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HomeMy Public PortalAboutSELECTMENS RECORDS 1986-1990 SELECTMEN ' S MEETING 299 February 25 , 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: February 11 , 1986 W33 95 , 720. 91 P31 48 ,291 . 11 RS32 212 . 70 February 18 , 1986 P32 10,402 . 64 W34 62 , 713 . 24 RS33 6 ,956 . 00 W7 (COA) 1 ,-787 . 70 The Board presented a $35 , 000 . 00 check to the Newbury Fire Protection Co . 2 , for the purchase of land adjacent to the Town Hall to be used for municipal parking . The people who are presently parking on this lot will be given a reasonable time to find alternate parking . By a unanimous agreement, the town is to return a strip of the tract near the fire station to the seller , Newbury Fire Protection Co . 2 for the fee of $1 . 00 . By a unanimous agreement the Board voted to back the Conservation Commission ' s appeal to-the State Department of Environmental Quality Engineering for help in enforcing state wetlands regulations on Plum Island. The Board unanimously agreed to place three articles on the April 15th Town Meeting warrant , at the request of Animal Control Officer Richard Cunningham. The articles deal with the withdrawal from the County system, establishment of a local by-law, including fees and fines , and establishing authority and duties of the animal con- trol stressing he feels strongly enough about the issue to take it to the Town Meeting floor- himself . The Board unanimously agreed not to exercise the Town ' s option to purchase protect land on P.lumer ' s Lane , owned by Melville A. Pratt, Jr . , allowing him to sell the property. They also agreed to ask the Highway Supt . to investigate Pratt ' s complaint that someone has dug a drainage ditch diagonally across the lane , causing flooding on his land. Selectman Adams stated that the town must face up to the problem of flooding throughout that area , citing the need for larger culverts and raising the road at least a foot . The Board unanimously turned d6wn- 'a request from Beverly Cahoon to license a business at 14 Harvard Way, Plum Island, which lost its non-conforming status by being closed since 1977 . The Selectmen said that the Board is powerless to allow the business in a residential zone since the town has no use-change by-law in its zoning regulations . Board members unanimously endorsed plans for the Newbury Public Library and Triton Regional High School for a "Student Government and Career Day" sometime in May, during which students in Grades 9-12 will serve in various town positions . The students will write "why I ' d like to be" letters in connection with such positions as Selectman, Police Chief , Fire Chief , Postmaster , Town Clerk, Treasurer, Teacher, Librarian, Assessor, Building Inspector and Animal Control Officer . Selectmen unanimously approved placement of a library book drop at Town Hall at the request of the library trustees . n r%I Selectmen ' s Meeting (Continued) February 25 , 198.6,j-L A rabies clinic was scheduled for Wednesday, March 26th, 4 to 6 p.m. at Town Hall , with a rain location at the fire station. Dr . Henry Lyons will be,-on hand. / The meeting adjourned at 8 :30 p.m. Respectfully submitted, Doris Hodge , Secretary j SELECTMEN' S MEETING March 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 signed by the Selectmen: February 25 , 1986 W35 100, 877 . 79 P33 47 , 116 . 72 RS34 178 . 15 March 4, 1986 RS35 175 . 00 P34 11 , 998 . 44 W36 47 ,107 . 13 Civil Defense Director, George L. Riel was present at the meeting . He addressed the Board, presented and read the following communication : Board of Selectmen , - 25 High Road Newbury, Mass . 01950 Gentlemen: As Director of Civil Defense and a member of the Emergency Response Committee , I would like to request that future meetings of the Emergency Response Committee be postponed until the plans that we have submitted to FEMA for informal review have been returned to the Town of Newbury . I feel that as CD Director , I would be in a better position to work on the plans once the comments on the review can be evaluated, and any work on the plans at this time would not be beneficial . s/ George L. Riel Director , Civil Defense The contents of the letter were discussed and the Board was in agreement with Mr . Riel ' s suggestion. Selectman Adams made a motion to postpone meetings until the Draft Preliminary Plans are returned from FEMA. Selectman Lowe seconded the motion and it was made unanimous by Chairman Machiros , The Selectmen and the Finance Committee will hold a meeting next Monday. March 17th at 7 : 00 p.m. for the purpose of discussing town business including the budget . 1986 Shellfish Regulations were reviewed by - the Board. Before acceptance of the regulations , the Board was in agreement that the following should be added to them, and then they would sign them, indicating their acceptance : "These regulations are recommended by the Town Shellfish Commissioners" , and the Shellfish Commissioners will also sign the regulations . Mr. William Miller, who resides at 14 Riverfront , was present Selectmen ' s Meeting (Continued) March 11 , 1986 303 and stated to the Board that his property borders property owned by Mary Barton, where the Mary kelley house stands vacant and it is a real hazard, as it has been broken into , and he is afraid of future damages to the Mary Kelley property and possibly to his own if a fire should occur . He said that he has tried to get something done by speaking to Mary Barton about it . It seems that an unexpired lease is in effect and as a result any disposal of the house (which is posted condemned) is at a standstill as far as the law goes . The Board suggested to Mr. Miller that he attempt to contact Mary Barton once again to find out if anything can be done at this time , and if a letter from the Board to the lawyers for Mary Kelley; would be beneficial . The Board stated . that they would render some assistance if a letter would. help. Board of Health Agent James Lowe informed Mr . Miller that he has posted the house "condemned" and thereby the town has done its part, however he would .be in agreement with a letter of support for tearing the building down. The meeting adjourned at 8 :30 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN and FINANCE COMMITTEE March 17 , 1986 Present at the meeting wereeChairman Angie Machiros , Selectmen James A. *'Lowe and Alan I . Adams . Also present were two members of, the Finance Committee - Keith Walton and Richard Walsh. Chairman Machiros referred to the communication from Civil Defense Director George L. Riel , regarding the Emergency Response Plan. The letter requested that meetings of the Emergency Response Committee be postponed until the plans that we have submitted to FEMA for informal review have been returned to the Town of Newbury. Chairman Machiros stated "I would like to further add, that we should not participate in any scheduled FEMA plan exercises or dr.i-lls that test the plans ' adequacy until we have ample time for the Evacuation Committee to review them, and that the Evacuation Committee makes its findings and report back to the Board of Selectmen. As you know, we all supported Article 30 in the Town Warrant two years ago and I stand committed to that Article , as I am sure you folks do. To reiterate for a minute , we will not participate in any plan FEMA or State exercises until the plans come back and the committee has a chance to review them and make its report to the citizens at town meeting and raise the question to our citizens whether or not they accept the plans and want us to participate or not . Therefore the chairman would entertwin this motion that I just discussed. The motion was moved by Selectman Adams , .seconded by Selectman Lowe and Chairman Machiros made it unanimous . Budget figures were discussed and the Selectmen and Finance Committee members spoke with the Highway Supt . Philip Osgood to find out just how much he will need this year for much needed trucks to replace a 1973 and 1974 model which need .extensive repairs and even then would not be of much use to the town. Mr . Osgood estimated that two new trucks would n n r'r t)Vt� Selectmens and Finance Committee Meeting (Continued) March 17 , 1986 cost $50,000. 00 each. Selectmen will request that money to purchase the trucks be transferred from the stabilization fund. - Building Inspector, David Caldwell was present and stated that perhaps the two Board should consider a change in the hours of Building Inspector and Assistant Building Inspector . He stated that his assistant Charles Powers was in favor of working 40'?hour week, and he would be agreeable to working a 30 hour week. After a discussion the Board said that they would be in agreement of 30 hours each, but not 40 and 30/ It was brought to the attention of the Boards that Mr . Powers ' hours include working for the Conservation Commission and Selectman Lowe stated that in his opinion the Conservation Commission should pay for any hours spent working for them, and not have the Building Department stand the expense out of their budget . No opposition was voiced. The entire budget was covered and the figures will be presented at the Town Meeting April 15 , 1986 . The meeting adjourned at 9 : 00 p.m. Respectfully submitted, . Doris Hodge , Secretary SELECTMEN ' S MEETING March 25 , 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: March llth W37 20,867 . 46 P35 46 , 196 . 59 W8 (COA) 2 , 782 . 09 March 18th W38 20, 794. 71 P36 8, 887 . 07 RS37 7 , 646 . 00 Several local residents attended the meeting for the purpose of discussing evacuation plans in the event of a radiological accident at the Seabrook Station. Selectman Adams spoke and said "let it be known and it should be known that some people feel that Chairman Machiros has made decisions on his own in this highly emotional matter" , adding "this has definitely not been the case . He has consulted with us as a Board, and we have been aware of everything that has been done so far . We are all very concerned about the safety of our citizens and it is just too bad that he has been getting the brunt of this . " Selectman Lowe stated that he is in support of his colleagues and said that he thought this whole issue is one of a tremendous amount of controversy. The group in attendance are interested in holding a special town meeting to consider, withdrawing from the planning process , and have gathered the necessary signatures to petition for the session, but have not formally submitted Selectmen ' s Meeting (Continued) March 25 , 1986 307 them to the town ' s Board of Registrars for certification. Chairman Machiros stated that he is opposed to a special town meeting before a complete review of the evacuation plan is completed, however , he told the group : "the ball is in your court" . He said that once the Registrars stamp the petition, the Selectmen are obliged by law to call a special town meeting within 45 days . , He added that he prefers to wait until the town ' s Evacuation Committee , created to review the plans and make recommendations , decides if a safe evacuation is possible . He said that the plans are now being informally reviewed by officials from the Federal Evergency Management Agency, and are expected to be returned within three weeks . Mrs . Elizabeth Banus , a member of the Evacuation Committee , questioned whether the town has enough time to continue reviewing the plans , adding that "a complete review could take months , and the plant is scheduled to go on line in October . We may not have all the time in the world and a town meeting vote later in the year to reject the plans may have no meaning because the local towns may be overruled. " Chairman Machiros said that a letter will be sent to the Governor in the next two or three days informing him that on March 17th the Board of Selectmen unanimously voted to rescind the previous request to participate in Federal or State Exercises to test the adequacy of the Emergency Response Plans in regard to Seabrook Station in the event of any emergency. In other business , the Selectmen appointed .Douglas Clark as a full time police dispatcher on the recommendation of Police Chief George Riel . The appointment will include a six month probation period. The meeting adjourned at 9 : 00 p.m. espectfully submitted, Dori Hodge , r ry SELECTMEN' S MEETING APRIL 8, 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 . ' - r•,^The following warrants were signed by the Selectmen: March 25th W39 37 ,452 . 42 P37 48,367 . 74 RS38 175 . 00 April lst W40 28, 140 . 67 P38 9 ,471 . 89 W18(350th) 2 ,OOO .f00 RS39 738 . 25 Chairman Machiros stated that notification has been received from the Secretary of Public Safety, Charles A. Barry, that there is a hearing scheduled for April 19th for the purpose of discussing the evacuation plans for the Seabrook nuclear power plant . The Chairman said that the hearing date is too soon because the town has not completed a review of its evacuation plans . Selectman Adams agreed and said that we want to make sure that we have enough time , and he made a motion to use Selectmen ' s Meeting (Continued) April 8 , 198689 all means possible , including letter writing and telephone calls to State Officials to oppose the April 19th hearing . This motion was unanimously passed by the. Board. At our last meeting, a group of residents including several members of the evacuation committee created to review the plans , collected 300 signatures for the purpose of requesting that a special town meeting be called because they question whether the town can be safely evacuated. Chairman Machiros said that the 'Board will call the special town meeting as soon as the Board of Registrars certifies the correct number of signatures on the petition. Town Clerk Marcia Peirce , clerk ex-officio of the Registrars , said that a new voting list is expected to be compiled tomorrow so a certification of the petition should be completed by next week. At 8 :00 p .m. a budget hearing was held with reference to Revenue Sharing expenditures . No one attended the hearing. The amount of Revenue Sharing funds to be discussed this fiscal year is $193 , 532 . 00. The following budget of Revenue Sharing Funds proposed for FY87 are : Public Safety $12 , 500; Highways - $39 ,000; Board of Health- $129 , 7.00 . Chairman Machiros asked if there was any opposition to this . No opposition was voiced. The hearing was closed and the matter was taken under advisement . The hearing resumed and a motion was unanimously passed to accept the budget as read. It was noted that there will be a mock town meeting on April loth at 8 : 15 p .m. at the Byfield Town Hall . The Board unanimously appointed Charles Eaton of Salisbury as a reserve officer with a six months probation period: This appointment was made after the Board had examined Mr. Eaton ' s resume and also upon the recommendation of Chief Riel . The meeting adjourned at 8 :20 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING APRIL 22 , 1986 The Selectmen ' s meeting was held at 7 : 30 p .m. Chairman Machiros opened the meeting. Selectmen James A. Lowe and Alan I . Adams were present . The annual election was held April 19th at which time Chairman Machiros ran for re-election for another 3 year term. He received 1 ,376 votesand opponent Paul Daubitz received 500 votes.He was congratulated by his colleagues who unanimously appointed him Selectmen ' s Coordinator for another 3 year term at a salary of $12 , 500 . 00 a year plus expenses , and they praised him for his efforts in keeping the town running smoothly and efficiently during his time in office . Selectman Adams spoke and said that the Board usually re-organizes at the Selectmen ' s Selectmen ' s meeting (continued) April 22 , 1986 311 meeting following the annual town election. He said that this was Selectman Lowe ' s last year in office , adding that he had been on the Board with Jim for) 18 years and he had learned a lot from him. He said that he would like to offer him the nomination as Chairman for the coming year . Selectman Lowe thanked him for the nomination. He said that he would respectfully decline the nomination as he felt that Chairman Machiros was doing a good job in keeping things running smoothly. After Selectman Lowe declined the nomination, Chairman Machiros was nominated to the Chairmanship for the coming year . He accepted the nomination and by a unanimous vote was appointed to that position. Selectman Adams nominated Selectman Lowe to again fill the Clerk ' s position. Selectman Lowe accepted the nomination and he was unanimously appointed to fill that position. The following warrants were signed by the Selectmen: April 8, 1986 W41 32 ,901 . 70 P39 47 , 565 . 68 W8 1 , 528 . 97 RS40 182 . 00 April 15 , 1986 P40 8 ,994 . 37 W42 28, 834. 19 RS41 175 . 00 Donald Phillips from Plum Island was present at the meeting and addressed the Board saying that he has lived on the Island for about 40 years . He said that for the last 3 years he has been complaining to the town of Newbury, starting with the Police Department and the Building Inspector that cars are being stored., repaired and sold by Angie ' s Service Station on a lot across the street from the station. He said that the Police and the Building Inspector investigated and found no violation. He questioned the legality of this as he felt that it was a zoning violation. Selectman Adams said that Mr . Phillips has been bringing the same complaint before the Board year after year and as far as he was concerned., it was nothing but an ongoing war that he was waging against Mr . Machiros and his family. He said that he would like to make a motion that Mr . Phillips should take this matter to court as he felt that it was a civil complaint , adding that he "wanted to withdraw from this hearing at this time" . At this time he excused himself from sitting on the Board, as did Chairman Machiros , who said that this was nothing but a personal attack on him and his family. Selectman Lowe was the remaining member on the Board who told Mr . Phillips he was free to speak, however, "it was like licking a dead horse in that no action could be taken by one member" . Mr . Phillips stated that he was not attacking Mr . Machiros , but was merely voicing a complaint as �VRYA79 TOWN OF NEWBURY SAC Office of SELECTMEN AND BOARD OF HEALTH b. NEWBURY, MASS. 01950 NOTE Joan Purington was present and agreed to the further date , in order not tC(;3 v' interfere with the most important evacuation meeting that was scheduled. tjA.aj Selectmen' s Meeting (Continued) April 22 , 1986 a taxpayer . Selectman Lowe suggested that Mr . Phillips take the matter to court . After Mr . Phillips left the hall , Chairman Machiros and Selectman Adams returned to the meeting . The Board unanimously set May 6th as the date for a special town ,.. meeting to consider withdrawing from evacuation planning for the Sea- ,J. brook Power Plant . Members of the group that petitioned for the meeting agreed to the date which falls within the 45 day period in which the Selectmen were required by law to call the meeting . However, two additional petitioned articles were postponed until a special meeting in June, one which proposes stricter standards for percolation tests , the tests which determine if land is suitable for a septic system; and a zoning amendment which would spread out development of subdivisions . The Board said that the extra articles would have delayed the town meeting by six days because zoning articles are required by law to be t discussed at a Planning Board hearing prior to a town meeting vote . The hearing must be advertised two weeks in advance . Joan Purington was present and asked the Board if they would sponsor the percolation and zoning articles . The Board said that they would honor the articles but would not sponsor them. Chairman Machiros assured her- that the Board would place the articles on the warrant in June and that Town Counsel had assured the Board that the action was proper . Betty Swanson, a Newbury resident , was .present and asked the Board for help in providing parking for commuters who get the bus to Boston near the town hall . She said that since the town bought the parking lot adiacent to the town hall for municipal parking, the commuters cannot park there , and have nowhere else to park. Police Chief Riel said that some commuters have been parking in the lot behind the fire station, which is owned by Verne Noyes . Mrs . Swanson said that she was aware of the lot but that Mr . Noyes charges for its use . She said she was hoping the town could provide some sort of parking since the .commuter traffic is substantial - three buses and two vans pick up riders daily. The Board said that it regretted the situation but that there was little to be done . Chairman Machiros suggested that she check with the school department which has a large parking lot at the elementary school on Hanover Street . The meeting adjourned at 8 : 30 p .m. Respectfully submitted, Doris Hodge , Secretary alb SELECTMEN' S MEETING May 13 , 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 : April 22 , 1986 W43 30,083 . 34 RS42 7 ,075 . 00 P41 48 ,315 90 April 29 , 1986 W44 142 , 766 . 05 P42 8,938 . 91 RS43 119 . 00 May 6 , 1986 W45 128, 639 . 49 P43 44,917 . 57 W10 1 ,429 . 64 Mrs . Sharon Trefry has resigned from the Planning Board. The Board unanimously appointed Thomas A. Tribble of Plum Island, to fill the vacancy. The term. expires June 30, 1987 . The Board unanimously appointed Rita Avelis as part time Dispatcher for the Newbury Police Department . Ms . Kathleen Dion has resigned from that position. The Board unanimously voted to accept a donation from the Cunningham family to replace a tree which was recently destroyed by vandals on the upper Green. The tree replacement will be dedicated in memory of Mrs . Ella S . Cunningham, according to her grandson, James Cunningham, who was present at the meeting . The Board agreed to research a request by Mr . Dementian Guschov and his son, to allow Newburyport to provide sewer line link up to the Elderly Housing proiect on Rolfe ' s Lane which they own. Attorney Richard Hamel was present and stated that Newburyport officials had told him that the hook-up cannot be completed until such legislation is passed or until the town of Newbury enters into an agreement with Newburyport , allowing the link-up. Selectman Lowe stated that the town has always refused to make such .an agreement as there arse only 8 or 9 Newbury residents that are connected to the sewer . By a unanimous vote , the Board took the matter under advisement and will discuss it further with Representative 'Palumbo . The Board unanimously reiected an operational-to-closure plan for the town ' s landfill . The plan had been presented by Bruce Irving to begin capping the landfill with treated sludge obtained from the , South Essex Wastewater-Treatment Plant . Mr. Irving explained that in regard to preparing such a plan, "The day of reckoning is coming . " He added that his five year plan was the beginning of the final capping process . He said. that he had discussed his report with Depart- ment of Environmental personnel and they agreed that Newbury could .., '7 Selectmen ' s Meeting (Continued) May 13 , 1986 use the material that they had tested. Recently copies of that test report were left for the Board ' s review. Both Selectman Adams and Selectman Lowe said that they did not have enough time to review the report and could not come to a decision at this meeting . Mr . Irving said that planning to cap the landfill must begin soon. Chairman Machiros said that he did not wish to rush his colleagues into making a decision, and he felt that more time was needed. In other business , the Board signed a letter to be sent to Governor Dukakis , Attorney General Bellotti and Public Safety Director Charles Barry informing them of the town meeting decision last week to stop planning for a possible emergency at the Seabrook Nuclear Plant . The Board. also told the aforesaid of the town ' s decision not to participate in any exercises concerned with the emergency response plan. The Board unanimously refused a request of Papkan Sahagian to sign a confirmatory deed dated in 1951 . Realtor Richard Van Amburg-' explained it was signed 35 years ago by two members of the then three member board. He said that the two signatures were not sufficient to satisfy the attorney authorizing the sale of the property. The Board refused, but did offer Sahagian a letter from Town Clerk Marcia Peirce certifying that the confirmatory deed was signed by a majority of the Board in 1951 , and was therefore legally binding . Chairman Machiros stated that the Town Boat Ramp will be completed this week. The meeting adjourned at 9 :30 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING MAY 27 , 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:, May 13 , 1986 W46 34, 579 . 38 W44 10 , 897 . 70 RS45 7 , 154. 95 May 20, 1986 W47 92 ,228 . 46 P45 48 , 762 . 45 W19 (350th) 1 . 93 RS46 189 . 00 319 Selectmen' s Meeting (Continued) May 27 , 1986 Selectmen accepted a $6 ,961 . 00 reimbursement check from the State for expenses incurred from Hurricane Gloria , a storm which struck the area last Fall . In accepting the check, Chairman Machiros publicly thanked everyone involved with battling the storm. A request in writing from the Director of Civil Defense George L. Riel was re- ceived and read: The request is as follows : "Pursuant to the receipt of reimbursement for damages caused by Hurricane Gloria, I request that said monies when received go directly into the following accounts : Line Item 37 (Police Expense) $ 794 . 04 Line Item 40 (Fire Protection) 1 , 138 . 81 Line Item 71 (Highway Maintenance) 1 , 683 . 50 Line Item 74 (Highway Labor) 3 ,344 . 24 6,960 . 60 s/ George L.Riel Chief of Police Town of Newbury Request was unanimously granted. In other business , Chairman Machiros reminded residents of Plum Island to put out only "Household garbage" for trash pick-up . He said that the firm hired to remove garbage from the Island will not pick up brush, construction materials and other debris . On a suggestion from Selectman Adams , the Board voted to establish a study group to look into the traffic problem at the intersection of Parker Street and High Road . Mr . Norman Lamothe , 25 Plum Island Blvd. , was at the meeting and presented the Selectmen with a petition, signed by ten area residents . The petition which calls for action against excessive noise at the lounge was the first formal complaint against the business. Chairman Machiros stated that several' verbal complaints have been received recently. The petition also suggested that action should be taken to prevent the alleged blocking of Roy Avenue by trucks making deliveries to the Beachcomber. Chairman Machiros stated that the petition will be placed on record and that the owners of the Beachcomber will be called in if complaints continue . The owners of the restaurant , Paul and Patricia DeStefano have operated the business for the past year and received their liquor license in November of 1985 . The license was issued on the condition that there would be no excessive or loud music and when bands play, or music is played, the windows -should be shut . Chairman Machiros said that he was sure that "we can work this thing out" , adding "I 'm sure the residents who signed this petition don' t want to see them go out of business . " James Henry, 36 Central Street , Byfield, appeared before the Board C3h Selectmen ' s Meeting (Continued) May 27 , 1986 requesting a Beauty Shop License for his wife , Louise M. Henry. The Selectmen said that they saw no problem in granting the license and this wouldr"be done as soon as Mrs . Henry receives her license from the State (not before) . Chief Riel requested that the following lifeguards be appointed for the season of 1986 : Head Lifeguard: Paul Ruggiero; Mark DesJardins , Carolyn Tamagna , Marie Nastasia , Lara Wilkinson, Kristin Spanger, Jeffrey Jones and Steve O ' Connell . All of these were recommended by the Chief and the Board unanimously granted the appointments . Richard True and his wife attended the meeting and requested that their street be changed from 165-R Elm Street to 1 Tenney Lane . The Board informed the True ' s that it was no easy matter to change the name of a street . They in turn took the matter under advisement . William G. Creed and Florence E . Creed, Husband and Wife , have asked the town of Newbury if they are interested in purchasing a portion of their land on Orchard Street . The Creeds intend to convert the land from agricultural and/or horticultural to "residential use and this will come under Chapter 61A of the Mass . General Laws . The town has no interest in purchasing the land and the Notice of Non- Exercise of Option has been duly signed. It was noted that there will be a special town meeting at the Round School on June ' 24th at 7 : 30 p.m. On that same evening the Selectmen ' s meeting will be held at 5 : 30 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING June 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: May 27 , 1986 W48 31 , 645 . 76 P46 10, 657 . 59 W10 (COA) 1 ,989 . 20 R47 258 . 30 June 3rd RS48 1 ,390 . 00 P47 46 ,332 . 84 W49 123 ,271 . 61 A communication from Edith H. Smith, 26 Parker Street , was received and read by the Chairman. Mrs . Smith desires to convert a section of her land from agricultural and/or horticultural use to commercial use . The property is described as follows : That section of land in Newbury (Map R47 , Parcel 30, Book 6300 , Page 314) which goes , including the creek, westerly to the Industrial Park, Newburyport . The town of Newbury has the option to purchase this land if they so desire . The Board unanimously agreed that they had no interest in exercising their option to purchase the land. 32-3 Selectmen ' s meeting (Continued) (June 10 , 1986) Chairman Machiros read the following legal notice which was published in the Newburyport News on May 28, 1986 . "At the April 15 , 1986 Annual Town Meeting of the Town of Newbury, a total budiet of $4,394, 506 . 77 was voted. On this total , it was voted to use Revenue Sharing Funds for Fiscal Year 1987 as follows : Police Cruiser - $12 , 500 . 00 ; Highway Improvements - $39 ,000 . 00; Board of Health - $129 , 700 . 00. Copies of the enacted budget are available for review in the Office of the Town Clerk. s/ Angie Machiros , Chairman; James A. Lowe , Clerk; Alan I . Adams , Member, Board of Selectmen, Town of Newbury. " Paul Visconte from Byfield appeared before the Board requesting a license to sell Icercream at lOD Fruit Street , Byfield, Mass . The Board was agreeable with this request tantamount to being inspected by the Board of Health Agent !James A. Lowe . The Shop will be known as "Scoop du Jour" and will be run by Mr. Visconte and his wife . Among the many flavors will be "Oreo Cookie Ice Cream" , a favorite of Chairman Machiros . A letter has been received from the Division of Fisheries and Wildlife, 100 Cambridge Street , Boston, Mass . , and reads as follows : "Massachusetts General Laws , Chapter 7 , Section 401 requires that the Division of Fisheries and Wildlife notify local Board of Selectmen, or City Councils , of the State ' s intent to purchase , rent , sell or signi- ficantly change the use of one or more acres of real estate in a municipality. Pursuant to that section, we wish to inform you that the Division of Fisheries and Wildlife is considering acquisition of approximately 28 . 9 acres of land within Newbury. The land is now in private ownership and is currently being used for the purpose of vacant land. The property would be acquired for conservation and recreation pur- poses as provided in M.G.L. Chapter 131 , Section 6 & 7 . " The letter did not state where the land was located but it did ask that the Board read a notice of the purchase publicly and then sign a statement certifying that it had been read. The Board members unanimously decided not to sign the statement until they found out what land is involved. A request was unanimously approved for the Gas Company to dig up part of Graham Avenue to install a new gas line . A letter from the Town Clerk was read by the Chairman as follows : "Please note for your information that each time a special town meeting is called, and must be held at the Newbury Elementary School , the minimum cost to this office is $140. 00 . This expense has been absorbed in my budget but combined with the extra police expense and multiplied by several town meetings does add up and may show up at the end of the year with requiring transfer of funds . s/ Marcia Peirce , Town Clerk" Chairman Machiros said that he wished to publicly thank Mr . Ralph Barrett who went around to the graves of the Veterans and placed flags on the graves for Memorial Day. Chairman Machiros also wishes to thank Mr . Larry Gravelle , who suggested to us that Mr . Barrett would be willing to decorate the graves . It was noted that the next Selectmen ' s meeting will be held on June 24th at 5 :30 p.m. when it is expected that appointments will be made and bids for road materials will be opened, among other business to be taken care of . The Special Town Meeting will be held at 7 : 30 p .m. at the Round School . ca n vvc.� Selectmen ' s Meeting , June loth (Continued) The meeting adjourned at 7 : 50 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING June 24, 1986 The Selectmen ' s meeting was held at 5 :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 10, 1986 RS49 725 . 00 P48 11 ,272 . 02 W50 22 , 651 . 29 June 17 , 1986 W51 16 , 649 . 09 P49 65 ,409 . 85 RS50 7 ,825 . 00 Mrs . Margaret Stone was present . She addressed the Board and stated that she has resolved certain problems that she was having with her neighbor, Everett Davis . A group of Newbury residents attended the meeting and complained about recent subdivision rules adopted by the Planning Board (after these rules were voted down at Town Meeting) ; (one which set a minimum depth of house lot frontage and another that limited the amount of wetlands allowed in a house lot to 20 percent of the minimum lot size . ) By unanimous agreement , the Board said that they will try to reach an amiable resolve on this issue in order to avoid getting into litigation with another town board; by meeting with Town Counsel , the Planning Board and themselves .. The Board feels that the Planning Board has. usurped the powers of town meeting by adopting these regulations . The Board unanimously agreed that the Planning Board ' s role should be to demand that development proposals comply with State and local laws not to obstruct development . By a show of hands , the group definitely supported the Selectmen in their efforts to work out an amiable solution to these problems which are of such great concern to the residents . In other business , appointments for the year were made and are on file in the Selectmen ' s Office . Appointments approved by the Selectmen include three residents who will serve on a Commission to study the fate of the former Marquand Estate on Kent ' s Island. Robert Chick of Newman Road will be the Selectmen ' s representative to the Study Commission and Gregory Banus of Hay Street will be an alternate member -. Paula Newton will represent the Town ' s Historic Commission on the Study Group; Robert Noonan, 248 High Road, Member ; Jeffrey Noonan Ex-Officio Member . Long time gas inspector George Emerson was re-appointed temporarily until a replacement can be found for him. He is resigning his position. On Mr . Emerson' s recommendation, the Board voted to increase gas inspection fees from $6 . 00 to $10 . 00 and $4. 00 for a re-cal"l . 327 Selectmen ' s Meeting (Continued) June 24, 1986 Mr . Bruce Irving was appointed as the Town ' s "Right to Knbw Law Officer" . Mr. Philip Osgood was appointed to serve the town as Highway Superintendent . He has been the acting Highway Superintendent for the past six months and has done an excellent Job. He was congratulated by the Board. The following bids for road materials were received from: Penn Culvert , Middlesex Paving; Newbury T"fucking , Newmarket Sand and Gravel and Hiway Paving. By a unanimous agreement , the bids were taken under advisement , pending the recommendation of the Highway Superintendent . A letter of complaint was teceived from Edward F . Murphy, 285 High Road, Newbury. Mr . Murphy is concerned about the safety of two rusted used 25 ,000 gallon tanks on the premises of his neighbor Robert Upton, 283 High Road; (what the contents are , and how safe they are) . The complaint was referred to H. Verne Noyes, III , who is with the Fire Department . Mr. Noyes will look into this complaint and notify the Board of his findings . Upon the Highway Superintendent ' s recommendation, the Board voted to award the road building material bids to Newbury Trucking for screened sand and gravel ; Middlesex Paving for bituminous concrete and Penn Culvert for culvert pipe . The Board was in agreement with Building Inspector David Caldwell ' s request that building permit fees be increased as follows : Effective July 1 , 1986 - Minimum fee : $25 . 00 for all permits with estimated value of $1 ,000 . 00 or under . Fee for all permits over $1 ,000 . 00 (Estimated Value) - $25 . 00 for the first $1 ,000 and $3 . 00 per $1 ,000 (whole dollar amounts) ; Reinspection Fee : $25 . 00 for each additional inspection required. Permission was granted Plum Island Mother ' s Club to use the Upper Green for their annual flea market on August 16th (23rd - rain date) . Mary Goldsmith of Plum Island is Chairman and will be responsible for clean up of the Green. Permission was granted Newbury Garden Club to use the Byfield Town Hall for their monthly meeting on November llth - 10 :30 to 2 : 00 . The Newburyport Yankee Homecoming Committee was granted permission to once again have the busses disperse as the Upper Green when they have their annual Homecoming Parade . They will be sent a letter of congratulations on their- 29th anniversary and will be offered any help that we might be able to render . A dog hearing will be held on July 8 , at 8 :00 p.m. concerning the dogs of John Short , Byfield. Mr. Richard True appeared and asked if his address of 165-R Elm Street could be changed. The Board agreed that l Fraser ' s Lane was appropriate inasmuch as Fraser ' s Rock is in the immediate area of Mr . True ' s residence . - Mr . .True was happy with the arrangement . The meeting adjourned at 7 : 15 p .m. Respectfully submitted, Doris Hodge , Secretary nnn SELECTMEN ' S MEETING July 8, 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: June 24, 1986 W52 119 ,304 . 92 RS51 725 . 00 P50 15 ,018 . 15 June 25 , - 1986 W53 26 ,080 . 85 P51 147 , 754. 12 RS52 662 . 00 June 26 , 1986 W54 19 , 605 . 92 S RS53 1 , 100 . 00 June 27 , 1986 W55 190 , 003 . 74 W12 (COA) 1 ,433 . 91 P53 2 ,978 . 63 RS54 3 , 682 . 80 July 1 , 1986 W1 91 , 774 . 00 RSl 119 . 00 P1 10, 764 . 63 Mr . & Mrs . Peter Courtney, 286 High Road, attended the meeting and addressed the board. They said that they are very concerned with the parking of too many vehicles at the town boat ramp on Parker River, causing a dangerous traffic situation on 1A. They said that many of the people using the ramp are from out of town and the boat ramp is supposed to be used by town residents who have permit stickers. Mr . Courtney said that at times his driveway is partially blocked and his view is obstructed when he pulls onto the road. The Courtneys said that the land was donated to the town for use as a part , not a parking lot . The Board felt that the problem stems from the closing of Fernald ' s Boat Ramp. Mr . Fernald was forced to close his ramp because of the high cost of liability insurance . Chief Riel was asked by the Board to increase patrols at the ramp and to strictly enforce the sticker requirement, and he agreed to do this . At 8 : 15 a dog hearing was held regarding barking dogs of John Short, 120 Main Street , Byfield. Mr . & Mrs . Walter Stamm, together with Mrs . Joyce Deandrade complained that the dogs bark loudly and frequently during the day when Mr . Short is not at home . They said . that the barking is disrupting their lives . Mr . Short said that he was not aware that there was a problem as no one had contacted him about it . Animal Control Officer, Richard N. Cunningham, was asked for his ,input . He said that if the Board was asking for a recommenda- tion from him, he did not have any. He did however feel that perhaps the situation might be described as a neighborhood squabble . The Board was presented with a report from Officer Gary Clifford, which stated that he did witness the constant barking on July 6th while he was patroling Main Street , and at the same time he observed Mrs . Stamm and Mrs . Deandrade in an upset condition (over the barking dogs) . Another paper was presented to the Board which was signed by several neighbors of John W. Short . The paper stated "We , the undersigned, neighbors of John Short , 120 Main Street , Byfield, state that his dogs are not a barking problem" . After further discussion, the Board asked Mr . Cunningham if he would try to get the parties together and 331 Selectmen ' s Meeting (Continued) July 8 , 1986 work something out so that the dogs would cease to be annoying . This was agreeable with all concerned, and Mr . Cunningham will report back to the Board. By a unanimous motion, the hearing was closed and the matter was taken under advisement . The hearing was re-opened and the decision of the Board was to hold from issuing any order until we hear back from Mr. Cunningham, and to continue this hearing for two weeks , (July '22nd) . In other business , the Board made the following appointments : Gas Inspector - Charles MacLean; Assistant Gas Inspector - Warren Carter; Mr. George Emerson will be an Assistant Gas Inspector also . The matter of surrounding towns losing their landfills brought up the subject of our own landfill for discussion. We have Officer Frappier on duty during the hours the landfill is open for dumping and he has been trying hard to control out of town materials being dumped at the site . His efforts are g' ng backed 100% by the Board and if he has any problems , he is to notify the Selectmen, as he has their full support . The following persons were appointed by the Board to serve on the School Study Committee : Alan I . Adams , Charles P. Fogg, Whitefield Kimball , Richard Passeri , Louise F. Healey, Karen A. Kelley and John R. Condon. Engineer Raymond Fitzmaurice will be contacted to arrange for a ramp to be installed at the Newbury Town Hall as well as the Byfield Town Hall . Selectman Lowe stated that Mr . Sherman Eidelman (DPW) should be contacted with reference to posting 30 MPH speed signs from the town line into the village in By.field (on Main Street) . The Board signed a Notice of Non-Exercise of Option with reference to the property of Melville A. Pratt, Jr . , located on Plummer ' s Lane in Newbury. The Town will not exercise its right and option to purchase . A public hearing was held on the petition of New England Telephone & Telegraph Company and Mass . Electric Company, petition #605 , to move pole 8/78X across Elm Street to a point 290 ' East of Central Street, adjacent to the property line of Alexander White , 167 Elm Street . There was no opposition voiced . Unanimous permission was granted. The condition of cleanliness at the Town Hall is a matter of concern to the Board . They feel that the present custodians are not doing a good job and this evening the waste baskets are overflowing and not a pleasant sight fo see when entering the hall . The matter will be looked into . By a unanimous decision of the Board, the Planning Board will be asked to attend the next meeting in order to discuss concerns regarding several proposed sub-division amendments . The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING JULY 22 , 1986 The Selectmen ' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opend the meeting . Selectmen James A. Lowe and Alan I . Adams were present : The following warrants were signed by the Selectmen: July 8 , 1986 W2 114,282 . 15 July 15th RS2 775 . 00 P2 21 ,025 . 96 W3 2 ,027 . 20 Animal Control Officer Richard N. Cunningham was asked for his recommendation regarding the John Short Dog Complaint which was heard at the last Selectmen ' s Meeting and continued to this one . Mr . Cunningham recommended that we continue the matter to the next regular Selectmen ' s Meeting on August 12th. He said that he has been checking on this matter constantly and Mr . Short has made some changes which he added, "I think has shown some progress . " By a unanimous motion, the matter was continued to August 12th. The following letter was received from Planning Board Chairman Elaine Byrne and read by Chairman Machiros . Dear Angie : In reference to our conversation of July 15 , 1986 , in which you indicated that the Board of Selectmen wished to meet with the Planning Board to discuss citizen concerns regarding several proposed sub-division amendments ; •please be advised that the Board has been informed by the Executive Office of Communities and Development that this issue has been defined and further clarified by several cases heard by the State Supreme Judicial Court and that the procedure following by the Town in the past was in error . We have requested further clarification of this opinion in writing from both the State and Town Counsel James Lagoulis . Therefore ; the Planning Board at their meeting of July 16 , voted to postpone meeting with the Board of Selectmen until Town Counsel has researched the above mentioned_ cases and opinion we have received from the State . I will forward copies of both when we receive them. In the meantime , please be assured that the By-laws rejected by Town Meeting will not be incorporated into our rules and regulations . s/ Elaine A. Byrne , Chairman By a unanimous motion, "The matter will be put to rest until we have reason to see otherwise" . Mr. William Publicover was present and addressed the Board regarding conditions at Parker River where boats are moored. He complained that the Harbormaster has been inactive for the past six years and it is hard to get in contact with him. By a unanimous motion, the Board voted to get all concerned parties together on August 5th at 7 :30 p.m. and see if we can straighten things out . Mr . Publicover raised a second complaint about the parking situation at the Boat Ramp. Mr . Peter Courtney was in attendance and also brought 335 Selectmen ' s Meeting (Continued) July 22 , 1986 the same complaint (this was heard at the last Selectmen ' s meeting on July 8th) . He said that conditions are still bad even though an attempt was made to straighten it out at our last meeting . The matter will be brought up once again at the August 5th meeting . Mr . & Mrs . Daniel Stone brought a complaint before the Board about the noise of the game cocks of their neighbor Everett Davis . They sAid that they were informed by Mr . Davis that he would move the hens to a different location but this would not be a permanent location as they have to be moved from one area to another at different seasons . The Stones said that they felt that this was a matter for the Selectmen as well as Board of Health to settle . Board of Health Agent , . James Lowe , said that Game Cocks have been raised on that property for many years and that area is zoned as Agricultural . The Stones were asked if they were entering a formal complaint and they said that they were . By a unanimous motion, Town Counsel will be asked for his opinion. The Board unanimously granted permission to the Yankee Homecoming Committee to serve soft drinks and beer on the Green to the participants of the parade only, and will not be for sale to the public . A letter of resignation was received from Police Chief George Riel . The Board unanimously accepted his resignation and wished him well in the future . By a unanimous agreement , both Sgt . ' s will carry on the responsibilities of the Police Department and Selectmen agreed upon this under the condition that Chairman Machiros oversees the daily operations of the Department and makes any adiustments as he sees necessary as to insure a smooth transition. e A letter of resignation was received from Mr . Wallace 0. Pearson. Wallace will be resigning from the Board of Fire Engineers , the Board of Survey and as Deputy Forest Warden. The Board accepted Wallace ' s resignation with deep regret . He has served the town well for many years , is a man of the highest character and is an example for the Town. The Board unanimously agreed that this Sunday would- be declared Wallace 0. Pearson Day. A letter :from the Board of Selectmen will be sent to the Clerk of the Board of Fire Engineers and will be delivered to H. Verne Noyes , III . The letter will request that someone from the Byfield section of Newbury fill the vacancy caused by Wallace ' s resignation. ' The meeting adjourned at 8 : 55 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING August 5 , 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 warrant' were signed by the Selectmen : July 22 , 1986 P3 14, 115 . 42 RS3 11 , 728 . 00 W4 16 , 168 . 68 Grants Warrant#1 506 . 34 July 29th W5 22 ,486 . 55 P4 21 , 142 . 01 R4 663 . 00 W2 1 ,979 . 40 This meeting was called to discuss the subject of the Boat Ramp parking conditions , mooring conditions , the Harbormaster and his assistants and also for the purpose of hearing the neighbors ' complaints . Harbormaster Edwin Sternfelt was heard first and he said that his being inactive for the past six years was lust not true . He said that he is on call most of the time , and so far, no one has called him to say that he is hard to get in touch with. He said that in his opinion he has been very active as Harbormaster and also his assistants . He was asked if he could step up his patrols on the town boat ramp in response to complaints that non-residents are using the ramp illegally. Mr . Sternfelt said that 30 - 40 percent of the moorings are grandfathered to non-residents who can reserve moorings year after year . There were complaints that the operators of the boats are speeding and not adhering to the 5 MPH speed limit at certain areas on the river . Mr . Publicover owner�of Parker River Yacht Yard, attended the' meeting and neighbors complained to him that they felt that he was using the ramp for commercial vehicles . He was told that this was illegal and that practice should be discontinued. The residents also brought complaints of boaters illegally parking along Route IA and Cottage Road. Another complaint was that children are no longer safe if they wish to swim in the area of theBoat Ramp . Another complaint was brought by Mr . Sternfelt, who said that the Town ' s Boat is badly in need of repair and is really of no use at this time . He said that he would estimate the cost of repair would be approximately $7500 . 00 and -in his opinion, perhaps the town should consider getting a new one , instead of spending such a large amount on an old boat . Several residents showed a great deal of interest and the Board felt that an informal committee should be formed with an eye to working out a solution to correct the situation. The committee could study the rules and regulations and return to the Board next week with the recommended changes . In other business , regarding the Police Department , the Selectmen announced that they are retaining Attorney Daniel Kulack who specializes in labor relations to deal with the Police Department' s recently formed collective bargaining unit . A motion was unanimously passed that the Board would adopt an "olive branch approach" to the Police Officers who decided to establish a union last month. The Selectmen were of the opinion that none of the police officers had approached the Board with any problems before they decided to form the Collective bargaining unit . 339 Selectmen ' s Meeting (Continued) August 5 , 1986 In other police related matters , the Board approved a set of mini- mum qualifications to be required - of persons interested in the vacant Police Chief ' s position. The advertisement will appear in the Newbury- port News on August 8th and llth and resumes will be accepted until August 15th. In other business , the matter of controlling dumping construction materials at the dump was discussed. Contractors and non-residents have been doing just this and the dump is fast filling up. New regulations will be studied in order to correct the situation: A letter of resignation was received from Mrs . Hope Bradshaw. Hope is resigning from the Historical Commission because of poor health. She will be deeply missed in that she was such a help to the town in many ways . Her resignation was accepted with regret and a letter wishing her well will be sent to her. The Board appointed Michael Bulgaris to fill the vacancy on the Board of Fire Engineers that Wallace Pearson resigned from. This appointment will be subject to a letter from the Board of Fire Engineers . Selectman Chairman Angie Machiros stated that the Handicapped ramp is in the process of being built and wished to thank Kenny Rogers for his help and also Ray �Fitzmaurice the Engineer . Chairman Machiros also . thanked Mr . . Brownie Taylor for his help in coming into the town hall and putting up the petition down back so that the office for the elderly can be set up soon. The meeting adiourned at 9 :30 p .m. Respectfully submitted, w Doris Hodge , Secretary SELECTMEN' S MEETING August 12 , 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: August 5 , 1986 W6 27 , 853 . 89 P5 11 ,948 . 96 RS5 775 . 00 August 12th W7 17 ,442 . 11 P6 22 , 155 . 17 W2 (Grants) 347 . 00 RS6 740 . 00 Mr . Gordon Meisner was present and asked the Board if they had any obiection to his extending a water main on Plummer ' s Lane . He was informed by the Board that no work is to be done unless it is under the supervision of the Highway Supt . Mr . Meisner said that all arrange- ments have been made with District #5 Department of Public Works and the Selectmen ' s Meeting (Continued) August 12 , 1986 2=11 Newburyport Water Department , and he will be sure that no work is done without the Highway Supt . being present . He said that he intends to use an 8" main with a hydrant , and that he had the verification from Newburyport Water Dept . that the 8" main will be sufficient . The Board gave their permission with the stipulation that no work shall be started until the Highway Supt . and the Chairman are so notified. In other business , Mrs . Margaret Stone , Grove Street , Byfield, was present and complained that after the July 22nd meeting , at which time she complained about the loud noise coming from her neighbors ' Game Cocks , she had words with Selectman Lowe over not being able to look at the Log Book containing the minutes (in order to find similar complaints . ) The Chairman informed Mrs . Stone that because of the value of the minute books , they can be looked at if the Selectmen ' s Secretary is present at the time . In other business , Mr . & Mrs . Walter Stamm were present and asked the Board if any progress has been made with reference to the dogs of John Short . (This is a barking problem) . Animal Control Officer Richard Cunningham was asked if he had anything to report on the matter and he said that he is still investigating the problem. Mr . Edward Murphy, High Road, attended the meeting and asked the Board if they had looked into his complaint of last June in which he notified them that his neighbor, Mr . Upton, had two old rusty oil tanks stored on his property and now he notices that there is oil residue in a run-off in back of his property. The Board informed Mr . Murphy .that his letter of complaint was referred to H. Verne Noyes of the Fire Department who said that he would investigate the matter . In response to traffic complaints , the Board agreed to study the speeding situation on High Road, near the Highway Garage , and also parking on both sides of Central Street , near the Byfield Methodist Church. The Board unanimously agreed to promote Sgt . William McCarthy to the position of Staff Sergeant . The Chairman said that the reason was to put the Police Sergeants on equal footing . The meeting adjourned at 9 :00 p.m. Respectfully submitted, Doris Hodge , Secretary 343 SELECTMEN' S MEETING August 26 , 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 : August 19 , 1986 W8 10, 602 . 24 P7 14,403 . 40 RS7 • 9 ,910 . 52 August 26th W9 50,598 . 42 P8 22 ,227 . 25 W3Grants 2 ,929 . 24 RS8 730 . 00 Special Revenue Grants W2 1 ,479 . 80 The Plumbing Inspector Donald Kincaid has notified the Board that because of health problems he is requesting a temporary leave ,of absence and recommended that Mr . Howard Smith fill in for him until he returns . The Board granted the leave and upon Mr . Kincaid ' s, recommendation they appointed Howard Smith as a temporary replacement until Mr . Kincaid returns . Keith and Marguerite Walton would-like to transfer their All Alcoholic Beverage Package Goods Store License on Hanover Street to R. Jenco, Inc . (William H. Leete ; Mgr . and Robin L. Leete , Clerk, whose address is 57 High Road in Newbury) . By a unanimous decision of the Board the matter will be acted on at our September 23rd meeting . Mr . Paul Turbide was present along with Ronald 0. Pearson with reference to renovation of a triangle at Main Street and West Street . He asked the Board how they felt about it . A letter dated August 12th has been received from Acting County Engineer James R. Carlin, with reference to this triangle and states : "In response to your inquity, West Street , Newbury, which was the original Main Street , was laid out by the County Commissioners on October 25 , 1827 and Main Street from West Street to near the Parker River was laid out on June 9 , 1835 . Both streets were established as 3 rods 149 . 5 feet)• wide . The rounding off of the intersection of West Street and 'Main Street , adjacent to the De§Jardin property is not indicated in either layout . " (Mr . DesJardin claims to own the triangle in question) . "However , the statement of Selectman Lowe that this cutoff has been used for over 40 years , indicates that the public may have gained a prescriptive easement in this area by venerable use under the provi- sions of Chapter 187 of the Mass . General Laws . " The Board unanimously agreed with the contents of the letter and felt 0 A " Selectmen ' s Meeting (Continued) August 26 , 1986 that they are not about to give that piece up, irregardless of the Pearson sub-division and went on record that they do not want to give up access to that road. A motion was unanimously passed "That this cut-off has been used for over 40 years , and that indicates that the public has gained a prescriptive easement in this area by venerable use under the provisions of Chapter 187 of the Mass . General Laws , and we do not want to give up this prescriptive easement as this is for the benefit of the town. " In other business , the town will be accepting bids on two 1986 Diesel Dump Trucks . We will be trading two vehicles , one 1973 Ford Dump Truck and one 1975 International Loadstar Dump Truck. Bids will be received until 3 :30 p.m. September 23rd and will be publicly opened and read on September 23rd at 8 :00 p.m. Specs will be available at the Selectmen ' s Office . The Board of Selectmen reserve the right to reject any and all bids and make the 'award as appears to be in the best interest of the town of Newbury. The hearing regarding the four dogs of John Short , 120 Main Street , Byfield, was re-opened. None of the parties in attendance that had an interest in speaking on the case objected to re-opening the hearing including the Animal Control Officer , Richard N. Cunningham. The follow- ing persons were sworn in by the Town Clerk: Walter Stamm, Ruthanne Stamm, Joyce Deandrade , John Short , Selectman James A. Lowe ,, Animal Control Officer, Richard N. Cunningham. A Police Officer ' s Report was read by the Chairman. The report was written by Officer Charles Eaton. He said that on August 25th at approximately 10 :45 a .m. he was called to 118 Main Street where he met with Mr . Walter Stamm. Mr . Stamm com- plained about the noise that was being made by the four dogs at 120 Main Street . He said that he heard the dogs barking continuously for the 10 - 15 minutes that he was at that address . He said that he left the scene at approximately 11 :00 a .m. and the animal Control Officer was arriving at that time . The Stamms 'said that they tried to talk to Mr . Short but with little success . The Stamms said that after the matter was last ' addressed at the July 8th meeting, things quieted down for approximately two weeks , but now they are just as bad. Selectmen asked Mr . Cunningham what he had to say on the matter . He said that he has gone up to the area several times and was called to go there by the Police Department on the 25th. He said that he did not consider the bark' ing to be excessive and he felt that John Short has shown extremely good faith. He said that he felt that if the' Stamms would only get to know Selectmen ' s Meeting (Continued) August 26 , 1986 347 the dogs it would help. He said that Mr . Short has one big male dog and he has signified that he would like to find a home for it . He said "I would not recommend an order which would be too drastic - I would say that he continue to show the good faith that he has and I shall continue to try to find a home for the male dog and that might help the situation. " Selectman Adams said to Mr . Short that he felt that he should keep the dogs in the house when he leaves , because that is apparently the time when they bark the most - when he is not there . Mr . Short said that he was not aware that the barking is such a problem, and he hates to keep them in the house all day when he is not at home . Selectman Lowe stated that he went to the area after he was called, and he parked for 10 - 15 minutes . He said that there was no barking, however when he started the motor to leave ,,. the dogs did start to bark. Chairman Machiros said that he wanted to know just what. John Short did in order to keep the dogs quiet for the two week period after the July 8th meeting . Short said that he didn ' t know why they were quiet , but that he just didn' t realize the dogs were such a problem as no-one has complained to him. The hearing was closed and the matter was taken under advisement . The hearing was re-opened and Selectman Adams stated, "If John chooses to have four dogs , he should be responsible for them, and I so move that when he is not home , the dogs should be enclosed and try that for two months to see how that works . " Selectman Lowe agreed that he should keep them enclosed while he is away. Chairman Machiros said "I would entertain these suggestions as a final order since this has been before us before , and more especially the last several months : "Confine them under cover while you are not there" . Selectman Adams and Selectman Lowe agreed to this being the final order . A motion was unanimously passed to close the hearing . Chairman Machiros stated to Mr . Short and the complaintants , "We have an obligation to inform both parties that you have ten days if you wish to appeal this to District Court" . Mr . Short will receive a final order in writing of the results of the decision of the Board. A pole hearing was held with reference to moving pole #48-5/84 on Southern Boulevard from . in front of property owned by Edward Hamilton to a location across the street in front of property owned by George McGuire . Mr . McGuire was present and spoke in opposition, saying that all the poles are on the opposite side of the street from his home , and he understands that Mr . Hamilton is paying the Utility Companies to move the pole because he does not want the pole in front of his C-1149 Selectmen ' s Meeting (Continued) August 26 , 1986- property. Mr . McGuire was not too happy about the situation and said that unless it is absolutely necessary to move the pole because of legitimate reasons , he definitely does not want it placed in front of his property. The matter was taken under advisement . The meeting adjourned at 8 : 50 . Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING September 9 , 1986 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 : September 2 , 1986 W10 26 ,915 , 12 P9 13 , 752 . 58 RS9 684. 00 Pl Grants 734 . 25 September 9th W11 15 , 278 . 74 P10 48 , 576 . 00 GP2 992 . 29 R10 635 . 00 Mrs . Nancy Noyes Nolan was present and asked the Board for permission to open an;.Arnold Bread and Bakery Thrift Shop at the Old Newbury Stove Shop on Route 1 . Mts . Nolan was granted permission by the Board and she said that she plans to open the shop in about a week. Superintendent of the Byfield Water District , David Caldwell , attended the meeting and asked the Board ' s permission to detour traffic and close Main Street from Ted ' s Mobil to the Minute Mart on Main Street in order to install a. 10" water main. The road will be closed approxi-. mately a day and a half and traffic will be re-routed to Lunt Street . Permission was granted by the Board. Mr . Walter Stamm was present and told the Board that conditions are still the same (regarding the Dog Complaint case of John Short) . Animal Control Officer , Richard Cunningham, was present and asked the Board if they had come to any decision regarding the job description that he had recently drawn up. The Personnel Board will be asked to give a report so that the matter may be discussed at our next meeting . The meeting adjourned at approximately 8 : 00 p.m. Respectfully submitted, Doris Hodge , Secretary 3U3 SELECTMEN' S MEETING SEPTEMBER 23 , 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 : September 16 , 1986 W12 27 , 527 . 41 Pil 12 , 134 . 28 R11 8, 837 . 00 n September 23 , 1986 R12 684 . 00 W3 (350th) 28 . 56 W4 (Grants) 1 , 787 . 96 P3 (Grants) 10,467 . 29 W13 209 ,943 . 50 P12 51 ,302 . 92 A letter from HVH Security, Inc . of North Hampton, N. H. was received and read by Chairman Machiros . The letter stated that the Security Company will be terminating administrative and maintenance support for the Town ' s subscribers who have alarm monitoring services . Other arrangements will be made by those having such services so that the town will not be liable . Mr . Walter Stamm attended the meeting and complained to the Board about the dogs of John Short , 120 Main Street . Animal Control Officer Richard Cunningham said that he felt that the Selectmen took the matter out of his hands when they ignored his advice and at the August 26th meeting ordered Short to keep his dogs inside when no one is at home . Stamm complained that the Animal Control Officer was not enforcing the order. Mr . Cunningham said that Short had taken significant steps to comply with the order and he had even removed two of the four dogs from his property. He said that he felt that Short had shown good faith. Selectman Adams asked Cunningham if the dogs were left outside when there was no one at home , and Mr . Cunningham said that sometimes they were left outside . Mr . Cunningham said that the matter was taken from his hands when the Selectmen refused to follow his recommendations at the hearing . (He said that at the hearing, he had suggested issuing no order but allowing him to help Short find new homes for some of the dogs . ) However , the Chairman stated that the Animal Control Officer did help him to draft the order and should have no reason to complain now. The Board unanimously voted to send the dog order to Town Counsel to be enforced through Court action if necessary. As required under Chapter 138 of the General ILaws as amended, a public hearing was held at 8 :00 p .m. on the application of Keith P. Walton and Marguerite A. Walton, d/b/a Corner Cupboard of 4 Hanover Selectmen ' s Meeting (Continued) September 23 ,355 1986 Street , to transfer the Retail All Alcoholic Package Store License now held by them to R. Jenco, Inc . , at the same address . No opposition was voiced. Atty. Raymond Perkins spoke in favor of the transfer, and said that he was appearing as legal counsel for Mr . & Mrs . William H. Leete , who will be Manager & Clerk respectively for R. Jenco, Inc . The Board, after a brief discussion, were of the opinion that there would be no problem and welcomed the new owners to the community. Mrs . Janice Chick, of 6 Hanover Street , was present and spoke in favor of the transfer . Mr . & Mrs . Leete assured the Board that they would run the store in an orderly fashion, lust as the Waltons had done. A motion was unanimously passed to close the hearing and the matter was taken under advisement . The hearing resumed and the transfer was granted, subject to the approval of the ABC. Bids were received for two 1986 Diesel Dump Trucks . They were received from Taylor & Lloyd, Inc . , 8 Railroad Avenue , Bedford, Mass . and Thomas Ford Sales , Inc . , 211 Rantoul Street , Beverly, Mass . After reviewing the bids with the Highway Supt . Philip Osgood, the Selectmen asked Mr . Osgood for his recommendation. He stated that in his opinion we would have to re-advertise , as neither company could deliver the trucks until spring and the town is in need of them this winter . We will re-advertise and bids will again be received and opened at our October 14th meeting at 8 : 00 p.m. In accordance with Chapter 369 Acts of 1982 , Section 1 , the Board of Selectmen will hold 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 1987 . Hearing to be held at 7 : 30 p .m. , October 14, 1986 . The meeting adjourned at 9 :00 p.m. Respectfully submitted, Doris Hodge , Secretary cr-r ood SELECTMEN ' S MEETING October 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 : September 30, 1986 W14 32 ,205 . 45 W5 Grants 41 . 30 P13 11 ,365 . 60 RS13 600 . 00 COA Consortium W4 1 ,479 . 80 October 7 , 1986 W15 16 , 621 . 25 P14 56 , 100 . 48 W4 (GP) 992 . 29 RS14 13192 . 00 At 7 :30 a public hearing was held regarding the determination of the percentage of the tax levy to be borne by each class of real property for fiscal year 1987 . After a brief discussion with Assessor John Burke , the hearing was closed and the matter was taken under advisement . . The hearing resumed and a motion was unanimously passed that we set a single tax rate for all categories of property in town rather than separate rates for residential , commercial and industrial parcels . The town is 932 percent residential . A communication from John W. Short was received and read by Chairman Machiros . Mr . Short ' s communication stated that he had mis- understood the order regarding the dog complaint heard recently, in that the order stated that he had ten (10) days to comply. Mr. Short ' s letter went on to say that he will abide by the order as written as he now understands it, and he offered to come to the next Selectmen ' s meeting if the Board wanted to discuss the matter further with him. The Board felt that he had tried to find a way to correct the dog barking problem, in that he only has two dogsnow, and he had four in the beginning . Mr. Herbert Bean was present and addressed the Board, representing the Cemetery Commissioners . He requested the Board to return an easement to Oak Hill Cemetery for property it owns between Parker Street and the cemetery. The town had gained the easement in 1965 for a baseball field that never materialized. The Board was in agreement with Mr . Bean ' s request, however, he was instructed by the Chairman that he would have to check with the Conservation Commission to get a final ok, in that they are responsible for managing the property, and with that stipu- lation the Board granted their approval . A pole hearing was held with reference to moving pole #48-5/84 on • Selectmen ' s Meeting(Continued) October 14, 1986 359 Southern Boulevard from in front of property owned by Edward Hamilton to a location across the street in front of property owned by George McGuire . Mr. Monahan, representing Mass . Electric was present and said that he had spoken with Mr. McGuire and he had offered to place the pole away from the front of his house so that he wouldn ' t be forced to look at it when he came out his front door . He said that Mr. McGuire seemed in agreement and stated that he would come to the meeting . Mr . McGuire did attend, and after a discussion with the Board and it was understood that it was a necessity to have the pole(,placed across the street, on his side , Mr . McGuire said that under those circumstances he would not object but stated that he thought that it would be hazardous to drivers coming over the hill at night , not being able to see it . Mr . Monahan stated that the Electric Company would put reflectors on the pole so no problems would exist . The hearing was closed and the matter was taken under advisement . The hearing resumed and the Board stated that with the stipulation that reflector lights are placed on the pole , and that it be placed on the public way, they would grant their approval . This was a unanimous decision. A public hearing was held on petition of New England Telephone and Telegraph Company plan 3034, dated September 23 , 1986 , to lay and maintain underground conduits and manholes , with the wires and cables to be placed there under the surface of Central Street , from Pole #1/38 southwesterly, in the area of 66 Central Street . This will include 8 ' of conduit and one supportive pad with apparatus cabinets . No opposition was voiced. Mr. Jay Evans , representing N. E. Telephone Company was present and spoke in favor . After discussion, the hearing was closed, and the matter was taken under advisement . The hearing resumed and permission was unanimously granted. A public hearing was held on petition of New England Telephone & Telegraph Company plan 3035 , dated September 23 , 1986 , . to 1-ay approxi- mately 5 ' of conduit and one supportive pad with apparatus cabinets under the surface of Elm Street , from existing pole #8/52 northwesterly by 108. Elm Street . There was no opposition voiced. Mr . Evans• spoke in favor . After discussion, the hearing was closed and the matter was taken under -advisement . The hearing resumed and permission was unanimously granted. A public hearing was held on petition of New England Telephone & Telegraph Company and Mass . Electric Company, petition `607 , dated August 20 , 1986 , to relocate one pole now adjacent to 26 Fordham Way owned by Mark and Ann -Marie Salmon, 20 ' south to the boundary of 26 and 24 owned by Bruce and Lucinda Marshall . There was no opposition voiced and Mr . Evans and Mr . Monahan spoke in favor . After discussion, the hearing was closed and the matter was taken under advisement . The hearing resumed and permission was unanimously granted. On all of the hearings , it was stipulated that the work was to be done in conjunction with our Highway Supt . Philip Osgood. Bids were received for two 1986 Diesel Dump Trucks . They were received from Ipswich Ford and Taylor and Lloyd. After reviewing the bids with the Highway Supt . Philip Osgood, the Selectmen asked Mr . Osgood for his recommendation. He stated that Ipswich Ford offered delivery in 30 to 60 days , and Taylor & Lloyd would not deliver the trucks until January or February. Therefore, because time was so important , he- would 301 Selectmen ' s Meeting (Continued) October 14, 1986 advise that the Board accept the bid of Ipswich Ford. The Board accepted his recommendation and unanimously accepted the bid of Ipswich Ford. The town has authorized the expenditure of $100,000 for the equipment and a transfer of funds will be necessary. Ipswich Ford bid $109 ,986 and Taylor and Lloyd bid $98, 582 . At 8 :35 the meeting adjourned. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING OCTOBER 28, 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: October 14, 1986 W5 (350th) 2 . 00 W6 (COA Grant) 265 . 00 W16 39 ,628 . 65 P15 123539 . 98 RS15 83872 . 00 Oct . 21 , 1986 W17 13 ,439 . 75 P16 483844. 93 W5 (GP) 1 ,941 . 68 R16 761 . 00 W7 (Lib.State Aid) 55 . 90 The following notice regarding this year ' s tax rate was read by the Chairman and unanimously accepted by the Board. "Newbury tax rate set at $11 . 50 per $1 ,000 of valuation. " The rate for the fiscal year that began last July 1 , approved by the State Department of Revenue yesterday morning , represents a drop of 10 cents from last year. Newbury is seeking to raise $2 , 536 ,088 . 66 in taxes this year . " Chairman Machiros stated that he wished to congratulate all town boards and department heads in helping to maintain their budgets . Chairman Machiros read the following notice written by the Animal Control Officer Richard N. Cunningham regarding a great lane owned by Jeff Holden, 66 Pearson Drive , Byfield. "Under the authority invested in me by the By-Laws of the Town of Newbury, I hereby order your male great dane named Alex, License P'833-1986 , restrained . Under this order your dog will at all times be confined to your house or restrained on your property by a suitable run or enclosure . The dog may be taken off your property only on a secure leash and by a person able to control him. A copy of the By-.Laws is attached to this order . If you have any questions , concerning the order , or your rights to appeal , please contact me at 465-0486 . s/ Richard 'N. Cunningham, A. C . O. Served in hand October 18 , 1986 . By a unanimous decision of the Board, this will be entered into the records . Mr . Cunningham stated that he. advised Mr . Holden to attend the meeting this evening if he had anything to say on the matter . However, Mr . Holden did not attend. •A letter of request from Gerald W. Kohn, Supt . of Schools , was received and read by the Chairman. The letter requested permission from Selectmen ' s Meeting (Continued) October 28, 1986 363 the Board of Selectmen that for the safety and protection of the Byfield School Children, Lunt Street should be closed to vehicles during the school day. The matter was discussed. Selectman Lowe stated that there has never been any trouble there that he knew of . Chairman Machiros asked if the Board would go along with Supt . Kohn' s suggestion and close Lunt Street , between the Church and the School , to see if the School Committee felt that this was a solution to any safety problems they felt existed at this time . There was no objection voiced. A letter from the Board of Fire Engineers was received. The letter addressed various concerns of the Engineers , and those concerns will be looked into by the Board of Selectmen. Wayne Fish, 14 Central Street , attended the meeting and presented the Board with a letter signed by a dozen neighbors to G & G Service Station, 17 Central Street, saying the business is an annoyance to the neighbors . The letter alleged that the busines.s violates- several sections of the. toy=n ' s zoning by-laws and agreements made by Gino Bruzzese , owner of the Station. Mr . Fish stated that the station opens early, closes late and does not restrict noise or visual pollution. He said that he has talked with Mr . Bruzzese but to no avail . The Selectmen advised Mr . Fish to see the Building Inspector David Caldwell , as the issue was in his hands . Mr . Caldwell will investigate the complaints . With reference to resumes sent to the Board for the position of police chief , the Board unanimously decided on seven of the local area applicants . Interviews will be held on Monday evening, November 3rd, starting at 7 : 00 p .m. at an open Selectmen ' s Meeting . The following applicants will be interviewed: Andrew Avelis , William McCarthy, Jonothan Dennis , Thomas Howard, Richard Marsolais , Roger S . Merry and Michael W. Nary. The meeting adjourned at 8 : 50 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING November 3 , 1986 The Selectmen' s meeting was held at 7 : 00 p .m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . At 7 : 00 p.m. the Board started their 15 minute interviews with the following men who are interested in the Police Chief ' s position. Andrew Avelis , William McCarthy, Jonothan Dennis , Richard Marsolais , Roger S . Merry and Gary Ingham, who was interviewed in place of Thomas Howard, who wrote a letter to the Board and stated .that he no longer was interested in the, position. After the interviews were completed, the Chairman stated that he was of the opinion that all of the applicants werE well qualified and after discussion, the Board unanimously agreed to offer the appointment to Roger Merry, who holds an Associate Degree in Law Enforcement and has received training at the Massachusetts State Police Academy. Mr . Merry stated during his interview that he would 365 Selectmen ' s Meeting (Continued) November 3 , 1986 administer the department by the Municipal Police Institute guidelines , which he said were adaptable to individual communities . He said that he had helped formulate protective custody procedures for those guide- lines . • He stated that he felt that education was very important for police officers and added that he favored open communication with other department heads and committees , and he strongly favored drug education as early as grammar school . He said that he could start work in a week as he wished to give Sylvania that much notice . By unanimous agreement , Mr. Merry will be contacted to see if he will accept the position at a starting salary of $30,000 to $30, 500 . ( one year appointment ) . The Board then went on to discuss appointing Staff Sgt . Andrew Avelis as Deputy Chief , ( a newly created position ) with the under- standing that he would pursue an Associate Degree in Criminal Justice and he will also be in charge of the newly instituted alcohol and drug abuse and crime watch programs . This appointment will be for one year . Avelis could still retain his recent appointment as Staff Sgt . if he decided to decline the offer , or if either party did not want to con- tinue the deputy chief ' s position. The Board also unanimously decided, that if the new chief agreed, to offer reserve officer Gary Clifford training at the police academy. When he has graduated from the 16 week course , Clifford could then be hired to fill a patrolman vacancy in the police department . In other business , the Board unanimously voted to schedule a special town meeting to rezone a parcel of land from residential/agricultural to commercial . John Salter has made the petitioned request for the property on which he hopes to build a bus maintenance facility on Scotland Road near the State Department of Public Works Garage . Salter had received a variance from the Zoning Board of Appeals: to build the facility there , but last week the Planning Board appealed the decision in court . The Chairman stated that he and his colleagues had spoken individually to Town Counsel James Lagoulis . Each said that he was not in favor of funding such an appeal . However , the Board has not taken an official stand on Lagoulis ' fees as counsel . Salter said that he and his attorney will meet with. the Planning Board on Wednesday to ask them to schedule a public hearing on the rezoning request . The Chairman said that the hearing must be advertised a minimum of two weeks before the hearing can be held. He said that after the Planning Board sets a date , he can then schedule the special town meeting , which also needs a two week public notice . However, the hearing and town meeting notices can overlap. The meeting adjourned at 9 :45 p.m. Respectfully submitted, Doris Hodge , Secretary, 367 SELECTMEN ' S MEETING NOVEMBER 10, 1:986 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 absent from the meeting . The following warrants were signed by the Selectmen: October 28 , 1986 W18 105 , 679 . 49 P17 14,910 . 65 W (G8) 2 , 121 . 69 RS17 663 . 00 November 4, 1986 RS18 684. 00 W6 (COA Consort) 2 ,096 . 20 WG6 1 ,990 . 04 W (G9) 151 . 00 P18 49 ,318 . 21 W19 21 , 195 . 68 The positions of Police Chief and Deputy POlice Chief were briefly discussed and it was agreed by the two Selectmen present that the two men will be allowed to work extra details as long as it does not interfere with their schedules . The Board scheduled a special town meeting for Monday, November 24 at 8 :00 p.m. at the Round School in order to vote on the following : 1 . The Selectmen are sponsoring a petitioned article presented by John Salter , to rezone from residential/agricultural to commercial highway, a parcel of land on the North side of Scotland Road, next to the State Department of Public Works Garage . Mr . Salter was present at the meeting and stated to the Board that he hopes to build a garage there for his School Bus business . 2 . Fred Scott has petitioned to rezone the following described land from industrial to agricultural/residential : A 500 foot strip along the south bank of the Parker River , in Precinct 1 , extending for a distance of 1 ,000 feet west and 1 ,000 feet east of the Parker River Bridge on U. S . Route lA less any portion of Lot 78 Assessors Map R-11 . 3 . The Planning Board has sponsored an article requesting that $5 ,000 be taken from available funds for the Planning Board Sub- division Consultants ' Expense Account . The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING NOVEMBER 26 , 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 10, 1986 P19 13 ,213 . 99 WG10 105 . 00 RS19 168 . 00 W20 32 , 517 . 89 November 17 , 1986 P20 64,430 . 33 W21 115 , 106 . 57 GP7 3 ,059 . 3.-0 RSgn I szL nn 3 63 9 Selectmen' s Meeting (Continued) November 26 , 1986 The matter of restrictions regarding the use of land along the Parker River was discussed. David S . Caldwell , a member of the Scenic Rivers Committee was present and discussed with the Board a Protective Order, regarding this land. He said that he felt that Newbury should have more home rule in that the protective order will cover land within 300 feet of the river ' s banks or the banks of its tributaries . Newbury is in favor of a 100 foot protection zone . Mr . Caldwell stated that some of the restrictions amount to the confiscation of property with no compensation for the landowners . Selectman Adams said that he felt that Newbury has taken care of the river for 350 years and it ' s one of the cleanest rivers around. Selectman Lowe stated that there are certain sections in the protective order that all of the members disagree with and he felt that 300 feet is an excessive corridor, and he added that the order was confiscatory in nature and should not receive Newbury ' s approval until it is looked into further . Chairman Machiros said that he felt that "We are going to have to state our position and go down fighting . We ' ll do what we have to in order to protect property owners ' rights . " By a unanimous vote of the Board a meeting with the local Scenic Rivers Committee will be held on December 2nd and at that meeting the Protective Order will be discussed further . Mr. Stephen J . Polechronis , Assistant Project Manager of Massa- chusetts Bay Transportation Authority, attended the meeting and outlined plans to reopen commuter rail service to Newburyport . He said that a study of the feasibility of reopening the 12 miles of tracks from Ipswich to Newburyport will be complete by January. He said that the plan includes a depot in the vicinity of Owens. Illinois . The Board unanimously gave their approval for the project after being assured by Mr . Polechronis that Newbury will not be assessed for the rail service . The Board unanimously approved of a license transfer from Kelly Pontiac on Route 1 to "Admiral Pontiac" . Operators of the business will be Clyde R. Whitehouse and Alfred P. Sannicandro . Roland D. Kelly, along with the new owners were present at the meeting . The Board unanimously voted to increase license fees for septic system installers from $40. 00 to $50 . 00 ; antique dealers from $10 . 00 to $25 . 00 and food services from $10 . 00 to $25 . 00. The Parking Ban will begin on Monday, December 1st . Cars parked on Public roads between midnight and 6 : OO a .m. will be towned at the owner ' s expense . The parking ban ends April 1st . The Board unanimously appointed Police Chief Roger Merry as Civil Defense Director and Assistant to the Board of Health Agent , James A. Lowe . His health duties will be under the direction of Mr . Lowe . The meeting adjourned at 9 : 00 p1m. Respectfully submitted, Doris Hodge , Secretary 371 SELECTMEN' S MEETING DECEMBER 2 , 1986 The Selectmen ' s meeting was held at 7 :00 p.m. Chairman Angie Machiros opened the meeting . Selectmen James A. Lowe and Alan I . Adams were present . The members of Newbury ' s Scenic Rivers Committee were present at the meeting for the purpose of discussing with the Board of Selectmen the reasons why they are opposed to a proposed protective order for the Parker River and the planning restrictions therein. The Selectmen and the members of the Scenic Rivers Committee unanimously decided to oppose all , rather than just parts of the Protective Order which will control building and other activities near the river . Mr . David S . Caldwell , Mr . William Publicover, Mr . John Karahalis , Selectman Alan I . Adams , and Mr . Alfred Thurlow, all members of the Scenic Rivers Committee and all members of the Board of Selectmen were present at the meeting . Members were asked for their opinions . William Publicover stated, "It ' s almost a foregone conclusion that there is no foreseeable benefit of this protective order for Newbury, and we , as members of the committee , could in no possible way go along with this . The State can shove this down our throats , but it will take a while and we can make them work for it . " The protective order , favored by the Majority of the other members of the Scenic Rivers Committee (from Georgetown, Groveland and Boxford) restricts the placement of septic systems , the design of lots and homes , recrea- tional uses and businesses within 300 feet of the river . Already existing land uses are grandfathered under the order . Mr . Caldwell stated that the protective order takes away the rights of landowners without compensation and added that the order ' s 300 foot restrictive zone starts more landward that would be considered appropriate . The order ' s definition of the river' s natural bank where the zone starts is at the high water mark, or the edge of wetlands , depending on the section of the river . One of Newbury ' s principal arguments is that the town protects its stretch of the river well enough through the Board of Health regulations . The Byfield Water District would have to go through one more permit process to divert water, if needed, from the river than required under current rules . Some potential sources of pollution do not fall under the order . Selectman Lowe -and Mr . Thurlow both said that salt from Route 95 contributes, greatly to the contamina- tion of the river . Mr . Caldwell stated that landowners will have only 90 days to =appeal restrictions placed on their property once notified that the . order had gone into effect , and added that it doesn ' t take long for 90 days to go by. By a unanimous decision of the members of the Scenic Rivers .Committee , David S . Caldwell was appointed as Chairman of the Committee . A letter will be sent to the Department of Environmental Management listing the reasons why Newbury opposes the planned restrictions on land use along the river . Chairman Machiros stated "Let ' s just state our objections and see what happens . " The Scenic Rivers Committee meeting is tomorrow evening at the Georgetown Town Hall . The meeting adjourned at 9 : 00 p .m. Respectfully',-.submitted, Doris Hodge , Secretary 73 SELECTMEN' S MEETING December 9 , 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 25 , 1986 , P21 14,041 . 77 W22 162 ,368 . 85 RS21 112 : 00 WGil 5 ,353 . 74 December 2 , 1986 W23 16 , 583 . 98 W7 1 ,479 . 80 (COA Consortium) P22 50,410 . 18 R22 7 ,945 . 00 GP8 3 , 059 . 30 Mrs . Susan Sellers , 96 High Road, Newbury, was present at the meeting and requested the Board ' s permission to grant her a license to sell gifts , antiques , and second hand items at her home . The Board could see no problem and unanimously granted her request . Eva Drozdowski , Sled Road, Newbury, was present and complained to the Board that someone had removed several rocks from the stone wall that is on . the property of her family, and it looked to them as if someone was trying to gain entrance . The Selectmen said that they would look into the situation and see if they could find out some information as to who removed the rocks . Police Chief Roger Merry was present and told the Board that the three police cruisers are in need of maintenance on a regular basis as oil changes and tune-ups were badly needed. Chairman Machiros told the . Chief that he felt that he inherited the problems when he took the position and he should do whatever is necessary to maintain the safety of the men and the public . The Chief stated that the cruisers were purchased in 1983 , 1985 and 1986 and even though the 86 model is only 6 me old, it already has 30,000 miles on it . He said that he intends to keep a maintenance schedule and that should solve the problems . The meeting adjourned at 8 :00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S.%,MEETING December 23 , 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 . Adama were present . The following warrants were signed by the Selectmen : December 9 , 1986 G12 875 . 00 W24 201 , 150 . 67 R23 83110. 00 P23 23 , 521 . 13 December 16 1986 W25 15 ,048 . 02 P24 48 ,409 . 02 G14 3 ,083 . 48 RS24 77 . 00 Police Chief Merry attended. the meeting and asked the Board' s permission to hire Edna MacDonald of 4 Central Street , Byfield, as a full time dispatcher for the Police Department . After discussing her qualifications, and upon the Chief ' s recommendation the Board appointed Edna to fill the position (with a six months ' probationary period stipulated. ) Chief Merry also recommended that Gerald Pratt of 10 Old Rowley Road, Newbury, be hired as a reserve police officer . The Board heard his qualifications and appointed him upon the Chief ' s recommendation (with a six months ' probationary period stipulated) . Mr. Pratt was present at the meeting and was welcomed into the employ of the town. The Selectmen granted several types of license renewals , including a liquor license to the Beachcomber on Plum Island Boulevard. Chairman Machiros said that he had received verbal complaints about the noise at the establishment and Selectman Lowe agreed that the noise has been troublesome in the past . Chairman Machiros stated that he would make a recommendation to the Board that the license be granted with the stipulation that if any additional verbal or written complaints are received about the restaurant ' s operation that the members schedule a hearing immediately. The recommendation received the unanimous approval of the Board. The meeting adjourned at 8 :00 p.m. Respectfully submitted, Doris Hodge , Secretary 375 SELECTMEN' S MEETING January 13 , 1987 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 23 , 1986 P25 14, 546 . 41 W26 151 , 137 . 76 GW13G 1 ,973 . 03 W25 49 . 00= December 30, 1986 R26 70 . 00 P26 . 38 , 717 . 40 GP10 123239 . 02 The Board unanimously appointed Laurent Gravelle as Veterans ' Graves Officer for the Town. In other business , Mr . Howard Tolman attended the meeting and stated to the Selectmen that he is worried about his well being con- taminated by the town ' s road salt that is stored nearby and wondered when a salt shed can be expected. Mr . Tolman said that he has been waiting for some action from the Board in getting the shed. Chairman Machiros stated that he and the Board requested the State money for the shed two years ago and Newbury, along with 50 other towns are wait- ing for ::the• .moneyi)to-.come,."through- so that the shed might be built . Mr . Tolman said that he couldn ' t wait too much longer and suggested that an article regarding the salt situation be voted on at the next annual town meeting . Chairman Machiros stated that if Mr . Tolman wanted to sponsor such an article , he would support it , and added that he felt that the Town has made every effort to correct the situation. Selectman Lowe stated to Mr . Tolman that he should establish the fact with DEQE that the town is responsible and go on from there . We have received a commitment from District 5 , DPW, that when funds are released for the construction of Salt Sheds by the new specifications , that we would be assured of receiving them. Chairman Machiros said that he will be pursuing this to the best of his ability. Chief Roger Merry was present at the meeting and stated that about 17 applicants took an exam to join the Newbury Police Force . Chairman Machiros congratulated the Chief on attracting so many people , and added that Newbury ' s pay scale is right on top as compared to other towns . Chief Merry stated that he has not had a chance to correct the entire examinations , but does plan to hire some of the men who took the test last Saturday. The Chief said that Officers Frappier, Ruggerio and Clifford are now attending the Police Academy. There is a need for a part-time officer to patrol the Town ' s Landfill . Chairman Machiros suggested that the Chief offer the job to one of the 17 applicants , and the Chief said that he felt that s°ome one of them might be interested as the pay is $7 . 00 per hour, 8 : 00 a .m. to 4 : 00 p.m. Monday, Wednesday and Saturday. In other business , the Board unanimously agreed to fly a flag for soldiers who are missing* in action and prisoners of war, in keeping with a new State Mandate . 377 Selectmen ' s Meeting (Continued) January 13 , 1987 Mrs . Dorothy Cunningham was present at the meeting and stated to the Board that the Grange has voted to sponsor a Fourth of July Celebration .again this year . It was during the town ' s 350th celebration that"the Byfield Grange , under the direction of Al Walker, sponsored a most successful parade and other outdoor activities for young and old on the Fourth of July nearly two years ago . Dot ,said that she had volunteered to send letters to all organizations in town to find out how much interest there is . The State has notified the town that because it has hit the 5 ,000 mark, the local officials must take certain measures and more speci- fically the town must acquire its own system of seals and weights . The Board agreed that they must budget about $2 ,000 to purchase equip- ment in their�c-planning for the coming year . Chairman Machiros said that the town owns a set of scales and measures , but it is very old and valuable ; adding that he wouldn ' t want to see them banged around on a daily basis , as the town likes preserving old thing . The equipment which is more than 100 years old, is worth about $10,000 according to local historians . Chairman Machiros said that he hopes that voters will weigh the historical value heavily at the annual town meeting and tip the scales in favor of buying new materials . It was recalled that Lucy Plumer used to be the Town ' s Sealer . Her, father was Town Sealer for 56 years and he was appointed in 1894. She was his deputy and after he retired, she took over the job by herself until the State took over . The meeting adjourned at 8 : 15 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN ' S MEETING January 27 , 1987 ,The Selectmen ' a 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 not present . The following warrants were signed by the Selectmen : January 6 , 1987 W8 1 ,479 . 80 R27 575 . 00 P27 11 ,913 . 08 W28 37 ,289 . 22 G-W14 153 . 65 (Lib. State Aid) January 13 , 1987 R28 711 . 00 W29 44,057 . 01 GPll 3 ,059 . 30 G15 (COA) 25 . 00 P28 51 ,304 . 09 Howard Tolman was again present at the meeting to discuss the matter of the road salt which is stored outside the Town Barn and close to his property located at 9 Old Pine Island Road. Chairman 379 Selectmen ' s Meeting (Continued) January 27 , 1987 Machiros referred to several recent communications from Representative Thomas Palumbo in which assurance was given to Rep . Palumbo that Newbury would be placed on the eligibility list for State Funding for the construction of a Salt Shed. In the meantime, it was discussed that canvas covers , large enough to cover the salt adequately would be used and the run-off from the salt would be at a minimum. Chief Merry was present and was agreeable to having the Police monitor the salt and make sure the canvas stays in place . Meantime , Chairman Machiros , Representative Palumbo, Senator Buell , Commissioner Robert Tierney, and District Highway Engineer Arthur Doyle will be in constant communication with each other, trying to get the funding from the State as soon as possible . It was noted that when the barn was built , there was only one house in the area . Now, with the population growth, there are problems , as that area has become residential . In other business , David Caldwell was present and addressed the Board. He said that the town of Newbury will be hosting the Scenic Rivers Program Committee , the night of February 5th at the Town Hall . He said that -the protective order is referring to a 300 foot corridor and he definitely is against that . Selectman Lowe stated that he didn ' t see the need for a 300 foot corridor . That subject will be the main topic for the meeting February 5th. Respectfully submitted, Doris Hodge , Secretary SELECTMEN'S MEETING February 10, 1987 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 20, 1987 W30 323617 . 00 G16 (COA) 80 . 00 P29 13 , 893 . 02 RS29 73826 . 00 January 27 , 1987_ W31 42 , 852 . 42 P30 53 ,081 . 99 W-GP12 3 , 059 . 30 W9 (350th) 4 . 44 The Pratt Farm Sub-division was discussed by the. Board and a motion was unanimously passed that in accordance with the provisions of Mass . General Laws , Chapter 41 , Section 3 . 2 . 3 of the Town of Newbury Sub-division Rules and Regulations , the Preliminary Plan of Pratt Farm, submitted by Kimball , Chase & Co . , and presented by the Planning Board was approved with the provision that Lot 14 of the Plan be abandoned as agreed/ (because of drainage problem) . Selectmen- ' s Meeting (Continued) February 10, 1987 �1 A communication from Harbormaster Edwin Sternfelt was read by the Chairman. It was suggested by Mr . Sternfelt that the Selectmen consider establishing a mooring fee for boats in town waters . Adding further that with the addition of a new wharf , float and ramp facility last year and the expected cost of policing the new ramp, Mr . Sternfelt said that in his opinion the Selectmen should consider the possibility of establishing a mooring fee . Selectman Adams said that where he is closely involved with that area , he will speak to Mr . Sternfelt and discuss the subject at length. In the meantime , the Board unanimously agreed that a mooring fee of $20 . 00 minimum be charged, and for larger boats they will consider a further charge per footage , i . e . $1 . 00 per foot based on the length of the vessel . The Board unanimously accepted the 1987-1988 Shellfish Regulations that were duly signed and presented to the Board by the Shellfish Commissioners : H. Verne Noyes , III , Donald F. Gladu and John K. Thistlewood. The entire Board of Selectmen signed the regulations . Mr . John Clemenzi , Orchard Street , was present and stated to the Board that he had read about the School Study and Needs Committee looking into the possibility of building a new s"c.hool and he would like to be considered to be on the Building Committee that will be planning the School as he felt that he had a great deal of experience along those lines . He said that he is working for a contractor and has been' for quite some time . Chairman Machiros thanked Mr . Clemenzi for his interest and said that when the committee is officially established by Town Meeting he would be kept in mind as a candidate . The following communication written by the Board of Assessors addressed to the Board of Selectmen was received and read by Chairman Machiros . Dear Board of Selectmen: Since the acquisition of the Wang VS 80 and its supporting equipment, it is the feeling of the Board of Assessors that the $25 ,000 appropriation voted at the 1985 Annual Town Meeting to meet the computer needs of the Assessing Department could be used to supply other departments with software and terminals as well as our own. The endless possibilities for fulfilling these needs require the intellectual input of other department heads and Committee Chairmen as well as the Board of Assessors . It is therefore our wish that the Selectmen and possibly the Finance Committee become involved with the decisions in purchasing software , choosing vendors , etc . , and any additional hardware- necessary to satisfy the requirements of any department wishing to computerize in the near future . s/ Worthen H. Taylor , Jr . Larry H. Gravelle John H. Burke Newbury Board of Assessors By a unanimous vote of the Board, the letter was accepted as read and Chairman Machiros said that he will be sitting in on all meetings regarding purchases of software if this was agreeable with Selectmen Lowe and Adams . This was agreeable . A copy of a letter from Firepro, Inc: , the original of which was directed to Newburyport Water Works , was forwarded to the Board for their consideration. The letter referred to the subject of Water Supply Improvements with regard to the Pratt Farm Development and con- tained a proposal for improving the water supply South of the Rolfe ' s 383 Lane/High Road intersection in Newbury: "Based on water testing conducted North and East of the intersection, it appears that the reason for the poor supply on High Road is due to a restriction in the vicinity of the Rolfe ' s Lane/High Road intersection. The restriction could be due to piping too small for the demand, an ob- - struction in the pipe , a mostly closed valve that cannot be located or some other unknown reason. " The proposal went on to. say : "The probability of receiving permission from the State to dig up the Rolfe ' s Lane/High Road intersection to search for the restriction is very low. For this reason, we propose to parallel the main in High Road between Graham Avenue and the south side of the High Road/Rolfe ' s Lane intersection with new 8"' pipe . The new pipe would be installed along the west side of High Road between the roadway and Newbury Green. " The Board of Fire Engineers will be contacted and the matter will be discussed with them. The meeting adjourned at 8 :30 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING February 24, 1987 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 3 , 1987 W32 82 , 119 . 24 P31 13 , 956 . 26 W16(COA) 1 ,989 . 00 W17G 4,830 . 62 February loth W33 44,202 . 31 P32 50, 768 . 63 W-GP13 3 ,059 . 30 RS30 11 ,931 . 00 W18(COA) 25 . 00 February 17th W34 34, 564. 52 P33 13 , 599 . 23 The Chairman read a letter of resignation from F. Ryeburn Lynch who has served on the Zoning Board of Appeals for many years . ... Mr . Lynch stated in his letter that his health was poor and as a result he could not effectively serve on the Board. The Selectmen accepted his resignation with deep regret and a motion was unanimously passed to appoint Ryeburn as an honorary associate member because of his vast knowledge on the Appeals Board. A dog complaint from Mr . & Mrs . Walter Stamm, 118 Main Street , Byfield, was read by the Chairman regarding the dogs of John Short of 120 Main Street . After reading the complaint the Board requested Animal Control Officer Richard Cunningham to continue monitoring the situation and report back to the Board at the next meeting March loth. Mr . Cunningham was in agreement with the request . The Chief of Police was present and the Board requested that any complaints regarding the dogs in question should be documented in writing and presented to the Board and Chief Merry was in agreement with this . Selectmen ' s Meeting (Continued) February 24, 1987 In other business , the Board unanimously approved of the recent appointment by the Board of Fire Engineers of H. Verne Noyes , III , as Fire Chief , replacing Wall.ace Pearson, who retired last Fall . Mr . Donald Marr, of M & M Rubbish, attended the meeting. He assured the Board that trash that he dumps at Newbury Landfill will be trash that is picked up in Newbury only. Mr. Marr was called in to the meeting because of his dumping without a sticker on his vehicle the first of the year . He was told that his trash will be closely- monitored in the future and any violations will be looked into by Chief Merry, who is also the assistant to the Board of Health Agent , James A. Lowe . He gave the Board complete assurance that no violations will occur, and with that assurance he was allowed to obtain a sticker for his vehicle allowing him to use the landfill . A rabbies clinic will be held on March 25th from 4 to 6 p.m. at the Newbury Town Hall . In case of rain, the clinic will be held at the Highway Barn on High Road. Dr. Henry Lyons will be on hand at that time . The Board unanimously granted permission to Lamont-Doherty Geological Observatory of Columbia University, Palisades , N. Y. to conduct a radar investigation of the Green to identify liquefaction features generated by the 1727 , and possibly older earthquakes . This permission was granted in answer to their request dated February 18th. The meeting adjourned at 8 :30 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN ' S MEETING March 10, 1987 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 24th, 1987 W35 103 , 638 . 51 P34 50, 640. 43 W14 3 ,059 . 30 RS31 301 . 00- March 3rd, 1987 W36 34,208 . 14 P35 11 ,996 . 17 RS32 266 . 00 WG19 1 ,479 . 80 By a unanimous decision of the Board and upon Chief Merry ' s recommendation, Patricia Perley was appointed as Crisis Intervention Officer for. the Newbury Police Department (Reserve Status) . The Board unanimously appointed Richard Hurst , of Salisbury, as Plumbing Inspector . '(6 month ' s probationary period) . Mr . Hurst was present and was favorably received by the Board. Richard F. Knight was unanimously appointed as Sealer of Weights and Measures . Mr . Knight is required to take a week long training course and upon completion of the course he will be sworn in by the Town Clerk. (This appointment has a six months probation period also . ) Selectmen ' s Meeting (Continued) March 10, 1987 387 Harbormaster Edwin Sternfelt was present and addressed the Board. He said that he was seeking permission from the Selectmen to include a new boat in his budget for next year . He said that he has been using his own equipment , and for the past two years Police Equipment , "which is no longer in working order . " The Board was in agreement that Mr . Sternfelt should be provided with proper equipment , and permission was . granted to him to shop around for something between $8,000 and $12 ,000 . The Board agreed that if Mr . Sternfelt was expected to do a good job, he should be provided with proper equipment . It was stipulated at this time that the boat will be available for use by a number of departments , including the Police and Fire Department and the Shellfish Commissioners . In other business , Animal Control Officer Richard Cunningham reported back on his investigation regarding the Dog Complaint (Stamm vs . Short) which was heard last meeting . Mr . Cunningham stated that he had visited the area more than 30 times . 23 times things were absolutely quiet , and the others , there was very little barking going on. He added, "these have all been random visits and none of the people involved knew I was there . " He said that he had talked with several people in the area and they had no complaints . He said that he would recommend that no further action be taken at this time . His recommendation was tentatively accepted by the Board pending presentation of a report in proper form by the Animal Control Officer . Mr. Cunningham said that he would present this report to the Board in the near future . A letter was received from Highfields Realty, Inc.. , William P. Pearson and Ronald 0. Pearson, officers , stating : "Parker River Drive and Courser Brook Drive have now ,been completed and petitions have been filed with the Town Clerk for Articles to be inserted in the Warrant for the Annual Town Meeting .asking for the Town ' s acceptance of them. As required by Law, will you please set a. date to lay out these streets as per definitive plans on file with the town and notify the Planning Board of your action. " (Signed by Highfield ' s Realty, Inc . ) A legal notice will be published' on March 13 , 1987 in the Newburyport News , informing the public that a hearing will be held at approximately 8 :00 p.m. on March 24th for the intention of laying out Parker River Drive and Courser Brook Drive , in preparation for acceptance at Town Meeting . The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge , Secretary 391 SELECTMEN ' S MEETING March 24, 1987 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 10, 1987 R33 175 . 00 P36 51 , 738 . 91 GP15 11 ,489 . 38 G19 9 ,264. 34 W37 52 , 778 . 81 March 17 , 1987 W38 23 ,094. 52 P37 11 ,923 . 39 RS34 168 . 00 A statement , written by Animal Control Officer , Richard N. Cunningham, regarding the Dog Complaint - Stamm vs . Short- was read by the Chairman and a motion was passed .to leave the matter "status quo" A letter will be sent to Clerk Magistrate , Nicholas Sullivan of the Newburyport District Court .notifying him of the Board ' s decision. Mr . Cunningham will also be notified in writing that his report has been accepted and he will also receive a copy of the Clerk Magistrate ' s letter . Upon Chief Merry ' s request and recommendation, the Board unanimously appointed Paul Croteau and Richard Heath as reserve officers with a one year ' s probation period. The Board unanimously agree( that in the future , all police appointments shall include a one year probationary clause , instead of six months . At 8 :00 p.m. a public hearing was held for the intention of laying out Parker River Drive and Courser Brook Drive in preparation for acceptance at the annual Town Meeting. Two members of the Planning Board, (Elaine Byrne and Patricia Skibbee) , Ronald 0. Pearson and several residents of Parker River Drive were present . Mr . Lepito of 18 Parker River Drive said that he was concerned about the curbings (or berms) , that have become dislodged and remain all broken and he also voiced concern about the width of the street especially in the winter months . Other residents of the area , Stephen Weeder, Susan Sickle , Richard Morrell and Susan Lepito were present and-.,voiced concern over the hazardous condition of Parker River Drive . Planning Board :Chairman Elaine Byrne stated, "We have not as yet done our final . John O' Connell is doing the final now" . "I have gone down and looked at the conditions , and those berms have got to go. Courser Brook Drive is ok, ' but Parker River Drive , No ! If the berms are replaced in a satisfactory manner on Courser Brook Drive , the Planning Board will consider their approval of the same , but not until . " Planning Board member Patricia Skibbee stated `'Ronny has done a fine job, however , there are places that have to be repaired. Courser Brook Drive and Parker River Drive both need a lot of fill . " Highway Supt . Philip Osgood was asked .for his opinion. He said, "Same things , just the curbings , loam behind them and a little seed. " It was noted that it takes a two-thirds vote at the annual town meeting if the Selectmen ' s Meeting (Continued) March 24, 1987 Planning Board and Paul - Turbide are not satisfied. A motion was unanimously passed to close the hearing and the matter was taken under advisement . The hearing was re-opened and a motion was unanimously passed to sign the plans tantamount to the Planning Board ' s acceptance and recommendation according to Chapter 41 , Section 81-A of the General Laws . Mr. Pearson agreed to do the landscaping, contact Turbide on the best way to correct the curb breakage problem and to gravel the access road. The Planning Board will submit a report to the Selectmen to be presented at the town meeting. Mr. Pearson said that he had one complaint . He purchased a sign "Coursey Brook Drive" as that is the name he always knew it by, and he is not happy having it referred to as Courser Brook Drive . It was unanimously agreed that the records should show that Ronny bought the sign himself , not the town of Newbury. The meeting adiourned at 8 : 30 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING April 14, 1987 Chairman Machiros stated that before the meeting started, he wanted to take the opportunity to say that it was Selectman Lowe ` s last meeting as a member of the Board, as he is retiring after faith- fully serving for twenty-one years . Representative Thomas Palumbo was in attendance and he presented Selectman Lowe with a document of Congratulations which read as follows : Whereas , James A. Lowe is retiring after twenty-one years of outstanding service as a Selectmen in the Town of Newbury, and Whereas , James A. Lowe has served the community and people of Newbury in various positions and offices for many years ; four years with the Finance Committee , nine years as Health Agent , ten years with the Historical Commission, nine years as the Vice-President of the Byfield Housing for the Elderly, twenty-five years as Chairman of Commissioners of the Byfield Water District , six years on the Special Needs Advisory Board of Whittier Vocational Technical High School , six years as Legislative Liaison to Massachusetts Municipal Association, eight years as President of the Sons and Daughters of the First Settlers of Newbury Society, and Designated Agent for Disaster Relief in 1978 ; therefore , be it Resolved, that the Massachusetts General Court extends its congratulations to James A. Lowe on the occasion of his retirement and its best wishes for good health and many years of happiness in his future life ; and be it further Resolved, that a copy of these resolutions be forwarded by the Clerk of the House of Representatives to James A. Lowe . House of Representatives , Adopted April 13 , 1987 s/ George Keverian, Speaker of the House Robert E . MacQueen, Clerk of the House William M. Bulger, President of the Senate Edward B. O 'Neill , Clerk of the Senate Representative Thomas G. Palumbo Senator Robert Buell Selectmen ' s Meeting (Continued) April 14, 1987 Selectman Lowe thanked Representative Palumbo and said that he has been privileged to serve the town for twenty-one years in various positions . Chairman Machiros and Selectman Adams both wished him well -and said that it has been a pleasure to have worked with him over the years . The Chairman added that right after the meeting there would be a gathering of Selectman Lowe ' s friends who had also come to wish him well upon his retirement . In other related matters , Representative Palumbo said that he wished to announce that" he had spoken with the Chairman of the Ways and Means Committee and from all indications , in fiscal year .1988 funds will be available for the construction of the Salt Shed for the town, and the shed should be completed in the Fall of this year . The Selectmen ' s meeting opened at 7 : 50 p.m. Chairman Machiros stated that during the recent storm that caused heavy flooding , the town suffered damage in the sum of 1 . 2 million dollars . The following warrants were signed by the Selectmen: March 24, 1987 W39 60,088 . 76 P38 55 ,919 . 27 GP16 3 , 082 . 70 G20 6 . 089 . 04 RS35 7 ,994 . 00 W12 1 ,479 . 80 March 31 , 1987 W40 43 ,829 . 66 P39 12 ,437 . 73 RS36 829 . 75 G21 (COA) 240. 00 In other business , the board unanimously voted that anyone who finds it necessary to .dig up the roads in Newbury must post a bond. The Highway Supt . should determine the amount of bond, according to what the cost of repair shall be . Trash pick-up will begin at P1umis1and on May 18th and will end October 31st . Pick-ups will be on Mondays and Saturdays . The meeting adjourned at 8 : 00 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING APRIL 28 , 1987 The Selectmen ' s Meeting was held at 7 : 30 p.m. Usually the next meeting after the annual town election, the Board reorganizes . Selectman Angie Machiros was unanimously appointed as Chairman of the Board and Selectman Alan I . Adams was unanimously appointed as Clerk. Selectman Joseph S . Tevald. was the successful candidate at the April 25th annual town election. He was unanimously appointed to serve as third member on theBoard. The following warrants were signed by the Selectmen : April 7 , 1987 W41 35 , 120 . 51 GP17 2 ,957 . 23 P40 57 , 770 . 87 RS37 168 . 00 Selectmen ' s Meeting (Continued) April 28 , 1987 April 14, 1987 W42 21 , 691 . 85 P41 13 ,078 . 70 G22 (COA) 25 . 00 RS38 168 . 00 Town Counsel James Lagoulis was present and addressed the Board regarding Bill 1684, which is currently before the Senate that would allow the State to purchase land in tidal areas . Attorney Lagoulis said that the town should be very concerned about the bill because if it passes it will take away Newbury ' s home rule and hurt the town ' s economy. Also it will allow the DEQE to purchase land that it can also regulate . He said that they can place restrictions on the land that are burdensome and then turn around and say, "We ' ll buy it from you. " Right now, the DEQE has a right to put rules and regulations on land susceptible to flood damage , such as Plum Island. and the Parker River area , but is not permitted to make purchases on behalf of the State . Chairman Machiros , Selectman Adams and Selectman Tevald were in complate agreement that Newbury should guard against anything that threatens our home rule policy, and they will take steps to fight the bill before the Senate . Animal Control Officer Richard Cunningham addressed the Board and said that he always operated on the idea they he did not do any work inside the gate at the Federal Wildlife Area . He said that he would like to have the Board ' s feeling on that matter now as he said that approximately 10 days ,ago, in answer to a call from a concerned party about two dogs (license4ut not tagged) getting inside the gate and ending up at the Wildlife Section. She asked if he would see what he could do . He went there as soon;tas he could to see what the problem was . When he reached the gate he saw one of the Federal Employees carrying a dead dog which had been shot . He wanted to know the Board ' s feeling at this time . He said that he took exception to the fact that officials at the Wildlife had made no attempt to contact him and report what was going on. He- said that he was promised a copy of the officer ' s report , but so far he had not received it . He said that he didn ' t like blowing the whistle but he thought it would be a good idea i-f a meeting could be set up with the people involved at the Federal. Wild Life . He said that he has yet to receive a copy of their laws , but still they have asked him to go into the Federal Wild Life and do their work. He said if they bring an untagged dog to the gate , he will take it . Selectmen ' s Meeting (Continued) April 28 , 1987 The Chairman said, "You feel there is a lack of communication between the authorities and yourself?" Mr. Cunningham said, "It could be . They are an Island among themselves , but I feel that many of these things should be a two way street . " Representative Thomas Palumbo was in attendance . He said that he had concerns involving that area also. He said that he was opposed to fees being charged to Newbury residents and he was also opposed to any declaration of land taking by the State . He said that he felt that a public meeting with local Representatives , Senators , and also concerned citizens should be held. A motion was unanimously passed to set up such a meeting . Mr. Cunningham said that he has no way of knowing how many dogs have been shot on the Federal Wild Life section. There have been many dogs that have disappeared from that part of the Island. A Meeting will be set up in the near future . For the record : The town suffered damages in excess of one million dollars during the floods this past April . General Damage Assessment Form - MCDA Form DA-1 , was delivered in hand to Robert Boulay, Director Civil Defense Agency in Framingham. A letter was attached to the Form, in which. a request was made for assistance in arranging a Federal Emergency Management Team to evaluate the damages that have occurred due to the excessive flooding. By a unanimous vote of the Board, the Siren Poles will be removed, relating to the Seabrook Nuclear Power Plant . Town Counsel James Lagoulis will study the situation and determine what the next step for the poles ' removal should be . Mrs . Thomas Ivone was in attendance and requested that steps be taken to slow the traffic on Central Street , as she is of the opinion that it is very dangerous for the children in the area . A "Slow Children" sign will be put up temporarily and the area will be studied by the Selectmen. The meeting adjourned at 8: 55 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING May 12 , 1987 The Selectmen ' s meeting was held at 7 :30 p .m. Chairman Angie Machiros opened the meeting . Selectmen Alan I . Adams and Joseph B . Tevald were present . The following warrants were signed by the Selectmen: April 21 , 1987 W43 16 ,582 . 13 P42 54,213 . 63 GP18 2 , 109691 G23 984 . 90 RS39 8 ,099 . 00 April 28, 1987 W44 278,348 . 82 P43 15 , 764. 76 G24 4,480 . 14 RS40 168 . 00 Chief Merry was present . At his. recommendation, and after careful consideration by the Board, the following were appointed as full time patrolmen to July 1 , 1987 . Order of list to be regarded as order of Seniority: 1 .. Gary Clifford, 2 . Paul Ruggiero , 3 . Gregg Frappier . These were all unanimously approved. Barbara Greenwood was present . Selectmen unanimously approved of a license transfer at Island Sub & Pizza, 51 Northern Boulevard, Plum Island, from Linda Paulhus to Barbara Greenwood. Mrs . Greenwood was asked if she understood the parking regulations , rules and regulations connected with running the shop and she said that she was well aware of all the regulations and could see absolutely no problems . A letter from James Noyes was received and read by the Chairman. The letter stated, "There is a drainage problem on the Upper Green. The reason for this is the hot top drainage ditch which was at the end of the pond; was omitted when pond renovations were done . Possible solution to this would be to put back drainage ditch with stone and then put grass back over. " The request will be directed to the Highway Supt . Philip Osgood for his attention. Mr . Eric Harmony was present . He addressed the Board and asked if the other half of Old Rowley Road could be tarred, as he and several others plan to build there in the near--future . He was told by the Board that planning for this year ' s road repair has already taken place , but hopefully the plans for next year ' s road repair will include Old Rowley Road. At 8 : 00 p .m. a public hearing was held on petition of New England Telephone and Telegraph Company, Plan 3036 , dated April 21 , 1987 , to lay approximately 60 ' of conduit on Main Street and approximately 30 ' of conduit on Central Street at the intersection of Main and Central Selectmen' s Meeting (Continued) May 12 , 1987 Streets . No opposition was voiced. Abutters were all notified. Mr . Shanley from the Telephone Company was present . He assured the Selectmen that the streets would be put into good repair and a 30-day to 60-day check would be made for further repair work after the road settles . He said that he would be in close touch with the Highway Department . A motion was unanimously passed to take the matter under advisement , and the hearing was closed. The hearing re-opened and permission was unanimously granted. At 8 : 15 p.m. the Planning Board addressed the Board ; -= - .,-regarding the realignment of Main Street . They said that they wished to discuss the possibility of moving Main Street in Byfield one or two feet to the right , to lessen the traffic congestion near the Knobb Hill development , a 19 home subdivision off Main Street , near West Street . The Selectmen said that they needed more time to study the plan and would meet with Paul Turbide and the Planning Board at a later date . In addition, Planners asked if the Selectmen would allow them to block off part of West Street , so cars would have to turn right onto Main Street to go South, rather than go straight on West Street . The way the street is laid out now, Main and West Streets Join together at an intersection, which is already crowded, but Elaine Byrne , Chairman of the Planning Board said that she feels it will become even more of a safety hazard once the subdivision is complete . By moving the road toward the right and blocking off part of West Street , traffic would be steered away from that area . Before any action is taken, Paul Turbide will be notified so that he may attend a meeting called for that purpose . The removal of the Seabrook Nuclear Power Plant Siren Poles was discussed and the Board was in complete agreement that the town of Newbury should Join with the surrounding towns who also wish to have the siren poles removed because this route makes more sense financially, than an attempt to single handedly battle the utility. The other towns are Salisbury, West Newbury and Merrimac . The towns have asked Public Service Company of New Hampshire , the primary owner of Seabrook Nuclear Power Plant, to remove the siren poles , because the town meetings have voted against participation in evacuation planning . The matter of dumping construction materials at the landfill will . be addressed in the near future . The meeting adjourned at 9 : 50 p.m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING May 26 , 1987 The Selectmen ' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph B. Tevald were present . The following warrants were signed by the Selectmen: May 5 , 1987 RS41 174 . 25 W13 (COA) 2 , 512 . 20 G25 (Library) 818 . 00 W44 483467 . 34 GP19 2 , 109 . 91 W45 38, 523 . 66 May 12 , 1987 W46 48 , 543 . 36 P45 13 , 541 . 98 RS42 168 . 00 G26 25 . 00 May 19 , 1987 W47 104, 718. 64 RS43 7 ,938 . 00 P46 49 ,336 . 10 GP20 2 , 109 . 91 The subject of swimming at the town dock was discussed by the Board and Chief Merry. It was agreed, that the Harbormaster Edward Sternfelt and his assistants will be asked to attend the next meeting and rules and regulations regarding the town wharf and ramp will be discussed. In other business , the Board authorized Police Chief Roger Merry to increase the private detail rate when officers are working for the town of Newbury, from $16 . 50 to $18 . 00. The Chief said that the increase will make the rate similar to those in surrounding communities . The Board requested Chief Merry to contact Highway Supt . Philip Osgood to make repairs to the fence around the Byfield School . Selectman Joseph Tevald explained that more of the fencing had been torn from the rails since he first complained about the problem three weeks ago . He said that he was concerned about children getting injured . With reference to Nuclear Regulatory Commission, the Board voted against reduction of the 10 mile area , regarding the evacuation plan in case of an accident at the Seabrook Plant . At 8 : 00 p .m. bids for computer software were opened and read. Bids were received from. Computer Productivity Associates and from AT & T/Summa Systems . AT & T submitted a bid for $20,000 . 00. Computer Productivity Associates submitted a bid for $7 , 150 . 00 if paid within 30 days from the date of installation, or $9 ,000 . 00, if not -paid within 30 days from the date of installation. The Board unanimously voted to take the bids under advisement , and refer them to James Giusti , CPA, who is the Computer Consultant for the Town of Newbury. Mr . Giusti will study the bids and give the Board his recommendation in writing to be presented at the next meeting . Chairman Machiros said that he wished to publicly thank Chief Merry for being super helpful in hand delivering forms regarding the Spring Flood Damage to the Town. The forms had to be made out Selectmen ' s Meeting (Continued) May 26, 1987 and delivered to DPW by the 28th of May, in order for the town to receive reimbursement for damages . The meeting adjourned at 8 :30 p.m. Respectfully submitted, Doris Hodge , S retary Newbury Board of Selectmen SELECTMEN' S MEETING June 9, 1987 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the. Selectmen: May 26, 1987 W48 66, 643 . 03 G27 8, 645 . 56 P47 13 , 396 . 33 GP21 21 . 00 RS44 273 . 00 June 2, 1987 W49 47 , 050 . 16 G28 880 .70 P48 49, 891 . 11 GP22 2, 109 . 91 RS45 1, 458 . 00 W14 (COA) 1 ,775 . 80 Mr. Paul Turbide was present and the subject of Knobb Hill Estates (West & Main Street Section of Byfield) was addressed. Mr. Turbide state6 that Mr. Dermot Kelley was in attendance, who has prepared a plan as part of a traffic study done for Ronald Pearson, as part of the approval process for the Knobb Hill Sub-division which has been approved by the Planning Board. Mr. Turbide presented a drawing which outlined how the roadway can be moved 2 or 3 feet to the right in order to alleviate congestion problems. He stated that this does not involve any taking of land whatsoever. Mr. Turbide said that he would like to attend the next meeting and bring with him a design plan for the Board to review which would be more explicit than the drawing that he had with him tonight. The Board was in agreement. The matter of a tree which stands on a triangle of land at the intersection was discussed. Mr. DesJardins who claims ownership was present and after a discussion with the Board, he agreed to give up his rights to the tree and triangle of land in order that the town can get on with their plans to make the changes necessary to correct the congestion problems . Selectmen' s Meeting (Continued_ June 9, 1987 A dog hearing was held regarding a dog owned by Roger Kelly, 12 Newbury Neck Road. The complaintant was Launa J. Moise, 16 Newbury Neck Road. Mrs . Moise addressed the Board and stated that Kelly ';s d..og Goldie attacked her 5 year old German Shepherd, and bit him on his right side. She said that the two dogs were both in the road at the time the attack happened. Mrs. Moise added that "everyone knows .that the dog is part Pit Bull, and all the neighbors feel that he is a threat to the children in the area. He has a very vicious nature. " Mrs. Kelly responded that her dog has no Pit Bull in him and is far from vicious; adding, "He is not a threat to children or another dog, and is not likely to attack either. " Animal Control Officer Richard Cunningham was asked if he had any information re- garding . the matter. He said that some of the testimony he did not quite understand, adding that Mrs. Moise ' s dog is a large Shepherd and is usually inside a chain link fence. He said, "When I went to Kelly' s the night I served the notice of hearing, I found her dog to be very friendly. He leaned up against my leg and wanted me to pat him" Chairman Machiros asked Mr. Cunningham, "In your opinion, would this dog be apt to go after . a child, and Mr. Cunningham said, "I cannot guarantee any dog. If you want my recommendation, I would recommend that the matter be dismissed, hopefully with the stipulation that the parties try to get along as neighbors. " The hearing was closed and the matter was taken under advisement. The hearing re-opened and by a unanimous decision, the Board voted to go along with Mr. Cunningham' s recommendation and dismissed the case. A letter from Patricia Perley, an employee of the Police Department, was received and read by the Chairman. Mrs. Perley stated in her letter that she had an interest in becoming a full-time police officer, and she would like to be considered for the position which is open at this time. The letter also related to other matters The Board unanimously voted to have the Chief look into it and report back to the Board of his findings, and to reach a resolve regarding this matter and forward his recommendation to us . The Board voted unanimously in favor of making the speed limit on rights of ways at Plum Island and any side road at the Island that are 10 feet wide, ten miles per hour. This speed limit would not apply to the main roads at the Island. A letter was received from Attorney Richard Kelleher in reference Selectmen' s Meeting ( Continued) June 9, 1987 to David M. Brown and Carolyn A. Brown purchasing the business known as the "Corner Cupboard Package Store" at 4 Hanover Street, from William and Robin Leete. A public hearing regarding the transfer of the license will be held July 14th at 8 : 00 p.m. There will be a special town meeting on June 23rd at 7 : 00 p.m. at the Newbury Town Hall . The Selectmen will meet with the Parker River Wildlife Officials, Department Heads and anyone else having an interest in the Refuge on June 18th at 7 :30 p.m. with an attempt to straighten out problems such as entrance or user fees, blocking off parts of the beach, questions that the Selectmen have, along with our State Representative Thomas Palumbo and Senator Robert Buell, the local clammers, the police, firemen , Animal Control Officer and Robert Colby who harvests Salt Marsh Hay. A public hearing with regard to the removal of Siren Poles in the Town will be held on June 23rd at 8 : 30 p.m. The fees for Milk Licenses in the town will be increased from $2 . 00 for 5 years to $15 . 00 for 5 years . This was a unanimous decision of the Board. A letter of recommendation from James J. Giusti, Computer Consultant for the Town, was received and read by Chairman Machiros. Mr. Giusti recommended that the bid for computer software be awarded to Computer Productivity Associates . The Board unanimously agreed with the recommendation of Mr. Giusti and awarded the bid to Computer Productivity Associates . Harbormaster Edwin Sternfelt, along with his assistant Jim Rambus and several of the residents of the Parker River Area were present at the meeting. The problems concerning swimming, diving, boating, non-existent rules, etc. , were discussed at length, with the Board. Mr. Sternfelt and Mr. Rambus both felt that the situation as it is now is not completely safe for swimmers, since boats are docked in the area of the float. Mr. Ronald Filmore of 279 High Road was of the opinion that too many rules and regulations are not good, but more common sense should be exercised. Selectman Adams agreed, adding, "Swimmers should be smart enough to use the other side to swim and boaters shouldn' t go where the swimmers are. " However, Mr. Sternfelt and Mr. Rambus said that their concern is with public safety, more especially, the children. In addition to the problems with swimmers and boaters, the Harbormaster and his Assistant said that they have their hands full with water patrol, since Selectmen' s Meeting ( Continued ) June 9, 1987 they are without a boat and the old boat is in the process of being fixed. Mr. Sternfelt said that for about $4, 000 . 00 we could put the old boat in working order for this year anyway. The Selectmen suggested to Mr. Sternfelt and Mr. Rambus that the people that showed concern at this meeting should all form a committee and come up with a good set of by-laws for the river. There were several volunteers . The Committee will report back to the Board when the By-Laws are ready to be reviewed by the Selectmen for their approval . The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JUNE 23 , 1987 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: June 9, 1987 W50 22, 335 . 17 G29 (COA) 105 . 00 P49 17, 234 . 61 RS46 8, 194 . 00 June 16, 1987 W51 39, 081 . 90 P50 51., 929 . 33 R47 1,758 . 00 G30 (Library) 3 . 60 There has been a request that residents at the Quaker Hill Estates in Byfield would like to have their mail delivered to them as a lot of them are finding it difficult to pick up their mail at the Post Office. By a unanimous vote of the Board, a letter will be sent to the Postmaster of the Byfield Post Office supporting this request. A one-day liquor license was granted to Ould Newbury Golf Club at the Club on US Rt 41 on June 30, 1987 (July 1st is the rain date) . The Board unanimously agreed that all milk licenses in the town will be $15 . 00 for five years. This was increased from $2 . 00 for five years) . At 8 : 15 p.m. a pole hearing regarding three poles on Plummers Lane was held. There was no opposition voiced. A representative from the Mass. Electric spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing reconvened and permission was unanimously granted. The matter of vendors at Plum Island was brought to the attention of the Board. There have been complaints as a result of difficulty encountered with Mobile Vendors .parking and selling their wares at the Island. By a unanimous decision of the Board, a motion was passed Selectmen' s Meeting (June 23 , 1987) Continued that no hawkers, peddlers, or vendors of food, frozen deserts or any wares, may sell or advertise for sale,, any such goods, within 300 feet of any business establishment, unless otherwise authorized by special permit issued ' by the Selectmen. Any person violating these regulations shall be punished by a fine of $20 . 00 for each such violation. Any person committing a subsequent violation shall be subject to revocation of any license issued to said person by the Selectmen. A public hearing was held regarding the removal of the Siren Poles in the Town. Representatives of the Seabrook Nuclear Power Plant were present, along with concerned residents of the town. After hearing testimony from plant representatives and then from residents, the Selectmen said that in their opinion, the siren poles were not lawfully placed in the Town. Attorney Scott Hill-Wilton of the office of our Town Counsel James Lagoulis was present and stated that according to Law, placement of the poles would have required a Town Meeting vote, and to his knowledge such action never took place. Attorney Hill-Whilton said that the poles could not be erected with only the Selectmen' s approval unless they were designed for- the "direct transmission of electricity" . Robert Stillman, of Ropes and Gray, the dirm representing the Plant, said that the siren poles would serve such a purpose, saying "These poles are intregal for the purpose of electrical transmission. He said that the Plant cannot get licensed without proper evacuation plans which entail a siren system in communities around Seabrook. Residents were certain Seabrook is not a goo thing and therefore, anything associated with the plant should go. Mr. Stillman said also that if the decision of the Select- men is to join with West Newbury in demanding that poles be taken down will lead to a costly legal battle. Several resident were of the opinion that the siren poles are unsightly and certainly a reminder of "the monster that is Seabrook" . And the majority of the people in opposition to the Plant felt that the Siren Poles are not designed for the direct transmission of electricity and therefor are not intregal for the purpose of electrical transmission. Attorney Hill-Wilton asked Mr. Stillman if the sirens at this point are so that we might use them, and Mr. Stillman said that they were. Chairman Machiros said that the poles are not operative. William Carter, a concerned resident, asked "Can these poles be activated by Seabrook Station?" and the answer by Mr. Stillman was "Yes" . The hearing was closed and the matter was taken under advisement. The hearing resumed and Chairman Machiros said that he would entertain a motion that the Board of Selectmen take whatever action is necessary to have the poles and sirens removed and to instruct Town Counsel to seek to join Newbury in the lawsuit between West Newbury and the Power Service Company of New Hampshire (PSNH) . The motion was carried unanimously, and the hearing was closed. In other matter, Gerald Pratt was unanimously appointed as a full time patrolman (3 year appointment) . This appointment was made with the recommendation of Chief Merry. The Board unanimously agreed that Richard N. Cunningham, who does special police duty as Animal Control Officer, will be afforded the rights of a regular police officer should there be a reason for dismissal., Selectmen' s Meeting (Continued) June 23 , 1987 meaning that he cannot be dismissed without a proper hearing. Mr. Cunningham stated that in his involvement with the Police Department he has had the utmost cooperation. The regular yearly appointments were made in the usual manner. By a unanimous vote of the Board of ,Selectmen, Mr. Benjamin Pearson was not re-appointed to the Conservation Commission. All of the other appoint- ments are on file in the Selectmen' s Office. Selectman Tevald said that he would like to suggest a re-evaluation of the Board of Health status in .terms of the Agent for the Board of Health. He added "I would like to see the three Selectmen as Agents to the Board of Health and perhaps Mr. Lowe could be kept as an Assistant Agent to the Board of Health. It would afford better control. over the Board of Health" . Chairman Machiros made a motion to "Number one - we should take a whole look at the picture, and Number two the three Selectmen shall be agents to the Board of Health. " The motion was unanimously carried. By a unanimous motion, the Board approved of giving Installers Permits to those who qualify under the discretion of the Board of Health. The moratorium has not been lifted. The .meeting adjourned at 10 :30 p.m. Respectfully submitted, Doris Hodge, Secretary 0. MEETING OF THE BOARD OF SELECTMEN WITH STATE AND LOCAL WILDLIFE OFFICIALS, STATE REPRESENTATIVES AND CONCERNED CITIZENS On June 18, . 1987 , the Board of Selectmen, Representative Thomas Palumbo, local officials and concerned citizens met with U. S. Fish and Wildlife Service Representatives, Mr. Thomas McAndrews, Northeast Refuge Supervisor for the Fish and Wildlife Service and Mr. John Fillio, Refuge Manager, in an attempt to resolve a number of issues with regard to the Parker River National Wildlife Refuge. Chairman Machiros opened the meeting, and stated that "everyone present will have a chance to voice their concerns, and all of these concerns will hopefully be amiably dealt with here tonight" . The Chairman added, "It is not our intention to tell the Wildlife how to run their business, but we are being adversely affected, regarding closure of the beaches. It can seriously affect the town of Newbury. " Police Chief Roger Merry spoke first: "I would like to express my concerns. Number One, the law enforcement issue, not so much the U. S. Fish and Wildlife Laws, but State and Local Laws . It is my understanding that the officer at your Wildlife is leaving. " Mr. McAndrews, Northeast Refuge Supervisor for the Fish and Wildlife Service, stated that he will be finding a replacement to fill the vacancy. Chief Merry said "We want to work with you people, but we do have concerns about our liability. " Mr. McAndrews stated that "during .a crucial period there will be three full time officers on duty. They have authority to enforce Federal Fish and Game Laws in the area. " Chief Merryjsaid, "Having had two officers, and now you' re down to one, and that person is leaving - so what is happening is going to put more of a burden on our part. " Mr. McAndrews answered, "We can perhaps come up with an agreement. " Chairman Machiros addressed Mr. McAndrews: "Would you explain the fees?" Mr. McAndrews stated that .towns have two options : "They can receive twenty-five percent of what is brought in, or three quarters of one percent of the assessed valuation. You are always going to get some. " Chairman Machiros stated that for many years the towns received about zero. Mr. McAndrews said "There are no guarantees . ". Chairman Machiros asked, "Can I get assurance from you that we can get law enforcement? . Mr. McAndrews : "We are requesting that two people get credentials . Mr. Schoppmeyer (sp) is leaving, and we will have to get along. We will sit down with the Chief as soon as possible" . Chief Merry: "Another situation, some of your laws allow liquor on the refuge. " Mr. McAndrews : "That' s right. " Chief Merry: "When the refuge is full , the beer that is brought down lands on the Island and creates problems for our officers" . Mr. McAndrews : "I agree with you that there are problems, and if I could change the law I would, but the officials in Washington --- " Chairman Machiros : "Summer is upon us, and we need immediate action Second page of June 13, 1987 meeting Re: Parker River Wildlife Refuge on your part in getting a full time officer down there. " Mr. McAndrews : "we have to train a man and we just can ' t go out and hire a man off the street. Five names are picked off the register of people interested in working for the Federal Government.' Selectman Adams : "Can you bring in an officer?" Mr. McAndrews : "Yes,. we might go to our special agents and maybe we can get some help from them" . Selectman Adams : "It is too bad that we have to go through this at this busy season. " Mr. McAndrews : "I couldn' t agree with you more" . Chairman Machiros then stated that Representative Palumbo was here this evening and had brought with him a letter addressed to the Board outlining his concerns on this very important issue. The letter is incorporated into the minutes of this meeting and refers mainly to two subjects . #1 - The proposed fee; and #2 - the exclusionary policies proposed by the Parker River Wildlife refuge. Representative Palumbo was asked if he would speak to the group in attendance and he said that he was glad to be at this meeting because he was hopeful that a compromise can be effected that will take into consideration the interests of all recreation goers - birders, hikers, bikers, anglers, walkers, bathers, clammers and general sightseers . He said that up until 2 or 3 years ago, all recreational interests were accommodated on the Refuge to the exclusion of none, and he had received many calls from people voicing their concerns. He said that he favors a broader policy of public access . He said that the Commonwealth, not the Federal Government owns the Southern most portion of Plum Island, and that he had initially questioned how one could justify charging fees to patrons desiring access to the State ' s Sandy Point. In his letter to the Board, Rep. Palumbo said that "he had been assured by Mr. Fillio, Refuge Manager, in a letter dated June loth, (also incorporated in these minutes) that visitors to that area would not be charged, adding, those who have inquired will be pleased with that policy. " His letter also read "The issue of fees presents only one side of this miltifaceted problem. Beach closure and the over crowded effect it has on our Northern Shore is one other. Mr. Fillio' s letter states in answer to this- "The beach closure has been implemented as a protective measure in order to imporove nesting opportunities for the Federally threatened piping plover. We are monitoring the birds ' activities on the beach and will re-open as soon as we can be assured that any nesting has been concluded. As a National Wildlife Refuge, our Congressional mandate is wildlife; allowing for public recreation only if compatible with our wildlife purposes . " Representative Palumbo' s letter stated that he agreed that we do have a legitimate responsibility to protect our wildlife, no less primary . than the responsibility we have to the taxpayers of our Commonwealth and the nation, without whose financial support, the staff management on the Refuge would cease and the proposed multi-million dollar visitors center would become a moot issue ! He went on to state in his letter that he disagreed with the need to exclude several miles of shoreline to public Third page of June 18, 1987 meeting Re: Parker River Wildlife Refuge access to meet that responsibility! Representative Palumbo stated "We should at lease sit down and compromise. I think we should protect the interest of the taxpayer. " Chairman Machiros stated that for the record: Senator Buell apologizes that he cannot appear this evening. However, he is in agreement with Representative Palumbo' s statements . He has stated his objections to the excessive closing at the Island. Mr. McAndrews stated that "the Piping Plover is our main concern. It is an official endangered species. We have to take an approach to protect the Piping Plovers ' nesting and set aside a section of the Parker River for the Piping Plover nestings. They nest all over the place; every year it' s different so it is difficult to forecast where they are going to nest next. We allow public use where it is compatible with our wildlife. Over the years we have marked out the number of parking spots in that area. What we are doing is, we picked out three miles at Parker River (the best areas where Piping Plover may nest. ) When we feel that the nesting is over we may open up more sections of the Island. We will try to open up as soon as we can. The matter of Fire Protection was addressed. Fire Chief H. Verne Noyes, III, was present and stated "Two years ago we were told not to respond to fires down there unless the Wildlife calls . " Mr. Fillio stated: "About three years ago an agreement was sent to the Board of Fire Engineers. Verne said: "We .can' t find it. " Mr. Fillio said: "We ' ll send you another. We' ll sit down with the Board of Fire Engineers and come to an agreement. Chairman Machiros said that the Clammers also have concerns. Verne Noyes, one of the clammers, said that 2 - 3 years ago the clammers tied their boats at the ramp and did clamming. Now - they can' t use the ramp. Mr. Fillio said that the amount of clammers that originally tied up at the ramp was ok' s by him, but then the number of clammers got out of hand and they started tying up all over the place and he had to put an end to it. That too will be addressed and some agreement will hopefully reached when the clammers sit down with Mr. McAndrews and Mr. Fillio. Animal Control Officer Richard Cunningham was in attendance and addressed Mr. Fillio and Mr. McAndrews: "In 13 years, not once have I been notified of any dogs being ,shot at the Wildlife Refuge. What do you do with the dogs you shoot? Mr. Fillio said "We have a place to bury them. " Mr. Cunningham said that he felt that it was only common decency to report any shooting to him, so that he could notify the owner of the dog. Adding "I am an employee of the Town of Newbury, however, I have no authority to go inside that gate (at the Refuge) . I have attempted to work with them; whenever they have requested me to go down there I do go. " Mr. McAndrews said "If it is necessary to destroy a dog in future, you will be notified. You do have the authority to go on to the Refuge (in the town of Newbury) " . Bob Colby, who does Salt Marsh Haying, said that he was prohibited from doing so in the area of the Refuge. Mr. Fillio stated, "We will Fourth page of June 18, 1987 meeting Re: Parker River Wildlife Refuge allow it on the Southwest Boundary" . Mr. McAndrews said, "I am not up on the details, but I am sure that we can meet and straighten out many of the problems . " Selectman Tevald said: "We have covered a lot of issues here tonight. . Getting back to the law enforcement issue, it really is primary in my mind that the primary officer has resigned. I for one feel that we should hold you to a firm commitment, as far as your getting an officer to fill the vacant position. Chairman Machiros said, "I would like to reiterate the importance of the vacancy" . Mr. McAndrews said: "We will make that a top priority" . Chairman Machiros answered, "No, all our concerns are as important" . Mr. McAndrews :- "No, I will not consider that a top priority" . The meeting adjourned at 11 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING July 14, 1987 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were. signed by the Selectmen: June 23 , 1987 W52 128, 389 . 21 WG31 2, 292 . 50 GP24 63 . 00 RS48 273 . 00 P51 20, 399 .75 June 26, 1987 W53 19, 207 . 60 P52 156, 178. 57 GP25 6, 580 . 39 RS49 1 , 925 . 00 W15 (COA) 1, 622 . 63 It was noted that the Road Bond Issue will be brought up at the September 8th meeting. Chairman Machiros stated that he had been in contact with Town Counsel with reference to the recent regulation concerning Hawkers, Peddlers or Vendors of food, frozen desserts or any wares . A motion was unanimously passed that the following be added to the regulation "Any person violating these regulations shall be punished by a fine of $20 . 00 for each violation. Any person committing a subsequent violation shall be subject to revocation of any license issued to said person by the Selectmen. " Chief Merry was informed by the Board that a police officer is to serve the regulation to the offender and follow it through. The Knobb Hill subject was again discussed with Carlton Brown from Paul Turbide' s Office and Dermot Kelly, who, together presented a final plan of how best to alleviate the congestion problems at the intersection at West and Main Streets .' Members of .the Planning Board were present and seemed to be pleased with the plan as presented and could foresee no problems . A discussion between the Selectmen, the Planning Board and Mr.Kelly regarding the signs at that area followed. Mr. Kelly recommended a "T" and "Curve" sign together, and both boards were in agreement with this. It was also discussed and agreed that the developer should stand any expense in connection with drainage tie ins . A motion was unanimously passed that the Planning Board and the Board of Selectmen are in concurrence that the Plan as presented is accepted. The Selectmen unanimously agreed that the Town of Newbury will not exercise its right and option to purchase a parcel of land off Parker street, owned by Edith H. Smith. The land is to be converted from Agricultural and/or horticultural use to Industrial and/or commercial use under Chapter 61A, MGL. Attorney Richard Kelleher was present with this clients David M. Brown and Carolyn A. Brown, of 43 Low Street. He requested a transfer of the "package store liquor license from the present owners William and Robin N. Leete at #4 Hanover Street, Newbury, and known as the "Corner .Cupboard Package Store. " The Browns said that they plan to run the business the same as it has been running and could see no problems with the operation. There was no opposition voiced, and Attorney Kelleher and Robin Leete spoke in favor of the transfer. A motion was made to close the hearing and take the matter under advisement. The Selectmen' s Meeting Continued July 14 , 1987 motion passed and the hearing was closed. The hearing resumed and the Board unanimously granted their approval, subject to the approval of the ABC, and the Board informed the Browns that they reserve the right to issue any comments, should there be trouble at the Package Store. Animal Control Officer Richard N. Cunningham was present and addressed the Board. He said that he will be moving to a new location in the near future, adding, "I am no longer the owner of the house, but I am a tenant there for the present, and the pound at that location is still in operation. When I do move into the new house, before consider- ing building a new pound, I would like to know just how I stand as far as appointments go, and I would like to be considered for a three year appointment so that I would feel as though I have some protection. I believe that before too long, the demands are going to be great,. as far as the specifications for dog pounds are concerned, and the facilities will even include air conditioning. I would like some protection, and feel that a three year appointment would give me that protection before I go and invest money in a new dog pound. " Mr. Cunningham' s age (67) was brought up, and the possibility of his being incapacitated during a three year appointment was discussed. Mr. Cunningham stated that he did not foresee his becoming incapacitated, but in case he did become so, he would give up the job as Animal Control Officer, and the Board would not have to worry about that, if that was a determining factor in making the three year appointment. Mr. Cunningham added that when he does build a new pound, it will have concrete floors, running water, heat electricity, and housing for the animals. Selectman Adams said, "I have known Dick for a long time, and feel that his word is good and consider- ing the fact that he says that he ' s willing to. build a new pound, as long as he has this protection, I vote to give him a three year appointment. " Selectman Tevald asked if that was in the form of a motion, and if Selectman Adams was looking for a second, he would second it upon the conditions that Mr. Cunningham will submit an agreement in writing, saying that if he is not able to conduct his duties as Animal Control Officer, as deemed by the Board, he would relinquish his duties at that time and also that he would be fully responsible for all aspects of building a new pound, meeting all legal requirements. If Mr. Cunningham accepts these conditions, I will second the motion. Mr. Cunningham was agreeable with this and the motion was passed. The subject of the removal of boulders from the Thurlow' s Bridge area in Byfield was discussed between concerned residents, the Select- men, Chief Merry and Highway Supt. Philip Osgood. All questions were directed to the Chairman of the Board. Calvin Watson asked who put the boulders there and he was told that the Highway Department, acting under the orders of the Highway Supt. (who was out on vacation at the time) , put the rocks there. Mr. Osgood spoke and said that the rocks were put there because of safety reasons. He said that approximately 25 to 30 people have called to report automobile mishaps in that area. He said that public safety was the main reason, and he had the opportunity to get some rocks and he thought it would be a good idea to put them there. Two petitions were presented to the Board. One was Selectmen' s Meeting (Continued) July 14, 1987 signed by people who thought the rocks should be removed and the other was signed by persons who thought the rocks should stay. Mr. James Stone was present and said that in his opinion, running off into the marsh would be better than running into one of the. rocks . Edward Brown and his son Robert Brown were both present and voiced their objections to the rocks and requested that they be removed. Paul Cavanagh, a resident of Middle Road questioned the fact that so. many mishaps actually occurred and wondered if Chief Merry had a record of the number of mishaps quoted, and he also called attention to a letter that his wife, who lives elsewhere other than on Middle Road had sent in. The letter asked that the rocks be removed as she could see no call for putting them there and thought that they did nothing but make the area look ugly. Mrs. Gillian Ingram was in opposition and asked that the rocks be taken away as she saw no benefit whatsoever in having them there. Mrs . Ingram has been in contact with the DEQE and with the Newbury Conservation Commission in order to determine whether the rocks could legally be put in that area. Mr. William Creed was present and presented to the Board the petition signed by persons in favor of the boulders . He was the only person present who spoke in favor. Selectman Adams, after hearing all the comments about the rocks, stated that in his opinion, the Highway Supt. did what he thought was best, however,_ he said that the rocks just aren' t nice looking and there is a lot of aggravation because of them, and the Highway Supt. should see that they are taken out of there and taken to the dump. He put that in the form of a motion and Selectman Tevald said that before he seconded it, he wanted to make it clear that he was very unhappy with the fact that someone found it necessary to go above the Board of Selectmen' s heads and contact the DEQE before the Board even had a chance to straighten the situation. out. Mrs. Ingram said, "I assume you are addressing me? Well, I felt that I had to get action as fast as I� could and contact all the people who would help us get those boulders out of there as soon as possible. " Selectman Tevald went on to say that in his opinion, it wasn' t right to go above the Board before coming to the, and with that clearly noted, he would second the motion. The motion was passed. In other business for the evening, the Junk By-Law was addressed. It was noted for the record that the Junk By-Laws have not come back from the Attorney General ' s Office as yet. In the meantime, any complaints should be put in writing, and when we do get the final By-Law from the Attorney General ' s Office, all complaints will be aired at a Selectmen' s meeting. Michael Bulgaris was appointed to the Conservation Commission for a three year term, replacing Benjamin Pearson. This appointment was unanimously agreed upon by the Board. Michael McGuire was unanimously appointed as Highway Department Working Foreman. Mr. Maguire has been working for the Highway Department for some years and is highly recommended by the Highway Supt. Philip Osgood. The meeting adjourned at 10 :30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING July 28, 1987 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectman Joseph S. Tevald was present. Selectman Alan I . Adams was not present. The following warrants were signed by the Selectmen: June 27th 1987 W54 21,327 . 91 WG32 (Lib) 61 . 10 P53 ' 8, 588 . 99 RS50 775 . 00 June 30th W55 108, 153 . 12 G33 2, 745 . 54 RS51 11 . 10 July lst P1 601 . 10 July 7th W1 152, 636 . 99 P2 8, 859 .75 RS1 25, 479 . 00 G1 (COA) 25 . 00 July 14th W2 83 , 015 . 44 P3 27 ,354 . 39 RS2 825 . 00 The Selectmen unanimously agreed that the town of Newbury will not exercise its right and option to purchase two parcels of land on Middle Road, Newbury, owned by Lawrence C. Brown. The land is to be converted for use under Chapter 61A, MGL. At 8 : 00 p.m. a public hearing was held on petition of New England Telephone & Telegraph Company and Mass. Electric Company, to relocate one pole 75/2 12 ' West on 37th St. , adjacent to property owned by Vincent Russo, 120 No. Blvd. , Plum Island. Dr. Russo was present and voiced his opposition stating that if the pole is moved to the spot that the Utility Companies have in mind, it will block off his access The proponent was not present at the meeting. A representative of the Utility Companies was present. A motion was passed to close the hearing and take the matter under advisement. The hearing resumed and the petition was denied as the Board felt that it would be unfair to allow the pole to be moved to that particular spot where it would block the access to Dr. Russo' s property. By unanimous agreement, the Board made the temporary appointment of Attorney John Healey as special town counsel to handle possible litigation for the town in case of a conflict on interest situation which might possibly involve our regular Town Counsel . The Board unanimously appointed M. Louise Ziehler as non-discrimina- tion officer to serve for the coming year. Anim-al� Control Officer Richard N. Cunningham presented to the Board a written agreement, with regard to his possible three year appointment. The Board will review the agreement and the matter will be discussed at the next meeting of the Selectmen. The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING AUGUST 11, 1987 The Selectmen' s meeting- was held at 7 :30 p.m. Chairman Angie Machiros opend the meeting. Selectmen Alan I. Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: July 21, 1987 W3 39, 065 . 83 P4 16, 276 . 22 RS3 8, 680 . 50 July 28, 1987 W4 17 , 685 .73 P5 27, 576 . 61 RS4 202 . 50 GP1 2, 000 . 00 WG1 .(COA) 2, 489 . 40 Eleanor Woodman attended the meeting and discussed with the Board the safety factor involved regarding her selling corn from her truck at -Boston Road and Route 1 , which the Board, as well as the Chief of Police are of the opinion is parked too close to the road, and cars travelling at a high rate of speed (55 MPH) may not be able to cope with cars driving up to the corn truck or driving away from it. Mrs . Woodman was assured by the Board that the Town has no intention of hassling her, but clearly stated that they are very concerned about the safety issue. Mrs. Woodman stated that she would most definitely move the truck back much further from the road and thereby she felt that it would be much safer, and the Town would have no further concerns . Chief Merry was asked to monitor the situation often and he agreed to this arrangement. Police Chief Merry requested that the Board appoint Christopher Ramasden as a lifeguard to serve for the remainder of the swimming season. The Board unanimously granted his request. A letter of resignation was received from Christine Spillane, who serves on the Planning Board. The Board unanimously accepted her resignation with regret. Animal Control Officer Richard N. Cunningham was present, and once again his three year appointment was discussed. Mr. Cunningham said that he was not satisfied with the way an agreement was drawn up for him to sign, as he did not like the last paragraph which read, "Further, I agree to resign the position if at any time I am unable to perform the duties of the position because of poor health or physical incapacity as determined by the Board of Selectmen. " Mr. Cunningham said that he thought a doctor should be the one to decide whether or not he was incapacitated. The Board said that they did not mean that they would make any physical diagnosis. Mr. Cunningham was asked if he would feel better if he did not sign an agreement and Mr. Cunningham said that he would prefer it that way. He made mention of the fact that at a previous meeting when he first asked about the three year appointment, his age was brought up, and he felt that this was a case of discrimina- tion. The Chairman said that he would publicly apologize for this and hoped that the other two Selectmen would join him in the apology. The Board unanimously agreed that his age shouldn' t have been discussed, and relying upon Mr. Cunningham' s statement that he would resign from his position if diagnosed by a physician that he was not physically able to do that job, and also, upon change in residence he will build and main- tain at his expense, an animal shelter, meeting all legal requirements, Selectmen' s Meeting (Continued) August 11, 1987 the Board unanimously granted him the three year appointment. The meeting adjourned at 8 :30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN"S MEETING AUGUST 25, 1987 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: August 4th, 1987 W5 32, 575 . 26 P6 16, 466 . 74 RS5 1 , 592 . 50 August 11, 1987 RS6 457 . 50 G2 (COA) 105 . 00 GP2 3 , 500 . 00 W6 236, 099 . 11 P7 26, 286 . 41 The attached by-laws that were voted by the town at the annual town meeting, April 21 , 1987 , have been approved by the Attorney General These by-laws refer to junk and car disposal . ARTICLE 35 . To see if the town will vote to repeal Section 2 and 3 of the Junk & Car Disposal By-Law and accept the following as a By-Law of the Town of Newbury. ` JUNK CAR BY-LAW Section 1 . No person shall leave any partially dismantled non-operating, wrecked, junked or unregistered motor vehicle on any publicly maintained way within the Town. Section 2 . No person in charge or in control of any property within the Town, whether as owner, tenant, occupant, lessee, or otherwise, shall allow more than one operative unregistered motor vehicle to remain on such property, except as provided in Section 3 and 5 of this By-Law. Section 3 . The Board of Selectmen may issue a permit to keep, store, or allow more than one such motor vehicle to remain on such property. Section 4 . Each such permit shall (1) specify the maximum number of such motor vehicles that may be kept, stored or allowed to remain on such property, and (2) be limited to a reasonable period of time not exceeding two years and (3) be a personal privilege of the applicant and not a grant attached to and running with the land. Section 5 . This By-Law shall not apply with regard to a motor vehicle in an enclosed building; a motor vehicle on the property of a farming or business enterprise operated in a lawful place and manner when necessary to the operation of such enterprise; or a motor vehicle in an appropriate storage place depository maintained in a lawful place and manner by the Town. Section 6 . Such permits or conditions granted may be revoked at the pleasure of the Board of Selectmen for any non-compliance of regulations or conditions of said permits and persons in violation may be punished Selectmen' s Meeting (Continued) August 25, 1987 by a fine not to exceed fifty ($50 . 00) dollars for each offense. Each day that such violation continues shall constitute a separate offense. ARTICLE 42 . To see if the Town will vote to amend its Police Powers, Rules and Regulations by-Law by adding under Article III a new Section 12 . Section 12 . No person shall use, or park any vehicle on the Town Boat Ramp or the surrounding park area without the permission of the Board of Selectmen. Visual permits will be issued to qualified users. ARTICLE 43 . To see if the Town will vote to amend Section 1, of Article 1V of its Police Powers, Rules and Regulation By-Law by changing fifty dollars ($50 . 00) to read one hundred dollars ($100 . 00) . This section will now read: Section 1 . Whoever violates any of the sections under Article III of these By-Laws shall be punished by a fine not exceeding One Hundred Dollars ($100 . 00) for each offense. JUNK BY-LAW Section 1 . No person shall store or place, or permit to be stored or placed, on premises which he owns, leases or occupies, any debris, junk, scrap metals or other waste materials or products , which in the opinion of the Board of Selectmen shall be considered detrimental to the public safety, health and good unless the same shall be within a building or area unexposed to the view of the public and abuttors . Section 2 . Persons in violation may be punished by a fine not to exceed fifty ($50 . 00) dollars for each offense. Each day that such violation continues shall constitute a separate. offense. 91 11 11 11 91 11 11 91 11 11 11 11 11 By a unanimous decision of the board any complaints shall be addressed to the Selectmen in writing. The Selectmen will then go and view the location, form their opinion and make a decision and the proper detail is shown in Section 3 , 4 and 5 of the By-Laws (as written above. ) The Board was in agreement that anyone .who does have a complaint should first contact their neighbors and try to work things out before sending their written complaint to the Board. Mr. Wayne Fish was present and addressed the Board with a complaint against Mr. Gino Bruzzese, owner of G & G Service Station, 17 Central Street, Byfield. He stated that Bruzzese stays open all hours until late in the evening creating all kinds of noise working on cars and in his opinion he is using the property as a junk yard that has long been an eyesore and safety hazard to the neighborhood. Mr. Bruzzese will be asked by the Selectmen to attend the next meeting so that the problems may be addressed. Ruth Alexander of Rowley attended the meeting and addressed the Board regarding a joint marsh protection program between Newbury, Rowley and Ipswich. She asked the Selectmen if they would sign a petition to the Center for Rural Massachusetts, asking officials there to -9tudy_"the Selectmen' s Meeting (Continued) August 25, 1987 marshes of the three towns. She added "They are very interested in our area, partially because it is a regional effort. But the University of Massachusetts, of which the Center is part of, has a limited amount of funds for the project, so the towns have to act quickly. " She said that through the program, experts would study the marshes and make suggestions for protective zoning by-laws for the areas bordering the wetlands. Selectman Alan Adams said that the marshes are already protected and he did not see any reason to join the program, but he did agree to study the materials and contact Mrs. Alexander when a decision is made. Selectman Adams added that "Between the Federal Government and the State, in the Town of Newbury, there isn' t a handful of land that isn' t protected. I think that the Selectmen, the Conservation Commission and the Planning Board are doing the job. For 350 years we 've been doing a pretty good job of protecting the marshes and the Parker River. " Mrs. Alexander said that in her opinion the town officials lack the insight and resources to understand how to best protect the marshes. Mrs. Dorothea B. Crowley, Assistant Assessor/Appraiser has resigned from that position and will, as of August 1, 1987 , be a self employed consultant/contractor to the Board of Assessors. The Board unanimously accepted the resignation. The Craft Fair and other festivities, planning for the Labor Day week-end were discussed at length. The traffic problem was discussed with Chief Merry who appeared to have everything pretty much under control . It was brought to the attention of the Board that one of the planned features might be helicopter rides . The Board was unani- mously against the rides stating that they felt it could prove to be disastrous. They said that the Massachusetts Aeronautical Commission would have to check into how many take-offs and landings there would be. They would have to come down and inspect the area and issue a permit, and all in all it was just too much for the Town to handle. The meeting adjourned at 8 :30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING September 8, 1987 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. . The following warrants were signed by the Selectmen: August 18, 1987 W7 21 , 609 . 47 P8 16, 847 . 42 RS7 1, 487 . 50 August 25, 1987 W8 24, 914 . 72 P9 27 , 274 . 00 RS8 8, 751 . 67 G3 600 . 00 Paul Daubitz who lives at 12 Annapolis Way, Plum Island was present at the meeting. He addressed the Selectmen, and presented them with a petition signed by ten residents of the Annapolis Way area, requesting "that no parking lots be allowed on Annapolis Way. " The petition further stated that "the street is a dead end, and there are often children playing nearby and the increased traffic is undesirable. Further, a parking lot business adversely affects our property values, so will you please enforce town by-laws and if requested, do not issue a permit for a parking business on Lot 188 . " Mr. Daubitz stated that Building Inspector David Caldwell has checked into the situation, and apparently there is no permit issued for any lot on Annapolis Way. Mr. Daubitz stated that he was hoping that the Selectmen will enforce the laws with reference to parking and maintaining Annapolis Way. Selectman Adams asked Mr. Daubitz if he (referring to Michael Villane) has two lots . Mr. Daubitz answered "Yes, he has his house on one and one is a parking lot across the way from the Beachcomber. " Selectman Adams then asked that it be entered into-the records that we should monitor the situation at this time next year so that the same thing will not happen again. Mr. Caldwell said that he did check into it, and found that there were approximately eight to ten cars on Annapolis Way. Selectman Tevald said that whereas the season is over, he thought the best thing to do is to look into it next year and if it is a situation where a permit is lacking, "that' s the time that we should do something about it. " Chairman Machiros said that the Board will have a conversa- tion with Mr. Villane before next season, adding, "Is he actually parking in back of where you live?" Mr. Daubitz answered, "Yes, that' s right. " Mr. and Mrs. Melville Pratt and their lawyer, Timothy Perkins were present at the meeting. Mr. Perkins addressed the Board and stated that they were at this meeting to complain that the Pratts have been hindered (due to the Planning Board' s objections) from doing anything with their property on Low Street. Attorney Perkins stated that the Planning Board had until September 2nd to file a decision, but they didn' t file until September 3rd. He asked that whereas the time had expired, should, or could the Clerk issue a certificate of non-compliance so that the Pratts could get on with their plans . The Board was of the opinion that the decision was received by the Clerk the day following the meeting of the Planning Board only because their meeting let out at 11 :30 p.m. and the Clerk' s office was closed at that time. After a lengthy discussion Selectmen' s Meeting (Continued) September 8, 1987 between the Pratts Attorney, the Pratts themselves, some of the members of the Planning Board and the Selectmen, the Board came to the unanimous decision that the Planning Board had their full support, and if the Selectmen could be of any help, they would be glad to offer assistance at any meeting the Planning Board wished to set up. A letter of request was received from Atty. Joseph Faro, regarding the regulation recently adopted relative to hawkers, peddlers and vendors . Atty. Faro represents Robert Kimball, d/b/a Mr. K' s, 402 Elm St. , Salisbury, Mass. and is requesting that the Board waive the regulation inasmuch as the 300 foot requirement works a severe hardship on Mr. Kimball ' s business and makes it virtually impossible for him to sell in the Plum Island Area. By a unanimous vote of the Board, the request for a waiver was denied. Mr. Wayne Fish was present regarding his complaints against G & G Service Station in Byfield. Mr. Bruzzese, owner of the Station was also present. After complaints were aired by both parties, the Building Inspector was asked for his comments, and he stated that in his opinion there were other problems concerning the neighborhood. He stated also that he had not talked to the owner of the station as yet, but he would talk with him in the near future and address the various problems with a view to solving them. The Board unanimously agreedi.to take the matter under advisement and have Mr. Caldwell talk with Mr. Bruzzese and come back with a report at the next meeting. A letter was received and read from John Fillio, Refuge Manager, requesting permission to change the current sign which is located just before the intersection of the Plum Island Turnpike and Sunset Boulevard (Crossroads) . The additional information will be the standard "U. S. Fee Area" symbol and lettering. The Board granted their unanimous permission. It was the decision of the Board that Fall perks will be performed this year only until further notice. It was brought to the attention of the Board that there are two vacancies on the Planning Board of Appeals . The matter will be looked into and the vacancies will be filled in the near future. The meeting adjourned at 10 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING SEPTEMBER 22, 1987 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: September 1 , 1987 W9 27 , 900 . 93 P10 17 , 885 . 13 RS9 1 , 480 . 00 WC2 (COA) 1 , 470 . 80 September 8, 1987 W2 (Law Enforce. ) 28 . 50 W10 21, 760 . 00 GW (COA) 25 . 00 P11 58, 049 . 99 GP-W3 1, 131 . 82 RS10 187 . 50 September 15, 1987 W11 27 , 153 . 41 P12 17 , 832 . 83 RS11 13 , 010 . 50 Selectmen' s Meeting (Continued) September 22, 1987 A meeting will be held October 8th at 7 :30 p.m. to discuss the subject of perk tests . The following letter was received and read from Mr. Richard J. Passeri: Board of Selectmen September 22, 1987 Town of Newbury Town Hall Newbury, Mass. , 01951 To Members of the Board: It is my understanding that the Board will soon consider the appointment of individuals to the School Building Committee. Having been the Chairman of the School Needs Committee, I respect- fully request that you consider appointing the members of that committee to the Building Committee. By so doing, you will insure continuity from one committee to the other. The obvious advantage will be that the Building Committee can move forward without back tracking last year' s efforts. Given the annual uncertainty of funding for the State Building Assistance Program, the Town should have every advantage possible. Be advised that I have not discussed continued involvement with any members of the Needs Committee since we last met in the Spring. At that time, Whit Kimball, Karen (Kelley) Boxell, Phil Fogg, and Louise Healey all indicated a willingness to continue. Further be advised that I am willing to continue with this effort if you so desire. Since the Building Committee will be dealing with various options including building, it would be advantageous to appoint at least one individual with a background in construction. Thanking you in advance for your consideration of this request. I am available to meet with you at your convenience. s/ Richard J. Passeri Chairman Machiros stated that he wanted to go on record as voting for the slate as presented by Mr. Passeri, but to add the name of John Clemenzi as a construction expert as was recommended by Mr. Passeri in his letter. At that time, John Salter presented a . slate containing the following names : Whit Kimball, Phil Fogg, Karen Kelley, Dick Passeri, John Clemenzi, Joseph Tevald, Geraldine Reed. Selectman Adams made a motion to accept this list as presented and Selectman Tevald seconded the motion. Chairman Machiros stated that if it was agreeable with his two colleagues, he would like to serve as an alternate member on the committee and this request was granted. A letter . of request was received from Newbury Cub Scout Pack 44 asking permission to plant a tree on the Green this Spring. Selectman agreed that planting a tree was a good idea but they will give direction as to where it should be located. A dog complaint was received from Kevin Hunt, 14 Tenth Street Plum Island. The complaint will be turned over to Richard Cunningham, Animal Control Officer. A police report was received and read concerning a complaint involving a dog owned by Everett Davis, 5 Moody Street, Byfield. The report was accepted and will be put on file for future reference if necessary. The meeting adjourned at 8 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING OCTOBER 13, 1987 The Selectmen' s Meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: September 22, 1987 GP4 10, 184 . 70 W12 43 , 890 . 24 RS12 452 . 50 September 29, 1987 RS13 1 , 877 . 50 GW5 3 , 009 . 15 P14 13 , 955 . 11 W13 80, 656 . 35 The following memo regarding percolation tests was received and read by the Chairman. It was unanimously agreed to enter the memo into the records. To the Board of Health: In reply to the complaints regarding percolation tests in this Town, please be advised of the following facts . Out of 800 tests witnessed by your Agent, 693 were under 20 minutes; 67 were over 19 minutes and there were 40 refusals . The tests of over 19 minutes per inch amount to less than 9% of all tests taken which is the reason that I have not recommended a change in the rate in effect at this time. The figures quoted are backed by the records on file. s/ James A. Lowe, Agent Newbury Board of Health The Board was saddened to report the sudden death of Mrs. Robert (Helen) Field. She will be sorely missed as she was always lending a helping hand everywhere she went. Her untimely death is a great loss to the town. The Board received a request from the Friends of the Library to use the Byfield Town Hall on Thursday evening, December 3rd for an antique demonstration and sale as a fund raiser. Permission was unanimously granted by the Board. Another request for permission to use the Byfield Town Hall was received from the Newbury Garden Club. They wish to use the Hall for their monthly meeting on November loth from 10 :30 a.m. until about 2 : OO p.m. Permission was unanimously granted by the Board. Both of the requests were granted with the stipulation that Mr. Robert Field be contacted to make arrangements to have the hall open at the time they wish to' use it. It will be suggested that they wait for two weeks or so as Mr. Field is in bereavement at this time. The meeting adjourned at 8 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING OCTOBER 27 , 1987 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: October 6, 1987 W14 33 ,738 . 41 P15 54, 742 . 91 RS14 9, 469 . 17 COA 1 , 379 . 80 GP5 3 , 440 . 82 October 13 , 1987 W15 51 , 764 . 48 G6 (COA) 25 . 00 P16 16, 395 . 00 RS15 1 , 500 . 00 W3 28 . 50 October 20, 1987 W16 11 , 981 . 19 P17 56, 228 . 70 RS16 517 . 50 GP6 3 , 440 . 82 After careful consideration, the Board unanimously appointed Scott Ackerly to fill the vacancy caused by the resignation of Christine Spillane on the Planning Board. Mr. Bruce N. VanFleet, president of Offshore Concepts Corp. , d/b/a U.S. #1 Auto/Marine has applied for a license to buy, sell, exchange or assemble second hand motor vehicles or parts thereof at 84 Newburyport Turnpike. - The application was taken under advisement by the Board and Mr. VanFleet will be invited to attend the next Selectmen' s meeting, November loth, so that the matter may be discussed before any decision is made. Chief Merry reported that he had spoken with the Harbormaster, Ed Sternfelt, and Mr. Sternfelt said that a week from tomorrow (Nov. 4th) the floats will be coming out of the water. It was suggested by Selectman Adams that the Harbor Commissioners be asked to attend the next meeting just to be sure that everything is running smoothly, and any problems that the Harbor Commissioners may have can be discussed with the Board. This way the Board can keep abreast of what is going on with the Harbor Commissioners at all times. A request was received from Newburyport Figure Skating Club to hold a tag day in the Town of Newbury on November 21st. It will involve having two girls in the front of the Country Store and Doyle ' s Pharmacy. Both -store owners have given their permission, according to Walt Houghton who represents the Figure Skating Club. The request was 'un- animously granted by the Board. The Girl Scouts have asked permission to plant a tree on the Green. The Selectmen agreed that this may be done. The tree will be planted Selectmen' s Meeting (Continued) October 27 , 1987 where the Boy Scouts planted a tree some time ago but has been removed because the tree failed to grow._ - At 8 : 00 p.m. bids for road materials were scheduled to be opened, however, there was only one bid received. As a result, the Board unanimously voted to re-advertise and ask the lone bidder, George Brox, to resubmit his bid. The bids will be scheduled to be opened at the next Selectmen's meeting, November loth, at 8 : 00 p.m. This action was taken as a result of the following motion: "The Board of Selectmen feel that there is no comparison, and therefore we must re-advertise the bids. " The meeting adjourned at 8 : 10 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING NOVEMBER 10, 1987 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: October 27 , 1987 W17 117 , 365 . 48 G7 3 , 890 . 24 P18 18, 508 . 67 RS17 1 , 907 . 06 November 3 , 1987 W18 23 , 237 . 28 P19 56, 895 . 89 RS18 1 , 012 . 50 GP7 3 , 440 . 82 G4 (COA) 1, 996 . 20 The Harbor Commissioners were present for the purpose of discussing . any problems that may have occurred during this past summer, and also for the purpose of discussing users ' fees, regulations, whether or not the old boat should be repaired or a new one should be purchased. The Commissioners seemed to be of the opinion that if users ' fees are collected, they should be directed to the River use and should not be used for any other reason. They felt that a good way to use the money will be to spend it for safety on the river. Ronald Filmore said that he felt that $20 . 00 for a mooring permit was a lot of money for people who are just tied up to a slip. At a future meeting these subjects will be discussed again and the Commissioners will hopefully come up with some answers that will be agreeable with the Board as well as themselves . Selectman Adams said that some thought should be given to getting a boat for the Harbormaster. He added that all last summer we were waiting for the old one to be repaired. Mr. Thurlow said that he was in agreement, however, Mr. Publicover and a few others thought that the old one should be repaired. The subject of laws for the river use was brought up and Mr. Filmore said that he felt that laws are made but there is no way of controlling them, or enforcing them. "There just is no one and the Harbormaster is always away and the Assistants are trying to do the best they can. Someone should have control over things Selectmen' s Meeting (Continued) November 10, 1987 that go wrong, but there is no one on duty. " Peter Courtney said that the Harbormaster' s Rules and Regulations seemed to be taken from big city rules and regulations and he didn' t think that would work well in a small town like Newbury. Selectman Adams said "I think you people-. --"-,.-: should get together and put together a list of regulations and then let us review them. Not just Ed Sternfelt, but all of you should contribute your ideas as Harbor Committee members. A boat marked' Harbormaster or Harbor Police is what we should have, and hopefully we can get a boat this year for around $10, 000 . 00 . " Chief Merry said that he is an Assistant Harbormaster, and as such, he added, "I think we should all work together and work out any problems that might arise. " Selectman Adams said that if within the next 60 days or so if the Commissioners could have a meeting and come up with something in the positive nature there would be plenty of time to take care of it in case a by-law is necessary for the town' s people to vote on. Chairman Machiros said that it is his opinion that over regulation is not what we need in Newbury, but we do need law and order. Selectman Tevald said that in his opinion within the .next two weeks there should be another meeting of the Harbor Commis- sioners. There was no opposition to this. At 8 : 00 p.m. , bids for road materials were opened. Bids were received from The Middlesex Corporation, Trimount Bituminous Products, H i w a pav Inc George Brox, Inc./ arrvd nu New� q-y Tru.cking Service, Inc. After the bids were read, the Board asked Highway Superintendent, Philip Osgood to look them over and give his recommendations . Mr. Osgood did this and stated that after careful consideration, he would recommend that the bids for bituminous concrete should go to Middlesex Corportion and he asked that the Trimount and Brox bids be kept open and he would go to their plants to pick up materials as they were needed. Newbury Trucking was awarded the sand and gravel bids . Materials that were not bid on but were advertised, will be advertised again and the bids will be opened the evening of December 8th at 8 : 00 p.m. The meeting adjourned at 8 : 50 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING NOVEMBER 24, 1987 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: November 10 , 1987 W19 29, 926 . 54 P20 18, 225 . 27 RS19 9, 569 . 17 WT4 28 . 50 November 17 , 1987 W20 28, 932 . 13 P21 58, 660 . 07 RS20 187 . 50 GP8 3 600-'82 George Guy, Christopher Monaco and Kenneth Tache were present Selectmen' s Meeting (Continued) November 24, 1987 at the meeting with a request that the Board consider improving the condition of Plummer' s Lane. They complained that the road is virtually impassable, and in their opinion they are going to have a problem selling homes that they recently built. They said that potential buyers for the homes will certainly be turned off when they find that they cannot use the road in its present condition. Mr. Tache told the board that the road in his opinion is impassable and added that it is unplowable, no street lights, and he said he felt that an ambulance or a fire truck could never get through. The Board was sympathetic, but reminded the three men that there were never any promises made to them that the town would stand the expense of fixing the road so that they could build and sell houses in an area where they knew the road was in terrible condition in the first place. The Board informed them that the Town just doesn' t have the money to fix up every road in town, and there are several that need repair that local residents have lived on for years and they too have to be patient. The Board added that they will do the best they can but the men should not expect too much. The following appointments were made: Historic Commission- Paula Newton, regular member and Robert Chick associate member. School Building Committee - Joan Weyburn; Zoning Board of Appeals - Evelyn Noyes Rettkowski - Associate Member; Conservation Commission- Charles Powers, regular member; Reserve Police Officer - Janet Brewster - (One year appointment with one year probation) ; Fulltime Dispatcher - Thomas White (One year appointment with 6 months probation) ; Part-time Dispatcher - Matron - Sallie Zinck (One year appointment with °one year probation) . Assistant Town Clerk: Ralph P. Lowell . At 8 : 00 p.m. a public hearing was held on petition of New England Telephone & Telegraph Company and Massachusetts Electric Company, Petition #610 dated October 9, 1987 , to re-locate one pole 104/2, 186 ' West of the intersection of 6th Street and Northern Boulevard. This is adjacent to property owned by Bruce Picard, Sr. Mr. Picard was present and addressed the Board. He said, "I want to change my service before the pole is moved across the street" , and with that stipulation, I am in favor of the pole being moved. " A representative of the utility company was present and spoke in favor and gave his assurance that Mr. Picard would certainly be able to change his service before the pole is moved across the street. The hearing was closed and the matter_ was taken under advisement. The hearing, resumed and the Board granted their unanimous permission with the stipulation so stated. It was noted that in accordance with Chapter 369, Acts of 1982, Section 1 , a public hearing will be held on November 30th at 7 : 30 p.m. for the determination ,of the percentage of the tax levy to be borne by each class of real property for fiscal year 1988 . At 8 :30 p.m. Chairman Machiros asked if there was any further town business to come before the Board this evening. No one in the audience had any further town business to discuss and Chairman Machiros then asked for a motion to go into Executive Session, to Selectmen' s Meeting (Continued) November 24, 1987 discuss strategy with respect to collective bargaining. Selectman Adams made the motion that the Board go into Executive Session to discuss strategy with respect to collective bargaining with Police Chief Merry and Deputy Chief Avelis. By a roll call vote, Selectman Tevald seconded the motion and Chairman Machiros made it unanimous, and stated that the Board would not reconvene after the Executive Session. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING November 30, 1987 In accordance with Chapter 369 Acts of 1982, Section 1 , a public hearing was held on the determination of the percentage of the tax levy to be borne by each class of real property for fiscal year 1988 . After a discussion with Assessor' s Chairman, Worthen Taylor and Assessor Laurent Gravelle, who recommended that the Board set a single tax rate .for all categories of property in the town for fiscal year 1988 . The new rate which will show a slight increase from the present rate of $11 . 50 per thousand should be publicly released by the end of the week according to Mr. Taylor. He went on to say that the assessors declined to set a dual rate because the town' s industrial base - .only 3 . 4 percent of the property - isn' t large enough to compensate for a drop in residential tax rates . He also said, "If we increased the commercial rate by $6 . 50 per thousand, the residential rate would drop by less than one percent per thousand. Chairman Machiros said that if all that is gained is one cent, it would not be worth the amount of work involved. The Selectmen voted unanimously in favor of the single tax rate. The meeting adjourned at 8 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING DECEMBER 8, 1987 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by- the Selectmen: November 24 , 1987 W21 165, 115 . 88 P22 19, 741 . 99 R21 292 . 50 GW8 4, 071 . 27 December 1 , 1987 P23 74, 171 . 41 GP9 3 , 615 . 82 W22 128, 635 . 82 RS22 337 . 50 Mr. Stephen J. Bandoian was present and addressed the Board requesting a Class II Auto Dealers License. He was asked several questions by the Board. He said that he planned to have 15-25 cars for sale at a time. Some will be inside and some will be on the lot. He said if any of the cars need to be repaired, he will see that it is done elsewhere as he is not in the business of repairing cars, only selling them. The Board asked if he would consider limiting the amount of cars to 15 and he said that his lot was too big and he really would prefer to have 25 . The Board asked if 20 would be agreeable, and Mr. Bandoian said "yes, he would go along with the 20 figure. The Board passed a unanimous motion to grant him the license on the condition that a letter is written to the Board and the Building Inspector saying that he understands that the lot may be used for sales only, and that there is a limit of 20 cars at this time. Also that he understands that the repairing of cars is not a permitted use on that lot and any repairs that have to be done will be done at another location. Mr. Bandoian agreed to do this and the matter will be taken up again on December 22nd the next Selectmen' s meeting. Regarding license fees, the Town Clerk brought to the Board' s �s attention that it her recommendation that license fees be raised to bring them in line with other towns in the area. She recommended that Class #1 Licenses (New Cars) should be $100 . 00 ; Class II (Used Cars) should be $75 . 00, and Class III (Junk Cars) should be $100 . 00 . The Board accepted the Clerk' s recommendation and unanimously voted to increase the present fees as stated (Effective January lst) . Mr. and Mrs . - Paul DeStefano, owners of the Beachcomber Restaurant at Plum Island were present. They have been denied a liquor license renewal because they missed the town' s deadline to reapply for a liquor license. Mr. DeStefano stated that he never received any request for the affidavit from the Town Clerk, however, the Clerk said that she sent it out to him. Mr. DeStefano said that he had spoken to a State Official who said that he would waive the re- application requirement if the Selectmen approve. Chairman Machiros said that the Board would do so if the State Official sends a letter saying such action would be legal . Mr. DeStefano said that he would pick up the letter from Boston today. Selectmen' s Meeting (Continued) December 8, 1987 At 8 : 00 p.m. bids for road materials were opened. Bids were received from Barco, Inc. and Penn Culvert Company. Upon a unanimous vote of the Board, the bids were taken under advisement and the Highway Supt. was asked for his recommendation. A letter was received from Daniel P. Gaynor, d/b/a Surfcaster' s Galley, 2 Northern Boulevard, Plum Island, regarding recent allega- tions and complaints made against him by his abutter Mr. L. Donald Phillips. The letter was read by Selectman Adams:°and by a unanimous vote of the Board, it was accepted as read. The matter will be directed to the Board of Health Agent James A. Lowe, and we will request a letter of response from him. The letter is on file in the Selectmen' s Office. Upon Chief Merry' s recommendation and after careful consideration the Board unanimously appointed Richard Heath as a full time police dispatcher. . A motion was unanimously passed to re-open the matter concern- ing the Road Material bids . Upon the recommendation of Highway Supt. Philip Osgood, bids were awarded to both Penn Culvertand Barco, Inc. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING DECEMBER 10, 1987 The Selectmen met a 8 : 00 p.m. Chairman Machiros and Selectmen Adams and Tevald were present. Chairman Machiros opened the meeting. The first business to come before the Board was the matter of the Seabrook Evacuation Plan. The Attorney General is asking for the participation of the Communities within the emergency planning zone to join with him in filing a lawsuit against the joint owners of Seabrook Station. By a unanimous decision the Board voted to join the Attorney General in litigation regarding the Seabrook Power Plant, as that would mean less cost to the Community and would also mean a much stronger case for the Attorney General . Chairman Machiros stated that if there was no other business to come before the Board he would entertain a motion to go into Executive Session with respect to litigation with Byfield Snuff. By a roll call vote, Selectman Adams seconded the motion and Selectman Tevald made it unanimous . Chairman Machiros stated that the Board would not reconvene after the executive session. Respectfully submitted, Doris Hodge, Secretary f SELECTMEN' S MEETING DECEMBER 22, 1987 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: December 8, 1987 W23 42, 606 . 06 P24 26, 948 . 11 RS23 244 . 25 W5 (Sp. Rev. ) 1 , 408 . 30 December 15., 1987 WP25 58, 509 . 05 RS24 8, 594 . 17 WG9 (COA) 85 . 82 GP10 3 , 625 . 82 A letter was received from Stephen J. Bandoian, regarding the Class II License for Offshore Concepts Corp. , 84 Newburyport Turnpike in Newbury. The letter assured the Board that the lot shall be used for sales only on a limit of twenty used cars . Also, that there will be no repairs done at that location. With that assurance, the Selectmen unanimously granted the license, and a motion was unanimously passed to enter the letter into the minutes . Richard Passeri and Whit Kimball were present with reference to the School Building Committee of which they are members . Selectman Tevald is also a member of the Committee. Mr. Passeri, in a letter addressed to the Board, stated that the Committee. has been meeting on a regular basis and they have set the selection of a consultant as their first objective. Out of eleven proposals, the choice was narrowed to three - recommended by the Committee- Drummey Rosane Anderson, Inc. , A. Anthony Tappe & Associates, Inc. , and Todd Lee/FR Clark Associates, Inc. The Board was in complete agreement that Mr. Passeri and his committee are doing a great job so far, and at this point, Selectman Tevald made a motion that the .Board of Selectmen give the School Building Committee authority to make decisions without first consulting with the Board of Selectmen, only as a way to save time all around, but with the stipulation that the Selectmen will be made aware of all decisions so that they can keep abreast of all activities . The Board unanimously voted to accept Selectman Tevald' s recommendation and the motion was passed. The Board also voted unanimously to accept the School Building Committee ' s recommendation of the three afore- mentioned consultants and the Committee was given the unanimous approval of the Board to enter into the necessary agreements when the final selection is made for a consultant. A letter was received and read from Board of Health Agent James A. Lowe, regarding the complaint by L. Donald Phillips against Daniel Gaynor, owner of Surfcaster' s Galley. Mr. Lowe stated in his letter that Mr. Gaynor had called him the day before Phillips ' complaint, to report that his water system was frozen, and requested permission to repair it, which Mr. Lowe granted. On inspection, Mr. Lowe stated that he found that Mr. Gaynor had repaired his system, nothing more. (Mr. Phillips complained that Mr. Gaynor was relocating his well . ) The Chairman announced that a check has been received from the State for Disaster Relief (Plum Island Clean-Up) in the sum of $34, 374 . 00 . It was noted that. the check arrived on December 8th and was deposited directly into the Bank. Selectmen' s Meeting (Continued) December 22, 1987 A letter of complaint was received from Mrs. Sylvia Warner, 4 Davoli Way, Plum Island, Newbury. mrs. Warner also attended the meeting. In addressing the Board she complained that her neighbor Wayne Goodwin, 78 Old Point Road, has a wood burning stove, and the smoke from her chimney fills her house with smoke. She asked if the Board could advise her about the situation as she feels that the chimney is too close to her property and she would say that it was about twenty feet away. A motion was unanimously passed that the Building Inspector shall go down and make an investigation and report back to the Board at our next meeting. The Harbor Commission will attend the next Selectmen' s meeting and any problems that the Commission members wish to discuss will be heard at that time. The meeting adjourned at 9 :00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING January 12, 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: December 22, 1987 W25 65, 450 . 66 WG10 2,625 . 32 P26 17 , 071 . 59 RS25 8, 699 . 17 December 29, 1987 WP27 37 , 930 . 03 RS26 187 . 50 Gll (COA) 249 . 83 GPll 22, 101 . 82 Mr. Wayne Goodwin, who resides on Old Point Road, Plum Island, attended the meeting, with reference to the recent smoke complaint of his neighbor, Sylvia Warner. Mr. Goodwin said that he burns wood in his stove and uses it for heat as well as cooking. He added that when it is windy outside, the smoke from his chimney will blow toward Mrs. Warner' s home but he did not feel that it was the fault of the chimney height, he just couldn' t control the way the wind blew. Investigations have been made by the Building Department and it was established that the distance between the two houses in question was at least 50 feet. The Board discussed the situation to some extent and felt that the problem was being caused by the way the wind was blowing at the time, and there was no way to stop the smoke from drifting toward Mrs . Warner' s property. In other business Richard Passeri, Chairman of the School Building Committee was present at the meeting. Upon Mr. Passeri ' s recommendation, the Board unanimously gave the Committee permission to enter into a contract with Drummey, Rosane, Anderson, Inc. , a school evaluation consultant. Mr. Passeri said that for $40, 000 . 00 the Newton Center Selectmen' s Meeting (Continued) January 1.2 , 1988 Firm will evaluate school activities, and assist in development of long-term programs and their space needs. The Firm will also evaluate the expansion of facilities or the construction of a new school . Mr. Passeri said that the Town Meeting had authorized the expenditure of $50, 000 . 00, and the remainder would be used for contingency expenses, including the printing of informational booklets for residents . Mr. Passeri said that he estimated that it would take three to six months to complete the project. He said that he will prepare a contract this week for Town Counsel ' s review. The Committee will begin preliminary meetings with the design consultants this week. The Harbor Commission attended the meeting and discussed with Harbormaster Edwin Sternfelt and the other Commission members the subject of either repairing the boat the town now owns or to purchase a new one. It was suggested and agreed upon that the Harbor Commissioners will bring in their recommendations as well as definite figures to the next meeting so that the Board may act as quickly as possible in making a final decision one way or another. The subject of the removal of the Siren Poles in the town was brought up for discussion. Public Service of New Hampshire, in a recent communication to the Board made the following offer. "Because we believe that the sirens could continue to provide local Civil Defense authorities with an effective means of notifying residents of emergencies not related to Seabrook, we are extending to the Town of Newbury the following offer: New Hampshire Yankee will give the sirens and poles to the Town of Newbury. " The Board unanimously denied the offer and will instruct Town Counsel to advise as to the correct procedure in advertizing for bids for the removal of seven poles with its related Sirens and removal of Poles only. Including delivery of poles, and/or sirens to Public Service Company of New Hampshire Seabrook Station by January 31 , 1988 . Bids will be publicly opened at the next selectmen' s meeting January 26th at 7 :30 p.m. At the next meeting, the subject of the proposed transfer of the Cable Television License from American Cablesystems Corporation to Continental Cablevision, Inc. will be discussed. A letter or resignation was received from James Stone, who was a member of the Historical Commission. The resignation was accepted by the Board with regret. A second letter of resignation was received from Raymond E. Mills, who was a member of the Personnel Board.. The resignation was accepted by the Board with regret. At 8 :30 p.m. Chairman Machiros asked if there was any further town business to come before the Board this evening. No one in the audience had any further business to discuss. Chairman Machiros then asked for a motion to go into Executive Session with respect to litigation with the Police Department. Selectman Adams made the motion and by a roll call vote, Selectman Tevald seconded the motion and Chairman Machiros made it unanimous and stated that the Board would not reconvene after the Executive Session. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JANUARY 26, 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectman Joseph S. Tevald was present. Selectman Alan I . Adams was not present. The following warrants were signed by the Selectmen: January 5th W27 148, 267 .75 P28 15, 469 . 30 RS27 187 . 50 SR6 1 , 379 . 80 January 12th RS28 201 . 00 GP12 3 , 475 . 82 WP29 63 , 886 . 64 Vendor W28 37 , 364 . 85 GW12 (COA) 25 . 00 The Warner-Goodwin smoke problem was again addressed. Bldg. Inspector David S. Caldwell stated to the Board that since December 31st, the Building Department was visited the site of Mr. Goodwin at least 4 times at the corner of Davoli Way and Old Point Road, and observed the smoke. Mr. Caldwell said that he would make a final recommendation: That Mr. Goodwin add at least one length to make the total height of the chimney in compliance with the State Building Code which requires a minimum of three feet above the peak of the roof. The Harbor Commission once again attended the meeting, together with the Harbormaster Edwin Sternfelt. The Chairman stated to the commission that in order to save a lot of time, he asked if they were prepared to present the Board with their recommendation and were they also prepared to present definite figures to go with their recommenda- tions. The Commission was in favor of getting a new boat and the one that they had in mind, at a cost of $16, 000 . 00, could be added onto if there was additional equipment that they desired in the future. They said that they felt that the current boat that the town has could be sold at an approximate figure of $2, 000 . 00 so the new boat would be $14, 000 . 00, instead of $16, 000 . 00 . Their second recommendation would be to have the present boat repaired at an approximate cost of $8, 000 . 00 . That would be repairing the trailer, put in a new transcom, new seals consoles and also included in that figure is $1, 000 to professionally paint the boat. The Harbor Commission said that they will be bringing in a set of specs in the very near future so that we can perhaps address the subject again at the next Selectmen' s meeting. At this point, Mrs . Sylvia Warner came into the Hall and addressed the Board about the smoke problem she is having with Wayne Goodwin' s chimney. She said that she felt that every department in the town has shirked their duty and nothing has been done to alleviate what she feels is a very serious health problem. Chairman Machiros said that he personally went to the site after Mrs . Warner had called him and requested the same. He added that he had talked .with all of the department heads involved. He said that Mr. Goodwin had complied with rules and regulations and it was the feeling of all the departments that it just was impossible to control the way the wind carried the smoke away from Mr. Goodwin' s chimney. She was advised that Mr. Caldwell had addressed the subject earlier before she arrived and she was advised that if she cared to speak with him about his findings she could speak with him in his office. She said that she would go in and speak with Mr. Caldwell as suggested. Selectmen' s Meeting (Continued) January 26, 1988 At 7 : 50 p.m. a pole hearing was held on petition of New England Telephone & Telegraph Company and Mass. Electric Company, petition #612 dated December 15, 1987 , to relocate pole 96/4 on Temple Blvd. 16 ' West. This is adjacent to property owned by Richard & Carolyn Leahy. No one spoke in favor and there was no opposition voiced. A motion was unanimously passed to close the hearing. The hearing was reopened and permission was unanimously granted. Selectmen unanimously granted New England Telephone & Telegraph Company to maintain under the surface of the public way or ways, more particularly described as Courser Brook Drive, buried cables, manholes handholes and pedestals, with the wires and cables therein markers and other fixtures which were being maintained in and under Courser Brook Drive at the time of its acceptance as a private way or as requested in petition of said Company dated the 19th day of January, 1988. The Board also granted said Company permission to place and maintain underground laterals, manholes, handholes, pedestals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as it may desire for distributing purposes . Stipulations regarding the permission given, are on file under New England Tel & Tel in the Selectmen' s Office. The Board received and opened bids for the removal of seven poles with its related Sirens and removal of Poles only. Bids were received from Valley . Tree Service in Groveland, The Ryan Company, Rockland, Mass. , and Edward A. Boyle, 52 Cottage Road, in Newbury. All bids were taken under advisement by the Board. The next order of business was the transfer of the Town' s Cable Television License from American Cablesystems to Continental Cable- systems last year. Cable Officials, Mr. Leonard Tammaro and Mr. Frank Anthony were present, together with Mr. Joseph Stone, who spoke in favor of the transfer. Cable Officials assured the Board that sub- scribers will see no difference in their service. Chairman Machiros stated that subscribers in town have been very satisfied with the service they have received from American Cablesystems and he was pleased that Mr. Tammaro and Mr. Anthony were able to give us such assurance. Mr. Thomas Rankin, who resides at 11 Pearson Drive, was in attendance, and spoke in favor of Continental Cablevision. He said that he had been a previous resident of Beverly and had become acquainted with Continental in that area. He had nothing but praise for the Company. The hearing was closed and the matter was taken under advisement. Chief Merry was in attendance and brought up the subject of establishing a school zone in the vicinity of Governor Dummer Academy which stemmed from a request from Mr. Champoux of Gov. Dummer. He said that the State DPW says that if the Academy does not have a class under Grade 9 (and the Academy has not) , it cannot be classified as a School Zone. However, he said, signs can be erected that would aid in the safety factor of the area if this was agreeable with the Board, and he added that the Highway Supt. , Mr. Champoux and the State DPW could meet and decide on just what signs would be best for the area. This was agreeable with the Board. Selectmen' s Meeting (Continued) January 26, 1988 At this point, Selectman Tevald made a motion to re-open the Cable Hearing and grant the transfer of license from American Cable to Continental Cable. The motion was seconded by the Chairman who said, "I concur with this motion, but until the return of Selectman Adams, we will hold this matter in abeyance. " In other business, a license was granted to Robert P. Kimball, d/b/a Mr. K' s Ice Cream Mobil Unit within the town. It was noted in the records that we did send Mr. Kimball a copy of the 300 foot requirement, and he was invited to apply for a renewal of his license. Governor Dummer was granted a one day liquor license for March lst for their alumni dinner. Resignations were received from Nina Colby, as Warden of Precinct 2, and from Raymond Mills, who served on the Personnel Board. Both resignations were accepted with deep regret as both had served the Town well, and their services will be missed. Mr. Richard Cunningham was in attendance, and addressed the Board, saying that he was there with a request from his daughter- in-law, who said that a street light has gone missing from the area where she lives on Scotland Road. He said that he will furnish us with the pole number, so that we may look into it further. The meeting adjourned at 9 :30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING February 9, 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: January 19, 1988 W29 33 , 177 . 94 P30 15, 925 . 16 RS29 8, 526 . 67 January 26, 1988 WP31 59, 856 . 48 • GP13 5, 210 . 82 W30 21 , 865 . 64 RS30 1 , 117 . 50 February 2, 1988 W31 170, 071 . 18 P32 16, 579 . 16 RS31 187 . 50 SP8 1 , 379 . 80 It was noted. in the records that Selectman Adams has returned from vacation and has signed the Cable Contract with Continental Cablevision, and. they will be picking up the Contract. Mr_ . Michael Papera, together with his attorney, Dennis Cronin, were present at the meeting. Mr. Papera, who lives at 43 Middle Road wishes to upgrade Sled Road, which runs from U. S. Rt. #1 Westerly, p Selectmen' s .Meeting (Continued.) February 9, 1988 and intersects with Middle Road. Mr. Papera stated that he was not sure what the extent of the repairs will be, adding, that he has no plans for development on the road. Upon checking with Town Counsel , the Board was advised that they have jurisdiction over town ways and may order specific repairs to be made upon such ways in accordance with General Laws, C. 82 : 21 and 84 :7 . The Board accepted Mr. Papera' s offer upon the following conditions : There is to be no alteration, relocation or discontinuance of the way and before any work is done he shall concur with the Planning Board, the Conservation Commission, and the Highway Supt. , and shall obtain any other Board' s input that may be required for Mr. Papera to reach his objective. Mr. Papera and his attorney were advised that there is no guarantee as to what the outcome will be in regard to the Planning Board. They were also advised that at the time that any work is being done, the Highway Supt. , or a delegate from the town, as well as a County Engineer must be present. A motion was unanimously passed to grant Mr. Papera permission to proceed (with the definite under- sta.ndinq that there will be absolutely no expense to the town, and also that the road' s layout and bonding must conform to town standards) . Both Mr. Papera and his attorney agreed with these stipulations, and gave the Board their assurance that they will work closely with all of the people aforementioned. in other business, a letter was received from Mrs . Mary Barton in which she stated, that she and her brother, Dr. Storer P. Humphreys, were transferring to the Trustees of Reservations the following described land: 1 . Newman Road, West End of Oldtown Hill, twenty and two hundredths acres on Newman Road. Assessor' s Map R26-1 . 2 . Pasture back of Little Old. Town Hill , to which is a right- of-way through Emery pane over land of Walter Goodman and Cedric Little, Twelve . Acres . Assessor' s MaD R26-25 . 3 . Lower Field off Cottage Road to which there is a .right-of- way through Evergreen Cemetery Four, Four and 86/100 Acres. Assessor' s MaD R11-17B. 4 . Lower Pasture off Cottage Road to which there is a right- of-way through Evergreen Cemetery. Fifteen. and. 90/100 Acres . Assessor' s Map R11-17C. All measurements are more or less. Mrs. Barton said in her letter that she and her brother hoped that the above descriptions will help us to identify the land, and they hoped that generations to come will enjoy it. A letter will be sent in acknowledgement of this most generous gift. Selectmen' s Meeting (Continued) February 9, 1988 The Board granted a parking lot permit to Michael Villane on Lot U2-115, at 26 Plum Island Blvd. , with the following stipula- tion: "Entrance and Exit shall be on Plum Island Blvd. only and Annapolis Way is not to be used as an entrance to, or an exit from, this parking lot. " The Board granted. a Parking Lot permit to Chandler Grinnell/ Jack McKallagat, at 52 Northern Blvd.. , Lot U3-188 . Chairman Machiros stated that if there was no other business to come before the Board, he would entertain a motion to go into Executive Session with respect to Collective Bargaining. By a roll call vote, Selectman Adams seconded the motion and Selectman Tevald made it unanimous. Chairman Machiros stated that the Board would not reconvene after the executive session. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING February 23 , 1988 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: February 9, 1988 W32 157 , 101 . 42 P33 59, 521 . 04 RS32 194 . 25 GW13 (COA) 105 . 25 GP14 3, 653 .32 SRW9 28 . 93 February 16, 1988 W33 33 , 436 . 33 P34 15, 785 . 49 RS33 187 . 50 GW14 (COA) 57 . 45 SRW10 30 . 00 Members of the Planning Board were present and discussed with the Board amendments to the Town' s zoning by-law. In a letter to the Board they said that among the amendments are ones that- would set a building height limitation and define residence. Another would increase the minimum lot size required for a two-family structure. The intent is to provide adequate area for water/septic systems . There is also one amendment that would not allow more than 20% of a minimum size lot to be occupied by wetlands . The letter added that this would help to assure adequate area for septic systems and helps to prevent pollution of the wetlands. Planning Board members said that they are looking to increase the minimum lot size requirement for duplexes or two family houses, which is now the same as the re- quirement for single family homes . Also they want town meeting to approve a. by-law stating that no more than 20 percent .of a one-acre house lot can be wetlands. They also told that Board that these by- laws would assure that septic systems are not installed on marginal land. House lots must now be a minimum of one acre, or 40, 000 square feet, to build either type of home. The Planning Board said they want to two acres, or 80, 000 square feet, for two-family homes that are not using public water or sewers, and 60, 000 square feet for those that are. Selectmen' s meeting (continued) February 23 , 1988 The second by-law would protect the town from coping with septic systems on land that cannot maintain them. Member Steven Moore said that it would make sure that the lot had a specific amount of buildable land. The Selectmen unanimously agreed to take the matter under advisement. In other business a letter of thanks was sent to Dr. Storer Humphreys and his sister Mary Barton for their generous gift of land to the town as described in the minutes of last Selectmen' s meeting. Permission was granted the Christian Education Committee of the First Parish Church to hold a church service and picnic on the Green on Sunday, May 22nd. Permission was granted with the stipulation that Mrs . Paula Chase who is the person in charge will be personally responsible for seeing that no trash is left in the barrels, but removed from the Green and no trash is to be left overnite. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING March 8, 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: February 23 , 1988 W34 152, 111 . 37 RS34 8, 594 . 17 P35 60, 742 . 80 GP15 3 . 939 . 02 Police Chief Merry addressed the Board. He said that he has concerns about a proposed legislation which was defeated last year but has a lot of support, and in his opinion, will eventually become law. The bill would require that Reserve Officers attend a 12 week training session at the Police Academy in order that they become full time officers . That will mean that the Reserves will have to take a twelve week vacation from their full time jobs for the sake of their part time jobs. Even though this will result in better trained officers, financially, can we afford to train all these Reserves - we have 18 of them. This bill will impose a definite financial burden on small towns. The Chief said that he would be forced to replace the 18 Reserves with 5 or 6 full time officers and that would be expensive. Even now, the Reserves are required to keep up with a variety of train- ing programs - CPR training, firearm training and training in the use of equipment, and these training programs add up to a significant time commitment for many Reserves . However the training is critical because we have to have officers out there that know what they are doing - Newbury is growing - and drugs are a major problem. The Selectmen asked the Chief if he would prepare something in writing for the next meeting that will tell just how we stand at this time. The Chief said that April would be better and by that time he will have had time to Selectmen' s Meeting (Continued) March 8, 1988 draft an immediate and long range restructuring plan that will help the town to cope with the increasing costs of law enforcement. A bid was received on an aluminum boat which will be used by the Harbormaster in checking moorings, speed limits and safe boating habits. The bid was received from Winninghoff Boats, Inc. , in Rowley Mass. in the sum of $13 , 210 . 00 . The Selectmen turned the bid over to Harbormaster Edwin Sternfelt and asked him to review it and give the Board his recommendation before the end of the meeting. In other business, it was noted that there will be a rabies clinic at the Town Hall on March 30, at four to six p.m. There will be a public hearing on March 22nd at 8 : 00 p.m. on the application of Daniel P. Gaynor of Newbury, for a seasonal license to sell wine and malt beverages as a Common Victualer at Plum Island Beach Co. , 2 Northern Blvd. , Plum Island. Clamming Regulations for 1988 were read and unanimously accepted by the Board. 1 Harbormaster Edwin Sternfelt addressed the Board and recommended that the bid from Winninghoff Company be accepted. Mr. Winninghoff was present and stated that the delivery date would be as close to July 15th as he could make it. The Selectmen asked if he could make it before that date and he said that due to shortage of help and other commitments, July 15th was the closest that he could make delivery. The Board unanimously agreed that if July 15th was the best that he could do, they would go along with the acceptance of the bid. Representative Palumbo was present. He said that he has been assured that the State has notified him that the Town of Newbury will be receiving its Salt Shed very shortly. The matter of repairing septic systems was discussed at length as it now involves the DEQE. The Board feels that the Town should stick with its common sense approach to septic system problems, and if a septic system fails, it should be fixed immediately so that families will not be without water for sewage, bathing and cooking. Rep. Palumbo agreed and said that he did not think it was fair to disenfranchise people who are good taxpayers . If local health officials do not act quickly and mandate immediate repairs to faulty septic systems, they are running the risk of violating the health regulation requiring all homes to be fit for human habitation. The Board agreed that they will continue doing what they have been doing and intend to issue permits in order that septic systems are repaired immediately once they fail . The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING MARCH 22, 1988 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. + The following warrants were signed by the Selectmen: March 1, 1988 W35 64, 993 . 42 P36 16, 037 . 45 RS35 292 . 50 G15 3 , 972 . 95 SR11 1 ,408 .30 March 8, 1988 W36 61 , 169. 96 P37 61 , 169 . 96 RS36 1 , 115 . 40 G16 875 . 00 GP16 1, 306 . 35 Chief Merry addressed the Board. He said that he had a list of persons to be appointed in compliance with 303-F of the Emergency Planning and Community Right to Know Act of 1986, Title III of the Superfund Amendments and Re-authorization Act of 1986. They have all agreed to serve on the Planning Committee for the Town of Newbury and there is to be one member of the Board of Selectmen also. By a unanimous vote, Chairman Mac hiros was appointed to 'fill this position. The other members were Roger S. Merry, H. Verne Noyes, III, William Pearson, Bruce Irving, John Salter, Edwin Sternfelt and Thomas G. Palumbo, ex-officio. All appointments were unanimously voted. Mr. David Hall was present and the matter of his moving a barn from Parker Street to Mr. Hall ' s property at the corner of Highfield and Middle Road, Newbury, was once again discussed. Mr. Hall stated that he has all permits necessary and as soon as the State processes them, he will know more about the exact date the barn will be moved. He was reminded to work closely with the Police Department and the Mass DPW and Mr. Hall agreed to this . Persons affected by power outage due to the moving of the barn will be notified two to three days ahead of time. A public hearing was held on p g petition of N. E. Tel & Tel and Mass Electric Company, Petition #611, dated December 9, 1987 , to locate Pole 2/12z on Middle Road, 157 ' West of Pole 2/12, adjacent to 55 Middle Road owned by Richard Gardella. Paul Daubitz was present and stated that he was interested to know if there will be a cross-arm at a suitable point on the pole for Fire, Police, Telephone and Telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes . The representatives from both of the Utility Companies answers that they were almost sure that this was possible and will forward a letter to the Board confirming their stated opinion. They said that it was their belief that the town could install a fire alarm cable and a communication cable to be used solely for municipal use in the prescribed space. This seemed to satisfy any questions that Mr. Daubitz had, and he stated that he would therefore have no objections . No one else present had any objections and those in favor were the representatives of the utility companies . The hearing was closed and the matter was taken under advisement. The hearing resumed and permission was unanimously granted. U Selectmen' s Meeting (Continued) March 22, 1988 Mr. Daniel Gaynor and his attorney, Michael Early, were present regarding Mr. Gaynor' s request for a seasonal license to sell wines and malt beverages as a common victualler at Plum Island Beach Co. , 2 Northern Blvd. , a two-story wood structure of approximately 2, 000 square feet with two means of egress and attached deck of approximately 1 , 500 square feet, with two means of egress . Approximately 60 people attended the public hearing. Attorney Early addressed the Board, and stated that the property where Mr. Gaynor runs a take-out stand has been commer- cially related as far back as the turn of the century when the Plum Island Dance Pavilion was there, and not too many years ago Gene Palumbo bought the property and still holds a mortgage on it. The last few years Mr. Gaynor has run a take-out stand at 2 Northern Blvd. , and has made renovations that have made the stand quite an attraction in the area that has enhanced that particular location. He went on to say that Mr. Gaynor has run a very well managed establishment in the past and will certainly continue to do so in the future when he plans to operate a sit-down restaurant where people can come and enjoy a glass of wine or beer along with their meal . He said that Mr. Gaynor understands that no alcoholic beverages are allowed on the beach itself and therefore the deck will be closed off so no one will be able to exit the deck onto the beach. He stated that he realized that some people in attendance might have questions and he wanted to assure them that on behalf of his client he would be agreeable to any reasonable requests that fall within the confines of the Mass . General Laws. Mr. Proli, of 33rd Street spoke at length in opposition to a beer and wine license. His main objection was that there are enough places that sell liquor on the Island as it is, and another license could turn the Island into another Salisbury Beach. Mr. Donald Phillips was next to speak. He said that back in 1951 he purchased his office building from Tom Palumbo ' s uncle, and that was 37 years ago. Well, a storm took the skating rink and left a small stand. Last year Dan came to the town of Newbury and asked the town for permission to put this deck on. He got permission to put on a deck. Not too long ago a loud party was going on at Dan' s place. The police came down at 9 :30 and the party broke up. There were bodies all over the place. I rent my house- up over my office. From time to time they have said to me, "look, I got woke up at 2 to 3 o ' clock in the morning. " There ' s been a parked car for four years behind my house and the car belongs to Gayno:r'sl,friend,'.i`a, Sta.te( '.` !_, Trooper. I saw Dan Gaynor .speaking to Gary Machiros. The car dis- appeared, then it 'came back. I think what we need is .a' Master' Rlan of Plum Island. I would like to see the Selectmen use their discretion. i I would like to put up a recreation building. He said that he was in opposition to another liquor license because he was of the opinion that we don' t need another Salisbury Beach with all its down-grading and its problems of policing. He said that the location in question has traditionally been a take out food stand and is not appropriate for a sit-down restaurant. Mrs . Margaret Stokes of 4th Street said that as a teacher in the town of Newbury, she teaches health, and part of the course that she teaches about health is "say no to alcohol , say no to drugs . " She added, " I think that if the Selectmen grant this license, we are giving the children a message that "This Selectmen' s Meeting (Continued) March 22, 1988 is ok" . We have the Sportsmen' s, Mr. Moe ' s Package Store, the Beachcomber, Dick' s Variety, and now we give them a fifth place. This is a mixed message as far as I am concerned. I have been on the Island since 1956, and every summer when I go down to the beach, I see many of my students there in that area. I hope that the selectmen will consider that, as it is very important. Brendan Stokes also spoke in opposition saying that his wife and he are trying to raise a family. I feel that this is a back door attempt to get a full liquor license. That spot was first a clam shack, then a family dwelling and now a hugh deck, I don' t know who they are kidding - "no exit from the deck" . The noise level alone, I have to work every day and I get up at 6 : 00 a.m. Then there' s the water problem - 200 people using the toilet, that issue alone should be enough to shut it down before it even gets started. Quite a few of the residents have children, and therefore couldn' t be here tonite, but they are concerned about the increase in their taxes, because there will be an increase in police protection down there. Mr. Paul Daubitz said that he fully agreed with Mr. Stokes ' objections. Mrs. Elaine Byrne was present. She said "I am the acting Chairman of the Conservation Commission, and I speak in behalf of that Commission. She went on to say that the stand should not be enclosed, liquor should not be sold; there are no men' s and ladies ' rooms, or handicapped access . We are creating the opening of a can of worms, and, she stated that she is acting chairman of the Conservation Commission and he does not have the proper permits and that the deck is illegal . As far as adding any bathrooms, the additional customers attracted by the liquor would put a strain on Plum Island' s water supply. I don' t see how this can happen until we bring water to the Island. Mr. Michael Canty, Southern Blvd. , spoke in opposition saying that it seemed to him that people from off the Island are going to be attracted to the area because of the liquor being sold there, and that meant problems as far as traffic went - that is a very bad corner. Attorney Early spoke and said that he appreciated the concerns that the people have, however a building permit was obtained for the deck and relative to the septic system, do not think that there will be that much increase in the business . Plum Island is a good beach even though there are places where there is drinking. I do not think that Mr. Gaynor will allow any trouble to occur and will see that the restaurant is closely monitored as far as the drinking is concerned. Chief Merry said that he didn' t see any problems, if the place has the supervision that Mr. Gaynor says that it will have. He said that he could not predict that we will have to put on two or three more men. The control has to be in-house and how the owner runs it. I would oppose the possibility of people going down on the beach with liquor, but it is all according to how well the place is run. It needs good solid management and good solid police power. Mr. Pat Mahoney spoke in favor, stating, you can require him to close at 9 : 00 p.m. and if there are violations, just pull his license any time you want. Mr. John Hartnett spoke in favor of Mr. Gaynor obtaining a beer and wine license. I think that he has a right to do what he wants on his own property. Jane Harris, Sunset Selectmen' s Meeting (Continued) March 22, 1988 Drive spoke in favor. Mrs . Ann Syrene also spoke in favor. Mr. Langis from Plum Island spoke in favor of the license with limitations such as a 9 : 00 o' clock closing time. A count of hands was taken. Approximately 40 in favor and 21-25 against. Mr. Early spoke again and said that Mr. Gaynor himself will be the on-site manager. There will be no noise and there will be no music. It will be printed on the menu "No liquor on beach" , and there will be supervision to make sure of this. There will be no outside music. Selectman Tevald said that he would like to see that beer and wine will only be served with meals to be eaten on the premises only. Selectman Adams stated that his main concern was the opening and closing hours. Selectman Adams made a motion to close the hearing and Selectman Tevald seconded the motion. It was unanimously voted to close the hearing and to visit the location for inspection of the premises to give us the opportunity to address some of the concerns that were voiced by the people present at this evening' ^ hearing and to also address concerns that the Board may have. It was the decision of the Board that we would be ready to make a final decision by the next meeting April 12th. The meeting adjourned at 10 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING April 12, 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened -the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: March 15, 1988 W37 34, 833 . 23`' P38 15,793 . 94 RS37 8, 594 . 17 March 22, 1988 W38 49,928 .76 P39 58, 614 . 57 RS38 187 . 50 G17 2, 518 . 54 GP17 5, 767 . 67 The following peti-,-ion was presented to the Board J�or• their attention: We, the undersigned, taxpayers and residents of Greentree Lane, Longbirook Road and Coleman Road are seriously concerned with the condition of these streets. We understand that a sub-division in this area is being reviewed. Please take into consideration what effect large construction vehicles may have on these already dilapidated streets . Whether or not the subdivision becomes a reality, we urge you to make the rebuilding of Greentree Lane and Longbrook Road a high priority. This petition was signed by residents of Greentree Lane, Coleman Road and Longbrook Road. Parents are concerned about their children walking to Triton as conditions are not good and the traffic is fast moving along that area. They said that there should be a cross walk because it is such a dangerous area. Selectman Tevald stated that he is very familiar with the area and the concerns that the people have are Selectmen' s Meeting (Continued) April 12, 1988 well founded. Chairman Machiros addressed Chief Merry and asked if he had a suggestion as to the best procedure for that particular area. Chief Merry said that as far as the speed limit, he did not know of any posted speed limit signs in that area, and it takes a small act of Congress to get a speed limit established. Chairman Machiros said that he was inclined to agree with the Chief, inasmuch as it has been almost a year that he has been trying to get the speed limit changed to 10 MPH on Plum Island side streets, and Rep. Palumbo is still working on it. It was noted that Coleman Road is heavily travelled and is not just any side street. Selectman Tevald said that he lives one quarter mile away and he totally agreed that something sould be done. Chief Merry said he could try to get a 30 MPH speed limit for that area. I would call it thickly settled, and 30 MPH would be a safe speed, but it is all up to the people in Boston to decide. You can establish a speed of 30-35 MPH, but it has to .be strictly enforced. We will certainly be doing our best to enforce the 30 MPH speed limit. Drainage problems were also addressed for that area. Selectman Tevald said that he would like to see some real serious dialogue with the developer. The Board felt that they will have to be somewhat committed to upgrading those roads, as they are not going to be able to withstand the usage that is expected during the sub-division, there just isn' t room for two trucks to pass on those roads . Mr. Thurlow from the Planning Board was present and stated that there has not been a hearing yet, but the developer has offered to widen the pavement. Mr. Phillip Gallant addressed the Board and said that he would like to see attention focused on Longbrook Road. He said that substandard conditions exist there and the road needs attention every 3 - 4 years. He said when a new home goes in, it causes all kinds of havoc, the road is all broken up and the pot holes add to the danger. The Board will look into correcting the problems that were discussed as soon as they possibly can. A public hearing was held on petition of Mass Electric Company, Petition #615, dated March 3 , 1988 to locate pole 80/32 on Anchor Way adjacent to property owned by Peter W. Franklin. There was no opposition voiced. A representative of the utility company spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing resumed and permission was unanimously granted. A public hearing was held on petition of Mass Electric Company, petition #616 dated March 3 , 1988, to locate Pole 65/102 on Highfield Road, 95 ' West of Pole 11, adjacent to the Merrimack Valley Beagle Club and NE Power Company line. There was no opposition voiced. A representa- tive of the utility company spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing resumed and per- mission was unanimously granted by the Board. The matter of issuing a license to sell beer and wine to. Plum Island Beach Co. was once again addressed. Mr. John Stokes was at the meeting and presented a petition to the Board signed by over 100 residents asking the Selectmen not to issue the license. On March 27th the Board met with Dan Gaynor, the owner, at 2 Northern Blvd. , Plum Island. The following conditions and restrictions were agreed to at the meeting. 1 . Beer or Wine to be sold with purchase of food ONLY. Selectmen' s Meeting (Continued) April 12, 1988 2 . Closing time to be 9 :30 p.m. Opening time yet to be determined. 3 . No loud music on premises. 4 . No bottles on deck. 5 . Message to be printed on menu and signs conspicuously posted, indicating that no alcoholic beverages are to be removed from deck area. 6 . A wooden fence at least 4 feet high shall be erected at a distance of at least 4 feet from the existing side of deck, continuing around the entire perimeter of the deck. 7 . A second fence shall be erected so as to define a walk-area around perimeter of deck. 8 . The existing deck rail shall be enclosed with a "lattice work" material so as to close any opening through which a drink could be passed. 9 . The existing staircase and access to deck from the municipal parking lot side shall be closed permanently. 10 . All rest-room facilities shall be upgraded according to State requirements. This includes handicap accessible facilities to be added as necessary. Water conservation type toilets . 11 . A net or similar material shall be placed between fence and existing deck to serve as "buffer" area to prohibit access to deck. Attorney Charles Graham was present and addressed the Board with reference to the granting of the license. He was informed by the Board that the hearing was closed at the last meeting, and he should be aware that the hearing would not be re-opened this evening. However, the Board would offer him the courtesy of hearing any brief comments that he would wish to make. He said that he represents John Stokes and other residents who oppose the granting of the license. He said that if Mr. Gaynor is allowed to serve liquor and food he would be expanding a non-conforming use which requires a permit from the Zoning Board of Appeals. Building Inspector David Caldwell, who is the Zoning Enforcing Officer. said that Gaynor' s proposal does not constitute an expansion, as the Plum Island Beach Co. , formerly the Surfcaster' s Galley has been used as a food take-out and/or restaurant for many years. The Board addressed Mr. Gaynor and asked if the conditions and restrictions listed were agreeable with him and he stated that he saw no problems and would abide by the conditions as stated by the Board. He was asked what time he planned on opening for the day and he said 11 : 00 a.m. He stated that there would be no loud music and no bottles on the deck; conservation type lavatories (using minimum water) . He was asked if he could put a limit on drinks, say three. His attorney stated that that would be rather difficult to do but Mr. Gaynor said that he would certainly keep a close eye on his patrons and anyone having too much to drink would be shut off. Selectman Tevald said that generally speaking, not many people have more than three drinks with a meal and Mr. Gaynor agreed. He was reminded again that there is to be no loud music, inside or outside, no live music, no abusive language and no juke box. Mr. Gaynor was in agreement. Selectman Adams said that as long as Mr. Gaynor complies with all of the conditions that we have outlined, Selectmen' s Meeting (Continued) April 12, 1988 he could see no problems and subject to ABC' s approval , he would make a motion to issue the license. Selectman Tevald seconded the motion and Chairman Machiros made it unanimous. In the matter of Jacob Checkoway keeping junk, etc. on his premises ` located on Hanover Street, the Selectmen said that he was given ten days to cleanup the premises . Five days have elapsed. After five more, if the premises are not cleaned up, the matter will be turned over to Town Counsel to handle. The meeting adjourned at 9 :30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING APRIL 26 , 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Alan I . Adams and Joseph S. Tevald were present. The following warrants were signed by the Selectmen: April 12 , 1988 RS41 1 , 012 . 50 SRW13 28 . 93 W41 46 , 553 . 06 G18 30 . 00 P42 19 , 467 . 53 April 19 , 1988 W42 31 , 885 . 83 RS42 8 , 594 . 17 P43 59 , 429 . 65 G19 80 . 00 GP19 4 , 887 . 67 The Board usually re-organizes the meeting following Town Election. Selectman Tevald was congratulated by his colleages and by a unanimous vote, he was appointed as Clerk to serve for the ensuing year. Also by a unanimous vote, Selectman Machiros was appointed as Chairman and Selectmen ' s Coordinator to serve for the ensuing year. The subject of Jacob Checkoway' s property on Hanover Street was discussed. The Board felt that Mr. Checkoway has made an attempt to clean up some of the junk that was on his property and it was a unanimous decision to allow him five more days to see what more he removes, and the Board will be keeping a close eye on his property to see that he continues making progress. The Town of Rowley will be celebrating their 350th anniversary in 1989 and has extended an invitation to Newbury if we wish to take part in their various activities . The Board was in favor of joining in and a letter to that effect will be forwarded to the Chairman of their committee Willard Jewett. At 8 : 00 p.m. Chairman Machiros asked if there was any further Town business to come before the Board this evening. No one in the audience had any further business to discuss. The Chairman then asked for a motion to go into Executive Session with respect to litigation with Byfield Snuff Company. Selectman Adams made the motion and by a roll call vote, Selectman Tevald .seconded the motion and Chairman Machiros made it unanimous and stated that the Board would not reconvene Selectmen' s Meeting (Continued April 26 , 1988 after the Executive Session. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING May 10 , 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: April 26 , 1988 RS43 294 . 08 P44 16, 248 . 27 W43 58 . 868 . 61 G20 3 , 605 . 75 May 3 , 1988 W44 258, 269 . 37 P45 57 , 347 . 92 RS44 187 . 50 GP20 2 , 526 . 17 SR14 1 , 379 . 80 Attorney Perkins , representing Melville A. Pratt, Jr. , landowner, was present and addressed the Board. He said that his purpose in coming to the meeting was to inquire if the Selectmen would be agreeable.. to signing a notice of non-exercise of option with reference to Mr. Pratt ' s property located on Green Street and Hay Street in Newbury. Attorney Perkins discussed the matter briefly with the Selectmen, stating that the Planning Board had signed off on the sub-division plans . The Selectmen could see no problems, however, by a unanimous decision, Town Counsel will be contacted before the Notice of Non-Exercise of Option is signed. Mr. Byrl Leonard addressed the Board and inquired when a comfort station at Plum Island will be built. He said that. he understood from Representative Palumbo that the money had been received as a result of a grant that the town had applied for. Chairman Machiros said that it is in the works and as soon as the grant money does in fact come through . from DEM the station will become a reality. Attorney Donald Adler addressed the Board with reference to the recent rejection of the Proposition 2Z over-ride proposal . He was interested if and when the Selectmen planned to meet with the Finance Committee and if such meeting will be open to the public. He was informed that there will be such a meeting within a week ' s time and it will be open to the public as are all meetings, and he would be most welcome to attend. He said that he had several questions that he would like answered and will surely attend the meeting. Chief Merry addressed the Board and said that he would like to request that the Board appoint Gregg Frappier and Gary Clifford as temporary lieutenants , adding that the two men are willing to help him out when he needed the,and also adding, that he could't be on duty 24 hours a day. He said both officers are willing to take on this temporary position at least for now, and still maintain their Selectmen' s Meeting (Continued) May 10 , 1988 status . This will be a salaried position. By a unanimous vote of the Board, the two appointments were made. A public hearing was held on Petition of New England Telephone and Telegraph Company and Mass . Electric Company, Petition #613 , dated January 19 , 1988 , to locate Pole 17 on Parker Street, 65 ' East of the Newbury-Newburyport Line adjacent to the Oak Hill Cemetery. T There was no opposition voiced and Jack Moynahan from Mass. Electric spoke in favor. A motion was passed to close the hearing and take the matter under advisement. The hearing resumed and permission was unanimously granted. The meeting adjourned at 9 : 45 p.m. Respectfully submitted, Doris- Hodge, Secretary SELECTMEN' S MEETING MAY 17 , 1988 The Selectmen met with the Finance Committee at 7 : 30 p.m. to dis- cuss what direction they are going in after the vote at the annual town meeting last month was 979-407 against the Proposition 2Z over-ride. Bruce Irving addressed the Board and stated that he wished to speak for the entire Finance Committee and in no way would they sponsor another over-ride because the voters .have made it clear that they do not want it. Members of the Board of Selectmen and Finance Committee both agreed to propose level funding for all town departments . Both boards were in agreement to meet with School Departments on the 23rd of May and with all department heads on the 26th of May. The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING May 24 , 1988 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: , May 10 , 1988 W45 34 , 631 . 36 P46 16 , 910 . 95 RS45 213 . 54 W21 30 . 00 SRW 15 28 . 93 May 17 , 1988 W46 38 , 771 . 39 P47 59 , 000 . 44 RS46 8 , 645 . 33 GP21 2 , 567 . 67 SELECTMEN' S MEETING ( CONT'D) May 24 , 1988 The matter of Byfield Snuff Co. vs . the Town of Newbury was the first business to be taken care of . An agreement concerning the issuance of a septic permit on the Byfield Snuff property was read and reviewed by the Board. In part, the agreement stated that "The action shall be continued for one month for the purpose of pursuing a settlement. Within that period, Byfield Snuff , or its designee shall submit a completed application for a disposal works construction permit for a sub-surface disposal system on the Sawmill parcel . The application shall propose a re-design of the original system by providing for periodic dosing . of separate leaching fields . Further, the Board agrees that it will .in good faith review said application and that it will not unreasonably withhold its approval ; and the Board agrees that it shall act upon said application within 14 days after said application has been submitted to the Board, unless Byfield Snuff agrees to any extension of time. A statement outlining the agreement was also read and is attached to the agreement, and this will be on file in the Selectmen' s office. The agreement contains a stipulation that prohibits both the Selectmen and Benjamin Pearson (the owner of Byfield Snuff from making any comment beyond the statement itself . Paul Turbide, the Engineer representing Mr. Pearson was present at the meeting and pre- sented a plan of multiple dosing septic systems in detail to the Board. The Agreement states that if the Board does issue a permit to build the septic system, Mr. Pearson will offer to sell the Larkin Mill property to the town for $70 , 000 . 00 . The Town has initiated discussions with the Commonwealth about funding for the Town to purchase this property. If as a result of the submission of the new engineering plans , the parties resolve the dispute as to the Sawmill property, the dispute involving the Larkin Mill property will be continued for a four month period (and by extension at the option of the Town of Newbury, up to July 31 , 1989 ) so that the Town can explore the availability of special grant funding from the Commonwealth to purchase the Larkin Mill property. If at the end of this time period, (July 31 , 1989 ) , funds or a commitment of funds to acquire the Larkin Mill parcel are not provided or committed, either party may petition the Court for a trial date and the other party shall assent to said motion. The Agreement was signed by Benjamin Pearson and the entire Board of Selectmen. Upon Chief Merry' s recommendation and after careful consideration of the Board, Michael A. Reilly was appointed as a reserve officer to June 30 , 1988 . The Board also unanimously appointed Dr. Charles P. Fogg as Special Advisor on Education to the Board of Selectmen. Dr. Fogg is a former School Committee member, and he has been reviewing the school budgets at the request of the Selectmen. The Board unanimously agreed to sign the "Non-Exercise of Option" to purchase property on Hay Street owned by Melville and Ruth Pratt. The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING June 7 , 1988 The matter of Byfield Snuff Co. vs . Town of Newbury was once again addressed. After reviewing the application for the installation of a septic system, the Board felt that with the deletion of the following note, they would be willing to sign the application "System Design requires a waiver from the requirements of the Newbury Board of Health regulation B.H. 74-1 . " Benjamin Pearson was present and acknowledged that he was willing to accept the Board' s decision, and at this point the application was unanimously signed by the Board of Health. A settlement was made with reference to the on-going litigation that has lasted three years . Upland Development representatives Gary Palardi , Gordon Maisner and John Nagle were present at the meeting. Mr. Palardi addressed the board and told of Upland' s plans to clean out the water pipes from Morgan Avenue (on High Road) to Hay Street where they have received approval for an 18 unit subdivision on the Pratt Farm parcel on Hay street. Mr. Palardi asked the Selectmen if they could lend their support in getting Newburyport Water Department to go along with their plans . The Selectmen stated that it is not the Town of Newbury' s system and therefore they would definitely need the City of Newburyport ' s approval first. Chairman ,Machiros said that he would make a verbal phone call to Mr. Pritchard at Newburyport Water Works, but it is not our system. "I am supporting this effort subject to Newburyport ' s approval and with the documentation that it will not affect the other takers of water. " The other Selectmen .(Tevald and Adams ) were in agreement with this. Fire Protection President John Burke, who lives on High Road, was also at the meeting and explained the seriousness of the water situation as far as the pressure is concerned. He said that if the lawn was being watered, no one could take a shower at the same time, and residents in that area are having their insurance bills increased, because the town cannot use the hydrants for fighting fires. Chairman Machiros explained once again that the Board .has told Upland Development that it has no problem with its plans to improve the water service, as long as it proves that the residents all along High Road and residents beyond Hay Street will not be adversely affected by the changes . Mr. Palardi said that the pipe. cleaning would cost his firm twenty to twenty five thousand and would take three or four days and added that his firm would replace any damaged. pipe that might result from the operation. The Selectmen will meet again with Mr. Burke at their regular meeting on June 14th and at that time it is expected that Mr. Burke will again discuss the water pressure problems that affect that area of town. The meeting adjourned at 10 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JUNE 14 , 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I. Adams were present. The following warrants were signed by the Selectmen:. May 24, 1988 W47 61 , 686 . 13 P48 16, 199 . 02 RS47 303 . 75 G22 1 , 338 . 19 May 31 , 1988 W48 118 ,805 . 73 P49 63 , 920 . 53 RS48 191 . 25 GP22 1 , 336 . 82 SR-W16 1 , 379 . 80 A letter of complaint was presented to the Board by Roger H. Thurlow Deputy Chief of Protection Fire Co. No. #2 . The letter addressed a problem that the Firemen are having with a faulty alarm system installed at the Center for Holistic Medicine, 65 Newburyport Turnpike, Newbury. Mr. Thurlow stated that since June loth of this year, Fire Company #2 has responded to six false alarms at that location. - The letter stated that .this has been brought to their attention, and they were asked several times to have the problem remedied. "We are a call Fire Depart- ment, and it presents a safety problem, not to mention the cost to us and to the Town. False alarms boost the cost to taxpayers , and burdens the Fire and Police Departments . Automatic alarm systems are becoming more used, and this creates a lot of false alarms . It may be to the Town' s benefit to set a policy to insure proper maintenance of alarm systems . We would suggest a fine after a set amount of false alarms per year. " The letter was signed by Chief Michael McDonald and Deputy Chief Roger H. Thurlow, III . After discussing the situation, the selectmen felt that the complaint was a legitimate one and unanimously agreed that the Board of Fire Engineers could meet and propose regulations to use in such situations . John Burke, President of Protection Fire Co. No. #1 , attended the meeting and presented a series of slides showing the fire hydrants along High Road. He said that every hydrant from Morgan Avenue down to Hay Street was opened and a . picture was taken of each one showing the amount of water coming out of each. He said that he couldn't find one .that didn't run dry after a minute and a half . He said that adding 18 homes from the Pratt Farm subdivision which will be built off Hay and Green Streets will create an added strain on an already deplorable system. After a discussion with concerned residents and Mr. Burke, Chairman Machiros said that in the rear future, the Selectmen will be meeting with Newburyport Water Department to see just what can be done to correct the problem. The residents of the affected area were asked if they could write letters expressing their concerns and they were all in agreement that they would be willing to do their part, in order to expedite corrective measures. The matter will be brought up again after the Board meets with the Water Department. Selectmen' s Meeting (Continued) June 14 , 1988 A letter of resignation was received from our Town Accountant Keith MacNutt. Keith has served the town well for ten years and we have always enjoyed a good relationship. We will miss both Keith and his wife Sandy. The letter of resignation was accepted by the Board with deep regret. The Board unanimously appointed M. Louise Ziehler as Acting Temporary Town Accountant, to fill the vacancy caused by Keith' s resignation. . The meeting adjourned at 9 : 45 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING June 27, 1988 The Selectmen unanimously voted to rescind Article 10 , in the Town Report which was voted on at the Annual Town Meeting in April of this year. This has to do with the $79 ,000 . free cash. The Harbormaster was present and was asked about a marker in front of Miss Reynolds house on Cottage Road. Selectmen asked if the marker could be moved, as Miss Reynolds has requested, and Harbormaster Edwin Sternfelt replied that the Army Corp. of Engineers has to approve it if it is moved because the marker is there for navigation purposes . Mr. Sternfelt said "If we move it, we ' ll have problems" . The subject of when we will get the Harbormaster ' s boat was dis- cussed and it is indefinite as far as the date is concerned. A rental was discussed, to fill in until the boat is completed, and this will be looked into by the Harbormaster and he will report back to us . Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING June 28, 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph Tevald and Alan Adams were present. The following warrants were signed by the Selectmen: June 7 , 1988 W49 34 , 281 . 58 P50 16 , 620 . 65 RS49 191 . 25 June 14 , 1988 W50 70., 442 . 6.4 P51 69 , 668 . 86 RS50 11 , 787 . 52 GP23 1 , 674 . 82 SR17 228 . 50 Police Chief Merry was present at the meeting. He addressed the Board and recommended against re-appointing dispatcher and police officer Patricia Perley who has been under suspension for more than a month. Her one year appointment expires June 30 , 1988 . Chairman Machiros said that police officers are entitled to hearings before the board entertains any Selectmen' s Meeting (Continued) June 28 , 1988 motion for dismissal from the force. The Selectmen scheduled Officer Perley' s hearing for July 19th at 7 : 30 p.m. The Chief told the Board that he had tried unsuccessfully to contact Officer Perley before the meeting this evening. He left a letter and a copy of his investigation report at her home on June 27th with instructions for her to contact him, but she did not. In his letter to Officer Perley, he said that he was not recommending her re-appointment for three reasons. He said that Officer Perley had filed false time cards during the weeks of February 19-25 and March 3-10 . She had misrepresented the hours worked. She had filed false reports regarding an investigation into child abuse, and that report was "unsubstantiated by Court records or other witnesses" . She disobeyed direct orders in regard to meeting with him. In other business, after careful consideration, all appointments were made for the year and are on file for inspection in the office of the Selectmen. The term of Board of Health Agent James A. Lowe expires June 30 , 1988 , and Selectmen Machiros, Tevald and Adams will be serving as Agents on the Board of Health. Mr. Lowe will be sent a letter of appreciation for all his time and effort spent over the past number of years as Board of Health Agent. Richard Hurst was-appointed Gas:•.Inspector and Gary -Downs and" Warren Carter will be serving as Assistant Gas Inspectors . Gary Downs was also appointed as Assistant Plumbing Inspector. The appointments of Hurst and Downs are new appointments . The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JULY 12 , 1988 The Selectmen' s Meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. . Selectman Alan Adams was present and Selectman Tevald was not in attendance. The following warrants were signed by the Selectmen: June 21 , 1988 W51 33 , 295 . 93 P52 20 , 97-3 . 93 RS51 1 , 066 . 25 G23 226 . 00 June 28 , 1988 W52 144 , 645 . 46 P53 179 , 843 . 64 RS52 232 . 50 G24 13 , 607 . 49 GP24 1 , 421 . 82 Mrs . Carrie Keville of 44th Street, Plum Island, attended the meeting with reference to a complaint that she did have against her neighbor, Dennis Palazzo of 42nd Street. She addressed the Board and stated that she had had a conversation with Mr. Palazzo who has been emptying chemicals and waste from his truck out in the street. Mr. Palazzo runs the V. I .P. Cleaning Systems . The level of the street Selectmen 's Meeting (Continued) July 12 , 1988 directs this waste material into a very shallow drain located on her property. The sole purpose of the drain is for the rain water to drain into, to prevent the flooding of her cellar. Her water point is located approximately three feet from this drain, and could be contaminated by these chemicals that are being dumped by Mr. Palazzo. She told the Board that Palazzo said that he did not know that she felt so strongly about it and he would not do any more dumping. She said that she was satisfied with the results of their conversation, and she will notify the Board if any further dumping does occur. Chairman Machiros said that the complaint will be entered into the records and the matter will be looked into to make sure that no further dumping is done. A group of residents from Cottage Road attended the meeting with regard to conditions at Parker River. They said that speed regulations for boats in the Parker River are not being enforced and they asked the Board for their help. They said that the Harbormaster doesn't seem to have the necessary time to patrol the river and more especially on the weekends , and as a result, the boaters are traveling at dangerous speeds. Harbormaster Edwin Sternfelt was asked to attend the meeting but he said that he was was unable to, as he was leaving on vacation. The Selectmen said that they would ask the three assistant harbormasters if they would be able to work more hours . Three of the residents who are very concerned about the dangerous situation were asked if they would be willing to act as assistant harbormasters , no set hours , just when they could see trouble coming, and that would enable them to have the control they need when it is the most necessary. The residents referred to are Whitefield Kimball , Richard Newton and Alfred Thurlow who were all very agreeable to accepting the title of Assistant Harbor- master. Everyone there was most cooperative, and anxious to help, especially in making up a sign to be put in the area where the boats are moored, telling boaters to go slowly. Selectman Adams said he would donate material along with Mr. Newton and Mr. Thurlow - who said his daughter would be glad to do the print work for the sign. The residents , led by Tibie Reynolds , said that the high-speed boats create wakes that can cause accidents and property damage. The Selectmen said that they would discuss the matter with Mr. Sternfelt. Adding that if the situation does not improve through the work of the assistants , it might be necessary to advertize for another harbor- master. They also said that they would consider adding duties to the Harbormaster ' s position and making it a full time position. Upon the recomi-nendation of Chief Merry, the Selectmen appointed Robert Cattan as a substitute lifeguard for Plum Island for the 1988 season. Chief Merry also presented to the Board a letter requesting that the Selectmen increase the private detail rate from $18 .00 to $20 . 00 per hour. He enclosed a list of area cities and .towns private detail rates. He said that the $20 . 00 hourly rate would establish Newbury approximately in the middle of the area communities rates . He also requested the Board to, under MGL Chap. 44 S. 53C, establish a fee not to exceed 100 of the cost of services as authorized under MGL Chap. 44 , Section 53C. He said that this would establish a private detail rate of $20 . 00 per hour plus up to 100 or a $2 . 00 feet for the Town of Newbury, which would be credited as Selectmen' s Meeting (Continued) July 12 , 1988 General Funds of the Town. The Selectmen said that the Chief ' s. request for an increase in the private detail rate was agreeable and the second request will be discussed with Town Counsel before any action is taken. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JULY 25 , 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph Tevald and Alan Adams were present. The .following warrants were signed by the Selectmen: July 5 , 1988 PW1 1 , 332 . 12 July 12 , 1988 W1 20 , 148 . 23 PW #PLA 28 , 155 . 20 RS1 210 . 00 WG1 30 . 00 July 19 , 1988 W2 17 , 104 . 94 P2 17 , 726 . 77 RS2 105 . 00 G2 2 ,655 . 07 At the July 12th meeting, Chief Merry requested the Board to, under Mass General Laws Chapter 44 , Section 53C, establish a fee not to exceed 10% of the cost of services as authorized under MGL Chap. 44 , Section 53C. This will establish a private detail rate of $20. 00 per hour plus up to 10% or a $2 . 00 fee for the Town of Newbury which would be credited as General Funds of the Town. By a unanimous vote of the Board, the Chief_ ' s request was granted. Selectman Adams said that he attended a meeting of Assistant Harbormasters which was held on July 20 , 1988 . Harbormaster Edwin Sternfelt called the meeting in order to meeting the new assistants recently appointed by the Board (Alfred Thurlow, Whitefield Kimball and Richard Newton) . Recent completion of Rules and Regulations on the river, by the Harbor Committee has been made, and after the Board reviewed them, the following motion was unanimously passed: "That the Newbury Harbor Regulations, as adopted by the Harbormaster and his Harbor Commission be accepted. " Selectman Adams said that things seem to be under control at this time. Mr. Edward F. Murphy, 285 High Road, has sent a written complaint which he has against his neighbor, Robert Upton. In his complaint, Mr. Murphy has stated that Mr. Upton has at the present time at least five unregistered motor vehicles . He also complains that two 2500 gallon rusted oil tanks are in the rear of Upton ' s property. Efforts to reach Mr. Murphy by phone have been to no avail and a letter has been sent to him asking that he call Selectman Tevald and set up an apppointment so that the matter may be looked into further. The matter of sidewalks on Hay Street will be studied by Selectmen. There is concern about public safety, in' that school children have to walk on the road in order to get to the bus stop. This matter will be Selectmen' s meeting (Continued) July 25 , 1988 addressed again in the near future. A town meeting will be held on July 26th, regarding the budget for the coming year. At the informational meetings held for the purpose of discussion about the override, it was the agreement that all departments would accept level funding and that included local government as well as the schools . Chairman Machiros said that from what he could see happening, the schools were trying to obtain more funds and might not stick to level funding even though they agreed to, and if this happens tomorrow evening, it will polarize our community. We have always met our commitment to education. We are in a crisis situation, but for one group to try to take money away from the rest of the town - I feel very strongly about this ; we have a commitment to the Police Department and the Highway Department. Selectman Adams said that he did not support the override, but at the same time, he did not work against it. He said that the people voted on it when it came to the annual town meeting and they turned it down. Now that the second override attempt was voted down again, the school committee feels that they want to hold those budgets for themselves . Level funding in my mind is that everybody bites the bullet and learns to live with it. Selectman Tevald agreed with everything his two colleagues said, and he added that the intent of the override and the purpose for it was intended to resolve fiscal problems in all areas and departments of the town. The Board was in agreement that the work that has been done by the Finance Committee has taken many hours of hard work and to just sit and let things run out of control , it would not be in the best interest of the town. In other business, Animal Control Officer Richard Cunningham re- quested authorization from the Board to pick up, if necessity dictates , animals, such as skunks, woodchucks , foxes etc. , with the stipulation that he might have the skins to salvage as he would see fit. Permission was unanimously granted by the Board. As a matter of record: It was voted that all driveways or approaches that are installed in the future should first be approved by the Highway Superintendent and ratified by a Selectman, and any complaints that come in from citizens should be carefully reviewed by the Department to which it is directed. The Board feels strongly that we cannot afford to get involved in neighborhood squabbles when citizens construe the by-laws and/or regulations to get the town to take action and spend tax dollars to settle their personal vindictive- ness or feuds. Noting that the town has very limited funds for legal expense, a department head to which a complaint is directed should try to settle the complaint to the best of his ability. The Board of Selectmen will prioritize complaints , and if a complaint is given to the Building Inspector, for example, and his determination does not jeopardize the health, welfare and safety of our citizens, his determina- tion will be accepted by the Board. The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING AUGUST 9 , 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros. opened the meeting. Selectmen Joseph Tevald and Alan Adams were present. The following warrants were signed by the . Selectmen: July 26 , 1988 P1 1 , 332 . 12 G3 1 , 706 . 25 W3 81 , 119 . 56 P3 30 ,010 . 48 RS3 2 , 778 . 75, August 2 , 1988 G4 1 , 740 . 00 P4 16 , 417 . 01 W4 26 , 184 . 31 Mrs . Mary Barton attended the meeting and addressed a problem she is concerned with regarding. a house on Cottage Road (that was once occupied by the. late Mary Kelley) . It has become a fire hazardous situation. She complained to the Board that the Naumkeag Trust Company Bank of Salem is Conservator of the Kelley Estate and they will do nothing to expedite procedures in order to correct this situation. She also complained that the Conservator never did lock the building. She said the attorney, representing the estate of Kelley, claims he had locked it up. Now, she added, someone is using it as a dump, on top of everything else. She wondered if the Board of Survey as it Applies to Unsafe Buildings could look into the matter. After a discussion, the Board passed a motion that the Building Inspector should go down and make an inspection tomorrow, and then we ' ll go on from there. The Board unanimously voted to appoint John Burke to serve on the Board of Survey, as it Applies to Unsafe Building (taking over for Charles Bashaw, who is no longer an assessor. ) A letter of resignation from Carolyn Dondero, on the Board of Registrars, was received by the Board and accepted with regret. Laura Dodge was unanimously appointed to fill the vacancy caused by Carol ' s resignation. A discussion on the budget as it stands now, was held. The Board unanimously voted to hold a special town meeting on August 30th at the Round School at 7 : 30 p.m. At that time, voters will act on a proposal to add $25 , 000 . to the $1 . 1 million Triton Regional School budget. In discussing the matter, it was noted that if the special town meeting was not held within thirty days of last Thursday (August 4th) when the Triton School Committee approved its budget, the budget would be approved automatically (according to Supt. Gerald Kohn) . The Board ,said that they felt strongly that if extra money is available, it should not necessarily go to Triton. They said that town employees , who did not receive raises, should be given five percent increases if the town can afford to do so. An article to that effect will also be voted on. In other business, the matter of a sludge-burning plant in the middle of Newburyport' s Industrial Park_, was discussed by the Board. They were of the opinion that this could definitely pose a threat to Little River. Selectman Adams said that he is very concerned about this and the Board unanimously voted to contact Mayor Molin immediately Selectmen' s Meeting (Continued) August 9 , 1988 to let him know that .building the sludge-burning plant in that area would cause problems and they felt that it is their duty to protect Little River against any possible pollution. They said that the run-off from the Industrial Park flows into the Little River that runs through the park and that river flows into the Parker River. The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary , SELECTMEN' S MEETING AUGUST 23 , 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph Tevald and Alan Adams were present. The following warrants were signed .by the Selectmen: August 9 , 1988 W5 65 , 033 . 36 P5 25 , 852 . 34 WG5 495 . 00 W-SR1 2 , 114 . 97 August 16 , 1988 W6 16 , 240 . 63 P6 17 , 064 . 96 RS4 2 , 565 . 00 Mrs . Linda Meehan, who resides on Parker Street, attended the meeting. She addressed the Board and stated that her son, who is eleven, and his friends were recently .riding their dirt bikes in the gravel pit area which is in back of where she resides as a tenant on Parker Street in Dr. Sarni ' s building. She said her son came home on Saturday evening (August 20th) and he was visibly shaken and told her that he and his friends had been chased by some people who are apparently living out in that area. They threatened bodily harm to the boys and told .them to leave them alone. One of the people referred to cahsed the boys with some kind of an instrument, however, he did not touch them, only threatened them and told them to stay .away from that area where they are living as vagrants . Police Chief Merr, stated that in his opinion, no legal action can be taken against the vagrants and added that they may have chased the boys because they thought the children were threatening their home by riding dirt bikes through the area. Police Officer Jay Larcome from the Newburyport Police attended the meeting and said that he has dealth with these people for years and they have resisted any attempts that have been made to assist them. He added, "We can move them, but they' ll just move some place else. It was brought to the Board' s attention that the land in question belongs to a Thomas Bashaw. He will be contacted and the matter will be discussed to see if some solution can be reached. Alan Whitford, Orchard Street, Byfield, attended the meeting with several of the area residents. He addressed the Board and asked them if they would steer him in the right direction, as to how he should go about getting his garage rebuilt after it was destroyed in a fire that occurred on October 2 , 1987 . He said that he would like to resume his business . He said that he asked the building inspector for a building permit but was denied because the business called Federal Auto Body: did not conform with the zoning regulations for that area. He added that last month his request for a variance was turned down by the Zoning Board of Appeals after the Planning Board sent a lE�tter saying that the Zoning Board did not have the power to grant the variance. On the advice of some Zoning Board of Appeals members , he said that he would like to ask that the Board of Selectmen grant him permission to have a hearing. The Board, after hearing all favorable reports from the neighbors and residents of the area, and hearing no opposition at all from anyone in .the audience, Selectmen' s Meeting (continued) August 23 , 1988 informed Mr. Whitford that .they would grant him permission to have a hearing upon the stipulation that he would have to follow the same . process as in the Board of Appeals process . He said that he would start all over again, notifying the Planning Board, the Building Inspector and abutters . The Board was in complete agreement that this is a definite hardship case and voted to give Mr. Whitford any support they could. They set a hearing date for September 13th at 8 : 00 p.m. The Finance Committee was present and the financial condition of the town was discussed at length. Chairman Bruce Irving told the Board, and the other members of the Finance Committee agreed, that we really won' t know how we stand until late September at least, and after that they will discuss it again with the Selectmen. A letter from Wayne Peabody, 14 Maple Terrace, was received and acknowledged by the Board. The letter addressed Mr. Peabody ' s concerns about the feasibility of future development on Maple Terrace. He said. that he has resided on Maple .Terrace for 16 years and during that period of time, the homeowners in that area have lived under substandard conditions . There have been both drainage and septic system problems which have caused serious burdens and inconvenience for many of the residents . Any additional development in that area would, in his opinion, impose additional environmental stress and extreme devaluation to the properties in the area. The letter is on file in the Selectmen ' s office. A traffic count by Merrimack Valley Planning Commission was unanimously ok'd by the Board. The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING SEPTEMBER 13 , 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph Tevald and Alan Adams were present. The following warrants were signed by the Selectmen: August- = :23 , 1988 W7 12 , 213 . 09 P7 " 31 , 238 . 71 RS5 8 ,511 . 67 August 30 , 1988 W8 110,458 . 80 P8 16,598 . 33 WG6 80. 00 W-SR2 1 , 500 . 80 By a unanimous decision of the Board, a Notice of Non-Exercise of Option, regarding land of David S. Caldwell , was signed by the three Selectmen. The land, being more specifically described as follows : Three parcels of land on the Northerly side of Elm Street, Lots 2 , 3 , and 4 , on Plan "A" , entitled, "Plan of Land in Newbury, Louis M. Selectmen ' s Meeting (continued) September 13 , 1988 Holt, Jr. & Son. " No opposition to this action was voiced. At 8 : OO p.m. a public hearing was held with regard to the granting of a Special Permit to Alan R. Whitford, to re-establish an auto body repair service at 96 Orchard Street, in Byfield. Mr. Whitford was in attendance along with forty-two people who came in support of• his re- quest. There were also four letters supporting his request sent in by people who couldn't make the meeting. There were two people who voiced their opposition. Karen Barry questioned the business use in a "residential area. Mrs. Barry resides on Parker River Drive. Carol Foster of 11 Central Court feared that if the Special Permit was granted, it would set a precedent. The Selectmen explained the situation in detail to both of the two women, and they were assured that there was no need for concern. They explained, that number one, this is not a new business , and number two, it definitely would not set any precedent. The Selectmen stated to Mr. Whitford that they wanted to make certain that he would be doing auto body work only and will not be doing any automotive repair work. Mr. Whitford gave his assurance that his only intent is to repair auto bodies , nothing else. A motion was unanimously passed to close the hearing and take the matter under advisement. The hearing resumed and by a unanimous decision, the Board granted the Special Permit only upon the following stipulations and restrictions: That Newbury Zoning By-law 4 . 1 . 3 be explicitly followed: 4 . 1 . 3 Customary home occupation, ( such as professional and business offices , arts and crafts shops , tradesman' s shops and miscellaneous repair services ) , conducted in a dwelling or building accessory thereto by a person residing on the premises , is permitted, provided that: ( 1 ) such use is clearly incidental , and secondary to the residential use, ( 2 ) not more than two ( 2 ) persons other than the resident, is regularly employed thereon, ( 3 ) no offensive noise, odors, glare or unsightliness is produced, ( 4 ) there is no public display of goods or wares, except for such signs as are permitted, and ( 5 ) that there is no exterior storage of materials , equipment ( including the parking of more than one ( 1 ) commercial vehicle) , or waste material that would indicate the presence of the use, or violate the residential character of the premises . In addition, the following restrictions apply to this Special Permit. 1 . No Sunday operating hours . Hours of operation are to be 8 : 00 a.m. to 5 : 00 p.m. 2 . No signs attached to the building. 3 . No vehicles to be parked on street in areas adjacent to building. 4 . No unregistered or junked vehicles to be stored on premises . 5 . This Special Permit, or any Licenses granted to Alan R. Whitford are not transferable, or leaseable, and shall be void in the event of the sale of real estate property on which this building is erected. 6 . Fence is to be erected to keep parked vehicles out of public view. 7 . Building erected is to be limited to 42 x 68 feet in size/ Mr. Whitford was in complete agreement with these stipulations and restrictions . The name of the business will be "Federal Auto Body" . Selectmen' s Meeting (Continued) September 13 , 1988 In other business , the Selectmen, acting as the Board of Health, voted unanimously to extend the acceptable time on previously successful percolation tests on an individual basis . They were all in agreement that not granting extensions would create hardships for people who planned to build, based on the rules that applied at the time the tests were performed. At the Town Meeting on August 30th, an Article was voted in favor of. reducing from 30 to 15 minutes the acceptable time for a percolation test to be completed. Chairman Machiros stated that he hopes to receive an opinion from the Attorney General ' s office on the legality of the town meeting vote sometime next week. The Board accepted with deep regret the resignation of Carolyn Bashaw, who has served on the Finance Committee. Carolyn has served the Town well . A letter, thanking her for all her efforts will be sent from the Board. The meeting adjourned at 9 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING SEPTEMBER 27 , 1988 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph Tevald and Alan Adams were present. The following warrants were signed by the Selectmen: September 6 , 1988 W9 13 , 426 . 67 RS6 2 , 040 . 00 P9 59 , 423 . 19 September 13 , 1988 W10 47 , 656 . 58 P10 16 , 462 . 50 September 20 , 1988 W11 34 , 209 . 38 P11 63 , 061 . 48 Lisa Noyes , who resides at 97 Main Street in Byfield, attended the meeting together with several residents of that area, to complain about cars and trucks speeding on Main Street. Mrs . Noyes presented the Board with a petition signed by 125 Byfield residents who are asking for help from the police in slowing down the speed. They were of the opinion that if a few tickets were issued, drivers would slow down if they thought the area was heavily patrolled. Mr. Frank Beradino of 68 Main Street said that he hadn 't seen any tickets issued in six years . Police Chief Merry said that he has one cruiser assigned to Byfield, and often it is difficult for the officer to remain on one street, adding that the officers do the best that they can, but have several calls to handle in addition to watching for speeders , however, he said that in the light of the close calls cited by the residents , an extra effort to better patrol the area will be made. The residents present were mainly concerned about the safety of their children and said that any extra effort made by the Selectmen' s Meeting (Continued) September 27 , 1988 police would be a great relief to them. A letter from the Attorney General ' s Office, regarding percolation testing was received and read by Chairman Machiros . The letter stated: "I regret that I must enclose the amendment to the General By-Laws adopted under Article 3 of the warrant for the Newbury Special Town Meeting held August 30 , 198.8 , with the disapproval of the Attorney general endorsed thereon" . The letter, in conclusion, added: "Although the State Sanitary Code authorizes stricter local requirements on Percolation testing than those contained in the Code, such requirements may only be implemented through regulations adopted by local Board of Health. They may not be implemented by by-law. " The letter is filed under Board of Health in the Selectmen' s Office. The Alan Whitford matter was brought up and discussed. The Board said that they intend to stand behind their decision to grant a special permit to Mr. Whitford so that he might be able to once again operate his auto body repair shop after it was burned out in October of 1987 . The Planning Board is trying to intervene and reverse the action taken by the Selectmen. The Board felt that if the Planning Board intended to contest the action taken by them, they should have attended Whitford' s hearing to speak in opposition, not wait until the permit was granted and then vote to appeal it. They were of the opinion that the Planning Board should not have any jurisdiction in this matter, and they certainly would not allow the Planning Board to use the Town Counsel for legal advice "in seeking the reversal . They said that the Planning Board would have to pay for an attorney of their own. Mr_ . Gene Palumbo was present at the meeting along with Mr. David ThurloNa who reside on Hanover Street. They complained to the Board that they are concerned about the noise and the fumes coming from MacDonald' s Trucking on Hanover Street. Thev told the Board that MacDonald is operating his business outside of the hours dictated on his license. Mr. Joseph. Stone of 53 Hanover Street also attended the meeting and suggested to the Board that perhaps Mr. MacDonald Would be more .likely to comply with the terms of his license if the Selectmen asked him to attend the next meeting so that the matter could be discussed further. The Board will research the matter and ask Mr. MacDonald to meet with them at their next meeting October llth. Selectman Adams noted for the record that the Harbormaster and the Town of Newbury now has a new boat, and he added that the Harbor Committee has done a good job and he would like to see them continue to have , regular meetings in the future, adding that more work needs to be done in the area of regulations regarding mooring permits , etc. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING OCTOBER 11 , 1988 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph Tevald and Alan Adams were present. The following warrants were signed by the Selectmen: September 27 , 1988 W12 80 , 785 . 10 P12 18 , 440 . 40 RS7 10 , 971 . 67 October 4 , 1988 W13 25 , 704 . 50 P13 62 , 864 . 09 SR3 2 , 796 . 85 Mrs . Susan Fogerty who resides on Central Street was present and addressed the Board with a complaint about cars and trucks travelling at an excessive rate of speed on Central Street. She called attention to several incidents in which children have come close to being hit, and also a school bus was in danger because of a large trailer truck travelling very fast approaching a blind corner, and she said if she hadn 't warned the driver of the school bus , she feared that there would definitely have been a bad accident. The Selectmen asked Chief Merry if he would look into the situation and he said that he would. At the Selectmen' s meeting of September 27th, a complaint was registered against MacDonald Trucking, Hanover Street. The complaint was about the noise as well as the fumes that come from the trucking company. It was the decision of the Board to ask Mr. MacDonald to attend the next meeting. He did attend this meeting together with the neighbors who registered the complaint. Mr. MacDonald said that he couldn 't understand why anyone was complaining, as he felt that he was in a commercial zone and as far as the hours went, he had time cards of all the truck drivers and all of the time cards showed that they didn't punch in until 6 : 00 o'clock in the morning. He said that the men are gone all day and he just couldn ' t figure out what kind of noise was irritating to the neighbors . Gene Palumbo and David Thurlow were present and stated that the trucks are started up a lot earlier than 6 : 00 in the morning and left running. Mr. MacDonald said that the trucks had to be warmed up in order to work efficiently. He added that as far as the looks of the place goes , he has tried to keep it looking as good as he possibly can, but being in the trucking business, the trucks are in full view quite. of_ten, and he said that there wasn 't too much that he could do about that. He said that he will speak to the drivers and make sure that they are .not starting before 6 : 00 a.m. which would be in keeping with a Court Order. The Board informed him that his place of business will be closely monitored in the future, and urged Mr. MacDonald to cooperate and see that the hours ( 6 : 00 a.m. to 8 : 00 p.m. ) are adhered to. Chief Merry said that there will be monitoring by his department as he has had a number of anonymous com- plaints . Mr. MacDonald said that he would cooperate with the hope that there are no further complaints from the neighbors . Four members on the Arts Lottery Commission have served more than six years on the Commission and we have been informed by the Arts Tottery Commission in Boston that after six years, new appointments must be made. Selectmen' s Meeting (Continued) October 11 , 1988 The following four appointments were made by the Selectmen: Margaret Martin, 21 Pine Island Road, Newbury; Carolyn O'Keefe, 3 Withington Street, Newbury; Margaret Miller, 45 Elm Street, Byf_ield; Kathleen Case, 33 Parker Street, Newbury, (Arts Lottery Comm. ) Also Fulltime Dispatchers: Sally Zinck, Charles Eaton and Michael Reilly(6 mo. prob. ) Rosario DeGloria, of Ipswich has asked the Board of Health for permission to install a septic system on Old Rowley Road. The Board unanimously voted to turn it down as Mr. DeGloria may not be able to comply with Title 5 , and they informed him that he should contact DEQE to see what their opinion is before any _further action is taken by the Board. The meeting adjourned at 9 : 00 p.m. Re•�pectful y submitted, Doris Ho ge, Se etar_y--� SELECTMEN' S MEETING October 25 , 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S . Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: October 11 , 1988 W14 128 , 237 . 78 P14 15 , 096 . 67 SR4 500 . 00 October 18 , 1988 W15 17 , 910 . 31 P15 62 , 945 . 02 RS8 10 , 446 . 67 The first matter that was brought before the Board for dis- cussion 'was the Newburyport Emergency Planning Committee designating Scotland Road as a transport route for hazardous materials . Police Chief_ Merry was present and stated that because of a federally mandated emergency_ planning program, the Newburyport committee had named Scotland Road instead of Storey Avenue as a route for truck traffic for hazardous materials . Chief Merry is also Civil Defense Director. He added that Ralph Ayers , Newburyport' s Civil Defense Director, had prepared a letter to send to the industries in the City' s Lord Timothy Dexter Industrial Park, suggesting that route, but had not mailed it yet. He said that Mr. Ayers told him that he would not mail the letter if Newbury objected, and would discuss the matter with his committee. Ayers has previously said that he could not mandate the use of a particular roadway. He said that Scotland Road was recommended as an alternate to Storey Avenue and High and Low Streets because there is less traffic, and an easier access to the Industrial Park and fewer residences . Chairman Machiros said that the Newburyport committee did not notify Newbury before designating Scotland Road for the traffic, and added that he was strongly against that being the sole route and Selectmen Tevald and Adams were in complete agreement. Selectman Tevald said Selectmen' s Meeting (Continued) October 25 , 1988 that he believed that the Board has a responsibility to the residents of the Town as well as to the residents of Scotland Road. Selectman Adams felt that it would have been common courtesy that they touched base with us , and added that Little River which feeds the Parker River, runs beside Scotland Road, and trucks carrying hazardous materials concerns him very much. Newburyport Emergency Planning Committee will be alerted as to the Board' s feelings in this matter. In other business , it was the decision of the Board to send a letter to the Attorney General , requesting that the State reimburse the Town for expenses for litigation concerning the Seabrook Nuclear Power Plant. Chairman Machiros said that the Attorney General had given verbal assurances that Massachusetts would take the financial onus in the litigation, but so far, they haven 't come through. Chairman Machiros estimated the costs at $6 , 000 excluding the free work done by Town Counsel James Lagoulis ' Office. About 12 residents attended the meeting and urged the Board not to recommend the passage of Question 2 in the upcoming election. Question 2 requests the repeal of the prevailing wage law. The Board sympathized with. the residents but stated that they would not take any official position. By a unanimous decision of the Board, the next Selectmen' s meeting will be held November 22nd because of the November 8th election. The Board will meet prior to November 22nd in case any urgent business arises . The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING NOVEMBER 10 , 1988 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The purpose of this meeting was to address the dates for holding a special town meeting as well as a town election. At the special. town meetina, voters will have a chance to consider a proposal for a $14 . 1 million dollar school building addition/renovation project. a special election will be held after the town meeting, at which time the residents will have an opportunity to vote for or against the proposal . Mr_ . John McKeoi,�rn, who resides on Brock Avenue, Plum Island, was present at the meeting. He addressed the Board and said that he was at this meeting for the purpose of making known the concerns of manv of the elderly people that live at the Island, adding that they feel that the upcoming special- town meeting and election should be held after the tax bills ate mailed out and are in the hands of the taxpayers , so they will know Just how they stand as of this re- valuation year. They will then have a better conception as to how Selectmen ' s Meeting (Continued) November 10 , 1988 they wish to vote at the town meeting. Richard Passeri , Chairman of the School Study Committee, together with Selectman Tevald, who is also a member of the Committee both stated that the plans for the school project should not be contingent on the tax bills . Selectman Tevald said that the decision to have the town meeting and the election is based solely on logistics and added that there is nothing hidden. The fact that the bills aren't out is based on the .fact that the Assessors didn' t get the information from the State in time, and if the project is delayed, the Town will be in danger of losing the 69 percent reimbursement from the State. Members of the Finance Committee, Bruce Irving, Keith Walton and Richard Walsh were also present and they as well as Chairman Machiros and Selectman Adams were in complete agreement with Mr. Passeri and Selectman Tevald, in that time is of the essence and the dates for the town meeting, as well as the election should be voted on this evening. A motion was passed to hold the town meeting at the Round School on December 6th at 7 : 30 p.m. and the election will be held on December loth at the Town Hall - 12 : 00 noon to 8 : 00 p.m. This was a unanimous decision, based on the recommendation of the School Study Committee. The meeting adjourned at 8 : 45 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING NOVEMBER 22 , 1988 The Selectmen' s Meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph Tevald and Alan Adams were present. The following warrants were signed by the Selectmen: October 25 , 1988 W16 90 , 595 . 06 P16 18 , 554 . 92 November 1 , 1988 W17 50 , 663 . 39 P17 67 , 447 . 25 RS9 1 , 513 . 50 SR5 1 , 953 . 90 November 8 , 1988 W18 49 ,020 . 76 P18 20 , 287 . 97 RS10 10 , 460 . 17 November 15 , 1988 W19 19 , 430 . 42 P19 61 , 829 . 04 A note was received from Robert L. Upton, 283 High Road, Newbury, asvising the Board that he intends to remove his back land from coverage under Section 61A. Mr. Upton will be notified that proper forms must be made out and he should contact the Selectmen ' s Secretary at his convenience. A dog complaint from Thomas Rodgers , 15 Church Street, Byf_ield, against a dog owned by Paul Ames , 72 Main Street, Byf_ield, was received and entered into the records . A hearing will be held at 8 : 00 p.m. on December 13 , 1988 . Ann Holbrook Willis , Co-chairman of the Community Teen Center was at the meeting. She had sent in information regarding their fundraiser on New Year ' s eve - FIRST NIGHT NEWBURYPORT. She invited the residents of Newbury to take part in everything, beginning with the parade at 4 : 00 p.m. and ending with the fireworks at midnight. Selectmen' s Meeting (Continued) Nov. 22 , 1988 She asked for the Board' s permission to extend their bus route to include the Green as a turn-around point. The Board told Mrs . Willis that the Round School on Hanover Street would be a good place to pick up passeners and patrons could leave their cars in the School Parking Lot in back of the School if it meets with Principal. Joy' s approval . The meeting adjourned at 8 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING DECEMBER 13 , 1988 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: November 22 , 1988 W20 63 , 502 . 9.5 P20 18 , 769 . 24 November 29 , 1988 W21 20 , 758 . 73 P21 87 , 919 . 94 RS11 2 , 115 . 00 The Board unanimously agreed to the following increases in fees : Septic system installer ' s license: from 50 . 00 to 100 . 00 Septic system inspection: from 15.. 00 to 25 . 00 Septic system repair permits : from 10 . 00 to 50 . 00 New septic system construction permits : from 10 . 00 to 50 . 00 Well permits : from 15 . 00 to 50 . 00 Well inspections : from 15 . 00 to 25 . 00 Beauty, bait and grooming shops : from 10 . 00 to 25 . 00 One-day liquor licenses : from 10 . 00 to 50 . 00 with the exception of non-profit organizations (no charge ) . The raising of resident dump permit fees will be considered after the new year. Upon Chief Merry ' s, recommendation, and after careful consideration, the Board unanimously appointed Thomas White and Richard Heath as full time police officers . These two officers will graduate from Police Academy in Topsfield on December 14th. At 8 : 00 p.m. a dog hearing was held. The complaint was brought by Thomas and Patricia Rodgers , 15 Church Street in Byfield. They complained about a dog, owned by Paul Ames, 72 Main Street. Mrs . Rodgers addressed the Board and said that the dog in question is a pit bull . She had left her two cats on the screened-in porch and the dog bolted through the screens and chased the cats . The screens had to be repaired, which took time, and cost Rodgers considerable money. Mr. Ames said that he wasn 't aware that the dog had caused this trouble, adding that he had three children and never had seen any sign of the dog being vicious . He also said that he usually keeps the dog re- strained. Mr. and Mrs . Rodgers said that they understood that the animal control officer would be the one to speak to the owner of the dog, so they never did approach Mr. Ames with the problem. Mrs . Rodgers said that she is expecting a child in the near future, and would feel uneasy leaving the child on the porch if the dog was not restrained. The Animal Control Officer, Richard Cunningham, said that he did not feel the dog is a menace. He was asked for his recommendation. He recommended that the dog be restrained in order to avoid any further Selectmen' s Meeting (Continued) Dec. 13 , 1988 incidents . The hearing was closed and the matter was taken under advisement. The hearing resumed, and the results were as follows : Mr. Ames will make reasonable compensation to Mr. and Mrs . Rodgers for the screens that were damaged by his dog. Mr. Ames was ordered to restrain his dog during the hours of 8 : 00 a.m. to 6 : 00 p.m. , while he is working, and any other time that he is not at home. He was informed that upon receipt of the Board' s order ( in writing) , he had. ten days to appeal to the District Court of Newburyport if he so desired. Mr. Ames was very agreeable and said that he would make reasonable compensation and would also restrain his dog as ordered. Mrs. Margaret Stone, 8 Grove Street, was given permission to use the Byfield Town Hall , every other Monday, from 2 : 15 p.m, to 4 : 30 p.m. to hold Scout Meetings with the following stipulation. Mr. Robert field, the custodian of the Town Hall must be contacted, in order that these meetings will not conflict with any other organization that has already scheduled activities . She will be responsible for seeing that the Hall is left in a clean condition. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING DECEMBER 27 , 1988 The Selectmen' s Meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: December 6 , 1988 W22 35 , 681 . 29 P33 17 , 457 . 11 SR6 1 , 953 . 90 December 13 , 1988 W23 56 , 433 . 72 P23 80 , 580 . 84 RS12 662 . 05 December 20 , 1988 W24 53 , 435 . 33 P24 15 , 470 . 28 RS13 8 , 406 . 67 Upon the recommendation of Chief Merry and after careful considera- tion, the Board unanimously appointed Alan Maguire and Michael McGrath as Reserve Officers ( 6 months probation with option of extension for additional 6 months ) . Both of these men have received Police Academy training. The Board accepted the resignation of Karen Boxell from the School Committee. Finance Committee member Keith Walton has resigned from that committee. The Board accepted his resignation with regret, as he has served the town well . The School Committee is expected to attend the January loth meeting with the expectation that the unexpired term of Mrs . Boxell will be filled. It was noted by the Board that former Selectman Henry Webb has passed away. Mr. Webb will be sadly missed by many Newbury residents . Selectmen' s Meeting (Continued) December 27 , 1988 Regarding a recent Court decision involving the Board of Appeals and Byfield Radiator, Town Counsel is of the opinion that the case is appealable, based on the Judge ' s decision, and that it would be in the best interest of our town to look into an appeal , so as to defend the spirit in which the by-law was written, and to safeguard against other_ possible litigation. By a unanimous decision, it was agreed to proceed under Town Counsel ' s Opinion being in the best interest of the Town. A communication was received from the Planning Board with reference to Planning Board Representation by Town Counsel ' s Waiver of Conflict of Interest. The letter read as follows ; Dear Mr. Machiros : Pursuant to our recent conversation relative to Town Counsel representation of the Planning Board, this is to advise that the Planning Board, at their December 21 , 1988 meeting, voted unanimously to waive the conflict of interest and is willing to have Town Counsel represent the Planning Board on all issues other than the Whitford Special Permit matter. If_ you have any questions , or wish to discuss this further, please do not hesitate to contact me. s/ Elaine Byrne, Clerk The letter was acknowledged, however, Chairman Machiros wished to make it clear that he never had any "recent conversation" , as the letter indicates . The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING January 10 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: December 27 , 1988 W25 114 , 179 . 62 P25 70 , 749 . 87 RS14 105 . 00 January 3 , 1989 W26 29, 368. 88 P26 17 , 256 . 26 SR7 1 , 953 . 90 A vacancy on the School Committee was addressed. Karen Boxell has resigned her position. Members of the School Committee were in attendance together with three applicants (Gretchen Hunsberger, Gerry Slotnick and John L. Kriegel ) . Mrs . Hunsberger was the first applicant to address the Board. She stated that if appointed, she would work to establish some sort of long term possibilities, and more especially, after school programs , which would not cost the taxpayers any extra, and would be volunteer work on her part. She said she also favors the idea of having teacher aides as the third and fourth grades are really over-crowded. She said that she has two children, one seven and one who is two and therefore she is very interested in getting them the best education possible, and with her experience as a volunteer in the Wenham School System she felt very confident that she could work very Selectmen' s Meeting (Continued) January 10 , 1989 well with the present School Committee members . Mrs . Slotnick was next to address the Board. She said that she strongly supported the School System. She felt that the school budget process was a balancing act and there are going to be hard decisions to make in the near future. She added that she felt that what we have is really good and we are at a crossroad. She felt that her deep interest in the education system would make her a good candidate for the School Committee. Mr. Kriegel was next to address the Board. He said that he had previous experience serving on the School Committee, but he also noted that he failed to win re-election in the Spring of 1988 . He stated that he is a 44 year old attorney and a veteran of the Proposition 2Z wars and familiar with the school budget process . He said that while towns are facing a fiscal wall , caused by Proposition 22 - and an override situation is a possibility, he felt that the role of the School Committee is to go to the community with as much information as possible and let the voters make an informed decision. He said that if he was appointed, he promised to use his experience to work to improve communication between the School Committee and town residents . Both the School Committee and the Selectmen stated that they were impressed with all three applicants, and at this point the School Committee said that they would take a vote. It turned out to be a tie vote - two for Kriegel and two for Slotnick. Another vote was taken and it was still a tie vote (two for Hunsberger and two for Slotnick) . At this point, the Selectmen were asked if they would make the final decision. The Board voted unanimously to support the appointment of John Kriegel . Chairman Machiros stated that he hoped Mr. Kriegel would put his experience .on the Committee to work with the assurance that he will run again and work hard at it, adding that he hoped Mr. Kriegel would have a little more understanding for both sides of the fence in upcoming budget deliberation, and a possible override of Proposition 22 , adding "we all have to cope, not just the school children. " Mr. Kriegel agreed with Chairman Machiros ' recommendation. At this point the two school committee members who had changed their vote to Hunsberger, changed back to support Kriegel . The School Committee said that they looked forward to working with John, and he thanked them and the Selectmen for their vote of confidence in him. In other business , the Chairman addressed Chief Merry. He said that he felt that the Chief had done an excellent job, and he would like to express his appreciation to him at this time. Selectmen Joseph Tevald and Alan Adams were in complete agreement, and by a unanimous agreement, Chief Merry was given a three year appointment, effective this date. Chief Merry expressed his appreciation and accepted his appointment. The Board and the Chief were in agreement that open communication is important in solving the problems that arise. In other business, Mrs . Helen Rogers sent in her resignation from the Council on Aging. Mrs . Rogers has been a valued member of the Council . Her resignation was accepted with deep regret. Chairman Machiros announced that Mel Nelson, owner of the Danvers Yacht Marina in Danvers Yacht Marina in Danvers has given to the Town 11 , 000 cubic yards of DEQE approved soil to be used to help cap the land fill . The Chairman stated that this will be for partial capping Selectmen' s Meeting (Continued) January 10 , 1989 of the landfill as part of its final closing plan. Mr. Nelson is giving away this soil valued at over $50 ,000 because he needs to make space for additional slips . Chairman Machiros said that the unexpected gift was certainly a good start in the process of partially capping the landfill . He made it clear however, that the arrival of the dirt does not mean that the dump will be closed, adding that the final closing of the landfill is 36 to ,48 months down the road. The dirt will arrive from Danvers on the days the dump is closed, and will be placed over parts of the landfill under the guidance of the DEQE. Because the soil is taken from saltmarsh land in Danvers, the Chairman said that it is good cover for the dump. He added that the procurement of the dirt is a sign that the town is trying its best to follow the directives of the DEQE in capping and phasing out its landfill . It shows that we are at least trying to comply with all the regulations . Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING January 24 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald was present. Selectman Alan I . Adams was absent. The following warrants were signed by the Selectmen: January 10 , 1989 W27 43 , 570 . 46 P27 70 , 434 . 88 January 17 , 1989 W28 553 , 994 . 11 P28 16 , 146 . 67 RS15 8 , 406 . 67 January 24th W29 20, 217 . 87 P29 70 , 130 . 58 RS16 105 . 00 Two representatives from the Boy Scouts of America attended the meeting and requested the Board' s permission to use the Byfield Town Hall as a meeting place once a week. The Board explained that the Girl Scouts were given permission to use the Hall on a bi- weekly arrangement and they would prefer giving the Boy Scouts the same privilege. Mr. Frank Lane was present and expressed his apprecia- tion, saying that bi-weekly meetings at the Hall would be agreeable. He was told that he should contact Mr. Field, the custodian to obtain information as to what nights would be available and he was also informed that he would be responsible to see that there is orderly conduct without excessive noise, and the hall is to be left in a clean condition. Also, if these stipulations are not met, permission to use the hall will be terminated. Mr. Lane was very agreable with these terms . The Board appointed Mr. Robert Woolf to fill a vacancy on the Finance Committee. This appointment is tentative, pending Selectman Adams ' return. The meeting adjourned at 8 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING February 14 , 1989 The Selectmen's meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Board: January 31 , 1989 W30 209 , 150 . 93 P30 16 , 461 . 90 RS17 8 , 097 . 53 SRW #8 (COA) 1 , 953 . 90 February 7 , 1989 W31 35 , 025 . 90 P31 65 , 853 . 18 Mr. Richard Passeri, the Chairman for the School Building Committee attended the meeting and addressed the Board, saying that his Committee expects to finalize a contract with the architect for the $14 . 1 million elementary school addition, and renovation project in approximately one month; adding that state funding for the project remains uncertain. He said that the proposed total fee for the services of Drummey Rosane Anderson, Inc. , of Newton Center is $776 , 000 . Of that amount, 750 or $582 , 000 . would be for the completion of documents during the design phase, with the balance of $194 ,000 to be paid for supervisory work by the architect during construction. Mr. Passeri said that the architect ' s fees is contingent on the project receiving reimbursement from the State; adding that if for some reason that doesn't happen, he doesn't get his money either. He stated that the December 6th town meeting vote in favor of the project authorized the borrowing of up to $700 ,000 for planning or design purposes ; and the $582 ,000 fee will be taken out of that amount, with the other fee to come out of the final construction bonds . Town Treasurer Dolores Krupowicz said the paperwork for the early borrowing is being reviewed by bond counsel , which will notify the State Department of Revenue when the process is complete and the town may borrow. She estimated that final word may come in two or three weeks . Mr. Passeri said that such a timetable was acceptable, because he expects the final details of the contract to be worked out by mid March. He said that his committee is still counting on breaking ground in mid 1990 . If there is no state money available by then, he said the town will keep its completed design documents on hand, so that when the money does come, we can go out for bid. Chairman Machiros said that he was hopeful that the town could get funding in order to avoid any expensive delays caused by updating of postponed plans . Mr. Passeri said that the contract will be reveiwed by an outside consultant, town counsel and the town auditor before it is finalized in order to comply with State Law. The Board appointed Mary Rogers to the Council on Aging, filling the vacancy caused by the resignation of Helen Rogers . They also accepted with regret the resignation of Charles Bosworth from the Personnel Board. At 8 : 00 p.m. a public hearing was held on petition of New England Telephone and Telegraph Company and Mass Electric Company, Petition #623 dated December 5 , 1988 , to place two poles on either side of Scotland Selectmen' s Meeting (Continued) February 14 , 1989 Heights adjacent to property of Michael Shaw, 93 Scotland Road. A representative .of the Telephone Company spoke in favor and 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. The appointment of Robert F. Woolf to the Finance Committee was unanimously agreed upon ( Selectman Adams was absent last meeting when this appointment was brought before the board. ) The Selectmen discussed the rubbish disposal by-law which forbids the dumping of any trash generated outside the town. The by-law, passed at last year ' s annual town meeting, carries a $300 . 00 fine for violators . Copies of the regulation will be handed out at the landfill in order .to make residents aware that the by-law is in place, and the town will prosecute. Police Chief Merry was directed to continue to investigate potential cases of unauthorized people with suspicious loads such as construction material going in to the landfill . ACO Richard Cunningham addressed the Board and asked if they would consider James Cunningham as a replacement for him, should the time ever come when such replacement would be required. James Cunningham is , and has been, the assistant animal control officer for the past several years . Mr. Cunningham stated that for the record, he is now a certified ACO having completed the required course. Y The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING FEBRUARY 28, 1989 The Selectmen ' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting. Selectman Alan I . Adams was present. Selectmen Joseph S. Tevald was absent. The following warrants were signed by the Selectmen: February 14 , 1989 W32 135, 309 . 91 P32 16 ,665 . 17 RS18 8 , 437 . 41 February 21 , 1989 W33 37 , 187 . 08 P33 66 , 653 . 43 RS19 5 , 251 . 24 The Board addressed a communication from the Conservation Commission which read as follows : "Enclosed is a copy of the proposed "Conservation Restriction" for the "Oulde Newbury Center on Kent Way in Byfield. The Conservation Commission recommends changes to Section 3-B, and Section 6 , by deleting wording for a 7 days ' notice for inspections by Town Boards . All other sections are recommended by the Conservation Commission. s/ Charles Powers , Chairman A motion was unanimously passed to accept the restriction as written, subsequent to the approval of the Byfield Water District. Selectmen' s Meeting (Continued) February 28 , 1989 The members of the Newbury School Building Committee have requested that the Board of Selectmen award a contract to Drummey Rosane Anderson, Inc. , of Newton Center, Mass . , for the design and construction supervision of the renovation of , and addition to, the Newbury Elementary School . A, motion was unanimously passed that the Board ratify the recommendation of the School Building Committee to engage the firm of Drummey Rosane Anderson, Inc. The Board discussed Camp Sea Haven at Plum Island. Parker River National Wildlife office have indicated their intention to raze the camp in an effort to restore the land to its natural state. The Selectmen sent letters to Congressman Nicholas Mavroules , Rep. Thomas Palumbo, Senators Robert Buell , Edward Kennedy and John Kerry, support- ing a bid by Turning Point, Inc. , of Newburyport, to take over the operation of Camp Sea Haven, a former camp for cerebral palsy victims. Essex County Mosquito Control of Rowley has notified the Selectmen that State funds for spraying may be eliminated and they needed the support from the Board stating how important spraying is for our community. The Board unanimously gave that support, saying that if spraying is not done, it will present quite a problem and possibly endanger the public health. In other business , the Board unanimously appointed Joseph Stone as a special police officer for the Byfield Elderly Housing, Inc. Alexander Kovel and his wife affended the meeting for the purpose of airing a complaint they have regarding war games which are taking place in the immediate area of their camp on the banks of the Parker River. He said that these war games are constantly being played on land owned by Joseph Story. Mr. Kovel stated that plastic bullets are used by the players and these "bullets" are filled with red dye. He added that the games often start as early as 7 : 30 a.m. and do not end until 7 : 00 p.m. and the noise is a terrible invasion of their peace and quiet. He said that the players . have even entered their cabin while they were not there and have shot the dye all over the windows and walls . Mr. Kovel said that the game is run by a Mr. Arsenault of Saugus , who charges the players for the right to play and sells them pellets and refreshments including beer on the property. Police Chief Merry said that the game used to be run on land owned by Story on the Northern bank of the river, near Oldtown Hill , but was moved across the river approximately three years ago, after complaints from the Trustees of the Reservation. He added that the "Pursuit" business had everything in order at that time, but he had not talked to Story or Arsenault about it recently. The Board felt reluctant to condemn the war games until Zoning Enforcement Officer David Caldwell investigates and makes a determination. The matter will be looked into as soon as possible. The- meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING MARCH 14 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: February 28, 1989 W34 32 , 753 . 89 P34 20 , 906 . 06 RS20 408 . 18 March 7 , 1989 W35 141 , 103 . 35 P35 64 ,156 . 42 SR9 1 ,953 . 90 RS21 204 . 93 The Town of Rowley is celebrating their 350th anniversary and they have innvited the Board of Selectmen to join with them in their planned activities . A letter will be sent to the Rowley Officials letting them know that we will be glad to participate with them in their celebration. It was noted that there are people picking the dump on Saturdays . The Board asked Chief Merry if he would check to see that this practice is stopped because of safety reasons . The Chief stated that he would look into the situation. A letter from Massachusetts Bay Transportation Authority was addressed by the Board. The letter stated that they are currently engaged in developing an Environmental Impact Statement, Alternatives Analysis and Preliminary Engineering for an extension of Commuter Rail from Ipswich to Newburyport. Adding that the purpose of the letter is to inform us that work has indeed started and requested our co- operation with their technical representatives . The Board was in complete agreement that the Authority should be notified that they have the complete cooperation of the Selectmen and we look forward to meeting with their technical representatives . The Byfield Fire Department, d/b/a Protection Fire Co. #1 requested that an all alcoholic, one-day liquor license, for on premises consumption,. be issued for the Annual Firemen' s Ball to be held at Gov. Dummer Academy Gymnasium on Saturday, March 18 , 1989 , from the hours of 5 : 30 p.m. to 1 : 00 a.m. The Board unanimously granted their request. At 7 : 50 p.m. a public hearing was held on petition of New England Telephone and Telegraph Company and Mass Electric Company, Petition #624 , dated January 30 , 1989 , to move one pole 7/64S now adjacent to property owned by BKF Industries, Inc. There was no opposition voiced. Mr. Moinahan, a representative of Mass Electric spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing resumed and Selectmen unanimously granted their request. At 8 : 00 p.m. a representative - U. S. Healthcare, Phyllis Mann, attended the meeting and presented information to the Board that described the health care policy that she said could be an alternative to the Blue Cross program. She left information about the program and it will be studied by the Board. Selectmen' s Meeting (Continued) March 14 , 1989 By a unanimous decision of the Board, a Notice of Non-Exercise of Option, regarding land of Susan P. Little, was signed. The land is more specifically described as "5 . 26 acres of land from R35-8 , Boston Road, Newbury, Mass. , being a portion of Parcel 3 , described as Book 9300 , Page 529 , with Essex Couth District Registry of Deeds . Also known as Lot 104 , on plan dated December 7 , 1988 . " No opposition to this was voiced. (Note: This property is under M.G.L. 61A, S14 ) . Mr. Joseph Arsenault, who operates the war games called "Pursuit" on the property of Joseph Storey along the Southern bank of the Parker River west of the Route 1 Bridge, attended the meeting. Mr. Arsenault was not on the agenda, however, out of courtesy, he was allowed by the Board to speak briefly as to why he was at this meeting. He said that after reading the newspaper, regarding the War Games, he felt that he should come and clarify a lot of the printed information that was not true.. First of all he said that for a $10 . 00 fee, he equips the participants with guns that shoot pellets that release paint. He said that he has never sold beer as Mr. Kovel and his wife have complained and he does not allow drinking or smoking during the games . He said that the 19 times he conducted the games , the couple ' s cabin has never been entered or vandalized. Building Inspector David Caldwell was called upon by the Selectmen. Mr. Caldwell stated that he visited the site three times but did not see the games in operation. He said that his only authority was, if a business was being conducted without a permit. Police Chief Merry said he could find no definite violation, but only found some trash on the property. Selectman Adams said that his only concern was if a business was being conducted. Mr. Arsenault stated that Mr. Story does not charge him for the use of his land, adding, "I do have a cooler and I do sell soft drinks . " Mr. Caldwell was asked for his recommendation and he said that he would come up with a determination. Mr. Arsenault stated "I do charge ten dollars and they do get their equipment from me. " Mr. Caldwell stated that he will send a copy of his report to the Kovels and to the Selectmen. In other business , the date of holding the Town Meeting was discussed. Finance Committee Chairman Bruce Irving said that he would recommend delaying the session, because his Committee is unsure of the money the town will be receiving from the State. Chairman Machiros suggested and the other members agreed to call the town meeting on April 18th as scheduled and continue it to a future date (tentatively May 16th) . The election date will still be the 22nd of April . The nock town meeting is scheduled for April 13th. Selectman Tevald plans to go to Russia with his son who will play hockey there. A motion was unanimously passed to have Selectman Tevald present a Newbury Flag to the officials of the town where the hockey game is scheduled to be held, and we would be most appreciativ if we could receive a Russian Flag in return. The meeting adjourned at 9 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING MARCH 28 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I. Adams were present. The following warrants were signed by the Selectmen: March 14 , 1989 W36 39,851 . 40 P36 18 , 401 . 85 RS22 8,406 . 67 March 21 , 1989 W37 19 , 508 . 07 P37 62 , 936 . 52 Mr. John Morris was present at the meeting. He addressed the Board and requested permission to construct a driveway from Downfall Road to property that he owns within the Town of Newbury. He said that he wishes to improve the said road, a public way in the Town of Newbury, to facilitate ingress and egress from his property. He presented an Indemnification Agreement that he wished the Board to sign. After reading the Agreement, the Board informed Mr. Morris that they would like to have Town Counsel look it over first and they will follow his advice. Paul Turbide and Robert Kelly, representing Port Engineers , attended the meeting to discuss a plan they have that will add ten to fifteen years to the life of the troubled landfill . Their plan is a mining process in which the bottom layers of dirt underneath the trash are uncovered and used as a cover:-.. The lower areas of the dump would then be filled with newer refuse, while the excavated dirt would go on the top, allowing the area to accommodate more dumping. Mr. Kelly estimated the cost of the study which will include test t borings at $25 , 000 . He said that for the possibility of saving the Town one million dollars in closure costs, a $25,000 study is quite reasonable. The Selectmen were in agreement that mining may be a cost-saving answer to the Town ' s trash future. Mr. Kelly said that he would like to emphasize that even if the mining process is a success , the town should still pursue other trash disposal options, suchas a transfer station and recycling, to develop a sensible long term plan. .The Board was in agreement to start the first phase of Port Engineering ' s Plan. In other business , three residents .of Parker River Drive appeared at the meeting and complained about a "one-way sign" which was put up recently on the cul-de-sac. The sign directs motorists to go to the right, and drive counter-clockwise in the circle. Mr. William Lepito said that the sign seems to direct drivers directly up his driveway at number 18 . Dr. Stephen Weider of No. 20 , presented a petition signed by 20 residents of the immediate area, saying that they were not informed of the posting of the sign and asking that it be removed. Richard Bolton of 19 Parker River Drive said that it seems impractical for everyone to go around the "merry-go-round" . The residents were of the opinion that the sign was posted as a result of complaints by a neighbor who has had disputes with other resident. The Selectmen stated-'. that they will discuss the matter with Chief Merry in order Selectmen ' s Meeting (Continued) March 28 , 1989 to clarify the reason why the sign was erected. Mr. Lawrence Jones , Kent Way, attended the meeting and asked the Board if they would notify him if at any meeting, Mr. Robert Kelly was on the agenda for the purpose of discussing his proposal to widen Kent Way as part of his plan in purchasing the Howard Johnson property. The Board said that if Mr. Kelly did attend a meeting for that purpose he would be notified so that he might also attend the meeting to address his concerns with reference to the widening of the Way. Mr. Walter L. Yale attended the meeting for the purpose of notifying the Board that he was applying for a "Change of Manager License of B.Y. - Field Associates , Inc. , d/b/a D & J Liquors from Richard C. Boettcher to Walter L. Yale. He wishes to have a hearing on the matter and the Board was in agreement that such a hearing will be held on April 11 , 1989 at 8 : 00 p.m. Mr. Yale will see that the hearing will be advertised in the Newburyport News. The meeting adjourned at 9 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING APRIL 11 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: March 28 , 1989 W38 122 , 552 . 51 P38 20 , 220 . 95 RS23 105 . 00 April 4, 1989 W39 68, 265 . 59 P39 62 , 975. 02 The Board unanimously approved the transfer of a liquor license from B. Y. Field Associates, d/b/a D & J Liquors at 53 Main Street from Richard C. Boettcher to Walter L. Yale. Mr. Yale said that he was buying out his partner, Boettcher, and will be the manager of the store. The subject of the one-way sign at the cul-de-sac on Parker River Drive was once again brought before the Board by residents of the Drive. Harold St. Claire of number 17 Parker River Drive said that it was his opinion that the one-way sign was necessary for public safety. He also urged the erection of a slow-children sign and a posted speed limit of 20 MPH. Chief Merry was asked for his opinion, and he said that if a bear-to-the-right sign was available, he would prefer that type rather than "one-way A sign of that type is on order, and will take the place of the one-way sign. The Board was in complete agreement. A complaint about an unoccupied trailer on Fruit Street was brought before the Board by Mr. and Mrs . Theodore Kirby, 52 Fruit Street. The Building Inspector, David Caldwell , was asked for his recommendation. Mr. Caldwell stated that the trailer is on property which Hilda Walsh of Georgetown, is a trustee of a minor who owns it. The trailer has no water, it has broken windows and beer bottles and cans inside and out. He also added that the property is a manace to public health and Selectmen' s Meeting (Continued ) April 11 , 1989 safety, although not a hazard. The complaintants were given permission by the Board to call upon the Police, if loud parties are held there that are proving to be an annoyance to them. The matter will be looked into by Mr. Caldwell , who said that he would find the owner of the trailer and ask that they clean it up. Chairman Machiros said that this is the first step - to ask if they will correct the situation and give them a reasonable amount of time to comply. . Should they not agree to clean it up, the Board was in agreement that they will "dig in their heels to solve this problem" . The Annual Town Meeting which was scheduled for April 18th will not be held on that date and the Board expects that it will be held either the latter part of May or early in June. The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING APRIL 25, 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. Selectman Tevald has just returned from the Soviet Union where he accompanied his son' s hockey team on a two week tour. While there he traded a Newbury Flag for a Ukranian Banner. He said that his son' s team, the North Shore Raiders, was chosen to play Soviet and Czech teams . The Raiders won three of the four games they played and Jeremy Tevald was named most valuable player in the first contest. On April 22nd, Chairman Machiros was elected Selectman for another three year term. The Board reorganizes at the first Selectmen' s meeting following the election, and by a unanimous vote, Selectman Machiros will serve as Chairman for the ensuing year, and as Selectmen' s Coordinator for a three year term. Also by a unanimous vote, Selectman Tevald will serve as Clerk for the ensuing year and Selectman Adams will serve as third member of the Board. The following warrants were signed by the Selectmen: April 11 , 1989 W40 141 , 362 . 53 P40 17 , 521 . 89 April 18 , 1989 W41 19 ,248 . 26 P41 63 , 126 . 92 RS24 2 , 657 . 75 It was voted unanimously to post warrants at the following locations in Newbury: Richdale, Pearson Complex, Byfield Post Office, Dick' s Variety, P. J. ' s Variety and the Library in Byfield. The subject of the railroad revival was next on the agenda. Representatives of Mass Bay Transportation Authority were present and presented their latest plans for the revival . Their plan calls for the line that ends in Ipswich to extend to the Route 1 Traffic Circle They said that the State has earmarked twelve million dollars of a 1988 bond issue to pay for half the cost of the work. The other por- Selectmen' s Meeting (Continued) April 25 , 1989 tion is expected to come from the Federal Government. The Selectmen voiced their support for the project, and informed the representa- tives that the Board wants a fully approved impact study from them and they will also be expected to work closely with the Conservatio Commission on this project. The Representatives were in complete agreement with these requests . The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING MAY 9 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: April 25 , 1989 W42 22 , 562 . 30 P42 21 ,433 . 41 May 2 , 1989 W43 147 , 837 . 59 P43 65 , 028 . 96 SR11 1 ,953 . 90 The matter of the attendant at the town landfill being suspended for his conduct of improprieties was discussed by the Board who unanimously voted to schedule a hearing on the matter for Tuesday, May 23rd at 8: 00 p.m. A letter advising him of the hearing will be delivered to Mr. Webb in hand. The letter will advise him that it could be anticipated that the hearing will be held in Executive Session, in accord with Mass General Laws , Chap. 39 , Section 23B. It will also advise Mr. Webb that under the provisions thereof he has a right to be present, to have counsel or a representative of his own choosing present and attending for the purpose of advising him and not for the purpose of active participation in said Executive Session. For the record: Under date of May 5 , 1989 , Mr. Webb was , hand delivered, a notice that he was suspended for his conduct of improprieties as a landfill attendant for the Town of Newbury. The letter further informed him that he has been suspended without pay until further notice and that he would be notified of a hearing regarding this matter. Mr. Webb refused to sign for the letter. Fire Chief Verne Noyes and Captain of the Byfield Fire Depart- ment William Pearson have notified the Board of Selectmen that Mr. photis Theodorou is the operator at the Gulf Station located at 13 Central Street in Byfield, and at this station there is an under- ground storage tank that is leaking gasoline into the ground, thereby contaminating the ground and causing a fire and explosive hazard of the affected area. He has been notified by the two officials to take immediate action to remove the storage tank and to recover the leaked gasoline from the contaminated ground located at the Gulf Station at 13 Central Street, Byfield, and any other area contaminated by the leak. Mr. Theodorou was also ordered that all flammable and/or explosive vapors in the area listed above be reduced to a level that Selectmen' s Meeting (Continued) May 9 , 1989 will eliminate the fire and explosive hazard in the affected area, thereby insuring safety to the residents of Byfield. A copy of a letter dated April 19 , 1989 was presented to the Board for their record. The two officials stated that Mr. Theodorou had been also notified prior to April 19th, but there was no action taken by him. The Board unanimously agreed that the Fire Chief should notify him that if he does not co-operate and correct the situation immediately, his License to Sell will be revoked. In other business, the Selectmen unanimously agreed to sign a Notice of Non-Exercise of Option, regarding the Robert L. and Sylvia Upton property located at 283 High Road, Newbury, and described in a deed from Robert L. Upton, dated June 5 , 1973 , and recorded with the Essex South District Registry of Deeds , in Book 5980 , Page 756 (containing 6 . 28 acres , more or less ) . The Notice of Intent to Sell has been submitted to the provisions of Massachusetts General Laws, Chapter 61A, S. 14 . The Board unanimously agreed to ask all department heads to attend informational meetings on May 22nd and June 5th in order to discuss their respective budgets . The public is also welcome to attend these meetings at which time they will be able to ask any questions they might have in order to prepare for the annual town meeting on June 13th. The Board also agreed to hold a meeting on May 30th at 7 : 30 with engineer Robert Kelly of Port Engineering to discuss the needs of the Town Landfill . The Selectmen also unanimously appointed Deputy Police Chief Andrew Avelis, Jr. , as an Assistant Harbormaster and his term will expire June 30th, 1990 . The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING MAY 23 , .1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: May 9 , 1989 W44 125 , 232 . 62 P44 21 , 394 . 09 May 16 , 1989 W45 168 , 823 . 68 P45 65, 004 . 37 RS25 1 ,612 . 69 At the meeting held on May 9th, Fire Chief Verne Noyes and Captain William Pearson alerted the Board that Mr. Photis Theodorou, who operates the Gulf Station, located at 13 Central Street in Byfield has an underground storage tank that is leaking gasoline into the ground, contaminating the ground and causing a fire and explosive hazard of the affected area. The Board unanimously agreed (at the May 9th meeting) that the Fire Chief should notify Mr. Theodorou that Selectmen' s Meeting (Continued) May 23 , 1989 he should correct the situation immediately, or his License to Sell will be revoked. Fire Chief Noyes was in attendance and reported that Mr. Theodorou said that he was really making an effort to have the tank removed and asked for a little more time to do this . A motion was unanimously passed to forward the information to Town Counsel for his immediate action. At 8 : 00 p.m. a hearing regarding the misconduct of landfill attendant Albert Webb was scheduled. Mr. Webb was asked if he cared to have an open hearing or a closed one. He stated that he wanted a closed hearing. Chairman Machiros then asked for a motion to go into Executive Session with respect to this matter. Selectman Adams made the motion that the Board go into Executive Session. By a roll call vote, Selectman Tevald seconded the motion and Chairman Machiros made it unanimous and stated that the Board would reconvene after the Executive Session. At the end of the Executive Session, a motion was unanimously passed that the hearing be closed and the matter taken under advisement. The hearing then resumed, and a motion was unani- mously passed to dismiss Mr. Webb from service, and he will receive notice of his dismissal in writing. A motion was unanimously passed to go back into regular session. In other business , the Selectmen scheduled a hearing on a dog complaint for June 6th, at 7 : 30 p.m. The complaint is from John McKeown of Brock Avenue, Plum Island, concerning a dog owned by his neighbor William MacKinnon of 3 Brock Avenue. Upon Chief Merry' s recommendation, the Board appointed nine full time lifeguards and six substitutes . Full time are Jeff Jones , John Stebbins, Tom Mahon, Eric Bell , Kim Magner, Dana Atherton, Shane Smith, Peter Hursty and Kirsten Spanger. The Subs are Amy Dondero, Laura Nastasia, Rocco Nastasia, Gene Novak, Bob Cattan and Scott Barney. Chief Merry suggested that the Lifeguards begin their service in May and serve through September. The Board was in complete agreement with this . The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary t SELECTMEN' S MEETING May 30, 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. A public hearing was held regarding the Landfill . Robert Kelly, representing Port Engineering with reference to final closure plans of the landfill was present along with interested residents .who had questions they wished to have answered this evening. Chairman Machiros introduced Mr. Kelly to the group stating that he would be making a presentation of his plans and if they' had any questions at all this was a good time to get the answers . Mr. Kelly described what was presently being done at the landfill . Brush and metal are being separated and that is expected to give us a half year ' s extension. A long term plan has not as yet been finalized. Selectmen' s Meeting (Continued) May 30 , 1989 A solid waste management program will be drawn up with a twenty year approach. A program will start right after the town meeting. A regionalized program will be looked into and a transfer station will be sending materials to another community. It would make sense to enter into a regionalized program. Integration makes sense, as working on a community level would not be cost effective. Citizen advisory groups would also be very helpful . Nicholas Metcalf asked about what happens to the materials in the mining process and Mr. Kelly stated that soil type materials can be sold or re-used as cover material . Elizabeth Banus asked "How are you going to evaluate the hazardous materials . " He answered that test bits will be used by a geotechnical firm who will be working for US. Chairman Machiros added that the DEQE will be involved and they will be checking for signs of hazardous waste. Bruce Irving stated that testing will be done by EPA certified labs and were we to discover any toxic materials, DEQE will be given 24 hours ' notice. Mrs . Banus asked how the landfill will be operated in the future, and how will it be monitored to prevent the dumping of hazardous or toxic materials . Mr. Kelly answered that first of all we have to educate the public and get out written materials for them to read. Right now we are working with a center in North Andover in order to get involved on a regional basis, but we must get out written materials in order to educate the public. People at the landfill will be watching carefully. No batteries , ( just for an example) will be allowed. We plan to have a one-day-a-year program when hazardous materials can be disposed of . By having a cent open one day a year, it would be most cost effective. Patsy Brown in- quired when the planned procedures will be starting and Mrs. Kelly answered that the actual mining will be starting next year. Designing for the building facility will start right away and will be ready next year. By 1991 every community will be required to recycle 250 of their waste materials. Grant money is expected to be coming soon. Materials will be separated - "Newspapers - all plastic, glass and cans - Rest of your trash. " Mr. Irving said "education is extremely important. There will be regional haulers who are well educated in using techniques to make sure that the materials are separated. Mr. Banus said "I applaud your efforts highly, however, I do have grave concerns regarding the mining process , we have testing instruments and by proceeding very slowly, doing one small area at a time, the odor will be kept down and the danger will also be 'kept down. A health and safety plan must be in place as ordered by the DEQE. Mr. Banus asked "at what point now will .the public be involved in the process?" Answer - Town meeting will be next, when the people will have a chance to voice their opinion on the article (which is to see if the Town will vote to raise and appropriate the sum of $87 , 000 as a supplement to the Board of Health Account for the purpose of complying with mandated engineering rules at the town owned landfill as directed by the Mass Department of Environ- mental Quality Engineering. ) A motion was passed to close the hearing and take the matter under advisement. The hearing resumed and a motion was unanimously passed, "that the Board of Selectmen fully support the proceedings on obtaining Selectmen ' s Meeting (Continued) May 30 , 1989 grant assistance from the Massachusetts Small Cities Program toward implementing a regional recycling facility, minimizing long-term health risks at the current landfill , and this will be filed by the 12th of June, 1989 . " The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JUNE 6 , 1989 4 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. In accordance with General Laws, T. E. , Chapter 140 , Section 157 , a public hearing was held concerning a dog complaint. The owner of the dog is Mr. William MacKinnon, 3 Brock Avenue, Plum Island, Newbury. The complaintant is Mr. John McKeown, 4 Brock Avenue, Plum Island. All parties that were present who wished to speak regarding the dog were officially sworn in by the Town Clerk. Mr. McKeown was first to address the Board. He stated that his neighbor (MacKinnon) has a dog that comes into his yard and destroys his property, such as a hammock, decorations around the yard, etc. He said he spoke to Mr. MacKinnon about the dog and his response was that it wasn't his dog causing the damages. He said that one day when he looked out, Mr. MacKinnon' s dog was wrapped around his hammock and had pulled it off the track. He went over and Pattie Mustone, who lives at 3 Brock Avenue also, came over and untangled the dog and never attempted to put the hammock back on the track. The dog in question also tore up a set of covers on McKeown' s property. Mr. McKeown said that he has a small peek-a-poo dog which is always on a leash in the yard, and the dog is afraid to go out now on account of the big dog coming into the yard. We have to go out with her. We have lived there for twenty-one years and never had any problems with dogs before. I am just here to see what can be done about this problem. I am not looking for any money for damages. My dog is never off the rope. I guess what I 'm asking is that he just restrain his dog. Carol Abarbanell , neighbor, said, "I live right across the street from Mac. She presented the Selectmen with a list of times that she had seen MacKinnon' s dog over in Mac' s yard. She had made a note of twenty different occasions between May 4 and June 5 , and the times would range from 6 o' clock in the morning until 9 : 45 at night. She said "The dog is always in Mac ' s yard, and I really support his statement that things are constantly being disrupted because the dog is in his yard so much. I just don ' t think the dog should be damaging his property. Mr. MacKinnon then addressed the Board and said that 90% of the time his dog is tied. At this point he brought out a spiral dog stay (a new one that he had just purchased) and said that his dog is usually tied to one similar in the back yard. He said that he felt that his dog was no problem to the neighborhood. He said that he did offer to pay for some covers that Selectmen' s Meeting (Continued) June 6 , 1989 Mr. McKeown had accused his dog of ruining, but "Mac wouldn't take any money" . Mrs . Lynn Rurak addressed the Board saying that she has had no problems with any of the dogs . They are all related and there are three of them, including Mr. MacKinnon' s . She added "I have a five year old and there has never been any problem" . Mrs. Winters , owner of one of three dogs has never had a problem. Mrs . Jean Moran said that she is the owner of one of the three dogs and she ties him up on the mornings of trash pick-up. I have a child and never had any problems at all . Animal Control Officer Richard Cunningham was asked for his opinion of the situation. He said that the pups that seem to be discussed here this evening are related and they are just pups; run like six year old pups . "I have had complaints about some of the dogs . If you want my recommendation concerning the dog that Mr. McKeown is complaining about, I would recommend that Mr. MacKinnon' s dog be ordered re- strained on a leash when they are not at home and put a time limit on it. When the dog has grown, perhaps the dog will act differently. In answer to a call regarding McKeown' s complaint, I go there at 10 : 05 a.m. Officer Clifford was there ahead of me. I think the dog was removed before I got there, and I believe there had been some damage as the glider was off its rocker. McKeown ' s dog was on a little leash and Florence McKeown was with the dog. " A motion was unanimously passed to close the hearing and take the matter under advisement. The hearing resumed. Chairman Machiros said "People tend to reject a leash law. I personally have known Mr. McKeown for many years along with the Ruraks and the rest of you here this evening. I don't see you people trying to resolve this issue and I would strongly advise that you do try, as a public service and as your neighbor. This animosity is not good. Through the statute, Mr. McKeown has a right to complain about the dog. I think that if you all gave a little bit and keep in mind that this couple is along in years and should be able to enjoy the peace and quiet that they desire in their own surroundings . " Selectman Adams made a motion to restrain the dog for six months . Selectman Tevald said that "Mr. MacKinnon has already said that he restrains the dog when he is not there, so I don't feel that this is going to be a hardship. " By a unanimous decision of the Board the dog is to be restrained for a period of six months while no one is at home, and if someone is at home, the dog is to be controlled. The Animal Control Officer will review this case from time to time and report back to the Board. In other business , Mrs . Karen Kelly Boxell has written a letter stating her interest in filling the vacant Moderator ' s position caused by the recent and sudden death of our good friend John Salter. We will miss John, as he served the town well in many ways. selectman Adams stated that he would like to see Dick Joy take th position as he has had much experience as Moderator at mock town meetings . Selectman Tevald said that he would like to second Mr. Adams ' motion and he thought it very important that we try to find someone who has had moderating experience. Adding, "I would leave Selectmen' s Meeting (Continued) June 6 , 1989 it up to Mr. Joy. He might feel somewhat limited. " Chairman Machiros made the motion unanimous , and Mr. Joy will be contacted tomorrow to ask if he would accept the position. Mrs . Boxell will be notified of the decision of the Board and invited to include her name on the ballot at the annual election in the Spring. In other business , regarding the vacant position as landfill attendant, the Board came up with two possibilities among the applicants that have applied. John Koney, Old Point Road, Plum Island and Joseph H. Noel , 156 Elm Street, Byfield. An appointment will be set up with the Highway Supt. and he will report back to the Board as to his recommendation on the two men. The meeting adjourned at 10 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JUNE 14 , 1989 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. In accordance with General Laws, T. E. , Chapter 140 , Section 157 , a public hearing was held, concerning dog complaints . The owners of the dogs are Peggy Winters, 76 Old Point Road, Thomas Moran, 7 Finnegan Way, Lynne Rurak, 8 Finnegan Way, William MacKinnon, 3 Brock Avenue. The complaint was brought by Alcide A. Chartier, 83 Old Point Road, in behalf of his wife, Antonia Chartier. All parties that were present who wished to speak regarding the dogs were officially sworn in. First to be heard was Antonia Chartier. She said that she was out taking a walk on Old Point Road on the afternoon of June 8th, when four dogs circled around her and pushed her down in the marsh. She said they bit her on her arms, her back and her head, and she had bruises all over and bites that required stitches . She said that they had approached her before when she would be walking, but they never attacked her until this particular day. Chairman Machiros asked if there was anyone present who witnessed the dogs attacking Mrs. Chartier. Jason Marbet said he had just gotten off the school bus and was check- ing the mailbox when he heard someone screaming. He said that he saw the dogs knocking Mrs. Chartier down in the marsh. He ran and tried to beat them off with rocks and sticks, but they they coming back. He said that the school bus driver, Deborah Shore, also came to help out. She was the person who took Mrs . Chartier to the hospital . Mr. Chartier said he saw what was happening from the window in his home and he rushed to the scene with a hammer, and even then the dogs would not leave. Mr. Chartier said that a woman 'by the name of Cary Anderson (not present at the hearing) tried to shield his wife by covering her. He said that his wife had a long jacket on and she felt that her injuries would have been worse, had she not had it on. Selectmen' s Meeting (Continued) June 1�4 1989 Patty Mostone, who lives at the MacKinnon residence, said she heard the dogs barking from her house. She said her dog did not seem to be directly involved, but was barking from a distance. She said she took her dog home and called the police and the dog officer. Harold Whittaker, 10 Brock Avenue, said he heard the dogs barking and saw Patty Mostone bringing her dog home. Peggy Winters said that she was not at home at the time, adding that her dog had been tied to a tree. She said she was told about the attack when she got home and she and her husband felt so badly that they offered to pay Mrs . Chartier ' s doctor ' s bills , but when their insurance company investi- gated the matter, they said that the Winter ' s dog was not solely responsible as other dogs were involved. She said that she was sorry and she was having her dog put to sleep in ten days. Thomas Moran said that he was sorry too. His dog is four years old, and he never considered him to be a vicious dog. He has never gone after any- one before. He said that he ' s tied up now - even in the house. Lynne Rurak said her dog Max was just in the wrong place at the wrong time but he was so old, he just seemed to be hanging around off in a distance. Jason Marbet said that when he was running to Mrs . Chartier ' s aid, he saw two large shepards biting Mrs . Chartier. Asked if he could identify the dogs, he said "yes - they were the biggest, black and beige and brown in color. William MacKinnon said that he didn't feel that his dog was responsible. He said that he did not witness the attack. Chairman Machiros said that he owned a shepard one, and one on one, a dog is tame, but get 3 or 4 together, and you wouldn't recognize your own dog. Mr. Winters spoke and said that he was very upset and he was going to put his dog to sleep. "They get in a pack and they get weird. We offered to pay the bills. I will say that Rurak' s dog Max is a good dog. Chairman Machiros said he wanted to commend Mr. & Mrs . Winters for making a very hard decision. The hearing was closed and the matter was taken under advisement. The hearing resumed and a recommendation from the Animal Control Officer was called for. Mr. Cunningham was in agreement that Winters ' dog should be destroyed and the other two shepards - restrained full time, adding that he hoped that if anyone in the neighborhood should see the two shepards loose, that they would notify the authorities . Chairman Machiros stated "we do have facts that three dogs were in- volved in this altercation. A full restraint means that the owners have ten ( 10 ) days to appeal the decision to the District Court. " The Selectmen voted unanimously to have the Winters ' dog destroyed and the MacKinnon and Moran dogs fully restrained permanently. In other business , Chief Merry addressed the Board and said that he would like to recommend that as a result of a number of complaints concerning the Beachcomber at Plum Island, the Board of Selectmen, as the Licensing Authority, call a hearing regarding violations of noise and other complaints . Adding that there has been a formal investiga- tion made. Chairman Machiros stated that he personally had many verbal complaints . He had asked for complaints in writing, but the people would say that they were afraid of retaliation having been threatened. The Board unanimously agreed to hold a hearing on June 22nd at 8 : 00 p.m. and Mr. DeStefano will be notified of this hearing. Selectmen' s Meeting (Continued) June 14 , 1989 The following warrants were signed by the Selectmen: May 23 , 1989 W46 25 , 726 . 59 P46 19 , 310 . 37 May 30 , 1989 W47 114 , 585 . 57 P47 65 , 193 . 29 The meeting adjourned at 10 : 15 p.m. Respectfully submitted, Doris. Hodge, Secretary SELECTMEN' S MEETING JUNE 22 , 1989 Pursuant to Massachusetts General Laws, Chapter 138 , Section 23 , a public hearing was held regarding Beach Haven, Inc. , d/b/a Beachcomber, to consider the revocation of the All Alcoholic Liquor License. Paul DeStefano representing the Beachcomber, was present and addressed the Board, requesting a two week continuance in order that he might have a lawyer present. It was the unanimous decision of the Board that Mr. DeStefano had had plenty of time to arrange for a lawyer, and further informed him that they felt that he had plenty of time to even place a telephone call to them to request a continuance. The Board unanimously denied his request. At this point, Mr. DeStefano walked out of the hall . The hearing was held as scheduled and Chief Merry was the first to address the Board. He said that as a result of numerous noise complaints and complaints of violations regarding the liquor laws , he began a formal investigation of the Beachcomber Lounge on Plum Island Blvd. , operated by Paul DeStefano. He said that on two different occasions , an undercover, under age police officer was served alcoholic beverages without being asked or checked for proof of age. The office also heard a waitress ordered to serve patrons after the closing time of 1 : 00 a.m. and he further observed these patrons being served the alcoholic beverages . It was as a result of these complaints and viola- tions that he requested the Board of Selectmen, as the Licensing Authority to call the owners of the Beachcomber before the Board regarding the allegations of violations . Officer Keith Reardon, Georgetown Police Department, who was the undercover, under age officer, was present and substantiated in detail what Chief Merry had said. He presented his written report to the the Board and it is on file. Susan Mallon, a former waitress at the Beachcomber, was present and described conditions at the establishment. She said that on May 25th she cam into work and was told by Mr. DeStefano that she was fired., that he was going to let her go. She asked why and he told her that nobody minds his business. She said that she felt that this action on his part stemmed from some- thing that happened on the night of May 23rd. She said she came into work at six p.m. and Mr. DeStefano had gone to the hospital to see his new grandchild. There were approximately twenty people at the Bar. Mr. DeStefano had indicated that he would be back soon. She said that he came back about 9 : 45 and was very intoxicated and wanted to celebrate. He turned the music up to the loudest volume and opened the windows . Selectmen' s Meeting (Continued) June 22 , 1989 She said he told her to serve drinks to the people at the bar because it was a night of celebration. She said that people were holding their ears because of the loudness of the music. She said that the police came down about 10 : 30 p.m. to investigate the noise. She said Mr. DeStefano closed the doors but he kept going out. He was getting more intoxicated and he kept telling her to set up more drinks . She said she felt that the people there were going to be too drunk to drive, especially if they had any more, and she told Mr. DeStefano this . He banged his fist and swore and carried on. She said that she was frightened and she did serve a few people. She said that she was afraid of what DeStefano might do, he was so intoxicated by closing time. There were three people who stayed with her to see that she got out alright. She said that when she went into work the following Thursday morning, he told her she was fired. Mrs. Mallon said that she first began working at the Beachcomber on Memorial Day, 1988 , and at that time Patricia DeStefano was her supervisor. She said that at no time did Mrs . DeStefano ever ask her to serve drinks close to closing time, but from January on, in 1989 , she was asked to serve drinks when it would be ten minutes to bar time. She said that it was not unusual to come in in the morning only to find that she had to clean up bottles of beer that were hanging around. She said that she thought they ought to fire the night bartender because she had to clean up the place when she got in to work in the morning. Timothy Leonard, who lives at 25 Plum Island Blvd. , addressed the Board and said that he had called the Newbury Police Department on numerous occasions to register complaints about the Beachcomber Lounge, and this has been over a period of the past three years . More recently he even contacted the Massachusetts State Police Barracks in Newbury. He said that he has had tenants move out because they couldn't stand the constant noise, including fights in the street at 1 : 30 a.m. , 10 to 15 motorcycles all starting up at 1 : 00 a.m. and revving the motors for 5 to 15 minutes and live bands during weeknights , waking his children on school nights . He said that there is serious over-crowding on weekends which results in restroom problems , causing patrons to leave the building and to urinate outside in broad daylight beside his home. Sometimes urinating right in front of his son and other children playing on the street. He stated all of this in a letter which he presented to the Board and the letter stated "I think it is about time for the Selectmen of the Town of Newbury, the Newbury Police, and the Alcoholic Beverage Commission to take immediate action to solve this ongoing problem. " There were five residents who live close to the Beachcomber who attended the hearing and they all described the terrible conditions that exist at the establishment, including motor vehicles knocking down a chain link fence; 40 - 50 motorcycles parked all over the street. They all substantiated the statements made by Mr. Leonard and felt that it was time to put an end to all the troublesome things they have been forced to put up with. Chief Merry said that he wanted to bring something else to the Board' s attention. One of the ads in the local news stated "Every Sunday is Jam Session at the Beachcomber 4 - 8 p.m. All are welcome" . Selectmen' s Meeting (Continued) June 22 , 1989 He was of the opinion that they needed a specific permit for this on Sundays , and to his knowledge, the Beachcomber does not have that special permit, adding, "and this is according to State Law" . Attorney Scott Hill-Whilton was present and said that he believed Chief Merry was correct. They do have a permit to have a live band and dancing. Mr. DeStefano has assured the Board that he would co-operate time and time again but nothing ever changes, and complaints are still being registered with the police department. It .was noted for the record that a separate public hearing will be held regarding the dancing, jukebox and visual table games on- July 11 , 1989 , at 8 : 00 p.m. to con- sider the revocation, modification or suspension of those licenses. A motion was passed to close the hearing, and take the matter under advisement. The hearing resumed and Chief Merry was asked for his recommendation. He said: "Based on all the facts that were presented this evening, involving the alleged liquor law violations and the testimony that you have heard this evening from Officer Reardon and Susan Mallon, my recommendation would be to ask for a suspension of the liquor license for a period of thirty days . " "Also, in light of the information that Paul DeStefano' s name does not appear on the license -- a manager is supposed to be of good character and show responsibility and due to the complaints in the way that Paul is handling the Club, I would recommend that Mr. DeStefano be barred from the operation of the Beachcomber Lounge for a period of at least one year. I know he has the right to appeal to ABC, but if you ask me for my recommendation -- based on the testimony that we have heard this evening, I would advise handling it the way that I have suggested. The Board unanimously agreed to accept Chief Merry' s recommendation. A motion was passed to suspend the liquor license for a period of thirty days and take whatever action is necessary to bar Mr. DeStefano from conducting the duties as Manager of the Beachcomber. Atty. Hill-Whilton was in agreement with this decision. 1 The hearing was closed at 10 :00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JUNE 26 , 1989 The Selectmen's meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: June 6 , 1989 W48 21 , 428 . 39 P48 16 , 935 . 76 June 13 , 1989 W49 79 , 550 . 53 P49 70 , 942 . 08 RS26 840 . 00 June 20 , 1989 W50 31 , 563 . 22 P50 17 , 258 . 74 RS27 2 , 380 . 00 SR12 1 , 953 . 90 Selectmen' s Meeting (Continued) June 26 , 1989 There was nothing on the Agenda for the evening. The Selectmen signed various pieces of correspondence. The meeting adjourned at 8 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JULY 12 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: June 27 , 1989 W51 160 , 269 . 84 P51 200 ,624 . 17 June 28 , 1989 W52 77 , 740 . 69 P52 20 , 197 . 29 RS28 571 . 85 June 29 , 1989 W53 49 , 523 . 48 SR13 (FY89 ) 2 , 584 . 10 P53 (FY89 ) 8 , 447 . 09 The subject of Olde Byfield Centre at Newbury was the first business to be discussed. Lawrence Jones, 10 Kent Way, Byfield, was at the meeting and he presented to the Board a copy of a letter that he said will be sent to Nancy Baker, c/o Massachusetts Environmental Protection Agency, in which the concerns of local residents were ex- pressed. He said that his home abuts the ten acre Centre and his concern, as well as many of the neighbors, was the heavy traffic which will be involved. He also had a private way, that will serve as the main access road into the site. Richard J. Kelly of Burlington is the developer. In an environmental notification form submitted by Kelly to MEPA, it is estimated an increase in the average daily volume of vehicles on Central Street from its current 5 , 000 to 12 , 050 after completion. Vehicles on Kent Way are expected to increase from 100 per day now to 7 , 150 daily. The Board heard from several of the neighbors, and after hearing their concerns about the traffic; who the tenants are going to be; safety of the school children with the added traffic; noise and pollution; the added trash going into the already threatened landfill ; the added strain of the development ' s consumption of 5 , 800 gallons per day on our town wells; the 458 parking spaces , and will that amount of spaces adequately provide for the 7 , 000 cars that are expected daily; and if parking is a problem, how will that affect Kent ' s Way. Chairman Machiros stated that all the local officials can do is take part in the process, adding that the State officials are the ones that make the decisions . A motion was then passed to forward a letter to Ms . Baker at MEPA informing her that the Board' s main concern is the congestion and dangerous conditions that would ultimately 'result from the excessive traffic flow that is identified by the traffic study that was done by Eastern Engineering Collaborative, Inc. , representing R. J. Kelly Company. At 8 : 15 a pole hearing was held on petition of New England Telephone and Telegraph Company, Plan 3040 , dated June 20 , 1989 , to lay under- ground conduits , manholes, wires and cables under Newburyport Turnpike, Selectmen' s Meeting (Continued) July 12 , 1989 from existing Pole #1/1090 Westerly to the Governor Dummer property line by the discontinued end of Elm Street. Robert Derosset, repre- senting the Telephone Company spoke in favor. He assured the Board that no roads will be dug up. There was no opposion voiced. A motion was unanimously passed to close the hearing and take the matter under advisement. The hearing resumed, and relying on the assurance received from Mr. Derosset permission was unanimously granted. Pursuant to M.G.L. c. 140 , Sec. 181 and 183A, a public hearing was held with reference to Beach Haven, Inc. , d/b/a Beachcomber, to consider the revocation, modification or suspension of the following licenses : Dancing, Jukebox and Visual Table Games. Attorney Morris Goldings, Boston, Mass. was present at the meeting representing Mr. Paul DeStefano who operates the Beachcomber. Attorney Scott Hill-Whilton was present, representing the Town. Chairman read a copy of the notice of the hearing that had been served on the Beachcomber. Attorney Goldings addressed the Board and stated that he had objections to the notice of hearing that was received by his client and he was opposed to the way the hearing was opened. He said his reasoning was that the notice was too vague, and he felt there was a definite lack of rules and regulations regarding the various lienses that the Beachcomber holds . He said that from what Mr. DeStefano has told him there had been very few complaints brought to him directly, and from the notices that he had received, Attorney Goldings said he couldn't see any basis for revocation of any of the licenses that the Beachcomber holds. Attorney Hill-Whilton addressed the Board and said that yesterday Attorney Goldings was faxed a list of thirty complaints and this was during the course of fifty- two weeks ; and, as for the lack of rules , the Statute does not require any rules . The letter of complaint from Mr. Timothy Leonard was also addressed. Attorney Goldings did not seem to place too much importance on any of the complaints, and when the subject of loud music was addressed, Mr. DeStefano stated that he got rid of two bands because they were too loud. Chief Merry said that there have been many times that the officers have gone down in answer to noise complaints and Mr. DeStefano has always given the officers the assurance that he wants to cooperate and always gives them the same statement - "Not to worry - I ' ll take care of it" , and from 43 minutes to 24 hours, the officers are back there again because of a noise complaint. It ' s just an on-going situation. He indicates a willingness to co-operate, but it ' s an on-going thing and it is getting worse. '.'- -Mr. DeStefano said that he has moved the area of the bands and he has done everything. The Board felt that he has failed to live up to all his statements of "I ' ll take care of it" . The residents who were present with complaints addressed the Board and told of how the noise is unbearable, and when the operators of the Beachcomber were told to turn down the volume, it would be lowered for about a half hour and then it would be turned up as loud as before. They told of the disruptive conduct of the patrons, especially after closing time when they continue to party in the parking lot, screaming and laughing and urinating anywhere and every- where, not only after closing time, but during the day, and it doesn't matter if children are present or not. The patrons race the motors of their vehicles and the motorcycles are rev'd for about 15 minutes at a Selectmen' s Meeting (Continued) July 12 , 1989 time, after one o' clock in the morning, keeping everyone in the neighborhood awake. A petition was submitted to the Board by DeStefano in support of the Beachcomber, urging the licensing authorities to allow the continuance of operation. The petition failed to address the issues of noise and disorderly conduct. The Board was of the opinion that Mr. DeStefano had failed to cooperate, because one complaint after another still continues . Chief Merry stated that in his opinion, you have to have responsible people running places such as this , and we need something more sound than his (DeStefano) "cooperation" , because then we ' re back to where we started, and based on the number of complaints that we have had, I would suggest a suspension, as I have recommended before. I would support a suspension. " Attorney Hill- Whilton stated that no complaints have been presented to the Board re- garding the Visual Table Games , and therefore, in his opinion, the Board did not have the right to suspend that particular license. A motion was unanimously passed to close the hearing and the matter was taken under advisement. The hearing resumed, and Selectman Adams made a motion that the dancing license and the jukebox license be revoked. Selectman Tevald seconded the motion and Chairman Machiros made it unanimous. The Board made it clear that this action is to take effect immediately. The hearing was closed. Attorney Goldings at this point said "If that is your decision, I ' ll see you in Court. " Next on the agenda was the subject of the Parker River, The Division of Marine Fisheries , David L. Chadwick/Senior Biologist, has sent a letter to the Board informing them that it has come to their attention that there appears to be a serious fecal contamination problem within the Parker River, Plum Island Sound Estuary. Mr. Chadwick was present at the meeting. He addressed the Board and said that he and other biologists have been actively involved in sampling this area during the past month. He went on to say that in some places the fecal coliform counts leaped as high as 2400 , and that was at the Route #1 Bridge. Test results were similar on Newman Road. He said that he was astounded, as these counts were even higher than Boston harbor where 450 million gallons of treated sewage are dumped each day. He described the options that are open to us. #1 . An emergency closing of the Clam Flats. #2 . Restrictive Area - but that opens up the flats to anyone in the Commonwealth. The Clammers present were definitely against the restrictive area option. Mr. Chadwick said that another possibility is a classification of "prohibited" , which would ban shellfishing completely. The high counts mean that the shell- fish are beginning to retain the pollution, making them unfit for consumption, Chadwick said. The Selectmen and Shellfish officials said that they will band together and help the State Officials take future water readings and search for possible sources of the coliform increase. The testing will start tomorrow morning and will continue daily with the hope that something can be done to change things around, and the clammers can get back to work. Mr. Chadwick stated that if the counts are lowered suddenly over the next few weeks, the flat could be opened, adding, "It can clear up in a few days if you stop the source. " The Police Department will have officers watching for illegal Selectmen' s Meeting (Continued) July 12 , 1989 dumping along the river. Biologist Jeff Kennedy, who works with Mr. Chadwick will also be working with the volunteers. Road materials bids were received and read by the Selectmen. Bids were received from Penn Culvert, Hi-Way Paving, Gravel World (Biddeford, Maine) , Bell & Flynn, Middlesex Corp. , Gradall and Trimount. A motion was passed to turn the bids over to the Highway Supt. for his inspection and recommendations . His recommendations were as follows : Middlesex Paving ( lowest bid for hot top) ; Penn Culvert and Gravel World. He added that Gravel World might be a problem as far as meeting time limits (being located in Maine) . The Board accepted Mr. Osgood' s recommenda- tions and said that the bid for Gravel World will be a tentative accept- ance providing they can meet the requirements and meet the Highway Supt' s needs - time limit very important. All bids are on file in the Selectmen' s Office. A complaint was received from George McGuire, 25 Columbia Way, Plum Island. Mr. McGuire said that a recent change in the entrance and exit of the parking lot on the corner of Northern Boulevard and Plum Island Turnpike has been causing traffic problems with cars and pedestrians coming from all directions . He said that he has had two near accidents since this new exit has been opened. He said that the parking lot is owned by Mr. Phillips . Chief Merry will look into the situation. A letter of resignation was received from Building Inspector David S. Caldwell , The Selectmen accepted his resignation with regret and a letter will be sent to him thanking him for his many years of service to the Town. In other business , the Selectmen set the date of July 25th when a hearing will be held regarding the transfer of a beer and wine license now held by Country Cookin' to Buddy' s Restaurant of 2 Fruit Street, Byfield. The Selectmen appointed Charles N. Powers as Building Inspector, filling the vacancy caused by Mr. Caldwell ' s resignation. He was also appointed to the position of Compliance Officer for the Conservation Commission of which he is chairman. Yearly appointments were made and are on file in the Selectmen' s Office. The meeting adjourned at 11 : 50 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JULY 25, 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: July 11 , 1989 W1 111 , 013 . 72 P1 27 , 407 . 22 July 18, 1989 W2 48 , 472 . 43 P2 20 , 946 . 02 July 25 , 1989 W3 94 , 655 . 33 P3 30 , 248 . 70 Selectmen' s Meeting (Continued) July 25 , 1989 Chief Merry stated that two full time lifeguards have left and he recommended to the Board that two of his substitute lifeguards fill the positions. Upon his recommendation the Board appointed Scott Barney and Joseph Mello to fill the two vacancies . Chief Merry said that Thomas Meehan has gone to Salisbury and Eric Bell left and didn 't complete his lifeguard training. The Board appointed Gage Kelly of Salisbury to fill the position of Treasurer' s Clerk for a probationary period of six months . A request for a fund raising drive by the Firefighters for muscular dystrophy on July 30th and September 3rd at the intersection of Rolfe ' s Lane and High Road was approved by the Board. A request from Martha Little deArias to use the Green on September 30th from 9 to 2 p.m. for a collection center for the needy of the surrounding communities . The rain date of October 7th was also requested. Permission was unanimously granted. In accordance with MGL Chapter 138 , a public hearing was held at 8 : 00 p.m. to transfer the beer and wine license now held by Ronald and William Pearson, d/b/a Country Cookin' to Buddy' s Restaurant, Scott DeHetre, owner. There was no opposition voiced regarding the transfer and Scott DeHetre spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing resumed and a motion was unanimously passed to grant the transfer of the license. Animal Control Officer Richard Cunningham was present. at the meet- ing and asked the Board how things stood concerning his budget for the next fiscal year. He asked if the 5% raise still stands . He was told it would take a Special Town Meeting in order to take from available funds . Mr. Cunningham asked "is there any way you make up part of it by my putting in a bill by the month for the use of my truck. The Board asked him why he didn't put in his expense account for two months , and then the special town meeting will be held in the Fall . Selectman Adams said "if money is available, I think that what he is looking for is an additional amount" . Mr. Cunningham suggested $50 . 00 a month or $600 . 00 a year. He added, "one other item, I would like to be considered a Department Head when the budget meetings are held next winter so that I might attend. " The meeting adjourned at 8 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING AUGUST 8 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: August 1 , 1989 W4 16 , 615 . 34 P4 18 , 915 . 06 SR1 2 , 538 . 55 August 8 , 1989 W5 50 , 223 . 67 P5 25 , 929 . 40 Selectmen' s Meeting (Continued) August 8 , 1989 Richard Passeri was present with Gary Larson, who was representing Drummey Rosane regarding the plans for the new school addition. Mr. Larson had site plans with him which gave the Selectmen an update on just how far things have progressed to this date. He gave an extensive report on how the new addition to the school will look, and he also described where the parking areas will be, both for the school busses and also the areas for cars to park. He showed where the curbing will be and described where the catch basins will be located taking care of any drainage problems. He said that the completion of the design will still be down the road a while and probably will be ready in about a year at which time he will attend another Selectmen' s meeting so the Board will be able to voice their opinions . At 8 : 00 p.m. a public hearing was held on petition of Massachusetts Electric .Company and New England Tel & Tel Company, Plan 625 , dated June 28 , 1989 , to add a pole on Elm Street North of the Middle Street intersection, adjacent to Governor Dummer Property. There was no opposi- tion voiced and Jack Moinahan, representing Mass Electric spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing resumed and permission was unanimously granted. A group of Byfield residents appeared at the meeting with reference to the proposed Olde Byfield Centre at Newbury project. They asked the Selectmen if they would re-examine the variance that was issued regarding this project. They went on to say that they fear the original plans for office spaces will be changed and will house more retail stores which will cause traffic congestion and inadequate parking. The Board stated that the matter has been referred to Town Counsel and they will follow his advice. They said they cannot stop the project unless Atty. Lagoulis tells them they have a legal right to do so. Mr. Lagoulis addressed the Board and said "I have to look at his variance, I have to look at his plans, then I can give these people an answer to their questions . The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING August 22 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: August 15 , 1989 W6 36 , 928 . 87 P6 20 , 255 . 75 SR2 193 , 197 . 92 August 22 , 1989 W7 18 , 507 . 18 P7 31 , 348 . 01 Richard Kelly, the developer of Olde Byfield Centre at. Newbury was present at the meeting for the purpose of answering questions and Selectmen' s Meeting (Continued) August 22 , 1989 addressing concerns of local residents. The Board was in agreement that Mr. Kelly has all the proper permits for the work that has been done up to this time. Mr. Kelly said that the State is conducting an Environmental Impact Report on the area and the results of the report are expected in about a month. The area residents that were in attendance seemed. ma.inly interested in learning who was going into the complex and the traffic that will result in possible serious congestion in the Byfield center area as well as Kent Way. Mr. Kelly couldn' t give the residents any information as far as the tenants that will be occupying the complex, however, he did say that he will have the residents concerns in mind when the complex is rented. Local Shellfish Commissioners requested that the flats be opened on Mondays so that they might make up some of their financial loss that occurred during the months when the clam flats were closed. The Selectmen unanimously granted their request. The subject of a special town meeting was discussed between members of the Finance Committee and the Selectmen. A definite date for the meeting will be set in the near future. The purpose of the special town meeting is to balance the budget. Selectmen appointed Donald E. Rowell as Deputy Harbormaster, Special Police for Waterways and Shores, for the ensuing year. The meeting adjourned at 9 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary .SELECTMEN' S MEETING SEPTEMBER 12 , 1989 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: August 29 , 1989 W8 40 , 176 . 72 P8 19 , 222 . 49 SR3 1 , 816 . 01 September 5 , 1989 W9 153 , 957 . 28 P9 67 , 178 . 57 SR4 (Tr.Fund) 119 . 00 SR4 2 , 835.. 04 After review of the draft of the hydrogeological package, put together by Port Engineering, the Selectmen unanimously passed a motion to finalize the draft and send it in to the Department of Environmental Protection for their review. Chief Merry was asked to keep up the patrols as far as the Parker River pollution problem is concerned. The meeting adjourned at 8 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING September 26, 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: September 12 , 1989 W10 36 , 662 . 21 P10 20 , 833 . 84 September 19 , 1989 W11 33 , 752 . 77 P11 67 , 921 . 99 SR5 738 . 85 The Selectmen set a date for a hearing for the transfer of a liquor license for the Corner Cupboard on Hanover Street. Robert and Geraldine Conboy of Byfield are buying the store. David and Carolyn Brown are the present license holders . The hearing is set for October loth at 7 :30 p.m. The Board informed Mr. Conboy that they would have to see a copy of the Purchase and Sales Agreement at the time of the hearing. At 7 : 45 p.m. October loth, Mr. David Chadwick from the Purifi- cation Plant will attend the meeting with regard to the pesticides that are used to spray for mosquitos. Mr. and Mrs . Gregory Banus of Hay Street were at the meeting and said they were concerned that the malathion that is used by Essex County Mosquito Control could and has been proven to affect the central nervous system of bees, fresh water fish and some types of birds , based on information supplied to them by a U. S. Environmental Protection Agency hotline based in Texas. They added that although the pesticides have not been proven to be harmful to humans , they did not want to take the risk in finding that they are in the future. The concerned residents were in agreement that they approved of the mosquito control for younger mosquitoes and larvae because it does not use potentially harmful chemicals . Al- though Chairman Machiros and the other Board members said they under- stand the concerns of the residents they said they could not ban the use until further information is received from the mosquito control project. The matter of town employees receiving a 7% raise in salary was discussed and will be voted on at the special town meeting which will be held at the Newbury Elementary School on October 24th at 7 : 30 p.m. When it was learned that school employees were receiving 7 to 8 percent raises, and town employees have been trying to live on last year' s budget figure, employees of the town felt that a fair settlement should be made for them also, and the Board was in agreement with this . The Finance Committee Chairman, Bruce Irving, was present at the meeting, and confirmed that there are enough surplus funds from last year called free cash to pay for the 7% raise. A request was received and granted for the Sunday School of the First Parish Church to use the Green on October 1 , 1989 , from 9 : 30 to Selectmen' s Meeting (Continued) September 26 , 1989 11 :00 for a picnic. Mr. Bert Noyes will be notified of the Board' s decision. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING October 10 , 1989 The Selectmen ' s meeting was : held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: September 26 , 1989 W12 83 , 370 . 58 P12 21 , 029 . 12 SR6 1 , 700 . 00 October 3 , 1989 W13 146 , 376 . 60 P13 71 , 111 . 88 Howard Reith from RCH Water Testing, Richard Chadwick and Jeff Kennedy from the Division of Marine Fisheries were all at the meeting, and the subject of contamination in the Parker River was brought up for discussion. Chairman Machiros said that recent coliform counts slong the Parker River have improved since July. He added that the Board of Selectmen acting as the Board of Health have checked septic systems along the river and residents have pumped or repaired faulty systems. He said that the Board was treating the systems individually and are also requesting clay barriers be included in the repairs to insure no seepage into the river. Dr. Reith, who has been conducting tests on the river since July, said that when he. first began the test- ing, the river was in rough shape, but .now the river is beautiful . He added that the only problem areas are in the vicinity of Hay Street and Middle Road, and the pollution there was due to bird and livestock fecal contamination, not human waste. He said at the Route lA Bridge, the counts fall . Chairman Machiros said the problems with the high count in July was because of dumping by a septic system hauler. How- ever he explained that the police are constantly checking in order to catch haulers , and he asked residents to report any suspicious activity. Mr. Chadwick addressed the Board. He said that he has been given to understand that there might be money available from the State Department of Agriculture to protect the river. He and his colleague Jeff Kennedy explained that they recently have begun closing the clam flats to digging for five days after one inch of rain and three days after a half inch._ Mr. Kennedy said that according to the testing procedures , the waters are contaminated and once it becomes contaminated, it tends to stay that way for quite some time. Shell- fish commissioners and Clammers were in attendance and questioned the accuracy of the tests, as well as the timing of the closings . Mr. Chadwick replied that after a heavy rain, he didn't think they Selectmen' s Meeting (Continued) October 10 , 1989 could find a clamflat that can remain open. Mr. Kennedy said that if testing warrants it, the closures of the clam flats may be reduced. Mr. .Chadwick said that the regulations they must follow have been in force since the 1930 ' s and could use some updating. The clam flats are open now and the shellfish commissioners received permission from the Board to open the flats on Sundays to help compensate for the days the flats have been closed recently. Selectman Adams said that he felt that these meeting are very important to the Clammers and the Board was in agreement that future meetings will be held. In other business the Board approved the transfer of a liquor license for the Country Cupboard on Hanover Street from David and Carolyn Brown to Robert and Geraldine Con boy of Byfield. The -meeting adjourned at 9 . 15 p:m. - - t • i A-r Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING November 14 , 1989 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: October 10 , 1989 W14 44 , 171 . 47 P14 16 , 922 . 79 Escrow Fund W7 4 , 500 . 00 SW7 409 . 00 Capital Projects Funds W7 149 , 092 . 68 Trust Funds W7 35 . 00 October 17 , 1989 W15 23 , 652 . 39 P15 70 , 584 . 13 October 2.4 , . 1989 W16 58 , 055 . 38 P16 19 , 954 . 89 RS W8 3 , 999 . 38 October 31 , 1989 W17 133 , 883 . 91 P17 70 , 316 . 63 SR9 514 . 20 Nov. 7 , 1989 W18 80 . 056 . 00 P18 18 , 847 . 26 Retro-Active P18 18 , 070 . 02 Trust Fund SR W10 27 . 95 SR W10 178 . 10 In accordance with Chapter 369 , Acts of 1982 , Section 1 , a public hearing was held on the determination of the percentage of the tax levy to be borne by each class of real property for fiscal year 1990 . The Board of Assessors addressed the Board and recommended that all commercial , industrial and residential property be taxed under a single rate. There was no opposition voiced. A motion was passed to close the hearing and the matter was taken under advisement. The hearing resumed and by a unanimous decision of the Board, all commercial , industrial and residential property will once again be taxed at a uniform rate this fiscal year. The hearing was closed and the assessors will forward the proposed rate and financial information to the Department of Revenue for approval . In other business, Mr. Michael Roy was present at the meeting �q Selectmen ' s Meeting (Continued) November 14 , v and addressed the Board. He asked the Board if they would approve of establishing a fund which would be for the celebration of Christmas on the Green. He said that he and Doug Noyes and other residents have been collecting contributions for the party and with the Selectmen' s approval , residents will celebrate this year ' s first town celebration on Sunday, December loth at 3 : 30 p.m. on the Upper Green. He added that his committee has already collected $200 . 00 in donations . Santa Claus will arrive by a horse drawn carriage and he ' ll greet all the children and give out candy. At 4 : 00 p.m. a choral group will sing Christmas carols . The Newbury Garden Club will be on hand to serve hot chocolate and refreshments. Clothing for the needy is also tentatively set to be collected. After hearing Mr. Roy' s request and his plans for Christmas, the Board unanimously approved of setting up a new fund to be established by the Town for Christmas on the Green. Contributions can be mailed to the Newbury Christmas Fund, c/o the Town Clerk. Upon Chief Merry ' s recommendation and after careful consideration, the Board unanimously appointed Kathy Dow as a part time Dispatcher and Matron, and Ronald Ward as a part time Dispatcher. By a unanimous decision of the Board, Selectman Alan Adams was appointed to serve on the Recycling Committee along with Bruce Irving and Bob Kelly. The meeting adjourned at 8 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING November 28 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: November 14 , 1989 W19 45 , 578 . 89 P19 72 , 188 . 00 November 21 , 1989 W20 158 , 032 . 85 P20 25 , 538 . 13 SR11 95 , 967 . 92 As required under Chapter 138 , of the General Laws as amended, a public hearing was held at 8 : 00 p.m. on the application of Ronald 0. Pearson and William P. Pearson, d/b/a Byfield General Store, Inc. to transfer the retail wine and malt beverage license now held by them to Tracy Apothecary Corporation, d/b/a Byfield Pharmacy at the same address . Mr. John Tracy is the principal owner and his son John Tracy, Jr. will be the manager. The new owners said that they would operate the store in an orderly manner and John Tracy, Jr. assured the Board that even though his age is 21 , he is a very responsible individual and could see no problems in managing the store. There was no opposition voiced in regard to this transfer. The hearing was closed and the matter was taken under advisement. The hearing resumed and the Selectmen unani- mously granted the transfer, accepting it as it was written up in the Selectmen' s Meeting (Continued) November 28 , 1989 newspaper ad in which the name Apothecary Corporation was printed instead of Tracy Apothecary Corporation. Mr. & Mrs. Roger Chouinard of 55 Middle Road, along with Mrs . Pamela Callery of 53 Middle Road, attended the meeting and complained that old tires, half an oil tank, scrap metal and other construction materials have been dumped on the land next to their property. Chief Merry told the Board that an officer had investigated a complaint that half an oil tank had been dumped on the property about two weeks ago, but said that in his opinion, the owner has the right to leave it there. Chairman Machiros asked the Chief to find out if there is any material on the property that could pollute the area. Chief Merry will check into the matter and speak with the owner of the property with a view to clearing up the debris that has been dumped there. The Attorney General ' s office has sent a check for $4 , 990 in payment for a bid-rigging scheme by concrete contractors some years back. Contractors involved have made restitution. The meeting adjourned at 8 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING . December 12 , 1989 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: November 28 , 1989 W21 56 , 542 . 82 P21 109 , 160 . 15 December 5 , 1989 W22 52 , 811 . 19 P22 19 , 982 . 01 SR-W12 1 , 979 . 36 Federal Drug Fund W12 80 . 31 Licenses for the coming year were signed by the Selectmen. There was one renewal of a liquor license that was not approved, pending Town Counsel ' s advice. (The renewal was for the Beach- comber Restaurant with whom the Town has been involved in litigation during 1989 . ) Mr. Thomas McArdle, a resident of Boston Road, was present at the meeting. He said that he was concerned about the safety of his well . He was afraid it would become contaminated if two wells were drilled across the Street on the side of the old landfill . He said that in his opinion, if drilling was done, it would stir up contami= nants in the soil that would enter the two new wells and would eventually seep into his unprotected well . Selectman Adams stated to Mr. McArdle that wells that are put in now are lined to prevent any contamination. Mr. Ronald Garand of 40 Boston Road was at the meeting and asked the Board if something could be done about debris that is being dumped Selectmen ' s Meeting (Continued) December 12 , 1989 on both sides of the road leading to the landfill . Chairman Machiros stated that the Highway Department does pick up at least two to three times per year. He added that it is an ongoing condition, and with the small crew on the Highway Department, he felt that they do an excellent job. Chief Merry will check Boston Road and report back to the Board. Mr. R. J. Kelly attended the meeting regarding his project "Olde Byfield Centre at Newbury" . Due to the fact that there was not ample time to notify concerned residents, Mr. Kelly will attend the next Selectmen' s meeting on December 26th, when questions that the Board, as well as residents have, will be addressed. Robert Woolf was unanimously appointed to serve on the Recycling Committee for the Town of Newbury. The meeting adjourned at 8 : 45 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING December 26 , 1989 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: December 12 , 1989 W23 626 , 196 . 45 P23 81 , 705 . 98 SRW 13 92 . 32 December 19 , 1989 W24 79 , 051 . 68 P24 18 , 747 . 59 The Plumbing Fees were increased to $30 . 00 for two inspections plus $2 . 00 per fixture. Gas permit fees were increased to $30 . 00 ( 3 fixtures ) . Mr. Robert Kelly was present at the meeting and the subject of the landfill "dump" was discussed. Mr. Kelly brought the Board up to date on the plan that is in progress at this time. He said that he wished to outline the recycling plans that he has been working on, and in his opinion, by recycling, coupled with the mining of old construc- tion debris and other space consuming refuse, the dump could stay open up to eight years or more. He said that part of the project is ex- pected to begin in three or four months with a household hazardous waste collection. He brought with him a 17 quart blue bin which is slated to hold recyclable bottles and newspapers . His plan also includes biodegradable bags which will definitely be required at the landfill , once his program is in full force. The bags will be available at a reasonable cost at the Town Hall and the funds received from the sale of the bags will go toward the expense of running the dump. Another meeting for informational purposes will be held in the near future. Mr. Richard Kelly attended the meeting with reference to his Selectmen' s Meeting (Continued) December 26 , 1989 project Olde Byfield Centre. He answered a few questions that the residents had. The Board stated that they are still concerned with the traffic problems that are likely to exist when the number of cars increases to a "record high figure" . Their feeling is that the streets and more especially Lunt Street, are very confined areas , and the Selectmen said that they had a problem accepting the traffic study which was put together for Mr. Kelly. In their opinion, the intersection of Lunt and Main Streets is extremely dangerous and more especially in the area of the Little League Ballpark. on Lunt Street. Another concern was the matter of police detail during the peak hours at the complex. Who would be responsible for getting someone out there - our local police department, or would Mr. Kelly have a private detail of his own, who would cover whenever needed. Sidewalks were discussed and Mr. Kelly made note of all of the problem areas . He said that he plans to go to great lengths to satisfy all of the concerns that the Board has. Selectmen informed him that until all of their concerns are addressed, and they are comfortable with the answers , they will not endorse his project. Mr. Kelly accepted this and said he felt confident that all problems can be ironed out. A special town meeting is scheduled to be held January 30th. Articles concerning the new school building addition will be voted on as well as the Great Meadows Farm agricultural license. Town Counsel advises that there must be a town vote authorizing the lease of the Great Meadows property. A dog hearing concerning a complaint of Robert Chamberlain, Rowley, is scheduled to be heard on January 9 , at 7 : 45 p.m. The owner of the dog is Daniel Madigan, 14 Greentree Lane in Byfield. The meeting adjourned at 10 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING January 9 , 1990 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: December 26 , 1989 W25 184 , 618 . 57 P25 75 , 737 . 08 SR W14 1 , 979 . 36 Tr. Fund W14 78 . 00 January 2 , 1990 W26 40 , 643 . 76 P26 17 , 552 . 38 SRW 15 91 . 98 Tr. Fund W15 214 . 00 Capital Projects W15102 , 936 . 98 Chairman Machiros stated for the record, that in reference to the project "Olde Byfield Centre" , he met at the site with Mr. Kelly, who is heading the project; his engineer and the Police Chief , on Selectmen' s Meeting (Continued) January 9 , 1990 Monday, December 8th at ten a.m. Together they walked along the problem areas that are of great concern to the Board. The concerns of increased traffic, once the Centre is in full operation, the safety hazards were once again addressed which include the Little League Ball Park area. The areas of Larkin Road, Central Street to the Fire Station and the Post Office were reviewed. Chairman Machiros said that he felt that the traffic problem areas should be addressed step by step and corrected to the satisfaction of every member on the Board. He suggested that Selectman Adams and Selectman Tevald would prefer to walk the areas aforementioned themselves , and if the problems are not resolved before February 15th, we should notify MEPA of our concerns . At 7 : 45 p.m. a dog hearing was scheduled regarding Chamberlain versus Madigan. The matter was resolved, prior to the scheduled hear- ing. Mr. Madigan wrote a letter to the Board in which he stated that the dog is no longer at his address . Mrs . Chamberlain was notified of this , and she said her only concern was that the dog might re-appear and if so, she will notify the Board. The Chairman asked if anyone in the audience had any interest in this matter. There was no one present for that purpose, and the hearing was closed. The matter was taken under advisement. The hearing resumed and the Selectmen voted unanimous- ly to dismiss the case, keeping in mind Mrs . Chamberlain' s comments . The sale of the Margaret Furlong property at 147 High Road was addressed in a letter from Ted Shepard, Realtor. The letter served as a "notice of intent to sell" . Mr. Shepard will be notified that the proper Notice of Intent form should be forwarded to the Board so that they might waive the Town' s right to purchase. The Board stated that the town had no interest in purchasing the land and when the proper form is filed, they will attest to the fact that they hold no interest in purchasing the land. The following licenses were renewed by the Board: Installer ' s Permits : Stephen Murphy/Up Country Landscaping; Harris Contracting; Charles E. Killam; Jackman Builders ; Hazen Brown Construction Co. ; Abbott Construction; Bruce Hiller; new Installers- Lawrence Kelley, Forest Carter, Brian Sheehan; Class II Licenses - Angie ' s Service Station and Offshore Concepts Corp. d/b/a U. S. #1 Marine; Virginia Moore, Parking Lot; Norman Beckman, Antiques ; Clifford Willey and Robert Ducott, Jr. - Haven II ; Clifford Willey - Dick' s Variety; Scott DeHetre - Buddy' s Restaurant; PITA Hall - Plum Island; Mary Webber Antiques ; Norma and Harold Reader, Antiques ; , Daniel Orfant - Antiques & Frames ; Eleanor Miller - Restaurant; Martha Hopping - Antiques ; Fred Frezise and Robert Carleton - Antiques - Common Victualler; Kay Moulton - Bait Shop - Sunday Ice Cream; Diane Morrell , Manicurist; Patsy Brown - Antiques; Angie Machiros - Buy, Create and Sell Gifts and Woodcrafted items ; Dana Swanson, Newbury Country Market, Inc. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING January 23 , 1990 The Selectmen" s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectman Alan I . Adams was absent. Selectman Joseph S. Tevald was present. The following warrants were signed by the Selectmen: January 9 , 1990 W27 32 , 597 . 17 P27 74 ,409 . 73 SR - W16 3 , 000 . 00 Trust Fund W16 336 . 00 Interest School Bond 8 , 881 . 25 January 16 , 1990 W28 67 , 079 . 49 P28 18 ,623 . 80 The Selectmen granted the following licenses : Clinton H. Elliott, Installer ' s Permit; Alba Gouldthorpe, Antique Sales ; Susan Jaworski- Stranc, Sales at Apple Cider Press and Prints ; Portside Motors, Inc. , Class I ; and Newbury Auto Sales , Class 3 . The Board took under advise- ment the application of Gloria Merola for a liquor license at the Beachcomber. Robert Merola owns the property. It was voted that the matter be put on "Hold" until these matters have been filed with the Appeals Board. The meeting adjourned at 7 : 50 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING FEBRUARY 13 , 1990 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: January 23 , 1990 W17 65 , 696 . 50 W29 166 , 210 . 96 P29 77 , 254 . 78 W17-Tr.Fund 139 . 64 January 30 , 1990 W30 70 , 345. 70 P30 18 ,689 . 92 Building Inspector Charles Powers addressed the Board. He said that Stephen Noyes came into his office and made out a building application. On it he listed "Small Engine Repairs" as his reason for applying for the permit. Mr. Powers stated that he had to deny the permit, as "Small Engine Repair" is not a permitted use. Mr. Noyes then received legal advise. He reapplied for a permitted use:- "An establishment selling new or used automobiles and trucks , tires and other accessories , aircraft, boats , motorcycles and trailers" . The Building Inspector said that that range of activity usually produces a lot of unusable materials that slowly collect and become a nuisance - adding that there are no regulations in place for a building inspector to control or prevent this nuisance from occurring. The matter will be looked into further by the Board. Selectmen' s Meeting (Continued) February 13 , 1990 By a unanimous vote of the Board, Timothy Leonard was hired to work for the Highway Department. The Selectmen were of the opinion that Mr. Leonard will be an asset to that department. Harbormaster Edwin Sternfelt and his Assistant Donald Rowell will be asked to attend the March 13th meeting to discuss various subjects pertaining to the Harbormaster ' s Department. A Pole hearing was scheduled for 8 : 00 p.m. No one was present representing either Mass Electric or New England Telephone, nor was anyone else present with reference to the relocation of Pole 8/18 on School Street. The Board voted to close the hearing and take the matter under advisement. The hearing resumed and will be scheduled for a future date by the Town Clerk. The application for a transfer of a license from Edward' s Eatery, 51 Northern Blvd. , Plum Island, to "Island Cafe" was brought to the Board' s attention, however, no one representing Island Cafe was present and the matter was taken under advisement until the representatives appear before the Board. The subject of the Landfill will be discussed at the Feb. 27th meeting, when Mr. Robert Kelly will be present. The meeting adjourned at 8 : 45 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING FEBRUARY 27 , 1990 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: February 6 , 1990 W31 59 , 643 . 08 P31 71 , 776 . 52 W19 113 . 95 February 13 , 1990 W32 195 , 026 . 45 P32 19 , 432 . 00 February 20 , 1990 W33 76 , 440 . 58 P33 69 , 877 . 64 SW20 68 . 10 Russell Bookholz and Roger Thurlow were present at the meeting with reference to obtaining a license to operate the Island Cafe, 51 Northern Blvd. They said that they plan to serve breakfast, lunch and dinner. After a discussion regarding any parking problems they might have whereas there is no parking on that side of the street, the Chairman said that perhaps they should speak with Chief Merry in order that no problems arise. Chief Merry said that there have been no problems in the past at this location. Robert Merola, owner of Beachcomber Restaurant, Plum Island, was present at the meeting. The Board unanimously voted to accept the transfer of a liquor license formerly held by Patricia DeStefano to mr. Merola, who plans to operate a quiet restaurant - food as first Selectmen' s Meeting (Continued) February 27 , 1990 priorty and liquor second. A public hearing will be held on March 13 , 1990 at 8 : 00 p.m. A letter was received from Police Officer Richard A. Health. In his letter, Officer Heath requested the Board' s acceptance of his resignation as a full time officer and said that he would like to continue working as a reserve officer for Newbury. The Board accepted his resignation with regret and granted his request to work as a reserve officer. His letter is incorporated into the log book of minutes . Chairman Machiros stated that Officer Heath has certainly proved to be a great asset to the Town. Robert Kelly, of Port Engineering, who has been .working on the landfill project, was present at the meeting. He presented to the Board three options for them to consider. 1 . To close the landfill immediately. 2 . To close it next year. 3 . (the one he recommends ) - To mine it, implement the fee structure and close it in seven years . The process of mining would include excavating recently filled area of the landfill , mainly the top 20 feet, and taking out refrigerators , batteries, solvents and other non-biodegradable material . The cost of this recommended option is estimated at $310 , 000 for the next fiscal year. The other refuse, which Kelly said is mostly wood, would be chipped with a large tub grinder into mulch. After the mining is done, residents dumping at the landfill would have to separate white goods (appliances ) , demolition debris and other trash and dump each category in specified areas . White goods and harmful material would be shipped to where they could be properly disposed of . He suggested fees for demolition debris , namely wood, that are based on the vehicle used to haul the debris . The proposed fees are: residential cars , $5 . 00 ; mid-size pickups , $15 . 00 ; eight foot pickups $25 . 00 ; utility trailers or modified pickups - $100 . 00 ; and dump trucks or packers - $250 . 00 . Kelly projected $40 , 000 in revenue would come from the fees for demolition debris and bulky waste (appliance) dumping. He said that these fees are reasonable in comparison to costs to dump the debris elsewhere. Mr. Kelly said that the recommended plan for mining the landfill not only would help the landfill environment and add to the life of the landfill , but it is also the most financially reason- able. He said that to operate the landfill as is , implement a recy- cling program, and close the landfill in 1991 , would total approxi- mately $352 , 000 . Closing the landfill immediately and implementing a recycling program, curbside pickup and transfer of trash out of town would total approximately $632 , 000 . Selectmen unanimously voted to support a plan designed to extend the life of the landfill by seven. years . There was one interested resident, Constance Bowditch, who attended the meeting and had several questions answered by Mr. Kelly. The following Articles were presented to the Board: 1 . To see if the Town will vote to accept the way known as Old Farm Way as a Town Way in accordance with plans on record with the Town Clerk. 2 . We, the undersigned, as registered voters in the Town of Newbury, request the office of the Selectmen to lay out Knobb Hill , as a road for acceptance. Selectmen ' s Meeting (Continued) February 27 , 1990 3 . We, the undersigned, as registered voters in the Town of Newbury, request the office of the Selectmen to lay out Parker River Drive as a road for acceptance. The aforementioned Articles were unanimously accepted by the Board. The following licenses were granted: Installers : D & B Construction, Gary Bill , James C. Charles Contracting, Inc. Byfield Fire Department was granted a one day liquor license for the annual Firemen' s Ball . Mr. K' s IceCream Mobile Unit, (Robert P. Kimball ) applied for a license renewal . This renewal is questionable and was put on hold by the Board. The meeting adjourned at 9 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary " SELECTMEN' S MEETING MARCH 13 , 1990 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: February 27 , 1990 W34 34 , 971 . 80 P34 24 , 951 . 79 March 6 , 1990 W35 34 , 229 . 23 P35 70 , 510 . 36 Tr.Fund W21 18 . 55 Sp.Rev. W21 2 , 037 . 19 Newbury Cub Scouts Jeff Gooden, Matthew Beckett and Adam Burke together with their leader, Merrill Beckett, were present. Chairma Machiros read a Proclamation which stated that the period of March 24th thru March 31st would be SCOUTING FOR FOOD - GOOD TURN WEEK, in the Town of Newbury. The Board was unanimous in granting the Scouts permission to collect food for the needy American families that desperately need to maintain a minimally adequate diet. At 7 : 50 p.m. a public hearing was held on the Petition of Mass Electric Company, Plan 628 , to place six poles along Plum Island Turnpike between the Bridge and Old Point Road, adjacent to property owned by the Estate of Newell Adams and James Hartnett. There was no opposition voiced and Jack Moinahan representing Mass Electric spoke in favor. The hearing was closed, and the matter was taken under advisement. The hearing resumed and permission was unanimously granted. The subject of the mock town meeting was discussed and the Board was in agreement that Robert Kelly should be asked to attend that meeting and let the people know just what the condition of the Land- fill is in, and what plans are in progress as far as recycling is concerned. The meeting date in April is uncertain at this time. Selectmen' s Meeting (Continued) March 13 , 1990 As required under Chapter 138 of the General Laws as Amended, a public hearing was held on the application of Gloria Merola, d/b/a Beachcomber, 23 Plum Island Blvd. to request an All Alcoholic Restaurant License. Atty. Louis Cassis was present with his client Robert Merola d/b/a Beachcomber Restaurant. Atty. Cassis stated to the Board that he and his client realized what difficulties the Board had been having with the Beachcomber during the time that Paul DeStefano was the operator and they both wanted to assure the Board that the restaurant will be run a lot differently whereas Mr. Merola plans to have a quiet restaurant with 70 percent food and 30 percent liquor. They assured the Board, as well as the concerned residents in attendance, that everything will be done to maintain a quiet establishment and in turn the Board assured Mr. Merola and his Attorney that if there is any trouble with noise or calls to the Police by the neighbors , the Board will take whatever action is necessary to see that there is no further trouble. Mr. Merola stated that he is busy renovating the building and his son may take over the restaurant at a future date. He promised the Board that if he did sell the restaurant, he would bring the buyer before the Board for approval , before any sale goes through. Timothy Leonard, who lives near the Lounge, brought in a petition with seven signatures stating on the petition that they did not want any noise problems . Chairman Machiros reminded Mr. Merola that there is to be no jukebox, entertainment, dancing or music. Mr. Merola said that he understood, and agreed to this . He was also advised to paint the trailer out back of his establishment and he agreed to do this . Mr. Anthony Nowlan, 21 James Street, Winchester, Mass . owns the property directly in back of the Beachcomber and has complained to the Board that septic tanks have been installed on his land during the time that he was not around in the winter months and he wanted to make sure that something was done about it before the establishment started up again. These tanks were installed while DeStefano was operating the Beachcomber, and were put in to service the establishment. Mr. Merola gave his assurance that the matter would be straightened out. The residents,and more especially Timothy Leonard, voiced no opposition to the Board granting the license. The hearing was closed and the matter was taken under advisement. The hearing resumed and the Board stated that after the stipulations are meet and subject to the ABC ' s approval , the license would be granted. At the next meeting, March 27th, Essex County Mosquito Control will be asked to send a representative to speak to the local residents who are concerned about the spraying. Mrs . Elizabeth Banus who is one of the group will be notified of this meeting. The matter is scheduled for 8 : 00 p.m. Animal Contol Officer Richard Cunningham spoke briefly with the Board about the local beach by-law that states "No dogs are allowed on the Beach at certain times of the year. " He said he questioned the effectiveness of it. He wondered if it would be possible to amend the by-law, that if a dog was picked up on the beach, a fine should be collected. The leash law fine should be paid before the dog is released. He said that it was something he thought the Board could give some consideration to. Selectmen' s Meeting (Continued) March 13 , 1990 Harbormaster Edwin Sternfelt and his Assistant, Donald Rowell , were present and discussed with the Selectmen the things that are needed, such as a "Biminy Top" on the boat, in order to shield the electronic equipment, as well as personnel, from the weather. After careful consideration, the Selectmen granted the request of the Harbormaster and appointed Michael McGrath :and Mark Yelinek as Asst. Harbormasters. The meeting adjourned at 9 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING MARCH 27 , 1990 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: March 13 , 1990 W36 177 , 915 . 85 P36 18 , 916 . 72 SW22 43 , 131 . 01 March 20 , 1990 W37 22 ,820 . 05 P37 73 , 127 . 30 SW23 49 , 505 . 60 Mr. Norman Dobson and Mr. Walter Montgomery from Essex County Mosquito Control in Rowley were present along with several interested residents as the subject of spraying vs . non-spraying was to be discussed at this meeting. Mrs. Elizabeth Banus was asked to speak about her concerns with spraying as she has been in contact with the Board on several occasions . She said that in her opinion, after reading materials describing the product malathion, she is convinced that it is dangerous to our health and she felt that the people in the town should have a right to decide whether or not the spraying should continue this year. Several other residents stated that they too had read up on the use of malathion and were equally concerned about the affects that the spray could have on their health, not only now, but down the road, side effects , might occur. Mrs . Banus stated that she felt that if Mosquito Control concentrated on destroying the larvae, the adult mosquito population would be drastically reduced, but Mr. Dobson answered by saying that there are so many areas that they would have to cover in order to destroy the larvae - adding that developers come in build without any thought as to what is happening to the land and as a result there are a lot of open culverts which create the larvae, and if they were to cover every larvae area, OT-e towns Just couldn ' t possibly afford to pay for the services rendered . He went on to say that if the spraying for mosquitoes was stopped., many individuals would use their own methods of spraying and what they would be spraying with would be much stronger than the malathion that they are using . There were a few residents present who said that if it wasn ' t for spraying , they couldn ' t possibly go out in their yards the mosquitoes Selectmen ' s Meeting (Continued) March 27 , 1990 are so thick. The question was posed to the Mosquito Control representatives : "If at the town meeting, resident voted to stop the spraying, would you honor it? The answer was "yes" . Mr . Dobson said .that he wished people would come to their place of business and see Just how it is run. He said that he has had and 800 number added so there will be no -cost to anyone with concerns and people can call anytime to see what areas are going to be sprayed so that in case they didn ' t want to be sprayed, they would know ahead of time and take the necessary steps , such as shutting their windows , etc . Shellfish regulations for the coming year were read and discussed. Permits to dig clams in quantities in excess of the ten quarts per day to a maximum of thirty quarts per week and permits to dig and gather sea- worms in excess of three dozen per- day shall be issued by the Town Clerk upon application, and must be residents of the Town of Newbury for six months prior to April lst . Such permits shall be valid. from April lst to March 31st , and shall be subject to such limitations and restrictions as are set forth in these regulations , or which may from time to time be imposed by the Board of Selectmen in the interest of conservation and preservation of the town ' s shellfish resources and the public health. The fee for such permits shall be $150 . 00 paid to the Town of Newbury. (The suggested fee was $200 . 00, which would be double what the fee was last year . By a unanimous vote of the Board (Selectman Adams abstaining). the fee will be increased $50. 00 this year and $50 . 00 next , as they felt that a one hundred dollar increase was too excessive to impose all at once . ) The mock town meeting will not be held on April 19th, however, there will be an open meeting in the Byfield Town Hall on that date . Mr . Robert Kelly will be present at that meeting to answer questions on the landfill and what is in the future regarding the use of it . There will be a mock town meeting held at a later date . The meeting adjourned at 10 :30 p .m. Respectfully submitted Doris Hodge , Secretary SELECTMEN' S MEETING APRIL 10, 1990 The Selectmen ' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting . Selectmen Joseph S . Tevald and Alan I . I Adams were present . The following warrants were signed by the Selectmen: March 27 , 1990 W38 703813 . 59 P38 233100 . 85 SW24 15 . 86 April 3 , 1990 W39 58, 034. 61 P39 71 , 167 . 76 SW25 1 , 577 . 01 Selectmen ' s Meeting (Continued) April 10 , 1990 Donald Searle, representing Essex Gas Company was present at the meeting and the area of Hanover and Green Street was discussed . Mr . Searle said that the Company will be laying the lines on the inside of the park edge with an eight inch feed. He added that they will be tying into the system before Old Town Way. He gave his assurance that our Highway Supt . will be notified and they will make arrangements to have Mr . Osgood present before any work is started and he will be in close touch during the project in order that things will be done without causing any problems . He also said that they would tunnel under the road, wherever necessary, rather than dig up the road . He said that if any problems should arise , the Selectmen should feel free to call him and he will be down immediately to correct whatever is not agreeable with the Board. In .other business , the matter of the Kelly Proiect in Byfield was discussed. Chairman Machiros stated that he had been to the area and walked along the intersection of Kent ' s Way to the Post Office . Traffic lights are expected to be installed by Mr . Kelly and maintained by him. The Board felt that they would be very helpful in case of heavy traffic in the future or perhaps a shortage of police to direct the traffic , the lights would be very helpful then. Appointments will be set up for tomorrow for Selectmen Tevald and Adams to also meet with Mr . Kelly and they too will walk that area and voice their concerns . A letter was received and read from Lisa W. Cutler , 28 Low Street , The letter referred to Mrs . Cutler ' s three dogs being restrained by order of the Animal Control Officer . The matter will be heard at the next Selectmen ' s meeting at 8 : 15 p.m. as Mrs . Cutler requested a hearing . A dog complaint was received from Mr . and Mrs . Walter Stamm, 118 Main Street , Jan and Robert Tyler-Nelson, 7 Hickory Lane , Tony and Joyce deAndrade , 122 Main Street , against a dog owned and licensed and harbored, according to the records of the Town Clerk under the address of 6 Hickory Lane . Steven Brown, Elana Boumila , Robert Brown, and Ms . Sawyer reside at that address . They will be notified that a hearing will be held. on April 24th - our next Selectmen ' s meeting , at 8 : 00 p.m. Notice was received and read from Desiree Rogers that the public is invited to attend an open meeting on the nineteenth day of April when representatives from Mosquito Control and Mr . Kelly from Port Engineering (regarding the Landfill) would be present and it should prove to be an informative meeting . (This meeting will be at, the Byfield Town Hall . ) Two Byfield residents , Valerie Pearson and Denise . Spaulding were present and asked the Selectmen for their permission so that they might look into a site for a playground in Byfield, as the children have nothing to do and it would be most helpful to the mothers in Byfield. They said that there would be close supervision and they thought about various areas . The area that seemed to appeal to the two women, as well as the Selectmen, was behind the Post Office . Chairman Machiros told the two women that they had the support of the Board as long as the playground is planned properly and constructed safely to protect Selectmen ' s Meeting (Continued) April 10, 1990 the town from high insurance costs and heavy liability. The women plan to have bake sales as one of their ways of raising money for the playground. They will keep the Board informed as they go along making their plans . Harbormaster Edwin Sternfelt will be asked to attend the next meeting when fees will be discussed. Everett Davis has expressed his concerns and the Selectmen wished to have Mr . Davis notitified that the Board has not officially established any fees as yet . The Harbormaster requested that the Board appoint two additional people to the Newbury Harbor Committee . They are Mark Yelinek of Byfield and Deputy Harbormaster Don Rowell . By a unanimous decision, the Board granted this request . A letter of request from Brendan Stokes was received by the Board. Mr. Stokes stated that he has been a long time resident of Newbury and grew up on Plum Island. He said that he had over 25 years experience with boats and local waters . He said that he is also a Coast Guard licensed Charterboat Captain and added that he had the interest , desire and experience to serve the town as an Assistant Harbormaster . By a unanimous decision of the Board, the appointment was made . Chairman Machiros stated that if there was no other business to come before the Board he would entertain a motion to go into Executive Session with respect to police negotiations . By a roll call vote , Selectman Adams seconded the motion and Selectman Tevald made it unanimous . Chairman Machiros stated that the Board would not reconvene after the Executive Session. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING APRIL 24, 1990 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The Board usually re-organizes at the meeting following the Town Election. Selectman Tevald was congratulated by his colleagues upon being voted in by the Newbury residents to serve on the Board for another three year terms . By a unanimous vote of the Board iSelectman Machiros will serve as Chairman and Selectman Tevald will serve as Clerk fori;'-Ilthe ensuing year. The following warrants were signed by the Board: April 10 , 1990 W40 45 , 013 . 10 P40 20 , 311 . 53 April 17 , 1990 W41 53 , 366 . 45 P41 71 , 957 . 29 SW26 855 . 68 Scott A. DeHetre was at the meting and requested a hearing regarding an All Alcoholic Beverage License as his place of business, Buddy' s Restaurant, 10 Fruit Street, Byfield. He assured the Selectmen that he would be serving liquor in the dining room with meals only. Selectman Tevald told the Board that Mr. DeHetre was a hardworking Selectmen' s Meeting (Continued) April 24 , 1990 responsible individual , and he, as one Selectman, would be in favor of granting him a hearing. Chairman Machiros and Selectman Adams stated that they had no objection as long as Mr. DeHetre was planning to serve the liquor with Meals only, and would be closed by 10 : 00 p.m. DeHetre agreed. A hearing date was set for May 8 , 1990 at 8 : 00 p.m. , as required under Chapter 138 of the General Laws, as amended. At 8 : 00 p.m. a dog hearing was held. Complaintants present were Walter and Ruthanne Stamm, 118 Main Street and Joyce deAndrade, 122 Main Street. The owners of the dogs , Steven Brown, Elana Boumila, Robert Brown and Ms . Sawyer, 6 Hickory Lane, were also present at the meeting. Mrs. deAndrade said that the dogs are left out all day long to bark and disturb the neighbors . At times there is no one at home and the dogs are still left out. She said that there are several dogs that are housed there at 6 Hickory Lane and when she has gone over to the house to complain, no one seems to take responsibility of ownership. Absolutely nothing is done to curb the barking, and that is why she was forced to bring the complaint. Mr. and Mrs . Stamm also complained of the constant barking and said they could get nowhere with the owners . They said that one of the large dogs has a dog house with a flat roof which he spent most of the time on, and did nothing but bark at any disturbance at all . The owners said that they had tried to curb the barking and denied that they let the dogs bark day and night. Steven Brown stated that he usually lets his dog out when he leaves for work in the morning and if the dog barks , there is someone in the house that lets him in. The neighbors seemed to disagree with this statement. After hearing testimony from all parties, the Animal Control Officer,, Richard Cunningham, was asked for his comments . He said that last July new people moved from Salisbury to 6 Hickory Lane. They had a big black dog. He stayed on the roof of the dog house. I picked up a stray dog - I checked up and found it came from 6 Hickory Lane. No one admitted ownership. He said that all four dogs are licensed, however no one knew whether the dogs bark or not. He said that no one else in the neighborhood had complained, but he knew that Mrs . deAndrade does have a new baby in the house and no doubtitr* the barking was disturbing. He said that when they first came to Byfield, he contacted them 10 to 12 times on a complaint to get them licensed. They really showed no responsibility at that time. They have all been licensed this year. He added: I would like to have them, right now, make some statement as to what they are willing to do, and then let ' s see whether they do it or not. I think the dogs should be in at certain hours at night and some indication on the owners ' part that they will try to correct the situation. I think the big black one is the one that barks the most, and he gets the others going. He sits on top of his house. Steven Brown spoke and said that he will put the dogs out in the morning and his brother will bring them in as he is at home most of the time now - not having a job to go to. The owners said that they will put a pitched roof on the doghouse with the hope that will stop some of the barking, and they agreed to do this right away. A motion was unanimously passed to close the hearing and take the matter under advisement. Selectmen' s Meeting (Continued) April 24 , 1990 The hearing resumed, and it was the unanimous decision of the Board to follow the Animal Control Officer ' s recommendation and the following notice will be sent° to the owners : "As suggested by the Animal Control Officer, and as per your agreement, a peak on the top of the dog house will be installed. Also, during the summer months, on weekdays, Monday through Friday, your dogs may be put outside at 7 : 00 a.m. and not before, and all are to be brought in before 8 : 00 p.m. Weekends and holidays, your dogs may be put outside at 9 : 00 a.m. and not before and shall be brought in before 8 : 00 p.m. During the winter months , your dogs shall be brought in no later than 5 : 00 p.m. " A second dog hearing was held immediately following the first. This hearing was -called in answer to a letter received from Lisa Cutler, 28 Low Street. The letter stated that "on March 24 , 1990 , the Dog Officer issued a restraining order against all three of my dogs for the action of one. " Mrs . Cutler also stated in her letter: "I agree with Mr. Cunningham on the restraining order on the dog which created the offense, 1990 license #427 . However I fail to see the reasoning for the restraining of the other two, especially the female Shepherd, 1990 license #429 who is due to have a litter of puppies in less than a week. These concerns have been brought to the attention of Mr. Cunningham, but at this time, still has the other two dogs under the restraining order. Therefore, I feel I have no other recourse than to request a hearing regarding the restraining order on my two dogs #428 and #429 . " The Board asked the Animal Control Officer if he wished to comment and he stated: "A little history: two years ago on Hay Street, the Cutlers lived where Wally and Anne Mills lived. I received a complaint that the Pratts were having trouble with the dogs . Subsequently, the Cutlers moved to Keith MacNutt ' s house. On March 9 , 1990 , I had an occasion to be in the area. I said three Cutler dogs in a pack. I had a gut feeling that they were up to no good. I got out and observed them. Later, I received a call of complaint from Carolyn Brown. Her goats were in need of a vet ' s attention as a result of being attacked by Cutler ' s dog. I called the Cutlers and Mr. Cutler seemed. very concerned and agreed to pay the vet bill . No order was made at that time, but he made a statement that he would put up a gate across the driveway. On the 24th, Fred Knight called me and said that the male Shepherd had scared the kids by coming after them and someone scared it off. No gate was put up. I made up an order on the 24th. Mr. Cutler became irate and abusive - he called the next day and apologized. I thought it would be a good idea - and as far as I am concerned, the order should stand for sixty days . Fred Knight was present as well as one of his neighbors . The neighbor said that she saw Cutler ' s dogs chase Freddy' s child. Fred said one of his sons had been knocked down twice by Cutler ' s dogs and his youngest son had been bitten by the same dogs , and his wife had been pushed into a ditch by them. He thought something should be done. The Board asked the Animal Control Officer what his recommendation would be and he said that he would recommend permanently restraining the male shepherd dog, and at the end of sixty days , he would be willing to review the case. By a unanimous vote of the Board the hearing was closed and the, matter was taken under advisement. Selectmen' s Meeting (Continued) April 24 , 1990 The hearing resumed and the Board unanimously voted to go with the Animal Control Officer ' s recommendation and the following notice will be sent to the owners : "This is to inform you that your appeal of the Animal Control Officer ' s decision to restrain your dogs is hereby denied. It is the decision of this Board that the Animal Control Officer, Mr. Cunningham, acted accordingly as mandated by Town Meeting enforcing Dog -By-Laws and Regulations. Further, you are hereby notified to permanently restrain your male Shepherd Dog "Tyler" , effective immediately. It is also our understanding that Mr. Cunningham will review this case in sixty days from the date of his order, and until such time, this order will stand effective immediately. " In other business, persons wishing to use the Landfill will be able to take their household trash without paying a fee. All Newbury residents will pay the following fees : 1 . Construction/Demolition waste, wood and brush Residential cars 5 . 00 per trip (Red Coupon) Mini Pickup 15 . 00 per trip (Orange Coupon) Fullsize Pickup 25 . 00 per trip (Yellow Coupon) Utility Trailer/ Modified Pickup 100 . 00 per trip (Green Coupon) Dump Truck, Packer 250 . 00 per trip (Blue Coupon) Note: Sheet Rock Shingles not to exceed 10% of load. Dump Truck loads require copy of Newbury Building Permit. 2 . Bulky Metals , Appliances and Tires Per Metal Items (As above) 5 . 00 Tires ( 1 or 2 ) 5 . 00 Up to 10 light iron items 5 . 00 (Metal Doors , Windows , Chairs , etc. ) ******** All payments to be by Coupons available through Town Clerk ******** ******** All decisions by Landfill Supervisor( s ) concerning classi- fication are final ******** Per order of Selectmen A drive for household hazardous waste is to be held sometime during the summer if possible. In other business , Harbormaster Edwin Sternfelt and his Assistant Donald Rowell , were present at the meeting. Parking fees at the Ramp were discussed as well as By-laws that the Harbor Commission plans to work on. The Board asked that everything be put in writing so that it might be reviewed by the Board at the next meeting and upon receipt of the by-laws in writing, Town Counsel will also be asked to review and advise. The meeting adjourned at 11 : 00 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING May 8 , 1990 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S . Tevald and Alan I . Adams were present. The following warrants were signed by the Board: April 24 , 1990 W42 511 ,471 . 30 P42 23 , 376 . 42 May 1 , 1990 W43 57 ,576 . 44 SRW27 471 . 39 P43 71 , 933 . 08 A small group of local residents, including .Mrs . Gretchen Hunsberger of one Hanover Street, attended the meeting with questions about when the annual town meeting will be held this year. The Board was of the opinion that the town meeting will not be. held until we get a better idea of what funds the town will receive from the State. Mrs . Hunsberger, along with the other interested residents said that they wanted to start campaigning for Proposition 2Z override that probably be needed. They added, that by the time an override vote would come up, school would be recessed for the summer and many parents would be out of town and not able to give their support. The Board was in agreement that the annual town meeting is too important to run based on guesses as to how much State Aid will be coming in. Selectman Adams said that the Annual Town meeting is the only time you can raise and appropriate money. Adding that if the town assumed level state aid and budgeted accordingly, only to find out later there would be a reduction in State Aid, the result would be drastic budget cuts, because it would be too late to seek more money from the town voters . Town meeting must be held by the end of the fiscal year, June 30th. At 8 : 00 p.m. as required under Chapter 138 of the General Laws as amended, a public hearing was held on the application of Scott A. DeHetre, d/b/a Buddy ' s Restaurant, 10 Fruit Street, to request an All Alcoholic Beverage Restaurant License. Mr. DeHetre was present and told Selectmen that he was asking for the All Alcoholic Beverage- Restaurant License. Mr. DeHetre was present and told Selectmen that he was asking for the All Alcoholic Beverage License because he felt that his business would improve. He said that a lot of people come into his restaurant and just want a cocktail with their meal and being unable to provide this service, he thought he was losing business . There was no opposition voiced and nine local residents spoke in favor. By a unanimous vote of the Board, the hearing was closed and the matter was taken under advisement. The hearing resumed and the Board voted unanimously to grant the seven day All Alcoholic Beverage - Restaurant License ( subject to the ABC ' s approval ) , with the following stipulations which Mr. DeHetre agreed to: For the luncheonette, beer and wine may be served. Alcoholic beverages will only be served with full sit down meals . No alcoholic beverages will be served after 10 : 00 p.m. and signs will be posted attesting to that policy. No private parties will be held after ten p.m. There shall be no bands or juke boxes . He was informed by the Board that if he encounters any difficulties he was to bring them before the Board so that they can be worked out. Selectmen ' s Meeting (Continued) May 8 , 1990 In other business, Arthur Croteau was unanimously appointed as Water Quality Advisor to the Newbury Board of Selectmen. It was noted for the record that Mrs . Louise Ziehler, a valued employee, is hospitalized in Tennessee where she was planning to enjoy a few days vacation with her son and daughter-in-law. We wish her well and want her to know that we will help her in any way that we can. The meeting adjourned at 9 : 15 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING May 22 , 1990 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Board: May 8 , 1990 W44 25 , 506 . 62 P44 17 , 402 . 49 May 15 , 1990 P45 72, 480 . 88 M45 67, 336 . 37 SRW28 617 . 53 Mrs . Susan Little was present at the meeting and asked permission from the Board to use the Lower Green for a family reunion August 19th. She said that between 100 and 500 people were expected to attend the event. After a brief discussion, the Board, as well as Chief Merry, could see no problems and gave Mrs . Little permission to use the Green. Mr. William Colby, Scotland Road, Newburyport, was given an agricultural license by the Conservation Commission to use a portion of Great Meadows Land for haying purposes . Mr. Colby will use the land for haying purposes for a period of five years ( $100 . 00 ) per year. Selectmen unanimously gave their permission to Mr. Colby to hay the fields . Selectmen were in agreement that the Annual Town Meeting will be held at the Round School on June 12, 1990 at 7 : 30 and a Special Town Meeting will be held on June 26th at the Town Hall before the Selectmen ' s Meeting. At 8 : 00 p.m. a public hearing was held on Petition of Mass Electric Company and New England Tel & Tel , Petition #629 , to place a new pole on Paul ' s Avenue, a/k/a Paul ' s Way, adjacent to property owned by Catherine Brown and James Shine. There was no opposition voiced and Mr. Moinahan, representing Mass . Electric, spoke in favor. The hearing was closed and the matter was taken under advisement. The hearing resumed, and permission was unanimously granted. The meeting adjourned at 8 : 30 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING June 26 , 1990 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Board: June 12 , 1990 W49 71 , 763 . 28 P49 74 , 511 . 51 SR31 397 . 12 June 19 , 1990 W500 120 , 147 . 05 P50 18 , 918 . 10 SW32 40 . 95 A "Sunday/Ice Cream Mobil" License was issued to Mister K' s subject to his signing that he received a copy of the Hawkers and Peddler ' s Regulation. A dog complaint was received from Beulah Hardy, 35 Central Street, against Jack Trant, her next door neighbor. The complaint was originally to be heard on July loth. It was rescheduled to the 24th of July. This was due to the fact that appointments will be made on July loth. A petition was received and read from Jo-Ellen Miller and others in Byfield, protesting the possible site of a new playground. Mrs . Miller said that she understood that the playground is to be next to her coffee shop which is in a dangerous and commercially zoned area. The Selectmen said that no one had been given the go ahead on the playground as far as any area was concerned. The two women who attended a previous meeting were told, that before any action was taken on their part, they were to present their plans to the Selectmen in order that they might review them before any playground is approved. Selectman Tevald will be in contact with the people who are planning the playground to make sure that they understand that they are to contact the Board before they go ahead on their own. The Board was in agreement with Chairman Machiros that Supervision is most important of all the plans that are drawn up. The children must have super- vision at all times . This is one of the main concerns of the Insurance Underwriters . Selectman Adams said that he wished to make a motion that we make a change in the Harbormaster and the name of Edwin Sternfelt be withdrawn and Donald E. Rowell be appointed as Harbormaster at this time. He cited several reasons for this motion, noting Sternfelt' s unavailability for the job. He said that he felt that Sternfelt had tried hard to do the job but he just didn't seem to have the time, and he thought that the community would be better served if Donald Rowell was Harbormaster. Chairman Machiros and. Selectman Tevald agreed with Selectman Adams, noting that additional dissatisfaction came from a recent broken boat motor incident, which resulted in the purchase of another new motor for the boat. The appointment of Rowell was the unanimous decision of the Board. Selectmen ' s Meeting (Continued) June 26 , 1990 In other business , Selectman Adams stated that there is a need for people to serve on the recycling committee. By agreement of the Board, a Public Hearing will be held on July 10 , 1990 , at 7 : 00 p.m. Re: Angelo and Joyce B. , Machiros, d/b/a Angie ' s Service Station, corner of Old Point Road and Plum Island Boulevard, Newbury, applying for a license to store 20 , 000 gallons of gasoline and to store 1 , 000 gallons of waste oil under or above ground; this is an increase of 6 , 000 gallons over present storage of gasoline. By unanimous agreement, the Board voted to make appointments at the next meeting, July loth. Respectfully submitted, Doris Hodge, Secretary PUBLIC HEARING July 10 , 1990 A public hearing was held on July 10 , 1990 , at 7 : 00 p.m. with reference to Angelo and Joyce B. Machiros, d/b/a Angie ' s Service Station, corner of Old Point Road and Plum Island Boulevard, Newbury, applying for a license to store 20 ,000 gallons of gasoline, and to store 1 , 000 gallons of waste oil under or above ground; this is an increase of 6 , 000 gallons over present storage of gasoline. Selectman Joseph S. Tevald chaired the hearing. Selectman Alan I . Adams was present. Selectman Machiros addressed the Board. He said that abutters had been notified by certified mail and he presented the return re- ceipts . No direct abutters were present at the meeting. The State Fire Marshall ' s office has inspected the facility and their documented orders have been explicitly followed. Fire Chief Noyes was present and stated that the work that is being done is mandated by Federal and State Law, and stated that upon careful inspection of the facility, he found everything to be in order. He said that underground tanks were disposed of in a proper manner. Acting Chairman Tevald asked if there, was anyone in the audience in opposition. Mr. John Stokes addressed the Board and said that first of all , he wanted it in the records that he was not opposed to the work that is being done, however, he had concerns about whether proper permits were obtained as he read in the paper that permits were being applied for, after the fact. He was assured by the Board that proper permits had been obtained. Mr. Stokes said that he heard there was leakage at the area and he was concerned about this also. He was assured by Fire Chief Noyes that there were no spills. and what Mr. Machiros was doing was in accordance with the new laws , and he was present during the whole operation and found no problems . Selectman Tevald then asked if there was anyone present who wished to speak in favor. Mrs . Alba Gouldthorpe addressed the Board and said that she lives close by the Station and stated that she was very much in favor of the work that was being done in order Public Hearing (Continued) July 10 , 1990 to upgrade the facility. She was very pleased with what she had observed so far in that every phase had been closely monitored by State and Local Officials . Michael Bulgaris addressed the Board and said that upgrading makes everything much safer, and in compliance with State and Federal Laws, received 100% monitoring. Fire Chief Verne Noyes recommended approval inasmuch as State of the Art Technology was being used and all types of safeguard and monitoring devices to protect the environment. A motion was passed to close the hearing and take the matter under advisement. The hearing resumed and it was unanimously voted that the permit be granted. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JULY 10 , 1990 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Board: June 26 , 1990 W51 87 ,708 . 94 P51 228, 189 . 05 June 27 , 1990 W52 87 , 184 . 76 P52 23 , 687 . 19 SW33 1 , 979 . 36 June 28 , 1990 W53 53 , 961 . 40 P53 13 , 463 . 76 SW34 43 . 61 June 29 , 1990 W54 109 , 218 . 88 SW35 1 , 150 . 80 A letter addressed to the Board of Selectmen from Paul Daubitz , 12 Annapolis Way, Plum Island, was received and read. The letter was in the form of a complaint regarding his neighbor Michael Villane. Mr. Daubitz said in his letter "that despite past notifi- cations by the Building Department regarding violations of Town Zoning By-Laws for commercial parking on Lot U2-119 , Michael Villane has disregarded these requests . This illegal parking activity not occurs on weekends , but is now happening on ,a daily basis" . Mr. Daubitz , in his letter, requested that the Board take whatever steps are necessary to stop this unauthorized use of Lot U2-119 . Mr. Daubitz was present and brought to the Board' s attention a letter written by former Building Inspector David Caldwell in answer to his complaint back in 1987 , when the same situation existed. Mr. Caldwell , in his reply to Mr. Daubitz ' complaint, said that he would notify Mr . Villane of his violation of Newbury' s Zoning By-Laws , inasmuch as there were no permits at the time, for any parking of cars on Lot U2-119 . The present Building Inspector/Zoning Enforcement Officer Selectmen' s Meeting (Continued) July 10 , 1990 Charles Powers, was called before the Board. Mr. Powers stated that he will investigate the matter immediately and he will report back to the Board. . In other business , Michael Bulgaris, who is a member of the Board of Fire Engineers, as well as being a member of the Conservation Commission, addressed the Board and stated to them that he was mainly speaking as a resident of the town. He said that what he had to say was regarding L. Donald Phillips , who resides at Plum Island. He said that he had seen Phillips verbally abuse members of the Conservation and other town boards. He said that he did not think it was right that Phillips had written to the State Fire Marshall ' s Office, mention- ing his position as Chairman of the Merrimack Valley Planning Commis- sion, requesting that the Agency look into the legality of Angie ' s Service Station installing newer and bigger gas tanks at the station. A letter had been received by Mr. Machiros and Fire Chief H. Verne Noyes from the State Fire Marshall ' s Office, giving approval to install the tanks . Mr. Bulgaris went on to say "I can take a lot, believe me, but I know he has made false accusations . If Merrimack Valley Planning Commission wants this man to represent them, maybe we should withdraw from the Commission. I don' t think it is right. " It was unanimously voted that the Board will look into what would be necessary in withdrawing from the Merrimack Valley Planning Commission. The annual appointments were made and are on file in the Select- men' s Office. The meeting adjourned at 9 : 45 p.m. Respectfully submitted, Doris Hodge, Secretary SELECTMEN' S MEETING JULY 24 , 1990 The Selectmen ' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectmen Joseph S . Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: July 10 , 1990 W1 7 , 117 . 26 Pl , 31 , 591 . 37 Swl 2 , 175 . 15 July 17 , 1990 W2 1321,589 . 53 P2 18 , 831 . 68 SW2 135 . 62 At the meeting of July loth a complaint was addressed regarding Paul Daubitz of 12 Annapolis Way, Plum Island, complaining about his neighbor, Michael Villane parking cars on Lot U2-119 , on which he has no permit. Mr. Villane ' s license dated March 19 , 1990 is restricted to Lot U2-115 only, according to Zoning Enforcement Officer Charles Powers . Mr. Villane was present at the meeting in answer to the complaint and told the Board that he was not aware that he couldn' t 'park cars on Lot U2-119 . The Zoning Enforcement Officer was asked for his recommendation and the Board agreed with him when he advised Selectmen' s Meeting (Continued) July 24 , 1990 Mr. Villane that his next step would be to go before the Board of Appeals and they would advise him what procedure he should follow, in order to apply for a license to park cars on Lot U2-119 . Mr. Villane agreed to comply with the recommendation. A dog hearing was held regarding a complaint of Mrs . Beulah Hardy of Central Street in Byfield against dogs owned by Mr. John Trant, her neighbor, who resides at 35 Central Street. Mrs. Hardy said that the dogs bark constantly from morning til night and even though she has spoken to Mr. Trant about the dogs, he has done nothing to alleviate the situation. Mr. Trant addressed the Board and said that he plans to move the dogs to the other side of the house but he is not sure if he can build a dog house in that area because of ledge problems. The Animal Control Officer, Richard Cunningham was asked for his recommendation and the Board agreed with him, that perhaps moving the dogs and setting certain hours that the dogs can be outside, would take care of some of the problem. A motion was passed to close the hearing and take the matter under advisement. The hearing resumed, and it was the unanimous decision of the Board that Mr. Trant shall make an effort to move his dogs to another area of the yard. Further, he shall , during the week, (Monday through Friday) put his dogs out after 6 a.m. and bring them in by 8 p.m. On weekends , depending on his work schedule, he shall put his dogs out after 8 : 00 a.m. and bring them in by 8 p.m. All parties seemed to be in agreement with this arrangement. Mr. Villane addressed the Board regarding other problems . He complained that cars are parking on Annapolis Way and he was concerned about fire engines not being able to get by in case of a fire. This will be looked into by Fire Chief Noyes. Another problem that Mr. Villane addressed was the fact that Mr. Daubitz is dumping garbage in his back yard and this in turn causes all kinds of animal problems , skunks , etc. This situation will be looked into by the Board of Health. A letter was received from Merrimack Valley Planning Commission' s Vice Chairman Lawrence Spiegel . The letter stated in part that the MVPC is not involved and certainly is not a party to Mr. Phillips ' concerns which were addressed at the Public Hearing held on July loth, regarding Angie ' s Service Station at Plum Island. The letter also stated that the Commission continues to want to communicate with the town in a positive manner to resolve this issue. Selectman Machiros declined any comment because he has been the main subject of alleged harassment by Phillips , however, the other two members of the Board were aware that other town officials have cited conflicts between Phillips and the Conservation Commission, Board of Assessors and some town workers . Selectmen Adams said that he felt that the letter from the Vice Chairman really skirted the real issue. Selectman Tevald felt that they never addressed the issue of changing the Chairman and it didn't look like they intended to . The two members felt that they should continue to stand by the Board' s previous conviction to explore withdrawing from the Commission. In other business , Selectman Adams brought up the subject of Selectmen' s Meeting (Continued) July 24 , 1990 the pond on the Green. He said that it is beginning to look bad, and he thought that the curbings should be taken out and it should be graded up with stone dust. The Board was in agreement with this . The meeting adjourned at 10 : 45 p.m. Respectfully submitted, ' Doris Hodge, Secretary SELECTMEN' S MEETING AUGUST 14 , 1990 The Selectmen' s meeting was held at 7 : 30 p.m. Chairman Angie Machiros opened the meeting. Selectman Joseph S. Tevald was present. Selectman Alan I . Adams was absent. The following warrants were signed by the Selectmen: July 24 , 1990 W3 124 , 599 . 52 P2 18 , 831 . 68 SRW2 135 . 62 July 31 , 1990 W4 50 , 776 . 67 P4 19 , 559 . 41 SRW4 25 . 74 Approximately 60 Oldtown Residents attended the meeting with reference to problems they have been having with rusty water and very low pressure. They said that they have been suffering for years with these conditions and felt that they have been patient long enough and intend to do something about it this time. Mr. Gary Kincaid, Chairman of the Board of Water Commissioners was in attendance, along with Commissioner Albert Zabriskie and Engineer Richard Bartlett. Chairman Machiros addressed Mr. Zabriskie and reminded him that he had given his word that something would be started right away, in order to show the Board that an effort was being made to correct the problems . This meeting was held two years ago and nothing whatsoever has been done. Mr. Zabriskie said that Whitman and Howard Engineers have been putting together a report and it should be completed in about two months . He said that this. report will no doubt show how these problems can be solved. Mr. Kincaid stated that no money was budgeted for this problem and therefore he didn ' t see how there could be any immediate action. Residents asked Mr . Kincaid what the 40% surcharge was for that they had been paying since 1958, and he said, "to maintain Newbury ' s portion of the water. .district . " Residents were not happy with any of the answers they received, and. said that they intend to pursue it further, even to the point of holding their water payments in escrow until something is done . Mr . Kincaid said that Thursday night (August 16th) the Board of Water Commissioners will be holding a meeting and Newbury ' s problems will be discussed . He said that he . will send us a letter immediately -and let us know what the Board ' s intentions are . Mrs . Lois Anderson addressed the Board and presented thirty letters from residents appealing to the Selectmen for help. Chairman Machiros and Selectman Tevald made it clear to the three representatives that they would not tolerate any further delays . Selectmen ' s Meeting (Continued) August 14, 1990 Bids for the Landfill Recycling Contract and Bids for the Road Materials were to be opened at 8 : 00 p .m. However, the residents had a number of questions that they wanted answers to, regarding the water situation. A motion was passed to open the Landfill Bids at 8 : 30 and the Road Material Bids at 9 : 00. Bids were received on the Recycling Contracts from P and . M, B. F. I . , Laidlaw and Robert Hildt . After reading the bids they were turned over to Robert Kelly, who attended the meeting, for his recommendation. Mr . Kelly reported back to the Board and recommended that the Bid from Robert Hildt of Gloucester be accepted. After careful consideration of Mr . Hildt ' s bid, the Board unanimously accepted Mr. Kelly ' s recommenda- tion and the bid from Hildt was accepted. ($15 ,400 per year) . At 9 :00 p.m. the bids on road materials were opened. Bids were received from Newbury Equipment Rentals , Trimount , Hi-Way Paving , Newbury Trucking and P. J . Broderick. After reading the bids , the Selectmen turned them over to the Highway Supt . for his recommendation. Mr. Osgood carefully reviewed the bids and came back with his recommendation that the bids from Newbury Equipment Rentals., Newbury Trucking (less the dozer) , and Hiway Paving be accepted . After careful consideration the Board unanimously accepted the bids recommended by the Highway Supt . The meeting adjourned at 10 :30 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN' S MEETING August 28, 1990 The Selectmen ' s meeting was held at 7 :30 p .m. Chairman Angie Machiros opened the meeting . Selectman Alan I . Adams was present/ Selectman Joseph S . Tevald was absent . The following warrants were signed by the Selectmen: August 7 , 1990 W5 46 ,458 . 99 P5 34, 654. 55 August 14, 1990 W6 52 , 539 . 93 P6 20, 525 . 00 SW5 121 . 17 A public hearing regarding the opening of package stores on Sunday was held at 7 :30 p.m. The Chairman asked twice if there was anyone present who wished to voice opposition. No opposition was voiced, and four. package store owners present spoke in favor . There was discussion regarding the hours the stores will be open on Sunday. Chief Merry was asked for his opinion, and he stated that he would recommend that the stores be open from 12 noon until 8 p.m. All interested parties voiced no opposition. The fee for the additional Sunday opening was also discussed. A motion was passed. to close the hearing . The hearing resumed and it was unanimously voted to accept the recommendation of Chief Merry and allow the stores to open 12 to 8 p.m. on Sunday (for a year) and at that time it will be reviewed . By a unanimous decision, Selectmen ' s Meeting (Continued) August 28, 1990 the board voted to waive the fee for this year, and there will be a nominal fee of a $100 . 00 increase next year. The Board unanimously appointed Andrew Avelis , Sr . as Asst . Harbormaster with special police powers for waterways and surrounding shores . At 8 : 00 p.m. a public hearing was held on petition of Massachusetts Electric Company, Plan #631 , dated July 23 , 1990, to place two new poles on 45th Street , adiacent to property owned by Ernest DiBurro and Earl Duxbury. Mr. Duxbury was present and said that the spot where one of the poles is to be placed is going to block his driveway so that he cannot park two cars there which he is in the habit of doing . If they could move it back approximately 8 feet , it would clear his drive- way, and there would be no problem. Another neighbor living in the immediate area suggested to the Board that perhaps Representative Moynahan from the Electric Company could meet with the concerned resi- dents before the poles were installed. Mr . Moynahan was present at the hearing . Chairman Machiros asked if he would be willing to meet with these men and he agreed to do this . A motion was passed. to close the hearing and take the matter under advisement . The hearing resumed, and a motion was passed that permission to put in the poles will be granted with the stipulation that Mr . Moynahan will meet with the concerned parties on Friday morning, August 31st , in order that all parties are satisfied with the location of the poles . Selectman Adams noted that boundary markers have been placed down at Parker River between Rowley and Newbury, showing that a line has been established by a marker on one bank and a marker on another bank. These markers he believed were put there by the shellfish constables of Newbury and the shellfish constables of Roeley. He said that it was officially established in 1635 that the Selectmen are the only ones that can mark the bounds and this is done jointly between the Board of Selectmen of the two towns of Newbury and Rowley. Until the Boards-;of Selectmen officially set that line marker, he said that he would like to ask for a recommendation from the Board of Fish Commissioners , stating when we can meet with them and let them know that the line markers have not been accepted by the Board as an official line , and until it is officially established where the line is , it is not up to the Shellfish Commissioners to put any markers in the ground . A motion was unanimously passed, "If the Selectmen wish to establish lines then this must be a ioint effort between both towns of Rowley and Newbury. " Bids for Recycling Receptacles were opened and read by the Board. Bids were received from IPL Products , LTD. , Buckhown, Inc . , Rehrig Pacific Company, Strainrite , Inc . , and Spectrum International , Inc . The bids were taken under advisement and referred to Robert Kelly, of Clark Engineers and Associates , for his recommendation. Mr. Kelly will have his recommendation for the Board at the next Selectmen ' s meeting September 11 , 1990 . It was unanimously voted that the Alan Whitford matter will be discussed at the next Selectmen ' s meeting . September llth. A letter of resignation from the Harbor Commission was received from Ralph Johnson, son-in-law of Percival Lowell . Mr . Lowell wished Selectmen ' s Meeting .(continued) August 28, 1990 to decline his appointment for reasons of poor health. The Board accepted his resignation with regret . The meeting adjourned at 10 :00 p .m. Respectfully submitted, Doris Hodge , Secretary SELECTMEN'S MEETING SEPTEMBER 11 , 1990 The Selectmen' s meeting was held at 7 :30 p.m. Chairman Angie Machiros opened the meeting . Selectmen Joseph S_ Tevald and Alan I . Adams were present . The following warrants were signed by the Selectmen : August 21 , 1990 W7 137 ,883 . 39 P7 34, 606 . 12 SW6 195 . 96 August 28, 1990 W8 22 , 581 . 10 P8 23 ,402 . 60 September 4, 1990 W9 36 ,003 . 21 P9 74,230. 20 Selectman Adams stated that he has met with the Newbury Shellfish Officers , the Rowley Shellfish Officers and Port Engineers , and the boundary line has been established and marked at Parker River, between Rowley and Newbury. Contract agreement between the. Town of Newbury and the Newbury Police Association was signed by the three Selectmen and Charles Eaton, who is the President of the Newbury Police Association. Chairman Machiros said that he was pleased and proud at the professional manner in which the members of the Police Association have conducted themselves during the long hours spent in drawing up the Contract . Mr. Eaton addressed the Board and said that all parties have worked together diligently in order to complete the Contract Agreement that is being sign- ed tonight . Chairman Machiros said that he , as one member of the Board was very pleased to sign the Agreement and Selectmen Tevald and Adams agreed, that after reading this important document , they too were pleased to sign. Chairman Machiros stated : "Let the records show, that on this date we have formally accepted this contract . " A letter of recommendation regarding the bids for household recycling receptacle bins was received from Clark Engineers . After careful review and consideration, the following recommendation was unanimously accepted by the Board: "Based upon our research, we recommend awarding the above contract to one or both of the following bidders : 1 . Spectrum International , Inc . - Price $8,970. 00 delivered ($3 . 90/unit) . Although Spectrum' s price is higher than some other bidders , our informal surveys have shown that residents will prefer the "crate" type containers . The actual price difference between Spectrum and the Selectmen ' s Meeting (Continued) September 11 , 1990 low bidder is $805 . 00 . Spectrum has indicated a delivery time of 3 to 4 weeks after bid award. This lead time is similar to all bidders . 2 . U. F. Strainrite , Inc . - Price $8 , 625 . 00 delivered ($3 . 75/bag) . Strainrite ' s price is also not the lowest , but their unique bags merit additional consideration especially for use by elderly or physically handicapped persons . Strainrite ' s delivery time is 3 to 6 weeks , dependent on the complexity of the Town ' s printed logo . " The Fish Commissioners have requested permission to open the clam flats on Sundays and Mondays for the next six weeks , at which time (Nov. 1) , they will be open seven days a week until April 1st , 1991 , according to Town Regulations . Chairman Machiros and Selectman Tevald saw no problem, and the request was granted. Selectman Adams adstained from voting . Scott Johnson, representing the Playground Association was present at the meeting and discussed with the Board, fundraising ideas . Mr . Johnson said that the Association needs support from the Selectmen as to a site for the playground. Selectman Tevald said, "We reviewed a secondary site with the Playground Committee on the other side of the fence at the Baseball Field. He said that in his opinion it was a more useful area , whereas parents with kids playing baseball , can also take their other children to the playground area . He said that he thought the Little League Fence could be moved toward home plate up to 20 feet , broadening the amount of land that can be used for the playground (as well as space for additional parking) . Selectman Tevald said "I would move to accept the area of Lunt Street for the playground site . " Chairman Machiros asked twice if these was anyone in the audience who was opposed to this site . No opposition was voiced. The �fence .will be moved by a professional A motion was unanimously passed to accept the suggested site . The Alan Whitford matter was addressed with Mr . Whitford and his attorney, Nancy Attaya, being present . Attorney Attaya and her client are attempting to change the zoning district as it now stands . Mr . Whitford ' s shop at 94-96 Orchard Street is in a residential agricultural zoning district , and they are desirous of changing the area to a residential-limited business district . Selectmen said that they have no obiecti_on to a warrant article for the change being placed on the Annual Town Meeting Warrant (as long as Attorney Attaya makes certain changes in her warrant article and forwards them to the Board immediately) . Attorney Attaya agreed to make the changes as discussed, in order to satisfy the Board ' s obiections as to the way the articles were written. She said she will forward the corrected proposed articles immediately, as the Planning Board hearing is set for October 3rd at the Town Hall to hear support and opposition to the plan. The Board said that the original special permit states that Whitford is permitted to conduct business between the hours of 8 and 5 , Monday through Saturday, and no business is to be conducted on Sunday. There shall be no signs attached to the building which exceed 10 square feet . There shall be no unregistered or junk vehicles on the property and a fence shall be erected . The Board stated that the original special permit must be attached and applied to the warrant article . Attorney Attaya agreed to do this . Selectman Adams said that he would approve of the warrant article , but expressed reservation that the lawsuit would be Selectmen ' s Meeting (Continued) September 11 , 1990 settled so easily. Mrs . Lois Anderson, who is an interested party, regarding the quality of Oldtown Water, attended the meeting mainly to let the Selectmen know that she did attend a meeting tonight of the Newburyport Water Commissioners . -She said that she was quite enlightened to hear Gary Kincaid say that plans are definitely in the making for the installation of new pipes in at least part of the water line in Newbury by late fall or early spring . Mrs . Anderson said that they will be meeting again on October 9th and she will keep us informed of any further progress . The meeting adjourned at 9 :30 p.m. Respectfully submitted, Doris Hodge , Secretary S.F_,T,ECT.MFN I S MEETTNG SEPr"EMRER 25 , 1 Q 9 0 The Selectmen ' s Meeting was held. at 7 : 30p.m. Chairman Machi_r_os opened the meeti_na. Selectmen Joseph S. Tevald and. Alan T . Adams were present. The following warrants were signed by the Selectmen: September 11 , 1_990 W10 $41 , 451. . 84 P10 19 , 118 . 46 S7 450 . 00 September 1.8 , 1990 W1.1_ 127 , 647 . 71 P1.1 72 , 980 . 96 S8 164 . 59 Chairman .Ma.chi_ros asknowled.ged. Doris Hodge ' s retirement as Secretary to the Selectmen. He made special recognition of her service to the community and. the Wonderful manner in -hich she has conducted. herself over the past_ years . A very special standincr round, of applause was extended. to Doris by all in attendence. Doris .promised to visit from. time to time and. all Town Hall_ personnel_ extended their_ best 1�7i_shes . Chairman Machi_ros spoke of the financial problems of the town. The town must raise over S200 , 000 . 00 by December 1_ or a special_ town meetina might have to be called to amend the budget. He stated that the town cannot get by Nvithout an Overri-de because no monies are spent unti_1 they are received. A list of delinquent taxes (due June 30 , 1Q90 ) has been prepared. This del_i_nquencv is ve.r_y unfair to the citizens who pay their_ taxes on time in support of the town budget . Selectman Tevald stated. "all_ communities have aone thru this at one time and some have been forced to publish the names of delinquent tax pavers" . He hoped that the people_ of our community would .respond to the request for these monies owed or Selectmen ' s Meeting (Continued) September 25 , 1990 the town -ill be forced to take an action never before taken. He noted that it i_s the Treasurer ' s responsibility to collect these taxes . The Board is not trying to usurp that power. we are addressing the problem coJ_lecti_vely in hopes of finding a solution. Selectman Adams stated "the town has always been willi_na to work with the peoplewho have problems , but maybe a little nudge from Board will help" . The only other alternative would be to call a special meeting (as mentioned by Chairman Machiros ) to .reduce the budget. Chairman Machiros reiterated that this is a very serious problem. it is the first time the town has been faced GTi_th such alar_ge amount of uncollecta.ble taxes and. it is no way to run a ship (or_ a town) . A Memorandum of Understanding relative to receipt of Equal Educational Opportunity Grants for PY 91 for Triton District was directed to the Board for signatures . There was a auesti_on posed on the funding for EEO and Chairman Machiros requested that it be looked into carefully before any signatures were affixed. Application for a one day license for the sale of Alcoholic Beverages (Special Permit #39 ) from Old Town Country Club was presented and unamimously approved. Essex County Gas Co. applied for two permits to open and excavate the street. The first at 31 High Road at Graham Street for the purpose of sealing bell ioints and the second. at Hay Street at Old. Par_m way for the purpose of repairing a gas condition. Roth were approved with the stipulation that the Gas Company strictly adhere to the plans drawn and. our Highway Superintendent be notified. before any work is started and be present at .the time the street is dug up and closed.. A request was made for the use of the Newbury Green on Sunday, September 30 (raindate Oct. 7 ) for Martha Arias of 14 Boston Road. As the Green is only reserved Sundays for Town and. School functions , the request was denied.. Doris i_ntrod.u.ced a gentleman, Eric Roth, from New England Living Maaazine. He requested permission to do a photo shoot on Plum island in the area of the Pa.rki_ng riot at the end of the causeway. A camper will. be brought in and parked there for the purpose of preparing food for a beach picnic. The date requested is Friday, October 5 , 1990 , weather permitting. Chief .Merry stated he saw no problem as this is not a busy time of year at the beach. Chairman Machiros questioned Mr. Roth on the menu. The request was unamimously approved with. the provision that Chief Merry be notified on the day before the shoot begins and that the camper_ not be brou.aht onto the beach. Mr. Roth agreed and expressed his thanks . He noted the possibility of the Town of Newbury being mentioned in the credits for the photos . Selectmen ' s Meeting (Continued) September 25 , 1990 A .request was made for Mrs . DuShame of By-Field to close a section of the street between Church and. Central Streets for a crafts fair being held. on Saturday, September_ 29 , 1.990 . Chief Merry saw no problem with the request. Selectman Tevald added it was probably a very good idea to prevent accidents , especially with the number of children in attendence. The request was unanimously approved. Chief Merry announced. an abandoned property auction on October_ 27 , 1990 between 8a.m. and 10a.m. at the Hiahwav Barn. The properties being auctioned will be abandoned and unclaimed bicycles and gas tanks . Dick Joy will be the auctioneer. Chairman Machiros spoke of the landfill and. recycling. He spent some time a the r_ecvcli_nq area and noted that 2 of 11 persons were recycling. There are axa signs posted. directing the people to the different areas and any auestions can be answered by the T_,andfi_11 Superintendent. Selectman Adams brought. up the sub.lect of closing time at the landfill , which is posted as np.m. He said a neighbor was turned away at 3 : 45p.m. and questioned this action. Chairman Machiros stated that the time of closing will be ap.m. , but he also hoped the people of the community would use a little common sense and not show uo at the landfill at fi_Ve_ minutes before closing with a large deposit thereby preventi_nq the timely closing of the area. The meeting was adlourned at 8 : 15p.m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN' S MEETTNG OCTOBER 9 , 1990 The Selectmen' s Meeting was held at 7 : 30p.m. Chairman Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan T . Adams were present. The following warrants ,were signed by the Selectmen: September 25 , 1990 W1.2 $133 , 768 . 59 P12 22 , 193 . 04 October 2 , 1990 W13 39 , 684 . 50 P13 75 , 192 . 91 Chairman Machiros noted that after_ spending some time at the landfill on Monday, he was pleased that the number of persons recycling had increased to L out of 1.2 . The people seem to be more invol_vec7 . He suggested that perhaps a little promotion by the Town would. encourage even more participation. He proposed the purchase of Banners which would be posted in strategic Selectmen' s Meeting (Continued) October 9 , 1990 locations, such as the Landfill , and Centers of Newbury and Byfield. The message on these banners would read "Newbury' s recycling - Vets all pitch in" . The banners would be in Newbury colors with the recycling logo displayed prominently. After a short discussion the proposal was unanimously accepted by the Board. Selectman Adams inquired as to the availability of the house hold recycling bins . Chairman Machiros replied that they should be available within 10 days and can be picked up at the landfill at that time. Bruce Irvi_nq, Chairman of the Finance Committee was asked to give his committee ' s view on our tax situation and where we stand at this time. Mr. Irving asked that Dolores Krupowicz , Treasurer/Collector, be asked to present her recommendation. Mrs . Krupowicz was called before the Board. She stated since the notice of the towns financial crunch appeared on Sept. 26 in the newspaper, she has had some response, but not as much as she had anticipated. As a result of over $300 , 000 . 00 being owed in back taxes she had had to borrow money to cover the town bills and now must collect these delinquent taxes to repay this debt. She recommended a plan which gives those persons who have not made special arrangements with her until November 1 , 1990 to make payment at which time she will publish names of those still delinquent and take legal action against them (that being a lien against their property) . This recommendation was unamimously approved by the Board. Chairman Machiros added that the citizens of Newbury should be made aware that no permits or contracts can be awarded until all such taxes are paid. Mr. Irving reported that Accounts Receivable for fiscal year ending June 30 , 1990 are exceptionally high with over $200 , 000 . 00 still outstanding. The true impact of State cuts since FY88 was _loss of $466 , 000 . 00 which represents 130 of the towns operating budget and if CLT passes it will impose an extra burden on the budget of the mown. Newbury is .fiscally sound despite a paper deficit but we need an agressive collection program of "SERVICES PROVIDED - SERVICES PAID FOR" said Mr. Irving. The Town can recoup this year thru available funds from "FREE CASH" of $290 , 000 . 00 A special meeting will have to be called to reduce the budget and approve use of this money. . However, he stated, this action will reduce the towns liquidity and cash flow going into the next year. We need to collect those delinquent taxes to keep the budget in balance. The Board thanked Mr. Irving for his report and assessment of the situation. Chairman Machiros reiterated that despite a slight deficit, the Town is fiscally sound. As voted we will proceed with advertising for bids for new trucks for the Highway Department so they will be available before. Selectmen ' s Meeting (Continued) October 9 , 1990 snow flies . As additional funds become available we will honor our commitment to Triton and the Elementary Schools . A question was raised as to whether the bond for the Elementary Schools was tax exempt. Selectman Tevald stated he was 99% sure the committee requested it be written as tax exempt. This matter will be investigated by the Finance Committee and the Board. Chairman Machiros addressed a complaint from several residents of Silverledge Road. In attendance were Joseph Fix Stacy Fix, Mary Doherty, Rick Tobin and Steven Bresnahan, all abutters of #4 & #5 Silverledge Road, properties owned by Mr. Fred Jackman. Chairman Machiros asked that they relax. The Board was here to work with them not against them and he asked if they had assigned a spokesman for the group. Joseph Fix opened by stating as they wrote in their letter, they were here to question the legality of the properties at #4 & #5 Silverledge Road being used as two family houses . He cited building and health regulations which appear to be in violation. Stacy Fix and Mary Doherty stated they had each spoken with the Building Inspector regarding this situation and structural work being done on the properties and they were not fully satisfied with the answers received. Charlie Powers, Building Inspector, was called to address these questions. Mr. Powers stated that the neighborhood in question was zoned for one and two family houses and in-law apartments . The two houses at #4 & #5 Silverledge Rd. were zoned for in-law apartments . He and Mr. Hurst, the plumbing inspector, had visited these properties and all permits for work being done were in order. As to the interpretation of an in-law apartment and who is related, he felt it was a very cloudy issue. In order to make such judgements and enforce the laws he would need a clearer interpretation and more stringent law from the Planning Board. He had to proceed very carefully to be sure his accusations would hold up in court if the case ever came to that. Chairman Machiros stated that Mr. Jackman would be called to appear before Mr. Powers to answer these complaints . Mr. Bresnahan commented that they had each purchased their homes in what they believed to be a quiet, safe, residential neighborhood not realizing they would be living next to two apartment houses. In the last few months the number of cars , people and late night noise had greatly increased, as well as the instances of cars racing from these two driveways and up the street endangering their children. Chairman Machiros expressed great concern over these statements and said when 'public safety and welfare of residents are being threatened or a public nuisance is being caused the Board would certainly take any steps necessary to rectify the situation. In the absence of Chief_ Merry, Officer McCarthy was called to sit in on the hearing. Officer McCarthy stated the residents should immediately call the police station with any reports of speeding cars or late night disturbances and in Selectmen' s Meeting (Continued) October 9 , 1990 f the meantime the department would patrol the neighborhood and watch for potential problems . Rick Tobin asked that the Board make a definitive decision on this complaint and the neighbors would cooperate by keeping the police department and the Board updated on the situation. Officer McCarthy invited the five residents to visit the Police Station downstairs to see how the system works so they would be more comfortable with + making reports of disturbances . Chairman Machiros stated he hoped this matter could be resolved and a common solution could be reached without having to spend the taxpayers money ona court battle. As Mr. Jackman was not present to defend his position, Chairman Machiros moved to further investigate this complaint. This motion was unamimously approved. Applications .for two one day licenses for the sale of Alcoholic Beverages (Special Permits #40 & #41 ) from Old Town Country Club were presented and unamimously approved. Marcia Peirce, Town Clerk, submitted a proposal to increase Liquor License Fees and presented with it a listing of fees charged by surrounding towns . After a short deliberation the proposal was unamimously accepted. Mrs . Peirce will send out notices to this effect next month. Chairman Machiros stated the Board would look at the money situation by the next meeting and at that time would set a date for a special town meeting if needed. The meeting adjourned at 8 : 55p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN' S MEETING OCTOBER 23 , 1990 The Selectmen ' s Meeting was held at 7 : 30p.m. Chairman Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: October 9 , 1990 W14 $101 , 421 . 93 P14 19 ,014 . 13 October 16 , 1990 W15 69 , 361 . 21 P15 77 , 168 . 46 Chairman Machiros asked Chief Merry if he had anything to report on Silverledge Road. Chief Merry replied he had no reports on the properties in question but had received other Selectmen' s Meeting (Continued) October 23 , 1990 unrelated . complaints on the street. Chairman Machiros stated Mr. Jackman' s properties were still under investigation and Mr. Powers was pursuing the matter. Dick Cunningham, Town Constable, was asked to sign the warrant for the Election of November 6 , 1990 . In a communique from the Mass. Municipal Association the cities and towns of the Commonwealth were asked to take a public stand on Question 5 . Chairman Machiros stated the Board has never before taken such a stance but in this instance he was personally in favor of doing so. Question 5 if approved, would return to the cities and towns 40% of all revenue from the Lottery as well as state income, sales, and corporate taxes . Selectman Adams commented that this was the law that hopefully would have straightened Massachusetts out years ago but it had fallen by the wayside. He stated he would support Question 5 100 Selectman Tevald made it unanimous . Chairman Machiros asked that the records show in the form of a resolution "ON THIS 23RD DAY OF OCTOBER 1990 AT 7: 40P.M. THE BOARD OF SELECTMEN OF THE TOWN OF NEWBURY BY RESOLUTION HAS SUPPORTED AND WILL ENCOURAGE THE CITIZENS OF THE TOWN OF. NEWBURY TO SUPPORT QUESTION 5 ON THE BALLOT. Dick Cunningham asked if the Board had a position on Question 3 . The Board declined as did Mr. Cunningham when asked for a commitment. A permit was granted Essex County Gas Company to excavate 36 Main Street for the purpose of installing a new gas service. A new home occupation license was tenatively approved pending the appearance of the principals before the Selectmen. Jeff Smith of Chute Road, Byfield, representing Troop 44 of the Boy Scouts of America, , was welcomed by the Board. He was in attendance to take notes as part of a service project to complete his LIFE status . Mrs. Smith commented that this was just one step from Eagle Scout. Jeff requested a copy of the town budget to submit with his notes . Chairman Machiros said he was welcome to a copy of the budget but suggested he take a copy of the Annual Report instead as this contains complete information on the Town. Selectman Tevald presented a copy of the Annual Report to Jeff at the conclusion of the meeting. Chairman Machiros noted that the Board still had plenty of time to post a special meeting if it was needed. This decision would be postponed until the Board could discern the amount of tax money coming in. Selectmen' s Meeting (Continued) October 23 , 1990 The meeting was adjourned at 7 : 55p.m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN'S MEETING November 13 , 1990 The Selectmen' s Meeting was held at 7 : 30p.m. Chairman Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: October 23 , 1990 W16 $136 ,652 . 46 P16 20, 993 . 17 October 30, 1990 W17 30 ,904 . 58 P17 76, 234 . 43 SW9 42 . 50 November 6 , 1990 W18 97 ,891 . 87 P18 17 ,664 . 97 Chairman Machiros announced the date proposed by Michael Roy and his committee for "CHRISTMAS ON THE GREEN" is December 9, 1990 at 3 : 30p.m. Selectmen Tevald and Adams unanimously approved this date. The Board recognized Don Marrs of M & M Rubbish Removal who had asked to speak at the meeting. Mr. Marrs questioned why his trucks were not being allowed in the Landfill . Chairman Machiros replied he was not a resident of the Town and his trucks had NH registrations. Mr. Marrs stated he was hauling PI trash for PI customers . His loads could be checked and he felt the Board was discriminating against his company. Selectman Tevald asked how long Mr. Marrs had been hauling and he replied the company had been in business since .1957 . Selectman Adams restated that to access the Landfill you must be a resident or property owner and have a landfill sticker. Chairman Machiros said the Board was certainly not trying to violate anyone ' s civil rights. With the implementation of recycling, the people of Newbury have become more vigilant about their landfill. and the Board had received several calls from residents questioning the right of NH trucks to dump at their landfill . The Board was therefore mandated to follow through on these complaints . Mr.McKeown, Mr. Ackerly, Mrs. Daly and several residents of PI were in attendance and spoke in defense of Mr. Marrs, stating that he was very reasonable and especially helpful to the elderly. Mr.McKeown was especially vocal and upset and questioned where they could find the same service for the same money. Chairman Machiros replied he could Selectmen' s -Meeting (Continued) November 13 , 1990 not suggest or appoint a hauler. After a short debate on this situation, Mr. Marrs stated he would become a resident of Newbury tomorrow and thereby be eligible for a landfill sticker. Mr. Burl Leonard of PI was recognized by the Board. He questioned the continued building on PI. Charlie Powers, Building Inspector, was called to address Mr. Leonard' s complaint. Mr. Powers stated he had inspected the properties referred to and had sent letters to the owners, all who have valid building permits . Work was delayed but still going forward on one house in particular due to limited funds on the owner ' s part. When completed this house will conform to all building codes. Chairman Machiros asked that the records show this is the fourth or fifth time Mr. Leonard has voiced these same complaints to the Board. Each time his concerns have been answered by the Board and Mr. Powers . Mr. McKeown of PI complained that his neighbor has a 35 ' boat stored in the front yard and he questioned the legality of this storage. Mr. Powers was once again asked to make a ruling. Mr. Powers replied that he would look into the matter but as long as the boat was stored on the owners property and not infringing on his neighbors property, it was legal . The only stipulation being that the owners could not live on the boat. A permit was granted Essex County Gas Company to open and excavate 22 Hay Street for the purpose of installing a new gas service, street to house, approximately 50 ' . A population survey received from the Alcoholic Beverage Control Commission was presented to the Board. By actual count from our Town Clem. the population of Newbury as of Nov. 1 , 1990 is 6 , 256 . This figure was duly reported and the certificate signed by the Selectmen. A preliminary renewal for permit year 1991 from the Outdoor Advertising Board was granted Ackerly Communications, Inc. - permits #16326, 16326A, 22452 , 22452A. Chairman Machiros stated in regards to Seabrook, we have two issues to address. First, we have had a communique from John L. Lovering, Acting Director, of the Mass. Civil Defense Agency offering his agency' s assistance in developing a Comprehensive Emergency Managemant Plan for our community. This all hazard plan would be designed to assist the town in responding to a natural or technological emergency. Under Federal PL99-499 known as SARA TITLE III all communities are required to have such a plan for a hazardous material emergency. Chairman Machiros asked Chief Merry for a progress report. Chief Merry replied the plan was not yet complete but the Police, Fire, & Highway Departments were working diligently on its completion. The Selectmen' s Meeting (Continued) November 13 , 1990 Board voted to accept any and all help offered by Mr. Lovering in developing this plan. Secondly, the Board received a letter from the Newbury School Committee asking the Selectmen to place An article on the warrant of the next meeting to allow the committee to explore evacuation planning of the school children during school hours in the event of an emergency at the Seabrook Nuclear Power Plant. This planning process would be under the control of the Police and Civil Defense Departments. Chairman Machiros stated he felt we had a moral responsibility to all our citizens to face this issue and the Board unanimously agreed that an article would be placed on the warrant to develop such an emergency response plan. For the records and the press , Chairman Machiros stated he was disturbed after attending a meeting in Newburyport a few weeks prior. In times before Seabrook came on line, towns were urged by the Commonwealth to have an emergency response plan. At that time the list of materials needed for such a plan were prohibitive to small town budgets . The Utilities realizing the burden this placed onthese towns offered to supply the needed equipment which was looked at as a bribe. At that time Newbury made no effort to take a stand for or against Seabrook. We simply stated that at this time we could not develop a plan to safely evacuate our people due to the geographical location of our Town and the layout of our roads. Now, however, with Seabrook on line and running at 100% an evacuation plan has become a necessity. Selectman Adams moved that we approach the Utility with a request for any materials they could provide to implement an emergency evacuation plan. Selectman Tevald seconded the motion and it was passed unanimously. Chairman Machiros announced "good news" from the Newburyport Water Board. After several meetings with Mayor Matthews and the Water Board, an agreement has been reached to start work immediately on replacing our water lines . Starting Monday, November 26, the water department requested permission to begin excavating the left side of High Road from Morgan Avenue to beyond the lights to the Short house for the purpose of installing a 12" main and hydrants . The purpose of installing this line on the left was to prevent problems with existing gas lines, electric lines and the old pipes . Chief Merry said he was no problem as long as they had valid permits from the State and made the proper tie-ins to the existing lines . The Board unanimously approved this request. Newburyport had asked for assistance from our Highway Department to supplement their people and speed the work of excavating the road. Mr. Osgood and his department will assist whenever they ate free from town projects. Mayor Matthews promised work would progress until prohibited by the weather and he pledged his commitment to complete this project in the spring. Selectmen' s Meeting (Continued) November 13, 1990 An invitation for sealed bids for two trucks and plows for the Highway Department will be posted in the Daily News. Bids will be opened and read at the Selectmen' s Meeting on December 11 , 1990 . Chairman Machiros advised the Board that he had received from the Department of Environmental Protection the necessary work order and signed bill of lading for removal of 365 yeads of soil with an approximate value of $8 , 000 . 00 from Angie ' s Service Station on PI to any landfill . Chairman Machiros offered to donate this soil to the Newbury Landfill for use as ground cover. Selectmen Tevald and Adams both replied the Town would be happy to accept this donation. It was unanimously decided that a Special Town Meeting would be held on December 4, 1990 at the Round School at 7 : 30p.m. to consider four articles. 1 ) Rezoning of the Whitford property, 2 ) Reduce the budget on paper by $194,464 . 00 3 ) Replace these monies with available funds 4 ) Rescind the 1986 article prohibiting an evacuation plan and institute an article to develop such an emergency response plan. The meeting was adjourned at 9 : 15p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN' S MEETING November 27 , 1990 The Selectmen ' s Meeting was held at 7 : 30p.m. Chairman Machiros opened the meeting. Selectmen Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: November 13, 1990 W19 $68 , 589 . 99 P19 76 , 969 . 64 November 20 , 1990 W20 37 , 066 . 26 P20 20 ,846 . 25 Chief Roger Merry was recognized by the Board. He was asked to introduce the gentlemen being recommended for reserve officer appointments in the Newbury Police Department. The three appointees are Thomas Canning, Robert Wile, and David Noyes . Mr. Canning and Mr. Noyes were present. Mr. Wile was absent. Chief Merry said he was proud to.1_rec:ommend .these -three young men as reserve officers of his force. Mr. Canning and Mr. Noyes would benefit from being appointed now and would then '` enter the Reserve Academy in December to complete their training. Selectmen' s Meeting (Continued) November 27 , 1990 Mr. Wile is one of .four officers laid off from the Newburyport force and can start immediately. He is a certified Academy Trainee and First Responder. All three candidates scoted exceptionally high in all their tests and Chief Merry felt sure they would be a great asset to our town. The Selectmen agreed with Chief Merry that these young men were excellent choices . Selectman Adams made a motion that the appointments of Mr. Wile, Mr. Canning, and Mr. Noyes be accepted as recommended by Chief Merry. Selectman Tevald seconded the motion. The appointments were unanimously approved. Mr. Canning & Mr. Noyes were personally congratulated by the Board. A "Home Occupation License" was presented to the Board by Mr. Hallett Colby for approval . The Board asked if he under- stood and could abide by the by-laws governing a home occupation. Mr. Colby stated that he did understand these laws. The license was unanimously approved. Chairman Machiros asked Mr. Moynihan of Mass Electric for a status report on the overhead electric power lines at Plum Island Turnpike. Chairman Machiros stated his concern that low voltage could cause burners to misfire and spark thereby causing a flash fire. Mr. Moynihan replied that Mass Electric was waiting for approval from the State Army Corp of Engineers but he would all he could to expedite the installation. At eight p.m. a Public Hearing was held on the petition of Mass Electric and N.E. Telephone & Telegraph Co. plan #632 , dated 9/28/90 to relocate ( 1 ) pole #135 on Kent Way adjacent to property owned by Mr. R. J. Kelly. No opposition was voiced. M. Hinz representing R. J. Kelly spoke in favor. The hearing was closed and the matter taken under advisement. The hearing resumed and Selectman Adams made a motion that permission be granted to relocate pole #135 . Selectman Tevald seconded the motion and the petition was unanimously approved. Selectman Tevald mentioned the new sign at Old Byfield Center. He stated he felf it was out of character with the Center and garrish at best, causing quite a negative reaction with the townspeople. He asked Mr. Hinz if it were possible to somehow tone down the color and brightness of this sign. Mr. Hinz replied he would pass the message on to his superiors but knowing the cost of the sign, he thought it would probably stand as is for awhile. Chairman Machiros mentioned the new laws governing Procurement of goods and services. Pursuant to Chapter 30B of the Massachusetts General Laws, all cities and towns must have a Selectmen' s Meeting (Continued) November 27 , 1990 CPO to oversee the purchase of all supplies and services exceeding $1 ,000 , not extending to real property. Selectman Adams moved that Mr. Machiros be appointed CPO and Selectman Tevald seconded the motion. A permit was granted Essex County Gas Co. to open and excavate #6 & 7 Central St. for the purpose of installing a new gas service. Renewal of a Beano & Charity Game License for Fire Protection Co. #2 was approved for the period ll/l/90 thru 10/31/91 . A one day license (Spec. permit #42 ) for the sale of alcoholic beverages was granted Fire Protection Co. #2 for Friday, 11/30/90 from 7p.m. to 12 : 30a.m. The license fee was waived. Continental Cablevision as a sponser for the collection of canned goods and other items for distribution to the Development for Dependent People requested permission to use the parking lot in front of Town Hall , Sunday, 12/16/90 from 12-2p.m. A van would be parked in the lot to facilitate this collection. Their request was unanimously approved. The following applications for the renewal of liquor licenses for the year 1991 were presented from the Alcoholic Beverage Control Commission. All Alcohol - Restaurant Scott Dehetre d/b/a Buddy' s Restaurant Gloria Merola d/b/a Beachcomber Club - Wine & Malt Old Town Country Club, Inc. Ould Newbury Golf Club Package - All Alcohol SKK Inc. d/b/a Corner Cupboard Byfield Assoc. d/b/a D & J Liquors Gu 1;f rd-' s 'Packag:e .St:bte./,: Eric.. ':d/-b%a Mr. Moe' s Package - Wine & Malt Jane McNeal d/b/a Pi' s Willey Clifford d/b/a Dick ' s Variety Tracy Apothecary Corp. d/b/a Byfield Pharmacy All applications were unanimously approved. Selectman Joseph Tevald expressed his deepest sympathy to all persons who sustained a loss in the Sabbath Day Farm fire. "People are in real need of a facility such as Sabbath Day Farm. " "It was a vitale asset to Byfield" , he said. He also expressed his wish to provide any help possible to facilitate the rebuilding of this property. Selectman Adams also expressed Selectmen' s Meeting (Continued) November 27 , 1990 his condolences to the owner, manager, and all the people who lost horses and agreed that the Board should extend their offer of aid. Chairman Machiros also offered his sympathy. He advised the Board that he as Chairman of the Board of Health and the Animal Control Officer, Dick Cunningham, had ordered the horses buried Saturdaymorning at 9 : 35a.m. with the approval of Mrs., Jespersen. The burial site on farm property being more than 100 ' from any public well and more than 3-400 ' from any stream. He also agreed that the Board should offer whatever assistance they could within their jurisdiction. The meeting adjourned at 8 :25p.m. Respectfully submitted, Kathleen Sirois , Secretary SELECTMEN' S MEETING December 11 , 1990 The Selectmen' s Meeting was held at 7 : 30p.m. Chairman Machiros opened the meeting. Selectman Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: November 27 , 1990 W21 $575 ,537 . 97 P21 91 ,256 . 52 SW10 153 . 59 December 4 , 1990 W22 38 ,483 . 58 P22 19 ,603 . 91 SW11 84 . 14 The Board expressed their gratitude both personally and publicly to Dick -Cunningham, Animal Control Officer, and his assistant, Jim Cunningham, for their quick response, timeless energy and the tough decisions they had to make at the Sabbath Day Farm fire. They worked tirelessly under devastating conditions and their efforts should not go un-noticed. In regards to Mass Electric Co. ' s application to construct an overhead electric power line at Plum Island Turnpike over the waters of Plum Island River, the Board was in agreement that for the records they had no objection to the project. Chairman Machiros advised the Board and the public that one of the sealed bids for the trucks had arrived after the 3 : 30p.m. deadline. He asked the Board if they would allow the bid to be included. Selectman Adams replied that he felt it was in the best interest of the Town and the Community to have as many bidders as possible and he would have no objection. No Selectmen' s Meeting (Continued) December 11 , 1990 one in attendence voiced an objection. Selectman Adams made a motion that all bids be read. Selectman Tevald seconded the motion. At 7 : 45p.m. the bids were opened and read. Bids were received from Ipswich Ford Sales, Inc. , Donohue Motor Co. , Dyar Sales & Machinery Co. , Noble Chevrolet/Geo, Ramelli Ford Sales , Inc. , and Liberty Chevrolet. After reading the bids, they were turned over to Phillip Osgood, Highway Superintendent,- for his recommendation. Mr. Osgood carefully reviewed the bids and come back with the recommendation that the bid from Donohue .MotorCompany be accepted subject to confirmation that the one-ton dump truck was 4-wheel drive as required in the specs . After careful consideration the Board unanimously accepted the recommendation of Mr. Osgood with the provision that the dump truck be four wheel drive. This not being the case, the second lowest bidder, Noble Chevrolet/Geo would then be awarded the bid. The Board reviewed and approved the following license renewals for the year 1991 : PITA Hall - Dancing weekdays, Common Victualler, Parking Lot Harry Foote d/b/a Bird' s Nest - Gifts and Crafts Daniel Souza d/b/a Dan' s Hair Haus - Beauty Shop.. Ann Palumbo Webber d/b/a Colonial Coiffeurs - Beauty Shop Robert L. Upton d/b/a Upton Farms - Buy & Sell Gifts etc. Mae Atkinson d/b/a Mae Atkinson Antiques - Buy & Sell Gifts etc. Judith Fionda d/b/a Parker River Trading Post - Buy & Sell Gifts etc. Susan H. Saunders d/b/a The Heart of Byfield - Buy & Sell Gifts etc. Leslie A. Haley d/b/a Newbury Hair Design - Beauty Shop Donald & Dorothy Phillips d/b/a Phillips Parking Lot - Parking Lot Michael Doyle d/b/a Doyle ' s Apothecary Inc. - Buy & Sell Gifts etc. Luciano A. Capodilupo d/b/a R.C. Arts & Crafts - Buy & Sell Gifts etc. Paul & Kathy Visconte d/b/a Scoop du Jour - Common Victualler, Sunday Ice Cream Jane F. McNeal d/b/a PJ' s - Common Victualler, Milk, Sunday Ice Cr. Ralph Johnson, Mgr, Ould Newbury Golf Club Inc. - Common Victualler, Dancing weekdays, Milk, Sunday Ice Cream, Soft Drinks Evelyn Mahoney d/b/a Guilfords Package Store - Milk, Parking Lot U-2#12 A one day license (Special Permit #43 ) was approved for Fire Protection Co. #2 for Monday, December 31st from 8p.m. to la.m. The fee was waived. The Selectmen unanimously agreed that the regularly scheduled meeting on December 25th be waived due to the Christmas Holiday. A public hearing on the tax levy for fiscal 91 will be scheduled for Thursday, December 20th at 7 : 30p.m. Any business that arises will be handled at that time. A proposal was presented by John Koney, Landfill Superintendent, and Marcia Peirce, Town Clerk, regarding dump stickers and parking permits for PI . The following fees for FY91 were proposed: Selectmen' s Meeting (Continued) December 11 , 1990 Household dump sticker - $5 . 00 - limit two per household 6-wheel pick up - $25 . 00 Commercial pick up - $75. 00 - sticker transferrable within Co. Packers - $200 . 00 - sticker transferrable within company Also proposed was the possibility of issuing temporary parking permits for PI , with property owners only being issued a yearly sticker. Mr.Koney spoke in favor of the proposed fees , stating that they would still be much lower than most surrounding towns . After careful consideration by the Board, Selectman Adams moved that the $5 . 00 fee be accepted as proposed. Selectman Tevald seconded the motion and it was unanimously approved. The other fees will be taken under advisement. The perambulation of bounds with the Town of Rowley will be held on Saturday, December 15th. Selectman Adams and Selectman Tevald agreed to represent the Town of Newbury. The meeting adjourned at 8 : 25p.m. Respectfully submitted, Kathleen Sirois, Secretary SELECTMEN'S MEETING December 20 , 1990 The Selectmen' s Meeting was held at 7 : 30p.m. Chairman Machiros opened the meeting. Selectman Joseph S. Tevald and Alan I . Adams were present. The following warrants were signed by the Selectmen: December 11 , 1990 W23 $175 , 422 . 90 P23 110,777. 81 SW12 106 .65 December 18, 1990 W24 70 ,035 . 12 P24 17 ,954 . 30 Notice of the Public Hearing was read as follows : In accordance with Chapter 369 , Acts of 1982 , Section 1 , the Board of Selectmen of the Town of Newbury will hold 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 1991 . Hearing to be held at the Newbury Town Hall , 7 : 30p.m. , Thursday, December 20 , 1990 . The Board of Assessors addressed the Board and recommended a single rate of $8 . 72 for all classes of property. There was no opposition voiced. Mr. Lorenz Proli raised a question on assessments. He was asked to meet with the Assessors at the close of the meeting as this would have no bearing on the tax rate. A motion was passed to close the hearing and the matter taken under advisement. The hearing resumed and by a unanimous decision of the Board, all commercial , industrial , and residential Selectmen' s Meeting (Continued) December 20 , 1990 `1 l property will once again be taxed at a single rate. Selectman Adams moved that the hearing be closed. Selectman Tevald seconded this motion. The hearing was closed. The Assessors will forward the proposed rate and financial information to the Department of Revenue for approval . A request from the Ladies Auxiliary of Protection Fire Co. #2 to place a banner on the outback of the green advertising their New Year ' s Eve dance was unanimously approved. The following licenses were reviewed and approved: Installers - Rand Excavating, Manter Co. Inc. , John D. Hartnett & Sons Inc. , Francis J. Fournier, T. L. Norton Co. , Inc. , Spalding Construction Inc. , R.B. Strong Septic System Services, Keith P. Walton Co. , Stewart ' s Septic Service Inc. , Pearson Landscaping Inc. , Allen P. Rogers Used Car Dealers - Class II - Angie ' s Service Station, Fast Trailer & Container -Sales div...,A.E.L.. -.Corp. , -Special'`.Interest Autos of Newbury, Ted' s Service d/b/a Byfield Tire Co. Buy & Sell Gifts , Antiques & 2nd Hand Articles - Mary A. Webber d/b/a Webber Antiques, Martha Hopping d/b/a The Keeping Room, Norman Beckman d/b/a Norbeck Sterling, Angie Machiros d/b/a . A.G..J Woodcraft-ing- &-Woodworking Parking Lot - Michael P. Villane d/b/a Villane Parking Lot, Chandler Grinnell & Jack McKallagat d/b/a Blvd. Parking Lot Beauty Shop - Cheryl Mahoney d/b/a Cheryl ' s Island Clip, Helen Bulgaris d/b/a Longfellow Hill Beauty Salon Grooming Shop - Karen Candeas d/b/a Karen' s Dog Grooming of P. I. Bait, Tackle, Sporting Goods & Sunday Ice Cream - Kay Moulton d/b/a Surfland Bait & Tackle Shop Common Victualler, Milk, Sunday Ice Cream - Scott Dehetre d/b/a Buddy' s Restaurant Common Victualler, Sunday Ice Cream, Milk - Clifford Willey d/b/a Dick' s Variety Common Victualler, Parking Lot (U1-#25 ) , Sunday Ice Cream, Milk - Clifford Willey & Robert Ducott Jr. d/b/a Haven II The Board announced that Mr. Ron Pearson had offered to chip 'Christmas Trees ' free of charge, next to the landfill for all residents. of Newbury with a dump sticker on Saturday, December 29 and i Saturday, January 5th. The meeting adjourned at 8 : 15p.m. Respectfully submitted, Kathleen Sirois, Secretary