronsick stated "If your only concern is getting the
money, the town could form the agency but then only have it for a
short period of time. After that the agency would be dismantled."
Chairman Adams suggested that Selectmen "put a feeler out" at the
Special Town,Meeting on March 3rd, then perhaps vote on it at the
annual town meeting on April 21st. No formal action was taken on
the matter at this time, but will be considered at future meetings.
In other business:
A petition regarding the airstrip of Warren Manter on Central
Street was acknowledged. 44 persons signed the petition in favor
199
Selectmen' s meeting (Continued) February 10, 1981
of the strip. Selectman Machiros made a motion "Whereas Town Counsel
has said that this Airstrip is not legal , we must abide by his advice."
The motion was carried unanimously and the petition will be placed on
file in the Selectmen' s office.
Tree Warden Bob -Colby, Spencer Knowles and Jean Littlefield were
present and the tree problems brought up at our last meeting were
discussed. Mr. Colby stated that he will notify the parties before
taking down the trees in question so that they may arrange to pick
up the wood that they have requested.
The meeting adjourned at 8:40 p.m.
Respectfully submitted,
Doris ,Hodge, ere y,
SELECTMEN' S MEETING
FEBRUARY 24, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Chief George Riel was present and stated that the Police Department
is in need of a Dispatcher at this time. Ceta worker, Norma Dow, has
accepted other employment. Selectman Machiros made a motion that the
Police Department will review the applications and the position will
be filled in the near future.
The subject of the new proposed Zoning By-Laws was next on the list.
Building Inspector David Caldwell addressed the Board and read a. letter
that he composed. In his letter, Mr. Caldwell stated that he was against
the proposal because it did not provide for the necessary zoning needs of
the town, and housing was being discouraged rather than encouraged for
the majority of all income levels. His letter is incorporated into the
minutes of this meeting.
Selectman Machiros made a motion that the Board take a stand on the
Zoning Proposal. The motion was unanimously carried. Mr. Machiros
stated that after being in office for several months and seeing the
.needs of the town, he was voting against the proposal. He said he is
against the acre and a half requirements and added that the proposal was
too regulatory.
Selectman Lowe said that he supported the Building Inspector' s
presentation and also the opinion of Town Counsel.
Chairman Adams stated that he felt that outside people were
putting a heavy burden on the landowners in the town, and he added,
"I have to be opposed to this also" .
After making their position clear, the Board briefly discussed
the subject with Planning Board Chairman Barbara Peabody. The proposal
will be voted on at the special town meeting on March 3rd.
Robert Bagshaw, d/b/a Berco Development Corp. , attended the
meeting and told the Board he is interested in submitting an Article
whereby Birch Lane may become an accepted Street in the Town.
Chairman Adams informed Mr. Bagshaw that before he could submit the
TOWN OF NEWBURY
Office of
1
�0g CuCpy BUILDING INSPECTOR
NEWBURY, MASS. 01950
y� _~PAiliq %AlVER• �n>� Feb. 24, 1981
OTEp I "6'
Mr. Alan I. .Adams, Chairman
Board of Selectmen
Town of Newbury
Newbury, Ma. 01950
Ref: New Town of Newbury
Zoning By-Law Proposal
Gentlemen:
During the past few months I have spent considerable
time studying and reviewing the most recent proposed new
zoning by-law for the Town of Newbury that is scheduled for
consideration of the voters on March 3, 1981 at a special
Town meeting. There is no question in my mind that this proposal
does not in its present form and content provide for the necess-
ary zoning needs for the Town of Newbury for many reasons, some
of the major ones I will try to briefly outline are as follows:
1. In many instances portions of all sections alter requirements
with major changes of regulations, restrictions and Town
policy when compared to our present zoning by-law.
2. Not only is the proposal lengthy and most comprehensive but
substantially vague and confusing throughout, as well as
most difficult to fully understand.
3. One of the most important sections in the total zoning
package is Section 1.2 under purpose especially that part
that states (and I quote) "to encourage housing for persons
-2-
of all income levels" . With the majority (and I would venture
to guess well over 90 0 of the buildable lots and acreage that
remains in the Town being zoned 40,000 and 60,000 square feet
with a present day starting price for buildable lots being
$20,000. - I fail to be able to comprehend just how one can
justify that housing is being encouraged for all income levels,
rather, I must conclude just the opposite is true , and housing
is being discouraged for the majority of the income levels.
4. To me it seems that to advocate resubmission of this same
zoning proposal with only minor revisions having been made from
that package which was defeated by the voters last year at this
time is grossly ill-timed due to present circumstances which
include the effects and implementation=_oof Proposition 2)z. To
my knowledge no one has publicly addressed not only the increased
work load and responsibility being required of not only the
building department but the Zoning Board of Appeals as well , and
also how much is the financial burden going to be in order to
fully implement and enforce the new by-law. I can foresee that
the increased financing will become quite substantial.
5. In conclusion I find that this new zoning by-law package in its
present form cannot be effectively implemented or enforced under
the Town' s present governmental set-up or under the mandate of
Proposition 216. also, I am in complete agreement with Town
Counsel' s recent comments and observations addressed to the
Planning Board by letter dated ebruary 12, 1981.
r
Vid Aallwe11
Inspector of Buildings &
cc: Planning Board Zoning Enforcing Officer
Town of Newbury
Selectmen' s meeting (Continued) February 24, 1981 2,0i
Article a drainage problem which exists on Birch Lane would have to be
corrected by Bagshaw. He added that the town is in no way responsible
for the drainage problem.
The meeting adjourned at 8:20 p.m.
Respectfully submitted ,
Dori Hodge'
Secretary
SELECTMEN' S MEETING
MARCH 10, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmeri'James .A. Lowe and .Angie Machiros
were present.
The first item of business was a complaint from Sheila LeBlanc,
who resides on Old Point Road, Plum Island. Her complaint stemmed
from the condition of Old Point Road, and the way the water rises over
the roadway when the water was so deep that it came up into her car.
Selectman Machiros confirmed the conditions of Old Point Road and the
Board agreed that something has to be done to correct the problem.
Barbara Peabody, Planning Board Chairman was in attendance. She
addressed the Board and read a memo that was composed by herself and
two other members of the Planning Board concerning Lot 10, Highfields
Subdivision. Ronald Pearson has given this lot to the town to be used
as a playground, however the Planning Board feels that the purpose has
not been made clear enough. Selectman Machiros made a motion to take
this matter under advisement and the mot1on was carried unanimously.
Mrs.Peabody presented a second item to be acted on regarding an
agreement sighed by both the Highway Surveyor and Robert Bagshaw, d/b/a
Berco Development Cbrp. The agreement states that Berco agrees to pay
for materials (not to exceed $300.00) and the Highway Department will
provide the labor and equipment necessary to correct a drainage problem
located between Catch Basin #1 and Central Street. Chairman Adams said
that he wants to see the money in escrow before the Board agrees to the
arrangement, and this was the unanimous feeling of the Board.
.A letter of complaint addressed to both the Selectmen and the
Planning Board regarding the said drainage on Birch Lane was acknowledged.
Paul Smart, 1 Birch Lane, was the Complaintant. Mr. Smart was not able to
attend the meeting. Mrs. Peabody stated that the Planning Board will be
03
Selectmen' s Meeting (Continued) March 10, 1981
holding a special meeting on March 13th. We will carry this complaint omm
to our next meeting on March 24th.
Chief George Riel stated that the new cruiser is in and will be on
the road tomorrow.
Chief Riel further stated that he had approximately thirty appli-
cants for the Dispatcher' s position. He recommended that the Board
consider hiring Carol Scholtz , of Salisbury, who has had six years'
experience working with the Salisbury Police Department. Selectman
Machiros made a motion to hire Mrs. Scholtz for" a six-month probationary
period and it was carried unanimously.
A new directive from the Board of Selectmen pertaining to Building
Permits connected with Wetlands or Flood Plain areas was read by the
Chairman, who made a motion that a copy of the new regulation be attached
to all Board of Health Permits, Septic Tank Permits and Building Permits.
The motion was carried unanimously.
Chief Riel asked the Board what could be done about youngsters
gathering after dark in the park in back of the library. Chairman
Adams said he will consult Town Counsel as to what action can be taken.
Selectman Machiros spoke about a spring clean-up campaign and made
a motion that the Board endorse such a program. This was carried
unanimously. This campaign is sponsored by the Cleaner Commonwealth.
Corporation at no cost to the town. The Corporation supplies all
materials except labor. The volunteer program will be further discussed
at the next Selectmen' s meeting.
A one-day liquor license was granted by the Board, to Protection
No. 1 , for its annual dinner on March 14th at Governor Dummer Academy.
The Historical Society of Old Newbury asked for and received
permission from the Board to use the upper Green for an action on
Saturday, September 12th.
. °The following Jurors were drawn:
Newburyport: Benny Oleski, 14th Street, Plum Island.
Lawrence: William D. Danner, 165 Elm St. , Byf ield
Salem: Robert St. Hilaire, 5 Central Street, Byf ield
Beatrice Short, 48 Wayside Avenue, Byfield
The meeting adjourned at 8:25 pm.
"Respectfully submitted,
Doris Hodge, ' e etar,y_
Z
SELECTMEN'S MEETING
MARCH 24, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman
Man I. Adams opened the meeting. Selectmen James A. Lowe and Angie
Machiros were present.
Mr. Genakakis, representing Essex County Sportsmen' s Associa-
tion asked for and received the unanimous approval from the Board
to use the upper green for an auction-flea market on Saturday, May
9th. The rain-date will be Saturday, May 16th. The Chairman in-
formed Mr. Genakakis that someone should be responsible for seeing
that the Green is left in the same good condition as they found
it. Mr. Ernie Poulin will be responsible.
Mr. Walter West, representing Commonwealth Cable Systems, Inc. ,
Dallas, Pa. , was in attendance and presented a television program
showing how their cable system works. He said they will submit a
proposal by March 27th.
Chief George Riel was in attendance. He asked the Board to
appoint Edward T. Rice as a Reserve officer-dispatcher, and Cheryl
Ricker as a Reserve Officer. The two appointments were unanimously
approved (for six-month probationary periods) .
Selectman Machiros stated that. the anti-litter program has
been started. Litter bags for automobiles are being handed out
to persons coming in to the Town Hall in order to acquaint people with
the program.
A communication from the Selectmen in West Newbury, stating
that their Board is contemplating abandoning a section of Crane
Neck Street from Brown Island Road to the Newbury Line. They further
stated that this information might be useful to us in case we are
considering the abandonment of a section of Forest Street. They
thought our efforts could then be coordinated. Selectman Lowe
made a motion that we wait and see how West Newbury makes out before
we take any action. This motion was passed unanimously.
A complaint was received concerning debris on the Trodd
property, Marsh Avenue. Building Inspector Caldwell will inspect
and report back to the Board.
Rosemary Loveday has resigned from Merrimack Valley Emergency
Medical Systems. She has served the town well , and will be sent
a letter of regret.
The Triton Band Parents Association was given permission to
use the Upper Green for a rummage sale on Saturday, June 6th. The
meeting adjourned at 8:40 p.m.
Respectfully submitted,
Dori odge, e
20
SELECTMEN'S MEETING
APRIL 14, 1981
The Selectmen' s meeting was held at ?: 30 p.m. Chairman Alan I.
Adams opened the meeting. 'Selectmen James A. Lowe and Angie Machiros were
present.
Chief George Riel asked the Board if they would be interested in
joining with surrounding towns in the Regional Computer Organized
Police System. After a discussion, a motion was made by Selectman Machiros
to write to the people in charge and tell them that we are interested. The
motion was carried unanimously.
A complaint concerning a dog owned by Thomas Savage, 16 Marsh Avenue,
Newbury, was brought by Arthur Nason, 28 Marsh Avenue. Dog Officer
Richard Cunningham will hand deliver a notice to the parties, informing
them that a hearing will be held April 28th at 8:00 p.m.
Richard Cunningham asked the Board if a permit had been issued to
Ronnie Pearson for his Garden Center. No permit has been issued.
A letter of resignation was read from Nina Colby who has served the
town well as a member of the Council for Aged. A letter of regret will
be sent to Mrs. Colby.
The matter of closing the local parks from dusk til dawn was discussed
with Chief Riel. Town Counsel has advised that the Selectmen can make a :-�
ruling as to restrictions. Selectman Machiros made a motion that all areas
used as parks be closed at dusk. The motion was carried unanimously.
The Haverhill Gas Company was given permission to install a line at
9 South Pond Street. The Gas Company will comply with stipulations set by
the Highway Department for patching of the road after the line is laid.
Olde Town Clammers have permission to use the Lower Green on Tuesday
nights and the upper Green on Thursday nights to play softball. Bob
Doyle and his Anna Jaques group have the use of the Upper Green on Wednes-
day nights for their ball games. The Selectmen were in agreement that no
other nights be scheduled except as stated.
The subject of Cable TV was discussed further. Specifications will
be sent to Newburyport Cablesystems in Newbury, and to Commonwealth Cable
Systems in Dallas, Pa. , notifying them that we will allow them thirty days
to respond with their final proposals. (May 15 - 12:00 noon) . The hear-
ing date will be May 26th following the regularly scheduled Selectmen' s
meeting, at which time the board will issue the provisional license.
Sheila LeBlanc of Plum Island gave the Board a bill kom Donahue
Motors in the amount of $22?.?2. Work was done on her car as a result of
damages received when she drove over Old Point Road during high tide. The
town has notprovisions for such a payment.
The following jurors were drawn:
David W. Yesair Grand Jury
6 Johnson Lane
Byf field , Mass. 01922
Lawrence Keating, Jr. Newburyport
Old Rowley Road
Newbury, Mass. 01950
Edward F. Gundal Lawrence
43 Newbury Neck Road
Newbury, Mass. 01950
9
Selectmen' s meeting (continued) L April 14, 1981
Vivian Joan Travis Salem
17 Withington Street
Newbury, Mass. 01950
Susan M. Becker Salem
8 Harvard Way
Newbury, Mass. 01950
The meeting adjourned at 8: 30 p.m.
ctfully submitted,
D
Zeoriso e, S tart'
SELECTMEN'S MEETING
APRIL 28, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman
Alan I. Adams opened the meeting. Selectmen James A. Lowe and Angie
Machiros were present.
Before any other business was taken care of, Clerk of the Board,
Angie Machiros, nominated Alan I. Adams as Chairman for the coming year.
The motion was seconded by Selectman Lowe. Chairman Adams nominated
Angie Machiros as Clerk of the Board for the coming year, and this also
was seconded by Selectman Lowe.
Mrs. Charlotte DeWitt, representing North Shore Promotions, asked
the Board for permission to hang banners across the road in the areas
of Route 1 and Parker Street and Route 1 and Hanover Street, advertising
an Arts and Craft Show at the Horse Show Grounds on Plum Island Turnpike,
Memorial Day weekend and Labor Day weekend. The Board unanimously denied
permission. However, Chairman Adams said that a few small signs might
be allowed the day before the shows. The Chairman instructed Mrs. DeWitt
to write a letter, telling the Board what she intends to do about placing
the signs and we will advise her of our decision.
In other business, the subject of opening up Plum Bush Creek was
discussed. Neighbors were present and expressed the opinion that their
drinking water might be improved if the creek was opened. There is a
possibility of State Funding for the Project. Selectman Machiros made
a motion to get started on opening up the creek and the motion was
passed unanimously.
At 8:00 p.m. a hearing was held regarding a dog complaint (Nason vs.
Savage) . The following witnesses were sworn in by the Town Clerk:
Ginger Nason, Denise Wilkins, Joan Nason, Cynthia Landry, Thomas Savage
211
Selectmen' s meeting (continued) April 28, 1981
and Dog Officer Richard Cunningham. Mrs. Joan Nason said that her
neighbor Thomas Savage owns a young dog that jumps over her fenced-
in property, and in her opinion, the dog is responsible for damaging
. the liner to her swimming pool. Cynthia Landry, who lives at the
Savage residence said that has tried very hard to correct the problem,
and Mrs. Nason did say that for the past two weeks they have not been
bothered. The Dog Officer said that he thought the owners have been
trying to train the dog. A motion was unanimously passed to take the
matter under advisement. Chairman Adams warned Mr. Savage that he would
have to see that the dog did not bother the Nasons in the future and
stated that if the problem does continue, another hearing will be in
order. Later, the Board unanimously agreed to "Dismiss the Complaint" .
The following persons were named as lifeguards for this summer:
Mary Anne Osborn, 61 Hanover Street, Cynthia J. Fish, 3 Tory Lane,
Teresa Russo, 2 Toppan' s Lane ; Christine Adolph, 52nd Street and Lauren
Foley, 11 High Road.
The Board appointed Ralph Crooks, Parker Street, as Assistant
Harbormaster.
The following jurors were selected:
Olive M. Hilton Newburyport
5 22nd Street
Plum Island, Newbury
Elizabeth A. Dagres Lawrence
15 Greentree Lane
Byfield, Mass.
William C. Morse Salem
14 Riverview Drive
Newbury, Mass.
Daniel J. Varoski Salem
12 51st Street
Plum Island , Newbury
The Board was in agreement that brighter lights should be installed
at the intersections of Route 1 and Boston Road, and Route 1 and Hanover
Street. John Pare of Mass. Electric will be contacted and he will follow
through on the installation of the Sodium Vapor Street Lights at these
intersections.
The Board unanimously agreed to hire Chuck Bear for Plum Island
trash pick-up again this year. He will start picking up on Saturday
May 23rd, and the days scheduled are Wednesday and Saturday of each week
through October 31st at a rate of $200.00 per day.
The meeting adjourned at 9:00 p.m.
(--_-R�spectfu y submitted,
Doris od,e. etar�+c
2-1.3
SELECTMEN'S MEETING
MAY 12, 1981
The Selectmen' s meeting was held at ?: 30 p.m. Chairman Alan I.
.Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Mr. Ronald O'Neill , 13 Pearson Drive, addressed the Board and
presented a petition against L'ot #10 on Pearson. Drive being used as a
baseball field. Chairman Adams stated that so far we have not had any real
dealings regarding this matter. Selectman Lowe said that the Lot has
been newly seeded and he didn' t think there will be anything done this
year. Chairman Adams further said, "It will be more or less a neighbor-
hood park".
John Morris, Chapel Street, Newburyport, was recommended by the
Chief and appointed by the Board to serve as a lifeguard for the summer.
The Chief also recommended Edward N. Spicer, Jr. , 5 Willow Avenue,
Newburyport, as a part-time dispatcher. The Board took the matter
under advisement.
Marshall Dawes, 307 High Road was present and told the Board that
last Fall , when he purchased his home, there was a water problem in back
of his property on Newbury Neck Road. It was necessary at that time for
the Town to take down some trees in order to correct the problem. He
asked if it was possible that some trees could be replaced on the town
owned property in order that the Dawes might have more privacy, and it
would cut down on the noise around their home. Chairman Adams said he
will speak to the Highway Surveyor and also the Tree Warden and perhaps
a half dozen Maples can be planted there. The Board was in agreement.
It was voted that Bruce Ilsley willtake care of the mowing at the
Parker Cemetery. -Bruce will submit his bill to the Church and the Church
will bill the town. Selectman Lowe abstained from voting.
With regard to the installation of Jiffy Johns at the Island this
summer, Selectman Lowe said, "I move that the terms of the State Rules
and Regulations governing the said facilities be varied, allowing the
use of the aforesaid on Plum Island." This was unanimously approved by
the Board.
A note from the Town Library was read by the Chairman regarding
the resignation of Library Trustee Ann Little. Selectman Lowe made the
motion to appoint Deborah G. Morrison to fill the unexpired term of Mrs.
Little until the next election. The motion was passed unanimously.
2I.5
Selectmen' s Meeting (Continued) May 12, 1981
A one-day liquor license was granted to Governor Dummer Allies for
Thursday, May 21st.
It was voted by the Board to hold a work shop next Monday evening,
May 18th, at 7: 30 p.m. , for the purpose of discussing the upcoming
hearing on Cable television.
Chairman Adams said that he has asked Highway Surveyor George Pollard
to install stub poles at the end of Cottage Road and also to put up a sign
"No Cars, Boats or .Animals allowed on Beach Area" . This will allow people
to enjoy the Beach without any hazards.
At 8:15 p.m. a short recess was called so that the Board might discuss
with Chief Riel the application of Edward Spicer as a part-time Dispatcher.
The Board then reconvened, and Chairman .Adams entertained a motion to
appoint Mr. Spicer for a six-month probationary period. This motion was
passed unanimously.
The meeting adjourned at 8:20 p.m.
R_"pectfull submitted,
Doris o ge, cr tary
SELECTMEN'S MEETING
MAY 26, 1981
The Selectmen' s meeting was held at 7: 30 p.m. , Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Selectman Machiros stated that as a matter of record, the Jiffy
Johns have been installed at the center of Plum Island. The six units
will be opened to the public during the day. A chain link fence
enclosure will be locked at night. Two parking lot owners at the Island
have stated that they intend to have a unit placed on their lots.
Selectman Machiros made a motion that the Parking Lot owners should be
notified to install a stockade type fence enclosure. The motion was passed
unanimously.
Selectman Machiros congratulated Chief Riel and other police officers
for the way they handled the traffic on Plum Island over the Memorial,
Day weekend. He expressed further concern about the traffic problems
which resulted from the crowds attending the festival near Plum Island
Airport. He said, "If Newburyport wishes to issue another license for
Selectmen' s Meeting (Continued) May 26, 1981 217
the festival on the Labor Day weekend, our Police Department should get
together with the Newburyport Police and find a way to flow the traffic
through.
David Balkus, 14th Street, Plum Island appeared before the Board
with a complaint concerning a neighbor who has been blocking the road-
way to his home. Chief Riel has talked with the neighbor and Mr. Balkus
was advised that if conditions don' t improve, he should attend the next
Selectmen' s meeting.
The following persons were picked for jury duty:
Albert E. Walker Salem Court
82C Main Street,
Byfield , Mass.
Allen P. Rogers Salem Court
15 Larkin Road
Byfield, Mass.
Barbara A. Butler Lawrence
85 Main Street
Byfield, Mass.
Robert A. Taylor Newburyport
86 High Road
Newbury, Mass.
At 8:00 p.m. bids for road materials and an asphalt paver were
opened. The Board took no immediate action on the bids but will go
over them with the Highway Surveyor George Pollard before awarding any
contracts. All bidders will be notified as to the decision.
At 8: 30 the meeting adjourned to the Fire Station where there was
more room to hold the Cable Television Hearing and at 8:40 the hearing
was held.
Both Commonwealth Cable Systems from Pa. and Newburyport Cable-
systems (a/k/a American Cablesystems) were allowed time to make their
presentations.
Interested parties attending the hearing were allowed to askiquestions
of both Cable Companies.
Gordon Taylor asked the Pa. firm how they figured they could come
way up to Newbury and make any money if only 25/ of the homes (500) would
be subscribing to Cable. The Company' s representative said they planned
on 50'0 subscribing and that they had done their homework and didn' t think
there would be any problem.
The question of tax revenue was raised by Charles Bashaw. He said
that the Pa. firm planned on bringing in $30,000. a year, and he was
interested in how much Newburyport Cablesystems would be bringing in.
John Foley, General Manager of Newburyport Cablesystems replied, saying
21.9
Selectmen' s Meeting (Continued) May 26, 1981
that the tax revenue will have to be figured out and the amount will be
presented to the Selectmen in the near future.
Another question was raised as to why the Pa. firm had to be
represented by a lawyer (Tom Joyce, Jr.) . It was brought out by the
representative that they felt that a lawyer would be an asset to the town
in helping to show the residents why their company would be the best of
the two Cable Systems.
Dr. Storer Humphreys asked if the tax rate would be affected, and
the answer was "no" .
.Another question to the Pa. Company - "What is taxable revenue , and
the answer - $750,000 personal , and 1.25 million, real."
Selectman Machiros questioned Commonwealth Cable Systems, stating
that in their final proposal there is a difference of $125,000 in the
cost of the Building. Commonwealth replied that it was due to a typing
error.
Chairman Adams asked the Pa. firm if they planned on hiring a
manager and four other persons for a fuure of $43,000. The spokesman
replied, "Yes, we will be hiring all local people" .
Tom-:3oyce, in his closing statement, said that Newbury has never
brought industry into the town and he thought it was time to move.
Selectman Machiros said that the Board has been working very hard to
bring industry into Newbury, and said, "I think you owe us an apology".
"For that, I do" , Joyce replied.
The rates set by Newburyport Cablesystems, which will be frozen
for two years, are $2.50, $6.50 and $8.50. Premium television options
range from $3.95 to $8.95. The Newburyport firm said that construction
would start immediately if awarded the contract, and will be completely
installed by late summer.
.At 10:15 Chairman Adams entertained a motion to take the matter
under advisement and the motion was passed unanimously. At 10:20 the
Board reconvened at the Town Hall in order to reach a decision as to who
would be awarded the contract.
Selectman Machiros said, "For my closing remarks, I would like to
first ask a question. If you needed a Doctor, and there were two Doctors
in town, one was very good, but was expensive; the other was eager to
try and was less expensive, which one would you pick"? He added , "I
have a recommendation - that on their proven track record, I make a
motion that we vote for Newburyport Cablesystems".
Selectman Lowe said he voted for Commonwealth Cable Systems.
221 q1W
Selectmen' s Meeting (Continued) May 26, 1981
and said his decision was made because he was much impressed by the
fact that Commonwealth has been in the field of communications for over
80 years and because of its intent to make all of its investment in
Newbury. He further stated,- "last but not least, that it hasn' t in-
cluded local carpetbaggers in its organization for the purpose of influ-
encing the vote in its favor". He mentioned that both the chairman of
the school board and the chairman of the Board of Registrars were in-
vestors in Newburyport Cablesystems.
Chairman Adams said that he agreed with Selectman Machiros, and
he was also impressed with the track record of Newburyport Cablesystems
and he voted to award them the contract.
After the decision was made, Selectman Lowe said, "I'm not
surprised, I figured it was all in 'the bag two weeks ago".
American Cablesystems Vice President, Barry Lemieux, said that the
quick vote by the Selectmen was "very gratifying" , and the next step
would be the negotiation of a provisional license with the Town which
should take 2 to 4 weeks. Mr. Lemieux further said that the final
license could be awarded after approximately one month.
The meeting adjourned at 10: 30 p.m.
Respectfully submitted,
iDo odge, S ereta
SELECTMEN'S MEETING
JUNE 91 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Mickey Villane attended the meeting with reference to a letter of
request that he received from the Selectmen. The letter asked that
Mr. Villane erect a fence around a Jiffy John in his parking lot. He
disagr1eed with the request. Chairman Adams said he would have to comply
or get rid of the unit. Selectman Machiros told Mr. Villane that the
Board did not ask him to put the unit on his lot, and added, "we' re
asking you to put a fence around it not only for appearance sake but
also in order to prevent vandalism, and further, it is a Board of Health
Regulation" . Mr. Villane still maintained that he would not be erecting
any fence.
223
Selectmen' s meeting (Continued) June 9, 1981
Mr. George Finigan, Bryn Mawr Way, Plum Island, appeared before the
Board. His neighbor, Mr. Callanan, who owns property next to his (on
Columbia Way) is using a 50 gallon drum for a septic system. He is not
a year round resident, but rents out his property. Mr. Finigan has
concern for his drinking water. Mr. Callanan will be requested to appear
at the next meeting, June 23rd.
Mr. Joseph Frost attended the meeting at the request of the Board
to discuss the bill that Bruce Ilsley has submitted for cutting the grass
at the Parker Cemetery. After discussing the matter with Mr. Frost,
Chairman ,Adams said he thought we ought to limit ourselves to a thousand
dollars a year for the care of the cemetery and anything over that, the
Church will take care of. The Board was in agreement, as well as Mr.
Frost.
Tree Warden Bob Colby was present at the meeting regarding a con-
troversy over a tree that he took down that landed in the duck pond on
the Green. The Highway Department was not contacted prior to his taking
the tree down, and did not have the time to take care of the tree right
away. Chairman Adams and Selectman Machiros were of the opinion that he -ht
should have checked with the Highway Department first, and also that Bob
was not cooperating as he said he would at a recent Personnel Board
Meeting. By a two to one vote, an ,Article will be inserted in the June
23rd Special Town Meeting Warrant to have the office of tree warden filled
by annual appointment of the Selectmen, instead of by election. Selectman
Lowe abstained from voting.
Gregory Harris, ?2-A Hanover Street, Newbury, was unanimously
appointed by the Board as a part-time Police Officer.
Jon Foley, representing Newburyport Cablesystems appeared at the
meeting with reference to the subject of taxable property that Newburyport
Cablesystems expects to have in Newbury. Charles Bashaw, .Assessor, said
that his Board would like some advance information for long range planning.
Mr. Foley couldn' t give an immediate answer, stating that in March of
next year the proper forms will be filed and his questions will be answered
Low bids for Road materials were accepted by the Board except for
bituminous concrete which will be advertised again in order to get a lower
figure which is possible. Bids will be opened at 9:00 p.m. , June 23rd.
The Byfield Water District was granted a special permit to erect a
new water storage tank.
295;
Selectmen' s Meeting (Continued) June 9, 1981
Richard Cunningham was reappointed dog officer and James A.
Cunmingham was re-appointbd .Assistant Dog Officer for the doming year.
The Byfield Methodist Church was given permission to have its annual
road race .August 22nd at 10:00 a.m.
A one-day liquor license was granted to the Byfield Fire Company to
sell beer at its annual. beerfest on Sunday at the Central Street Head-
quarters.
The meeting adjourned' at 9: 30 P.M.
Respectfully submitted,
D ris'�,odge, Secre y
SELECTMEN'S MEETING
June 23, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I. Adams
opened the meeting. Selectmen James A. Lowe and Angie Machiros were
present.
Mrs. Claire Lange was at the meeting. She has a home on Bryn Mawr
Way, Plum Island, which is difficult to get to because of road conditions.
After a discussion with the Board, it was a unanimous decision that Bryn
Mawr Way be extended thirty feet to correct the condition, allowing Mrs.
Lange to drive to her home without difficulty.
Nick Giantis was granted unanimous approval to have two video games at
his place of business, 51 Main Street, Byfield.
At 7:40 p.m. a motion was carried to recess to the Round School where
a special town meeting was held. An article to change the position of
Tree Warden from an elected post to appointment by the Selectmen was
rejected (121 to 103) by Newbury voters. The Selectmen' s meeting reconvened
at 9:40 p.m. Chairman Adams opened the meeting. He stated that as far as
Colby was concerned, he held no hard feelings and Selectman Machiros stated
that he will still try to work with Colby, adding that "we will still try
to provide solutions when the complaints come in."
Bids 'f or bituminous concrete were opened at 9:45 p.m. All bids
were taken under advisement by a unanimous vote of the Board.
Chairman Adams read a letter of resignation from Glenn Little, full
227
Selectmen' s Meeting (Continued) June 23, 1981
time police officer. The Board accepted the resignation with regret
At the Chairman' s request, Police Chief Riel will make a recommendation
for a replacement as soon as possible.
The Board appointed the following to serve on the Redevelopment
.Authority for the Town: Samuel Traister, John Healey,Robert Doyle,
John O' Connell , William Tempel , Frederick Scott and Joseph Vangile.
The Board was in agreement to hold a Selectmen' s meeting on June 30th
at 7: 30 p.m. to make appointments for the next fiscal year.
The meeting adjourned at . 10:40 p.m.
Respectfully submitted,
Doris odg ,Beary—---
SELECTMEN'S MEETING
June 30, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen Lowe and Machiros were present.
.Appointments were made and a ^list of the same is on file in the
Selectmen' s office.
At 8: 30 p.m. the Selectmen went into Executive Session. At 8:45
p.m. the Board reconvened and a motion was carried unanimously to discuss
the possibility of the Building Inspector position becoming full time. A
letter will be sent to Mr. Caldwell inviting him to discuss this matter
informally and unofficially on Tuesday, July 7th at 7: 30 p.m.
The next item of discussion was the matter of Mr. Palumbo and his
plans for expansion of his Hanover Street property. :A motion was carried
unanimously that a letter be sent to Palumbo by the Agent of the Board
of Health requesting that a registered professional engineer assure us
that the system is capable of supporting the extra additional load, and
we shall also inform Palumbo that the Board is concerned about a creek
being very close to the area where he is expressing a desire to expand
his property.
Chairman Adams brought up a matter regarding houses that have either
burnt or are otherwise derelict. He made a motion that a two-year limit
be put into effect as of this date, allowing another structure to use the
f'�
29
Selectmen' s Meeting (Continued) June 30, 1981
existing septic system. However, after the two year limit, the existing
septic system cannot be used except in cases of definite and proven
hardship. The motion was carried unanimously, and a new regulation will
be drawn up.
The meeting adjourned at 9:00 p.m.
espectfully submitted,
Doris Hodge, Se r tam
SELECTMEN' S MEETING
JULY 14, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
,Adams opened the meeting. Selectmen James A. Lowe and .Angie Machiros
were present.
Mrs. Arthur Johnson, 15 Main Street, Byfield, was present at the
meeting. She spoke to the Board about a drainage problem in front of
here home. The Chairman said he will speak to George Pollard , Highway
Supt. , to see if something can be done to correct the situation.
.All Selectmen officially assigned the Provisional License for
Cable Television to Newburyport Cablesystems Corporation. Representa-
tives of the Corporation (Joh Foley and Barry Lemieux) were present
and witnessed the signing of the license. Mr. Foley stated that if
all goes as planned, we should have the use of Cable Television in
our homes before the end of the year.
Mr. and Mrs. George Finigan, Bryn Mawr Way, Plum Island , were
present to further discuss a septic system complaint they have against
Thomas Callanan, their neighbor. The Board passed a motion unanimously
"that Mr. Callanan shall comply with Title #5 of the State Sanitary
Code, forthwith" . A certified letter will be sent to Mr. Callanan
informing him of the above motion.
Mrs. Josephine Galvanek, Southern Blvd. , Plum Island, attended the
meeting with reference to a complaint about construction on her property
encroaching on Town Property. The matter was discussed with the Building
Inspector. The complainant, Martin L. Saradjian and Mrs. Galvanek will
be asked to attend the next meeting, with a view to settling this matter.
A motion was passed to table the matter until it is cleared up. A letter
Selectmen' s Meeting (Continued) July 14, 1981
will be sent to Mrs. Galvanek by the Building Inspector ordering
her to cease and desist from any further construction and notifying
her that her building permit #466-81 is hereby declared null and
void until such time as it is released or reissued by the Building
Inspector after final determinations are made.
Mr. Langliss, 162 Orchard Street, Byf ield, was present and
stated that there is a drainage problem in front of his property.
The Chairman said that with the Chapter 90 Road money, the town plans
to work on Orchard Street and hopefully the flooding problem can be
corrected.
The Board unanimously agreed that in the future, any further
information that is desired by Mr. McDonald of Plum Island , regarding
the Becker property should be handled between his lawyer and Town
Counsel.
The Selectmen unanimously appointed the following persons to
serve on a Board of Survey as it applies to Unsafe Buildings: John
O'Connell , Wallace 0. Pearson and Charles Bashaw. The men will be
notified of their appointment and requested to contact Building In-
spector Caldwell as soon as possible in order to set up a meeting with
him.
The Board unanimously approved the figure of $10.25 per hour as
a rate for Special Police (with a minimum of four (4) hours) .
.:A request has been received from the Newbury Handtubbers for
Town Snow Fencing for a muster on the 26th day of July. The request w
was granted, and the Highway Department will be notified to allow
Richard Knight to borrow and return the same.
The meeting adjourned at 9: 30 p.m.
Respectfully submitted,
on Ho(PS,(�, S re
233
SELECTMEN' S MEETING
JULY 28, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Attorney Martin Saradjian attended the meeting with reference to a.
complaint he has against his neighbor, Josephine Galvanek. He contends
that there is an illegal structure being added onto the Galvanek house.
Mrs. Galvanek, who was present at the meeting, was asked if she is able
to hire a surveyor, and she said that she is in debt at the present time.
The Chairman told her that the County Engineers could be requested to come
down and lay out her property lines if she was agreeable; however, he made
it clear to Mrs. Galvanek that it might be six months before they came down,
and she was not allowed to go forward until the bounds were laid out, and
her building permit reinstated. She said she understood, and if she felt
that she could afford to hire her own surveyor, before the County Engineers
arrived, she would do so. A decision as to whether she is allowed to go
forward will rest on the results of the survey.
The next item of business was a complaint brought by Mr. George
Finigan of Bryn Mawr Way, Plum Island, against his neighbor, Thomas Callanan
also of Byrn Mawr Way. Mr. Finigan stated that Mr. Callanan' s septic system
is on his land. After discussing this problem at length, Mr. Callanan
said that he will push a rod through the pipes, and if he finds that he
is on Finigan' s land, he will change things over so that everything is on
his own land. He was again reminded that he must comply with Title #5•
Mr. Buck Shea, Southern Blvd. complained to the Board about flooding
and drainage problems on land next to his that used to be a vacant lot.
George Pollard , Highway Supt. will check out the problem.
A resident of Riverview Drive requested and was refused a. license
to repair cars in his garage. This was a unanimous decision.
The subject of allowing town snow fencing to be borrowed was
discussed with the Highway Supt. In the future, the Selectmen will be
the ones to decide whether snow fencing will be loaned.
Upon Chief Riel' s recommendation, and by a unanimous vote of the
Board, Andrew Avelis was promoted to full time Police Sergeant, effective
immediately.
A notice of Intent will be filed by August loth with the Conserva-
tion Commission with regard to the raising of Old Point Road and Sunset
Drive.
235 '
Selectmen' s Meeting (Continued) July 28, 1981
There were two names suggested by the Board as possibly candidates
for the Personnel Board: Francis Fournier and David June.
The Board gave permission to the Sons and Daughters of the First
Settlers of Newbury to move the Jackman-Willet House over town roads
to a new location on Cottage Road in Newbury.
The Fish Commissioners and Shellfish Constables were present at
the meeting and the Board was in agreement that the Fish Commissioners
should meet once a month. The Board unanimously agreed that whoever
is in charge of the Management Plan for contaminated areas will re-
ceive compensation of $6.00 per hour.
The meeting adjourned at 9:20 p.m.
espectfully submitted,
Doris-I odge , Se eta
SELECTMEN' S•MEETING
AUGUST 11 , 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
David June and Francis Fournier were present to be considered
for a position on the Personnel Board which was left vacant due to the
resignation of Robert Brown. After talking with both candidates , the
Board of Selectmen and the Personnel Board voted by paper ballot and
by a 4-3 vote Francis Fournier was appointed to fill the vacancy.
It was a unanimous decision of the Board to contact the Scenic
Rivers Group and advise them that it is our feeling that our town is
adequately protected by our Board of Health and we do not wish to
join their group.
Mr. Hoey of Dartmouth Way was present and complained that street
rubbish is being dumped at the opening of the road. The matter will be
looked into by the Highway Department.
Mrs. Galvanek from Plum Island was present with reference to the
controversy involving her property. She informed the Board that sometime
within a week she expects to have her land surveyed. According to a
statement of implication made by Mrs. Galvanek that records would not
i
237 84 _
Selectmen' s Meeting (Continued) August 11 , 1981
be made available to her, Selectman Machiros said, "It is the policy of
this Board, and particularly myself, that all records will be made avail-
able to the public:"
The matter of loaning or swapping Highway equipment with other towns
was discussed. Chairman Adams stated that perhaps our Town Counsel should
advise us as to whether Highway equipment should be swapped or loaned out.
The Finigan - Callanan Complaint has been cleared up , and Mr. Callanan
n
now has a new septic system installed on his own property.
A letter of request from Henry J. Becker and Philip J. Becker was
read by the Chairman. The letter requested that the Board of Health
outline the conditions of Title V of the State Sanitary Code which provided
for the issuance of a building permit on Lot 133, Map U1 , and if the build
ing permit regulations of the town were complied with under paragraph 4C
and #7. A request was also made for copies of the plot and site plan and
the sewage disposal construction permit. A further request that the Board
of Health or its Agent determine the approximate distance from a recently
installed well site on a sub-divided portion of Lot 137 to an existing
sewage disposal system on Lot 104. The Chairman informed the Beckers,
who were in attendance, that a reply in writing will be forthcoming.
` Upon Police Chief Riel' s recommendation and by a unanimous vote of
the Board, W. Lawrence Cocoran was appointed as a reserve officer.
The following Jurors were drawn:
Michael Fosburg Lawrence
3 West Street
Byfield, Mass. 01922
Nicholas Ivone Newburyport
32 Central Street
Byfield, Mass. 01922
Hattie Rogers Salem
1 Forest Street
Byfield , Mass. 01922
Donald van Vliet Salem
14 School Street
Byfield, Mass. 01922
Wallace Ziehler Grand Jury
235 High Road
Newbury, Mass. 01950
The meeting adjourned at 8: 30 p.m.
C-Respectfu 1 submitted,
� - .
on o ge, re
2(ti;9
of
•
f,I ai
SELECTMEN'S MEETING
.AUGUST 25, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe ane Angie Machiros
were present.
Mr. George Finigan was present regarding a septic system complaint
that he has against his neighbor Thomas Callanan. Mr. Finigan told the
Board that he would like to have a further investigation to find out whether
"Mr. Callanan' s kitchen sink is hooked into the new septic system that he
has just had installed. He said he has reason to believe that it isn' t,
and could be too close to his well. The Selectmen advised Mr. Finigan
that they, as Board of Health, had completed their obligation, by seeing
that Callanan had installed a new septic system, and informed Mr. Finigan
that if he wants to go into the subject of sink drains , etc. , that he
should contact the Plumbing Inspector. Mr. Finigan asked if the Selectmen
would contact the Plumbing Inspector and ask him to go down and see just
what is connected to the new system, and what isn' t - if anything. The
Board agreed to do this.
Mrs. Galvanek, from Plum Island , was present, and stated that whereas
she has followed all instructions, and done all that she was told to do,
she would like permission to finish the storage room that is in the process
of being added to her house. Mr. Martin Saradjian, who has objected to
the addition, has sent a writtenieauest to have any decisions held up
until September 15th, as he is in the hospital. Selectman Machiros said
that he felt that the request should be honored under the circumstances,
and added that he would ask the same consideration for Mrs. Galvanek, if
she was in the hospital and asked for an extension. The Chairman and
Selectman Lowe said that they felt that Mrs. Galvanek had complied with
all the rules and regulations, aid has been held up a long time. Chairman
Adams made a motion that Mrs. Galvanek be allowed to go from here - contact
David Caldwell , the Building Inspector - and follow his advice. Selectman
Lowe seconded the motion and Selectman Machiros abstained. The Building
Inspector said that he. felt that he would like to touch base with our
Town Counsel at this time and the Board was in agreement with this.
The appointment of a Parking Clerk (Pro Tem) was the next item of
business. Selectman Lowe nominated M. Louise Ziehler for the position.
Selectman Machiros nominated Town Clerk Ralph Lowell , saying that the
Clerk was already acquainted with the duties that went along with being
241
Selectman' s Meeting (Continued) August 25, 1981
Parking Clerk. Chairman Adams said. that Mrs. Ziehler had told him
that she had an interest in the position, and he felt she would be
a good one for the job. Selectmen Machiros said that he would like
to see the Clerk get the job , but if the- other two Selectmen felt
that they wanted Mrs. Ziehler, he would make it a unanimous vote.
The Board gave William Burns, Old Rowley Road, permission to use
the septic system that had been previously installed at that location.
The following persons were drawn for Jury duty:
Kathleen L. Gladu Newburyport
28 Hay Street
Newbury, Mass. 01950
Charles G. McClure Lawrence
14 Greentree Lane
Byfield , Mass. 01922
Robert W. Chick Salem
4 Newman Road
Newbury, Mass. 01950
Edmund C. Shepard Salem
273 High Road
Newbury, Mass. 01950
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Doris odge, Secr
r
SELECTMEN'S MEETING
SEPTEMBER 8, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Mrs. Jan Downing and a group of other residents of Riverview Drive
attended the meeting, requesting that signs be put up to slow the traffic
down on their street. Mrs. Downing requested "Slow Down - Children at
Play" and "Dead End Street" signs. We will be in touch with the High-
way Supt. , to see that the signs are put up. Riverview Drive residents
also discussed with the Board the procedures to be followed in order to
make their road (from number 28 on) an accepted one by the Town. The
residents were advised that whereas Bob Bashaw owns that portion of the
road, he should (or if he doesn' t feel he wants to) they should first
touch base with the Planning Board. They were further advised that a
petition with at least 10 signatures is necessary to submit an Article
for the next Town Meeting.
c�4�?
Selectmen' s Meeting (Continued) September 8, 1981
Mrs. Charles Waterman, Hanover Street, was in attendance and asked
the Board for permission to use the Upper Green on Sunday, September 20th
for the annual play-off between Handtub Protection #1 and Neptune #8 of
Newburyport for the Coveted Rotary Cup. The Board granted their permission
with the stipulation that no alcoholic beverages will be allowed on the
Green. The Chairman added that this stipulation will be enforced. Mr.
Waterman was in complete agreement , and told the Board that the Handtubbers
would only use the Green a half to three quarters of an hour, and there wozk
be no liquor allowed. He personally would see that the Green was left in
good condition.
Mrs. Colgate from Governor Dummer Academy was present. She told the
Board that she was connected with the Community Services at the Academy,
and wondered if the Town could use three or four Juniors or Seniors five
afternoons a week from 3 to 5 doing odd jobs. The Board told Mrs. Colgate
that possibly the Library or the Round School could use some help. She
left her number and we will get back to her.
Mrs. Galvanek, from Plum Island, was present and asked when she could
expect a definite answer from Mr. Caldwell as to what her next move should
be concerning the addition to her home on Southern Boulevard. The Building
Inspector told Mrs. Galvanek that he had been in touch with Town Counsel ,an(
as soon as he receives a written opinion from him, he will get in touch wit)
her, and he expected it would be soon. A recent letter, dated August 28,
from Martin Saradjian, Re: Galvanek property - and concerning the septic
tank, well points and leaching field, will be incorporated into the log
book of minutes.
AA letter from Richard Baker, our Assistant Plumbing Inspector, was
acted on, regarding the Callanan property at Plum Island. Mr. Baker stated
in his letter that upon a recent inspection, Mr. Callanan' s kitchen sink
is not connected to his septic system that was recently installed. The
Board of Health will notify Mr. Callanan of the Plumbing Inspector' s
findings and order him to connect the kitchen sink to the septic system
forthwith, and- will also order him to have the work done by a licensed
plumber.
Mr. Akeley, South Pond Street , was present and asked the Board if
there was any chance of houses being built in the area of Old Meeting House
Pond and if that area was considered wetlands. The Board informed Mr.
Akeley that his business was with the Conservation Commission and suggested
0
a/GGIL/�%L oG. e/CL'/G:IL�GCL/L
r
.9j. 9 i►d�ee�
aLezYia�a�, �/�a�.sdc�use� 0.2773
61 862-0.lr00
August 28, 1981
James A. Lowe
Health Officer
Town Hall
Newbury, MA 01950
RE: Galvanek Property- Lot#ll,Blk 15 , S.J- Southern Boulevard , Newbury
Dear Mr. Lowe:
Please send written confirmation signed by you as health officer to my
law office and to my attorney's office located at (C.Rayford Quinn,Jr. ,Esq)
52 Pleasant Street, Woburn, MA 01801, that Mrs . Josephine Galvanek 's
non-functioning septic tank and leechy will be in full compliance with
Title V. State Environmental Code, s .3.7 concerning her .locating any
non-functioning septic tank fifty(50')feet from the nearest wellpoint
and her leechy field one hundred (100' )feet from the nearest wellpoint.
With 9920 square feet she can fully comply with these state regulations.
Her present open leechy field would indicate that it is too close to
my neighbor, James Tagliaferro's wellpoint and too close to my wellpoint. *
I wish to give legal notice to .all that I do not intend to have my
well water contaminated by such bacteria.
Since ly,
MLS/mf Max S radjia
cc : C. Rayford Quinn,Jr. ,Esq.
Dept. of Environmental Quality Engineering v
Attorney General's Office-Chief Investigator
Consumer Protection (Mario Carbone)
245
Selectmen' s Meeting (Continued) September 8, 1981
that he attend their next meeting.
Mrs. Barbara Peabody was present and asked the Board if they wouldn' t
reconsider and appoint a representative to attend the Scenic Rivers Group
meetings. The Board feels that they are well protected noaby the Board
of Health and no representatives are necessary.
At 8: 30 p.m. a public hearing was held regarding the installation of
a telephone pole on Orchard Street. Therewas no opposition and the matter
was taken under advisement. The Chairman then opened the hearing and by
a unanimous vote of the Board , the location was granted.
.A Board of Health Investigation Report with regard to Miles - Palis ,
was read by the Chairman. The report is on file in the Selectmen' s office.
Board of Health Agent, James A. Lowe , stated that such a report must be
made in answer to a complaint.
Selectman Machiros stated that he had attended a recent meeting with
the Towns of Groveland , Salisbury and Georgetown with regard to cooperative
purchasing (quantity buying) . At this time he asked the Board's approval
if we should stay with this concept of cooperative quantity buying. There
was a unanimous response to stay with this program, that it might materialize
that the Town could save considerable money.
The Board unanimously approved the appointment of Donald S. Kincaid
of Amesbury, as an assistant Plumbing Inspector.
The meeting adjourned at 9:00 p.m.
aec;tffully submitted,
Dorisodge, Secre ry
29
SELECTMEN'S MEETING
SEPTEMBER 22 , 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I. Adams
opened the meeting. Selectmen James A. Lowe and Angie Machiros were
present.
Board of Health Agent James A. Lowe reported that last week, in
answer to an order from DEQE, he witnessed a perc test on Plum Island.
The percolation rate was ten (10) seconds to the inch.
Craig Filmore , Riverview Drive , was present at the meeting and
asked the Board about Riverview Drive being accepted as a Town Road. The
Chairman told Mr. Filmore that the Board can set up a hearing on October
13th, and at that time the ground steps can be laid. The Board of Health
has to pass on the drainage (as to number of catch basins , etc:.) . The
Selectmen can approve the road at that meeting, and the Town Clerk can then
post a warrant. The hearing will be advertized at least seven days prior
to October 13th.
Mickey Villane was present and asked the Board to consider extending
Annapolis Way so he can get to his house over the said Way. He said he
has been using an entrance from Plum Island Boulevard for years and added
he would like an extension of approximately 75 feet on Annapolis Way up
to his house so that he would be able to landscape his property. The
Board asked Richard Cunningham to inspect the road in case it was a matter
for the Conservation Commission. He agreed to do this. Selectman
Machiros said he would like to point out at this time that there is dune
grass that will have to be removed and a considerable amount of fill will
be required -to fill in the road. He wanted to make sure the Board was
fully aware of this. He said "However, I am for getting this project
completed, but my concern is the other people we have denied or are in a
similar situation" . Mr. Villane' s response to that was "I don' t care
about the other. people, I just want to get access to my property" .
Mr. Soper, who operates the Byfield Diner, was represented by a
vendor, inasmuch as he is interested in getting a license to have a
second video game at the Diner. Chief Riel spoke in opposition, and said
that children are spending their lunch money on the one video machine
that is now in operation at the Diner, and he was definitely opposed to
another one being installed.
The Chairman read a letter of resignation from Clyde Smith, our
Plumbing Inspector. Mr. Smith recommended Donald Kincaid , our present
Selectmen' s Meeting (Continued) September 22 , 1981
Assistant Plumbing Inspector, to take over for him. The Board unanimously
approved the appointment of Mr. Kincaid , and a letter of deep regret will
be sent to Clyde who is retiring because of health reasons.
The resignation of Arthur Roach as a member of the Board of Directors
on the Council on Aging, was accepted with deep regret. Rev. William
Carter, Hanover Street, was appointed to fill the vacancy.
Paul Daubitz sent a letter asking if the Town could put a few loads
of gravel on Annapolis flay in order to fill in areas which have eroded from
water, wind and automobiles. The matter will be looked into. Mr. Daubitz
stated in his letter that he does not want the street extended as he likes
the quietness of the dead-end street.
Upon Chief Riel' s recommendation, the Board appointed Cheryl Ricker,
(presently a Dispatcher) , as a Reserve Police Officer.
The meeting adjourned at 8:15 p.m.
spectfully submitted,
�Dorsge , Secret
SELECTMEN'S MEETING
OCTOBER 13, 1981
The Selectmen' s meeting was held at .7: 30 p.m. Chairman .Alan I. .Adams
opened the meeting. Selectmen James A. Lowe and Angie Machiros were
present.
Jon Foley and Stanley Tucker, of Newburyport Cable Systems were
present at the meeting. Mr. Foley stated that the Cable installation will
hopefully be started by the end of the month and should be completed by
the Spring of 1982. The final Cable TV License was signed by all three
Selectmen.
Mrs. Gail Bryant, of 1 Kingsford Street, Newbury, was present. She
signed a dog complaint against her neighbor Jan Smothers, 11 South Pond
Street, Newbury. Mrs. Smother' s dog "Jasper" has torn clothing off the
lines several times. A hearing aill be held November loth at 8:00 p.m.
Mr. Soper, who runs the Byfield Diner was present with reference to
a request for a second video game. A letter of opposition came from the
Chief of Police. The owner of the premises is also opposed. A motion to
deny the request was unanimously passed.
Selectmen' s Meeting (Continued) October 13, 1981
The copying machine in the Town Hall is not working satisfactorily.
A motion was unanimously passed that we look into the purchase of a new
machine. The matter will be on the agenda at the next town meeting.
Librarian Ruth Yesair has requested "Slow" and "Stop" Signs for
intersecting streets at the Library. The Chief and the Highway Department
will work on this project.
Richard Cunningham has resigned from the Conservation Commission.
His resi-gnation was accepted by the Board, and a letter thanking him for
his service to the town will be sent to him.
:At 8:00 p.m. a public hearing was held regarding acceptance of a
portion of Riverview Drive (from number 28 on) . Craig Filmore, Dean
Robertson and Gary Crowe, residents of Riverview Drive were present. The
matter was discussed at length, and there was no opposition. The Chairman
read a communication from the Planning Board in which they stated that
they were signing off. The Chairman made a motion to close the hearing,
and the motion was passed. He then made a motion to take the matter
under advisement and this was passed. The meeting was resumed, and a
motion was unanimously passed "that we accept the lay-out and that we
will sign the "linen" . Selectman Machiros stated to Mr. Filmore - "This
doesn' t mean we are going to hot-top Riverview Drive tomorrow."
The meeting adjourned at 8:20 p.m.
Respectfully submitted,
D ris odg , Seer a
SELECTMEN'S MEETING
OCTOBER 27 , 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman :Alan I.
.dams opened the meeting. Selectman James A. Lowe was present. Selectman
;Angie Machiros was not present.
The meeting was a brief one_ - lasting only ten minutes - as there
was nothing on the agenda for the evening.
Mr. Beryl Leonard from Plum Island was present. He addressed the
Board and stated that he would like it written into the minutes that he
has been. residing at the Island since 1954, and he felt that this past
summer the police protection at the Island was the best ever.
The following persons were drawn for jury duty:
Lawrence Court - Phillip J. Gallant
16 Longbrook Road
Byf ield, Mass. 01969 (RFD Rowley)
253
Selectmen' s Meeting (Continued) October 27 , 1981
Salem Court - Robert G. Locke
9 Birch Lane
Byfield, Mass. 01922
Joan S. Takesian
25 Main Street
Byfield, Mass. 01922
Newburyport Court - Lynwood Fowler
50 High Road
Newbury, Mass. 01950
The meeting adjourned at 7:40 p.m.
Respectfully submitted,
Dori Hodge
SELECTMEN'S MEETING
NOVEMBER 10, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I. Adams
opened the meeting. Selectmen James A. Lowe and Angie Machiros were present
The Selectmen presented commendations to four individuals for the part
they played in helping to prevent a more serious crime on Scotland Road,
July 14 , 1981. An assault with intent to rape was committed. The presenta-
tions were made to the following: Judith Cormier, Federal St. , Newburyport,
Robert D. Campbell , Maple Street, Newbury, James Hounam, Ferry Road, Salis-
bury, and James MacDonald, Adams Street, Newburyport, Mass.
In other business Steven Murphy, Church Street , Newbury (formerly of
Georgetown) was present. He asked the Board for permission to keep seven
or eight sled dogs at his residence as a hobby, not a business.. A motion
was made by Selectman Lowe to take the matter under advisement and this was
passed unanimously.
Austin Knight was present. He discussed a possible encroachment on a
town way involving his property and the property of Donna Gillette, his
neighbor. At the suggestion of the Chairman, Mr. Knight will present copier
of the deeds of both parties at the next meeting.
The Board appointed Dorothy Cunningham and Hayden Ilsley to the
Historic Commission, and they also appointed Benjamin Pearson to the
Conservation Commission, filling the vacancy caused by the resignation of
Richard N. Cunningham.
A notice will be published inthe Newburyport News on November 17 and
24, banning the parking of vehicles on the streets in Newbury between
midnight and six a.m. December 1 , 1981 through .April 1 , 1982.
9 ��
Selectmen' s Meeting (Continued) November 10, 1981
At 8:00 p.m. a dog complaint was heard. The complaint was brought by
Gail Bryant against her neighbor, Jan Searles Clothes on the lines have
been destroyed and rubbish strewn as a result of Ms. Searles dog "Jasper"
going onto the Bryant property. The following were sworn in so that the
problem could be discussed: Dog Officer Richard N. Cunningham, Gail
Bryant, Jan Searle and David Short. The discussion seemed to bring out the
fact that the dog is just a playful pup. The owner said that she is
attempting to train him. The matter was taken under advisement and later
in the meeting., it was unanimously agreed by the Board and the Dog Officer
that the Searle dog shall be restrained for a period of four months when-
ever the owner is not at home. Both parties will be notified of the deci-
sion by mail.
At 8:20 p.m. the Personnel Board and the Board of Selectmen discussed
the Blue Cross-Blue Shield, regarding optional medical extension and the
distinction between elected officials and town workers. The discussion
became somewhat heated , and personnel board member William Paczkowski said
he felt that "maybe we' re in the wrong domain" . Selectman Machiros answer-
ed "We' re here to take the slaps with the credits, and I don' t really
understand what you' re trying to do" . Paczkowski answered that the
Personnel Board feels that they have a responsibility to the Town Workers
and we' re also trying to save the town money.
In other business , new dump stickers will be made up in a fluorescent
color. Because surrounding towns are charging to use their dumping areas,
their people are using the Newbury dump which is supposed to be for Newbury
residents only. We' re hoping the stickers may help the attendant to
distinguish from a distance if the vehicles are from town.
The meeting adjourned at 9:15 p.m. -
Respectfully submitted,
Doris lodge, Seer r
57
SELECTMEN' S MEETING
NOVEMBER 24 , 1981
The Sel-ectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
:Adams opened the meeting. Selectmen James A. Lowe and .Angie Machiros
were present.
Ronald Ward, 18 Forest Street, appeared before the Board with a
complaint against his neighbor Joseph Hutchins, 17 Forest Street. Mr.
Ward said that it would appear that there is an auto repair shop in
operation. The matter will be investigated by the Building Inspector Davic
Caldwell , Chief Riel and Board of Health Agent James A. Lowe.
Mrs. Peggy Planter, 72 Central Street, was present and complained
to the Board that the dog officer refused to let her see a dog which she
thought might be hers. Dog Officer Richard Cunningham said that he felt
that there was some misunderstanding, whereas his wife had handled some
parts of the "lost dog matter" , and she was not aware of the fact that the
dog in his possession was not Mrs. Planter' s dog. He apologized for the
confusion. Mrs. Manter' s dog has returned.
Selectmen appointed Michael P. DeStefano, 130Ya Railroad Avenue,
Salisbury and Stephen M. Ringuette , 16 Robin Road, West Newbury, as Reserve
Officers for the Town, with a six month probationary period.
Board of Health Agent,; James .A. Lowe, stated that he had investigated
and found that the neighbors of Steven Murphy, Church Street, were agree-
able that he be allowed to keep seven or eight sled dogs at his residence
as a hobby. The neighbors contacted were Leon Sowry and Mr. & Mrs.
Charles Blake. Mr. Murphy had a permit while residing in Georgetown,
and the Board unanimously agreed that the permit be transferred to Newbury
Eugene Boudreau, who runs Colonial Pharmacy in Newbury, asked for,
but was denied permission to install a video game machine at his store.
All three Selectmen, as well as Chief Riel , were against the installation,
as so far the games that are in town have been somewhat troublesome and
see to attract 12-14 year olds who use their money for the game machines
instead of buying their lunch at school. The Chairman made a motion to
take the matter under advisement and this was passed unanimously.
Selectman Machiros made a motion to deny the request and this also was
unanimously passed.
At 8:00 p.m. a public hearing was held with reference to the
installation of a telephone pole on Fruit Street (500 feet North of
Central Street) . There was no opposition. Ronald Pearson spoke in
5b
Selectmen' s Meeting (Continued) November 24, 1981
favor of the installation. Chairman Adams made a motion to close the hear-
ing. This was passed. The Chairman then opened the hearing and made a
motion to grant the petition and this was passed unanimously.
The Selectmen signed the final lay-out of plan belonging to Robert
Bashaw on Riverview Drive. It has met all the requirements according to
the Planning Board. and is now ready to become an Article at the Special
Town Meeting.
L. Donald Phillips was present and stated that he has purchased the
Roger Fury Property on Old Point Road , Newbury. He stated that he intends
to fix up the property. He was informed by Board of Health Agent James A.
Lowe that according to Board of Health regulations, no septic system can be
used if it has not been in use for 2 years or more, and Mr. Phillips will
have to install a new system. He agreed to do this. He said further that
he intends to secure the building well until the time comes for him to
start working on the property.
Cheryl Breen from Merrimack Valley Planning Commission spoke briefly
about the hazardous waste program. She will be in touch with us again in
the near future.
Holly Haller presented a. movie on Refuse Fuels and left material with
us to be reviewed.
Building Inspector David Caldwell discussed with the Board a complaint
brought by Roger Kiraly, 13 Withington Street, against his neighbor,
Charles MacLean, who resides at 18 Withington Street. Mr. MacLean is .
keeping a trailer truck in his yard. The Building Inspector stated that
he had investigated , and found no zoning violation of the current Town of
Newbury Zoning By-Laws. He also added that Mr. MacLean is within his right!
and no time limit applies. Selectman Machiros moved "that we leave this in
Mr. Caldwell' s hands" , and ,this was agreeable with the other Selectmen.
The land of Jacob Checkoway on Tewburyport Turnpike was discussed and
a motion was passed to ask Mr. Checkoway to attend the next meeting to
discuss the condition of his property.
The meeting adjourned at 8:45 p.m.
C _ ectfull submitted,
Dori Hodge , e y
2A 61
SELECTMEN' S MEETING
DECEMBER 8, 1981
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I. Adams
opened the meeting. Selectmen James A. Lowe and Angie Machiros were present.
Bruce Hiller was present and asked the Board to renew his permit for the
removal , from time to time, of sand, loam, gravel and other materials on
and about the premises owned by Hiller Realty Trust on Parker Street. The
Building Inspector will conduct an investigation before the renewal is
granted.
Jacob Checkoway was present in answer to a request. The Board discussed
with him the condition of his Hanover Street property and gave him until the
first of the year, or at the most, 30 days, to clean up the area including
taking down a small shack which he said Mr. Robichaud at one time used. Mr.
Checkoway agreed to do this.
Upon the Chief' s recommendation, and after examining his resume, the
Board appointed James Ronan, Jr. , 25 Summit Place , Newburyport , as a part
time Reserve Officer with a six-month probationary period.
Selectman Machiros congratulated the Chief and Officer Webber on the
fine Policemen' s Banquet. Selectman Lowe added that he agreed. They both
said that the food was excellent as well as the entertainment.
Building Inspector Ddavid Caldwell gave a report with reference to a
recent investigation made at the Joseph Hutchins' property, 17 Forest Street.
This investigation was as a result of a complaint brought by Ronald Ward,
18 Forest Street. The complaint involved auto repair work being done in a
residential area. The Building Inspector, accompanied by Board of health
Agent, James A. Lowe , and Police Officer Harrison Whitney, went to the
Hutchins property and found there was auto repair work being done and also
found an illegal stove (as far as the hook-up) in operation. Mr. Caldwell
informed the owner that this was not a permitted use and that he should stop
all operations. Also, that he (the Bldg. Inspector) will be conducting a
follow-up inspection, and. if necessary he will issue a "cease and desist"
order. Board of Health Agent James A. Lowe inspected the premises and also
noted that the wood buring stove in operation was illegal. Upon further
investigation, he found the upstairs to be unfinished, but was furnished
with easy chairs and a. divan. He said there were no toilet facilities;
however, unless he could prove that someone was living there, nothing could
be done as far as the Board of Health is concerned.
263
Selectmen' s Meeting (Continued) December 8, 1981
The following persons were drawn for Jury Duty:
Anthony V. Knapp , 152 High Rd. , Newbury - Grand Jury
Dorothy T. Lipinski, 2 Pearson Dr. , Newbury - Lawrence Court
Joan L. McPhee , 20 So. Pond St. , Newbury - Newburyport Court
Melbourne Babcock, 3 Grove St. , Byfield - Salem Court
.Arthur G. Pepin, 89 Main St. , Byfield - Salem Court
A copy of a. letter from Urs Dur, written to Choate Hall & Stewart ,
60 State Street, Boston, Mass. , was sent to the Selectmen for their
attention. The letter had to do with the road leading from Hay Street to
Kent' s Island being presently owned by the Department of Wildlife. Mr.
Dur discussed in his letter the possibility of the Town taking over the
ownership of the road. No action was taken at this meeting; however, the
letter will be kept on file pending action by the Legislature.
Every year, the month of January is P'Iarch of Dimes Birth Defects
Prevention Month. A proclamation signed by our Chairman will be published
in the local newspaper.
At 8:00 p.m. a hearing was held regarding a transfer of license of
Dick' s Variety Store, Plum Island Turnpike (Richard Kiernan, owner) , to the
new owner, Clifford L. Willey. Mr. Willey was informed by the Board that
the town frowns/on video game machines, and he answered that it was not
his intention to install any game machines. Selectman Lowe moved that the
hearing be adjourned, and the matter be taken under advisement. This was
unanimously passed. The Chairman opened the hearing, and made a. motion to
transfer the license. This was passed unanimously. Selectman Machiros
addressed Mr. Willey, and said', "Dick has been a good store operator, and.
has complied with all th:eesrules and regulations of the town. If you run
as good an operation, we will get along just fine" , to which Mr. Willey
responded, "I plan to" .
Dog Officer Richard Cunningham asked the Board about how broad his
coverage is as far as insurance goes. We will contact Bill Page tomorrow
and have him draft a letter.
The assessors were asked to attend the meeting and details concerning
the tax rate, etc. , were discussed.. Charles Bashaw said that final in-
formation will be given to the Treasurer the first week in January. In
the meantime, the treasurer will be able to accept partial tax payments.
At 8:40 p.m. the Shellfish Officers met with the Board. The ShellfisY
Management Plan was discussed. It was decided that the Clam Flats will be
Selectmen' s Meeting (Continued) ; December 8, 1981
opened December 15th to allow Clammers to get a little extra money for
Christmas. Head Collectors will be Peter Thistlewood and back-ups will be
Donald Gladu and Charles Colby. These men will receive $4.00 per hour. The
Chairman made a motion to make all police officers shellfish officers, and
this was passed unanimously.
The meeting adjourned at 9: 30 p.m.
Respectfully s�uubbmi.tted,
Doris odge , Secre ry
SELECTMEN' S MEETING
DECEMBER 22 , 1981
The Selectmen' s meeting was held at 7: 30 P.M. Chairman Alan I. Adams
opened the meeting. Selectmen James A. Lowe and Angie Machiros were present,
Bruce Hiller was granted a renewal of. his permit for the removal of
sand , loam, gravel and other materials on and about the premises owned by
Hiller Realty Trust on. Parker Street.
At 7:45 the regular Selectmen' s meeting recessed. The Special Town
meeting was held at 8:00 p.m. , and at this meeting, the Town' s people
voted to appropriate from available funds the sum of $2 ,823.36 for the pur-
chase of a new copier for the Town Hall.
It was voted to adopt a new schedule of fees in accordance with en-
abling legislation enacted as part of the FY82 budget of the Commonwealth
and the recommendations of the City and Town Clerks association Committees.
It was voted to accept the unaccepted section of Riverview Drive as
SHOWN ON PLANS ON FILE WITH THE TOWN CLERK AND THE PLANNING BOARD, and the
street layout by the Selectmen as a public way of the Town.
Article #5 was accepted as read for discussion. A motion was unanimous-
ly passed to accept Chapter 605, Acts of 1981 (An act authorizing the Board
of Selectmen in certain towns to adopt certain parking regulations.) This
is incorporated into the minutes of this meeting. _.Another motion referring
to parking regulations was unanimously passed to designate M. Louise Ziehler
as its Collecter.
At 8:15 the regular Selectmen' s meeting resumed.
There was discussion regarding Private Ways. Selectman Lowe stated
that the Town operates under Chapter 40, Section 6C of the General Laws.
At 8: 30 a public hearing was held with reference to the installation
of a telephone pole on Main Street, Byf field. There was no opposition.
Chap. 6ixl. (.. AN ACT AUTHORIZING T14E BOARD OF SELECT-
MEN IN CERTAIN TOWNS .TO ADOPT CERTAIN.
,. PARKING REGULAT10N5.
Bo .it enacted. aft.A- as follows: .
SECTION 1. Notwithstanding th• provisions of any general or
special law to the contrary, the board of selectman of a town
. which has not accepted the provisions of sections twenty A and
twenty AJ of chapter ninety of the General Laws - may, by a
majority vote, accept the provisions of said sections and may
designate an official of the town as the parking clerk.
SECTION 2. Any parking notice that has been issued by a
city or town prior to the acceptance- by said city or town of
section twenty A or section twenty A# of chapter ninety and for
which a criminal complaint has not been issued prior to said
acceptance, shall be processed by said city or town, after the
twenty-first day following the issuance of said notice, as if said
notice had been issued in accordance with the provisions of law
accepted by said city or town; provided, however, that the
schedule of fines applicable to a .parking notice issued prior to
said acceptance shall be that schedule of fines applicable to said
ticket on the date of its issuance. Any parking notice that has
been issued by a city or town prior to said acceptance by said
city or town and for which a criminal complaint.has been issued
shall be processed by th* appropriate division of the district
court department of the trial court, or the Boston municipal
court department of the trial court as tho case may be, in ac-
cordance, with the provisions of law in effect prior to said accept-
ance, and said district court department and Boston municipal
court department shall have continuing jurisdiction to process
said cases. Any fine imposed by .the city or town or by the
court pursuant to this section shall be paid over to the.treasury
of the city or town wherein the violation occurred.
Upon acceptance by a city or town of said section twenty A
or said section twenty A} of said chapter ninety, the clerk
magistrate. of the appropriate division of the district court de-
partment or the Boston municipal court department of the trial
court shall, in coordination with the parking clerk of a . city or
town, transfer and assign to said city or town all papers and.
records of- whatever description- pertaining to such parking
notices as war* issued prior to said. acceptance and for.which a
criminal complaint has not issued. Said papers and records shall
thereafter be within the jurisdiction, custody and control of the
city or town wherein ther violation occurred.
SECTION 3. The provisions of section one, shall become in-
operative on June first, nineteen hundred and eighty-two- and
any acceptant* previously voted in accordance with the pro-
visions of said section one shall be revoked as of that date.
SECTION 4. Section two of this act shall take effect as of .
July twenty-first, nineteen hundred and eighty-one. and sections
one and three shall take effect upon their passage.
Approved December 7, 1981.
Selectmen' s Meeting (Continued) December 22, 1981
Town Clerk Ralph Lowell spoke in favor of the installation. Chairman Adams
made a motion to close the hearing and this was passed. The Chairman then
opened the hearing and a motion was passed unanimously to grant the petition.
Dog Officer Richard Cunningham spoke to the Board regarding his insurance
ooverage. After a brief discussion, Selectman Machiros asked Mr. Cunningham
"What can we do for you?" , and Mr. Cunningham replied, "I'm not sure if you
can do anything for me" . The matter of his coverage will be again discussed
at a future meeting.
The meeting adjourned at 8:45 p.m.
Respectfully submitted,
Doris odg , Secretary
SELECTMEN'S MEETING
JANUARY 12 , 1982
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I. Adams
opened the meeting. Selectmen James A. Lowe and .Angie Machiros were present.
Vaughn Monroe, Smith Street, Plum Island, was present and complained
that his dog was shot by his neighbor, Elsworth Landry, Old Point Road.
Mr. Landry said that the action on his part was prompted by the dog getting
into his rabbit hutch. The matter was discussed and at the conclusion, Mr.
Monroe offered to give Mr. Landry some fencing which he thought might give
more protection against any further trouble.
John O' Connell has resigned from the Planning Board. Selectman
Machiros publicly thanked him for serving the town well.
The following persons were drawn for jury duty:
Joseph E. Stone , 55 Hanover Street , Newbury - Newburyport Court
Wallace 0. Pearson, 7 Lunt Street, Byfield - Lawrence Court
Robert A. Brown, 153 Middle Road, Newbury - Salem Court
Cynthia Adams, 8 Withington Street, Newbury - Salem Court
Ray Costello has been elected as Captain of Protection Fire Company-
No. 2. He spoke of over-protected lines coming into town, causing problems
with sump pumps, fire alarms get tripped, and houses lose their power. Mr.
Costello suggested that perhaps the Mass. Electric and the D.P.W. should be
alerted to this problem as he said that it is a fire hazard.
Chairman Adams stated that a Department Head Meeting will be held on
January 26th at 8: 30 to discuss the budgets.
969 Y1
Selectmen' s Meeting (Continued) January 12, 1982
Ed Sternfelt was authorized by the Selectmen to be primarily
responsible for the administration and organization of the Newbury
Civil Defense. An evacuation plan must be worked on as we are within
a 10 mile radius of the Nuclear Plant.
Selectman Machiros stated that the available money for the completion
ofwOld Point Road project has been extended to December 31 , 1982.
A motion was made by Selectman Machiros, and unanimously passed, that
the town, through its Parking Clerk, operate under Section 20AI6, Chapter 90,
of the General Laws, as amended, and a sum not to exceed $600.00 be utilized
from the Selectmen' s Expense' to cover initial expenses of the Parking Clerk.
Legal fees of approximately $2600.00 have been incurred with reference
to the E1 Hefni controversy at Plum Island. The matter was discussed, and
it was the decision of the Board to write to Edith Johnson, Chairman of
the Conservation Commission and ask her to contact the .Attorney General
to see if financial aid is available.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Dori H d e S" e�
o g ecru
SELECTMEN' S MEETING
JANUARY 26, 1982
The Selectmen' s meeting was held at 7: 30. Chairman Alan I. Adams
opened the meeting. Selectmen James A. Lowe and Angie Machiros were
present.
By a unanimous decision of the Board, parking fines were officially
set at $10.00.
The following were drawn for Jury Duty:
Beatrice A. Tetreault
59 Green St. , Newbury Newburyport
Arlene C. Lacey
69 Central St. , Byfield Lawrence
Donald H. Bade
96 Central St. , Byfield Salem
Richard W. Lynch
19 Downfall Road, Byfield Salem
The Board appointed Raymond Costello to serve on the Board of
Fire Engineers to fill the vacancy caused by the resignation of David
Foley. This term expires June 30th 1982.
27
Selectmen' s Meeting (Continued) January 26, 1982
A vacancy has occurred on the Planning Board and the names of
Francis Fournier and Alfred Thurlow have been suggested.
At 8:00 p.m. a dog hearing was held involving two dogs owned by
David Atwell of Byf ield. The following were sworn in and voiced concern
over the dog situation, not only in Byf ield but the whole of Newbury:
Scott Laffey, Olana Laff ey, Margaret Manter, Leslie Diodati, Jane Eames,
Kathleen Kriegel , Carol White, Gillian Ingram, David Atwell and Dog Officer,
Richard Cunningham, who brought the complaint. David Atwell stated that
he had had his Labrador Retriever put to sleep and had his Great Dane
castrated. He said he felt that the Dane would now calm down and would
cause no trouble in the future. After hearing the various people that
were sworn in state that they are very concerned mostly about the safety
of their children, the Dog Officer was asked by the Chairman to make his
recommendation. Mr. Cunningham stated that based on his knowledge of the
Great Dane - and Mr. and Mrs. Atwell' s attitude - (Mr. Atwell was told by
Mr. Cunningham to keep his dogs restrained, after they went to the Manter
property and did damage to the Manter' s dog, causing death. The Atwells
did not keep the dogs restrained) - he felt that the Dane should either be
destroyed or permanently removed from the Town. Selectman Lowe made a
motion to that effect and the motion was not seconded. Selectman Machiros,
stating that his concern was for the safety of the people, made a motion that
the dog be destroyed ; Chairman-Adams seconded the motion and Selectman Lowe
made it unanimou.sl _A 'written order signed by the Board was given to Mr. Atwell
before he left the Hall. The hearing was closed at 8: 35.
At 8:40 the meeting resumed and the Department Heads discussed the
condition of their budgets.
It was the opinion of the Finance Committee Chairman to transfer funds
only as they are needed, not ahead of time.
The snow removal account will probably need a transfer and the matter
of the Gypsy Moth problem may run into money. Both are in the "wait and see"
stage. Most of the other budgets are in good condition. Dog Officer
Richard Cunningham has asked for $100.00 a month this coming fiscal year.
The meeting adjourned at 9:15 p.m.
'�or
es ectfully, ubmitted,
i od eD �ecz
Note: A petition with reference to the dog complaint was filed with the
Board. Testimony of persons sworn in is on file in the &6lectmen' s office.
2,73
SELECTMEN' S MEETING
FEBRUARY 9, 1982
The Selectmen' s meeting was held at 7: 30 P.M. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros were
present.
Mrs. Terry Little was present in behalf of the First Parish Church
Christian Education Committee and said she was interested in finding out
about the rules and regulations concerning the use of the upper Green, as
her group would like to hold a fair on the Green sometime this summer.
The Chairman adyised her�-that he saw no problem. She should give us at
least 3 weeks' notice as to when she wanted to use the CI-een.
Mr. and Mrs. Olson, a West Newbury couple , attended the meeting with a
complaint concerning the dog officer. Their dog was shot and killed after
it had killed some rabbits belonging to a family by the name of Crocker.
Mrs. Olson stated that she did not seek any restitution or reprimand, but
that she just disapproved primarily in the way that Mr. Cunningham handled
the dog in her presence and in front of her children. The dog officer
stated that he never intended to be mean or cruel to her, and that he had
told her that the children should stay in the car while Mr. and Mrs. Olson
and he viewed the dog for its verification. Mr. Cunningham also stated
that Mrs. Olson was very boistrous and very profusive to him. Chairman
Adams assured the Olsons that their complaint will be put on record.
A one-day liquor license was granted to Governor Dummer Allies for a
dinner theater on Saturday, February 20th.
An invitation to attend a civil defense meeting at Newburyport City
Hall on Thursday evening, Feb. llth, was received and acknowledged by the
Chairman. The invitation was extended to towns that are within a ten-mile
area of the Nuclear Power Plant., The Chairman said that he plans to attend
along with Selectman Machiros, the Chief of Police, Civil Defense Director
Bertram Savage, and Assistant Director. Ed Sternfelt. Chairman Adams
stated that this is a very important meeting mandated by Law.
The Historical Society of Old Newbury was given permission to use
the Upper Green, September 18th for a. Country Auction.
The meeting adjourned at 8:25 p.m..
Res ectfully�submitted,,
6- 0_,e
AngJMachiros, Clerk
�,��;
SELECTMEN'S MEETING
FEBRUARY 23, 1982
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Mr. Publicover was present. He asked for and was denied a special
permit to construct a residence where he operates a business at 292
High Road , because it is zoned for industry only, according to the town
By-Laws. He asked what he could do if anything. Selectman Lowe made a
motion that Mr. Publicover should go through the proper legal channels
and the motion was passed unanimously. Chairman .Adams stated that the
Planning Board would be meeting Thursday Evening the 25th and suggested
to Mr. Publicover that he attend and he said he would.
Mr. Lester Hill , 2 Oak Street, was present and asked if the Board
would see that the town plows the turn around beyond his house. Dick
• Ross was also present and upon Mr. Hill' s request he presented a deed
showing that the town owns the turn around and it should be plowed.
The Board instructed George Pollard , Highway Supt. , to see that the same
is _taken care of. The Assessors' maps will be changed to show that the
town does own the turn around.
Upon Chief Riel' s recommendation and by a unanimous Vote of the Board
the following three persons were appointed part time reserve officers
until July lst: Kevin Barry, Rowley, Douglas Rogers, Amesbury and
Edward Spicer, 5 Willow Avenue, Newburyport.
Highway Supt. Pollard asked that the sum of $3,000.00 be transferred
for snow removal. This was agreeable with the Board. -
The Selectmen will attend court on March 4th with reference to
David Atwell' s appeal to the Selectmen' s order concerning Atwell' s
Great Dane Dog.
Ruth Yesair, Librarian, reported that she received a leg injury while
working at the Library. She asked if she was covered by insurance. Chair-
man Adams stated that he will check with Page Insurance on this.
James B:. Stone, 223 Middle Road , Newbury, complained to the Building
Inspector about possible zoning by-law violations occurring on the property
of Philip W. Ross, 2 Orchard Street in Byfield. Apparently Mr. Ross is
repairing chain saws and selling cordwood from his address. In answering
Mr. Stone' s complaint, the building inspector' s response in writing was
that the location is zoned "Agricultural-Residential" ; also, that there
is no violation of 6.1 since a home occupation use has already been
established. under 4.1.3 and does not require a permit. Also - the harvest
ing and sale of agricultural products is a permitted useiin an "Agricul-
tural Residential Zone; hence no violation. The Board of Selectmen,
after reviewing the matter made the decision that this is a permitted
use and Mr. Ross is not in violation.
The meeting adjourned at 9:00 p.m.
Respectfull submitted,
D or i Hod�,. e e
277
SELECTMEN' S MEETING
MARCH 9, 1982
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Mrs. Callahan, representing Triton Sports Club , asked for and
received permission from the Board and the Police Chief to hold a road
race on April 4, Sunday afternoon, at 1:00 o' clock. The race will
start at the Triton School and go past Governor Dummer and back up
Orchard Street.
Verne Noyes, III , was present and the Shellfish Regulations were
reviewed and unanimously accepted by the Board. The regulations are on
file in the Selectmen' s office.
Mr. Publicover, 292 High Road, was present, and presented a peti-
tion to the Board, containing 18 names of persons who are in favor of his
seeking a by-law change so that he can build a house on his Marina propert',
as referred to in the previous minutes, dated February 23. The Board was
in complete agreement with Mr. Publicover' s proposal for living quarters,
as long as it is specifically a single family dwelling used only by the
owner or by security personnel. The Chairman stated "what we have to
do now is pass this along to the Planning Board" . The Planning Board
will then hold a public hearing and if the petition is approved it could
then go on to the Town Meeting.
In other business, the Board unanimously agreed to make a mileage
reimbursement of $ .20 per mile for use of private vehicles for Town
Business.
Tree Warden Bob Colby was present and the matter of the Gypsy Moth
problem was discussed. Selectman Machiros offered to work with Bob in
looking into possible solutions, whether it be aerial spraying or ground
spraying, that would be helpful in lessening the growth of the Gypsy
Moth.
The following Jurors were drawn:
Janet Farren, Little' s Lane Newburyport Court
Mary Ross, 2 Orchard Street Salem Court
Nancy C. Moore , Pine Is. Road Salem Court
Wallace A. Rogers, 17 Spring Hill Rd. Lawrence Court
Chairman Adams asked the 'Building Inspector if there was a new
business on Hanover Street, and if he had talked with anyone about it.
Mr. Caldwell said that he had talked with Ted Cole, the tenant, and also
Douglas Palumbo, son of the owner of the building. Douglas Palumbo said
Selectmen' s Meeting (Continued) March 9, 1982 2 7 9
that the premises have been let out with a full lease on a 24 hour basis for
a short period of time. Mr. Caldwell said that Town Counsel is not avail-
able right now, and he asked if the Board would wait until he could talk
to him so that he could make a final determination. The Building Inspector
said that Mr. Cole said that he would be most cooperative , and added that
he would be glad to meet with the Board and Mr. Caldwell at any time if
this is what is desired. Selectman Machiros made a motion that the Board
go along with the Building Inspector' s suggestion to wait until he can
contact legal counsel. This motion was unanimously passed.
The meeting adjourned at 8: 50 P.M.
Respectfully submitted,
Doris Hodge, Secre ry
SELECTMEN' S MEETING
MARCH 23, 1982
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Chairman Adams announced that the Central Street rebuilding
project has been approved and will be going out for bids in the Spring.
The Scotland Road plans are 75/ complete and a public hearing
will be held in the near future.
Realtor L. Donald Phillips was present along with potential buyers ,
Ronald and Barbara Guertin, who are interested in purchasing and im-
proving the run-down Camp Jude property at Plum Island. The property
has not been lived in for several years. The Selectmen made it clear
to all parties concerned that whereas the septic system has not been
used for over two years, it must be rebuilt according to the Board
of Health regulations. The Guertins were in complete agreement. The
Board made it clear to Mr. Phillips that he would be expected to see
that the Building is fixed up within a reasonable time. Mr. Phillips
was confident that the Guertins would do a very good job in that Mr.
Guertin' s brother is a contractor who has fixed up other run-down
property on the Island.
Stephen Worthley of loth Street, Plum Island was present and
complained to the Board that a. pair of dogs had attacked and bitten
his son on several occasions. He said he had spoken to the owners
28i
Selectmen' s Meeting (Continued) March 23, 1982
of the dogs who said they would attempt to restrain them but the dogs
are still running around loose. He requested a hearing and his re-
quest was granted. A hearing will be held on .April 13 at 8:00 p.m.
Richard N. Barker and Dean J . Sheehan were appointed by the Board
as special Police Officers.
At 8:00 p.m. a dog hearing was held regarding the dog of David
Clark, Orchard Street, Byf field. Steven and Melinda Calkins, Pearson
Drive, were the complaintants. The following persons were sworn in:
David Clark, Steven Calkins, Melinda Calkins, Bob Richute , Kathleen
Kreigel and Dog Officer Richard Cunningham. Steven Calkins stated
that this past Sunday was the second time Clark' s Dog "Red" had attacked
other dogs on Calkins' property. He said that Red is the size of a
Great Dane, and that he attacked a year old Golden Retriever on Pearson
Drive , that was playing with some very young children. The children
tried to break up the fight, but couldn' t. Calkins said he managed to
forcibly break it up. He added that his small 8 pound dog had been
attacked several times. He added that "Red" had broken into his base-
ment where their trash cans are kept to prevent the dogs from getting
into them. He got into the trash cans and scattered it all over the
basement and then urinated on all four walls.
Mrs.Calkins stated that the dog is basically friendly but doesn' t
realize his strength, and his "playing" terrorizes the dogs and the =:
children in their neighborhood.
Mr. Clark stated that this all came as a surprise to hir, He said
"I almost don' t believe iti ." He added that this is the first time that the
people on Pearson Drive have spoken to him about the problem.
Mrs. Calkins stated that Clark does not have a phone and therefor
it is difficult to speak with him as Orchard Street is a mile away from
Pearson Drive.
Mr. Clark stated that he has put two runs on his property and the
dog will not be able to go off the property. He said he will continue
to use the runs until the dog settles down.
Kathleen Kriegle stated that the dog is on Pearson Drive almost
every day.
The Dog Officer stated that the dog has been a perpetual problem
to him and even to his son. The dog found his way to where his son
Him lives and found the ducks. This was a problem in itself. Mr.
9_83
Selectmen' s meeting (continued) March 23, 1982
Cunningham stated that he has taken "Red" home 8 or 10 times a day
(and night) . He added that Mr. Clark never seems to get the point. He
added that there is no sense pointing a finger at the Calkins as all the
neighbors are of the same opinion. He said that he went to Clark' s house
on a Sunday (recently) - "There was no one at home at Clark' s, so I
called him at work on Monday morning and' lef t word for him to call me.
He never called back until Tuesday morning. I feel that the dog is not
a vicious dog, especially toward humans, but I would recommend that the
dog be restrained. I don' t like these calls at 1NOO o' clock at night."
The Chairman said to Clark: "From the information that Dick has
given us, I .rather think you are not at home much. I would like to see
you work it out among yourselves" . T
The Dog Officer said ".At this time I make a recommendation that Mr.
Clark keeps the dog restrained for a. period of three months."
Selectman Machiros made a motion that an order be issued to Mr.
Clark that he restrain his dog for a period of three months and the matter
will be reviewed at the end of that period - June 22nd.
Selectman Lowe seconded the motion.
Chairman Adams stated: "I wish not to vote that way because this
dog can be shot if it goes off the property" .
The Dog Officer said to Mr. Clark: "You have ten days to appeal.
The law reads that the dog shall be shot on sight if it is not restrained,
after the order is made." .
.A motion was made to close the hearing and this motionwa.spassed
unanimously.
The meeting adjourned at 8: 35 p.m.
_Respectfully ubmitted,
oris Hodge , Seer a
C..� �.
SELECTMEN'S MEETING
APRIL 13, 1982
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Alan I.
.Adams opened the meeting. Selectmen James A. Lowe and Angie Machiros
were present.
Denise Poulin, High Road , Newbury, was present and offered her
services in helping with the "Clean-up Committee" for the town this
summer.
At 8:00 p.m. a dog hearing was held regarding the dogs of Don
Rogacki, 14 Tenth Street, Plum Island, and Marc Demmons, 16 Northern
Blvd. , (now of 76th Street, Plum Island) . The complaint was brought
by Stephen Worthley, Tenth Street , Plum Island. The following persons
were sworn in: Don Rogacki, Mark Demmons, Stephen and Mary Worthley
and Dog Officer Richard Cunningham.
Mr. Worthley stated that his son had been bitten several times by
the dogs in question, and added that other children in the neighbor-
hood have also been bitten by the same dogs. He presented a letter
of concern written by the mother of a young girl who delivers the
newspapers in the area where the dogs are - she has also been bothered
by them.
Mark Demmons stated, "There' s only been two instances of dog bites
that I've heard of - one time was when Worthley' s son walked into my
house - uninvited. The kids were teasing the dog and he nipped , but
didn' t bite. My dog is the female. I have plans to keep her chained
up from now on" .
Don Rogacki stated "The Worthley boy teases my dog with sticks.
He' s chained up at the time, and the boy sticks things throughtthe
fence and teases him all the time" .
Dog Officer Richard Cunningham stated, "I have found that on many
occasions there have been complaints concerning thos two dogs. The
owners have been warned. The Demmons dog has been picked up twice.
I went to Mark Demmons' house three times and no one was at home. The
fourth time I did succeed in finding someone there and I left the
summons. The Rogacki summons was hand delivered also. I don' t think
the Demmons dog is a vicious dog, certainly not with me. He likes to
ride in my truck. As far as the male dog goes , - yes , I would said he
could be dangerous° with children. I have seen the children in the
neighborhood teasing the dog, and one day recently I saw the Worthley
boy teasing the dog through the fence with a stick. I feel that this
287.
Selectmen' s Meeting (Continued) April 13, 1982
may beethe problem, and when the dogs do get loose, they take it out
on the kids" . He continued, "I make a recommendation - that both dogs
be restrained - period" .
Mr. Worthley then stated , "My boy carries a stick for protection" .
Selectman Machiros asked the dog officer - "Dick, when did you
see the kids teasing the dog?" The dog officer answered - ".About
4:00 o' clock in the afternoon, probably coming from the school bus.
There was the Worthley boy and other children teasing the dog through
the fence with sticks. The male dog in my opinion could be bad."
Selectman Lowe said that he would rely on what the dog officer
recommended - "That the dogs be fully restrained" .
Chairman Adams made a motion to close the hearing and take the
matter under advisement.
The hearing was then opened and Selectman Machiros said, "From
Dick' s testimony, I would like to see a full restraint on both dogs,
and I make a. motion that the Board makes an order to that effect" .
The motion was passed unanimously. The Dog Officer advised the
parties that they had a right to appeal the order within ten days.
Tree Warden Robert Colby was present, along with Mr. and Mrs.
Robert Walsh, who own land on Hay Street. A tree was taken down by
Colby and they apparently wanted the wood from it. Selectman Lowe
said that perhaps Mr. Colby would see that the Walsh' s received an
equivalent amount of wood when he takes down another tree. Colby
was agreeable and all parties were satisfied.
Mrs. Jean Wilson received the same treatment , as she has land
on Middle Road and didn' t receive the wood from about twenty trees
removed by Mr. Colby which were on her land. She burns wood and
appreciated the fact that Colby was going to deliver some wood to
replace the wood that was taken.
The meeting adjourned at 9:00 p.m.
respectfully submitted,
Doris Hodge, Secre�ry`
J89
SELECTMEN'S MEETING
APRIL 27, 1982
The Selectmen' s meeting was held at 7: 30 p.m. at which time the
Board reorganized. Chairman Alan I. Adams nominated Selectman Angie
Machiros as Chairman and Selectman James A. Lowe seconded the nomina-
tion. Chairman Machiros nominated Alan I. Adams as Clerk and James .A.
Lowe seconded the nomination.
After a brief discussion about subdivisions , such as Pearson Drive
it was the decision of the Board to notify the Planning Board that any
future subdivisions should include the installation of street lights.
Dawn Foster, 172 Elm Street, requested a "Hidden Drive" sign. This
was agreeable with the Board.
A rabies clinic will be held in the near future. Dog Officer
Richard Cunningham will contact Dr. Lyons and get back to the Board.
Two complaints were received about the Toomey dog at 100 High
Road. A hearing will be scheduled at 8:00 p.m. on May llth. The
complaints were brought by Howard Fernald , Jr. , 11 Maple Terrace, New-
bury, and Christopher Graham, 316 High Street, Newburyport.
A letter of resignation was received from Marty Fay, who is a
member of the Board of Fire Engineers. A letter of deep regret will
be sent, thanking him for serving the town so well. Fire Chief Wallace
Pearson will be asked to furnish the Board with a name for a replacement
for Marty.
A motion asking the Building Inspector to look into a large sign
on High Road, "Sunburst Homes" , was passed unanimously. The Building
inspector will report back on this at the next meeting.
Cha rman Mac:hirothstateddthatTatnacte,cent Court appearance regard-
ing the David Atwell Dog complaint, it was the decision of the Court that
the dog be fully restrained for six months. The owner can only take
the dog off the leash to get him directly into the car. If not fully
restrained, the dog shall be shot on. sight by a police officer or the
dog officer. The Chairman added, "The Court is now assuming responsibility
and there will be a new order from the Court which should be forthcoming
in a few days. At the end of six months this matter will be reviewed" .
The Chairman commended the other two Selectmen and the Dog Officer for
their cooperation.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Doris H dge , Secre ary
L_
SELECTMEN' S MEETING
MAY 11 , 1982
The Selectmen' s meeting was held at 7: 30 p.m. Selectman Alan I.
Adams opened the meeting in the absence of Chairman Angie Machiros, who is
a patient at the Anna Jaques Hospital . Selectman James A. Lowe was
present.
Thomas G. Palumbo was present. He presented a zoning amendment
that would allow an owner or security personnel to live on commercially
zoned property. The amendment will be reviewed by Chairman Machiros
before any decisions are made.
Chucky Bear will=-be-.picking up-..th6 rubbi'sh7 on--Plum.-l-sland-again
this year. Pick up will begin May 29 and will continue through October
30th on Wednesdays and Saturdays. He will be receiving $200.00 per day.
Lanny Colton was present with reference to a complaint that a
realtor' s sign is erected on the State Highway in front of his property.
.:After a discussion, Mr. Colton stated that if it would be agreeable
with the Board , he. will put the sign on top of his wall that is on
his property. . This was agreeable.
The Board appointed Virginia Frappier as a part time dispatcher
(6 mo. probationary) and Stephen Ringuette as a. part time police
officer and this appointment will expire July 31 , 1983.
The following persons were drawn for Jury Duty:
John T. Morris, 137 Orchard St. , Byfield - Lawrence Court
Jeanne Marie Tarrant, 49 Hanover St. , Newbury - Salem Court
Kathryn Costello, 7 Hanover Drive , Newbury - Salem Court
John G. Cannell , 6 Greentree Lane , Byfield - Newburyport Court
At 8:00 p.m. a dog hearing was held regarding a Doberman belonging
to James Toomey, 100 High Road, Newbury. The following persons were
sworn in: Howard Fernald , Jr. and Christopher Graham (Complaintants) ,
James Toomey and the Dog Officer Richard Cunningham. Both Fernald and
Graham stated that they have been chased by the dog. Mr. Toomey stated
that the dog is (and will be) restrained out back of his house and there
will be no further trouble. The Dog Officer, Richard Cunningham, stated
that he had received several complaints about the dog, and he recommended
that the dog be permanently restrained. The hearing was closed , and
the matter was taken under advisement. By a unanimous decision, the
Selectmen then ordered that the dog be restrained permanently. All
parties will be notified of the decision.
293,
Selectmen' s Meeting (Continued) May 11 , 1982
Tree Warden Robert Colby attended the meeting and the Gypsy Moth
problem was discussed. Colby exhibited a bottle of liquid spray and
a pump type bottle which can be purchased over the counter for about
$15.00. He was of the opinion that the spray would be effective in
killing the caterpillars.
Dog Officer Richard Cunningham announced that,(.there will be a rabies
clinic at the Town Hall on Wednesday, May 19th at 4-6 p.m. Dr. Lyons
will be in charge. There will be a $2.00 fee. All dogs must be licensed
and the Town Clerk will be on hand to handle this.
Town Clerk Ralph Lowell made the announcement that the satellite
crew from Whittier Tech have been in the process of rebuilding the Town
Wharf, ramp , pier and float under the direction of Don Kalloway. A
note of appreciation will be sent upon completion of the project.
At 8: 30 p.m. a. telephone pole hearing was held. The New England
Tel & Tel requested permission to lay 35 feet of underground conduit
on Parker Street along with 27 feet of cable. Ralph Lowell was spokesman
for the Telephone Company. He stated that all the abutters have been
F
notified and there was no opposition. The hearing was closed and the
matter was taken under advisement. The hearing was then opened and
Selectman Lowe made a motion that permission be granted. Selectman
Adams seconded the motion.
The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Doris Hodge, Secretary
SELECTMEN'S MEETING
MAY 25, 1982
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie
Machiros opened the meeting. Selectmen Alan I. Adams and James A.
Lowe were present.
Cheryl Breen from Merrimac Valley Planning attended the meeting
and presented an updated report on the hazardous waste project. She
left material to be reviewed.
Selectman Lowe stated that Bob Field has volunteered his services
in insulating the Byfield Town Hall , with the understanding that the
. Town would pay for all the materials used. Eastern Lumber was the
most reasonable with a figure of $709.00. Chairman Machiros made a
motion to go ahead with the insulation and this was passed unanimously.
2a5
Selectmen' s Meeting (Continued) May 25, 1982
The following jurors were chosen:
Douglas K. Hyde, 23 School Street , Byfield - Newburyport Court
Susan Woodbury, 15 Coleman Road , Byf field - Salem Court
Alan C. Scharf e, 8 Hanover Street, Newbury - Salem Court
Walter Mills attended the meeting and asked that bids be ad-
vertised for a new 112 ton pick up truck - with a 1977 Ford pick up
trade in. The bid will specify "for July lst pick up" . Also a bid
for a 9 foot hydraulic sander to be installed on the present Highway
Truck. The bids will be advertised in the Newburyport News and will
be opened at 8:00 p.m. June 22nd.
Selectman Lowe stated that one of the Town' s eyesores has been
taken down. Warren Manter has wrecked the old barn on his property
and the land has been cleared.
Chief Riel asked for and by a unanimous vote the Selectmen granted
his request that the Special Detail rate be increased to $12.00 per hour,
with time and a half for details performed after 6:00 p.m. on Friday
to 6:00 a.m. on Monday. The time and a half rate shall not apply to
any School Functions or to details worked for the Town of Newbury.
This increase will put Newbury in line with the surrounding communities.
Gregory Bashaw, 118 Central Street, Byf field , was appointed Life-
guard for the summer.
Chairman Machiros asked Chief Riel to make an attempt to work
work with the City Marshall so that the traffic situation on Plum
Island Turnpike will not get out of hand over the Memorial Day week-end.
The Chairman made the announcement that on May 18th he attended
the Preconstruction Hearing at District #5 DPW Office regarding the
Central Street Project. He said that work will start on June lst
with a completion date of approximately 13 weeks.
At 8: 30 the Department Heads discussed the condition of their
budgets. After the discussion the Board is expecting that there will
be a few surplus dollars left over. The Gypsy Moth problem was discussed
and this subject was carried over to the next meeting. The Treasurer
said that she will require $500.00 for postage and $850.00 for her
assistant' s salary (for five weeks) . Verne Noyes received permission
to purchase 8 pumps and two dozen brooms and this will come out of
the Forest Fire Account. Wally Mills stated that the Highway Department
is shy $1 ,624.24. Fire Chief Wallace Pearson expects that there will
be a surplus of $5,000.00 minimum in the Fire Protection Account but
Selectmen' s Meeting (Continued) May 25, 1982
he could not give us a definite figure.
The meeting adjourned at 9: 50 p.m.
Respectfully submitted,
Doris Hodge, Secretary
SELECTMEN' S MEETING
June 8, 1982
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie
Machiros opened the meeting. Selectmen Man I. Adams and James A.
Lowe were present.
Mrs. Julie Ann Toomey, 100 High Road was present at the meeting
with a complaint against the Dog Officer. She said that Mr. Cunningham
came to her house and' said that her dog had bitten someone. She also
said that a heated discussion followed. The Chairman asked the Dog
Officer if he cared to give his side of the story. The Dog Officer
said that while he was in the house, the Doberman grabbed him auaround
the army- "I feel that the dog is vicious. I've had two other complaints
that the dog has been loose since the "Full Restraint Order" was
issued, however, the Toomeys have denied that the dog has ever been
loose since the order was given" . At this point Chairman Machiros
reminded Mrs. Toomey that the Doberman is under a full restraint order,
and can be shot if the dog gets loose. She said she would try using a
heavy duty clasp in order to correct the problem. The Chairman stated
that the matter would be taken under advisement.
The Gypsy Moth problem was discussed with Bob Colby. Chairman
Machiros stated that Greg Harris has fixed the sprayer so that it is
now in good working order. Mr. Colby stated that he will start spray-
ing tomorrow, and will be spraying trees on town property.only.
The matter of a Jamboree at the Beachcomber on Northern Blvd. ,
Plum Island, was discouraged by the Selectmen, inasmuch as (1) no
permits were ever obtained , and (2) the town is not able to -handle the
amount of congestion that would result on the Island' s main thorough-
fare; especially on a weekend when traffic is usually heavy. The
Board went on record as not being opposed to the raising of funds for
the handicapped, but the town is just not able to handle all that
congestion in that area. The Selectmen, as well at the Police Chief
eau
Selectmen' s Meeting (Continued) June 8, 1982
saw nothing but problems. Building Inspector David Caldwell and the
Chief will go to the Beachcomber and inform them of the Board' s decision-
not to allow the Jamboree.
The following persons were appointed to the Council on Aging:
Elizabeth Sayers, 14th Street , Kitty Brown, 4th Street, and Cynthia
Dennis, Green Street.
The Clam Flats are closed at this time due to the Red Tide.
Newburyport Women' s Club was granted permission to use the Upper
Green on Saturday, September llth for a Flea Market - Food Sale. Mrs.
Betty Doyle will be responsible for the care of the Green.
The 5th .Annual Road Race was given approval by the Board. Janet and
Charles Scott are in charge of the race.
The Chairman announced that the Central Street project will be
starting tomorrow.
Dog Officer Richard Cunningham stated that we would like to join
the Retirement System at this time. He was instructed to see the
Treasurer to make all the arrangements.
The meeting adjourned at 8:25 P.M.
Respectfully submitted,
Doris Hodge, Secretary
SELECTMEN'S MEETING
JUNE 22, 1982
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie
Machiros opened the meeting. Selectmen .Alan I. Adams and James A. Lowe
were present. -
.Ann Fitzpatrick, representing the Triton Sophomore Class, asked for
and received permission to use the Green on July 10 for a yard sale to
benefit the class.
Fish Commissioner H. Verne Noyes, III, was present at the meeting
and received permission from the Board to move seed clams from High
Sandy area to Cape Merrill.
At 8:00 p.m. bids for a new 16 ton pickup truck were opened. The
bids are as follows: Donahue Motors - $5,325.00; Means Chevrolet -
$6,180.00; Fraser Pontiac - $6,290.00; Volpone Motors - $6,355.00 and
General GMC - $7,235.00. By a unanimous vote of the Board the bids
were taken under advisement.
TOWN. OF NEWBURY
ey►ea om" of
THE PLANNING BOARD
NEWBURY, MASS. 01950
r rARMiR afVu�
�9TED ! fa
18 June 1982
REPORT OF PUBLIC HEARING
A Public Hearing, duly advertised as required by law, was held on Monday,
June 14, 1982, at 8=oo P.M., at the Newbury Town Hall, 25 High Road, Newbury, MA.
Planning Board Chairperson R. Barbara Peabody opened the hearing. Present were
members Richard Johnson, Sharon Trefry, and Patricia Skibbee. Approximately 20
members of the public were present, as well as Selectmen James A. Lowe and Angel.
Machiros.
The subject of the Hearing was a proposal to amend the Zoning By—Law by adding,
under Section 4.4.1, Commercial Highway Districts, Permitted Uses, a new sectio-,o
64.4.1.196A single family residence for owner or security personnel.*
Chairperson Peabody read the proposed article and explained to those in attendance
that the proposed change was being requested by Attorney Thomas J. Palumbo,
Newburyport Turnpike, Newbury, MA, representing his clients Mr. and Mrs. Gene
Palumbo,owners of land in the Commercial Highway District. She explained that
the reason for the request was to enable owners of businesses in the District
to live themselves or-have -security personnel live at the business and so prevont.
vandalism.
Chairperson Peabody then asked for favorable comments on the proposed change.
Attorney Palumbo requested that his formal written statement proposing and
supporting the change, and his petition containing 87 signatures in support of
the change, be made part of the permanent minutes of the hearing. This was moved,
seconded and unanimously voted by the Planning Board. Approximately seven other
members of the public spoke in favor of the change.
Chairperson Peabody asked for unfavorable comments. There were several questions
as to the crime rate of the District.
After a general discussion it was moved by Chairperson and seconded that the Board
vote to recommend to the Town Meeting that the change be accepted.
The vote of the Planning Board was unanimously favorable on the motion.
ct7fully subm to
Re ,
Patricia L. Skibbee
Clerk
6
Selectmen' s Meeting (Continued) June 22 , 1982
Bids for a Hydraulic Sander were opened. They were as follows:
Dyar Sales - $5,636.00; Hedge & Mattheis - $6,274.00; J. J. Gregory -
$6,061.00. By a unanimous vote the bids were taken under advisement.
Paul Daubitz , 12 Annapolis Way, Plum Island, was present and
complained that his neighbor, Michael Villane, has been filling in
his land higher than the surrounding areas, causing a cliff over
;Annapolis Way. According to Daubitz , Villane is also bring in loads
of sand and spreading it on Annapolis Way. Rosemary Loveday, represent-
ing the Conservation Commission, said that she investigated and found
bulldozers spreading sand and fill on the road. She contacted the Police
and the Conservation Commission issued a cease and desist order. Villane
was present at the meeting and said he was trying to fix the road so he
could get to his house. The Chairman reminded him that what he was doing
was illegal and that he should contact the Conservation Commission before
he went any further, as they was the feeling of the entire Board that this
was the route he should take. Daubitz then complained about a Dead' End
Sign that Villane had put up. Villane said that he would remove the sign.
By a unanimous decision of the Board, it was decided that starting
July 6th the town hall would be opened from 7:00 to 9:00 p.m. on Tuesday
evenings and close at 1:00 p.m. on Fridays until further notice.
George Pollard, Highway Supt. , addressed the Board and stated that
he would like to award the truck bid to Donahue Motors, the ]ow bidder, and
the bid for the sander he would like to award to Dyar Sales, also the
low bidder. The Board accepted his recommendations.
The meeting adjourned at 9:15 P.M.
Respectfully submitted,
Doris Hodge, Secretary
Newbury Board of Selectmen
SELECTMEN'S MEETING
June 29, 1982
Chairman Angie Machiros opened the duly posted meeting which was
held for the purpose of making appointments and taking care of any new
business. Selectmen Alan I. Adams and James A. Lowe were present.
The Chairman stated that he wanted to bring to the Board' s attention
the matter of the Becker suit against the Town of Newbury. He said that
the Board had conferred at length with Town Counsel , and because the
chances were slim for overturning Judge Meyer' s decision that the easement.
C�
3T-1
Selectmen' s Meeting (Continued) June 29, 1982
granted to Henry Becker was valid (easement was granted by a previous
Board , excluding himself and Alan Adams) , it is the unanimous feeling
of the Board that we go along with the Court' s decision. At this
point the Chairman quoted from Town Counsel' s letter which is on file,
(Page 2, Par. '2) :
"Since Judge Meyer' s decision, it is apparent that Philip Becker
could ask the Town of Newbury to grant him the necessary building permit
to construct a duplex residence on the present lot, assuming that he can
meet.Board of Health and Conservation Commission requirements. I have
been assured by Attorney Crotty (represented Mr. Becker) that Judge
Meyer' s decision means that Board of Health requirements can now. be met.
If the above information is correct, it appears that we can now
resolve this matter without further litigation, by taking the following
steps.
1. Having the Beckers apply for and receive all necessary health
and building permits for the construction of a single or
duplex residence at the site in question.
2. Satisfy the Board of Health that the health requirements have
also been met.
3. Take whatever action is necessary with the Conservation
Commission (assuming that the same has not already been
accomplished) .
4. Attend to the technical correction of the covenant so as to
bring the covenant into compliance with Chapter 40, S. 54."
The Chairman further stated, "Considering the amount of costs
involved to the taxpayers, and also the slim chance that we might win
the decision after spending many dollars, Philip Becker could then come
back and ask the town for a building permit. Based on the above, and
Town Counsel' s advice, it is the unanimous decision of the Board to
leave it in the hands of Town Counsel to handle the technical aspects
and draft the necessary documents to protect the town from any further
suit from the Beckers. The Chairman added that we would not be in this
position if the easement given to Henry Becker to bring water across
the road was not given."
Appointments were made as follows:
Police Dept.
Full Time Officers
George Riel _, Chief, 3 year appt.
Reserve Officers
W. Lawrence Cocoran - 2 year appt.
Steven Hines - 2 year appt.
Gregory Harris - 2 year appt.
00
Selectmen' s Meeting (Continued) June 29, 1982
DISPATCHERS
Donna M. Kent, 2 year appt.
Mark Woodbury, 1 year appt.
Edward N. Spicer, Jr. 1 year appt.
Carol Scholtz , ,2 year appt.
SPECIAL POLICE
Benjamin Pearson Snuff Mill Area
.Agnes Short Byfield School
Nina Hilton Woodbridge School
Robert Phillips All Schools
Edward Carpenter All Schools
John Salter BussessandArea
Robert Mars Adelynrood
SHELLFISH CONSTABLE
John K. Thistlewood, Jr. , 3 year term
DEPUTY SHELLFISH CONSTABLES
Peter Thistlewood
Charles Colby
AGENT FOR THE BOARD OF HEALTH
James A. Lowe
The Chairman stated, "Before we make the appointment for the
Health Agent, we will have to be more careful in issuing sewerage disposal
permits, as in the Becker case, he was issued a disposal permit for a
3 bedroom apartment, and we must be more careful issuing these permits
in the future."
The appointment was made.
(Appointments - Continued)
TOWN FORESTER
H. Verne Noyes, III
A motion was carried to appoint Police Chief George Riel as Director
of Civil Defense, inasmuch as all the necessary equipment for an active
and efficient operation is located in the Police Station and the Chief
is very interested in becoming the Civil Defense Director. It was
noted at this time, that Bert Savage has done a fine job in the past,
along with Ed Sternf elt, however, the Board feels that whereas `Chief Reel
has everything to work with, the team of Savage, Sternfelt and Charles
Waterman as Assistants, should work out very well. The Chairman noted
that there is money out there that we should go after (like 80•0) that
would enable the Director and his assistants to work on a stronger
Civil Defense program.
(Appointments - Continued)
rS f 1
V\.l
Selectmen' s Meeting (Continued) June 29, 1982
DIRECTOR OF CIVIL DEFENSE
George Riel - Director
Bertram E. Savage, Jr. - Assistant
Edwin Sternfelt - Assistant
Charles Waterman - Assistant
SURVEYORS OF LUMBER AND MEASURERS OF WOOD AND BARK
Harold E. Pingree
Arthur S. Page, Jr.
Phillip Knapp
Evans Hawes
HARBOR MASTER
SPECIAL POLICE ON WATERWAYS AND ADJACENT SHORES
Edwin Sternfelt, Harbormaster
Ralph Crooks, Asst.
George Riel , Asst.
TOWN COUNSEL
James Lagoulis
PLUMBING INSPECTOR
Donald Kincaid
ASST. PLUMBING INSPECTOR
Richard Baker
WIRING INSPECTOR
William Pecoraro
ASST. WIRING INSPECTOR
Richard Lynch
GAS PIPING AND .APPLIANCE INSPECTOR
George E. Emerson
ASSISTANT GAS INSPECTOR
Charles MacLean
DOG OFFICER
Richard N. Cunningham
ASSISTANT DOG OFFICER
James Cunningham
ANIMAL INSPECTOR, FIELD DRIVER AND POUND KEEPER
Richard N. Cunningham
BOARD OF FIRE ENGINEERS
Wallace 0. Pearson
H. Verne Noyes, III
Raymond Costello
John Gallant
William R. Pearson
Selectmen' s Meeting (Continued) June 29, 1982
PLANNING BOARD OF APPEALS
Norman Wells, Jr. - 3 year appt.
.FINANCE COMMITTEE
Keith P. Walton - 3 year appt.
William F. Lacey, III - 3 year appt.
PERSONNEL BOARD
M. Louise Ziehler - 3 year appt.
Francis Fournier - 3 year appt.
CONSERVATION COMMISSION
Rosemary Loveday - 3 year appt.
Joseph Story - 3 year appt.
Storer Humphreys - 3 year appt.
MERRIMAC VALLEY PLANNING COMMISSION
Sharon Trefry
Angie Machiros, Alternate Member
HISTORIC' COMMISSION
Lucy Plumer - 3 year appt.
Mary Barton 3 year appt.
REDEVELOPMENT AUTHORITY
Samuel Traister
William Tempel
Joseph Vangile
John Healey
John O'Connell
Frederick Scott
FENCE VIEWERS
Robert J. Colby
Henry F. P. Rolfe
Leonard Ilsley
John S. Marsh
Malcolm C. Wood
Samuel Traister
Joseph Story
WEIGHERS OF HAY AND OTHER COMMODITIES
Lawrence C. Brown
Robert J. Colby
Richard H. Knight
Martin H. Burns
OLDTOWN TOWN HALL CUSTODIAN
Willard L. Roaf
BYFIELD TOWN HALL CUSTODIAN
Robert M. Field, Sr.
AGENT OF WORKINGMEN'S COMPENSATION
Angie Machiros
AGENT OF VETERANS SERVICES
Charles J. Bashaw
Selectmen' s Meeting (Continued) June 29, 1982
SUPERINTENDENT OF BURIAL GROUNDS
Frederick H. Ilsley
REGISTRARS OF VOTERS
Ellen Moore - 3 year appt.
ZONING BOARD OF APPEALS ASSOCIATE MEMBERS
Joseph S. Vangile
Jonathan Wells, III
John M. Murphy
Dean Robertson
BOARD OF SURVEY AS IT APPLIES TO UNSAFE BUILDINGS
Wallace 0. Pearson
John O'Connell
Charles Bashaw
208 WATER QUALITY ADVISORY COMMISSION
David S. Caldwell
Arthur G. Allen, Alternate Member
ARTS LOTTERY COMMISSION
Richard T. Joy
Selma Bardsley
Cheryl B. Stuart
Eugene Case
Douglas L. Miller
In other business a motion was carried to have the semi-mobile
unit of Donna Gillette, on High Road, inspected by the Board of Health
.Agent, inasmuch as she is selling food.
The meeting adjourned at 9:20 p.m.
Respectfully submitted,
Doris Hodge, Secretary
SELECTMEN'S MEETING
JULY 13, 1982
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie
Machiros opened the meeting. Selectmen Alan I. Adams and James A. Lowe
were present.
Lifeguard Greg Bashaw was present. He told the Board that in his
opinion too few lifeguards were on duty during weekdays. After a dis-
cussion with Greg, the Chief , and the other lifeguards who also attended
the meeting, the Board was in agreement that more Guards should be on
duty during the week in order to provide the necessary protection. The
Chairman commended the Guards for their hard work and. the interest they
showed in appearing before the Board to l,et us know of the dangerous
313
Selectmen' s Meeting (Continued) July 13, 1982
situation that exists. The Board was in agreement that money should be
transferred from the Reserve Account to take care of any additional ex-
pense in order to have more. Guards on duty. The Chief will oversee the
situation.
Selectmen signed Warrant #73, dated June 30th in the amount of
$26,440.05; Warrant #74, dated June 30th in the amount of $31 ,822.94;
Warrant #1 , dated July 6th in the amount of $67,928.75 and Warrant #RS1 ,
dated July 6th Revenue Sharing in the amount of $5,325.00; Warrant #2,
dated July 13th in the amount of $36,461.10. (These figures are exclud-
ing State and Federal Withholding taxes.)
Mrs. Galvanek from Plum Island was present. She said that there was
a tape recorder in the room, and she said: "If I wish to say something,
does it have to be recorded?" The Chairman stated that tape recorders
are legal and are permitted at the meetings.
Regarding the Galvanek - Moore situation, the Chairman said that
Mrs. Galvanek has been more than cooperative, and Mr. Moore has also
complied in seeing that no cars are parked so that they blocked the
roadway. The Chief commented that everyone seems happy with the present
situation. The Chairman said that it was unfortunate that some have lost
their parking spaces, but it was all done in the interest of public
safety. Selectman Lowe added "It has been festering for some time, and I'm
glad that it is straightening out" .
Jean Lancaster, residing on Old Point Road, Plum Island, was present.
She complained to the Board that her neighbor Helen Look was living in a
trailer, with no water, no toilet facilities, and 12 .cats. Board of
Health Agent Lowe stated that she had been driven out once. After a
brief discussion, the Chairman stated that the place will be inspected, and
no doubt would be boarded up and condemned. , Health Agent Lowe and Chief R
Riel will go down tomorrow.
Bids for Road Materials were opened at 8:00 p.m. and were taken
under advisement. .After the Highway Superintendent reviewed the bids,
he made his recommendations to the Board. The Boards accepted his
recommendations and by a unanimous decision the following companies were
awarded the contracts:
Penn Culvert Company - Aluminum Corrugated Pipe; Newbury Trucking
Service - Sand and Gravel ; Paul Fitzgerald Grading, Inc. , Hampton Falls,
N. H. - Road Reclamation; Trimount Bituminous Products - Bituminous
Selectmen' s Meeting (Continued) July 13, 1982
Concrete Type I-1 ; Mystic Bituminous Products - Bituminous Road Materials;
Essex Bituminous Concrete Corp. - Class 1 , Type I-1 Bituminous Concrete
in Place on Streets. All bids are in the 111982 Road Material Bids Bile" .
Letters of acknowledgement will be forwarded to all parties who sent in
bids, and the ones that were awarded the contracts will be asked to supply
us with a workmen' s compensation certificate showing their men are insured.
At 8: 30 p.m. a dog hearing was held. The following were sworn in:
Sheila McCredy, 7 Forest Street - Compaintant; Charles McCredy, her
husband; and Dog Officer Richard Cunningham. Mrs. McCredy stated that the
black Lab, belonging to Eric Oberg, Central Street, Byfield, came after
her husband while they were riding their bikes on Central Street. The
dog bit Mr. McCredy in the leg. He was treated at the hospital and re-
leased. Mrs. McCredy reported the incident to the Dog Officer, Richard
Cunningham. Mr. Cunningham stated that the dog has been troublesome
on other occasions. - He went to Eric Oberg and warned him, but he "didn' t
seem to get the message" . After Mr. McCredy was bitten, the dog was
quarantined for 10 days. (Mr. Oberg was not present at the meeting even
though he was notified of the hearing.) The dog officer recommended "Full
and Permanent Restraint" . By a unanimous decision of the Board, the hearing
was closed.
The hearing was then opened and it was the unanimous decision of the
3oard to go along with the Dog Officer' s recommendation. Dog Officer
Cunningham will hand deliver a notice to Mr. Oberg, informing him that
as of this date, he is ordered to restrain his dog fully and permanently.
The matter of Donna Gillette, High Road, selling food from a semi-
mobile unit on her property was discussed. Board of Health Agent James A.
Lowe stated that he inspected the mobile unit and found absolutely no
violation. She has a permit - the place is clean - she sells only hot
dogs and soft drinks.
The matter of outsiders using the dump was discussed with the Chief.
He will have an officer inside the dump on Saturdays, checking to see if
persons not residing in Newbury are us-ing the facility.
On the Chief' s recommendation, and by a unanimous vote of the Board,
Dianne Emerson was appointed as Reserve Dispatcher and Matron: and Richard
Cunningham and James Cunningham were appointed Special Police for Dog
,Officer work only.
The State Auditors have been here a few weeks, and because the cash
cannot be reconciled, the matter of asking for fiscal assistance was
317
Selectmen' s Meeting (Continued) July 13, 1982
discussed. The Chairman asked the other Board members what their feelings
were. Selectman Lowe said that he would go along with asking for assist-
ance only as long as the auditors will not just brush the matter under the
rug and start a new system. He added that as long as they are going to
find where the discrepancy lies, he would be agreeable. By a unanimous
vote of the Board, fiscal assistance will be requested.
Appointments were made. to the Council on Aging for the ensuing year:
Desiree Rogers, Joseph Frost, Helen Rogers , Margaret Ryer, Ryeburn Lynch
and Arthur Roach.
A motion was unanimously passed to look into the possibility of in-
stalling a ramp at the end of Cottage Road and also that a- committee be
formed forthwith among the residents and the clammers to help straighten
out the existing problems of the overcrowded area because of too many
cars parking there, etc.
The meeting adjourned at 10:00 p.m.
Respectfully submitted,
Doris Hodge, Secretary
SELECTMEN' S MEETING
JULY 27, 1982
The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros
opened the meeting. Selectmen Alan I. Adams and James A. Lowe.-T°were present.
The following warrants were signed by the Selectmen:
Warrant # P 1 dated July 27 in the amount of $22,037.83
Warrant # 4 dated July 27 in the amount of $69,626.45
Warrant # 5 dated August 3 in the amount of $28,226.92
Warrant # P 2 dated August 3 in the amount of $8,340.36
The matter of the Clark dog complaint, which was originally heard
on Maras 23, 1982 , was reviewed. David Clark was present, and he asked
the Board if they could possibly lift the restraint on his dog, only when
he is at home, so that he could let the dog run around the yard without
any restraint. He said that he will continue to keep the dog restrained
'when he is away from the house. He said he does not have a phone (this
was in answer to Dog Officer Richard Cunningham' s question.) Mr.
Cunningham stated that whereas Mr. Clark has been most cooperative, he
would recommend to the Board that he be given the opportunity to see if
Selectmen' s Meeting (Continued) July 27, 1982
he can handle the situation. He added, "But, the moment that I get
a call at 2:00 o' clock in the morning, that the dog is over on Pearson
Drive or the like, I will go back to my original recommendation of "Full
and Permanent Restraint" . Selectman Adams moved that the dog be taken
off the restraint while Mr. Clark is at home watching him, and the guide-
lines set up by Mr. Clark be followed. This was unanimously passed.
Austin Hennessey, 3 Girard Way, along with several of the residents
of that area, were present at the meeting regarding the entrance to the
beach not being passable, making it impossible for the residents to get
down to the beach - or to get back up. They claimed that the right of
way was piled high with street sweepings (sand, dirt, bottles, shingles
and general refuse) . The Chairman stated that there was a problem with
people parking and blocking the entrance with their cars, and by putting
the sand there it seemed to correct the problem of parking. After a
discussion with the residents as to a solution, they said that some twenty
years ago, they all got together and put in a board walk which made it
much easier to get to the beach. They said that they would be willing
to attempt to put in another one, and wondered if the town would be willing
to store it. The Board saw no problem, and it was also the unanimous feel-
ing of the Board that posts will be installed at the right of way, so that
no parking will be allowed there. The subject was then changed - by
Mr. Hennessey - to residents parking cars for money in their driveways,
or on their property in general. He asked if they should have permits, and
the Board informed him that they should.
At 8:00 p.m. a public hearing was held regarding the transfer of
the license of Byffield Liquors, Nigk Giantis, .Manager, to Daniel P.
Francescone. The Chief was asked how he felt about the transfer and he
said he could see no reason not to grant it. Selectman Lowe said that he
hated to see` Nick go,, as he had conducted a good business, and there were
never any problems. He hoped the new owner would conduct the business
as well as Mr. Giantis has, and bearing that in mind, he had no objection
to the transfer. Selectman Adams said that he had only good reports, and
he too had no objections to the transfer. By a unanimous decision, the
hearing was closed and the matter was taken under advisement. The hearing
was then opened and Selectman Adams moved that the transfer be granted,
subject to the approval of the ABC. i This was passed unanimously. The
Chairman and the other members of the Board wished the new owner success'.
Selectmen' s Meeting (Continued) July 27, 1982
The firm of Costello, Lomasni & DeNapoli of New Hampshire was
represented at tie meeting by Ann Sales, Mr. Scarks and Mr. Linehan.
Mr. Scarks was the spokesman for the group, and after a discussion with
the Board regarding the Civil Defense Evacuation Plan, it was decided
that a meeting will be set up on August loth with the Department Heads .
and the group here tonite, •to discuss the Evacuation Plan further.
Mr. Thomas Lahey, Orchard Street, was present, and said that he was
having difficulty getting into his property because of a high. drop onto
the street caused by Early Contractors. The Chairman said that he will
speak to the Contractor and see what can be done.
Austin Knight brought in a map showing that his neighbor, Donna
Gillette , has a building on a State owned road. Mr. Knight was advised
to contact District'#5 DPW in Danvers and talk with Sherm Eidelman as
that was a matter for the State.
New chairs have been purchased for the Town Hall . The ones that we
have been using will be divided up between the two fire departments.
Mr. Craig Filmore, 40 Riverview Drive, Newbury, was present and
i
asked if his street could be fixed so that it would look all the same.
i
f The far end of Riverview Drive where he resides has just been accepted
by the Town, and there are limited funds. However, Mr. Pollard stated
that oil and sand will be spread in a few days.
Mr. Ibuglas Janvrin was present and asked the Board if it was possible
that some kind of a guard rail could be installed in front!of his property
i
so that vehicles would be less apt to run into his house. He has just
experienced a truck smashing into the front of his home. The matter will
i
� be checked into by the Chief and .George Pollard alo$g with the Chairman
of the Board. _
! By a unanimous decision of the Board there will be an informal
'j hearing on August loth at 8:00 p.m. regarding the transfer of a parking
lot license (Kelly Estate to Madigan and" Dory.) The lot is located
on the corner of 16th Street and Northern Boulevard, Plum Island. The
Board was in complete agreement that in order to protect the Town' s
interests against any suits in ,the future, these hearings will be held
before any transfers of licenses or the issuance of new licenses are
made.
The meeting adjourned at 9: 50 p.m. Respectfully submitted
Doris Hodge, Secretary
# 323
SELECTMEN' S MEETING
AUGUST 10, 1982
The Selectmen' s Meeting was held at 7: 30 p.m. Selectman Alan I.
Adams opened the meeting in the absence of Chairman Angie Machiros, who
is a patient at the Anna Jaques Hospital. Selectman James A. Lowe was
present.
The minutes of the previous meeting were read. Selectman Lowe
stated that since additional information has been received regarding
the Becker situation, and after reviewing the Judge' s decision, he would
rescind his statement as to a "Hands off Attitude" , as the decision has
changed the complection of the matter. He stated, "I will at this time
make a motion to put �a hold on the last paragraph of the minutes, and with
that "Hold" , I will accept the rest of the minutes as read" . Selectman
.Adams seconded the motion.
Mr. Arthur Hart, 34 Central Street, was present at the meeting, and
asked the Board if something could be done about a broken 10" clay culvert
in front of his house. He is having problems with the water backing up
in his leaching field on account of the broken culvert. After a dis-
cussion, the acting chairman stated that the Highway Superintendent will
check into the matter.
Atty. Arthur Smith and his client Constant Christuk who resides on
Sunset Blvd. , Plum Island, were present at the meeting, with reference to
an alleged encroachment on his land by the Town. After discussing the
problem and examining pictures of the area, the acting Chairman said that
he will check into the matter further and see if the plans for raising
Old Point Road and Sunset Blvd. will correct the situation.
In other business, Atty. Joseph Stashio was present, representing
concerned land owners and abutters of Mr. & Mrs. Donald Gove, 9th Street,
Plum Island, with reference to alleged violations of Zoning By-Laws by
the Goves. Mr. Stashio, in his opening statement, referred to the fact
that Gove has 4 apartments in his one-two family dwelling. After making
his statements, it was noted that Mr. Gove had left the meeting and Mrs.
Gove asked the Board if the matter could be heard at our next meeting.
Building Inspector David Caldwell stated at this time that he would like
to touch base with Town Counsel before he makes a final determination.
Atty. Stashio pointed out that the original Building Permit states that
it is for a "single family dwelling" . Board of Health Agent James Lowe
stated that the 1969 Board of Health By-Laws state that on any lot less
t)9
Selectmen' s Meeting (Continued) August 10, 1982
than 1/2 acre, there is to be allowed only a single family dwelling. Atty.
Stashio said his people will waive the 14 day requirement of the Statute of
Limitations in order that the Building Inspector will have time to confer
with Town Counsel and make his final determination.
At 8:00 p.m. a hearing was held and Selectmen granted New England
Telephone Company permission to move a telephone pole on Central Street.
There was no opposition. The Town Clerk spoke in favor.
An informal hearing was held regarding a transfer of a parking lot
license (Kelly Estate to Madigan and Dorr) . The parties were present and
stated that it was their intention to park 12 cars only, and asked the
Board if they would grant the transfer. The request was granted with the
stipulation that the lot would be operated by the owners only and also
that they would park 12 cars and no more. The parties agreed to abide
by the stipulation.
Atty. Thomas Palumbo was present with reference to a transfer of a
Common Victualer' s License at Surf Casters Galley to Dan Gaynor and his
sister. The matter will be taken up at the next meeting when the Gaynors
will be present and the Board will interview them and discuss the transfer
further.
At Chief Riel' s request, the Board appointed Douglas Rogers as a
part time Reserve Officer, term to expire June 30, 1983.
The acting Chairman read a communication from the Byfield Fire
Department regarding the deplorable condition of Central Street after
construction work is halted each day. The Department is concerned about
health and safety reasons and stated that the road should be left in a
passable condition at the end of each day in order that fire trucks and
ambulances can pass through the area in an emergency.
A letter of resignation was received from Willard Roaf, our main-
tenance man. He has served us well with continued and faithful service for
18 years and it is with deep regret that we accept his resignation.
At 8: 30 p.m. a dog complaint was heard. The following were sworn in:
Sandra Dow, owner of the dog; Fred Clough, Complaintant and the Dog Officer
Richard Cunningham. Mr. Clough was riding his bicycle and the Dow clog
went after him and bit him' in the leg. Mrs. Dow was very concerned and
Selectmen' s Meeting (Continued) August 10, 1982
sorry about the whole thing and stated that the dog has been restrained
since the incident and will be restrained in the future so that nothing
will happen again. Dog Officer Richard Cunningham stated that Mrs. Dow
has been most cooperative. He added that the dog is confined for 10-14
days. He recommended that the dog be restrained. The hearing was closed.
The hearing was then opened and Selectman Lowe moved that the dog be
ordered restrained indefinitely. Selectman Adams seconded this motion.
Warrant #5 dated August 3rd in the amount of $28,226.92 was signed,
and Warrant No. P2 dated August 3rd in the amount of $8,340.36 was also
signed by the Selectmen.
The meeting adjourned at 8:45 P.M.
Respectfully submitted,
�Dori7sH(o ge Secr to