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SELECTMENS RECORDS 1982-1986
i SELECTMEN'S MEETING AUGUST 24, 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 still a patient at the :Anna Jaques Hospital. Selectman James A. Lowe was present. The following warrants were signed by the Selectmen: August 17th R5 $330.00 #6 $69,299.16 P-4 $ 7 ,625.49 August 24th R5 $ 1 ,175.00 P5 $21 ,894.79 #8 $11 ,702.39 Mr. Harry White, 12 Fairview Avenue, was present and complained to the Board that water collects, and is not draining away from in front of his house. Selectman Adams stated that the area streets (Withington and Oak) are on the list for repair within the near future and the Highway Superintendent will be contacted to find out if the Fairview Avenue, problem can be corrected at the same time. Attorney Thomas Palumbo was present with his clients Dan Gaynor and his sister. The Gaynors have been operating Surf Casters Galley for the past four years, and have recently incorporated. Attorney Palumbo stated that the Gaynors were merely requesting that the Common Victualer' s License which they are now operating under .be transferred to the Corpora- tion. The Board saw no problem and the transfer was granted. Attorney Stashio was present with reference to the Gove matter at Plum Island. Attorney Jere Doyle was also present with his client, Mrs. Donald Gove, and asked if the matter could be postponed until a full board is present. Atty. Stashio stated at this point that he was at the meeting solely for the purpose of hearing the recommendations of the Building Inspector David Caldwell. Mr. Caldwell stated that he had conferred with Town Counsel who advised him to notify the Goves of their violation of the Zoning By-Laws, as they are renting out four apartments and their building permit was issued for a single family dwelling only. A motion was made by Selectman Lowe that the Goves be given the opportunity to comply. Acting Chairman .Adams seconded the motion and stated that we will hear this matter again on September 13th at 8:00 p.m. Attorney Stashio stated that he would like to have a report from Mr. Caldwell prior to September 13th. Selectman Adams asked the Building Inspector if he would contact Stashio and Doyle, and he answered that he would like to address the zoning violation first. 3 Selectmen' s Meeting (Continued) August 24, 1982 Residents of River Road attended the meeting and complained to the Board that "Dirt Bikes" are a real problem around their homes and some- thing has to be done soon. The matter is getting out of hand. Select- man Adams stated that the matter is being looked into by the State Recreational people and we should be hearing from them soon. The Lifeguards, together with Chief Riel were present and stated that the fund for wages is getting low and they will need a transfer to finish out the season. The Board was in agreement. A letter of complaint was received from Dean Robertson regarding conditions on the McLean property on Withington Street. The letter stated that neighbors of McLean are concerned about what they think are violations of the town by-laws. Mr. Robertson and some of the neighbors were present at the meeting, and they discussed the problem with the Board and with Mr. Caldwell. The Building Inspector stated that after investigating, it was his opinion that Mr. McLean is in no way in violation. Upon Chief Riel' s recommendation, the Board appointed Gary Clifford and David Pare as part time Reserve Police Officers with a six month probationary period and they also appointed Edward Spicer to continue serving as a dispatcher and reserve officer until June of 1983, having completed his six months probation. The meeting adjourned at 8: 50 p.m. Respectfully submitted, Dorm Hod Secr r SELECTMEN' S MEETING SEPTEMBER 1.3, 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. .A group of concerned citizens from Byfield were present with reference to a controversy involving the rumor of closing the Byfield Post Office. Richard Rush, the Postmaster in Byfield , was spokesman for the group, along with Wallace Pearson, also employed by the Post Office. Chairman Machiros addressed the group , thanked them for attending the meeting, and assured them that the Board of Selectmen has had no part in the matter whatsoever, nor do they have any intention of closing Selectmen' s Meeting (Continued) September 13, 1982 the Byfield Post Office. The Chairman .added that he would like to have the matter put to rest once and for all , and that was the reason he requested their presence at this meeting. The people seemed relieved, and content to drop the matter upon the assurance that they received. Attorney Stashio and Attorney Doyle were present with reference to the Gove matter, carried over from the last meeting. Discrimination was brought up by the Gove' s attorney, Jere Doyle. The Board cleared the charge saying that discrimination has nothing to do with the matter, and it is a Board of Health violation that is the main concern here. The Chairman stated: "This Board is not trying to victimize anyone" . Selectman Adams stated: "There is a Board of Health Law in this town, and there is no way that that law can be overcome." Selectman Lowe added: "We operate under Title 5 in this town." After discussion back and forth, the board con- sidered giving the Goves 60 days to comply once and for all , and during that time , the Goves are not to rent out any part of their single family dwelling. The Board did inform the Goves that they had no objection to them having their relatives or company visit the, they are just concerned about rentals. At this point, a motion was made by Selectman Lowe that we give the Goves 60 days in which to comply (meaning no rentals) , and if they don' t comply at the end of that time, he would recommend action. This was passed unanimously. The Chairman stated that we will hear this matter again in 60 days. A dog hearing was held and the following persons were sworn in. Jan Searle, the owner of the dog, George Dawe and Susan Dawe , the com- plaintants, and the Dog Officer Richard Cunningham. The Dawes complained that the Searle dog had gotten into their chicken coop and killed 6 chickens. Mrs. Searle said that the dog is now restrained and she will continue to restrain him. The Dog Officer stated that the dog is part Husky, and once they kill , they continue to kill. He recommended that the dog be ordered restrained. He added that at one point, Ms. Searle did . say that she might find a new home for the dog. The hearing was closed. The hearing was then opened and Selectman Lowe made a motion to permanently restrain the dog or permanently remove the dog from -he town. This was passed unanimously. Upon Chief Riel' s recommendation, Patricia Perley from Rowley was appointed as a part time dispatcher with a six month probationary period. The Chief also requested a transfer of $983.80 to the Lifeguard Selectmen' s Meeting (Continued) September 13, 1982 .Account, and this was approved by the Board. The Selectmen interviewed three applicants to fill the custodian vacancy caused by the resignation of Willard Roaf. William Hounam, Walter Mills and Dean Sheehan applied for the job. The Board was in agreement that $50.00 would be the weekly salary. Selectman Lowe made a motion. that William Hounam be hired for a three month period, and at, the end of that time , if Walter Mills is retired and is still interested, he will be appointed by the Board to fill the position. The Board appointed Ryeburn Lynch as a member of Zoning Board of Appeals. The matter of Charles MacLean' s storage trailer was discussed. Town Counsel will be contacted with reference to the problem of storage trailer being an eyesore to the neighbors. The following warrants were signed by the Selectmen: August 31st ##P6 $ 7 ,189.14 #R6 8,287.50 # 9 12 ,930.90 Sept. 7th #10 52,289`.88 #PW7 36,785.46 #RS7 6,622.00 The meeting adjourned at 9: 55 P.m. Respectfully submitted , � Y W�iHodgCeZ,/ Se�6-Fy- SELECTMEN'S MEETING September 28, 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. The following warrants were signed by the Board: September 14 #11 $12 ,735.08 #P_8 91341.93 September 21 #P-9 36,336.11 #R-8 1 ,930.00 #12 32 ,0 54.19, October 5 #P-ll 35,397.94 #14 31 ,445.35 Chief Riel was present along with Officer Stephen Ringuette. The Chie: requested that the Board appoint Officer Ringuette as a full time officer. The Chairman stated that he has been very impressed with the manner in which Ringuette has conducted himself and he felt that he would be a tremendous asset to the Town. The other members on the Board were in Selectmen' s Meeting (Continued) September 28, 1982 complete agreement. Officer Ringuette assured the Selectmen that he had every intention of staying with the Newbury Police Department at least 2 years and it was with this assuranee that the appointment was made. Mickey Villane was present in regard to a continuing complaint from Paul Daubitz , stating that Villane is moving sand and filling in the road- way which leads to his property. The Chairman stated that he felt that this was a matter for the Conservation Commission and not the Board of Selectmen. Conservation Chairman Edith P. Johnson was present and agreed that it was a conservation problem and it would be looked into. Imelda Dobson and L. Donald Phillips were present in regard to a controversy over a boat that might be on land other than Mrs. Dobson' s. She stated that she would prefer to have the matter continued until she could obtain copies of the deeds to her property and the Board granted her request. Mrs. Priscilla Crocker was present and was interviewed by the Board. She is planning to `operatedthe Byfield' Diner. .After the interview, Select- man Adams stated: "After the Agent for the Board of Health makes his inspection, I move that the license be granted" . This was passed unani- mously. Bob Wells was present and presented a petition in regard to the acceptance of the final 88 feet of Paul' s Way. This will make the street 580 feet in length. The record shows that the first procedure has been taken care of. A hearing will be set up by the Selectmen. Board of Health Agent James A. Lowe stated that pem tests will be taken from October lst to October 31st. At 8:00 p.m. a telephone pole hearing was held regarding the re- location of a pole on Old Pine Island Road and one on Pine Island Road. There was no opposition. .Also on Fruit Street, three poles are needed, and no opposition was voiced on this. The hearing was closed and when resumed, permission was granted unanimously. A petition was read by the Chairman regarding the need for School Bus Zone Signs to be placed on High Road near the corner of Riverview Drive. Chairman Machiros has contacted the State DPW, and it is expedted that the signs will be erected very soon. The Chairman read the following notice of Bridge Ratings: 1 . Bridge N-10-5; Hay Street/Little River, TWIN 524/001/100; "Type H (2 Axle) Loading 17 Tons Type "3" (3 Axle) Loading 23 Tons Type "3S2" (5 Axle) Loading 36 Tons." 11 . Selectmen' s Meeting (Continued) September 28, 1982 2. Bridge N-10-6; Newman Road/ Little River, Newbury; TWN 524-004-100: "Safe Load Capacity 5 Tons." 3. Bridge N-10-8; Larkin Road/ Parker River, Newbury; T41N 524-003-100: "Safe Load Capacity 4 Tons." John Salter has received a copy of the Notice. Selectman Lowe recommended that the weights be accepted as read and anyone who exceeds these weights does so at their own peril. This was voted and accepted unanimously. The Chairman read a petition regarding the Plum Island Water District. The petition stated that the purpose of the document was for applying for a meeting to be held for the purpose of electing three water commissioners (one from Newbury and two from Newburyport) and one clerk to fill vacancies created by the resignations of Charles Masi, Ronald Patrick Zoeller, Gerald Shea and Rita Croteau." - The Chairman added, "I would like to say at this time that this is a separate entity, "but to satisfy Mr. Norman and the petitioners, I am merely acknowledging this petition, however, we have no control whatsoever and no action will be taken by this Board. The matter of Insurance on Town Vehicles was discussed, aid a motion was made and carried to leave the Fire , Theft and Collision on until the first of the year (until we talk with the Finance Committee) . The matter of butsiders using the Newbury Dump was discussed. The Chairman stated that a resident of Hanover Street observed a truck with a New Hampshire plate using the facility. He followed the truck to Carles Street in Newburyport. The Board will 'set up a meeting with Prescott Spalding and possibly the Finance Committee to see if a solution can be worked out. Selectman Adams stated that Paul Turbide is working on the plans for a ramp at the Town Wharf , Rte. 1:A, for the purpose of aiding the clammers. Mr. Turbide will have a rough draft ready next week. Chairman Machiros stated that Painter George Perkins has given us a price of $1800.00 to paint the interior of the building. This was agreeable with the Board. The meeting adjourned at 9:00 p.m. Respectfulll/yr submitted, Doris Hodge, Sec to 13 SELECTMEN'S MEETING OCTOBER 12 , 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. The following warrants were signed br the Board: October 5th #P-ll 35,397.94 #14 31 ,445.35 October 12th #15 44,746.25 #P-12 8,369.78 #RS-10 71104.00 Mrs. Mary Kelley, who resides at 14 Riverfront was present and asked the Board if a street light could be installed in front of her home. The land is owned by Mary Barton, and the Board advised Mrs. Kelley to contact Mrs. Barton to see if some kind of a solution to the problem could be worked out. The Board accepted with regret the resignation of Planning Board member Mary Ann Varoski. The Planning Board will meetiwith the Selectmen on October 26th to appoint a new member. At 8:00 p.m. a telephone pole hearing was held regarding the installation of 5 poles on Boston Road. No opposition was voiced. The hearing was closed, and the matter was taken under advisement. When resumed, permission was granted unanimously. The Chairman called attention to the fact that Chief Riel , who is also the Civil Defense Director and Edwin Sternfelt , Assistant Director, have both taken emergency management courses, and have received certi- cates. The Chairman praised both men for their efforts. A letter has been. received from the Mass Department of Public Works stating that School Bus Zone Signs will be installed at the Riverview Drive entrance at High Road. This was in answer to Chairman Machiros' request of recent date. The matter of the agricultural preservation status of the Traister Farm, 78 High Road, was discussed. The Board is of the opinion that the issue should come before the voters at Town Meeting. The meeting adjourned at 8:20 p.m. Respectfully submitted, CJ� c- Doris Hodge, S� i 15 .SELECTMEN'S MEETING OCTOBER 26, 1982 The Selectmen' s meeting was held at 1: 30 p.m. Chairman Angie Machiros opened the meeting. Selectme.n .Alan I. Adams and James A. Lowe were present. The following warrants were signed by the Board: October 19th #16 287700.00 #13 36,118.53 #11 1 ,591.60 October 26th #17 130,175.42 #14 8,687.29 The Chairman stated that for the record, he would like to say that Mr. Sam Traister. (who was present at the meeting) , never approached any member of any Board for any contribution regarding the preservation of his agricultural land. This statement was made in order to correct an erroneous newspaper article. Members of the Planning Board were present and together with the Selectmen, they interviewed Mary Andreas of 2 Maple Terrace and John Schladt of Northern Blvd. , Plum Island. They both expressed a desire to serve on the Planning Board, John Schladt was appointed to fill the vacancy caused by the resignation of Mary Ann Varoski. Pamela Stickney, 46 High Road, was interviewed by the Board, prior to their granting her a license to sell gifts, antiques and second hand articles. The entire Board was in favor. ± Upon the Chief' s recommendation, and after an interview, Eugene Scione, 107 Forest Road, Salisbury, was appointed as a Dispatcher for the Police Department with a six month probationary period. Also at the Chief' s request Richard Barker was unanimously appointed as a Special Police Officer for Newbury Auto Sales to serve until June, 1984. Officer Barker has successfully completed his six month probation period. At 8:00 p.m. the Selectmen unanimously granted the Telephone Company permission to remove three telephone poles on Central Street in order to allow the Company to handle the wires more easily. Bob Wells, residing on Paul' s Way attended the meeting regarding the acceptance by the Town of that portion of Paul' s Way where he resides. Mr. Wells presented a map which showed that the section in question was in fact accepted by the Town some time ago, thus eliminating any further action on his part to have it accepted. The meeting adjourned at 8: 50 p.m. R ectfu11 submitted, ori!-' od fe, Sec�� 17 SELECTMEN' S MEETING NOVEMBER 9, 1982 The Seledtmen' 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. The following warrants were signed by .the Board: November 9th #P16 8,606.02 #R12 5,360.00 #19 15,821.05 16th #20 81 ,437.30 017 36,250.76 A group of Rolf e' s Lane residents were at the meeting complaining to the Board that Youngsters at the Harbor School are upsetting the neighborhood, causing vandalism and are being generally unruly. Joseph Doyle and his son Michael spoke about the youngsters knocking rocks off their stone wall aid dislodging their mailboxes. .Arthur DiMauro, who is in charge of the School , along with his assistant, Michael Corbett, were in attendance. Mr. Corbett stated that as soon as he learned of the rocks being dislodged, he immediately went out and personally picked them up. Chairman Machiros stated at this point that he has received numerous calls from residents of the area complaining about the youngsters but the callers are reluctant to give their names because they are afraid of repercussions. Police Chief George Riel stated that his menrresponded immediately to calls complaining about the commotion, and he added that he felt that after talking with the youngsters at the school as well as their counsellors, there would be less problems in the future. The Chief said that he has been keeping a close check on the actions of the youngsters and has been acquainting them with the officers who spend some time in the immrediate area of the school on a daily basis. Mr. DiMauro said that as far as damages to the mailboxes, he will make restitution. Mr. DiMauro further stated that he has added more staff for this parti- cular time of unrest. The Chairman, along with the other two members of the Board made it clear to Mr. DiMauro that the. saf ety and well being of the people living in the area was first and foremost in their minds and if any more incidents of unruly behavior are reported, they will take action. DiMauro assured the Board that he felt confident that no further incidents would occur. Residents of Byfield attended the meeting and stated that they are against a Holistic Center which they understand is in the process of being formed by Mrs. Ramsey Burton who resides on Greentree Lane. 19 Selectmen' s Meeting (Continued) November 9, 1982 Mrs. Burton was present and addressed the Board. She stated in length r that upon receiving numerous complaints from the neighbors , she has returned her certificate of approval to the Town Clerk, and she has cancelled all plans to operate the center. The neighbors seemed a lot more at ease and very relieved to hear Mrs. Burton replay to their further questioning that she had the absolute intention to cancel all plans for the Holistic Center. No further problems are expected ; however, the Board n assured Mrs. Burton that they will be keeping a close watch on the situa- tion and Chairman Machiros informed the Town Clerk to alert him if the Burtons should apply for any permits in the future that will adversely affect the Town. The meeting adjourned at 8: 30 P.M. Respectfully submitted, Lori odge, �S -t6�r SELECTMEN'S MEETING NOVEMBER 23, 1982 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectman Alan I. Adams and James A. Lowe were present. The following warrants were signed by the Board: November 23 #21 8,132.54 #P-18 8,796.71 013 500.00 November 30 #22 19,056.06 #19 36,387.27 December 7 #R14 5,692.40 #P20 7,767.11 #23 22,122.27 Youngsters at the Harbor Schools are still causing problems. Chief Riel has written two letters to the Board, in which he has expressed his concern about the safety of the residents on Rolfe' s Lane where the Schools are located. One of the more closely affected residents of the area, Michael Doyle , described a recent incident whereby a boy ran away from the school in twenty degree weather with very little clothing on. Mr. Doyle said that he called the School immediately to notify them that the boy was in his yard for a time and had disappeared into the woods. The person that answered the phone said that it was not their responsibility to go out after the boy. Mr. Doyle then called the Police and they responded immediately. Chairman Machiros called on Michael Corbett , the Supervisor Selectmen' s Meeting (Continued) November 23, 1983 of the School for an explanation. Mr. Corbett didn' t have too much to say and asked if the matter could be postponed until later in the evening when Mr. DiMauro, the Chief Administrator of the School , was expected to show up. The agenda was a full one and the Board felt that immediate action was necessary. Chairman Machiros stated to Mr. Corbett: "When you left here last meeting we had your assurance that there would be no further trouble." Selectman Adams added that he felt that legal action should be taken if it doesn' t stop and he further said "After all , we have William Graf, who' s blind , and the Elderly Housing next door. We can' t afford to send police cruisers down there day in and day out." Selectman Lowe said "Our only recourse is to get in touch with the State Licensing Board, and also the Office for Children and Find out what they think of this situation. I make a motion that we take action with the proper authorities to put an end to these diff icultie� The motion was carried unanimously. The MacLean Trailer matter was discussed with Mrs. Kiraly, a neighbor of MacLean' s, and the complaintant against him. Chairman Machiros asked the Building Inspector to stop by and see how things are progressing as far as MacLean getting the trailer out of the way. The Donald Gove matter was up for discussion. Attorneys O'Flaherty and Stashio along with the Goves were present. After hearing all parties concerned, the two attorneys and the Board -seemed to come to an amicable settlement when the Goves agreed to signed a document stating that their residence would be used only as a two family dwelling in the future. A motion was made and unanimously passed that the Goves will obtain an amended building permit on which it shall be written that the Goves will live in one side and rent out the other side to one family only. The matter was closed with all parties expressing satisfaction. At 8:00 p.m. a telephone pole hearing was held regarding a pole to be located directly across the road from the lane going up to the water tank in Byf field. All abutters were notified and no opposition was voiced. Mr. Benjamin, a neighbor of the area, spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing was then opened and permission was granted by the Board. The Chief recommended that James McDonald be appointed as a part-time Dispatcher with a six month probationary period. After an 23 Selectmen' s Meet-ing (Continued) November 23, 1982 interview, Mr. McDonald was appointed by the Board. A letter of concern from the Planning Board was read by the Chairman regarding the safety of the oil tanks on the former Checkoway Company on Route #1. The present owners will be notified to attend the next meeting in order that we may discuss the situation, as far as any leakage surrounding the storage tanks causing pollution to the land and Little River. The Chairman stated that he would like to address the Harbor School problem again, and have it recorded in the minutes that we are not trying to condemn the Harbor School children, nor is it our 'intention to harass the Harbor School officials, adding that we give them credit for taking on that type of position. The meeting adjourned at 9:00 p.m. Respectfully submitted, Doris Hodge, Sec ar SELECTMEN' S MEETING DECEMBER 14, 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. The following warrants were signed by the Board: December 14 #P21 39,157.99 #24 13,067.38 #RS 15 4,160.00 December 21 #P22 6,724.38 #25 100,170.27 #RS 16 150.00 The Chairman stated that there will be a full scale investigation made with regard to the Harbor School problems that the town is experiencing recently. The matter will be taken .up again at our next meeting Dec. 28. Upon Chief Riel' s recommendation, and after an interview, Scott Bucuzzo of Groveland was appointed by the Board as a part time police Officer with a six month probationary period. The Chairman stated that the Chief has brought us some excellent applicants. The Kiraly - MacLean controversy was brought up by the Chairman. He stated that he went to the MacLean property to see just what progress has been made as far as repairs to his garage is concerned. He found that Mr. MacLean has made substantial progress in building the addition 25 Selectmen' s Meeting (Continued) December 14, 1982 to his garage and he has also alerted the owner of the storage trailer that is parked in his yard that he can pick it up at anytime as he is through with it. He has not completed the necessary work however, and said that the cold weather will keep him from working on his project. He said that he would appreciate a permit giving him a further extension (6 months) so he will be able to complete his project. The extension was given by the Building Inspector who also made an inspection of the premises. Mr. Caldwell stated that in his opinion 851/o of the work was completed. A motion was made by the Chairman, and passed unanimously, that we leave the matter in the hands of the Building Inspector where it belongs. Robert Woodburn and Arthur Manley, owners of the former Checkoway property on Route #1 , were at the meeting along with Barbara Peabody, Chairman of the Planning Board, Edith Johnson, Chairman of the Conserva- tion Commission, Fire Chief Wallace Pearson and Verne Noyes who is Deputy Fire Chief as well as Fish Commissioner. The matter of the possibility of leakage from the oil tanks (now owned by Woodburn and Manley) getting into Little River was discussed with all parties. The oil tanks are full right now, and the owners said they are unable to make any investigations of leakage until late spring as they rely on the full tanks and cannot drain them until the winter is well over. They added that full tanks are necessary in order to supply their customers. The Selectmen made a motion to give the men until late spring, at which time they expect that they will make sure that there is no leakage going into the surrounding area of the tanks. At this time , Wallace Pearson and Verne Noyes will take over as far as issuing the specifications that have to do with oil tanks. The Chairman stated that he wanted a firm commitment from the men that they will definitely check the security of the tanks by late Spring and the two men stated that they would definitely take care of things by that time. A request was received from David Caldwell , Supt. of Byfield Water, to allow workmen to work seven days a week in order to complete work on the new water tank in Byfield. The Selectmen gave their permission and stated that the workers should not start before 8:00 a. m. on Sunday. At 8:00 p.m. a telephone pole hearing was held regarding two poles being put on High Road opposite Tenney' s Court in front of the Thurlow property. There were no objections. Also regarding 5 poles on Boston 27 Selectmen' s Meeting (Continued) December 14, 1082 Road from the Price property to the Susan little property. There were no objections voiced. The hearing was closed and the matters were taken under advisement. The hearing was then opened and the Selectmen granted the petitions. A motion was unanimously passed, that before any licenses are signed by the Board in the future , that the Town Clerk should first check with the Treasurer to see if the person applying for the license does not owe any taxes to the Town. The matter of the issuance of Installers Permits was discussed and by a unanimous vote it was the decision of the Board to grant renewal licenses to area installers. However ( at the discretion of the Board) , permits will not be granted to installers coming into the town from out of the way places. A letter has been received from the Department of Mental Health regarding a residential program to serve eight mentally retarded people. After reading the specifications, it was the opinion of the Board that the Town did not meet the required standards and the Department will be so notified. Tree Warden Bob Colby was present and requested an appointment as a Special Police Officer. The Chief stated that upon Colby' s passing a required exam, he would have no objection to his appointment and the Board was in agreement. The appointment would have to do with tree safety only. The matter of an increase in wages was brought up by Colby and he was advised to attend the next budget meeting of the Finance Committee when his wages can be discussed fully. Walter Mills will be retiring from the Highway Department on December 31 , and William Hounam who is presently acting Custodian will be reminded that Mills will take over the custodial duties as of Jan. 1. The meeting adjourned at 0:00 P.M. Respectfully submitted , io�r odg�- em G� SELECTMEN' S MEETING DECEMBER 28, 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. The following warrants were signed by the Board: December 28, ##R17 375.00 P23 39,461.79 ##26 14,519.50 January 4 P24 7 ,380.92 #27 89,363.29 A letter from the Assistant Harbor Master, Edwin Sternfelt, re- garding mooring fees for 1983 was received. By a unanimous vote of the Board the mooring fee shall be set at $1.00 per foot. The next matter of business was the Harbor School controversy. The Chairman has stated several times in the past and did state again at this meeting that the town does not, in any way, condemn the children of the Harbor School. He added that it is important to point out here, that the Doyles, who reside on Rolfe' s Lane are not the only complaintants, and as a matter of fact , it was at the request of the Chairman that this hall need not be filled by the abutters or concerned people about the unruliness at the Harbor School. In attendance at the meeting were George Cashman, Area Director of the Department of Social Services ; Diane Anderson from the Regional Office in Middleton; Michael Corbett , Supervisor of the Harbor School , Arthur DiMauro, Chief Administrator, Joseph Doyle and Michael Doyle. . Mr. Cashman introduced Diane Anderson, who is a social worker out of the Regional Office of Youth Services. Miss Anderson gave a report of her recent investigation of the Harbor School regarding the many problems that we are having with the resident youngsters. She said that on December 15th she went •tc the School and she noted at that time that there has been a recent turn over in the staff , and that new youngsters have also been coming in at the same time, The new staff, being unaccustomed to the actions of the new residents, seemed to be the reason given for the upsets during the past 2 or 3 months, according to Miss Anderson. She said that during this period of unrest, there is a staff of 4 to 6 persons to take charge of the 14 resident children. The school is licensed to take in 22 children, but the amount of children has been reduced because of the recent upset at the school. There are no plans to accept any new children until well after the holidays. She added, that regarding the Board of Health report on the unclean conditions 31 Selectmen' s Meeting (Continued) December 28 , 1982 at Building ##24, the school is waiting for funds to renovate the kitchen and laundry and these funds are expected to come through shortly. The Chairman asked how many hours Miss Anderson had spent conducting her investigation. She answered , "The better part of a day" . The Chairman added, "It is the town' s position to look into the complaints that we receive and try to .correct these problems as soon as possible. So far we have not received any assurance that these problems will cease. Now we find that an assault and battery charge has been lodged against one of the youngsters because he hit one of the Counsellors over the head with a 2 x 4 causing injuries which required stitches at the hospital. On other recent occasions , the troublesome ones have assaulted our police officers and damaged our police cruiser by kicking the head lights out and this all happened when the police were responding to complaints by the neighbors. 1. Mr. DiMauro addressed the Board and stated that in his opinion the police should never have been called on several of the occasions and added that in his opinion the matters could have been straightened out within the school. He went on to say that the school has very real internal problems and he addressed the assault and battery charges which were taken out because of injuries to a member of his staff. At this point, Chairman Machiros addressed Mr. DiMauro and said "Well , Mr. DiMauro, you have finally admitted that you really do have problems at the school." Mr. DiMauro stated that the real troublesome boys have been removed from the school and have been sent to other facilities. He said that the count is now down to 14 from 22, and with additional staff he felt that things should straighten out. Selectman Adams addressed Michael Corbett and asked what the normal day was like in the lives of the resident youngsters. Mr. Corbett stated that the boys have their chores to do before breakfast, and after breakfast they have to clean up the kitchen. They attend school six hours a day. They have recreational periods on and off the grounds. They have contact with their families and with trained counsellors and this way they learn to have relationships in an orderly fashion. Free timeconsists of 15 to 20 minutes in the morning and a half hour at noon when they play games. School lets out at 3 P.M. Selectman Adams stated that in his opinion a structured environment is necessary and Mr. Corbett answered "That' s exactly what we're working on now." The Chairman stated that we still have not received any real assurance 33 Selectmen' s Meeting . (Continued) December 28, 1982 that this trouble will cease, and he then addressed George Cashman and ask- ed him what he thought of the situation. Mr. Cashman stated, "Art has the ability and the knowledge to run a first class program. I think that the program will work with the help of my staff in Haverhill, and the Middleton staff. I would like to go on record that I commend the Board of Selectmen for their forbearance and patience. He added, "As a matter of fact, we are not going to allow any more children to be admitted to the School until we iron out the present problems together with more experienced staff , and that with the approval of the Board of Selectmen, hopefully we can get this ironed out by the next meeting." The Chairman then thanked Mr. Cashman for his assurances, adding that the assurances that we have received from Mr. DiMauro have not seemed to be valid. Mr. Cashman answered, "It' s going to be a matter of getting more experienced staff , and I personally will help all I can. You can be assured that before any more children are added , more experienced staff will be added." Police Chief George Riel was in attendance and stated that he is keeping on top of the situation and will continue to check into any com- plaints regarding the actions of the Harbor School youngsters. The meeting adjourned at 9:00 p.m. Respectfully submitted , Doris Hodg ,Seer t r SELECTMEN' S MEETING J.ANUARY 11 , 1983 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. The following warrants were signed by the Board: January llth R18 3,840.00 P25 371506.92 #28 8 ,776.01 January 18th RS 375.00 #29 93,942.12 P26 6,865.96 Mr. Gene Palumbo was present at the meeting. He presented a petition to the Board , signed by Hanover Street and Boston Road residents in regard to the condition of the trucking business on Hanover Street , operated by John E. MacDonald. The petition indicated that the property needed cleaning 35 Selectmen' s Meeting (Continued) January 11 , 1083 up. Mr. Palumbo stated that bulldozers are left near- the road and work is being done every day of -the week. The Chairman stated that the Board has been out to the site several times and each time Mr. MacDonald has been most cooperative and cleaned the place up as best he could. He added - "This area is, after all , zoned for business, and Mr. MacDonald is allowed to operate his business. I do not know what can be done at this point. ele cannot force him to, put up a fence. I think that it is the proper time, Mr. MacDonald , to state just what you intend to,do about this situation. " Mr. MacDonald' s reply was , "We just plan to move some of the equipment out back, once we get the area cleared, but at this time of the year, a lot of the equipment that is out front is for snow removal. We have a lot of trucks that we lease out, and we have more equipment that we have room for right now." At this point , the Building Inspector was asked for his input. He stated, "I have researched the matter and find that the area is zoned for that kind of business. I have talked with Mr. MacDonald , and he has applied for a permit to expand the operation so that he can get a lot of the equipment under cover. Town Counsel advises that we cannot force Mr. MacDonald to put up a fence , and as long as he is trying to keep the place looking neat, there is nothing more that can be done" . Selectman Lowe stated that there have been problems with that area in past years when the property was owned by other individuals." One of the past owners moved everything behind fences and that seemed to help the appearance. He added that if a man has pride in his operation, he' ll keep the place clean. If he doesn' t, he won' t" . Selectman Adams stated that if Mr. MacDonald would put up a fence , he felt that that would help a lot, and he added that personal pride is the main issue here , and Mr. MacDonald has always co- operated in the past. Joseph Stone, a neighbor of MacDonald' s was also pleased at the suggestion that Mr. MacDonald might erect a fence. At this point, Mr. MacDonald was asked if he would agree to put up a fence. Mr. MacDonald answered that he. would put up a fence on the front of his property, adding that he could not afford to fence in the entire area. The Board thanked Mr. MacDonald for his cooperation and the Chairman said that once again he wanted to make it perfectly clear that the Board was in no way forcing Mr. MacDonald to fence in his property and that if he does T. put up a fence it will be purely a voluntary act. A motion was unanimously passed to accept Mr. MacDonald' s statement that he will erect a fence and try to improve the appearance of the property. 37 Selectmen' s Meeting (Continued) January 11 , 1983 In other business, a motion was unanimously passed to rescind the 1.00 per foot mooring fee agreed upon at the last meeting and the matter was tabled indefinitely. The meeting adjourned at 8: 30 p.m. Respectfully submitted, Doris Hodge , Secretary JANUARY 251 1983 There was no Selectmen' s meeting due to theillness of both Chairman Angie Machiros and Selectman James A. Lowe and also the absence of Selectman Alan I. Adams, who was on vacation. The next scheduled meeting i`s February 8, 1983. Doris Hodge , Secretary SELECTMEN' S MEETING FEBRUARY 8, 198:3 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: The following warrants .were signed by the Board: 2/i/83 #31 $ 50-1616.81 . 28P 6, 673.19 2/8 RS 20 2 ,250.00 .32 16,084.34 P 29 38,066.65 2/15 #33 14,717.62 P30 71854.77 RS21 4,480.00 The Harbor School issue was first on the Agenda. Regional Director of the Department of Social Services, George Cashman, was present. He was called on by Chairman Machiros, and he said: "I have made a full in- quiry into Harbor School on Rolfe' s Lane. We went over the staff'. and the population and we are recommending a permanent reduction of children to 18 boys. I have forwarded my recommendation to the Office of Children, and they will be forwarding a licensing study with reference to the children. We will keep the population permanently at 18 and we feel that it will be more manageable." The Chairman thanked Mr. Cashman for his input and 39 Selectmen' s Meeting (Continued February 8, 1983 called upon the Chief of Police for his feelings on the matter. ' The Chief said, "There have been no problems recently. Everything has been very quiet in regard to the Harbor School." Mr. Doyle (A neighbor) was present, and stated, "There has been nothing in the last few weeks, but the popula- tion at the school is only 13 now, and the weather has been bad. ' What about' when the weather gets better and the boys are outside again? Who can tell what will happen then. However, I will say that there have been no incidents for the last 6 or 8 weeks." Mr. Cashman again spoke and said, "We plan to have a reduction from 24 to 18. 13 are now living there and we will be taking in 5 more at one child per week. Each new child will have a full evaluation. I think that if it is done very carefully, every- thing will work out well , and I think that Dr. DiMauro will agree with me. I am very conscious of the financial hardship that dropping to 18 will create, however, I do believe that- the reduction will solve our problems. We fully intend to keep the number of children at 18." Selectman Adams asked if it would be possible for the school to take in one child a month. Mr. DiMauro answered and said "No, we will be taking in one a week and; we feel that even that will be hard .on a lot of children who desperately need to be enrolled as quickly as possible for training. It is extremely difficult to permanently reduce the number of children, at the school' to` 18, however, we will do everything in our power in order to correct all the problems that we have had recently. We will be taking in one child' a week for 5 weeks. We now have 13 children and these five will make up the 18 t,:I�, which we have mentioned. We need to respond to these children as goon as possible as they desperately need to be admitted to our school.tor training." Chairman Machiros then said, "We commend you gentlemen for the type"of work that you are doing. We are certainly not condemning the children, nor do we wish to harass you gentlemen in any way. I also want to add that you have been overly cooperative. However, could you give us any assurance as to what will happen in the future if there are any further incidents. Do we have your assurance for immediate action in case any other incidents happen" . Mr. Cashman answered, "We will come right down and find out what is happen- ing by talking with Dr. DiMauro, in order to determine what happened, and we will take steps to correct the situation immediatly. My office is the lead office as far as Harbor School is concerned, because the school is . within my area. I still remain the director of the area, and therefore we will review it again the spring, together with the Office of Children." 41 Selectmen' s Meeting (Continued) February 8, 1983 The Chairman stated, "I make a motion that we continue under the guidance of Mr. Cashman and Mr. DiMauro, and go along with Mr. Cashman and Mr. DiMauro' s suggestion." This motion was unanimously passed. In other business, Mrs. William Dunn, Orchard Street, was present in regard to a discussion which was going to take place regarding her dog running loose and killing chickens belonging to Mr. & Mrs. Kriegle who also reside on Orchard Street near the Dunns. The Chairman called on the dog officer, Richard Cunningham, and asked him to give the Board a' run- down in regard to the recent problem involving the dog belonging to Mrs. Dunn. He said that Mrs. Dunn has two dogs,"they are licensed but never tagged" . "One of them has killed some chickens at the Kriegle home and I .have seen the evidence. I have been to the Dunn house. No one is home usually, so after I tried four different days, I called the house last night and told Mrs. Dunn I would be in here tonight and tell the story, and see what the Selectmen had to say" . "She accused me* of harassing her" . Mrs. Dunn was called upon and she stated that she was aware of the dog killing the chickens and she had been in. contact with Mrs. Kriegel and told her that she would pay for damages. She said that Mrs. Kriegel said that she would get back to her but so far she hadn' t. Mr. Cunningham was asked for his recommendation. He said that the Board could hold a hearing, and order the dog be destroyed, or restrained, or dismiss the case. He 'added that he would like to hear Mrs. Dunn state what she intends to do. Mrs. Dunn stated, "I agree to restrain the dog". Mr . Cunningham replied, " "I would be satisfied to give it a. shot" . The Chairman made a motion that we go along with Mrs. Dunn' s promises, and also Mr. Cunningham' s - recommenda-tion. The motion was carried unanimously. Mrs. Elizabeth Armstrong, Chairman of-the Historic Commission, was present and stated that the 350th anniversary of the town will be celebrated in 1985. She said that two years is not much time to prepare for the celebration and wondered if the Selectmen would be interested in contacting - different people in Newbury who would like to participate in the activities. The Chairman stated that he would be more than happy to set up a meeting right after the Town Election, April 23rd. L. Donald Phillips was present and asked the Board if he might buy a twenty (20) foot piece of land adjacent to his property on Old Point Road, that the town owns presently. The Board informed Mr. Phillips that no town owned land has ever been sold, and therefore they unanimously denied his request. They also stated that it was nothing personal against Mr. AA Selectmen' s Meeting (Continued) February 8, 1983 Phillips but if they changed the policy of the town now, it would certainly open up a can of worms. They also stated. that it is on record that Foster Fenton has first refusal of that particular piece -of land. Mr. Phillips stated that he was not at all disappointed, and he merely thought the town might be willing to sell the piece of land to him for a token fee. The meeting adjourned at 8: 50 p.m. Respectfully submitted, Doris E. Hodge, Secretary SELECTMEN'S MEETING FEBRUARY 22, 1983 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. The following warrants were signed by the Board: Feb. 22nd RS 22 37.5.00 P .#30 41 ,793.59 #34 64,660.52 March 1 #35 17,080.77 P #31 7,839.86 R 23 414.40 David Foley was unanimously appointed by the Selectmen to serve as a member of the Board of Fire Engineers. The dog hearing which was scheduled to be heard at 8:00 p.m. involving a dog owned by Donald Marr of Plum Island and the complaintant Stephen Headley also of Plum Island , was settled between the parties prior to the hearing according to the Dog Officer Richard N. Cunningham. The Chairman requested that an agreement be drawn up and signed and this was taken care of by the Dog Officer. Both parties- signed the agreement which read that Donald Marr agreed-to properly restrain his dog and he also would. make .financial restitution to Mr. Headley for expenses incurred in connection with the dog bite which occurred on February 8th. ' Mr. Headley agreed to withdraw his complaint. The signed agreement is on file. The snow removal account was .discussed with Highway Supt. George Pollard. Due to the heavy expense--of the last bad snow storm, a transfer of funds is necessary at this time. in the amount of $3'1960.00. Joseph Higgins from Byfield was appointed by the Board as a +part-time Police Office (6 months probationary period) . The meeting adjourned at 8:45 p.m s ectf m �te-d�, SELECTMEN'S MEETING MARCH 8, 1983. The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectman Alan I. Adams and James A. Lowe were present. The following warrants-. were signed .by the Board: February 22nd RS 22 375.00 P #30 419793.59 #34 64,660.52 Marc# 1 #35 17,080.77 P #31 . 7,839.86 R 23 414.40 A hearing was held for the intention of laying out Pearson Drive in preparation for its acceptance at the . Town..Mipeting. The condition of the road was discussed at length with good reports from all sides and no complaints registered. The hearing was closed and the matter was taken under advisement. The hearing was then opened and Selectman Adams made a motion .that the Board sign the plans for the acceptance of Pearson Drive. The motion was passed unanimously. By a unanimous decision of the Board, it was voted to have Port Engineering draw up a set of plans for a launching area on Parker River. Paul Turbide will oversee the project and do the engineering and we will use local help to keep the cost at a minimum. The problem of outsiders using the Newbury dump was discussed. We will look into the possibility of having a man stationed at the site 3 days a week, 8 hours a day, with the hope that this would insure that only Newbury residents are using the facility. Mrs. Elizabeth Banus was present at the meeting. She addressed the Board and said that she has- been doing quite a bit of research and asked if the town would like to participate in registering with the U. S. Nuclear Regulatory Commission. By doing so, we would insure our chances of expressing our concerns about the gdequacy of the emergency evacuation plan. There is no-.-charge connected with this and if we wish to participate we should send our request to the Nuclear Regulatory Commission in Washington. There will be a special town meeting on March 22nd at 7:00 p.m. for the purpose of , acting on the Warrant. The meeting adjourned at 8: 50 p.m. Respectfully submitted, Doris Hodge, Secretary A'7 SELECTMEN'S MEETING MARCH 22, 1983 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. The following warrants were signed by the Board: March 8th #36 18,962.27 33 38,191.82 RS 24 3,840.00 15th 37 34,063.22 34 7,441.26 RS 25 14.89 A motion was unanimously passed to put an ad in the paper for a part=time attendant at the Newbury Dump - 3 days a week, at $4.00 per hour. "Knowledge of Local residentshelpful". Verne Noyes was present along with the Shellfish Constables. A letter was presented to the Board regarding rules, regulations and fees pertaining to the Clam Flats. Selectman Adams made a motion to take the matter under advisement and the motion was passed unanimously. The Chairman read a letter from L. Donald Phillips, pertaining to a legal opinion on the recent property purchase by the said Mr. Phillips at the corner of Plum IsIand Boulevard and Northern Boulevard. It was the Chairman' s feeling that since the property was purchased from Town Counsel' s partner; and after the full Board conferred with Mr. Lagoulis this evening, it was the opinion of Town Counsel that he could not give a written opinion because of the possible conflict of interest which may result , and he would withdraw because of this reason. The Board was in full agreement with. this and at this point, a motion was made by Selectman Adams that the name of John Healey of Amesbury beconsidered. The motion was seconded by Selectman Lowe, and before it was made unanimous, Chairman Machiros stated that we hope we do not have to get " 'i:ntb litigation, and that we can clarify this matter of Mr. Phillips' request pertaining to the validity of the licenses and the Board of Health The Board will contact Mr. Healey to see if he will handle this case for the Town as Special Counsel in the event that his services are needed. A telephone call has been received from Mark O'Brien of the Secretary of State' s Office (Public Records Department) in regard to the that John McDonald vs. Becker case. Mr. McDonald is complainingbe,� he cannot obtain records that refer to his case with Becker. Chairman Machiros stated to Mark O'Brien that once Mr. McDonald hired a lawyer and the case went into litigation, the town was obligated to put the matter into 49 Selectmen' s Meeting (Continued) March 22 , 1983 the hands of Town Counsel , and in order to insure the privacy of both parties, any request for records should come from the lawyers in the case and be handled by them. Chairman Machiros further stated at the meeting that Town Counsel has been asked to answer Mark O'Brien in respect to McDonald' s latest complaint. Conservation Commission member Barbara Peabody presented an application form regarding the Agricultural Preservation Restriction Act, (Melville A. Pratt, Hay Street, Newbury, Applicant) . By a unanimous decision of the Board , the matter was taken under advisement.. The matter of the Town Landing project at Parker River was discussed with Paul Turbide, Engineer. Following the discussion, Mr. Turbide stated that he will be meeting at the site-tomorrow at 1:00 o' clock with a Marine Fisheries representative. Selectman Adams stated that he will also be at the meeting. The matter of the Shellfish regulations was once again brought up , and a motion was unanimously passed that we stay with last year' s regulations. On Chief Riel' s recommendation, the Board appointed present reserve officers, Scott Bucuzzo, David Pare and Gary Clifford (having completed their six months' probationary period) to serve through June 30, .1983. The meeting adjourned at 8:45 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN'S MEETING APRIL 12, 1983 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. The following warrants were signed by the Board: March 22 R26 21.00 P36 39$346.72 38 11 ,692.10 March 29 39 23,448.99 36 7,183.29 RS27 375.00 April 5 P37 37 ,756.34 40 10,955.07 R28 8.80 A group of clammers were present along with Shellfish Constables. Rules and regulations were once again discussed. A request from Fish 51 Selectmen' s Meeting (Continued) April 12, 1983 Commissioner Verm' Noyes, that the Board reconsider a counter proposal with significant modification for the digging of the clam flats was unanimously granted by the Board. Ben Pearson was present 'and requested permission to apply for a Septic System repair Permit in order to update the "two holer" , which is now in existence at his snuff mill in Byfield. Mr. Pearson does not have enough land around his mill to meet the requirements of the local board of health, and therefore, his request was denied. At 8:00 p.m. a public hearing was held to hear the proposed uses of the Revenue Sharing Funds for Fiscal 1984. Charles Waterman, Finance Committee Chairman was present and explained how the revenue sharing money will be spent. There was no opposition voiced, and the hearing was closed. The hearing was then opened and the Board unanimously accepted the figures as presented by Mr. Waterman. Attorney smith was present with his client Constant Christuk who resides on Sunset Blvd. , Plum Island , in regard to the roadway steadily encroaching onto his land. He has had his land surveyed and wondered if something could be done as soon as possible so that his bounds could be made clear to the public; the roadway could be corrected; and cars wouldn' t be using his property as part of the road. The Chairman, to- gether with the Chief of Police, and Mr. Christuk will meet at the site tomorrow afternoon to see what can be done to correct the problem. A letter has been received from a State .Official informing the Board that Tree Warden Bob Colby does not have a license to use pesti- cides. Bob _Colby was present and when questioned about his not having a license, he said that he had already made arrangements to get the required license, and it was just a matter of time now. Until he does get the license, the Board informed Mr. Colby not to use any pesticides. The Board signed the Scotland Road Project Traffic Control Agree- ment; and they also signed the procedure in laying out Old Point Road and Sunset Drive Project, which documents were sent to this office by the County Engineer' s Office. Rubbish Collection at Plum Island will once again be taken care, of by Chuck Bear. Collections will start May 25 and will be on Wednes- day and Saturday through October 29th. The Board unanimously accepted the pay schedule drawn up by the Personnel Board. The meeting adjourned at 9:00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN'S MEETING APRIL 26, 1983 The Selectmen' s meeting was held at 7: 30 p.m. The Board reorganized. Chairman Angie Machiros will serve as Chairman again next year and Selectman James A. Lowe will serve as Clerk. Selectman Alan I. Adams _was also present. Mrs. Elizabeth Banus was present and talked to the Board about forming a committee of perhaps 6 or 8 persons who would channel the feelings of the Town at the various meetings that are held with reference to the evacuation plan. She said that this would be an organized way for the Town to have input at these meetings. The Chairman stated to Mrs. Banus that we have not yet received an evacuation plan from Costello and Lamazni, therefore it is impossible to evaluate any typ:eLof plan until we do receive it. The Chairman added that"we do want an opportun- ity to review it with the proper officials that are responsible before we can even make any comments or even consider forming a group as you have outlined" . Attorney Smith and his client Constant Christuk were present. Mr. Christuk has been at previous meetings with reference to a problem he has with vehcles,-using part of his property as a roadway. After dis- cussing the situation, the Chairman stated that if Mr. Christuk would accept a compromise, curbings can be laid temporarily so that the cars will be directed away from his land, and when the Old Point Road and Sunset Drive roadway project goes through, conditions will no' doubt be improved at that time. Mr. Smith and his client were agreeable to compromise and by a unanimous decision of the Board the temporary curb stones will be laid. Chairman M.achiros, acting for the Board of Health, requested an opinion from the Byfield Water District concerning the granting of a variance from the Board of Health Regulation 74-1 , which pertains to set-back requirements for the sewerage disposal systems along the fresh water portion of the Parker Rive, including tributaries and streams. The letter, which was sent to the Byfield Water District Commissioners also asked if they would favor any type of variance for an existing antiquated system in said area in order to update and comply with Title 5 with the exception of set back requirements. An answer was received from ,Chairman of Byfield Water Commissioners, James. A. Lowe. He stated that the Board is unanimous in its full support of Regulation BH 74-1 , and will use every means available to oppose any effort to vary or waive Selectmen' s Meeting (Continued) April 26, 1983 any part of it. The letter of reply went on to say, "as you know, we have been in the process of exploring for an extra supply of potable water to supply the ever increasing demand, with little or no success, and we are fully aware that as a last resort, we will have to use the river as our supply, consequently we view any threat of contamination with alarm. We trust that your Board will share our concern in this matter" . A letter was also received from the Clerk of the Byf ield Water District, Bernice C. Ward. The letter stated7fUt the April 13th meeting of the Byfield Water District, the Board of Commissioners were unanimous in its feelings that no variance regarding the requirements regarding sewerage along the banks of the Parker River ever be granted since at this time, the Board feels that at some future date, the Parker River may be used for consumption." By a unanimous vote of the Board, it was agreed to table this matter. The Chairman stated, "As you know, we have a new Tree Warden, Peter Hollis, who is replacing Bob Colby." The matter of the present Moth Supt. , Robert Colby, was brought up. It was brought to the attention of the Board, that the° correct title is Local Superintendent of Insect Pest Control , which also covers Dutch Elm Disease, Web Worm and Gypsy Moth, as outlined in Section 132-13, General Laws. Selectmen shall appoint said position for the term of three years. Since the Board was aware of the fact that Mr. Colby does not have a supervisory license or a license to use pesticides which is required under the law, a motion was made by Selectman Adams to appoint Peter Hollis as Local Superintendent of Insect Pest Control , for a term of three years. The motion was seconded by Selectman Lowe and the Chairman made it unanimous. It was also suggested by the Chairman that a letter be sent to Mr. Colby from the Board explaining their decision with acopy of the laws attached. A motion was unanimously passed to go along with the recommendation of the Parking Clerk, Louise Ziehler, regarding "flaggings" (prohibiting the renewal) of licenses and registrations of persons who fail to pay the parking fines assessed against them. By a unanimous decision of the Board, Jiffy Johns will again be installed this summer at Plum Island. A motion was unanimously passed to appoint Ronny Pearson as Acting Highway Superintendent until Supt. George Pollard returns to work. Mr. Pollard is presently recuperating from back surgery. Selectmen' s Meeting (Continued) April 26, 1983 At 8:00 p.m. a public hearing was held regarding tax classification for Fiscal Year 1983. Assessor Charles Bashaw was present at the hearing and recommended to the Board that there be one rate for all classes of property owners. The Chairman asked if anyone present was against this recommendation. No opposition was voiced and the hearing was closed. The hearing was then opened, and Selectman Lowe made a motion to accept Mr. Bashaw' s recommendation. Chairman Machiros seconded the motion, and Selectman Adams made it unanimous. The Following Warrants were signed by the Board: April 12 #41 28,254.74 P38 8,429.42 RS 29 4,221.45 April 19 #42 47,698.17 P39 36,7 52.38 The meeting adjourned at 9:00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN'S MEETING MAY 10, 1983 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Board: April 26th #4 3 116081.14 P40 9,801.86 . RS 30 392.26 May 3rd P41 37 ,041.10 #44 21 ,514.64 R31 615.00 Mr. Gaylord Burke was present and addressed the Board. He said that his purpose for attending the meeting was to make himself known as the new Executive Director of Merrimack Valley Planning Commission. The Chairman welcomed Mr. Burke and asked if the Commission had any long range plans. Mr. Burke stated that transportation seemed to be the main issue that the Commission is focussing on at the present time and he will be sending memos letting us know what happens at their meetings. Selectmen' s meeting (Continued) May 10, 1983 Mrs. Gerry Madigan Dorr was present, and was given permission by the Board to have the Yankee Home Coming Parade disperse at the Newbury Green. The parade will start at Moseley Avenue in Newburyport. There will be about 20 to 25 busses and they will be parked along the Green on one side only (not on the High Road side. Mrs. Dorr will be responsible in seeing that the Green is left in good order. Atty. Francis Leary was present with his client L. Donald Phillips. Mr. Leary addressed the Board and stated that he would like to request a double transfer of a license at 31 Plum Island Boulevard, Newbury. He said, "#l. George W. Clark, Jr. would like to transfer his right, title and interest in a certain Common Victualer' s license, Sunday License and Milk License to L. Donald Phillips and Dorothy G. Phillips of Newburyport. Said licenses were issued to Mr. Clark by the Town of Newbury, at and for the business address at 31 Plum Island Boulevard, Newbury. #2. L. Donald Phillips would like to transfer his right , title and interest in a certain common victualer' s license, Sunday license and Milk license to Norman Burgess of Newburyport." The Chairman stated that "before we can even consider transferring the license, a plot plan of the present septic system for its intended use, i. e. , (Common Victualer' s License) , should be presented to the Board of Health or its .Agent." At this point, a motion was unanimously passed to forward all information and requests to Special Town Counsel , John Healey. The Planning Board has requested that the Board of Selectmen appoint Elaine Byrne (their new member) , as a Conservation Commission Delegate. This request was unanimously granted. Richard Cunningham , Dog Officer, addressed the Board and said that perhaps the Board of Health can set up a time for having a rabies clinic. The Selectmen' s secretary will contact Dr,. Lyons tomorrow and ask if he can be present at the Town Hall next Wednesday afternoon, May 18th. .A copy of a letter addressed to the Building Inspector, David Caldwell , regarding the Becker matter has been received from Town Counsel James Lagoulis, in which he states: ".As a result of a hearing before Judge Murphy, sitting at the Superior Court Session in Peabody last Thursday, the Court has lifted the injunction against the Town which is presently in effect. Therefore, the Town is at liberty to proceed with the settlement of this case. It is my understanding that you have been or will be contacted by Mr. Becker with the request to issue a building permit for a single family residence, garage and shop. This is to �l Selectmen' s Meeting (Continued) May 10, 1983 advise you that you are now at liberty to issue such a permit should you find that Mr. Becker meets all of the applicable requirements for the issuance of the same." Assessors Charles Bashaw, Henry Becker and Worthen Taylor were present and Mr. Bashaw addressed the Board in regard to the hiring of a full time assessor. The position will be advertised locally and also in the Trade Journal. The Board of Assessors and the Board of Selectmen will jointly take all applications into consideration. The Personnel Board will also be contacted for any input they might have. Upon Chief Riel' s recommendation and after reviewing his resume, the Board unanimously appointed Tom Rice of Ipswich as a Reserve Police Officer, (6 months probationary period) . The following jurors were chosen: Harry M. Barnes Lawrence Court 36 Orchard Street Byfield, Ma. Barbara Lorene Newburyport, Court 3 Little' s Lane Newbury Robert D. Nicholas Salem Court 24 Moody Street Byfield Diane M. Poulin Salem Court 192 High Road Newbury The meeting adjourned at 8: 55 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN'S MEETING May 24, 1983 The Selectmen' s meeting was held at 7: 30 p.m. Chairman An Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Board: May loth ##45 19,828.79 RS32 4,160.00 P42 8,231.67 May 17th #43 36,835.32 RS33 95.15 ##46 68,392.14 63 Selectmen' s Meeting (Continued) May 24, 1983 Clifford Willey, owner of property at 29 Plum Island Boulevard, Newbury was present and presented to the Board a letter written by his attorney Daniel J. Rull . The letter referred to L. Donald Phillips and his intention to open a "take out or eat in restaurant" at 31 Plum Island Blvd. , to which Mr. Willey is in opposition. The letter will be forwarded to Special Town Counsel , John Healey, who is handling the matter for the town. Philip Dirago was present. He requested, and was denied permission to sell fruit from an open cart at Plum Island. The* entire Board felt that l. • It would be a definite safety hazard, and 2. The Island storekeepers rely heavily on the summer trade, and Mr.. Dirago' s operating from a cart would really cut into their business. Patricia'Nastasia requested permission to use the green on six consecutive Monday evenings for a girls softball game. The members are Newbury residents. Permission was granted. By a unanimous decision of the Board, it was agreed that the Newbury Dump will remain open on all Mondays, even though some of those Mondays may be holidays. Attorney Francis Leary and his client L. Donald Phillips were present at. the meeting seeking permission to open a "take out or eat in restaurant" (Mr. 'Phillips stated , "more of a sit down restaurant, than a take out" ,) at 31 Plum Island Blvd. The present septic system was discussed. Selectman Lowe stated, "I don' t believe that the present system has been used for six years or so" . Mr. Phillips stated that if there was any problem with the present system, he would have a workable system. within twenty-four hours. Attorney Leary stated, "We have no land problem as Mr. Phillips owns the parking lot adjacent to the building referred to." Selectman Lowe stated that a 1 ,000 to 1 ,500 gallon- tank and leaching field would be necessary. The Building Inspector was present,and asked Mr. Phillips if there were any alterations being made at this time. Attorney Leary answered, "only cosmetic" . The Building Inspector then asked, "Would you mind if I made an inspection?" Mr. Phillips asked, "What hat will you be wearing?" Mr. Caldwell replied, "That of a Building Inspector" . He will make his inspection tomorrow. A telephone hearing regarding burying the cables at Plum Island was held. Mr. Gagan, representing the Telephone Company was present at Selectmen' s Meeting (Continued) May 24, 1983 the meeting and stated that it was the company' s opinion, that in his opinion, removing the aerial cables from the poles would improve the efficiency of the telephone service. Town Clerk Ralph Lowell stated that all abutters were notified and all were in favor. There was no opposition voiced at the meeting, however, the Chief of Police wanted to be assured that the work would be completed before the 4th of July, or started after Labor Day. He had the assurance of Mr. Gagan that the work will be completed by June 30th. The Chief was satisfied with Mr. Gagans answer. The Chairman stated to Mr. Gagan that he wanted to make sure that the sub-contractor will speak to each homeowner to find out where their water lines are before the trench is dug in front of their home, so that the water lines won' t be broken unnecessarily. Mr. Gagan said there was no problem, that the owners would be contacted in order to determine where their water- lines are. A motion was made by Selectman Lowe, seconded by Selectman Adams and made unanimously by Chairman Machiros to take the matter under advisement and close the hearing. Selectman Lowe then made a motion to grant permission with the stipulations mentioned, and Selectman Adams seconded this motion and Chairman Machiros made it unanimous. Bids for a Plow and Sander were opened at 8:40 due to the pressing agenda which caused the 40 minute delay. Only one bid was received on an Oshkosh Snowfighter truck from Andrew Avelis, Jr. for $6,950.00. Acting Highway Superintendent Ronnie Pearson addressed the Board and said that in his opinion it is a very good truck and would certainly be a wise investment for the Town. By a unanimous agreement of the Board, a bill of sale will be drawn up for the purchase of the 1962 Oshkosh Snowfighter Truck. Regarding public Safety, Selectman Lowe read a letter that has been written by Fire Chief Wallace Pearson, in which he gave his opinion regarding self-service gasoline stations. He statedin his letter that he felt they were definitely a fire hazard and in general , a public safety hazard. Selectman Lowe made a motion that the Board adopt a public safety regulation banning the use of self-service gas stations in the Town of Newbury. Selectman Adams seconded the motion and Chairman Machiros abstained from voting because of his personal business interest, but he stated, "however, I am in complete agreement with the recommendation of the Fire Chief" . The meeting adjourned at 9: 30 p.m. Respectfully submitted, Doris Hodge , Secretary 67 SPECIAL SELECTMEN' S MEETING JUNE 2 , 1983 A special Selectmen' s meeting and workshop was held at 7:00 p.m. to discuss the affairs of the Town. Chairman Angie Machiros opened the meet- ing. Selectmen James A. Lowe and Alan I. Adams were present. At 7:10 the Chairman stated , "One of the matters to be discussed this evening is in regard to the ambulance service, and is personal in nature and in my opinion constitutes an Executive session. Selectman Adams made a motion that we go into Executive Session. This motion was seconded by Selectman Lowe and Chairman Machiros made it unanimous. At 8:10 p.m. Chairman Machiros re-opened the meeting. The results of the Executive session are as follows: Selectman Adams stated, "I so move that as `of July 1st, AM Care be awarded the ambulance service for the Olde Town Section of Newbury for the sum of $4500.00". .Selectman James A. Lowe seconded the motion and Chairman Machiros made it unanimous. The Board will send Peter Poor a certified letter tomorrow stating that the Town of Newbury has awarded the ensuing year' s ambulance service to AM Care as of July 1 , 1983 to June 30, 1984, and will thank him for past service to the town. A letter will also be sent to AM Care informing them of the Board' s decision, with the suggestion that Mr. Powers, who operates AM Care, get' in touch with Fire Chief Wallace Pearson, to work out any details that would insure the smooth operation of the Ambulance Service. In other business, the matter of the land belonging to John Karahalis being sold to the Greenbelt Association was discussed. The Chairman has had discussions with a representative of the Greenbelt Association who has agreed to do all the necessary paper work, and with this stipulation, together with the stipulation that the State pays 80°i and the Greenbelt Association pays 20•0, meaning there will be no expense to the town whatso- ever, the Chairman said that he thought that he thought we should go along with the Greenbelt Representative, and said, "I recommend that they give us a progress report, before any signatures are given by this Board." Selectman Adams made a motion that was passed unanimously that "We go along with the Greenbelt buying the land." In other business, the Chairman stated , "We are all aware of the "Cease and Desist Order" at the Phillips property, 31 Plum Island Blvd. , U� Selectmen' s Meeting (Continued) June 2, 1983 which the Building Inspector has issued, and which still remains in effect. He added, "There are now three lawyers involved in this" . The Board will ask our Special Town Counsel , John Healey, to be present at our next meet- ing June 14th, when the matter will again be brought up and discussed. Chief Riel asked for permission from the Board to arrange for eight lifeguards to be stationed at Plum Island this summer. Selectmen Lowe said, "I move that those people George recommends be appointed" . This motion was carried unanimously. The Chief also requested that the Board appoint Carol. Scholtz and Wallace Ziehler as Reserve Officers. The request was unanimously granted and the appointments were made with a six months' probationary period. The subject of the absence of Highway Supt. George Pollard was brought up. The Board has had no communication whatsoever from Mr. Pollard as to the progress he has made since his back operation. Selectman Adams suggest- ed that maybe we should call or write to George to find out how he is. Selectman Lowe said he would go along with the Board' s decision. It was unanimously voted to write to George and ask him for a physical report from either him or his doctor about his progress. Selectman Lowe stated that there are bees in the School House at the Lower Green (in the eaves) . It was unanimously voted to ask Phil Knapp to go down and see that the situation is corrected. The meeting adjourned at 9: 30 P.M. Respectfully submitted, Doris Hodge, Secretary 7t1 SELECTMEN'S MEETING JUNE 14, 1983 The Selectmen' s Meeting was held at 7: 30 p.m. Selectman James A. Lowe opened the meeting in the absence of Chairman Angie Machiros. Selectman Alan I. Adams was present. The following warrants were signed by the Selectmen: May 24 th P44 9,24 3.69 RS 34 37 5.00 W47 214,309.59 May 31st P45 37,361.26 Rs35 453.95 W48 22,669.90 June 7th W49 29,9O8.49 P46 7,290.51 R36 786.00 Mr. Parker Avery was present and spoke to the Board about a piece of land that he owns on Pine Island Road. He said the land isn' t much use to him as the Planning Board has informed him that there is a very good chance that the land cannot be built on, as they felt sure that the Conservation Commission would never allow building in that area. Mr. Avery was advised to contact the Conservation Commission to see just what their feelings are and they he would know what direction to go in. He did say that if it turned out that the land could not be used to build on, he would perhaps be interested in turning that particular parcel over to the town so that it would not be a tax burden to him (or to his heirs) . The parcel is about 8 3/4 acres. He will be in tough with us again. L. Donald Phillips was present at the meeting. His lawyer was unable to be present. Attorney Nicholas DeCoulos, together with his client, Mrs. Petrowski (the person who does intend to operate the restaurant) were both present. Mr. DeCoulos sought to obtain licenses and permits so that his client might be able to open the restaurant. Our Special Town Counsel , John Healey was present and stated that he has received information that a woodworking shop occupied the building in question, and if that is correct, that would change the opinion that he now has. Building Inspector Caldwell was called on for his input and stated that he went down to the location and found that more than cosmetic alterations had been made. He said the Cease and Desist Order is still in effect. At this point, Acting Chairman James Lowe stated that whereas a full board was not present, he would move that the matter be taken under advisement. Attorney DeCoulos then stated "The season at the Island is short. I would like to apply for a Common Victualer' s license. Is there any chance for a special meeting. Selectman 73 Selectmen' s Meeting (Continued) June 14, 1983 Adams stated that the septic system must be taken care of first. Mr. Healey stated that a registered engineer' s plan should be submitted as soon as possible. Mr. DeCoulos asked "What other applications will you be looking for other than a Common Victualer' s License and a building permit?" Mr. Caldwell answered "There has to be ,a determination" . Mr. Phillips said "We want to apply for a building permit. We want to start working tomorrow." Mr. Caldwell stated, "Before I can issue a Building Permit, I have to have it in writing that there is an adequate septic system and on lot water. Selectman Adams said "I move that we take this matter under advisement." Acting Chairman Lowe seconded the motion. At 8 p.m. b. public hearing was held regarding the Massachusetts Electric Company seeking permission to install a pole on Low Street. No opposition was voiced. The Town Clerk spoke in favor. The hearing was closed. When resumed, Selectman Adams made the motion to grant permission and Acting Chairman Lowe seconded this motion. The meeting adjourned at 8:15 P.M. Respectfully submitted, Doris Hodge Secretary SELECTMEN' S MEETING June 28, 1983 The Selectmen' s Meeting was held at 7: 30 P.M. Chairman Angie Machiros opened the meeting. Selectmen James .A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: June 14, 1983 #50 10,500.21 #47 38,743.85 #R37 96.00 June 21 , 1983 #51 50,917.93 #48 9,389.62 #R 38 11 ,946.00 Mr. L. Donald Phillips, along with John DeCoulos, a Registered Engineer, were present. John DeCoulos presented a plan which he had drawn up for a septic system on Mr. Phillips property at 31 Plum Island Blvd. The Board inspected the engineer' s plan,and it will now be turned over to Special Town Counsel , John Healey for his inspection. Mr. Healey was not at the meeting. Attorney Nicholas DeCoulos, together with his client, Mrs. Petrowski, were present, and Mr. DeCoulos indicated that a common victualer' : license could now be issued so that his client could begin operating the Selectmen' s Meeting (Continued) June 28, 198310 restaurant . Atty. Daniel Rull was also present, along with his client , Clifford Willey, who is an abutter of the Phillips property. Mr. Rull presented an affidavit that was signed by one Peter Southard. The affidavit read that Mr. Southard had rented the building at 31 Plum Island Blvd. , and paid rent to one George Clark each month from July, 1981 to January, 1983. He used the said building for the purpose of building canoes. Mr. Phillips stated that he bought the property from George Clark rand would now like to have the license made transferable. Bldg. Inspector David Caldwell stated that the zoning problem has to be addressed, and he would strongly suggest that it be referred to our special town counsel. Chairman Angie Machiros addressed Mr. Phillips and told him that he must have a statement from Mr. Phillips in writing assuring the town that he will not open any take out windows, or conduct any business from the Plum Island Blvd. side of the building (with public safety in mind) . It was unanimous- ly voted to take the matter under advisement and to turn the matters discussed at this meeting over to special town counsel John Healey. At 8:10 p.m.. the road material bids were opened and read. By a unanimous vote of the Board , the bids were taken under advisement. They will be reviewed by the Acting Highway Supt. Ronald 0. Pearson, and decisions will be made at the next Selectmen' s meeting, July 12th. Appointments for the next fiscal year were made and are on file in the Selectmen' s office. The meeting adjourned at 9:40 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JULY 12 , 1983 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present The following warrants were signed by the Selectmen: June 28, 1983 #52 162,675.40 P49 120,945.97 July 5, 1983 W1 63,350.97 P1 19161.67 Regarding the Phillips matter, Attorney Nicholas DeCoulos was present along with his client Mrs. Petrowski. Mr. DeCoulos read a communi- cation fromrGeorge Clark to Mr. Phillips which read as follows: 77 Selectmen' s Meeting (Continued) July 12, 1983 "This letter is to confirm our recent conversation. As I explained to you , during a period of approximately eighteen (18) months prior to the time I sold my property on Plum Island to you, I rented the property to a gentleman by the name of Dennis Dowling, who utilized the rear portion of the build- ing for dead storage. Throughout the period of my ownership of the building, I continually renewed and maintained the common victualler' s license which was issued by the Town of Newbury for the premises. It was never my intention to abandon that use, nor was the building ever converted to any other use during the time of my ownership." Mr. DeCoulos suggested to the Board that in light of the communication that he just read, he would suggest that the Board keep the common victualer' s license under advisement. At this point, Mr. Phillips addressed the Board and said that he felt that two of the Board, Selectman Adams and Selectman Lowe were decent, honest people. He said that he felt that those two men would help him by telling him just what he needed to do to prepare for the opening of his building as a restaurant. He went on to sayl�..that he suspects fraud in this case and he has been in contact with Belotti' s office as he intends to pursue the matter until he finds out just what it takes to have the building that he owns put into operation as a restaurant. Building Inspector David Caldwell was called on for his input. He stated that on July 8th he wrote to Mr. Phillips and his letter read as follows: "The application for a building permit for alterations to your property' at 31 Plum Island Blvd. for a take out and restaurant is hereby denied for the following reason: Factual evidence '-has been presented to this department that the use of said building or structure during the period of July, 1981 to January, 1983, was for purposes other than the non-conforming use covered by licenses and permits previously issued. It is hereby determined that to resume the previously non-conforming use for the retail sale of food, is in violation of the town of Newbury Zoning By-Laws, and the use of said building or structure would have to conform to Newbury' s Zoning By-Laws presently in effect. Your right to appeal from this decision may be made in accordance with the Commonwealth of Massachusetts Statutes (Chapter 40-A) , and the Town of Newbury Zoning By-Laws." Mr. Phillips disagreed with the Building Inspector' s determination. Mr. Caldwell then stated that since July 8th he had received a copy of Attorney John Healey' s opinion that was sent to the Board of Selectmen 79 Selectmen' s Meeting (Continued) July 12, 1983 on July llth. Chairman Machiros stated that Mr. Healey' s opinion read as follows: "It is my opinion that the use of the property at a site for the manufacture of canoes terminated the previous non-conforming use and the proposed present or future use of the property as a restaurant or food stand is in violation of the Zoning By-Law of the Town of Newbury" . Mr. Phillips spoke again.;. and said that he had talked with George Clark, and he told him exactly what the building had been used for and that was for storage in the back part. He further said that Mass Electric,'�said that no power has been in the building for three years. At this point, a motion was unanimously passed that Mr. Phillips' next step is to go before the Board of Appeals. The next matter of business was regarding cables which have been installed around the Southern Boulevard (Parcel A) section. This area has been so congested with people parking cars that it has been impossible for an ambulance or a fire engine to get through. The cables were really necessary in order to correct the congestion as soon as possible in case an emergency arose. Mrs. Josephine Galvanek was present and stated that she was not in agreement with the installation of the cables. She also added that a red semi van was parked illegally on the Mooers' property which is adjacent to hers, and should be removed. Mr. Caldwell was once again called on for his opinion. He stated that someone has to make a determination:: as to what the vessel is. Mrs. Galvanek stated that she would like to see it removed. Norman Burgess, together with Mrs. Petrowski voiced their opinion and said they too would like to see the van out of there. The matter will be looked into.. By a unanimous vote of the Board, Charles K. Bosworth was appointed to serve on the Personnel Board. The Board unanimously approved of raising the three hundred dollar a year salary of Richard Cunningham. Mr. Cunningham has charge of disposing of dead animals in the town. His salary will be $400.00 per year and this will come under the Board of Health account. At Chief Riel' s request and after consideration, the Board unanimously appointed Timothy Leonard as a part time dispatcher with a six month probationary period. The meeting adjourned at 8: 30 p.m. Respectfully,;submitted, Doris Hodge, Secretary '31 SELECTMEN'S MEETING JULY 26, 1583 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: July 12, 1983 W2 13,787.80 P2 18,242.67 RS1 89096.00 July 19, 1983 W3 309,384.89 P3 7,593.85 RS2 96.00 The Chairman stated that the Phillips matter was first on the agenda. He added, "I will decline to sit on this matter as- it is, of a personal nature., and I will turn the meeting over to Selectman Lowe." Mr. Phillips stated, "First of all ,_ .I would like to go back to my Building Permit. I think that the Building Inspector is being presumptuous.' He asked if Mr. Healey' s opinion had changed since the last meeting. Acting Chairman Lowe answered, :'I presume his opinion is the same, as we have not been advised otherwise." (It was the unanimous decision of the Board at the July 12th meeting that Mr. Phillips' alternative was to go before the Board of Appeals) . Mr. Phillips went on to say, "Chairman - Machiros has said that the town isn' t out to persecute me and he wants me to go to the letter of the law. I don't feel the gown is out to persecute me. I have known Mr. Machiros for a long time. I sent a letter to Dave Caldwell , and I asked him to give me a ruling on Mr. Machiros property. I find that he does not have a license to sell cars so I sent him a letter. He did remove the- "For Sale" signs, but he still parks cars on the side- walks, and he does not move them.'.' At this point, Selectman Adams addressed Mr. Phillips, and said, "It has been'four long months that this has been going on. We have tried to help you by telling you what route to take. We told you to go to the Board of Appeals. It seems to me that you are just out to discredit this Board, and I am sick to death of it and I won' t listen to you anymore!" . Mr. Phillips said, "I would just like to have some answers to this on going problem that Mr. Machiros feels to strongly about." Selectman Adams said "Well , I feel the same way" , and he left the room. Mr. Phillips said that he thought Chief Riel has done a fine job. At this point Acting Chairman James Lowe called on Chairman Machiros for a response to Mr. Phillips' comments. 83 Selectmen' s Meeting (Continued) July 26, 1983 Chairman Machiros responded: "Number #1 , Mr. Phillips refers to my selling cars. These are registered vehicles owned by customers. We perform this service merely as a courtesy, and not on a continuous basis. Number #2, Mr. Phillips refers to cars being parked on the sidewalk. Mr. Machiros then asked Acting Chairman Lowe., along with the Chief of Police and anyone .el.s.e. in the- audience ,if .they ever remembered a sidewalk in front of his property. acting Chairman Lowe stated that he never recalled a sidewalk being there. Mr. Machiros further questioned .Mr. Phillips' accusation that he refused to co-operate with the police. At this point Mr. Machiros. asked Chief Riel if he or his son,. who manages the Service Station, had ever refused to co-operate with the Police and the Chief answered, "Absolutely not, you both have always co-operated fully." Acting r Chairman Lowe then asked Mr. Machiros if he would resume his position' as Chairman. Mr. & Mrs. George Pollard, who were not on .the agenda, attended the meeting. Mr. Pollard addressed the Board and asked about his Blue Cross. He asked if the Town intended to continue paying, the same as they have been while he was in the employ of the Town. Healso said that he was of the opinion that the Town should make up the difference between his compensation checks and his regular pay. The Board felt that the Personnel Board should be contacted. in order that a meeting be set up to make a decision .-in regard to the Town' s responsibility as far as the Blue Cross went, and al.sb the payments that Mr. Pollard referred to regarding the difference between the Workmen' s Compensation and his regular salary while he was working for the town. A telephone.. pole hearing was held regarding the installation of three poles on Central Court, ten poles on Hay Street and one pole on Old Pine Island Road. There was no opposition voiced. The Town Clerk spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing was then opened and permission was granted by the Board. Chairman Machiros was unanimou.sly .appointed by the Board as "Newbury' s Representative on the .Regional Community Advisory Committee" . This appoint- ment has to do with. Coastal Zone Management. The meeting adjourned at 8: 55 p.m. r — Respectfully submitted, Doris Hodge, Secretary SELECTMEN'S MEETING AUGUST 9, 1983 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiroe opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present The following warrants were signed by the Selectmen: July 26 W4 7,188.72 P4 17,36700 RS 3 1,671000 i, August 2nd W5 9958852 R4 96.00 P5 79956.11 There was no one scheduled on the agenda for this meeting. The Chairman announced that with regard to the George Pollard matter, Mr. Pollard has hired an attorney. Therefore, in the future, anything connected with this matter will -be handled through Mr. Pollard' s attorney and our town counsel. The`Newbury Lions Club was granted permission to.use the Green for their auction on October 1st. The Parking Clerk, Louise. Ziehler, has notified the Board that receipts for fiscal 183 amounted to $2075.50 and disbursements amounted to $1,475.27. The'�Board appointed Richard Lynch of Byfield as the Wiring Inspector and they also appointed William Pecararo as the Assistant Wiring Inspector, Correspondence has been received from the City of. Newburyport Legal Department, stating that the City must have an agreement with Newbury in order to continue servicing approximately nine residents who are -presently hooked up to_, the sewer system, and in- order for. the City to receive the Federal Aid to complete the construction of the newt"sewer plant. It was the unanimous feeling of the Board that we do not have any desire to become involved in this matter. The nine resident's have always been billed directly: A letter will be sent to Newburyport, stating the feelings of the Board` and- letting them know that we do not have any concerns with their billing the residents as° theyhave in the past; also, that we do not 'want. to .becomeinvolved in any way. The Planning Board has been working on ,a five; year Conservation and Recreation action Plan, and they have `ask_ed the Selectmen to review the plan and offer. comments. The Plan will .be reviewed as soon as. possible. The matter of the 350th Anniversary was discussed, and a meeting is scheduled on August 15th at 7:_00 p.m. , to make plans for the celebra- tion. Town Clerk Ralph Lowell stated that the O1de Town Water District a7 Selectmen' s Meeting ( Continued ) August 9, 1983 Commissioners have offered to take charge of cleaning the Duck Pond and beautifying it for the Anniversary.. The Board was in agreement that the pond does need some work and that the -offer from the Olde Town Water District was a generous one. They saw no .problem with the Water District handling this project, however, they said that they would first like to see a set of plans, as to just what they had in mind; The meeting adjourned at 8:10 p.m. . . Respectfully submitted, Doris Hodge, Secretary SELECTMEN'S. MEETING AUGUST 239 1983 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The, .following warrants were signed by the selectmen: August. 9th P6 18,220.12 R'5 4 9780.50: W6 16,914.78 16th R6 951.00 P7 7,995071 w7 849206.05 Mr. Ben'Pearson, together with his lawyer, Donald Connors, were at the meeting for the purpose of further discussing the possibility of installing a septic system on Mr. Pearson' s land which is located along the Parker River:' -M.b. Connors stated to the Board that Mr. Pearson pians 'to submit r _ an application for the installation of a septic system for a single family dwelling. Chairman Machiros said to Mr. Pearson, "There is a two holer there now, isn' t there? Mr. Pearson answered, "Yes, but (turning to the newspaper reporter) said, don' t put that in the paper.." Mr. Connors address- ed Jielectmen Lowe and asked if he was on the Board for Byfield Water District. Mr., Lowe answered that he was Chairman of the Board. Mr. Connor° -then said, "You are Chairman of the Board, and you are also on the Board of Selectmen, indicating that there was conflict of : nterest. Selectman Lowe informed Mr. Connors. that -Byfield Water .Distriet is a separate entity altogether. Mr. Connors was informed by .the Board that the town supports Board of Health Regulation #74-l -which requires a 300 foot setback from the river for any installation of septic systems. Selectman Lowe stated that the water supply has an ever increasing demand being placed upon it, on 0.J Selectmen' s Meeting (Continued) August 23, 1983 and it is very possible that the Byfield Water District will have to look to the Parker River for their water wupply. Therefore, it is most impor- tant that no variance ever be granted as any threat of contamination is viewed with alarm. . . A letter from Volpone Towing .Service was read, explaining that Mr. Volpone is a taxpayer in the community. Volpone Towing Service is located on Route #1 in Newbury, at the old Fenn Motor building, and Mr. l Volpone felt that as a taxpayer, he was not receiving a sufficient portion of the towing services. After a brief discussion., it was stated by the Board, and unanimously voted,. that Volpone, being a taxpayer, such as Mr.. Cole, that an arrangement be. made between .himself , Mr. Cole and the Chief, to rectify the situation. Police Chief Riel stated that he saw no problem with this arrangement as they are both taxpayers, and he would contact both towing companies. The Chief felt that a. change would result in faster response time. The Chairman further noted that the Chief is in charge of towing and that the Board' s only feeling was that whereas Mr. Volpone is a taxpayer of the community that a different arrangement can be made. Mrs. Gloria O'Connell attended the meeting along with some of the Newbury lifeguards. Mrs. O'Connell said that she was concerned about the safety of the bathers as well as the guards at the Island. She added that she spoke with "Boots" Chouinard , lifeguard supervisor, of Salisbury, and he was able to suggest different pieces of equipment which he felt would, be most beneficial to the Guards. By a unanimous decision of the Board, it was voted that the proper equipment. be obtained immediately. The Chairman ordered the Chief of- .Police who is. in. charge- of the life- guards, to look into the situation and obtain-.. any other equipment he may need to further insure the- safety of the bathers. Mr Robert Boulay, Civil Defense Director.,-,together -with other Civil Defense member; William hinahan, Rick Hopley and Jack Dolan were at the meeting and were very helpful in describing the evacuation plan. Resident, from the Island .asked many questions as to what methods were planned to remove them in case of any emergency, where there is only one road out of the Island. Mr. Boulay assured the residents that they would receive all the support possible, and there is equipment available to remove the resi- dents of the Island in a fast and efficient manner. He further stated that a meeting is planned in the near future, and the plans for evacuation will be again gone over so that if there are any flaws, they can be 91 Selectmen' s Meeting (Continued) August 23, 1983 worked out and corrected, and everyone will feel comfortable with it. The Chairman stated to the men, "The Emergency Response Plan is subject to the Town' s approval and this Board is mandated by the people as such. We are a very small community with a small tax base and we gravely lack the proper equipment to expedite such a complex plan." He thanked the Civil Defense men for coming and for their helpfulness in answering the questions that the Board, as well as the Plum Island residents had. A communication has been received from the American Automobile Association in Boston stating that a federal proposal is threatening the safety of motorists and may affect the flow of traffic in Newbury. The Federal Government is planning to open up a new nationwide network of routes for twin trailer trucks. These routes are being planned in Newbury, and as a result we will notify our Congressman and Senators to vote against this bill as we -feel that .the roads in Newbury cannot possibly stand the pounding that they will receive by having these twin tractor trailer trucks passing over them constantly. The meeting adjourned at 9:40 p.m. Respectfully submitted, Doris. Hodge, Secretary Selectmen' s Meeting September 13, 1983 The Selectmen' s meeting was held at 7: 30 p,.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed .by the Selectmen: August 23rd P8 18,791.75 R7 96.00 W8 5,618.69 August 30th R8 96.00 P9 8,030.33 W9 49,261.29 September 6th W10 12,224.92 P10 38,992.05 RS 9 39141.00 By a unanimous vote of the Board, Christine Spillane was appointed to the Planning Board to fill the vacancy caused by the resignation of John M. Schladt, who5�term expires in 1985. Oq %/V Selectmen' s Me.eting. (Continued) September 13, 1983 Chief Riel stated that he has spoken with both Volpone Towing Service and Ted' s Mobile Station, and they have reached an agreement whereby if it becomes necessary for a tow truck to be _called, the officer in charge should use his own discretion in calling either of the towing services that can make it to the scene first, always with the safety of the public in mind. The Chairman stated that residents on Riverview Drive are complaining about rust in the water. He added that. Newburyport has posted a notice in the paper -that they will. be flushing the hydrants sometime the end of Sept. Hopefully, ..that will rectify the rust situation. The Chairman noted that plans for the 350th anniversary are moving right along. The Lion' s Club is offering their support and are planning activities that will fit in with our celebration. The Handtubbers are planning a muster, and that has always been great entertainment. A "Logo" has been designed and plates for motor vehicles will be made up following the logo design. The Green Pond Restoration project is moving right along and Coordinator Ralph Lowell reports that--he has received many offers of support. Elaine Byrne was at the meeting, and had suggestions for the celebration. The Chairman asked if she would like to participate with offer interested people and she was agreeable. The meeting adjourned at 8:00 p.m. , and reconvened five minutes later in order that one-day licenses could be signed for the Town Clerk, and also to pick the following persons to serve on jury duty: Newburyport Jon A. Foley, 19 So. Pond St. Salem Robert E. Passler, 7 Harvard Way Richard H. Knight, 90 High St. Lawrence Stephen W. Blair, 2 School Street The meeting adjourned at 8:10 p.m. Respectfully submitted, Doris Hodge, Secretary 95 SELECTMEN' S MEETING SEPTEMBER 27, 1983 The Selectmen' s meeting was held at 7:30 p.m. Chairman ,Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: September 13th Wll 98,405.06 P11 10,211.15 RS10 5,136.00 20th W12 159258.93 RS11 96.00 P12 37,189.92 Wayne Capolupo attended the meeting. He received permission from the Board to have a temporary trailer on his lot at Plum Island while he is building a house on the lot. He was asked how much time he would need. Permission was granted for 45 to 60 days. Mr. Capolupo was informed by the Board to notify them if any delay should occur. Town Clerk Ralph Lowell- who is the coordinator for the 350th anniversary, reported on the progress regarding the Green Pond Restoration project. He said that donations in labor and money are making it possible for the project to move right along. The Board asked Mr. Lowell if he would be kind enough to give them a complete accounting of labor and monies received. He said that he would have an accounting in writing and present it at our next meeting. The Evacuation plan was discussed. The dead line for accepting -the plan is October 5th. The Board feels that too many things are left un- settled and no guarantees in writing have been received. The Board also 2,,, feels that there are still too many questions that have been left un- answered. Rough figures were produced showing evacuation planning for the school system alone would amount to approximately $68,000.,00. Chairman Machiros stated that the major problem that we are faced with is the financial burden of the plan, and unless we have the financial re- sourcet to back this plan, there is no sense in modifying . it. It was the unanimous feeling of the Board that the State "has thrown this in our lap, and now we' re throwing it back into theirs, in that we didn' t ask 'for the nuclear plant in the first place." Selectman Lowe stated that "we did not create . this problem, Public Service did" . Selectmen Adams :,added,"^�,%�,,`v "I think it is clear to everyone that they're trying to push something onto us that we have to pay for, and I feel that we should reject it until the funds and the equipment are made available" . Chief Riel , who is the Selectmen' s Meeting (Continued) Sept. 27, 1983 Civil Defense Director, said, "All we' re looking for is a plan that will protect the people of Newbury., without relying on outside help, because you can' t always count on that" . Chairman Machiros added, "What guarantee do we have that the equipment we need will be here when we need it?" and ,he stressed that before evacuation plans for small communities such as Newbury can be considered reasonably effective, local representatives will have to lobby the State for more direct aid or more funding for the State Civil Defense Agency budget. It is the feeling of the Board that it is senseless to implement the plan if we don' t have the financial backing to carry the plan out. Chairman Machiros said "This isn' t a decision against the power plant, it is the result of our concern for the people of Newbury. We want guarantees of financial backing and availability of equipment. Until we can guarantee the safety of the public , we outright reject this plan or any plan. We owe that much to the people of this community" . By a unanimous decision of the Board the draft plan for the emergency evacuation of Newbury was rejected. In other' business, the Parker River Committee attended the meeting. The spokesman for the group was Patricia Skibbee, Planning Board Member. She stated that she was an unofficial member of the Committee, who are proposing the establishment of a Parker River Commission to manage and protect the river. She added that the Committee proposes that the Commission would have a governing body con- sisting of three residents from each member town, Boxford, Georgetown, Groveland and Newbury. Chairman. Machiros, in addressing the group , stated that Newbury has been protecting the river in that a 300 foot set back requirement for septic systems has been in effect since 1974. He said "We don' t want to create bad feelings among our neighbors, but it is clear that the problems lie up river. The Chairman. addressed Mrs. Skibbee and also the members of the Committee and he asked them if they thought the 300 foot set back requirement should be waived in any way. Mrs. Skibbee said that she was in favor of. the Board. of Health, regulation and definitely would not waiver it. It was also the general feeling of the members of the Committee that they would not waive the requirement in any way. The basis for the 300 foot question was to set an example that Newbury had the foresight to set this example in 1974 and the Board suggested to the Committee that maybe the other towns could consider doing the same. This is one of the many reasons why we feel that the protection of the Parker River,as far as Newbury is concerned, is adequate and we feel that Newbury has definitely protected its part of the river. 99 Selectmen.' s Meeting (_Continued) September 2? 9 1983 The Selectmen feel that they want complete autonomy as far as protecting the Parker River is concerned. Selectman Adams stated that the idea of of outsiders wanting to control our river bothered him and he added that much of the Newbury section of the river is already under State and . Federal ownership. He added, "Why.should people from Georgetown or Grove- land come down and tell us what to do?" We believe strongly in Home Rule, and that means that the people of this town should decide -how its affairs are run. We've been managing that river by ourselves for almost 300 years. Chairman Machiros referred to the-Federal "land grab" in the 1940' s, and stated his conviction . tot to let any additional land slip away from the town. He said, "We've seen too many management groups that started out with a concerned citizens .group.,_ f6und the job was too big to handle, and then the State would come in .and take control" . Selectman Lowe, quoting Judge Learned Hand, affirmed his belief that many problems arose from the actions of people with "good intent but little understanding" . "The guaranty of autonomy is our number one concern, said Chairman Machiros, adding, "Until we have the answers to questions concerning autonomy and financial responsibility, we are not even going to consider this plan" . The Board also voiced concern over the Parker River Committee' s affilia- tion with the Scenic Rivers Program, particularly the additional tourist use, should it be established as a scenic river. A motion�,,was unanimously carried, that until the Board receives direct answers to their questions, which so far have not been acknowledged, the matter will remain in a status quo position. Mr. Lenz requested that the Board forward to him a copy of this motion. Upon acceptance of minutes at our October llth meeting, a copy of the motion will be sent to Mr. Lenz. In other business, Chief Riel recommended that the Board appoint William A. Scholtz, 190 Elm Street, Salisbury, as a Reserve Dispatcher. Upon his recommendation, and after reviewing his application, the Board made the appointment, subject to six months' probation. The meeting adjourned at 9: 30 p.m. Respectfully submitted, Doris Hodge, Secretary j V 1 SELECTMEN'S MEETING OCTOBER 11 , 1983 The Selectmen' s meeting was held at ?: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: September 27th P13 99992.75 RS12 96.00 W13 31 ,86 3.60 October 4th R13 96.00 P14 38,868.46. W14 26,.654.73 A complaint was heard from Mary Ruggiero who resides on Northern Blvd. , Plum Island. She stated that the unkempt condition of her neighboi'f yard (Anthony Pruszenski, 44th Street) , is degrading to her property. Mr. Pruszenski was also present and in answer to Mrs. Ruggiero' s com- plaint, said that he is restoring his house and that is the reason for his yard looking the way that it does right now. He added that he wasn' t aware that the appearance of his yard was .bothering Mrs. Ruggiero, and he will make a real effort to get things straightened out. He said that he will put all the debris in a trailer that he has on his land, and _. when it is filled, he will see that it is hauled away. He said that he is employed full time and is trying to restore the house on his off hours at night and on weekends, so it is a long process. Mr. Pruszenski' s neighbor, Jayne Rowell addressed the Board and said that 'she felt that Mr. Pruszenski is making a lot of progress in fixing up the house and it was her opinion that it would not be too long before the yard will be straightened out. Selectman Lowe, who is also the Board of Health Agent, reported that he responded to the written complaint and inspected the property. He said that in his opinion there was no health hazard in- volved, and that even though it did have the appearance of a junk yard, "sometimes beauty is in the eyes of the beholder" . Chairman Machiros said that what some people would consider debris as junk, others might look upon it as "treasure" . Building Inspector Caldwell said that he inspected the property and he could find no zoning violation. Mr. Pruszenski was very congenial and assured the Selectmen as well as Mrs. Ruggiero that he will make a special effort to correct the present condition of his property. Mrs. Ruggiero seemed very relieved that the problem was well on its way to getting straightened out. Selectman Adams made a motion that the property be inspected again in 30 days and the motion was passed unanimously. 103 Selectmen' s Meeting (Continued) S,_0etober 1I9 1983 Upon Chief Riel' s recommendation, the Board appointed Timothy Leonard and Edwin_ Sternfelt as Reserve Officers (6 months' probation) . Permission was granted the Newbury Boy Scout Troop 44 to sell pumpkins and hold a cake sale on the Green on Saturday, October 22nd. A letter supporting Waterways Application #83W-109 for the construction of a new boat ramp and the maintenance of the existing wood pier and float on the Parker River, will be sent to the DEQ,E, Division of Waterways. The Board has been alerted that pending legislation might allow the State to borrow from the State Retirement system funds for investment purposes. The Board was in complete agreement that our Senator and Repre- sentative will be notified that the Board opposes such a move. The meeting adjourned at 8: 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN'S MEETING OCTOBER 25, 1983 The Selectmen' s meeting was held at 7: 30 p.m. Chairman' Angie Machiros opened the meeting. Selectmen James .A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: October 11 P15 10,006.41 R14 6,689.00 W14 108,046.53 October 18 R15 96.00 W16 10073.16 P16 3?9?18.59 Mr. Benjamin Pearson was present and addressed the Board. He stated that he had brought his attorney with him, who would once again address the subject of his Byf ield Snuff Mill property near the Parker River. Attorney Connors spoke to the Board and stated that he was presenting this evening a formal application and plan for a septic system on Mr. Pearson' s property to be approved by the Selectmen and the Board of Health. Mr. Connors further stated that he would ask that Selectman and Board of Health Agent James,,A. Lowe refrain from making any comments or entering into any conversation about the matter, "as he has already, in a written statement, voiced his objection to waiving the Board of Health Regulation #74-1" which states that any installation of a septic system must meet a ' ^5 Selectmen' s Meeting (Continued) October 25, 1983" set-back requirement of 300' from Parker River. .fit this point, Chairman Machiros stated to Mr. Connors, "You are not running this meeting, the Board of Selectmen are conducting this meeting. This is only your opinion of Mr. Lowe' s position, and I will give that perogative to Mr. Lowe, not you, if he care to stand mute." At that time, Mr. Lowe, after being given the opportunity from the Chairman, decided to abstain. Mr. Connors went on to say that he had brought Dr. Lawrence Feldman, a hydrogeologist. Dr. Feldman addressed the Board saying that he was in the habit of making studies of situations such as this, and in his opinion, after water travels through soil one hundred feet it is clearif ied. Chairman Machiros asked Dr. Feldman if he had, for the Board' s inspection, any written documents that stated that Mr. Pearson' s plans for a septic system would not have any adverse affect on the fresh water of Parker River. He said that he did not have anything in writing that he could present at this time,but that he would prepare something and send it to the Board in a day or two. Paul Turbide from Port Engineering was present with plans for the Board to examine. The Board reviewed the plans. Selectman Adams made a motion to take the matter under advisement. Mr. Connors then asked the Board when they expected to act on the permit. Chairman Machiros stated that it was his feeling that the Board of Health Regulation #74-1 whould stand and not be waivered, adding that we have a lot of other business to take care of this evening. In other business, Mr. Bruce Hiller was present and asked that the Board Orant the renewal of his permit issued to Hiller Realty Trust for the removal of sand, gravel and loam from his Parker Street property, for a period of three years instead of two. The Selectman agreed, pending the approval of building inspector David Caldwell. Mrs. Joanne Meade, 16 Middle Road, was present and complained about. the intersection at Middle and Boston Road, saying that she just missed being hit by a truck coming out of Boston Road onto Middle Road. She requested that the Selectmen take some kind of action. Chief Riel-,,stated that he felt that if the excess shrubbery was cleared from the area the motorists could get a better view of the oneoming traffic. Highway Supt. Ronald Pearson will be contacted to see if the situation can be corrected. Mr. William Lacey was present and spoke to the Board about a problem with the stone wall between his house and Manters on Central Street. He said that rocks are falling out of the wall , and he thought that perhaps the Highway Supt. might be able to rectify the situation. The Board will { 107 Selectmen' s Meeting (Continued) October 25, 1983 see that Ronnie Pearson is contacted. A letter of resignation was received from the town hall custodian Walter Mills. The Board accepted the resignation with regret, and an ad will be placed in the paper for someone who can take care of small repairs around the town hall as well as performing custodial duties.. Selectman Adams brought up the Pearson matter again. Selectman Adams stated that he would make a motion that "we have no alternative but to deny the application, aid abide by the Board of Health Regulation 74-1 that was set up for the 300 foot set back requirement." Chairman Machiros stated that before he seconded that motion he would like to make a statement. He said that because of the ramifications that may result, and in the absence of any written statement by Dr., Feldman, that the fresh water in Parker River would not be adversely affected by the installation of their system, he would then make the motion unanimous. The meeting adjourned at 8:40 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING NOVEMBER 8, 1983 The Selectmen' s meeting was held at 7: 30 p.m. Acting Chairman James A. Lowe presided in the absence of Chairman Angie Machiros. Selectman Alan I. Adams was present. The following warrants were signed by the Selectmen: October 25th R16 96.00 P17 10,730.82 W17 379804.22 November 1st W18 56,152.62 P18 37,013.66 RS17 1 ,446.00 Selectman Adams stated that he wanted to speak about the piece in the newspaper in which Ben Pearson accused the Board of Selectmen of acting in a cowardly manner when they took the matter of his petition for the installation of a septic system under advisement, and later on in the meeting, denied his request. Selectman Adams said that he was deeply insulted by Pearson' s comments, adding that there was nothing cowardly about the way the meeting was conducted. We took the matter under advisement because we had several things to take care of that . evening, 1 A- Selectmen' s Meeting (Continued:). November 8, 1983 and after they were all .taken care of, we again brought up the Pearson matter to -be acted on. He added,"We as a Board have always acted according to the rules and regulations of parliamentary procedure, and by. taking something under advisement it can be acted on immediately, later on in the meeting or two weeks down the road" . He then referred to the fact that. Selectman Lowe was asked by Pearson' s Lawyer not to take an active role in the proceedings of the last meeting because of his in- volvement with the Byfield Water District. He said that he was upset because he felt that Selectman Lowe should have had some input in this important situation, especially since Mr. Lowe has been on the Board of the Byfield ..Water District for years and is aware of the importance that the Water District places on keeping the Parker River clean in case it becomes necessary to look to the Parker River for drinking water. He once again stated that the Board followed parliamentary procedure when they acted on the permit later in the meeting. Acting Chairman Lowe said that although he didn' t participate, he fully agreed with the conduct of the meeting. Mr. Myril O'Leary was present and requested permission from the Board to run a water line from an existing well across the street (which is on one of two lots that he owns) to his home. He said that the water in his home has been going bad for about two years and consultants have told him that the water coming into his house is nothing more than recycled sewage. He said that because of the location of his neighbor' s septic system, he could not move his well. The Selectmen informed Mr. O'Leary that the matter would be taken under advisement .until the next meeting when, a full board is expected to be present. The Board told Mr. O'Leary that a covenant, signed by him, would be necessary, giving assurance that no building would ever be built on that lot across the street where the well is located. Mr. O'Leary was in agreement with this. Selectman .Adams brought up the subject of the ultra-light aircraft at the Plum Island Airport. He questioned whether the crafts conformed to the specifications of an airplane. Acting Chairman Lowe said that the ultra-lights resembled a "box kite with a lawnmower engine" . Select- man Adams said that they are not considered airplanes, that he felt that they are a hazard and he considered them a toy. He said that they have been banned from the airport in Haverhill. He said that he felt that the airport operator Richard Hordon is adding to a non-conforming use. 111 Selectmen' s Meeting (Continued) November 8, 1983 Building Inspector David Caldwell will investigate and report back to the Board on November 22nd. In other business, the winter parking ban will go into effect Dec. Ist 1983 and will run through April 1st, 1984. No parking will be allowed on the streets in Newbury between midnight and six a.m. The meeting adjourned at 8:00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN'S MEETING NOVEMBER 22, 1983 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: November 8th W19 16,297.03 P18 10,595.35 RS 18 96.00 15th W20 123,711.99 P20 38,031.92 RS 19 64.00 Richard Hordon attended the meeting along with more than 30 persons in regard to the ultralights at Plum Island Airport. Mr. Hordon addressed the Board, saying that he has always enjoyed a good relationship with the town and never had any problems. He said that the reason why he attended this meeting was mainly because he read in the paper that there was - concern over the legality as well as the safety of the Ultralight Aircraft. He said that his livelihood stemmed around the Airport, and he felt that the addition of the Ultralights helps him financially and he certainly wanted to keep them flying. He illustrated on the blackboard the course that was" now planned for the lightweight aircraft to follow, indicating that the craft would now fly over the wildlife section toward the ocean. He said that he had had a complaint from a neighbor and that is why he directed the course away from his property and toward the ocean instead , so that no one would be disturbed by the craft. He was asked by Chairman Machiros if he had any control 'over the ultralights once they left the airport, and he stated that he did not, and that he just had to rely on the operator that he would follow the course that he had mapped out. He said that in his opinion the craft is perfectly safe and there should be no need for concern. He said that the people in attendance would like to give their versions and also he had brougr 3, Selectmen' s Meeting (Continued) November 22, 1983 with him the owners and operators of the ultralights, John Pillotte and Steve Noyes. John Pillotte, operator of the Phantom Dealership at the Plum Island Airport stated that all of the pilots that fly his craft have a license to do so. He added that the Phantom line of Ultralights had a zero fatality rate. Steve Noyes addressed the Board , stating that it was his opinion that the Ultralights were completely safe and should be allowed to fly out of the Plum Island Airport. Mr. Hordon added that there was no question in his mind that the craft are reliable and very well built. At this time , Chairman Machiros stated that he would like to see a plan put into operation with more concrete management for the control of the craft and asked Mr. Hordon if he would meet with Mr. Pillotte and Mr. Noyes and draw up such a plan before the next Selectmen' s meeting. ' .'He added that it .was the Board' s intent to get a good management program to determine the flight pattern. Mr. Hordon said that as it stands now, once the craft leaves the ground, he had little control over its exact flight pattern. He was asked by Selectman Lowe what zone the airport was located in. He stated "agricultural , residential" . Selectman Lowe asked if'-he felt that he was adding to a non-conforming use, and Mr. Hordon stated, "no, he did not" . Selectman Adams stated that he felt that Mr. Hordon brought in this additional ultralight aircraft without letting anyone on the Board know about it, and he was of the opinion that he was adding to a non-conforming use, and anything that affects the peace and tranquility of our community should not be tolerated. The persons who attended the meeting with Mr. Hordon voiced no opposition to the ultralights. Building Inspector Caldwell stated that with the Board' s permission, he will seek an opinion from Town Counsel ,' make his determination and report back to the Board at the next Selectmen' s meeting. A motion was unanimously passed that no action be taken until Mr. Caldwell has made his determination. At 8:45 the meeting was closed for a brief recess. At 9:00 p.m. the meeting was reopened and a public hearing was held with reference to the moving of two poles from one side of Davoli Way to the other. ' No opposition was voiced. The hearing was closed and the matter was taken under advisement. The hearing was re-opened and a motion was unanimously passed that the relocation of the poles be granted. The following persons were unanimously appointed to the Council on Aging: Ronald Filmore, Rosemary Lane , Archie Manoogian and Dorothy William: In other business, Building Inspector Caldwell addressed the Board and stated that six new single family dwellings are in the plans for the Manter Selectmen' s Meeting (Continued) November 22, 1983 115 property in` Byfield and it will be necessary to go across School Street with water to service the houses. He asked the permission' 'from the Board to dig up the street in order to do this. Selectman Adams stated that whereas School Street had just been paved, it seemed toobad to dig it up and wondered if it was possible to tunnel under the street instead. After discussing "the matter, a motion was passed to try tunnelling first then if that didn' t work and the street had to be dug up, use infra-red and cement. In other business, the matter of the Becker controversy was addressed. Chairman Machiros stated that the Building Inspector had received a letter from Attorney Douglas Bolick who represents Becker. The letter indicated that Becker had been mistreated by Mr. Caldwell while he was apply for a building permit. Becker claimed that the Building Inspector said that he would issue the building permit at his convenience. Mr. Caldwell , in his written reply, said that the atmosphere was perhaps rather uncivil , but only on Mr. Becker' s part. Mr. Caldwell' s letter of reply also stated that no plans or sketches were submitted with the application of the permit. Caldwell also said that the duties and responsibilities of his office are carried out in a highly professional manner in accordance with the pro- visions of the Commonwealth of Massachusetts State Building Code. Mrs. Mary Becker was at the meeting and addressed Mr. Caldwell , saying that Urs Dur, who her son is presently working for , stated to her' that Mr. Caldwell had called him on the telephone and in his conversation he told Dur that he didn' t like Henry Becker. She said that Dur would back her up on 'this statement. Caldwell , in answer to her statement, said that Mrs. Becker was not on the phone during his conversation with Mr. Dur, and therefore she should not comment on what was said. A second letter from Attorney Bolick referred to the town' s refusal to issue electrical and plumbing permits to Becker. Mr. Caldwell stated that until the plumbing situation is cleared up, he will not renew the building permit. Chairman Machiros addressed Mrs. Becker and told her that the town does not want to go back to court, and is hoping to bring this to a close as soon as possible The Police Chief asked for, and received unanimous permission from the Board to apply for a grant from the Governor' s Highway Safety Bureau, for a project called Battle Against Drunk Drivers. The Chief- stated that he and the Rowley Police Chief Kevin Barry will be applying together. The meeting adjourned at 9:45 p.m. . Respectfully submitted, Doris Hodge, Secretary 117 SELECTMEN'S MEETING DECEMBER 13, 1983 The Selectmen' s meeting was held at ?: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and X an I. Adams were present. The following warrants were signed by the Selectmen: November 22, 1983 W 21 18,259.12 P21 11 ,188.89 RS20 5,136.00 November 29, 1983 W22 11 ,058.36 P22 36,320.43 RS21 225.50 Upon Chief Riel' s recommendation, and after reviewing his application the Board appointed David Powell , as a Dispatcher, with a six month proba- tionary period. Also upon the Chief' s recommendation, Wallace Ziehler and Carol Scholtz were. appointed as permanent Reserve Officers, having served their six month probationary period successfully. The Ultra Light situation was discussed with Plum Island Airport Operator Richard Hordon and the Ultra Light dealers John Pillotte and Steve Noyes. Chairman Machiros asked Mr. Hordon if he had met with Pillotte and. Noyes to draw up a basic management plan establishing a definite flight pattern. Mr. Hordon said that such a plan has been drawn up so that if problems do arise they can be corrected immediately. Mr. Hordon added that if there are any problems that come up he can always be reached as he is the one responsible. Selectman Adams stated that the main concern here is for the safety of our citizens, and at this point he asked Mr. Hordon if he is at the Airport during the times that the Ultra Lights are flying. Mr. Hordon said that he is not there at all times, but he can be reached by phone. The Chairman requested that telephone numbers of all three parties be left with the Selectmen' s secretary, and at this point the Board unanimously voted to take the matter under advisement. Debra Knight of Bittersweet Lane attended the meeting and asked the Board if a street light could be put on Green Street near Bittersweet Lane. She said that the corner where the drug store is was at one time well lighted but the operator of the store has removed the light and at this time the area is very dark and hard to see , adding that there are a lot of people out jogging, and she nearly hit someone the other night. The Board took the request under advisement and Chief Riel will check out the situation. 119 Selectmen' s Meeting (Continued) December 13, 1983 At 8:00 p.m.. a dog hearing was held. Complaintant Dementian Gruchev, the operator of Newbury Village, was represented by custodian Steve Degon. The complaint was against Henry C. Becker, Little.' s Lane, owner of a large dog that seems to be making Newbury Village his home. Mr. Degon said that the residents hesitate to go outside in case. the dog should jump on them.He:::': said that in his opinion, the dog is not a vicious one, but the majority of people down there are in their 70' s.. and .not too. steady. . He said they feel that the .dog might knock them over. Mr.. Becker said .that he thought that someone at Newbury Village was feeding the dog .and therefore the dog keeps going there for that very reason. He said he will .try to restrain the dog during the day and let him run at .night. if that was. agreeable. The Board asked Mr. Degon if he will notify all tenants. not to feed the dog, and between Mr. Becker.' s restraining him, and-not being fed by the tenants, the situation may get better. Dog Officer Richard Cunningham stated that in his opinion Mr. Becker has shown good intentions,. adding that if the Board f would like his recommendation, he thought that the .dog should be restrained for a short period of time, adding, "I .think if he is only allowed to run ' nights he' ll be ok, he is a good watch dog. This is not an order, just ' my recommendation." Selectman Lowe recommended that the dog be restrained for 30 days. Mr. Becker said, "just give me a call if there is any problem" . A motion was unanimously passed to close the hearing and take the matter under advisement. The hearing then resumed and a motion was made by Selectman Lowe that Mr. Becker .restrain the dog during the daylight hours for -thirty days. Selectman Adams .seconded. the motion and Chairman Machiros said that before he made it unanimous, he wanted to make sure that if any problems do come up, Mr. Degon will call Mr. Becker. He said he woul and all parties were agreeable with the arrangement. Chairman Machiros said he would then make the motion a unanimous one. In other business, the, Board of Assessors have requested that they be allowed to use Attorney Joseph Dalton. as their Legal Counsel stating that he has the ability to handle certain situations that pertain to the Assessing Department. His legal expense will come out of the Assessors' s budget. The Board was in agreement and they were unanimously granted their request. The month of January 1984 was proclaimed as March of Dimes Month. The meeting adjourned at 9: 30 p.m. Respectfully submitted, Doris Hodge , Secretary 121 SELECTMEN'S MEETING DECEMBER 27, 1984 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: December 6th W23 23,056.78 P23 99007.69 R22 96.00 13th W24 40,164.49 P24 44,234.38 R23 5,014.50 20th W25 399559.36 P2 5 79774.42 R24 521.00 27th W26 69997.49 P26 399040.62 R2 5 96.00 After reviewing his application for Town Hall Custodian, the Board unanimously appointed David Powell to the position with a six month' s probation. The matter of an installation of a smoke detector system at the Newbury Highway Barn was discussed. The Board of Fire Engineers will be asked for their recommendation in writing regarding the type of fire alarm system they favor. The subject of gas mains and water mains being repaired and the roads being dug up as a result, was a matter of concern to the Board. The Selectmen unanimously voted that "If any excavation work is done on the town of Newbury roads in the future, the Infrared treatment shall be used in repairing them." A letter of confirmation shall be sent to whoever is responsible for the repair. The Board unanimously voted, upon consideration of the Highway Supt' s recommendation, that Michael Maguire should fill the vacancy on the Highway Department caused by the resignation of John Purdy. He will serve a six month probationary period. At 8:00 p.m. a telephone pole hearing was held regarding the in- stallation of a new pole on Low Street in front of Steve Knight' s new home. Mr. Knight was present and spoke in favor. No opposition was voiced. The Board took the matter under advisement and the hearing was closed. The hearing resumed, and the Board unanimously granted permission. Mr. Ben Pearson, Chairman of the Conservation Commission was present, together with Planning Board Chairman Richard Johnson, and member of the Planning Board Sharon Trefry, also a group of persons from Great Meadows Farm Acquisition Committee. All these people attended the meeting for the 123 Selectmen' s Meeting (December 27, 1983) Continued main purpose of discussing the sale of John Karahalis' property consistig of 97.7 acres of land located off Orchard Street in Byfield Section of Newbury. The Conservation Commission is interested in purchasing the land in order to preserve the same. The purchase price of the land is $120,000.00. The Newburyport Institution for Savings, according to Mr. Pearson, has extended a line of credit in the sum of $25,600.00. The State has guaranteed ' to' reimburse the town' s investment of $94,400.00 through�., the Self-Help Funding Program. Mr. Pearson presented the Selectmen with a letter' from James Hoyte, Secretary of Environmental Affairs, approving the $94,400.00 reimbursement to the town. The Board was of the unanimous opinion that at this time they had no objection with the Conservation Commission buying the land, as long as it is not going to cost the town anything; however, they were also of the opinion that the residents of Newbury"should be made aware of the situation and have an opportunity to voice their opinion at a public forum and also at a Special Town Meeting. A motion was made by Chairman Machiros and unanimously passed that we set a date of January 24th for the Special Town Meeting at the Newbury Elementary School at 7: 30 p.m. and that an Article be written to accomodate the purchase agreement. Also that the Selectmen' s meeting scheduled for that evening be held at 6: 30 P.M. The meeting adjourned at 9:00 p.m. Respectfully submitted, Doris Hodge,Secretary SELECTMEN' S MEETING J.ANUARY 10, 1984 The Selectmen' s meeting was held at 7:30 P.M. 'Chairman Angie Machiros opened the meeting. '"Selectmen James A. Lowe and .Alan I. Adams were present. t The following warrants were signed by the Selectmen:: January 3rd W27 19,437.35 P27 8,198.33 R26 64.00 loth W28 84,300.06 P28 39,889.54 R27 1 ,097.90 A motion was unanimously passed regarding the installation of a fire alarm system at the Town Highway Barn that is presently being reviewed. The motion was that if the Red Line System is accepted, that we use the "Rate of Rise Heat Detectors" and put it out for bids. �4J Selectmen' s Meeting (January 10, 1984) Continued The Board discussed the same of John Karahalis' s land in Byf field. A motion was unanimously passed (having the land transaction in mind) , that it would be most advantageous to have a member of the Board appointed to the Conservation Commission, and Chairman Machiros was unanimously appointed to that Commission. It has been brought to the attention of the Board that a light is badly needed on Route #1 in Newbury by the property of Martin Burns, Chief Riel was in agreement that it is very dark in that area and a light should be installed. The' Mass" Electric will be notified to install a light on Pole #1112. s The matter of complaints by Mary J. Becker to the Building Inspector David S. Caldwell , regarding five Plum Island property owners, was brought up and discussed by the Board of Selectmen and Mr. Caldwell. Mr. Caldwell stated that he had investigated the complaints listed in Mary Becker' s letters, and his results were as follows: This is a letter that was written to Mrs. Becker in answer to her complaints: January 9, 1984 To: Mary J. Becker, 8 Harvard Way, `Plum Island Newbury, MA 01950 Reference: Zoning` Complaints Dear Mrs. Becker: ` ° An investigation of -zoning complaints you filed with the Town Clerk, concerning the properties of Francis Byrne, Thelma K. Callahan and Gordon Sparks, has resulted in a determination that the s&id complaints do not violate the •provisions= of the Town of Newbury Zoning By-Laws as they per- tain to a single family residential dwelling. Other complaints concerning the properties of John Byrene and Robert Cyr are being investigated, however, direct contact has not been possible as of this date. Copies of permits for plumbing and electrical work and copies of sewerage disposal plans and permits should be directed to the agents or inspectors having jurisdiction and custody of said permits and plans. Very truly yours, S/ David S. Caldwell Inspector of Buildings He continued to report that as of this date he has received 7 more complaint; from Mary Beckq,Y and the names of the parties that :she has complained about are as follows: Donald Gove, 3 - llth Street, Plum Island; Robert O'Leary 57 Northern Boulevard, Plum Island ; Kevin Connors, 8 Smith Street, Plum Island; Thomas G. Nee, 34 Annapolis Way, Plum Island; Robert Cinquerano, 133 Northern Blvd. , Plum Island; Gordon Brooks, 10 Tenth Street, Plum Island; Austin Hennessey., 3 Girard Way, Plum Island. After consulting 127 January 10, 1984 Selectmen' s Meeting (Continued) jointly with the Selectmen and 'Town Counsel , it was ageeed that because of the number of complaints and the lack of resources, time and personnel , the Department;-, with- the help of Town Counsel would establish a policy for action on all written complaints submitted. Chairman Machiros praised the Building Inspector for his fast action,-in investigating the first five complaints reported to him by Mrs. Becker. Selectman Lowe stated that in the course of any future investigations, if there is any suspicion of a Board of Health violation, he recommended that the Building Inspector notify him immediately. The matter of keeping a dump attendant one day a week during the winter months was discussed. It was the opinion of the, Board that due to the finances that the town `has to work with, keeping an attendant at the dump on Saturdays only, during the winter months would work out very well. The attendant will be notified. The meeting adjourned at 8: 30 P.M. Respectfully submitted, Doris Hodge, Secretary SELECTMEN'S MEETING JANUARY 24, 1984 The Selectmen' s meeting was held at 7: 30 P.M. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: January 17th P 29 8,392.02 R 28 4,724.35 w 29 27,374.25 24th W 30 107,988.63 P 30 40,314.32 R 29 32.00 A communication from Town Counsel James Lagoulis with reference to Zoning, Building and Board of Health Regulations was read and discussed by the Board. "'A motion was unanimously passed that the communication be incorporated- into the minutes of this meeting in order that we may have a clearly established policy on the Public Record available to- anybody' s inspection. The Chairman stated that for the record, these -guidelines have been the policy that the Board has been following right along. A communication was read by the Chairman from Commissioner James Gutensohn of the Department of Environmental Management regarding Parker River and the Scenic Rivers Program. The letter from Mr. Gutensohn states Selectmen' s Meeting - January 24, 1984 (Continued) "The Newbury Selectmen, Planning Board and Conservation Commission will appoint one member .to. .s.erve on a Scenic Rivers Program Committee. The Board has been concerned in the past, and are still concerned that the town' : autonomy will be threatened and it was the unanimous feeling of the Board that le"tters be sent to Commissioner Gutensohn, Secretary James Hoyte, Representative Gray, Senator Buell and Senator Costello, notifying them of the Board' s feelings in this matter, that they refuse to participate in this program in fear that we will lose our autonomy. The Chairman stated that the Town of Newbury has the strictest regulations of any of the surrounding towns in order that we may preserve the quality of the Parker River water. ' —.. A letter written by the Building Inspector to Mr. Philip Becker, Harvard Way, Plum Island, was addressed by the Chairman. The letter read as follows: Dear Mr. Becker: Your request to the building department for a renewal of your building permit #364-83 was denied on December 16, 1983, because of plumbing violations and as of this date the building department has not been made aware of any corrections having been made. As Inspector of buildings for the town of Newbury, this letter is to officially notify you that permit #364-83 is hereby considered to be null and void and you must cease and desist from any further construction under said permit for the structure located on Lot U1-131 at 58 Southern Boulevard, Newbury, Massachusetts. Very truly yours, s/ David S. Caldwell Inspector -of Buildings The Secretary of Elder Affairs in Boston has notified our local Council on Aging that they have been awarded a grant in the sum of $699.00 to be used for general purposes. The meeting adjourned at 7:10 p.m. in order that the Selectmen attend the special town meeting at the Newbury Elementary School at 7:30 P.M. Respectfully submitted, Doris Hodge, Secretary V* LAGOULIS, CLARK & GENDRON 4- ATTORNEYS AT LAW L � 79 STATE STREET NEWBURYPORT, MASSACHUSETTS 01950 • (617) 462-9393 LAGOULIS & CLARK, P.C. 0 JAMES LAGOULIS i" GEORGE W. CLARK,JR. January 11 1984 GREGORY R. GENDRON y Board of Selectmen Town of Newbury Town Hall Newbury, MA. 01950 Re: Zoning, Building and Board of Health Regulations Gentlemen: �j This letter is`to confirm my understanding as Town Counsel of the policy in effect within the Town of Newbury for the enforcement of Zoning, Building and Board of Health regulations. It is my understanding from our discussion last evening, that the Town of Newbury has in effect, and will continue to have in effect, a policy of enforcing zoning, building and health regulations based upon the following criteria: 1. First priority shall be given to the enforcement of zoning, building and health regulations with regard to new construction. This shall have the effect of insuring that all future construction is in accord with the codes and regulations of the Town, thereby reducing or eliminating future enforcement problems. 2. Existing violations of building, zoning, or health regulations when brought to the attention of the appropriate board or agency, either by its own inspection, or by information in the form of a citizen complaint will be investigated and enforced based upon a balancing of the following considerations: A. Nature and scope of the violation. B. Length of time violation has existed. C. Extent to which violation constitutes a threat to the health and safety of the public. D. Extent to which violation constitutes a threat to r s the health and safety of the occupants. E. Financial resources available to the department within whose jurisdiction the- violation lies. F. The good faith of any persons submitting information relative to the violation . Jew Board of Selectmen -2- January 11, 1984 Town of Newbury It being the intentions of the Town to strike a balance of all of the above criteria so as to cause an effective enforcement of its regulations with the resources available to it, having in mind that not all violations have the same degree of threat to the safety and welfare of the public or the Town. If you agree that the above is an accurate statement of the Town's policy, I would ask you to include a copy of this letter in the minutes or records of your meetings so that we may have a clearly established policy on the public record available to anybody's inspection. Very truly yours, James Lagoulis JL:cm s SELECTMEN'S MEETING 131 FEBRUARY 14, 1984 The Selectmen' s meeting was held at 7: 30 P.M. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: January 31st W31 29,082.20 P31 8,628.29 RS30 32.00 February 7th W32 26,737.56 P32 40,Ol l.34 . 14th W33 42,215.17 P33 91788.85 R31 4,397.00 Miss Margaret Ziehler, representing the Office Education Association was in attendance and the Board of Selectmen unanimously designated the week of February 12 thru the 18th to recognize the national vocational student organization. The proclamation presented by Miss Ziehler stated that the organization consists of more than 76,000 students in twenty states. The Board congratulated Miss Ziehler for the active part she has played and the interest she has shown inaa most worthwhile organization. In other business, the Board unanimously approved new increases in the price of shellfish permits. Effective April lst, new rates will be $100.00 for commercial ; $10.00 for a resident year round ($50.00 for non-resident) ; $3.00 for resident for a single day and $7.50 for non-resident; Permit to dig in a contaminated area $200.00. 50% of these fees go for re-seeding. Philip Graham attended the meeting and brought to the attention of the Board his concerns involving the marshland, more particularly in the area of Old Rowley Road. He said that he has a great affection for the marshes and feels that adequate protection should be given them as they are one of the great resources of New England. He said that he felt that the marshes are Bing threatened by local violators of the State Law, adding that people are building on the marshland. He said that he has noticed that parcels of marshland are being bought for a low price, and after a building is put` on it, a large profit is realized when the property is put up for sale. He went further into detail , mentioning that he had six parcels in mind that he has investigated. He mentioned a garage and workshop 'b Bing put up by Donald C. Knight, and he 'added that this is in violation of the town zoning which has determined Old Rowley Road as agricultural-residential. He went on to say that Hallett Colby , nn Selectmen' s Meeting (Continued) February 14, 1984 is constructing a residence on the marshes and he has noticed that no notification is displayed on the piece of property showing the approval of the State Department of Environmental Quality Engineering.' The' sign that he referred to is supposed to be exhibited according to Massachusetts State Law. He mentioned the home sites of Miles Haley and Alan Adams and marshland being disturbed around the homes. He said that there are two mobile .homes which are occupied and in his opinion,. cannot be provided with adequate supplies of fresh water. In answering Mr. Graham' s complaints, Chairman Machiros stated that he had in front of him two letters, written to the Board, one from the Building Inspector referring to the Donald C. Knight property and one from the Chairman of the Conservation Commission, Benjamin Pearson, referring to the Knight, Haley and Colby properties. Both letters indicated that there have been no violations found upon their investigations. . Chairman Machiros further stated that the Knight garage and workshop are part of larger plans for a residence and the workshop came under the home occupation clause of the zoning. by-laws. Chairman Machiros went on to say that in a small town such as Newbury, we try to work together while staying within the boundaries of the general law. We 1 told Mr. Graham that if he had opposed the Colby contruction, he had the right to file an appeal. He said that Colby will be asked to post a sign indicating the work has been approved. Board of Health Agent James A. Lowe, had the approved plans for the wells constructed for the two trailers. He said that they were signed by registered engineers and that was assurance that Title V requirements were met. The subject of Newbury roads being dug up for the purpose of' f fixing gas mains or water mains was discussed and the Board unanimously voted that the Highway Supt. shall be present at the time the work is started and just before the work is completed so that we can be assured of a smooth f inish job. The meeting adjourned at 9:00 p.m. Respectfully submitted, Doris Hodge, Secretary 135 SELECTMEN'S MEETING FEBRUARY 28, 1984 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: February 21 W34 30,852.00 P 34 37,878.94 RS32 32.00 28 P35 10,940.44 W35 21 ,340.52 RS33 32.00 Chairman Machiros announced that a preconstruction conference regarding the resurfaci$g-; of Scotland Road will be held on March 8th at the D.P.W. in Danvers. George Brox of Methuen has been awarded the bid. The Chairman said that he felt that Brox is a very competent firm and he was pleased that they had received the bid. He added that a lot would not have been accomplished if it had not been for the cooperation received from the citizens of Newbury. Selectman Lowe added that he was pleased to say that there was not land taking connected with this project. Selectman Adams said that this has been a long ongoing project and he was glad that the work was finally going to be done, especially as there is no expense to the town. Mr. Philip Graham was at the meeting with regard to his concerns about the marshlands in the town being built on. He said that he had expected that the Chairman of the Conservation Commission, Benjamin Pearson, would be present. Mr. Pearson was unable to attend the meeting. He spoke about the former Chairman of the Conservation Commission, Edith Johnson, and Eaid that she gave him to, understand that Hallett Colby would not be allowed to build on the parcel of marshland that he had in mind, and added that after Mr. Pearson became Chairman, permission was given Hallett Colby to build. He said that it was his opinion that Mr. Pearson by writing a letter to the Board stating that the Conservation Commission agreed that the property did not require filing a Notice of Intent , had violated the open meeting law. The Selectmen would not discuss this issue without Mr. Pearson being present. Mr. Graham went on to state that in his opinion, the Selectmen were not making any effort to enforce the laws protecting the marshlands. Selectman Adams said that property owners are made aware of the wetland regulations when they apply for their building permits. It is the owner' s responsibility to comply with those regulations. He further added that the town does not have the e%r7 t0 i Selectmen' s Meeting (Continued) February 28, 1984 manpower to go running around checking all the sites. Chairman Machiros stated that the Board hopes to remedy the problem by establishing a position for a part time building inspector. Mr. Graham asked the Building Inspector about whether he had issued building permits to the properties that he is concerned about on Old Rowley Road, near the marshland. The Building Inspector stated that Mr. Graham should write him a letter, stating just what he is looking for, and Mr. Graham said that he would. A letter of complaint was read by the Chairman from Ronald Guertin, 20th Street, Plum Island , regarding an improper septic system on abutting property owned by Frank Deluca, of Newton, Mass. By a unanimous vote, the matter was taken under advisement. A letter of resignation was received from Edward Plumer, a member of the personnel board. His resignation was accepted with regret. A hearing was held regarding the New England Telephone Company installing conduit under the street leading to their new building on Plum Island. There was no opposition voiced. The hearing was closed and the matter was taken under advisement. The hearing resumed and unanimous permission was granted by the Board. New Shellfish Regulations were presented to the Board by Shellfish Constable Verne Noyes and were unanimously accepted by the Board. The new regulations are on file in the Selectmen' s Office. Mr. Noyes said that he would like to clarify the residency requirement for permits establishing that the .applicant has to reside in the town six months prior to April 1st. A dog complaint has been received concerning a dog owned by John Short, 120 Main Street, Byfield, Mass. The hearing will be scheduled for April 12th at 8:00 p.m. The meeting adjourned at 9:15 p.m. Respectfully submitted, Doris Hodge, Secretary 139 SELECTMEN' S MEETING MARCH 12, 1984 The Selectmen' s Meeting was held at 7: 30 p.m. All three Selectmen were present. Chairman Angie Machiros opened the meeting and called for a moment of silence in memory of Michael and Christopher Crowley of Byfield who were killed in a car accident last Friday evening. The following warrants were signed by the Selectmen: March 6th P36 37,964.09 W36 90s730.98 RS 34 32.00 Mr. Philip Graham attended the meeting. He brought up the subject of marshlands and spoke about the city of Salem and the problems that they have been having with polution in North River. He then addressed the sub- ject of the former chairman of the Conservation Commission and the fact that she was not reappointed, and that the present Conservation Commission Chairman, Benjamin Pearson, was allowing Newbury' s marshland to be. built upon, specifically in the Old Rowley Road area. He said that he felt that the Selectmen were not doing their job in allowing these marshes to be disturbed, and. he felt that the Board was not productive. Chairman Machiro: took exception to that statement and said that he felt that the Board has been very productive. The discussion was brought to a close as a full agenda was scheduled for the evening. + A dog complaint hearing regarding dogs owned by John Short, 120 Main Street, Byf ield, was called at 8:00 p.m. Mr. Short was notified of this hearing but did not attend the hearing, therefore, Mr. Short was in default. Complaintants Walter Stamm and John Carter addressed the Board and said that Mr. Short' s dogs bark constantly while he is away and there is hardly a time that they can enjoy peace and quiet. Dog Officer Richard Cunningham stated that he had tried to .talk to Mr. Short about the problem, but he just didn' t seem to listen. He asked if the Board would like his recommendation. The Board said they would , and Mr. Cunningham recommended that Mr. Short keep the dogs inside the house whenever he is away from his home. The Board unanimously accepted the recommendation and Mr. Short will be nctif ied by letter of the Board' s decision (to keep the dogs inside his house whenever he is not at home) . Resignations were received and accepted with regret from the three Registrars, Betty Fecteau, Ellen Moore and Patricia Haley. The Board appointed Carolyn Dondero, .Anne Hatheway and Marcia Peirce as replacements to fill the three vacancies. I A a.':[JL Selectmen' s Meeting (Continued) March 12 , 1984 Bids were received regarding haying and maintaining the Great Meadows Farm, Orchard Street, Byfield, recently purchased. Scott Laffee, 26 Orcharc Street, was the sole bidder and by a unanimous vote of the Board, he was awarded the bid. Bids were received regarding the reprinting of Currier' s History of Newbury, from Peter Randall and Noreen Pramberg. The bids were taken under advisement and will be reviewed by the Board in the near future. Dog Officer Richard Cunningham addressed the Board and state:d¢:•=that in his opinion, Newbury should get out of the system, adding that the County Dog Fund is bankrupt $8,000.00 and he suggested that we set up our own fees, and set up our own by-laws. He said"I think you have to have a vote of the Town meeting." He said that Peabody, Danvers, Beverly, Swampscott and Rowley are either out or almost out of the system now. The meeting adjourned at 9:10 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN'S MEETING 143 MARCH 27, 1984 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: March 13 RS35 5,132.30 W37 169645.67 P37 10,659.66 20 P38 39,942.28 RS36 32.00 W 38 21 ,132.37 27 RS 37 21.00 P39 310,301.04 W39 111 ,843.27 Jeff Riotte attended the meeting and spoke about an Economic Development Program in which he thought Newbury might be interested in being a part. He said that he was leaving a summary of the program with the Board, which they could review, and if the Board is interested, he can be reached at the Commission. He said the M.V.P.C. has a trained staff who would do most of the work in bringing industry to the town. He said that it would be advantageous to have at least one member of the Board work with his staff in order to keep abreast of all proceedings. Chairman Machiros stated that he was very interested in bring industry to Newbury and the other two Selectmen were in agreement. Mr. Philip Graham and Conservation Commission Chairman Benjamin Pearson were present at the meeting along with some of theother members of the Conservation Commission. They discussed the Old Rowley Road marshland being built on. A question and answer period went on for about 20 minutes between' Mr. Graham and Mr. Pearson. Chairman Machiros then asked if Mr. Graham could wind up his conversation with Pearson, as the agenda for the evening still had to be dealt with. Mr. Pearson suggested that Mr. Graham attend Conservation Commission meetings in order to be aware of what building is going on in Newbury. Mr. Graham said he never would attend a Conservation Commission meeting. Jacob Checkoway attended the meeting in answer to a request by the Board. The reason for asking Mr. Checkoway to attend was to review a meeting in 1981 when the Board told him at that time that they would give him 30 days to clean up his Hanover Street property that was filled with all kinds of junk. Checkoway said that if the Board wanted him to get rid of it all , he will , but he would need 60 days. Selectman Adams made a motion, and it was passed unanimously, that Checkoway should clear the land completely and he had 60 days to do it in. A r Selectmen' s Meeting Continued March 27, 1984 Mr. Edward Murphy attended the meeting and complained that his neighbor Mr. Upton has had two 2500 gallon tanks moved onto his land and he would like to know that his intentions are and what is in the tanks as he is most afraid that his water supply will be affected and he wants to . stop the tanks from going into the ground before it' s too late. The matter will be checked into. A telephone pole hearing was held regarding putting a light in front of John Karahalis' daughter' s house on Orchard Street. No opposition was voiced and Town Clerk and John Karahalis spoke in favor. The hearing was closed. The hearing resumed and permission was unanimously granted. A letter of complaint was received from Mark Schoene and Mr. & Mrs. Richard Leahy of Plum Island: The Complaint was against Richard C. Michael ,- Temple Blvd. , Plum Island. The letter stated that Michael in- tends to apply for a sewerage disposal permit for Lot 1?3 (Map Ref UI) on Temple Blvd. The lot is 70' by 90' and does not meet Title 5 require- ments of 100 feet between well and septic systems. They stated that they were against the installation of the tank and wanted to go on record as such. The Board of Health Agent will investigate the situation. Building inspector David Caldwell brought to the Board' s attention a situation in Byfield at the BP Station. The station is operated by Stephen Andreotolla. Mr. Andreatolla is asking for permission to use the doorway which is on the street side of his station (Main Street) where cars could enter and back out onto the street. The Chief of Police was asked for his opinion and he said that anyone backing out of the station would be a third out onto the street before he could see if anything was coming, and he thought it would definitely be a safety hazard. The Chairman asked the Building Inspector what he was looking for. Mr. Caldwell stated that he would like a determination if there would be a public safety problem and would not want to create one by issu- ing his permit. Chairman Machiros asked of the other members of the Board if they were aware of the potential hazardous situation, and they said that they were aware of it. Mr. Caldwell stated that he wouldn"t be surprised if his sign is on Town property; cars are parked there and he has expanded his business tremendously and he did not think it should go any further. Chairman Machiros said, "Based on the Chief' s opinion that it would be detrimental to the public safety, and my two colleagues agree- ing that it is a hazardous situation, I would entertain a motion for denial for reasons of public safety." The motion passed unanimously. 147 Selectmen' s meeting Continued March 27, 1984 Bruce Hiller addressed the Board and .offered to reset the bound marker that had been moved from where it was supposed to be on Hale Street back of Sweeney' s farm. He said that when Little River was dredged, the Town Bound was moved 80 - 90 feet toward Newburyport. The Board was in agreement, and said that it would t?e a good idea to have Engineer Paul Turbide assist Hiller in resetting the Boundary Marker, in order that it is put back where it should be. The meeting adjourned at 9:15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN'S MEETING APRIL 10, 1984 The Selectmen' s meeting was held at 7: 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed: April 3rd W40 32 ,27©•32 P40 379980.69 loth W41 219309.02 P41 10,375.02 R37 4,1779.40 By a unanimous vote of. the Board, Chairman .Angie Machiros was elected to work with the Merrimack Valley Planning Commission in their future endeavor to bring industry to the Town of Newbury. Chairman Machiros announced for the record that Special Town Counsel John Healey has recommended that the Board consider hiring an environmental specialist to represent the town in the Benjamin Pearson, d/b/a Byfield Snuff Company matter. Mr. Healey advised that he would be willing to work with whoever is hired by the Board. Chairman Machiros stated that he has spent considerable time in a search for a competent environmental lawyer, and after talking with Attorney Gregor MacGregor of Boston, and after careful consideration of his resume, he felt very confident that Mr. MacGregor would be an excellent man to represent the town. The Chairman added that Mr. MacGregor has worked with CZM and DEQE and he would strongly recommend that the Board hire him to represent the town in this lawsuit. By a unanimous vote of the Board , Attorney MacGregor was retained. Selectmen' s Meeting (Continued) April 10 , 1984 Dog Officer Richard Cunningham addressed the Board and stated that it was the time of year to hold a rabies clinic. Dr. Lyons will be contacted and a date will be set in the month of May. Chairman Machiros stated that on Thursday, April 12th, he will be meeting with Mr. Joe DeAngelo from the Drpartment of Public Works in Danvers, and also with Highway Supt. Ronald to look into the matter of Bridge Improvements in the Town of Newbury. ;; John Short, of Byfield, was at the meeting in regard to the dog complaint which came up at the last meeting. He did not attend that meeting and therefore was in default. The Board advised Mr. Short, that whereas the matter was discussed with the compiaintants and whereas he was in default and the matter is now before the Court, it was in his best interest to deal with the Court, and nothing could be done at this meeting. Dog Officer Richard Cunningham stated that he had ;a v�L-ed Mr, Short of all his alternatives, adding "He was advised of his right to appeal with 10 days, and he is to appear in Court on Thursday, the 12th to answer a charge of failure to obey the order. I hope he realizes that this is a serious problem. " The rubbish contract for the --summer at Plum Island was unanimously awarded to Chuck Bear who has stated that his fee will be the same as last year. Chuck has also stated that he is covered by insurance with Page Insurance company of Newburyport and they will be sending us a notice to that affect in May. Rubbish collection will start the last part of May and will continue through October. A request from Plum Island Surfcasters and the Mass.. Beach Buggy association to have beach access from Plum Island Refuge to the northern part of Plum Island Beach was received and read by the Chairman. Chief Riel addressed the Board and said that the town bylaws state that there will be no vehicles on the beach. After careful consideration andir'pon the Chief ' s statement, the Board' s unanimous decision was to deny the request. The meeting adjourned at 8 : 45 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING Z3 / APRIL 24 , 1984 The Selectmen' s meeting was held at 7 : 30 p.m. At the annual election on April 21st, Selectman James A. Lowe was elected to serve on the Board for a 3 year term. The Board reorganized and by a-:unanimous-vote"Se'l.ectman Angie Machiros was appointed Selectman- Coordinator and Chairman of the Board. Selectman Alan I . 'Adams was appointed to serve as Clerk. Salary for the Selectman Coordinator was discussed and it was agreed that the salary of $12 , 500 . would be paid to him with an additional $3 , 000 . which would be taken from the Selectmen' s Expense Acct. It was also agreed that salaries for Selectman Lowe and Adams would be $1500 . each, per year. It was also agreed that gasoline and normal expenses would be taken from the Selectmen ' s Expense Account for costs incurred in coordinating the Selectmen ' s affairs . The following warrants were signed by the Selectmen: April 17th W42 95 , 397 . 52 P42 37 , 457 . 75 R39 32 . 00 April 24th P43 12 , 784 . 74 R40 32 . 00 W43 71 , 841 . 62 Upon Chief Riel ' s recommendation, and after reviewing his resume, Paul Ruggiero was unanimously appointed by the Board as a reserve officer with a six months ' probationary period. Mr. Kevin O'Brien from O'Brien Ambulance Service was present and spoke briefly to the Board expressing his desire to serve the town. He left reading material for the Board to review. Thomas Rossi from M.V.P.C. was present and spoke to the Board regarding the safety of Newbury ' s roads as far as traffic is concerned. Chief George Riel was unanimously appointed to the position of Assistant to the Board of Health Agent. .The following persons were unanimously appointed to serve on the Scenic Rivers Committee for a one year term. Selectman Alan I . Adams , - Christine Spillane, John Karahalis , David S. Caldwell and William Publicover, also Chairman Machiros was unanimously appointed to serve as an alternate member of the Committee. A telephone and electric light pole hearing was held regarding poles on Central Court and Parker River Drive. Also regarding the laying of underground conduit at Northern Blvd. , Plum Island. No opposition was voiced. The hearing was closed. The hearing resumed and permission was unanimously granted. The utility companies are not complying with our request that infra-red treatment be used when the roads are dug up for the reasons of repair to gas lines, etc. Before future permission is granted, . the 1 r 0) Selectmen "s Meeting (Continued) (Continued) utility companies will once again be notified to use the infra-red treatment . Posting a bond will also be considered. The. meeting adjourned at 8 :40 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING May 8, 1984 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I . Adams were present . The following warrants were signed: May 1 P44 37 ,487 . 86 R41 32 . 00 W44 21 , 624. 95 8 W45 17 , 179 . 86 R42 5 , 530 . 00 P45 9 , 185 . 74 Mr. and Mrs . Walter Friedman, Mr. and Mrs . Sigmund Katz and Ms . Lois Anderson, residents of Riverview Drive, attended the meeting andz®:presented evidence that their drinking water is discolored, and they questioned whether it was fit to drink. The Selectmen discussed the situation with the residents and said that they would see what can be done by meeting with the Newburyport Water Authorities . Mrs . Mary Flanders of Byfield complained to the Board about the noise of her neighbor ' s roosters . The neighbor is Everett Davis of Moody Street . The area is zoned agricultural and the Board stated to Mrs . Flanders that it is a difficult problem, however, Mr. Davis is allowed to have roosters . on his property. The matter was taken under advisement, and Mr . Davis will be contacted to see if there is anything that he can do about the noise . The matter was taken under advisement . The resignation of Conservation Commission member Dan Gaynor of Plum Island was received and accepted with deep regret . Mr . Gaynor stated in his letter of resignation, "I strongly believe that the Commission needs representation from the Island, both familiar with the needs and wants of its constituency and able to address in a common sense and practical manner the public safety and property rights 155 Selectmen ' s Meeting (Continued) May 8, 1984 of the people as well as the fragility of its environment . " At 8 : 00 p.m. bids were opened for Geotextile for Plum Island Slope Stabilization (Old Point Road and Sunset Boulevard project) . Bids were received from Sealcoating of Hingham, Mass . and Foss Manufacturing Company of Haverhill , Mass. They were taken under advisement, pending review by our Highway Supt . Ron Pearson. Selectman Adams reported that the only three areas currently open for shellfish harvesting are Dole Island, Horse shoe and Mud Creek. ' Dog Officer Richard Cunningham was asked by the Selectmen to make recommendations for a committee to study dog regulations . Mr . 'Cunningham will report back at the next meeting . A letter of resignation was received from Police Officer Scott Bucuzzo, and was accepted by the Board with regret . The bids for Geotextile were examined by Ron Pearson and Foss Manufacturing Company of Haverhill was awarded the bid. The meeting adjourned at 8 :30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING MAY 22 , 1984 The Selectmen ' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . The following warrants were signed : May 15th W46 449 , 134.�27 P46 38,240 . 63 May 22 W47 16 ,964. 03 P47 9 , 644. 70 RS43 160. 00 Lester Jones , Fordham Way, Plum Island was unanimously appointed to the Conservation Commission to fill the vacancy caused by the resignation of Daniel Gaynor, also a Plum Island resident . In making the appointment , the Board felt that each section of the town should have equal representation. The Board unanimously voted to. place a moratorium on new moorings for non-resident vessels on the Parker River. The possibility of charging a mooring fee was also considered by the Board. Selectmen' s Meeting (Continued) May 22 , 1984 Police Officer Timothy Leonard was highly praised by the Board for the excellent job he is doing in checking vehicles at the Newbury Dump, to see that Newbury residents only are using the facility. The meeting adjourned at 8 :30 p.m. Respectfully submitted, Doris Hodge , Sectetary SELECTMEN' S MEETING June 12 , 1984 , 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 . The following warrants were signed : May 29th W48 15 ,228 . 23 P48 38,927 . 34 RS44 850. 00 June 5 W49 44,864 .30 P49 9 ,972 . 69 RS45 1 , 120 . 00 June 12th W50 87 ,877 . 12 P50 41 , 672 . 97 RS46 4,810. 00 Charles H. Waterman, Chairman of the Finance Committee was asked to attend the meeting. Mr . Waterman will be leaving Newbury to reside in North Berwick, Maine . The Board paid tribute by honoring him and presenting him with gifts of a framed certifi- cate of appreciation, a gold Masonic watch and an American, State and Town Flag . Mr . Waterman thanked the Board very much and said that his position on the Finance Committee was certainly a rewarding experience . We will all miss Charlie and wish him well in his new surroundings . Hope Bradshaw, a member of the Historic Commission was present and presented the Board with a picture of "The first bridge built over Parker River on Route #1 , in 1758 , under the supervision of Mr . Ralph Cross . It was paid for by lottery. It was wooden, with nine piers and eight arches , and had two lanes . This bridge lasted until 1909-1911 , when the second bridge was built . " The Board was . most grateful for the picture and will see that it is displayed for the residents and the public to enjoy viewing. 159 Selectmen' s Meeting (Continued) June 12 , 1984 A committee on Animal Control Law was unanimously appointed by the Board. The persons appointed to the Committee are Chief George Riel , William Lacey, Marcia Peirce , David O'Neill , Peggy Manter, Richard Cunningham and Ralph Lowell . Upon Chief Riel ' s recommendation, the following lifeguards were unanimously appointed by the Board : Teresa Russo, Northern Blvd. , Head Lifeguard; Stephen O' Connell , 79 High Road; Chris Ramsden, 16th Street ; Michelle Cormier, 54th Street ; Lara Wilkinson, 67 High Road, Lane Wilkinson, 67 High Road. Richard Michael was present at the meeting . He requested permission to put up a small building on a piece of land that he owns on Temple Blvd. , Plum Island. The lot does not meet the Title 5 requirement of a 100 foot minimum separation between septic system and well . Mr . Michael asked for and was denied permission to use a chemical toilet. Concerned neighbors who were present were Carolyn Leahey, Jean Knight , Mildred and Ed Costello, Judith Larzelere , and Mark Schoene . They were mainly concerned about their water supply being contaminated by Septage . A motion to deny his request to put up a small building-,was unanimously passed. A complaint was received regarding the property of Michael McNally, Olga Way, Plum Island. Complaintants stated that McNally ' s property was in a deplorable condition. The Chairman stated that action has been taken and Mr . McNally is cleaning up his property. Mrs . Flanagan, one of the complaintants was present at the meeting and stated that Mr . McNally has cleaned up his property and she hoped that he will clean up the mobile home as well that is on his lot . Chairman Machiros stated that Mr . McNally has said that he will apply for a building permit and will renovate the mobile home . By a unanimous decision of the Board, the following request was granted for Special Detail Rates for Police : "Request effective July 1 , 1984, the following rates be established for special details in the town of Newbury. The rate to be $14 . 25 per hour, with a four (4) hour minimum, time and a half for details occurring between 6 p.m. on Fridays and 6 a.m. on Mondays . The time and a half rate shall not apply to school activities . Special Details rate shall not apply to details worked for the Town of Newbury. " s/ George L. Riel Chief of Police 0.1 Selectmen' s Meeting (Continued) June 12 , 1984 A dog complaint was received from residents in the area of 48 Fruit Street . The complaint stated that the dogs creating a nuisance belonged to Frank Elwell . Dog Officer Richard Cunningham addressed the Board and stated that he believed the dogs were licensed in the name of David Elwell . All parties will be notified that a hearing will be held on June 26th at 8 :30 p.m. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN ' S MEETING June 26 , 1984 The Selectmen ' s Meeting was held at 8 :00 p.m. Chairman Angie Machiros opened the meeting. Selectman Alan I . Adams was present . Selectman James A. Lowe was absent due to illness. This was the first meeting Selectman Lowe has missed in 18 years . The following warrants were signed : June 19th W51 33 , 144. 24 P51 8,243 . 21 RS47 320. 00 June 26th W52 10,845 . 46 W1 40. 00 P52 130,296 . 11 RS48 23145 . 00 Bids for Road Materials were read. Bids were received from Mystic Bituminous Products Company, Middlesex Paving and Newmarket Sand and Gravel . The Board requested Highway Supt . Ronald Pearson to study the bids and give them his recommendation. The matter was taken under advisement . Mr . Pearson did review the bids and came back with the recommendation that the Board accept them. By a unanimous vote , the Board accepted the bids . A pole hearing was held regarding poles to be relocated on Scotland Road. Mr. & Mrs . Ordway spoke 'in opposition and the hearing was closed, taking the matter under advisement . Further hearing were heard regarding underground service at the corner of Main and Byfield Housing. There was no opposition, and permission was unanimously granted. Regarding installation of poles on Low Street, (near Cutrone property) no opposition was voiced and permission was unanimously granted. 153 ZL Selectmen ' s Meeting (Continued) June -1�, 1984 At 8 :30 a dog hearing was held regarding dogs belonging to Frank and David Elwell . Mr. & Mrs . Elwell , and their son David, were present along with complaintants Paul Beauvias , Ruth and Theodore Kirby and Paula Pearson. All parties , including Dog Officer Richard Cunningham, were sworn in, and the complaintants described the situation as a nuisance , involving Elwell ' s dogs constant barking . They did say that after the Elwells learinged of the petition that was turned in to the Selectmen, complaining about the dogs , the barking was not quite so bad. The Elwells stated that they did try, and will continue to try to keep the noise down. Dog Officer Cunningham stated 'I think a lot of this is a neighborhood row" . "I checked everything pretty well at Elwells . Nothing barked until I was leaving, and then one dog barked. I have never heard them barking when I have been in the area" . Chairman Machiros asked Mr. Elwell if he would assure the Board that he would try to keep the dogs quiet and he said he would try. Mr . Cunningham said, "I recommend that you make an order that you continue this without a finding and monitor it . " A motion was unanimously passed to take the matter under advisement . Chairman Machiros stated "I will entertain a motion to continue this hearing until the slightest disturbance is made , and then you should call the Police or the Dog Officer . " The Chairman then referred to the further complaint against the Elwells , regarding the conditions of their property. He strongly urged Mr . Elwell to clean up his property (hen yard)., as it is a serious Board of Health problem. In other business , upon Chief Riel ' s recommendation, the Board unanimously voted the lifeguards ' wages be increased to $4. 50 per hour. Regarding appointments , due to Selectman Lowe ' s absence, only a few necessary appointments were made, and the remaining appointments to be made will be handled at the next meeting . Laurent Gravelle and Carolyn Bashaw were appointed to the Finance Committee . Arnold Thistlewood was appointed Shellfish Constable to fill the vacancy caused by the resignation of Peter Thistlewood. Kristin Noone was appointed as Lifeguard for the summer. Walter Stamm and his wife , together with Richard Carter were present , and again complained about barking dogs belonging to John Short of Byfield. The matter will be looked into and the dog officer will see what he can do . A. Selectmen' s Meeting (Continued) June 26, ' 1984 In accordance with a communication from the Department of Fish and Wildlife, July 1 - 8 was declared "Duck Stamp Week" . The meeting adjourned at 9 : 50 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING July 10, 1984 The Selectmen' s meeting was held at 8 : 00 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and James A. Lowe were present . The following warrants were signed : June 27th W53 167 , 796 . 06 P53 18 ,229 . 82 RS49 36, 158 . 41 June 28th W54 34,358 . 30 P54 1 , 174. 25 June 29th W55 22 ,436 . 54 RS50 5 ,502 . 90 #2-350th 1 ,246 . 32. W3 303-159 . 54 R2 40 . 00 P2 8 , 752 . 35 Laura Nastasia was unanimously appointed as a life guard for the summer. A complaint was received in writing from Mr . John Gregor of Withington Street regarding a tree stump which was left after a tree was taken down by Peter Hollis over a year ago. Mr. Gregor stated in his letter that Mr. Hollis said that he would come back and remove the stump. Tree Warden Hollis will be contacted in the morning. At 8 :00 p.m. bids for road materials were opened. Fitzgerald Grading from Hampton Falls , N. H. and Penn Culvert Company of North Billerica submitted bids , and they were taken under advisement . After examination, the Selectmen unanimously accepted the two bids . On the advise of Town Counsel , James Lagoulis , a Cease and Desist Order was issued by the Board of Health to Philip Becker on the use of a septic system at his property on 58 Southern Blvd. , Plum Island. Board of Health Agent James A. Lowe stated that Mr. Becker is entitled to a hearing if -applied for within 7 days of receipt of the Order . 167 Selectmen ' s Meeting (Continued) July 10, 1984 It has been brought to the Board ' s attention that Cottage Road lighting is inadequate . The Electric Company will be notified to brighten the lights to 4,000 lumens .and move one of the lights to an exceptionally dark area on Cottage Road. There is to be an increase in Cable Rates , according to Jon Foley, General Manager of Newburyport Cablesystems . In a communica- tion, Mr. Foley stated that "Supercable Services would be increased to $10. 95 . Pay service rates will remain at current levels . " ,Regarding the newly acquired Great Meadows parcel , Wayne and Lee Bernier presented to theBoard a proposal for Woodland Management . The proposal stated that the Berniers desired to work with the Conservation Commission- in removing undesirable wood such as diseased damaged or dead trees . They stated that they wished to act .as care- takers , holding a set of keys if the gateway is to be locked. The Selectmen took the Proposal under advisement . In other business , William Mulcahy, representing Utility Trailers of New England Corp. was present with Dudley Hawkins , the owner of property -hear the vacant Howard Johnson site , Route 95 , in Byfield. Mr. Mulcahy is interested in conducting a trailer sales business . He has already received a temporary permit , effective through October 1st , to operate with the understanding "He is doing so at his own peril" , according .to Board of Health Agent , James A. Lowe . After a discussion the Board unanimously agreed to give Mr . Mulcahy. permission to have two temporary Jiffy Johns with the stipulation that they be well ,G secured by fencing, locks , etc . Mr. Mulcahy agreed to this stipulation. If the site meets State Title 5 and Town requirements , for waste disposal systems , Mr. Mulcahy said that his firm now located in Shrewsbury will relocate . He said that his firm is interested in upgrading it.s existing facilities . He said that the firm is a licensed Class I Dealership, with the State . Chairman Machir.bs stipul.a.ted that a gentlemen ' s agreement should be drawn up between Town Counsel and the Trailer Firm' s counsel assuring the Town of minimum activity during the night time hours . Also that Mr . Mulcahy would pay for our Town Counsel ' s fees , so that there will be no expense to the town whatsoever . This was agreeable with Mr. Mulcahy. He was informed by the Board that if the land cannot perc , everything is to be removed from the land within 14 days , and this was agreeable with Mr . Mulcahy. In other business , Chairman Machiros stated that preliminary I /%n tv� Selectmen' s Meeting (Continued) July 10, 1984 work for the proposed Parker River Boat Ramp is about 90% complete . Notice has been received from DEQE that an environmental impact study is not required. Chairman Machiros stated that construction. could begin as early as this Fall . Frank Gatchell:-of Georgetown was present and asked that the Board grant him an Installers Permit. The Board unanimously denied the request as #1 . Mr. Gatchell did not apply for his permit until now, and #2 . the town of Newbury has ample installers who make it a point to apply for a renewal of their permits in January of each year . Highway Superintendent Ronald Pearson was given unanimous approval by the Board to hire temporary help in order to complete several projects that require more workmen than he now has . He is allowed to hire three men. Appointments were made for the year, and are on file in the Selectmen ' s Office. The meeting adjourned at 9 : 55 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING July 24, 1984 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. The following warrants were signed: July 17th W3 30, 159 . 54 P2 8 , 752 . 35 RS2 40 . 00 #3 - 350th 298 . 65 July 24th W4 10 , 336 . 53 P3 17 , 384 . 48 RS3 1 , 447 . 00 Following a health inspection of premises at 51 Northern Blvd. , Plum Island, Newbury, and after a question and answer period, Selectmen unanimously approved of transferring a common victualer ' s license formerly held by Robert and Edna O'Leary to the new owners Linda Paulhus and Herbert Crooks . The restaurant was formerly known as "The Island 171 Selectmen ' s Meeting (Continued) July 24 , 1984 Sub Shop" , and is now "Muskie ' s Island Sub Shop" . The Board unanimously accpeted the Woodland Management Plan for Great Meadows as presented to the Board for review last meeting by Lee and Wayne Bernier. The Conservation Commission and the Great Meadows Committee have also reviewed the plan and have approved of it. At 8 : 00 p.m. a bid for bulldozer work for the town was opened and read. The Board unanimously accepted the only bid that was received, and that was submitted by Brooks Construction in Byfield. The bide read $35 . 00 per hour for the bulldozer work. The Board unanimously appointed Philip Osgood to a six month probationary period as Acting Working Foreman tantamount to receiving the Highway Superintendent ' s approval in writing. The Chairman stated that the new flood plain maps contain discrepancies , which he considered very serious in that many people ' s land could be lost. He will check further to see that the maps are corrected. Chairman Machiros stated, "I want to go on record - I have a very bad drainage problem at the corner of Old Point Road and Plum Island Blvd. , which is owned by me.. I have given the State permission to enter on to my property and install a catch basin and to excavate whatever is necessary to drain off the water from my gasoline fills and building and make the water pitch to the catch basin. The portion that is to be excavated has to be covered with asphalt concrete mix as to insure proper drainage. I am somewhat concerned about this , as you well know Gentlemen, being a public official , I would not want to leave myself open for public ridicule and I.-am asking for your permission to correct this engineering problem. I. can follow up this request with a letter from the chief engineer that designed the road, that supports what I have stated to you here this evening. " Selectman Lowe said that he understood that this area has a bad drainage problem and that he would make a motion to take whatever measures are necessary to correct the problem. Selectman Adams seconded the motion. The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary tin SELECTMEN' S MEETING August 14 , 1984 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectman James A. Lowe was present. Selectman Alan I . Adams was on vacation. The following warrants were signed: July 31 W5 115 , 779 . 80 #4 - 350th 28 . 00 P4 9 , 626 . 43 RS4 9 , 560 . 00 August 7th W6 12 ,273 . 06 P5 15 , 522 . 33 August 14th W7 47 , 911 . 06 P6 12 , 704 . 72 'RS5 6 , 550 . 00 W5-350th 135 . 00 H. Verne Noyes , III , and Janet B. Noyes, 50 Green Street, Newbury, seek a variance to construct an addition to replace the temporary "lean - to" at their Citgo Station on High Road, which they operate. The "lean - to" was erected in 1980 and is not en- closed at the present time. The Board was in agreement with Noyes ' plan to enclose the structure and voiced no objection to the variance. With reference to H. Verne Noyes , III , sub-division on Green Street, John O'Connell , P. E. , of Construction Engineering Services has sent a notice to the Planning Board and to the Board of Health, stating that he supports Noyes ' sub-division and that Mass . Gen. Laws , Chap' s 130 and 131 are not applicable to the definitive plan. Board of Health Agent, James A. Lowe, stated that no health hazard is in- volved and he was not opposed to the subdivision. Chairman Machiros stated that after considering all the facts involved, he was in agree- ment with the sub-division. Cecile Pimental was appointed by the Board as an Associate Member of the Historic Commission until a vacancy occurs on the commission. Charles Killam of Boxford, attended the meeting and asked the Board if they would issue him an installer ' s permit. Other installers have been turned down for not renewing their permits in January in order to be kept on the active list of installers . It is the Board' s feeling that the installers on the present list have made it a point to renew their permits as early as December for the following year, and without fail in January in order to make sure they are eligible for their renewal permit. Mr".-.�.Killam was advised that the Board would 175 Selectmen ' s Meeting (Continued) August 14 , 1984 have no objection to his applying for a permit in 1985 . A letter has been received from the director of the State Division of Conservation Services . The letter was directed to the r' Conservation Commission, stating that within 3 to 4 weeks , reimburse- ment of $94 , 000 . 00 would be made to the town for the 98 acre Great Meadows land. Mr. Joel Lerner, the Director, asked in his letter if the town would like a formal presentation of the money and he will be advised that we are most anxious to receive the money and that we would like a presentation as soon as he is able to present the check to us . The Board appointed Richard Cook, Special Police Officer for the Elementary School , to fill the vacancy caused by the resignation of Joseph Jaques . Rev. William Carter of First Parish Church, High Road, Newbury, is celebrating his 10th- year of service in the town. His anniversary was celebrated at a church service on August 12th. A gift of Newbury' s Flag and a 350th Anniversary Plate was presented to Rev. Carter from the Selectmen. A Class II license has been applied for by James Wensel Hobson, d/b/a Alpine Auto, at the former Mobil Station, on the corner of Central Street and Route 95 . A public hearing will be held on August 28th at 8 P.M. regarding Mr. Hobson ' s application. At 8 : 00 p.m. , Chairman Machiros read a Board of Health Notice which stated that "A hearing will be held on August 14 , 1984 , at 8 : 00 p.m. , at the Newbury Town Hall , 25 High Road, in reference to revocation of Sewage Disposal Permit #141" . This hearing was called as a result of Philip Becker ' s request (in writing) to be heard. Under date of August 8th, Mr. Becker ' s lawyer Thomas Crotty sent a letter to the Board in which he stated several reasons why "Mr. Becker objects to the scheduling of a hearing at the August 14th public meeting, " stating also that Mr. Becker feels that it would be impossible to have a fair and impartial hearing if thehearing was scheduled to be heard at a public .meeting. Mr. Crotty stated in his letter that "this matter is currently awaiting decision by tje State Building Code Appeals Board, whose decision will supercede any decision of the Newbury Board of Health. Therefore, the proposed hearing date is premature" . Town Counsel James Lagoulis, Building Inspector David rs v-f Selectmen' s Meeting (Continued) August 14 , 1984 Caldwell and Police Chief George Riel were all present at the meeting. Mr. Becker did not appear at the meeting. Town Counsel Lagoulis has advised Mr. Crotty in a letter, "I disagree with you that the State Building Code Appeals Board has any jurisdiction over the Newbury Board of Health. The State Building Code Appeals Board has specifically stated to the Town that they have no jurisdiction over Board of Health matters . " At 8 : 15 , after Chief Riel checked the grounds to make sure that Mr. Becker was not on the premises , Chairman Machiros stated, "Having waited for Mr. Becker, and find that he has not appeared for his hearing, I will entertain a motion that the Board of Health shall stand firm on the revocation of Septic Disposal Permit #141 , adding, Mr. Becker has had his hearing in accordance with Mass. General Laws Chapter 301 . " The motion was seconded by Selectman Lowe and therefore carried. The meeting adjourned at 8 : 50 p.m. Respectfully submitted, Doris Hodge, Secretary r . SELECTMEN' S MEETING August 28 , 1984 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. The following warrants were signed by the Selectmen: August 21st W8 4 , 194 . 73 P7 15 , 961 . 37 'RS6 528 . 80 #6 - 350th 20 . 85 August 28th W9 5 , 689 , 59 P8 10 , 938 . 66 Mrs . Roberta Ananian was at the meeting and presnted the Board with 3 sets of petitions to change the present by-laws for the purpose of banning mobile homes in various parts of Newbury, but, "excluding the Plum Island Section" . The Board examined the petitions and Chairman Machiros questioned why the Plum Island Section was excluded• Attorney Steve Moore, who also attended the meeting, stated that the reason for the exclusion of Plum Island was because "we sensed 179 Selectmen' s Meeting (Continued) August 28 , 1984 that people on the Island don't want any trailer restrictions" . Selectman and Board of Health Agent James A. Lowe, stated to Mr. Moore that he didn ' t think very much of the proponants ' concession to the Plum Islanders , adding that there are no more lots on Plum Island that can meet Title 5 requirements for septic systems . Chairman Machiros stated that Mrs . Ananian called him the "night before the meeting' and informed him. that she would be at the meeting with the petitions . ' He said that he thought it was rather late notice to be contacted the "llth hour" . He added "It is not this Board' s intention to deny people their right to have-acqDecial .town meeting. He said that he realized the concers of the petitioners and felt that within 45 days , a special meeting can be held in order to expedite the matter. For the record: the Board of Registrars will be contacted tomorrow. The petitions must be forwarded to the Planning Board who will have 14 days to respond. At 8 :00 p.m. a public hearing was held regarding the petition of James Wensel Hobson, who is applying for a Class II License at the Mobil Station in Byfield at the intersection of Central Street and Interstate 95 . Chairman Machiros asked Mr. Hobson why he was applying for a Class II License and he stated that it was his intention to operate a limited used car dealership and gas station. Residents who reside in the area of the station were present and were-very much in opposition to any used car dealership, stated that they had enough of that type of business in Byfield now. They , said that they felt strongly that their property value would go down and if this was allowed, it was an invitation for other commercial ventures to come in to Byfield. Selectman Lowe read two communications from residents who reside in the area of the station voicing their strong objections (One from Mr. and Mrs. Ben Pearson and one from Mr. and Mrs . David Yesair) . After the Board heard both sides of the matter, Selectman Lowe stated that some of the businesses in Byfield have outgrown their business properties and subsequently had cars and equipment spilling into the streets. A motion was passed to close the hearing and the matter was taken under advisement. The hearing was then resumed and a motion to deny the license was unanimously passed. A letter of resignation has been received from Sgt. Marjorie Emerson, who has been a faithful employee of the town for 17 years . A letter of deep regret will be sent tomorrow. The town will miss her as she has been a good friend to all of us . i61 Selectmen ' s Meeting (August 28 , 1984 ) Continued Chief George Riel was present and asked the Board if they would appoint Don Rowell , 42nd Street, as Assistant Harbormaster. Mr. Rowell is always available and a very capable individual . The Board agreed with the Chief Riel that he would be an asset to the town and the appointment was made. The Board appointed Harry Swanson to the Arts Lottery Commission to fill the vacancy caused by the resignation of Cheryl Stuart. Chairman Machiros suggested to the Board that we approach the Planning Board with reference to the preparation of a bond regarding road repairs with the hope that we can present the issue at the annual town meeting. Upon Chief Riel ' s recommendation, the Board appointed David Powell as a reserve officer for the town (with a six month' s probation period) . The meeting adjourned at 9 : 50 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING SEPTEMBER 11 , 1984 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. The following. warrants were signed by the Selectmen: September 4th P9 40 , 719 . 07 W10 132 , 933 . 88 September llth W11 52 , 320 . 12 RS7 2 , 215 . 00 P10 11 ,871 . 47 At 7 : 45 p.m. a public hearing on the determination of .the percentage of the tax levy to be borne by each class of real property for fiscal year 1985 was held. The Assessors were present at the meeting and stated to the Board that they expected that the tax rate this year will be $14 . 50 per thousand assessed valuation if approved by the State. If approved, the rate will be down 40� from last year ' s $14 . 90 and 90� from the previous year ' s $15 . 40 . Chief Assessor Dorothea Crowley stated that she will immediately seek the State ' s approval . No opposition was voiced. The hearing was closed. The 133 Selectmen ' s Meeting (Continued) September 11 , 1984 hearing was re-opened and by a unanimous vote of the Selectmen, they accepted the recommendation of the Board of Assessors to retain the single rate system in the town. Chairman Machiros said "We must be doing something right" . He praised those who contri- buted to the successful tax cutting effort which he said indicated that the town is facing up to the tax limitations of Proposition 212 . He added that many persons have volunteered their help to the town with- out pay for their part in the expected rate reduction. In other business, Raymond Mills was unanimously appointed as a member of the Personnel Board. This is a three year appointment. Chairman Machiros was unanimously appointed as "Municipal Coordinator" in connection with the State ' s"Right to Know" law, effective later this month, dealing with information on toxic and hazardous substances in the work place`- . Regarding plans to make the town buildings accessible to the handicapped, the Board approved the use of a registered engineer in the event that Federal Officials are not satisfied with an artist ' s conception of plans to make the buildings accessible to the handicapped. Benjamin Pearson, Chairman of the Conservation Commission attended the meeting and asked the Board if there was any way that they could help the Conservation Commission with a problem that they are having protecting the primary dunes . Chairman Machiros "suggested-to'.-.the, Board and'-to Mr. Pearson that a person to work with the building inspector be considered as there were funds of $6 ,000 provided for at the town meeting. Mr. Pearson was very please at the Chairman' s suggestion, saying that his board has found it impossible to prevent the destruction of dunes by contractors , primarily installing septic systems , adding "We don 't want contractors in there without our knowing it. " Chairman Machiros said that the town meeting members provided the $6 ,000 for an aid to work with conservation, health and building officials . Mr. Pearson and other members of the Conservation Commission that were present said that an enforcement officer is just what the commission needs . Chairman Machiros added that it might also be a good idea to invite contractors in for a briefing. The entire Board was in favor, and it was unanimously agreed that the position will be advertised shortly The Board also unanimously authorized the Conservation Commission to use counsel to pursue a 1982 case in which a cease and desist order has 05 Selectmen ' s Meeting (Continued) September 11 , 1984 been issued. In other business, the Selectmen unanimously issued a Class I Dealer ' s License to Roland D. Kelly to operate Kelly Pontiac Olds , Inc. , at 86 Newburyport Turnpike. Mr. Kelly was present at the meeting and stated that he will be moving from his 'present location at 37 Liberty Street, Newburyport. Chairman Machiros welcomed Mr. Kelly to Newbury. Selectman Adams called the dealership a great asset to the town. Selectman Lowe was in agreement and welcomed Mr. Kelly to Newbury. The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary .SELECTMEN' S MEETING SEPTEMBER 25 , 1984 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. The following warrants were signed by the Selectmen: September 18th September 25th Chairman Machiros brought to the attention of the Board a letter that has been received from William Pearson, Board of Fire Engineers . The bridge is not capable of supporting the set of our pumpers . It would be a danger to both men and equipment to cross the bridge. " The Board was in agreement with Chairman Machiros that steps will be taken immediately to correct the situation. The next Selectmen ' s meeting will be held- on .October 9th at 6 : 30 p.m. This will also be an informational meeting regarding sidewalk construction from the Elderly Housing to the corner of Lunt Street, in Byfield. Mr. Carlin and Mr. Gelotti from the Essex County Engineers ' Office will be present at this informational meeting to answer any and all questions on the Preliminary Plans for the construction of these sidewalks , 187 Selectmen ' s meeting (Continued) September 25 , 1984 Also at the October 9th meeting at 7 : 30 p.m. the Flood Plain Control Maps will be discussed with Mr. Michael Worthy of Stone and Webster Engineering Corporation in Boston, who will be present at the meeting and hopefully discrepancies in the elevations will be cleared up to the satisfaction of the Board. Chairman Machiros stated that the Building Inspector, the Conservation Commission and the Planning Board will also be present to discuss the maps with Mr. Worthy. At 8 : 00 p.m. a hearing was held regarding the installing of five poles; 2 on Scotland Road, 1 on Old Pine Island Road, 1 on Pine Island Road and one on Larkin Road. After a few questions were answered to the satisfaction of concerned residents , no opposition was voiced and the hearing was closed. The hearing resumed, and the Board granted unanimous approval of the installations . Mr. Maliszewski, who has a new home on .Low Street, was present at the meeting and complained to the Board that in 'order to get Cable TV service to his house, the company has informed him that he must pay an amount that he felt was excessive as Cable has not reached that particular area as yet. Also, Mr. Maliszewski complained that the mailman will not deliver his mail because of road conditions, adding that the mail is delivered to the house before his and he couldn't understand why they couldn't deliver his mail as well . He was advised by the Board to see Jon Foley of Newburyport Cable Systems and perhaps Jon can straighten that situation out to Mr. Maliszewski ' s satisfaction. The Chairman will be in touch with the Postmaster tomorrow and see what can be done about the mail delivery. The matter of opening up Sled Road was discussed. The road has been grown up with shrubbery for some years . One of the resident abutters has claimed that she received permission from a former Board of Selectmen to construct a private driveway in order to get to her property. The work being done seems to be more than a driveway, and a halt has been called for all further work on the road. The matter will be investigated further. The Town has been advised that Section 51 . 55 of the Revenue Sharing Regulations as published in the Federal Register prohibits discrimination against qualified individuals because of their handicapped status . The town is preparing to make town buildings , primarily the voting establish- ments of the town, accessible to the handicapped. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary I nn aG� SELECTMEN' S MEETING October 9 , 1984 The Selectmen' s meeting was held at 6 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and James A. Lowe were present. The following warrants were signed by the Selectmen: October 2nd W14 19 , 006 . 67 P13 38 , 621 . 53 RS10 1 , 371 . 40 � #8 ( 350th) 2 , 059 . 28 October 9th W15 29 , 775 . 97 P14 10 , 732 . 87 RS11 608 . 50 #9 ( 350th) 168 . 76 At 6 : 30 p.m. an informational meeting was held regarding the sidewalks that are to be installed in Byfield from the Elderly Housing to the corner of Lunt Street. Several of the area residents attended the meeting and after a discussion between the Board ,and two representa- tives from Essex County Engineers Office (Mr. Carlin and Mr. Gelotti ) the Chairman asked if the residents had any questions . William Vieweg, who resides at the corner of Church and Main Street, voiced concern over his 10 foot banking and the slope involved - this problem was discussed and the two Engineers will try to see that the installation of the sidewalk causes no problem to the banking., Mr.' Skip Savage of 58A Main Street asked which side the fire hydrant and catch basin would be located in front of his property. This will also be looked into and Mr. Savage will be notified prior to any work being done. The meeting came to a close at 7 : 15 and the Board recessed for 15 minutes . At 7 : 30 p.m. the meeting resumed and the matter of the proposed flood plain maps was discussed with representatives from Stone and Webster (Michael Worthy and Paul White) of the Federal Emergency Management Agency; members of the Conservation Commission, the Planning Board and the Building Inspector were present and together with the Board of Selectmen reviewed the maps as presented by the representatives . The accurace of the maps was questioned by the Conservation Commission, the Planning Board, the Building Inspector and the Selectmen. The representatives suggested that the maps be studied very closely within the next two to three months in order to make certain that any errors may be corrected before the final maps are printed. Mrs . Donna Murphy was present and voiced her concern about the Larkin Road Bridge being repaired and her children not having a way to cross the Bridge to get to school . John Salter (School Bus Owner) will 191 Selectmen' s Meeting (Continued) October 9 , 1984 be contacted and a solution to the problem will be worked on. The Chairman read a letter from the Council on Aging regarding mobil homes. The Council is in favor of allowing mobil homes in Newbury. Ronald Pearson addressed the Board and asked permission to put in a grocery store next to his landscaping business .in Byfield. The matter was taken under advisement. After a discussion, the Board was in favor, signed a permit, and stated that he had their permission upon the stipulation that Mr. Pearson can comply with the Board of Health Regulations . The meeting adjourned at 9 : 00 p.m. Respectfully submitted. Doris Hodge, Secretary SELECTMEN ' S MEETING October 23, 1984 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. I The following warrants were signed by the Selectmen: Oct. . 16 W16 56, 578 . 48 P15 37 , 631 . 70 RS12 4 , 533 . 45 Oct. 23 W17 81 , 630 . 08 P16 10 , 109 . 23 RS13 5 , 545 . 00 Mr. and Mrs . Daniel Stone, who reside at 15 South Pond Street, Newbury were hired for one year as Town Hall Custodians to replace the acting custodian Ralph Lowell , tantamount to their presenting to us their certificate of insurance. A letter from the Board of Fire Engineers has been received with reference to the recent repair of the Larkin Road Bridge. The Board expresssed their thanks to the Selectmen for their immediate action on the repairing of the bridge, noting that, it took only 10 days to complete. The letter went on to read: "The Board feels as though two potential dangers have been corrected. The first being the repair of the bridge, and the second being a fire lane on Forrest Street. By cutting the trees on Forrest Street for the Bridge, it not only saved the town a great 3 Selectmen ' s Meeting (Continued) October 23 , 1984 expense, it also provided a fire land which was-needed, whereas the road is not being used, the trees have grown considerable. Cutting the trees have� he--l-ped.. correct this problem. The Fire Department has inspected the Bridge and fire apparatus has gone over it. We feel that it is safe for our needs . " It was noted that the Zoning Board of Appeals will conduct a°formal hearing to render a decision on a variance request submitted by Utility Trailers of New England at the Howard Johnson' s site along I-95 in Byfield. The meeting is open to the public. The Chairman stated that if the variance is granted, "It is the Board' s intention to hold up action on the application of Mr. Mulcahy until the Board of Appeals Process is complete ( 21 days ) . He assured concerned residents that they could be certain that the license would not be issued until this 21 day grievance period is up, adding "keep in mind that this is a permitted use. " Board of Health Agent, James A. Lowe, stated that a perk test has been taken and passed satisfactorily. The matter of Joseph Hutchins property at 17 Forest Street, Byfield was addressed. It was noted ( in a communication from the Building Inspector ) that Mr. Hutchins has not applied for any necessary permits (and, at any rate, he is under a cease and desist order at the present time, from any and all construction, alterations and renovations to an existing garage, at 17 Forest Street. Mr. Hutchins apparently is using the garage as a-ikesidence: and has-:tied the garage ' s waste disposal system into the system at his home on the property. Town Counsel James Lagoulis has been contacted with reference to these matters . Chairman Machiros asked Board of Health Agent James Lowe if any permits had been issued to a licensed installer in order to hdve'--any work done on the septic system. Mr. Lowe stated that he had followed that up and found that no permits had been issued. In other business, the Finance Committee Chairman Henry Trainor was present and asked the Board if there was anything that they would like to take up with the Finance: Committee before they adjourned for the evening. Chairman Machiros spoke about the possibility of the Committee drawing up a long range financial plan to repair all of the roads in Newbury. Dr. Trainor stated that the Committee could put together an initial draft before the beginning of next year ' s budget sessions . 195 Selectmen' s Meeting (Continued) October 23 , 1984 Miss Drozdowski was present at the meeting and asked if the town could do something about her property ori -Boston' Road so thdt•:she and her family could go onto their property with a vehicle in order to cut down trees and work on the property in general . It seems that some years back, the town dug a drain around her property with the Drozdowski ' s _permisssion and with the understanding that they would make sure that they could get on to their land if the need did arise in the future. The matter will be looked into and the situation will be rectified at the earliest possible time. The meeting adjourned at 9 : 00 P.M. Respectfully submitted, Doris Hodge, Secretary/ SELECTMEN' S MEETING NOVEMBER 13 , 1984 Prior to the Selectmen ' s meeting, the Triton Viking Marching Band was awarded the Newbury Town Flag by the Board of Selectmen in honor of the successful defense of their 1983 Division II New England Champion- ship. The band was named New England Scholastic Band Association Champions for 1984 , defeating 32 competing bands , following NESBA competition finals in Malden on November 4th. The flag was awarded to band director Robert Manseau by Board of Selectmen Chairman Angie Machiros, who said, "we want to congratulate,you, the , band students and band parents in retaining the Championship, requesting the band display the flag with pride and adding, "We are very, very proud of you. " The Selectmen ' s meeting was held at 7 : 40 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and James A. Lowe were present. The following warrants were signed by the Board: Nov. 6th P18 8 , 755 . 02 W19 15 , 197 . 96 R15 375 . 00 W10 3 . 92 Nov. 13th P19 40 , 470 . 17 Wll ( 350th) 173 . 23 R16 5 , 600 . 00 W20 60 , 029 . 35 xJ� Selectmen ' s Meeting (Continued) November 13 , 1984 At 8 : 00 p.m. a public hearing on the petition of the Public Service Company of New Hampshire, to install audible alerting devices at the following locations was held: At intersection of Plum Island Boulevard. and Northern Boulevard; corner of High Road and Old Pine Island Road, Newbury Neck Road and High Road; Parking Lot, rear of Town Hall ; on Route #1 , 1059 feet South of Boston Road; on Church Street, opposite Pole 11-4 ; South side of Elm Street, approximately 90 feet west of School Street. Representatives of Public Service Company said that the initial cost and maintenance of the system and the battery operated sirens will be borne by the power plant. Mr. Keast, representing HMM Associates of Concord, spoke about the locations of the sirens and stated that if the sirens are sounded, people should listen to the Emergency Broadcast Station for advice as to the action that should be taken. After listening to all of the representatives , the Board seemed to react favorably to the emergency response plan. During a question and answer period, the men stated that the work will probably start between March and June of 1985 . A motion was made to close the hearing, and the- matter was taken under advisement. A motion was passed to reopen the hearing and Chairman Machiros stated that as one Selectman, he was very pleased to see the approach that the Power Service Company has taken. The Board said that the matter would have to come before the people to be voted on, and Selectman Adams made a motion to draw up an article to accept the system for-the next annual meeting which will be on April 16 , 1985 . Before the motion passed, Chairman Machiros suggested that the Board hold an informational meeting prior to the annual meeting date. The suggestion was well taken and Selectmen Adams ' motion was passed unanimously. In other business , Police Chief George Riel asked the Board to approve a 20 mile an hour speed limit for Central Street between the intersections of Main Street and Church Street. This request received unanimous approval of the Board. Tractor Trailers , hauling to Georgetown Sand and Gravel , seem to be constantly traveling through Byfield Center in order to get onto Route #1 . This is causing a great deal of concern among the residents . The company will be contacted immediately with the hope that another route can be worked out, thereby eliminating going through the center. 199 Selectmen' s Meeting (Continued) November 13 , 1984 The articles, regarding Mobile Homes are set to be voted on at a special town meeting on December 12th, at Newbury Elementary School . In case that more room is needed, the meeting will be held the follow- ing night at Triton Regional School Auditorium. Mr. Charles Powers was unanimously appointed as Building Inspector ' s Aid. Mr. Powers will also work closely- with the Conservation Com- mission. His appointment will include a six-month probationary period, and will also be subject to a satisfactory physical examination. The meeting adjourned at 9 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING November 27 , 1984 The SeTectmen•' 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. The following warrants were signed by the Selectmen: Nov. 20th P20 7 , 737 . 19 W21 32 , 324 . 03 Nov. 27th P21 39 , 031 . 26 W22 11 , 361 . 82 The following Board of Health fees for 1985 were unanimously favored by the Board: Installers Permits $ 40 . 00 Septage Hauler Permits $ 40 . 00 . Permits for New Systems or Repairs $ :_10 . 00 Inspections for Certi- ficates of, Compliance $=-:15 . 00 Witnessing Percolation Tests $ 25 . 00 Well Inspections $15 . 00 Board of Health Agent James A. Lowe informed all installers that their applications for renewal will be honored, if received before January 15th. After that date, applications will be honored on a first come, first served basis up to the established limit of 27 . Chief George Riel suggested to the Board that a 30 mile an hour speed limit sign be posted for a 3/4 mile stretch of Orchard Street, between Palmer ' s Corner and Central Street. His suggestion was favorably accepted by the Board. uV� Selectmen ' s Meeting (Continued) November 27 , 1984 At the special town meeting on December 12th, residents will vote first on the Newbury Homeowners ' Association' s proposed mobile home ban articles . They will then vote on the compromise article drawn up jointly by the Board of Selectmen and the Planning Board. It was by a unanimous vote of the Board that the articles be voted i on in that order. Constable Richard Cunningham posted the warrant for the December 12th meeting after the Selectmen,':s approval . Chairman Angie Machiros stated that he felt that whereas the homeowners called for the special town meeting in the first place, they deserved to be heard first. The meeting adjourned at 8 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING DECEMBER 11 , 1984 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. The following warrants were signed by the Selectmen: Dec. ' 4th W12 ( 350th) 128 . 51 P22 8 , 197 . 79 W23 22 , 683 . 82 Dec . llth W24 89 . 460 . 09 P23 45 , 756 . 03 W13:_:(1350th) 174 . 08 RS17 408 . 50 Ronald Pearson was present and asked the Board if they would grant to Ronald Pearson and William Pearson .a license to open a restaurant next to his landscaping business in Byfield. The Board was in agreement and a motion was unanimously passed approving their license, tantamount to a satisfactory Board of Health inspection, and also to their being able to obtain an occupancy permit which they will apply for tomorrow. Mr. William Mulcahy was present, representing Utility Trailers of New England. He was told by the Board that an abutter, James MacKay, has appealed the variance granted to his firm, and as a result of the appeal , Mr. Mulcahy was asked to vacate the premises . He was very agreeable, and said that the lot would be cleared immediately after one last trailer is repaired. 203 Selectmen ' s Meeting (December llth) Continued A Cease and Desist order has been issued to Lawrence Plumer, 8 High Road, to prevent him from expanding his woodworking business. Abutters Andrea and Curtis Walton have complained about the expansion, and have voiced their concern about the amount of machinery that is going into the building. The Building Inspector, David Caldwell , stated that he will make a determination as soon as possible. It was noted that there will be no Selectmen ' s meeting the fourth Tuesday of December, as it will fall on Christmas ,Day and unless an emergency meeting is called, the next Selectmen' s meeting will be held on ' January 8th. It was noted also that the Town Hall will be closed on Monday December 24th, and will re-open on the 26th. . High- way Superintendent Ronald Pearson asked the Board' s permission to allow the men working on the Highway Department to have the 24th off also, with pay, and the Board was in agreement, with the exception of a storm, requiring the men to work. Mr. Pearson gave his assurance that the men would understand this . The following Bill , introduced on behalf of the MSPCA was unanimously accepted by the Board, under Chapter 147 , Section 10 , (Senate Bill #194 ) . The bill amends the so-called general anti- cruelty law, by requiring that animals be maintained in a sanitary invironment. Our law enforcement officers will for the first time be able to effective address humane problems attributable to maintain- ing animals in an unsanitary environment. Given the substantial number of cases involving the maintainance of animals in dirty and health- threatening conditions investigated by our Law Enforcement Department each year, and the obstacles in the past to effectively and expedi- tiously remedying such problems , this amendment represents another animal welfare legislation milestone. The meeting adjourned at 8 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary nnr 4. v cJ SELECTMEN' S MEETING JANUARY 8 , 1985 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. The following warrants were signed by the Selectmen: December 18th W25 16 , 158 . 96 P24 8 , 733 . 0 . RS18 5 , 033 . 80 W14 (350th) 16 . 61 December 26th W26 155 , 075 . 62 P25 39 , 946 . 86 W15 (350th)12;, 686 . 00 January 2nd, 1985 P26 8, 033 . 37 W27 24 , 220 . 45 8th W16 ( 350th) 140 . 96 W28 27 , 840 . 52 P27 42 , 166 . 52 Civil Defense Director, Police Chief George Riel , presented the Board with the Final Draft of the Radiological Response Plan for the Seabrook Nuclear Power Plant. Chairman Machiros stated that copies of the Plan would be available at the Newbury Town Library in Byfield and at the Newbury Town Hall for interested parties to review, and an informational meeting will be held prior to residentsvoting on the Plan at the Annual Town Meeting in April . Concerned over a---..mobile home, recently brought into Byfield at 155 Elm Street, Abutters and residents of the area appeared at the meeting with questions about whether or not the home came up to HUD Standards . The Building Inspector was asked several questions about the safety of the wiring, plumbing, smoke alarms ; how long the occupancy permit was good for and if it could be renewed, and if so, was it possible that a permit could be granted for permanent occupancy, should David MacDonald and Deborah" Crocker decide not to build a home. The Building Inspector stated that wiring and plumbing permits have been obtained; smoke alarms have been installed, septic system and well have been taken care of ; he inspected the mobile home and found it to be in safe condition, thus , he issued a 12 month occupancy permit. The couple may request a renewal if necessary; however, in answer to whether a permanent occupancy permit is issued at the end of the 12 month occupancy, will all depend on further inspections and conditions at the time of any renewal request for. occupancy. Selectman Lowe stated that Mr. MacDonald is a builder-contractor and he had every reason to believe that the couple intends to build, as they have already taken 207 Selectmen ' s Meeting (Continued) January 8 , 1985 out a building permit for a three bedroom Garrison, and they, already have the septic system and the well in also. Chairman Machiros stated that he realized the concern of the residents and he felt that perhaps more than anything, if the general appearance of the mobile home was better on the outside, there wouldn 't be so many inquiries . He stated that he would entertain a motion that any mobile home unit that is moved into Newbury from this time on, must have a HUD approval seal , and the burden of proof is to be on the owner. -The motion was unanimously passed. At 8 : 30 p.m. four pole hearingswere held. The first two were Mass Electric Poles on Orchard Street, adjacent to Barbara Campbell ' s land; the next was for conduit line being installed on the Manter land on Central Street, Byfield, and the fourth was regarding New England Tel & Tel for conduit being installed at 52nd Street, Plum Island to Northern Boulevard from pole 49 to 50 . No opposition was voiced. The hearing was closed and the matter were taken under advisement. The hearing was re-opened and all permits were unanimously granted. A public hearing, regarding two beer and wine licenses for Ronald O. Pearson and William P. Pearson, will be held at the January 22nd meeting at 8 : 00 p.m. Representative Thomas Palumbo attended the meeting. He was congratulated by the Board on his new position. He said that he would be glad to meet with constituents in the near future and meetings can be scheduled during the daytime or evening hours . Anyone interested may call his law office to set up an appointment. The meeting adjourned at 9 ; 00 p.m. Respectfully submitted, Yo Doris. Hodge, Secre�E._ y SELECTMEN' S MEETING JANUARY 22 , 1985 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. The following warrants were signed by .the Selectmen: January 15th W29 23 , 867 , 11 P28 8 , 457 . 38 RS19 2 , 625 . 00 22nd RS20 5 , 600 . 00 P29 60 , 818 . 56 W30 75 ,806 . 17 At 8 : 00 p.m. a public hearing was held on the application of Ronald 0. Pearson and William P. Pearson, d/b/a Byfield General Store, 8 Fruit Street, Byfield for a Beer and Wine License. A discussion was held and opposition was voiced by Loretta and Nicholas Ivone, 32 Central Street, Allen J. Trefry, 40 Moody Street and Jeff Blazey, 8 Central Street. None of the immediate abutters as prescribed by Chapter 138 of the General Laws were in attendance to speak against, or for, the proposed issuance of the license. The opponents said that the elementary school bus stop is too near to the. General Store and they stated that there is a full liquor store only about three quarters of a mile away. Chief Riel stated that he could see no problems with the issuance of the license. The opponents brought -up the subject of drinking on the premises . Chairman Machiros stated that the license will stipulate that there will be no on-premises drinking. at the store. The hearing was closed and the matter was taken under advisement. The hearing was re-opened and the Board unanimously granted the license, subject to the approval of the State Alcoholic Beverages Control Commission. At 8 : 15 p.m. a public hearing was held on the application of the Ronald 0. Pearson and William P. Pearson, d/b/a Country Cookin at 10 Fruit Street, Byfield, for a Beer and Wine Common Victualler ' s License. A discussion was held, and opposi- tion was voiced by the same opponents, for the same reasons as stated before. Chief Riel stated that he could see no problems with the issuance of the license. Chairman Machiros stated that the license will stipulate that there shall be no outside tables at the restaurant. Issuance of the license is subject to the approval of the State Alcoholic Beverages Control Commission. Ronald Pearson said that customers in his restaurant will be required to purchase food with their draft beer or wine, and he added that in no way, shape or manner will his restaurant be a barroom. None of the immediate abutters 211 Selectmen' s Meeting (Continued) January 22 , 1985 as prescribed by Chapter 138 of the General Laws were in attendance to speak against or for the proposed issuance of the license. The hearing was closed and the matter was taken under advisement. The hearing was re-opened, and the Board unanimously approved of the granting of the license, subject to the approval of the State Alcoholic Beverages Control Commission. Highway Supt. Ronald Pearson was asked to make sure that signs are erected on bridges where vandals have taken them, and he was also requested to take pictures of the signs so that we will have a recorde of proof that the signs were erected at this time, so that we .will not jeopardize our reimbursements for State Aid for the bridges . The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING February 12 , 1985 The Selectmen ' s meeting was oped at 7 : 30 p.m. by Chairman Machiros . Present were Clerk Adams and Member Lowe . The minutes of the January 22nd meeting were not read due to the illness of the Selectmen' s Secretary. The following warrant were signed: February 5 , 1985 #32 $52 , 185 . 59 P31 32 , 290 . 61 #17 350th 80 . 00 12th #33 21 , 904 . 95 P32 12 , 559 . 81 #18 350th 51 . 13 #21 RS 5 , 200 . 00 Jon Foley, General Manager of Cablesystems , presented his Annual Report and a check for $522 . 50 , representing the license fee for 1045 subscribers . He will be sending in his renewal bond. Mr. Foley stated that cable lines would be extended to Boston Road and Hay,-Street by year ' s end. Mr. Foley was asked for his and Cablesystems participation in the 350th Anniversary Celebration events . John Hartnett, Jr. asked for and was given unanimous permission to extend the water line from the Sportsman ' s Lodge to his home on 21 Plum Island Turnpike, an extension of about 4 , 000 feet (he already had Newburyport Water Works approval ) . Mr. Hartnett plans to sleeve under the road and will repair any damage he does to the road using infra-red- u-L3 Selectmen ' s Meeting (Continued) February 12 , 1985 treatment. He will not have an open trench and will use police detail while under construction, as requested by the Board. Alan MacIntosh, Merrimack Valley Planning Commission, appeared to review the preliminary plans detailing proposed development areas, drawn up by M.V.P.C. These plans were presented to the Planning Board at their January meeting. Bruce Irving, Middle Road, was unanimously appointed as an advisor to the Board of Selectmen on hazardous waste disposal and handling. Governor Dummer Allies were granted a one day all alcoholic license for February 16 , 1985 , The meeting was adjourned at . 8 : 40 p.m. s/ Louise Ziehler SELECTMEN' S MEETING FEBRUARY 26 , 1985 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. The following warrants were signed by the Selectmen: February 19th W34 29 , 952 . 13 P33 71 , 030 . 17 RS22 879 . 00 26th W35 33 , 313 . 45 P34 9 , 091 . 53 RS23 550 . 00 #19 - 350th . . ;.•: :1 , 505 . 92 The Howard Johnson site was the subject of discussion (regarding the Utility Trailer Business which is temporarily occupying the site. ) The building inspector was called into the meeting and he was told that while he was recently a patient in the hospital , a new trailer was brought onto the site •.referred to. The Chairman said that upon learning of this situation, he went to the site to see why ' the trailer was moved in without any permits or notification of any kind, after Mr. Mulcahy who we have dealth with in the past gave us his word that no further activity would go on and they would vacate the premises . The Chairman said that Mr. Mulcahy was away for a few days, but he spoke with a Mr. Cummerford, who is part owner of the trailer business . In discussing the matter, Mr. Cummerford stated that within two weeks the company plans to vacate the premises and added that they "will be moving both trailers on the advice of their lawyers , until all litigation is re- solved. " (Meaning the lawsuit brought by adjoining land owner, James 215 Selectmen' s Meeting (Continued) February 26 , 1985 MacKay) . The Chairman said that the Board understood that they had reached an agreement with Mr. Mulcahy when he gave his word that he would cease all business operations after the suit was filed, but recent action has proved contrary, and trucks continue to travel along Kent Street to and from the site. The building inspector told the Board that he had talked with the dealers and they indicated that they would vacate the property within two weeks , and he added that the tem- porary license issued by the Selectmen for the first trailer home was "frozen" now that the case is in litigation. He said that he wouldn't want to order a cease and desist order without passing it in front of Town Counsel James Lagoulis . Selectman Adams made a motion that the building inspector contact James Lagoulis in an attempt to get the premises vacated. The Chairman added "then take action forthwith" . The motion was unanimously passed. By a unanimous vote of the Board, Louise Ziehler was appointed as "Revenue Sharing Officer" . Police Officers David Powell and Paul Ruggiero have served their six month probationary period on the force and Police Chief George Riel asked the Board if they would appoint these two men to serve until June 30 , 1985 . The request was granted. The Chairman stated that for the record the Annual Town Report will have the 350th Anniversary Logo on the cover and the Anniversary Coin on the back cover. The meeting adjourned at 8 : 50 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING MARCH 12 , 1985 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. The following warrants were signed by the Selectmen: February 26th W35 33 , 313 . 45 P34 9 , 091 . 53 RS23 550 . 00 March 5th 350th #19 1 , 505 . 92 W36 90 , 238 . 46 P35 41 , 399 . 89 350th #20 6 . 34 RS24 1 , 614 . 00 �1 Selectmen ' s Meeting (Continued) March 12 , 1985 Mr. Mal Fraser, a Salisbury resident, attended the meeting and spoke to the Board about what he thought might be of future concern to the town. He stated that as the law stands now, nude sunbathing is allowed at the Parker River Wildlife Refuge. He said that whereas he is a school teacher as well as a parent, he had his own concerns , and wondered about whether Newbury could institute a by-law prohibiting nude bathing. Chief Riel was called upon and he stated that he did not expect any problems because he would take immediate action and will "lock up the first person who takes his clothes off" . The Board thanked Mr. Fraser for coming to the meeting and bringing the matter to their attention. Mr. Gerard Glinnen was at the meeting and expressed to the Board his desire to sell ice cream out of his vending truck in the Town of Newbury. The Board informed Mr. Glinnen that it would be an injustice to the Store owners in Newbury whereas they really only have about six months to try to make a living in Newbury. The request was denied, based on this same policy which has been followed previously. Greg Bashaw,addressed the Board and stated that he would like to apply for a permit for the installation and operation of a liquified Petroleum Gas Distributing Plant to be located on Route 1, adjacent to Newbury Auto Sales in Newbury. He said that the installation and opera- tion will be in accordance with all applicable state and local codes . He said that he has rented a small office . and he would like permission to run the business allowing him to obtain a 30 , 000 gallon storage tank. He plans to have piping and pumping apparatus for filling delivery vehicles ; piping and pumping apparatus for filling portable cylinders and motor vehicles . He added that he will sell wholesale and retail to industrial , commercial and residential consumers . He was informed by the Board that he would first have to have a hearing and should also notify all abutters by certified mail . The hearing was scheduled for our next Selectmen ' s meeting March 26th at 8 : 15 p.m. He is also to advertise no later than this Friday, March 15th. David Beach, Chairman of the 350th . Variety Show, attended the meeting and asked the Board ' s permission to have auditions at the Byfield Town Hall on Saturday, March 23rd, 9 to 12 , and on Sunday, March 24th, 4 to 8 at the Round School and also in April onewee'k;,: 1.5 or�6 times . He was informed that the Grange has the hall the second and fourth Thursdays and he should contact Bob Fields, who knows all about the hall and when it is free to be used for the auditions . Permission was granted Mr. Beach Selectmen ' s Meeting (Continued) March 12 , 198521� who said that he will be responsible for seeing .that the hall and school are left clean before leaving the premises . At the meeting of March 26th at 8 p.m. there will be a hearing, regarding D & J Liquors in Byfield. They want to transfer their liquor license. A hearing on bids for auditing the Town was held at 8 : 00 p.m. Bids were received from Charles E. DiPesa & Co. , 10 High Street, Boston, and from Melanson Professional Association, Certified Public Accountants, 188 Main Street in Nashua, N. H. DePesa quoted a price of $10 , 000 and Melanson quoted a price of $9 , 500 . 00 . The hearing was closed and the matter was taken under advisement. The hearing was re-opened and a motion was unanimously .passed to accept the bid of Melanson, being the lowest qualified bidder. A letter is on file from the Division of Fisheries and Wildlife (Thomas M. Sheehan, Wildlife Restoration Project Field Agent) . Mr. Sheehan, in his letter to the Board, detailed the State ' s policy on land acquisition, and he said that the Commonwealth is required by law to notify Town Officials 60 days prior to any land purchase. Chairman Machiros said that the M.V.P.C. ' s and the State ' s reply to the Board ' s concerns was a positive first step in improving relations between the town and state on the subject of land acquisition, adding that he was very pleased with the excellent response by the Commission and the Wildlife Service to our concerns . Chairman Machiros said that before he would approve any land acquisition plan, the Board would require some assurance from the State that the Town would be compensated for the loss of any tax revenues . A letter has been received from Protection Company No. 2 , President George L. Riel , advising the Board that in answer to the Board' s request, the Fire Company has unanimously voted to sell the parking lot, adjacent to the Town Hall , to the Town of Newbury, for the price of $35 ,000 . 00 providing that the Town of Newbury assumes all costs and fees relating to the sale of said property and providing that a registered easement be provided to the Company so that in the event of any functions at the Company, the lot would be available for parking. Chairman Machiros stated that an article will be acted upon at the Town Meeting dnd residents may vote on whether to purchase the parking lot. The article will be for $37 , 500 (the additional $2 , 500 is to cover costs and fees associated with the purchase. ) Chairman Machiros stated that the Board would ask the Townspeople to approve the transfer of funds from c�n1 'c.iux Selectmen' s Meeting (Continued) March 12 , 1985 Z 3 the Town ' s Stabilization Account. Shellfish Regulations and Management Plan for 1985-1986 were signed by the Board and will be filed with the Division of Fisheries and Wildlife. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING March 26 , 1985 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. The following warrants were signed by the Selectmen: March 12th 37W 38 , 706 . 80 36P 11 , 214 . 21 25RS 5 , 511 . 00 350th #21 16 . 06 19th 38W 25 , 275 . 71 37P 39 , 851 . 64 26RS 56 . 00 26th 39W 40 , 596 . 76 38P 8 , 386 . 29 27RS 112 . 00 22 ( 350th) 9 ,519 . 55 Mr. John H. McKeown from Plum Island, has written two letters of complaint to the Selectmen, regarding discarded and unregistered trucks and cars , and scrap lumber as well . In his letters of complaint he asked if there is anything the Board can do in order to have the mess cleaned up. After investigating, the Board found that we do not have any ordinance or by-law that pertains to Mr. McKeown ' s complaints . The Chairman stated that "In the spirit of this, I would like the Board to declare April as "Clean-Up-Month" . Selectman Lowe seconded this motion and Selectman Adams made it unanimous . The Board was in complete agree- ment that all residents in the Town should make a special effort to clean up their properties as the Town ' s 350th Birthday is fast approaching. The annual town meeting is scheduled for April 16th this year and Chairman Machiros has been in touch with Triton Bandmaster Robert Manseau and he has agreed to have two of his students "drum" the voters to the annual meeting. Proper costumes will be rented for the special occasion. The Chairman declared a ten minute recess . At 8 : 00 p.m. the meeting resumed, at which time a public hearing c�c1 P aa � Selectmen' s Meeting (continued) March 26 , 1985 was held regarding the application of Daniel P. Francescone, d/b/a D & J Liquors at 53- Main Street, Byfield, to transfer the All Alcoholic Package Store License now held by him, to B. Y. Field Associates, Inc. , d/b/a D & J Liquors, Richard C. Boettcher, Mgr. at the same address . There was no opposition voiced. Two people spoke in favor, and Chief George Riel said he could see no problems as .,long as Mr. Boettcher conduct the business in the same manner as Francescone has . The hearing was closed and the matter was taken under advisement. The hearing was re-opened- and permission was granted by the Board to transfer the license subject to the approval of the ABC Commission. At 8 : 15 a public hearing was held on the request of Gregory Bashaw of 118 Central Street, Byfield, and Paul Weldon of 366 Ferry Road, Salisbury, Mass . , to install a 30 , 000 gallon liquified petroleum gas storage tank on property adjacent to the Newbury Auto' Sales on the Newburyport Turnpike, Route 1 , in Newbury. Mr. Bashaw addressed the. Board and said that he was seeking their permission to install the 30, 000 gallon tank. The Board was in agreement that the tank was a permitted use at that location, and asked for the recommendation of the Gas Inspector and the Board of Fire Engineers . Mr. George Emerson, Gas Inspector, stated that he had inspected the tank and it looked to him to be one of the safest around; adding that "it is probably safer that the 20 pound gas grill tank that you have on your porch or stored in your cellar. " Fire Chief Wallace Pearson .said that the plan Bashaw presented was well within the safety codes for propane tanks set by the State; and he added that most tanks in town cannot meet the same safety standards met by the tank proposed by Bashaw. He said that he didn't see any Iproblems with it. Chairman Machiros asked Mr. Pearson if the Fire Department would hold periodic checks at the location of the tank and Mr. Pearson gave the Board his assurance that this would be done. Mr. Bashaw also assured the Board that all trucks, both loading and unloading at the site would adher to state code. He added that the normal business would be 7 a.m. - 5 p.m. weekdays and 7 a.m. to noon on Saturday. Newbury Auto Sales and Mr. & Mrs. Jerome Pimental were the only opposing parties. The Board seemed satisfied with Mr. Bashaw' s answers to, all questions posed to him. The hearing was closed and the matter was taken under advisement. The hearing resumed and Chairman Machiros stated that he would entertain a motion to grant the license upon receipt of the following: written report of the Fire Chief and the Selectmen ' s meeting (Continued) March 26 , 1985 Gas Inspector, also a constant monitoring. Chairman Machiros noted for the record that out of eleven abutters there were only two against the installation of the tank. The Fire Chief Wallace Pearson put in writ- ing three steps that shall be followed: 1 . License from Selectmen 2 . Consultant shall do a fire analysis - must be approved by State Fire Marshall 3 . Tank and pipe layout approved by Division of Inspection. The Board unanimously approved the license tantamount to the above list. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING APRIL 9 , 1985 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. The following warrants were signed by the Selectmen: April 2nd W40 14 , 640 . 20 P39 39 , 954 . 26 RS28 112 . 00 #23 ( 350th) 399 . 32 April 9th W41 163 , 535 . 84 P40 13 , 334 . 23 RS29 487 . 00 #24 ( 350th) 7 ,040 . 85 Two members of the Boy Scouts Troop 44 attended the meeting and presented the Board with an invitation to their 25th Anniversary Dinner which will be held on April 30th at 6 : 30 p.m. at the Newbury Elementary Round School on Hanover Street. The Board accepted the invitation with thanks . Upon Chief Riel ' s recommendation to the Board and after reviewing this application, the Board unanimously appointed Thomas J. White, 13 Springhill Road, Byfield, as a Reserve Officer with a s'ix month probationary period. Little League Director Donald Blair was present and discussed with the Board the prospects of obtaining money to fix up the different ball parks in town where the boys can play. The Board informed Mr. Blair that the budget for this year has already been set; however, he could submit his request next year if he preferred. Chief Riel offered Mr. Blair $100 . 00 from the Police Association and he was very happy to receive the donation. It was suggested to Mr. Blair that people attending the games should use the Byfield Elementary Parking Lot in order to avoid Selectmen' s Meeting (Continued) April 9 , 1985 blocking driveways and street parking which has caused congestion and complaints in the past. Mr. Blair was very agreeable to this . At 8 : 00 P.M. a budget hearing was held with reference to Revenue Sharing expenditures . The amount of Revenue Sharing funds to be discussed for this fiscal year is $107 , 000 plus anticipated funds of $114,267 . Chairman Machiros asked if anyone had any questions they would like to ask the Board or if anyone was in opposition. There were no questions and r no opposition was voiced. The hearing was closedand the matter was taken under advisement. The hearing resumed and a mot,o n was unanimously passed to accept the budget as read. The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING APRIL 23 , 1985 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. The Board reorganized, and by a unanimous vote, Chairman Angie Machiros was appointed to that position for the ensuing year. Selectman James A. Lowe was unanimously appointed to serve as Clerk. The following warrants were signed by the Selectmen: April 16th W42 45, 420 . 25 P41 39 , 773 . 10 RS30 5 , 333 . 00 April 23rd W43 57 ,691 . 68 P42 10,422 . 62 RS31 112 . 00 Mr. Joseph Hutchins was present at the meeting. He addressed the Board and stated that the reason why he attended the meeting was to find out if he could have a perc test performed at his property on Forest Street. Chairman Machiros asked Mr. Hutchins if he ever made accusations that he was denied a perc test by Board of Health' Agent James Lowe. Mr. Hutchins stated that he never made such accusations . Chairman Machiros took exception to Mr. Hutchins ' answer and said "Didn't you say that Mr. Lowe denied you a perc?" Hutchins said that his engineer contacted Mr. Lowe and was refused a perc test as Mr. Hutchins didn't apply until April lst. Mr. Lowe stated that the docket for perc tests was full for the Spring session, adding that if however a cancellation occurred, ci c�n u u a! Selectmen' s Meeting (Continued) April 23 , 1985 Mr. Hutchins would be notified and he would be given consideration. Otherwise, Mr. Hutchins could apply for a perc test in October. At this point, Chairman Machiros asked Mr. Hutchins why he waiting so long and didn 't apply until April lst. Mr. Hutchins said that he had been away for two months and didn't return until that time. Two recruiting officers for the National Guard, Lt. Greenler and Corp. Hickey, attended the meeting. They described the programs that the Guard has to offer and the courses that can be taken that give credits , should a member of the Guard desire to attend college. The Evacuation Plan will be discussed on May 15th. Interested residents , who have stated that they have a desire to serve_= the evacuation committee will be notified of the meeting and they will be given a copy of the Town ' s Radiological Emergency Response Plan. The . interested residents are the following: Mary Andreas , Elizabeth Banus , Cary Boyd, George Chase, Elizabeth DuGrenier, Priscilla Jaques , Pam Richardson and Margaret Stone. The Fire Chief , Highway Supt. , Civil z Defense Director and several other officials will also be notified to attend the meeting. Mrs . Patricia Skibbee has accepted the position of recording secretary in behalf of the town. Upon Highway Superintendent Ronald Pearson' s recommendation, the Board unanimously appointed Stephen Noyes as a permanent member of the Newbury Highway Department ( 6 months ' probationary period),:` A Mass . Electric pole hearing was held regarding the placement of a pole in front of the Brian Caldwell property on Elm Street. No opposition was voiced. Mr. David Caldwell and Mr. Ronald Pearson spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing resumed and permission was unanimously granted by the Board. By a unanimous decision of the Board, Virginia Cronin was hired as Clerk to the Board of Assessors with a six month probation period. Animal Control Officer Richard Cunningham requested a dog hearing be held at the May 14th meeting regarding a dog owned by William Ingraham, 70 Central Street, Byfield. He asked that he be allowed to serve the summons in hand to Mr. Ingraham and the Board was agreeable to this . The matter of the Plum Island Airport was discussed with reference to the condition of the property being an eyesore. It was the opinion of the Board that the property should be cleaned up. The owner will be 231 Selectmen ' s Meeting ( Continued ) April 23 , 1985 notified. Highway Supt. Ronald Pearson addressed the Board and said that residents in the town are being asked to accept new roads that he cannot adequately judge as meeting state standards . He said that he was of the opinion that he should be required to inspect new town roads throughout the construction process . He said that he would like to see the work before it has to be inspected, but as it stands now, "the Planning Board is asking us to accept roads that we don't even know are there" . Mr. Pearson said that roads under construction should be inspected first when being graded, a second time when the gravel layer is being set down, and finally when the finished road is being hot- topped. He added that right now, he reviews the work only after the new road is finished. The matter will be checked into by the Board with the hope that the situation can be corrected. Chairman Machiros noted that Sunday, May 5th opening ceremonies for the Town ' s . 350th Anniversary will start off with a commemorative church service Sunday morning at 10 : 30 at the First Parish Church on High Road. From there, activities will move to the Lower Green where at 1 p.m. the Newbury Elementary School Bank will perform. At 1 : 30 p.m. there will be an official welcome by the Board of Selectmen and area dignitaries , including State Representative Thomas Palumbo. After the presentation, the Newbury Elementary Glee Club will perform. At 3 : 00 p.m. students from Triton Regional School .Bank will perform and this will be followed by everyone enjoying a 450 pound Anniversary Cake. The cake will be designed by Students of the Culinary Arts Dept. of Whittier Vocational Technical School . The meeting adjourned at 8 : 45 p.m. Respectfully submitted, Doris Hodge, Secretary c+.nn SELECTMEN' S MEETING May 14 , 1985 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I. Adams were present. The following warrants were signed by the Selectmen: April 30th W44 12 , 002 . 79 P43 42 , 083 . 28 RS32 112 . 00 350th #25 1 , 200 . 64 May 7th W45 53 , 992 . 97 350th #26 18 . 23 RS33 543 . 00 P44 8, 359 . 62 14th W46 66 , 713 . 17 RS34 5 ,705 . 50 W27 350th 3 , 230 . 86 P45 42 , 509 . 74 Several Byfield residents attended the meeting with a request that Selectmen do something about large gangs congregating, drinking, breaking into homes, driving cars and motorcycles without regard for anyone, causing terrible noise disturbance and unrest among the residents of the Forest Street, West Street and River Road sections where there is a power line access road that leads into a wooded area. The Selectmen assured the residents of their cooperation and also asked that the residents cooperate with the .Police Department by giving the names of the parties responsible for the disturbances as the residents said that they knew some of the ones causing the trouble. Chief Riel assured them that patroling will be stepped up and arrests will be made without any fooling around if anyone is caught in that area in the future, causing any kind of trouble and that means drinking and disturbing the peace in general . Upon the recommendation of Chief Riel , the Board unanimously appointed Douglas Rogers as a full time officer, effective July 1 , 1985 . This appointment will expire July 1 , 1988 . The Board commended Mr. Rogers for the excellent manner in which he has conducted himself serving the town of Newbury. The Board unanimously appointed Charles. Bashaw as an Assistant Assessor for the ensuing year in an advisory capacity and this appoint- ment will carry no renumeration. A. dog hearing which was scheduled for 8 : 00 p.m. was postponed as the owner of the dogs, Willliam Ingraham, 70 Central Street, Byfield 235 Selectmen' s Meeting (Continued) May 14 , 1985 notified the Board that' he would be away until May 29th. The Board rescheduled the hearing for June llth at 8 : 30 p.m. Mr. Ingraham will be advised to attend the hearing or send a representative as there will be no further rescheduling and the hearing will be held at that time. At 8 : 30 p.m. a public hearing was held on a petition of Mass . Electric and New England Telephone to relocate poles on Sunset Boulevard in conjunction with the reconstruction of Sunset Blvd. No opposition was voiced. The hearing was closed and the matter was taken under advisement. Thbehearing was opened and permission was unanimously granted. r By a unanimous decision of the Board, a special town meeting will be held on June llth at 7 : 30 p.m. The Selectmen' s meeting will be held at 8 : 00 p.m. that evening. The meeting adjuourned at 8 : 50 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN,"S MEETING MAY 28 , 1985 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I . Adams were present. The following warrants were signed by the Selectmen: May 21st W47- 33 ,612 . 89 P46 8 ,051 . 23 R35 168 . 00 May 28th W48 151 , 008 . 12 P47 43 , 661 . 14 RS36 168 . 00 W29 ( 350th) 7 , 790 . 30 The Parker River Board Ramp was discussed. Chairman Machiros stated that he had received verbal assurance from the National Guard that assistance from them will be available in the near future. Chairman Machiros credited Sen. Robert Buell and Rep. Thomas Palumbo with aiding in securing the Guard' s assistance. Chairman Machiros stated that Beach Cleaning Equipment will be operating in the Newbury section of Plum Island on June 5th. He added that the clean-up was made possible through the efforts of Senator 2 7 Selectmen ' s Meeting (Continued) May 28, 1985 Costello and Representatives Hildt and Palumbo. The clean-up will begin at the Newburyport end of Plum Island on June 4th. Upon the recommendation Chief Riel , Officer David Powell was appointed Head Lifeguard at the Island this summer. The following Guards were appointed. Marie Nastasia, Jeffrey Jones , Marc Desjardins, Lara Wilkinson, Stephen O'Connell , Kristin Noone, Brendan Foley and Chris Ramsden. After reviewing his resume, and upon Chief Riel ' s recommendation the Board unanimously appoihted Greg Frappier as a Reserve Officer for(: the town ( 6 months probation) . Bob Colby was present and expressed to the Board his concerns about a proposed plan to seal off the ditches on the Marshland as a measure to control mosquitoes . He said that such a plan could be disasterous to his business and asked the Board if they could contact Essex County Mosquito Control and discuss the matter with them. The Board was in agreement with this , and will set up a meeting in the near future between the parties . A Mass . Electric and New England Telephone pole hearing was held on their petition to relocate one pole on Central Street and install underground cable at the corner of Courser Brook Drive. There was no opposition voiced. Ronald Pearson spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing was re-opened and permission was unanimously granted. The meeting adjourned at 8 : 45 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JUNE 11 , 1985 The Selectmen,',s Meeting was held-_at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I . Adams were present. The following warrants were signed by the Selectmen: June 4th W30 - ( 350th) 1 , 831 . 26 P48 8 , 453 . 51 W49 35, 026 . 62 RS37 858 . 00 llth W50 47 , 970 . 89 W31 ( 350th) 13 . 50 RS38 3 , 061 . 20 P49 43 , 856 . 35 239 Selectmen ' s Meeting (Continued) June 11 , 1985 A letter of request, addressed to the Board and written by Hope Bradshaw, Chairman of the Historical Commission was read by the Chairman. It was requested by the Commission that the Selectmen appoint Doris Sunman as the first Honorary Member of the Historical Commission in recognition of her contribution to the collection of historic information on Newbury. The Commission recommended in the letter several persons that they would like appointed as associate members and the Board approved of all of them. The associate members suggested will be appointed at our next meeting when the yearly appointments are made. At 8 : 00 p.m. a public hearing was held on the petition of Mass . Electric Co. and New England Tel . & Tel . to add three new poles on Low Street adjacent to the property of Neal Conley, Myrtle Rolfe and John F. Brown. No opposition was voiced. The hearing was closed and the matter was taken under advisement. The hearing resumed and permission was unanimously granted by the Board. t A public hearing was held at 8 : 30 p.m. regarding two English Setters belonging to William Ingraham, 70 Central Street, killing peacocks belonging to Brian Caldwell , 78 Elm Street. The public hearing was held under the provisions set forth in Massachusetts General Laws , Chapter 140 , Section 157 . The complaint was brought by Richard N./ Cunningham, Animal Control Officer, who recommended that the dogs be S restrained. Mr. Ingraham said that only one of the dogs was involved in the killing, and requested that that one be restrained, not the two of them. Selectman Adams went on record as agreeing with Mr. Cunningham and he said that he would like to see both dogs restrained for a period of six months . Chairman Machiros and Selectman Lowe were in agreement that only one dog should be restrained for a period of twelve months . The matter of compensation to Mr. Caldwell was discussed and Mr . Ingraham agreed to make payment forthwith in the sum of two hundred dollars (this was the figure that Mr. Caldwell had informed Ingraham that he was interested in being compensated for. ) The hearing was closed and the matter was taken under:Ladvisement. The hearing resumed and a vote was passed 2 to 1 that Mr. Ingraham shall make restitution to Mr. Caldwell in the sum of $200 . 00 , and shall restrain his black and white English Setter daily for a period of twelve months, and he ,shall keep the dog restrained until a release is obtained from the Animal Control Officer and the Board of Selectmen. He was informed GSA Selectmen' s Meeting (Continued) June 11 , 1985 o that failure to comply with this order could result in further action by the Town of Newbury as described in Chapter 140 , Section 164 , of the Mass General Laws . He was also informed that he had ten days to appeal to District Court of Newburyport if he so desired. Upon Chief Riel ' s recommendation to the Board, Patricia Perley was unanimously appointed to serve as a full time dispatcher for the Police Department. Patricia is presently a part-time dispatcher for theC.department. A dog complaint has been brought by David J. O'Neill , 31 Pearson Drive in Byfield, involving a dog owned by Paul and Sue Lima, 18 Pearson Drive. A public hearing will be held at 7 : 45 on June 25th. All parties will be notified. The meeting adjourned at 9 : 10 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JUNE 25, 1985 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiro.s opened the meeting. Selectmen James A. Lowe and Alan I . Adams were present. The following warrants were signed by the Selectmen: o June 18 , 1985 W51 99 , 094 . 35 P50 12 , 943 . 21 W32 3 , 600 . 00 25th W52 81 , 872 . 07 P51 134 , 888 . 41 RS39 6 . 85 W33 ( 350th) 100 . 00 A letter concerning the book "From Whence We Came" was read by the Chairman. It was written by'-.the niece of Miss Kathryn Brown who passed away on June 7 , 1985 ; and she wrote her concerns about the statement in the book which said that "the Newbury Town Library came into existence in 1976 and an open house was held in May of that year. " She called attention to the error inasmuch as her aunt was a dedicated worker in the Town Library for over 54 years , and during those years she kept a scrap book recording things of interest in Newbury. She said that her aunt made the Library a very special place for those interested in reading. The Board felt very badly about 243 Selectmen ' s Meeting (Continued) June 25 , 1985 this and the records will be set straight as far as logging the letter of Ruth Bolger in the records of the Town. A public hearing was held at -7 : 45 p.m. regarding a dog belonging to Paul and Susan Lima, 18 Pearson Drive in Byfield. The public hearing was held under the provisions set forth in Massachusetts General Laws, Chapter 140 , Section 157 . The complaint was brought by David J. O'Neill ; . 31 Pearson Drive, .who said that he felt that the dog is vicious, and he was concerned about the safety of his own dog and his child. He said that when he walked by the Lima house, their dog would rush out him and show his teeth. He said that he wasn 't asking that the dog be destroyed, just restrained. Other residents of the area were of the opinion that the dog should be restrained, (although they didn't think the dog was a vicious one ) , just scary to the children when he rushed out at them. The Limas were very cooperative, and stated that the dog was not a vicious dog but they felt that a lot of the children antagonized him on their way by the house./ The Limas said that the dog has been abused by several of the boys in the neighborhood and he had been badly pelted by stones when he was tied outside their home. There was one incident where a little girl was bitten by the dog; Chief Riel stated that the unidentified Pearson Drive woman brought her daughter to the Police Station and he noted that the skin was broken on the child' s ankle where she had been bitten. The Limas said that they have three children and they would not keep a vicious .dog. The Board asked Animal Control Officer, Richard Cunningham, for his recommendation. He started out by saying that the Limas were most cooperative, adding that he in "no way, shape or means considered the dog to be a vicious one" . He said that the dog likes to chase cars and had chased him several times . He said that he knew of no other physical attacks , other than the one mentioned. He recommended a temporary restraint. The hearing was closed and the matter was taken under advisement. The hearing resumed and the Board ordered the dog restrained during_ the daylight hours from 7 : 00 a.m. to 7 : 00 p.m. for the next twelve months . Both sides were very satisfiedF'with the order. Bids for road materials, a backhoe and a pick up truck were opened shortly after.-,8.'M-,p.m. Bids on road materials were received from Newbury Trucking, Fitzgerald Grading, George Caldwell Co. , Middlesex Paving, Trimount Bituminous Products and Brox Paving Materials/ One bid was received on the pick up truck from Donahue Motors for 2AK5 Selectmen' s Meeting (Continued) June 25 , 1985 $11 , 755 . 00 . One bid was received on the backhoe from Colcord & Son in Rowley for $24 , 900 . 00 , and this was with a trade. Upon a unanimous motion all bids were turned over to Highway Supt. Ronald Pearson for his recommendations . Mr. Pearson recommended both the Backhoe and Truck bids be accepted and the Board was in complete agreement. Mr. Pearson recommended road material bids be accepted from Newbury Trucking, Fitzgerald Grading, George Caldwell and. Middlesex Paving. The Board was in complete agreement with this recommendation also. Upon Chief Riel ' s recommendation and after reviewing her resume, the Board unanimously appointed Janet A. Brewster, 13 Old Pine Island Road as a part time dispatcher with a six month probation period. They also appointed upon the Chief ' s recommendation, Joseph P. Sessions and James--Rainbus as Assistant Harbormasters . Highway Supt. Ronald Pearson asked the Board if they would consider someone else to take over as Highway Supt. in the Fall , as he felt that he could no longer handle everything he had to do with the Highway and his own business activities . He said he loved the work but there just wasn' t enough time to handle everything. It was certainly understandable, and the Board commended Ronnie for giving so much of his time to the town (over and above the regular work day schedule) . Chairman Machiros said that he hated to replace him, but he understood and he wanted it on record that Ronnie gave the town 110o in his efforts to please everyone. Selectman Lowe stated that we are fortunate to have a very dedicated man working for the town and the Board was in complete agreement. The regular yearly appointment were made by the Board and are on file in the Selectmen' s Office. The Chairman made mention of the fact that all Commissions in the town have worked together very well this past year and he wondered how his other two colleagues felt. Both Selectman Lowe and Selectman Adams agreed that we are most fortunate to have so many dedicated people working for the good of the town. The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary 247 SELECTMEN' S MEETING JULY 9 , 1985 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I . Adams were present. The following warrants were signed by the Selectmen: June 26th W53 172 , 252 . 82 P52 11 , 308 . 27 RS40 3 , 338 . 69 W34 ( 350th) 461 . 91 June 27th W54 6, 087 . 51 P53 3 , 833 . 25 June 28th W55 27 , 179 . 92 W35 ( 350th) 12 , 142 . 00 RS41 2, 625 . 00 P54 337 . 50 The subject of Roger Thurlow' s wanting permission from the Board to install _ a 1 , 000 gallon propane storage tank on his property on Hanover Street was discussed. The Board could see no problem, whereas the Building Inspector had given his OK to the location, but the Board wanted the Fire Chief ' s recommendation ,in writing re- garding the installation of the tank. Fire Chief Wallace Pearson said that the Gas Company will propose 'a plan whereby Mr. Thurlow .will have to meet certain requirements , and the Chief will check to make sure he does meet the requirements . He will then forward his recommenda- tion in writing to the Board of Selectmen for their final OK of the license. A motion was unanimously passed to proceed with the granting of the license upon receipt of the Fire Chief ' s recommendation in writing, Mr. and Mrs . Daniel Stone, 15 South Pond Street, were present at the meeting and addressed the Board, with a problem they are having parking in front of their house, their car being towed, tickets being issued, etc.: Chief Riel,- said that he thought the situation had been straightened out in that he had advised the Stones where the best place to park was, in order that the Fire Truck or Ambulance could get through in case of necessity. He said that the problem of parking on both sides of the street has made it impossible to get through and in case of an emergency, they are just going to come up with some kind of a parking plan. Mrs . Stone said that she just wanted the Board to be aware of her problem and the assurance that her car will not be towed again or ticketed for parking in front of her house. The Chief said that if she parked where he asked her to, she should have no =problems . She agreed to park up against the berm in front of her house. J O A, O Selectmen' s Meeting (Continued) July 9 , 1985 The Chairman announced that work on the Town Boat Ramp will begin on Saturday morning (July 12th) and work will continue on Sunday also, in an effort to complete the ramp as soon as possible. The Chairman said that the National Goard construction teams will help dredge and remove fill from the site located off Route 1A. He added that we want to do a first class job there, and every effort has been made to address environmental concerns regarding the project. The ramp project has been approved by the State Department of Environmental Quality Engineering. Selectman Adams pointed out that the new ramp will also feature a new swimming float. He added that hopefully the congestion problem will be solved when the clammers move up to the ramp. Highway Supt. Ronald Pearson will supervise the project:. The meeting adjourned at 8 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN1°S MEETING JULY 23 , 1985 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I . Adams were present. The following warrants were signed by the Selectmen: July 2 , 1985 W1 25 , 098 . 72 July 9th W2 19 , 879 . 89 Pi 19 , 991 . 43 RS 1 168 . 00 July 16th W3 29 , 967 . 98 P2 11 , 190 . 64 RS2 1 , 338 . 00 W 1 ( 350th) 150 . 00 Albert -Walker from Byfield was present at the meeting, and the Board presented him with a Newbury Flag and a Commemorative Coin, in recognition of all his efforts as co-ordinator in making the July 4th Byfield Day Festivities including the parade, a big success . Mr. Walker thanked the Board and said that he wanted to thank all the Committee Members who helped him. Robert Foster, 11 Central Court, Byfield, presented the Board 251 Selectmen ' s Meeting (Continued) July 23 , 1985 -with a petition which read as follows : "We the people of Parker River Drive and Central Court, Newbury, seek answers to the following questions concerning the structure on # Central Court: Who owns the structure? Is there a Building Permit and for what intentions? Does this structure comply with present Zoning Laws? The petition was signed by 18 residents of Parker RiverDDrive and Central Court. Tom Ivone, owner of the premises in question was present at the meeting along with several of the people who signed the petition. The Building Inspector was asked if there was a building 'permit and Mr. Caldwell stated that there is a permit and everything is up to code in that '_it meets the town of Newbury' s Zoning By=Laws..°He said the permit was issued for a garage, storage area and work shop. Mr. Ivone was most cooperative in answering all questions that the petitioners asked. They asked what his plans were and he stated that he had a two stall garage and he will be repairing car radiators like his father has been doing for the past 15 years . The residents said that they were not in opposition to the business but they were concerned about their water supplies and how Mr. Ivone intended to get rid of the anti-freeze and other liquid substances that he will be using. Mr. Ivone said that he intends to comply with all of the town building and health codes and therefore will dispose of the anti-freeze in a safe manner. All questions were answered and the Board was satisfied with the results . A motion was unanimously passed to close the informal meeting. At 8 : 00 p.m. bids were opened for a 1985 11, yard dump body truck with a trade of a 1977 Ford. Bids were also opened for Grada ll Rental . Donahue Motor was the sole bidder on the truck in the amount of $13 , 332 . 62 with trade. Michael Foss Gradall Rental of North Andover was the sole bidder in the sum of $45 . 00 per hour with operator: Both bids were unanimously accepted by the Board. The Fish Commissioners requested the Board for permission to open Parker River from Route lA West for three days a week, Thursday, Friday and Saturday, commending July 26th with a two bushel limit. The Board unanimously granted the request. A letter from Stan Dixon, Secretary of Ould Newbury Associates was received and read. The letter requested that the Board name the currently unnamed road between Green and Hanover Street, at the Southerly end of the Upper Green, "HANDTUB LANE" . The Board was assured in the letter that should this request be approved, appropriate street signs will be erected and maintained at no cost to the town by the Ould Newbury Associates , Inc. The request was unanimously granted. The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary v SELECTMEN' S MEETING AUGUST 13 , 1985 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectman James A. Lowe was present. Selectman Alan I . Adams was unable to attend. The following warrants were signed by the Selectmen: July 23rd, 1985 W4 44 , 021 . 23 P3 18 , 061 . 52 RS3 175 . 00 W2 ( 350th) 6 . 56 July 30th W5 32 , 105 . 12 P4 13 , 611 . 78 RS4 1 , 275 . 00 W3. ( 350th) 65 . 93 At 8 : 00 p.m. , a public hearing was held on petition of Mass . Electric Co. , to add a new pole 9-4/84 Plan #598 on Orchard Street, approximately 292 ' onto Orchard Street, after the split with Middle Road, adjacent to the property of Barbara Campbell . There was no opposition. The hearing was closed and the matter was taken under advisement. The hearing resumed and unanimous permission was granted by the Board. A second public hearing was. held on petition of Mass . Electric Co. and New England Tel & Tel Co. to add a new pole 1/44S at 54 Central Street, adjacent to the property of Mary and Edward Rock. No opposition was voiced. The hearing was closed and the matter was taken under advisement. The hearing resumed and unanimous permission was granted by the Board. The Chairman of the Board called a 15 minute recess - as parties interested in transferring a liquor license were not present .for their 8 : 00 p.m. hearing. At 8 : 15 the meeting resumed and a public hearing was held on the application of Beachcomber of Plum Island, Inc. , d/b/a Beachcomber, Plum Island Blvd. , Diane C. Smith,Manager to transfer the All Alcoholic Restaurant License now held, to Patricia R. DeStafano, Manager, at the same address . There was opposition in writing from John Jaskolka, who lives behind -the Beachcomber at , Second Street, Plum Island. Mr. Jaskolka complained about the loud noise and music coming from the Beachcomber about three nights a week on weekends . He said that the music was so loud and noisy that he could hear it above his television in his house which is about eighty feet away. He said that it had been quiet for the last three or four years , but since the new people took over 255 Selectmen' s Meeting (Continued) August 13 , 1985 about a month and a half ago, it has been very noisy. He said that he was not asking to deny the license, but just keep the music and yelling down. The Board asked the new Manager, Patricia DeStafano, what she planned to do about the noise. The Board was informed by Paul DeStafano, who attended the meeting with Patricia DeStafano, that the type of music will be changed and there will be no more rock and roll type. It will definitely be lowered in volume so that the neighbors will not be annoyed in the future. The hearing was closed and the matter was taken under advisement. The hearing was resumed and the Board unanimously agreed to transfer the license upon the assurance that the music and the noise would be kept at a minimum with no more complaints coming from the neighbors . The license will be marked "No Loud Music" . A special town meeting will be held at the Town Hall on September loth at 7 : 00 p.m. A letter was read by Chairman Machiros from Supt. of Schools Gerald W. Kohn. The letter read as follows : "Upon consulta- tion with counsel , I suggest that the Newbury Special Town Meeting consider the following wording for a motion to accept the Equal Educational Opportunity Grant: That Newbury Town Meeting accept an Equal Educational Opportunity Grant for F. Y. 1986 in the amount of $121 , 072 . 00 made available to Triton Regional School District underrthe provisions of Section 4 , Chapter 70A provided that said acceptance does not require the town to increase its total budget for F. Y. 1986 . Signed/ Gerald W. Kohn, Supt.-of Schools . Chairman Machiros stated "This is over and above the budget that has been set for this fiscal year. " Upon Chief Riel ' s recommendation, the Board unanimously agreed to promote Sgt. Andrew Avelis to Staff Sgt. as of this date. Chief Riel stated that he had enough money in his budget to take care of the promotion and it was iTith this assurance that the Board gave their permission. The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary n r- G av SELECTMEN' S MEETING AUGUST 27 , 1985 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I . Adams were present. The following warrants were signed by the Selectmen: August 6th W6 23 , 966 . 10 P5 18 , 530 . 67 RS5 175 . 00 W4 ( 350th) 365 . 25 13th P6 14 , 655 . 80 W5 ( 350th) 158 . 45 RS6 8 , 550 . 00 W7 49 , 593 . 47 20th P7 18 , 544 . 69 W8 18 ,556 . 22 RS7 725 . 00 W6 ( 350th) 200 . 00 Chairman Machiros stated that there will be a special town meeting at the Town Hall September loth at 7 : 00 p.m. and he read the warrant in its entirety. The four articles in the warrant are on file in the Selectmen' s office. Mr. & Mrs . Harry White, 12 Fairview Avenue, Newbury, attended the meeting with 'reference to a drainage problem in front of their house. The Whites have attended previous meetings with the same complaint. Chairman Machiros said that he thought the last time they were in, the matter was taken care of as he hadn't heard since. The Whites said that the town truck arrive the next morning and they thought they would correct the problem, but the truck turned around and left and nothing was done. Chairman Machiros apologized to the Whites and said that he will personally go with someone from the Highway Depart- ment to conduct an on-site inspection of the area with the White ' s being present also. An attempt 'will be made to correct the drainage problem. At 8 : 00 p.m. a public hearing was held on petition of New England Tel and Tel for permission to place and maintain buried cable, manholes , handholes , with the wires and cables therein, markers and other fixtures in or under the surface of Central Street from existing pole 1/46 easterly and thence northeasterly to proposed buried cable on Courser Brook Drive, approximately 8 feet of buried cable. No opposition was voiced. A representative of the Telephone Company, Mr. Hall , was present and spoke in favor. The Board could see no problems with the installation. The hearing was closed and the matter was taken under r_ � 2(� Selectmen ' s Meeting (Continued) August 27 , 1985 advisement. The hearing resumed and unanimous permission was granted under the conditions set forth. The Chairman asked the other Board members if there was any other business that should be taken care of . Selectman Lowe stated that he thought that things are running along quite smoothly and added that having Police in Byfield has slowed the trucks up to some extent, and is very much appreciated by all the residents . Selectman Adams noted that the new light that was recently installed,'at'.the-Boat'-Ramp is not working. We will contact Mr. Pare in the morning and ask him to see that it is fixed. Mr. Pare is with Mass . Electric. The meeting adjourned at 8 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING September 10 , 1985 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and' Alan I . Adams were present. The following warrants were signed by the Selectmen: August 27 , 1985 W9 32 , 355 . 12 P8 13 , 499 . 51 RS 725 . 00 W7 ( 350th) 200 . 00 Sept. 3 , 1985 W10 30 , 622 . 10 P9 11 , 332 . 90 RS9 725 . 00 W8 ( 350th) 100 . 00 Chairman Machiros read a letter of resignation from Highway Supt. Ronald Pearson. He said that the growth of his business caused him to feel that he must resign from the Superintendent ' s position. The Board accepted his resignation with deep regret, and they were in agreement that Mr. Pearson will certainly be missed in that he put a great deal of effort into the Superintendent ' s position in order that all the highway projects ran smoothly. By a unanimous decision of the Board, Philip Osgood was unanimously appointed as Acting Highway Superintendent. He will receive an increase of $85 . 00 per week. He will be a salaried employee and no longer an hourly employee. Gino Bruzzese, who is operating the former Ted' s Mobile Station in Byfield, attended the meeting and requested that the Board grant him permission to have a Class II License. He plans to do general repairs 263 Selectmen ' s Meeting (Continued) September 10 , 1985 on foreign cars and he also plans to sell gasoline. He said that in order to have dealers plates, he had to hold a used car permit. Mr. and Mrs . James MacKay, 48 Main Street, Byfield, spoke in oppposition, saying that they were concerned that if Mr. Bruzzese was granted a Class II License, he would be selling used cars and a cluttered area around his Station would result. Mr. Bruzzese said that he does not plan on selling used cars at his station. He said that mostly, he will be repair- ing foreign cars , adding, " I am not interested in selling used cars . One car is all I am interested in. I plan to run a repair shop and a gas station. " Selectman Lowe noted that there were approximately 15 cars around the station this evening. Mr. Bruzzese denied this and said, "No Sir, there are 7 cars - I moved them in from Groveland. " Asked by Chairman Machiros , "Who is running the business" , Mr. Bruzzese answered that he is the owner and his son is working with him. Mr: Jeff Blazey of Lunt Street stated that a large truck, coming to the Station on Sunday, made so much racket that it cracked the window in the front of his house. Robert St. Hilaire and Wayne Fish who live in the immediate area of the station, both spoke in opposition. A motion was unanimously passed that a hearing on the issuance of the Class II License will be held on September 24th at 8 : 00 p.m. The Selectmen unanimously appointed Kevin Prendergast to represent the Town on the Merrimack Valley Emergency Medical Services Corporation. This appointment was made to fill the vacancy caused by the resignation of Rosemary Loveday. Mr. Paul Daubitz of 12 Annapolis Way appeared at the meeting with a complaint that the town had dumped about 100 tons of gravel on Annapolis Way so that his neighbor, Michael Villane, could gain access to his property at 9 Annapolis Way (accross the street from him. ) The Amount of gravel dumped, according to Daubitz , raised the road to the extent that his lots are now about 3 to 6 feet below the road. He asked if something could be done to return the grade of the street to go with the natural grade of his property, saying, "my property has been put in an adverse situation" , adding, "I am appealing to all three of you to help address my problem so that I don 't have to drive off a six foot cliff in order to get on to my property" . He said that he was surprised to see the gravel dumped there in the first place,, as the Conservation Commission has been against it in the past. Chairman Machiros^stated that he - went to the--site along with members of the Selectmen' s Meeting (Continued) September 10 , 1985r-'v J Conservation Commission. He said that the town is required to provide residents with access to their homes, and at the same time that they tried to remedy the Villane situation, so that he could gain access to his property, they also tried to remedy the Daubitz situation, but Daubitz and Villane don 't seem to be able to get along and have been carrying on a personal battle for some time. When Daubitz learned of what they planned to do, he said that "that would mean that he (Villane) is going to get something, and I don't want that. Both the Conservation Commission Chairman and Chairman Machiros said that the Conservation Commission tried hard to help Mr. Daubitz , so that he would have access to his property also, but Daubitz wouldn 't accept their help because he didn't want to do anything that would help Villane gain access to his property. Daubitz denied this but Conservation Commission Chairman Benjamin Pearson said that he would substantiate the fact that Daubitz rejected their help at the time that they went down to the site. Selectman Adams noted that the lots that Daubitz is talking aout are both in a water recharge area and it is unlikely that they will ever be built on. Chairman Machiros added that the lots are in a gully and he said "Be realistic Paul , there' s a 25 foot hole there" . Daubitz said, "I only want the street 'to follow the contour of the land. " A motion was made by Selectman Adams that in the event that Mr. Daubitz was able to obtain the proper permits to build on the lots that are located in that 25 foot hole, then, the town would be bound to give him access also. The motion was seconded by Selectman Lowe and made unanimous by Chairman Machiros . In other business upon Chief Riel ' s recommendation, and after reviewing his resume, the Board unanimously appointed Michael Wary, Riverview Drive, as a part time reserve officer, with a' six months ' Probation period. The meeting adjourned at 9 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary 0 267 SELECTMEN' S MEETING September 24 , 1985 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened -the meeting. Selectmen James A. _Lowe and Alan I - Adams were present. The following warrants were signed by the Selectmen: September 10 , 1985 W1 . 2 , 454 . 65 W9 ( 350th) 119 . 90 R10 7 , 420 . 00 P10 46 , 196 . 82 W11 7 , 424 . 55 September 17th W12 78 , 913 . 69 P11 10 ,047 . 56 RS11 1 , 275 . 00 Members of the Olde Newbury Associates , Peter Waterman, Fred. Knight and. Stan Dixon, were present at the meeting. They were congratu- lated by the Board upon their recent success in winning both the 1985 New England League Championship and the full-scale muster they sponsored on the Upper Green. Chairman Machiros presented the group with a Newbury Flag on behalf of the Board. At 8 : 00 p.m. a public hearing was held regarding the issuance of a Class II License to Gino Bruzzese, owner of G & G Service Station, 17 Central Street, Byfield. 31 Byfield residents living in the area of the station were in attendance to voice opposition because of the residential character of the area. The Board was in agreement that the "people have spoken" and the hearing was closed and the matter was taken under advisement. The hearing resumed, and the Board unanimously voted not to grant the license. The same residents that appeared regarding Bruzzese, spoke to the .Board about trucks , as well as cars , speeding through the Byfield section of the town. After a discussion- between the Board, the residents and the Chief of Police, the Board unanimously voted that immediate action should be taken in the interest of public safety to post the area between the Elderly Housing and the Georgetown Line 20 MPH, and the police will be on duty to enforce the same. At the expiration of thirty days , Chief Riel will report back to the Board. The town treasurer, Dolores Krupowicz , has requested that her part time helper, Bernice Ward, be put on full time as she has proved to be very capable. The Board was in complete agreement with the request with the stipulation that Mrs . Ward obtains a physical examination. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary ern SELECTMEN' S MEETING October 8 , 1985 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . The following warrants were signed by the Selectmen : September 24, 1985 W13 48,330 . 11 P12 46 ,045 . 66 R12 1 , 275 . 00 W10(350th) 279 . 49 October 1 , 1985 W14 33 ,279 . 19 P13 9 ,318 . 54 R13 725 . 00 W11 (350th) 6 . 00 The Board acknowledged the resignation of Janet Farren, who has worked as a Senior Aide for the Town of Newbury, for the last nine years . The Board was in agreement that Janet will be missed a great deal . She was not able to attend the meeting , however, Ryeburn Lynch, who attended in her behalf accepted from the Board a certificate of appreciation, a silver commemorative coin and a gift certificate for dinner at Sailor Bill ' s Restaurant . Mr . Lynch thanked the Board in her behalf . Mr. James Stone was present at the meeting . Mr . Stone was active in the historical research for the town ' s 350th anniversary celebration. He told the Board that a Byfield resident , Beniamin H. Jellison, received the Congressional Medal of Honor for his efforts at the Battle of Gettysburg during the Civil War. He said that Massachusetts towns with Congressional Medal of Honor Winners are few and far between . The Selectmen authorized Mr . Stone to investigate the cost of a bronze plaque that possibly could be placed on the statue on the Upper Green in Mr . Je,llison ' s honor . Mr . Stone was oaf the opinion that it would be under $400 . 00 . Chairman Machiros commended Mr . Stone for his interest in the Town ' s heritage , and- said that perhaps some of the money remaining in the 350th Account could be used to pay for the plaque . Mr . Stone said that we can have the medal of honor on loan if we are able to display it safely., In other business - upon Chief Riel ' s recommendation, and after reviewing her resume , the Board appointed Kathleen Ann Dion, 18 Hanover Street, Newbury, as dispatcher for the Newbury Police Department with a six months ' probation period. The Chief stated that David Powell , who has been a full time dispatcher has resigned . The following petitions have been entered into the records : 1 . Petition from Michael Villane . 2 . Petition from Paul Daubitz . 3 . Petition from group of residents interested in tightening restrictions Selectmen ' s Meeting (Continued.) October 8 , 1985 271. on septic systems (no Fall peres) , in order to help control the growth of Newbury. . Chairman Machiros commended the Chief of Police , the Fire Department and any and all persons that helped out at the time of Hurricane Gloria . The entire Board was in agreement that compared to other parts of the'State Newbury was very fortunate . A special thanks went out to John Salter who donated his busses to help people off the Island, etc . The Chairman asked his two colleagues how they thought things were going and they were both in agreement that everything is running along quite well . The meeting adiourned at 9 : 00 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING OCTOBER 22 , 1985 The Selectmen ' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . The following warrants were signed by the Selectmen : October 8, 1985 W15 110,231 . 85 P14 49 ,079 . 07 W2 2 ,417 . 70 W12 (350th) 300 . 00 W14 (R, S . ) 7 , 625 . 00 ' October 15th W16 24, 503 . 67 P15 10, 155 . 12 RS15 1 ,070. 00 Bennett Slotnick of Byfield appeared at the meeting and presented the Board with a petition signed by 63 resident , mostly .from Byfield. The petition stated that uncontrolled growth can cause underground aquifier pollution. The group that attended the meeting told the Board that they were of the opinion that regulations on percolation tests for septic systems should be stiffened by reducing the percolation rate from 30 minutes to 20 minutes , and by eliminating Fll perc tests , adding that they thought that this would help to limit growth in Newbury. The Board was in agreement that the regulations should stay as they are, and felt that lowering the time limit on the peres might very well affect many long time Newbury residents that wanted to leave their children portions of their property to build on and continue to enioy living in Newbury. The group came up with another suggestion that an immediate moratorium be placed on peres for 6 months or a year . Board of Health 2.ci n 3 Selectmen ' s Meeting (Continued) October 22 , 1985 Agent James Lowe stated that engineers , as well as backhoes , had already been hired, and he felt that this was the "llth hour" , and in no way would be call a moratorium. The group that attended the meeting suggested to the Board that Mr . Edward DesJardins represent them at any future meetings that delt with the growth of Newbury. The Board was . in agreement with this . Mrs . Hope Bradshaw has sent a letter of resignation as Chairman of the Historic Commission. She stated in her letter that she would like to remain on the commission as an associate member and suggested to the Board that James Stone fill the facancy caused by her resignation. The Board accepted her resignation with deep regret and was in complete agreement with her recommendation of James Stone . . He was unanimously appointed to serve on the commission. Mrs . Bradshaw will serve as an associate member . Mrs . Martha Hopping, 39 Hanover Street , Newbury, applied for a permit to sell antiques from her home on Hanover Street . Abutters , Mr . & Mrs . John Sarney, 43 Hanover Street , appeared in opposition. Zoning Enforce- ment Office , David Caldwell , stated that Mrs . Hopping had a right to operate a business under home occupation. He further stated that he would only take action to stop her if any complaint in writing was sent to him in the future . The Board unanimously granted their permission. A letter was received by the Board from a group of residents , stating that they were in opposition of the Chase Farm opening up a stand on Parker Street . The land on Parker Street belongs to Chase. . A discussion followed, and the residents who appeared at the meeting with reference to this matter questioned Building Inspector as to whether Chase had applied for a building permit , and Just what his feeling were in regard to the same . Mr . Caldwell said that Chase had not applied for a building permit . He said that he would research the matter and then he would talk with Town Counsel and the Board of Selectmen before making a determination . The matter of the 20 MPH speed limit in Byfield center came up for discussion, and it was recommended by the Chief that the speed limit be 30 MPH from Byfield Snuff Company on West Street to the Byfield Post-Office • The^Board was= in•,comp,lete 'agteement . ' �Laurefice" Martin, 21 Pine Island Road, Newbury, was unanimously appointed as a special police officer for the First Parish Church on High Road. The meeting adjourned at 10 : 15 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING 275 November 12 , 1985 The Selectmen ' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . The following warrants were signed by the Selectmen : October 22 , 1985 W17 85 ,336 . 47 P16 46 , 737 : 92 RS16 725 . 00 W3 (COA) 2 ,439 . 80 October 29 , 1985 W18 50,035 . 45 P17 8,415 . 57 RS17 725 . 00 A communication from North Essex Veterans ' Service District in Georgetown was received and read by Selectman Adams , who is Chairman of the Veterans Service Group . The letter read as follows : Commissioner Halachis Office of the Commissioner Mass . Dept . of Veterans Leverett Saltonstall Building Government Center . 100 Cambridge Street Boston, Mass . Dear Commissioner Halachis : At a meeting of the District Board held on 7 November , 1985 , the Board reached agreement to appoint Philip J . Crowley of West Newbury to succeed Charles J . Bashaw; who resigned effective 30 November , 1985 . Mr. Crowley is a WW II Veteran; and will assume the duties of Director on December 2 , 1985 . Mr . Bashaw has agreed to stay on until 13 December 1985 to affect an orderly transition. Your cooperation will be greatly appreciated. Sincerely yours , s/ Alan I . Adams , Chairman No . Essex Veterans Service Service Distric The Board was in complete agreement that Philip J . Crowley would make a good successor for Mr . Bashaw, who will be sorely missed as he has been an excellent Agent for the Veterans . The unanimous appointment of Philip Crowley was made by the Board. The Board recessed until 8 : 00 p .m: when a public hearing was held on petition of Mass . Electric Company and New England Telephone and Telegraph Company for permission to add six poles 12/5 thru 12/10 on Chute Road adiacent to the property of Allen P. Rogers and Alfred C. Miller. Plan No . 599 . There was no opposition voiced and the Board gave their unanimous approval . A public hearing--was held on petition of Mass . Electric Company and New England Telephone and Telegraph Company for permission to relocate pole 103/8 on Annapolis Way 25 ' closer to Southern Blvd. , adi-acent to the property of Robert Winslow. No opposition was voiced and the Board unanimously granted permission. 277 Selectmen ' s Meeting (Continued) November 12 , 1985 A public hearing was held on petition of New England Telephone and Telegraph Company for permission to place and maintain approximately 5 feet of buried cable from existing pole 9/83 on Orchard Street , South- easterly, Plan No . 3033 , dated 10/29/85 . John Karahalis and a repre- sentative of the New England Tel & Tel (Mr . Shanley) spoke in favor and no opposition was voiced. The Board unanimously granted permission. A public hearing was held on petition of Mass . Electric Company and New England Tel & Tel for permission to add four poles on the end of Low Street at the Plummers Lane end, adiacent to the property of Richard H. Knight , Plan #601 and for permission to add four poles on Plummers Lane starting at Law Street with two poles adiacent to the property of Melville Pratt and two poles adjacent to the property of John F. Brown, Plan #602 . Representative Thomas Palumbo attended the meeting with reference to the John P. Marquant property on Kent ' s Island . He presented the Board with a copy of legislation filed by him to establish a commission comprise( of local and state representation with a responsibility to make recommenda. tions , (including proposals for legislation relative to the study of the Marquand Estate , Kent ' s Island, Newbury, Mass . ) .. This issue is of importance to many townspeople in Newbury, as well as throughout the country, Rep. Palumbo said. He added, "The commission would be in exist- ence for three months , during which time , I am. confident that many will come forward who possess the resources , knowledge and commitment to give this issue the close attention and deliberation that it so properly deserves . He said that six interested residents attended a meeting in Boston, including 11 year old Jeffrey Noonan of 248 High Road, who has been campaigning to preserve the Kent ' s Island home. Chairman Machiros said that he sympathized with the young man in his efforts to save the property and he congratulated Rep . Palumbo for the interest that he has taken in this very important issue . Chairman Machiros stated that the time capsule will be buried at the Lower Green on November 17th, and will contain the town' s Special Edition of Town Report , three VCR Tapes (the opening ceremonies of the town meeting, the land of first settlers ' reenactment , the mock Civil War battle and saltmarsh haying , a copy of "Images of the Past , " as well as one of the program books , called, "From Whence we Came" , and a copy of a sketch of the "History of Newbury, Newburyport and West Newbury" by Joshua Coffin. Also a list of all 350th Committee members , also various commemoratives and souvenirs , including silver, bronze and Selectmen ' s Meeting (Continued) November 12 , 1985 279 aluminum special anniversary coins . In addition, a Newbury Town Flag , photos from opening ceremonies and various festivities held throughout the year , a special decorative number plate , a ticket to the 350th Anni- versary Ball and Letters from the present Board and Selectmen, the Police Chief and the Town Clerk. The time capsule will be dug up in the year 2035 . The meeting adjourned at 8 :45 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING November 26 , 1985 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . The following warrants were signed by the Selectmen : November 6 , 1985 W19 92 , 101 . 72 P18 46, 718 . 66 RS18 725 . 00 350th W-13 3 , 800 . 00 November 12 , 1985 W20 38 , 105 . 44 P19 -9 ,867 . 98 COA #3 2 ,435 . 20 RS19 175 . 00 November 19 , 1985 W21 84, 569 . 25 P20 45 , 993 . 57 RS20 175 . 00 350th #14 2 , 162 . 10 Chairman Machiros read the following notices : "Parking of any vehicles on any street in the Town of Newbury, between the hours of midnight and 6 :00oa .m. will not be allowed from December 1 , 1985 , to April 1 , 1986 . Violators ' vehicles will be towed at their expense . " "The Town of Newbury has submitted its report to the Census Bureau on the actual uses of General Revenue Sharing Funds for Fiscal Year 1985 . A copy of this report and supporting documentation are available for public inspection at Town Hall , 25 High Road, Newbury, Mass during normal working hours . " The Board unanimously approved of a transfer of an All Alcoholic Beverages License from Beachcomber to Beach Haven, Inc . , at Plum Island. The problems with noise at the establishment have been correct and with the assurance of the manager, Patricia DeStefano, that she will continue to run an orderly business , the Board was unanimous in their decision to grant the transfer . c►n'11 Selectmen ' s Meeting (Continued) November 26 , 1985 e"'.L A notice from Newburyport Cablesystems was received and read by Chairman Machiros . The notice stated that effective February 1 , 1986 , the monthly rate for basic service will be $11 . 95 per month. All other rates and charges for additional services and premium channels will remain at their current levels . The subscriber will receive notifica- tion of this change during .the second week of December in the form of a letter from Newburyport Cablesystems . Chairman Machiros read the following communication from John Bailey,Fox, Jr. , stepson of the late Lispenard B. Phister . Mr . Phister passed away on November 24, 1985 . He was Counsel for the town of Newbury from 1940 to 1949 . "To the Selectmen of the Town of Newbury : Please create a memorial fund in memory of Lispenard B. Phister of Newbury. The fund will be formed by contributions made in memory of Mr. Phister. The fund may be expended by the Selectmen of the Town of Newbury in whatever manner would best-,memorialize Mr . Phister and benefit the residents of Newbury and Newburyport . s/ John Bailey Fox, Jr . The Selectmen unanimously approved of the fund being accepted for the town. The Board unanimously approved a home occupation license it-9"'Central Court in Byfield. Diane Morrell said she plans to do manicures and nail design by appointment only, and there would only be . one customer at her house at a time . Chairman Machiros stated that some home occupations have been protested recently by residents concerned about businesses in residential areas , and he asked Mrs . Morrell if she had notified her neighbors of her plans . She replied. that she had and there was no oppo- sition on their part . She said that she expects to receive her license from the State Board of Cosmetology next week. The Board unanimously approved the license pending Morrell ' s receipt of the State License . No home occupation license will be given out until that time . The Board instructed the Highway Superintendent to see that a strip of Graham Avenue (left unfinished after a water pipe installation one month ago) should be paved and the town will bill the contractor Orin Rogers for the work. Mr . Rogers has stated that he cannot find the time to finish the Job himself . Chairman Machiros said that it is not the Town ' s usual policy to finish work for contractors, however, the town will pave the strip, which extends across the street , because it is important to finish it before winter and because residents have been complaining . Highway Supt . Philip Osgood said that Rogers did fill the ditch with gravel , adding that he asked Rogers several times to pave the r 283 Selectmen ' s Meeting (Continued) November 26 , 1986 spot, but Rogers said that he was too busy. The Chairman stated that two to three weeks should have been enough time to complete the Job. Selectman Lowe stated that cars are travelling 40 to 50 m.p.h. on Main Street, and in his opinion, Lunt Street should be made into a one way street going east . Chairman Machiros said that the matter should be looked into in the Spring and make a decision as to what can be done . Beginning in January, residents and land owners may buy special stickers for their cars which will allow them to park on Plum Island and to use the town dump and boat ramp . The Board approved the stickers which will cost $2 . 00 per year, and can be purchased from the Town Clerk during the week, and from the Police Department on the weekends . The new stickers will be a different color each year for easy identification and will carry an expiration date . For the record : The Perambulation for 1985 was successfully compieted,. The meeting adiournednat 9 : 00 p .m: Respectfully submitted, Doris Hodge , Secretary SELECTMEN ' S MEETING December 10, 1986 The Selectmen ' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . The following warrants were signed by the Selectmen : November 26 , 1985 W22 100,083 . 67 P21 10, 605 . 79 RS21 7 , 075 . 00 December 10, 1985 P22 46 ,980 . 33 R22 175 . 00 W23 15 ,019 . 99 At 7 :40 (as required by law) a public hearing was held, to determine the percentage of the tax levy to be borne by each class of real property for fiscal 1986 . It was the recommendation of Assistant Assessor Crowley, to petition the State to approve a tax rate of $11 . 60 per thousand on assessed property value. The rate would be the same for both residential and commercial real estate properties . The proposed rate is down from last year ' s rate of $14 . 50 . The matter was discussed. The hearing was closed and the matter was taken under advisement . The hearing resumed and no opposition was voiced. A motion was unanimously passed that we go with the assessors ' recommendation and go with the single tax rate . Selectmen ' s Meeting (Continued) December 10, 1985 A letter bf resignation was received from John Karahalis . Mr . Karahalis stated that because of family obligations and personal time constraints he felt that his resignation from the Appeals Board and the Conservation Commission was in order . The Board accepted John ' s resigna- nation with deep regret . By a unanimous decision, Bruce Irving was appointed to fill the vacancy on the appeals board, and Elizabeth Stone was appointed to fill the vacancy on the Conservation Commission. Mr . Bruce Irving was present at the meeting . He spoke to the Board and told of his recent trip to Newbury, England. He said that at the request of former Town Clerk Ralph Lowell , he delivered commemorative items to the Honorable Brian Thetford, executive director of the Newbury District Council , Berkshire , Engl"and! He said that Mr . Thetford expressed the desire to officially twin with Newbury, and explained that "twinning" means "both towns" through their respective officials maintain an open relationship leading to improved exchange of people , ideas , and Just plain hospitality, " and that he recommended student exchanges and pen pal listings to maintain that relationship . Mr. Irving presented to the Board, the official town report of Newbury, England, its history, a plate and the town crest with motto . The town crest will be displayed in town hall . Chairman Machiros suggested that the town develop its own crest with a motto, and a flag on which to display it . He requested volunteers to design it . The Triton School' D- strict requested by letter, a special town meeting before February 15th to accept the Professional Development Grant from the State , which establishes an $18,000 minimum teacher salary. Chairman Machiros said that if a meeting was called, residents could be asked to accept reimbursement from Hurricane Gloria expenses . Police Chief George Riel estimated the storm cost the town $8,000 . 00. Federal reimbursement should be about $5 , 700,. 00 and from the State about $960. 00, he said. It was noted that any reimbursement will go back into the General Fund, and an Article will be drawn to that 'effect . Members of the Board unanimously agreed that the next Selectmen' s meeting will be held December 17th because of the Christmas Holiday. Patricia Millman, 59 Plum Island Turnpike , Newbury, was appointed (Upon Chief Riel ' s recommendation) , as a part-time dispatcher, with a six month probation period. 287 Selectmen ' s Meeting (Continued) December 10 , 1985 Chief Riel presented the Board with a letter which read as follows : Gentlemen : In order to comply with the federal Fair Labor Standards Acts , it is necessary to request the Special Police Detail Rate as follows : Per Hour rate : 16 . 50 with minimum of four hburs . Overtime rate : 24 . 75 (rate applies after 6 :00 p.m. Fridays to 6 : 00 a .m. Mondays) . Does not apply to School Functions or to any detail worked for the town of Newbury. It is requested that these rates be established immediately as the town is responsible under the FLSA for hours worked after April 15 , 1985 . Sincerely, George L. Riel , Chief of Police The Board was in complete agreement with this communication. The month of January was proclaimed by the Board as March of Dimes month. The meeting adjourned at 8 :30 p .m. Respectfully submitted, Doris Hodge , Secretary ' SELECTMEN ' S MEETING December 17 , 1986 The Selectmen ' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . The following warrants were signed by the Selectmen: December 10, 1985 P23 22 , 794. 96 W15 (350th) 340 . 27 RS23 375 . 00 W24 30,453 . 54 Chairman Machiros stated that with the Christmas holiday approaching , the town hall will be closed on "Tuesday, December 24th at 1 : 00 p .m. and will re-open on December 30th at 7 : 30 a .m. This will be considered as a Christmas Bonus for the town employees . The Chairman also noted that he has heard from Dr . Henry Trainor , 1 Chairman of the Finance Committee . Dr . Trainor has sold his home on Maple Terrace and will be moving out of town. He has indicated that he will be resigning from the Finance Committee but said that he would like to continue working in an advisory capacity with the other members in helping them with the five year plan that is now being worked on. The Board was most happy to hear that Dr . Trainor is willing to help, and at the same time they are saddened by the news that he will be moving out of town as he has been a tremendous help to all of us and will be missed Selectmen ' s Meeting (Continued) December 17 , 1986 p 3 a great deal . A motion was passed that upon receipt of Dr . Trainor ' s letter of resignation, a letter of deep regret will be sent to him, and if that time does arrive , a motion was passed to appoint Bruce Irving to sill the vacancy on the Finance Committee . Selectman Adams made a motion that the town continue to work on the Emergency Response Plan for Seabrook Station and to cooperate with MCDA (Massachusetts Civil Defense Agency) and FEMA (Federal Emergency Management Agency) in the training and exercises that are scheduled, in order to see how workable these plans are by further working on the Emergency Response Plans . However, this will not constitute approval of the Emergency Response Plans by the Town of Newbury because of Article 30 in the 1983 town warrant . Selectman Lowe seconded this motion. Chairman Machiros stated, "before I make this motion unanimous I want to state that I thoroughly reviewed Town Counsel ' s opinion as Alie and Jim did. There is no doubt in my mind that the acceptance of communication equipment , sirene ' s , materials or whatever is needed to implement this plan will be borne by the Utility and in no way does it conflict with Article 30 of the 1983 Town Meeting . We will test the emergency :response plan procedures so that we can get a much better idea if in fact a workable plan can be implemented. For the record, I attended a meeting in Boston with FEMA, and asked these exact same questions . I was very impressed how carefully they scrutinized the state plan in their informal review process , and I would feel more confident by sending in our plans that we have completed thus far to FEMA for an informal review to see whether in fact the workable plan can be implemented, but most importantly, this is a strictly informal review, and does not commit our community in any way of acceptance of the response plans . Selectman Adams and Selectman Lowe were in complete agreement with this and the motion was then made unanimous . Chairman Machiros further addressed Chief George Riel , Civil Defense Director , pertaining to the location and setting of the poles for the warning system and sirenes , and asked his assurance that they were all located on town property and he was satisfied with these locations . Police Chief George Riel addressed the Board and stated that the recent appointment of Patricia Millman as a part time dispatcher did not work out as planned and he would recommend in her stead the appointment of Sandra Liebman, 18 Larkin Road. He felt that she would be a real asset to the Department . The Board agreed with Chief Riel , and the appointment was made . The meeting adjourned at 8: 00 p.m. Respectfully submitted, Doris Hodge , Secretary 291 SELECTMEN ' S MEETING January, 14, 1986 The Selectmen ' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . The following warrants were signed by the Selectmen: December 17 , 1985 W25r::.._' 19 , 252 . 67 P24 55 , 520 . 66 RS24 7 ,250 . 00 W4 (COA) 3 ,366 . 80 December 24, 1985 W26 51 ,255 . 00 RS25 521 . 35 W16 (350th) 2 , 119 . 50 December 31 , 1985 W27 17 ,393 . 33 P25 45 , 107 . 27 RS26 175 . 00 January 7 , 1986 W28 87 ,065 . 95 P26 10,413 . 26 RS27 725 . 00 W17 (350th) 15 . 24 W5 (COA) 2 ,323 . 00 Chairman Machiros said that for the record, congratulations should go out to the Patriots in their recent win over the Miami Dolphins . Mr . John Karahalis was present at the meeting . The Board presented him with a town flag and a silver commemorative coin in recognition of the many years that he has served the town. John recently resigned from the Zoning Board of Appeals and the Conserva- tion Commission, and his services on those committees will be missed a great deal . Mr . Walter Cotton, Fordham Way, Plum Island, a WWII Veteran was present together with our new Veterans ' Agent , Philip Crowley. The Board presented Mr . Cotton with several Distinguished Service Medals - a Bronze Star , a European Theater Medal with two battle stars ; an occupation medal , a WW II Victory Medal and a Good Conduct Medal . The Board congratulated Mr . Cotton who was very appreciative of the presentation to him. The subject of the Radiological Emergency Response Plan for Newbury was discussed. Selectman Adams was under the understanding that the school portion of the said Plan was sent in to the Federal Emergency Management Agencyvfor review. However, he felt that the entire draft of the Radiological Emergency Response Plan should be sent in to the Federal Emergency Management Agency for their informal review and in that way we would have a better idea as to how the plans were progressing and this would help us in preparing for the scheduled exercises that would test the plans to see if they are adequate . However , helfelt that . he wanted to make sure that this is just an informal review and does not commit the town to the acceptance of the pain. He said that he would put this in the form of a motion: - that the complete draft of the Radiological Emergency Response Plan for Newbury be submitted to the Federal Emergency Management Agency for their informal review, with the understanding that the town is in no way committed to accept the said Plan. This motion was unanimously passed. A letter of resignation was received from Dr . Henr.y,•Trainor as Chairman of the Finance Committee . The Board accepted his resignation with regret and unanimously accepted Dr . Trainor ' s offer to remain on the Board in an advisory capacity. A motion was unanimously passed 00 - Selectmen ' s Meeting (Continued) January 14, 1986 to appoint Bruce Irving to the Finance Committee as a replacement for Dr. Trainor . A Long Range Planning Committee was the next subject for discussion. The following persons were unanimously appointed to serve on the committee Edward DesJardins, Charles Bashaw, Lester Jones, Richard Cunningham, Fred Scott and Christine -Spillane . Chairman Machiros stated that this committee will be working directly with the Board of Selectmen and whoever is chairman of the committee will report to the Board, and together they will see what direction they should go in. The committee will study not only the growth of Newbury but will also look at all aspects of the town, such as meeting with the school officials , studying the budget, etc . The Chairman stated to Mr . DesJardins (who was present at the meeting) that the committee should hold all meetings in the town hall and never in private homes . Gerald W. Kohn, Supt . of Triton Regional School was prsent at the meeting and requested that the Board set a date for a special town meeting to allow residents to vote on various articles that pertain to the salaries of the teachers employed by the . town. The Board was in agreement and the meeting will be held at 7 : 30 at the town hall on January 28th, prior to the Selectmen ' s meeting . A copy of .the warrant is attached. A further article will be voted on "To see if the Town will vote to directly reimburse any Town department that expended funds during Hurricane Gloria from Federal monies when they are received by the town. Departments receiving reimbursements include Police , Fire , Highway, Tree and Civil Defense . " Mrs . Deborah Allen was present at the meeting and requested that she be allowed- to sell antiques at the house she owns at 30 High Road. She said that presently there are two tenants living in the house but they are willing that she move in and prepare to sell the antiques out of a certain area of the house . She said that she is presently living with some people in Amesbury, and she added that one of, the tenants at 30 High Road will be moving in the near future , as the Board informed her that only two families were allowed to live at that address . The Board said that until the tenant did in fact move out , the matter would be taken under advisement . The matter of adequate parking was addressed also and Mrs . Allen said that she had considered that , and would see that there is plenty of parking area once she gets the ok from the Board, to go ahead with her plans to sell . She will get back to the Board when the tenant moves out and she moves in. The meeting adjourned at 9 :00 p.m. Respectfully submitted, Doris Hodge , Secretary 295 SELECTMEN ' S MEETING January 28, 1986 The Selectmen ' s meeting was held at 8 : 00 p.m. Chairman Angie Machiros opened the meeting. Selectmen James A. Lowe and Alan I . Adams were present . The following warrants were signed by the Selectmen : January 14, 1986 W29 130,.746 . 03 P27 46 , 661 . 56 RS28 175 . 00 January 21 , 1986 W30 25 , 501 . 20 P28 8, 802 . 63 RS29 175 . 00 A letter addressed to the Board from Sylvia Lunt , 16 Green Street was received and discussed. The letter suggested that it would be nice to have a supper on the Green for townspeople and friends for the benefit of our town. The letter also suggested that the income from the benefit could be added to the Lispenard B. Phister Fund which has recently been set up, and perhaps some of the money could be used to preserve- old town records . The Board was in complete agreement with Sylvia ' s suggestions and she will be notified by letter, giving her permission to go ahead with plans for the summer event, which will take place probably in July (before the Yankee Home Coming events in August . ) Conservation Commission Chairman, Benjamin Pearson, requested the Board of Health Agent attend their next meeting February 18th at 8 : 00 p.m. to help clarify the Joseph Hutchins septic system installation at 17 Forest Street . The Board unanimously agreed to allow Davis S . Pritchard, 100 Newburyport Turnpike , doing business as AEL Corp. to obtain a Class II License . Permission was granted after the following motion was unani- mously passed by the Board "With the stipulation that the Class II License will be limited principally for tractor trailer bodies and no more than three trucks ; and no automobiles . " Mr . Pritchard stated that he will definitely not be selling automobiles . The Board unanimously agreed to allow Dianne Morrell , . 9 Central Court to obtain a .hom:e occupation permit to do manicures in her home . She is licensed by the State . The Board unanimously appointed Scott Boccuzzo as a Reserve Police Officer upon the recommendation of Chief George Riel . The meeting adjourned at 8 :30 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN ' S MEETING February 11 , 1986. The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . The following Warrants were wigned by the Selectmen: January 28, 1986 W31 41 , 239 . 78 R30 7 ,088 . 50 P29 473751 . 30 o!!r7 Selectmen ' s Meeting (Continued) February 11 , 1986"� February 4, 1986 W32 81 ;438 . 56 P30 9 , 806 . 29 R31 175 . 00 The Board granted permission to the North Shore Horsemens ' Association to use the Grange Hall in Byfield on the second Wednesdays of each month beginning in March for their Board meetings . The Board informed the representative of the group, Ellen Moore , that there is a $15 . 00 charge per night , and there is to be no admission charge . She was advised to contact Bob Fields , who is the custodian, to make arrangements to have the hall open. Newbury has been losing its police officers to other towns after Newbury has paid for their training at the Police Academy. The Board has found this to be a matter for immediate attention as they were in agreement that Newbury is fast becoming a training ground for surrounding towns to take advantage of . We have just been notified that Officer Stephen Ringuette is leaving Newbury to go to work in Groveland for more money. The subject of salaries , security, and the morale of the men in general was discussed. The Board came up with several suggestions , all for the good of the men on the force . Selectman Lowe suggested that we try to get men' who are already trained when positions are open in the future , as he did not believe that we should be a training ground for Essex County. The matter of security was discussed and the Board felt that if the men did feel more secure , they would not be looking around for another job . They felt that a motion was in order to make sure that immediate . action should be taken. Selectman Adams made a motion that any officer with 5 years service (effective July 1st) would receive an automatic 3 year appointment , and in addition; we would use the guidelines such as the ones pertaining to vacations and sick days , as described in the Town ' s Personnel Board By-Laws . And further., full time officers would be entitled to a hearing upon notification in writing of at least two weeks prior to consideration for their dismissal . Also the full time men would receive a fifty cent an hour increase , effective immediately to show the good intent of this Board. This was agreed upon by Chairman of the Finance Committee Bruce Irving, who was present at the meeting, that it would be close budgetary wise , but he had no problem with it . Selectman Adams ' motion was seconded by Selectman Lowe . Chairman Machiros stated, "Before I make this motion unanimous , I want to say that I am in full agreement with this , but I would like to see an on-going program to bring our .full time officers up to the standards on the pay scales with our surrounding communities , and at the same time address the whole police department in regard to salaries for part time and reserve police officers and dispatchers , and with the agreement of Mr . Irving, we can address this at our next scheduled Finance Committee meeting . " The Board was in agreement with this and Chairman Machiros made the motion unanimous . The meeting adjourned at 8 : 10 p.m. Respectfully submitted, Doris Hodge , Secretary