HomeMy Public PortalAboutSELECTMENS RECORDS 1991-1993 SELECTMEN' S MEETING
January 8 , 1991
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:
December 25 , 1990 W25 $287 , 383 . 37
P25 83 , 996 . 16
SW13 66 . 00
January 1 , 1991 W26 24 , 018 . 53
P26 16 , 356 . 41
By unanimous decision on this 8th day of January 1991 , a
proclamation was issued setting aside January 14 , 1991 in honor
and support of our men and women of the Armed Forces all over
the world and especially those serving Operation. Desert Shield
in Saudi Arabia.
The Board also approved a drive being planned by the
families of the men & women of Operation Desert Shield for the
collection of packages and letters . Details and dates will be
forthcoming.
The subject of M & M Rubbish Removal was brought to the
attention of the Board who stated there was no change in their
decision of November 13 , 1990 . Mr. Marrs must either establish
residency in Newbury to be eligible for a dump sticker or obtain
DPU rights , for his Mass registered trucks only to access our
landfill .
The McDonald Trucking issue was addressed once again. A
motion was made and seconded to forward the complaints to the
Building Department for research into previous agreements made
with the Town, neighbors , and McDonald Trucking and to report
these findings back to the Board.
The following license renewals were reviewed and approved:
Installers : Hazen Brown Construction Co. , CME Excavation,
Stuart Dalzell , David W. Foley, Harris Contracting,
W. Harrison & Son, Charles E. Killam.
Gloria Merola d/b/a Beachcomber - Common Victualler, Sunday Ice
Cream , Milk
SKK Inc. d/b/a Corner Cupboard - Milk
Eleanor J. Miller d/b/a JoEl ' s - Common Victualler, SU'hday -Ice
Cream, Milk
Roger Thurlow III d/b/a Island Cafe - Common Victualler, Gifts
Etc. , Sunday Ice Cream, Milk
Byfield Assoc, Inc. d/b/a Main Street Mini Mart - Common
Victualler, Sunday Ice Cream, Milk
SELECTMEN' S MEETING (cont 'd) January 8 , 1991
Tracy Apothecary Corp d/b/a Byfield Pharmacy - Sunday Ice Cream,
Gifts Etc.
Wilhemina V. Lunt d/b/a Gilded Horse - Gifts Etc.
Joyce Crfant d/b/a Art & Camera Custom Framing - Gifts Etc.
Gail R. Gandolfi d/b/a Flukes & Finds - Gifts Etc.
Fred Trezise & Robert Carleton d/b/a Bay Road Enterprises -
Common Victualler, Gifts Etc.
The Pearson family through the Board expressed their thanks
to the Town, Chief_ Merry and Police Department for their support
and assistance during their bereavement.
The Board will enter into an agreement with Key Personnel
to temporarily fill the bookkeeping position. Helen Pehrson of
Boxford will work with Accountant, Jim Giusti, until this
position can be permanently filled.
Selectman Adams expressed his concern for skaters on the
pond at the Green. He hoped extreme caution would be used
especially during times of temperature fluctuations .
The meeting was adjourned at 8 : 05p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
January 22 , 1991
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:
January 8 , 1991 W27 $ 48 , 306 . 05
P27 82 ,028 . 95
January 15 , 1991 W28 140 , 806 . 36
P28 18, 687 . 12
SW14 43 . 50
A one day license for the sale of alcoholic beverages
(Spec. Permit #43 ) .was approved for Fire Protection Co. #1
for their Annual Fireman ' s Ball to be held Saturday, March 9
at Governor Dummer Academy, with the stipulation that they
provide the Town Clerk with proof of insurance covering this
event. The license fee was waived.
Approval was given to Rowley C.C. , sponser of a lOK road
race which will involve two roads in Newbury, to be held Sunday,
March 3 , 1991 . Chief Merry stated he had no problem with
approving this race. Rowley C.C. and the Rowley Police Dept.
SELECTMEN'S MEETING (cont 'd) January 22 , 1991
will be asked to coordinate with Chief Merry' s department.
The following license renewals were reviewed and approved:
Installers : Abbott Construction, D & B Construction, Jerry
Leary, Hawk' s Construction Co.
Buy & Sell Gifts Etc. : Norma & Harold Reader d/b/a High Tail
Acres , Patsy Brown d/b/a F. Thurlow Brown Books.
Parking Lot: Virginia Moore d/b/a Park & Lock
Motor Vehicle Class II : Highline Auto Sales
Mobile Sunday Ice Cream: Robert Kimball d/b/a Mr. K' s was put
on hold by the Board pending receipt of a signed agreement of
regulations governing Hawkers and Peddlers from Mr. Kimball .
Landfill hours of operation were discussed. It was
unanimously decided that there be no change in these hours. They
will remain Monday, Wednesday, and Saturday 8a.m. to 4p.m. as
posted, closing promptly at 4p.m.
The Historical Commission requested use of the Upper
Green on Saturday, September 14 , 1991 from approximately 7a.m.
to 5p.m. Their request was unanimously approved.
The meeting adjourned at 8 : 30p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
February 12 , 1991
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:
January 22, 1991 W29 $137 ,464 . 10
P29 82 ,263 . 55
January 29 , 1991 W30 24 , 367 . 34
P30 17 ,466 . 70
February 5 , 1991 W31 49,824 . 41
P31 77 , 135 . 31
SW16 1 , 024 . 44
The Board requested that the pole hearing scheduled for
8p.m. be moved to 8 : 30p.m. to allow time to hear the residents
of Parker River Drive. No objections were voiced and it was
so moved.
Chairman Machiros addressed the residents of Parker River
Drive and stated the Board would hear their complaints in an
orderly fashion, allowing time for both sides to be heard. In
SELECTMEN'S MEETING (cont 'd) February 12 , 1991
attendence from the area were M/M Richard Bolton, M/M William
Lepito, M/M John Barry, M/M Walter Keenan, M/M Robert Foster,
Mr. Harold St. Clair and Mr. Richard Tanzella.
Mr. St. Clair was asked if he received and accepted Chief
Merry' s report of an earlier complaint of January 14th. Mr.
St. Clair stated he did receive this report and was satisfied
as long as Mr. Foster did not operate his truck on the road.
An incident reported on January 12 , involving Mrs . Bolton
and Mr. St. Clair' s son was also addressed to the Chief . Chief
Merry stated, "based on the report of the alleged incident of
the 12th of January and after thorough investigation and meetings
with both parties , he concluded this incident warranted no
filing of criminal charges . "
Mrs . Bolton, as spokesperson for several of the residents,
asked the Board to address the letters which had been sent to them.
She stated they were asking for use of their street without
harrassment and obstructions to the right of way. The letters
cited possible safety problems with the road and cul de sac
being used as a playground for skateboarding and basketball .
Mr. St. Clair when questioned on the skateboard ramps and basketball
net admitted that this equipment was installed on Town property.
Mrs. Bolton complained that Mr. St. Clair regularly parks
his truck so as to block access to their mailbox. Mr. St. Clair
admitted this, but stated he wanted the mailbox moved as it is
close to his property line and is an eyesore. Selectman Tevald
asked whose property the mailbox was on. It is on the Bolton' s
property answered Mr. St. Clair. Selectman Tevald replied, "if
it is admittedly on their property there is no reason the mailbox
should be moved" .
Mrs .. Barry gave an account of a past incident involving
the St. Clair ' s dog. Animal Control Officer, Dick Cunningham,
reported that he was aware of this incident as it was reported
to him by Chief Merry who was called to investigate. Mr.
Cunningham further stated on the day of the meeting (Feb. 12 )
he had observed Mrs. Barry and a friend and their children
walking around the neighborhood. Upon reaching the cul de sac
the St. Clair puppy came off the porch and ran around playfully
dwith the children. He observed no problems and everyone seemed
happy. The dog retreated to the porch as the group left the
area.
After many such accusations and rebuttals, the Board
determined that while they. could not solve the personal disputes,
they would address the safety of the street and the Town ' s
liability. The residents were asked if they felt they had
SELECTMEN' S MEETING (cont'd) February 12 , 1991
received proper response from the Town Departments. All
agreed they had. The Board unanimously decided to implement
the following:
1 . The basketball net and skateboard ramps must be
removed from Town property immediately.
2 . One way signs to be replaced on the cul de sac, right
of way to be determined by the Board of Assessors .
3 . No Parking anytime on cul de sac. These signs to be
placed at the discretion of Chief Merry.
4 . If deemed necessary by the Chief, No Parking on one
side only signs may also be posted and enforced on Parker
River Drive.
.Chairman Machiros thanked the residents for coming. While
the personal disagreements could not be quickly solved, he
hoped all involved would try to work things out for the good
of the neighborhood.
At 8 : 30p.m. a Public Hearing was held on the petition of
Mass . Electric and New England Telephone & Telegraph Company,
plan #634 , dated December 7 , 1990 , to locate a new pole #10/12
on High Road adjacent to property owned by Dominick Albergo of
309 High Road. No opposition was voiced. The hearing was
closed and the matter taken under advisement. The hearing
resumed and Selectman Adams made a motion that permission be
granted to locate pole #10/12 on High Road as proposed.
Selectman Tevald seconded the motion and the petition was
unanimously approved.
Deborah Knight requested a license to operate a "dog
grooming business" , Deb' s Place, at 8 Bittersweet Lane.
Questions were raised on water and septic provisions . The
license was granted with the stipulation that this situation
be closely monitored.
A one day license (Special Permit #44 ) for the sale of
alcoholic beverages for Ould Newbury Golf Club on Wednesday,
February 20 , 1991 was unanimously approved.
The following license renewals were reviewed and approved:
Installer: Stephen Murphy d/b/a Up-Country Landscaping
Gifts etc. : K. Fieldman/L. Larsen/L. Michelsen d/b/a Christmas
Crafts
Common Victualler/Milk/Parking Lot/Sunday Ice Cream & Soft Drink:
James T. Morris d/b/a The Plum Inc.
Parking Lot/Popcorn Machine: Lawrence & Geraldine Dorr d/b/a
Wheelhouse Parking.
The Board expressed their endorsement and offered their
full co-operation to a support drive for families of the Military
serving in the Gulf which is being sponsered by Plum Island
SELECTMEN'S MEETING (cont 'd) February 12 , 1991
Taxpayer ' s Association. A two day drive will be held Saturday,
February 24 and Sunday, February 25 from 10a.m. to 6p.m. at
P.I.T.A. Hall on Plum Island.
On the recommendation of Mr. James Giusti, subject to the
budget and final approvals , Mrs. Helen Pehrson of Boxford
has been selected to fill the bookkeeping position.
Meeting was adjourned at 9 : 30p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
February 26, 1991
The Selectmen' s Meeting was held at 7 : 30 p.m. Chairman
Machiros opened the meeting. Selectmen Joseph S. Tevald and
Alan I . Adams were present.
The following warrants were signed by the Selectmen:
February 12 , 1991 W32 $115, 380 .27
P32 20,430 . 70
SW17 1 ,000 .00
February 19 , 1991 W33 133 ,804 . 16
P33 76 , 179 . 43
Chairman Machiros expressed sincere appreciation of our
Armed Forces in the Persian Gulf wishing then a safe and
speedy return. All present were asked to stand for a moment
of silence for the young men and women who have been lost
in this conflict.
Mr, ' Donald Knight was granted a request for a new "home
occupation" license, New England Lobster Pools at 14 Old
Rowley Road. This license would permit Mr. Knight to. buy,
sell , repair and build lobster holding systems. The Board
asked if he was aware of the rules governing a home occupation.
He stated he was and would abide by them.
Mr. Edward Armstrong was present to request approval of .
the licenses necessary to open a new convenience store,
Chukkers Family Variety at 100 Newburyport Turnpike. These
Licenses include Common Victualler,. Milk, Sunday Ice Cream &
Soft Drinks, and Buy & Sell Gifts etc. As this is a permitted
use for this property, the Board approved the licenses .
Amelda Dobson and six youngsters from Project Hope, an
alcohol and drug awareness program for young people, requested
SELECTMEN' S MEETING (Cont 'd) February 26, 1991
use of PITA Hall for an Anniversary Dance, tenative.ly
scheduled for March 1st. Dustin Harris, spokesmanfor the group,
presented the Board with leters of approval from the Plum
Island Taxpayers Association and from parents who would be
chaperones. Chief Merry commended the group for their work
and supported their request. The Board also offered their
support and praised these young adults for their involvement
in Project Hope. Their request was unanimously approved.
Bruce Irving, Chairman of the Finance Committee, was
asked for a report on the budget. He stated his committee
had been working dilligently for the past several months
and saw a year of austerity ahead. They would be recommending
100% level funding of all budgets across the board and they
would firmly oppose the certification of the March ' free cash ' .
Mr. Irving requested approval from the Board to institute a
system of one on one meetings with department heads, closely
abiding by the Open Meeting Laws. Selectman Adams moved that
this system be approved and Selectman Tevald seconded the
motion. the Board also supported the recommendation of 100%
level funding.
A request was granted for the National Mutiple Sclerosis
Society to use the Upper Green as a checkpoint on Sunddy,
June 23 , 1991 , from approximately lla.m. to 3p.m. for their
Great Mass Getaway Bike Tour.
A memorial fund for M. Louise Ziehler will be established
at the request of her family. This fund to be used for
plantings on the Greens in her honor and memory.
Harbormaster, Donald Rowell , submitted the name of
Andrew Avelis Sr. for consideration as Deputy Harbormaster
and Special Police for surrounding Shores and Waterways .
The Board approved this appointment. Chief Merry was asked to
issue a directive to the Harbormasters and all Special Police
Officers appointed for Newbury Waterways and adjacent areas .
This directive, General order 01-91 , reads as follows :
Whenever your duties cause contact either directly or indirectly
with the general public regarding criminal enforcement
adtivities, you are required to obtain assistance from the
Newbury Police Department, preferrably an on duty uniformed
officer. In an area away from where a cruiser could reach
you, assistance, guidance, and direction would be made via
radio to the station or cruiser.
A purchase option was received from the law offices of
Connolly & Connolly, Newburyport, regarding the sale of a
property located at 65 Orchard St. , Byfield. The Board
agreed to release- this option upon receipt of a copy of the
SELECTMEN' S MEETING (Cont 'd) February 26 , 1991
Purchase & Sale Agreement or verification of same from the
Attorneys .
Animal Control Officer, Dick Cunningham, raised the subject
of the rabies clinic. Due to Dr. Lyons illness and retirement
it will become necessary to obtain the services of a new vet
if a clinic is to be held. Mr. Cunningham suggested Regina
Downey, D.V.M. of Salisbury. The Board placed Mr. Cunningham
in charge of speaking to Dr. Downey on this matter and
obtaining a schedule of her charges for this service.
The Board approved the continued monitoring of the Parker
River and the surrounding estuaries with aerial mapping
performed by Flight Survey and Mapping Corp. of Newbury
working closely with the Fish Commission regarding Pollution
problems of the clam flats.
The .Board agreed to sponser an article, if deemed necessary,
to insure the installation of siren poles as an early warning
system and the subsequent easements and conveyance of land
as needed.
the meeting adjourned at 8 : 30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
March 12, 1991
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:
February 26, 1991 W34 $33,094. 95
P34 21 ,853 . 26
March 5 , 1991 W35 39 ,439 . 74
P35 77 ,254 . 57
At 7 : 45p.m. a Public Hearing was held on the petition of
Mass Electric, plan #635 dated February 11 , 1991 , to locate
seven ( 7 ) poles along Boston Rd. , adjacent to property owned by
the Town of Newbury, richard Capolupo, and Eleanor Woodman at
the location of the Town Landfill . The Board asked if this
plan included a lighted pole at the entrance to the Town
Landfill . Mr. Moyniham of Mass Electric stated it did. NO
opposition was voiced. The hearing was closed and the matter
taken under advisement. The hearing resumed and Selectman Adams
made a motion that permission be granted to locate the poles
SELECTMEN'S MEETING (Cont 'd) March 12, 1991
as. proposed Selectman Tevald seconded the motion.
Regulations for the Clam Industry and Taking of Seaworms
for the period of April 91-92 were reviewed. Selectman Tevald
moved that these regulations be accepted as presented. The
motion was seconded by Chairman Machiros. Selectman Adams
abstained from voting.
the possible postponement of the Annual Town Meeting was
addressed. Elections will be held as scheduled on Saturday,
April 20th. Selectman Adams moved that the Town Meeting be
postponed to a date to be determined before July 1 , 1991 . This
motion was seconded by Selectman Tevald.
The mock town meeting was discussed. Not wishing to break
with tradition, the Board expressed hopes that the mock town
meeting could still be held in some form. Dick Cunningham
agreed to speak to the Grange at their next meeting to see
what if anything could be done and report back to the Board.
Two one day permits #45 & #46 were approved for Fire
Protection Co. #2 for the sale of alcoholic beverages . One
for a private wedding on Saturday, March 16 , 1991 from 1-7p.m.
and the other for a dance on Saturday, March 23 , 1991 from 7p.m.
to la.m. The fee was waived.
The following license renewals were approved:
Installer - James C. Charles Contracting Inc.
Gifts etc. - Susan Jaworski Stranc d/b/a Apple Cider Press & Prints .
A request from Nancy Burke of Larkin Road for use of the
Byfield Town Hall for the Cub Scouts Pinewood Derby on Friday,
March 22 from 6-9p.m. was granted.
The meeting was adjourned at 8 : 30p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
March 26 , 1991
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:
March 12 , 1991 W36 $61 , 191 . 63
PW36 18 ,904 . 87
SW18 144. 45
SELECTMEN'S MEETING (Cont 'd) March 26, 1991
March 19 , 1991 W37 $54 , 857 . 55
PW37 78,605 . 63
SW19 82 . 95
The Board announced the resumption of Newburyport Water
Works project on High Road. Laying of pipes will commence
Wednesday, March 27th. A notice of options and fees has been
sent to all residents affected by this project.
The Wildlife Visitors Center request to tie into the Town
water lines was addressed. The Board stated their poistion has
not changed - tie in can only -occur if the system is looped.
The Refuge closing was discussed. While Mr. Filio ' s position
is understood the Board hopes that some compromise can be reached.
The Town would like to work in harmony with the Federal Wildlife
Commission and does not want to interfere. However, the closing
will have an adverse effect on the Town at a time of budgetary
restraints and will greatly tax our Police and Highway Departments .
Selectman Adams moved that the Board with the support of the Citizens
of Newbury address the matter to our State Representatives and
Senators to see if the issue of the closing can be resolved.
Selectman Tevald seconded the motion. In the interim Attorney
Lagoulis will be asked for an opion regarding rights to the
water and the mean and low water mark.
At 8 : 00 p.m. a dog hearing was held. Complaintant Richard
Bolton of 19 Parker River Drive and dog owner Harold St. Clair of
17 Parker River Drive were weorn to tell the truth by the Town
Clerk. The statement of complaint was read by Chairman Machiros
and both parties acknowledged their understanding. Mr. Bolton
stated he and Mrs . Bolton were asking only for an honest effort
on the part of Mr. St. Clair to keep his dog off their property
and out of their garden.. Mr. St. Clair stated that he does try
to keep the dog on his property but does not keep him tied at
all times and he does get away. He also stated that the Boltons
sometimes tease the dog by throwing objects at him and Mr. Bolton
had threatened the dog with a belly full of anti freeze. Mr.
Bolton admitted he had made this statement ina fit of anger.
Animal Control Officer, Dick Cunningham was asked for an opinion
on this situation. Mr. Cunningham stated he has been on Parker
River Dirve almost every day since this dog was obtained in
January 91 . He knows the neighborhood and the dog. While the
St. Clair dog is still an over exuberant puppy his manners seem
to be improving. Mr. Cunningham recommended that no action or
legal order be instituted at this time. Mr. St. Clair should be
allowed to continue working with the dog to train him and, within
reason, keep him as near home as possible. He also hoped others
would not be encouraged to aggravate the puppy. A motion was made
to close the hearing and take the matter under advisement. The
SELECTMEN' S MEETING (Cont 'd) March 26 , 1991
hearing resumed and the Board agreed to take Mr. Cunningham' s
recommendations stating they hoped Mr. St. Clair would make a
"concerned effort" to keep the dog on his own property and
advising him that the situation would be closely monitored. Both
parties seemed to be in agreement with this decision.
A request was approved for use of the Upper Green by Newbury/
Rowley Lions Club for a crafts fair and flea market to be held
Saturday, October 5th, raindate Saturday, October 12th.
A request was approved for use of the Lower Green for
soccer team practice for Triton girls under 10 . Request made by
Paul Beech of 27 Old Rowley Road. Approval was given for
practices only (no games ) to be held on the Newman Road side of
the Green on the following dates :
Saturday, March 30 9-10a.m.
Wednesday, April 3 , 10 , 17, 24 ,
May 1 , 8 , 15 , 22 , 29
and June 5th from 5-6p.m.
A rabies clinic will be held by Dr. Regina Downey of the
Coastal Animal Clinin of Salisbury on Wednesday, March 27th
from 4-6p.m. at the Town Hall parking lot. Cost will be $5 . 00
per animal . Licenses will also be available at the clinic.
A request for use of the Upper Green softball field by
the employees of Anna Jacques Hospital was put on hold pending
the receipt of additional information.
Mock Town Meeting will be held at the Byfield Town Hall on
Thursday, April llth at 7 : 30p.m. Announcements have been
posted and all are invited to attend.
The meeting adjourned at 8 : OOp.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
April 9 , 1991
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:
March 26 , 1991 W38 $124 ,788 . 52
PW38 19 , 249 . 45
SELECTMEN"S MEETING (Cont 'd) April 9 , 1991
April 2 , 1991 W39 $19 , 338 . 95
PW39 79 , 409 . 00
SW20 909 .05
Chairman Machiros reported on his meeting with Congressman
Mavroules and the Wildlife Commission. He stated he was
cautiously otpimistic that a compromise could be reached. A
second meeting will be held on Thursday, April 11 , and he is
hoping for good news for the Town.
A dog compalint was received from Linda M. Keenan of 7 Parker
River Drive against a dog owned by Harold St. Clair of 17 Parker
River Drive. A hearing was set for April 23rd on or about 8p.m.
In the interim Animal Control Officer, Dick Cunningham, was
asked to speak with Mr. St. Clair and request he voluntarily
restrai)J his dog until the hearing is held to preclude the
possibility of another incident.
A request was received from Superintendent of Schools, Gerald
Kohn to place an override question on the ballot for the FY92
Elementary School Budget in the amount of $387 , 470 . and for Triton
$209 ,705 . The Board agreed unanimously they would accept this
request for an override one time only.
The Board and Chief Merry discussed Patrol Car 22 which is
currently out of service due to transmission failure. With over
105 , 000 miles car 22 now needs a transmission for the second time
as well as brakes and other smaller repairs . History of past
cruisers prove that after 100,000 miles maintenance and repairs
double and sometimes triple in cost to maintain a road safe
vehicle. These costs far exceed the worth of the vehicle. On
the recommendation of the Finance Committee Chief Merry was asked
to investigate the purchase of a new 91 Ford Cruiser and explore
all avenues for the best trade-in price possible for Car 22 .
The resignation of Clifford Bonney from the Board. of the
Historical Commission was accepted by the Selectmen with deep
regret.
On the recommendation of Mary Barton, Chairperson of the
Historical Commission, Mr. Robert Chick of Newman Road was
appointed to fill this vacancy.
The Board approved a request from Chief Merry to reappoint
John Lilly III and Jay Routhier as Reserve Officers through
June 1991 .
A request was approved for use of the Upper Green by the
Newbury Clammers for, games on Tuesday and Thursday evenings from
now through the Fall of 91 .
SELECTMEN' S MEETING (Cont'd) April 9 , 1991
A request was approved for use of the softball field on the
Upper Green by Jason Jennings of 180 Hay St. on Saturday, April 13 ,
from 1-4p.m. Mr. Jennings will be accountable for policing
the Green.
A request was tenatively approved for use of the Softball
field on the Upper Green for six consequtive Monday evenings
starting June 17th by the empolyees of Anna Jaques Hospital .
A list of players from the Town of Newbury must first be submitted.
A DIRECTIVEfrom the Board of Selectmen was issued banning
golf on the Greens . This directive was. issued to prevent injury
to the public and surrounding properties and to protect the Town' s
liability.
Mr. Larry Behrmann of U.S. Health Care was recognized by the
Board. He presented a short proposal of his company' s HMO
Insurance Plan for consideration as an option to the Town ' s Health
Care Program.
The .meeting adjourned at 8 : 30p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
April 23 , 1991
At 7 : 30p.m. a ceremony was held to honor our Town' s
participants in Operation Desert Storm. Officers Lilly and
Clifford of the Newbury Police Department stood as color guard.
Honorees in attendence were Peter Seeley and Russell Peirce III .
Represented by family and friends were Peter Mansur, Dana
Robertson, Robert Serino and Kevin Tarrant.
Chairman Machiros, welcomed everyone and expressed how
honored he personally felt to see such a large turnout on this
special occasion.
Official citations from the Mass . State Senate signed by
Senator Buell , Commendations from the Mass. House of Representatives
signed by Representative Palumbo, and Newbury Flags (the Town' s
highest honor) were presented to Peter Seeley and Rusty Peirce.
Mrs . Mansur accepted for her son, Peter; Dean Robertson accepted
for his brother, Dana; Mrs . Serino accepted for her son, Robert;
and Mrs . Tarrant accepted for her son, Kevin.
Chairman Machiros noted how proud the parents must be and
how pleased we all are the the conflict if ending. He thanked
SELECTMEN' S MEETING (Cont 'd) April 23 , 1991
everyone for coming and wished all the very best of luck.
At 8 : OOp.m. Chairman Machiros opened the Selectmen' s
Meeting. Selectmen Joseph S. Tevald and Alan I. Adams were
present.
The following warrants were signed by the Selectmen:
April 9 , 1991 W40 $178 , 630 . 89
PW40 16 , 392 . 30
SW21 916 . 87
April 16 W41 33 , 074 . 00
PW41 78 , 212 . 54
Selectman Adams was .congratulated on his . re-election.
Selectman Tevald made a motion to nominate Angie Machiros to
continue serving as Chairman of the Board of Selectmen. The
motion was seconded by Selectman Adams who then moved to nominate
Joseph S. Tevald as Clerk of the Board. This motion was
seconded by Selectman Machiros .
At 8 : 15p.m. a dog hearing was held. The complaint was
brought by Linda Keenan of 7 Parker River Drive against a dog
owned by Harold St. Clair of 17 Parker River Drive. All
present who wished to testify were sworn in by the Town Clerk.
The statement of complaint was read by Chairman Machiros and
acknowledged by the parties involved. Linda Keena spoke of
her complaint of April 2nd in which Mr. St. Clair ' s dog
reportedly grabbed the sleeve of her son ' s jacket. She
reported the incident to the police who radioed the Animal
Control Officer and they responded immediately Dick
Cunningham responded within a half hour and after an investigation
reported the incident to Mr. St. Clair. Selectman Machiros
asked if Mr. St. Clair was made aware of the incident by anyone
other than the ACO. Mrs. Keenan said 'no' . She passed St. ..
Clair as he was coming from the gully but did not say anything
to him. There were no other witnesses to this incident. Carol
Foster, Mrs. Barry, Mr. Holden and Mr. Keenan all reported
similar incidents of the dog barking, jumping, tresspassing
on their property and scaring the children. They thought the
dog to be excitable and untrained and asked that he be restrained
before a serious problem occurs. Mr. Keenan spoke of a 2nd
incident with his dog and St. Clair ' s dog which occurred on
April 12th on or near his front yard. Mr. St. Clair was
present and did not call his dog when asked. Mr.St. Clair
claimed the dogs were just playing and they were on town property.
The Keenan dog is a trained police dog and Mr. Keenan was
concerned that there might be a problem if his dog thought
there was any threat to any of his family by the other dog.
Mr. Keenan reported the incident but claims there was no
response. This incident occurred after the St. Clair dog had
been placed on voluntary restraint at the meeting of April llth.
SELECTMEN' S MEETING (Cont'd) April 23 , 1991
Selectman Machiros commented that Mr. St. Clair should have
been more concerned and had better control of his dog. '.Dick
Cunningham said he had received the complaint but is hesitant
to visit certain homes without a witness. It is ofter a case
of one neighbor against another and he feels he is often the
one on trial not the dog. These are the same neighbors who
tried to promote an incident with the dog in the presence of
an undercover policewoman and he feels there is a much bigger
problem there than just a dog complaint. Selectman Tevald
interrupted and said over the course of this hearing we seem
to be losing sight of the total picture.
1 . Actions of the dog are the responsibility of the
owner.
2 . When a dog is voluntarily restrained we pre-suppose
the owner has complete control over the dog.
3 . Where a dog misbehaves is no excuse. We cannot
allow dogs to harrass people.
4 . Playing and whether or not the dog might bite if
provoked is just an interpretation. We cannot
afford to take a wait and see attitude.
Dick Cunningham was asked for a recommendation. He stated
his opinion of the dog had not changed since the last hearing.
He had no recommendation and would leave that decision up to
the Board of Selectmen. Selectmen Adams asked Dick when the
dog could be expected to grow out of the excitable, untrained
puppy stage. Dick responded "usually at about one year. "
Selectman Adams asked Mr. St. Clair if he would be willing to
restrain his dog until he has grown up and is better behaved.
Mr. St. Clair agreed he would. Selectman Adams moved that the
hearing be closed and the matter be taken under advisement.
The hearing resumed. Selectman Adams said he felt this was a
no win situation. Control of the dog is the only issue and the
dog cannot be allowed to harrass the neighborhood. By unanimous
decision the dog was ordered to be kept under full restraint
for a period of six months subject to review by the ACO and the
Board of Selectmen. Mr. St. Clair was advised that he had 10
days to appeal this decision to the District Court.
Chairman Machiros reported on his initial meeting with
the Wildlife Commission, Shirley Magnanti of the Newburyport
Chamber of Commerce and Mayor Matthews at his office. A
suggestion by Mr. Filio of the Wildlife Commission that people
be bussed in to Plum Island and allowed to walk across the
refuge parking lot to out Town beaches was rejected by Mr.
Machiros and the Board of Selectmen unanimously approved
this decision. Chairman Machiros siad he was still hoping a
compromise could be reached. It is Town Counsels opinion that
we have a right to the water and they feel we could win this case
but there is no money available for this course of action.
Other legal avenues are being investigated at this time.
SELECTMEN' S MEETING (Cont'd) April 23 , 1991
The subject of the lower parking lot on Plum Island was
discussed. Chairman Machiros said the Town tried unsuccessfully
last year to open the lot but lacked a management person. He
suggested contacting Mrs. Seeley to see if she would be
interested in managing this lot. Parking would be free to
townspeople but there would be a charge to outsiders .
Town Meeting was scheduled for Tuesday, May 28th and the
override election for June 1st.
A one day special permit #47 for the sale of alcoholic
beverages by Culd Newbury Golf Club on Friday, April 26 , 1991
was approved.
A one day special permit #48 for the sale ofalcoholic
beverages by Quld Newbury Golf Club on Saturday, May 4 , 1991
was approved.
License revewals were reviewed and approved for Richard
Joy d/b/a Joy Sales in Barn and Richard Joy d/b/a Joy Sales .
A request from the Essex County Gas Co. to open and
excavate 22 Hay St, for the purpose of installing a new gas
service from street to house, a distance of approximately 50 '
was approved.
A request from Joan McPhee, 20 S. Pond St. on behalf of
the People ' s United Methodist Church for use of the Upper
Green on July 6th (raindate July 13th) for their Annual Flea
Market and use of the electrical outlet was granted.
A request from Alexander White on behalf of Governor
Dummer Academy for use of the Plum Island Town Beach on
Thursday, May 2nd (raindate May 16th) was granted.
The meeting adjourned at 10 : 35p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SPECIAL SELECTMEN' S MEETING
April 29, 1991
Chairman Machiros opened the meeting at 7 : 30p.m.
Selectmen Joseph S. Tevald and Alan I . Adams were present.
Also present were Police Chief , Roger Merry, and the Board of
Fire Engineers .
Chairman Machiros asked the Chief for his report on the
proposed 911 system. Chief Merry stated he was in favor of the
enhanced 911 system. It would provide automatic identification
SPECIAL SELECTMEN' S MEETING (Cont 'd) April 29 , 1991
of the location and telephone number of calls made to the
station. He felt it would eliminate prank calls and help with
people who are unable to speak into the phone because of an
Semergency and youngsters who might not know the address or
number and aid in getting help to a home as quickly as possible.
By state law towns are required to vote to accept or not this
enhanced 911 system before December 11 , 1991 . this would have
to be done at a special town meeting before this date. If
accepted by the Town prior to this date the initial equipment
and expense of installation will be paid for by the Telephone
Co. This is a noe time opportunity only.
Many questions were raised by Vern Noyes (Protection Fire
Co. #2 ) and Billy Pearson (Protection Fire Co. W . Vern
asked who would bear the cost of maintaining the system after
the initial installation and who is liable if no one responds
to a call due to an unlisted number or changes in numbers . He
questioned also what special training would be needed on
the equipment and would the persons involved in manning this
system need to be first responders of EMT' s . Protection Fire
Co. #2 is in favor of having this enhanced system but does need
answers to these matters.
Billy Pearson stated Byfield Protection Co #1 is not in
favor of the 911 system. Their current system works very
efficiently and with 911 they would have to depend on a call
being relayed to them. In the past this did not work at all .
He also felt Byfield would definitely need more manpower if
this system is implemented.
Angie commented that this will have to go to a Town
Meeting to be voted on. Answers to all these questions will be
needed before it can be presented properly to the people.
Joe Tevald expressed the possibility of keeping the two
systems . Byfield could keep their emergency number. However,
he felt due to TV hype, 911 is viewed as an 'electronic god
type system' and most people in an emergency situation will
use 911 if it is available to them. He stated he understood
Byfield' s dilemma but if the enhanced 911 system is presented
to the people at no cost to them, they will surely vote to
accept it.
Chief Merry said he will be attending a meeting on the 6th
of May at Salem State College and there is another meeting
scheduled on the 14th. Any of the members of the Boards would
be welcome to attend either of these meetings . He said he
would try to get answers to all the questions at the meeting
of the 6th.
SPECIAL SELECTMEN' S MEETING (Cont 'd) April 29 , 1991
Chairman Machiros suggested that as they have until
December to make a decision we should get all the information
we can. In the meantime Chief Merry and the Board of Fire
Engineers should get together and study all the options
available to them.
Selectman Adams moved that the Board take the matter
under advisement and defer any action until such time as there
is more information available on the enhanced 911 system. He
also moved that the Board of Fire Engineers work with Chief
Merry and report back to the Selectmen with a recommendation.
These motions were seconded by Selectman Tevald.
Special permit #49 for the sale of alcoholic beverages
was approved for Protection Fire Co. #2 for Saturday, May 4 , 1991
from 6p.m. to 12 : 30a.m. The fee was waived.
A request from Lois Anderson ( 31 Riverview Dr. ) for use
of the Upper Green softball field by Anna Jaques Hospital
(nurses against physicians for Nurses Activity Week) on
Wednesday, May 8th at 4 : 30p.m. was approved.
The meeting was adjourned at 8 : 30p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
May 14 , 1991
Chairman Machiros opened the meeting at 7 : 45 p.m.
Selectmen Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
April 23 , 1991 W42 $159 , 594 . 04
PW42 20 , 421 . 21
April 30 , 1991 W43 49 , 354 . 06
PW43 79 , 449 . 22
SW22 500 . 00
May 7 , 1991 W44 89 , 068 . 23
PW44 19 , 303 . 56
SW23 24 . 04
Mickey Villaine of Annapolis Way asked to address the
Board on a complaint he had received from neighbor, Paul
Daubitz , concerning personal parking next to his house. He
aasked the Board for their interpretation of the law. The
Board stated there is no law to prevent Mr. Villaine from
parking a few cars belonging to family or friends visiting
SELECTMEN' S MEETING (cont 'd) May 14 , 1991
him next to his house providing he does not charge a fee
and no cars are exited on Annapolis Way. Mr. Villaine also
questioned the license issued for his parking lot which
specifies only one lot, although technically there are two
contiguous lots involved. He cited the lots of Dorr, Phillips,
and 183 Northern Blvd. as having licenses issued to include
more than one lot. The Board advised Mr. Villaine that the
onus was on him to see Charlie Powers for clarification of the
technical points and get a correct interpretation of the lots .
The stipulation "no entrance or exit on Annapolis Way" must
remain.
Byrl Leonard of 3 Southern Blvd. addressed the Board with
a complaint about illegal building at 6 Southern Blvd. He
claimed to have sent a letter to Mr. Powers about this situation
and had no response. Charlie stated he had received a letter
from Mr. Leonard but a reply was not requested. He also stated
this is the 5th or 6th time Mr. Leonard has brought this matter
before the Board. There is a set time period for response
between complaints and a two year period before an official
complaint can again be reviewed. Mr. Powers said he was willing
to request again that the property be brought into compliance.
The only other avenue left is legal recourse and he did not
believe it was warranted at this time. Chairman Machiros
asked if the Board was comfortable with the action taken to
this point. They agreed they were and felt no legal action
was necessary at this time. They hoped the problem could be
worked out between the parties involved.
The Salvation Army, due a financial crisis , have proposed
putting their Christmas pots out early this year. The Board
offered use of an area along the Green as a collection point.
The Board suggested that the High Road side of the middle of the
pond rather than an intersection might be the best location from
a safety point. Chief Merry would be asked for a determination.
The Board officially endorsed the Salvation Army' s fund raising
efforts stating they were behind the organization 1000 .
Acceptance of the Mount Vernon Associates Health Plan for
Town employees was announced. Two enrollment and informational
meetings were set up for Monday the 20th of May and Tuesday
the 21st.
The following licenses were reviewed and renewed:
Installer - P. A. Wilkinson
Used Car Dealer Class II - Stephen J. Bandoian
Parking Lot - Charlotte M. Collins d/b/a Collins Parking Lot
Buy & Sell Gifts etc. - Carolyn thurlow and Janet Dillon d/b/a
The Treasure Chest
Buy & Sell Gifts etc. & Christian Bookstore - Carolyn & Louise
Thurlow d/b/a The Stable
SELECTMEN' S MEETING (cont'd) May 14 , 1991
A one day special permit #50 for the sale of alcoholic
beverages for Ould Newbury Golf Club on Friday, May 17 , 1991
was approved.
A one day special permit #51 for the sale of alcoholic
beverages for Ould Newbury Golf Club on Wednesday, May 29 , 1991
was approved.
On a recommendation from Mary Barton of the Historical
Commission, Marion Brown was appointed to replace Cecile
Pimental who recently resigned from this position on the Board
of the Historic Commission.
A request from the Beachcomber Restaurant for use of the
Upper Green softball field on Wednesday evening s and Saturday
mornings thru the summer and Monday evenings until June 17th
was granted.
A request for use of the Lower Green on Saturday, June lst
for the Summer Tour and Sale by Homespun Treasures was granted
with the stipulation that no cars be driven or parked on the
Green. Net proceeds of the sale are for the benefit of the
Women' s Crisis Center of Newburyport.
A request was approved for use of the Upper Green for a
. cookout and games on Sunday, June 2nd by the First Parish
Church Sunday School .
A request from Tom Andrews for the Byfield Baseball program
for use of the Upper Green on Friday evenings from 5-8p.m.
and Saturday evenings 4-7 : 30p.m. except for July 6th and
Sept. 14th was granted. Mr. Andrews also asked the Board
for a letter stating Pearson Field is reserved for this program
on Sunday afternoons and evenings for practice and make-up games.
A letter was issued and Chief Merry said he would intervene if
any problems arise.
Upon Chief Merry' s recommendation the following persons
were appointed as full time lifeguards for the 91 season:
Dana Atherton, Peter Hursty, Jodi Murphy, Rocco Nastasia,
James ,O'Hara, Jason Ryder, Kimberly Magner, Liana Magner,
Patrick Sessions, Shane Smith and Stephen Spanger.
Chief Merry was asked for a report on his meeting of the
6th concerning the 911 emergency system. Chief Merry stated
he had answers to many of the questions raised by the Board
of Fire Engineers at the April 29th meeting. He will plan
another meeting with the Board of Fire Engineers and possibly
a representative from the Telephone Co. to iron out any
remaining questions or problems . It was recommended at the
SELECTMEN'S MEETING (cont 'd) May 14, 1991
meeting that the Towns maintain their current emergency
numbers ( forever if necessary) along with 911 . the Selectmen
noting that there is still time to work out these matters before
a vote from the Town is necessary, asked the Chief to return a
recommendation to the Board as soon all questions and problems
are settled between his department and the Board of Fire
Engineers .
The meeting adjourned at 9 : 20p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
June 10 , 1991
Chairman Machiros opened the meeting at 7 : 30p.m.
Selectmen Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
May 14 , 1991 W45 $ 30, 542 . 31
PW45 81 ,200 . 85
May 21 , 1991 W46 14 , 043 . 57
PW46 19 , 954 . 14
SW24 2 , 950 . 00
May 28 , 1991 W47 28 , 692 . 90
PW47 90 , 139 . 62
June 4 , 1991 W48 151 ,045 . 50
PW48 24 ,659 . 28
SW25 96 . 25
Bob Branconnier and Gerald Mailly requested a renewal of
their temporary auctioneers license for sales to be held at 86
Newburyport Turnpike. Mr. Branconnier explained that they deal
only in bank repossessions, do not advertise and the buyers are
mostly dealers . The first auction held seemed to run very
smoothly. The Board agreed to grant a second temporary license
only. The auctions will be monitored for a period of 30 days
and reviewed at that time.
With the support of the Town Clerk and the Landfill
Superintendent, a commercial haulers fee was established.
Packers will be charged $500 per year and Commercial Haulers
will be charged $250 per year effective immediately.
An installer ' s permit for Stephen Nichols to install his
own septic system on Lot 24 Scotland Heights was put on hold
until such time as Charlie Powers inspects and approves a
drainage pipe on this property.
SELECTMEN'S MEETING (cont 'd) June 10 , 1991
Request for use of Town Hall on Monday, June 24th for a
meeting of the Bay Circuit Trail Committee was approved
providing a representative from one of our Town Committees
is in attendance and will be responsible for securing the
building.
One day special permit # 54 & #55 for the sale of
alcoholic beverages by Ould Newbury Golf Club were approved for
Friday, June 14 and Saturday, June 22 .
One day special permit #56 for the sale of alcoholic
beverages by Governor Dummer was approved for Saturday, June 15 .
A letter from Mass Electric was read proposing the change
of street lights from Mercury Vapor to Sodium Vapor lamps. The
only charge to the Town being Police protection for the line
crews . The Board agreed that the savings to the Town would be
substantial and would justify the change. The contract will
be reviewed again before signing. October 1st is the deadline
for acceptance of this agreement.
Harry O'Connor of the Plum Island Water District addressed
the Board on the proposed water pipeline to Plum Island. He
stated he was gathering facts to address the issues for a
newsletter which will be sent to residents of Plum Island
before the July 23rd vote on the funding. He said he was
looking for facts only on cost, health issues, zoning impact,
fire protection, etc. Selectman Adams moved that the Board
of Health draft a letter to the Plum Island Water Commission
concerning the impact of a pipeline on health issues only.
Selectman Tevald seconded the motion. Chairman Machiros
abstained. As a resident of Plum Island he felt his involvement
might be construed as a conflict of interest.
Animal Control Officer, Dick Cunningham, requested an
increase in boarding fees to $5 . 00 per day. This will bring
Newbury in line with other neighboring towns. The request
was unanimously approved by the Board.
The Finance Committee addressed the Board with a
recommendation concerning the Triton budget. Bob Woolf stated
the Finance Committee after long deliberation recommended
going with a second override. The only other option being to
utilize the 45 day waiting period allowed between reciept of
the budget letter and our response. The Town has always had
a good working relationship with the schools but the committee
felt there was a rift developing over these budget issues . If
the proposed budget is approved as is , the additional cuts
must come from General Government which could jeopardize public
health and safety. Angie stated the Board of Selectmen stands
behind the Finance Committee 100% . They do not support this
SELECTMEN"S MEETING (cont'd) June 10 , 1991
recommendation in spirit but as a necessity. He apologized to
the residents of Newbury for reversing the decision that the
Board would not support a second override but felt the impact
of the school budget should be decided by a vote of all the
people of the town of Newbury. The Board and the Finance
Committee will present an article for a second override at the
continuation of Town Meeting which will be held June llth at
7 : 30p.m. at the Round School . If the article is approved, the
election will be held Saturday, June 29th from 12noon to 8p.m.
The meeting was adjourned at 10p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
June 25, 1991
Chairman Machiros opened the meeting at 8 : OOp.m.
Selectman Alan I. Adams was present. Selectman Joseph S.
Tevald arrived at 8 : 15p.m.
The following warrants were signed by the Selectmen:
June 11 , 1991 W49 $174 , 380 . 43
PW49 83 ,662 . 33
June 18 , 1991 W50 50 , 310 . 74
PW50 18,843 . 52
SW26 97 . 65
The annual appointments were made and are on file in the
Selectmen' s Office.
On the recommendation of Chief Merry three substitute
lifeguards were appointed for the 91 season contingent on
their meeting all required qualifications . The three are
Kristen Spanger, Scott Barney and Chris Sarney.
Reappointments to the Harbor Commission were approved
with the stipulation that the Chairman of the Commission be
elected by the members . This would not be an appointed position.
A letter was received from Mass Audubon Society-North
Shore requesting a letter of support from our Town for their
proposed application for a Mini Bays Program Grant from the
Mass Bay Program. The overall goal of this program is to
improve water quality and reduce biological pollution to the
small embayments . Selectman Adams moved that a letter be
drafted and sent on behalf of Mass Audubon. The motion was
seconded by Chairman Machiros .
SELECTMEN"S MEETING (cont 'd) June 25 , 1991
A license to buy & sell gifts and antiques was granted to
Mary Ross d/b/a Ross Antiques .
A one day special permit #57 was issued to the Newburyport
Chamber of Commerce for the sale of alcoholic beverages at the
Perennial Gardens on Wednesday, June 26 from 3-7 p.m.
A temporary auctioneers license was again issued to Bob
Branconnier and Gerald Mailly at 86 Newburyport Turnpike.
Under Chapter 61A the Board released an option to purchase
the Furlong/Perkins property located at 147 High Road.
A letter from the Newburyport Water Commissioners was read
advising the Town that Boy Scout Troop #44 had volunteered to
paint our hydrants. Newburyport will supply the paint and
brushes.
Contracts for the Mount Vernon Associates Health Plan
were signed. The new plan became effective 6/1/91 .'
A request was granted to the Plum Island Mothers Club for
use of the Upper Green for a flea market on Saturday, August
24th from 9a.m. to 3p.m. (raindate Saturday, Sept. 7th) .
The Fish Commission submitted the following recommendations
for approval :
1 . Close flats on Mondays until October lst, as well as
Sundays.
2 . Open Parker River from lA West on Thursday, Friday,
Saturday, with a 2z bushel limit, only if down river
is closed.
3 . Open Mud Creek at a date to be determined by the
Commissioners .
The Commissioners also requested permisssion to open flats on
Mondays and close lA West at their discretion. Chairman Machiros
moved that these recommendations be approved and it was seconded
by Selectman Tevald. Selectman Adams abstained.
Animal Control Officer, Dick Cunningham, spoke of the
ongoing complaints of dogs on the beach. In 1980 the Town
passed a by-law prohibiting dogs on the beach from May 15-Sept.
15 , however attempts to enforce this law have been unsuccessful .
He proposed more stringent fines and boarding fees, if the law
is to be enforced with any effectiveness . Chief Merry, while
sympathetic to the impracticality of enforcing the current by-law,
did not see dogs on the beach as a serious problem, although
admittedly they could be. The Board suggested that Chief Merry
and Dick Cunningham work together on writing a proper article
SELECTMEN'S MEETING (cont'd) June 25 , 1991
which could be voted on at Town Meeting.
The meeting was adjourned at 8 : 45p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
July 9 , 1991
Chairman Machiros opened the meeting at 8 : OOp.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
June 25 , 1991 W51 $181 , 197. 25
PW51 231 , 342 . 02
June 28 , 1991 W52 81 ,818 . 22
PW52 23 , 247 . 12
June 29 , 1991 W53 102 ,492 . 78
PW53 11 , 419 .63
June 30, 1991 W54 10 , 320 . 13
SW27 229 . 89
Pat Weslowski , Professor from Boston University, presented a
proposal to the Board on behalf of her students who would like
to do a preservation study of our historic buildings starting in
September and ending in December 1991 . These students would be
looking at resources, talking to Boards and at the close of the
project would present the Town with a document of their findings
and recommendations . Chairman Machiros noted that the project
sounded very worthwhile. He questioned Ms . Weslowski on liability
insurance for these students. She stated there was none. The
students had only basic medical coverage thru the school . Chairman
Machiros stated the Board would happily endorse the program is the
students would sign a "hold and harmless" form which would protect
the Town from liability in the case of an unforseen accident. He
also advised Ms . Weslowski that all recommendations and developed
material should be presented through the Historic Commission.
The Branconnier/Mailly auctioneers license was discussed with
Chief Merry. The Board asked the Chief to view closely the next
auction and report his findings to the Board at the meeting of the
23rd. A decision will be made at that time on the issuing of a
yearly license.
. A request was granted Protection Fire. Co. #2 to place a
banner on the Upper Green to promote their fund raising breakfast
on July 27th.
A one day special permit #58 was approved for Ould Newbury .
SELECTMEN' S MEETING (cont'd) July 9 , 1991
Golf Club for the sale of alcoholic beverages on July 12, 1991 .
Under Chapter 61A the Board agreed to release an option to
purchase lots 5 & 6 Elm Street, property of David Caldwell Corp.
Renewal of an Installers License for Fred Jackman was approved.
A letter from Triton Regional was read which invited the Board
and the Finance Committee to a meeting on Wednesday, July 10 at
8 : 00 p.m. Selectman Adams said he was very upset by an article in
the News which accused the Town officials of being anti-education.
He stated the Board has always been very supportive of the
schools, even to the point of supporting two override votes this
year when all other departments have been level funded.
Selectman Tevald agreed saying the people have spoken. The
School Committee knows level funding is the best we can do and
it should be up to the experts to make cuts where possible. The
mandate of the voters has be to upheld. If there was any way
we could do more we certainly would and have in past years .
Chairman Machiros reiterated these statements and said the
Board works for the whole town and we must do our best for all
budgets not just the school . I feel it was morally wrong for the
school to ask general government to make further cuts to justify
raises to school personnel . The Board' s responsibility is to the
entire town and the people have spoken by their vote against the
overrides . Therefore, the Board of Selectmen will not attend this
meeting and will ask the Finance Committee to consider the
same course of action.
A letter was received from Philip Osgood, Highway
Superintendent, asking for a voluntary 90 day leave of absence
without pay to seek counseling in an alcohol treatment center.
Selectman Adams moved that his request be approved and his return
to work be subject to progress reports received regularly from
the facility. This was seconded by Selectman Tevald. Tim Leonard
was asked to temporarily fill the position. The Board stated they
were pleased that Ozzie recognized his need for help and they all
wished him the very best of luck.
The meeting adjourned at 8 : 45p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
July 23 , 1991
Chairman Machiros opened the meeting at 8 : 15p.m. Selectman
Joseph S. Tevald was present. Selectman Adams was on vacation.
SELECTMEN' S MEETING (cont 'd) July 23 , 1991
The following warrants were signed by the Selectmen: -"-
July 9 , 1991 W1 $ 9 , 119 . 88
PW1 35 , 040 . 73
July 16 , 1991 W2 34, 986 . 27
PW2 21 ,723 . 98
Chairman Machiros announced a Special Town Meeting to be held
Tuesday, August 20 , 1991 at 7 : 30p.m. at the Round School for the
purpose of voting on the Triton Budget. The warrant will be
posted by August 6th and voter registration will close on August loth.
Chief Merry was asked for his report on the Branconnier/Mailly
auctions . He stated three auctions have been held successfully,
each with an officer on duty for traffic and parking control . The
few problems that have arisen were handled immediately by the duty
officer. The auctions have started at approximately 9a.m. and
were over by noon and all involved have been very cooperative.
After a short discussion, the Board approved a yearly license with
the stipulation that the number of Police Officers on duty at the
auction site be at the discretion of Chief Merry and he may assign
additional officers as deemed necessary for orderly traffic and
parking control at the expense of the auctioneer. Failure to comply
with these conditions imposed to insure the public safety and welfare
may result in the revocation of this license.
A one day special permit #59 for the sale of alcoholic
beverages by Protection Fire Co. #2 was approved for Friday,
July 26 , from 6-12p.m. The fee was waived.
Under Chapter 61A the Board agreed to release an option to
purchase Lot #1 Elm St. , property of David Caldwell Corp.
The Newbury Public Health Nursing contract from Home Health
Care of Greater Newburyport Inc. for FY92 was approved and signed
by the Board.
A request was granted for use of the Upper Green by the People ' s
United Methodist Church for a flea marked to be held Saturday,
Sept. 21st (raindate Sept. 28th) .
The Board approved the appointment of Elizabeth Scaparotti of
1 River Road to replace Laura Short as a Registrar of Voters .
A Used Car Dealers License-Class II was transferred from
Byfield Tire to Robert & Deborah Nicoll and Max Braley d/b/a
Byfield Auto Center, location to remain at 61 Main St. with the
stipulation that a maximum of 10 vehicles for sale will be
allowed at any one time.
SELECTMEN'S MEETING (cont 'd) July 23, 1991
the following licenses were issued to James Thider d/b/a
Surfside Galley, 2 Northern Blvd. - Common Victualler, Parking
Lot, Sunday Ice Cream and Milk.
The meeting adjourned at 8 : 35 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
August 13 , 1991
Chairman Machiros opened the meeting at 7 : 45p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
July 23 , 1991 W3 $ 14 , 235 . 92
PW3 42 , 573 . 12
Swl 20 . 00
July 30 , 1991 W4 266 ,746 . 68
PW4 39 ,823 .08
August 6 , 1991 W5 51 , 641 ,60
PW5 40, 168 . 57
SW2 357 . 67
Bruce Irving, Chairman of the Finance Committee, spoke briefly
on the state of the T_own ' s budget. He explained the net effect of
cherry sheet losses added to increased county expenses is fast
approaching a half million dollars in cuts to our budget. While
the Town may be able to generate approximately $36 ,000 this year
before reaching the property tax levy limit, these funds must be
held available in case of a natural disaster or unforseen major
repairs. All factors taken into consideration, the Finance Committee
has determined they can not in good conscience recommend the Triton
budget assessment of an additional $104 , 000 which will be voted on at
the Town Meeting on August 20th.
An offer was accepted for dredge material for use as landfill
cover from the Gloucester Fish Pier providing the proper DEP approvals
and manifests are provided.
A letter was read from Mr. D'Amore of 229 High Road requesting
the Town' s help in having the sidewalk extended on High Road in the
area of Bay View Road for use by his handicapped son. As High Road
is state property and not under the jurisdiction of the Town, this
request will be forwarded to our State Representative, Tom Palumbo.
The Selectmen offered Mr. D'Amore their support in his endeavor and
stated they. would gladly write a letter of recommendation for this
cause.
SELECTMEN' S MEETING (cont 'd) August 13, 1991
Permission was given to Protection Fire Co. #2 to place a
banner on the Upper Green advertising their fund raising breakfast
on August 31st.
A permit was granted Essex County Gas Co. to open and excavate
46 Parker St. for the purpose of installing a new gas service from
street to house, aproximately 1601 .
The following licenses were approved:
Installer - George Tougas d/b/a Tougas Construction
Buy & Sell Gifts etc. - Ronald & Rosemary Letch d/b/a
Seventh Heaven
Lieutenant Gregg Frappier was appointed Special Investigative
Officer to the Fish Commissioners .
The Selectmen ' s Meeting scheduled for August 27th will be
postponed to Tuesday, September loth.
The meeting adjourned at 8 : 15p.m.
Respectfully submitted,
Kathleen Sirois , Secretary .
SELECTMEN' S MEETING
September 10 , 1991
Chairman Machiros opened the meeting at 7 : 50p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
August 13 , 1991 W6 $217 ,441 . 44
PW6 22 , 862 . 74
August 20 , 1991 W7 14 ,501 . 25
PW7 44 , 841 . 09
August 27 , 1991 W8 46,812 . 15
PW8 21 ,831 . 53
W9 6 , 857 . 49
Pw9 2 ,077 . 06
SW3 177 . 84
September 3 , 1991 W10 21 , 533 . 88
PW10 81 ,782 . 52
Al Johnson, Senior Sales Representative for Mass. Electric.,
addressed the Board regarding the proposed changeover of street lights
from incadescent and mercury vapor to sodium vapor lamps. Savings
to the Town would be approximately $3 , 600 or 10% . The only cost to
the Town being police details for the utility crews . Savings would
begin immediately after the contract is signed, however, the physical
changeover will not be completed until December 1995 . Chairman
SELECTMEN' S MEETING (cont'd) September 10 , 1991
Machiros stated he had some reservations about changing anything that
would affect the character of the Town and would like to get some
input from the residents . Selectman Adams moved that the decision be
delayed until October lst to allow time for the people of Newbury to
express their views . Selectman Tevald seconded the motion.
At 8p.m. a public hearing was held regarding an application by
Governor Dummer Academy for a license to store up to 7 ,000 gallons of
LP gas at the site of their new gymnasium. Mr. Savage, representing
Governor Dummer, stated the gas would be used for heating purposes at
the new field house. The nearest abutter to this site is the Duff
property at 36 Elm Street, a distance of approximately 320 .feet. The
tank area will be fenced and vented. For the records, K. Sirois,
Secretary to the Selectmen, stated at 7 : 10p.m. that evening she
received a call from H. Verne Noyes, Chief of the Fire Engineers , stating
that the Board of Fire Engineers has reviewed and approved the plans
submitted by Governor Dummer for the storage of LP gas . Chief Noyes
was unable to attend the meeting. there was no opposition voiced in
regard to this license. It was moved and seconded that the hearing be
closed and the matter be taken under advisement. The hearing resumed
and the Selectmen unanimously granted the license.
Dave Foley of Middle Road addressed the Board regarding volunteer
testing of some of the conditionally restricted shellfish areas in an
effort to aid the Purification Plant and possibly have these areas
reopened. The Board advised Mr. Foley to present his proposal to the
Fish Commissioners as all matters pertaining to the shellfish areas
must be approved and recommended by this commission.
Requests for use of the Lower Green for Triton Youth Soccer
League practices were approved for Wednesday evenings 5-6p.m. for girls
under 10 and Thursday evenings 6 : 30-7 : 30p.m. for boys under 10 . No
games will be permitted.
A permit was granted Essex County Gas Co. to open and excavate
7 Chute Street to retire a gas service.
A license to buy & sell gifts etc. was approved for Lynn Everest
d/b/a Newbury Pharmacy Inc.
A proposal was received from Michael Tracy of Byfield to start
a summer recreation program for children in grades 1 thru 6 . Mr. Tracy
is a junior . at Colby College and has worked in such a program for the
Town of Rowley. Selectman Adams stated the proposal was very interesting
and certainly much needed in Town. He moved that the proposal be taken
under advisement until Christmas break, at which time Mr. Tracy will
be available for further discussion of his plans. the motion was
seconded by Selectman Tevald.
At 8 : 30p.m. a dog hearing was held. The complaintant, David Foley
SELECTMEN' S MEETING (cont 'd) September 10 , 1991
of 9 Spring Hill Road, and two neighbors, Donna Fournier of 15 Spring
Hill Road and Francis Fournier of 13 Spring Hill Road were present.
One of the owners of the dogs, Roger Thistlewood, was also present at
the hearing. Mr. Foley testified that during the months of June, July,
and August several coon dogs were kept on the property at 36R mOOdy
Street. These dogs barked excessively, even around the clock, and
the- dogs were left for periods of time unattended. Mrs. Fournier agreed
that the incessant howling especially during hot evenings was very
disturbing, especially to young children trying to sleep. She was also
upset by the poor conditions in which the dogs were left with dirty
water and tied so that they easily became entangled. On two occasions
In July reports were made to the Police who investigated along with- the
ACO Officer. The MSPCA was also called to investigate the conditions
but found no violations at that time. Mr. Thistlewood apologized to
his neighbors saying he had let matters get out of hand especially the
number of dogs housed on the property. He stated all but two animals
have been removed and he asked to be allowed to find homes .for the
remaining animals . ACO Officer, Dick Cunningham, was asked for a
recommendation. Mr. Cunningham stated while he had not been directly
contacted by Mr. Foley, he had been investigating the conditions at
36R. Moody Street. In the past this has been a place for hunting dogs
to be kept. There are presently only two dogs remaining. A home has
been found for one dog and he will be removed. The second dog he was
trying to find a suitable home for. Selectman Adams observed that for
a neighborhood accustomed to hunting dogs there must be a problem for
it to go as far as a hearing. A motion by Selectman Adams was made
and seconded to close the hearing and take the matter under advisement.
The hearing resumed and it was the unanimous decision of the Board that
Mr. Thistlewood be taken at his word that the dogs would be removed .from
the property. One coon dog to be removed to a family farm the next day
and the other animal to a new hame as quickly as possible. The ACO was
asked to closely monitor this area and in the event of any further dog
complaints on this property the ACO should take appropriate action
without the need of another hearing.
Approval was given to the Highway Department to hire Lane Baker
of Plum .Island on a part time basis with a period of six months
probation.
The appointment of Tim Leonard as Assistant Highway
Superintendent was unanimously approved.
The meeting adjourned at 9 p.m.
Resepectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
September 24 , 1991
Chairman Machiros opened the meeting at 7 : 30p.m. Selectmen
Joseph S. Tevald and Alan I. Adams were present.
The following- warrants were signed by the Selectmen:
September 10 , 1991 W11 $ 62,913 . 23
Pwll 39 ,640 . 63
September 17 , 1991 W12 197 , 391 . 04
W12A 4 ,636 . 43
PW12 79 ,529 . 14
A date for the next Special Town Meeting was set for Tuesday, Oct.
29th at 7 : 30p.m. at the Round School . The purpose fo this meeting being
to vote on the latest proposed budget from Triton Regional . Bruce
Irving, Chairman of the Finance Committee, reported the amount requested
$1 , 377,2.63 is still $101 ,024 more than the Town has approved and the
Finance Committee will once again not recommend this new budget figure.
A certificate of discharge was received from Beech Hill Hospital
acknowledging that Philip Osgood is able to return to work with no
restrictions . The Board voted unanimously to return Ozzie to . his
position as Highway Superintendent effective Wednesday, September
25 , 1991 .
The deferral of teachers salaries for Trition Regional was discussed.
This provision of House Bill 6051 was previously rejected by the T.R.
School Committee. The Board voted unanimously to reject the Teacher
Salary Deferral for Triton Regional School Teachers and a letter
affirming this decision was sent to the Department of Revenue.
Permits from Essex County Gas Co. to open and excavate 53 Hanover St.
and 6 Parker St. were signed but held in abeyance until Mr. Donald Serle
Distribution Supervisor, can be reached. The Town has had some
problems with road work done by Essex County Gas and will ask that a
representative from our Highway Department be present at all future
excavations to insure satisfactory repairs being made.
Under Chapter 61A the Board agreed to release an option to
purchase Lot 2 Elm Street, property of David S. Caldwell Corp.
Two requests for use of the Upper Green were approved, Newbury
Church Sunday School for Sunday, September 29th from 10a.m. to 12 : 30p.m.
for games and Martha Arias , Sunday, October 6th from 9a.m. to 1p.m.
for the collection of goods for needy families.
A license was approved for William & Louise Robitaille d/b/a
Pheasant Meadow Farm to Buy & Sell Grain, Hay, Animal Bedding and Related
Farm Products, however, the license will not be released until
SELECTMEN' S MEETING (cont'd) September 24 , 1991
Selectman Adams can speak to the Robitailles regarding potential .
traffic problems .
The meeting was adjourned at 8 : 05 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
October 8, 1991
Chairman Machiros opened the meeting at 7 : 45 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
September 24, 1991 W13 $ 32, 922 .70
W13A 3 , 040 .00
PW13 23, 576 . 43
PW13A 290 .00
SW4 217 .50
October 1, 1991 W14 13 , 446 .76
W14A 56 .00
PW14 80,761 . 08
SW5 75 . 00
At the .request of Chief Merry, Mr. David Ravinisi, Associate
Director of New England Telephone, addressed the Board on the
proposed Enhanced 911 emergency system. Vern Noyes, Dave Foley and
William Pearson were present from the Board of Fire Engineers to
present their questions and concerns. Mr. Ravinisi spoke of the.
savings of time and tracing costs of calls, special services to the
handicapped, training of dispatchers, informational materials,
elimination . of crank calls and ease of use of the system. Chairman
Machiros expressed his concern that at some future time the cost of
these services could be charged back to the Town. Mr. Ravinisi
assured him that this was not the intent of New England Telephone or
the Dept. of Public Utilities. All maintenance of this system will
be funded by users of 411 . Captain Pearson of Byfield Fire stated
one of his main concerns was the expedient transfer of emergency calls
from dispatch to their Red Base Network. Mr. Ravinisi will investigate
the possibilities and advise us on the compatibility of E911 with the
Red Base Network for a one button transfer. Mr. Foley stated he felt
the advantages outweigh the problems and in the interest of public
safety, Protection Fire Co. #2 supports the acceptance of E911 .
Selectman Adams noted that Byfield has a unique system for emergency
response and this system would be continued along with .E911 if accepted.
A decision on the acceptance of E911 was postponed until the Oct. 22nd
meeting at which time the Board of Fire Engineers was asked to
return to the Selectmen with a final recommendation.
SELECTMEN' S MEETING (Cont'd) October 8, 1991
The Board of Selectmen and Civil Defense Director approved
NH Yankee plans for an Emergency Operations Center and the installation
of communication equipment. A new antenna will be installed at the
Police Station to replace the present one which sustained storm damage.
The Town Engineers will be asked for recommendations for the location-
of poles for the installation of warning devices as soon as possible.
A request for a Class II Used Car Dealer License from Bruce
Branconnier d/b/a Easy Way Auto at 86 Newburyport Turnpike was taken
under advisement. the Board of Selectmen will review the application
and advise Mr. Branconnier of their decision.
The Board voted unanimously to reject the proposed Teacher
Salary Deferral for Whittier Regional School Teachers.
Andrew Avelis Jr. was appointed as Assistant Civil Defense
Director.
Special Permits #61,62, 63 for the sale of Alcoholic Beverages
by Ould Newbury Golf Club on Thursday, Oct. loth; Saturday, Oct. 12th;
and Sunday, Oct. 13th were approved.
A request from Nancy Burke of Larkin Road for use of the Town
Hall .for a Boy Scout meeting on Thursday evening, Oct. loth from
7-8 p.m. was approved.
On the advice of John Ford, Highway Engineer from Mass . DPW a
request will be forwarded to them for the construction of a sidewalk
at 229 High Rd. (D'Amore) . The Board agreed that maintenance of this
sidewalk (clearing of ice and snow) would be the responsibility of our
Highway Department after construction.
Approval was given for the planting of two trees on the Lower
Green in memory of Joseph Story and M. Louise Ziehler.
The meeting was adjourned at 9 :30p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
October 22, 1991
Chairman Machiros opened the meeting at 7 : 50p.m. Selectmen
Joseph S. Tev.ald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
October 8, 1991 W15 $77 , 664 . 94
W15A 203 . 40
PW15 16, 966 .85
��ysACUcoti ,n
v. TOWN OF NEWBURY
FIRE DEPARTMENT
NEWBURY, MASS.
01950
2�0� 6\�
RATED MPS
To: The Board Of Selectmen: December 31, 1991
From: The Board Of Fire Engineers:
Subject: E 911
The board of fire engineers has voted to support the E-911 proposal
that has been proposed by the Telephone Co. and the Commonwealth Of
Massachusetts with the stipulation that it compliments and does not
replace our current RED NETWORK SYSTEM, that has been so effective for
us in the past.
Thank you in advance for your anticipated cooperation.
sincerely,
H. V. NOYES III
�' FIRE CHIEF
SELECTMEN' S MEETING (Cont'd) October 22, 1991
October 15, 1991 W16 $62,825 .81
PW16 83 , 934 . 85
PW16A 190. 00
In the interest of public health and safety and on the
recommendation of the Board of Fire Engineers, the provisions of
Chapter 291 of the Acts of 1990 re: Enhanced 9-1-1 were unanimously
accepted by the Board of Selectmenfor the the Town of Newbury. The
Board of Fire Engineers was appointed as a committee to implement
standards and procedures working closely with Chief Merry and his
department. Approval was given for the purchase of an additional printer
for Byfield' s Red Base Network to provide them with a call detail
record. To complete their records the Board of Selectmen requested
a formal letter of acceptance from the Board of Fire Engineers.
A request was approved for a Used Car Dealers Class II license
to be issued to R. B. Branconnier, E-Z Way Auto d/b/a International
Cars, with the stipulation that a maximum of 30 cars for sale be allowed
on site at any one time.
Two one day Special Permits #64 & 65 for the Sale of Alcoholic
Beverages were approved for Newbury Protection Fire Co. #2 on Saturday,
October 26th. and Ould Newbury Golf Club on Friday, Oct. 25th. The
fee was waived for the Fire Co.
The Board approved a request from Mass Special Olympics to close
to traffic one lane of the road between Governor Dummer and Triton for
a cyclists race on Sunday, Nov. 3rd, between 10a.m. and 12 :30p.m. Mass
Special Olympics will be asked to coordinate all activities through
Chief Merry and his department.
Notice has been received from Peg Brady of Mass Audubon, North
Shore, that they have been awarded a Mini Bays Grant for their Plum
Island Sound/Rivers Project. Mrs. Brady will make a presentation to
outline the project and its goals at the Selectmen' s Meeting on Tuesday,
November 26th. Mass Audubon requested the Board designate a
representative to their Project Advisory Committee. It was moved and
seconded that Alan Adams be our designated representative. Mr. Adams
stated he would be honored to serve in this capacity. This .project
should be very beneficial to our Town and the clamming industry which
is one of our finest natural resources.
The Board extended their sincere sympathy to the Caldwell family
on the loss of their son, Brian.
It was noted that on Tuesday, Oct. 29th a Special Town Meeting will
be held to vote on the Triton budget. The Board agreed that .there was
no change in their position on the additional funding.
A request from Margaret Stone for use of the Town Hall for a
Democratic Town Committee meeting on Monday, Oct. 28th from 7-8 p.m.
SELECTMEN' S MEETING (Cont'd) October 22, 1991
was approved.
A memorial Dedication was scheduled for Thursday, Oct. 24th at
lla.m. A copper beech tree will be planted in memory of Joe Story on
the S. W. corner of the Lower Green and a Korean dogwood tree in
memory of Louise Ziehler on the S.E. corner.
Dick Cunningham, ACO, queried the Board on the proposed
amendment to the Beach By-Law that he had submitted to them a few weeks
prior. Chairman Machiros acknowledged that they had not had a chance
to investigate this proposal . As it will require a vote at Town Meeting,
there is time to. research the project. Dick was asked to work closely
with Chief Merry to iron out any anticipated difficulties before the
amendment is presented as an article at Town Meeting.
The meeting adjourned at 8: 20p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
November 12, 1991
Chairman Machiros opened the meeting at 7 : 45 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
October 22, 1991 W17 $ 45, 273 . 46
PW17 23 , 868 . 64
SW6 307 .33
October 28, 1991 W18 131, 555 . 08
PW18 81 , 627 . 91
November 5, 1991 W19 33, 222 . 95
PW19 20, 045 . 49
the board of Selectmen addressed the matter of the budget and the
additional $101, 024 needed for Triton Regional . Chairman Machiros
stated the Town has two options :
1 . Use next years money from certified surplus funds which is
deficit spending.
2 . Cut all Town budgets by approximately 7%.
the board unanimously agreed to pursue the second option. Chairman
Machiros expressed his thanks to all Town workers for their sacrifices.
This decision is a difficult one he said, but it it the responsibility
of the Board to keep the Town running in a fiscally sound manner. There
will be no pay cuts or lay offs but we may have to sacrifice some
services . The budget will be reviewed again in April to see if
additional cuts will be necessary.
SELECTMEN' S MEETING (Cont'd) November 12, 1991
Permits from Ackerly Communication for outdoor advertising boards
were approved with the stipulation that no displays of a sexually
explicit nature be permitted.
A Special Town Meeting will be held on Tuesday, November 26th at
the Town Hall to vote on the acceptance of Enhanced 9-1-1 .
Chairman Machiros expressed his thanks on behalf of the Board to
all our people who responded so quickly and performed so dilligently
during the storm of Oct. 30/31 . Special thanks were given to
Newburyport. Civil Defense Director, Ralph Ayers, Enpro, Pearson Land-
scaping, without whose fast action, manpower, and machinery we could
have had a real disaster on Plum Island. Also, special thanks to
Charlie Powers of the Conservation Commission for the long hours
spent on the Island and his work with individuals to repair their homes.
Chairman Machiros also stated that while the offer of aid from Red
Slavit, Haverhill Harbormaster, was appreciated, Mr. Slavit must work
with our Civil Defense Department and not freelance on his own thereby
causing more serious problems than he prevents.
Joe Tevald, on behalf of the Board and the townspeople, thanked
Angie for his personal efforts, long hours and leadership above and
beyond the call of duty. His efforts to save the Town beach and help
the people on the Island took priority over his own personal welfare
and we want him to know it is appreciated.
Chairman Machiros noted he had one complaint from Mr. L. D. Phillips
who claimed the Town placed debris on his property at P. I. center.
Mr. Phillips has made this complaint to the offices of Congressman
Mavroules and Senator Kennedy. As the debris in question was from the
storm, the Town offered under the emergency order to clean this lot
for Mr. Phillips if he would sign a letter stating he would not sue the
Town or any of the workers involved in this undertaking. To date this
document has not been received. The sand on the sidewalk in front of
Mr. Phillips property will be cleaned by hand so as not to jeopardize
the liability of the Town and its workers .
The Beautification Committee will be asked that they not place
their benches on Town property as the Town could be liable for
accidents occuring on them.
A contract from Mass Electric to replace the mercury vapor and
incandescent lamps used in our street lights with sodium vapor lamps
was signed by the Selectmen.
Chairman Machiros advised the Board that at a recent FEMA meeting he
queried the Federal representatives as to when we could expect
reimbursement for damages from Hurricane Bob. Unfortunately, he was told,
SELECTMEN' S MEETING (Cont'd) November 12, 1991
the bill has not yet been approved by Congress so we will have several
weeks to wait for our money. He was assured, however, that all "debris
cleanup" from the storm of Oct. 30/31 will be covered.
Chief: Merry noted that as was the case with Hurricane Bob, there
is private assistance as well as public availible for this last storm
in the form of low cost loans, relocation costs, etc. After Wednesday,
Nov. 13th, all claims can be submitted through the Newburyport Red
Cross .
The meeting was adjourned at 8 : 15p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
November 26 , 1991
Chairman Machiros opened the meeting at 7 :45p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present .
The following warrants were signed by the Selectmen:
November 12 , 1991 W20 5157 , 844. 31
W20A 2 ,000. 00
PW20 83 ,409 . 84
November 19 , 1991 W21 149 , 146 . 80
W21A 360. 00
PW21 21 , 751 . 23
Christmas on the Green 1991 will be held Sunday, Dec . 8th, at
3 : 30p.m. Mike Roy and his Committee are hard at work and with new
lights for the tree all should be ready for Santa ' s visit to Newbury.
Peg Brady and Andrea Cooper , representatives of Mass Audubon, North
Shore , made a presentation of their Plum island Sound/River Proiect which
was recently awarded a Mini Bays Grant from Mass Bay Program, a
federally and state funded program dedicated to preserving Massachusetts
and . Cape Cod Bays and its resources (e . g . shellfish, finfish, water
quality and wetlands) . Mrs . Brady explained the proiect and its
overall goals which will focus on identifying the sources of contaminants
particularly bacteria , and developing an education program to increase
citizen awareness and stewardship. Slides were shown of some of the
problem areas proposed for study over the next five years and a question
and answer period followed. A Mini Bays Advisory Committee will be made
up of representatives from Newbury, Ipswich, and Rowley, all working
closely with Mass Audubon. Alan Adams has been appointed as our
Selectmen' s Meeting (cont ' d) November 26 , 1991
representative to this Committee . Members present from the Planning
Board, Conservation Commission, Fish Commission and Harbor Commission
were all asked to dedicate a member to the Community Advisory Committee
to work actively on this project . the Board thanked the ladies for.
their time and enlightening presentation of the Program and assured them
that Newbury looks forward tothe opportunity to study and be involved in
this important venture with a common goal of protecting our most
valuable resources .
A Historic Records Preservation Fund was established for the
purpose of preserving and maintaining our Historic records .
The Board signed a letter of acceptance for approximately 15,000
cubic yards of dredge material from the Massachusetts Government Land
Bank, Gloucester State Fish Pier. This material will be delivered
between January and April 92 and will be used as ground cover at our
landfill .
As the work by NH Yankee on our Emergency Operations Center is
slowly progressing , the Board requested that the Fire Engineers . work
closely with Civil Defense Director, Roger Merry, regarding the location
and placement of siren poles as part of our radiological emergency plan
and our committment to Seabrook that this plan would proceed.
ACO, Dick Cunningham, requested the Selectmen set a date to discuss
his proposed amendment to the current dog by-law. Joe Tevald noted that
the key to this by-law would be to have one that will work and can
be enforced. Chief Merry stated fines cannot be directly collected
by the Town, therefore , pick up fees and a time structure should be
included in this amendment . The Board agreed to take this matter
under advisement and review the proposed article which will be
discussed again at the next meeting on Dec . loth.
The meeting adiourned at 9 : 15p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
December 10, 1991
Chairman Machiros opened the meeting at 7 : 45p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present .
The following warrants were signed by the Selectmen:
November 26 , 1991 W22 $19 , 108. 21
W22A 496 . 00
PW22 93 ,686. 54
Selectmen' s Meeting (cont ' d) December 10, 1991
December 3 , 1991 W23 $36 , 780. 70
PW23 25 ,927 . 20
A complaint against Ox Drawn Farm, 27 Central Street was brought
by. John Wolkonocki of 7 Courser Brook Drive and signed by several
neighbors . The problem is reported to be an offensive sour smell
believed to be coming from decomposing garbage used to feed the pigs
at the farm. Mr. Wolkonocki claimed this odor is offensive , a pollutant
and if caused by garbage could draw vermin. Selectman Machiros asked
if Mr . Rogers , owner of the farm, had been notified of this problem.
Mr . Wolkonocki - replied he had not notified Mr . Rogers this time , but
believed it had been brought to his attention in the past . ACO, Dick
Cunningham stated for the record that he was related to the owners of
Ox Drawn Farm and would withdraw if asked. The Board agreed
unanimously that Dick has always been fair in his investigations in the
past and if there was a problem he felt he could not handle the
investigation would be turned over to Selectmen Tevald. Mr . Cunningham
was asked to inspect the property, try to determine the source of the
problem and make a recommendation to the Board.
The following licenses were reviewed and renewed:
Buy & Sell Gifts etc : Lyn Everest d/b/a Newbury Pharmacy Inc . , Gail
Gandolfi d/b/a Flukes and Finds , Judith Fionda d/b/a Parker River
Trading Post , Harry Foote d/b/a Birds Nest
Buy & Sell Gifts & Video Tapes , Sunday Ice Cream & Milk - John Tracy
d/b/a Byfield Pharmacy
Milk - SKK Inc . , Robert Conboy d/b/a Corner Cupboard
Common Victualler, Sunday Ice Cream & Milk - Scott Dehetre d/b/a Buddy' s
Restaurant , Clifford Willey d/b/a Dick' s Variety, Walter L. Yale
d/b/a Main Street Mini Mart , Katherine M. Crepeau d/b/a Plum
Island Eatery, Gloria Merola d/b/a Beachcomber
Common Victualler , Sunday Ice Cream, Milk, Parking Lot U1-25 - Clifford
Willey/Robert Ducott Jr . d/b/a Haven II
Milk, Parking Lot - Guilfords Package Store Inc . d/b/a Mr . Moe ' s
Parking Lot U2-115/119 - Michael Villane d/b/a Villane Parking Lot , with
the restriction that "entrance and exit must be from Plum Island
Boulevard only"
Beauty Shop - Helen Bulgaris d/b/a Longfellow Hill Beauty Salon
Used Car Dealers License Class II - Offshore Concepts Corp . d/b/a
US #1 Auto Marine , and Highline Auto
The following liquor licenses were reviewed and renewed:
Retail Package Wine & Beer - Tracy Apothecary Corp d/b/a Byfield
Pharmacy, clifford Willey d/b/a Dick' s Variety, Jane F. McNeal
d/b/a PJ ' s
. Club Wine.& Beer - Oldtown Country Club Inc . & Old Newbury Golf Club
Retail Package All Alcohol - Byfield Assoc . Inc . d/b/a D & J Liquors ,
Guildford' s Package Store Inc . d/b/a Mr . Moe ' s , SKK Inc . d/b/a
Corner Cupboard
Common Victualler All Alcohol - Scott Dehetre d/b/a Buddy' s Restaurant ,
Selectmen' s Meeting (cont ' d) December 10, 1991
Gloria Merola d/b/a Beachcomber approved with the following
restrictions-NO JUKEBOX, NO ENTERTAINMENT, NO DANCING, NO MUSIC
Chief Merry advised the Board that one complaint had recently /
been filed against the Beachcomber for having music on the premises .
Upon investigation, Chief Merry reported that a group of Island
residents having a private party at the restaurant had brought
instruments with them to entertain the group. The Manager of the
establishment Mr. Pruneau, assured the investigating officer that they
had not intended to violate their license and. would not allow it to happe-n
again. Chief Merry said all involved were very cooperative . The
license was issued with the restrictions listed above .
Common Victualler and Sunday Ice Cream & Milk licenses were issued
to Jack' s Fish Shack, 49 P. I . Turnpike . This establishment will be
open for business for one or more days starting Thursday, December 12th,
in order to maintain the grandfathered use of this property.
Chairman Machiros reported the Town had been given tentative
approval from DEP to proceed with the landfill operation. All
applications for licenses must be submitted to DEP by June 30th, 1992 .
The Board unanimously reaffirmed the designation of the landfill as an
"integrated solid waste facility" consisting of wood waste processing ,
demolation materials , white goods , scrap metal , tires , compost and
solid waste . For the record he stated he felt the DEP has a positive
outlook for solving solid waste problems and his meeting with the
DEP representatives had been very successful .
There will be no Selectmen' s Meeting on Tuesday, December 24th,
due to the Christmas holiday.
Selectman Adams reported that Christmas on the Green activities
were very well accepted and the new lights on the tree were a welcomed
addition. He was saddened to report , however , that once again the
flags on the Green had been stolen and the ropes cut . Chief Merry
stated there does not seem to be an easy solution to prevent this
from re-occurring , but it will be investigated.
Landfill fees for Commercial Packers and Haulers for 1992 were
again set at $250 for haulers and $500 for packers , payable by
Janaury 15th. Resident stickers will again be $5 . 00 and must be
renewed by January 31st . A fee of $5 . 00 was also established for
bulky items such as a mattress , box spring , sofa , or stuffed chair .
The winter parking ban is in effect between the hours of
midnight and 6a .m. from Dec . 1st to April 1st .
The meeting adjourned at 9p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
January 14, 1992
Chairman Machiros opened the meeting at 8: 00p.m. Selectmen
Joseph S. Tevald and Alan I . Admas were present .
The following warrants were signed by the Selectmen:
December 10, 1991 W24 $ 74, 210. 37
W24A 50. 85
PW24 134,360. 96
December 17 , 1991 W25 224,084. 73
PW25 20,899 . 41
PW25A 450. 00
SW8 381 . 02
December 24, 1991 W26 22 ,905 . 19
PW26 88,018. 81
PW26A 272 . 95
December 31 , 1991 W27 28 , 504. 58
PW27 18 , 882 . 57
SW9 800. 00
January 7 , 1992 W28 84,861 . 64
W28A 90. 00
PW28 83 ,350 . 51
SW10 53 . 80
The Board announced that the Town Landfill/Solid Waste Facility
will soon be able to accept waste oil . The facility is being
constructed and we are awaiting DEP approval . A small fee will be
charged not to exceed the Town' s cost of having the oil removed.
. Motions were made by Selectman Adams and seconded by Selectman
Tevald for the following appointments :
Roger Merry - Chief of Police - 3 year term
Douglas Packer - Conservation Commission - to fill unexpired term
of Joseph Story
Charles Powers - temporary appointment to Sandy Point Reservation
Advisory Committee
Chairman Machiros advised the Board that he met with Mike Tracy
of Elm St . , Byfield, regarding Mr . Tracy' s proposal for a summer
recreation program for Newbury and Byfield children, grades 1-6. Mr .
Tracy will be asked to appear before the full Board in the near future to
present the complete program. the Board agreed that a youth activity
program is much needed in Town and they agreed to sponser an article at
Town Meeting to obtain approval and some of the funding needed. They
will also look at the possibility of some funding from the Phister Fund
and possibly registration fees . The next steps will be to review the
plan. with the Finance Committee , pursue the School Committee f,or
permission to use the Newbury Elementary School facility and check on
liability insurance with our insurance carrier.
Selectmen' s Meeting (cont ' d) January 14, 1992
The Board voted unanimously to formerly reject Teachers Salary
Deferral for FY93 for Triton Regional Teachers .
Permission was given to the Girl Scouts to hang a banner on the
backstop of the Green advertising their cookie sale .
An agreement was signed with the North End Boat Club to accept
up to 15 cubic yards of dredge material for use as ground cover at the
landfill .
An agreement was signed to decrease the bond on American Cablesystems
from $100,000 to $10 ,000 pending clarification from the Cable Co. of
distances and location of lines .
An application to FEMA for payment of Federal Assistance for damages
from Hurricane Bob was signed and will submitted immediately.
Tim Leonard, Assistant Highway Superintendent , was commended for the
time and effort he expended on paperwork for FEMA and MEMA and the many
meeting he attended with the Federal and State disaster teams .
The following licenses were reviewed and renewed:
Milk - Glen St . Cyr d/b/a Newbury Butchery Inc .
Beauty Shop - Anne Palumbo-Webber d/b/a Colonial Coiffures , Leslie A. Haley
d/b/a Newbury Hair Deisgn, Louise & James Henry d/b/a Changes Hair
Design
Buy, Sell , Repair , & Create Lobster holding systems - Donald C. Knight Jr .
d/b/a New England Lobster Pools
Buy & Sell Gifts Etc & Common Victualler - Fred Trezise & Robert Carleton
d/b/a Bay. Road Enterprises
Common Victualler, Gifts , Sunday ice cream & Milk - Roger Thurlow III
d/b/a Island Cafe
Common Victualler , Sunday ice cream, Milk - Eleanor J . Miller d/b/a
Jo-El ' s
Common victualler, Sunday ice cream, Milk, Parking Lot U3-183 - James
Morris d/b/a The Plum Inc .
Parking Lot U3-188 - Chandler Grinnel & Jack McKallagat d/b/a Boulevard
Parking Lot , Parking Lot U2-195 - Donald & Dorothy Phillips d/b/a
Phillips Parking Lot , Parking Lot U1-26/41 - Virginia Moore d/b/a
Ginny Moore ' s Parking
Grooming Shop — Karen Candeas d/b/a Karen' s Dog Grooming of P.I . ,
Deborah Knight d/b/a Deb ' s Place
Bait & Tackle , Sporting Goods , Sunday Ice Cream - Kay Moulton d/b/a
Surfland Bait & Tackle Shop
Buy & Sell grain, hay, bedding & related farm products - William &
Louise Robitaille d/b/a Pheasant Meadow Farm
Buy, Create, Sell Gifts/Woodcrafted items - Angie Machiros d/b/a AGJ
Woodworking & Woodcrafting
Buy & Sell Gifts Etc . - Susan H. Saunders d/b/a The Heart of Byfield,
Selectmen' s Meeting (cont ' d) January 14, 1992
Patsy J . Brown d/b/a F. Thurlow Brown Books , Norma & Harold Reader
d/b/a High Tail Acres , Mae Atkinson d/b,/a Mae .Atkinson Antiques ,
Luciano A. Capodilupo d/b/a R. C. Arts & Crafts , Christopher L. Snow
d/b/a Byfield Trading Co. , Robert L. Upton d/b/a Upton Farms ,
Mary A. Webber d/b/a Pine Cupboard
Installers - Pearson Landscaping, Manter Company, inc . , D & B
Construction (David Blackadar) , Keith P. Walton, R. B. Strong Septic
System Services , Metcalf & Parker Inc . , Stuart Dalzell , Charles
E. Killam, Allen P. Rogers , T. L. Norton Co. Inc . , John D. Hartnett ,
& Son Inc . , Abbott Construction, Francis J . Fournier , Spalding
Construction Inc . , Hawk' s Construction Co. , CME Excavation,
James C. Charles Contracting Inc .
Hauler ' s Permit - R. B. Strong Septic System Services
Used Car Dealers Class II - Byfield Auto Center, Newbury Auto Sales , Inc . ,
Special Interest Autos of Newbury, Angie ' s Service Station
ACO, Dick Cunningham, addressed the Board on Ox Drawn Farm
investigation. He had spoken with the owners and examined the area and
found that on occasion there is an odor from the animals . He was
assured that garbage was never fed to the pigs . The odors seemed to be
caused by the moisture level in the ground. Mr . Rogers , owner of Ox
Drawn Farm agreed and will try to alleviate this bad drainage problem
which will eliminate a lot of the odors . Selectman Tevald stated he
had also spoken with Mr . Rogers and was assured that garbage was not
used as feed. He also felt if the area was cleaned up, the odors might
abate . Dick was asked to make periodic checks and report any changes
to the Board.
On the recommendation of Chief Merry, a new fee schedule was
adopted for 1992 raising the fee for "License to carry firearms'.' to
$20, Dealers license , shotgun & rifle to $20 (3 year license) and
Ammunition to $27for the initial three year license . These new fees
will bring the Town of Newbury in line with surrounding towns .
The question of licensing the new Byfield Antique Mart was
discussed. Chairman Machiros suggested perhaps a blanket license to
Mr . Kelly rather than individual vendor licenses would resolve the
problem. A nominal fee of $250 was suggested as a fair charge for
this year. Licenses for concessions or auctions would be treated
seperately.
Special permit #66 for the sale of alcoholic beverages for
Protection Fire Co. #2was approved for Sunday, Dec . 29th 1991 between
the hours of 7p.m. and 12a .m.
The meeting adjourned at 8 : 30p.m. .
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
January 28, 1992
Chairman Machiros opened the meeting at 7 : 30p.m. Selectman
Adams was present . Selectman Tevald was absent .
The following warrants were signed by the Selectmen:
January 14, 1992 W29 $ 72 ,864.44
PW29 195623 . 31
SW11 113 . 84
January 21 , 1992 W30 151 ,399 . 42
PW30 86 , 673 . 93
Mr . Richard J . Kelly, owner of the International Antique Mart ,
Ould Byfield Center, addressed the Board regarding his application for
a Used Car Dealers Class II license . The intent of this license would
be to allow him to display and sell antique and special interest autos
at the Mart . The Board congratulated Mr. Kelly and wished him well
in his new venture . The application for this license was taken under
advisement . Issuance of this license will be subject to approvals
from the Fire Department and ..Charlie Powers , Building Inspector and
Zoning Enforcement Officer .
John Pearson, 42 Fruit Street , presented a proposal to donate a
parcel of land off Fruit Street to the Town. Mr . Pearson agreed to
incur all cost pertaining to the filing of deeds and legal fees . The
Board took the proposal under advisement and will forward it to Town
counsel to start the legal process in motion. Mr . Pearson was advised
that subject to the acceptance of this proposal , the procedure could
take a month or two before being finalized.
A Public Hearing will be held Tuesday, Feb. 4th at 8p.m. to
determine the tax levy for FY92 .
The following requests for use of the Upper Green were approved:
Historical Commission Ham & Bean Supper on Sunday, June 7 , 1992 , 4: 30
to 9p.m.
Old Town Newbury Clammers - softball games Tuesday & Thursday evenings
May thru October.
Newbury/Rowley Lions Club Flea Market & Crafts Fair - Saturday,
October 10th (raindate-Monday, October 12th) .
Beachcomber - Co-ed softball Monday & Wednesday evenings from 6p.m. til
dark and Saturday mornings 10a.m. to 12 : 30p.m. , with the stipulation
that Saturday mornings would be relinquished if requested by another
group with at least one weeks prior notice .
A one day special permit #1 was approved for the sale of alcoholic
beverages by Protection #2 Fire Co . on Saturday, Feb. lst from 9 : 30a .m.
to 5p.m. for a fund raising event .
Selectmen' s Meeting (cont ' d) January 28, 1992
The Board voted unanimously to reject Teacher Salary Deferral
for FY93 for Whittier Regional Teachers .
An Installers permit was issued to W. S. Llyod Inc .
The meeting adjourned at 8: 15p.m.
Respectfully submitted,
Kathleen Sirois Secretary
PUBLIC HEARING
February 4, 1992
At 8p.m. 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 1992 . Hearing to be held at
the Newbury Town Hall , 8p.m. , Tuesday, February 4, 1992 .
Mr . Worthen Taylor , Chairman Board of Assessors , addressed the
Board and recommended a single rate of $11 . 18 for all classes of
property. There was no opposition voiced. Chairman Machiros advised
the Board of Assessors that Selectman Adams , who was absent from the
hearing , had reviewed their recommendation and had approved the single
rate as proposed. A motion was made and seconded to close the
hearing and the matter was taken under advisement . The hearing resumed
and by unanimous decision of the Board, all commercial , industrial ,
and residential property will be taxed at the single rate . A motion
was made and seconded to close the hearing . the Assessors will
forward the proposed rate and financial information to the Department
of Revenue for final approval .
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
February 11 , 1992
At 7 : 30p.m. the Selectmen ' s Meeting was moved to the hall at the
Morgan Avenue Fire Station by Selectman Machiros due to the large number
of persons in attendence .
Chairman Machiros opened the meeting at 7 : 35p.m. Selectmen Adams
and Tevald being present . Mr. Jack Clarke , Asst . Director of Mass
Coa.stal Zone Management , was asked to address the people regarding the
proposed acceptance of dredge material from Gloucester Harbor and, if
possible , answer their questions and concerns . Some of these questions
having been raised by Philip Coates , Director of the Division of Marine
Fisheries . Mr . Clarke advised the citizens that plans for dredging
Gloucester Harbor had been in the works since 1985 . This material , after
de-watering , has been approved for use as daily cover for certain land-
fills and has been tested and approved by DEP. He read letters from
Philip Coates withdrawing his objections to the project , the Department
of Environmental Protection reaffirming their prior approval of using
the material as daily cover and the DEP Division of Water Pollution
Control supporting the proposed siltation control measures to contain
the dredge spoils . Mr . Clarke stated this material could not be dumped
at sea as it is too light and the silt connot be contained and could
cause contamination of fish and other organisms .
Mr. Colby, Mrs . Fix and Mr. Purinton all had questions on the
contaminants involved and who will accept this material if Newbury refuses
it . Mr. Donald Adler advised the Board and Mr . Clarke that he and a
group of concerned citizens had hired an independent environmental
service , Horsley Witten Hegeman Inc . , to review these reports and tests .
While the samplings tested were all within acceptable government limits
for use as landfill ground cover, they felt a further TCLP (leachability
test) should be conducted and expressed their concern that there could be
possible run off into the Little River even with the containment
measurers in place . Horsley Witten also suggested immediate monitoring
after de-watering and shellfish testing . It was asked if the material
would be removed at no cost to the town if the containment plan does not
work. Mr. Clarke stated he could not indemnify that removal would take
place as the landfill will eventually be phased out , capped and shut down.
Mr. Ben Pearson and Mr . Bill Plante stated while they had not reason
to disbelieve the state agencies , they felt the testing had not been
thorough enough. "Obviously 99% of the people present tonight do not
want this cover" , said Mr. Pearson. "So why take the risk for the
Town of Newbury"?
Mr . Rusty Iwanowitz read a letter of facts he had compiled in which
he stated some of the dredge material tested had been found to be
Category II Material which means it is contaminated. He also asked "is
it worth the risk"?
Selectmen' s Meeting (cont ' d) February 11 , 1992
Many similar questions were raised by concerned residents ,
especially the clammers who depend on the surrounding waters for their
livelyhood. Robert Bertolino, an engineer from Fay, Spofford &
thorndike , the company overseeing the contracts for the dredge material
attempted to address some of these concerns, as did Mr . Clarke .
After two hours of questions and discussions , Selectman Adams
stated due to many unknown and unresolved factors , conflicting reports from
state officials , incomplete testing and the danger of contaminiation of
the wetlands and possible pollution of our shellfish beds , I move
that the Town of Newbury not take this dredge material into our landfill .
Selectman Tevald seconded the motion and Chairman Machiros made it
unanimous . Gloucester Harbor dredge material will not be accepted
by the Town of Newbury.
The meeting was adjourned to Town Hall to take care of every day
business .
The meeting resumed at 10: 15p.m. at Town Hall .
The following warrants were signed.
January 28, 1992 W31 $ 30,214. 26
PW31 19 , 774. 50
February 4, 1992 W32 156 , 579 . 84
PW32 83 , 199 . 85
SW12 190 . 80
A letter of resignation from Bruce Irving was read and accepted with
regret .
The Board announced that Bob Woolf had agreed to take over the Chair
of the Finance Committee . Mr . Woolf was asked to report on FY93 budget .
He stated a semi-final draft should be available for review by the first
of March. Mr . Eugene Case was welcomed as a new member of the Finance
Committee . He will serve as liason with the schools . Selectman Tevald
asked about the impact of impending loss of students thru "school choice" .
Mr . Woolf replied "no one knows" . A meeting was set for Thursday,
March 5th at 7 : 30p.m. with the Selectmen, Finance Committee , and School
Committee to discuss the impact of "school choice" on our Town.
On the recommendation of Chief Merry it was moved and seconded to
appoint Russell Peirce III as a civilian reserve dispatcher.
A request from Chief Merry was approved to accept a Northern Essex
criminal law student , Brian LaBua , to work with the Police Department
approximately eight hours a week in a field practicum. His release and
indemnification are on file .
The following licenses were reviewed and renewed:
Common Victualler , Dancing weekdays , Milk, Sunday ice cream - Ralph f .
Johnson, Mgr Ould Newbury Golf Club Inca
Selectmen' s Meeting (cont ' d) February 11 , 1992
Installers - Harris Contracting and Rand Excavating
Buy & Sell gifts etc . - Susan Jaworski Stanc d/b/a Apple Cider Press Prints .
Common Victualler , Parking lot , Dancing weekdays - PITA Hall . This fee
was waived by the Board.
A new license for the Sale of Gifts etc/Multicomplex was issued to
Richard J . Kelly d/b/a International Antique Mart . The fee was set at
$250 for this year with the possibility of raising it to $500 in
future years .
A one day special permit #2 for the sale of alcoholic beverages was
issued to Fire Portection #1 for their Annual Fireman' s Ball on Saturday,
March 7 , 1992 from 5 : 30p.m. to la .m. at Governor Dummer Academy.
Use of the Upper Green was approved as a checkpoint for cyclists in
the National Multiple Sclerosis Society' s "Great Mass Getaway" on Sunday,
June 28th from lla .m. to 3 : 30 p.m.
Richard Cunningham was reappointed Animal Inspector for the Town of
Newbury.
On the recommendation of Chief Merry and subiect to the acceptance
by the Town of Chapter 40, Section 8G of the M. G. L. an agreement with the
Northeast Merrimack Valley Drug Task Force will be signed.
The meeting was adjourned at 10: 35p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
February 25 , 1992
Chairman Machiros opened the meeting at 7 : 45p.m. Selectmen
Joseph S . Tevald and Alan I . Adams were present .
The following warrants were signed by the Selectmen:
February 11 , 1992 W33 $130,226 . 70
PW33 19 , 866 . 13
February 18 , 1992 W34 27 ,263 . 87
PW34 85 ,375 . 29
SW13 266. 11
Richard Dugess from the office of Attorney Janos in Newburyport
addressed the Board regarding the transfer of a Liquor License and
Common Victualler license for Dick' s Variety from Clifford Willey to Eric
Greibling. Mr. dugess was advised that a public hearing must be held
Selectmen' s Meeting (cont ' d) February 25 , 1992
and March 24th at 7 : 30p.m. was set as the date . A notice must be
placed in the newspaper at least 14 days prior to this hearing and both
parties (buyer and seller) must be present at the hearing. Applications
and information regarding the particulars of such a transfer may be
obtained at the Town Clerk' s Office .
Bob Woolf reported on the Finance Committee ' s progress with the
warrant . He expected a preliminary warrant to be ready by weeks end for
review by department heads . The Finance Committee proposed three articles
to be placed on the warrant : (1) $12 , 150 to fund a half kindergarten
teacher if funds become available ; (2) $10 , 000 to start a summer
recreation program for children from Newbury, Plum Island and Byfield, if
funds become available ; (3) A one time request for $8 ,000 to purchase
Hazardous Material Fire Fighters turnout gear for Prot . Fire Co. #1
and #2 . It was moved and seconded by the Board to accept these articles
for placement on the warrant . Mr . Woolf_ stated that the budget is tight
and the impact of school choice is still an unknown factor . Meetings
have been scheduled to discuss this matter on Thursday, March 5th at
*7 : 30p.m. at the Town Hall and Monday, March 9th at 7 : 30p.m. at Triton
Regional . A letter was drafted and approved from the Board of Selectmen
and the Finance Committee asking all department heads to minimize
discretionary spending thru the end of this FY.
An amendment to the Beach By-Law regarding dogs on the beach was
proposed by Dick Cunningham, ACO. After a short discussion, the pick up
fees as listed were approved by the Selectmen. Selectman Tevald suggested
that the wording "one year ' be changed to read "one season" so as not
to be misconstrued. Mr. Cunningham stated he would sponser this by-law
amendment as a petition article .
A date for Mock Town Meeting was discussed. Dick Cunningham said he
would check with the Grange at their next meeting but tenatively he
thought MTM would be scheduled for Thursday, April 9th at 7 : 30p .m. Dick
suggested that the meeting may have to be held at the fire station in
Byfield due to the classes held at the Byfield Town Hall . Selectman
Tevald will check the town hall and report back to the Board.
The warrant for Annual Town Meeting will be closed to petition
articles on Tuesday, March 10, 1992
Mr . Dana Smiledge of 86 Central St . interrupted the meeting
briefly with questions regarding his taxes and assessment . Mr . Taylor ,
Chairman of the Board of Assessors invited Mr . Smiledge into the
Assessors office where the records could be reviewed.
A request for use of Byfield Town Hall for a family reunion and
geneology session was approved for Carol White of 6 School St . for
Sunday, August 16th from 12 noon to 6p .m.
Selectmen' s Meeting (cont ' d) February 25 , 1992
A one day Special Permit #3 for the sale of alcoholic beverages was
approved for Protection Fire Co #2 for Sunday, March 1st from 2-6p.m.
for a fund raiser. The fee was waived.
An installers permit was reviewed and renewed for David Foley of
Green Street .
Mr. Steve Moore was appointed to the Mass Bays Program Local
Governanace Committee .
Warrants were signed for the Presidential Primary Election to be
held Tuesday, March 10 , 1992 .
There will be no Selectmen' s Meeting on Tuesday, March loth due to
the Presidential. Primary Election.
Chairman Machiros advised the Board that he had received the new
Federal Rules , Regulations and Guidelines covering the Americans with
Disabilities Act (ADA) . An assessment of what is needed in town to
meet these requirements will be implemented. The Board agreed they
would expedite compliance with the ADA regulations as quickly as is
fiscally possible .
The meeting was adjourned at 8 : 45p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
March 5 , 1992
A workshop meeting was held on Thursday, March 5th at 7 : 30p.m.
with members of the Board of Selectmen, School Committee and Finance
Committee in attendence. The purpose of the meeting being the impact
of "School Choice" on the Town and the budget.
Joan Weyburn, Chairman of the School Committee advised that they
cannot predict the impact of "school choice" on the budget. This year ' s
budget will not be effected but FY94 may be effected by as much as
$300, 000 , depending on the number of students leaving Newbury schools .
The schools cannot predict this number until start of school in September,
however, 28 students have been accepted at other schools , to date, for
next year ( 18 to Masconomet and 10 to Hamilton-Wenham) .
John Kriegel commented, "we are facing a potential nightmare" . If
we lose Newbury students we will be hit by the full tuition amount. if
we take in students to Triton, Newbury will only receive 33 . 3% .
Selectmen' s Meeting (cont 'd) March 5 , 1992
Joan Weyburn spoke of the Newburyport Collaborative which includes
Georgetown, Amesbury, Newburyport and Pentucket. This group is
attempting to form an agreement allowing students within the collaborative
to attend member schools without charge of to take specific courses at
other schools.
Discussions ensued on our options , the Educational Reform Act,
marketing of our schools. Ben Tymann summarized the evening by stating
"the hard reality is you can 't recoup anything you lost unless you
vote choice" . Margaret Stone told the Boards the School Committee has
done their homework and they still do not understand the "school choice
law" .
Chairman Machiros advised the Committees that the Selectmen were
willing to do whatever is necessary to help with this problem. It is
an opportunity for the whole town to work together. He advised the
committees he would be meeting with Senator Buell on Friday and would pass
the Town' s concerns along.
The School Committee members departed form the workshop at 9p.m.
Bob Woolf , Chairman of the Finance Committee discussed the
possibility of requesting either a 3% or 5% raise for Town employees .
The Board unanimously agreed that the Finance committee try for 5% , as
there was not allowed last year. Bob advised the Board that he would
like to speak at the Annual Town Meeting, prior to voting on the budget
articles, to explain expenditures, where the revenue is comint from and
the impact on taxes.
Angie reported on the February 28th meeting with the Parker River
Wildlife Refuge. He expressed his concern of money for an extra
lifeguard who would be needed if we agree to open our beaches. He also
stated there was a possibility of having the use of two beach buggies,
which could also prove useful in enforcing the new "beach by-law" . A
final meeting will be held with all the parties involved on March 26th at
the refuge.
The meeting was adjourned at 9 : 30p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
March 24 , 1992
Chairman Machiros opened the meeting at 7 : 30 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
February 25 , 1992 W35 $45 , 036 . 10
PW35 20 , 515 . 14
March 3 , 1992 W36 137 , 304 . 94
PW36 82 , 715 . 37
March 10 , 1992 W37 94 , 940 . 83
PW37 17 , 989 . 72
March 17 , 1992 W38 165 , 882 . 11
PW38 82 , 751 . 12
SW14 66 . 57
A public hearing was held for the transfer fo a "Wine and Malt
Beverage Package Goods Store" license from Clifford L. Willey d/b/a
Dick ' s Variety to Erich R. Griebling, premises located at 29 Plum
Island Boulevard. The legal notice was read and notices to abutters
recorded. Chairman Machirosasked if anyone wished to speak for or
against the transfer. No one spoke in opposition. Attorney Janos
spoke on behalf of Mr. Griebling. Selectman Adams motioned to close
the hearing and take the matter under advisement. It was seconded
by Selectman Tevald. The hearing was reopened and the Selectmen
unanimously granted the transfer of the license. This transfer will be
submitted to the Alcoholic Beverage Control Commission for final
approval .
Mr. Richard J. Kelly appeared before the Board to request a Common
Victualler and Sunday license for his Olde Byfield Expo Center. No
one spoke in opposition. Mr. Kelly was asked to submit a copy of his
plans to the Building Department and the license was approved.
The following licenses were reviewed and renewed:
Installer - W. Harrison & Son
Parking Lot U2-111 - Charlotte M. Collins d/b/a Collins Parking Lot
Parking Lot U3-141 and Popcorn Machine - Lawrence & Geraldine Dorr d/b/a
Wheelhouse Parking
Buy & Sell Gifts Etc. - Francis E. & Mary E. -Coffey d/b/a Old Newbury
Enterprise Systems
Jone McPhee presented a proposal to the Board on behalf of Greater
Newburyport Opportunities, asking the Town to consider using their
disabled workers for specific tasks such as office work and general
cleaning. Workmans Comp and Liability Insurance are carried by the
workshop. the Selectmen commended Ms . McPhee for the work she is doing
with handicapped persons . It was moved and seconded that this information
be presented to all Department Heads and a list of personnel needed be
submitted to Ms . McPhee at the workshop as soon as possible.
A dog hearing was set for April 14th at 8p.m. The complaint was
issued by Douglas Hyde of School Street against Pamela Griffin of Birch
Lane.
A letter of resignation from Robert Chick (Historical Committee)
was accepted with regret.
It was moved and seconded to appoint Gage Kelly and Reagh Atkinson
to fill the vacancies on the Personnel Board.
Regulations for the Clam Industry and the Taking of Seaworms for
the 92-93 season were reviewed. Selectman Tevald moved that the
regulations , as recommended by the Fish. Commissioners , be accepted as
written. It was seconded by Chairman Machiros . Selectman Adams
abstained.
Geraldine Reed of 63 Pearson Drive speaking for a group of citizens
requested the Board of Selectmen accept an article for the Annual Town
Meeting warrant. This article asks for the establishment of a serarate
elected Board of Health. Mrs . Reed was advised that the warrant was
closed and the Selectmen could not accept her article. Selectman Adams
asked Mrs. Reed why she felt a separate Board of Health was needed, what
she perceived as their job, and what were the problem areas . Mrs . Reed
listed a few Board of Health responsibilities and stated both the
Selectmen and the Board of Health jobs are time consuming and she felt
SELECTMEN' S MEETING (cont 'd) March 24 , 1992
the Town would be better served with separate boards . Both Selectmen
Tevald and Adams countered that they did not feel the jobs were too
much for them to handle. Robert Quinn also of 63 Pearson Drive remarked
that what Mrs . Reed was suggesting was that many of the health issues
require someone with backgrounds in Public Health. Selectman Tevald
stated "I take exception to that and I can document that it is not
true" . Ms . Quinn said it was evident from the dump issue that
professional engineers should be involved in these matters . Selectman
Tevald asked if she was suggesting that professional engineers might
take on the job for no money. He stated that if there is any situation
the Board is not comfortable with they would bring in consultants .
Selectman Adams commented that the dump issue was being blown way out of
proportion. The Board of Health is here to protect the health and
safety of every person in this community and I cannot see where a
serarate Board of Health would be more available or more fair to the
concerns of the Town. Chairman Machrios interrupted saying, "Mrs . Reed
you are an opponent in this election for the Board of Selectmen. " "While
I recognize your right to speak at this meeting, you can no longer
speak as just a private citizen. " "It is obvious to everyone here that
you are using this meeting as a political forum. " "These issues should be
debated in the proper forum. " Mrs. Reed agreed that as a candiate it
was not proper protocol . Selectman Adams ststed it is very upsetting that
of the candidates running for Selectman, one has never been to a meeting
and the other just moved into town six months ago. We talk about people
volunteering but in the years I 've been in office I 've seen very little
evidence of this happening.
Use of the Town Hall was approved for Gary Shanks of High Road
for Pony League sign ups on Saturday, March 28th from 9a.m. to lla.m.
Use of the Upper Green was approved for People ' s United Methodist
Church for a flea market on July llth (raindate July 18th) and September
12th (raindate Sept. 19th) .
A proposal from the Newbury/Rowley Lions Club to erect a gazebo
on the Green was discussed and will be investigated further. It was
suggested that the monies might be better used for a new back stop on
the softball field. This suggestion will be proposed to the Lion ' s Club.
Chairman Machiros updated the Board on the beach closing. The
refuge beach is expected to be closed at least thru the end of June. He
will be attending a meeting on the 26th to finalize some of the plans .
The Board agreed that extra funding for an extra lifeguard and increased
security should be expected from the US Fish and Wildlife Service if
Newbury is to open their beach to visitors using the #1 parking lot at
the refuge.
The meeting adjourned at 8 : 45p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
April 14 , 1992
Chairman Machiros opened the meeting at 7 : 30p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
March 24 , 1992 W39 $ 30 , 689 . 75
PW39A 2 , 001 . 50
PW39 22 , 368 . 32
March 31 , 1992 W40 17 , 633 . 74
PW40 84 , 916 . 50
SW15 275 . 45
Selectmen ' s Meeting (cont 'd) April 141 1992
April 7 , 1992 W41 $ 61 , 866 . 45
PW41 17 , 600 . 20
The refuge beach closing was discussed. Chairman Machrios advised
the Board that . there seems to be some confusion as to whether or not the
additional funds needed for increased security and an extra lifeguard for
the Newbury Public Beach is forthcoming from the U.S. Fish & Wildlife
Commission. The Town had agreed to open the town beach to visitors of
the refuge is the financial burden of this decision could be alleviated.
Last year with no prior notification of the closing visitors to the
refuge placed an extra burden on our roads and parking lots . By working
with the refuge and the opening of Lot #1 at the refuge, it was hoped
that some of this burden would be lifted. Selectman Adams said he felt
the Town was moving in the right direction by trying to work with the
Wildlife Commission. Selectman Tevald concurred but stated, "the
Commission had agreed to compensate the town for the extra expenses
incurred and if these funds are not forthcoming, perhaps we will have
to deny access to our beaches. No final decisions will be made until
the 12th of May at which time the town should have a decision from the
Wildlife Commission.
Frances Webb presented the Town with an American Flag to be flown in
memory of her husband, Henry Webb. Mr. Webb served the Town as
Selectman for several years from 1112 to 1968 . It was moved and seconded
that the flag be flown with pride in his memory at Town Hall on election
day, April 25th.
A request for use of the Newbury Public beach was approved for
Alexander White representing Governor Dummer Academy for April 30th.
Chairman Machiros announced that monies had been received from the
State of Mass. for damages incurred by the Town during Hurricane Bob
and the October 30th storm in the amount of $14 , 452 and also franchise
fees were received from Continental Cable in the amount of $864 . 50 .
Installers licenses were reviewed and renewed for Paul Wilkinson
and also Stephen Murphy d/b/a Up Country Landscaping.
A license was approved to Buy and Sell bird feeders , unique bird
houses and related garden supplies for Charles N. Powers d/b/a Byfield
Bird Barn.
A request for use of the Town Hall was approved for the Republican
Town Committee to meet on Thursday, April 16th at 7 : 30p.m.
A request for use of the Upper Green softball field was approved for
the .Newbury Polecats on April 18th from 2-5p.m. Request was made by
Mark Bryant of 24 Orchard Street.
At 7 : 55p.m. a motion was made and seconded to take a five minute
recess . The Selectmen returned at 8 : OOp.m. and a motion was made and
seconded to reconvene the meeting.
Selectmen ' s Meeting (cont'd) April 14 , 1992
In accordance with the provisions of General Laws T.E. Chapter 140 ,
Section 157 , a complaint issued by Douglas Hyde, 23 School Street against
a dog owned by Pam Griffin of 5 Birch Lane was read. All parties wishing
to testify were sworn to tell the truth. Mr. Hyde, the complaintant,
stated his dog, a German shorthair, had been repeatedly attacked while. on
a restraint in the Hyde back yard. He stated he had notified the ACO of
the attacks . The services of a Vet had been required - twice. The last
attach on March 14th at 4 : 45 p.m. had resulted in several punctures
wounds on his dog. He said he had asked Griffins to restrial their dog,
Alex, when his dog is out but had received no satisfaction. Mr. Laurence
Griffin speaking in place of his wife, Pamels, said he was shocked and
surprised at Mr. Hyde ' s statements. He asked his son, Chris, and a
friend, David Smart, to describe the incident of March 14th as they saw
it. The boys stated they went to Triton with Alex to play and Mr. Hyde ' s
dog was not out at the time. On their way back Mr. Hyde ' s dog was out and
started barking and Alex entered the yard but they did not observe any
contract. The boys called Alex and they continued on their way home.
Mr. Griffin stated that they were conscientious dog owners and Alex was a
"great dog" , good with children, adults and other animals . Mr. Robert
Young of 7 Birch Lane, Mr. Robert Krom of 4 Birch Lane, and Mr. Matt
Kaminski of 12 Birch Lane all testified that their dogs have never been
bothered by Alex. Mr. Paul Smart of 1 Birch Lane stated while he could
not attest to the relationship of the two dogs he had never known Alex
to be aggressive with anyone. A letter from the Cains of 27 School Street
was also introduced stating Alex was well behaved and never a problem
to them. Mr. Griffin stated it was his conclusion that it might not be
Alex who was attacking Mr. Hyde ' s dog but possibly one of the other 38
Golden Retrievers in Byfield. He felt it was out of character for Alex to
be aggressive. Mr. Hyde rebutted this conclusion stating in the Spring
of 1990 Alex was identified as the attacker of his dog by his tag number
and the incident was reported to the ACO. Mr. Hyde said he spoke to the
Griffins at that time and they agreed to keep their dog away from the Hyde
property. Later in the Fall of 90 Alex- was again reported on the Hyde
property. In July of 91 , ACO, Dick Cunningham, also reported Alex in the
Hyde yard. He visited the Griffins and asked that the boys not take Alex
by the Hyde house when they were out playing. At the time of the March
14th incident Mr. Hyde siad he believed Alex was not in the boys view at
the time of the attack. Mr. Cunningham was asked for an opinion. Dick
said he corroborated Mr. Hyde ' s statement that Alex was recognized by his
tag during the Spring 90 attack. He also stated that Alex is now easily
recognizable by his gimpy leg resulting from an auto accident. Dick
further stated he has known Alex since he was a pup. While his human
relationships are great, he apparently has something against the Hyde ' s
dog. He felt Mr. Hyde was justified in his complaint and asking for some
relief . He had hoped some compromise was possible. Chairman Machiros
stated both sides seem to have merit. He asked the parties to take a
few minutes to try to resolve the matter. It was moved and seconded
to recess for five minutes . The meeting was reconvened and Chairman
Machiros asked if a compromise had been reached. Both parties stated
that they could not resolve the matter. Mr. Cunningham was asked for a
Selectmen' s Meeting (cont 'd) April 14 , 1992
recommendation. He stated he felt the case had been proven by the
evidence. Alex is harmless with all but the Hyde ' s dog. As no compromise
could be reached, he recommended Alex be restrained. It was moved and
seconded to close the hearing and take the matter under advisement. The
hearing was resumed. Selectman Tevald asked what .type of restraint was
recommended and for what period of time. Mr. Cunningham answered full
restraint and this decision could be reviewed in a period of sixty days .
Selectman Tevald ststed while he disliked total restraint, at this time,
given the facts at hand, he would go along with the order. Chairman
Machrios stated that the Board was torn with the decision. They had
hoped the parties could have resolved the issue. A motion was made and
seconded that an order be written to place Alex under full restraint.
This will mean restraining the dog on the property by means of a suitable
run or enclosure and secured by a leash under the control of someone
able to handle him when off the property. Mr. Griffin was advised that
under Chapter 140 , section 157 , they have the right within ten days to
appeal this decisiosn at the District Court of Newburyport.
A pole hearing was set for May 12th at 7 : 30p.m. regarding the siren
placements for N.H. Yankee.
The meeting was adjourned at 9 : 25p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
April 28 , 1992
Chairman Machiros opened the meeting at 7 : 45p.m. Selectmen
Joseph S. Tevald and Alan I. Adams were present.
The following warrants were signed:
April 14 , 1992 W42 $ 90 , 034 . 68
PW42 86 , 662 . 83
SW16 270 . 90
April 21 , 1992 W43 36 , 144 . 32
PW43 18 ,673 . 38
Selectman Tevald motioned to renominate Angie Machiros as Chairman
of the Board of Selectmen. He commended him for the endless time spent
and the great job he had done in the past and stated, "this kind of
effort is . needed on a continuing basis" . Selectman Adams also
congratulated Angie on his victory. "This show of strength tells us we
have the support of the Town and we must be headed in the right direction" .
Selectman Adams stated he had been upset by some of the comments made
about himself and Selectman Tevald by the other candidates when neither
party had shown enough concern in the past to attend a Board meeting.
Selectman Adams stated the reason the Board works so well is that they
all pull together as a team. He seconded the motion nominating Angie
Selectmen ' s Meeting (Cont 'd) April 28 , 1992
Machiros as Chairman. Selectman Adams also moved that .Joseph Tevald
remain as Clerk of the Board. This motion was seconded by Chairman
Machiros . Chairman Machiros stated he accepted the position with great
pride and thanked the Board for their vote of confidence. He also
stated keeping the Town in the black would not be possible without a
team effort from all Board members, Town departments and committees and
they all shared in his victory.
Approval was given to the Newburyport Water District to install
a new pipeline to improve water pressure to Bittersweet Lane. Any
sections of roadway excavated must be replaced to the satisfaction
of our Highway Surveyor, Phil Osgood.
The Board signed a mutual aid agreement with the Northeast
Merrimack Valley Drug Task Force.
The proposed Richdale Store on Plum Island was discussed. Charlie
Powers, Building Inspector and Zoning Enforcement Officer, reported
he had submitted all requests for licenses and permits to Town Counsel
for a determination. Mr. Powers said he has also received word that a
petition against the licensing of this store was being circulated on
Plum Island. The Board moved and seconded that no action be taken on
these licenses until Counsel ' s decision was received.
Chairman Machiros announced that a meeting had been arranged for
Tuesday, May 12th with Port Engineering, Waste Management (recycling)
Triton and Governor Dummer Academy to research the feasibility and cost
of expanding recycling in the schools. This meeting will be open to the
press and a public informational meeting will be planned for a future
date.
Chairman Machiros reported that the Town is waiting for written
approval from DEP to begin mining at the Landfill . This process is
anticipated to provide an additional four to five years life for the
landfill and a possible savings to the Town of four million dollars.
As always , however, our main concern will be protection of the river and
the environment at all costs.
Installers licenses were reviewed and renewed for Charles C. Rich
Construction and Robert Haynes d/b/a Haynes & Son.
In other business , Selectman Adams asked if any of the Personnel
By-law changes voted at the Annual Town Meeting would require any changes
in the Town' s Personnel Insurance coverage requirements . A review
indicated that no changes were necessary. A motion was made by Selectman
Adams to re-affirm the existing requirements and that the Comprehensive
Personnel Policy pertaining to insurance coverage be recorded in and made
part of the Selectmen' s records . Seconded by Selectman Tevald and voted.
Boston, Massachusetts
The foregoing amendment to the general by-laws adopted under
article 16 of the warrant for the Newbury Annual. Town Fleeting
I held April 21, 1992, is hereby approved.
litY 1
SCOTT IIARS11BARGER
ATTORNEY GENERAL
Anthony V'Penski.
Assistant Attorney General
____J_une..2. .1992 . ___. . _.....__..
ANNUAL TOWN MEETING
TOWN OF NEWBURY
APRIL 21. 1992
RESULTS
THE MEETING WAS CALLED TO ORDER AT 7:10 PM BY THE MODERATOR. RICHARL+ JOY. A
!]UORUM WAS PRESENT.
TIME CALL AND RETURN WERE READ BY THE CLER1,1
ARTICLE :16. MOVED. SECONDED AND VOTED BY UNANV'11:I.I'; V1:11LL 10 !\L'C:V=Pr 1HE AhIEiNDED
BEACH BY-LAW. ARTICLE X. SEC:TION 5 A$ FOLLOW"...
SECTION 5 (AMENDED)
No person. being the owner or k=eper f a .ac,a. shrill nl..lc-w Sal--]
dog to be on any Dart of the Public May 1,`_• aricl
September 19 of each year. from 8e,*50 0,m, t+v 5e;yrJ oamr daily.
all dates inclusive.
The owner or keeper of any dog f.,und cm the r_ublio beach. in
violation of the above BY-Law. may bF charged a Pi.ca-ur.- fee:.
All pickup fees. and other charge.S must be r_:aid bef,:+re, the clog?
is released.
Fees for violation of the BY-Law .shall be:
1st offense $25.00
2nd offense 35.00
3rd & subsequent offense 50.00
fail within one %*soon)
A T4RUCOPY APE
AMA PEI
TOWN CLERK, ._
i
GROUP INSURANCE FOR EMPLOYEES AND RETIREES OF THE TOWN
OF NEWBURY AND THEIR DEPENDENTS
At the Town Election of. March 25, 1967 the following sections
of Chapter 32B were accepted:
Section 10 - Acceptance of Chapter
Section 9A - Town pay 50% of insurance for Retirees
Section 11A- Purchase additional Life & Accident Insurance
SECTION 10 AS VOTED
"Shall certain provisions of Chapter 32B of the G.L. ' s
authorizing any County, City, Town or District to provide a
plan of contributory group life insurance , group accidental
death and dismemberment insurance, and group general or blanket
hospital , surgical , medical ,dental and other health insurance
for certain persons in the service of such County, City, Town
or District and their dependents be accepted by this Town" .
SECTION 9A AS VOTED
"Shall the Town pay one-half the premium costs payable by a
retired employee for group life insurance and for group general
or blanket hospital , surgical, medical , . dental and other health
SECTION 11A AS VOTED
"Shall the Town purchase additional group life and group
accidental death and dismemberment insurance for employees in
accordance with the provisions of Chapter 32B of the General
Laws with no premium contribution by the Town" .
t
At a Town Meeting held on April 21, 1987 the following sections
of Chapter 32B were accepted:
SECTION 7A -- Additional payment for employees and dependents
SECTION 9D-9D 1/2 - Additional payment for surviving spouse
of employee or retired employee
SECTION 9E - Additional payment for life and health of
retirees and their dependents
SECTION 7A AS VOTED
"Shall the Town, in addition to the payment of fifty per
cent of a premium for contributory group life and health
insurance for employees in the service of the Town and their
dependents , pay .a subsidiary or additional rate" .
SECTION 9D AS VOTED
"Shall the Town pay one-half of the premium costs payable
by the surviving spouse of an employee or retired employee for
group general, or blanket hospital , surgical , medical , dental
or other health insurance" .
SECTION 9D 1/2 AS VOTED
"Shall the Town, in addition to the payment of fity per
cent of premium costs payable by the surviving spouse of an
employee or retired employee for group general or blanket
hospital, surgical, medical and other health insurance, pay an
additional or subidiary rate" .
SECTION 9E AS VOTED
"Shall the Town, in addition to the payment of fifty per
cent of a premium for contributory group life, hospital,
surgical, medical , dental and other health insurance for
employees retired from the service of the Town and their
dependents pay a subsidiary or additional rate" .
At a Town Meeting held on April 21 , 1987 the following article
was voted:
ARTICLE #14
To see if the Town will vote to increase its portion of the
premiums it now pays for group life and health insurance for
employees , retired employees , dependents and surviving spouses
of employees or retired employees of the Town from 50% to 75%.
PERSONNEL POLICY AMENDMENT
ELIGIBILITY FOR INSURANCE COVERAGE
Chapter 32B and the Personnel by-law of the Town of Newbury
spells out many, but not all , requirements for insurance
coverage. For purposes of clarification as to who and under
what conditions employees and retirees may be covered, refer to
the following:
"APPROPRIATE PUBLIC AUTHORITY`'- Board of Selectmen
A determination by the appropriate public authority that a
person is eligible for participation in the plan of
insurance shall be final . 32B Sec . 2-A & Sec . D
"EMPLOYEE"
Any person in the service of a government unit who receives
compensation for such service or services whether such
person be employed, appointed, or elected by popular vote,
provided that the duties of such person require no less
than twenty (20) hours regularly in the service of the
governmental unit during the regular work week, and
provided further, that no seasonal or emergency employees
shall be included. Persons elected by popular vote may be
donmidoted 010ibie `4mox*fir 66 d�trin(I th" fttire .term gor
which they are elected regardless of the number of hours
devoted to the service of the governmental unit.
32B Section D
(For definition of Employees refer to Personnel by-law Sec. 2 . 1
Sec . H and 2 . 1 Sec. I sub sec . A & B)
Eligible employees who have been participating in the plan on
either an individual or family basis , are entitled under the
COBRA Federal law of 4/7/86 to certain continuing benefits
after the following qualifying events :
a. 36 months of continued coverage after :
1) Death of the covered employee (benefits continue
for spouses , dependents)
2) Divorce or legal separation (benefits continue
for ex-spouses, dependents)
3) Covered employees become eligible for Medicare
( benefits continue for spouse , dependents)
4) Dependent child loses eligibility due to age
(benefits continue for that child)
It shall be the policy of the Town not to provide continued
benefits , other than to retirees and/or spouses , for any period
longer than prescribed by the COBRA law. The Town may end
these continued benefits only:
C . When the Town as employer no longer provides any group
medical insurance plan to employees , or
d. When the covered employee becomes qualified for any
other group health plan, or eligible for Medicare.
Premium charges for COBRA continuation are required to be paid
at 102% by the employee, 45 days from the date the election
form is signed or within the grace period of 31 days
following. If premiums are not paid within this period,
coverage will terminate.
"RETIREE"
Under terms of certain sections of Chapter 32B which have
been accepted by the Town, an employee Who retires from Town
service at age 65 and who has qualified by a minimum of 10
years of service, shall be eligible for the supplemental group
medical insurance plan (individual option only) . His or her
spouse shall be eligible for supplemenmtal group medical
insurance plan (individual option only) . Upon the death of a
retired covered employee, the Town shall offer continued
supplemental coverage (individual option only) to his or her
surviving spouse if any.
"RETIREMENT PRIOR TO AGE 65"
An employee who retires from service to the Town prior to
age 65 shall be eligible for insurance coverage , either:
1) After 20 years of consecutive service and shall
have reached the age of 55.
2) Over the age of 55 with at least 15 years of
consecutive service.
3) With a medical disability incurred during the
time of employment by the Town and which prevents
further employment at a normal work week of 20
hours or more.
Premium costs for retirees shall be paid by the Town subject to
all applicable Sections of Chapter 32B as approved by vote of
the Town.
Any retired employee (or his or her spouse) who voluntarily and
in writing elects to cease coverage under this plan shall not
be reinstated as a participant in the plan if more than 90 days
have elapsed following the date of the written notice of
election to cease coverage.
il,
"SPECIAL COVERAGE EMPLOYEES"
A. The appropriate Public Authority of the Town has
designated that members of the Board of Selectmen and from time
to time other specified Elected Officials may qualify for Town
payment of premium costs at the same rate as has been
established by vote of the Town. Coverage of costs will apply
only during the employees term of office.
B. Termination - Any official covered under Section A.
will qualify for COBRA coverage when service is terminated for
any reason other than gross misconduct.
C. Retirement - Any official who is retired from Town
service shall qualify for continuation of coverage with payment
of premiums as stated in Section A. providing that he or she
meet all requirements for retirement as may be specified by
Sections of Chapter 32B MGL, the Essex County Retirement
System, and appropriate sections of the Personnel Policy
Amendment. Said covered officials are not required to be
members of the E.C.R. S . System providing other requirements
are met.
��f
S e p t e m b e r 1 7 , 1 9 8 8
U N I T E D S T A T E S O F A M E R I C A
# N U C L E A R R E G U L A T O R Y C O M M I S S I O N
b e f o r e t h e
A T O M I C S A F E T Y A N D L I C E N S I N G B O A R D
- I n t h e M a t t e r o f )
P U B L I C S E R V I C E C O M P A N Y O F ) D o c k e t N o s . 5 0 - 4 4 3 - O L - 1
N E W H A M P S H I R E , e t a l . ) 5 0 - 4 4 4 - O L - 1
( O n - S i t e E m e r g e n c y
( S e a b r o o k S t a t i o n , U n i t s 1 a n d 2 ) ) P l a n n i n g a n d S a f e t y
I s s u e s )
v )
f A F F I D A V I T O F K A R I L D . K R Y T E R
e
I , K a r l D . K r y t e r , b e i n g o n o a t h , d e p o s e a n d s a y a s
f o l l o w s :
1 . I h a v e a P h . D . d e g r e e f r o m t h e U n i v e r s i t y o f
R o c h e s t e r i n p s y c h o l o g y a n d p h y s i o l o g y . I h a v e b e e n e n g a g e d
i n a n d d i r e c t e d r e s e a r c h o n t h e e f f e c t s o f s o u n d a n d n o i s e o n
h e a r i n g a n d h u m a n b e h a v i o r a t H a r v a r d U n i v e r s i t y , B o l t ,
B e r a n e k a n d N e w m a n , I n c . , S t a n f o r d R e s e a r c h I n s t i t u t e a n d a t
p r e s e n t a m a s t a f f s c i e n t i s t a t S R I I n t e r n a t i o n a l . A
s t a t e m e n t o f m y p r o f e s s i o n a l q u a l i f i c a t i o n s i s a t t a c h e d
h e r e t o a n d m a r k e d " A " .
2. I have served on and have been chairmen of
�. committees and working groups of the National Academy of
Science, the American and International Standards
Organizations, the U.S. Environmental Protection Agency and
the World Health Organization. These groups and committees
I
have been concerned with specifying guidelines and standards
for the protection of hearing and exposure to intense sound '
and noise. I have conducted and published a number of
„= research studies on temporary and permanent hearing loss from
exposure to sounds and noise. I am author of the books: "The
`W Effects of Noise on Man", 1st Edition, 1970, 2nd Edition,
1985, Academic Press, (New York and London) . These books
were sponsored by the Office of Naval Research, Surgeon
c
General of the Army, National Aeronautics and Space
Administration and the Department of Transportation.
3. The purpose of this affidavit is to address
allegations in Contention A.7 regarding hearing damage from
siren operation.
4. The effects of noise on hearing may be measured
in terms of temporary or permanent changes in hearing
sensitivity.
1
_2_
b::
5. Temporary auditory fatigue, or threshold shift
in hearing sensitivity, from exposure to sound is evidenced
by the increase in intensity (volume) required to make
audiometer test tones barely audible in the absolute quiet
after, as compared to before, exposure to the intense sound.
It is standard practice to measure the required decibel, dB,
increase, if any, 2 minutes after cessation of the exposure.
The result is called TTS2 and is a standard method of
expressing temporary threshold shift in hearing.
6. The second measured effect of noise on hearing
is the noise induced permanent threshold shift, NIPTS, that
�- occurs to pure-tone hearing sensitivity in the quiet as the
result of long-term exposure to intense sound and noises.
at .) The basis for these results come from threshold measurements
made, for the most part, on men who have been exposed to
noise in industrial environments and the military services.
Technical standards and guidelines have been developed on the
basis of NIPTS data that specify the apparent risks to
hearing from exposure to occupational noises. In general,
NIPTS is the result of chronic, i.e. , long term, exposures.
7. I have been requested to compare, in terms of
TTS2 and NIPTS, two siren systems with the following
characteristics:
-3-
_ Siren System I Siren System II
Maximum sound
level received:
123 dB - 134 dB at 100 ft. (2)
1000 Hz 550 Hz
Non-rotating Rotating 2.,5 times per minute
Siren 20 feet above listener (2)
Duration of sound 3/1.5 Three minutes duration of sound
Minutes (1)
(1) Three minute duration per NUREG-0654. One and a
'- half minute duration per BBN 4100.
(2) This system will result in a maximum sound level
received of 131 dB per Louis Sutherland's
affidavit.
e 8. An exposure to either siren system would not be
expected to cause any permanent hearing damage (NIPTS) .
9. The temporary threshold shift (TTS2) for
the average listener from an exposure to Siren System I
® would be about 18 dB/12 dB. This temporary hearing loss
would be perceived as minor and last only for a
-4-
short time. There would be no TTS2 effect expected from exposui e t►i ►i i u
System II.
3'
as
Karl D. Kryter
The above subscribed Karl D. Kryter appeared before me and
made oath that he had read the foregoing affidavit and that the statements
set forth therein are true to the best of his knowledge.
Before me.
-s
Notary Public
My Commission Expires-
• OFFICIAL SEAL
o John Alexander Chambers
No1ary Public Caarornia
PrinCipa1 ONiCe In
San DwW County
♦ My Comm E■p. Nov 9 1988 Z
/Q ll�l'l
• Kryter Attachment A, 1 of 8
T
Karl D. Kryter
Staff Scientist, 19797Bio-engineering Division
SRI International
�°- Menlo Park, CA 94025
-" SPECIALIZED PROFESSIONAL COMPETENCE
Psychological-physiological effects of noise on humans;
physical methods for measurement and evaluation of
noise;. basis research on audition and speech
communication
PROFESSIONAL EXPERIENCE
-" Director, Sensory Sciences Research Center, SRI
Head, Psychoacoustics Department, Bolt, Beranek and
Newman, Inc.
Director, Human Resources Laboratories, U.S. Air Force
Assistant professor of psychology, Washington University
�- Research and teaching fellow, Harvard University
TECHNICAL COMMITTEES
President's Office of Science and Technology: Panel on
Aviation
—/ U.S. Environmental Protection Agency (EPA) : preparation
of levels document
World Health Organization (WHO) : participant in
conference on aviation and other environmental
noises; documents on noise criteria
Committee on Hearing and Bioacoustics of the National
Academy of Sciences (member; past chairman,
Executive Council) : Working Groups on Aircraft
and Community Noise and on Hearing Loss
American National Standards Institute (chairman,
Committee on Bio-acoustics)
International Standards Organization: standards on
xs aviation noise and on speech communication
Committee A-21, Aircraft Noise, Society of
— Automotive Engineers
Organization and participant in Scientific Congress
on Noise and Public Health: Washington, D.C. ;
_ Dubronik, Yugoslavia; Turin, Italy; Freiburg,
Germany
ACADEMIC BACKGROUND
B.A. (1937) , Psychology, Butler University; Ph.D.
(1942) , Psychology and Physiology, University of
Rochester
6 PUBLICATIONS
Kryter Attachment A, 2 of 8
Numerous research papers in scientific and technical
journals and government reports; The Effects of Noise on
Man (Academic Press, 2nd. Ed. 1985)
PROFESSIONAL ASSOCIATIONS AND HONORS
Acoustical Society of America (fellow; former
president) ; American Association for the Advancement of
Science (fellow) ; American Psychological Association
(fellow; Council of Representatives) ; British Acoustical
Society; Human Factors Society of America (fellow) ;
Society of Engineering Psychologists (fellow; former
president) ; Franklin V. Taylor Award, Engineering
Psychology (1973) ; Medal of the University of Ledge,
Belgium (1974) ; Distinguished Service Award in Science,
American Speech and Hearing Association (1975)
_a.
-2-
Selectmen' s Meeting (cont'd) April 28 , 1992
The meeting was adjourned at 8 : 20p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
May 12, 1992
At 7 : 45p.m. the legal notice for the public hearing being held on
the petition of NH Yankee for permission to erect six siren poles and
install an emergency communication system was read by Chairman Machiros .
Tear sheets and receipts of notices to abutters were presented. Chairman
Machiros asked if anyone wished to speak for or against these petitions.
Paul Daubitz of Annapolis Way, an opponent of Seabrook, spoke against the
sirens and proposed that NHY provide the Town with a monitoring system
equivalent to the one used at Seabrook. William Pearson of the Board of
Fire Engineers expressed his concern about the location of pole #NB06
which would be near the school on Church St. MIchael Lewis of NHY stated
that according to an OSHA study, the children would only be exposed 12
seconds as the siren rotates and they would not be harmed by the sirens .
The Selectmen requested a copy of this OSHA report from NHY for their
records . Tom Rodgers of 15 Church Street also spoke against this pole
location due to the proximity of the siren pole to his house. HE asked
why it could not be located behind the fire station. Les Jones of
40 Fordham Way stated he was unhappy with the placement of pole #NBO1 on
Sunset Drive for aesthetic reasons. Chief Merry, Civil Defense Director,
and Mr. Lewis both reported that the sites had been carefully chosen to
provide maximum coverage with minimum impact to abutters . Mr. Lewis said
he didn 't know if the poles could be effectively relocated but the
possibility would be investigated and the outcome reported to the Selectmen.
It was moved and seconded that the hearing be closed and the matter be
taken under advisement. The hearing resumed and Selectman Adams moved
that all the petitions be granted with the provision that NHY investigate
the feasibility of relocating pole NBO1 and NB06 and report their findings
to the Board. If a more suitable location for either of these poles can
be found, the permits will be granted for the new locations. Selectman
Tevald seconded the motion. The Board directed NHY to conduct a re-eval-
uation of the locations of siren poles NB01 and NB06 . The options to be
researched for pole NBO1 on Plum Island were the Town parking lot off
Olga Way and along Plum Island Boulevard. The option for pole NB06 was
the area behind the Byfield Fire Station. The hearing was closed at 8 : 20pm.
The following warrants were signed by the Selectmen:
April 28 , 1992 W44 $181 , 552 . 94
PW44 87 , 170 . 72
May 5, 1992 W45 61 ,645 . 26
PW45 20,067 . 79
Selectmen' s Meeting (cont'd) May 12 , 1992
Chairman Machiros spoke about the opening of the Town Beach to
Refuge visitors . Funding for extra security and lifeguards had been
promised the Town at the negotiations held prior to the agreement. To
date no funds had been received. Therefore, the Board unanimously agreed
the beach not be opened and Mr. Filio at the Refuge be duly notified.
Mr. & Mrs. Cyr and a small group of P. I, residents who attended the
meeting to protest the beach opening said they were happy with this
decision. The Board accepted a signed petition signifying opposition
to the beach opening from Harry Winslow.
Licenses were reviewed and renewed for the following:
Gifts Etc. - Norman Beckman d/b/a Norbeck Sterling
Milk, Crafts and Gifts - Tendercrop Farm
Gifts Etc. - Richard T. Joy d/b/a Joy Sales in Barn
A new license was issued to Songsuk and James Daw d/a/b Newbury
Convenience Store at 72 Newburyport Turnpike for the sale of dairy
products and convenience store items .
A special permit #6 for the sale of alcoholic beverages for Protection
Fire Co. #2 for Saturday, May 16th from 5p.m. to midnight was approved.
The fee was waived.
Requests were approved for the use of the Lower Green by Homespun
Treasures 5th Annual Summer Tour and Sale on Saturday, June 20th and use
of the Newbury Landing by the Trustees of the Reservation for their
annual canoe trip, September 27th.
Request from Essex County Gas Co. to open and excavate 38-40 Parker
St. for the purpose of renewing the gas service was approved. However,
the permit will be held until Mr. Searle can be reached about the proper
closing of these excavations .
On the recommendation of the Town Clerk, Donald Gravelle of Hay St.
was appointed as a Registrar of Voters.
A request from Protection Fire Co. #2 for use of the Upper Green
for their 50th Anniversary celebration on August 8th was approved. All
fees were waived.
Chairman Machiros showed a drawing of a proposed town crest which
had been presented to him anonymously by a citizen interested in renewing
a program to develop a crest for the Town of Newbury. This was suggested
in 1985 when Newbury, England presented the Town with their Crest. Chair-
man Machiros said he would like to see the program rejuvenated and hoped
that some interest could be generated to develop such a crest for the
Town.
A letter from Byrl Leonard was read protesting the building of a
Selectmen' s Meeting (cont'd) May 12 , 1992
new house on Southern Blvd. Charlie Powers was asked to address Mr.
Leonard' s concerns. Mr. Powers stated that the owner, Mr. Williamson,
had met all requirements of the State and Conservation Commission and
had received a building permit. Paul Daubitz questioned the use of
pressure treated pilings which are treated with arsenic. Both Selectman
Adams and Tevald agreed that the quantities are minute and contained and
these pilings are approved by the EPA. The Board agreed they would
not overturn a building permit on conjecture. Chairman Machiros noted
for the record that the point of pressure treated wood had been
brought to Mr. Powers attention.
A petition was received in opposition to the opening of a Richdale
Store where the P. I . Eatery is now located. Mr. Powers stated he had
notified the Richdale people that this would not be a permitted use and
he had not had a reply from them. `
The meeting adjourned at 9 : 15 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
May 26 , 1992
Chairman Machiros opened the meeting at 7 : 45 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed:
May 12 , 1992 W46 $423 , 407 . 53
W46A 1 ,108 . 45
PW46 82 , 759 . 24
SW17 75 . 57
May 19 , 1992 W47 26,858 . 74
PW47 18 , 135 . 07
A hearing date was set for June 9th at 7 : 30p.m. for the transfer
of a liquor license from Gloria Merola d/b/a Beachcomber to R.E.P d/b/a
Beachcomber. Mr. Pruneau, new owner/manager of the Beachcomber stated
he would also at that time request a limited entertainment license,
which would allow the restaurant to have a jukebox, paino player, guitarist,
comic, etc. No live bands . He asked that he be judged on his tract record
over the past two years and not on the performance of the former owners .
Chairman Machiros asked Chief Merry to investigate and prepare a report
for the meeting of the 9th. For the record, Chairman Machiros suggested
Mr. Pruneau speak to his abutters personally about the changes he
envisioned for his restaurant.
A letter from the Fish Commissioners was read requesting a hearing
date be set for alleged violations of the Clamming Regulations . The
hearing was set for June 9th at 8 : 15 p.m. It was moved and seconded that
Selectmen' s Meeting (cont 'd) May 26 , 1992
the notices to the alleged violators would be delivered in hand by
Constable, Richard Cunningham.
Philip Osgood, Highway Superintendent, notified the Board that
Thurlow' s Bridge had been closed to vehicular traffic, from the Bridge
to Governor Dummer, due to structural failure. Fire, Police, Ambulance,
Schools and buses had been notified. Mr. Osgood would be meeting with
the State DPW to discuss possible funding and availability of supplies .
Chairman Machiros requested that the Board and Finance Committee be
made aware of all expenses for budgeting purposes .
Chief Merry presented the re-evaluation of the location of poles
NBO1 and NB06 . While the optional location of pole NB06 , behind the
Byfield Fire Station, produced an acceptable coverage contour, it would
orient the sirens closer to the school playground area and less that 100
feet from an existing residential structure. Also, winter access to this
location could be a problem. This proposed location was not recommended.
On this evaluation, the Board moved and seconded that the pole would be
located at the original approved site on Church Street. The options
for pole NB01 would also provide adequate coverage. Option 1 off Olga
Way would place several residential structures closer to the sirens
and was therefore deemed undesireable. The second option on P. I. Blvd.
at the old site of the siren pole would affect approximately 30 abutters
and due to the erection of a chain link fence, the new pole would have to
be placed in the parking area, causing greater visual impact. A third
option was proposed, on Town property, along P. I . Turnpike, east of the
Bridge. This location would not affect any residences and would still
produce acceptable coverage of Plum Island. the Board directed Chief
Merry and Mr. Lewis of NHY to mark the proposed area for inspection. As
no abutters would be affected, this new site for pole NBO1 was approved
pending visual evaluation by the Board.
Two special one day permits for the sale of alcoholic beverages were
approved. The first for the Women' s Crisis Center fund raiser on June 27th
from 7p.m. to midnight and the second for the American Red Cross on
June 18th from 6p.m. to midnight.
Robert Owen of West Newbury was denied a mobile vendor ' s license
due to the 300 foot buffer ruling in the Hawkers and Peddlars
Regulations .
It was moved and seconded that Ross Lane ' s resignation as Police
Dispatcher be accepted.
Use of the Upper Green Softball field was approved for Saturday,
June 20th from 2-5p.m. for the Delaney Family.
Use of the Upper Green was approved for the First Parish Church
Sunday School picnic on Sunday, JUne 7th from 9 : 30a.m. to 2 : 30 p.m.
Selectmen' s Meeting (cont'd) May 26 , 1992
A permit was approved for Essex County Gas Co. to open and excavate
#1 Lunt Street to retire a gas service.
On the recommendation of Chief Merry the following persons were
appointed as lifeguards for the ' 92 season.
Full time - Dana Atherton, Peter Hursty, Shane Smith, James O'Hara
Stephen Spanger, Patrick Sessions, Liana Magner, Jodi Murphy, Jason
Ryder, Chris Sarney and Emily Hopping.
Part time - Michelle Gagnon, William Carter, Sandy Sarney, and
Marc DiMattia.
On the recommendation of Michael Tracy, Director of the Newbury
Recreation Program, the following persons were appointed as counselors
for the Summer ' 9 2 :
Lia Haley, Eric Prussman and Daniel Balkus .
On the recommendation of Ryeburn Lynch, Chairman of the Council on
Aging, the following persons were appointed to the Council on Aging for
FY93 : Grace Daly, Cynthia Dennis, Ronald Filmore, F. Ryeburn Lynch,
Mary Hudson, Archie Manoogian, Hazel Potter, Desiree Rogers , Mary Rogers ,
Elizabeth Sayers , and Dorothy Williams .
The Board also appointed David W. Foley Jr. to the Mass Audubon
Citizen Advisory Committeer and Phil Kimball to the Parker River
Advisory Committee.
Dick Cunningham, ACO, advised the Board that he would like to meet
with both the lifeguards and the counselors for the Recreation Program
regarding the new beach by-law to explain the proper handling of any dogs
that may be a problem to them. He also inquired if the Board of Health
had received any notification from the State regarding rabies . He advised
the Board that Newbury is not in the "hot zone" yet but the State is
trying to legislate mandatory vacinations for all dogs and cats on the
premise that rabies is heading our way. Dick said he felt the news
media had blown the news all out of proportion, but he felt the
Board should be aware of the potential problem.
The meeting adjourned at 8 : 20p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
June 9 , 1992
Chairman Machiros opened the meeting at 7 : 30p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present. It was moved and
seconded to hold the minutes of the last meeting until the end of the
meeting.
Selectmen' s Meeting (cont'd) June 9 , 1992
The notice of the hearing for the transfer of a liquor license from
Gloria Merola d/b/a Beachcomber to Richard E. Pruneau d/b/a Beachcomber
was read. Mr. Pruneau stated he was also applying at this time for a
limited entertainment license in donjunction with this transfer. Chairman
Machiros advised Mr. Pruneau that the hearing would be informal . He
could present his proposed plans and his abutters would be allowed to
ask questions . Mr. Pruneau stated he had been operating the Beachcomber
on a lease/purchase agreement for approximately two years and felt he
had improved the place substantially. In an attempt to increase business
and make the restaurant a place that would be enjoyed by local customers,
he wished to have some kind of limited entertainment such as a jukebox,
piano, guitarist, comic, etc.-no big noisy bands . Any extra money earned
in this venture would be reinvested in the restaurant for improvements such
as soundproofing the ceiling. Tim Leonard of 25 P.I. Boulevard stated that
noise was his biggest concern. He suggested the wall of the restaurant
on his side could be closed down and soundproofed and possibly adding
storm windows might contain some of the noise. Mr. Jaskolka, an abutter,
said he felt that now that the music is out it should be kept out.
Mr. Villane, Mrs . Atchue, Ms . Cucurullo and several out of towners spoke
for Mr. Pruneau who they agreed has done a great job making the restaurant
a nice place for families. They all felt he should be given a chance
to try a limited entertainment license. A signed petition was also
presented in favor of limited entertainment. Chief Merry reported that he
had received only one complaint in the past two years , however he did have
concerns about allowing entertainment because of the location of the
restaurant which offers no buffer to the abutters making it very difficult
for his officers to determine when and if a violation occurs. Chairman
Machiros stated that if safeguards such as soundproofing could be put in
place prior to licensing, the Board would entertain granting a limited
entertainment license. Under present conditions, however, the liquor licens(
could only be transferred with the same restriction, "no entertainment
allowed" . Mr. Pruneau stated he did not have the funds available to put
all the safeguards in place immediately, He could soundproof the one
wall mentioned and install storm windows and keep the doors shut, but he
could not do the ceiling at this time. Chairman Machiros asked Mr. Pruneau
if - he wished to accept the restricted license or withdraw without prejudice.
The Board moved and seconded to take a five minute recess to give Mr.
Pruneau a chance to consider his options . The meeting reconvened. Mr.
Pruneau was asked for his decision - would he take the license with the
restrictions now and later apply for a limited entertainment license
or withdraw his application without prejudice and return at a later date
to apply for a license without this restriction. Mr. Pruneau stated he
would accept the license with the restriction. It was moved and seconded
to close the hearing and take the matter under advisement. The hearing was
reopened and the license granted with the restriction "no entertainment" .
The Board agreed that Mr. Pruneau could return at the next meeting to be
heard on the entertainment license. The hearing was closed at 8 : 40 p.m.
At 8 : 40 p.m. a hearing on the alleged violations of the Clam Regu-
lations 92/93 was opened. Chairman Machiros asked that all persons wishing
Selectmen' s Meeting (cont'd) June 9, 1992
to testify please stand and be sworn in by the Town Clerk, Marcia Peirce.
The Board asked if there were any attorneys present to speak on behalf of
the alleged violators . None were present. The four gentlemen charged with
the alleged violations stated they would speak on their own behalf.
Chairman Machiros read the notices of the alleged violations from the
Fish Commissioners to Sean Pearson, Roger Thistlweood, John McNutt and
Richard Kent. Charles Colby, Deputy Shellfish Constable, was asked to
report on the charges against John MacNutt. Mr. Colby testified that
on April 2 , 1992 Mr. MacNutt rode to the clamming beds with Paul Thistle-
wood to clam the morning tide. This was confirmed by Paul Thistlewood.
On the evening tide Mr. MacNutt was witnessed by Pete Thistlewood walking
from Parking Lot #2 to the clamming area with his gear (buckets and bags ) .
This was confirmed by Pete Thistlewood. Mr. MacNutt denied he clammed the
second tide. Chairman Machiros asked Mr. MacNutt if he had read and
understood the clamming regulations. MacNutt stated he did. Chairman
Machiros asked Mr. MacNutt if he had any questions of the Board of the
Fish Commissioners. MacNutt stated he had no questions. Mr. Colby
reported on the charges alleged against Sean Pearson and Roger Thistlewood.
He stated on May 15, 1992 , Mr. Pearson and Mr. Thistlewood were observed
unloading their clams at the landing area in the morning. That evening
(May 15 ) Mr. Colby and Dave Foley, while checking on the diggers , spotted
Mr. Pearson & Mr. Thistlewood, through binoculars , clamming about mile out
on .the flats . Lt. Frappier, Special Investigative Officer for the Fish
Commissioners was not on duty that evening so Mr. Colby contacted the
Refuge Police. They confronted Pearson and Thistlewood, who each had
tow bags plus 2 a pail of clam dug. It was reported by Mr. Colby that
they admitted they had "screwed up and were caught" . They were advised to
leave the clams and go home. Mr. Colby returned to retrieve the clams
the next morning and they were gone. Mr. Colby stated Mr. Pearson had
offered him a bribe of clams to forget he had seen them. Mr. Pearson
and Mr. Thistlewood said they were just joking around. Mr. Foley corrob-
orated Mr. Colby' s testimony. Mr. Pearson was asked to answer the charges .
He stated he and Mr. Thistlewood had walked out about a mile to clam that
evening but they were only digging for their own consumption. Chairman
Machiros asked if Mr. Colby had advised his of the violation. Mr.
Pearson stated he had been advised. Mr. Thistlewood agreed with Mr.
Pearson' s statements and also claimed he was just clamming that evening for
his own use. Chairman Machiros asked both gentlemen if they were aware
of the regulations and did they realize they could be in violation by
clamming the second tide. Mr. Pearson admitted he was so aware but stated,
"last years limit was violated all the time and no noe made any charges" .
Chairman Machiros asked Mr. Pearson and Mr. Thistlewood if they had any
questions of the Board or of the Fish Commissioners. Both stated they did
not. Mr. Colby' s last report was on the alleged violation of Chapter II
against Richard Kent. Mr. Colby stated that on May 23, 1992 , he and Dave
Foley were spot checking the clammers . They stopped Mr. Kent and asked
to check his clams . Any parcel with more than 5% undersized clams would
be confiscated as Town property. The first pail they checked had 25 out
of 85 undersized clams and all the other parcels had more than 5% small
Selectmen' s Meeting (cont 'd) June 9 , 1992
clams . Mr. Kent stated to them that they would all be the same as he had
taken them all from the same area. The clams were sorted by size and
placed into a lobster tank. The small ones to be replanted and the big
clams sold and the check turned over to the Town. Mr. Kent was advised
that a State ticket would be issued. Mr. Kent would not sign for the
ticket, so he was advised that it would be mailed to him and a hearing
would be held by the Town. Mr. Kent testified that Mr. Colby did not
identify himself as a Shellfish Constable with a badge or ID card. He
stated he wasn't digging small clams intentionally but had been on
medication and his eyesight was impaired and he did not realize the clams
were as small as they were. Chairman Machiros said he was sorry about
his medical problems but as a commercial clammer he was responsible for
abiding by the regulations. Mr. Kent acknowledged he was aware of the
Clamming Regulations. H. Verne Noyes III, Fish Commissioner stated that
copies of the regulations were passed out with each application for a
commercial license. One small change had been made in the final document,
adding the words "or both" to Chapter XI (penalties and violations ) .
Chairman Machiros asked if Mr. Kent or any one else had any questions
of the Board or of the Fish Commissioners . There were no questions . It
was moved and seconded that the hearing be closed and the matter taken
under advisement. The hearing was reopened. The Board asked for a
recommendation from the Fish Commissioners . Mr. Noyes stated that the
Fish Commissioners in view of the facts presented this evening recommended
the licenses of Sean Pearson, Roger Thistlewood, John MacNutt and Richard
Kent be suspended for a period of thirty working days as defined in
Chapter XI of the Clamming Regulations . It was moved .and seconded to
accept the recommendation of the Fish Commissioners . Selectman Adams
abstained from the vote. The recommendation of 30 working days
suspension shall stand. Mr. Noyes was asked to advise the Board when .the
suspensions are completed. Mr. Pearson, Thistlewood, MacNutt and Kent were
all advised that this decision could be appealed within ten days from this
date at the Newburyport District Court. The hearing was closed at 9 : 45pm.
On the recommendation of the. Fish Commissioners , the clam flats will
be open on Sunday, June 14th and Monday, June 15th.
Representative Tom Palumbo spoke to the Selectmen regarding the
recent House Session and the State Budget. He advised them of the changes
voted on School Choice, Municipal Overlay Account and Indexing the Local
Levy Limit. He also presented the Board with copies of the current
Cherry Sheet.
Mr. Rob Goldman, Director of Mass Audubon North Shore spoke to the
Board on a proposed "regional on-site septic management system and
presented a short slide show. The Board advised Mr. Goldman they were very
interested in the proposed program but they had to be very careful of
people ' s rights and they felt some form of home rule was needed in this
proposed regional system. Mr. Goldman will keep the Town advised of
meetings and developments.
Selectmen' s Meeting (cont 'd) June 9 , 1992
Robert Lake of 94 Northern Blvd. issued a complaint against John
Van Loan who has a large sign on his building at 41 P. I. Tpke. Mr. Powers
will be asked for a report on his progress with this complaint at the next
meeting.
Chief Merry recommended erecting a warning sign on Thurlow' s Bridge
in light of the recent accident there and also on other bridges in Town.
The Board agreed that Thurlow' s Bridge be posted immediately and the
others ASAP.
The Board acknowledged their deep appreciation of the time and efforts
spent by Ruth Yesair and her staff on the Ham &Bean Supper on June 7th.
The warrant was signed for the Special Town Meeting to be held on
Tuesday, June 23 , 1992 for the purpose fo transferring funds .
Three one-day special permits for the sale of alcoholic beverages
were approved for the Grog Shop for June 19 , 20, and 21 . Events to be
held at the Newbury Perennial Gardens .
A permit was appproved for Essex County Gas Co. to install a
magnesium anode on the pipeline at 7 Chute Street.
A request from the Byfield Fire Dept. was approved to close a
portion of Central St. from the Post Office to Lunt St. from noon to llp.m.
on June 20th for the purpose of their Annual Chicken Barbeque.
A request for use of the Upper Green was approved for the Historical
Society of Old Newbury for Saturday, September 26 from 7 : 30a.m. to 5p.m.
for their annual county auction.
A request was approved for use of the Upper Green by the P. I. Mothers
Association on August 22 from 9a.m. to 3p.m. (raindate Aug. 29th) for
their annual flea market.
On the recommendation of the Harbormaster, the following were re-
appointed: Harbormaster-Donald Rowell , Deputy-Andrew Avelis Sr. and Roger
Merry, Assistants-Andrew Avelis Jr. , James Rambus, Brendan Stokes and
Alfred Thurlow.
The following warrants were signed by the Selectmen:
May 26 , 1992 W48 $142 , 118 . 98
PW48 90 ,827 . 74
SW18 96 . 53
June 2 , 1992 W49 32 ,208 . 66
PW49 20 ,579 . 85
The meeting was adjourned at 10 : 45p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
June 23 , 1992
Chairman Machiros opened the meeting at 7 : 55p.m. Selectmen
Joseph S. Tevald and Alan I. Adams were present.
The following warrants were signed:
June 9 , 1992 W50 $123 ,926 . 68
PW50 87 ,945 . 85
June 16, 1992 W51 53 ,503 . 98
PW51 27 , 320 .89
SW19 446 .03
SW20 11 . 88
Mrs . SongSuk Daw of 10 Hanover Drive requested a hearing be set on
her application for a Wine and Malt Beverage License for the Newbury
Convenience Store, 72 Neaburyport Turnpike. The Board set the hearing
for July 14th at 7 : 30p.m.
A dog complaint from Anne Martin, 3 Bayview Lane against a dog owned
by Kathy Allen of 16 Old Pine Island Road was read and a hearing date set
for July 14th at 8p.m.
On the recommendation of Michael Tracy, Jason Romano and Kristin
Reardon were appointed as counselors for the summer recreation program.
Mr. Tracy was advised that his counselors must have a physical and be
sworn in prior to commencement of the program on July 6th.
At 8p.m. a Public Hearing was held on the petition of Mass Electric
Plan #637, dated May 21 , 1992 , to locate a new pole #9/47 on Orchard St.
adjacent to property owned by the Commonwealth of Mass . and plan #638 ,
dated May 21 , 1992 , to locate a four inch duct across Middle Rd. from
pole #144 in the area of Governor Dummer Academy. No spoke in ipposition.
Mr. Abe Hosser of Mass Electric spoke in favor. Selectman Adams moved the
hearing be closed and the matter taken under advisement. The hearing was
reopened and the Board unanimously granted the petitions as presented.
Richard Pruneau appeared before the Board to continue his request
for a limited entertainment license for the Beachcomber Restaurant.
Chairman Machiros advised his that as the paper work had not been
processed for the transfer of the liquor license, it would stand with
the current restrictions in Mrs. Merola ' s name. A new hearing would
have to be set to remove these restrictions and a proposal showing how
Mr. Pruneau planned to curtail the noise level would be needed. Mr.
Pruneau stated he had been working diligently on the noise problem by
changing windows and installing a solid door and was asking for a three
month trial on entertainment. Selectman Adams stated in his 24 years on the
Board he found entertainment always presented a problem for eating
establishments , especially in .a residential area. Chairman Machiros, for
the record, withdrew from the discussions and any subsequent hearings .
Selectman Tevald stated he might be willing to allow a jukebox with
strict volume control as a first step, but no live entertainment at
Selectmen' s Meeting (cont'd) June 23 , 1992
this juncture. A petition had been presented in support of Pruneau' s
'request. However, Selectman Tevald noted for the record that very few
names were P. I . or Newbury residents . Selectman Adams stated while he '
realized Mr. Pruneau was trying to increase business, he did not feel
this was the type area that warrants entertainment - good food and family
dining will make it a place people frequent. He said he might be
willing to grant a jukebox only. Chief Merry siad the problem with the
previous owner was they turned the volume way up on the jukebox. While
he did not see this problem happening with Mr. Pruneau, the noise level
on a jukebox is a lot easier to control than live entertainment which is
always loud. The question is how much will the abutters tolerate
before the complaints start. Selectman Adams upon hearing the Chief ' s
statement, withdrew his recommendation for a jukebox. He sait "it is
just a bad location and it will only come back to haunt the Town" . ,r/
Pruneau stated the Beachcomber will not survive without this license.
and the Board will be responsible for its failure. Selectman Adams
reiterated, entertainment will not make the place good - family eating
will do it and the Selectmen should not be held. accountable for failure.
It was moved and seconded to appoint Richard Joy to the School
Building Committee and Richar True to the Parker River Advisory Committee.
Chief Merry presented a list of recommendations for appointment to the
Police Department. All were approved. All other appointments will be
rolled over and are on file in the Selectmen' s Office.
Chairman Machiros appealed to the citizens of Newbury to volunteer
for a recycling committee to work with the Landfill Engineers and the
Board of Health to intensify our recycling program before the reopening
of schools. A minimum of six people would be needed who could commit
a little time preferably during the day.
Dick Cunningham questioned his last years appointment as ACO.
He was appointed for a one year term and expected three years. It was
agreed to make this appointment for a three year period.
The meeting was adjourned at 8 : 50p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
July 14, 1992
The meeting was opened at 7 : 40p.m. for the purpose of holding a
public hearing on the application of Song Suk Daw d/b/a Newbury
Convenience Store, for a Wine and Mal+e Beverage license. Due to an error
in the news , it was moved by Selectman Adams and seconded by Selectman
Tevald to adjourn the hearing and reopen at 8p.m. , the time printed in
Selectmen' s Meeting (cont 'd) July 14 , 1992
the Daily News Legal Notice. At 8p.m the hearing was reopened. Song .
Suk and James Daw were present. Receipts of notices to abutters were
presented to the Board. Speaking in opposition - no one. Speaking in
favor - James Daw, 10 Hanover Dr. Mrs . Daw was asked why she was
requesting this license. She stated she felt it would help her to
establish and increase her business as a convenience to her customers.
She stated her current hours of operation were 6 : 30a.m. to 9 : 30p.m.
Deputy Chief, Andrew Avelis Jr, stated the Police had no objection to
the issuance of this license. It was moved and seconded to close the
hearing and take the matter under advisement. The hearing was reopened
and it was voted unanimously that the Wine and Malt Beverage License
be granted with a closing limit of 10p.m. , subject to the approval of
the Alcoholic Beverage Control Commission.
At 8 : 10p.m. in accordance with the provisions of General Laws T.E.
Chapter 140, section 157 , a complaint issued by Anne Martin, 3 Bayview
Lane against dogs owned by Kathy Allen, 16 Old Pine Island Road was read.
All parties wishing to testify were sworn to tell the truth by Town
Clerk, Marcia Peirce. Mrs. Martin, the complaintant, testified that
while walking her dog on High Road, Ms. Allens two dogs charge across
the road, barking and chasing her dog who is leashed. She said she
purposely crosses the road to avoid them and while she knows Ms . Allens
dogs are gentle with people,she feels endangered while trying to
seperate her dog from the Allen dogs. She feels she should be able to
walk on High Road without feeling threatened by these dogs. Theresa
Ayotte, 209 High Road, testified that the All dogs are very gentle
but they do chase Mrs. Martin' s dog. The Board asked Mrs. Martin if she
had discussed. the problem with Ms . Allen. She stated, "yes, once, and
whenever the ACO has been notified the situation stops for a time" . Kathy
Allen stated her dogs are very gentle. Snooker is getting old and is
sick and the little one, Kusha, is afraid of people and stays close by
Snooker. She stated she had had more than one call from Mrs. Martin
but did not know who she was until the complaint had been issued. Mrs .
Elizabeth Allen (mother-in-law) , 199 High Road stated the dogs visit
her house through the yards from their Old Pine Island Road home. They
are very protective of her property and do bark and chase other dogs
who come near the area. If spoken to sternly, they will turn tail and
go home. Mrs. Martin agreed that the dogs are gentle with people and the
three dogs even play together in her yard on Bayview Lane. However, dogs
are territorial and the problem is being able to walk on High Road near
the Allen property without feeling threatened by a pending dog fight.
ACO, Dick Cunningham, was asked for a statement. He said Mrs . Martin is
correct in her statement that dogs are territorial animals . He had a
few complaints in the past and whenever he has spoken to Ms. Allen the
problem is teken care of for awhile. He did agree that Mrs . Martin has
a right to walk her dog on any public street. He believed that the
problem could be resolved. Since the complaint has been issued, the older
Selectmen ' s Meeting (cont 'd) July 14 , 1992
dog, Snooker, has been tied in his yard and the little one, Kusha, seems
to stay right with him, untied. Neither dog, is viscious and they have
never been known to bite anyone. Selectman Adams moved that the hearing
be closed and the matter taken under advisement, seconded by Selectman
Tevald. the meeting was reopened and the Board requested a recommendation
from the ACO. Dick stated the prolbem is that the dogs run between
the two houses ( 16 Old Pine Island Rd. and 199 High Rd. ) . Under the
circumstances he recommended Ms. .Allen' s dogs be restrained on her '
property between certain reasonable hours, thereby giving Mrs .
Martin a chance to take her walk without problems . Mrs . Martin and Ms.
Allen were asked to compromise. The hours of 6a.am to lla.m. were
decided upon. A motion was made and seconded that Snooker and Kusha be
ordered restrained to their property from 6a.m. to lla.m. for a period
of 10 days . The ACO was asked to monitor the situation and report to the
Board at the end of this period. Ms. Allen was advised that she had the `
right to appeal this decision within ten days to the District Court at
Newburyport. The hearing was closed at 8 : 45p.m.
Under Chapter 61A the Board agreed to release an option to purchase
property, Lot #5 Elm Street, owned by David S. Caldwell Corp.
A request from Arthur Allen, 32 Fordham Way, was granted to have
a small fire on the beach in front of his home on Saturday, July 18th
if it met with Fire Dept. guidelines and the Fire and Police Departments
were notified.
A request from the Plum Island Float Committee was granted to hold
a fundraiser voluntary toll subject to Police approval .
Use of the Harbormaster Boat in the Yankee Homecoming Parade on
the river was approved pending a liability release.
A new license to Buy & Sell Gifts etc. was granted to John Sheedy
d/b/a The Newbury Gallery at 239 High Road (previously Abacus Antiques )
pending the appearance of Mr. Sheedy before the Board.
A recommendation from Chief Merry to place stop signs at Pearson
Plaza was put on hold until the Chief returns from vacation.
The contract for FY93 from Home Health Care of Greater Newburyport
was signed.
David Chaimovich, a member of Boy Scout Troop 44 , was welcomed to
the meeting. He is working toward the rank of Eagle Scout and had
volunteered to work on the new recycling committee. Attending a town. '
meeting and reporting to his troop was also a part of this process . A copy
of the Town Report, warrant from the last Town Meeting and a copy of the
minutes of the last meeting were given to David for his report.
Selectmen' s Meeting (cont 'd) July 14 , 1992
The Board agreed they would send a letter of support for the Parker
River Access Committee in their efforts to obtain greater access to
the beach front portion of the Parker River National Wildlife Refuge.
Deputy Avelis was asked if his officers were tagging cars on Plum
Island part.iculary in the resident parking area. The Board had received
several complaints of out of state cars parking during the week without
being ticketed. Deputy Avelis will notify his officers to check more
frequently especially during the week.
The meeting scheduled for July 28th will be cancelled. A
meeting will be held on Monday, July 20th to take care of any business
that may arise.
The following warrants were signed by the Selectmen:
June 23 , 1992 W52 $258 , 630 . 80
PW52 254 , 941 . 79
June 30 , 1992 W53 81 , 918. 21
W54 48 , 821 . 54
W55 38 , 259 . 06
PW53 21 , 088 . 05
PW53A 1 , 056 . 30
Pw54 18 , 656 . 73
July 7, 1992 W1 20 ,105 . 23
PWl 34,558 .72
The meeting was adjourned at 9 : 20p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
July 20, 1992
Chairman Machiros opened the meeting at 7 : 30p.m. Selectmen
Joseph S. Tevald and Alan I. Adams were present.
The following warrants were signed by the Selectmen:
July 14, 1992 W2 $76 , 747 . 63
PW2 24 ,292 .76
A one day special permit #17 for the sale of alcoholic beverages
was approved for Fire Protection Company #2 for Friday, July 24 , 1992
from 6p.m. to midnight. The fee was waived.
The meeting was adjourned at 7 : 45p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
August 11, 1992
Chairman Machiros opened the meeting at 7 :50p.m. Selectman
Joseph S. Tevald was present. Selectman Alan I. Adams was absent.
The following warrants were signed by the Selectmen:
July 21, 1992 W3 $136, 237 .34
PW3 48, 429 . 52
July 28, 1992 W4 269, 819 . 57
PW4 22, 952 . 42
August 4, 1992 W5 81, 931 .74
PW5 45, 405 . 66
At the request of the law offices of Connolly & Connolly,
representing Richard and Patricia Simkins, 65 Orchard St. , Newbury,
the Board voted to release an option to purchase lot #5 Orchard Street
in accordance with the provisions of MGL C. 61A.
The following licenses were reviewed and renewed:
Buy & Sell gifts etc. - Carolyn & Louise Thurlow d/b/a The Stable
Beauty Shop - Cheryl Mahoney d/b/a Cheryl ' s Island Clip
A request for the use of the Upper Green on August 29th by Ould
Newbury Associates Inc. to hold a Fireman' s Muster and Handtub Parade was
tentatively approved with an alternate location of the Elementary
School grounds . The Green was previously reserved on the 29th
as a raindate for the Plum Island Mother' s Club for their annual flea
market. Green Street to the School will be temporarily closed to vehicular
traffic (except for residents of the street) for the parade. All residents
will be notified prior to the festivities .
As required by MGL C.7 section 401, the Board announced that the
Division of Fisheries and Wildlife is considering the acquisition of
approximately 60 acres of land off Orchard Street to be used for
conservation and recreation purposes as provided in MGL C. 13 section
6 & 7 .
The resignation of Steve Moore as Planning Chairman and member of
the Mini Bays Governance Committee was accepted by the Board with deep
regret. Chairman Machiros commended Mr. Moore as a fine citizen with
invaluable knowledge and stated he will personally ask him to consider
serving in an advisory capacity. Selectman Tevald added his regrets
saying Mr. Moore has always done a great job and was dedicated in his
service to the Town. His resignation is a loss to the Town.
Chief Merry presented a recommendation to the Board to place stop
signs at the -exit from Pearson Plaza and to define the parking
lot from Fruit Street with white lines to control traffic flow. Selectman
Tevald questioned if it might be necessary to install a guard rail
around the contour of the street rather than just white lines. Dick
Selectmen' s Meeting (cont'd) August 11 , 1992
Cunningham noted that a guard rail would be a hinderance to snow
removal . Mr. Tevald asked if there had been many accidents reported
in this area. Chief Merry replied, "no, none except for those who
have crashed into the buildings" . It was moved and seconded that the
town will try the white lines and stop signs and perhaps request that
the Pearsons define the parking places in the Plaza.
The meeting was adjourned at 8: 20p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
August 25, 1992
Chairman Machiros opened the meeting at 7 :35p.m. Selectman
Alan I . Adams was present. Selectman Joseph S. Tevald was absent.
The following warrants were signed by the Selectmen:
August 11 , 1992 W6 $31 , 591 .72
PW6 27, 032 .32
August 18, 1992 W7 74, 196 . 47
PW7 45, 562 . 44
The appointment of Glann Gavin as Assistant Harbormaster was
approved and signed. Mr. Gaving had served in a probationary capacity
since July 1st. In the interim, a "help wanted" ad was placed in the
News. Over 30 replies and resumes were received, none from Newbury
residents.
It was moved by Selectman Adams and Seconded by Chairman Machiros
(in Selectman Tevalds absence) that as the season is almost over, Mark
Yelines ' s request to be reappointed as an Assistant Harbormaster would
be taken under advisement and reviewed again next year.
Three one-day special permits for the sale of Alcoholic Beverages
were approved for Richard A. Simkins d/b/a the Grog Shop, for August 29th.
from 2-8p.m. , September 12th from 1-5p.m. and September 26th from 2-8p.m.
A permit was granted Essex County Gas Co. to open and excavate
Parker Street for the purpose of installing a new gas service to Lot #4
(#12R) .
Warrants were signed for the September 15th State Primary Election
and will be posted by Constable Richard Cunningham.
The Selectmen' s meeting regularly scheduled for September 22nd will
be moved to the 29th due to a scheduling conflict.
A lease/purchase agreement (#9209) between Protection Fire Co. #1
Selectmen' s Meeting (cont'd) August 25, 1992
and CFC Associates Inc. for a Pierce Pumper was approved by the Board.
The meeting was adjourned at 7 :55p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
September 8, 1992
Chairman Machiros opened the meeting at 7 : 40p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
August 25, 1992 W8 $163, 553. 27
PW8 23 , 821 . 94
September 1, 1992 W9 50, 950 . 00
PW9 21 , 939 . 16
A copy of a Memorandum of Understanding relative to the receipt of
an EEO Grant for Triton was reviewed. The Board agreed they would sign
the original document on presentation tentative to clarification of a few
points .
A request from Special Olympics for assistance in coordinating
traffic during their Annual Fall Sports Tournament at Governor Dummer on
Sunday, November 1st, was reviewed with Chief Merry. Chief Merry reported
that last year' s tournament was run with few problems and he did not
anticipate .any this year. The Board approved the request.
The Liquor License for Song-Suk Daw d/b/a Newbury Convenience was
signed with the stipulation that the operating hours be corrected to read
8a.m. to 10p.m.
Special Speed Regulation #5096A pertaining to Scotland Road was
adopted in accordance with the provisions of Chapter 90, section 18
of the General laws as amended.
Chief Merry reported to the Board on a request he had reveived for a
new school bus stop at 231 High Road and also .the lowering of the speed
limit along this area. He had already contacted Dave Wilson of the Mass
Highway Department regarding the bus stop and it will be taken care of
a. s_.a.p. The speed zone request will have to be forwarded to the State
for review and approval as High Road is a State road.
Chairman Machiros advised the Board that he would be meeting with
a representative from State Street Bank regarding the collection of
overdue taxes. The package presented by the Bank will be forwarded to
Selectmen' s Office (cont'd) September 8, 1992
Selectmen Tevald and Adams for review and comments . The Board agreed
that something had to be done as the amounts of monies due are too
great to overlook.
The meeting was adjourned at 8p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
September 29, 1992
Chairman Machiros opened the meeting at 7 : 45p.m. Selectman
Joseph S. Tevald was absent. Selectman Alan I . Adams was present.
Jerry Mailley questioned the possibility of utilizing the old Jeep
Building at 6 Newburyport Turnpike for the Highline Auto operation. He
was advised to speak with Charlie Powers, Building Inspector and Zoning
Enforcement Officer, for approval and guidelines and also to make arrange-
ments with Jim Cashman, Treasurer/Collector, for the payment of back taxes.
Roy Kneeland of Riverview Drive addressed the Board regarding the
possibility of having the residency requirement waived for a commercial
clammers license. Mr. Kneeland purchased property on Riverview Drive and
became a resident of Newbury in July 1992 . Selectman Adams ststed he
would speak to the Shellfish Commissioners and moved to recommend to the
Commission that the residency requirement be waived for resident property
owners. In the absence of Selectman Tevald, Chairman Machiros seconded
the motion. Mr. Kneeland will be advised as soon as a decision is
reached by the Shellfish Commissioners.
David W. Foley Jr. agreed to reimburse the Town for use of Town
machinery to excavate Bittersweet Lane for the purpose of installing
a new water line and hydrant. Mr. Foley also signed a form to release
the Town from all responsibility for damage, personal or property,
that may occur. Chairman Machrios noted that the installation of this
hydrant would be a great benefit to the public safety of the residents
of the area.
On the recommendation of the Harbor Commission, a dock permit fee
of $20 for the 1993 boating season was approved. These permits will be
issued by the Harbormaster under Section 10A of Chapter 91 of the MGL.
A permit to open and excavate Parker Street was granted to Essex
County Gas Company to install a new service to #23 Parker Street (approx.
288 feet) .
Selectmen' s Meeting (cont'd) September 29, 1992
A request from the Byfield Community Methodist Church to close off a
section of street in front of the yellow school was approved for safety
reasons during the annual Folk Art Fair on the Church grounds on Oct. 3rd.
Chief Merry and the Highway Department will be notified.
One day special permits for the sale of alcoholic beverages were
approved for Ould Newbury Golf Club on Oct. 3, 1992 from 12 noon to 12
midnight and for the Greater Newburyport Chamber of Commerce for Oct. 2 & 3 ,
1992 at the Olde Byfield Marketplace from 10a.m. to 8p.m.
A notice from the Essex County Sportsmen' s Association was read
advising that - the salt hay stacks on Route 1 would be restored on Oct. 3rd.
At 8p.m. the legal notice was read and the bids on road materials and
equipment rentals were opened. Bids were received from Mystic
Bituminous Products Co. Inc. , T. J. Broderick Excavating (disqualified due
to no performance bond being enclosed) , Penn Culvert Company, Newbury
Trucking Services Inc. , Bardon Trimount, Brox Industries Inc. , roads Corp. ,
Tindle Excavation, and Bentley Warren Inc. After reading the bids,
they were turned over to the Highway Superintendent, Phil Osgood, for his
recommendation. The meeting was adjourned for five minutes . The meeting
resumed and Mr. Osgood returned with his recommendation that the bids
from Penn Culvert Company, Bardon Trimount, Newbury Trucking Services and
Mystic Bituminous Products Co. Inc. be accepted. After careful consider-
ation, the Board accepted Mr. Osgood' s recommendations. The bid from
Newbury Trucking Services was accepted conditionally, subject to satis-
factionfrom the Treasurer that all taxes will be paid. At 8 : 20p.m. the
legal notice was read and bids on a lease/purchase of a backhoe and
accessories were opened. Only one bid was received from Schmidt Equipment.
The bid was accepted.
The following warrants were signed by the Selectmen:
September 8, 1992 W10 $52, 480 . 89
PW10 86, 207 . 55
September 15, 1992 W11 73 ,854 .30
PW11 21 , 111 . 00
September 22, 1992 W12 160, 402 . 89
PW12 88, 099 . 27
The meeting was adjourned at 8 :30p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
PUBLIC HEARING
October 7, 1992
At 8p.m. 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
Public Hearing (cont'd) October 7, 1992
determination of the percentage of the tax levy to be'•bor.ne by each
class of real property for fiscal year 1993 . Hearing date has been
revised and will be held on Wednesday, October 7, 1992, 8: OOp.m. at
the Newbury Town Hall .
Mr. Worthen Taylor, Chairman of the Board of Assessors, addressed
the Board and recommended a single rate of $11 . 62 for all classes of
property. There was no opposition voiced. A motion was made and
seconded to close the hearing and the matter was taken under advisement.
The hearing resumed and the recommendation of the Board of Assessors
was accepted. All commercial , industrial, and residential property
will be taxes at the single rate of $11 . 62 . It was moved and seconded
that the hearing be adjourned. The Assessors will forward the proposed
rate and financial information to the Department of Revenue for final
approval .
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
OCTOBER 13 , 1992
Chairman Machiros opened the meeting at 7 : 50 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed:
September 29, 1992 W13 $33 , 680 . 47
PW13 18,874 .85
October 6, 1992 W14 59, 532 . 65
PW14 87 , 878 . 22
Jim Cashman, Treasurer/Collector, presented a proposal from
State Street Bank for the collection of delinquent real estate taxes.
State Street would handle all paper work from demand notices to liens with
an anticipated return rate of 50%. Cost to the Town would be $84 per
account. It was moved by Alan Adams and seconded by Joseph Tevald to
accept Mr. Cashman' s recommendation to turn over delinquent accounts to
State Street Bank for collection. The Board agreed in unison that it
was not their intention to embarass anyone but a cooperative effort to
collect monies owed the Town.
The lease/purchase agreement on the backhoe, bid by Schmidt Equipment
was signed by the Board.
Approval was granted for use of the Byfield Town Hall for Brownie
Troop meetings under the supervision of Denise Spaulding and Corrine
MacIsaac on two Thursdays each month.
Selectmen' s Meeting (cont'd) October 13 , 1992
Two one day special permits #24 & 25 were issued to Ould Newbury
Golf Club for Saturday, October 17th and Sunday, October 18, 1992 from`'
noon to midnight.
Permits for outdoor advertising were approved for Ackerly Commun-
ications of Massachusetts Inc. with the stipulation that no adult oriented
or sexually explicit material be allowed.
Use of the Upper Green by the Historical Society of Old Newbury on
September 11, 1993 from 7 : 30a.m. to 5p.m. for their Annual Country
Auction was approved.
On the recommendation of Town Clerk, Marcia Peirce, the Board agreed
that fees for parking and landfill stickeres will remain at $5 for next
year.
Under Chapter 61A, the Board agreed to release an option to purchase
property, Lot 5S Elm Street, Byfield, owned by David S. Caldwell Corp.
Selectman Tevald advised the Board, for the record,- that the equipment
for Pearson Playground in Byfield had been successfully installed on
Monday, October 12th. He expressed his gratitude to the many volunteers
whose tireless efforts over the past three years have turned an idea into a
playground. "Hats off to all involved for a fantastic job" , he said.
The Park Committee requested permission from the Board to hav Byfield
Water District install a water bubbler at the playground. Byfield Water
has agreed to install this bubbler at no charge to the Town. It was
moved and seconded to permit Byfield Water to install a bubbler on play-
ground property. The Board also agreed to donate the small amount of
sand, gravel and stone needed to finish off the parking area at the
playground.
The meeting was adjourned at 8 : 30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
October 27 , 1992
Chairman Machiros opened the meeting at 7 :30 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed:
October 13 , 1992 W15 $108, 739 . 02
PW15 23 , 581 . 68
October 20, 1992 W16 26, 416 .70
PW16 90,747 . 48
Selectmen' s Meeting (cont'd) October 27, 1992
Chairman Machiros advised the Board that John MacDonald, President
of Newbury Trucking had made arrangements with Jim Cashman, Treasurer/
Collector, to satisfy his outstanding taxes . Based on this agreement,
Newbury Trucking was awarded the bid for road materials and equipment
rental submitted September 29th.
It was moved by Selectman Adams and seconded by Selectman Tevald
to accept the appointments of Doug Miller to the Finance Committee and
Richard Joy as an alternate member of the Zoning Board of Appeals .
A request from Essex County Gas Co. to open and excavate the inter-
section of South Pond Street and Anchor Way for the purpose of corrosion
control was approved pending confirmation from Highway Superintendent,
Phil Osgood, that past restorations have been back filled and heat
treated to his satisfaction.
A one day special permit #26 for the sale of alcoholic beverages
was approved for Protection Fire Co. #2 for Tuesday, November 3, 1992
from 6p.m. to 12 midnight. The fee was waived.
Jim Cashman briefed the Board on tax collections . He stated the
news release regarding State Street Bank' s collection service had
resulted in several telephone calls but no revenue of any consequence.
State Street will begin their process next week after meeting with his
department to ascertain- the accounts to be submitted for collection.
The warrants for the November 3rd election were read and signed to
be posted by Constable, Dick Cunningham.
The meeting was adjourned for a ten minute recess .
The meeting reconvened at 8 p.m. the legal notice of the Public
Hearing on the petition of Mass Electric and New England Telephone, Plan
#6.39 to locate a new pole (#16/92) on Fruit Street was read. Stella
Salvati, representative of Mass Electric explained that the pole was
needed to shorten a span of 230 feet and would be for residential use
only. Appearing in favor was Edward Lynch. Appearing in opposition -
no one. The hearing was closed and the matter taken under advisement.
The hearing reopened and the petition was granted unanimously.
Chairman Machiros reported that with highway funds saved over the
past four years, work had begun on our roads. Central Street, Main
Street and a short section of Lunt Street were in the process of being
resurfaced. Next week, Green Street, Hay Street and Boston Road would
be done. . The work is anticipated to take approximately ten days.
1 John Casa zza of 121High Road registered a complaint with the
Board against Tendercrop Farm. He stated that during the summer months
the farm operates compressors all night to run their refrigerator trucks.
Selectmen' s Meeting (cont'd) October 27, 1992
These trucks are located about 500 feet from his house and he felt it
was a public nuisance. Chairman Machiros suggested he first speak with
Charlie Powers, Zoning Enforcement Officer, to see if Tendercrop is in
violation of any zoning by-laws. He also suggested that Mr. Casazza
speak with the owners of the farm to see if this problem might be
worked out.
The meeting was adjourned at 8 : 10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
November 10, 1992
Chairman Machiros opened the meeting at 7 : 45 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed:
October 27 , 1992 W17 $ 32, 135 . 15
PW17 23, 470 . 12
November 3 , 1992 W18 196, 173 .07
PW18 88, 023 . 29
Planning Board members, Bruce Saunders, Pat Skibbee and Paul
Daubitz were in attendence to formally recommend the appointment of
Tyler Olsen, 70 Central Street, Byfield, as a member of the Planning
Board to fill the vacancy left by Steve Moore ' s resignation. It was
moved by Selectman Adams, seconded by Selectman Tevald and voted
unanimous by Chairman Machiros to accept this recommendation.
A request was approved for Ben Tymann, representing the Republican
Town Committee, for use of Town Hall on Monday, November 23rd from
7 to 9p.m.
The Board granted a request from Francis and Evelyn Mahoney
d/b/a Mr. Moe ' s Package Store for use of the Upper Green Ball Field
on Monday and Wednesday evenings for the 93 softball season.
The Board granted a request from the Newbury Clammers for use
of the Upper Green Ball Field on Tuesday and Thursday evenings for the
93 softball season.
A petition from the residents of Fordham Way requesting a portion
of Fordham Way between Sunset and Southern Boulevards be made one way
in the direction from Sunset to Southern Boulevard was reviewed. The
Fire Commissioners and Police Department recommended that if made one
way, the flow of traffic should be one way from Southern to Sunset.
The Board agreed to take the matter under advisement. A final decision
Selectmen' s Meeting (cont'd) November 10, 1992
will be made subject to the advisement and approval of the petitioners.
If they choose not to accept the recommendation of Fire and Police it
will be left as it is .
Chairman Machiros advised the Board that the Newbury/Rowley Lions
Club had offered to build a new backstop on the Upper Green Ball Field.
The backstop will be constructed in the same period as the existing
one. It was moved and seconded to advise the Lions to proceed in
drawing up the final plans for the Board' s inspection prior to final
approval .
The subject of the rabies threat in Mass was discussed. Chairman
Machiros noted that some communities have set up a task force to
investigate the spread of rabies. He suggested that he, Dick
Cunningham, and Chief Merry form a working committee to set procedures
in the event of a rabies outbreak in our area. Dick requested that the
Board contact Anna Jaques Hospital to see if reports of animal bites
might be faxed directly to the board of Health to facilitate his
follow up and, if necessary, quarantine of the animals involved.
Chairman Machiros stated if there was no other business to come
before the Board he would entertain a motion to go into Executive
Session to discuss strategy with respect to possible litigation
involving the "no evacuation possible" sign on Plum Island Turnpike. By
roll call vote, Selectman Adams made the motion, Selectman Tevald
seconded and Chairman Machiros made it unanimous . Chairman Machiros
stated the Board would not reconvene after the Executive Session.
The meeting was adjourned at 8 : 10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
November 24, 1992
Chairman Machiros opened the meeting at 7 : 40 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
November 10, 1992 W19 $456,864 . 56
PW19 21 ,880 . 95
November 17, 1992 W20 66, 132 . 40
PW20 90, 054 . 51
Mr. Rob Goldman, Director of Mass Audubon North Shore, presented
a draft for the proposed development of a plan for the regional manage-
ment of on-site septic systems in the towns of Ipswich, Rowley, Essex
and Newbury. He explained the objectives, funding and goals of the
Selectmen' s Meeting (cont'd) November 24, 1992
plan and asked for the Boards approval to include the Town of Newbury
in this system. The motion was made, seconded and voted to join
Mass Audubon in the development of this project. Chairman Machiros
asked that the Board be updated on Mass Audubons progress on a monthly
basis .
A new license to buy and sell gifts, antiques, and second hand
articles was approved for Frank Bennett d/b/a Coastal Flea Market
at 6 Newburyport Turnpike. Mr. Bennett was asked to speak with the
Building Inspector regarding the size of signs allowed for this
business .
Jim Cashman spoke briefly on the benefits of a "cafeteria plan"
which could be offered to Town Employees by Mutual of Omaha in
conjunction with a LTD insurance program. Mr. Cashman endorsed the
program and asked for the Boards approval to pursue the Mutual of
Omaha offer on behalf of the Town. The insurance company will conduct
several informational meetings for the employees . The Board approved
Mr. Cashman' s request.
On the recommendation of the Library Board of Trustees, Mrs.
Carolyn Johnson, 7 Bayview Avenue, was appointed to serve on the
Board of Library Trustees until April 93 to fill the vacancy left by
Sumner Misenheimer' s resignation on September 30, 1992 .
A one day special permit #27 for the sale of alcoholic beverages
was granted to Protection Fire Company #2 for Saturday, December 12th
from 7p.m. to 12 midnight. The fee was waived.
Christmas on the Green will be held on Sunday, December 13th
beginning at 3 : 30p.m.
The meeting was adjourned at 8 : 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
December 8, 1992
Chairman Machiros opened the meeting at 7 : 45p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
November 24 , 1992 W21 $299, 492 . 67
PW21 23, 857 . 35
December 1, 1992 W22 153 , 803 . 28
PW22 144, 509 .38
a request from the Byfield Water Commission for use of the
Byfield Town Hall for a meeting on Wednesday, December 9th at 7 : OOp.m.
was granted.
Selectmen' s Meeting (cont' d) December 8, 1992
A request from Marsha Erkson, Childrens Librarian, for use of
Byfield Town Hall on Tuesday, December 15th at 7 : 00 p.m. for the
library Family Christmas Celebration was granted.
Pursuant to MGL' s Chapter 7, Section 401, the Board announced
that the Department of Food and Agriculture is considering the
acquisition of approximately nine (9) acres of land owned by Elizabeth
Knight, 110 High road, for inclusion in the Agricultural Preservation
Program.
The following liquor licenses were approved for 1993 :
All alcohol/restaurant - Scott Dehetre d/b/a Buddy' s Restaurant; Gloria
Merola d/b/a Beachcomber was approved contingent on satisfaction of
back taxes .
Club/beer & wine - Oldtown Country Club Inc. and Ould Newbury Golf Club.
Package store/all alcohol - SKK Inc. d/b/a Corner cupboard; Byfield
Associates Inc. d/b/a D & J Liquors ; and Guilfords Package Store Inc.
d/b/a Mr. Moe ' s
Package Store/Beer & Wine - Jane F. McNeal d/b/a PJ' s; Erich Griebling
d/b/a Dick ' s Variety; Tracy Apothecary Corp. d/b/a byfield Pharmacy;
and Song-Suk Daw d/b/a Newbury Convenience.
A Board of Health advisory on rabies was reviewed and signed by
the Board of Health, ACO and Chief Merry and will be distrituted
throughout the town by the ACO. On the recommendation of ACO, Dick
Cunningham, the following persons were appointed to serve on a Rabies
Awareness Committee: Angie Machiros, Joe Tevald, Alan Adams, Dick
Cunningham, Roger Merry, Marcia Peirce, Dr. John Grillo, Lois Anderson,
Dave Taylor, and Jim Cunningham. Appointed in an advisory capacity
were Carol LaRocque and Madelyn Cirinna, ACO' s from neighboring
towns . A meeting date was set for Thursday, December 17th at 7 : 30p.m.
at the Town Hall .
The Selectmen' s Meeting scheduled for December 22nd was
rescheduled for January 5th, 1993 .
The meeting was adjourned at 8 : 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
December 17, 1992
The meeting was opened at 7 : 20 p.m. In attendence: Board of
Selectmen, Paul Turbide of Port Engineering, Jim Lagoulis (Town
Counsel) , and Paul Beckett of the Daily News.
Angie explained the process through which proposals for the
operation and mining of the landfill were received.
Construction bidding documents, plans, and specifications were
prepared by Port Engineering and invitations to submit proposals were
sent to three local contractors, J.D. Hartnett, Spalding Construction,
and Pearson Landscaping. In addition, legal notices were placed in the
Daily News on 11/24/92 and 12/1/92 resulting in seven (7) contractors
obtaining the bid specs. They were Miles River Sand & Gravel ,
Spalding Construction Inc. , BFI Waste Systems Inc. , Pearson Landscaping
Inc. , Enpro Inc. , Resource Control Inc. , and T.J. Battye Construction.
A pre-bid conference was held on 12/2/92 with three interested
contractors in attendence, Pearson, Spalding and BFI .
In response to the RFP, two contractors submitted proposals by
the 12/11/92 deadline, Pearson Landscaping and Resource Control Inc.
They were reviewed for completeness and responsiveness to the needs of
the Town by Port Engineering. Based on the proposals received, Paul
Turbide of Port Engineering, recommended to the Board that the proposal
from Pearson Landscaping Inc. be accepted as it was complete and
competitive .with the Town' s budget for the program. Port also
recommended that Phase I, the site prep work, start immediately. Town
Counsel had reveiwed the contracts and all was in order except for
Pearsons bid bond which is in the works . Counsel recommended that the
Board issue a notice of award and allow Pearson to proceed with the
project at his own peril until the bond is secured.
A motion was made 'by Alan Adams and seconded by Joe Tevald to
accept the bid proposal of Pearson Landscaping Inc. and start
mobilization and site prep by Monday, 12/21/92, in anticipation of
beginning the mining process mid to late January. Spalding Construction
Inc. , the current contractor in charge of maintenance and ground cover
at the landfill will be notified immediately of his replacement.
Alan Adams noted that Newbury is a forerunner in sanitary landfills
He felt we were headed in the right direction and hoped things will
turn out fine even though we know the end is in sight.
Chairman Machiros stated the Towns first consideration will be
the preservation of the integrity of the river. He suggested that a
flyer be made up with a short statement of explanation as to what was
happening at the landfill . He also stated that informational meetings
Selectmen s Meeting (cont d) December 17 , 1992
will be scheduled to keep the public informed. Angie requested the
Board allow some latitude with the utilization of John Koney so that
he could be placed on off dump days with Pearson' s construction crew,
Port' s engineering crew or back to the Highway Department under his
(Angie ' s) supervision. The Board granted this request.
The meeting was adjourned at 8: 00 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
January 5, 1993
Chairman Machiros opened the meeting at 7 :50 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
December 8, 1992 W23 $ 72, 900 . 91
PW23 19, 581 . 21
December 15, 1992 W24 39, 393 . 49
PW24 89, 943 . 99
December 22, 1992 W25 234, 228 . 47
PW25 23 , 142 .70
December 29, 1992 W26 29, 224 . 15
PW26 87 , 603 .82
Chairman Machiros addressed Fred Davis of BRC Disposal and Greg
Mello of Mello Disposal . He explained that the DEP would soon require
mandatory recycling in Newbury and the haulers would have to comply
with the regulations if they are to continue using the landfill . He asked
Mr. Davis and Mr. Mello if they had any thoughts on how this could be
accomplished with their customers . Mr. Mello stated he had purchased
new trucks in anticipation of recycling and thought by using two
trucks on each route (one for trash and one for recyclables) he could
comply with the regulations. It would take a little time to educate
his customers as to what and how things should be separated and the
cost of his service would have to be raised. Mr. Mello felt he could
implement a plan to recycle glass, cans, metal and newspaper easily.
Plastics would be a little more difficult but could be handled.
However, he felt corrugated cardboard would be cost prohibitive to try
to separate. He stated he was willing to work with the town and would
do his best to comply with the regluations . Mr. Davis said he also
had a truck which. could be altered to pick up recyclables . As with
Mr. Mello he would have to raise prices and educate his customers . He
also felt cardboard would be cost prohibitive- to separate and recycle.
He stated his alternative, if he found he could not comply with the
regulations, would be to raise his cost to his customers and take
everything to the Ogden Martin plant in Haverhill for incineration.
Both gentlemen agreed they could probably handle all the recyclables
Selectmen' s Meeting (cont'd) January 5, 1993
except for cardboard. Being new to recycling, they asked for a little
time to look into how it was being done elsewhere and try to get some
input from someone knowledgeable in the industry. Chairman Machiros
asked them to do some homework and, if possible, attend the meeting
on the 26th with some definite ideas on how they can make recycling
work. The Board agreed to take the matter of the cardboard under
advisement until definite plans are in place.
Jeffrey Janvrin questioned the Board on why clam shells could
only be dumped at the landfill on operating days . Mr. Turbide, Landfill
Engineer, explained that all debris dumped must be covered at the end
of the day. Machinery and manpower are not always available for that
taks on closed days .
Joe Tevald expressed the Boards appreciation to Mr. Mello and Mr.
Davis for their willingness to work with the town. Town wide partici-
pation will be needed if this plan is to succeed and if we can get
the kinks out before it becomes mandatory, we will be that much farther
ahead, he said.
The following license renewals for 1993 were reviewed and approved:
Installers : Spalding Construction, Allen P. Rogers, Abbott Construction,
John D. Hartnett, Haynes & Sons, Charles E. Killam, Stephen Murphy/
Up Country Landscaping, David W. Foley, R.B. Strong Septic Systems,
James C. Charles Contracting, Francis J. Fournier, W. Harrison & sons
Inc. , Manter Company Inc. , Metcalf & Parker Inc. , Pearson Landscaping,
Keith P. Walton Company, Paul Wilkinson
Used Car Dealers-Class II : Highline Auto, Special Interest Autos of
Newbury, AEL TYd .ls]� Pai@sOAtlanti@ Equipf@qt & .Leasing Corp. , Admiral
Used Cars, Stephen Bandoian Offshore Concepts Corp. d/b/a US #1 Auto/
Marine, By field Auto Center, Angie ' s Service Station
Motor Vehicle Junk-Class III : Newbury Auto Sales Inc.
Bait, Tackle, Sporting goods & Sunday ice cream: Kay Moulton d/b/a
Surfland Bait & Tackle Shop
Milk: Glen St. Cyr d/b/a Newbury Butchery Inc.
Milk & Parking Lot: Evelyn Mahoney d/b/a Guilford' s Package Store
Parking & Popcorn Machine: Lawrence & Geraldine Dorr d/b/a Wheelhouse
Parking
Parking Lot: Michael Villane d/b/a Villane Parking Lot, Dorothy Phillips
d/b/a Phillips Parking Lot, Chandler Grinnell/Jack McKallagat d/b/a
Blvd. Parking Lot, Virginia Moore d/b/a Ginny Moore' s Parking Lot,
Dog Grooming: Karen Candeas d/b/a Karen' s Dog Grooming of P. I . ,
Deborah Knight d/b/a Deb ' s Place
Beauty Shop: Helen Bulgaris d/b/a Longfellow Hill Beauty Salon,
Anne Palumbo Webber d/b/a Colonial Coiffures, Leslie A. Haley d/b/a .
Newbury Hair Design, Linda Francis d/b/a Linda' s Home Salon
Buy, sell repair, create lobster holding systems : Donald C. Knight Jr.
d/b/a New England Lobster Pools
Selectmen' s Meeting . (cont'd) January 5, 1993
Buy, Create & Sell Gifts & Woodcrafted Items: Angie Machiros d/b/a
A.G.J. Woodcrafting
Buy & Sell Gifts Etc. : Mary A. Webber d/b/a Pine Cupboard, Harry Foote
d/b/a Bird' s Nest, Mae Atkinson d/b/a Mae Atkinson Antiques, Susan H.
Saunders d/b/a The Heart of Byfield, Patsy J. Brown d/b/a F. Thurlow
Brown Books, Susan Jaworski Stranc d/b/a Apple Cider Press and Prints,
Robert L. Upton d/b/a Upton Farms, Norman Beckman d/b/a Norbeck Sterling,
Luciano A. Capodilupo d/b/a R.C. Arts & Crafts, R.J. Kelly d/b/a
International Antique Mart.. (multi=complex)s / ... F ' is T�:fr
Common Victualler, Parking, Dancing Weekdays : Geraldine Dorr d/b/a P.I .
Taxpayers Assoc.
Common Victualler, Sunday Ice Cream, Milk, Parking Lot; James T.
Morris d/b/a The Plum Inc. , Clifford Willey & Robertt Ducott Jr. d/b/a
Haven II
Common Victualler, Sunday Ice Cream, Milk: Scott Dehetre d/b/a Buddy' s
Restaurant, James & Song Suk Daw d/b/a Newbury Convenience Store,
Eleanor J. Miller d/b/a JoEl ' s, Katherine M. Crepeau, Matthew Kozazcki
d/b/a Tendercrop Farm, Walter L. Yale d/b/a Main Street Mini-Mart, Erich
Griebling d/b/a Dick' s Variety, Jane F. McNeal d/b/a PJ' s, Gloria Merola
d/b/a Beachcomber
Common victualler, Sunday Ice Cream: R.J. Kelly d/b/a Ould Byfield
Expo Tea Room
Sales of Gifts & Video Tapes, Sunday Ice Cream, Milk: Tracy Apothecary
Corp. d/b/a Byfield Pharmacy
Septage Hauler: R.B. Strong Septic System Services
A pole hearing was set for January 26th at 8p.m. on the petition
of Mass Electric and N.E. Telephone & Telegraph, plan #640, to relocate '
pole #9/28 on Orchard Street.
Two APR applications were reviewed from the Department of Food
and Agriculture which would include the Spencer-Pierce Little Farm on
Little ' s Lane and approximately 11 acres of the Knight Farm at 110
High Road in the Agricultural Preservation Restriction Program. A
motion was made by Alan Adams and seconded by Joseph Tevald to decline
the option to purchase these properties on behalf of the town.
Dick Cunningham reminded the Board that a Rabies Awareness
Committee meeting would be held on January 6th at 7 : 30p.m. at the Byfield
Town Hall .
Chairman Machiros advised the Board that Police Union negotiations
would begin on Tuesday, January 12th. It was moved by Alan Adams and
seconded by Joe Tevald that Chairman Machiros take any action necessary
in the best interest of the town at these negotiations.
The meeting was adjourned at 9 : 10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
January 26, 1993
Chairman Machiros opened the meeting at 7 : 45p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
4
The following warrants were signed by the Selectmen:
January 5, 1993 W27 $ 79, 602 . 47
PW27 21, 982 . 37
January 12, 1993 W28 119, 791 . 48
PW28 91 , 156 . 41
January 19, 1993 W29 31 , 172 . 21
PW29 19, 063 . 67
The Board reveiwed a letter which Mr. Davis had prepared for his
customers regarding recycling. The Board agreed the letter was a good
start and reiterated that they would work with the haulers to make the
transition as easy as possible. Both Mr. Davis and Mr. Mello will
begin their recycling programs around the first of March.
A hearing was set for February 23rd at 8p.m. for the transfer of
a liquor license from Erich Griebling d/b/a Dick' s Variety to Clifford
Willey d/b/a Dick' s Variety at the same location.
At 8p.m. a public hearing was held on the petition of Mass Electric
and New England Telephone and Telegraph, plan #640 dated 11/4/92, to
relocate a pole #9/28 on Orchard Street. The legal notice was read by
Chairman Machiros. Appearing in opposition - no one. Appearing in
favor- Mr. Moynihan of Mass Electric. Selectman Adams moved that the
hearing be closed and the matter taken under advisement, seconded by
Selectman Tevald. The hearing was reopened and the petition was
unanimously approved as presented.
The Board approved the release of 85% of the funds held as security
for the Great Meadow Road subdivision to Mr. John Karahalis, developer.
The Board also approved the release of the security deposit for Black
Duck subdivision to Richard Davidson, developer.
Under Chapter 61A, the Board agreed to release an option to
purchase Lot 6 Orchard Street, property owned by Richard & Patricia
Simkins.
A one day special permit #29 was approved for the sale of alcoholic
beverages by Protection Fire Co. #2 for Saturday, February 6th from
12 noon to 11 :30p.m.
A license for a manicurist shop requested by Marcy Kearns of
5 Parker River Drive was tenatively approved pending her receipt of all
necessary state permits and licenses.
On the recommendation of the Fish Commissioners, the Clam
Regulations for 1993/94 season were reviewed and approved. A motion
was made by Selectman Tevald and seconded by Chairman Machiros to
accept the regulations as presented. Selectman Adams abstained from the
Selectmen' s Meeting (cont'd) January 26, 1993
vote.
Dick Cunningham, ACO reported that the Rabies Awareness Committee
meeting held on January 6th had been a productive one with good
attendance. Rabies clinics in the neighboring towns of West Newbury,
Hamilton and Ipswich have been scheduled. With the cooperation of
Chief Merry, a policy statement had been drawn up and presented to the
Police Department. this policy addressed the procedures to be used
in the handling of potentially rabid animals, dead or alive.
A request for use of the Upper Green by the First Parish Church
on May 22nd was approved.
Chief Merry was asked for an update of the progress of 911 . HE
stated that the work on the Master Street Address Guide was being done
by a group of volunteers in conjunction with the Assessors Office.
Numbers were being assigned to houses and streets were being identified.
Streets with like names may have to been renamed to avoid any confusion
in the system. The Assessors plan to propose a new by-law at the
Annual Town Meeting to mandate all houses be numbered. It was moved and
seconded to officially appoint the volunteers .to a 911 committee to
provide them with liability coverage while working for the town.
A report was made on the collection of delinquent taxes for the
month of January with $26, 555 having been collected for the month.
The meeting was adjourned at 9p.m.
Respectfully submitted,
Kathleen Sirois, .Secretary
SELECTMEN' S MEETING
February 9, 1993
Chairman Machiros opened the meeting at 7 :35p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
January 26, 1993 W30 $245, 895 . 20
PW30 94, 544 . 41
February 2, 1993 W31 78, 817 . 41
PW31 19, 247 .83
Mr. John Tracy and Mrs. Priscilla Pearson were present to request
the Selectmen set a hearing date for the transfer of a liquor license
now held by Tracy Apothecary d/b/a Byfield Pharmacy to J.P. Lincoln
Corp. (Priscilla Pearson) at the same location (8 Fruit Street, Byfield)
The hearing was set for February 23rd at 7 :30p.m.
Selectmen' s Meeting (cont' d) February 9, 1993
On the recommendation of Chief Merry, Robert Wolcik Jr. was
appointed as Special Police/Schools to fill the position previously
held by Ed Carpenter. .
A leave of absence was granted to Barbara Purinton, library worker,
subject fo a set time period.
Mr. Tyler Olsen, member of the Planning Board, was appointed to
the Mini Bays Project-Planning Advisory Committee to replace Mr. Steve
Moore.
Joe Tevald was appointed to the Task Force investigating regionali-
zation of Grades K thru 12 .
A one day special permit #30 for the sale of alcoholic beverages
was approved for Protection Fire Co. #1 for their Annual Firemen' s Ball
Saturday, March 6th from 5 :30p.m. to la.m. to be held at Governor
Dummer Academy gymnasium.
The following permits were reviewed and renewed:
Installers : Hawk' s Construction, CME Excavation, Stuart Dalzell, Harris
Contracting
Used Car Dealer' s License-Class II : Oulde Byfield Expo Center
Milk: Robert Conboy/SSK Inc. d/b/a Corner Cupboard
Manicurist: Marcy- Kearns
Parking Lot: David & Mary Williamson
Buy & Sell grain, hay,and related farm products : William & Louise
Robitaille d/b/a Pheasant Meadow Farm, Norma & Harold Reader d/b/a High
Tail Acres
Buy & Sell Gifts Etc. : Norma & Harold Reader d/b/a High Tail Acres,
Judity Fionda d/b/a Parker River Trading Post, John Sheedy d/b/a Newbury
Gallery, Christopher -L. Snow d/b/a Byfield Trading Co. , .Joyce Orfant
d/b/a Art & Camera Custom Framing, Robert & Katherine Carleton d/b/a
Parker River Enterprises
Common Victualler: Robert & Katherine Carleton d/b/a Parker River
Enterprises, Ralph F. Johnson/Ould Newbury Golf Club Inc.
Dancing Weekdays, Mild, Sunday Ice Cream: Ralph Johnson/Ould Newbury
Golf Club Inc.
Buy & Sell Gifts Etc. : Richard Joy d/b/a Joy Sales in Barn
On the recommendation of the Assessors, the following volunteers
were appointed to the 911 Committee: Vincent Nicolosi, Claire Nicolosi,
and Michael Desmond.
Robert Anderson introduced himself to the Board requesting a
new license for the sale of gifts etc. , which is an accepted use at
a property located on the corner of Boston Road and Rte. 1 . Chairman
Machiros advised Mr. Anderson to check with Chief Merry regarding
the placement of signs and to keep the operation low key. The license
was approved.
Selectmen' s Meeting (cont'd) February 9, 1993
Ross Parody of 12th St. Plum Island presented a plan to the
Board of Health for renovating his house to expand the bathroom from
one to one and a half - no addition of bedrooms. The plans were
approved subject to his providing a septic plan showing approval for
a three bedroom system.
Dot Cunningham on behalf of the Quascacunquen Grange presented
two estimates for the cleaning of the draperies in Byfield Town Hall .
It was voted to accept the estimate of Compleat Drapery in Newburyport,
which was the lower of the two. Mrs . Cunningham also asked about
replacing the shades on the windows, many of which are torn and broken.
The Board advised that an allowance would be put into next years (FY94)
budget for this expense.
Chairman Machiros reported to the Board that the mining process
at the landfill was going well . He personally thanked Mr. Bill
Plante for the fine article in the North Shore Magazine section of the—
Daily News on February 4th. Mr. Plante ' s efforts and understanding
are truly appreciated.
Chief Merry was asked to evaluate and report on the progress of
the 911 Committee at the next meeting.
At the request of Protection Fire Co. #1 , the Board approved
carrying forward the monies ($8, 000) appropriated in FY93 for the
purchase of fire fighters turn out gear to the FY94 budget.
The meeting was adjourned at .8 : 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
February 23 , 1993
Chairman Machiros opened the meeting at 7 : 45p.m. Selectmen
Joseph S. Tevald and Alan I. Adams were present.
In accordance with Chapter 138 of the Mass General Laws, a
legal notice was read by Chairman Machiros for a public hearing on
the application of Tracy Apothecary d/b/a Byfield Pharmacy to
transfer the Wine & Malt Beverage-Package Goods license held at
8 Fruit Street, Byfield, to J.P. Lincoln Corp. , d/b/a Byfield General
Store at the same location. Principals John Tracy and Priscilla
Pearson were both present. Appearing in opposition-no one: Hearing
no questions, it was moved by Alan Adams and seconded by Joe Tevald
that the hearing be closed and the matter taken under advisement.
The hearing was reopened and the transfer was unanimously approved.
Selectmen' s Meeting (cont'd) February 23 , 1993
Mrs . Pearson stated that she was aware of the operating hours
stipulated on the license. All documents will be forwarded to the
ABCC for final approval .
Chairman Machiros announced the receipt of a recycling grant
from DEP for three roll off containers valued at $10, 950 . This
grant was gratefully accepted by a vote of the Board.
At 8p.m. in accordance with Chapter 138 of the Mass General
Laws, a legal notice was read by Chairman Machiros for a public
hearing on the application of Erich Griebling d/b/a Dick' s Variety to
transfer the Wine & Malt Beverage - Package Goods license held at
29 Plum Island Boulevard to Clifford Willey at the same location.
Mr. Willey was present. Hearing no opposition, it was moved by
Alan Adams and seconded by Joe Tevald to close the hearing and take
the matter under advisement. The hearing was reopened and the transfer
was unanimously approved. Mr. Willey introduced Robert Ducott of 81
Southern Boulevard, a new buyer for Dick' s Variety. He requested
that a hearing date be set for the transfer of the liquor license
from himself to Mr. Ducott. The Board advised Mr. Willey to check with
Boston (ABCC) for advice on the most expedient way to handle the two
transfers and the Board agreed to work with him to move as quickly
as possible.
Chief Merry and Chairman Machiros will attend a rabies seminar
at Northern Essex-Haverhill on Tuesday, March 2nd.
It was moved and seconded to accept the recommendation of the
Harbor Commission that all persons using the Town Ramp or mooring a
vessel in the waters of the town, pay the waterways fee. Notive of
this ruling will be forwarded to the Fish Commissioners and any
arguments or rebuttals they may have will be directed to the Harbor
Commission.
In support of the preservation of land in the Town of Newbury,
the Board approved an APR application for Florence Collis, 91 High Road
subject to the paperwork being in order.
Jean Lancaster was appointed to the 911 Committee-Master Street
Address Guide.
-Richard Cunningham was nominated as Animal Inspector for a one
year term from March 93 to March 94 .
A letter of resignation was accepted with deep regret from
Alfred Thurlow, Assistant Harbormaster.
Two one-day special permits for the sale of alcoholic beverages
were approved for Protection Fire Co. #2 for March 20 and March 28th
Selectmen' s Meeting (cont' d) February 23 , 1993
from 1p.m. to llp.m. The permit fee was waived.
An article was accepted from Triton for the Annual Meeting
warrant for their EEO Grant for FY94 subject to assurance that the
Town will not be liable for any monies in the third year.
In accordance with Chapter 7 section 401 of the Mass General Laws
the Board reported receipt of a notification from the Dept. of
Fisheries, Wildlife and Environmental Law Enforcement regarding their
proposed acquisition of approximately 65 acres of land near the
Martin Burns Reservation, which if acquired, would be used for
Conservation and Recreation purposes . The Board agreed to take no
action pending receipt of additional information.
An informational meeting for the citizens of Newbury regarding
the landfill mining project will be held at the next meeting on
March 9th at 7 :30 p.m. Mr. Paul Turbide of Port Engineering will be
present. to answer questions.
The following warrants were signed by the Selectmen:
February 9, 1993 W32 $93, 583 .88
PW32 93, 692 . 02
February 16, 1993 W33 39, 219 . 52
PW33 17 , 923 . 52
The meeting was adjourned at 8 : 30p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
March 9, 1993
Chairman Machiros opened the meeting at 7 : 40 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
February 23 , 1993 W34 $32, 532 . 69
PW34 91, 484 . 29
March 2, 1993 W35 184, 613 . 65
PW35 20, 130. 82
The informational meeting on landfill mining scheduled for 7 :30 p.m.
was delayed until 8 p.m. to allow for other business before the Board to
be completed.
An APR application for Florence Collis, 91 High Road, was approved
and signed and forwarded to the Conservation Committee for signatures.
An installers permit was approved for John LaFoe d/b/a Prompt
Construction.
An application was reviewed for a Class II license for Ronald Garand
Selectmen's Meeting (cont'd) March 9, 1993
d/b/a Newbury Engineering, 40 Boston Road. The license was denied as it
is not a permitted use in a Residential/Agricultural District. Mr. Garand
was advised to speak with Charlie Powers, Zoning Enforcement Officer for
a list of permitted uses in this district.
A Public Hearing was set for March 23rd at 7 :30p.m. at the request of
the Mass Highway Department to discuss the proposed replacement of the
Route 1 Bridge. The legal notice as it appeared in the Daily News was
read by Chairman Machiros.
Two articles were accepted for the Annual Meeting Warrant on the
recommendation of M.M.A. The first to support an amendment to the FY94"',
state budget to guarantee that cities and towns receive the full $47
million growth in lottery revenues . The second to support legislation
to establish in state law a Local Roads Fund to ensure a fair and
predictable share of state gas tax collections for distribution to cities
and towns for use on local roads.
At the request of the Greater Newburyport Chapter of United Way of
the Merrimack Valley, the month of March 1993 was proclaimed American
Re'd Cross Month. "
At 8 p.m. in accordance with Chapter 138 of the Mass General Laws,
a legal notice was read by Chairman Machiros for a public hearing on the
application of Clifford Willey d/b/a Dick' s Variety to transfer the
Wine and Malt Beverage-Package Goods license held at 29 Plum Island Blvd.
to Robert C. Ducott Jr. at the same location. Principals Clifford Willey
and Robert Ducott were present. Hearing no opposition it was moved by
-Alan Adams and seconded by Joe Tevald to close the hearing and take
the matter under advisement. The hearing was reopened and the transfer
was unanimously granted. All documents will be forwarded to the ABCC
for final approvals.. .
Chairman Machiros introduced Paul Turbide of Port Engineering. Mr.
Turbide has been the Town Engineer since 1975 . Mr. Turbide gave a
presentation of the mining process at the landfill and discussed the
proposed plans and hopes of the Town for the next several years, all
contingent on future DEP approvals. At the end of the presentation Mr.
Turbide answered questions from the audience.
Dick Cunningham, ACO, announced a Rabies Clinic to be held on
Wednesday, March 24th at the Fire Station on Morgan Avenue from 2 to 4p.m.
Dr. John Grillo will conduct the clinic. The cost will be $7/vaccination.
Cats should be in carriers and dogs on leashes .
Mr. Cunningham also advised the Board that he was investigating the
possibility of a backup replacement for Jim Cunningham, Assistant ACO.
A recommendation to the Board will be forthcoming.
The period for acceptance of warrant articles was officially closed.
Selectmen' s Meeting (cont'd) March 9, 1993
The meeting was adjourned at 10 :30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
March 23, 1993
Chairman Machiros opened the meeting at 7 : 15 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
March 9, 1993 W36 $123 , 926 . 38
Pw36 88,778 . 42
March 16, 1993 W37 43 , 145 . 35
PW37 24, 848 . 12
Mr. Ronald Garand, Newbury Engineering, 40 Boston Road, Newbury,
submitted a second application to the Board for a Class II license
at his Boston Rd. address . A letter to Mr. Garand from Charlie Powers,
Zoning Enforcement Officer and Building Inspector, dated 3/22/93
was read. Mr. Powers denied Mr. Garand' s request as it is not a
permitted use according to Section 4 . 1 . 3 of the Zoning by-laws. It
was moved by Selectman Adams and seconded by Selectman Tevald to advise
Mr. Garand that his request was denied as it is not a permitted use
as a customary home occupation in an Agricultural/Residential
district in the Town of Newbury.
A request for the use of the Upper Green by People' s United Methodist
Church for a flea market on Saturday, July 10, (raindate July 17) was
approved.
A four day special permit #27-30 for the sale of wine and beer was
approved for Warren Kelly of Vernon Promotions for April 1 thru April 4
for a "Fishing & Water Ski Expo" at the Olde Byfield Expo Center.
The fee for the license will be $100 and is contingent on the receipt
of proof of liability insurance from Vernon Promotions.
A request was reviewed from the Byfield/Newbury Little League to
establish a food booth at Pearson Field as a fund raiser. the sales .
of food would consist of hotdogs, soda, chips and cookies and the
booth would also serve as storage for league equipment. The League
also asked if the Town would investigate the possibilty of lighting
the area to discourage vandalism and at the same time light the
children' s playground area. A second request from BNLL asked the
Board to consider allowing the Little League use of an approximately
5 acre portion of town owned property on Orchard St. known as the
Great Meadow Farm to build two baseball diamonds. A motion was made
by Selectman Adams and seconded by Selectman Tevald to pursue both
Selectmen' s Meeting (cont'd) March 23, 1993
proposals. Selectman Tevald will investigate and follow up with a
recommendation.
Mock Town Meeting will be held on Thursday, April 8th at 8p.m. at
the Byfield Town Hall .
At 7 : 30p.m. the legal notice of the Public Hearing being held by
Mass Highway Department was read by Chairman Machiros who then turned
the hearing over to Kelly O'Neill, Project Manager of Mass Highway.
Ms . O'Neill gave a brief explanation of the proposed Route 1 Bridge
Project. Mr. Darren Conboy of Barnes & Janis spoke on the location,
project purpose and limits and proposed improvements to the bridge.
Noel Bolger of the Right of Way Bureau discussed land takings - and
easements as per Chapter 79 of the MGLs. The hearing was then opened
to questions and comments from Federal and State Representatives, Town
Officials, and finally to the public. Frank Cousins, State Rep for
Amesbury, Newburyport and Salisbury was present. A question raised on
the location of the proposed MBTA layover terminal and its effect on
crossing gates could not be fully answered to the satisfaction of the
Board. Mr. William Quinlan of the MBTA stated that the question
would be investigated and a meeting would be set up with the Board of
Selectmen to resolve any potential crossing problems. The hearing was
closed by Ms . O'Neill at 8 : 10 p.m. Chairman Machiros thanked Mass Highway
and their associates for the informative hearing. He expressed his
appreciation to Rep. Cousins for his presence at the hearing and his
spirit of cooperation on the final resolve of the Railroad. Any
communications regarding the crossing questions will also be directed
to Mr. Robert Brown of Middle Road.
Chairman Machiros advised the Board that preliminary drafts of the
Town Meeting Warrant were ready with the exception of two budget articles .
ACO, Dick Cunningham, reminded the Board of the Rabies Clinic on
Wednesday, March 24th from 2 to 4 p.m. Cost of vaccinations will be $7 .
VA hearing was set for April 13th at 7 :30p.m. on the layout of Great
Meadow Road.
The meeting was adjourned at 8 : 20 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
April 13, 1993
The meeting was opened at 7 : 45 p.m. by Chairman Machiros. Selectman
Joseph S. Teaald and Alan I. Adams were present.
The following warrants were signed by the Selectmen:
Selectmen' s Meeting (cont' d) April 13, 1993
March 23 , 1993 W38 $ 44, 436 . 65
PW38 93, 116 . 59
March 30, 1993 W39 165, 848.84
PW39 18, 499 . 43
April 6, 1993 W40 73, 842 . 11
PW40 89, 641 .70
A hearing on the layout of Great Meadow Road was opened by
Chairman Machiros . Carleton Brown of Port Engineering representing owner,
John Karahalis, explained the. layout of the road which he stated was
constructed according to the subdivision plan approved by the Planning
Board. Phil Osgood, Highway Superintendent, was asked for his
recommendation. He stated the construction of the roadway seemed adequate
and no problems were anticipated. No one was present from the Planning
Board. Questions were answered for a few abutters present. Chairman
Machiros advised that the purpose of this hearing was the layout of the
road. The final authority on its acceptance as a public way was the
voters at Town Meeting on the 20th. Hearing no further questions,
Selectman Adams moved that the hearing be closed and the matter taken
under advisement, seconded by Selectman Tevald. The hearing was reopened
and the layout plans were approved unanimously.
In other business before the Board, Charles J. Maloney requested a
waiver on his application for a Commercial Clamming Permit, which he
had submitted after the March 1st deadline. Selectman Adams explained
that a few exceptions had been allowed. If a person has been a resident
of the Town for one year or a property owner, some regulations may be
waived at the discretion of the Fish Commissioners and the Board of
Selectmen. . this waiver would be allowed for this year only and would
not be given a second time. If all other requirements had been satisfied
the license would be approved. Christopher Jordanais, a 162 year old
first time clammer also applied for a waiver due to late filing of his
application. Waivers were granted to Charles J. Maloney, 44 Riverfront;
Chris Jordanais, Rolfe ' s Lane; Mike Stevens, Anchor Way; Mike and Dennis
Maguire, Church Street; Jeff Foley, Pauls Way.
Gerry Mailley d/b/a C.J. Motors at 86 Newburyport Turnpike applied
for a Class I license. Mr. Mailley stated he plans to obtain a dealership
franchise to sell the ARO Hunter 244, a five seat, 4-wheel drive truck
which will compete with Jeep, Isuzu Trooper and Land Rover. In answer to
a question posed by Chairman Machiros, Mr. Mailley stated he would be
installing a new sign when the franchise was purchased. Hearing no
questions or objections, a motion was made by Selectman Adams and seconded
by Selectman Tevald to approve the license.
A license to buy and Sell gifts etc. was reviewed and renewed for
Alba Goldthorpe, 7 Plum Island Blvd.
A request from Governor Dummer Academy for use of the town beach on
Selectmen' s Meeting (cont'd) April 13, 1993
April 29 (raindate May 20) was temporarily put on hold.
Chairman Machiros advised the Board that the annual franchise fee
from Continental Cablevision in the amount of $894 .50 had been received.
A request from the Newburyport Harbormaster was approved to allow
the Newbury Harbormasters Department to assist Newburyport with traffic
control on the water the evening of the Yankee Homecoming Fireworks.
This approval was given pending proof of liability insurance by the
hosting community. f
Mr. John Pearson submitted a proposal todonate a small parcel of
land on Fruit Street to the Town. It was the recommendation of the
Board that this land be accepted. Mr. Pearson will be responsible for
filing the deed at the registry and any other associated costs .
Chairman Machiros extended a personal thank you to the Highway Dept. ,
Police and Fire Depts. He praised the work of the highway and emergency
crews during the severe winter and added "the men and women of all these
departments did a great job with limited funds and limited equipment" .
Selectman Adams added "it has been a community effort and everybody has
pulled together. I 'm proud to be a part of the system" . Selectman
Tevald also praised the departments for a really good job. He said "I
know there is still a great deal of work left ahead and funds are limited,
but I am sure the efforts will continue and the people will appreciate
it" . Chairman Machiros also added that the highway budget really gets
hit the hardest in times like these and this department will get first
financial consideration when funds become available.
Dick Cunningham advised the Board that the warrant for the Annual
Town Meeting had been posted.
The meeting was adjourned at 8 :30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
April 27, 1993
Chairman Machiros opened the meeting at 7 : 45p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
April 13 , 1993 W41 $109, 438 . 61
PW41 25,334 .77
April 20, 1993 W42 65, 835 . 89
PW42 88, 000 . 15
Congratulations were extended to Joe Tevald on his re-election to
J
Selectmen' s Meeting (cont'd) April 2Ti, 1993
the Board of Selectmen. It was moved and seconded to reappoint Angie
Machiros as Chairman of the Board and Joe Tevald as Clerk of the Board.
Chairman Machiros extended a welcome to all new electees and stated that
the Selectmen were here to help if needed.
Rick Ross, 11 Fairview Avenue, representing the Bay Trail Alliance,
presented for approval an outline of the proposed path of the Bay Circuit
Trail . This trail would begin at P.I . Turnpike west of the runways and
pass thru Newbury until it meets the trail in Rowley at Old Rowley Road.
When completed the trail will cover approximately 160 miles from Newbury
to Duxbury and would be set up for hikers, bicyclists, and horse back
riders . ACO, Dick Cunningham, suggested people be discouraged from
bringing their dogs on the trial . The Selectmen approved the proposal with
the stipulation that Mr. Cunningham' s concerns be addressed in the trail
literature. Mr. Ross stated the committee hoped to dedicate the Newbury
portion of the trail on National Trail Day, June 5th.
The resignation of Elizabeth Scaparotti from the Board of Registrars
was accepted with regret.
On the recommendation of the Town Clerks Office, Edward Carpenter,
19 Riverview Drive, was appointed to the Board of Registrars to replace
Mrs. Scaparotti.
Don Rowell, Harbormaster, was appointed as an Assistant Board of
Health Agent for Waterways and Adjacent Lands .
The Personnel Board will hold a joint meeting with the Board
of Selectmen on Monday, May 3rd at 7 :30 p.m.
Four estimates have been received for the painting of the School
House on the Lower Green. They will be forwarded to the Historic
Commission for a recommendation.
The Custom House Maritime Museum informed the Board that a Walk
for Water and Wildlife had been tenatively planned on June 13th. The
walk will begin in Newburyport and end at the Parker River Wildlife
refuge. The Board approved the walkathon pending Chief Merry' s okay.
The petitioners from Fordham Way agreed to accept the recommendation
of the Fire Engineers and Police Department making Fordham Way a one-way
from Southern Blvd. to Sunset Blvd. Their concern about the speed of
vehicles using the road will be addressed on the advice of Chief Merry.
A Wine & Malt Beverage License was signed for J.P. .Lincoln Corp.
d/b/a Byfield General Store.
Chief Merry advised the Board that the E911 Master Street Guide
had been completed. The Assessors have letters ready to mail indicating
Selectmen' s Meeting (cont'd) April 27 , 1993
address changes allowing time for questions from property owners prior
to the July 3rd deadline. The Selectmen agreed to set aside the next
meeting on May llth to address questions from the people on these changes .
Only legimate concerns or requests will be heard. The Board thanked
the Assessors, Chief Merry and all the volunteers for a job well done.
A rabies clinic will be held Wednesday, May 5th from 4 to 6 p.m. at
the Fire Station on Morgan Avenue.
The meeting was adjourned at 8 : 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
May 11, 1993
Chairman Machiros opened the meeting at 7 : 45 p.m. Selectmen
Joseph S. Tevald and Alan I. Adams were present.
A briefing was given by Chief Merry to open the E911 hearing. He
stated that the Master Street Address Guide had been completed by
evaluating streets to determine if there were any like names and/or
numbers out of sequence. The work was done by the Assessors Department
with the aid of a group of volunteers who were given the goal of identi-
fying problems and straightening out numbering inconsistencies . During .
a subsequent meeting with a 911 representative, the Master Street Address
Guide was discussed and concerns about street name changes were addressed. -
He was informed at that time that the system can be made to work with
minimum changes as long as the data base is clear as to how to reach the
address in question. Questions and comments were then taken from".the
following persons :
Timothy Oljey, 55 Pearson Drive - requested an explanation as to
why the numbers on Pearson Drive were changed.
(ans: street numbered in the wrong direction)
Robert Foster, 11 Central Court - questioned why his number was
changed. (ans : change due to corner lot allocation of two
numbers, one for each street)
Carol Oljey, 55 Pearson Drive - what is wrong with the numbers as they
are - everyone seems to find the house. (ans: for consistency)
Hugo Owen, 60 High Road - questioned number changes on High Rd.
(ans : changed to comply with new zoning regulations)
Brown, Elm St. - request street name not be changed.
Robert Noonan, 248 High Road - questioned number change.
Vandersande, 5 High Road - questioned how many people the changes will
affect. (ans : most of the town, possibly 97%)
Davis, Northern Blvd. - complaint about the letter, not dated, refers
to a town meeting to be held, does not state when the new
changes will take effect.
Selectmen' s Meeting (cont'd) May 11, 1993
Daubitz, Annapolis Way - no street name change, would agree to East/
West. Cottage industries in town would be deeply affected by
street name changes. Numbering can be handled and is not as big
a problem, but would like no change.
Manuel Pimental , Independence Way - no street name change, .would agree
to East/West.
Mr. Thomas, Columbia Way - asked if the changes were etched in stone
or is there a possibility that no changes will be made. Also
asked why Columbia Way with 12 houses was chenged to Bryn Mawr
which has only 3 houses.
John Matthews, 252 High Road - concerned about number changes on High
Rd.
Goodman, Little Old Town Hill - does not want to chage to Emery Lane
(Mr. Taylor, Board of Assessors, stated he believed Emery Lane
was the legally accepted name of this road)
George Maguire, Columbia Way - agrees with Mrs . Thomas, why change
12 houses for 3 houses (Columbia to Bryn Mawr)
Robin Frankel, 50 Old Point Rd. - seems that 911 is taking the fall
for changes needed to correct Assessors maps . Too great an impact
all at once. Maybe all the streets do not need to be changed
this drastically.
Mr. Taylor admitted that not all the numbering changes were made for
911 . While the Assessors had a good working group of volunteers, it was
a chance to correct the inconsistencies of the town according to the new
zoning regulation. Campbell, Hansbury, Pimental, Jenkins, all of
Independence Way stated they would agree to Independence Way East/West
rather than a complete name change. Letters were introduced from Sylvia
Curran who suggested that her street name be changed to Pothold Road
(16th St. ) and from Mr. & Mrs. Thomas of Columbia Way questioning the
change of 12 houses for 3 houses as mentioned above.
The Selectmen having heard sufficient dialogue on the subject moved
that the hearing be adjourned and the matter taken under advisement. A
motion was made by Alan Adams and seconded by Joe Tevald to table the
street changes unless clearly necessary and to continue the hearing to
Tuesday, May 25th at 7 : 30 p.m. , thereby allowing time for the Selectmen
to look into the matter.
The meeting was adjourned at 10p.m. for a five minute recess . At
10 : 05p.m. the meeting was reopened and the secretary' s report was read
and accepted. The following warrants were signed by the Selectmen:
April 27 , 1993 W43 $151, 868 . 82
PW43 22, 451 . 29
May 4, 1993 W44 370, 466 . 63
PW44 84,322 .74
Chairman Ma.chiros announced that trash pickup on Plum Island
would begin on Monday 5/24 and the Jiffy Johns would be installed on
Thursday, 5/27 .
- - -- ____
� � M
W
� CID
x
p J ��
Selectmen' s Meeting (cont'd) May 11, 1993
Two requests were approved for street signs (SLOW-CHILDREN PLAYING)
on Silver Ledge Rd. and on Jackson Way, providing signs are available
or when monies become availabe to purchase signs.
A request from the Newburyport Grand Prix Committee for assistance
with their race from the NewburyHarbormasters Department was approved
pending proof of liability insurance from the hosting committee.
A permit to open and excavate the intersection of S. Pond Street. and
Graham Avenue for the purpose of corrosion control by Essex County Gas
Company was granted tentative to approval from the Highway Superintendent.
An installers permit was reviewed and approved -for Steve Nicholl .
A license for the sale of homemade cakes and pastries was approved
for Mary Ross d/b/a Country Cupboard.
Perc season will begin Monday, May 17th and continue to June 17th.
Testing was delayed due to inclement weather and the high.il. ground water
table. The charge this year will be $75 each perc, maximum two hour
period. Each additional hour will be $40 .
Notice was received from the ABCC of a one day suspension of the
liquor license held by the Beachcomber. . Chief Merry was instructed to
pickup thelicense on June 21st by 9a.m. and return the license to the
Beachcomber on the following day, June 22nd.
The meeting was adjourned at 10: 45 p.m,
Respectfully submitted,`
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
May 25, 1993
Chairman Machiros opened the meeting at 7 : 30 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present. Chairman Machiros
advised those present that this would be an informal meeting on the
street name and numbering changes. More input was being sought from the
public. After hearing the dialogue of the May llth meeting, the haws had
been researched and it was found that the power to name streets belongs
with the Planning Board (Board of Survey) . All Boards involved (Planning
Assessors, Selectmen, Police) were present at tonights meeting and it was
hoped that the issues might be resolved. Questions, comments and discussion
were taken in an orderly fashion. At the end of the discussion period,
Chairman Machiros asked for an informal show of hands for or against the
changes. The vote was 3 for and 45 against. He directed the Planning Board
and Board of Assessors to work together to lessen the impact on the town
Selectmen' s Meeting (cont'd) May 25, 1993
and not make street name changes unless absolutely necessary, keeping in
mind that the #1 responsibility is protection of the health and safety of
the community. Chief Merry was asked to contact the state and inform them
that the Master Street Address Guide might not be ready by the July 3rd
deadline and ask if this would jeopardize the town in any way.
The meeting was adjourned at 9 p.m. for a 5 minute recess. At 9 : 05 p.m
the meeting reconvened.
A course of action was outlined by Planning Board member, Bruce
Saunders . 1st, immediately advise citizens not to take any further action
and make no changes. It was suggested this might be accomplished with a
post card mailing within the next few days . 2nd, have Chief Merry check
on the July 3rd deadline and the possibility of an extension. 3rd,
utilize the information and work of the volunteers if changes are needed.
See what the data base will accept and concentrate on changing only
what it will not accept. Chief Merry advised that any inequities would be
thrown out by the computer and the data would have to be hand entered.
If this hand entered information caused a delayed response to a 911 call,
the Town would be legally responsible unless a waiver had been signed by
the property owner. 4th, to make the plan work with minimal impact, all
houses must have a correct number attached in plain view and all street
sighs must be properly in place and in good repair. 5th, have a hearing
on the implementation plan when in place to keep the citizens advised.
A motion was made and seconded to proceed as outlined keeping in mind
that we must try to lessen the impact on the townspeople and at the
same time protect the town from any liability.
In other business before the Board, Chairman Machiros advised that
a check in the amount of $200 had been received from September Productions
in appreciation for use of the town beach to shoot a commercial .
A request for use of the Upper Green by the Plum Island Mothers Club
for their Annual Flea Market was approved for Saturday, August 21st
from 9a.m. to 3 p.m.
A hearing was set for the "layout" of Black Duck Circle on Tuesday,
June 8th at 7 :30 p.m.
A pole hearing was set for June 8th at 8 p.m. on the petition of
Mass Electric and New England Telephone & Telegraph, plan F641 dated
April 12, 1993 to locate four new poles on Forest Street.
An installers permit was reviewed and renewed for N.A. Nichols Realty
of Amesbury.
Common victualler, parking lot, Sunday ice cream and milk licenses
were approved for James Trider d/b/a Oceanfront Beach Club.
On the recommendation of Chief Merry the following persons were
Selectmen' s Meeting (cont' d) May 25, 1993
appointed as lifeguards for the 1993 Summer Season:
Fulltime: James O'Hara, Jodi Murphy, Jason Ryder, Emily Hopping,
William Carter, Sandy Sarney, Liana Magner, Andrew
Bernier, Eve Gagne, Rachelle Verrier
Part time: Jeffrey Eaton, Stephen Chaisson
On the recommendation of the Library Baord of Trustees, Suzanne M.
Hussey was appointed to a part time position to fill the vacancy left by
the resignation of Barbara Purinton. This appointment was made
contingent on Personnel Board approval .
On the recommendation of the School Committee, Margaret Stone was
appointed to the School Building Committee to replace Gerry Reed.
Two one-day special permits for the sale of Alcoholic Beverages
were approved for Governor Dummer Academy for June llth & 12th.
The following warrants were signed by the Selectmen:
May 11 , 1993 W45 $146, 607 .56
PW45 21, 471 .83
May 18, 1993 W46 33 , 937 . 91
PW46 88, 555 . 52
The meeting was adjourned at 9 : 45 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
June 8, 1993
A one time waiver was granted to Robert Fahey, 3 50th Street to
allow him to file a late application for a commercial clamming license.
A public hearing on the layout of Black Duck Circle was opened at
7 : 50 p.m. The legal notice for the hearing was read by Chairman Machiros
Appearing in opposition - no one. Appearing in favor: Jean & Charles
Bashaw and Tina and John Spellman. Phil Osgood, Highway Superintendent,
advised the Board that the road was built according to the specifications
of the Planning Board and he did not anticipate any problems . A letter
for the Planning Board recommending acceptance of Black Duck Circle was
also introduced. A motion was made by Selectman Adams and seconded by
Selectman Tevald to close the hearing and take the matter under advisement.
The hearing was reopened and it was voted unanimously to approve the a'.
layout of Black Duck Circle. The acceptance of the road as a public way
will be voted on at the Special Town Meeting on June 22nd.
A 8 p.m. a public hearing was held on the petition of Mass Electric
and New England Telephone & Telegraph, Plan #F641 dated April 12, 1993,
Selectmen' s Meeting (cont'd) June 8, 1993
to locate 4 new poles on Forest Street adjacent to property owned by the
Commonwealth of Mass, Division of Fish & Game. Appearing in opposition:
no one. Appearing in favor: Jack Moynihan of Mass Electric. A motion
was madeby Selectman Adams and seconded by Selectman Tevald to close
the hearing and take the matter under advisement. The hearing was reopened
and the petition was approved as presented.
On the recommendation of the Harbormaster the following persons were
appointed for FY94 to the office of Harbormaster and Special Police for
Surrounding Shores: Harbormaster, Donald E. Rowell ; Deputy Harbormaster,
Andrew Avelis Sr. and Roger Merry; Harbormaster Sargent, Glenn Gavin;
Assistant Harbormasters, Andrew Avelis Jr. , Brendan Stokes, Richard Olsen,
Michael Nixon and Stephen Callery.
On the recommendation of F. Ryeburn Lynch, Chairman of the Council on
Aging the following persons were appointed to the Council : F. Ryeburn
Lynch, Mary Rogers, Archie Manoogian, Richard Joy, Hazel Potter, Dorothy
Williams, Desiree Rogers, Mary Hudson, Elizabeth Sayers, J.C. Dennis.
The Board extended their sincere thanks and appreciation to the Council
for all the time and effort they give to the Town.
A petition was received from 16 residents of Hay St. requesting the
placement of "SLOW" or "CHILDREN PLAYING" signs between High Road and the
Pratt Farm entrance for the safety of the neighborhood. The request was
approved and will be forwarded to Chief Merry and the Highway Department.
Mr. Osgood, Highway Superintendent, advised that signs were on order and
could be put in place as soon as received.
The warrant for the Special Town Meeting to be held on June 22, 1993
was read and signed by the Selectmen.
Dick Cunningham inquired as to who has the authority to allow place-
ment of memorial markers in the old burial ground on High Road. He was
advised that the Board would look into his inquiry and get back to him
with an answer.
Mr. Cunningham as ACO was asked for some guidance on the rabies
situation. He stated that the procedures outlined in the bulletins
issued from his department should be closely followed such as "keep away,"
from wildlife" , call the ACO if there is a suspicious animal around,
contact your vet and/or ACO if your animal is bitten and avoid contact
with that animal, use gloves to handle any animal suspected of being bitten
by a wild animal . He also cautioned that while your animal is protected
by their rabies vaccination - people are not.
Chairman Machiros advised the Board he would be meeting with
DEP on Wednesday (6/9) regarding the continued mining of the landfill .
Perc season will be extended until all properties on the list are
Selectmen' s Meeting (cont'd) June 8, 1993
completed. It was moved and seconded to raise the fee for septic and well
inspections from $25 to $50 effective immediately.
A motion was made and seconded to maintain the policy that septic
installers must be certified by the Town. This policy is for the
protection of the people.
The following warrants were signed by the Selectmen:
May 25, 1993 W47 - -$ '.38,2231.10 ,
PW47 �' 221698 :27:
June 1 , 1993 W48 179, 362 . 16
PW48 87 , 709 .76
The meeting was adjourned at 8 : 45 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
June 22, 1993
Chairman Machiros opened the meeting at 8 :30 p.m.., immediately
following the Special Town Meeting. Selectmen Joseph S. Tevald and
Alan I . Adams were present.
The following warrants were signed by the Selectmen:
June 8, 1993 W49 $ 48, 146 . 14
PW49 22, 281 . 41
June 15, 1993 W50 80, 138 . 76
PW50 102, 407 . 56
On the recommendation of Mike Tracy, Director of the Summer
Recreation Program, it was moved by Selectman Adams and seconded by
Chairman Machiros to appoint the following persons as couselors for the
93 Summer Season: Mike Tracy, Lia Haley, Dan Balkus, Jay Romano, Katie
Tracy, Carolyn Crowley, Andrea Putur, -Penelope Stranc, and Jeremy Tevald.
Selectman Tevald abstained from the vote.
On the- recommendation of ACO, Dick Cunningham, Madelyn Cirinna was
appointed to a one year term as Assistant ACO.
A hearing was held on the request of Essex County Gas Company for a
permit to open and excavate Knobb Hill (approximate distance 1100 feet)
for the purpose of installing a gas main and service. Appearing against:
Phil Dunphy, 17 Knobb Hill and Steve Reydel , 8 Knobb Hill . A petition
was introduced against the installation of a gas line signed by 16
residents of Knobb Hill . .Letters of opposition were also introduced from
the Childs, 16 Knobb Hill ; the Reydels, 8 Knobb Hill ; and Yvonne Buswell ,
9 Knobb Hill . Appearing in favor: no one. Selectman Tevald stated that
Selectmen' s Meeting (cont' d) June 8, 1993
in his opinion the Gas Co. had handled the situation badly as he had
numerous complaints from neighbors . The scope of the surveyfor the Dig
Safe went beyond the extent needed for the proposed excavation and it was
too great an impact on the residents . It also seemed to him to be
illogical to tear up a four year old street now in perfect repair to
service one house. Highway Superintendent, Phil Osgood, confirmed that
once a new street is excavated it is never the same. It was moved
by Selectman Adams and seconded by Chairman Machiros to close the hearing
and take the matter under advisement. Selectman Tevald abstained from
voting. The hearing was reopened and the permit was denied based on the
information before the Board. The Gas Company will be directed to
remove the paint from the street and private properties . A motion was
made by Selectman Adams and seconded by Chairman Machiros that future
policy will be "permit approval prior to dig safe surveys" . The Board
suggested to Pau Daubitz, Chairman of the Planning Board, that gas lines
be considered at the time of subdivision approval to prevent future problems
On the recommendation of Chief Merry appointments to the Police Dept.
were approved for FY94 .
Mr. Daubitz advised the Board that the Planning Board meeting
scheduled on June 29th at 6:30 p.m. would be open to the public as an
informational session on E911 .
A license for the sale of gifts etc. was reviewed and renewed for
Gail Gandolfi d/b/a Flukes & Finds .
An installers permit was approved for R.A. Briscoe of Groveland.
ONe day special permits #14 & #15 for the sale of alcoholic beverages
were approved for Governor Dummer Academy for June 27th and June 29th
from 5 to 8 p.m.
A request for use of the Upper Green by Charles & Debbie Powers on
Saturday, August 21 from 4 : 30 to 8 : 00 p.m. was approved.
A request for use of the Upper Green by the Historical Society of Old
Newbury on Saturday, September llth from 7 : 30 a.m. to 5 p.m. was approved.
A pole hearing was set for July 13 , 1993 at 8 : 00 p.m. for New England
Telephone & Telegraph Co. , plan #343 dated 6/3/93 to locate an underground
conduit of Rolfe ' s Lane and plan #342 dated 6/4/93 to locate an underground
conduit on Plum Island Turnpike.
The meeting was adjourned at 10 : 00 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
f.
SELECTMEN' S MEETING
June 22, 1993
Chairman Machiros opened the meeting at 8 : 30 p.m. , immediately
following the Special Town Meeting. Selectmen Joseph S. Tevald and
Alan I . Adams were present.
The following warrants were signed by the Selectmen:
June 8, 1993 W49 $48, 146 . 14
PW49 22, 281 . 41
June 15, 1993 W50 80, 138 . 76
PW50 102, 407 . 56
On the recommendation of Mike Tracy, Director of the Summer Recreation
Program, it was moved by Selectman Adams and seconded by Chairman Machiros
to appoint the following persons as counselors for the 93 summer season:
Mike Tracy, Lia Haley, Dan Balkus, Jay Romano, Katie Tracy, Carolyn Crowley,
Andrea Putur, Penelope Stranc, and Jeremy Tevald. Selectman Tevald
abstained from the vote.
On the recommendation of ACO, Dick Cunningham, Madelyn Cirinna was
appointed to a one year term as Assistant ACO.
A hearing was held on the request of Essex County Gas Company for a
permit to open and excavate Knobb Hill (approximate distance 1100 feet)
for the purpose of installing a gas main and service. Appearing
opposition-Phil Dunphy, 17 Knobb Hill and Steve Reydel, 8 Knobb Hill . A
petition was introduced against the installation of a gas line signed by
.16 residents of Knobb Hill . Letters of opposition were also introduced
from the Childs, 16 Knobb Hill ; the Reydels, 8 Knobb Hill ; and Yvonne
Buswell, 9 Knobb Hill . Appearing in favor-no one. Selectman Tevald stated
that in his opinion the Gas Company had handled the situation badly as he
had numerous complaints from neighbors. The scope of the survey for the
Dig Safe went beyond the extent needed for the proposed excavation and it
was too great an impact on the residents . It also seemed to him to be
illogical to tear up a four year old street now in perfect repair to
service one house. Highway Superintendent, Phil Osgood, confirmed that once
a new street is excavated it is never the same. It was moved by Selectman
Adams and seconded by Chairman Machiros to close the hearing and take the
matter under advisement. Selectmana Tevald abstained from voting. The
hearing was reopened and the permit was denied based on the information
before the Board. The Gas Company will be directed to remove the paint
from the street and private properties . A motion was made by Selectman
Adams and seconded by Chairman Machiros that future policy will be "permit
approval prior to dig safe surveys" . The Board suggested to Paul Daubitz,
Chairman of the Planning Board, that gas lines be considered at the time of
subdivision approval to prevent future problems .
On the recommendation of Chief Merry appointments to the Police
Department were approved for FY94 .
Mr. Daubitz advised the Board that the Planning Board meeting
scheduled on June 29th at 6 : 30 p.m. would be open to the public as an
Selectmen' s Meeting (cont'd) June 22, 1993
informational session on E911 .
A license for the sale of gifts etc. was reviewed and renewed for
Gail Gondolfi d/b/a Flukes and Finds .
An installers permit was approved for R.A. Briscoe of Groveland.
One day special permits #14 and #15 for the sale of alcoholic
beverages were approved for Governor Dummer Academy for June 27th and
June 29th from 5 to 8 p.m.
A request for use of the Upper Green by Charles and Debbie Powers
on Saturday, August 21st from 4 : 30 to 8 : 00 p.m. was approved.
A request for use of the Upper Green by the Historical Society of
Old Newbury on Saturday, September llth from 7 :30 a.m. to 5 p.m. was
approved.
A pole hearing was set for July 13 , 1993 at 8 : 00 p.m. for New
England Telephone & Telegraph Co. , Plan #343 dated 6/3/93 to locate an
underground conduit on Rolfe ' s Lane and Plan #342 dated 6/4/93 to locate
an underground conduit on Plum Island Turnpike.
The meeting was adjourned at 10 : 00 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
July 13 , 1993
Chairman Machiros opened the meeting at 7 : 40 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
June 22, 1993 W51 $189, 824 . 89
PW51 27 ,897 . 97
June 29, 1993 W52 39, 203 .39
PW52 261 , 357 . 46
June 30, 1993 W53 74 , 092 .71
PW53 13 , 271 . 28
W54 29, 901 . 63
PW54 918 . 68
July 6, 1993 W1 38, 261 . 85
PW1 10, 107 . 73
Joan Weyburn, School Building Committee member asked the Board for
approval of an additional $120, 000 for the revision of the construction
documents for the Newbury Elementary School Project. This project
Selectmen' s Meeting (cont' d) July 13 , 1993
received final approval from the State Department of Education on 6/22/93 .
She explained that the plans must be updated to comply with the revised
Mass Bldg. Code and the new ADA regulations prior to going to bid. This
$120, 000 is to be part of the originally approved 14 . 1 million.
Optimistically she stated they hoped to begin construction by mid
November, hoping for completion by September 1995 . Selectman Adams advised
that a mid November start date would almost certainly lead to cost over-
runs . Selectman Tevald questioned when the money would start showing
up. Mrs . Weyburn said she believed it would be paid yearly over a
period of 20 years, 69� on the dollar by the State and 31G by the Town.
Chairman Machiros stated, this additional money is not available from
current funds . The Board would have to research the original article of the
December 1988 Town Meeting to see if this additional funding must go to
a vote of the people. If a vote is needed, a meeting could be scheduled
within the next six weeks. It will be researched and a decision made at the
next meeting on July 27th.
At 8 p.m. the legal notice was read by Chairman Machiros for a
Public Hearing on the petition of N.E.T. &T. Co. , Plan #343 dated 6/3/93 to
locate an underground conduit on Rolfe ' s Lane and Plan #342 dated 6/4/93
to locate an underground conduit on Plum Island Turnpike. Appearing in
favor: R. G. Steffans, Engineer from N.E.T. &T. Co. He explained
that the conduit on Rolfe ' s Lane was for residential use and the conduit
on Plum Island Turnpike was for a fiber optic cable. Appearing in
opposition: no one. It was moved by Selectman Adams and seconded by
Selectman Tevald to close the hearing and take the matter under advisement.
The hearing was reopened and the petitions were granted as presented.
John Casazza, 121 High Road, appeared before the Board with a
nuisance complaint against Tendercrop Farm. He alleged that refrigerator
trucks are run day and night and the noise from the diesel engines is
very disturbing. Skip DelTorchio, 9 Hay Street, agreed with Mr. Casazza.
He stated that for a short while Tendercrop was running the trucks with
electric motors behind a canvas screen and the noise was not as bad.
However, they have resumed the use of diesels . Mr. DelTorchio commented
that what started out as a local farm stand has become a truck fart and
they were looking for some relief from the noise made by these trucks .
Charlie Powers was asked for a report on his last investigation. He
stated he had spoken with Matt Kozacki of Tendercrop last summer and
Mr. Kozacki had placed screens around the trucks as a buffer. this
seemed to help at the time. Chairman Machiros asked Mr. Powers to speak
with Mr. Kozacki again to see if there is some relief available and
to stay on the problem .until it can be resolved. He also asked that
Mr. Powers check to see if there are any zoning violations associated
with this operation that should be addressed.
Chief Merry spoke to the Board regarding the Harbor Schools . He
stated that while past difficulties had been resolved, problems with
theft and runaways over the last few months have spilled over to
neighboring towns. He had arranged a meeting with DDS and the director of th
Selectmen' s Meeting (cont'd) July 13, 1993
school to determine where the problems lie. Chairman Machiros stated
that while we understand the nmeed to help these children, we will
not stand for the community being jeopardized. He asked Chief Merry to
carry a message to the school meeting that we will not tolerate these
continued problems . The town will take action if necessary. The Chief
was asked to report the results of the meeting to the Selectmen.
A permit was approved for Essex County Gas to open and excavate
Morgan Avenue and S. Pond Street to install a new service.
A dog hearing was set for July 27th at 7 : 45p.m. on a complaint
made by Beulah Hardy against dogs owned by Larry Rogers . ACO, Dick
Cunningham requested that the Board assign someone else to investigate
the complaint to avoid possible accusations of collusion. Chairman Machiros
asked Chief Merry to assign an officer to this investigation.
On the recommendation of the Harbor Commission the following persons
were reappointed to the commission: Howard Fernald Jr. , Donald Rowell ,
Phil Kimballm Ronald Filmore, Mark Yelinek, Peter Courtney, Alfred
Thurlow, Edmund Sheppard, James Rambus, Brendan Stokes .
All other town appointments will be continued with the exception of
the Assessors Office. This appointment is to be made by the board of
Assessors . A list of all appointments for FY94 is on file at the
Selectmen' s Office.
A request for use of the Upper Green was approved for People ' s United
Methodist Church for a flea market on Saturday, Sept. 18 (raindate 9/25) .
A request for use of the Upper Green was approved for the Immaculate
Conception School for a picnic following the Yankee Homecoming Parade
on Sunday, August 8th.
The resignation of Donald Gravelle from the Board of Registrars
was accepted with regret.
A one day special permit #16 for the sale of alcoholic beverages was
approved for Richard Simkins d/b/a Country Catering for a Chamber of
Commerce mixer at Perennial Gardens, Wednesday, July 14th from 4 :30
to 7 : 30 p.m.
The following licenses were reviewed and renewed;
Parking Lot - Gloria Merola d/b/a Beachcomber
Common Victualler, Sunday, Milk - Elizabeth Wood d/b/a the Plum Cafe
Beauty Shop - Cheryl Mahoney d/b/a Cheryl ' s Island Clip
Buy & Sell Gifts etc. - Carolyn Thurlow d/b/a The Stable
Selectmen' s Meeting (cont'd) July 13, 1993
Under Chapter 61A the Board agreed to release an option to purchase
property, Lot 6S Elm Street owned by David S. Caldwell Corp.
The meeting was adjourned at 9 : 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
July 27 , 1993
Chairman Machiros opened the meeting at 7 :30 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
July 13 , 1993 W2 $128, 475 . 08
PW2 43 , 688 . 54
July 20, 1993 W3 115, 586 . 52
PW3 28, 131 . 96
June 30, 1993 W55 104,801 . 04
Charlie Powers, Compliance Officer, reported on his investigation of
Tendercrop Farm. He stated, the owner, Matt Kozazcki, had been very
cooperative and appeared to be trying to work with the neighbors . The
vacuum cooler which is used each day to quick chill produce after
picking rarely runs after 8:30 or 9p.m. This equipment is a necessary
part of the operation of this business as are the refrigerator trucks.
Mr. Powers stated that Mr. Kozazcki is operating a permitted business in
an Agricultural/Residential area and this business requires the use of this
type of equipment. He had no objections to this operation is run reasonably,
The Board stated for the record that (1) no violation has been found
as it is a permitted use (2) the equipment was an integral part of
operating the farm. The situation will continue to be monitored.
Chief Merry reported on his meeting with the Director of DSS, Joel
Tragash; Executive Director of Harbor Schools, Arthur Dimaura; and Program
Director of Harbor Schools, Stevan Cole, regarding the frequency of
runaways, methods of reporting their absences and school policy regarding
their retrieval . Chief Merry explained that the meeting had been beneficial
and while all the problems were not solved, he hoped that by trying to work
together some of the burden would be lifted from the communities and
the police departments . He also had been informed that restitution would
be made for any thefts or vandalism involving Harbor School students if
proof was provided. The Board reiterated their policy of cooperation
with the school but if problems continue, school officials will be
asked to meet with the Selectmen.
An installers permit was renewed for Gary Bill of West Newbury.
One day special permits for the sale of alcoholic beverages were
Selectmen' s Meeting (cont'd) July 27 , 1993
approved for Richard Simkins d/b/a Country Catering on Aug. 21st from
1-6p.m. , Aug. 14th from 3-8p.m. , Sept. llth from 3-8p.m. and for
Protection Fire Co #2 for June 30th from 7p.m. to midnight.
A request for use of the Upper Green by First Parish Church was
approved for Sunday, Aug. 8th from 6a.m. to 6p.m.
Permits were approved for Essex County Gas Co. to open and excavate
the following streets to renew gas mains and related services: Green St.
(approx. 301 ) , Hanover St. (approx 225 ' ) , Tenneys Court (approx. 230 ' ) ,
Littles Lane (approx. 425 ' ) , Rolfes Lane (approx. 2200 ' ) , withington St.
and Anchors Way. These permits were approved pending a meeting with
Distribution Supervisor, Donald Searle, to discuss the restoration of
the streets on completion of the project.
At 8 : 20 p.m. the meeting was adjourned for a 10 minute recess. A
motion was made and seconded at 8 :30 p.m. to reconvenen the meeting.
In accordance with the provisions of MGL T.E. Chapter 140, section 157,
a complaint issued by Beulah Hardy, 35 Central St. , against dogs owned by
Larry and Barbara Rogers, 27 Central St. was read. All parties wishing to
testify were sworn to tell the truth by Chief Merry. Mrs. Hardy, the
complaintant, testified that the Rogers dogs had been quiet for the past
week because of the hearing but for the last six months she has been kept
awake all night by . their constant barking. She asked that the dogs be put
away from the houses so they could not be heard. She stated that other
neighbors were reluctant to come forward for fear of retaliation by the
Rogers . Chairman Machiros asked if she had personally complainted to the
Rogers . She stated she called once and nothing was done. Other times she
had tried to call and they let the phone ring. She said she knew other
neighbors had called with complaints to the police within the last month.
Chief Merry was asked to check his records for complaints on the Rogers
dogs . He found only one complaint since June 1st and that was from the
Hardys . Mrs . rogers insisted she did not just let the phone ring. She had
recently had one call in the middle of the night from Mrs . Hardy and Mrs .
Hardy swore at her so she did nothing. ONe other call had been received
from another neighbor, not by name, around 6 p.m. to complain because she
wanted to sleep. The dogs do bark but not 24 hours a day. They (the Rogers)
have tried to make improvements but can' t seem to please the Hardys . Mrs .
Hardy insisted that the dogs do bark 24 hours a day and suggested that
the Rogers had used something to keep them quiet this past week during the
investigation. Mrs . Rogers stated that they were doing nothing different
except that the boys were exercising the dogs more. Madelyn Cirinna, Asst.
ACO, was asked for her report on the investigation. She stated she had
spoken with Mrs . Hardy on Tuesday, July 20, regarding her complaint. She
had also spoken with the other neighbors and had no comment from any of them
with the exception of Terry Pawlowski of 41 Central St. who agreed that
the barking was annoying. Mrs . Cirinna visited the Rogers and inspected
the kennel and found that the Rogers had had a kennel license for over
30 years and currently had less than the number of dogs allowed by the licens
Selectmen' s Meeting (cont'd) July 27 , 1993
She found the Rogers to be very cooperative. She had parked in the area
using an unmarked car several evenings until 9 : 15 p.m. and had heard no
excessive barking. She asked all the neighbors to call her between 6a.m.
and 10p.m. if there were any complaints and to call the police station
between 10p.m. and 6a.m. No calls were received. Mrs . Hardy alleged that
if Mrs . Cirinna had been there previous to this week she would have heard
the dogs . Mrs. Rogers stated that in her 20 years on Central St. Mrs . Hardy' s
complaints had been in writing to Town Hall or calls to the police. She
had not contacted them directly. Mrs . Hardy stated she felt the Rogers
have a bad attitude. Selectman Machiros queried "what do you (Mrs . Hardy
and Mrs . Rogers) think can be done to help this situation"? Mrs . Rogers
replied, "I don' t think anything will help, unfortunately. Dogs have
good days and bad and the other neighbors are not here to complain. At
this point Mrs . Hardy said "I can see how this is going" and she and Mr.
Hardy left the hearing. A motion was made by Selectman Adams and seconded
by Selectman Tevald to close the hearing and take the matter under advise-
ment. The hearing was reopened. The decision of the Board after hearing
testimony and the report of the Asst. ACO was for "no finding" on Mrs. Hardy' :
complaint. The Rogers were asked to do the best they can and the complaint
was dismissed. Selectman Tevald commented that if for any reason the dogs
had been quieter this week, please continue in the future. Madelyn Cirinna
was thanked for appearing at the hearing and praised for being very
professional in her investigation and testimony.
Due to summer schedules the next Selectmen' s Meeting will be Tuesday,
August 3rd. There will be no meeting on the loth.
The meeting was adjourned at 9 : 10 p.m.
Respecfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
August 3 , 1993
Chairman Machiros opened the meeting at 7 : 20 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
July 27 , 1993 W4 $236,854 . 28
PW4 45, 036 . 88
A permit was approved for Essex County Gas Company to open and
excavate 41 Main Street for the purpose of installing a new gas service.
Chairman Machiros reported on his meeting with Don Searle of Essex
County Gas . He stated the meeting had been satisfactory and Mr. Searle
had assured him that all roadway excavations would be properly
repaired to our specs .
Selectmen' s Meeting (cont' d) August 3, 1993
On the recommendation of the Town Clerk, Harry Fish of 3 Tory Lane
and Charles Knight of 8 Bittersweet Lane were approinted to the Board
of Registrars.
A letter of apology was received from Beulah Hardy, 35 Central Street
regarding her actions at the dog hearing held on July 27th.
Chairman Machiros advised the Board that a draft of the "consent
agreement" for the continuation of the landfill had been received from
DEP. A meeting will be scheduled to review this document prior to
finalizing this agreement.
Jim Cashman advised the Board that the Bond Company was apologetic
for delays on their part but as yet nothing has been finalized on the
landfill bonds .
The Board of Assessors will be advertising and interviewing for a
part time person for their office. The Selectmen will act on their
recommendation.
Official notice has not yet been received from the State on our
School Building Project. Chairman Machiros also advised the Board that
Richard Passeri and the School Building Committee were working diligently
on resolving a potential conflict with MBTA regarding the forced main
for the addition.
The next Selectmen' s Meeting will be September 14, 1993 .
The meeting was adjourned at 7 : 40 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
September 14, 1993
Chairman Machiros opened the meeting at 7 : 40 p.m. Selectmen Joseph
S. Tevald and Alan I . Adams were present.
Chairman Machiros read the legal notice for a public hearing on the
petition of Mass Electric and N.E.T. & T. Co. , Plan #643 , dated 7/7/93 ,
to locate . one new pole (28/11-50) on Old Rowley Road. Mr. Moynihan of
Mass Electric explained that the pole would provide service to a new
customer and would also cut the span distance from over 200 ' to 110 ' .
Appearing in opposition - no one. Appearing in favor - J. Moynihan. A
motion was made and seconded to close the hearing and take the matter
under advisement. The meeting was reopened and the_pettion .was unanimously
granted as presented.
Selectmen's Meeting (cont'd) September 14, 1993
Walter Montgomery of Essex County Mosquito Control Project and Carol
Ferrari a resident of Greentree Lane addressed th Board with a proposal
for additional private mosquito spraying for Greentree Lane/Longbrook
Road area, to be funded by the residents of this neighborhood. Mr.
Montgomery explained that the ECMC was indemnified to spray privately
and suggested that ECMC could assess the town for this additional spraying
service and the town in turn could bill the residents involved. Anyone
not wishing to participate could mark their property accordingly and would
not be sprayed or charged. Appearing in opposition - no one. Appearing
in favor of this proposed project: the Ferraris, 31 Greentree Lane,
Mahoneys 13 Longbrook Drive, Lennons 14 Longbrook Drive, Adamiks 19 Greentree
Lane, Cannells 6 Greentree Lane and O' Sullivans 20 Greentree Lane. Chairman
Machiros suggested Highway Superintendent, Phil Osgood meet with Mr.
Montgomery to check the area for drainage problems . It was moved and
seconded to approve the project pending investigation of legalities by
Town Counsel . The Board agreed to contact Mr. Montgomery prior to the
beginning of the season to complete arrangements.
A Public Hearing was scheduled for September 28th at 7 : 30 p.m on the
application of J.P. Lincoln Corp. d/b/a Byfield General Store to
transfer the retail wine and malt beverage license now held by them back to
Tracy Apothecary Corp. d/b/a Byfield General Store at the same address .
Richard Passeri of the School Building Committee briefed the Board
on the progress of the elementary school addition. He stated the town had
received approval for the grants for the renovation and the next step
was to finalize the construction documents . The Committee was still
waiting final approval from MBTA for the location of the forced main but
the response so far had been satisfactory. The Board approved an authori-
zation to proceed with the revision of the construction documents to reflect
building code and ADA changes .
At 8 : 15 p.m bids received for a 4-wheel drive loader were opened and
read. Two bids were received: Goodall & sons Tractor Co. and Schmidt
Equipment. A motion was made and seconded to close the meeting and turn the
bids and specs over the Phil Osgood, Highway Superintendent for review
and recommendation. The meeting was reopened and at 8 : 20 p.m. bids
received for road materials and equipment were opened and read. Mr. Osgood
returned with his recommendation for the loader. It was moved and seconded
to award the bid to Schmidt Equipment for a 1993 John Deere model 544G
4-wheel drive loader. Goodall was unable to match the required specifi-
cations . The opened bids on road materials and equipment were then
turned over to Mr. Osgood fo his review and recommendation. Bids were
received from Fitzgerald Grading, Newbury Trucking Service Inc. , Allstates
Asphalt Inc. , Brox Industries Inc. , Penn Culvert Co. , Barco Inc. , and
Bardon Trimount Inc. A bid from Pearson Landscaping was rejected for lack
of a bid bond. The one bid received for equipment rentals was also rejected
as not being in the best interest of the town. The bid will be readvertised
in hopes of getting a better sampling.
Selectmen' s Meeting (cont'd) September 14, 1993
Bruce Picard was appointed as Wiring Inspector effective 10/1/93 .
Richard .Lynch has agreed to stay on as Assistant Inspector.
Russell Peirce III was appointed as Assistant Harbormaster on the
recommendation of Harbormaster, Don Rowell .
Jane Smolski of Newburyport was hired to fill a part time (19 hours
per week) clerk' s position in the Assessors Office.
Installers permits were approved for David Clark d/b/a Greenbriar
Builders of Ipswich for the Austin Fields project only and for John Gallant
of Newbury.
Essex County Gas Co. permits to open and excavate Rolfe ' s Lane,
Riverview Drive, and Hay St. for new service and Morgan Avenue for
corrosion control were approved pending a meeting between Ozzie and Mr.
Searle of the Gas Co. to correct repairs on Central St.
A prolcamation was issued naming October 24, 1993 as U.N. Day to
honor the 48th Birthday of the United Nations .
A dog hearing was set for October 12, 1993 at 8p.m. on a complaint
filed by Joyce Munoz against dogs owned by Alfred and Beverly Norris
of Greentree Lane.
P.
Lisa Nicoll from Mass Bays Programs "8 Towns and the Bay Committee"
spoke to the Board on their program to study water quality from Rockport
to Salisbury. Chairman Machiros noted that Newbury had been studied to
death and questioned the availability of funding for -this program. The
Selectmen stated the town was currently a membe rof the Plum Island Mini
Bays study and had been pleased with their accomplishments to date. At
this time the town would not make a commitment to another study program
but would be interested in leaving a line of communication open with the
8 Towns and the Bay Committee for the future. Ms. Nicoll was thanked for
her time and presentation.
Phil Osgood returned to the meeting with his recommendation for
bids on road materials . It was mvoed and seconded to award bids to
Fitzgerald Grading, Allstates Asphalt, Brox Industries and Penn Culvert.
The following warrants were singed by the Selectmen:
August 3 , 1993 W5 $124,705 . 85
PW5 22, 249 . 36
August 10, 1993 W6 54, 173 . 10
PW6 44;894, 64
August 17 , 1993 W7 12, 821 . 62
PW& 23 , 058 . 56
August 24, 1993 W8 155, 472 .73
PW8 42, 912 . 59
August 31 , 1993 W9 171 , 379 . 99
PW9 21, 164 . 83
September 7, 1993 W10 29, 321 . 28
PW10 96, 706 .31
Selectmen' s Meeting (cont'd) September 14, 1993
The meeting was adjourned at 9 :30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
September 28, 1993
Chairman Machiros opened the meeting at 7 :30 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
In accordance with Chapter 138 of the Mass General Laws, the legal
notice was read by Chairman Machiros for a Public Hearing on the
application of J.P. Lincoln Corp. d/b/a Byfield General Store to transfer
their Wine & Malt Beverage-Package Store .License back to John Tracy
d/b/a Byfield General Store, location to remain at 8 Fruit St. , Byfield.
Appearing in opposition - no one. Appearing in favor - John Tracy who
stated the reason for the transfer was that the sale of the store to J.P.
' Lincoln Corp had fallen through. Hearing no questions or discussions
it was moved and seconded to close the hearing and take the matter under
advisement. The hearing was reopened and the transfer was unanimously
approved subject to final approval by the ABCC.
Richard Cunningham questioned the Board as to who has jurisdiction
over the 1st Settlers Burial Grounds for the purpose of erecting new
memorial markers . The Board agreed to pose the question to John Prambert
and Larry Gravelle but stated if the markers were in keeping with the
grounds, they had no problem with the placement of new memorials.
Robert Brown questioned whether there were any new developments on
the MBTA Commuter Rail . The Board was unaware of any, with the exception
of the problem the School Building Committee is having regarding the
forced main for the Round School addition.
Mr. & Mrs . Gaumond of Plum Island inquired about the Towns position
regarding Reverend Sears property on Sunset Boulevard which has been willed
to the town. Chairman Machiros noted that the town has not inspected
the property yet and no decisions have been made on whether or not to
accept this property for the town. ' The Gaumonds asked if they could be
advised when a decision is reached or an inspection scheduled.
At 7 : 45 p.m. in accordance with Chapter 369, Acts of 1982, Section 1 ,
Chairman Machiros read the legal notice for a Public Hearing on the
determination of the percentage of the tax levy to be borne by each class
of real property for FY94 . Mr. Worthen Taylor, Chairman of the Board
of Assessors, addressed the hearing and recommended a single rate of
$11 . 97 per thousand for all classes of property (commercial, industrial
and residential) . Hearing no questions or discussions it was moved and
seconded to close the hearing and take the matter under advisement. The
hearing resumed and the recommendation of the Board of Assessors was
accepted pending final approval by the Department of Revenue.
Selectmen' s Meeting (cont'd) September 28, 1993
At 8p.m. Dr. Garry Murphy, Superintendent of Schools spoke on the
proposed regionalization of grades PK through 12, followed by a short
question and answer session. He announced that an iformational forum will
be held on October 29th at 7 :30 p.m. at the Round School for all who
still had questions or concerns. Residents of Newbury will be asked
to vote on regionalization at the Special Town Meeting to be held on
October 26, 1993 .
A license renewal for a beauty shop was approved for Louise Henry
d/b/a Changes Hair Design.
A request was approved to close off a section of Lunt St. on
Saturday, October 16th from 9 :30 a.m. to 4p.m. for the Community United
Methodist Church Fair.
A request for use of the Upper Green was approved for the lst Parish
Church Sunday School for Sunday, October 10 from 9 :30-11 :30 a.m.
A one day special permit for the sale of alcoholic beverages was
granted to Protection Fire Co. #2 for October 2nd from 7p.m. to midnight.
The fee was waived.
Permits were approved for Essex County Gas Company to open and
excavate Morgan Avenue between Town Hall and the Fire Station to retire
a gas service and West Street and River Road to install a new gas main.
The warrant for the October 26th Special Town Meeting was reveiwed
and signed by the Selectmen.
Paula Tomlinson, one of the new managers of the Mobil Station of
Central Street, addressed the Board regarding their operation of the station
and the transfer of the licenses . Selectman Tevald stated that the first
matter to be resolved was the back taxes owed by the owners . He would
then like to see a long term and short term projection of what the new
managers intedned to do with the station (such as hours of operation,
repair hours, etc. ) . It was moved and seconded to take the matter under
advisement until a public hearing could be held and the tax situation
resolved. Chairman Machiros suggested that the new managers personally
speak with their neighbors, explain to them what they would like to do
with the station and invite them to attend the hearing.
The following warrants were signed by the Selectmen:
September 14, 1993 W11 $28, 303 . 39
PW11 22, 030 . 84
September 21 , 1993 W12. 96, 599 . 54
PW12 69, 631 . 57
The meeting was adjourned at 9 : 50 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary