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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: 71 1 • -r - ' _ M - _"_. . .Y".v. .marts_.. ... - r.ic... .;_5.. .- .a_..- .J ,+t�'��_t.�r. a'r.-�!`-.�/.... •z�:� fit"- • -mac_ ,:d ..r `"'# 't"' ,. #"`�' -7.,L4T� O'g -- - , 3-t..,i'a �.r t ' €'s+ - '� �S "„h ..f F -c-o y < 8.. -.a. i rfa- .T. ;•-' .5 -..new-x ,'4 £_ 3 5. NS-. ,.r {- r il s. ,�...� x - st f y l 1 -. 1 . < L ,..� Y ;{ - :.; t = r`' -. - e/ _ fir Sy, ire should-.gze soa%e' thoirgt to.including_thaw informatio2r� _ - suppiement form to be distributed to the',.voters at the Annual;­AToWn Meeting - '. % - �s t _ �i PAT. BO, - _ Newbury'Selectman - TGPisnj , t • . . 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Terrace .10 v � Riverview 45 .Walton- Avenue <.11 Low Street"' x, _ •30 Pine Island Old nine • Bayview- .14 = y. - = F _ - Highfield u; Southern Blvd. - -55 � o o , y-, 7 = - - 4 _ r a' - 1: (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