HomeMy Public PortalAboutSELECTMENS RECORDS 1993-1997 SELECTMEN' S MEETING
October 12, 1993
Chairman Machiros opened the meeting at 7 :30 p.m. Selectmen
Joseph S. Tevald and Alan I. Adams were present.
Legal notice of public bidding for road construction equipment
was read. No one being present for the reading of the bids and only one
bid having been received, the opening of same was taken under advisement
until later in the evening.
A petition signed by eight residents of the Fordham Way area was
presented to the Board by Robert Albrecht, 60 Fordham Way for the removal
of the one-way traffic restriction on the Sunset Blvd. section of Fordham
way. Mr. Albrecht stated the recently imposed restrictions had proved to
be a nuisance and had failed to reduce traffic volume and/or speed.
Chairman Machiros questioned whether Mr. Albrecht had spoken with Paul
Ivaska who had initiated the original petition to have the street made
one-way. Mr. Albrecht stated he had spoken with him and Mr. Ivaska said it
made no difference to him. The new petition will be forwarded to the
the Police and Fire Departments and the petitioners will be advised
of their decision.
Pat Gray asked the Board to consider the transfer of licenses
(common victualler, milk & sunday) for the Island Cafe, 51 Northern Blvd.
from Linda Paulhus to her. Roger Thurlow, previous tenant, spoke against
the transfer stating he still has a court action in progress against the
owners and there are still many code violations in the building. Ms .
Paulhus presented the Board with a copy of an agreement for judgement
against the Thurlows which upon review was found not to be a final court
order. The case is still to be continued. Mrs . Patricia Spalding,
3 18th St. , a direct abutter, read a letter to the Board regarding her
concerns on health, fire, and public safety issues with the operation of
this restaurant. She also cited septic work being done on the premises
by Paul Wilkinson without a valid permit. Mr. Lawrence Dorr, 49 Northern
Blvd. , spoke of his problems involving lack of parking and general upkeep
of the exterior of the property. A motion was made and seconded to take
the matter under advisement. No action will be taken for approximately
four weeks while investigations are conducted. Regarding the charge of
improper septic work, Chairman Machiros stated the septic records would
be checked and Mr. Wilkinson would be called in immediately to answer
these charges . The policy of the Board of Health in the past has been
that once an emergency situation is secured proper permits must be pulled on
the next work day. Installers risk the revocation of their license if
this practice is not followed.
At 8 : 00 p.m. in accordance with the provision of MGL T.E. Chapter 140,
section 157 , a complaint by Joyce Munoz, 25 Coleman Rd. against
dogs owned by Alfred Norris, 1 Greentree Lane was read. All parties
wishing to testify were sworn to tell the truth by Chief Merry. Ms .
Munoz expressed her concerns regarding Mr. Norris ' dogs barking early in
the morning and late at night. Chairman Machiros asked if Ms . Munoz had
Selectmen' s Meeting (cont'd) October 12, 1993
spoken with the owner of the dogs. She stated she had called once around
midnight and had notified the ACO of the problem. She had no other
communication with Mr. Norris. Mr. Norris replied that he had a call one
evening at 11 : 45 p.m but the caller did not identify herself. The
message on the phone was "your dogs are barking" . He claimed his dogs
were not barking at this time and suggested it may have been the neighbor' s
dog. Laurie Phillips, 23 Coleman Road, noted there is a noticeable
difference when one dog or more than one dog is barking and the previous
Sunday there were "dogs" barking between 3 and 4 a.m. Jeanne Cannell , 6
Greentree Lane stated that the Norris dogs are not a nuisance but can be
heard at times. Mr. Norris stated he had lived in town 14 years and had
tried to be a responsible neighbor with his dogs. He breeds show dogs and
they are not allowed to run loose. He stated he was building a new kennel
in the garage area of his home which would be insulated and new windows
would be installed, hopefully to reduce any noise from the dogs . Chairmn
Machiros asked "do we have any latitude in trying to resolve this matter"?
The complaintants replied, "yes, we want to resolve the matter" . Mr.
Norris is a good neighbor but we want the barking stopped. ACO, Dick
Cunningham was asked for his report. He stated he had had a call from
Ms . Munoz in early summer about barking dogs . Until that time he had had
no complaints nor had the Police had any reports . He had visited the area
several times since the complaint was received, arriving after dark
and unannounced and on one occasion heard a dog toward the end of Green-
tree Lane which caused .Mr. Norris ' dogs to bark. Most nights the neighbor-
hood was very quiet. He visited Mr. Norris and toured the new kennel area.
Mr. Norris had started the insulating and sheeting and was concerned
about the neighbors complaints . Dick recommended that a compromise be
reached, allow Mr. Norris to finish the kennel and if barking is heard
from an open window, keep it closed and use a vent fan or air conditioner
if necessary for the dogs comfort. Mr. Norris stated ha had no problem with
Mr. Cunningham' s recommendation except that he would like excessive
barking and early morning and late night defined. The board advised him
that this determination would be made by the ACO. Hearing no further
comments or discussions it was moved and seconded to close the hearing and
take the matter under advisement. The hearing was reopened and on the
recommendations of the ACO, Mr. Norris was given 60 days to complete
his kennel . During this period the neighbors were asked to call Mr. Norris
directly if there was a problem with barking so it could be addressed
immediately. Mr. Cunningham will review the progress on the kennel and
also monitor the area for problems and/or complaints . Mr. Norris was
advised that under the provisions of Chapter 140, section 157 , he had the
right to appeal this decision at the District Court of Newburyport
within 10 days .
A five minute recess was called at 8 :30 p.m. At 8 :35 the meeting
was reconvened.
Richard Viviani, new manager of the Central Street Mobil, addressed
the Board regarding licenses and hours of operation. Selectman Tevald
Selectmen' s Meeting (cont' d) October 12, 1993
advised him that a plan in writing must be submitted to the Board. It
had been suggested to Paula Tomlinson that an 8p.m. closing for repairs
would be reasonable. The Board would look at the plans and a trial period
was probable for the licenses . If during this trial period there are no
problems the Board will review it again. Unfortunately the Board would
be very conservative due to the last owners problems . "We all want
this business to work, we just have to take one step at a time" , said
Selectman Tevald. "Submit you plan in writing and we will go from there" .
John Casazza, 121 High Road, addressed the Board regarding a past
complaint on Tendercrop Farm and Mr. Powers report on his meetings with
the owner. The Board requested that Mr. Casazza wait until the next
meeting when Mr. Powers was available to discuss his actions .
The single bid from Newbury Trucking was opened and the bid bond
was in place. The bids quoted were as follows :
#13 - Dozer rental, 9 ton minimum $95 hr/2hr min.
#14 - Grader .rental $70 hr/2hr min.
#15 - Compactor rental $85 hr/2hr min.
#16 - Gradall rental $90 hr/2hr min.
Bids were closed and taken under advisement. It was the Boards decision
that no action be taken on the single bid. The Board will once again ask
for a resubmittal of bids to get a better sampling.
Chairman Machiros stated, as the Board had always been very cooperative
with Essex County Gas Company, he was very disappointed regarding their
latest request to excavate West St. and River Road to back door their
way into Knobb Hill . He believed the Board had been duped and while the
Gas Company may be legally correct they are morally wrong. Selectman
Tevald commented that Essex County Gas disregarded normal protocol and
totally misrepresented the West St. /River Rd. installation. Their intent
was not as outlined on the original permit but rather to install service
previously denied due to the extend of the work involved. The Board will
request someone of authority from Essex County Gas be in attendence at the
next meeting a permit is requested. For the record Selectman Adams
agreed it was an appalling situation that they did not touch bases with
either the Board or any of the abutters involved.
A request from Mass Special Olympics was approved to assist with the
flow of traffic on Elm St. on November 7th from 9a.m. to 2p.m. for their
cyclist races . Chief Merry stated he had a letter coming to him with
specifics needed. There have been no problems in the past two years and
it has been a well run event in the past, he stated.
Under Chapter 61A the Board agreed to release an option to purchase
property, Lot 6 Elm St. , owned by David s. Caldwell Corporation
The following warrants were signed bya the Selectmen:
September 28, 1993 W13 $150, 912 . 61
PW13 20, 483 . 26
Selectmen' s Meeting (cont'd) October 12, 1993
October 5, 1993 W14 $74, 876 . 22
PW14 91 , 964 .75
The meeting was adjourned at 9 : 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
October 26, 1993
John Casazza, 121 High Road, addressed the Board with a noise
complaint against Tendercrop Farm. He stated he was not present as last
years meeting when Mr. Powers reported on his inspection of the farm, but
the measures Mr.Kozazcki, owner of Tendercrop, has taken to date to reduce
the noise level of his chilling machinery have been ineffective. He felt
that the Board of Health should look into this nuisance complaint. Nancy
Rolfe, 125 High road, said she had spokem to the owners last summer and
it was not just a noise but a vibration from the machinery that concerned
her. Chairman Machiros quesied "what determines a nuisance"? Farmers have
certain rights and the owners of this farm have been most cooperative in
their efforts to address this problem. Chairman Machiros suggested that
the complaintants organize and a public hearing could be held with the
owners of the farm present and these concerns could be addressed. Selectman
Tevald recommended in anticipation of next year the neighbors might deal
one on one with the owners of the farm and suggest that this machinery be
moved to another location. Chairman Machiros advised Mr. Casazza that
If he was displeased with these recommendations he could certainly take
the matter to the State but he should first check the Mass General _Laws
on farming rights.
A representative from the Essex County Gas Company will be asked to
attend the next meeting to discuss the West St/River Rd. project. -
A letter of resignation from Rusty Peirce as dispatcher and Assistant
Harbormaster was accepted with deep regret. Mr. Peirce has accepted a full
time position with NESPIN.
A request from the Planning Board was reviewed to allow Town Counsel
to address the problems of the Scotland Heights subdivision. The Board
agreed that Counsel could take a cursory look and project the costs for his
services prior to full cimmitment.
At 8 : 20 p.m. a ten minute recess was called.
The meeting was reconvened at 8 :30 p.m.
Chairman. Machiros read the legal notice for a public hearing on
Selectmen' s Meeting (cont'd) October 26, 1993
the petition of Mass Electric and New England Telephone & Telegraph Co.
plan #645, dated 9/14/93 , to locate one pole (7/114) on Scotland Road.
Appearing in opposition - no one. Appearing in favor - Jack Moynihan
of Mass Electric. Hearing no comments or discussion the hearing was closed
and the matter taken under advisement. The hearing was reopened and the
petition was granted as presented.
A letter from Claudia Stern, 9 Bayview Lane, requesting the street
light on Bayview be changed back to a mercury vapor lamp was turned over
to Mr. Moynihan of Mass Electric who stated he would speak with Ms . Stern
and address the problem of the light for the town.
A permit was granted to Essex County Gas to open and excavate
19 South Pond St. for the purpose of installing a new gas service.
The following warrants were signed by the Selectmen:
October 12, 1993 W15 $109, 565 . 55
PW15 18, 965 . 66
October 19, 1993 W16 30, 828. 86
PW16 97, 426 . 34
The meeting was adjourned at 8 : 40 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
November 9, 1993
Chairman Machiros opened the meeting at 7 : 35 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
Chairman Machiros read the legal notice for the Public Hearing
on the petition of Mass Electric and New England Telephone & Telegraph
Plan #644, dated 8/6/93 to locate one pole (113/2/50) on Paul ' s Way.
Appearing in opposition - no one. Appearing in favor - J. Moynihan of
Mass Electric. Hearing no comments or discussion 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 petition was
granted as presented.
A third petition from the residents of Fordham Way was presented
to the .board asking that Fordham Way remain one-way. Joseph Lojek,
50 Fordham Way, cited public safety issues and asked the Board to give it
a little more time to work. Karen Candeas, 57 Fordham Way stated one-way
traffic had not decreased the number of speeders on the hill in the
middle of Fordham, it was inconvenient, and in the winter and spring
months when Southern Boulevard was flooded one way traffic could be a
problem. she asked that the road be returned to a two-way traffic pattern.
Selectmen' s Meeting (cont'd) November 9, 1993
Donald Dempsey, 57 Fordham Way, complained that the petitions were not
all passed around to every resident of the street. Ruth Boike, 60 Fordham
Way, cited public safety and speeders on the street as her main concern.
Chairman Machiros ended the discussions by stating that these petitions
would be forwarded to the Chief of Police, Roger Merry, and the Fire
Commissioners for their investigation and recommendation. The decision
they reach will be the final one and the petitioners will be notified.
On the recommendation of Chief Merry it was moved, seconded and voted
by the Board to appoint George Bulgaris as a Reserve Officer for the
Police Department.
In anticipation of E911 Chairman Machiros noted that funding will be
budgeted in FY95 to allow for the hiring of an additional part-time
dispatcher, possibly a 20-30 hour per week position.
Richard Bazirgan was appointed a Designated Representative for
collective bargaining negotiations for the Regional School District.
A one day special permit for the sale of alcoholic beverages was
issued to Protection Fire Compnay #2 for a Christmas party on Sunday,
November 14 from 6p.m. to 12 midnight. The permit fee was waived.
Edward Carpenter was reappointed as Special Police Attendance Officer
for all schools.
Licenses authorized by the Town Clerk for automotive repair and
associated sales were approved by the Board. No fees will be set until
January 1995 .
The Board granted town hall employees an addtional day off thereby
creating a four day weekend starting Thursday, November llth (Veterans '
Day) .
The following warrants were signed by the Selectmen:
October 26, 1993 W17 $180, 349 . 42
PW17 22, 374 .77
November 2, 1993 W18 90, 730 . 38
PWL8 94, 647 .74
The meeting was adjourned at 8 : 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
November 23 , 1993
Chairman Machiros opened the meeting at 7 :40 p.m. Selectmen
Joseph S. Tevald and Alan I. Adams were present.
The Board addressed the operating license of the Island Cafe, 51
Northern Blvd. Ms . Paulhus, owner, stated that the Thurlows (former
operators of the restaurant) had cleared their equipment from the building
and had no further legal association with the restaurant. Chairman
Machiros advised that the septic system had been repaired and upgraded to
the satisfaction of the Board of Health and he would consider releasing
the licenses contingent on the following:
1 . Inspections to be completed by the Fire Department, Wiring
Inspector, and Plumbing Inspector prior to opening.
2 . Occupancy permit with seating capacity to be issued by Charlie
Powers, Building Inspector.
3 . Restrictionsa on license as follows : a) sales of food related
items only, b) no outside tables and chairs, c) parking in
designated areas only, d) disposable plates and utensils to be
used, e) bottled water and canned soda to be served, f) grease trap
to be maintained daily-subject to periodic inspection.
The owners (Ms . Paulhus and Mr. Crooks) will supply the parking signs and
the Town will place them in the designated areas . The owners and operator
of the restaurant will be responsible for monitoring parking of their
patron. Chairman Machiros stated that cooperation is needed and hard
feelings must be put aside to make this venture work. The legimate health
concerns of the neighbors had been addresseJ to the Boards satisfaction.
If an occasional problem occurs, he would hope it could be solved by the
neighbors, restaurant owners and/or patrons . If problems persist and come
to the attention of the Board of if violations are noted, the licenses
could be jeopardized. All parties involved agreed they could live with
these conditions and Ms . Paulhus apologized for the problems of the past.
It was moved and seconded to release the licenses as soon as all
inspections are completed. Licenses to be transferred to Pat Gray d/b/a
Porgy ' s Cafe.
A five minute recess was called at 8 : 00 p.m. At 8: 05 the meeting
was reconvened.
A letter of resignation from Phil Osgood, Highway Surveyor, was read
as follows:
Board of Selectmen:
I will be leaving my position at the Newbury Highway Department
at the end of November. I would like to take this time to thank you
for the opportunity to work for the Town. I am going to move on for
personal reasons . Signed Philip Osgood, Highway Suveyor.
It was moved and seconded to accept Mr. Osgood' s resignation with deep
regrets.
The Board announced that the Christmas on the Green celebration
would be held on the Upper Green on Sunday, December 12th at 3 : 30 p.m.
Selectmen' s Meeting (cont'd) November 23, 1993
The following warrants were signed by the Selectmen:
November 9, 1993 W19 $204, 158 . 91
PW19 20, 478. 26
November 16, 1993 W20 135, 248. 44
PW19 99, 994 . 29
The meeting was adjourned at 8 : 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
December 14, 1993
Chairman Machiros opened the meeting at 7 : 45 p.m. Selectmen
Joseph S. Tevald and Alan I. Adams were present.
The Fordham Way petitions were addressed. Chief Merry stated his
officers had polled the area, door to door, and the majority of residents
preferred the street be left one-way. For public safety reasons he
agreed it would be best left one-way. However, due to occasional poor
road conditions on Southern Blvd. which make travel difficult in that
area, he felt a good compromise would be to leave Fordham Way one-way
during the heavy traffic summer months and two-way during winter and
apring when traffic is reduced. It was moved and seconded to accept the
Chief ' s recommendation. Fordham Way will be one-way from May 1st thru
September 30th and will be open to two-way traffic from October 1st thru
April 30th. The residents present at the meeting agreed that this
was a good compromise.
The legal notice for bids on road equipment rentals was read by
Chairman Machiros at 7 : 55 p.m. Once again, only one bid was received.
This bid was from Pearson Landscaping as follows : Dozer rental-$85 hr/
2 hr. min, Grader rental-$60 hr/2hr min. ,Compactor rental $80 hr/2hr min,
Gradall rental $80 hr/2 hr min. It was moved and seconded to take this
bid under advisement. The Board is still looking for more competitive
bids .
Mr. Christuk, 63 Sunset Drive, requested that the Highway Dept. be
asked to push excess snow into the marsxh and not onto his property
which has recently been landscaped.
William Dow and James Haley, coaches of the Newbury/Byfield Little
League, asked the Board for help in locating playing fields for their
ever expanding league. For the short term, Selectman Tevald offered to
speak with Dr. Murphy, Superintendent of Schools, regarding the use
fo Triton' s fields and the Board offered the use of the Lower Green as
a temporary field. Selectman Tevald also stated there was a good chance
that the field at the Round School would be intact thru most of "the
spring schedule. While the Board was sympathetic to the problem and
Selectmen' s Meeting (cont' d) December 14, 1993
the coaches concerns, the Town simply does not have any land that can
be given to the League. Over the long term, they agreed that more parks
may be needed, but for now some hard choices may have to be made, such
as asking the children to choose between Little League and soccer so
that Pearson Park can be utilized to its fullest and not left empty for
several hours every weekend. The possibility of lighting Pearson Field
may be investigated for the future. Other possibilities were explored but
the Board agreed that unless a private citizen donated a parcel of land
for this use, they could not see any immediate relief from the problems
of expansion.
The following licenses were reviewed and renewed: Tracy Apothecary
Corp. d/b/a Byfield Pharmacy-Wine & Malt Package Goods; Beachcomber-All
Alcohol Common Victualler; Buddy' s Restaurant-All Alcohol Common Victualler;
D & J Liquors-All Alcohol Package Goods; Corner Cupboard-All Alcohol
Package Goods; Dick' s Variety-Wine & Malt Package Goods; Guilford' s Package
Sotre-All Alcohol Package Goods; Oldtown Country Club-Wine & Malt Club;
Ould Newbury Golf Club-Wine & Malt Club; P.J. ' s-Wine & Malt Package Goods;
Newbury Convenience-Wine & Malt Package Goods .
Dog Grooming - d. Knight d/b/a Deb' s Place
Beauty Shop - L. Haley d/b/a Newbury Hair Design and A. Webber d/b/a
Colonial Coiffures
Sale of Homebaked Goods - Mary Ross d/b/a Outback Bake Shoppe
Common Victualler, Sunday, MIlk - K. Crepeau d/b/a Cafe; r. ducott d/b/a
Dick' s Variety; R. Kelly d/b/a Oulde byfield Expo Tea Room; J. Daw d/b/a
Newbury Convenience Store; P. Gray d/b/a Porgies
Gifts, Common Victualler, Milk, Sunday, Parking .Lot U3-183 - J. Morris d/b/a
The Plum Inc. ; Mil, Parking Lot U2-125 - Guildfords Package Store d/b/a
Mr. Moe ' s; Parking Lot U2-195 - D. Phillips d/b/a Phillips Parking Lot
Gifts etc. - R. Kelly d/b/a International Antique Mart; L. Capodilupo
d/b/a R.c. Arts & Crafts; R. Joy d/b/a Joy Sales in Barn; S. Saunders
d/b/a The Hart of Byfield; M. Atkinson d/b/a Mae Atkinson Antiques;
H. Foote d/b/a Firds Nest; Bennett/Bourque d/b/a Coastal Flea Market;
A. Machiros d/b/a. A.G.J. Woodcrafting & Woodworking
Buy & Sell Grain, Hay & Related Farm Products - Wm. Robitaille d/b/a
Pheasant Meadow Farm
Calss II Used Car Dealer - Oulde Byfield Expo Center; U.S. #1 Auto Marine;
Angie ' s Service Station
Installers - Edw. Boyle; Manter & Company; Keith P. Walton Company; D.A.
Clark/Greenbrian Bldrs ; Richard Briscoe.
Chairman Machiros advised the Board that the Police contract had
been ratified and he looked forward to working with the department. He
stated they had conducted themselves in a very positive manner during
negotiations and as always there is an "open door" policy in effect to
handle any problems that may arise.
The Board of Health notified Bruce Stoddard, owner of property at
32 Northern Blvd. which had burned prior to Thanksgiving that unless
Selectmen' s Meeting (cont'd) December 4, 1993
he made an effort to clean up the debris from the fire, the Town would
have it cleaned up and charge him for these services . This debirs
constitutes a public safety and fire hazard.
It was moved and seconded to issue to the Central Street Mobil
Station a six month probationary permit. to operate a gas station and
repair service with the following restrictions :
Gas pumped 6a.m. to 10p.m.
In bay auto repair 8a.m. to 8p.m. with an allowance for emergency
repairs only after 8p.m. without the use of noise generating
equipment
Storage of unregistered vehicles on property limited to two (2)
No storage of vehicles on grasssy areas
No sale of perishable groceries at this time
All restrictions will be looked at again at the end of the probationary
period and the station will be closely monitored.
The Board agreed that Town Hall would be closed on Friday, Dec. 24th,
Christmas Eve. The Staff Christmas party will be held on thursday
afternoon prior to closing.
The following warrants were signed by the Selectmen:
November 23 , 1993 W21 $ 50, 340 . 46
PW21 24, 251 . 71
November 30, 1993 W22 77 , 082 . 98
PW22 152, 347 . 64
December 7, 1993 W23 68, 983 . 77
PW23 18, 968 . 94
The meeting was adjourned at 9p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
January 11 , 1994
Chairman Machiros opened the meeting at 7 :35 p.m. Selectmen .
Joseph S. Tevald and Alan I . Adams were present.
The proposed Fatherland Farms Subdivision was first on the agenda.
David MountaiN, 5 Larkin Rd. , presented a copy of a letter addressed to
the Planning Board, signed by 150 residents, questioning the enforcement
of Board of Health regulation 74-1 . He stated he was concerned with the
pollution of the Parker River. He cited the possibility of bacterial
pollution from septic systems and nutrient loading into the river. He
cited cases in Washington and the Cape of pollutants traveling from 200
to 1000 feet. He also spoke of two testing stations on the fresh water
part of the river at Wheelers Brook which showed pollution (mostly from
Georgetown) and Coursey Brook. He gave his definition of a stream associated
with base flow as applied to the protion of the river upstream from the
dam and stated he fully supported enforcement of the 300 foot requlation.
Selectmen' s Meeting (cont'd) January 11 , 1994
Gred Szumowski, 172 Elm St. , stated his concerns as being the wetland
area, intermittent and perennial streams flowing thru these wetlands and
the possibility that the soils in this area will not support these new
septic systems . Linda Guthrie also of 172 Elm St. said her concern was the
Board of Health interpretation of the 300 foot setback regulation. She
stated she fully supported Mr. Mountain' s findings and believed they
should be considered as applying to this new subdivision. Alan Adams who
was a member of the Board when this regulation went into effect explained
the intent of the regulation was to prevent the installation of septic
systmes on the immediate banks of the river to protect the recharge
area of the Byfield Water Districts wellfields . Streams and tributaries
were added later in the event there might be a stream or tributary
flowing year round that posed a potential threat. We are not speaking
of property below the well fields, he stated. We know there is now
some pollution there primarily from antiquated systems . This .new
area wil hav sophisticated systems that are deisnged to work and are
certified by sanitary engineers who place their reuptations and licenses
on the line. The definition of a stream or tributary and who determines
this must be a decision the Board is comfortable with and could defend in
a court of law. No new development will be allowed to pollute. Chairman
Machiros explained how perc testing is done and gave some background on
the case won by the Town defending this regulation on the banks of the river.
He stated "common snese must be used" . The regulation cannot be confisc-
atory in nature and the Town has to be able to substantiate their reasons for
enforcing such a regulation. If the Town tries to ovewr regulate, it
could be construed as a land taking in a court of law. The board in good
conscience cannot defend this regualtion under these circumstances .
Jeanne Lamont, 87 Larkin Rd. expressed her concerns, of bacterial pollution
of the water. She stated that the two streams in question on this property
meet the definition of a stream according to the Wetlands Act. Mr.
Mountain responded he had only addressed perennial streams in his
observations not occassional streams and the two streams in question on
a 1985 topo map do drain a significant amount of the wetlands . Selectman
Tevald stated this is obviously interpretive and definitions will differ.
As health agent he personally witnessed all the water on this property and
it is intermittent at best, he stated. Over the course of a twelve month
period some of these "streams" have a depth of one inch and the maps of
the area don' t show water at all . The soils vary greatly and the systems
are drawn specifically for the area. This will boil down to a definition
of a tributary and whether or not the Board feels they can defend this
definition. Jeanne Lamont commented they didn' t wish to stop the devel-
opment, they were only asking to decrease the density of the project,
allowing maybe 20 or 25 houses to be build and she didn' t feet this could be
construed as a taking. Don Bade, 96 Central St. , stated that a considerable
number of people are concerned about the protection of the town. Ursula
Bade, 96 Central St. , asked if the development is allowed and sickness
occurs, will be the Board take the responsibility. Chairman Machiros answere
the Board will not be held personally responsible. The Board must make
responsible decisions and they must be enforceable. We cannot responsibly
Selectmen' s Meeting (cont'd) January 11, 1994
enforce this part of the regulation citing tributaries and streams in this
situation as we don' t believe it will stand up in court. Charlie Powers,
Chairman of the Conservation Commisssion, was asked how his Board felt about
the enforcement of the 300 foot regulation. He stated he had discussed the
matter with the Commission and they felt that the 300 foot regulation
should only apply to the main banks of the river. Chairman Machiros
thanked everyone for coming and stated that the Board will monitor this
development very closely.
A five minute recess was called at 8 : 50 p.m. The meeting was
reconvened at 8 : 55p.m.
Second on the agenda was Jack' s Fish Shack. Charlie Powers, Code
Enforcement Officer, stated that the legal position of a non-conforming use
was still valid. Openings had been documented and an extension was given
to the. FDIC thru the completion of the pending real estate transaction.
Jeff Baker, 51 P. I. Turnpike, said he understood the position of a non-
conforming use and was here to responsibly arrive at workable conditions
for the operation of a business . He cited the following petential problems :
Inadequate frontage, no access to the rear of the building, no public
restrooms, dumpster which attracts illegal dumping and animals and he
questioned the possibility of fencing the property to prevent debris and
litter on other properties, limiting the operation to three to four months
a year, and limiting the types of food and goods to be sold. He asked if
there were any restrictions now standing and could it become a convenience
store. Chairman Machiros replied that it could not become a convenience
store as that would constitute a change of use. The sewage disposal system
must be upgraded, bottled water and canned soda should be served and
disposable dishes and utensils should be used. It could not be
restricted to a seasonal license. The procedure would be to place
restrictions on the license which remain with the license no matter who
the owner is. Violations may cause revocation of the license and all
stipulations must be addressed prior . to opening. John Hartnett, 57 P. I .
Turnpike, and Pam Richardson, 2 Plum Bush Downs, said their major concern
was trash. Peter Gallant, 2 Plum Bush Downs stated he was also concerned
with trash and also with signage and the promotion of the restaurant.
Mr. Keville asked "How can we best address these problems?" Legal
access in the form of a deeded right of way to the rear of the property
has been promised prior to closing on the property at the end of February.
Trash they would gladly address . Their intended use of the property
was primarily an ice cream stand with the possibility of selling steamed
hot dogs and related items . They would be willing to fence off
the property. the separation of the lots seem to make concerns greater than
before he noted. Chairman Machiros stated the number one concern seems to be
trash and second the problem of parking in the rear of the building. Mr.
Baker stated he felt parking in the rear would infringe on his privacy and
he would explore all resources to prevent it. As no decision can be
made until after the right of way is obtained, it was moved and seconded
to take no action at this time on the granting of the- licenses . Chairman
Machiros asked that the neighbors and the Kevilles keep the dialogue going
Selectmen' s Meeting (cont'd) January 11, 1994
and try to work out a resolve of the issues at hand.
Arthur Allen, 103 Central St. , presented a petition to the Board
asking for the restriction of truck traffic at the lower end of Central
Street between School and Elm Streets in Byfield. this petition was
referred to Chief Merry for investigation and to check with the state
on who has jurisdiction over traffic usage changes .
Several Little League officials again approached the Board for help
in exploring possibilities for new fields. They asked the Board to
intercede with our State Reps and Congressmen to see if the State can offer
any assistance such as the possible use of State owned land in town. The
Board also agreed tocheck again with the Conservation Commission on the
restrictions on Great Meadows and to explore all other viable options . The
Selectmen suggested the officials issue a plea to owners of large tracts
of land who might be willing to donate a small parvel for use as a
regulation Little League field. Approximately three acrea would be required.
In the interim the Little League will have to cope as best they can with
what is currently available to them.
A new Class II license was issued to Robert Lord d/b/a K & B Enterprises
at 100 Newburyport Turnpike. The permit was limited to a maximum of
four vehicles at any one time.
A new installers license was issued to Michael Noone of 58 Middle Rd. ,
Newbury.
The Class II licnese renewal for Highline Auto was put on hold until
Chairman Machiros can make an inspection of the property.
AEL requested that their Class II license reflect "unlimited truck
sales", rather than a limit of three truck sales. The Board approved a
limit of 12 truck sales, units to be displayed in the front of the property.
The Board agreed that they could not allow the license to show "unlimited
sales" .
Tim Leonard was appointed Acting Highway Surveyor effective January
15th to June 1, 1994 with full authority.
Under Chapter 61A the Board agreed to realese an option to purchase
property, Lot 1 on the corner of High Road and Little ' s Lane, owner
Barbara A. Lorenc.
The following warrants were signed by the Selectmen:
December 14, 1993 W24 $159, 960 . 00
PW24 100, 715 . 14
December 21, 993 W25 124, 160 . 66
PW25 20, 198 . 07
December 28, 1993 W26 18, 327 . 36
PW26 96, 272 . 25
January 4, 1994 W27 92, 774 . 93
PW27 19, 746 . 72
The meeting was adjourned at 11 : 15 p.m.
Respectfully submitted,
SELECTMEN' S MEETING
January 25, 1994
Chairman Machiros opened the meeting at 7 : 40 p.m. Selectmen Joseph
S. Tevald and Alan I . Adams were present.
Chief Merry gave a brief report on his findings regarding the
restriction of truck traffic on a portion of Central St. He advised that a
traffic count must be done. A letter of request, maps of the area and the
completed traffic count must be submitted to the Mass Highway Department
for consideration. Also needed is an alternate route for this traffic.
In this case the alternate route will add only . 4 of a mile which will be
in the Town' s favor. The Chief was asked to proceed and to keep the Board
advised of his progress .
Use of the Upper Green was approved for the 1st Parish Church for
a church fair on Saturday, May 14th (raindate May 21st) .
Use of the Upper Green for softball was approved for Mr. Moe ' s for
Monday and Wednesday evenings from April through September and for the
Old Newbury Clammers for Tuesday and Thursday evenings April through
September.
A one day special permit #1 for the sale of alcoholic beverages was
approved for Protection Fire Co. #2 for Saturday, February 5th from 10a.m.
to 4p.m. The fee was waived.
The following licenses were reveiwed and renewed:
Installers : Haynes & Sons, Stuart Dalzell, John D. Hartnett & Son, CME
Excavation, Up Country Landscaping, Strong Septic System Services, James C.
Nicols Realty, Harris Contracting, Pearson Landscaping, Spalding Construction
W. Harrison & son, Francis J. Fournier, Paul Wilkinson, Allen P. Rogers
Gifts, Videos, Sunday, Milk - Tracy Apothecary d/b/a Byfield General Store
Buy & Sell Gifts etc. - Patsy Brown d/b/a F. Thurlow Brown Books, Mary
Weber d/b/a Pine Cupboard, Lynn Everest d/b/a Newbury Pharmacy, Robert
Upton d/b/a Upton Farms, Joyce Orfant d/b/a Art & Camera Custom Framing,
Judith Fionda d/b/a Parker River Trading Post, Susan J. Stranc d/b/a Apple
Cider Press & Prints & Norma & Harold Reader d/b/a High Tail Acres, Chris
Snow d/b/a Byfield Trading Company
Buy, Sell, Repair, Create Lobster Holding Systems - Donald Knight & Eric
Bray d/b/a N.E. Lobster Pools
Dog Grooming - Karen Candeas d/b/a Karens Dog Grooming of P. I .
Beauty Shop - Nancy Kearns d/b/a Nancy' s Complete Nail Care, Helen Bulgaris
d/b/a Longfellow Beauty Salon, Cheryl Mahoney d/b/a Cheryl '.s Island Clip
Linda Francia d/b/a Linds ' s Home Salon
Bail , Tackle, Sporting Goods, Sunday Ice Cream - Kay Moulton d/b/a Surfland
Bail & Tackle Shop
Milk - Robert Conboy d/b/a SKK Inc. /Corner Cupboard, Glen St. Cyr d/b/a
Newbury Butchery
Comm Vict.. , Dancing Wkdys, Parking Lot - PITA Hall
Comm Vict. , Dancing Wkdys, Milk, Sunday - Ould Newbury Golf Club
Comm Vict. , Milk, Sunday - Jane McNeal d/b/a PJ' s, Walter Yale d/b/a
Selectmen' s Meeting (cont' d) January 25, 1994
Main St. Mini Mart, Scott Dehetre d/b/a Buddy' s Restaurant, Eleanor Miller
d/b/a Jo-E1 ' s
Comm Vict. , Milk, Sunday, Parking Lot - Gloria Merola d/b/a Beachcomber
Parking Lot - David & Mary Williamson d/b/a Parking Lot, Jack McKallagat
d/b/a Boulevard Parking Lot, Willey/Ducott d/b/a Haven II, Virginia Moore
d/b/a Ginny Moore ' s Parking Lot
Parking Lot, Popcorn, Dancing Wkdys, Vict. Pkg. Lot - Lawrence & Geraldine
Dorr d/b/a Wheelhouse Parking
Class I - Gerald Mailley d/b/a C-J Motors
Class II - Special Interest Auto of Newbury, Nicoll & Braley, R. Bruce
Branconnier
Class III - Newbury Auto Sales
On the recommendation of the Harbor Commission and the Harbormaster the
1994 Waterways Rules & Regulations were approved and signed.
On the recommendation of the Fish Commissioners the 94-95 Clam
Regulations were reviewed and signed. As in the past Selectman Adams
abstained from signing.
Chairman Machiros advised that he was waiting to receive confirmation
on two 4-wheel drive vehicles and two pick up trucks slated for our town
from the Northstar Program. The 4-wheel drive vehicles will cost the
Town approximately $1200 each (delivery charges from Alaska) and the
pick-up trucks must be transported from Pennsylvania.
There will be no Selectmen' s meeting in February. An emergency meeting
may called at any time if needed.
Chairman Machiros advised that the snow budget had been depleted for
FY94 .
ACO, Dick Cunningham announced that a Rabies Clinic will be held in
West Newbury at the 1910 Building on Saturday, February 5th from 2-4 p.m.
A clinic will be scheduled in Newbury in March.
The meeting was adjourned at 8 : 05 p.m. and reconvened at 8 : 10 p.m.
Jim Cashman, Treasurer, Collector reported to the Selectmen on the
collection of delinquent taxes . He stated 26 letters had been sent to
delinquent taxpayers asking for a response. He had five or six responses
and two payments of approximately $4000 . After a brief discussion it was
moved and seconded to permit Mr. Cashman to proceed into the next step
which is to place these properties into tax title. Mr. Cashman will keep
the Board updated on his progress.
The following warrants were signed by the Selectmen:
January 11, 1994 W28 $45, 568 . 27
PW28 102, 069 . 59
January 18, 1993 W29 237 ,329 . 11
PW29 31, 153 . 17
Selectmen' s Meeting (cont' d) January 25, 1994
The meeting was adjourned at 8 : 25 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
March 1, 1994
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:
January 25, 1994 W30 $ 70, 467 ..15
PW30 103, 537 . 57
February 1, . 1994 W31 104, 082 . 24
PW31 18, 328 . 17
February 8, 1994 W32 156, 803 . 41
PW32 101, 946 . 04
February 15, 1994 W33 69, 851 . 09
PW33 22, 396 .70
February 22, 1994 W34 102, 198 . 95
PW34 76, 658 . 41
Richard Simpkins on behalf of the Old Town Hill Committee of the
Trustees of the Reservation was granted use of the Lower Green on Sunday,
May 29th (raindate May 30th) from 8a.am to 9p.m. for a band concert and
village fair including possibly the Historic Commissions Ham & Bean Supper
A request for a one day special event permit to use the boat ramp was also
considered contingent on approval from the Harbormaster.
A new license to Buy & Sell Gifts etc. was issued to Dean & Nancy
Robinson d/b/a Plain & Fancy at 71 Newburyport Turnpike.
The following licenses were reviewed and renewed:
Installers : Charles Rich and Abbott Construction
Buy & Sell Gifts etc. : Katherine & Robert Carleton d/b/a Parker River
Enterprises, Norman Beckman d/b/a Norbeck Sterling, Gail Gandolfi d/b/a
Flukes & Finds
Beauty Shop: Louise Henry d/b/a Changes Hair Design
A one day special permit #2 was issued to Protection Fire Co #1 for
their Annual Fireman' s Ball at the Governor Dummer Academy Gymnasium on
Saturday, March 5th from 5 : 30 p.m. to la.m.
Mr. Richard Kelly, Olde Byfield Expo Center, presenter a plan to
build an amusement center in the Expo building. He stated the center would be
family oriented, offering skeeball, a soft playground, batting cages,
computer golf, video games, etc. No expansion of the kitchen facilities are
anticipated. The targeted age group is 3 to 12 years . After a brief
discussion, a hearing was scheduled for the March 22nd meeting at 7 : 45 p.m.
and the matter was taken under advisement until that time.
It was moved and seconded to nominate Richard Cunningham for the
position of Animal Inspector and Madelyn Cirinna for Assistant Animal
Inspector.
Selectmen' s Meeting (cont'd) March 1 , 1994
A permit from Essex County Gas Company to open and excavate 14
Graham Avenue to repair a gas leak was approved. Chairman Machiros asked
the Acting Highway Superintendent, Tim Leonard, be advised to keep after the
Gas Company to fix sunken repair areas on the roadways.
A Rabies Clinic will be held on Wednesday, March 23rd from 4-6p.m. at
the Fire Station on Morgan Avenue. Dr. Grillo will be the attending vet
and the cost will remain at $7 per animal .
At 8p.m. Mass Audubon representatives, Andrea Cooper and Robert
Buchsbaum, gave a report on the progress of the P. I . sound Mini-Bays Project.
Mr. buchsbaum presented a map of the sound with location and levels of
pollutants noted. The primary goals of this project, he stated, are water
quality, locating and correcting sources of pollution and protection of the
shellfish beds. Relevand to the Newbury area he stated they found the two
largest areas of pollution to be the stream by Governor Dummer Academy and
the Little River near Hanover Street. Andrea Cooper reported on growth and
land use and the finding of their Shoreline Survey. She noted that volunteers
had discovered septage discharge pipes emptying into the river, identified
by the discharge of toilet paper. Chairman Machiros questioned where
these were located and she replied, "in Rowley" . Ms. Cooper was asked to
clarify her statements and speak of only Newbury' s suspected problem area. Ms .
Cooper stated the volunteers. had found a few pipes in Newbury suspected of
discharging from septic systems by their slimy odorous discharge. Asken when
these finding were reported to Mass Audubon, Ms . Cooper replied "about six
monthe ago" . Selectman Adams, upset by this reply, accused the Audubon of
grandstanding and lying about wanting to cooperate with the Town. He said
"I thought this project was headed in the right direction but when important
information on possible pollution of the river is withheld from the Board of
Health for over six months, this is not cooperating" . Chairman Machiros
stated "there is not a person in this room who would not have immediately
reported these violations" . We could have corrected these problems six
monthe ago. You report these findings to every "tree hugger" in town but
the Board of Health is the last one to know he said. Ms. Cooper replied "if
we don' t always meet your time frame, I apologize" . The Selectmen then
dismissed the report on the study saying it no longer was creditable due to
the Audubons failure to report their findings in a timely manner. The Board
also questioned the propriety of the Audubons criticizm of their ruling on the
ban on septic systems within 300 ' of the Parker River and its tributaries in
regards to the Manter Development. Ms . Cooper said it was unilateral decision
by their office. Chairman Machiros advised that he will ask the voters at
Town Meeting to support an article asking for monies to conduct a
hydrological study on properties in the areas of concern near the river so
that the Town will be better able to defend this regulation in the future.
Ms . Cooper siad they would reschedule a time for their presentation after
Town Meeting.
Mr. Donald Bade, 96 Central St. stated he came to the meeting to hear
the Audubon' s report and only "'I eard accusatorial remarks . He asked Mr.
Machiros to explain his plan for the river. Chairman Machiros replied
Selectmen' s Meeting (cont'd) March 1, 1994
"there is no plan at this time. That is what we want to develop and why
we will be asking for funding at Town Meeting" .
A five minute recess was called at 8 : 45 P.M. At 8 :50 p.m. the meeting
was reconvened.
Chairman Machiros personally apologized for getting so upset with Mass
Audubon but said he was bothered by the tactics they tried to use. The
Board knows where many of the problems lie but need time to develop a
plan to,A,` back up the regulation. The Conservation Commission is also in
agreement as they believe land use cannot be taken away without documentation
and that is what can be accomplished thru a hydrological study.
For the record, Chairman Machiros stated it was his understanding that
a petition was in the workd again for a separate Board of Health. While he
holds the Trustees of the Reservation in deepest esteem, since Mr. Metcalf
of Hay Street became a member he has been trying to use their influence
to close the landfill and stir up trouble. Mr. Metcalf has caused unwarranted
expense to the Town by his inundoes and by workig against articles
voted by the citizens of the Town. Chairman Machiros said he would gladly
debate the issues with Mr. Metcalf anytime anyplace to bring the case to
the public and let them decide.
The development of a Town Crest is again in the works. A history and
drawings were submitted by Mr. Stanley Price of Green St. Mr. Price ' s work
will be turned over to the Historic Commission for their input. An
invitation was extended to anyone wishing to develop a crest for the Town. All
works will be considered.
Chairman Machiros advised the snow budget had reached approximately $120, 0(
with no relief from the State as yet. He commended the Highway Department
for yeomans work this year handling the heavy snowfall . He also commended
Tim Leonard on a superb job as Acting Highway Superintendent. With the
addition of Francis (Bud) Fournier to the department on Feburary 14th the
department is almost bact to full strength. The loader and backhoe
purchased over the last two years have already more than paid for themselves.
A new piece of equipment may be added this year to better equip the
department.
The Board again apologized to the Town for getting so upset by the Audubon
report. The meeting was adjourned at 9 : 25 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
March 29, 1994
Chairman Machiros opened the meeting at 7 :30 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The legal notice was read by Chairman Machiros for a Public Hearing
on the petition of Mass Electric and New England Telephone and Telegraph
Plan #646, dated January 12, 1994, to remove one pole (3/130) on High
Road. Appearing in opposition: no one. Appearing in favor: Abe Hasher
of Mass Electric. Mr. Hasher advised that the pole was being removed to
accomodate a new curb cut. It was moved and seconded to close the
hearing and take the matter under advisement. The hearing was reopened
and the petition was granted as presented.
Common victualler, milk and Sunday licenses were approved for John
and Carrie Keville d/b/a Ice Cream Cove at 49 P. I . Turnpike. Release of
these licenses is contingent on the satisfactory inspection of their
renovations with the following addendums to the licenses: Hours of
operation to be lla.m. to 9p.m. seven days a week; rubbish dumpster to be
hidden from public view; rear area of property to be fenced with a 6 '
stockade type fence, area to be monitored daily to avoid outdoor trash
problems.
A five minute recess was called at 7 : 40 p.m. At 7 : 45 p.m. the meeting
was reconvened.
An informational meeting was opened on the proposed Amusement Center at
the Ould Byfield Expo Center in Byfield. Mr. Kelly was in attendance to
answer questions from the public and the Board. Mr. Kelly stated 20-
30, 000 sq. feet of the building had been designated for the amusement
center. Hours of operation being considered would typically be 9a.m. to
8p.m. weekdays and 9a.m. to 9p.m. weekends. He would maintain a security
staff and children up to age 13 must be accompanied by an adult. The Board
of Health expressed their concern regarding the design flow of the septic
system and asked Mr. Kelly to provide them with an engineers report.
Anne White, 167 Elm St. questioned crowd capacity. Mr. Kelly stated he
anticipated 200 people per day on a .weekend - not huge crowds and mostly
local patrons . Chris Maurito, 6 Johnson Lane was concerned that the
video games might attract older children. Mr. Kelly responded that his
investment in this center was too large to jeopardize it by allowing it to
become a hangout. He would have age restrictions and drop offs of children
under age 13 would not be allowed. Carolyn Varney, 8 Parker River Dr. ,
asked about crown control . Mr. Kelly advised he would have rules and
regulations and a security staff of approximately 25 to enforce these
rules . Barbara Beremen, 5 Larkin Rd. , noted that the center was highly
visible from Rte. 95 and with advertising might attract more than local
patrons and greatly increase traffic in the area. Mr. Kelly stated
that if the past economy had been better and outlet stores had been
installed as planned for the center, there would have been more traffic
than is anticipated for the amusement center. Malcolm Spurling, 10 Parker
Selectmen' s Meeting (cont'd) March 29, 1994
River Dr. , questioned the ratio of 25 staff for 200 children per day.
Mr. Kelly advised that a minimum of 10 staff would be on duty for each
shift with a total of 25 to call upon if needed. Kathleen Spurling stated
she saw no benefit to the community by issuing an automatic device license
and the costs to the Town might outweigh the benefits by stretching our
police force with problem calls at the center. She cited easy on/off
ramps from Rte. 95, two levels of parking which cannot easily be covered
by security and children engaging in outside activities. Oral promises
are not enough she stated, we should have a plan and consultants studies
for the public to review. Chairman Machiros stated, "if the Board were to
issue this license restrictions would be implemented. Mr. Kelly' s past
performance in our community will have to be our guide. Mr. Kelly a
permitted use by Zoning By-law" . Chairman Machiros asked if there were
any direct abutters present at the hearing. There were none. Nancy Burke,
10 Larkin Rd. asked if security woud be hired locally. Mr. Kelly stated
yes, as many as possible. Ken Dow, 7 Lunt St. stated he applauded Mr. Kelly
for the building and his professionalism and felt he should be allowed
this use. Evelyn Noyes, 5 Downfall Rd. , stated she remembered what the
area was like prior to Mr. Kelly' s involvement and this is a great improve-
ment. She looked forward to the amusement center for her grandchildren.
Annette Robertson, 8 Larkin Rd. asked Mr. Kelly to explain in more depth
what he planned for the amusement center. He explained that the biggest
unit would be a soft playground. There would be redemption games such as
skeeball, batting cages computerized golf, pin ball machines, video games
(gambling games) and possibly a 60x60 basketball court with nets at
angles which seems to be very attractive. Party rooms would be available
but areas would not be divided by age groups . Pizza, popcorn, sodas and the
like would be available. Mary Alice McGonigle, 1 Johnson Lane noted that
there will be a new Discovery Zone opening in Danvers soon and asked Mr.
Kelly if he had looked at the possibility of an indoor track or community
center. Mr. Kelly advised that the building would not accomodate these
uses . Charon Pearson, 11 Courser Brook and Madelyn Fournier, 13 Spring
Hill Rd. thought the concept was great. Scott Robertson, 8 Larkin Rd.
commented that he had worked on Mr. Kelly' s projects in the past and Mr.
Kelly had always addressed any probl.ems to the satisfaction of the Town.
Chairman Machiros noted that he saw the greatest area of concern to be
security. He asked Mr. Kelly to work with Chief Merry to develp a sound
plan, discuss staffing and training and if needed to request a detail
Selectmen' s Meeting (cont'd) March 29, 1994
officer on site. Hearing no further questions or discussions it was moved
and seconded to take the matter under advisement. Mr. Kelly was asked to
submit a plan for the center showing the location and kinds of machines
he was requesting to be licensed and also a report from his engineer
substantiating the septic system flow. The Board thanked all for coming
and advised that the subjects raised would all be considered before the
license was issued.
Pat Gray of Porgies, 51 Northern Blvd. , presented a petition requesting
outdoor tables for dining. She was advised that her license contained a
permanent restriction stating "no outdoor tables" and it could not be
changed.
An installers permit was reviewed and renewed for Hawk' s Construction Co.
A permit was approved for Essex County Gas Co. to open and excavate
#2 and #23 Parker St. to repair gas leaks.
A request was approved for 1st Parish Church to use Handtub Lane for
pony rides and the pond for dory rides during their fair on May 14th. It
will be the responsibility of the church representatives to .see that
all waste matter from the ponies is cleaned up at the close of the fair.
Pursuant to Chapter 7 section 401 of the Mass General Laws, advice was
received from the Department of Food & Agriculture that three parcels of
land were being considered for inclusion in the Agricultural Preservation
Restriction Program: the Collis property on High Rd. (approx 10 acres) ,
the Knight property on High Rd (approx 9 acres) and the. S.ociety for
the Preservation of NE Antiquities property (approx 196 acres) .
At 8:30 p.m .a public hearing on the "layout" of Greentree Lane and
Cross Street was held. The legal notice was read by Chairman Machiros .
Selectman Tevald commented that in his opinion Cross St. should not be
approved, as is, due to drainage problems . He asked if there might
possibly be any monies being held to help defray the cost of repairs to
Greentree Lane which has deteriorated due to heavy construction truck
traffic thru the subdivision. Acting Highway Superintendent, Tim Leonard,
will be asked to meet with the developer, Mr. Kneeland, to address
the problem of Cross St. Two abutters, Natalie O'Mailly and Kathy
Selectmen' s Meeting (cont'd) March 29, 1994
Davidson were in attendance but had no comments . Bill Pearson spoke in
favor of acceptance of the road as it had been constructed in accordance
with Planning Board regulations and approved by their inspector, Mr. Handren.
The Board advised the Kneelands that if they were willing to try to
resolve these conditions, the Board would place an article on the warrant
for consideration at Town Meeting.
The Annual Town Meeting will be held on Tuesday, April 26th at 7 : 30 p.m.
at the Round School .
Mock Town Meeting was tentatively set for Thursday, April 14th
contingent on approval of the Grange.
Town election will be held on Saturday, April 23rd.
The following warrants were signed by the Selectmen:
March 1, 1994 W35 $ 80, 289 . 31
PW35 20, 695 . 81
March 8, 1994 W36 167 , 333 . 82
PW36 97 , 342 . 61
March 15, 1994 W37 112, 433 . 65
PW37 20, 220 .70
March 22, 1994 W38 91 , 267 .39
PW38 103 , 158 . 13
The meeting was adjourned at 9 :30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
April 12, 1994
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:
March 29, 1994 W39 $43 , 512 . 03
PW39 19, 561 . 69
April 5, 1994 W40 89, 290 . 06
PW40 98, 150 . 89
Joanne Purinton, 36 Main St. , questioned the Board' s interpretation
of a permitted use according to the Zoning By-laws regarding the proposed
amusement center at Ould Byfield Center. Chairman Machiros advised her
that Zoning Enforcement Officer, Charlie Powers, had been asked for
a determination and he concurred that the proposed center was a. permitted
use in the Commercial Highway District according to Section 4 . 4 . 1 . 18 of
the zoning by-law which states "all recreational facilities" Selectman
Tevald stated that while Mrs. Purinton may believe it was not the intention
fo the Planning Board to include amusement centers, the by-law is not
specific. Chairman Machiros advised that an informational session had
Selectmen' s Meeting (cont'd) April 12, 1994
been held for imput from the public and the Board had covered safety
and public health issues with Mr. Kelly and they would not go over and
over the same subjects again. A letter received from Mrs . Spurling
of Parker River Drive regarding the definition of "recreational
facilities" was entered into the minutes of the meeting by a motion of
the Board.
A request for use of the Upper Green by People ' s United Methodist
Church for a flea market Saturday, July 9th (raindate July 16) and
Saturday, September loth (raindate Sept. 17) was approved.
A request from 1st Parish Church for permission to place a flat bed
trailer on the Green Street side of the Upper Green to be used for
storage in preparation for their fair on May 14th was approved. The
Church will be asked to place the trailer on the island area adjacent to
Handtub Lane.
A license to buy and sell gifts etc. was reviewed and renewed for
Alba Goldthorpe.
Resignations were accepted with deep regret from Mike Tracy, Director
of the Summer Recreation Program and from Mary Barton as Chairman of the
Historic Commission. Mrs. Barton will remain as a member of the
Commission.
On the recommendation of the Historic Commission, John Karahalis
was moved from, associate member to regular member and Donald Quill was
appointed to fill the vacancy created by the resignation of Marion Brown.
Warrants for the Annual Town Election on April 23rd, Annual Town
Meeting on April 26th and the Special Election for Regional School
Committee on May loth were signed by the Selectmen.
Alex Hasapis was appointed as an Associate Member of the Zoning
Board of Appeals.
An invitation to participate in the Byfield Little League opening
day ceremonies on April 24th at 12 noon was accepted by Selectman Tevald.
the Board voted not to exercise their option to purchase the Wilson
land on Rolfe ' s Lane (Assessors Map R14-13A) which is being converted
from Chapter 61 Forest Land.
The Board agreed to approve Fred Jackman;s application for a
Commercial Clamming Permit which was submitted late. This will be
a one time exemption only.
The Board reveiwed Triton' s request for acceptance of an early
retirement incentive program for members of the Mass Teachers Retirement
System employed by the Newbury Public Schools with no limit on the
number of eligible employees. It was decided to monitor the article at
Selectmen' s Meeting (cont'd) April 12, 1994
Town Meeting with the possibility of an amendment from the floor is the
need arose. The Board will not make a determination until after the
Annual Town Meeting.
An invitation from the Grange to attend the Mock Town Meeting on
April 14th at the Byfield Town Hall at 7 : 30 p.m. was accepted with
pleasure.
The meeting was adjourned at 8 : 35 p.m.
. Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
May 3, 1994
Chairman Machiros opened the meeting at 7 :35 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
April 12, 1994 W41 $213 , 334 . 10
PW41 23, 080 . 93
April 19, 1994 W42 46, 451 . 49
PW42 103 ,746 . 80
April 26, 1994 W43 79, 163 . 01
PW43 24, 734 . 76
Richard Passeri, Chairman of the School Building Committee reported
on the general bids for the renovations and additions at the Newbury
Elementary School . Low bidder at $10, 877 , 000 was TLT Construction of
Lynnfield. Bids ranged from $10, 877 , 000 to $11, 740, 000 . TLT having met
all State, Federal and bid requirements, the School Building Committee voted
unanimously on April 28th to recommend that the Selectmen enter into a
contract with TLT Construction. The contract award to be $11 , 067 , 700
($10, 877 , 000 plus $190, 700 for four alternates) . It was moved by
Selectman Adams, seconded by Selectman Tevald and voted unanimously by
Chairman Machiros to accept the School Building Committee' s recommendation
and award the bid to TLT Construction of Lynnfield in the amount of
$11 , 067 , 700 .
Chairman Machiros advised that he had received an analytical report
on the soil tests done at the proposed Austin Fields Subdivision. The
results of the three sites tested were negative. It was moved and
seconded to officially accept these reports . No further action will be
taken at this time. The reports will be kept on file and are open to
public review.
Mr. Paul Daubitz protested the renewal of a parking lot license for
Mickey Villane ' s lot U2-119 Annapolis Way. He stated he believed it was
a zoning violation to allow parking on this rear lot and read a letter
dated 3/18/90 from the Building Inspector which restricted parking to the
front lot U2-115 only. He also cited problems he had with the patrons of
the lot. Selectman Machiros responded that they had been over and over this
same discussion during the past few years . Mr. Villane ' s two lots are
contiguous and as with many other properties on the Island considered as one,
The. license was issued with the restriction that no entrance or exit be
made from or onto Annapolis Way. The Villane ' s were asked to police their
lot for any inproprieties .
Byfield Little League was. given approval for a concession stand at
Pearson Field during scheduled games. The fee will be waived for the
Common Victualler license.
A request for use of the Upper Green by the Nursing Staff of Anna
Jaques Hospital on May 20, 1994 from 5-7 p.m. was approved.
Selectmen' s Meeting (cont'd) May 3, 1994
Chairman Machiros advised the Board that after several interviews with
health insurance carriers, it was recommended that the Town pursue
enrollment in MIIA' s Blue Cross/Blue Shield program. It was moved by
Selectman Adams and seconded by Selectman Tevald to accept this
recommendation.
An installers permit was reviewed and renewed for T.L. Norton Co.
Inc. of Newburyport.
Chief Merry advised the Board that he had spoken with Mass Highway
regarding locating a school zone on School and Elm Street. He was
advised by the State Engineers that the Town can establish such a zone
providing the State ' s criteria are met, approved signs are used, and the
grades are below grade nine. Chief Merry felt all the criteria could be met
and he was asked to pursue this project and keep Tim Loenard of the
Highway Dept. advised of what was needed. Selectman Tevald asked if the
zone would extend to Coleman Rd. Chief Merry stated it would because of
pedestrian traffic and crosswalks . Chief Merry also spoke of his progress
with restricting truck traffic on the Central Street connector to Elm
St. He advised that the alternate route proposed for truck traffic had
been accepted by the State. Delivery trucks etc. would be exempt from this
restriction and signs will be posted to insure compliance with this
ruling.
Selectman Tevald discussed the problem of parking on Lunt St. during
ball games . He recommended that "NO PARKING DURING BALL GAMES" signs be
posted on the opposite side of the street from the ball field to alleviate
this problem. Chief Merry was in agreement with this recommendation and
Tim Leonard will be advised to erect the proper signs .
Selctman Alan Adams was congratulated on his election to another term.
It was moved by Chairman Machiros and seconded by Selectman Adams that
Joe Tevald remain as Clerk of the Board. It was then moved by Selectman
Tevald and seconded by Selectman Adams that Angie Machiros remain Chairman
of the Board.
The early retirement incentive program for teachers was discussed
briefly. It was moved by Selectman Adams, seconded by Selectman Tevald
and voted unanimously to accept the provisions of Section 83 of Chapter 71
of the Acts of 1993 , as amended, known as the "Education Reform Act of
1993 " , to provide for an Early Retirement Incentive Program for the
members of the Massachusetts Teachers ' Retirement System employed by the
Newbury Public Schools, with said program to include a five year additional
credit for age, service or a combination thereof and no limit on the
number of eligible employees.
The meeting was adjourned at 8 : 30 p.m.
Respectfully submitted
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
May 23, 1994
Chairman Machiros opened the meeting at 7 :35 p.m. Selectman
Joseph S. Tevald and Alan I. Adams were present.
The following warrants were signed by the Selectmen:
May 3, 1994 W44 $187 , 522 .32
PW44 96, 825.. 88
May 10, 1994 W45 115, 712 . 03
PW45 21, 392 . 25
May 17 , 1994 W46 171 , 654 . 48
PW46 99, 039 . 59
A request from Central Street Mobil was approved to extend their
operating hours for the Memorial Day Weekend to 6a.m. to 12 midnight, May
26th thru May 30th. No repairs will be allowed after 10 p.m. except for
emergencies.
Paul Daubitz, Chairman of the Planning Board indicated that the
Planning Board was looking forward to working with the Conservation
Commission and the Selectmen on the hydrological study. He advised the
Board that Mark McQueen of the US Soil Service had offered to assist the
Town in defining the types of services needed and available so an not
to duplicate efforts . He will be at the Planning Board Meeting June 1st
at. 6 :30 p.m. to report on studies done in other towns and Mr. Daubitz
extended an invitation to the Selectmen. Selectman Tevald will attend the
meeting. Mr. Daubitz also advised the Board that Bruce Saunders had been
appointed as liaison to the Board of Selectmen to work as an intermediary
and communicator between Boards .
Ms . Guthrie and Mr. Bade questioned the RFP process for the proposed
hydrological study and asked if the public would be allowed to review the
RFP prior to going to bid. Chairman Machiros stated that all documents
were open to the public, however, it will be the responsibility of the
three boards to formulate the RFP. the scope of the study is still unknown
but input from the Boards and experts such as Mr. McQueen will help in
defining the proposal . All reports and documents are open to public
review.
On the recommendation of F. Ryburn Lynch, Chairman of the COA, the
following persons were appointed to serve on the COA Board for FY95 :
Grace Daly, J. Cynthia Dennis, Mary Hudson, Richard Joy, F. Ryeburn Lynch,
Archie Manoogian, Hazel Potter, Desiree Rogers, Mary Rogers, Dorothy
Williams.
On the recommendation of Chief Merry the following persons were
appointed lifeguards for the 94 summer season (May 23 to Sept. 15) :
Fulltime - Jason ryder, emily Hopping, Andrew Bernier, Wm. Carter, James
O'Hara, Stephen Chaisson, Jeffrey Eaton, Sandy Sarney, Stephen Spanger,
and Mark Ferrara. Reserve - Michael Purris, Jonathon Story, Michael Noyes,
Eric Touhey, Jeffrey Sawin, Scott Jason, Liana Magner, Stephen Bouffard.
Selectmen' s Meeting (Cont'd) May 23, 1994
On the recommendation of Don_:Rowe1T_, Harbarmaster; the=following
persons were appointed to the office of Harbormaster with Special Police
appontments for waterways and the surrounding shores for FY95 : Donald
Rowell, Harbormaster; Roger Merry and Andrew Avelis Sr. , Deputys; Glenn
Gavin, Sgt. ; Andrew Avelis Jr. , Michael Nixon, Richard Olsen, Assistants.
It was moved by Selectman Adams and seconded by Selectman Tevald
to carry over all other appointments until time allows reappointments to
be made.
A permit was approved for Essex County Gas co. to open and excavate
57 Main St. and 5 river St. both for the installation of new gas services.
A request was approved for Cub Scout Pack 44 to hold a can drive on
June 4th from 9a.m. to 12 noon in the Town Hall parking lot. Chief Merry
will be contacted to establish safe areas for the scouts to conduct
this drive.
A request from Dr. Thomas Tomasik, General Chairman of Yankee Home-
coming was approved to hold a sand sculpture and kite flying contest on
the northern end of our P.I . beach- on sunday, July 31st from 10a.m. toll
3 p.m. Dr. Tomasik will be asked to contact Chief Merry regarding parking
for this event.
Two one day special permits for the sale of alcoholic beverages were
approved for Governor Dummer Academy for June 10 and 11 from 12 noon to
12 midnight. for their annual alumni ,reunion.
Chairman Machiros advised the Board that Charlie Powers and Atty.
Lagoulis had inspected the Sears property on Sunset Blvd. which had been
willed to the Town by Rev. Sears. They reported that the house meeds
many repairs and due to the close proximity of houses in the area, the
lot would not lend itself to use as a park. Mr. Powers recommended that
the Town not accept this gift. Selectmen Tevald and Adams were asked to
look at the property and advise Counsel of .their thoughts so that the
Sears estate can be advised.
Common Victualler, Parking Lot, Sunday Ice Cream and Milk licenses
were approved for Wm. Mulrennan, Manager of the Oceanfront Beach Club
providing the taxes are paid to date on the property. No license for
club use will be issued.
Selectman Tevald inquired if there had been any response to our appeal
for a director of the Summer Recreation Program as he had arranged for
the children to use the Triton facility. No one has responded to date.
It was suggested that perhaps Tom Selemi might put another appeal in the
News .
The Board also mentioned they were still looking for a level lot
of land which could be used as a ball field for the Little League. It
94e Toxrtmunfuealt4 of c s�xc arse#ts
Mouse of Ppres.enlatif res
$tate Mouse, Poston 02133
HON. THOMAS G.PALUMBO.
2ND ESSEX DISTRICT
i
May 26, 1994
Honorable Selectmen
Newbury Town Hall
Newbury, MA 01951
Re: Successful Amendment to H.4879 Regarding Landfill Mining
7
Dear Chairman Machiros and Members:
Attached please find a copy of House Journal showing my
successful amendment to House 4879 the capital bond reported
in part which grants our community a quarter of a million dollars
($250, 000) for the Landfill mining plot project overseen by
the Department of Environmental Protection. I have spoken with
Senator Buell about including the provision in the bill when the
Senate deliberates same. I trust you will contact him directly
and voice your support for such action. Thank you for your
attention hereto.
Please include a copy of this correspondence with the attached
amendment in the minutes of your next formal meeting.
Very truly yours,
Thomas G. Palumbo
j, COMMITTEE ON WAYS AND MEANS ROOM 549. STATE HOUSE TEL. (617)722-2489
Q,l
OF THE HOUSE. }
t MONDAY, MAY 9, 1994.
` eft then moved that the bill be amended I " There beingno 523
fter item 21 20-8833 the following objection. — Messrs. Palumbo of Newbury and
new Tarr of Gloucester moved that the bill be amended in section 2 by
f providing water inserting after item 2120-8836 (inserted by amendment) the follow-
p g resources res-
afety improvements and rehabili- "ng item:
atta �..
poell.. River Dam located in 2120-8837 For the purposes of providing for the study,design,
ttapoisett..................................... repair and rehabilitation of the Pentucket Pond
-led. 25o.0p0"
Dam located in the town of Georgetown............
en moved that the bill be amended r-and by inserting before item 2440-8950 the followingitem- .00000 •
2120-8834 (inserted by amend- "2200.8959 Fur the purposes of a pilot program and exploraton
of new technology for landfill minin .so-called•
ryf'e'm
.....
ake Gardner Dam in the in the Town of Newbury; g
town shall make available t phevdepartrd. nentseny
wed. 320,000 , and all engineering reports, summaries, and
other refuted information and technology on a
then moved that the bill be amended in continual basis.........
m 6000-3950 the following item:
. .... ..................:.:.............
The amendments were adopted. 250.0001'.
_l i ousin y Mrs. Parente of Milford then moved that the bill be amended
g Authorit for the section 2 by Parente
after item 2120-
alling an elevator at Deming 8837 (inserted by amendment)
........... .. .. the following item:
ed. "2120.8891 For the reconstruction of Godfrey.................Brook in the
nen moved that the bill be amended in �'
Town of Milford ... ......................
by striking out, in lines 6 and 7, the The amendment was adopted. 100.000
r control"and inserting in place thereof ) Mr. Quinn of Dartmouth then moved that the bill be amended in
that not more than twenty-five thou- section 2 by adding at the end thereof the following it
.I for the purpose of aquatic vegetation "8100.5002
referred to as the upper middle For the purpose of Fall River
the fire lower located
er and in the Freetown Fall River State Forest..............
i. and the amendment was adopted. 50.000";
There Messrs. Cox of Lowell and Le[acheur of Barre being no objection. —Chicopee moved that t
tessry Caron h Springfield, Brewer
�e amended in section 2 by adding at ' section 2 by adding at the end of item 8100-5000 the words and
l�rn: he bill be amended in
provided further that reimbursements shall be made available from
establishing a multi-purpose ! the grant proeram to an
cityM Lowell et conjunction purchased such bullet.proof vests afteral P January yice 1. 1994 department
had
ten
of Massachusetts at Lowell
well and for am•related costs proof of purchase".
however. that the amount The amendment was adopted.
-nt shall not exceed one-third
=project: provided. how- There being no objection. — Representatives Rogers of Norwood'
be expended from this and Harkins of Needham then moved that the bill be amended by
'f a plan is submitted to adding at the end thereof the following
ways cmd means and SCCIIOn:
"SECTION 25
w . The department of environmental management
ce . .. I5.0WAXy". shall grant to the town of Medfield on it certain parcel of land owned
I by said department adjacent to the Charles River and in the northwest
- Representatives Honan of Boston corner of said town. a 'protective easement', so-called, consisting of a
the bill be amended in section 2 by four hundred foot radius as so required by department of environmen-
.inserted by amendment) the follow- lal protection regulation 310 CMR 1.00. for the express purpose of the
installation• development and main(en;utce by said ton, of a public
w ncr quality improvements. water supply wellhead at the centerpoint of said radius
<- Feasibility studies and The amendment was adopted.
.:)ntrol at Chandlers Pond Mr. Finneran of Boston then moved that the bill he amended by
Boston.........
50,00011. adding at the end thereof the following eight sections:
"SECTION 26. Paragraph (a) of section 12 of chapter 372 of the
acts of 1984, as "lost recently amended by section I of chapter 151
Selectmen' s Meeting (cont'd) May 23, 1994
was suggested that perhaps Mrs. Annette Joyce who owns a four acre parcel
on Elm St. might donate a section of her property as a memorial to her
husband, Tom Joyce. The Board .will try to contact Mrs. Joyce with a
proposal..
The meeting was adjourned at 9p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
June 14, 1994 .
Chairman Machiros opened the meeting at 7 :35 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
May 31 , 1994 W 48 $ 75, 244 . 46
PW 48 103, 096 . 36
June 7, 1994 W 49 92, 382 . 00
PW 49 21, 563 . 57
To comply with the,. requirements of the conflict of interest regu-
lation set by the State Ethics Commission, it was moved by Selectmen Adams
and seconded by Selectman Tevald to appoint Joan Peterson of Rowley and
the entire Triton Regional School Committee as "Special Municipal
Employees" for the Town of Newbury.
A request from the Historic Commission for an additional $2, 253 . 55
for FY94 for the restoration of two books was approved by the Selectmen.
A request from Special Olympics of Mass asking the Town to include
"Recycle for Gold" stuffers with their property tax bills was approved
pending approval by the Treasurer/Collector. The Board publicly endorsed
the "Recycle for Gold" project which recycles unwanted autos at no
charge to the consumer.
The Selectmen thanked Representative Palumbo and his colleagues
for their efforts on behalf of the Town of Newbury to secure a grant of
$251, 001 for our Landfill Mining Project.
On the recommendation of Harbormaster, Don Rowell, the following
persons were appointed as Assistant Harbormasters with Special Police
powers for waterways and the surrounding shores: Charles Eicher of
Newbury, Russell Stiles of W. Newbury and Robert Bishop of Salisbury. Mr.
Rowell advised that moorings were closed off from Route 1 to the
Country Club.
The Highway Department advised that Larkin Road Bridge would be
closed to traffic for repairs on Monday and Tuesday, June 21 and 22 .
Selectmen' s Meeting (cont'd) June 14, 1994
The warrant for the June 28th Special Town Meeting was reviewed
and signed. .
Richard Cunningham, ACO, advised the Board that he would be leaving
for vacation for two weeks beginning June 23rd. Madelyn Cirinna, Asst.
ACO, will assume his responsibilities while he is away. Mrs. Cirinna was
reappointed Asst. ACO for FY95 .
Permits were approved for Essex County Gas Co. to open and excavate
Lot 2 Parker Street and Lot 2 and 3 Rolfe ' s Lane for new gas services.
A request for use of the Upper Green was approved for the P.I .
Mothers Club to hold their Annual Crafts Fair and Fleamarket on Saturday,
August 13 (raindate August 20) .
Five one day special permits for the sale of alcoholic beverages
were approved for Governor Dummer Academy for June 18, 21, 25 July 20
and August 20 .
A 5% increase was approved for Home Health Care of Greater Nbypt,
increasing their annual contract fee from $3500 to $3675 .
At 8p.m. a ten minute recess was called. The meeting was reconvened
at 8 : 10 p.m.
After a brief discussion with Ed Suprin regarding the Summer
Recreation Program, it was moved by Selectman Adams and seconded by
Selectman Tevald to hire Mr. Suprin as Director of the Program replacing
Mike Tracy who will not be returning from his teaching position on
Long Island.
The meeting was adjourned at 8 :35 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
June 28, 1994
Chairman Machiros opened the meeting at 8 : 10 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
June 14, 1994 W50 $130, 630 .33 .
PW50 99, 130. 14
June 21 , 1994 W51 211, 980 . 85
PW51 31, 955 . 93
Appointments were approved for the following departments for FY95 :
Police, Summer Recreation Program Counselors, Shellfish Constables,
j
T e C�ontxrroxtfxxerxX of ttssxc 4us.etts
,a
Pause of �6pr zznlafif rs
ttttenus8, nstntt II2133
HON. THOMAS G.PALUMBO
2ND ESSEX DISTRICT
I
Memo To: Mayor James Rurak, Haverhill City Council , Selectmen,
Finance Committees, Superintendents of Schools, School
Committees
Re: FY95 Budget Amendments; School Choice Reimbursement;
Hardship Waiver Provision for Education Reform Act.
Attached please find a copy of House Journal regarding two
amendments which were adopted in the recent House debate on
the FY95 State Budget and which would provide a hardship waiver
provision for local communities under the Education Reform Act
as well as School Choice reimbursements for certain communities
as per attached schedule. I have spoken with Senators Jajuga
and Buell_ regarding same in hopes that they will insert both
amendments during the upcoming Senate FY95 Budget Debate. I
trust you will join me in voicing your support for the course of
action. If you have questions regaring these items please feel
free to call me at 617-722-2489. Kindly read this memorandum
including the attached supplements into the official minutes of
your next regular scheduled meeting.
Respectfully yours,
Thomas G. Palumbo
2nd Essex District
k.
,P
COMMITTEE ON WAYS AND MEANS ROOM 549, STATE HOUSE TEL. (617)722-2489
I k.
:a
MONDAY, MAY 9, 1994. 16
469--) JOURNAL OF "('HE HOUSE, n i,
humanities shall be notified of the amount of any reduction in the
3enerat determined by the department of revenue, of all the member munici- preliminary local contribution amount.
appropriation palities of the regional school district. The regional school agree- Upon the majority vote of the member municipalities, any regional
sti ' ment among the member municipalities shall be amended to reflect school district which used qualifying revenue amounts in a fiscal
the vote to adopt a regional municipal revenue growth factor. The year that shall not be available for use in the next fiscal year, may
department of education shall utilize the regional municipal revenue appeal to the department of revenue no later than September first,
growth factor or calculate the minimum required local contributions nineteen hundred and ninety-four, for an adjustment to its net school
in accordance with the provisions of this chapter.". spending requirement. If the claim is determined to be valid, the
After remarks the amendment was adopted. department of revenue shall reduce the net spending requirement
�-- There being no objection, — M of Holliston other based on the amount of shortfall in revenue and reduce the minimum
members of the House moved at.the bill be amended by striking required local contribution of the member municipalities accord-
, outer sec inserting in place thereof the following section: ingly. Qualifying revenue amounts shall include but not be limited
V" ( SECTION 104. The department of revenue shall upon the to extraordinary amounts of excess and deficiency, surplus, and
req est of any.ci y or town calculate in the fiscal year beginning on uncommitted reserves.
July first, nineteen hundred and ninety-four local contributions as Any regional'school district which received regional school
defined in section two of chapter seventy of the General Laws and incentive aid in fiscal year nineteen hundred and ninety-five may
certify to the department of education the amount calculated. Any appeal to the department of education for an adjustment in the mini-
j city or town that used qualifying revenue amounts in a fiscal year mum required local contribution of its member municipalities. The
that shall not be available for use in the next year, or that will be department of education shall reduce the increased assessment of the
required to use revenues for extraordinary non-school related member municipalities as a result of the reorganization of the
expenses for which it did not have to use revenues in the preceding regional school district by using a portion of the regional incentive
fiscal year or had a certified municipal revenue growth factor greater aid to reduce the prior year local contribution.
than or equal to two times the state average municipal growth factor If the regional school budget has already been adopted by two-
or where the-minimum required local contribution over the prior thirds of the member municipalities, upon a majority vote of the
year local contribution amount is greater than the municipal revenue member municipalities, the regional school committee shall adjust
growth factor amount for the city or town, may appeal to the depart- the assessments of its member municipalities in accordance with the
ment of revenue no later than September first, nineteen hundred and reduction in minimum required local contributions approved by the
ninety-four for an adjustment of its local contribution. If the claim is department of revenue or the department of education in accordance
determined to be valid the department of revenue shall reduce pro- with the provisions of this section:
portionately the prior year local contribution amount based on the The amount of financial assistance due from the commonwealth
amount of shortfall in revenue or reduce the current year minimum in fiscal year nineteen hundred and ninety-five under chapter seventy
required local contribution amount proportionately based on the or any other provision of law shall not be changed on account of any
amount,of increase in extraordinary expenditures in the current redetermination of the required local contribution under this
fiscal year or the extraordinary municipal revenue growth factor, section.-.
provided, however, that no adjustment to the minimum required Pendin the uestion on ado [join o n-
local contribution on account of an extraordinary expense raised in tatives arr o Gloucester, Palumbo of Newbury, f
the budget of the fiscal year beginning on July first, nineteen hun- owe ar ner o o iston an Cousins of Newburyport moved
dred and ninety-four shall affect the calculation-of the minimum that it be amended by adding at the end thereof the following
required local contribution in subsequent fiscal years. Qualifying section:
revenue amounts shall include but not be limited to extraordinary "SECTION 104A. The Department of Education and the Depart-
amounts of free cash, overlay surplus, reduced federal impact aid ment of Revenue are hereby authorized and directed to authorize the
pursuant to Public Law 81-874 due to the closing of a military base, communities of Amesbury, Georgetown, Gloucester, Newbury,
and other available funds. Notwithstanding the provisions of Rowley, and Salisbury, the regional school districts known as Triton
clause (14) of section three of chapter two hundred and fourteen of Regional and Southern Berkshire Regional and any other remaining
the General Laws, or any other general special law to the contrary, school system which has not expended its allotment of so-called
the amount so determined shall be deemed to be the local contri- 'School Choice Aid' prescribed M.G.L. Chapter 70, to expend such
bution described in said chapter seventy and the department of edu- funds as are remaining in their allotment and to provide reimburse-
cation shall use the local contribution amount certified by the ment for the same.".
department of revenue to calculate preliminary local contribution The further amendment was adopted.
and any other factor that directly or indirectly uses the local contri- The amendment offered by Ms. Gardner of Holliston, et als, as
bution amount, provided that the house and senate committees on amended, then.also was adopted.
ways and means and the joint committee on education, arts and
AMESBURY - $297,929
TRITON REGIONAL - $400,912
SOUTHERN BERKSHIRE REGIONAL - $110,000
GLOUCESTER - $504,749
GEORGETOWN - $180,286
NEWBURY - $ 31,044
ROWLEY - $ 35,675
SALISBURY - $ 78,999
b..o
MASSACHUSETTS ASSOCIATION OF SCHOOL SUPERINTENDENTS
PETER R.FINN
FXECVTIVE DIRECTOR
IS Tremont St.
Suite 143
Boston,MA.02108
617-523-4263
t.
Selectmen' s Office (cont'd) June 28, 1994
Forester and Deputy Forest Wardens and Fire Engineers and are on file
in the Selectmen' s Office.
A letter from Representative regarding two amendments to the
FY95 State budget for School Choice reimbursements and A Hardship Waiver
Provision for the Education Reform Act was read by Chairman Machiros
and is entered into the official minutes of this meeting.
A new request for an installers license from Peter Nicoll of Newton,
NH was reviewed. Mr. Nicoll will be asked to meet with the Selectmen to
discuss his qualifications .
A one day special permit #11 for the sale of alcoholic beverages was
issued to Richard Simkins d/b/a the Grog Shop for a Chamber of Commerce
Garden Party on July 7th from 3-7 p.m. at the Newbury Perennial Gardens .
The MIIA Trust Agreement for the new employee health insurance
plan was reviewed and signed by the Selectmen.
It was moved and seconded to appoint Todd McGrath as Solid Waste
Coordinator for the Landfill Mining Project. Mr. McGrath will be a
valuable asset to this project as well as to the Highway Department.
Selectman Adams mentioned that over the winter three trees had been
lost on the Upper Green. The Tree Warden will be asked to look into
replacing them.
Selectman Tevald spoke of the States Smoking Cessation Program. He
advised that the Town is staying abreast of the program. We have
eradicated cigarette vending machines in Town had have few outlets for
.the sale of cigarettes, therefore, we do not qualify for most programs
limiting sales of cigarettes. Public places are monitored independently
and designated "no smoking" areas have been established. At present
the States programs appear too restrictive but he recommended the Board
continue to monitor their progress .
Greg Szumowski of Elm Street inquired about Mr. Allen' s petition
to restrict truck traffic on the lower section of Central Street. Chief
Merry advised that all necessary surveys have been completed and the
paper work had been submitted to Mass Highway. At present we are just
waiting for approval from the State.
It was moved and seconded to reappoint all persons whose terms
expire 6/30/94 and all others will be carried over.
Chairman Machiros thanked everyone for the cards and gifts sent to
his grandson, Matthew. He advised that Matthew was doing fine and the
family appreciated everyone ' s thoughtfulness .
Selectmen' s Meeting (cont'd) June 28, 1994
The meeting was adjourned at 8:35 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
July 12, 1994
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 28, 1994 W52 $156, 494 . 67
PW52 281, 423 .80
June 30, 1994 W5.3 118, 073 .89
PW53 4, 356 . 00
W54 55, 842 . 50
PW54 1, 958 . 15
July 5, 1994 W1 146, 351 .85
PW1 22, 851 . 65
It was moved and seconded to support the Town of Rowley in their
efforts to file for a hardship waiver to have their minimum contribution
to the Triton Regional School District reduced. Selectman Adams stated,
"we are willing to work with their community as long as our town is not
jeopardized" and Selectman Tevald added, "as a regional district the Towns
must be supportive of each other. In the spirit of good neighbors, if
we can help, we will help" .
A notice of intent to sell/and or convert land classified as "forest"
land and taxed under the provisions of Chapter 61, owner of record-Jean
Wilson, Lot #2 Middle Rd. (Assessors Map R14-13B) was read by Chairman
Machiros. Chairman Machiros asked if anyone present wished to purchase
this property. There was no response. It was moved by Selectman Adams,
seconded by Selectman Tevald and voted unanimously not to exercise the
Town' s option to purchase said property.
The following persons were appointed to the Harbor Commission for FY95 :
Peter Courtney, Ron Filmore, James Rambus, Edmund Shepard, Howard Fernald Jr.
Alfred Thurlow, Phil Kimball, Brendon Stokes, Mark Yelinek, Donald Rowell .
A license governing the Town' s sewer construction on MBTA property
was reviewed and signed by the Selectmen.
For the record, Chairman Machiros noted a 2 'x3 ' Newbury Flag had been
given to Alyssa Scaparotti to take with her to Japan. Ms. Scaparotti will
be attending the International Junior Art Camp there and planned to present
the flag to the community leaders.
It was moved and seconded to appoint Worthen Taylor Jr. as assistant
to the Building Inspector, Charlie Powers.
Selectmen' s Meeting (cont'd) July 12, 1994
A complaint filed by Mr. & Mrs. Wayne Cedres against a dog owned
by Lee Leonard was read by Chairman Machiros . A hearing date will be
tenatively set for July 26 at 8 p.m.
Mr. Selemi of the Daily News inquired on the progress of the
hydrological study and the RFP. The Board advised that they were waiting
for a definitive direction from the State on Title 5 prior to investing
money into a study which could be invalidated by the states rulings. In
the interim the Planning Board is collecting information from various
agencies which could prove helpful when the RFP is drafted.
The meeting was adjourned at 8 :30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
July 26, 1994
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:
July 12, 1994 W2 $412, 8.07 .84
PW2 42, 387 . 26
July 19, 1994 W3 262,712 . 85
PW3 26, 673 . 03
A letter of complaint from a concerned citizen regarding the
condition of a property at #50 Cottage Road was read by Chairman Machiros .
It was recommended that this letter be forwarded to the Chairman of the
Trustees of the Reservation (owners of record) along with a request from
the Board that they take the necessary steps to clean up this property
as soon as possible and keep the Selectmen advised of the status of this
clean up.
A request from Cub Scout Pack 44 for use of the Lower Green for a
Chuckwagon Derby on Saturday, September 24th was approved.
Pursuant to Chapter 130, section 57 of the MGL an inquiry was
received from David Foley Jr. of Middle Road regarding the possibility of
cultivating shell fish on the sandbar of the northern bank of the Parker
River. This inquiry will be forwarded to the Shellfish Commissioners for
their determination.
Selectmen Tevald and Adams were asked to inspect the Sears property on
Sunset Blvd. , as soon as possible and advise the office of their findings
so that the estate can be notified of the Town' s decision on the
Selectmen' s Meeting (cont'd) July 26, 1994
acceptance of this property.
A proposal from the Library Board of Trustees was read concerning the
formation of a Library Building Committee for the purpose of investigating
funding sources for building renovation, additions or new construction.
Board members were asked to read the plan and comment at the next meeting.
The Trustees will be advised to proceed in their quest and notify the
Board if assistance is needed.
The meeting of August 23rd has been rescheduled for August 30th.
Bids on road materials and a one-ton dump truck for the Highway Dept.
will be opened and read at the meeting of August 9th.
Tim Leonard will be asked to investigate the possibility of using an
algaecide (safe for goldfish) to clean the Upper Green Pond. The Highway
Department will also be asked to clear the brush and grade the south end
of Fairview Avenue.
The meeting was adjourned at 8 : 10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
August 9, 1994
The meeting was opened by Clerk, Joseph S. Tevald at 7 : 40 p.m.
Selectman Alan I . Adams was present. Chairman Machiros was absent.
The following warrants were signed by the Selectmen:
July 26, 1994 W4 $ 53 , 179 .76
PW4 45, 985 . 88
August 2, 1994 W5 . 254, 692 . 59
PW5 24, 748 . 93
At the request of the Finance Committee, year end transfers to the
Reserve Fund were reviewed and taken under advisement.
A request from Essex County Gas Company to open and excavate
Hanover .Street at the Newbury Elementary School to install a new gas
service was approved.
A request from Essex County Gas Company to open and excavate the
corner of West and Main Streets to install 10 anodes to a depth of 25 feet
was taken under advisement until a clearer explanation is obtained of the
project.
A request from North Shore Cyclists for use of the Upper Green on
August 27 & 28 as a fifty m; ile water stop for their Century Ride was
granted subject to Chief Merry' s review and approval .
Selectmen' s Meeting (cont'd) August 9, 1994
Common Victualler, Parking Lot, Sunday Ice Cream and Milk licenses
were granted to Wm. E. Mulrenan d/b/a Surfcasters Galley at 2 Northern Blvd.
The legal notice for bids on a 1995 4x4 one-ton dump truck was read
by Clerk Tevald. Four bids were opened and read. Bids were received from
Liberty Chevrolet of Wakefield, Mirak Chevrolet of Arlington, Moore GMC
Truck of Danvers and Donohue Motors of Newburyport. It was moved by
Selectman Tevald and seconded by Selectman Adams to take these bids under
advisement. Highway Superintendent, Tim Leonard will be asked to
compare specifications, warrantys, delivery etc. and make a recommendation
to the Board, at which time the bid will be awarded.
The legal notice for bids on road materials for FY95 was read by
clerk Tevald. Eleven bids from six companies were opened and read. Bids
were received from Penn Culvert, East Coast Sand, Pearson Landscaping,
Bardon Trimount, Brox Industries, All States Asphalt Inc. It was moved
and seconded to take the bids under advisement. Highway Superintendent,
Tim Leonard will review the bids and make his recommendations . Selectman
Adams advised that the Board reserves the right to reject any and all bids
if deemed to be in the best interest of the Town.
On the recommendation of the Shellfish Commissioners, Cape Merrill
will be opened to clamming beginning Wednesday, August 10th. until
further notice.
The meeting was .adjourned at 8 : 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
August 30, 1994
Chairman Machiros opened the meeting at 7 :30 p.m. Selectman Alan
I . Adams was present. Selectman Tevald was absent.
The following warrants were signed by the Selectmen:
August 9, 1994 W6 $ 44, 417 .32
PW6 44, 329 . 21
August 16, 1994 W7 588., 018.73
PW7 26, 565 . 23
August 23, 1994 W8 61, 909 . 96
PW8 43 , 893 . 46
On the recommendation . of Tim Leonard, Highway Superintendent, the
following bids were awarded:
One-ton dump truck - Donohue Motors
Asphalt Type I-1 - Brox Industries
Culvert Pipe - Penn Culvert
Sand, gravel, lyn-pac, stone dust and pea stone - East Coast
Sand &Gravel
Selectmen' s Meeting (cont'd) August 30, 1994
Equipment rental- Pearson Landscaping
Road reclamation will be re-advertised as only one bid was received and
it could not be considered a true sampling in the best interest of the
Town. It was moved and seconded that bids be requested again for the
Sept. 12th meeting.
A request for use of the Upper Green on Saturday, September loth
by Protection Fire Co. #2 for a muster and games was approved.
A request from Essex County Gas Co. to open and excavate 22 Rolfe ' s
Lane for a new gas service was given tentative approval . The Highway
Department will request the gas line be hogged under the roadway rather
than excavating . if possible.
A request from Pat Gray d/b/a Porgy' s Cafe for a one day wine. & beer
license for a wedding reception at PITA Hall on Saturday, Sept. 24th was
put on hold pending confirmation of liability insurance. If Ms . Gray
has none then the license must be applied for by PITA Hall .
October 24th was proclaimed United Nations Day as part of a nation
wide effort to honor the organization and celebrate their 50th Anniversary.
Mary DeLai, Regional Services Coordinator and Thomas O'Leary Jr. ,
County Planner form the Essex County Office of Regional Services in Salem
spoke briefly regarding their renewed effort to provide regional solutions
to community problems . Their work plan for the coming year will be
gauged on the needs of local communities . A few of the many problems
suggested include household hazard waste collection, co-op purchasing,
personnel sharing, ADA compliance and equipment exchange. Mr. O'Leary
stated they also hoped to reinstate their Engineering Department and
could possibly aid Newbury with the hydrological study proposed for the
Parker River area. Selectmen Machiros and Adams agreed that County
Government was headed in the right direction and offered their support to
the County' s attempts to provide regional solutions to local problems.
The minutes of the meeting of August .8th were continued to Sept. 12th
for Selectman Tevald' s review.
Dick Cunningham in his capacity as Superintendent of Burial Grounds
asked that he be allowed to permit the placement of memorial markers in
the lst Settlers ' Burial Ground when requested by family members. The
Board granted this request with the stipulations that the markers be in
keeping and placed in areas for easy maintenance.
The meeting was adjourned at 8 :30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
I, the Clerk of the Board of Selectmen of the Town of.
Newbury, Massachusetts;
held September f�, 19 certify that at a meeting of the board
94, of which meeting all members of the
board were duly notified and at which a quorum bias+present, the
following votes were unanimousl " assed; all of which appears
upon the official record of theyboard in my custody:
Voted: that the said of the $13 ;400; 000 School Project
Loan, Act of 1948 Bonds of the Town dated September 15,
1994, to Merrill Lynch & Co: at 100 . 06 and accrued interest
is hereby confirmed. The bonds shall be payable on June 1
of the years and in the principal amounts and bear interest
at the respective rates as follows, 'subject to earlier
redemption at the option of the Town as provided in the
Preliminary Official Statement dated August 30, 1994 :
Interest Interest
Year Amount Rate Year Amount Rate
1995 $675, 000 8 . 00%* 2005 $675, 000 5 .4096
1996 675, 000 8 . 00 2006 675, 600 5 . 55
1997 675, 000 8 . 00 2007 675, 000 5 . 65
1998 675, 000 8 . 00 2008 675, 000 5 . 75
1999 675, 000 5 . 50 2009 675, 006 5 . 85
2000 675, 000 5 . 00 2010 675; 000 5 . 90
2001 675, 000 5 . 00 2011 675; 000 6 . 00
2002 675, 000 5 . 10 2012 675; 000 6 . 00
2003 675, 000 5 .20 2013 650; 000 6 . 00
2004 675, 000 5 . 30 2014 600, 000 6 . 00
Further Voted: that the consent dated September 8, 1994 to
the financial advisor bidding for the bonds is hereby
confirmed.
I further certify that the votes were taken at a meeting
open to the public, that no vote was taken by secret ballot; that
notice stating the place; date and time of the ineetli was filed
with the. Town Clerk and a copy thereof posted In" .the office of
the Town Clerk or on the principal official bulletin board of the
town at least 48 hours; including Satifrday but not Sundays and
legal holidays, prior to the time of the meet 'ngand. reinained so
posted at the time of the meeting; that no de1ibeXfations or
decision in connection with the sale of the bonds,:,were taken in
executive session, and that the official record 'of - the meeting
was made available to the public promptly and remains available ,to the public; all in accordance with d.L: c. 39; s:23B as
amended:
Dated: September I,L, 1994 ,
C k the Board of Selectmen
,y'
09-08-1994 DEBT SERVICE SCHEDULE
Town of Newbury, Massachusetts
ISSUE PURPOSE ........ SCHOOL (outside the debt limit)
ISSUE AMOUNT ......... S 13,400,000.00 FINANCIAL ADVISOR ....... BayBank
ISSUE DATE ........... 09/15/94 PAYING AGENT ............ BayBank
ISSUE TYPE ........... General Obligation Bond REGISTRAR ............... The Depository Trust
EXEMPT ............... Yes LEGAL OPINION ........... Palmer & Dodge
QUALIFIED ............ No PURCHASER ............... MERRILL LYNCH
CUSIP NUMBER ......... 650876 INSURER ................. Municipal Bond Investors Assurance Corp
Principal Principal Interest Principal Coupon Call Cusip
Date Balance Payment Payment & Interest Rate Price Number
09/15/94 ............. $13,400,000.00 $ $ $ % %
06/01/95 .............. 12,725,000.00 675,000.00 577,493.33 1,252,493.33 8.0000 NA AL9
12/01/95 .............. 12,725,000.00 0.00 379,050.00 379,050.00
06/01/96 .............. 12,050,000.00 675,000.00 379,050.00 1,054,050.00 8.0000 NA AM7
12/01/96 .............. 12,050,000.00 0.00 352,050.00 352,050.00
06/01/97 .............. 11,375,000.00 675,000.00 352,050.00 1,027,050.00 8.0000 NA AN5
12/01/97 .............. 11,375,000.00 0.00 325,050.00 325,050.00
06/01/98 .............. 10,700,000.00 675,000.00 325,050.00 1,000,050.00 . 8.0000 NA APO
12/01/98 .............. 10,700,000.00 0.00 298,050.00 298,050.00
06/01/99 .............. 10,025,000.00 675,000.00 298,050.00 973,050.00 5.5000 NA A08
12/01/99 .............. 10,025,000.00 0.00 279,487.50 279,487.50
06/01/00 .............. 9,350,000.00 675,000.00 279,487.50 954,487.50 5.0000 NA AR6
12/01/00 .............. 9,350,000.00 0.00 262,612.50 262,612.50
06/01/01 .............. 8,675,000.00 675,000.00 262,612.50 937,612.50 5.0000 NA AS4
12/01/01 .............. 8,675,000.00 0.00 245,737.50 245,737,50
06/01/02 .............. 8,000,000.00 675,000.00 245,737.50 920,737.50 5.1000 NA AT2
12/01/02 .............. 8,000,000.00 0.00 228,525.00 228,525.00
06/01/03 .............. 7,325,000.00 675,000.00 228,525.00 903,525.00 5.2000 NA AU9
12/01/03 .............. 7,325,000.00 0.00 210,975.00 210,975.00
06/01/04 .............. 6,650,000.00 675,000.00 210,975.00 885,975.00 5.3000 NA AV7
12/01/04 .............. 6,650,000.00 0.00 193,087.50 193,087.50
06/01/05 .............. 5,975,000.00 675,000.00 193,087.50 868,087.50 5.4000 102 AW5
12/01/05 .....:........ 5,975,000.00 0.00 174,862.50 174,862.50
06/01/06 .............. 5,300,000.00 675,000.00 174,862.50 849,862.50 5.5500 101 AX3
12/01/06 .............. 5,300,000.00 0.00 156,131.25 156,131.25
06/01/07 .............. 4,625,000.00 675,000.00 156,131.25 831,131.25 5.6500 100 AY1
12/01/07 .............. 4,625,000.00 0.00 137,062.50 137,062.50
06/01/08 .............. 3,950,000.00 675,000.00 137,062.50 812,062.50 5.7500 100 AZ8
12/01/08 .............. 3,950,000.00 0.00 117,656.25 117,656.25
06/01/09 .............. 3,275,000.00 675,000.00 117,656.25 792,656.25 5.8500 100 BA2
12/01/09 ............... 3,275,000.00 0.00 97,912.50 97,912.50
06/01/10 .............. 2,600,000.00 675,000.00 97,912.50 772,912.50 5.9000 100 BBO
12/01/10 .............. 2,600,000.00 0.00 78,000.00 78,000.00
06/01/11 .............. 1,925,000.00 675,000.00 78,000.00 753,000.60 6.0000 100 BC8
12/01/11 .............. 1,925,000.00 0.00 57,750.00 57,750.00
06/01/12 .............. 1,250,000.00 675,000.00 57,750.00 732,750.00 6.0000 100 BD6
12/01/12 .............. 1,250,000.00 0.00 37,500.00. 37,500.00
06/01/13 .............. 600,000.00 650,000.00 37,500.00 687,500.00 6.0000 100 BE4
12/01/13 .............. 600,000.00 0.00 18,000.00 18,000.00
06/01/14 .............. 0.00 600,000.00 18,000.00 618,000.00 6.0000 100 BF1
Total $13,400,000.00 $ 7,876,493.33 $21,276,493.33
Net Interest Cost ............................................................. 5.79563 (premium = 100.0000)
True Interest Cost ............................................................ 5.79121
Average Life ................................................................. 10.14208 years
Allv�svye s a ��
SELECTMEN' S MEETING
September 12, 1994
I, Joseph S. Tevald, Clerk of the Board of Selectmen of the Town
of Newbury, Ma, certify that at a meeting of the board held September 12,
1994, of which meeting all members of the board were duly notified and at
which a quorum was present, the following votes were unanimously passed,
all of which appears upon the official record of the board in my custody:
Voted: that the sale of the $13, 400, 000 School Project
Loan, Act of 1948 Bonds of the Town dated September 15,
1994, to Merrill Lynch & Co. at 100 . 00 and accrued
interest is hereby confirmed. The bonds shall be payable
on June 1 of the years and in the principal amounts and
bear interest at the respective rates as follows, subject
to earlier redemption at the option of the Town as provided
in the Preliminary Official Statement dated August 30, 1994 :
Year Amount Interest Year Amount Interest
Rate Rate
1995 $675, 000 8. 00% 2005 $675, 000 5 . 40%
1996 675, 000 8 . 00 2006 675, 000 5 . 55
1997 675, 000 8 . 00 2007 675, 000 5 . 65
1998 675, 000 8 . 00 2008 675, 000 5 . 75
1999 675, 000 5 . 50 2009 675, 000 5. 85
2000 675, 000 5 . 00 2010 675, 000 5 . 90
2001 675, 000 5 . 00 2011 675, 000 6 . 00
2002 675, 000 5 . 10 2012 675, 000 6 . 00
2003 675, 000 5 . 20 2013 675, 000 6 . 00
2004 6.75, 000 5 . 30 2014 675, 000 6 . 00
Further Voted: that the consent .dated September 8, 1994 to
the financial advisor bidding for the bonds is hereby
confirmed.
I further certify that the votes were taken at a meeting open
to the public, that no vote was taken by secret ballot, that notice
stating the place, date and time of the meeting was filed with the
Town Clerk and a copy thereof posted in the office of the Town Clerk
or on the principal official bulletin board of the town at least 48 hours,
including Saturdays but not Sundays and legal holidays, prior to the
time of the meeting, that no deliberations or decision in connection with
the sale of the bonds were taken in executive session, and that the
official record of the meeting was made public to the public promptly and
remains available to the public, all in accordance with G.L. c. 39, s. 23B as
amended.
Dated: September 12, 1994 Joseph S. Tevald
Clerk of the Board of Selectmen
It was moved by Selectman Adams, seconded by Selectman Tevald and voted
unanimously to accept the bid from Bay Bank as Financial Advisor for the
bond commitment for the school addition. Mr. Dick Dempster of Bay Bank
was present for the signing of the bonds totaling $21, 276, 493 .33 which
represents principal and interest over a twenty year period.
Chief Merry advised the Board that his office had received several
calls from elderly residents on Friday, Sept. 9th, inquiring as to the
legality of solicitations of school bonds they had been receiving. No one
in Town Hall had any knowledge of these sales at that time and after
checking a call-back number which turned out to be bogus, he advised the
residents to check their information carefully before making any
Selectmen' s Meeting (cont'd) September 12, 1994
commitments . To preclude the possibility of a scam, he notified the
News to warn residents about these solicitations. Since that time,
Merrill Lynch has notified the Town that some registered securities
dealers will be offering sales of the school bonds in increments of $5000
to the general public. Caution should still be used and credentials
checked carefully, he advised.
The minutes of the meeting of August 9th were approved.
At 7 :50 p.m. the legal notice for on "road pavement reclamation"
was read by Chairman Machiros. Two bids were received: Fitzgerald Grading
at $1 . 17/sq. yd. and All States Asphalt at $1 . 15/sq. yd. Both were taken
under advisement and will be forwarded to the Highway Superintendent for
his review and recommendation.
An application for a Class II Used Car License for Joseph Tiernan
at 89 Hanover Street was taken under advisement by the Board.
Four one-day special permits for the sale of alcoholic beverages
for Ould Newbury Golf Club were approved.
A request from the Harbormaster to increase mooring fees for 1995
will be forwarded to the Harbor Commission for their review and
recommendation.
The continuation of a 1989 service agreement (PSSA #26 & #27) with
Drummey Rosane Anderson Inc. was reviewed and signed by the Selectmen.
The following warrants were signed by the Selectmen:
August 30, 1994 W9 $366, 929 . 20
PW9 28, 266 . 60
September 6, 1994 W10 201, 983 . 11
PW10 24, 544 . 83
The meeting was adjourned at 8: 40 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
September 27 , 1994
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 13 , 1994 W11 $ 94, 455 . 27
PW11 27 ,341 . 38
September 20, 1994 W12 1, 496,732 . 38
PW12 24, 103 . 66
Selectmen' s Meeting (cont'd) September 27 , 1994
A request from Community United Methodist Church, Byfield, to close
off a portion of the street between the school and the church on
October 15th for their Apple Cider Fair was approved.
On the recommendation of the Harbor Commission, the increase in
waterways fees for 1995 was approved.
A notice of intent to sell land classified as "agricultural/
horticultural" and taxed under the provisions of Chapter 61A, owner of
record, David S. Caldwell Corp. (Assessors Map R2-11) was read by
Chairman Machiros . Chairman Machiros asked if anyone present wished to
purchase this property. There was no response. It was moved by Selectman
Adams, seconded by Selectman Tevald and voted unanimously not to exercise
the Town' s option to purchase said property.
The renewal of an installers permit for Kendall Construction Corp. of
Groveland was reviewed and signed by the Selectmen.
Selectman Tevald spoke regarding Newbury' s offer of support to
Rowley in their quest for relief from their Triton assessment. Newbury' s
original plan was to support Rowley if it did not jeopardize our position,
Selectman Tevald stated. At this late date with school already in
session, I feel supporting Rowley' s plan and withdrawing funds from the
schools could be detrimental to the students and school employees of this
town. After a brief discussion, it was moved by Selectman Tevald not to
support Rowley' s request for a waiver from their minimum contribution
to Triton, seconded by Selectman Adams.
Dick Cunningham, ACO, notified the Selectmen he would no longer
pick up road kill deer. He stated he believed the Fish & Wildlife
Department was trying to entrap him and he did not want to jeopardize
himself. Chairman Machiros asked Chief Merry to check with Fish &
Wildlife to see if this problem could be resolved. Chairman Machiros
asked Mr. Cunningham if he would continue this work until the next meeting.
Mr. Cunningham stated he would with the assurance of the Board that they
would back him up. Chairman Machiros stated they would stand by him and
would try to resolve the problem by the next meeting.
Chairman Machiros advised, for the record, that funding of primary
health insurance coverage for the firefighters, as requested by the
Board of Fire Engineers, was approved.
No action was taken on the proposed 2. 17 million dollar capital
bond for Whittier Regional Technical Vocational High School . The Selectmen
agreed .that it was "back door tactics" toput together a bond in the fall
when most budgets are set at the spring meetings.
The meeting was adjourned at 8 : 20 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
October 11, 1994
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:
September 27 , 1994 W13 $619, 995 .96
PW13 23, 703 .37
October 4, 1994 W14 45, 290 . 24
PW14 2.2, 170 . 94
A new request from James Laine d/b/a Tires Plus Garage was reviewed
for an automotive repair shop license at 88 Newburyport Turnpike. Mr.
Laine stated his business was general repairs such as brakes, shocks,
oil changes, exhaust systems and air conditioning. At his request, the
landlord, Mr. Mailley had cleaned up the yard. He handled no hazardous
wastes and the waste oil he collected would be burned for heat in the
garage. It was moved and seconded to approve the license contingent on
a favorable inspection of the property, inspection to be done by the
October 25th meeting.
A Class II Used Car license was issued to John Tiernan, 89 Hanover
Street, for the repair and sale of used vehicles. Restrictions were
placed on the license to limit displayed vehicles (to include autos,
trucks, motorcycles, boats and trailers) to not more than three (3) at
any one time and no repairs for the general public. License subject to
an annual review.
A one day special permit for the sale fo alcoholic beverages was
issued to Ould Newbury Golf Club for Saturday, Oct. 15th from 3p.m. to
12 midnight.
A request from the Triton Youth Hockey Fund Raising Committee to hold
their annual "tag day" on October 28 and 29 was approved.
Chief Merry advised he was still trying to resolve the problems
between ACO Dick Cunningham and the Fish & Wildlife Dept. regarding the
pick up of road kill deer. He requested an extension of time so that he coul,
meet personally with the department representatives . Mr. Cunningham stated
he would be patient as he did not expect the problems to go away.
Halloween Trick or Treat will be celebrated on Monday, October
31st from 5 to 7 p.m.
The meeting was adjourned at 8 : 05 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
October 18, 1994
The meeting was. opened by Chairman Machiros. Selectmen Joseph S.
Tevald and Alan I . Adams were present.
At 7 : 40 p.m. the legal notice for a Public Hearing on .the determin-
ation of the percentage of tax levy by class of real property 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
tax levy to be borne by each class of real property for
fiscal year 1995 . Hearing date Tuesday, October 18, 1994
at 7 :30 -p.m. at the Newbury Town Hall .
Mr. Worthen Taylor, Chairman of the Board of Assessors, addressed the
Board and recommended a single rate of $13 . 15 for all classes of property
(commercial, industrial , and residential) . there was no opposition
voiced. It was moved by Selectman Adams and seconded by Selectman Tevald
to accept this recommendation to set the FY95 tax rate at $13 . 15 . The
hearing was closed at 7 : 50 p.m. The Assessors will forward the proposed
rate and financial information to the Department of Revenue for final
approval .
Greg Szumowski, 172 Elm St. , asked if property owners should expect
tax increases each year due to school construction. Treasurer, Jim Cashman
answered it would depend on many variable factors over the next twenty years
(the term of the school bonds) . Interest due on the bonds is high at the
beginning but may be offset somewhat by investments of the funds. Total
cost of the bonds (principal and interest) over this twenty year period
will be approx. $21, 2761000 . Of that amount each year the Town should
expect to pay between 4 & 5ooK with the balance (690) coming from the
State.
Warrants for the State Election on November 8th were signed by the
Selectmen.
A license for Tires Plus Garage (John Laine) was briefly discussed.
Chairman Machiros stated he had visited the site and his inspection was
favorable. Selectmen Tevald and Adams agreed to make their inspections
in the next few days and if all is well the license will be realeased.
Selectmen' s meetings for the month of November will be held on the
lst and the 22nd.
The following warrants were signed:
October 11, 1994 W15 $118, 557 . 10
PW15 . 24, 221 . 08
. The meeting was adjourned at 8 : 05 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
November 1, 1994
The meeting was opened by Chairman Machiros at 7 : 45 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
October 18, 1994 W16 $552, 207 . 85
PW16 24, 597 .88
October 25, 1994 W17 41, 733 . 50
PW17 26, 607 .77
A request for use of the Upper Green for a tailgate party by the
Friends of the Triton Regional Football Team was granted for Friday,
November 4the from 4 :30 to 6 : 30 p.m.
A request from Special Olympics of Mass to close the north side of
Elm Street from Triton to Gov. Dummer on Sunday, November 6th from 10 : 45a.m.
to 12 noon and both sides of Elm Street from Triton to Gove. Dummer from
1 : 30 to 3 :30 p.m. was approved by the Selectmen on the recommendation of
Chief Merry. Residents have been notified and precautionary measures
will be instituted to cover any emergencies .
A request from Essex County Gas. Co. to install a new service at
6-8 Lunt Street was discussed. Essex County Gas proposed tunneling under
the roadway to connect the service with the stipulation that if the
process failed they be allowed to cut the roadway. It was the decision of
the Board to approve the permit only if the line could be tunneled without
disturbing the road. Except for emergency gas leaks that could endanger
the community, newly surfaced roads may not be cut.
A one day special permit for the sale fo alcoholic beverages for
Protection Fire Co. #2 was approved for Friday, November llth from 4p.m.
to 12 midnight. The permit fee was waived.
The automotive repair license for James Laine d/b/a Tires Plus Garage
was released by the Selectmen after favorable inspections. This license
to be reviewed at the end of six months .
The Selectmen urged all citizens to exercise their right to vote on
Tuesday, November 8th. The polls will be open from 7a.m. to 8p.m.
The meeting was adjourned at 8p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
November 22, 1994
Chairman Machiros opened the meeting at 7 :35 p.m. Selectmen Joseph
S. Tevald and Alan I . Adams were present.
The following warrants were signed:
November 1, 1994 W18 $16, 811 . 46
PW18 21 , 339 .83
November 8, 1994 W19 458,775 . 28
PW19 25, 053 . 43
November 15, 1994 W20 516,702 . 62
PW20 21 , 429 . 01
Richard Passeri, Chairman of the School Building Committee advised the
Board that after interviewing both firms selected from bidders for the
contract as consultant for furniture and equipment for the Round School ,
he was pleased to recommend the contract be awarded to Integrated Contract
Design Inc. of Plum Island in the amount of $64, 000 . By unanimous vote the
contract with ICD, Inc. was approved and signed by the Selectmen. Nancy
Lohrer of ICD, Inc. stated she was thrilled with the contract and it
was nice to be working in her hometown.
A request for use of the Byfield Town Hall by Brownie Troop 700 for
a rehersal and Christmas play on Friday, December 16 and Saturday,
December 17 was approved by the Selectmen.
Arthur Paquette of Georgetown presented the Board with a gift of a
collage of old photos of the Newbury area dating from 1902-1905 to be
placed on display. It was moved by Selectman Tevald and seconded by
Selectman Adams to accept this gift on behalf of the Town with sincere
thanks to Mr. Paquette.
The Board accepted the resignation of Reserve Patrolman John M.
Lilly III who has secured a full time position in the western part of
the state.
Nasser Buisier, President of A.L. Prime Energy Corp. Inc. addressed
the Board with a request for a general license for the sale of gas, auto
repair and the sale of related items and . the sale of soda and cigarettes
at 17 Central Street, Byfield (formerly the Mobil Station) . After a
brief discussion, the license was granted subject to a final inspection
of the property, hours of operation to be 5a.m to 10p.m. with repairs
between the hrs of 8a.m and 8p.m. Mr. Buisier was advised that
holiday weekend hours might be extended to llp.m. on atrial basis
upon request. Selectman Tevald should be contacted with these . requests .
Sale of items within the station is limited to non-perishable products
that could be sold in a vending machine such as soda, cigarettes and
candybars . Special promotion .(case lot sales of soda) will be allowed
but not on a regular basis .
Selectmen' s Meeting (cont'd) November 22, 1994
The Board addressed a letter received from Elizabeth and John Reeves
of 31 Main Street, Byfield regarding their concerns for pedestrians and
traffic in the area of South Main Street near the Parker River Bridge.
Their letter will be forwarded to Chief Merry for his review and recommend-
ations . Chairman Machiros stated for the record that some of these
concerns had been addressed several years ago and propsed remedies were
stymied by Mass Highway who has jurisdiction over speed limits ets.
The following permits were granted to Essex County Gas Co. :
8 Main Street-retire inactive gas service
12 Withington Street-repair emergency gas condition
6-8 Lunt Street-install new gas main, line to be run off Central
Street along sidewalk, roadway not to be disturbed.
Town Clerk, Marcia Peirce, advised that landfill stickers for 1995
would the on sale starting December 1st, price to remain at $5 . The Clerk' s
Office will be open Saturday, December 3 , 10, 17 from 8a.m. to 12 noon
for the convenience of residents .
Christmas on the Green will be celebrated on Sunday, December llth
starting at 3 : 45p.m.
Charlie Powers, Conservation Commission Chairman, reported on his
meeting with Mayor Mead regarding $19, 000 in grant funds offered thru
8 Towns and the Bay/Mass Bay Project which could possible be used for
surveying Plum Island for water and/or sewage. While it was agreed that
this is much needed, it was determined that the $19, 000 being offered
would not be enough for an intelligent survey. Such a survey could
cost upwards of $100, 000 . It was moved and seconded to accept Charlie ' s
letter to Mayor Mead advising her that Newbury would not participate in
a partial survey at this time. Chairman Machiros noted tha tthe Board
was committed to bringing water and/or sewage to Plum Island and would
work collectively with any agency. He offered any help or service the
Town could provide but at this time could not commit to being involved
in this grant proposal .
Town Hall will be closed the day after Thanksgiving by permission of
the Selectmen.
The meeting was adjourned at 8: 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
I HEREBY CERTIFY THAT THE FOLLOWING ARTICLE WAS VOTED PASSED BY UNANIMOUS VOTE
AT THE ANNUAL TOWN MEETING FOR THE TOWN OF NEWBURY ON APRIL 26, 1994.
ARTICLE 31 .
SECTION I OF CHAPTER I OF THE TOWN BY-LAWS
THE ANNUAL TOWN MEETING SHALL BE HELD ON THE FOURTH TUESDAY IN
APRIL AND THE ANNUAL TOWN ELECTION SHALL BE HELD ON THE SECOND
TUESDAY IN MAY.
cet Gcsc2 G�
Boston, Massachusetts
r..
The foregoing amendment to the general by-laws adopted under
Article 31 of the warrant for the Newbury Annual Town Meeting
that met on April 26, 1994, is approved. .
athan A. Abbott
Assistant Attorney General
January 6, 1995
SELECTMEN' S MEETING
December 13 , 1994
The meeting was opened at 7 : 50 p.m. by Clerk, Joseph S. Tevald.
Selectman Alan I . Adams was present. Selectman Machiros was absent.
A proposal from Comlink for an improved telecommunications network
thru NYNEX Centrex Service was taken under advisement. Upon review a
determination will be made. i
A recommendation from Town Clerk, Marcia Peirce, that any individual
or company operating a business of any type within the Town of Newbury for
the sale of goods or services obtain a "general business license" , was
approved by the Selectmen acting under the authority of provisions of
Section 22F of Ch. 40 of the MGL, moved by Selectman Adams and seconded
by Selectman Tevald. The fee for a general business license was set
at $25/year.
A request for use of the Byfield Town Hall for a 40th Anniversary
party on January 21st for Jean & Gilley Davis was approved as requested
by their daughter, Debra Cook and sponsered by Grange members, Marie Kelly
and Bob Field.
Liquor license renewals were reviewed and signed by the Selectmen.
Kathleen Spurling, 10 Parker River Drive, expressed her concern
regarding acceptance by the Town Clerk of decisions by boards as now
pertains to the Fatherland Farms decision from the Planning Board. She
suggested legal opinion be obtained from Counsel and all boards be
notified so as to prevent future confusion. Selectman Tevald advised
that an opinion is pending. Counsel has been out of state for the. past two
weeks but is working on clarification.
Selectman Tevald publicly thanked everyone involved .in the tree
lighting ceremony on the llth with special thanks for the donation of the
new tree and to the Elementary School Bank for their performance. He
wished all a very Merry Christman and Happy New Year from the Board.
The following warrants were signed by the Selectmen:
November 15, 1994 W20A $15, 173 . 58
November 22, 1994 W21 722, 989 . 85
PW21 27 , 648 . 27
November 29, 1994 W22 412, 445 . 84
PW22 23 , 684. 53
December 6', 1994 W23 273 , 711 . 35
PW23 35, 855 . 88
The meeting was adjourned at 8 : 15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
January 10, 1995
Chairman Machiros opened the meeting at 7 : 35 p.m. Selectmen Joseph
S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
December 13 , 1994 W24 $359, 682 . 06
PW24 28, 380 . 98
December 20, 1994 W25 45, 345 . 57
PW25 24, 288 . 55
December 27 , 1994 W26 630, 645 . 98
PW26 25, 252 .83
January 3 , 1995 W27 53, 889 . 31
PW27 23 , 224 . 06
Two petitions for a Special Town Meeting to vote on creating an
elected Board of Health were accepted by the Selectmen. It was moved
and seconded to forward these -petitions to the Board of Registrars for
verification of signatures and to Counsel as to form. the Special Town
Meeting was set for Thursday, February 16, 1995 at Triton Regional High
School at 7 : 30 p.m if all is in order.
A new license was approved for Paul O'Roak d/b/a Northwoods at
4 Silverledge for the design and crafting of furniture and related
woodworking.
A five minute recess was called at 7 : 45 p.m. The meeting was
reconvened at 7 :50 p.m.
.License renewals were read, reviewed and approved for the following
persons :
R.J.Kelly d/b/a International Antique Mart and Oulde Byfield Expo Tea
Room, Gail Gandolfi d/b/a Flukes and Finds, Scott Dehetre d/b/a Buddy' s Rest. ,
Norma & Harold Reader d/b/a High Tail Acres, John Tracy Jr. d/b/a Byfield
General Store, Walter L. Yale d/b/a Main St. Mini-Mart, Pert .Lowell Co. ,
W,\lton' s Auto Lab, Fernalds Marine, Wilco Marine Restoration, .Leslie Haley
d/.b/a Newbury Hair Design, Mary Webber d/b/a Pine Cupboard, Gloria Merola
d/b/a Beachcomber, Peter Story, James T. Morris d/b/a The Plum Inc. , David
& Mary Williamson, Glen St. Cyr d/b/a Newbury Butchery Inc. , Jack McKallagat
d/b/a Blvd. Parking Lot, Katherine Crepeau d/b/a Cafe, Frank Bennett &
Nancy Bourque d/b/a Coastal Flea Market, Christopher Snow d/b/a Byfield
Trading Co. , Virginia Moore d/b/a Ginny Moore ' s Parking Lot, James Laine
d/b/a Tires Plus, Jane McNeal. d/b/a PJ' s, Robert Ducott Jr. d/b/a Dic.k ' s
Variety, Lawrence & Geraldine Dorr d/b/a Wheelhouse Pkg. , Stephen Noyes d/b/a
Noyes Enterprises, Noyes Citgo, Howard Tolman Patsy Brown d/b/a F. Thurlow
Brown. Books, Susan Saunders d/b/a The Heart of Byfield, Wm. & Louise
Robitaille d/b/a Pheasant Meadow Farm, Dorothy Phillips d/b/a Phillips Pkg.
Lot, Norman Beckmann d/b/a Norbeck Sterling, Marcy Kearns Beauty Shop, Helen
Bulgaris d/b/a Longfellow Hill Beauty Salon, Ann Palumbo Weber d/b/a
Colonial Coiffures, Harry Foote d/b/a Bird' s Nest, Kay .Moulton d/b/a
Surfland Bait & Tackle Shop, Luciano Capodilupo d/b/a R.C.Arts & Crafts,
Linda Francis d/b/a Linda' s Home Salon, Mae Atkinson d/b/a Mae Atkinson
Antiques, Karen Candeas. d/b/a Karen' s Dog Grooming, Evelyn Mahoney d/b/a
Selectmen' s Meeting (cont'd) January 10, 1995
Mr. Moe ' s, Susan Jaworski-Stranc d/b/a Apple Cider Press & Prints, Clifford
Willey & robert Ducott Jr. d/b/a Haven II, Particia Gray d/b/a Porgy' s
Edition Cafe, Judith Fionda d/b/a Parker River Trading Post, SSK Inc. d/b/a
Corner Cupboard, Gerald Volpone d/b/a Volpone Towing, John Sheedy d/b/a
Newbury Gallery, Robert Upton d/b/a Upton Farms, Judith Mondalto d/b/a
Cross Stitch Shop, Deborah Knight d/b/a Deb' s Place, Donald Knight Jr. &
Eric Bray d/b/a New England Lobster Pools, Katherine & Robert Carleton d/b/a
Parker River Enterprises, Russell Vaughn d/b/a Ambassador Limousine, and
PITA Hall . Installers : CME Excavation, Peter Nicol , David W. Foley,
Up Country Landscaping, Haynes & Sons, Michael Noone, Nichols Realty Inc. ,
John Hartnett & Sons iNc. James Charles Contracting Inc. , Fred Jackman,
R.B. Strong Septic System Services, Greenbriar Builders, Allen P. Rogers
w. Harrison & Sons Inc. , Sturart Dalzell , Prompt Construction Co. Inc. ,
Spalding Construction, Gary Bill , Manter Co. Inc. , Francis Cournier,
Keith Walton Co. , Edward Tremblay, Pearson Landscaping Inc. Class III :
Newbury Auto Sales. Class II : US #1 Auto Marine, Special Interest Autos
of Newbury, AEL Trailer Sales, Sensible Care Lease, Byfield Auto Center,
Highline Auto. The license for R. Bruce Branconnier d/b/a Admiral Used
Cars was placed on hold until Mr. Branconnier meets with the Town. Clerk to
substantiate an on-going business at that location. There will be no fee
for the license for PITA Hall . It was also moved by Selectman Adams and
seconded by Selectman Tevald to approve the renewal of licenses for Angie ' s
Service Station and AGJ Woodcrafting and Woodworking. Selectman Machiros
abstained from this vote.
The following amendment to the general by-laws adopted under .Article
31 of the warrant for the Annual Town Meeting of April 26, 1994 has
been approved by the Attorney General :
Section I of Chapter I of the Town By-laws - The Annual
Town Meeting, shall be held on the fourth Tuesday in April
and. the Annual Town Election shall be held on the second
Tuesday in May.
A legal notice for bids on a new boat for the Harbormaster was read
and will be advertised. Bids to be accepted until 3 :30 p.m. on tuesday,
January 24th and to be opened at the meeting of January 24th at 7 : 30 p.m.
Kathleen Spurlinq of 10 Parker River Drive requested and was given
a copy of opinion from Town Counsel regarding requirements for filing a
decision with the Town Clerk as pertained to a recent Planning Board
filing.
The meeting was adjourned at 8: 00 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
January 24, 1995
Chairman Machiros opened the meeting at 7 : 40 p.m. Selectmen Joseph
S. Tevald was present. Selectman Alan I . Adams was absent.
Selectmen' s Meeting (cont'd) January 24, 1995
On the recommendation of the Town Clerk, it was moved and seconded
to hire David L. Peirce to assist the Clerk' s office with setting up the
new computer systems being provided by the State to implement the new
Motor Voter Law which took effect January 2, 1995 .
The resignation of Carolyn Johnson from the Board of Library Trustees
was accepted by the Selectmen. On the recommendation of the Trustees of
the Library it was moved and seconded to appoint Marilyn Hershfield,
6 Lenway Road, Byfield to fill Mr. s Johnson' s term until the annual Election
on May 9th.
At 7 : 45 p.m the legal notice for boat bids was read by Clerk, Joseph
Tevald. The single bid received from Riverfront Marine, Newbury was
opened and read - bid prive $31 , 660 . The bid was accepted and taken under
advisement until it is reviewed by the Harbormaster for his recommendation
and clarification regarding a trade-in.
Installers licenses were reviewed and renewed for Harris Contracting,
Charles E. Killam, W.P. Spalding Contracting Inc. and Kendall Construction.
The warrant for the Special Town Meeting on February 16th was read
and signed by the Selectmen and will be posted by Constable, Dick Cunningham,
Due to the absence of Selectman Adams, Roger Merry' s appointment as
Chief of Police was carried forward to the next meeting to be confirmed by
the full Board for a three year period Chairman Machiros assured Chief
Merry of his appointment and commended him for running a fine operation.
"He workd well with the people. and has an excellent group of officers,
both men and women working with him" , stated Chairman Machiros .
The following warrants were signed by the Selectmen:
January 10, 1995 W28 $ 27 , 313 . 55
PW28 22 , 144 . 59
January 17 , 1995 W29 364, 654 . 89
PW29 28, 011 . 29
The meeting was adjourned at 8: 00 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
February 14, 1995
Chairman Machiros opened the meeting at 7 :35 p.m. Selectman Joseph
S . Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
January 24, 1995 W30 $772, 152 . 01
PW30 23, 526 .79
January 31 , 1995 W31 24, 039 .73
PW31 22, 934 . 03
February 7 , 1995 W32 43 , 939 . 11
PW32 23 , 661 . 69
Selectmen' s Meeting (cont'd) February 14, 1995
It was moved by Selectman Adams, seconded by Selectman Tevald and
voted unanimously to reappoint Roger Merry as Police Chief for a three
year term.
A request from Richard Simkins of the Old Town Hill Committee for
use of the Lower Green on May 29, 1995 for a Village Fair was granted. A
request from them for use of the Old School House fo this Fair will be
forwarded to the Historic Commission for their consideration.
The clamming regulations for 1995/96 were reviewed and accepted as
submitted by a motion from Selectman Tevald, seconded by Chairman Machiros .
Selectman Adams abstained from the vote as he holds a commercial clamming
license .
A request for use of the Byfield Town Hall from Sharon L. Smith, 169B
Elm St. , Byfield for a singing debut on March 30 from 7010 p.m. was
approved.
A "rabies clinic" is scheduled at the Newbury Fire Station on
Wednesday, March 22 from 4-6 p.m. Dr. Grillo of the Newbury Animal
Hospital will be the attending physician.
A one day special permit for the sale fo alcoholic beverages for
Protection Fire Co. #1 for their Firemens Ball at Governor Dummer Academy
on March 4th from 5 : 30p.m. to l a.m. was approved. The fee was waived.
An installers permit for Richard Briscoe of Groveland was reviewed
and renewed.
A request from Continental Cablevision for a permit to relocate
a pedestal at #11 Courser Brook Drive was granted.
Richard .Cunningham and Madelyn Cirinna were nominated as Inspectors
of Animals for the Town of Newbury. Nominations will be forwarded to the
Bureau of Animal Health for appointment.
Chairman Machiros addressed the Special Town Meeting to be held on
February 16th at Triton to vote on whether or not the Town should have a
separate elected Board of Health. Mr. Machiros stated that the Town has
always practiced austerity and tried to keep a small efficient government.
The Selectmen as Board of Health are available to the people and can take
action immediately on threats to the community or environment. He said,
"we try to use a common sense approach and take pride in our accomplish-
ments ove the past several years, especially the landfill mining project
which has become a pilot program for the State" . Mining has addressed two
things, protecting the Parker River and safeguarding the environment. He
provided a copy of thelatest test of the monitoring well closest to the
river showing negative E-coli bacteria. We respect the environmentalists
concern but believe by mining, lining and shrinking the footprint of the
landfill we are improving an inherited problem, not leaving it for our
Selectmen' s Meeting (cont'd) February 14, 1995
children. "Most recent editorials show that this separation of the Boards is
a personal attack on the Selectmen and me, he said" . The Board is willing
to listen to anyone and address their problems or suggestions but will not
deal with personal agendas. He defended the Boards stand on the Towns
request for. a hydrological study to support the 300 foot requirement, citing
a Boston Globe article showing the defeat of the State ' s River Portection
bill to restrict development due to a U. S. Supreme Court ruling that
suggests the State could be liable for "taking" development rights on river-
front land. Our opponents have stated we are one of the few towns without
an elected Board of Health when in fact of 25 local communities only 7 have
elected Boards he stated. We respect the right of our citizens to petition
and vote on this, he said. Now the onus is on the petitioners to prove
their case.
Selectman Tevald questioned those who challenge the professionalism of
the Board. We are professionals he stated and we handle matters
professionally. Across the state there are only 6 communities that have
Doctors sitting on the Board of Health where it isn' t mandated. The trend
is downsizing government not increasing it he said. Claims that we are.
overworked are unfounded and if we were we would appoint qualified people
to help. I hope we can continue to proceed in our positions with the
support of the people.
Selectman Adams addressed the Parker River and pollution. He
admitted that there is a pollution problem but not all is caused by septic
systems, a lot of it is runoff from roads, animal waste and farms . Our
Board has worked very hard to locate and address pollution sources he stated.
A community working together is the route to solving these problems he
stated.
Arthur Allen of Central Street spoke briefly in support of the
Selectmen. Without acknowledgement of some of the good things the Selectmen
have done for the Town the arguments of the proponents of a separate
Board of Health hold no weight ne said.
Chairman Machiros thanked Mr. Allen for his support. The success of
the Town is due to the people who work for the Town he stated. We are
here to serve the people. We understand the views of our adversarys and
respect their right to these views but we must be honest with each other.
The meeting was adjourned at 8 : 20 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
February 28, 1995
Chairman Machiros opened the meeting at 7 : 35 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
The following warrants were signed by the Selectmen:
February 14, 1995 W33 $364,794 . 44
PW33 26, 421 . 61
February 21 , 1995 W34 874,739 . 82
. PW34 33 , 954 . 63
In reference to the outcome of the Special Town Meeting of the
16th, Chairman Machiros stated for the benefit of the press that the
Board was still willing to work with anyone, anytime but would not
address personal agendas . Selectman Adams added that this is the policy
that has always been in effect and will continue . to be . Selectman
Tevald noted there was no reason to change their philisophy.
Joanne Perry, a public health nurse representing Dr. Matthew Heller,
spoke .briefly on "lyme disease" and the research study being conducted
in our area on an experimental vaccine. The study is looking for healthy
volunteers between the ages of 18 and 70 to participate. Interested
persons may sign up at the Clerk' s office or by calling Dr. Heller' s
office in Peabody prior to March 15th. There is no cost to the
volunteers . Ms . Perry was thanked by the Board for her excellent
presentation.
A request from Mr. Moe ' s for use of the Upper Green Monday and
Wednesday evenings for the softball season (April thru September) was
approved.
An installers permit for Charles Rich was reviewed and renewed.
On the recommendation of Highway Superintendent, Tim Leonard,
supported by the Personnel Board, Francis (Bud) Fournier was appointed
working foreman for the Highway Department.
At the request of the Greater Newburyport Chapter of the Red Cross
the month of March was proclaimed Red Cross Month as moved by Selectman
Adams and seconded by Selectman Tevald.
Michael Doyle of Morgan Avenue was appointed to the Finance Committee
to fill the vacancy left by Bill Lacey. Appointment moved by Selectman
Adams and seconded by Selectman Tevald. .
Dick Cunningham, ACO, advised the Board that he had submitted a
job description of his position to the Personnel Board for their records .
He also advised them of his intent to place an article on the Annual
Town Meeting warrant to consolidate, add to and/or amend the dog by-laws .
He stated he would like to be able to compile a handout of the complete
dog by-laws for the Town of Newbury.
Selectmen' s Meeting (cont'd) February 28, 1995
Chairman Machiros spoke on the new Title 5 regulations which become
effective April 1 , 1995 . As interpretation is difficult and there is a
lot of confusion, he suggested holding an informational meeting for the
general - public. We will still use a common sense approach he stated.
Our citizens should not panic. If they call with a question we will get
back to them. The Board will begin by working with the local installers
on a one on one basis . A date will be set for the public informational
meeting and announced at the next meeting on the 14th. This informational
meeting will be strictly for our citizens not for professionals such as
realtors as they have professional organizations they can call on he
said.
A request from the Byfield Little League for use of the Byfield
Town Hall on Wednesday, March 1st for a registration session was
approved.
The meeting was adjourned at 8 : 20 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
March 14, 1995
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 28, 1995 W35 $26, 223 .75
PW35 21 , 875 . 52
March 7 , 1995 W36 53 ,745 . 69
PW36 24, 198 . 29
An informational meeting for the general public to clarify the new
Title 5 regulations was set for 3/28/95 at 7 : 30 p.m.
A letter was read from Evelyn Noyes, Chair of -the Byfield Water Dist.
requesting the Town' s help in securing their new proposed well site.
Research shows a Town owned landlocked nine acre parcel of land adjacent
to the Fish & Game Preserve which the District suggested might be used
in a land swap with the State. Byfield Water asked the Selectmen to
consider supporting an article to transfer this parcel to them contingent
on Fish & Wildlife agreeing to the proposal . Warrant article to be
drawn up by Byfield Water Counsel, John Healey, and Town Counsel, Jim
Lagoulis, all legal expenses to be incurred by Byfield Water. It wea
moved by Selectman Adams and seconded by Selectman Tevald to support
Byfield Water in their endeavor. Chairman Machiros stated, "water is a
precious commodity and if we can help, we will" .
A one day special permit for the sale of alcoholic beverages for the
r
C�
16 Scotland Heights Drive
Newbury, MA 01951
March 13 , 1995
Planning Board
25 High Road
Newbury, MA 01951
Attn.: , Paul Daubitz, Chairman
Dear Planning Board:
I am writing this letter to you in order to raise my concerns ,
as I will unfortunately be away and unable to attend the
scheduled March 22 , 1995, Planning Board Meeting in reference
to the proposed subdivision of the 138 acres of the Blackwell
Family Trust.
Having the fiduciary responsibility as elected and appointed
officials, I am sure that a thorough examination and detailed
study will be made on how a development project of this
magnitude would impact the surrounding residences on Scotland
Heights Drive, Highfield Road and Scotland Road, including the
requiring of any additional access through residential
neighborhoods.
I support and encourage your continued line of thinking, such
as, why is it that a 138 acres lot would need to be further
subdivided into five additional lots if only an 18 hole golf
course were being proposed?
As a point of interest, the Georgetown' s original nine hole
golf course with its ' provisions for adequate parking, club house,
and leach field, with a fair amount of clear cutting needed to
squeeze in the entire project , was designed on approximately
90 acres . I would expect an 18 hole course would require an
considerably more acreage .
I would, therefore, encourage your continued vigilance in this
matter, as well as, determining, if any, the Blackwell Family
Trust ' s alternative intentions prior to granting any further
subdivisions that will ultimately impact the surrounding
neighborhoods .
Sincerely,
'Joseph N. Coccoluto
cc: Angie Machiros , Board of Selectman Chairman
Selectmen' s Meeting (cont'd) March 14, 1995
Newburyport Choral Society for a 'wine & beer tasting' at Governor Dummer
Academy on March 18th was approved. Proof of insurance was provided.
Under Chapter 61A the Board agreed to release an option to purchase
property, Lot #7 Elm Street, David S. Caldwell , owner of record (Assessors
Map R16-1 [131 ) . No one in attendence showed interest in this property.
Licenses were reviewed and renewed for Ould Newbury Golf Club, The
Ice Cream Cove and C & J Motors . Operating house at the Ice Cream Cove
were extended to a 10p.m. closing. A new license for Dale E. Rockwood
d/b/a Rock' s Rod & Fly Shop at 30 Fruit St. , Byfield was approved.
At the request of the Holocaust Center, Peabody, April 23-29 was
proclaimed as "Days of Remembrance" .
An installers permit for Philip Ross of Byfield was approved. An
installers permit for James Tolmann was approved contingent on receipt of
the completed application.
April 29th was set as "PAINT RECYCLING DAY" . Location and fees to be
announced. It was suggested by Selectman Tevald that fees be set per
contaianer not amount of paint to be recycled.
Fee schedule for bulky items deposited at the landfill was approved
for posting at the gate.
A letter of concern from Joseph Cocolutto to the Planning Board
regarding Blackwell ' s. proposed golf course on Scotland Road was read into
the minutes .
A request from Susan Little for use of the Lower Green on August 20th
for a family reunion was approved.
A request from the Newbury Clammers Softball League for use of the
Upper Green ball field on Tuesday and Thursday evenings April thru
September was approved.
Several late applications for commercial clamming permits were
discussed and turned over to Selectman Adams for release at his discretion
on approval by the Shellfish Commissioners.
The meeting was. adjourned at 8: 00 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
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SELECTMEN' S MEETING
March 28, 1995
At 7 : 35 p.m. an informational meeting on Title 5 was opened by
Chairman Machiros. He assured those present that the Board of Health
was here to work with the people and the Board' s commitment was that
no one will have undue burdens imposed on them. He explained, however,
that the Board was totally behind Title 5 and water quality is our #1
priority. Hopefully by answering or finding answers for our citizens
this transition will be smoother and cause less trauma. ChairmanMachiros
gave a brief outline of the new Title 5 regulations and how the changes
could effect the homeowner. He then opened the meeting to general
questions and discussions . At the conclusion of this session the Board
advised all those with concerns to write or call DEP and their State
Legislators as well as Rep. McManus of Worcester to support his efforts
on behalf of House Bills #590 and #591 to amend Title 5 . The Board
invited residents to call them to . be present at home septic imspections
to insure that the finding of the inspectors are accurate. Selectman Tevald
advised that th eState has not approved any chemical treatment for septic
systems and warned the residents not to be taken in by solicitors of these
products . Chairman Machiros also asked Planning Board memebers present
to consider a joint meeting to discuss the potential effects of Title 5
with regard to any anticipated Master Plan changes . Once again Chairman
Machiros assured the citizens that the Board of Health was here to work
with them and they should not panic. Common sense wil prevail , he said.
The meeting was closed at 8 : 45 p.m.
At 8 : 55 p.m. the meeting of the Board of Selectmen was called to
order by Chairman Machiros . Selectman Joseph S. Tevald and Alan I . Adams
were present.
The following warrants were signed by the Selectmen:
March 14, 1995 W37 $ 38,331 . 97
PW37 23, 844 .77
March 21 , 1995 W38 783 , 887 . 60
PW38 23 , 515 .78
A telecommunications contract from Shooshanian Engineering Assoc. Inc.
for the Newbury Elementary School addition was reviewed and signed by the
Selectmen.
Mock Town Meeting was set for Thursday, April 13 at 7 : 30 p.m. at
the Byfield Town Hall .
It was moved by Selectman Adams, seconded by Selectman Tevald and
voted unanimously to appoint Worthen S. Taylor as Asst. Building
Inspector.
A public hearing will be held by Mass Highway on Thrusday, March 30th
at 7p.m. at Town Hall to review plans for replacement of the Hanover St.
Bridge. Selectman Adams will be present to represent the Town.
A proposal from Alan Rogers of Larkin Rd. to restore and beautify
with plantings the Civil War Memorial at Byfield town Hall was approved.
Selectmen' s Meeting (cont'd) March 28, 1995
Installers permits for Philip Ross, Paul Wilkinson, Stewart' s Septic
Service, Hawk' s Construction, T.L. Norton Co. Inc. were reviewed and
approved.
A request from the 1st Parish Church for use of the Upper Green
for a church fair on June 3 (raindate June 10) was approved by the
Board.
The meeting was adjourned at 9 : 20 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN ' S MEETING
April 11 , 1995
Chairman Machiros opened the meeting at 7 : 45 p .m. Selectman Joseph
S. Tevald and Alan I . Adams were present .
The following warrants were signed by the Selectmen :
March 28 , 1995 W39 $340 , 536 . 68
PW39 219446 . 46
April 4 , 1995 W40 2379700 . 75
PW40 21 , 133 . 06
The Board publicly thanked Tom Salemi , reporter for the Daily News ,
for his fine presentation of Title 5 and Newbury ' s position regarding
these regulations .
Bob Walton , representing the Newbury/Rowley Lions Club , presented
plans for the proposed new backstop for the Upper Green ballfield . The
plans showed the new alignment of the backstop to the baseline and will
be constructed in keeping with the rustic nature of the Green . Mr . Walton
requested that the Newbury Highway Department remove the old backstop,
The Lions Club will be donating the materials and labor for the new back-
stop . It was moved by Selectman Adams and seconded by Selectman Tevald
to proceed with this project as designed .
Richard Simkins , on behalf of the Trustees of the Reservation ,
requested use of the Town Landing and Town boats for their Village Fair
scheduled for May 28th . He also requested permission. to !hold a kayak
demonstration as part of the planned activities . The Board approved the
kayak demo and will pass the request for use of the boats on to the
Harbormaster for his determination .
Jim Cashman , Treasurer/Col.lector , addressed the Board regarding
quarterly tax bills . An article has been placed on the warrant of.. April
25th for the residents to vote on changing from semi-annual billing to
Selectmen ' s Meeting (cont ' d) April 11 , 1995
quarterly billing . This article was supported by the Selectmen .
The warrant for the Annual Town Meeting was reviewed and signed by
the. Selectmen and will be posted by Constable , Dick Cunningham.
Paint Recycling Day was officially set for Saturday , April 20th ,
8a .m . to 2p .m. at Pearson Plaza . Fee will be $1 per. container . Dick
was asked to post these flyers along with the warrant .
The Board thanked the Grange for their kind invitation to Mock
Town Meeting on the 13th at 7 : 30 p .m . at Byfield Town Hall .
The resignation of Mary Ann Varoski from the Arts Lottery Council
was .accepted with deep regret . Her recommendation of Kim Loth , Orchard
Street , as a replacement was approved by the Board .
An Installers Permit for Edward Hill & Sons Construction was
approved.
Licenses for Newbury Convenience Store , Villane 's Parking Lot , and
Porgy ' s Cafe were reviewed and renewed.
Permits to open and excavate 21 Withington St . and 1 Oak St . to
renew the gas service were approved .
The Board acknowledged the receipt of a check from Continental
Cable for $937 . 50 which represents the 1994 franchise fee to the Town .
The Board approved the hiring of a working mechanic for the
Highway Department .
The Board acknowledged receipt of a disclosure statement from
William P . Pearson , Byfield pursuant to MGL ' s Chapter 268A, section 20 .
In response to a request from Mayor Mead of Newburyport , it was
moved by Selectman Adams , seconded by Selectman Tevald and voted'
unanimously to allow the City of Newburyport to use PITA Hall , Plum
Island Boulevard , Newbury , as a polling place for the voters of Plum
Island, City of Newburyport .
The meeting was adjourned at 8 :30 p .m .
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN ' S MEETING
May 23 , 1995
The meeting was opened at 7 : 40 p . m. by Chairman Machiros . Joseph
S . Tevald and Alan I . Adams were present .
The following warrants were signed by the Selectmen :
April 11 , 1995 W41 $25 ,503 . 27
PW41 23 , 847 . 07
April 18 , 1995 W42 833 , 111 . 74
PW42 229921 . 58
April 25 , 1995 W43 41 , 398 . 44
PW43 24 , 032. 91
May 2 , 1995 W44 5249565 . 65
PW44 219864 . 84
May 9 , 1995 W45 419139. 38
PW45 259980. 82
May 16 , 1995 W46 26 , 761 .49
PW46 24 , 443 . 54
At 7 : 45 p .m. the legal notice for a public hearing on the "layout"
of the road for Silverledge Road and Noyes Lane was read by Chairman
Machiros . Sarah Creighton and Tyler Olsen were present to represent the
Planning Board . A report from Tim Leonard , Highway Superintendent , was
read not recommending acceptance of Silverledge Rd . at this time due to
poor construction of ,the road and collasped catch basins . Tyler Olsen
stated there were no funds in escrow from Fred Jackman , developer of this
subdivision and he suggested perhaps a performance bond be submitted by
the developer and/or residents of the street to guarantee bringing the
road into compliance . It was suggested that Mr . Jackman ' s bankruptcy might
preclude any liability on his part . Residents Doherty and Tobin requested
an on-site meeting with Mr . Leonard for inspection of the road and an
estimate of the repair costs . No one appeared in opposition . A report
from Tim Leonard , Highway Superintendent , was then read for Noyes Lane
stating the road was found to be sound and recommending acceptance . The
Planning Board deferred to the Selectmen based on the positive recommen-
dation for Mr . Leonard . No one appeared in opposition . It was moved by
Selectman Adams and seconded b Selectman Tevald to close the hearing and
take the matters under advisement . The hearing was reopened . Based on the
reports of Mr . Leonard it was moved by Selectman Adams and seconded by
Selectman Tevald that Silverledge Road not be recommended for acceptance
as a public way at this time and that Noyes Lane be approved for acceptance
as a public way . Both petitions will be placed on the Special Town Meeting
warrant of June 27th 1995 .
A petition was received from the residents of Old Farm Way to have
their road accepted as a public way. A hearing date was set for
Thursday , June 1 , 1995 at 7 p . m. at the Town Hall .
Dan Streeter , local sponser of the North Shore Bikeways Coalition
introduced Debbie Colbert , Treasurer and Dan Tieger , President of the
coalition . Mr . Tieger spoke briefly -on their proposed feasibility study
to create a bikeway along the former railbed south of Scotland Road from
Rte . 1 to Byfield Center and continuing on to Georgetown . This bikeway
is planned to extend from the New Hampshire border in Salisbury thru
Danvers on completion . Monies are available from DEM for the purchase of
lands he stated . Studies will be done thru MAPC along with DEM and the
Selectmen ' s Meeting (cont ' d) May 23 , 1995
State Bikeways Coordinator . Federal funding of up to 80% is available
if the project meets the criteria as a large regional initiative . Newbury
Conservation Commission has given tenative support for the study pending
approval by the Selectmen . Chairman Machiros thanked Mr . Tieger for his
presentation and advised him the coalition has 99% approval from the Board .
They would reserve final approval until a recommendation was received
from the Planning Board .
A transfer of Common Victualler , Parking Lot , Sunday Ice Cream , and
Milk licenses from Oceanfront Beach Club to William and Joan Langis d/b/a
A Summer Place at 2 Northern Blvd . was approved with the stipulation
that the property be kept clean and free of junk . The premises will be
subject to periodic inspection .
A license for automotive repair for Ted ' s Service Station at 61R
Main St . and a license for a beauty shop for Louise Henry d/b/a Changes
Hair Design were reviewed and renewed .
A permit for a home occupation for manicuring was approved for
Bonnie Dehetre d/b/a Nails by Bonnie at 6 Larkin Rd . Ms . Dehetre ' s
state license is on file with the Town Clerk .
On the recommendation of Chief Merry , Susan M. Becker was appointed
as parttime dispatcher and matron .
A Class II license was approved for Gerald Mailley d/b/a Admiral
Motors at 86 Newburyport Tpke . pending receipt by the Town Clerk of
their current Class I license for C-J Motors at the same address and the
filing of a new business certificate . The Class I license to be cancelled .
Premises subject to periodic inspection for cleanliness . Storage of junk
or junk vehicles may result in revocation of thie license .
A Class II license was issued to Steve Mambuca d/b/a Rte . L Auto
Center . These premises will also be subject to periodic inspections and
Mr . Mambuca was warned that any violation may result in the revocation
of his license . No storage of junk or junk vehicles to be visible from
the road .
A request . for use of the Upper Green for a crafts fair on August 19
( raindate Aug . 26) from the P. I . Mothers Club was approved .
A request from North Andover High School for use of the Newbury Beach
on June 6 by approximately 250 students was given to Chief Merry for his
deliberation and subsequent notification to the school of his decision .
A request from Byfield/Newbury Little League to operate a concession
stand at Pearson Field during scheduled games was approved . A Common
Victualler license will be issued and the fee will be waived .
A request form Alfreda Dushame on behalf of the Community United
Selectmen ' s Meeting (cont ' d) May 23 , 1995
Methodist Church to have Lunt St . closed to vehicular traffic between
Central and Church Streets on June 17th for their Spring Fair and Auction
was approved .
The Selectmen acknowledged receipt of the Parker River National
Wildlife Refuge revenue sharing check in the amount of $107 , 809 covering
FY94 .
Permits were approved for Essex County Gas Co . to open and excavate
#8 , #25 and #49 Main Street .
On the recommendation of Chief Merry the followign persons were
appointed lifeguards for the 95 season : Emily Hopping , Stephen Chaisson ,
Jason Ryder , James O ' Hara , Michael Purvis , Sandra Sarney , Mark Ferrara ,
Steven Spanger , Erin O ' Leary and Andrew Bernier .
A motion was made for reorganization of the Board of Selectman
Tevald , seconded by Selectman Adams . Selectman Tevald moved that Angie
Machiros continue as Chairman , seconded by Selectman Adams . Selectman
Adams moved that Joseph Tevald remain as Clerk , seconded by Chairman
Machiros .
A request from the Garden Club for permission to place barrels of
flowers along the park area near the Post Office on park property was
approved .
The meeting was adjourned at 8 : 50 p . m .
Respectfully submitted ,
Kathleen T . Sirois
PUBLIC HEARING
June 1 , 1995
At 7 p . m. Clerk Joseph Tevald opened the hearing on the "layout"
of the road for Old Farm Way . Alan Adams was present . Angie Machiros
was absent .
The legal notice was read . Appearing in favor : Dorothy Surette , Frank
Pedito , Marshall Corl , Diane Gerrish , Laura Pitcairn , Robert Thurlow ,
Michael Comick and Tom Strickland . Appearing in opposition : no one .
A letter from the Planning Board was introduced recommending
acceptance of the road , all escrow funds having been depleted to correct
the drainage problem on the road . A letter from Tim Leonard , Highway
Superintendent , was also read . Mr . Leonard recognized the new drainage
project that had just been completed but recommended that the road not
be accepted until the Spring 96 meeting so that the new drainage system
winters over . If there are any further problems they can be corrected
Public Heaing (cont ' d) June 1 , 1995
prior to town acceptance . For public safety reasons he also recommended
that a small section of sidewalk that had been soded be returned to
pavement to make a continuous sidewalk .
It was suggested that if a letter of agreement was drawn up by the
residents of Old Farm Way and/or the construction company stating that
they will be liable if the storm drains do not function as desidned ,
Mr . Leonards objection to acceptance at this time would be withdrawn .
The sidewalk would , however , have to be restored prior to acceptance .
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 it was recommended that the petition be placed on the
warrant of the 27th with no recommendation from Highway or the Board
unless the sidewalk is restored and an agreement is in place .
The hearing was closed at 7 : 35 p .m.
Respectfully submitted ,
Kathleen Sirois , Secretary
SELECTMEN ' S MEETING
June 13 , 1995
Chairman Machiros opened the meeting at 7 : 50 p . m. Joseph S. Tevald
and Alan I . Adams were present .
The warrant for the Special Town Meeting of 6/27/95 was read and
signed by the Selectmen and was posted by Constable , Dick Cunningham .
Pat Coughlin , representative for COMLINK gave a brief presentation
of a proposal to centralize the Town of Newbury telephone system thru
NYNEX Centrex . After a brief discussion period the Selectmen moved to
take the proposal under advisement and thanked Mr . Coughlin for his fine
presentation .
The appointment of Tyler Olsen as the Planning Board '•s delegate to
the Conservation Commission was put on hold until a recommendation from
the Conservation Commission is received .
An option to purchase the Rolfe property at 119 High Road was declined
by the Selectmen and those in attendance . Mr . Rolfe has applied to place
this property under a State .Agricultureal Preservation Restriction .
On the recommendation of Chief Merry , FY96 appointments to the Police
Department were read and approved . Special duty officers lis+. will be
presented on the 27th for approval .
On the recommendation of Chief Merry the following persons were
appointed as parttime lifeguards for the 95 summer season : Jocelyn
Delsavio , Peter Saradjian and Scott Jason .
Selectmen ' s Meeting (cont ' d) June 13 , 1995
Harbormaster Department appointments for FY96 were reviewed and
approved . An addition to the Waterways Rules & Regulations was read
and accepted subject to a review of the proposed fines statuatory
approval .
A permit from the Essex County Gas Co . to open and excavate a small
section of Green St . , Hanover St . , Bittersweet Lane , Old Town Way and
Paul ' s Way to increase gas service to the Newbury Elementary School was
given tenative approval subject of the Highway Superintendent ' s discussion
with their engineers regarding the possiblity of tunnelling whereever
possible .
A request for the us e of the Upper Green on August 5 from 6 : 30 to
8 : 30 p . m . for a free concert by Yankee Notions was approved tentative to
Chief Merry ' s receipt of references from the group .
A request for use of the Lower Green on June 17 for a neighborhood
yardsale was approved .
One day sp''ecial permits for the sale of alcoholic beverages on
June 17 and June 25 were approved for Governor . Dummer Academy .
The FY96 contract with Home Health Care of Greater' Newburyport
was reviewed and renewed .
A letter of resignation from Desiree Rogers was accepted with deep
regret . Mrs . Rogers was publicly thanked for the many years she took
care of placing flags on Veterans graves in Byfield . A Newbury flag
will be sent to Mrs . Rogers with the Town ' s sincerest appreciation .
A dog hearing was set for July 11 at 8p .m.
The following warrants were signed by the Selectmen :
May 23 , 1995 W47 $855 , 816 . 49
PW47 24 , 364 . 19
May 30 , 1995 W48 1 , 268 , 759 . 04
PW48 20 , 662 . 90
June 6 , 1995 W49 30 , 255 . 34
PW49 32 ,049 . 30
On the recommendation of the Town Clerk , Donna Stefanile was
appointed as Assistant Town Clerk .
The meeting was adjourned at 8 : 50 p .m .
Respectfully submitted ,
Kathleen Sirois , Secretary
SELECTMEN'S MEETING
June 27, 1995
Chairman Machiros opened the meeting at 8:40 p.m. Selectmen Joseph S. Tevald
and Alan I. Adams were present.
The following warrants were signed by the Selectmen:
June 13, 1995 W50 $3921181.95
PW50 26,567.78
June 20, 1995 W51 685,277.80
PW51 25,103.89
A request was read from the Ice Cream Cove, Plum Island Turnpike, asking that
the road in front of their shop be posted as a "no passing" zone and the lines on the
road be changed to indicate such. The request was given to Chief Merry for his
research and recommendation. He was asked to advise Mr. Leonard, Highway Superintendent,
of his determination.
A request from the Newburyport Harbormaster for help from our Harbormaster Dept.
to patrol the waterways during the Yankee Homecoming fireworks was approved.
Appointments for counselors for the Summer Recreation Program were reviewed and
approved. Counselors are: Andrea Putor, Jeremy Tevald, Penny Stranc, Josh Roberts,
Shannon Rigsby, Karen Traister, Nancy Pailes, Jessica Weyburn and Jessica Luca. A
minimal fee of $25 for the 1st child and $15 for each additional child in a family was
approved for summer .95. This fee will help defray the cost of new equipment for the
program. Selectman Tevald abstained from the vote on appointments as his son, Jeremy,
was one of the counselors.
A permit from Essex County Gas Co. to open and excavate 46 Main St. was approved.
Tim Leonard stated he had spoken with Don Searles of Essex Co. Gas about the school
project and had a good understanding and working relationship with him and his engineers.
The National Multiple Sclerosis Society was given approval to set up a check point-
and rest stop on the Upper Green for their TRI-RIDE (two day bike tour on 9116 & 9/17) .
Approval was also given to allow the placement of Jiffy Johns on the Green for the
riders convenience. Use of Town Hall facilities was denied due to the possible over-
loading of the septic system.
The following licenses were approved:
Mark E. Sweet d/b/a New England Small Engine Repair
Steve Andreatola d/b/a Steve's Service
Glen St. Cyr d/b/a Newbury Butchery Inc.
Matthew Kozazcki d/b/a Tendercrop Farms
ACO, Dick Cunningham, announced his plan to retire in the near future. A search
for a replacement will commence immediately so he/she may train with Dick.
Monday, July 3 and Tuesday, July 4 were approved as holidays for the town workers.
All appointments not in place for FY96 will be carried over to the next meeting.
The meeting was adjourned at 9:10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
July 11, 1995
Chairman Machiros opened the meeting at 7:50 p.m. Selectman Joseph S. Tevald
was absent. Selectman Alan I. Adams was present.
The Selectmen confirmed their vote of the meeting of April 11, 1995 to allow the
City of Newburyport to use PITA Hall, P.I. Blvd. , Newbury as a designated polling place
for the voters of Plum Island, City of Newburyport. A letter will be sent to Representative
Frank Cousins affirming this action.
Licenses were reviewed and renewed for Cheryl Mahoney d/b/a Cheryl's Island Clip
and Dean & Nancy Robinson d/b/a Plain & Fancy.
An installers license was renewed for Stephen Nicholl d/b/a Oak Hill Construction.
One day special permits for the sale of alcoholic beverages were approved for
Ould Newbury Golf Club for Friday, July 14 from 5p.m. to 12 midnight and Protection Fire
Co. #2 for Friday, July 28 from 6p.m. to 12 midnight. The fee was waived for Protection
Fire Co. #2.
On the recommendation of Chief Merry the following persons were appointed
as Special Duty Police Officers (one year appointments):
Richard Cunningham - Animal Control Elizabeth Godzyk - Byfield Elementary
James Cunningham - Animal Control Benjamin Pearson - Snuff Mill Properties
Madelyn Cirinna - Animal Control John Salter - Busses/School Transportation
Robert Wolcik - All Public Schools Joseph Stone - Byfield Elderly Housing
Edward Carpenter Attendance/All Schools Carol Scholtz - Newbury Police Station
Nina Hilton - Woodbridge School David Riley - Triton Regional School
All other carry over appointments were reviewed and renewed for FY96.
At 8p.m. the legal notice for a dog hearing was read by Chairman Machiros. Present
for the hearing were ACO, Dick Cunningham, Catherine Allbright, and Linda Sanantonio.
All participants were sworn to tell the truth. Complaintant, Dick Cunningham, stated
that the Sanantonio's dog has been an ongoing problem. When he is loose he follows
people and chases chickens. Mrs. Allbright, 138 High Rd. has witnessed this dog chasing
and attacking her chickens. Mrs. Allbright stated the dog has entered her yart and
chased the chickens several times in the past. She has chased the dog off witha B-B. gun.
About a month ago she noticed the dog in the field and checked to find him with a
chicken. The chicken subsequently died. She contacted Ms. Sanantonio regarding this
problem. No offer of compensation for the chicken was made nor was she told they would
restrain the dog. Mrs. Allbright stated that the dog is very friendly with the children
and is not a problem except that he likes chickens. Ms. Sanantonio stated the evidence
given against her dog, Bailey, is true. He is a good dog but chases the chickens
when he gets loose. Bailey is usually tied outside but got loose the day he killed Mrs.
Allbright's chicken. He has been tied since this incident, she stated. He is still a
puppy and loves to follow people and kids if he gets loose. The Selectmen asked ACO, Dick
Cunningham for his recommendation. Dick stated he disliked. being in the middle of two good
friends, however, the dog unfortunately is a chicken killer and probably will always be
one. As he poses no problem to children or adults, it was recommended that Bailey be
permanently restrained. Selectman Adams questioned the breed and age of the dog. Ms.
Sanantonio replied, mixed Chow/Lab, approximately 2 years of age. Chairman Machoros
asked Mrs. Allbright to estimate the value of the lost chicken. She replied $5
for a full grown layer. It was moved by Selectman Adams and seconded by Selectman Machiros
Selectmen's Meeting (cont'd) July 11, 1995
to close the hearing and take the matter under advisement. The hearing was
reopened and it was voted to take the recommendation of the ACO. Bailey was ordered
permanently restrained and a token fee of $5 is to be offered to Mrs. Allbright for her
chicken. Ms. Sanantonio was asked if she understood the consequenses if Bailey is
found loose again. She stated she did. She was also advised that this decision could be
appealed to District Court, Newburyport within 10 days. The hearing was closed at 8:15 p.m.
The possibility of changing the dates of the August Selectmen's meeting was discussed
but no decision was reached.
The following warrants were signed by the Selectmen: .
June 27, 1995 W52 $261266.03
PW52 247747.66
June 28, 1995 W53 19,604.14
July 4, 1995 W1 209770.19
PW1 26,807.32
The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
July 25, 1995
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:
July 11, 1995 W2 $ 49,730.38
PW2 35,246.78
July 18, 1995 W3 1,059,824.04
PW3 30,126.61
Under Chapter 61A the Board voted to release an option to purchase property, a
three acre portion of a 17.5 acre parcel, located on Green St. , Susan P. Little owner of
record (Assessors Map R34-10A) . No one in attendance expressed interest in purchasing
this property.
A dog hearing was set for August 8th at 8:00 p.m.
Bids for highway materials will be advertised and the bids will be opened
publicly at the August 8th meeting at 7:45 p.m.
At 7:50 p.m. a vote was taken on the enactment of a "Heavy Commercial Vehicle
Exclusion" (HCVE) on Central St. between School and Elm Streets. This exclusion
was granted by Mass Highway August 4, 1994. This restriction to be a permanent 24 hour
exclusion to thru truck traffic 2.5 tons and above. This was moved by Selectman Adams
seconded by Selectman Tevald and voted unanimously by Chairman Machiros.
A request for a beer and wine license from Island Steamers will be forwarded to
Charlie Powers, Zoning Enforcement Officer, for his determination as to whether this
would be considered an expansion of a non-conforming use. The Board will wait for Mr.
Selectmen's Meeting (cont'd) July 25, 1995
Powers response before setting a hearing date for Island Steamers.
Two one-day special permits for the sale of alcoholic beverages were approved
for Ould Newbury Golf Club for July 26th, 12 noon to 7 p.m. and July 29th, 5 to 11 p.m.
A license was reviewed and renewed for Alan Whitford d/b/a Federal Auto Repair.
Dick Cunningham's retirement was briefly discussed. Applications will be
accepted for consideration. For the record Chairman Machiros asked, "as we do not
have ,a retirement date, if a person applies who was agreeable to, the Board and Dick, could
he/she start immediately as an assistant and train with Dick"? Dick was agreeable to
this suggestion.
The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
August 8, 1995
Clerk, Joseph Tevald opened the meeting at 7:40 p.m. Selectman Alan I. Adams was
present. Selectman Machiros was absent.
The following warrants were signed by the Selectmen:
July 25, 1995 W4 f$23,530.39
PW4 30,364.15
August 1, 1995 W5 53,169.70
PW5 27,363.02
At 7:45 p.m. the legal notice for bids on road materials was read by Selectman
Tevald. The bids were opened and read. It was moved by Selectman Adams and seconded
by Selectman Tevald to take the bids under advisement so that Highway Superintendent,
Tim Leonard, can review them and make his recommendations. Bids were received .fr .
asphalt from Brox Industries ($27.75), Bitcon ($29.65) ; reclamation from All States
($1.15 sq/yd) Fitzgerald Grading ($1.14 sq/yd) Barco ($1.27 sq/yd); liquid asphalt
All States ($1.33 gal) ; seal coat All States ($1.24 sq/yd) ; pipe Penn Culvert; equipment
rental, sand, gravel, pea stone, etc Pearson Landscaping and East Coast Sand & Gravel.
A bid from Miles River Sand & Gravel was set aside as no bid bond was enclosed.
At 8 p.m. the legal notice for a dog hearing was read by Selectman Tevald. Present
and sworn to tell the truth during the proceedings were ACO Dick Cunningham, Carol
Larocque, Jean Smith and Rosella Fogg. Complaintant, Carol Larocque, 66 Cottage Rd.
explained that she leases a barn at 18 Hay St. and has had chickens there since May 94.
She has lost a whole flock since May. and has witnessed three of the flock being killed
by Jean Smith's dog, Jake. The chickens are secured in the barn in the evenings and
allowed to roam the. barnyard during the day. Ms. Larocque stated she has spoken with
Ms. Smith and asked her to keep her dog restrained when the chickens are free. While
Selectmen's Meeting (cont'd) August 8, 1995
she can't blame. Jake for the loss of the whole flock, she has already seen him kill one
of her new flock. The owner of the barn, Rosella Fogg also testified she had witnessed
Jake killing a couple of the chickens. Ms. Smith, 19R Hay St. stated she felt badly
about the loss of the chickens but the neighborhood is full of dogs and the chickens
are loose in the yard. She suggested she would be willing to help Carol secure the
chickens wiht a little house and a pen area. Ms. Larocque replied that the chickens should
not be penned as they are not laying hens but bantums and they feed off the bugs in the
barnyard. Selectman Tevald asked if she had had problems with any other dogs in the
neighborhood. She stated she had not seen any other dogs and the neighbors have reported
only seeing Jake at the chickens. Mrs. Fogg stated that Jake gets into the barnyard and
chases and nips at the horses also. Selectman Tevald asked what breed Jake is. Ms. Smith
answered Shepherd cross. Selectman Tevald then asked Dick Cunningham for his observations
and recommendation. Dick stated he had not witnessed any of the attacks but he was
present during a discussion between Carol and Jean Smith and advised at that time that Jake
be restrained and kept away from the chickens. He had heard no more until this latest
incident. The .chickens do not wander out of the barnyard. Jake lives down the street
and there is a long driveway leading to the Smith house. Dick said he has not had
reports of any other dogs bothering the chickens and horses and if Jake is allowed to wander
freely this will be an ongoing problem. He, therefore, recommended that Jake be ordered
restrained. Selectman Adams moved that the hearing be closed and the matter be taken
under advisement, seconded by Selectman Tevald. The hearing was reopened and Selectman
Adams moved the ACO's recommendation be accepted and Jake be ordered restrained.
Selectman Tevald stated he saw no other option. It is not the responsibility of the owner
of the chickens to keep them penned for the sake of a dog being on a property where he does
not belong and penning the chickens would not guarantee their safety. Selectman
Tevald inquired about the evening times when the chickens are secured and asked Ms.
Larocque if she might be willing to allow Jake to be loose during these times thereby
giving some leeway to the restraining order. Ms. Larocque stated that she had no problem
with that suggestion. The chickens would be secured in the barn during the summer
months from 7p.m. to 7a.m. and winter months 4p.m. to 7a.m. It was therefore moved and
seconded to order Jake restrained with an amendment for a six month trial period allowing
Jake to be loose from 7 p.m. to 7 a.m. (May 1 to October 31) and 4 p.m. to 7 a.m.
(Nov. 1 to April 30) . The Board reserved the right to rescind this amendment at any time
a problem is reported and will review .the amendment at the end of the six months. Dick
Cunningham suggested the Board was neglecting to look a the possibility that the Town
might have a leash law in the Spring. Selectman Tevald noted leash law not withstanding
we will try a trial period of six months. Ms. Smith was advised that Jake could be
ordered put down if the problem persists and the agreement fails. She was also advised
that she could appeal the order at Newburyport District Court within ten days. The
hearing was closed at 8:20 p.m.
A permit from Essex County Gas Co. to open and excavate 1 Lunt St. for an
emergency repair was approved. A permit from Essex County Gas Co. to open and excavate
Elm St. and Middle Rd. at Governor Dummer to install a new high capacity service.was
tenatively approved and forwarded to Highway Superintendent, Tim Leonard, for his review
and final determination.
A request for use of the Upper Green by North Shore Cyclists for a 50-mile rest stop
on August 26 and 27 was approved. The placement of a port-a-potty on the Green for the
convenience of the riders and staff was also approved.
Selectmen's Meeting (cont'd) August 8, 1995
The Selectmen's Meeting scheduled for August 22nd was cencelled and may be
rescheduled for another date if warranted.
A one day special permit for the sale fo alcoholic beverages was approved for
Ould Newbury Golf Club for August 12 from lla.m. to 6p.m.
On the recommendation of the Planning Board, Bruce Saunders was appointed as their
representative to the Conservation Commission to replace Tyler Olsen who stepped down due to
illness.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
September 12, 1995
Chairman Machiros opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present.
Chairman Machiros advised, for the record, that only one RFP for the recycling had
been received from Saugus Disposal Inc. It was moved and seconded to request resubmittals
as one bid is not an adequate sampling. The Saugus Disposal RFP was held intact.
The Board voted unanimously to appropriate up to $10,000 to work with Newburyport
on a feasibility study to bring water to Plum Island.
Charles Powers, Zoning Enforcement Officer, advised the Board that the request from
Island Steamers, P.I. Blvd. for a beer and wine license would, in his opinion, constitute
an expansion of a non-conforming use. Island Steamers will be advised of this decision.
A request from SPNEA and the Spencer-Pierce-Little House to hand a banner on the
backstop from 9116 to 9/24 to advertise their Harvest Festival was approved by the Board.
A request from Scout Pack #44 to use the Upper Green for a "chuckwagon derby" on
October 14th was approved by the Selectmen.
A request from Linda Smith of Elm St. for use of the Byfield Town Hall for an
evening concert on November 2nd from 7:30 to 10 p.m. was approved.
A request from Community Methodist Church of Byfield for use of the Upper Green on
September 24th (raindate Oct. 1) for a cookout and softball game was granted contingent
on approval from the Board of Fire Engineers for use. of charcoal grills on the Green.
The use of Byfield Town Hall for Scout meetings on Monday afternoons from 3:30
to 5p.m. was approved except for times when the building is needed for special meetings
or elections.
Selectmen's Meeting (cont'd) September 12, 1995
A request from the Historical Society of Old Newbury for use of a portion
of the Upper Green for food booths and children's activities during their Barn Tour was
approved from October 7th from 9a.m. to 5p.m. Type of foods to be offered will be
investigated to determine if a Board of Health inspection will be needed.
Under Chapter 61A the Board voted to release an option to purchase property, a 4.26
acre portion of a 17.5 acre parcel located on Green St. , Susan P. Little.owner of record,
Assessors Map R34-10A. No one in attendance expressed an interest in purchasing this-'
property on behalf of the Town.
New licenses were approved for Anthony Knapp d/b/a Buddy's Books and Pamela
Pappera d/b/a Byfield Flower Shoppe.
A permit from Essex County Gas Co. to open and excavate Elm St. to Central
St. , Middle Rd. to School St. and School St. to Fatherland Farms to install a new 6"
gas main will be forwarded to Tim Leonard, Highway Superintendent, for his review and
recommendation prior to approval by the Board.
At the suggestion of Selectman Adams a letter of appreciation will be sent to
the Newbury/Rowley Lions Club for the new backstop erected on the Upper Green ballfield.
At. 7:55 a five minute recess was called. The meeting was resumed at 8p.m.
The legal notice for a dog hearing and the written complaint was read by Chairman
Machiros. Persons wishing to testify, Dick Cunningham, Joanne Bartlett and Mary Gorton
were sworn to tell the truth during the proceedings. Mrs. Joanne Bartlett, complaintant,
told her account of the events of 8/27 and the subsequent dog bite by a Boxer mix named
Larry. She stated the dog had apparently jumped over a 6' fence and attacked her ankle.
Mrs. Gorton secured the Boxer in a car and brought peroxide and ice from the house to
treat the wound. Mrs. Bartlett inquired about a rabies vaccination and Mrs. Gorton
produced from her files a certificate for Larry Showing an expiration date of 6/15/95.
On Monday Mrs. Bartlett sought treatment of the wound from her physician. She called
the vat of record to see if a more recent vaccination was on file, which proved
fruitless as the vet was on vacation until September 5th. Mrs. Bartlett then reported
the bite to the State Dept. of Health, Newbury Board of Health and the Newbury ACO. On
Tuesday 8/29 the dog was placed in quarantine at the Newbury Animal Hospital for a 10
day period and released at the end of the ten days having shown no symptoms of rabies.
Mrs. Bartlett read an affidavit she had prepared to be entered into the minutes. She
stated she was reather appalled at the scruffy appearance of the dog she had come to
look at and then, after being bitten by a second dog, worried about the possibility of a
rabies probelm. She cited events of other encounters with Mrs. Gorton's dogs by
acquaintenances in Medford and strongly suggested that any dog brought into Newbury
should be vaccinated, licensed, properly cared for, and secored by a proper kennel
subject to regular inspections. In regards to Larry, she felt he had a viscious
disposition and although she loves animals felt it to be in the best interest of all to
have him put down rather than permanently restrained. Mrs. Gorton did not refute the
testimony of Mrs. Bartlett regarding the incident. She did present a letter from her
vet, Dr. Vimo, Huron Animal Clinic in Somerville, stating Larry's vaccination was good
for three years. Dr. Vimo explained he checked the one year block to encourage timely
Selectmen's Meeting (cont'd) September 12, 1995
vaccinations due to the rabies epidemic. Mrs. Gorton also showed an informational
insert from the vaccine packing. Selectman Tevald noted that as Larry was 4 years old,
the three year extension of the. vaccine did not apply according to the pamphlet. Atty .
Robinson countered that the vaccine information was not pertinent to the hearing and
whether or not Larry should be. considered viscious. Mrs. Gorton stated she had worked
with dogs for 30 years as a volunteer. Her dogs were behind a fence and the incident happenec
so fast she only believes that Larry was protecting her and her property. He had been a
personal pet for two years and had never shown signs of being viscious. She kept him
restrained after the incident and had plans in the works to have a paved area for runs.
Selectman Tevald asked how many dogs were on the property. She replied 15 licensed dogs.
She stated she runs a non-profit organization called Cambridge Animal Aid which is a
dog adoption agency and is registered with the State. Selectman Tevald said he didn't
believe Mrs. Gorton shoudl have 15 dogs for sale without a proper kennel license with
restrictions such as separate paved pens for each animal which meets all safety and
health concerns. Selectman Adams asked if Cambridge Animal Aid was subject to any state
guidelines. Atty. Robinson said the Animal Rescue League was working with Mrs. Gorton to
bring the property into compliance. Selectman Machiros stated he was disappointed, at the
time of his inspection of the property early this year Counsel had agreet that the
property would be brought into compliance wnd Mrs. Gorton would not sell dogs until
another inspection was done and the property could be considered for a kennel license.
He said he was surprised that Mrs. Gorton was still allowing people on the property in an
area that is not secure from the dogs. Counsel said he did not recall agreeing to
stop the sale of dogs but did agree that the work would be done and an inspection time
arranged. Selectman Machiros said he would not even consider an application for a kennel
license until the work was completed and inspected and asked that all sales be discontinued
until that time. Atty. Robinson after conferring with Mrs. Gorton agreed that no more
advertisements of dogs for sale would appear and no new dogs would be brought in until
a time frame for completion of the work had been submitted to the Board for their
consideration. Returning to the bite complaint, the Board asked for Dick Cunningham's
input. He cited other dog bite complaints at which time Atty. Robinson interrupted
saying Dick has a vendetta against Mrs. Gorton and cannot testify under oath to hearsay
only to what he had witnessed. Atty. Robinson had previously asked that Dick Cunningham
not be allowed to handle any matters concerning Mrs. Gorton. Selectman Machiros stated
as Dick was the only ACO available when Mrs. Bartlett called he had investigated
the complaint. Selectman Machiros stated he would allow Dick's testimony to continue.
Dick replied, "I didn't realize I was on trial". "Not yet", replied Atty. Robinson. I
hope you didn't mean that as a threat countered Selectman Machiros. "I mean that as a
possibility", Robinson replied. Dick continued his testimony citing other incidents
reported to and investigated by him and his assistant. In the spirit of fairness
Selectman Machiros stated he would not ask Dick for a recommendation as was usually done.
He stated he was very upset that nothing had been done about the security of the
animals or their professional hygiene since his inspection four months ago. He stated
while he believes Larry to be of a viscious nature, he agreed not to vote on the
dispostions of the case and apologized to Mrs. Bartlett for this incident happening
in our town. After a short discussion it was moved by Selectman Adams and seconded
by Selectman Tevald that Larry be ordered permanently restrained by means of a cage
approx. 12, x 12' with a cement floor and posts or fencing set in cement so that the
animal cannot dig out. Until such arrangements can be completed Larry must be kenneled.
This order to be effective immediately. Selectman Machiros advised Mrs. Gorton that Larry
could be destroyed if found loose and he also advised her that she could appeal this
Selectmen's Meeting (cont'd) September 12, 1995
decision within 10 days to the Newburyport District Court. Selectman Tevald advised that
if it is Mrs. Gorton's final resolve to remove Larry from town it would not exclude her
from making all the necessary improvements to maintain her business. The assistant ACO
will be asked to make weekly inspections and the Board of Health will also imspect
periodically. The hearing was closed and a five minute recess called at 9:55 p.m.
At 10 p.m. the meeting was resumed. Dick Cunningham's letter of retirment was read
and accepted with "joy" not "regret" stated Selectman Machiros. Dick was commended
for the fine job he had done for the town and wished well in all his endeavors. While
a September 30 date is not final, preliminary interviews for his position will begin
immediately.
The following warrants were signed by the Selectmen:
August 8, 1995 W6 $299823.47
W6A 105,490.07
PW6 31,502.16
August 15, 1995 W7 443,352.19
PW7 297731.77
August 22, 1995 W8 3689343.35
PW8 32,618.91
August 29, 1995 W9 38,573.61
PW9 27,882.43
September 5, 1995 W10 46,138.78
PW10 26,517.93
The meeting was adjourned at 10:15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
September 26, 1995
Chairman Machiros opened the meeting at 7:35 p.m. Selectmen Joseph S. Tevald
and Alan I. Adams were present.
The following warrants were signed by the Selectmen:
,September 12, 1995 W11 $ 909095.58
PW11 24,480.70
September 19, 1995 W12 803,89723
PW 2 26,375:93
The Board interviewed two candidates screened from a field of seven applicants
for the position of ACO to replace Dick Cunningham. Candidates were Carol Larocque
of Cottage Rd. and Steve Murphy of Chruch St. At the conclusion of a short question and
answer session, it was. moved and seconded to appoint Carol Larocque ACO at a ,salary of
$13,500/yr. and Steve Murphy as Asst. ACO at $12.88/hr, both for a six month probationary
period. Madelyn Cirinna will remain as an Asst. ACO and Animal Inspector. Dick Cunningham
advised his official retirement date will be November 1, 1995.
Sandy Small, Head Librarian, presented a brief outline of the accomplishments to date
of the Library Building Committee. She also reviewed site selections, scheduling and
their expectations based on filing deadlines. Library Trustees, Lois Anderson and Alice
Selectmen's Meeting (cont'd) September 26, 1995
Barron were present as well as Building Committee member Joseph Fix.
A one year unpaid leave of absence was granted Bruce Picard, Wiring Inspector,
effective October 15, 1995. An assistant inspectors position will be held open for him
for this period and will be reviewed in October 1996.
At 8p.m. a legal notice was read for bids on a "snowfighter" for the Highway
Department. Only one bid was received from McDevitt Truck Sales of Tewksbury, MA for a
1987 Mack Snofighter, price $36,000 with an allowance of $5000 for the trade in of our
58 FWD and 63 Oshkosh snowfighters. Net price $31,000, available for immediate delivery.
Due to the scarcity of these machines, the Board moved to accep-t this bid, monies to
be taken from the Reserve Fund and replaced at the Special Town Meeting.
At 8:10 p.m. a legal notice was read on the petition of New England Telephone and
Telegraph, plan #345, dated 8/31/95, to lay and maintain approximately 75' of under-
ground conduit on Central St. in the vicinity of Fatherland Farms. Appearing in favor:
Bob Steffans of NETT; appearing in opposition: no one. It was moved and seconded
to close the hearing and take the matter under advisement. The hearing was reopened
and it was moved by Selectman Adams and seconded by Selectman Tevald to approve the
petition as presented.
At 8:15 p.m. the legal notice and complaint against a dog owned by Scott Gorski,
80 Main Str. was read by Chairman Machiros. Neither Mr. Gorski nor his representative
was present. Sworn in for the proceedings were Dick Cunningham ACO and Lisa Hargreaves.
Mrs. Hargreaves stated the dog, Gwen, is a nuisance. Mrs. Hargreaves operates a day
care facility in her home at 70 Main St. and the dog barks .and growls at everyone and
chases cars. The children are afraid of her as she had been very agressive around them.
She has not bitten anyone Mrs. Hargreaves stated but she is a menace. Dick Cunningham
stated he found Mr. Gorski to be cooperative whenever there have been complaints from
the neighbors. However, Mrs. Gorski is unable to control the dog. Dick recommended
Gwen be restrained full time to the property by means of a leash, run or enclosure. He
said it was possible Mr. Gorski had already gotten rid of Gwen and therefore was not
in attendance. The hearing was closed and the matter taken under advisement. The
hearing was reopened and it was moved and seconded to accept Dick's recommendation
Gwen was ordered restrained to the property at 80 Main St. by means of a leash or run,
effective immediately. The Board determined that if there was medical problem causing
Mr. Gorski to fail to appear at the hearing, they would consider the circumstances
and address this dedision at their next meeting.
An installers permit was issued to Thomas Goodwin of West Newbury.
A permit from Essex County Gas Co. to open and excavate Main st. at West St. to install
electric service to a new rectifier was approved. All future permits will be forwarded
to Tim Leonard, Highway Superintendent, to insure road are repaired to his satisfaction.
A request from the Community United Methodist Church of Byfield to have Lunt St.
closed to vehicular traffic between Church and Central Streets for their Apple Cider
Fair on October 14th was approved.
Selectmen's Meeting (cont'd) September 26, 1995
A request from Scout Pack #44 for us of the Upper Green on Sunday, October 15th
as a raindate for their "Chuckwagon Derby" was approved as a raindate only by the
Selectmen. The Derby is scheduled for Saturday, October 14th.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
October 10, 1995
Chairman Machiros opened the meeting at 7:45 p.m. Selectman Alan I. Adams
was present. Selectman Joseph S. Tevald was absent.
A request from 1st Parish Church for use of the Upper Green for their Church Fair
on June 29, 1996 (raindate June 30) was approved.
A permit from Essex. County Gas Co. to open and excavate #56 Main St. to install
a new service was granted subject to Tim Leonard's approval. Line to be hogged under
the roadway.
October 24, 1995 was proclamined United Nations' Day in honor of their 50th
Anniversary.
The following warrants were signed by the Selectmen:
September 26, 1995 W13 $51,991.52
PW13 219943.86
October 3, 1995 W14 477279.35
PW14 24,172:.08
The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
October 24, 1995
Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S. tevald and
Alan I. Adams were present.
With the approval of Selectman Tevald, it was moved and seconded to ratify the
appointments of William Robitaille as Wiring Inspector and Joseph Cutrone as Asst.
Wiring -Inspector.
The following warrants were signed by the Selectmen:
October 10, 1995 W15 $38,963.73
PW15 26,848.96
October 17, 1995 W16 307975.83
26,063.10
Selectmen's Meeting (cont'd) October 24, 1995
There being no new or old business before the Board, the meeting was adjourned at
7:45 p.m. A small "retirement party" for Dick Cunningham was held immediately after
adjournment.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
November 14, 1995
Chairman Machiros opened the meeting at 7:50 p.m. Selectman Joseph S. Tevald
and Alan I. Adams were present.
The following warrants were signed by the Selectmen:
October 24, 1995 W17 $560,468.68
PW17 29,010.58
October 31, 1995 W18 ` 62725008
PW18 27,844.43
November 6, 1995 W19 78,671.63
PW19 287025.32
It was moved by Selectman Adams and seconded by Selectman Tevald to appoint Worthen
Taylor III to the Finance Committee to replace Dick Walsh for a three year term.
Two requests were approved from the Newbury Library for use of the Byfield Town
Hall for a Teddy Bear Clinic on November 15th and for a Christmas Party on December 17th.
A request from Triton Youth Hockey League to hold a tag day collection at our
local businesses on November 17 & 18 was approved.
Letters announcing the retirement of Betty Colby and Shirley Smith from the Council
on Aging were accepted by the Board with deep regret. They will be retiring effective
111196. The Board highly praised the two ladies for the excellent job they have done with
our senior citizens.
The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
November 28, 1995
Chairman Machiros opened the meeting at 7:30 p.m. Selectman Alan I. Adams was
present.
A public hearing on the tax levy was opened and the legal notice entered into the
minutes. Chairman of the Board of Assessors, Worthen Taylor Jr. , recommended a single
tax rate for all properties (residential, commercial, industrial) of $13.49, a 340
Selectmen's Meeting (cont'd) November 28, 1995
increase over last year's rate. Appearing in opposition - no one. Appearing in favor:
Board of Assessors. It was moved and seconded to close the hearing and take the matter
under advisement. The hearing was reopened and the Selectmen moved to accept the
recommendation of the Board of Assessors.
A letter from the Fish Commissioners requesting permission to open Horseshoe for
clamming seven days a week effective 11/29/95 and to close Parker River from Cottage Road
west to the railroad bridge until further notice was approved by Chairman Machiros
subject to Selectman Tevald's approval. Selectman Adams abstained from the vote.
It was moved and seconded to appoint Robert Stein of Rolfe's Lane to the Planning
Board to replace Tyler Olsen and to appoint Barbara Butler of Main St. to the Council
on Aging tro fill one of their vacancies.
Christmas on the Green will be held December loth at 3:45 p.m.
Liquor license renewals were reviewed and approved for 1996.
At 7:45 p.m Selectman Tevald arrived. He voted to approve the Shellfish
Commissioners requests. He also approved acceptance of the Board of Assessors
recommendation for a single tax rate.
Gerry Mailley on behalf of Jeffrey Toye and Peter Crossan addressed the Board with
a request for a Class I Dealers License at 86 Newburyport Turnpike under the name of
"Coastal Bus & Equipment Sales Inc." Mr. Toye and Mr. Crossan are the executives of this
corporation which would sell Blue Bird "school type" buses. Seleceman Tevald asked the
nature of the bus business. Mr. Crossas replied his corporation, according to the contract
with Blue Bird Body Co. Inc. must hold a Class I license. They would not maintain an
inventory at 86 Newburyport Turnpike only one demo model and limited parts. Orders
are written at the clients and delivered directly to them. Mr. Mailley was asked if he
was relinquishing the Class II license currently held at this address by Admiral Motors.
He replied "no", he wanted to retain his Class II. Chairman Mac!hiros recommended that
the matter be taken under advisement. He stated he was unsure as to whether or not two
licenses (Class I & Class II) could be held at one location, each as .a primary business.
The Board agreed to conditionally pass the Class I license subject to approval by Counsel and
the Town Clerk's investigation.
The following warrants were signed by the Selectmen:
November 14, 1995 W20 $3199998.75
PW20 22,001.46
November 21, 1995 W21 343,832.68
PW21 299889.52
' The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
December 12, 1995
Chairman Machiros opened the meeting at 7:45 p.m. Selectman Alan I. Adams was
present.
The following warrants were signed by the Selectmen:
November 28, 1995 W22 $ 239135.73
PW22 327612.70
December 5, 1995 W23 482,146.16
PW23 41,123.97
On the recommendation of Chief Merry, Susan M. Becker was appointed "Reserve
Officer" thru 6130196.
Use of the Byfield Town Hall on January 24, 1996 from 10 a.m. to 12 noon for
"elder workshops" was approved for the Visiting Nurses Association.
On the recommendation of the Newbury Cultural Council, Brain Stevens (Old Rowley
Road) was appointed to the Council to fill one of their vacancies.
Permits from Essex County Gas Co. to open and excavate 43 & 44 Main Street were
tentatively approved. All excavation work is to be supervised by our Highway
Superintendent, .Tim Leonard or his delegate, at the expense of the Gas Co.
The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S .MEETING
December 26, 1995
Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present.
The following license renewals were reveiwed and approved as moved by Selectman
Adams and seconded by Selectman Tevald. Chairman Machiros abstained from the vote on his
business licenses.
INSTALLERS: Allen P. Robers, Charles E. Killam, Francis J. Fournier, Manter Co. Inc. ,
Pearson Landscaping Inc. , R.B. Strong Septic System Services, Kendall Construction Corp.
Thomas Goodwin, Michael Noone; .Keith P: -Walton Co.
CLASS II: Angie Machiros, John Tiernan, US #1 Auto Marine, Special Interest Autos of
Newbury, AEL Trailer Sales/Atlantic Equipment & Leasing
CLASS III: Newbury Auto Sales Inc.
BEAUTY SHOPS: Newbury Hair Design, Colonial Coiffures, Longfellow Hill Beauty Salon
MANICURIST: Marcy Kearns
Selectmen's Meeting (cont'd) December 26, 1995
DOG GROOMING: Deb's Place, Karen's Dog Grooming of PI
GIFTS ETC. : AGJ Woodcrafting & Woodworking, Norbeck Sterling, Mae Atkinson Antiques,
Newbury Gallery, R.C. Arts & Crafts, Bird's Nest, Buddy's Books
PARKING LOT: Williamson Parking Lot, Phillip's Parking Lot, Guildford's Package Store Inc.
COMMON VICTUALLER ETC: Buddy's Restaurant, Old Newbury Golf Club Inc. , Ice Cream Cove,
Beachcomber, Newbury Convenience Store, The Plum Inc.
GENERAL: Volpone's Towing, Angie's Service Station, Steve's Service, Riverfront Marine
Sports Inc.
A letter from the Newbury delegation of the Triton Regional School Committee was read
regarding Rowley's request for support in their efforts to obtain a waiver to their
fiscal 196 minimum contribution to Triton. On the recommendation fo the School Committee
it was voted unanimously to deny Rowley's request.
It was moved by Selectman Adams, seconded by Selectman Tevald and voted unanimously
by Selectman Machiros to designate (under Chapter 268A, section 1) as "SPECIAL MUNICIPAL
EMPLOYEES" all part-time employees, (paid, unpaid, elected and/or appointed) including
Town Counsel, Jim Lagoulis and also the entire Board of Byfield Water District
Commissioners.
The following warrants were signed by the Selectmen:
December 12, 1995 W24 $ 43,948.80
PW24 277513.88
December 19, 1995 W25 6289528.76
PW25 279916.38
The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
January 9, 1996
Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph S. Tevald was
present. Selectman Alan I. Adams was absent.
The following warrants were signed by the Selectmen:
December 26, 1995 W26 $33,520.03
' PW26 28,669.85
January 2, 1996 W27 47,611.80
PW27 257181.81
Roderick (Buck) Shea approached the Board with a letter of recommendation from
Donald Gladu requesting Mr. Shea be considered to replace Tyler Olsen as a member of the
Mass Audubon Advisery Board. The Selectmen took the recommendation under advisement and
will check with Mass Audubon to insure the committee is still standing and will advise
Mr. Shea of the outcome.
Selectmen's Meeting (cont'd) January 9, 1996
General business, common victualler,gift and installer's licenses were reviewed
and renewed subject to Mr. Cashman's assurance that all taxes have been paid or arrange-
ments made for payment.
Chairman Machiros advised that the appropriated snow budget had been exhausted.
The Board commended the Highway Department as unsung heroes having done yeomans
duty throughout the past several storms. Chairman Machiros also noted that the newest
problem being faced was where to put the snow. The town will soon have to begin a
removal process which is very expensive he stated but public safety has to be our #1
concern. The Selectmen also commended the Police Department for a great job done
handling problems as they arose.
The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
January 23, 1996
Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present.
The minutes of the January 9th meeting were read and corrected to reflect Selectman
Adams absence.
The Board welcomed Kenneth Ayotte, 209 High Road, who was in attendance to observe
town government for a Boy Scout project. A signed copy of the minutes of the last
meeting were presented to Mr. Ayotte.
An application to place lots U7-15, 17, 22, 23 totaling approximately 32 acres
(owner of record Matt Kozazcki) under the Agricultural Preservation Restriction Act was
approved by the Selectmen.
A request for use of the Upper Green on Monday and Wednesday evenings April thru
September by Mr. Moe's Softball Team was granted.
A request for use of the Upper Green Tuesday and Thursday evenings April thru
September by Old Town Newbury Clammers was granted.
A dog hearing was set for Tuesday, February 13 at 8:00 p.m.
A pole hearing was rescheduled for New England Telephone & Telegraph Plan #346
on February 13th at 7:45 p.m.
Under Chapter 61A the Board agreed to release an option to purchase property
7164 acres from lot R35-35, Boston Road, owner of record, Susan Little, moved by
Selectman Tevald and seconded by Selectman Adams. No one in attendance showed interest
in purchasing this property.
Selectmen's Meeting (cont'd) January 23, 1996
The following licenses were reviewed and renewed:
CLASS II: Olde Byfield Expo Center, Admiral Motors, Route #1 Auto Center
INSTALLERS: W.P. Spalding Contracting Inc. , Stuart Dalzell, CME Excavation
GIFTS ETC. : Tendercrop Farm, International Antique Mart
COMMON VICTUALLER: Olde Byfield Expo Tea Room, Porgy's Second Edition Cafe
GENERAL: Surfland Bait & Tackle Shop, Ted's Service, Aries Sports & Bikery.
Regarding Mass Audubon Advisery Committee, Mr. Shea was advised that no word had
been received as yet from them as to the standing of the committee. The Board
requested that Mr. Shea arrange an appointment with Dr. LaPaglia for a physical prior to
the next meeting is possible.
The following warrants were signed by the Selectmen:
January 9, 1996 W28 $ 47,803.45
PW28 29,449.29
January 16, 1996 W29 260,991.16
PW29 289938.22
The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
January 30, 1996
At 11:05 a.m. Chairman Machiros called the meeting to order. Selectmen Joseph S.
Tevald and Alan I. Adams were present.
Chairman Machiros stated the purpose for the meeting was to set a date and sign
the warrant for a Special Town Meeting to approve or disapprove the amount of the
$29,805,000 debt authorized by vote of the Triton Regional School Committee for
reconstructing, adding to and equipping the Regional Junior-Senior High School including
costs incidental and related thereto, contingent on a favorable vote at a town election
to exempt the town's apportioned share from Proposition 22. If no action were to be
taken by the town, the project would be approved without the input of the residents
of Newbury. Moved by Selectman Tevald and seconded by Selectman Adams the Special
Town Meeting was set for Tuesday, Feb. 13, 1996 at 7:30 p.m. at Triton Auditorium.
Both Selectmen Tevald and Adams concurred with Chairman Machiros that while they were
in favor of the reconstruction, the residents should have a chance to express their
opinions. the signed warrant was given to Constable, Richard Cunningham to post. An
informational meeting will be held by the School Committe and flyers on the reconstruction
project are available.
The meeting was adjourned at 11:20 a.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
February 15, 1996
Chairman Machiros opened the meeting at 7:00 p.m. Selectman Tevald was absent.
The following warrants were signed by the Selectmen:
January 23, 1996 W30 $4247706.50
PW30 27,911.18
January 30, 1996 W31 61,759.45
PW31 27,513.24
February 6, 1996 W32 469713.17
PW32 31,223.71
The legal notice for a pole hearing for New England Telephone & Telegraph, plan
#346 dated 11/17/95 was read by Chairman Machiros. There was no one in attendance for
the hearing so it was postponed.
Chairman Machiros asked permission to delay the dog hearing scheduled for 7 p.m.
for approximately 15 minutes to wait for Selectman Tevald. The ACO and dog owner had
no objections.
Warrants were signed for the March 5th primary.
On the recommendation of Richard Joy, Chairman of the Council on Aging, and
subject to Selectman Tevlad's approval, Alix McArdle of 61 Bostron Road was appointed for
a probationary term as Director of Council on aging at a yearly salary of $16,000.
Ms. McArdle will replace Shirley Smith and Betty Colby who retired on January 1, 1996.
A request from the Parker River Day Commmittee for use of the Lower Green on
May 25 & 26 (raindate May 27) for their third annual Parker River Day Festival was
approved by the Board. Jiffy johns and exhibition tents were approved for the duration
of the festival only.
A request from the Friends of the Newbury Library for use of the Byfield Town Hall
on Sunday, March 31 for a production of Robin Hood by the Hanpstead Players was approved.
March was proclaimed "Red Cross Month" by a motion from Selectman Adams, seconded
by Chairman Machiros.
Protection Fire Co. #1 (Byfield Fire) request for a one day special permit for the
sale of alcoholic beverages for their annual ball on Saturday, March 9th, was granted.
The fee was waived.
The Board accepted the following recommendations from the Personnel Board:
In response to a request from the Library Trustees regarding the upgrade of Cynthia
Durrell from her present classification of part-time to permanant part-time employee,
the Personnel Board recommended this change not be made. In response to a request from
the Board of Assessors to upgrade Linda Emerson from Sr. Clerk to Asst to the Assessors,
the Personnel Board recommended granting the upgrade and step increase effective next
pay period. In response to a request from the Town Clerk to upgrade Donna Stefanile
from sr. Clerk to Principal Clerk, the Personnel Board recommended granting the upgrade and
step increase effective next pay period. In response to a request from Highway
Superintendent, Tim Leonard, for step increases for Francis Fournier and Robert Howes, the
Selectmen's Meeting (cont'd) February 15, 1996
Personnel Board recommended the raises effective 7/l/96 as position upgrade was not shown
in his request. The Selectmen will ask Mr. Leonard to re-submit his request to the
Personnel Board for their reconsideration.
The bids for the Police computer system were taken under advisement until the
Chief's return and will be opened at the next Selectmen's meeting.
At 7:20 p.m. the legal notice for a dog hearing was read. Jane Ostrander-Harris
and Diane Barrett were sworn to tell the truth. The complaint was read by Chairman
Machiros. Ms. Barrett stated that on 1/9, while shoveling snow, her beagle-mix was
loose and crossed the road to an open area. He returned being chased by a wolf like dog
and had open wounds on his neck and back. Ms. Barrett stated she did not witness the
actual attack and did not know the dog. The dog was identified by the ACI from. her
¶description as Isis. ACO, Carol Larocque, said she had several conversations with
Ms. Ostrander, owner of Isis, regarding reports that her dog was being a nuisance at
16 Jackson Way, Southern Blvd. and the Reservation. The Reservation has issued two
violations notices ordering the dog restrained from the refuge. A letter of complaint
form the Refuge was read. Chairman Machiros asked Ms. Ostrander if she had been warned
by the Refuge. She replied, "yes" and said she had also been to Federal Court and
paid a $50 fine a year ago. She stated she has had Isis fro three years and this is the
first incident involving another dog. She said she was investigating the purchase of
a kennel to hold Isis when she is away from home. The ACO stated she had previously put
the dog under a restraint order but there have been two violations since that time, both
when Ms. Ostrander was away from home. The ACO stated that in her opinion Isis is not a
danger to people as she is very leery of strangers. The only threat would be when
another dog was involved and a person tried to intervene. Hearing no further discussion,
the hearing was closed and the matter taken under advisement. The hearing was reopened.
Chairman Machiros asked ACO, Carol Larocque for her recommendation. She stated she would
like to see the dog permanently restrained to the property and was in favor of a chain link
enclosure that is locked (kennel) . Until such an enclosure can be erected Isis should be
restrained to the property by means of a heavy duty chain with a decent clasp. Chairman
Machiros asked for a time limit in which to buy and install such a kennel. The ACO
stated thrity days would be a reasonable time. On the recommendation fo the ACO, the Board
ordered a kennel to be installed within thirty days and in the interim Isis is to be
restrained on the property by means fo a heavy duty chain. Chain and kennel each to be
approved by the ACO. Ms. Ostrander was advised that this decision could be appealed to
District Court within ten days. The hearing was closed at 7:40 p.m.
Mr. Shea was advised that the Board was in receipt of his medical report. This
information cannot be discussed in open meeting unless Mr. Shea wished to waive his
rights to be heard in executive session. Mr. Shea said while he did not mind discussing
his medical report, he did not wish to waive any of his rights. He was advised that he
will be notified by mail at least forty-eight hours prior to the next meeting that he
will be heard in executive session. At that time he will have the option of executive
session or open session, as stated in MGL Chapter 39, section 23B.
At 7:45 p.m. the pole hearing was reopened. Appearing in favor: David Walsh,
representative from NYNEX. He stated they wished to place an underground conduit from
pole 18/39 on Green Street to feed a new development and common drive. Appearing in
Selectmen's Meeting (cont'd) February 15, 1996
oppostion: no one. The hearing was closed and the matter taker under advisement.
The hearing was reopened and theplan was approved as presented. Mr. Walsh was advised
that whenever there is excavation of a roadway, the Highway Superintendent must be
contacted to insure proper replacement and compaction. The hearing was closed at
7:50 p.m. and the meeting was adjourned.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
February 27, 1996
Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph S. Tevald
and Alan I. Adams were present.
Selectman Tevald approved the appointment of Alix McArdle as Director of the
Council on Aging making the decision unanimous.
Carol Larocque and Madelyn Cirinna were nominated for the position of Inspector
of Animals. Nominations will be forwarded to the Bureau of Animal Health for certification.
A new license for Kristin Comeau d/b/a Circle Performance Center at 6 Newburyport
Turnpike for auto repair and detailing was granted subject to approval by the Zoning
Enforcement Officer.
A license was renewed for Pamela Green d/b/a Byfield Flower Shoppe.
A letter of resignation from Gage Kelly to the Personnel Board was read and taken
under advisement until the Board can ascertain the reason for the resignation.
A request for use of the Upper Green by the Newbury Elementary School children on
Saturday, March 23, from 9a.m. to 12 noon for "KITE DAY" was approved.
A letter of inquiry from Mark Goodhart, 11 High Road, regarding the requirements
for a bed and breakfact license was forwarded to Charlie Powers for zoning approval.
Mr. Powers will forward the information requested to Mr. Goodhart.
It was announced that under MGL Chapter 7, section 40I the Department of Food
and Agriculture was considering the acquisition of approximately 39 acres of land on
Parker Street, owner of record Matt Kozazcki.
A permit to open and excavate the road at 16 Withington Street to repair an
emergency condition was approved for Essex County Gas Company.
Bids for a computer records system for the Newbury Police were opened and read. Three
bids were received, two from State Line Computers for $23,161 each and one from Information
Management Corp. for $39,399. It was moved and seconded to take the bids under
advisement and forward them to the Chief for his review and recommendation.
2 1 ti� YL
SEA VIEW LANE Hearing - 2/27/96
Steve Mills , 26 Sea View La . - drainage problems lower corners of
horseshoe where it meets Old Pine Island .
Jennifer Nye , 19 Sea View Lane - road nicely paved but serious icing
problems in front of her house .
Fred Trezise , 18 Sea View Lane - resident 3 years , problem all times of
year with standing water and drainage . Water runs down the middle
of the road . Pitch and grade may be incorrect .
Tom Mulaney, 11 Sea View Lane - lives on horseshoe. Drainage problem,
pipe connect to tee that blocks with leaves and results in severe
icing at corner .
Dick Tevan , 9 Sea View Lane .- lives above horseshoe . Sea View look like an
autobahn compared to Old Pine Island. Old Pine Island should be
looked at and repaired.
Brad Johnson , 1 Sea View Lane - no drainage problems but a lot of water
in the area . Drain ( swales) to marsh need to be increased . Planning
Bd . accepted "country drainage" but should have designed for manholes .
All ledge and water just runs on top . Had french drain and had to
build a second one-almost a waterfall effect over his drive .
John Nye , 19 Sea View Lane-not warming my fuzzies . Sounds like the town
is willing to accept road with all these problems .
Fred Scott - Will work with everyone to correct problems . Mr . Mulaney
put his lawn up to the edge of road and the swale is not large
enough to carry the water . Road designed to be 30 ' wide . There was
ledge where the drive was to be and Mr . Pearson ( town engineer) said
he would allow it if a tee box was installed . It was installed
under a now paved drive where it cannot be cleaned .out . Swale must
be made larger and deeper . Corner of Old Pine Isl . lot slopes to
the right and runoff drains down Sea View. Will work with Tim Leonard
resolve these issues . '
Selectmen' s Meeting (cont ' d) February 27 , 1996
A five minute recess was called at 7 : 55 p .m. The meeting was
rreconvened at 8 : 00 p .m.
The notice for a hearing on the layout of Sea View Lane was read.
Bruce Saunders , Planning Board Chair, commented that he and his Board
members had reviewed and traveled this road and it was in compliance with
the plan approved by _ the Planning Board and acceptable contingent on
approval of the Highway Superintendent . Mr . Leonard, Highway Superintendent ,
was not. available for comment . The hearing was opened to the floor.
The residents of Sea Viewq Lane cited many drainage , flooding and icing
problems on the road (comments on file for the record with a copy to the
Highway Superintendent) . Fred Scott , owner of the subdivision, noted that
this was the first development in town to require Planning Board approval .
The road was built according to Planning Board specs with "country
drainage" . It seems , he said, that some of the swales have been
encroached upon by the extension of lawns and drives . Mr. Scott stated he
was willing to work with everyone to correct the problems and would
look to the Highway Superintendent to tell him what needs to be done .
The Board accepted Mr . Scotts offer to resolve the issues . The residents
asked what would happen if the issues were not resolved prior to town
meeting . They were advised the signed petition to have the road accepted
would appear on the town meeting warrant to be voted on by the townspeople .
Hopefully all concerns can be addressed by that time and the acceptance
of the road can be recommended by both the Highway Superintendent and the
Planning Board at town meeting . Mr . Leonard will meet with Mr . Scott and
they will speak with the residents to address their concerns .
The legal notice for a hearing on .the layout of Scotland Heights
Drive was read. Mr . Saunders informed the Board he had reviewed the street
with Mr . Leonard and independently and his Board approved acceptance
of the road with the exception of the island and stone monument at the
entrance . He said it was the opinion of the Planning Board that the
Town should not be exposed to the liability this could cause . Mr . McCowan,
14 Scotland Hts Dr. asked if the town doesn' t approve the wall , who owns
it . Chairman Machiros stated once accepted the town owns the island,
monument and liability. Mr . Dinan, 95 Scotland Rd. asked if the Fire
Department had cited any problems getting in and out . Mr . Saunders
replied, no they didn ' t thing it would present a problem. Chairman
Machiros advised the liability of such an entrance would be the town' s
number one concern. The neighbors could vote to have the structure removed
as it was erected by the builder without authorization. If we should
bet sued, the whole town pays , he said, but it does add a little charm to the
area . The Board urged acceptance as the residents were victims of
circumstance .
The legal notice for the layout of Bittersweet Lane was read. Mr .
Saunders stated this is an unfinished dirt road approximately 400 ' long
with. four houses . The Planning Board has no record of plans for this
development which dates back to the early 50 ' s . The Planning Board would
make no recommendation at this time as they normally do not recommend
acceptance of unfinished roads . Dave Foley, 32 Green St . , stated. he had
Selectmen' s Meeting (cont ' d) February 27 , 1996
been grading and scraping the road for years and was instrumental in
improving the water line to the homes on the road. Steve Spanger, ,
4 Bittersweet Lane said he. was told when he purchased his home 28 years
ago that the road would be accepted. He said he had been paying taxes all
these years without the benefit and didn' t think the residents should be
liable - for paving and bringing the road up to code . Chairman Machiros
said, "I understand you feel victimized but there are procedures that
we must follow. " If there are descrepancies in the layout of the road
they must be corrected before the Highway Superintendent can estimate the
paving cos Its .. Charles Knight , 4 Bittersweet Lane showed a 1945 county
surveyors plan of the road showing a length of 414. 81 ' and a width of 30 ' .
The road originally was to connect to Maple Terrace but that is no longer
feasible . A length of approx. 410' would need to be paved he said.
Selectman Adams said once the road is properly laid out and costs estimated
the article can go to town meeting with the understanding that this is an
old road. Chairman Machiros said he felt it could all be worked out if
we work together.
Patsy Brown, Library Building Committee Chair, spoke briefly on the
two potential sites being considered for the new library, one-the corner
of Sled Road and Rte . I and two-the existing site . The recent offer of
a lot adjoining the present site made this a viable option which is being
investigated. Ms . Brown cited some statistics on the population of the
three sections of town, number of card holders and usuage by section
which suggested that Old Town and Plum Island residents us e the Newburyport
Library and not the Newbury Library. For this reason, she said, the
committee had been looking for a more centralized location. Mr. Saunders
praised the committee and stated the Planning Board was not trying to
polarize the town eith their three villages/one town concept . He
pledged his board' s support to whichever site might be chosen. Chairman
Machiros said, while the Board at this time could not endorse either site ,
if a central location was not one of the criteria for applying for grant
monies perhaps the committee should take a good look at expanding the
present site and the possibility of improving the ball field at the same
time . In response to Nancy Taylor ' s request for some guidance Chairman
Machiros and Selectman both suggested informational meetings to
get the word out to the people . Selectman Tevald said the committee has
done a great job so far . You are the ultimate salesman and will make the
ultimate choice , the people will be guided by you to either accept or
deny the project . It will all come together if you get the message out ,
he said. Patsy Brown advised that several meetings had been scheduled
and . a Special Town Meeting may have to be held for approval of the project
as time is running out and the grant application deadline is April 10.
.Chairman Machiros thanked the committee for their briefing .
Mr . Roderick Shea was asked if he had received notification of the
intended executive session to discuss his physical condition. He stated
he had received a letter from the Board on Feb. 23rd advising him of the
Board' s intention along with a copy of MCL Chapter 39 section 23B. He
proceeded to read the letter (copy on file) . Chairman Machiros stated,
Selectmen' s Meeting (cont ' d) February 27 , 1996
"the choice is now your Mr . Shea . Do you wish to discuss this in open
session or should I take a roll call vote of the members to meet in
executive session for the purpose of discussing your medical report" .
Mr. Shea requested the meeting be open. Chairman Machiros asked Mr . Shea
if he fully understood he had asked for open session and will allow
the Selectmen to discuss his physical condition. Mr . Shea stated he did
understand. Chairman Machiros read the report from Dr. LaPaglia (copy on
file) . Chairman Machiros stated, based on this report, since Mr. Shea has
chosen to speak in open session, it is my ipinion this appointment
would not be in the best interest of the town. I 've known Mr . Shea many
years and have the utmost respect for his stated Chairman Machiros . Mr .
Shea said, "sorry I can ' t say the same" . Mr . Shea .proceed,ed to read a
letter of recommendation from Mr. Gladu (copy. on file) and a letter from
Mass Audubon (copy on file) . Mr . Shea stated, "it looks like a
discriminatory action to me "I have the support of Mr. Gladu and Mass
Audubon" . He then read an Aug . 23 , 1995 letter from his physician,
Dr. Harris which stated his condition had worsened since spring 95 , citing
exposure to dust , exhaust fumes and added stress and aggravation for
his respiratory difficulties (copy on file) . He also read a letter from
his chiropractor, Dr . Fowler , citing dust , dirt and exhaust fumes as
aggravating factors to Mr. Shea ' s respriatory problems and suggesting
that these factors could cause respiratory arrest or hospitalization (copy on
file : ) Selectman Adams stated based on Dr . LaPaglia ' s report and concern
about liability of the town I cannot recommend this appointment.
Selectman Tevald said while he appreciated Mr . Shea ' s qualifications ,
based on current medical information and the letters from his doctors ,
he also could not recommend the appointment . I happen to know what Mr .
Olsen did for the . Audubon and it did require a ' lot of outdoor work said
Selectman Tevald: Mr . Shea then read an article from the Merrimack Valley
Sunday News dated 2/25 quoting Robert. Buchsbaum of the Audubon Society
as saying the position is not physically demanding . Mr. Shea asked the
Board if they wished to reconsider . Selectman Tevald said, no you've -
helped make my decision easy. Chairman Machiros and Selectman Adams also
said no . Mr . Shea insisted he be allowed to read one more letter . The
letter from Dr . Fowler dated 2/23 stated in his opinion Mr . Shea was able
and qualified to serve as an adviser to Mass Audubon and suggesting that
the Boards action was illegal and clearly discriminatory. Is Dr. Fowler
now a lawyer , asked Selectman Tevald. Chairman Machciros asked Mr. Shea if he
had anything else to say. Mr . Shea said he would like copies of the
minutes for the last meeting and this meeting . Mr. Shea was given copies
of the meeting of 2/13 and will be given the 2/27 minutes when accepted.
The Board standing by its decision not to appoint adjourned the meeting
at 10 : 00 p .m. The secretary requested a copy of Dr . Fowlers letter
of 2/23 from Mr. Shea and was refused.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
March 12 , 1996
Chairman Machiros opened the meeting at 7 : 40 p.m. Selectmen
Joseph S . Tevald and Alan I . Adams were present .
Minutes of the February 27th meeting were read, corrected and accepted.
The following warrants were signed by the Selectmen:
February 13 , 1996 W33 $615 , 917 . 68
PW33 29 ,351 . 33
February 20, 1996 W34 156 ,370 . 39
PW34 26,374. 26
February 27 , 1996 W35 30,878. 68
PW35 24, 649 . 32
March 5 , 1996 W36 24,802 . 13
PW36 22 ,251 . 92
On the recommendation of Chief Merry, bids from State Line Computers
for hardware and Information Management Corp. for software were accepted
by the Board on a motion by Selectman Adams ,' seconded by Selectman Tevald.
It was voted unanimously by the Board to approve a request form the
Library Building Committee to hold a "special town meeting" , date to be
determined, to vote on acceptance of the new library building designs and
authorization to apply for available grants to fund part of this project .
Licenses were reviewed and renewed for Noyes Enterprises and
Rocky' s Rod & Fly Shop .
An installers permit was renewed for Edward Tremblay of Salisbury.
On the recommendation of the Harbormaster , David Thistlewood was
appointed as an Assistant Harbormaster .
On the recommendation of the Personnel Board step upgrades were
approved for Highway Department employees , Francis Fournier and Robert
Howes , effective with the next pay period.
On the recommendation of the School Building Commmittee , a contract with
LCN Inc . of Weymouth was signed for the telecommunications system at
the Round School .
Adam Burke , a Triton student , from Larkin Road was recognized by
the Board. Mr. . Burke was in attendance for a government class project .
There being no new business , the meeting was adjourned at 8 : 00 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
March 26 , 1996
Chairman Machiros opened the meeting at 7 :40 p.m. Selectmen Joseph
i
S . Tevald and Alan I . Adams were present .
The following warrants were signed by the Selectmen:
March 12 , 1996 W37 $ 643544. 51
PW37 30, 110 . 10
March 19 , 1996 W38 601 , 100 . 40
PW38 26 , 651 . 10
Nicholas Giantis , 1 Lenway Road, complained about pot holes and the
general condition of his street . Chairman Machiros advised him that . Lenway
Road was. on the list of streets being considered for paving this year and
he would ask the Highway Superintendent to take a look at it .
Dick Cunningham asked if the date for the Annual Town Meeting had been
set . Chairman Machiros stated it was set for the 23rd of April with Mock
Town Meeting on the llth of April . The warrant will be closed to petition
articles Friday, 3/29 .
A request from Ann Marie Chouinard of Middle Rd. for use of the
Lower Green for Triton Girls Youth Soccer practice was given tanative
approval . The Board will check to see if the field at the Round School
will be ready and available and possibly shift the practices to that field.
At 7 :45 p .m. the legal notice was read for a pole hearing , plan #647
dated 2/8/96 to erect one pole on Moody St . Appearing in favor : Jack
Moynihan of Mass Electric . Appearing in opposition: no one . Mr. David
Twombly, 34 Moody St . stated he was in attendance as an interested party
but had no objections to the pole . Mr. Moynihan asked Mr . Twombly
to contact him directly if he had any concerns or questions . The hearing
was closed and the matter taken under advisement . The hearing was reopened.
It was moved by Selectman Adams and seconded by Selectman Tevald to. grant
the petition as presented. .
A permit from Essex County Gas Co. to open and excavate 21 River St .
for a new gas service was approved.
A request from Eileen Pacy of Byfield for use of Newbury Town Hall
for a registration session for Pop Warner on April 4th from 7-9 p.m. was
given tenative approval . The Board was interested in obtaining more info
on the league , especially where the games will be played.
A request for use of Byfield Town Hall on June 6th for a concert by
Linda L. Smith of Elm St . was approved for 7-10 : 30 p.m.
A temporary installers permit was issued to Enpro Services of
Newburyport for .the installation of a tight tank at Riverfront Marine , all
DEP and town permits are in place .
Licenses were reviewed and renewed for Heart of Byfield and Atty May' s
Cafe which is under new ownership.
Selectmen' s Meeting (cont ' d) March 26 , 1996
In the absence of Mike Bulgaris , Linda Allen a member of Protection
Fire Co : #1 Ladies Auxiliary presented a proposal to erect the original
fire (bell) alarm at the site of the Firemen' s Memorial in American Legion
Park as a memorial to Protection Fire Co . #1 and deceased members : 1996
is the 75th Anniversary of the founding of Protection Fire Co. #1 , stated
Mrs . Allen. The Board congratulated the Company for taking on such a
project and expressed their support .
Selectman Tevald advised Nancy Burke of Larkin Road that her
proposal for the old snuff mill had been forwarded to the Historic Comm.
for their review and recommendations. The Commission should be meeting the
first part of April to work on the proposal .
Chairman Machiros announced the onset of a Financial Assistance Program
for the repair of septic systems . This program is funded by a state
grant of $100,000 . Brochures and applications will be available at Town
Hall beginning April 1st .
By unanimous vote (moved by Selectman Adams , seconded by Selectman
Tevald and voted by Chairman Machiros) it was decided to place on the
4/23/96 ATM Warrant an article asking for approval of a debt exclusion
(from Prop. 22) to fund the continuation of the "landfill mining project"
and to place on the 5/14/96 Ballot a question asking the voters to
approve that debt exclusion.
The meeting was adjourned at 8 : 10 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN';S MEETING
April 9 , 1996
Chairman Machiros opened the meeting at 7 : 40 p.m. Selectmen Joseph
S . Tevald was present . Selectman Alan I . Adams was absent .
Chairman Machiros advised that the Larkin Road Bridge would be
closed from 4/10 to 4/17 to .enable the state engineers to do test borings
in preparation for replacement of the bridge .
Moved by Selectman Adams , seconded by Selectman Tevald the following
persons were appointed to the Cable TV Advisory Committee : Jon Foley,
Bob Woolf , Bob Stein, Dick Joy and Joan Weyburn.
Installers permits were reviewed and renewed for John Travers & Son
of West Newbury and Hawks Construction of Salisbury. A new installers
permit was approved for Kevin J . Greaney, Newton, NH.
OL
C
Dr. Michael Garcia
Dr. Belinda Wilkes
87 Larkin Road
Newbury, MA 01922
April 8, 1996
To: Newbury Selectmen
From: Concerned Newbury Residents
Re: Request for Comments on Replacement of Larkin Rd. Bridge
We thank you for allowing Newbury Residents additional time to comment on the planned
closure of the Larkin Road Bridge in preparation for its replacement (re: Daily News, April
5 1996). We have the following concerns about the planned bridge.
We base these concerns on our understanding of the planned bridge from discussions with a
State Engineer working on the Larkin Road Bridge under the `Footprint' Federal program
The planned bridge would be 2 lanes (rather than one) and be rated for Full HS20 load, ie,
any Truck/Tractor Trailer within Federal Highway load limits could pass (rather than the
current 6/9/13 Ton load rating).
We feel that the planned bridge project on Larkin Road is substantially different from the
two other Newbury bridges (Middle Road and Newman Road) being replaced under the
Footprints program this year. This is because Middle and Newman Roads are in areas of
Newbury which are entirely residential, while Larkin Road (which is also residential) borders
on two large industrial zones in the neighboring town of Georgetown.
The Conflict between the requirements of Residential Zoning in Newbury and Industrial
Zoning in Georgetown requires special considerations from the town and the selectmen.
CONCERNS:
1. Development of the 45 Acres of Industrially zoned land in Georgetown at
66 Larkin Road.
This land has been for sale/lease for several years. Development of it as an Industrial
area is currently untenable because the Larkin Road bridge is not suitable for an
industrial area. However, the new bridge (if built as currently planned) would provide
excellent access for industrial use of this land, and direct access to I95 via Larkin
Rd/Central Street.
Newbury would have no control over the development of this land, and Georgetown
has every right (and would have every motivation) to develop it to its full industrial
potential.
For example, Georgetown Sand and Gravel has been looking for a location for a concrete
batching plant 66 Larkin Road would be an ideal site, as far as Georgetown would be
concerned.
In addition, Georgetown would gain all the Tax revenues from such industrial devel-
opment, but Newbury would inherit all the detrimental effects (pollution, increased
traffic, road wear). There would be no additional traffic in Georgetown but vastly
increased traffic in Newbury.
This land drains directly into Wheeler Brook and then the Parker River. Pollution of
'Thr> nricfina PnA-pr Rivar' (nnntinor thc- Rnetnn wnnlrl inru;fnkly raenit /npra-r)
2. Industrial Traffic from the existing Jackman Street Industrial park in George-
town.
This industrial park (on Jackman Street, off Parish Rd) currently has rather poor
access to I95 - traffic must go through residential areas in Georgetown on Jackman St.
and Central St. The new Larkin Road bridge (as currently planned) would provide a
much shorter and direct route to I95 via Parish Rd/ Larkin Rd /Central St.
3. Fishing on the Larkin Road bridge, and safety.
The Larkin Road bridge is a popular fishing spot every spring/summer. Many of
the anglers are children. Safety is an obvious concern. The current one lane bridge
encourages traffic to slow considerably when crossing. A larger, two lane bridge would
not cause traffic to slow. It greatly increases the safety of the anglers to have the traffic
move slowly when crossing the bridge.
4. Home Values on Larkin Road.
Development of the Industrial Zone at 66 Larkin, and drawing traffic from the existing
Industrial Zone on Jackman St., would have a detrimental effect on property values of
homes on Larkin Road. Residents whose property is negatively impacted by govern-
mental actions are sometimes eligible for reimbursement, occasionally via litigation.
SUMMARY - Increasing the load capacity and width of the Larkin Road bridge would not
be in the best interests of the town of Newbury. The majority of the benefits of such a bridge
would go to the town of Georgetown. We urge the selectman to give the Larkin Road Bridge
special consideration. Perhaps the bridge could be maintained in its present condition, or
the planned replacement could be modified to the same width/load as the present bridge, or
the planned replacement could be sign-posted for `no heavy trucking'.
S' ere ,
Dr. Michael . Garcia
Dr. Belinda J. Wilkes
cc: Kathleen Sirois (Secretary), Marcia Peirce (Clerk), Bob Lopsley (MA Highways)
Selectmen' s Meeting (cont ' d) April 9 , 1996
A letter from Michael Garcia and Belinda Wilkes of 87 Larkin Rd.
expressing their concerns regarding the bridge replacement is entered into
the records . Both Chairman Machiros and Selectman Tevald stated they
understood the concerns mentioned.
A request from Jeanne R. Ranieri , 18R Plun Island Blvd. for
permission to sell Italian ice from her home was passed on to Charlie
Powers , Zoning Enforcement Officer , for his opinion as to whether or not
this would be a permitted use at this location.
Chairman Machiros asked Tom Salemi , Daily. News reporter , to place
two announcements in the paper : one advertising Cable TV Channel 3 ' s
showing of Newbury' s Landfill Reclamation Mining Demo Poriect at 6 p.m.
Fri . , Sat . , and Sun. , April 12 , 13 , 14 and again on April 19 , 20, 21 ;
second to advise our residents of the "informational hearing" to be held
on April 16 at the Morgan Ave . , Fire station at 7 : 30 p.m. to discuss mining
and lining the landfill , the largest environmental project undertaked
by the Town.
May Selectmen' s meetings will be held on the 7th and 28th.
Mock Town Meeting was rescheduled for the 18th of April at Byfield
Town Hall at 7 : 30 p .m. due to a conflict with an elementary school
program being held on the llth .
Chairman Machiros will ask the Planning Board to address potential
uses of the Byfield and Woodbridge. Schools when closed the end_ of this
year . All proposals and inquiries received by this office will be turned
over to their Board for review and recommendations . Selectman Tevald
commented that their Board has a good mix of the expertise and knowledge
needed to evaluate such a project .
The following warrants were signed by the Selectmen:
March 26 , 1996 W39 $ 81 , 655 . 10
PW39 24,373 . 04
April 2 , 1996 W40 201 ,375 . 81
PW40 211064 . 50
The meeting was adjourned at 8 : 10 p .m.
Respectfully submitted, .
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
May 7 , 1996
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:
April 9 , 1996 W41 $ 55 ,531 . 24
PW41 27 ,495 . 42
April 16 , 1996 W42 50, 898 . 37
PW42 26 ,032 . 49
April 23 , 1996 W43 801 ,476 . 39
PW43 25 , 732 . 75
April 30, 1996 W44 96 , 684. 28
PW44 22 , 667 . 13
Chairman Machiros advised that eleven resumes had been received for the
Accountant' s position and five interviews had been conducted jointly by the
Treasurer, Accountant, and a Selectmen. Gage Kelly from the Treasurer ' s
office was selected from those interviewed to fill the position. It was
moved by Selectman Adams and seconded by Selectman Tevald to appoint her
for a three month probationary period including the remainder of Helen
Pehrson .' s term. Chairman Machiros expressed his thanks to all the
applicants .
At 7 :45 p.m. the legal notice for a pole hearing was read (plan #648,
dated March 15 , 1996) . Appearing in opposition - no one . Appearing in
favor : Dick Lambert from Mass Electric . Mr . Lambert explained that
Mass Electric and NET&T proposed the removal of pole #16 on Middle Rd.
and the placement of six new poles on Adams Lane to carry service to the
new development . The hearing was closed and the matter taken under
advisement . The hearing was reopened and the petition was granted as
presented.
A new Class II license was approved for Joseph Pugia d/b/a Admiral
Motors Newbuyplan Inc . at 86 Newburyport Tpke . The 1* cense previously
held at that address by Gerard Mailley was discontinued. Mr. Pugia was
advised that continuance of his license was subject to periodic inspections
of the property. Mr . Pugia agreed to run a reputable , clean operation.
Continental Cable was granted permission to replace the conduit- and
coax cable across the Plum Island River under .an emergency provision.
They were advised to contact. Charlie Powers of the Conservation Commission
prior to the start of any work.
Permits were approved. for Essex County Gas Co . to open and excavate
86 Central St . and 6 Rolfe ' s Lane for net,, gas service .
Two one-day licenses for the sale of alcoholic beverages were iss,-ed
to Ould Newbury Golf Club for ilay llth and May 17th.
A request from the Parker River Days Committee regarding open. camp-
fires on the Lower Green as part of their encampment demonstration was
forwarded to the Board of Fire Engineers for their determination.
Selectmen ' s Meeting (cont ' d) May 7 , 1996
A request from the Newbury/Byfield Baseball League for use of the
Upper Green ballfield for practices on Tuesday afternoons from 4-6 p.m.
May 7th thru June 17th was approved.
A request from the PTA for use of Byfield Town Hall for a "threatre
production" on June 5th from 12 : 30 to 1 : 30 p .m. for the Byfield Elementary
School students was approved.
An Installers License was renewed fro Edward Boyle of Newbury and a
new license was issued to John Prokop d/b/a Taurus Construction,
.Atkinson, NH.
.A general business license was issued to Daniel Ventura d/b/a Rainbow
Carpet Cleaning .
A license for a parking lot was issued to Mickey Villane d/b/a
Villane Parking . Restricted entrance and exit on Plum Island Blvd. only.
For the record Chairman Machiros advised that the majority of questions
he had been receiving regarding the mining or closing of the landfill
concerned trash pick-up (i . e . summer pick-up on the Island and the
cost of private pick-up) anal what guarantees the Town had that the State
would allow the landfill to continue 2 years . He state " that the guarantee
will be in the form of an "intent agreement" between DEP and the Town
sometime between June and July. The agreement will addres- our environ-
mental concerns as the most important aspect of completing this project ,
he stated.
The meeting was adjourned at 8 : 15 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
May 20, 1996
Chairman Machiros opened the meeting at 7 :40 p.m. Selectmen
Joseph S . Tevald and Alan 1 . Adams were present .
A notice from Essex County Mosquito Control was read advising
that aerial spraying was scheduled to occur between June 1 and 12 during
daylight hours .
A one day special permit for the sale of alcoholic beverages was
approved for Governor Dummer Academy for June 15th from Le' noon to 12
midnight .
A letter from Tim Leonard, Highway Superintendent , was read
recommending that Larkin Road be restricted from use by trucks weighing
22 tons or more with. the exception of delivery services and town
maintenance vehl*.cles . He cited safety converns and damage to the
road surface . The Board will look to Chief M,-zry . for his input .
Selectmen' s Meeting (cont ' d) May 20 , 1996
A request from the Parker River Festival Committee to hand a ban %er
from the backstop on. the Upper Green was granted.
May 31 , 1996 was proclaimed "Mary Wood Day" . Mrs . Wood will be
retiring after 23 years of service with the Byfield Post Office .
A request for use of the Upper Green on Saturday, August 17
(raindate Aug . 24) by the Plum Island Mothers ' Club for a fle•1 market was
approved.
It was moved by Selectman Tevald and seconded by Selectman Adams
to rename Angie Machiros as Chairman of the Board of Selectmen. He was
commended for a fantastic job this past year . Selectman Adams moved
that Joseph Tevald remain as Clerk of the Board, seconded by Chairman
Machiros .
Chairman Machiros in a statement regarding the land-ili project
thanked the people for their vote of confidence . He noted the unfortunate
dialog fr-m the opposition questioning the dollars and cents being
pursued for landfill mining even though it is to protect the environment .
He stated that they failed to mention that we cannot put a aprice on an
environmental project that will insure the prosperity of the river and
our -valuable resources and will not compromise present and future citizens.
Selectman Adau:s stated that the landfill has long been blamed for
pollution even though tests have shown it does not contribute . This will
be our chance to insure that the river is protected for our future
generations . Selectman Tevald also thanked the people for their vote of
confidence and reiterated that this project is the best environmental
answer to an inherited problem and we will Conti-ue to work in a non-
polluting manner to make the landfill successful . This is a State
supported project said Chaiman Machiros and they have show , their
confidence in the project through a straight grant to the Town.
The following warrants were signed by the Selectmen:
May 7 , 1996 W45 $85 ,825 . 98
PW45 23 ,803 . 85
May 14, 1996 W46 33 ,453 . 53
PW46 21 , 762 . 34
The meeting was adjourned at 8 : 15 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
i
SELECTMEN' S MEETING
June 11 , 1996
Chairman Machiros requested a minute of silence in memory of
Ralph Lowell who passed away Friday, June 7th.
Chairman Machiros stated he would personally miss Ralph very much. .
Ralph was one of .those dedicated people who made the town the success it is ,
he said. Selectman Adams noted he had .known Ralph many years and Ralph
had always been helpful . He had a great knowledge of the town. Selectman
Tevald commented that being the rookie of the board he constantly looked to
Ralph as his source of information. Sadly some of the history of the town
will be lost with his passing. He was a strong supporter- of tows, politics
said Selectman_ Tevald and his loss will be a great void to a lot of
townspeopie . Chairman Machrios noted, on the lighter side , Ralph ' s nickname
was. the "Hub" . He was the hub of town hall and everyone else was just a
spoke . Anytime there was a problem to be solved Ralph would dig in and find
a solution. He will be missed..
At 7 :45 p .m. the legal notice for a dog hearing was read. The
complaintant , Vicki Kozazcki was not present . The dog , owner , Jeff Downing
was present . Chairman Machiros asked ACO, Carol Larocque , if there was an
ongoing problem with Mr . Downing ' s deg . The ACO replied thee, was not .
She had had no .new complaints and the Downing have been careful to keep the
dog, Remington, restrained Selectman Adams moved to take the. matter under
advisement , seconded by Selectman Tevald. The hearing was postposed until
next meeting . If Ms . Kozazcki is not in attendance , the hearing will be
considered in default .
Selectman Tevald advised the Board that he met with Essex County Gas Co .
representatives , Kurt Frampton. and Don Searle and they and Tim Leonard looked
at the entire length of the proposed gas lice on Main St : With minor
exceptions the line can be kept off the road surface , he advised. Approvai
of the permit would be subject to addendums and stipulations that any section
of road disturbed would be ground and overlaid, ground area no less than
to the center strip , entire width if needed. Also , no surface cuts across
the road would be allowed. All lines must be hogged under the surface .
Selectman Tevald reported that the Gas Co. reps . seemed to agree to the
stipulations . An addendum must be drawn up for signatures . Prior to
excavation the Gas Co . will meet with Tim as an informational source in
areas where the project may infringe on private property. Subject to these
stipulations , he stated, he would recommend approval of the project .
Chairman Machiros asked if we would need to assign someone from Highway to
oversee the project . Selectman Tevald stated it was a projected two week
project including finish work (approx. 500 ' progress each day) and in most
areas constant supervision is not needed. Chairman Machiros suggested the
addendum state that the Town reserves the right to make inspections and
any expenses incurred will be charged to Essex County Gas Co . Selectman
' Tevald will be in charge of drafting the addendum and obtaining the
necessary signatures and he will be in charge of the project .
Selectmen' s Meeting (cont ' d) June 11 , 1996
Two permits were approved for Essex County Gas , one for 27 High Rd.
and . the second for 2 Oak Street , both for the installation of new gas
services .
On the recommendation of Chief Merry the following persons were
appointed as lifeguards for the 96 summer season as moved by Selectman Adams
and seconded by Selectman Tevald:
Full time - Andy Bernier, Emily Hopping , Peter Saradiian, Steve
Spanger , Steve Chaisson, Erin O'Leary, Neal Ernstrom, Sandra Sarney, Scott
Jason, James Theodore .
Part time -.,Mark Ferrara , Mike Purvis , Dylana Radke , Margret Leahy.
On the recommendation of Ed Suprin,. Director Summer Rec . Program, the
following persons were appointed as counselors for the 96 summer season
as moved by Selectman Adams and seconded by Chairman Machiros . Selectman
Tevald abstained from the vote .
Senior counselors : Penny Stranc , Josh Roberts , Shannon Rigsby
. Junior counselors : Karen Traister, Jessica Luca , Jessica Weyburn,
Bethany Tevald, Rob Marshall , Matt Bazirgan and Adam Foss.
Charles Eicher was appointed to the Sandy Point Reservation Commission
The name of Eugene Fuller of 175R High Rd. was taken under advisement
for further information, as was the name of Skip Publicover .
A one day liquor license for Ould Newbury Golf Club for June 15
from 5 p.m. to 12 a .m. was approved. Chairman Machiros suggested that
Town Clerk, Marcia Peirce , be asked to look at our fee schedule to see if
we are in line with the surrounding towns .
The warrant for a Special Town Meeting on Tuesday, June 25 , 1996 at
7 : 30 p .m. was read and signed by the Selectmen.. Constable Dick Cunningham,
will post the warrant immediately after the meeting .
The following warrants were signed by the Selectmen:
May 21 , 1996 W47 $ 953 ,900 . 45
PW47 26 , 665 . 56
May 28, 1996 W48 1 ,067 ,516 . 13
PW48 22 ,917 . 57
June 4, 1996 W49 45 ,937 . 55
PW49 25 ,207 . 15
The meeting was adjourned at 8 : 15 p .m.
Respectfully submitted,
Kathleen Sirois ; Secretary
SELECTMEN' S MEETING
June 25 , 1996
Chairman Machiros opened the meeting at 8 : 10 p.m. immediately after
the Special Town Meeting. Selectmen Joseph S . Tevald and Alan I . Adams
were present .
Selectmen' s Meeting (cont ' d) June 25 , 1996
The following warrants were signed by the Selectmen:
June 11 , 1996 W50 $ 48 ,368 . 85
PW50 33 , 503 . 35
June 18 , 1996 W51 748 ,253 . 53
PW51 23 ,361 . 82
No one being present for the Kozazcki/Downing dog hearing, the
complaint was set aside .
A notice from Essex County Mosquito Control was read advising that
aerial spraying will occur between June 29 and July 10 during daylight
hours .
Annual appointments for the Police Dept . were approved on the
recommendation of Chief Merry.
Annual appointments for the Harbormasters Department were approved on
the recommendation of Harbormaster , Don Rowell .
A license for Russell Vaughn d/b/a Ambassador Limousine was reviewed
and renewed.
A request was granted for use of the Upper Green by the Republican
Town .Committee on August 3 (raindate August 10) for a flea market and
crafts fair.
The contract for public health nursing for FY97 between the Town
and Home Health Care of Greater Newburyport was reviewed and signed.
A request from the Harbormaster for an increase in pay rates for
his department was taken under advisement .
The Board agreed to extend the 4th of July holiday thru Friday, July
5th for Town Hall personnel .
Dick Passeri , School Building Committee , briefly addressed
the Board regarding an anticipated $350 , 000 shortfall of funds needed to
finalize the Round School project . This shortfall , he explained, was
primarily caused by the delayed construction start , additional ADA standards ;
additional asbestos not visible until demolitio, borrowing costs over
and above interest on the boand and updating the telecommunication systems
to todays standards . He also cited a need for a pick-up/drop-off area
for children who are driven to school by their parents . Chairman Machiros
congratulated Dick and his Board on a fantastic job to date and stated
that the Selectmen were committed to support the project thru completion.
Chairman Machiros suggested the end of July for a Special Town Meeting to
address these funds as well as a proposed purchase of .approx. 14 acres
of adjacent property owned by the Waltons . Warrants must be posted two
weeks prior to a special town meeting. Mr . Passeri advised that he would
investigate with' the Bond Counsel the correct language for the articles .
No exclusion vote will be required as the project was exempted in total at
the time of the original vote .
Selectmen ' s Meeting (cont ' d) June 25 , 1996
The meeting was adjourned at 8 :40 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
July 9 , 1996
Chairman Machiros opened the meeting at 8 : 00 p.m. Selectmen Joseph
S . Tevald and Alan I . Adams were present .
The following warrants were signed by the Selectmen:
June 25 , 1996 W52
PW52
July 2 , 1996 W53
PW53
Chairman Machiros asked for a moment .of silence in memory of past
Selectman, Richard Knight . Selectman Adams recalled serving on the Board
with Dick Knight from 1969 until Dick' s retirement . He taught me a lot
said Selectman Adams . He was a common sense fellow who always had the
best interest of the town at heart and he will be missed. Chairman
Machiros noted he knew. Dick personally but did not have an opportunity to
work with him. Selectman Tevald added that although he did not know Dick
personally, he was a greatly respected gentleman. All agreed Dick would be
sadly missed.
FY97 appointments were reviewed and approved as 'moved by Selectman
Adams and seconded by Selectman Tevald. They are on file at the Clerk' s
office .
As there was no other new or old business before the Board, the
meeting was adjourned -at 8 : 10 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
July 23 , 1996
Chairman Machiros opened the meeting at 7 : 45 p.m. Selectmen Joseph S .
Tevald .and Alan I . Adams were present .
The warrant for a Special Town Meeting on August 13 , . 1996 at 7 : 30 p.m.
at Town Hall was read and signed by the Selectmen as moved by Selectman Adams
and seconded by Selectman Tevald. Constable Cunningham will be asked to
post the warrant .
Selectmen' s Meeting (cont ' d) July 23 , 1996
A new general business license was approved for Scott Dehetre d/b/a
Buddy' s Batters Box. Zoning Officer, Charlie Powers stated it was a
permitted recreational use .
A notice from Essex County Mosquito Control was read advising that
aerial spraying will again take place between 7/26 and 8/5 during daylight
hours
A request for use of the Byfield Town Hall by Pop Warner Cheerleaders
on 8/7 from 4 to 5 : 30 p .m. was tenatively approved pending Selectman
Tevald' s inquiry into the formation of this new organization.
Richard Johnson of Byfield and Ed Becker of the Greenbelt Association
appeared before the Board of Selectmen to request their signatures on
a confirmation and aproval of the conservation restrictions filed and
recorded at the Registry of Deeds on December 28, 1995 for property known
.as Johnson ' s Mill Site on the Parker River in Byfield. This is not a new
restricted conversant , just certification by the Selectmen that they voted
to approve the restriction for the preservation of the natural resources .
The Board took the matter under advisement and will consult with Counsel .
prior to signing the approval at the next meeting.
The following warrants were signed by the Selectmen:
July 2 , 1996 W1 $ 44, 528 . 90
PW1 35 ,484. 15
July 9 , 1996 W2 363 , 676 . 84
PW2 33 ,555 . 48
July 16 , 1996 W3 102 ,291 . 86
PW3 32 , 681 . 14
The meeting was adjourned at 8 : 30 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
August 13 , 1996
Clerk, Joseph S . Tevald opened the meeting at 8 : 00 p .m. Selectman
Alan I . Adams was present .
Moved by Selectman Adams and seconded by Selectman Tevald it was
voted to approve the transfer of control of the Newbury Cable TV license
from Continental Cablevision of Mass Inc . to US West Inc .
Jessica Brown, 275 High Road appeared before the Board to request a
new license) to buy and sell gifts , art , and antiques , etc . from the
gallery on her property. The gallery will be called "Up Country Collect-
ibles" . This is a permitted use in an Agricultural/Residential area .
Selectman Tevald asked Ms . Brown to check with Charlie Powers prior to
erecting a sign to insure it will comply with the zoning regulations .
It. was moved and seconded to approve the license as requested.
Selectmen' s Meeting (cont ' d) August 13 , 1996
Bob Walton asked the Board to consider allowing the closure of Anchor
Way for a block party on Labor Day from noon to dusk. He advised that all
but two of the neighbors had been contacted and they . were all enthusiastic
about the idea . Selectman Tevald asked Mr . Walton to file a written
request prior to the meeting of the 27th and gave the Board' s tenative
approval . Chief Merry advised he had no problem with the closure as long as
Fire and Ambulance were advised in case of an emergency.
Bob Galino on behalf of Triton Youth Soccer requested use of the
Upper Green on Saturday mornings from September 14th thru November 9th for
practices for their under 8 group. His request was approved excluding
dates previously committed for craft . fairs . He was advised that cars
must be parked in appropriate areas , not on the grass , and his group will
be responsible for policing the Green at the .conclusion of each practice .
A request from Mass Audubon for use of the Town Boat Ramp on
September 14th as a "take out spot" for a conoe trip on the Parker River was
taken under advisement and will be. forwarded to the Harbormaster , Don
Rowell for his determination.
October 24, 1996 was proclaimed United Nations Day in celebration
of their. 51st Anniversary. Information on associated activities will be
passed along to the schools .
A request from Governor Dummer Academy for permission to install a
cobblestone crosswalk on Middle Road was given tenative approval and will
be forwarded to Highway Superintendent , Tim Leonard. Tim will be asked
to work with Governor Dummer and to report to the Board of Selectmen any
anticipated problems .
Ed Becker of the Greenbelt Association and Nancy Attaya , Attorney
representing Ms. Batchelder , current owner of Johnson' s Mill Site on the
Parker River were in attendance for the signing of the approval of a
conservation restriction on said property. Town Counsel advised that this
form was just the confirmation of a recorded restriction. Attorney Attaya
stated she was present only to insure that this was the same conservation
restriction that was in place at the time of purchase and not something
new that was being added. She agreed with Counsel that this was just a
correction of the deeded restriction. It was moved and. seconded to take the
matter under advisement . Selectman Tevald advised that the forms would be
signed within a few days when all three signatures could be obtained.
The completed forms will then be forwarded to Mr . Becker .
The following warrants were signed by the Selectmen:
July 23 , 1996 W3 $102 ,291 . 86
PW3 32 , 681 . 14
July 30, 1996 W4 273 , 881 . 79
PW4 32 ,047 . 57
August 6 , 1996 W5 88,982 . 11
PW5 31 , 175 . 53
The meeting was adjourned at 8 : 30 p.m.
Respectfully submi ted,
SELECTMEN' S MEETING
August 27 , 1996
Chairman Machiros opened the meeting at 7 : 45 p.m. Selectmen Joseph S .
Tevald and Alan I . Adams were present .
Chairman Machiros recognized Arthur Allen, candidate for State
Representative . The Board wished him well in his campaign.
Four one-day special permits for the sale of alcoholic beverages were
approved for. Ould Newbury Golf Club for August 30th 5pm to lOpm, August 31 ,
Sept. 1 , and Sept . 2 , 12 noon to 7pm.
The written request from Bob Walton to close off Anchors Way on Labor
Day from noon to dusk for a block party was received and approved.
Notification will go tc the Police and Fire Departments .
A permit from Essex County Gas Co. to open and excavate 46 Main St .
to install a new gas service was approved.
A request for use of Town Hall on Sept . 11 at 7 : 30 p.m. by the Sandy
Point Advisory Committee was approved for one meeting only.
The Board voted not to exercise their option to purchase land taxed
under Chapter 61 owned by Harold. and Norma Reader, Assessors Map R33-51 .
This land to be withdrawn from Chapter 61 due to a use conversion.
The warrant for the State Primary Election September 17th was reviewed
and signed by the Selectmen.
On the recommendation of ACO, Carol Larocque , . Deborah and Charlie
Knight were appointed Assistant ACO' s as moved by Selectman Adams and
seconded by Selectman Tevald.
.The following warrants were signed by the Selectmen;
August 13 , 1996 W6 $541 , 539 . 48
PW6 30,920 . 08
August 20, 1996 W7 32 , 175 . 74
PW7 32 , 782 . 62
There being no other new or old business before the Board, the
meeting was delcared adjourned at 7 : 55 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
z
SELECTMEN' S MEETING
September 10, 1996
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:
August 27 , 1996 W8 $164, 777 . 16
PW8 31 ,825 . 89
September 3 , 1996 W9 45 , 625 . 82
PW9 27 , 724. 85
A new license was approved for Jeff Greenwood d/b/a/ Diamond
Marine (Sales & Service) .at 6 Newburyport Turnpike . Mr . Greenwood was
advised that there had been problems at that location in the past and
his license would be subject to periodic inspections for neatness of
the operation.
Marcia Peirce was appointed temporary Treasurer of the Green
Pond Restoration Committee as moved by Selectman Adams and seconded by
Selectman Tevald.
Chairman Machiros noted that a limited number of commemorative
coins and hats from our 350th celebration are still available at the
Clerk' s office . He suggested that the Historic Commission might work
with the Clerk' s office to promote the sale of these items especially
for new residents who might not be aware they are available .
A request for use of Great Meadow by Boy Scout Troop #44 for a
campout on Sept . 28 & 29 was approved. Campfires will be addressed
by Captain Pearson of Byfield Fire .
A request for "Tag Day" on September 20 & 21 for Triton Youth
Hockey was approved subject to permission from the business owners ,
as collection points will be on private properties .
The resignation of Donald Quill from the Historic Commission was
accepted with deep regret . Mr . Quill cited conflicts with his new
work schedule .
A new installers license was issued to Gary Corsetti of Atlantic
Design Group of Magnolia for one system installation only.
A one day special permit was approved for Protection Fire Co . #2
for September 14th, 7pm to 12 midnight . The fee was waived.
A license for the sale of craft supplies and gifts was renewed for
Judith Mondalto d/b/a Cross Stitch Shop at 72 Newburyport Tpke .
Chairman Machiros discussed the ongoing problem with algae in the
Upper Green Pond. He advised that it would be treated again this week by
Aquatic Control Technologies. They have suggested that an . aerator be
installed to help prevent this buildup, he stated, and a letter of
. recommendation is forthcoming for the Town' s consideration.
Selectmen' s Meeting (cont ' d) September 10, 1996
The meeting was adjourned at 8 : 05 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN'S MEETING
September 24, 1996
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 10 , 1996 W10 $ 62 , 125 . 09
PW10 30, 785 . 57
September 17 , 1996 W11 400,563 . 81
PW11 29 , 662 . 87
Bid openings were delayed until 8 : 00 p.m. on a motion by Selectman
Adams seconded by Selectman Tevald.
A new license for "buying and selling antiques , collectibles and gifts"
was approved for Tresa Faino d/b/a Time Pieces at 69B Newburyport
Turnpike .
A request for a vendors license from Ann Marie Chouinard representing
Triton Pop Warner to sell hot dogs , soda , chips etc , from a small mobile
care for four home games to be played at Triton was approved contingent on
inspection of the mobile cart by Health •Agent , Joe Tevald.
Worthen Taylor III was appointed as Acting Treasurer of the Old Town
Water District to replace Ralph Lowell .
Requests for use of the Upper Green by Newbury/Rowley Lions Club for
a craft fair on October 12 (raindate Oct . 14) and permission to set up a
roadblock for a fund drive at the corner of Hanover Street and High Road
were approved. Chief Merry stated he had no problem with the roadblock
as long as signs were posted in the proper areas to alert motorists .
A request from SPNEA to place a sandwich board and banner at the
backstop of the Upper Green to advertise their Harvest Festival on September
28th was approved.
A request from Cub Scout Pack #44 for use of the Upper Green on
October 19th for a family dayt and pirate derby was approved.
A letter of thanks to the Town from North Shore Cyclists for
allowing them use of the Upper Green on August 24th & 25th for their annaual
cycling event was read and accepted with special thanks. to Chief Merry and
his department for their aid.
Seelctmen' s Meeting (cont ' d) September 24, 1996
A letter from Aquatic Control Technologies Inc . recommending the
installation of an aerator in the Upper Green Pond was taken under
advisement . Discussions will be held with neighbors of the Green and
members of the Green Pond Restoration Committee to decide what should be
done to improve the quality of the pond.
Chairman Machiros announced that no Special Town Meeting would be
needed at this time as the School Committee had rescinded their vote to
incur debt to finance the reconstruction of Triton Regional High School .
More informational meetings will be held and the School Committee will vote
on the debt again the first of next year.
At 8 : 00 p.m. the legal notice for bids on Highway Construction Material;
and Equipment was read by Chairman Machiros . Bids were opened, read and
taken under advisement until Highway Superintendent , Tim Leonard can
review them. All bids received had bid bonds in place. No one was
present from the bidding companies .
Chief Merry advised the Board that our town had received high marks
from FEMA on the Seabrook Emergency Drill held on September 18th.
The meeting was adjourned at 8 : 10 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
October 8 , 1996
Chairman Machiros opened the meeting at 7 :45 p.m. Selectmen Joseph S .
Tevald and Alan I Adams were present .
The Board commended Jon Foley for a superb job chairing the Cable TV
Advisory Committee and asked that he stay on as an advisor . Mr . Foley
stated it was a pleasure working on the project and serving with some
people he hadn' t previously had the opportunity to work with. He read a
letter from his committee recommending the renewal of a 10 year contract
and the refusal of a $20,000 grant . The Committee , he stated, felt it
was a loan not a grant and would be a pass on charge to the subscribers .
Chairman Machiros advised that the contract has been reviewed by Attorney
Stein during negotiations . It was moved by Selectman Adams and seconded
by Selectman Tevald to accept the Committee ' s recommendations . The
contract was signed and accepted by Continental Cable Representative ,
Roberta Fusari .
A dog hearing was set for October 22nd at 8 : 00 p.m. Complaintant ,
Bruce Saunders . Dog, a German. Shepherd named Sasha owned by Olcey Moore
of Greentree Lane .
Selectmen' s Meeting (cont ' d) October 8 , 1996
A request from the Newbury Library to close Lunt Street to vehicular
traffic on Wednesday, October 3.Oth from 4-4 : 30 p .m. for a "horribles
parade" from the Byfield School to the Library was approved. Chief Merry
adv ised he had been in contact with Marsha Erkson, Children' s Librarian,
and understood that the library staff would contact the residents of
Lunt Street to advise them of the closing. Chief Merry also advised the
Board that "trick or treating" had been scheduled for October 31st from
6-8 p .m.
A joint letter from Steve Framm, Newburyport Director of Public
Health and Carol Larocque , ACO was read asking for a vote of support to
research the possibility of a regional kennel facility. The Board
approved the concept and agreed to pursue the possibilities . They asked
Carol to keep them informed.
A notice was read announcing the implementation of E911 service
on November 20th.
The following warrants were signed by the Selectmen:
September 24, 1996 W12 $ 59 , 742 . 16
PW12 25 ,233 . 75
October 1 , 1996 W13 342 , 199 . 66
PW13 35 , 107 . 59
There being no other new or old business the meeting was declared
adjourned at 8 : 00 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
October 22 , 1996
Chairman Machiros opened the meeting at 7 :45 p.m. Selectmen Joseph S.
Tevald and Alan I Adams were present .
Chairman Machiros announced that a "state of emergency" had been
declared in Newbury at 12 : 55 p .m. 10/21/96 . All resources and funds have
been exhausted, he stated. We want to thank the Police , Fire and Highway
Departments for a tremendous effort assisting our residents . Assessment
of damages is being compiled and will be sent to the state by Thursday
in hopes of some reimbursement from the .State and Federal government .
Special thanks also to the Council on Aging staff for their response to
senior citizens in need of aid. For the records , he stated, damage estimate
to date have exceeded $500,000.
A dog hearing was set for November 12th at 8p.m. Complaintant ,
Sally Howard. Dog , Tucker owned by John Isgur of 151 Main St . , Byfield.
A request from Triton Youth Hockey Assoc . for a one day special
Selectmen ' s Meeting (cont ' d) October 22 , 1996
permit for the sale of alcoholic beverages at their Annual Dance at the
Newbury Fire Memorial Hall was approved.
The warrants for the November 5th election were reviewed and signed
by the Selectmen and will be posted later this week by the Constable .
A one day special permit for the sale of alcoholic beverages was
approved for Ould Newbury Golf Club for Saturday, 10/26 5pm to 12 midnight .
At 7 : 55 p .m. a five minute recess was called as moved by Selectman
Adams and seconded by Selectman Tevald.
At 8 : 00 p.m. the meeting was reopened and the legal notice for the
Saunders/Moore dog hearing was read. Present and sworn to tell the truth
were Olcey Moore , Bruce Saunders and Carol Larocque ACO. Complaintant
Bruce Saunders testified that during the latest of many incidents , Mrs .
Moore ' s dog, Sasha got loose from the Moore ' s yard, knocked my son off his
bike and tore his clothes . Mr . Saunders stated he was able to catch up
with Sasha and tie him on his lead in the yard without any problem because
Sasha is very friendly and docile with adults . Approximately a year and
a half ago, he continued, Mrs . Moore had agreed to restrain Sasha when the
children in the neighborhood were out playing and it seemed to be working .
However , in the past six months , the dog has been loose. when the children
are out and he nips and bites them. Mr. Saunders stated most times when
the dog has been loose Mrs . Moore has not been at home . Mrs . Moore testi-
fied that it was as Mr'. Saunders stated. Sasha does not get along with
children. She stated she also has an Afghan that can open doors and the
dogs get out without her knowledge . At the time of the latest incident
she stated, she was out of state so has no first hand knowledge of how
Sasha got loose . Her son and visiting friends are not always careful about
letting the dogs out . Mr . Saunders stated he had spoken with Mrs . Moore ' s
son on previous occassions when the dog was loose and the son stated he
could not get Sasha to come in for him. Selectman Tevald commented that
if the Afghan was opening doors , they should secure them by some device
that would prevent the dogs from getting loose . The ACO was asked for her
recommendation. Carol stated the dog is very friendly to adults but for
some unknown reason dislikes children. She advised that Mr. Saunders and
Mrs . Moore had agreed prior to the hearing that subject to the Board' s
approval Sasha might be allowed out after 9 : 30 p.m. to run, as long as
he was restricted during the day when the children are outside . The hearing
was closed and the matter taken under advisement . The hearing was reopened
and Chairman Machiros stated that after hearing the testimony of both
parties it was the unanimous (,ecision (:)f the Board as moved by Selectman
Adams and seconded by Selectman Tevald to order Sasha placed under full
restraint for a period, of six months with a review by the ACO at that time .
Anything other than a full restraint order would not be worth the chance
that a child could be bitten. Mrs . Moore was advised that she could appeal
the decision to District Court in Newburyport within ten days . The
hearing was closed at 8 : 20 p.m.
Selectmen' s Meeting (cont ' d) October 22 , 1996
The following warrants were signed by the Selectmen:
October 8, 1996 W14 $46 , 549 . 03
PW14 27 , 792 . 42
October 15 , 1996 W15 98 ,8148 . 34
PW15 24, 752 . 24
There being no other new or old business the meeting was adjourned
at 8 : 22 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
November 12 , 1996
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:
October 22 , 1996 W16 $395 , 674. 43
PW16 25 ,225 . 87
October 29 , 1996 W17 183 ,084. 21
PW17 29 ,357 . 61
November 5 , 1996 W18 30 , 197 . 00
PW18 25 ,290. 22
The resignation of F. Ryeburn Lynch from the Council on Aging was
accepted with deep regret . In recognition of his dedication over the
past 14 years , the Board voted to appoint Mr . Lynch as an "honorary member"
of the Council on Aging .
Gas permits to open and excavate Birch Lane (1300 ' ) , #15 Maple
Terrace (302 ' ) , #7 Hay St . (320' ) , #25 Rolfe ' s Lane (290' ) and Elm Street
at Governor Dummer (440 ' ) were tenatively approved subject to Tim Leonard
meeting with a Gas Co. representative to ascertain the specifics of each
project and the guaranteed restoration of the roads at the conclusion of
said projects .
A request for use of Byfield Town Hall by the Library on November 13th
at 6p .m. for a "teddy bear clinic" was approved.
A one day special permit for the sale of alcoholic beverages for
Protection Fire Co. #2 on November 22nd 7-11 p.m. was approved. The fee
was waived.
A hearing on the tax levy was tenatively scheduled for Tuesday, 11/19 ,
at 7p .m. in the Assessors Office .
At 7 : 55 p .m. a five minute recess was called. The meeting was
reconvened at 8p.m. Chairman Machiros read the legal notice for the
Selectmen' s Meeting (cont ' d) November 12 , 1996
Howard/Isgur dog hearing . Present and sworn to tell the truth were
John & Marianne Isgur , Bill Rizzo , and ACO Carol Larocque . Sally Howard,
complaintant was not present . The ACO stated she had two complaints
in the past year , one from Ms . Howard and one from Mrs . Noyes about
Tucker bveing agressive towards passing persons and other dogs . Mrs .
Isgur stated, "Tucker has never bitten anyone" . I understand from Mrs .
Noyes that Tucker charged her dog in defense of his property but no bite
was inflicted. Mr. Isgur commented that Tucker is larger than most dogs
in the neighborhood and can look intimidating . Mrs . Isgur said her
concern was that Ms . Howard did not try to contact them to report this
incident . She questioned the circumstances of the alleged attack.
Chairman Machiros asked what she would have said if Ms . Howard had
called. Mrs . Isgur replied "I would have questioned the circumstances" .
Chairman Machiros asked "would you pay expenses incurred if presented"?
Mrs . Isgur replied "if the expenses were reasonable and I knew tucker was
the cause I would pay" . I 'm surprised, she said, no one saw or heard
anything during this alleged incident . It was a beautiful weekend and I
know we were home and working on the outside of the house . Mrs . Isgur also
stated they try to insure. that Tucker is inside when they know Mrs . Noyes
will be walking her dog to prevent any confrontations between the dogs .
Chairman Machiros asked the ACO if she had any reports since the first one
with Mrs . Noyes and the ACO replied no , none reported. Mr. Bill Rizzo,
152 Main St . , testified his first response when he heard about the complaint
was it must be the wrong dog . He stated he had lived at 152 Main two
years and owned a Golden Retriever and had never seen any indication that
Tucker could be a problem. The dogs chum together and his Golden has been
aggressive playing with Tucker , but he had never even heard Tucker growl .
Aggressiveness is hard to believe of him Mr . Rizzo said. Tucker will come
down the drive and bark at strangers and other dogs but stops on his
property. Mrs . Isgur submitted four letters to the Board from neighbors
supporting the Isgurs and Tucker . Chairman Machiros advised that while
these letters could not be read they would be entered into the hearing
records . Selectman Adams asked what breed Tucker was and Mr . Isgur
replied, "Husky Black Lab X" . Chairman Machiros stated, "you seem like
responsible animal owners. " "We will take a five minute recess to allow
you to talk with the ACO and see if an amiable resolve can be reached" .
At 8 : 25 p.m. the hearing was reconvened and ACO Carol Larocque advised that
a resolve had been reached. On their own initiative the Isgurs had
agreed they would keep Tucker in house or on a run when they were not
at home . He would be allowed to run when they were home and able to
supervise his actions . The hearing was closed and the matter taken under
advisement. The hearing was reopened and the Selectmen voted unanimously
to accept the resolve reached between the Isgurs and the ACO. The hearing
was closed at 8 : 30 p .m..
Chairman Machiros advised that a public hearing was to be held at
the Town Hall on Wednesday, 11/13 at 7 p.m. by Mass Highway to discuss
the replacement of the Larkin Road Bridge .
Selectmen' s Meeting (cont ' d) November 12 , 1996
The meeting was adjourned at 8 :40 p .m.
Respectfully submitted, S
Kathleen Sirois , Secretary
1
SELECTMEN' S MEETING
November 26 , 1996
The meeting was opened by Selectman Joseph S. Tevald at 7 : 50 p.m.
Selectman Alan I . Adams was present .
The following warrants were signed by the Selectmen:
November 12 , 1996 W19 $61 ,486 . 66
PW19 24, 687 . 88
November 19 , 1996 W20 389 , 622 . 56
PW20 35 ,945 . 51
In accordance with Chapter 369 , Acts of 1982 , Section 1 , the public
hearing on the determination of the percentage of tax levy to be borne by
each class of real property was declared open at 8 : 00 p.m. as moved by
Selectman Adams and seconded by Selectman Tevald. worthen Taylor Jr . ,
Chair of the Board of Assessors , advised this was only a classification
hearing, no rate could be set , as approval from DOR in Boston had not been
received. He advised the Board of Assessors were again recommending a
single tier tax rate , as 93 . 93% of all real property was classified as
residential . the remaining 6 . 07 be,ieng Commercial , Industrial and Personal
Property. The hearing was opened to questions from the floor . Dick
Cunningham asked Mr . Taylor if he knew what the tax rate would be . Mr .
Taylor replied, "no, but I expect only a very small percentage change" .
There being no other questions , the hearing was closed and the matter taken
under advisement . The hearing was reopened and Selectman Adams moved to
accept the recommendation of the Board of Assessors of a single tax rate
for all classes of property, seconded by Selectman Tevald. The Bearing
was closed at 9: 08 p .m.
On the recommendation of the Board of Trustees of the Newbury Library,
Sally Howard of 18 River St . was appointed to serve on the Library
Building Committee to fill the vacancy created by the resignation of
Alice Barron, as moved by Selectman Adams and seconded by Selectman Tevald.
A letter from Cub Scout Pack 44 was read concerning the possibility
of having a small one-ring circus in town next summer as a fund raiser for
the Cub Scouts . Site are being investigated and the committee asked if
this would be a viable project and what permits etc . would be needed.
Selectmen' s Meeting (cont ' d) November 26 , 1996
Helena Blackwood and Kate Bernashski were in attendance to represent the
committee . Selectman Tevald asked how many shows were anticipated. Mrs .
Blackwood stated one possibly two days with a matinee and an early evening
performance . Selectman, Tevald advised the first step would be to decide
on and secure a location. Parking, insurance and toilet facilities would be
prime concerns . Permists could than be pursued and as a non-profit
organization fees could possibly be waived. The Plum Island Airport was
mentioned as a possible site , he said. Past circus performances held there
were on the Newburyport section of the airport and if this site is chosed,
the committee will haveito go to Newburyport for permits etc . Selectman
Tevald commented "It sounds like a great idea . We will be glad to help if
we can as your go along . Please keep us advised of your progress . "
A public hearing was set for Tuesday, December 10 at 8p.m. for the
transfer of the liquor license held by Gloria Merola d/b/a Beachcomber to
David Williamson. This hearing subject to the legal notice being printed
in the Saturady, November 30th Daily News .
Christmas on the Green will be held on Sunday, December 8th at
3 : 45 p .m.
There being no other new or old business , the meeting was adjourned
at 8 : 25 p .m.
Respectfully submitted,
Kathleen Sirois , . Secretary
SELECTMEN' S MEETING
December 10 , 1996
Chairman Machiros opened the meeting at 7 : 55 p.m. Selectmen Joseph A.
Tevald and Alan I . Adams were present .
The following warrants were signed by the Selectmen :
November 26 , 1996 W21 $ 84, 556 . 44
PW21 29 , 879 . 91
December 3 , 1996 W22 406 ,406 . 32
PW22 41 ,330 . 70
At 8 : 00 p .m. Chairman Machiros read the legal notice for the public
hearing on the transfer of the liquor license from Gloria Merola d/b/a
Beachcomber to David Williamson. Chairman Machiros asked if anyone wished
to speak for or against thetransfer . No one spoke in opposition. Mrs .
Mary Williamson, representing her husband, David, spoke for the transfer .
She advised that they had a P&S in effect on the property contingent on
the approval of licenses and permits . Their plans were to close the
restaurant after purchase and make necessary repairs and renovations to the
kitchen and bathroom facilities during the months of January and February.
Selectmen.' s Meeting (cont ' d) December 10 , 1996
When renovations are completed a full service restaurant will be offered.
Chairman Machiros asked if they were aware that the present restrictions
on entertainment would remain in effect and she stated they did. Chairman
Machiros asked Charlie Powers if he had any problems with this transfer . Mr .
Powers stated he did not . He had reviewed the preliminary plans for the
renovations and they appear to be quite an improvement over what is
currently in place . The hearing was closed and the matter taken under
advisement . The hearing was reopened and Selectman Adams moved to grant
the transfer subject to ,ABCC APPROVAL, seconded by Selectman Tevald and
voted unanimously by Chairman Machiros .
The resignation of Patsy Brown from the Trustees of the Library was
taken under advisement until such time as a replacement is found. Chairman
Machiros expressed the Boards deep appreciation for her service to the Town
over the past ten years ..
The following licenses were reviewed and renewed as moved by Selectman
Adams and seconded by Selectman Tevald:
Installers : Currier Septic & Drain Service , Paul Wilkinson, Manter Co.
Inc . , W. Harrison & Sons Inc . , Keith P. Walton Company, Allen R. Rogers ,
Haynes & Sons , H.A. Richard & Sons Inc . , Kevin Greaney Materials & Trucking ,
Pearson Landscaping Inc . , Francis J . Fournier , Edward J . Tramblay, Michael
Noone .
Used Car Class II : Special Interest Autos of Newbury, AEL Trailer Sales ,
and US #1 Auto/Marine
Retail Foods & Milk: Newbury Butchery
Common Victualler, Gifts , Milk, Sunday and Parking : Porgy' s Second
Edition Cafe , The Plum Inc . , Atty May' s Cafe
Gifts etc . : Poor Richard' s Barn, Birds ' s Nest
Fuel Oil Storage/Delivery: Checkoway Oil Co .
Towing : Volpone Towing
General Business : Wilco Marine Restorations , Fernald' s Marine , Rainbow
Carpet Cleaning
Automotive Repairs : Walton' s Auto Lab, Steve ' s Service
Parking Lot : Williamson Parking LOt U2-111 and U2-195
Dog Grooming : Karens Dog Grooming of PI
Beauty Shop: Longfellow Hill Beauty Salon, Colonial Coiffures , Marcy
Kearns Beauty Shop, Cheryl ' s Island Clip
The meeting was adjourned at 8 : 10 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
January 14, 1997
Selectman Joseph S . Tevald opened the meeting at 7 :40 p.m. Selectman
Alan I . Adams was present .
The following warrants were signed by the Selectmen:
December. 10, 1996 W23 $ 69 , 136 . 72
PW23 22 , 860 . 74
December 17 , 1996 W24 369 , 599 . 09
PW24 26 ,062 . 20
December 24, 1996 W25 22 , 685 . 27
PW25 25 , 603 . 62
December 31 , 1996 W26 15 ,824. 41
PW26 24, 293 . 77
January 7 , 1997 W27 59 ,299 . 10
PW27 26 ,459 . 92
A petition from the residents of Greentree Lane , Longbrook Rd. and
Coleman Road was read proposing the installation of a sidewalk along Coleman
Rd. Carol Ferrari spoke for the petitioners , citing a study of present and
potential students walking to Triton and the dangers of the road. Selectman
Tevald advised that the issues would be looked into and discussed during the
spring study of road conditions and traffic . However , he stated, this is a
rural area and sidewalks may not be the most feasible solution for many
reasons , historic , maintenance , drainage , state regs etc . Selectman Adams
suggested that Police and Highway Departments be asked to survey the area
of concern and make recommendations to the Board. It was moved and
seconded to take the matter under advisement for review in the spring. Mrs .
Ferrari was thanked for the work she had done compiling the information
for the petition.
A petition from the Fordham Way residents requesting their road be
posted one-way year round was presented by Paul Ivaska. Selectman Tevald
noted this was the third petition on this subject that had been addressed
by the Board. He advised the Board would review the area one more time
with the Police Dept . and Board of Fire Engineers and whatever determination
was made would be a final decision. A stop sign where Fordham Way meets
• Sunset Blvd. was also suggested for safety reasons and will be directed to
the Highway Dept .
Clamming regulations for the 97/98 season were accepted as submitted
subject to review by Chairman Machrios . Selectman Adams abstained from
the vote .
A request for use of the Upper Green ballfield on Monday and Wednesday
evenings April thru August 97 was approved for Mr . Moe ' s Softball Team.
A request for use of the Upper Green ballfield on Tuesday and Thursday
evenings April thru September 97 was approved for the OLd Newbury Clammers
Softball Team.
Selectmen ' s Meeting (cont ' d) January 14 , 1997
New Installers Licenses were approved for Robert Abbott/Abbott
Construction of Newbury and William Linehan and Vernon Bell/Midway Land
Contractors Inc . of Haverhill on a motion by Selectman Tevald and seconded
by Selectman Adams .
A letter from sixth grader , Jesse Hochmuth requesting a sidewalk on
Central St . was read by Selectman Tevald and taken under advisement for
the spring review.
License renewals for 1997 were read and approved as moved by Selectman
Tevald and seconded by Selectman Adams .
February llth was tenatively set as the date for a Special Town Meeting
depending on the outcome of the public hearing being held on Wed. , Jan. 15th
by the Planning Board for Cottage Road residents . Dick Cunningham reainded
the Board that warrants for a Special Town Meeting must be posted at least
two weeks prior to the meeting .
There being no other new or old business before the Board, the meeting
was adjourned at 8 : 30 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
January 28, 1997
Chairman machiros opened the meeting at 8 : 40 p.m. Selectman Joseph S .
Tevald was present .
The following warrants were signed by the Selectmen:
January 14, 1997 W28 $ 53 ,696 . 92
PW28 30, 744. 60
January 21 , 1997 W29 436 ,352 . 74
PW29 26 , 810. 43
Chairman Machiros advised he would review the 97/98 clamming regulations
and as there are no changes from last year would approve them as presented.
A petition from the residents of Maple Terrace regarding parking
problems at dismissal time at the Newbury Elementary School was discussed.
Chief Merry presented a report with photographs showing that there was
indeed a problem during a 15 minute window every afternoon. He and the
Highway Superintendent agreed that the corners of Maple Terrace and the
corner of Walton Ave at Hanover St . should be posted "no parking" .. Chief
Merry stated he hoped by taking this area of parking away parents would not
resort to using Hanover St . which would be even more dangerous . Selectman
Tevald and School Board member Joan Weyburn agreed that this was a
Selectmen' s Meeting (cont ' d) January 28 , 1997
potentially dangerous area but hoped when the construction of the front area
of the school was completed most if not all of the problems would be
alleviated. Mrs . Weyburn thanked the residents of the area for their
patience during this long construction period. She agreed to speak with
Principal Heinz about sending home a notice with the students asking their
parents to obey the rules when making a drop off or pick up. She also noted
that the sccool had hired extra traffic control persons . It all seems to
come down the the fact that people are inconsiderate , she said. Chairman
Machiros remarked that this problem will not be resolved completely until
construction is finished but new signs will be posted and an officer
assigned to the area to insure that parents comply with them. Notices from
school should also help make the parents more aware , he said. We hope this
solution will alleviate some of the congestion at dismissal time .
Residents in attendance were thanked for their concern and understanding .
Licenses were reviewed and renewed for the following :
Susan Saunders d/b/a the Heart of Byfield, Henry C. Becker d/b/d Henry
C. Becker Custom Building Ltd. , MaTTHEW Kozazcki d/b/a Tendercrop Farms ,
Tresa Faino d/b/a Time Pieces , William Robitaille d/b/a Pheasant Meadow
Farm, Katherine & Robert Carleton d/b/a Parker River Enterprises , Louise
Henry d/b/a Changes Hair Designs .
A new Installers permit was approved for John Sullivan d/b/a J .
Sullivan Septic Service of Rowley.
A request for use of the Lower Green on 5/24 and 5/25 , use of the Town
Landing on 5/25 and permission to hand banners at the Upper Green and Central
St . , from Linda Guthrie , Co-Chair of the 97 Parker River Festival was
approved by the Board as moved by Selectman Tevald and seconded by Chairman
Machiros .
On the recommendation of the Library Board of Trustees , Jennifer Tymann
of 207 High Road was appointed to the Board of Trustees to fill the
unexpired term of Patsy Brown subject to Seelctman Adams approval .
A Public Hearing was set for February llth at 8p .m. on the application
for a liquor license transfer from Tracy Apothecary d/b/a Byfield General
Store to Andrea Altavilla of Peabody.
Chairman Machiros took a minute to thank the many citizens for their
cards , flowers , fruit baskets and well wishes . "I am lucky to be here and
am grateful to everyone for their support" , he said. He praised the nurses
and doctors of Anna Jaques Hospital for their quick response and care . I
hope it is my distiny to continue to serve this town to the best of my
ability, he said. Selectman Tevald said, "we are happy to have you back" ,
which was echoed by the . staff .
The meeting was adjourned at 8 : 10 p .m.
Respectully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
February 11 , 1997
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:
January 28 , 1997 W30 $61 ,035 . 52
PW30 28 ,430. 40
February 4, 1997 W31 35 , 748 . 08
PW31 26 ,561 . 88
A Class II Used Car Dealers License was approved for Alan Whitford
d/b/a Federal Auto Repair subject to an inspection of the premises by
Selectman Tevald. The license is limited to three cars , only one at any
one time to be displayed.:
In support of the Red Cross , the month of March was proclaimed as
"American Red Cross Month" on a motion by Selectman Adams , seconded by
Selectman Tevald.
A request from Linda Guthrie of Elm St . , Byfield for use of Byfield
Town Hall one hour a week for a group of approximately 12 five and six year
old home schoolers for a singing and story telling program with Melanie
Bennett was taken under advisement to enable the Board to check on the
town' s liability insurance for the building
Licenses were reviewed and renewed for Angie ' s Service Station, AGJ
Woodcrafting and Woodworking, Plumer Woodworking& Glass Co. , Up-Country
Collectibles , Pert Lowell Co. Inc . and Buddy' s Books .
The appointment of ',Jennifer Tymanna to the Library Board of Trustees
approved at the meeting of January was made unanimous by Selectman Adams .
Jeff Roig and Bob Aponas of Middlesex Corp. (general contractors
for the RR line from Ipswich to Newburyport) addressed the Board concerning
traffic control measures needed for the construction of the RR crossings
at Hay St . , Boston Rd. and Hanover St . The anticipated start of this
project is approx. 30 days . Mr . Roig advised they. had met with Chief
Merry regarding detours , road closures , and duty officers . The roads
would be closed furing daylight hours only for approx. 374 days at each
location. Boston Rd. and Hanover St . crossings are scheduled for this
year and Hay St . crossing may not be installed until next year he said.
Chairman Machiros advised he would like the affected residents to get
proper notification prior to the start of the project and to this end
wouwld like an informal hearing held for abutters of these three roadways .
He also asked that Chief Merry be kept updated on all work as he will be
liaison between Middlesex Corp and the Board.
A five minute recess was called at 7 : 55 p .m. The meeting was
reopened at 8p.m. as moved by Selectman Adams and seconded. by Selectman
Selectmen' s Meeting (cont ' d) February 11 , 1997
Tevald. The notice for the Public Hearing on the application to transfer
the Wine & Malt Package Store license held by John Tracy/Byfield General
Store to Andreq Altavilla was read by Chairman Machiros . Appearing against
the transfer-no one . Appearing in favor-Mr. & Mrs . Altavilla and
John Tracy. Mrs . Altavilla stated she and her husband planned to manage
and run the convenience/package store at Pearson Plaza . 'The same hours
would be maintained and no changes are anticipated. Chief Merry was asked
if he had any objections and he replied, "no, none" . Selectman Adams
moved that the hearing be closed and the matter be taken under advisement .
The hearing was repopened and the license transfer granted subject to
approval by the ABCC.
Selectman Adams advised the Board he had received a call from
Shellfish Constable Verine Noyes notifying them that the State had mandated
the Town take over closures of the shellfish beds and monitoring rainfall .
Chief Merry said he would obtain a price for a rain gauge that could be
installed on their weather station. Verne will also get a price for a
free standing gauge . The gauge must be installed at a 24 hour supervised
location so the Police Station is it , he said. Selectman Adams noted that
this mandate if effective almost immediately. Chief Merry agreed it would
behoove the Town to act quickly as the shellfish industry is very important
to the Town. It was moved and seconded to obtain a rain gauge and
install it immediately 'so that monitoring can begin.
The meeting was adjourned at 8 : 15 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
February 25 , 1997
Chairman Machiros opened the meeting at 7 : 45 p.m. Selectmen Joseph S.
Tevald and Alan I . Adams were present .
The warrant for a Special Town Meeting to be held on March llth at
7 : 30 p .m. at the Newbury Elementary School was reviewed, signed and given
to Constable Dick Cunningham to be posted. The warrant contains two
articles , one zoning and one money transfer.
Chairman Machiros thanked Planning Board Chair Bruce Saunders , who was
in attendance , for the time and effort he and his Board put into this new
zoning by-law change proposed for the Cottage Road area .
A one day special permit for the sale of alcoholic beverages was granted
to .Protection Fire Co. #1 for their Annual Firemans Ball to be held
Saturday, March 8th at GDA from 5 : 30 p .m. to 1 a .m. The fee was waived.
Selectmen' s Meeting (cont ' d) February 25 , 1997
License renewals were approved for Byfield Flower Shoppe , Upton Farms .
and Byfield General Store .
On the recommendation of Chief Merry the appointments fo David
Thistlewood and Richard Fournier as Reserve Officers were approved on a
motion by Selectman Adams , seconded by Selectman Tevald. Appointments
subject to passing of medical exam and physical abilities test .
Residents may register to vote at the Special Town Meeting until the
close of business on Monday, March 3rd.
Petition articles for the Annual Town Meeting warrant will be accepted
thru March llth.
The warrant for the ATM will be closed Tuesday, March 25th.
New or old business - Chairman Machiros recognized Worthen Taylor Jr .
who stated as a Cottage Road landowner he wished to publicly thank the
Planning Board for all the work done on the zoning for that area .
The following warrants were signed by the Selectmen:
February 11 , 1997 W32 $373 ,266 . 15
PW32 32 , 153 . 81
February 18, 1997 W33 110,472 . 18
PW33 29 , 697 . 07
The meeting was adjourned at 8 : 00 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
March 11 , 1997
Chairman Machiros opened the meeting at 8 : 15 p.m. Selectmen Joseph S .
Tevald and Alan I . Adams were present .
A check from Continental Cablevision representing the annual
franchise fee of $1 ,041 was accepted by the Board on behald of the Town.
A request for use of the Upper Green by Girl Scout Troop 200 on
Saturday, April 12th from 9 : 30 a .m. to 1p .m. (raindate April 19) was
approved.
A rabies clinic will be held on Wednesday, March 19 from 4-6 p.m. at
the Newbury Fire Station Cost of vaccination will be $7 per animal . Dog
licenses are due April 1st .
Selectmen' s Meeting (con't ' d) March 25 , 1997
signs will be placed. Proposals were suggested . to make Green St . from
Parker to Hanover one-way going south, expend work hours to decrease total
length of job, block Green St . between Parker & Hanover so as to stop
thru traffic , move stop sign to intersection of lA and Parker St . , and
ask the State to consider a right turn access off Rte . lA High Rd. onto
Hanover St . Tim McLaughlin of SPS advised work hours if extended would
be 7a .m. to 6p.m. and either a half or full day on Saturdays . This
would save approx. 3-4 weeks on the total job. The initial work will be
utility construction prior to removal of the bridge . Jaime Jackson, Project
Manager of MBTA, advised work on the Boston Rd. RR crossing should be
scheduled for late April'/early May and the road will be closed approx. one
week. MBTA would like to get in and out of the Hay St . area before the
detours for the Hanover 'St . bridge are put in place . Jeff Roig of
Middlesex Corp. stated that preliminary work for Hay St . should be complete
in May. Middlesex and SPS will keep in touch to coordinate time frames
and they will coordinate with the Town to keep traffic flow in place . Any
suggestions for sign changes or additions whould be submitted to Highway
Super Tim Leonard or Chief Merry. The hearing was closed at 8 : 30 p.m.
An invitation from NE Regional IFobacco Education Collaborative for
the Town to join their group was taken under advisement . Krystine Blanken-
ship their Program Director was unable to stary thru the Hanovewr St .
hearing due to a prior committment .
The Board advised that a "leash law committee" had been appointed to
investigate that possibility for next years ATM. The committee will work witl
the ACO. Appointed to the committee were Denise Spaulding, Nancy Roy,
Barbara Benjamin, Janice Holt , Margaret Russell , Grace Daly, Jayne Peng and
Nancy Kelty.
The Selectmen in their capacity as Board of Health in order to protect
the health and welfare of the community in accordance with MGL Ch. 111 ,
section 31 , adopt this date the following regulation 97-1 (otherwise known
as the "pooper scooper regulation") : -All persons owning or in custody of
an animal on public recreation areas , a town beach, town playground, town
parks , tpwn greens or schoolyards will be responsible for the removal and
disposal of that animal ' s waste which may not be placed in any receptacle
owned by the town or in privately owned receptacles other than the owners .
The fine for violation of this regulation shall be as follows :
lst Offense $15
2nd Offense $25
3rd & subsequent $50
By order of the Newbury, Board of Health on March 25 , 1997 . Chairman Machiros
advised that this regulation will be advertised in the Newburyport Daily.
News and forwarded to Boston. The Board will also investigate the
possible appointments of Police and Lifeguards as agents to aid in the
enforcement of this regulation.
Dick Cunningham informed the Board that the Grange would hold the.
Mock Town Meeting on April loth at Byfield Town Hall at 7 : 30 p.m. subject
to the warrant being ready.
Selectmen' s Meeting (cont d) March 11 , 1997
The month of April was delcared "Rabies Awareness Month in Mass"
by Governor William F. Weld, and adopted by the Board.
A one day special permit for the sale of alcoholic beverages was
approved for Anna Jaques Hospital Aid Assoc . for their Great Chef ' s
Night at GDA on Friday, April llth from 6p.m. to 12 midnight . The
nominal permit fee of $25 will be charged.
On the recommendation of Don Rowell Harbormaster, Stephen A. Chaisson
was appointed ASst . Harbormaster and Special Police for waterways and
surrounding shores for a probationary period thru 6/30/97 , moved by
Selectman Adams and seconded by Selectman Tevald.
A request from SPNEA. for permission to hang a banner on the back-
stop of the Upper Green !ballfield from 3/28 to 4/27 to promote a Draft
Horse Plow Match on April 26th at the Spencer Peirce Little Farm was
approved for a maximum period of 10 days prior to the event .
A petition was submitted to the Board by Nancy Kelty of Annapolis Way
requesting the Board immediately investigate the problem of loose dogs
and their contamination of Plum Island. The petitioners expressed their
deisre to develop an enforceable leash law compatible with the one in place
on the Newburyport section of the Island. Ms . Kelty was thanked for her
concern and advised that the Board will be talking to the ACO regarding
these ongoing problems and will address their concerns .
The following warrants were signed by the Selectmen:
February 25 , 1997 W34 $37 ,825 . 51
PW34 30,842 . 94
March 4 , 1997 W35 35 , 163 . 42
PW35 25 ,476 . 25
The meeting was adjourned at 8 : 30 p.m
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
March 25 , 1997
Chairman Machiros opened the meeting at 7 :40 p.m. Selectmen Joseph S .
Tevald and Alan I . Adams were present .
An informational hearing on the Hanover St . Bridge was opened. The
Chief advised that work will start approximately April lst . The road will
not be closed until the old bridge comes out sometime in June . He
discussed the signage which will be in place and showed a chart of where
I
Selectmen' s Meeting (cont ' d) March 25 , 1997
A request from the PI Mothers Club for use of the Upper Green for a
flea market and crafts fair on Saturday, July 26 (raindate July 27) was
approved.
A request from Viking Gradventure for use of the Upper Green for a
flea market and crafts 'fair on Saturday, May 17, (raindate May 18) was
approved.
A license for design, crafting and sale of furniture and wood articles
was renewed for Paul Bradford d/b/a Renaissance Woodworks .
The Board voted not to exercise their option to purchase land taxes
under Chapter 61 owned by Jean Wilson (285 Middle Road) Assessors Map
R14-11 as moved by Selectman Adams and seconded by Selectman Tevald.
Charles Eicher was appointed to the 8-Towns and the Bay Committee as
moved by Selectmen Adams and seconded by Selectman Tevald.
A petition was approved for N. E. T. &T. for permission to maintain
underground service (1457 feet buried cable and 8 pedestals) on Scotland
Heights Dr . , Plan #347 ,, dated 3/20/97 .
The following warrants were signed by the Selectmen:
March 11 , 1997 W36 $379 ,382 . 71
PW36 26 ,882 . 90
March 18 , 1997 W37 25 , 544. 88
PW37 24, 583 . 11
The meeting was adjourned at 9 : 00 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
April 8 , 1997
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:
March 25, 1997 W38 $ 37 ,284. 29
PW38 26 ,981 . 11
April 1 , 1997 W39 174, 722 . 57
PW39 24,937 . 40
The Board appointed Geoffrey Walker of High Road to the 8-Towns
and the Bay Committee to work with Charles Eicher as moved by Selectman
Adams and seconded by Selectman Tevald.
Selectmen' s Meeting (cont ' d) April 8 , 1997
Tim O' Leary of Middlesex Corp (RR crossing contractor) spoke briefly
on the traffic control plans and signage finalized with Chief Merry and
Tim Leonard for the (3) railroad crossings . Boston Rd. will be done
prior to the closing of Hanover St . Hanover St . will be done when the
bridge is closed and Hay St . is planned for the fall when the Hanover St .
Bridge is reopened. No work is scheduled for Saturdays . Approximately
three days work is anticipated at each site . The traffic management
plan was accepted by the Selectmen as moved by Selectman Adams and
seconded by Selectman Tevald.
An application to transfer the liquor license held by Gloria Merola
d/b/a Beachcomber to May Sarantos d/b/a Atty May ' s Beachcomber at
23 Plum Island Blvd. was submitted and a hearing date set for 8p.m. on
May 6th.
Four permits from Essex County Gas Co . were taken under advisement
until Tim Leonard can meet with their representative to discuss follow-up
repairs to sections of Main St . , Birch Lane and other excavated areas
throughout town.
A letter of retainer for Garrity and Knisely to represent the Town
in the case of Ocean Steel vs . TLT construction vs . the Town of Newbury
was approved by the Selectmen.
A request for use of the Lower Green by Triton (U-14) girls soccer
team for practices Tuesdays and Thursdays from 5 : 30 to 7p.m. was approved.
The warrant for the Annual Town Meeting to be held on April 22 , 1997
was reviewed and signed by the Selectmen and will be posted by Constable
Dick Cunningham.
Selectmen' s Meetings in May will be held on the 6th and the 27 . The
Annual Town Election will be May 13 , 1997 .
The meeting was adjourned at 8 : 05 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
May 6 , 1997
Chairman Machiros opened the meeting at 7 : 40 p.m.. Selectmen Joseph S .
Tevald and Alan I . Adams were present .
The minutes of the April 8th meeting were read and accepted. A five
minute recess was called in order to start the first liquor license hearing
at 7 :45 p .m.
I 1
Selectmen ' s Meeting (cont d) May 6 , 1997
At 7 : 45 p.m. the legal notice for a hearing on the application of
Island Steamers for a seasonal wine and malt beverage license was read. A
certified abutters list , return receipts and a tear sheet of the legal notice
were submitted to the Board. Attorney Doug Bollik wpoke for the owners ,
Edward Frady and Linda Gillard and Stephen Spingel . He stated the restaurant
was a family business starting into its thrid season. The restaurant
has an established track record and runs .a clean operation. The beer and
wine license is requested to satisfy customer requests and to enhance
business . The operation does not lend itself to becoming a "watering hole" .
The primary focus is on good food. The hours of operation will remain Sunday
thru Thursday lla.m. to 9p.m. and lla .m. to 10p.m. on Friday and Saturday.
The plan is to screen in theoutside deck in order to monitor dringing and to
control access . Appearing against the application - no one . There were no
abutters in attendance . Appearing in favor - Linda Gillard, Ed Frady and
Mr. Capidilupo of Northern. Blvd. the hearing was closed and the matter
taken under advisement . The hearing was reopened and the license was
granted contingent on enclosure of the deck and approval of the ABCC, as
moved by Selectman Adams , seconded by Selectman Tevald and voted unanimously.
. At 8p.m. the legal notice was read for a hearing on the application for
transfer of the liquor license held by Gloria Merola d/b/a Beachcomber to
May Sarantos d/b/a Atty May' s Beachcomber . Mrs . Sarantos stated that if
this transfer is approved she would purchase the Beachcomber restaurant .
The Beachcomber will become an extension of Atty May' s . She stated she
would like to fix up the place (both kitchen and bathrooms need to be
renovated) and then offer good good and bring back the good reputation it
once had as a family restaurant . She said she had good cooks lined up
and will keep a couple of waitresses from the old Beachcomber . She
hoped to have the restaurant operational by early fall if the transaction goes
smoothly. Chairman Machiros noted the past problems and advised that
no entertainment is currently allowed. However , he stated, the Board
would be glad to look at that issue again when there is an established track
record. He suggested also that Mrs . Sarantos work closely with the
neighbors . Selectman Adams said he remembered when the Beachcomber was a
good family restaurant with excellent food and then the emphasis. went from
good good to the bar . Selectman Tevald stated that Atty May' s present
location serves good good and has a good track record for cleanliness
and pride in product . Chief Merry noted there were a lot of unhappy citizens
with the past operation and if the neighbors aren' t happy, we ' ll hear about it
Appearing in favor - Mr . and Mrs . Sarantos . The hearing was closed and the
matter taken under advisement . The hearing was reopened and the license
transfer was granted subject to ABCC approval .
The Board advised that Rolfe ' s Lane would be closed to thru traffic
for repaving from May 12th thru May 16th.
The Board voted not to exercise their option to purchase land taxed
under Chapter 61A - lots17S and 8S Elm Street owned by David S . Caldwell
Corp. , Assessors Map R12-11 , as moved by Selectman Adams and seconded
by Selectman Tevald. No one in attendance wished to purchase this property
on behalf of the Town.
Selectmen' s Meeting (cont ' d) May 6 , 1997
Licenses were reveiwed and renewed for Bridge Road Signs and Mad
Martha ' s Cafe .
A new license was issued to Ja-Makin-Me-Tan at Pearson Plaza. this
is a permitted use at this location.
On the recommendation of the COA Board, Joan Canning of Olde Town Way
was appointed as a COA Board -Member .
On the recommendation of the Harbormaster , Bruce B. Poore of Orchard St .
was appointed as Assistant Harbormaster adn Special Police for Waterways
and the Surrounding Shores . This is' a six month probationary appointment
subject to passing a physical .
A permit from Essex County Gas Co. to open and excavate Elm St . and
Coleman Rd. for a new gas main was approved. subject to reveiw by Highway
Superintendent Tim Leonard.
A one day special permit for the sale of alcoholic beverages was
approved for Governor Dummer Academy for Saturday, June 14th from 12 noon
to 12 midnight .
A request for use of the Lower Green on Friday nights from 5 : 30 p.m.
to 7 p.m. for 6-8 year old baseball practice was approved.
A request for use of the Upper Green on Friday evenings from 5 : 30 p.m.
to dark starting June 27th for the Christian Community Softball League
was approved.
For the press , Chairman Machiros expressed the Boards appreciation
to the folks who work with the town children organizing the sports
programs . Realizing the need for ball fields in town he advised that a
committee will be established to try to locate new areas for ballfields
this winter .
At the request of the resident of Fordham Way and with the approval
of the Board of Fire Engineers and the Police Department , Fordham Way will
become on-way year round.
A request for use of Byfield Town Hall for Friends of the Library
theater presentation on May 7th was approved.
A request for use fo the Byfield Town Hall on May 24th & 25th by
Byfield Gospel Hall for their annual bible conference was approved.
The following warrants were signed by the Selectmen:
April 8 , 1997 W40 $ 49 ,035 . 97
PW40 25 , 779 . 98
W40A 100,000. 00
April 15 , 1997 W41 403 , 844. 58
PW41 29 , 109 . 57
Selectmen' s Meeting (cont ' d) May 6 , 1997
April 22 , 1997 W42 $55 ,260. 16
PW42 31,960. 43
April 29 , 1997 W43 42 ,938 . 21
PW43 26,870. 41
. .
The meeting was adjourned at 8 :45p.m.
Respectfully submitted,
Kathleen Siros , Secretary
SELECTMEN' S MEETING
May 27 , 1997
Chairman Machiros opened the meeting at 7 : 35 p.m. Selectmen Joseph S.
Tevald and Alan I . Adams were present .
Chairman Machiros congratulated Selectman Adams on his re-election.
Selectman Adams moved to reorganize the Board and moved that Angie Machiros
remain as Chair and Joe Tevald as Clerk. He noted that the Board has not
rotated positions in awhile but the members all work as a team and their
primary focus is to serve the people . Selectman Tevald seconded the motion
for Angie to remain as Chairman and Joe will remain as Clerk.
On the recommendation of Chief Merry the following persons were
appointed as lifeguards for the 1997 summer season: Fulltime - Sandra
Sarney, Erin O 'Leary, Neal Ernstrom, James Theodore , Sean Farmer, Peter
Saradjian, Kelly Ward and Kate Hughes ; parttime - Andrew. Bernier (moved by
Selectman Adams and seconded by Selectman Tevald. ) Chief Merry advised this .
was only a partial list as other candidates are completing their certif.ica
Lion. He said he expects to be at full force by the end of June .
CDL Construction Co.. Inc . ' s application for an "installers license
was approved for a single system only as requested in their letter. Chairman
Machiros advised they may reapply if their work is satisfactory.
A request for John Salter for use of the Byfield Town Hall on June 20
from 7-10 `p.m. was approved.
A request to have a block party on the cul de sac on Greentree Lane on
May 31st at 2p.m. was approved for 2p.m. to dusk. Activities after dusk
will be at Chief Merry' s discretion.
A request for use of the Upper Green by Newbury Elementary School for
"field days" on June 9 , 11 , 18 and. 19 was approved.
A brief discussion with Dick Cunningham regarding the granite mile
marker recently founc on Middle Road ensued. Dick, as a member of the
Historic Commission, reported that unofficially a site has been suggested
for replacement of the marker and it will remain in the area where it was
Selectmen' s Meeting (cont ' d) May 27 , 1997
found. Chairman Machi.ros advised that this decision will be .left in the
hands of the Historic Commission. ,
The following warrants were signed by the Selectmen:
May 6, 1997 W44 $ 38 , 635 . 03
PW44 23 , 632 . 33
May 13 , 1997 W45 386,368. 82
PW45 29 , 720. 88
`.. May 20, 1997 W46 217 ,949 . 10
PW46 27 ,630. 32
The meeting was adjourned at 8: 00 p.m.
Respectfully submitted,
Kathleen Sirois ; Secretary
SELECTMEN' S MEETING
June 10, 1997
Chairman Machiros opened the meeting at 7 : 50 p.m. Selectmen Joseph S .
Tevald and Alan I . Adams were present .
ABCC approval was received for the Wine & Beer license for Island
Steamers and the license will be released by the Board upon inspection of
the deck enclosure by the BOH and Chief Merry. The authorized hours os
sales will be lla.m. to 9 p .m. Sunday thru Thursday and 11a .m. to 10 p.m.
Friday and Saturday.
Selectman Adams advised that the Shellfish Officers have been asked
to make recommendations for the positions of Shellfish Constables and
Deputies . He also recommended ,that the additions proposed by the Harbor-,
master as per state code be incorporated into the Waterways Rules and
Regulations as moved and seconded by the Board.
The warrant for the Special Town Meeting on 6/24/97 was reviewed and
signed by the Selectman and will be posted by Constable Dick Cunningham.
On the recommendation of Chief Merry the following persons were
appointed as lifeguards for the 97. summer season: fulltime - Corey Bethune.
and Margaret Leahy and parttime - timothy Coyle and Zebrina Radke .
On the recommendation of Harbormaster Don Rowell the following persons
were reappointed to the Harbormasters force : Sergeant , Robert Bishop;
Lieutenant , Russell Stiles ; Assistants , Glenn Gavin, David Thistlewood,
Michael Nixon, Steven Chaisson and Andrew Avelis Jr. ; Deputy Harbormaster
Emeritus , Andrew Avelis Sr.
A new license for a beauty shop was approved for Kimberly Conley d/b/a
Selectmen' s Meeting (cont'd) June 10, 1997
a Newbury Settinq. Selectman Adams abstained from the vote .
A one day special permit for the sale of alcoholic beverages was
approved for Ould Newbury Golf_ Club for Saturday, June 14 from 3 p.m.
to 12 midnight.
The following warrants were signed by the Selectmen:
May 27 , 1997 W47 $ 51 ,801 . 91
PW47 30, O64 . 62
June 3 , 1997 W48 1 , 110, 849 . 01
PW48 37 , 561 . 33
The meeting was adlourned at 8 : 10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
June 24, 1997
Chairman Machiros opened the meeting at 7 :45 p.m. Selectmen
Joseph S. Tevald and Alan I . Adams were present.
On the recommendation of the Newbury Cultural Council , Elizabeth
Cox of Rolfe ' s Lane was appointed as a member.
Yearly appointments for Police and Town Officers were reviewed
and accepted as presented and are on file in the Selectmen' s Office . .
Police Chief Roger Merry and Deputy Chief .Andrew Avelis Jr. wer granted
ongoinq three year appointments as provided in Ch. 41 , s. 97, and that
no dismissal maybe implemented except for lust cause without a hearing
and subsequent unanimous vote of the Board of Selectmen. The Selectmen's
Secretary position was made a salary position and Secretary Kathleen
Sirois was granted an ongoinq three year appointment and that no
dismissal except for gust cause may be implemented without a hearing
and subsequent unanimous vote of the Board of Selectmen. All as moved
by Selectman Adams, seconded by Selectman Tevald and v-oted unanimously
by Chairman Machiros .
On the recommendation of Ed Suprin, Director of the Summer
Recreation Program, the staff for the 9-7 summer season will be:
Senior Counselors Shannon Rigsby, Bethany Tevald and Jessica
Weyburn
Junior Counselors Marion Christensen, Corey Morrison, Jennifer
Locke, Jocelyn Kiloski, Josh Marshall , David
Smart and Beth Roberge .
A request from Karen Kuhlthau and Andy Willemsen of South
Street to hold an anniversary party at Byfield Town Hall was denied
with regrets . As it is not a function hall , it is not covered by
liability insurance for non-town related social gatherings . Chair-
man Machiros suggested it might be a possible use to consider for
the Byfield School in the future.
i
Selectmen ' s Meeting (cont ' d) June 24, 1997
A permit . to install a new gas service at 23 Rolfe ' s Lane was approved
subject to Tim Leonard meeting with an Essex County Gas Co. representative
to insure that the new hot top will not be disturbed on Rolfe ' s Lane .
A dog hearing was set for July 8th at 7 :45 p.m.
Dick Cunningham questioned who ' s responsibility it was to pick up
dead deer ..on the roadways . The Board will discuss the matter with the
ACO.
The following warrants were signed by the Selectmen:
June 10, 1997 W49 $157 , 645 . 71
PW49 27 , 511 . 09
June 17 , 1997 W50 384, 635 . 31
PW50 28, 188. 44
The meeting was adjourned at 8 p.m. .
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
July 8 , 1997
Chairman Machiros opened the meeting at 7 :45 p.m. but delayed the dog
hearing until Selectman Tevald' s arrival . Selectman Adams was present .
Chairman. Machiros thanked Senator Bruce Tarr , who was in attendance , for
all the work he ' s done for Newbury especially in regards to Title V and .
the proposed water line for Plum Island. Senator Tarr advised that he would
be holding evening office hours once a month one hour before the Selectmens
meeting. Times will be advertised.
.At 7 : 50 p.m. , Selectman Tevald having arrived, the legal notice for the
dog hearing was read by Chairman Machiros . Present and sworn to tell the
truth during the hearing were Mr. & Mrs . James Marshall (20 Orchard St . ) ,
Natalie & Steve Bryant (16 Orchard St . ) , Patty Grimes & Julie Lundgren
(18 Orchard St . ) and ACO Carol Larocque . Carol was asked for a report . on
the indcidents preceeding the hearing which prompted the. restraint order
placed on the Marshall ' s dog Wolf . Carol advised that on 6/15 she received
a call that Wolf had attached Lundgren' s dog Dillon again-the first attack
having been a little over a year ago . Wolf does not seem to like other dogs
she stated, but he was not aggressive toward me when I approached the house .
Wolf is a German Shepherd about 52 hears old. Ms . Lundgren agreed it had
been about one year between attacks and. the Marshalls had paid the vet bill
after the first attack. Ms . Lundgren stated she felt Wolf was very aggress-
ive . He rushes toward the street from his house barking and scares people .
Selectmen' s Meeting (cont ' d) July 8, 1997
.After the 1st incident Wolf was restrained for awhile but as soon as he is
loose he goes after Dillon who is old and we are afraid will not survive
another attack. Steve Bryant corroborated Wolf ' s agressive behavior .
Although he has not been loose much. this past year, when he is loose he
deficates in the neighbors yards and has chased my wife and child off the
driveway, he said. He expressed concern Wolf would scare their child. The
Bryants claimed to have contacted Dick Cunningham about their concerns but
no action seemed to have been take . Mrs . Bryant said she was nervous and
worried that Wolf would chase her and the child even though the Marshalls
have done a good job recently keeping Wolf inside . Ms ., Lundgren threatened
that if Wolf attached her dog again she would not be responsible for her
actions . Mr. Marshall stated he had never met the Bryants and. they had
never voiced their concerns to him. If I thought Wolf would harm a child, I
would immediately get rid of him he stated.. Wolf is imposing and will bark
at people . He is kept for protection of the family. He evidently, does
not like Dillon and they have fought . Mr. Marshall said he had apologized,
paid vets bills and on the recommendation of the ACO had Wolf neutered to
try to calm him down. While I cannot control the dog fights , I would. not
tolerate Wolf hurting people , he said. Friends with small children visit
the house all the time and there has never been a problem. Dick Cunningham
stated he had no recollection that a complaint against Wolf had been made to.
him but would have to check his logs to confirm that . Mr. Marshall stated
he had never been advised that there was a problem. At 8: 20 p.m. Chairman
Machiros called a short recess of the hearing and asked the participants
to retire to the office with ACO Carol Larocque as mediator and see if
the situation could be ,resolved.
A license for boat sales for Steve Bandoian d/b/a Old Newbury Boat Co.
at 84 Newburyport Turnpike was approved subject to an inspection by the
Building Inspector.
A letter from Jean O'Malley of Greentree Lane requesting aid from the
town with construction of the new playground at the Newbury Elementary
School was discussed. Selectman Tevald advised that when the plans for the
playground were cut from the budget by the School Building Committee due to
lack of funds , volunteers took over the specs , worked with the contractor
and raised $40K for the project . Chairman Machiros stated if the citizens
worked that hard, we will ask Tim and the Highway Department to do all they
can to help complete the project .
The Board advised that Olga Way and Webbers Court with the approval of
Chief Merry will be made one-way effective immediately and sighs will
be posted.
At 8 :40 p.m. the dog hearing was reopened. The ACO stated an agreement
had been reached. Wolf will be out between 5 : 30 & 6 :30 a .m. and 8-9 p.m.
and will be restrained at all other times while the Marshalls investigate
. the possibility of installing an electric fence to keep Wolf on their
property. This time schedule she said may be changed only by mutual agreemer
Selectmen' s Meeting (cont ' d) July 8, 1997
between the parties involved. Everyone agreed they were comfortable with
decision. Chairman Machiros and the Board accepted the compromise
and thanked everyone for coming . Most problems can be solved if the
parties will just talk to one another, he stated.
Chairman Machiros complimented Carol on the good effort being made to
enforce the . "pooper scooper" 'reg.ulation. He asked her to try to patrol
the beach area in the early mornings before the lifeguards come on duty.
Carol advised that complimentary bags for those sho might forget to
bring one will be provided at designated areas on the beach.
The following warrants were signed by the Selectmen:
June 24, 1997 W51 $97 , 635 . 79
PW51 32 ,852 . 53
June 30, 1997 W52 33 ,302 . 05
PW52 32 ,680. 40
W53 41 , 761 . 56
PW53 7 ,433 . 67
W54 28,348. 67
PW54 345 . 00
The meeting was .adjourned at 8: 45 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
July 22 , 1997
Chairman Machiros opened the meeting at 7 :40 p.m. Selectman Alan I . Adams
, was present .
A request for use of the Byfield Town Hall by Triton Pop Warner Cheer-
leaders on Tuesday, 7/29 from 4-6 p.m. was approved by the Selectmen.
It was moved by Selectman Adams and seconded by Chairman Machiros to proceed
with a proposed land swap with Mr. & Mrs . Perreault of. 6 Church Street ,
Byfield.. The Perre-an _ts for marry ygars .have_ graciously al
lciwed use of their
land ty Protection F-L're Co. #1 and the Tzswn and :we .sih'Cerialy_' thank them
said Chairman Machiros .
Selectman Adams questioned Chief Merry on the progress of the road/bridge
construction. The Chief reported that everything seems to be coming togethe
and he said he had had less complaints today than yesterday which is a good
sign. Chairman Machiros noted the operations have gone pretty smoothly
due to cooperation between Police, Highway and State contractors . He
commended Chief Merry and Tim Leonard for their work. He also expressed
Selectmen ' s Meeting (cont ' d) July 22 , 199'7
the Board' s appreciation to Eric Botterman, District Director of Mass
Highway for expediting the construction of the cut off at the lights on
High Road. This should ease come of the pressure on these roads he
commented.
The following warrants were signed by the Selectmen:
July 8, 1997 W1 $ 14, 877 . 51
PW1 23 , 726 . 85
July 15 , 1997 W2 406,477 . 10
PW2 36,387 . 2.7
The meeting was adjourned at 7 : 50 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
August 12 , 1997
Clerk Joseph S . Tevald opened the meeting at 745 p.m. Selectman
Alan I . Adams was present .
A request from the North Shore Cyclists for use of the Upper Green
as a 50=mile rest stop for their Annual Century Bike Ride was granted
for August 23 & 24 subject to the Chief ' s approval .
A request from the Newbury Cub Scouts for permission to sell circus
tickets on the Upper Green on August 15 & 16 and to hand a banner on the
backstop was. granted subject to the Chief ' s apaproval .
A request from S .. P. N. E.A. to hang a banner on the backstop advertising
their Harvest Festival on September 27th was approved. Banner to be
hung 9/19 and removed 9/29 .
A pole hearing was scheduled for August 26th at 7 :45 p.m.
Charles Eicher, our representative to the 8-Towns & the Bay Committee ,
submitted a grant proposal for $20.00 for the Newbury Fishways on the
Parker River to be reviewed and signed by the Selectmen. Mr. Eicher
stated he had the approval of the Division of Fisheries and had been named
project coordinator . We plan to use the Essex County Sportsmens Assoc . and
Scout groupOs as volunteer labor he said and we hope to have the repairs
to two of the fish ladders complete by the end of September. Selectman
Tevald said, "it sounds like a good project-whatever is needed from the
Town will be supplied" . Selectman Adams suggested Mr . Eicher keep Verne
Noyes and the Fish Commissioners advised of the progress of the project .
Selectmen ' s Meeting (cont ' d) . August 12 , 1997
Mr. Robert Tarrant of 49 Hanover St . asked the Selectmens assistance
in having a hole filled and a drainage pipe capped and diverted .from his
property. He stated he had recently had a Title 5 upgrade of his septic
system and his neighbors claim the pipe was damaged during this upgrade .
Mr. Tarrant said the outlet had been located 38" below grade and could not
have been disturbed during this construction. The inlet is unknown, he
stated. Selectman Tevald asked if it was orangeburg pipe . Mr. Tarrant
stated it was and was 40-50 years old and installed prior to the houses
being built . Selectman Tevald asked Mr. Tarrant if he had spoken with his
contractor. Yes , he replied, and no pipe was noticed during the repairs .
The contractor who is also ,a neighbor suggested to the abutters involved
that he would be willing to trench across the rear of their yards and
divert the drains but one abutter does not want digging in his yard.
Selectman Tevald advised that this is really a civil matter but if a remedy
is declined it seems Mr . Tarrant has no responsibility to have the pipe
cross his property. The open hole on the easement could be a public
safety hazard and we will have Tim Leonard take a look at it and cover it
with stone if necessary to prevent injury to an animal or child, he said.
The Town cannot take a stand on a drain pipe installed 50 years ago that ,
is not on Town property and is not recorded anywhere . I remember the
construction of the septic system at 49 Hanover St . and there was no
excavation at the end of the property where the pipe is located, he said.
The Board of Health will not allow the new septic system to be disturbed.
We will , however, take care of the hole and hope for a satisfactory
remedy of the situation.
The following warrants were signed by the Selectmen:
July 22 , 1997 W3 $50,540. 38
Pw3 37 ,780. 36
July 29, 1997 W4 29 ,969 . 20
PW4 30,892 . 10
August 5 , 1997 W5 97 ,961 . 25
PW5 34, 738. 34
The meeting was adjourned at 8 : 15 p .m.
4
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN'S MEETING
August 26, 1997
. Chairman Machiros opened the meeting at 7 :45 p.m. Selectmen Joseph S .
Tevald and Alan I . Adams were present .
The legal notice for a pole hearing , plan #650, to erect one pole
on Moody St . was read. by Chairman Machiros . Appearing in opposition no one . Appearing in favor - Jack Moynihan of Mass Electric . Mr .
Moynihan stated the pole was for service to the new water tower on Moody '
St . The hearing was closed and the matter taken under advisement . The
Selectmen ' s Meeting (cont ' d) August 26, 1997
hearing ,was reopened and the petition was granted as submitted as. moved
by Selectman Adams and seconded by Selectman Tevald.
Chairman Machiros inquired if there was anyone present from Elm St .
There were none . He asked Mr . Moynihan if he would mind if the second
hearing was delayed to allow the Board to hear the concerns of some
Forest . St . residents . Mr. Moynihan agreed to the delay.
Appearing from Forest St . were Deborah Anderson (#17) , Betje
Noack (#24) , Enoil Levesque (#23) and Cheryl McCarthy (#27) . Chairman
Machiros stated he was in receipt of their petition signed by 23 resident:
and 11 had since called him to say they were misled into signing. He
noted that special duty police officers had to be a.ssigned to the area
at extra cost to the Town to prevent accidents due to the residents
interfering with the heavy machinery. He asked the residents present
why they were against the road project. Ms . Noack questioned the
process by which roads are repaired, why the residents weren' t notified
and what the Justification was for increasing the width of the road
from 10 ' to 22 ' . She also complained that a part of her stone wall was
in danger of falling due to the excavation and some trees had been
damaged. Ms . McCarthy tearfully questioned the manner in which a large
tree wa-s removed. Mr. .Leonard replied that the Tree Warden had
recommended the immediate removal of that tree as it presented a public
safety hazard and could not be left standing over the weekend. Ms .
,_Anderson also complained of loss of a wall and trees . After a lengthy
discussion, Chairman Machiros assured the residents that any damage to
personal property would be repaired. He apologized for their trauma but
said in his 18 years of public service he couldn' t remember police
having to be called in to monitor a road project . Ms . Noack pushed
the Board to set a new policy requiring the Highway Department to notify
residents prior to any work being done and asking whether or nor they
wanted the work to be done . The Selectmen rejected the suggestion.
The legal notice for a pole hearing, plan #649 , to erect one pole
on Elm St . was read. Appearing in opposition - no one. Appearing in
favor - Jack Moynihan of Mass Electric . . Mr . Moynihan stated the pole was
to provide underground utilities to two new houses . The hearing was
closed and the matter taken under advisement . The hearing was reopened
and the petition was granted as submitted as moved by Selectman Adams
and seconded by 3 ectmau �•.=ald.
Permits from Essex County Gas Co. to open and excavate 127R Elm St .
and 27 Riverview Dr. for new gas services were granted. A permit for new
service at 1 Rolfe ' s La . and 1 Rolfe ' s La . Barn was approved with the
stipulation there is no excavation of the road and a representative from
the Highway Department be present at the site during the project .
A request from Triton Youth Hockey to hold a TAG DAY on Fri . 9/26 and
Sat . 9/27 at the Main St . Mini Mart , Byfield Post Office , Buddy' s , the
Newburyport 5� Savings Bank and Newbury Butchery was granted .providing
Selectmen' s Meeting (cont ' d) August 26 , 1997
permission is obtained. from the businesses .
A request from Newbury -Cub Scout Pack #44 _for use of Great Meadows
for a campout on Sept . 20 & 21 was granted pending approval from the
Conservation Commission.
A request from Newbury Cub Scout Pack #44 to use the Upper Green on
Sat . 10/18 from 9am to 4 pm for their Annual Chuckwagon Derby (Space
Derby this year) was granted.
A request from Bill Salley for use of the Lower Green on Wednesdays
August 27 thru October 29th from 4pm to dusk for "soccer practice" was
approved for practices only and with the stipulation that it is again the
young group of players .
On the. recommendation of Chief Merry, Daniel J. Reilly of So. Pond
St . was appointed as Special Duty Police Officer for the Newbury
Elementary School .
The following warrants were signed by the Selectmen:
August 12 , 1997 W6 $228 ,374. 64
PW6 37 ,015 . 51
W6A 361 ,969 . 55
August 19 , 1997 W7 200, 173 . 80
PW7 34,965 . 45
Mr. Richard Capulupo of 32 Rolfe ' s Lane presented the Board with a
petition with over 100 signatures citing several concerns regarding
possible changes at the Harbor School and their impact on the Town.
Chairman Machiros read the petition for the record. The Daily News
reporter questioned the alleged revocation of a building permit to
renovate the administration offices to 10 lOx7 bedrooms at Harbor School.
Chairman Machiros stated the permit was not revoked but was returned on
his request by Mr. DiMauro until such time as the Town had more
information to assure the neighbors and to answer rumors being circulated
that the new rooms were to become a "lock down" facility for juvenille
sex offenders . Chairman Machiros agreed with Mr. Capulupo that the
proposed alterations were indeed a significant change and as promised
to the residents in November of 95 he would ask Mr . DiMauro to attend
an informational meeting at the Fire Station on .Sept . 9th at 7 : 30 p.m.
to address these issues . He thanked Mr. Capulupo for the peition.
He also commended Mr. DiMauro for his work with these troubled youngsters
and thanked him for relinquishing the building permit . Representative
Stanley and Senator Tarr will be invited to attend on the 9th.
The meeting was adjourned at 9 : 10 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
September 9 , 1997
An informational meeting was held at 7 : 30 p.m. at the function hall
at the Newbury Fire Station. Present were Selectmen Machiros , Tevald and
Adams , Atty James Lagoulis and Dr. DiMauro , Executive. Director of the
Harbor Schools . Also in attendance , Representative Harriett Stanley and
Senator Bruce Tarr.
o� The meeting was called in response to Harbor Schools request for a
building permit for renovation of #26 Role ' s Lane from office space to
ten bedrooms and a petition from over 100 residents and neighbors fo the
Harbor School facility on Rolfe ' s Lane to address the proposed revovation
and planned changes at the school , specifically the acceptance of
students classified as "high risk" . Questions were fielded from the
audience for Dr. DiMauro ' s response . After a prolonged question and
answer session, Don Adler of 8 Rolfe ' s Lane proposed to Dr. DiMauro that
if he would agree not to immediately pursue the release of the building
permit for the renovations , dialogue could continue and possibly an
advisory committee could be set up to develop an agenda and program
comfortable with the citizens and workable within the school ' s
parameter of operation. Dr . DiMauro agreed to having .a neighborhood
meeting but stated he had spoken with the Justice Dept . regarding
infringement on the rights of his kids . Time is a real factor, he stated.
If we cannot agree I will look at mediation, but I ' d like to resolve
the status -,of our building permit within 60 days . A sign-up sheet was
offerred for persons interested in meeting with the Harbor School Board.
The informational meeting was closed at 10:45 p.m.
At 11 : 00 p.m. the Selectmen' s meeting was called to order by
Chairman Machiros at Newbury Town Hall . Selectman Adams was present .
Chairman Machiros noted that while the Board is not the permitting
authority, after hearing the dialogue at the informational meeting this
evening I will entertain a motion to request the building permit not be
issued to Harbor School until the concerns of the residents and the
Building Dept . are resolved. This was moved by Selectman Adams and
seconded by Chairman Machiros in the absence of Selectman Tevald.
Chairman Machiros publicly thanked Dr . DiMauro for his attendance at the
Meeting. I was also pleased to see Mr. Wilkinson (Harbor School board
member) there, he stated and of the 100+ that signed the petition
approximately 60 residents were present . The school should be commended
for .their work with troubled youngsters and we are not trying to run them
out of Town, he stated, we just do not want "high risk" youngsters
in our neighborhood.
Two one-day special permits for the sale of alcoholic beverages were
granted for Protection Fire Co. #2 for 9/13 4pm to 12 midnight and 9/27
12 noon to 4pm. The fee was waived.
October 29 , 1997 was proclaimed UN Day as moved by Selectman Adams
and seconded by Chairman Machiros .
Selectmen' s Meeting (cont ' d) September 9 , 1997
A letter of resignation from Charlie Powers was read and accepted
with deep regrets . Chairman Machiros thanked Charlie for his fine service
to the Town and stated he looked forward to continuing to work with him .
but at a slower pace .
A letter of resignation from Gage Kelly, Accountant , was read and
accepted. A search for a replacement is underway.
The following warrants were signed by the Selectmen:
August 26 , 1997 W8 $ 31 , 655. 60
PW8 . 34,570. 77
- ' September 2 , 1997 W9 479 ,811 . 86
PW9 33 ,246 . 73
The meeting was adjourned at 11 : 15 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
September 23, 1997
Chairman Machiros opened the meeting at 7 :45 p.m. Selectmen Joseph S.
. Tevald and Alan I . Adams were present .
The Board voted unanimously not to exercise their option to purchase
a parcel of land containing 2 , 168. sq/ft previously taxed under Ch. 61A.
Property located on High Rd. at Little ' s Land. Exercise of option to be
released upon receipt of new plan of lot U10-23 .
A request for use of the Town boat ramp and parking lot by Mass
Audubon for a canoe trip on October 4th was approved by the Board.
A license was reviewed and renewed for Eric Van Bockern d/b/a Aries
Sports & Bikery.
Two permits from Essex County Gas Co . to open and excavate 3 School
St . and 1 Grove St . for new gas services were approved.
On the recommendation of• the Newbury Cultural Council , Madeline
Gielow of 9 14th St . was appointed as a new member to the council .
A one day special permit for the sale of alcoholic beverages was
approved for Protection Fire Co. #2 for Saturday, October 4th from lla .m.
to 4 p .m. The fee was waived.
Chief Merry reported. that the estimated opening of the Hanover St .
Bridge was the end of October. Chairman Machiros requested the Chief
study the impact of Green St . being blocked at Parker St . and also the
temporary right turn at High & Hanover and get some input from the
neighbors so that a recommendation can be made to Mass. Highway when
Hanover St . is reopened.
Selectmen' s Meeting (cont ' d) September 23 , 1997
Chairman Machiros noted that the Woodbridge School needed some
cosmetics and landscaping which will be accomplished when the school
is turned back to the Town by Triton. He also noted that Ed Carpenter
had agreed to take on the custodial duties at both Woodbridge and Byfield
Schools for the Town.
The following warrants were signed by the Selectmen:
September 9 , 1997 W10 $169 ,469 . 18
PW10 34,208. 00
September 16 , 1997 W11 376 ,876 . 34
PW11 28 ,066 . 63
The meeting was adjourned at 8: 15 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
October 14, 1997
Clerk Joseph S . Tevald opened the meeting at 7 : 40 p.m. Selectman
Alan I . Adams was present .
The following warrants were signed by the Selectmen:
September 23 , 1997 W12 $87 ,095 . 12
PW12 29 ,046 . 14
September 30, 1997 W13 35 , 115 . 15
PW13 26, 783 . 74
October 7 , 1997 W14 41 ,497 . 51
PW14 28, 106 . 02
Christine Blankenship and Lynn Ricketts of the North East Regional
Tobacco Education Collaborative were recognized by the Board and Ms .
Blankenship gave a brief talk on the results of . their most recent complianc4
check Newbury being at 100% as of 9/97 . She also advised the Board
of the 3-year tabacco grant awarded to the 10 community Boards of Health
which will be administered by the Collaborative and the scope of services
offered. The ladies; were thanked by the Board for their time and
presentation. It was noted that November 20 is the date of the next
"Great American Smoke Out" .
At 7 : 50 p .m. Selectman Tevald read the legal notice for petition #349
from NYNEX to place 7 ' of underground conduit at 123 Elm St . Appearing .in
opposition - no one . . Appearing in favor - Ed Shanley of Bell Atlantic
NYNEX., Mr . Shanley advised that all work would be done in the soft
shoulder of the road. The hearing was closed and the matter taken under.
advisement . The hearing was reopened and the petition granted as
presented as moved by Selectman Adams and seconded by Selectman Tevald.
Selectmen's Meeting (cont ' d) October 14, 1997
A request from the Newbury Library for use of the Byfield Town Hall
on 11/19 for a Pirate ' s Night Party was approved. Also approved was their
request tc close Lunt St . to vehicular traffic for approx. 15 minutes at
4p.m. on 10,/29 for the children' s Horribles Parade . Chief Merry will be
asked to post an officer at the intersection of Lunt & Central to insure
the children' s safety.
A request for use of the Lower Green on 10/26 for a family football
game for the Triton Pop Warner "E" Team was approved.
A request for use of Byfield Town Hall by the Homeschooling Network
for a Halloween party on 10/31 from 12-5 p.m. was approved. An indemnity
agreement and release will be obtained prior to that date. Their request
for, possible use of the hall on Friday afternoons was taken under
advisement until more information is provided on the exact needs of the
group.
Two Essex County Gas Co. permits were granted subiect to Tim Leonard' s
approval for 10 Coleman Rd. and 113 Main St . The Main St . permit will
stipulate "no cutting of raod surface-all work must be in shoulder or
hogged under roadway" .
Den 8 Cub Scouts advised their plan for a beach clean-up on 10/25
and requested the DPW pick up the collected trash bags at the Newbury
beach parking lot at Atty May ' s . Selectman Adams suggested the
possibility of having a town truck parked there so the bags can be thrown
directly into the truck. This request will be given to Tim Leonard.
A letter from the Scott family of Newman Rd. was read citing their
concerns about speeding and the dangers on Newman Rd. which is newly paved.
Chief Merry advised that he had received several letters regarding these
matters . He noted that he and Tim Leonard were working on . posting warning
signs for .pedestrians , horses , and children and he is conducting a radar
survey on the area to present to the state with a request that the speed
limit be reduced. Speed limits can only be set by the State he advised.
Halloween trick or treating will be on Thursday, Oct . 30 from 5 : 30
to 7 : 30 p.m.
The meeting was adjourned at 8: 10 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
October 28, 1997
Chairman Machiros opened the meeting at 7 :40 p.m. Selectmen Joseph S.
Tevald and Alan I . Adams were present .
Selectmen ' s Meeting (cont ' d) October 28 , 1997
Worthen Taylor III was appointed as Asst . Building Inspector
subject to receipt of his physical exam and with the assurance that he
will be certified for this position within 18 months as moved by
Selectman Adams and seconded by Selectman Tevald.
A request from Martha Arias for use of a room at the Woodbridge
School for an annual food and clothing drive was approved. Mrs . Arias
explained what is collected and how it is dispersed in Newbury, Rowley
and Salisbury. Mrs. Arias was commended by the Board for her work with
the needy families in our area .
A recommendation from the Sealer of Weights and Measures , Fred Hunt ,
to increase the fees for inspections was taken under advisement by the
Board to allow Selectmen Tevald and Adams time to review the rates . Mr.
Hunt will be advised of their decision.
A permit from Essex County Gas Co. for new service at #26 ,28,30 and
36 School St . was approved subject to the lines being tunneled under the
roadway - no excavation of the hot top will be allowed.
A request was granted from the North East Regional Tobacco Education
Collaborative to hang a banner on the backstop on the Green .to publicize.
the American Cancer Society' s 21st Annual Great American Smoke Out on
November 20th. The banner to be in place 11/14-11/24.
November 2 , 1997 was proclaimed Special Olympics Day in the Town of
Newbury/Byfield. A copy of the proclamation will be sent to the Special
Olympics Committee in Hathorne , MA.
The Board announced the formal acceptance of the Woodbridge and
Byfield Schools from Triton Regional School District . Ed Carpenter has
been appointed custodian of both schools and Tim Leonard will be asked
to keep both buildings well maintained. Chairman Machiros stated the
Board was eagerly awaiting comments from the Planning Board regarding
possible uses of the buildings . He noted both buildings have historic
significance to the Town and the character of the buildings should be
maintained whatever the future uses may be .
Selectman Adams noted the Hanover St . Bridge was looking good. Chief
Merry said he had heard unofficially that opening day was approx two
weeks away. Chairman Machiros suggested that Green St. from. Hanover St . to
Parker remain closed to thru traffic until spring to allow time to complete
a survey and make recommendations to Mass Highway - moved by Selectman Adam:
and seconded by Selectman Tevald.
The following warrants were signed by the Selectmen:
October 14, 1997 W15 $ 56,978 . 09
PW15 26 , 712 . 91
October 21 , 1997 W16 374, 706 . 71
PW16 31 ,978 . 89
The next meeting of the Board will be November 25th as the second
Selectmen ' s Meeting (cont ' d) October 28, 1997
Tuesday, November llth is Veterans Day.
c
The meeting was adjourned at 8 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary.
SELECTMEN'$ MEETING
November 25 , 1997
Chairman Machiros opened the meeting at 7 : 35 p.m. Selectmen Joseph S .
Tevald and Alan I . Adams were present .
The legal notice for a tax classification hearing was read by Chairman
Machiros . Worthen Taylor, Chairman of the Board of Assessors stated his
Board recommended a single tax rate for the five classes of property
for .FY' 98. There being no comments . from the floor for or against the
recommendation, it was moved by Selectman Adams , seconded by Selectman
Tevald and voted unanimously to accept the Board of Assessors
determination for a single tax rate .
Christmas on the Green will be celebrated Sunday, December 7th
beginning at 3 : 45 p.m.
On the recommendation of the Historic Commission, Patsy J . Brown
of High Road was appointed as their seventh member.
An Installers license was approved for Chuck Hulbert Construction of
Ipswich subject to Selectman Tevald' s review.
Earl Richards , Superintendent of Byfield Water District , addressed
the Board regarding the adoption of a "commercial/industrial floor drain
regulation" . This is ,a requirement for obtaining: final permits for their
new well off Forest St . Mr. Richards asked that 'the Board review the
information presented and make a determination at their earliest
convenience . It was moved by Selectman Adams and seconded by Selectman
Tevald to pass this regulation as presented for the Byfield Sector of
Newbury thereby allowing the Board time to research the impact , if any,
on the rest of the town.
Three permits were approved for Essex County Gas Co. for the
installation of new services at 117 Central St . , 10 School St . , and 9
Lunt St . , all subject to Tim' s checking the sites to insure any excavations
are repaired to our satisfaction.
A request from Byfield Water District for use ,fo Byfield Town Hall on
Wednesday evening , December 10th for a public meeting was approved.
An application for the transfer of the liquor license currently held
by Byfield Assoc . Inc . d/b/a D & J Liquors at 53 Main St . , Byfield to
Selectmen' s Meeting (cont ' d) November 25 , 1997
Benjamin E. .Sylvanowicz was accepted by the Board. A hearing date was set
for December` 9th at 7 : 45p.m.
Dick Cunningham on behalf of the Historic Commission asked Lor
permission to investigate a proposal to have the Town' s records copied from
microfilm to micromesh. The Board moved to take the matter under advise-
ment and look into it further with the Commission.
--' Town Hall will be closed Thursday and Friday, November 27 & 28 for
the Thanksgiving holiday. The Board wished a "Happy Thanksgiving" to all . .
The following warrants were signed .by the Selectmen:
October 28, 1997 W17 $ 75 ,218. 56
PW17 26 ,946 . 46
November 4, 1997 W18 39 ,865 : 66
PW18 26,785 . 34
W18A 18, 100 . 75
November 11 , 1997 W19 51 ,491 . 07
PW19 39 , 595 . 35
November 18 , 1997 W20 428,275 . 36
PW20 263902 . 85
The meeting was adjourned at 8 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN'S MEETING
December 9, 1997
Chairman Machiros opened the meeting at 7 :40 p.m. Selectmen
Joseph S . Tevald and' Alan' I . Adams were present .
An application for a, change of manager on the liquor license held
by Old Town Country Club was accepted as moved by Selectman Adams and
seconded by Selectman Tevald and will be forwarded to ABCC for final
approval . The new manager will be David L. Shepard.
Liquor licenses were reviewed and approved for 1998 for Buddy' s
Restaurant , Oldtown Country Club, Old Newbury Golf Club, Corner Cupboard,
D&J Liquors , PJ ' s , Dick' s Variety, Mr . Moe ' s , Byfield General Store ,
Atty May' s Beac'hcomber , Newbury Convenience and. Island Steamers _
A request from the Newburyport Area Homeschooling Network for use
of the Byfield Town Hall for weekly activities on Fridays from 12-5 p.m.
was discussed.. Chairman Machiros noted that long term scheduling of
this building may present problems with other entities that request use
of the hall . He suggest that the group look at the possibility of using
a room in the Byfield School which may be made available if suitable .
Selectmen' s Meeting (cont ' d.) December 9 , 1997
1
A request from Boy Scout Troop #44 for use of Byfield Town Hall
on Tuesday evenings 7-8: 30 p .m. was approved with .the Stipulation that
they would be tenants at will . If the hall is needed for another
function the troop would be asked to relinquish their time .
The following licenses were reviewed and renewed: Glass II Used Car-
Highline Auto Inc . , Special Interest Auto of Nby; General Business -
Fernald' s Marine , Henry C. Becker ,Steve ' s, Service , A.L.. Prime Energy,
Walton' s Auto Lab, Colonial Coiffures , Karen' s Dog Grooming , Longfellow
Hill Beauty Shop, Newbury Hair Design, Marcy Kearns , Ginny Moore ' s
Parking Lot , Villane Parking , Norbeck Sterling, Bird' s Nest , Tendercrop
Farms , Guildford' s Package Store . Selectman Adams abstained from voting
on the renewal of the license for Newbury Hair Design.
Mr. Tony Barbiris , new owner of the .Admiral Motors properties
appeared before the Board to request a Class II Used Car License for
86 Newburyport Turnpike . He explained his plans for use and upgrading
of the buildings , including the septic systems . Chairman Machiros
asked Mr. Barbiaris to submit a letter of intention to the Board .
ind.entifying the current businesses in the buildings and his future
plans . Subject to receipt of this letter and a report from Chief Merry
the license will be released.
Charles Eicher presented the Board a check from Merrimack Valley
Planning Commission in the amount of $1 , 757 . 98 as reimbursement for
restoration work on the Parker River fishways on Larkin Rd. The
Board accepted the check on behalf of the Town with thanks to Charlie
and all involved in the project .
A new installers license was approved subject to Selectman Tevald' s
review for P. B. Johnson Inc . of Hamilton for the installation of a '
system on Middle Road for Jean Wilson
The following warrants were signed by the Selectmen:
November 25 , 1997 W21 $ 35 , 710. 07
PW21 37 ,312 . 11
December 2 , 1997 W22 361 ,087 . 83
PW22 42,264. 43
The meeting was adjourned at 8 : 05 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
December 30, 1997
Chairman Machiros opened the meeting at 7 : 30 p.m. Selectman Adams
was present .
The following warrants were signed by the Selectmen:
December 9 , 1997 W23 $476,244. 89
PW23 31 ,350. 41
December 16 , 1997 W24 36 ,476.38
i PW24 27 ,652 .45
December 23 , 1997 W25 20,003 . 04
PW25 28, 100. 14
Chairman Machiros read the legal notice for a public hearing on
the transfer of a liquor license presently held by Walter Yale d/b/a
D&J Liquors to Benjamin E. Sylvanowicz . Appearing in opposition - no
one . Appearing in favor - Mr. & Mrs . Walter Yale and Mr . & Mrs . Beniamin
Sylvanowicz . There being no questions or comments , Selectman Adams
moved the hearing be closed and the matter be taken under advisement .
The hearing was reopened and Selectman Adams moved to grant the transfer
seconded by Chairman Machiros and subiect to ABCC approval . The
Sylvanowicz family was wished well in their new venture .
1998 Installers permits were reviewed and renewed for T.L. Norton
Co. Inc . ,. Keith P. Walton Co. , Francis J . Fournier , Allen R. Rogers ,
P.A. Wilkinson,-W. P. Spalding Contracting Inc . , Enpro Services Inc . ,
J .D.. Hartnett & Son Inc . , Manter Co. Inc . , Prompt Construction Co. Inc . ,
W. Harrison & Sons Inc . , Kendall Construction Corp. and Pearson Land-
scaping.
General Business licenses were renewed for the following : Class II
Used Car Dealer-AEL Trailer Sales , Federal Auto Repair ,. US#1 Auto/Marine ,
and Angie ' s Service Station; Class III Motor Vehicle Junk-Newbury Auto
Sales ; Gen' l Business-Dick' s Variety, Ja-Makin Me . Tan, Surfland Bait ,
Deb ' s Place , A Newbury Setting , Linda ' s Home Salon, Checkway Oil ,
Riverfront Marine , Diamond Marine , Wilco Restorations , Olde Newbury
Boat Co . , Noyes Citgo, Tollman Automotive , Rainbow Carpet Cleaning ,
Buddy' s Restaurant , The Plum Inc . , Ice Cream Cove , 0uld Newbury Golf
Club, Haven II , Island Steamers , Atty May ' s , PJ ' s Newbury Butchery,
Newbury Convenience Store , Byfield Flower Shoppe ,. F. Thurlow Brown
books , Byfield General Store , Peter Storey, High Tail Acres , Newbury
Gallery, Mae Atkinson Antiques , Parker River Enterprises , A.G.J . Wood-
crafting and Woodworking , Corner Cupboard, Wheelhouse Parking , Williamson
Parking , Plum Island Enterprises, Main St . Mini Mart , Angie ' s Service
Station, Mad Marthas , and Milestone 35 .
On the recommendation of the Highway Superintendent , Tim Leonard,
new plowing rates were approved to bring Newbury in line with
surrounding towns as moved by Selectman Adams and seconded: by Chairman
Machiros .
Selectmen' s Meeting (cont ' d) December 30, 1997
Happy New Years wishes were extended to all .
The meeting was adjourned at 7 :40 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary