HomeMy Public PortalAboutSELECTMEN/BOARD OF HEALTH RECORDS 1998-2004 EXECUTIVE SESSION
December 14, 2004
At 9:12 p.m. the executive session was convened to discuss litigation on the landfill. In
attendance were Chairman'Russo, Selectmen Joy and Bear, Counsel Lagoulis and BOH
Chair Alba Gouldthorpe.
Counsel Lagoulis distributed copies of the final version of the"settlement agreement"
and"final judgment" on the landfill suit to the Selectmen for their review and approval.
Jim noted that the only concession DEP did not agree to was the number of days allowed
for the opportunity to cure a violation. He advised that going forward, if a violation
occurs, a fine will be issued. The Town will receive a written notice and time to cure this
violation. The time frame allowed is fourteen days from the time of receipt of the written
notice. A copy of the agreement will be forwarded to CDM. There were some small
problems with the post`closure plan submitted with the last version of the agreement
which will be corrected. Selectman Joy moved to approve and sign the agreement and
leave in the hands of Counsel for filing, seconded by Selectman Bear and voted
unanimously.
The minutes of the November 22nd executive session were reviewed and approved on a
motion by Selectman Joy and seconded by Selectman Bear.
The executive session was adjourned at 9:45 p.m. on a motion by Selectman Bear,
seconded by Selectman Joy and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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EXECUTIVE SESSION
NOVEMBER 22, 2004
The Selectmen met in executive session at 10:06 a.m. on November 22, 2004 pursuant to
a vote taken at the open session of the selectmen's meeting held at 10:00 a.m. on the
same date. In attendance were Chairman Russo and Selectman Joy, Conservation
Commission Agent Doug Packer and Town Counsel James Lagoulis. Selectman Bear
was absent.
Conservation Commission Agent Packer reported that his office had received complaints
regarding activities at Newbury Trucking/East Coast Sand and Gravel, including the
storage of sand and gravel on the property. He further reported that he and Town
Counsel had made an inspection of the site which.confirmed that the activity there
violated the judgment previously obtained against the property owner. A discussion then
ensued as to the fact that the defendant's financial responsibilities under the terms of the
judgment had yet to be satisfied.
Counsel Lagoulis informed the selectmen that the Town had levied on the judgment but
had not proceeded further for two reasons: First, that given.the nature of the business
being conducted on the property, there was a question as to whether the property posed
any hazardous waste issues. Second, the fact that the property had a mortgage and prior
attachment by the Newburyport Bank, which raised a question as to it's value to the town
since selling the property pursuant to the towns levy would mean that the town would
have to payoff senior creditors.
It now appears that the hazardous waste issue has been resolved, and counsel suggested
that the bank should be contacted to determine what their position is regarding their.
attachment.
Counsel further advised the selectmen that the Town could also seek further judicial
relief through a contempt petition._ This could be in the form of a fine, or an injunction
for violating the judgment, and that these two courses of action could be pursued
concurrently.
The selectmen.instructed counsel to contact the bank.as suggested, and to pursue action
on the levy if a satisfactory arrangement could.be worked out with Newburyport Bank.
The meeting was adjourned at 10:42 a.m. on a motion by Selectman Joy, seconded by
Chairman Russo.
Respectfully submitted,
�� Kathleen Sirois, Admin. Asst.
EXECUTIVE SESSION
NOVEMBER 22, 2004
The Selectmen met in executive session at 10:06 a.m. on November 22, 2004 pursuant to
a vote taken at the open session of_the selectmen's meeting,held at 10:00 a.m. on the
same date. In attendance were Chairman Russo and Selectman Joy, Conservation
Commission Agent Doug Packer and Town Counsel James Lagoulis. Selectman Bear
was absent.
Conservation Commission Agent Packer reported that his office had received complaints
regarding activities at Newbury Trucking/East Coast Sand and Gravel, including the
storage of sand and gravel on the property. He further reported that he and Town
Counsel had made an inspection of the site which confirmed that the activity there
violated the judgment previously obtained against the property owner. A discussion then
ensued as to the fact that the defendant's financial responsibilities under the terms of the
judgment had yet to be satisfied.
Counsel Lagoulis informed the selectmen that the Town had levied on the judgment but
had not proceeded further for two reasons: First,that given the nature of the business
being conducted on the property, there was a question as to whether the property posed
any hazardous waste issues. Second, the fact that the property had a mortgage and prior
attachment by the Newburyport Bank, which raised a question as to it's value to the town
since selling the property pursuant to the towns levy would mean that the town would
have to payoff senior creditors.
It now appears that the hazardous waste issue has been resolved, and counsel suggested
that the bank should be contacted to determine what their position is regarding their
attachment.
Counsel further advised the selectmen that the Town could also seek further judicial
a
relief through a contempt petition. This could be in the form of a fine, or an injunction
for violating the judgment, and that these two courses of action could be pursued
concurrently.
The selectmen instructed counsel to contact the bank as suggested, and to pursue action
on the levy if a satisfactory arrangement could be worked out with Newburyport Bank.
The meeting was adjourned'at 10:42 a.m. on a motion by Selectman Joy, seconded by
Chairman Russo.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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EXECUTIVE SESSION
JULY 16, 2004
At 8:15 a.m. Chairman Russo called the executive session to order. Selectman Joy,
Selectman Bear and Counsel James Lagoulis were present.
Jim advised that the purpose of this session was to bring the two new Selectmen up to
speed with ongoing litigation and to discuss strategy for these cases. The first being what
Jim calls"landfill litigation". The State sued the Town and placed us under an
administrative consent order for failure to comply with Title 5 regulations and non-
compliance at the landfill, he advised. The town has since capped and closed the landfill,
built a new transfer station which is almost operational, established the PIOD and
wetlands bylaw and complied with all other Title 5 issues. The wetland regulations are
still in the works due to a dispute with DEP and CZM regarding the V-zone established
by FEMA. The Peabody case which is currently in Superior court should be the deciding
factor for this dispute and then we should be able to finalize the consent order.
The revised IMA which was voted at the town meeting in June will allow us to ask for a
summary judgment in Superior Court for the suit brought against us by the Island Futures
Group. This IMA must be signed and sent to Newburyport for final approval as soon as
possible. We are still waiting the judges decision on the sewer extension permit which
was certified by MEMA but this revised RVIA should move things along.
The town needs to move forward with takings by eminent domain for easements to run
pipes for the water/sewer project as voted at the special town meeting in June 2003. The
Selectmen need to issue an order of taking and follow through with them, Jim advised.
The leaky roof at the Library was the next order of business. The general contractor is
out of business. There is a dispute between the roofing contractor and the architect as to
where the blame lies. Jim asked the selectmen for permission to follow through and take
the case to litigation if no compromise is reached. The Board voted unanimously to
allow the case to go forward on a motion by Selectman Joy, seconded by Selectman Bear
and voted unanimously.
The 61A release option on the Kozazcki property may be faulty due to the lack of a P&S.
Only a contract to purchase was submitted. A commitment from Newburyport is needed
immediately so Newbury can decide yea or nay on the purchase of the well site. If more
time is needed, the 61A release'may need to be challenged in court. Hopefully we can
negotiate to prevent more litigation. It was decided to hold a joint meeting with the Old
Town Water Commissioners to'discuss these options.
The Horden/Airport case was briefly touched on. Jim advised Horden had submitted a
subdivision plan with six lots but there is not adequate access due to the wetlands. Under
t the law he would be entitled to one lot. The town has offered him two building lots in
court. Horden also has a separate suit with the airport. If he wins that suit he may be
entitled to more than two lots. The settlement of these suits will also settle the
Castleberry Fair dispute, he advised.
The JRM case is ongoing and now scheduled in court for some time in August. Their
attorney, McCaron, has asked to bring a new proposal before the Selectmen. The board
agreed they would listen to the proposal with no promises made. It would have to be
something the town would like and then we may be willing to work with them, said
Selectman Russo.
"Byfield lights"—the Mackays have filed their own deed with the Registry and it appears
to be illegal. Jim said they could give us a document surrendering the covenant but at
this point it is in the hands of the courts.
The question of counsel becoming a salaried position and what happens to litigation in
the process was briefly discussed. It was decided that more information is needed before
a decision can be reached.
There being no other legal business at this time, the Selectmen moved to close the
executive session and reconvene in open session at 10 a.m. on a motion by Selectman
Joy, seconded by Selectman Bear.
Respectfully submitted,
Kathleen Sirois, Secretary
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EXECUTIVE SESSION
BOARD OF SELECTMEN
MARCH 2, 2004
The executive session was called to order at 6:05 p.m. by Selectman Joy. In attendance
were Selectmen Joy and Doyle, Counsel Jim Lagoulis, BOH Chair Alba Gouldthorpe,
Conservation Agent Doug Packer and Building Inspector/Zoning Officer Brownie
Taylor.
Jim Lagoulis advised that this session was to discuss JRM. Their attorney had proposed
that a building be constructed to house the trash trucks. Should we roll the dice and go to
court or see if there is any common ground for a settlement/negotiations. An earlier offer
from JRM to help the town with the transfer station and possibly park trash trucks there
was discounted by all town departments. The consensus was no deal. Atty. McCaron has
asked what can JRM do on this site. Trucks may be parked there but they must be empty
of all trash and Atty. McCaron has stated that this is impossible. There will always be
trucks returning to base with trash inside. Jim noted that we have all seen the plans for an
office building in the front with a large building in the rear for truck storage and
recycling. The BOH is considering new regulations that could have an affect on JRM's
operation when implemented. Jim also advised McCaron that if any arrangement were to
be made it would be predicated on regular inspections at will and a greater detail of
JRM's plans would be needed. Before any conclusions are reached input from the BOH,
Conservation and the Building Department would be needed. Jim advised that if we win
in court we can affect the trash business but not the junkyard. We will have some teeth
with the BOH regulations but we will always be chasing them to do the right thing. The
court date is currently scheduled for some time the end of March. Mike pointed out that
JRM now admits there are always trucks there containing trash,they come with a bad rep
from Gloucester and if he builds an office building he will need sewer and water from
Nbypt. Doug asked, if we lose does he still get a building. Jim said if we settle he gets a
building and we get some control. If he loses he still has a junkyard and a lot that has
some use in the Industrial Zone. Dick noted our first priority is to protect our water and
the only way to get 100%protection is to get rid of the business. Will DEP give us any
support? Jim advised very little. They encourage the towns to enforce stricter
regulations. Dick asked if we could subpoena the DEP inspectors who filed an
enforcement action against JRM. Jim answered probably not. If we cooperate with him
what guarantees do we have? Mike stated that in order to protect the Parker River he
would vote to go to court. Doug suggested that if we look at this years down the road and
we are still in a mess wouldn't it be politically in better stead if we go to court now. Then
we have used due dilligence: Jim noted it is strictly a judgement call. How do you all
feel? It was unanimously voted to move ahead with the court case and not pursue a
settlement at this time. The motion to proceed with litigation was made by Selectman
Doyle and seconded by Selectman Joy. The executive session was adjourned at 6:40
p.m. as moved by Selectman Doyle and seconded by Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
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EXECUTIVE SESSION
BOARD OF SELECTMEN
MARCH 2, 2004
The executive session was called to order at 6:05 p.m. by Selectman Joy. In attendance
were Selectmen Joy and Doyle, Counsel Jim Lagoulis, BOH Chair Alba Gouldthorpe,
Conservation Agent Doug Packer and Building Inspector/Zoning Officer Brownie
Taylor.
Jim Lagoulis advised that this session was to discuss JRM. Their attorney had proposed
that a building be constructed to house the trash trucks. Should we roll the dice and go to
court or see if there is any common ground for a settlement/negotiations. An earlier offer
from JRM to help the town with the transfer station and possibly park trash trucks there
was discounted by all town departments. The consensus was no deal. Atty. McCaron has
asked what can JRM do on this site. Trucks may be parked there but they must be empty
of all trash and Atty. McCaron has stated that this is impossible. There will always be
trucks returning to base with trash inside. Jim noted that we have all seen the plans for an
office building in the front with a large building in the rear for truck storage and
recycling. The BOH is considering new regulations that could have an affect on JRM's
operation when implemented. Jim also advised McCaron that if any arrangement were to
be made it would be predicated on regular inspections at will and a greater detail of
JRM's plans would be needed. Before any conclusions are reached input from the BOH,
Conservation and the Building Department would be needed. Jim advised that if we win
in court we can affect the trash business but not the junkyard. We will have some teeth
with the BOH regulations but we will always be chasing them to do the right thing. The
court date is currently scheduled for some time the end of March. Mike pointed out that
JRM now admits there are always trucks there containing trash,they come with a bad rep
from Gloucester and if he builds an office building he will need sewer and water from
Nbypt. Doug asked, if we lose does he still get a building. Jim said if we settle he gets a
building and we get some control. If he loses he still has a junkyard and a lot that has
some use in the Industrial Zone. Dick noted our first priority is to protect our water and
the only way to get 100%protection is to get rid of the business. Will DEP give us any
support? Jim advised very little. They encourage the towns to enforce stricter
regulations. Dick asked if we could subpoena the DEP inspectors who filed an
enforcement action against JRM. Jim answered probably not. If we cooperate with him
what guarantees do we have? Mike stated that in order to protect the Parker River he
would vote to go to court. Doug suggested that if we look at this years down the road and
we are still in a mess wouldn't it be politically in better stead if we go to court now. Then
we have used due dilligence. Jim noted it is strictly a judgement call. How do you all
feel? It was unanimously voted to move ahead with the court case and not pursue a
settlement at this time. The motion to proceed with litigation was made by Selectman Doyle and seconded by Selectman Joy. The executive session was adjourned at 6:40
p.m. as moved by Selectman,Doyle and seconded by Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
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EXECUTIVE SESSION
FEBRUARY 24, 2004
At 7:35 p.m. the executive session was called to order. In attendance were Selectmen
Dick Joy and Michael Doyle and Counsel Jim Lagoulis.
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Counsel advised that he had,a meeting with Atty. McCaron representing JRM. Jim
advised he that the town had no interest in JRM running or using the town's transfer
station. Atty. McCaron advised that JRM's position was simple. There is no way to be in
the trash business and return to base with empty trucks every time. There will also be
some trucks containing trash parked overnight. JRM is willing to build a building to
house these trucks. They also want to be able to process cardboard and white goods and
they are entitled to do that under DEP regulations. Jim advised that he was only
authorized to offer the parking of empty trucks on site. McCaron noted if there is to any
kind of settlement both side would need to make concessions or else the town would be
taking away the use of JRM's property.
Jim advised the Selectmen that is the town has any interest in a settlement it would have
to be with very strict controls; The draft regulations before the BOH will definitely affect
this site when/if they are accepted. If a resolution is agreed upon I need a proposal for
specific activities defined for this site. He asked the Selectmen if they wanted to pursue
this or just roll the dice in court.
Mike stated JRM had not been up front with them from the beginning so we would like to
just roll the dice. Jim advised that a court date has been set for some time in late March.
Atty. McCaron had asked if he should ask for a continuance due to the loss of the third
Selectman.
Dick asked if they could still run the junkyard. Jim answered yes, definitely. Dick noted
that he felt about 60%of the town doesn't care either way. If we lose in court, we will
have no controls over his operation. Jim said originally there was a plan to build an
office type building at the front and a large Morton building in the back to house the
trucks. If trucks are parked outside there must be an impervious surface in place. Dick
asked if we were to pursue the idea of a building would we have a say in the building and
storage of the trucks? He noted if we go to court and win and JRM leaves town it would
be the best of scenarios. If we lose can we then ask him to put up a building and establish
guidelines. Jim answered he would have no incentive to do so. The BOH regulations
will give us more control over places like JRM and Kozazcki's farm. Dick asked if a
meeting could be set with Doug Packer and Brownie to answer some zoning and
conservation questions. Mike suggested inviting Don Bade from the Parker River Clean
Water Assoc. but that idea was discouraged. A meeting was set for Tuesday, March 2"d
at 6 p.m. at town hall.
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Jim also briefly touched on the Horden case. He advised that the two lot offer was still
on the table. The court case has been continued by Atty. Sheehan but the offer is still our
there.
At 8:20 p.m. the executive session was adjourned as moved by Selectman Joy and
seconded by Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
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EXECUTIVE SESSION
NOVEMBER 17, 2003
The executive session was called to order at 8:00 p.m. In attendance were the Board of
Selectmen, Richard Joy, Michael Doyle and Bruce Saunders;the Board of Health, Alba
Gouldthorpe,Elaine Byrne and Steve Fram and Counsel James Lagoulis. The purpose of
this session is to discuss pending litigation with JRM. A letter from Attorney McCarron,
representing JRM had been received offering to meet with the town officials and counsel
to talk about a compromise.
Jim Lagoulis noted that DEP had made visits to JRM to inspect the property and had filed
"non compliance" orders against them. Steve Fram asked how he would read between
the lines of this letter. Jim advised that he felt the town could win in court although we
have had little help from DEP and MVPC concerning our water resource areas. If a
compromise will help the town, we should look at it,but if it does not help the town we
should not pursue it. If we do reach a compromise it must be have very explicit controls.
Bruce Saunders said we must decide if we are interested. If we win the suit, we will still
have the junkyard. Discussion does not mean we will agree with terms. We must come
up with controls and standards that are enforceable. Mike Doyle noted if we could trust
them it would be fine but they have shown no good will to date. Steve Fram said if we
negotiate can we put restrictions on the property. Jim Lagoulis advised you can make
them do all the work inside a building, pave the parking area, agree to regular
inspections, etc. This might alleviate many of the issues. Alba Goldthorpe asked who
would supervise them. Jim advised that the Board of Health and DEP would.
Steve asked what do we get if we win in court? Will we still have a junkyard and can we
get him out of town? Jim answered, probably not. You are not going to achieve your
goal and will have to implement strict controls. If we give him anything, you cannot
assume he'll abide by your wishes, you will have to have strict controls. Alba asked what
if we say no and go to trial. Steve-it comes down to, do we want to negotiate or take our
chances in court. Bruce it appears they are not looking to be transfer station. Paragraph
#1 would be negotiable but without recycling materials. I think he is a business man
trying to salvage what he's got. I would be for attempting a negotiation but including
very strict enforceable controls. Jim- if you do that, all activities should be limited to
inside a building. Steve - I think there might be a way to make it work. Mike - Are we
going to allow recycling. Steve - no,require all trucks with refuse to be inside, no
recycling, no transfer station and maybe add something to our tax base. Mike - if he
increases the number of trucks out there it will be a bad situation made worse. I
recommend we hear what Senator Tarr has uncovered.
Dick Joy asked what happens if we win in court. What will we be rid of? Jim- only the
storing of trucks with trash on a more regular basis. Elaine Byrne stated he also takes
white goods. .Jim-have you seen the letter from DEP regarding white goods? DEP only
said violations were found and must be cleaned up. Dick- fines mean nothing to him. If
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we win he has a junkyard and a parking lot for trucks. Jim- you might hamper his
operation but you will not run him out of town. Elaine - we will have to harass him. Jim-
harassment is figured into his cost of doing business. Dick-these problems and violations
have been made public and he doesn't seem to care. Bruce- what we need are specific
regulations and rights of inspection. If violations are found we need teeth in the
regulations so they can be enforced. Dick- let's take it to court. If we lose, we'll be no
worse off than we are now and if we win he still won't go away. Mike -the Board of
Health can put restrictions in place. Dick-if we negotiate, can we get him to agree to strict
regulations? Jim-I don't know what he'll do, but all we lose is time. Dick-if we negotiate
we can control the situation, in court it is a coin toss. Mike - I think he has a connection
with DEP higher ups and the town will have to enforce any changes. I think we should
just go to trial and not negotiate. Elaine - my feeling is we should throw out the strictest
language and see what comes back. Steve - if we win in court I only see recycling
disappearing. Mike-we can fine him for violations but the town needs bylaws with
teeth. Steve -there are state regulations n place we can use. Jim- JRM is in the
'industrial zone'and you should be careful what you might get. Elaine - we have the
water overlay district which restricts the area somewhat. Bruce -right now the violations
are recycling white goods and parking vehicles which still contain trash. Steve - a permit
is not required to recycle but state regulations must be followed. Jim- it is not
enforcement of the laws but having trained agents to do regular enforcement. Dick- I
agree if the regulations are in place they must be strictly enforced. Mike - McGregor said
the Board of Health can regulate this business out of town. Dick- what do we have to
lose by meeting with them, let them lay out the situation and tell them what the town
wants from them including their participation in sharing in the cost of an agent to do
regular inspections. What if the court asks us to negotiate? Mike - We have an ACEC
situation out there. Dick- what is the down side to talking to them? Bruce -tight
controls, penalties and the rights of the town including sharing in the cost of enforcement
should be discussed. Dick- if he's legitimate and wants to run his operation properly he
should expect to spend 50 to�60K and be willing to share in our cost of enforcement. Jim
-the problem here is everyone is frustrated because JRM is still there. Elaine - why don't
we use the regulations that are in place and enforce them? Steve - if we want to get rid of
him why aren't we harassing them? Mike - McGregor suggested putting bylaws into
effect through the board of health. Jim-I have those bylaws and can send them to you
tomorrow. If the regulations are reasonable, he cannot claim harassment. You do need
probable cause. You can continue to harass but I don't think you will achieve what you
want and he won't just go away. Bruce - we should attempt a compromise with him.
Financial concerns will be the only thing that will move him out. It is all the cost of
doing business. If we negotiate we need to beef up our regulations specific to his
operation and then we may have a chance. Jim- if you want a meeting you should lay
out your wishes. He may not agree to a meeting. Dick- we are not dropping the court
case and the board of health can start enforcing their regulations. Steve -I think if we
win and he appeals, he can stay in business until the appeal is heard and that could take
many years. Jim- when JRM bought in Newbury they looked at zoning and uses in the
industrial district. The water protection bylaw was not in that section. Bruce -that bylaw
didn't exist when they first bought. It was put in when the Byfield Water District enacted
their well head protection. If there are any negotiations we need a sunset clause. We
cannot put off the court case. Steve -I am convinced even if we win we won't move him
out of town. Jim- I'll send the draft regulations for your review out on E-mail. We can
put together our guidelines and regulations as a response to Atty. McCarron's letter and
see if they are willing to meet and negotiate terms for the continuation of their business.
The executive session and meeting was adjourned at 9:15 p.m. by the Selectmen as
moved by Mike Doyle, seconded by Bruce Saunders and voted unanimously. The
executive session was adjourned by the Board of Health at 9:15 p.m. as moved by Elaine
Byrne, seconded by Steve Fram and voted unanimously. The Board of Health will
reconvene their business meeting in open session.
Respectfully submitted,
Kathleen Sirois, Secretary
EXECUTIVE SESSION
JULY 22, 2003
The executive session was called to order by Chairman Joy at 7:55 p.m. Chief Merry was
called upon to explain the nature of the criminal charges against Lt. Gary Clifford and to
confirm that Lt. Clifford had been indicted by a grand jury on those charges. Chief
Merry explained that on May 1, 2003 when Lt. Clifford was arrested, he had placed him
on administrative leave with pay. On July 9th, upon notification of Clifford's indictment
of nine counts of felony charges, he notified Lt. Clifford he was on administrative leave
without pay, not realizing that this should have been done by the Appointing Authority
which is the Selectmen. As this is the Selectmen's first meeting since the 91h, and based
on the charges, he recommended suspension. Lt. Clifford was asked if he had any
questions and he replied that at the suggestion of Counsel, he had no comments at this
time. Counsel Anderson was also asked if he had any questions of the Board and he
replied he did not. On the recommendation of Chief Merry and in accordance with
M.G.L. c.268, s.25, it was moved by Selectman Doyle, seconded by Selectman Saunders
and voted unanimously,to place Lt. Clifford on suspension without pay pending the
outcome of the case. At 8:05 p.m. it was moved by Selectman Doyle, seconded by
Selectman Saunders and voted unanimously to adjourn the executive session.
Respectfully submitted,
Kathleen Sirois, Secretary
EXECUTIVE SESSION
JULY 22, 2003
The executive session was called to order by Chairman Joy at 7:55 p.m. Chief Merry was
called upon to explain the nature of the criminal charges against Lt. Gary Clifford and to
confirm that Lt. Clifford had been indicted by a grand jury on those charges. Chief
Merry explained that on May 1, 2003 when Lt. Clifford was arrested, he had placed him
on administrative leave with pay. On July 9t'' upon notification of Clifford's indictment
of nine counts of felony charges, he notified Lt. Clifford he was on administrative leave
without pay, not realizing that this should have been done by the Appointing Authority
which is the Selectmen. As this is the Selectmen's first meeting since the 9`h,and based
on the charges, he recommended suspension. Lt. Clifford was asked if he had any
questions and he replied that at the suggestion of Counsel, he had no comments at this
time. Counsel Anderson was also asked if he had any questions of the Board and he
replied he did not. On the recommendation of Chief Merry and in accordance with
M.G.L. c.268, s.25, it was moved by Selectman Doyle, seconded by Selectman Saunders
and voted unanimously, to place Lt. Clifford on suspension without pay pending the
outcome of the case. At 8:05 p.m. it was moved by Selectman Doyle, seconded by
Selectman Saunders and voted unanimously to adjourn the executive session.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN-EXECUTIVE SESSION
March 12, 2002
The meeting was called'to order at 7:50 p.m. to discuss negotiations with Mike Reilly
representative of the Police Union and an amended proposal received from them. Chief
Merry was prgsent.
Chairman Tevald advised that disussions essentially have been about salary, sick days,
vacation and the Quinn bill. He stated that Newbury is the lowest on the salary scale for
p North Shore communities which was figured without the inclusion of Boxford which is
very high. The original proposal from the union was to bring Newbury to average
immediately. Our counter proposal was to use all three years of the contract to come to
average. The union countered with"up to average within 2 years". That is a reasonable
pace without trying to do'it immediately. A 4% COLA over three years projects to an
average of$22.47/hr. if Newbury were at average now. The top step in Newbury now is
$17.40 and the North Shore average is $19.98. When the numbers were crunched, we
came up with$19.09/1'year, $20.78/2°d year and $22.47/3`d
Selectman Doyle asked how we got to be so low. Chairman Tevald advised that there
was no answer to that. The contract is negotiated every three years and our last contract
was three years ago. Selectman Doyle said he feared these raises will reverberate
throughout the town. Fire'and town employees may be affected. Gene Case of the
Finance Committee says the town is in trouble this year as are all other towns in the area.
Selectman Tevald noted that the proposal will go to ATM floor and if not approved it is
back to the drawing board.', We can't afford not to at least bring the salaries up to average.
We spend money to train officers and they leave for better pay. Chief Merry stated that
Rowley and Merrimac also just caught up with their last contract. Mr. Adams agreed that .
we were not behind three years ago. The surrounding towns have caught up to the
average in the interim with their new contracts. We went through this about ten years
ago,he stated. Selectman Doyle asked how much it costs toget an officer.up and
running. Chief Merry stated approximately$5K with uniforms and firearms. Then there
is added training for certifications, 911, medical dispatch, etc. Some towns have had to
go to civilian dispatchers to'be compliant with the new regulations. It is cost prohibitive
to have to train all officers for dispatch.
Selectman Tevald opened up the changes to the original union request. 1. The wording
in the first paragraph of Article 7 (seniority of f/t officers)protects the two full time
officers now in the academy. Before there was no credit while in academy. It protects
against some one else being hired while in academy and gives credit toward seniority
while in the academy.. 2. Chief must furnish in writing reasons for transfer of employee.
Currently not in writing. The Board of Selectmen have the final word. "Involuntary
transfers" now done at the sole discretion of the Chief as he sees to be in the best interest
of the department. They can'then go the grievance(Board of Selectmen). 3. Article 9-
sick leave upped from 120 days to 180 days. I suggested we spread it over three years
(20 days each year up to 180 days in the third year). 4. Article 10-vacation time -we
negotiated the following: 1
After one year& less than 5 years 2 weeks
After 5 years& less,than 12 years 3 weeks
After 12 years 7 less than 20 years 4 weeks
Over 20 years 5 weeks
Vacation time cannot be carried over and must be used in the fiscal year. There is no
vacation buy out-use it or lose it. In accordance with the Fair Labor Act holidays count
as hours worked and the union wants vacation time to count towards hours worked. I am
open to suggestions. Do you have an opinion one way or the other. Chief Merry-it will
increase over time but I have no idea how much. They don't take extra shifts now
because of that. Selectman Doyle-if there is no abuse of the system, I think it is okay.
Chief Merry-reserve officers do not get benefits except for holidays. Chairman Tevald-
vacation days are not a big concession. Reilly says it is difficult for the Chief to fill shifts
and it looks like this will help the structure of the schedule. Chief-only full timers get
vacation. If allowed time and a half as opposed to regular time I may be able to fill the
shifts. 5. Article 13-Quinn Bill. The union wants the town to assure they will continue
with their 50% share even if the state abandons the agreement. The Chief noted that at
town meeting the people voted to support the 50%but would not be responsible for the
state's share and the union agrees that the town should not be responsible for the state's
share if they renege. The Selectmen agreed they had no problem with the Quinn bill.
6. Article 13, section 4 - increase in shift differentials. Union looking for 4%_for
evenings(now 2 1/2%) and 7%for midnight(now 5%). The Board had no problem
with this request. 7. Language relative to hours worked and distribution of o/t. The
association(union)wants more consideration than the reserve officers. Chief-all o/t
shifts are offered to reserve officers first because rates are lower. If we can't fill it
there then the decision must be made whether to not fill the shift or go to time and a
half. Tevald-the association wants to alternate between reserve and full time. We
negotiated a 2-1 ratio. Doyle-I'd rather let the Chief make the decision. Tevald-the
association wants a guarantee that for every shift offered to the reserves, one o/t shift
will be offered to full timers. Mike Reilly said they would be happy with a 2-1 ratio.
Chief-maybe this could be negotiated in the second year. One thing we have to watch
out for is people play games with a schedule like this. It has not been a problem in
thist"' Board-suggest we table this until 2nd year for re-negotiation. 8. Article 17-
increase compensation for details from$30 to $35. The town will actually benefit
because we get 10%of each check-a$35 detail is billed at $38.50 with a 10%
administrative fee added. Doyle-how about town details. Chief-if called a detail
must pay private rate. In the past a town job has been called a town assignment at the
current pay rate and paid out of the police budget. If the assignment requires a full
timer,they usually get time and a half anyhow. State law says you cannot have dual
rates. 9. Article 18 -to delete a clause from original contract(Clause F). This is fine
as it has no meaning anymore. 10. Article 19- longevity pay. It is proposed to be
1 the same as the town which would be a maximum of$750 after 15 years and
indefinitely. Clause "D was deleted which stated$1000 for over 20 years. The
board approved going to,$750,for 15 years and over(was maximum of$500). 11.
Article 20 -strike "academy trained" in the clothing allowance paragraph. If you are
5
in the academy,a clothing allowance should be provided. Reserves currently get a
clothing allowance. Board agreed to strike the clause.
Money articles-Article 13,'section 1 - Wages. Our strategy is that it is not feasible to go
to the average in the first year. I think it is agreeable to spread the increase over two
years and give them a full third year at the average. If we spread it over three years we
will probably fall behind again. Appendix A-proposed rate for Ft top step patrolmen
The average is in the*proposal not in the explanation. To bring it up to average in the first
year with 4%COLA would be$20.78/hr. Spread over two years,the first year would go
r from$17.40 to $19.69;2°d year with 4Q/d COLA would be $20.78 rather than$21.61 and
by 7/1/04 we will Have made up the difference and be at average of$22.47 for the 3'�
year(FY05). Chief-so right howthe top step is at $17.40(FY02),FY03 will be $19.09,
FY04 will be$20.78 and FY05_will be $22.47. My,budget proposal was higher than
what we have discussed so I am over budgeted at this time. My bottom line increase was
$102K or 11%., Doyle.=we will be talking about 9-10%. Chief-I know the FinCom is
crunching numbers-arePwe Wkuig a possible over ride?
Tevald-we used the same schedule for sergeants,the average notA being'at$23.68 and we
are at $21.04 The first;year would be $22_.91,second year$24.78 and third year$26.65.
This would catch us up to the average:at the end of the second year. Dispatchers were
proposed:at$14 02. We Fcountered at$13.55 for the first year, $14 35 second year and
f $15.16 the third'year: Reserve currently at$12 3 9/hr which is ahead o f the average.
r
They proposed$13.78 and we countered with$13 26 for the'first yeai, $14.13 for the
s. second year and$15 for the third year. Reserve dispatchers_and reserve patrohen are the
ramie (-81/2%)$12.61 first year, $13.1 l'econd year,and$13.63 third year'. it was
agreed to le that stand
Chief Merry I proposed to the FmCom that Sgt. Eiserman s wages be left in the budget.
I don't have'an. to fill his posrtlori at this time However,.I do need an investigator to
follow up my inexpenenced force I would like to`put someone into an investigators
. w- ti
position, maybe part tune and would like to tap these wages for this posirion.�I also
Y -.e . - . .
added a 0 dispatcher at-a rate of$29,217/yr.' I have not replace Kathy Spencer and the
x
desk shifts filled by full time officer's because no`reserves are available to work has cost
us$18,889 40 i overtone to date I have Had two people interview for this position-Peg
Olson and George Bulgaris and I thank we can save `some money by adding this fourth
77
position rather than paying overtone. I also have never`repiaced McCarthy Y.With White
and Eiserman gone I am going backwards The work load is heavier here than in Rowley
and they have 14 full^time offic rs. We have ten including myself and Andy: With the 4
and 2 schedule we need at least one more fulltime position to fill the roster. We now
depend on the reserves and they tell us when they can work:
, y k ,
: 4
' V
R a
Y
Doyle -According to Bernie your budget this year will be overdrawn about$5800. How
L much of that is the Quinn Bill reimbursement? Chief-the Quinn bill is about $18K. We
will have less of a deficit because we lost Eiserman. Also, because of the state of
emergency declared on 9/11 we may get some funds back. Uniforms for new officers
were an unforeseen expense. Tevald-there are a few ways to sell this budget on the
floor. The cost of public safety is not going down. The town does not usually fight the
police budget while they scrutinize all other departments. We've gone through the
association contract. Roger needs to rework his numbers. Maybe is we cut the sergeants
position to a patrolmen's position and utilize that for a part time investigator as a special
position it would work. Chief-I'll rework the numbers and direct them to the finance
committee.
The contract proposed by Andy Avelis was discussed. The documents could not be
located and Andy will be asked for a copy. The Chief advised that he had not yet put
together a contract. Tevald-the Chief and Andy are not formally under contract. They
tried with the last contract but their salaries were frozen and they only got the 3% COLA.
Basically they have gone along with the union contract as t vacation, sick days, over time
etc. Lieutenants are bumped $1 over sergeants. That keeps the lieutenants proportioned
with the sergeants. We need to address wages for the Chief and Deputy Chief I think
Andy's request was for just under 10% increase. Doyle-do we have comparison figures
from area chiefs? Chief-my base if$65K without the Quinn Bill and$71K with the
Quinn bill. Tevald-we'll have to get numbers from Kevin and speak with counsel to see
how we can meet to discuss budget matters other than in executive session. The meeting
was adjourned at 10:15 p.m. as moved by Selectman Doyle and seconded by Selectman
Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN' S MEETING
January '13 , 1998
Chairman Machiros opened the meeting at 7 :45 p.m. Selectman
Joseph S . Tevald was present .
Krystine Blankenship of the North East Regional Tobacco Education
Collaborative made a brief report to the Board on the results of their
retailers compliance check conducted in December . Newbury ' s compliance
rate dropped from 100% in August to 56% in December as four of our nine
stores sold cigaretts to minors . Federal FDA regulations require
retailers to ID any person who appears to be less than 27 years of age .
Ms . Blankenship advised that the FDA will be' doing spot checks and.
penalties are involved. when they find a non-compliant retailer . The
NRTEC teams believe the reason for the drop in compliance rates (which
was state wide) was the use of 17 year old buyers in place of 15 and 16
year olds . Chairman Machiros stated he would also be interested in the
age of the sellers . NRTEC will forward that info to the Board. Chairman
Machiros advised that the Board would speak with the retailers on a one-
on-one basis in hopes that town-wid.e compliance will improve next quarter .
The Board thanked. Ms . Blankenship for her report .
Installers permits were reviewed and renewed for the following :
R. B. Strong Septic System Services , Edw. J . Tramblay, Haynes & Sons ,
Charles E. Killam, Stuart Dalzell , Kevin. Greaney Materials & Trucking ,
David. W. Foley, J . Gallant Pool Co. , Sullivan Septic Service , and Richard
Briscoe .
A permit was granted to NET&T to maintain 151 feet for buried. cable
and one pedestal on Longbrook Road .
A request for use of the Upper Green ballfield on Tuesday and
Thursday evenings April thru September by the Old Newbury Clammers Softball
Team to host league games was approved.
A request for use of the Upper Green ballfield on Monday & Wednesday
evenings April thru September by Mr. Moe ' s Softball Team to host league
games was approved..
A new installers permit was approved for R. E. Johnson Construction Co .
of Westford, MA pending. Selectman Tevald ' s investigation of their
references . Selectman Tevald noted that the company is well reputed and
he foresaw no-.-problems .
I
General Business licenses were renewed for Parker River Trading Post ,
International Antique Mart , Apple Cider Press & Prints , Poor Richard' s
Barn , Ould Byfield Expo Tea Room, John Tiernan-Hanover Place , and. Byfield
Auto Center .
The following warrants were signed. by the Selectmen :
December 30 , 1997 W26 $32 , 152 . 70
PW26 36 , 723 . 75
January 6 , 1998 W27 34 , 189 . 87
3
Selectmen ' s Meeting (cont ' d) January 13 , 1998
January 6 , 1998 PW27 $26 ,268 . 02
The meeting was adiourned. at 8 : 10 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
January 27 , 1998
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 :
January 13 , 1998 W28 $ 98 , 816 . 13
PW28 36 , 782 . 11
January 20 , 1998 W29 369 ,350 . 52
PW29 30, 356 . 82
It was moved and seconded to release the Installers Permit for
R. E. Johnson. Construction Co. Selectman Tevald advised his investigation
showed the firm to be well reputed as he noted at the last meeting .
A one day special permit for the sale of alcoholic beverages for
Protection Fire Co. #2 for a function on February 7 , 1998 from 12 noon to
9 p .m. was approved. The fee was waived.
A request from Viking Gradventure for use of the Upper Green on
May 16 . (raindate May 17) for a craft fair was approved with the
stipulation that the responsibility for clean-up be designated and, no
campers be allowed on the Green.
On the recommendation of the Harbormaster , two appointments were
made to the Newbury Harbor Patrol - Charles H. Knight and Andrew C. Mullen
as moved by Selectman Adams and seconded by Selectman Tevald.
The following general business licenses were approved - Flukes &
Finds , The Heart of Byfield, Buddy ' s Books , Josette ' s ADZ and Loom. A
new license for CB Restorations was put on hold and a Class II Used Car
License for Rte 1 Auto Center was also held temporarily pending inquiry
into any limitations originally placed on this license .
Chairman Machiros reminded all apresent of Senator Ja.iuga ' s informat-
ional session on the Harbor Schools which will be tomorrow evening (1/28)
at 7p .m. at 'the Newbury Fire Station Memorial Hall with hopes that all
would attend .
The meeting was adiourned at 8 : 05 p.m.
Respectfully submitted.,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
February 24, 1998
Chairman Machiros opened the meeting at 7 : 30 p.m. Selectmen Joseph S .
Tevald and Alan I . Adams were present .
Chairman Machiros welcomed Cub Scout Troop #44. He presented the
scouts with 350th commemorative coins and copies of the Annual Report and
FY98 Warrants . He commended the parents and leaders for giving their time
and effort to such a worthwhile organization. Scouts present were : Alex
McDonald, Sam Brewster , Billy Dow, Chris Lofaro, Brian Thurlow, Brian
Fernald and Chris Blackwood.
A commendation was read and awarded to Gregory Harrison of Salisbury
who was responsible for saving two Newbury boys who had fallen thru the .
ice on a Hay St . pond on February 17th. A newbury flag was also presented
to him from the Board with their gratitude .
Chairman Machiros expressed the Board' s thanks and appreciation to
the men and women of the Police and Fire Departments for their professional-
ism at a recent Public Safety Meeting chaired by Senator Jajuga with
Senator Tarr and Representatives Stanley and Finnegan on the subject of the
Harbor School on Rolfe ' s Lane . We sincerely appreciate the efforts of our
Congressional representatives stated Chairman Machiros , unfortunately it
appears the case is going to litigation.
The Board nominated Carol Larocque , Madelyn Cirinna and Deborah Knight
as Inspectors of Animals . These nominations will be forwarded to the
Bureau of Animal Health for approval .
A proposal from the New England Chapter of Transplant Recipients
International Organization (TRIO) to include Newbury in their N. E. Coastal
Walk beginning in Portland, ME on April 19th and proceeding to Providence ,
RI was approved pending Chief Merry' s review. The group plans to cross
thru Newbury on Rte lA late in the afternoon of April 21st .
A one-day special permit for the sale of alcoholic beverages was
approved for Protection Fire Co. #1 for their Annual Fireman' s Ball at
GDA on March 7th from 6pm to 12 midnight .
A one-day special permit for the sale of alcoholic beverages was
approved for Anna Jaques Hospital Aid Assoc . for a Great Chef ' s Night at
GDA on March 20th from 6pm to 12 midnight .
A letter of resignation from the Police Reserves from Paul Croteau
was accepted with regrets .
Licenses were reviewed and renewed for the following businesses :
Volpone Towing , Atty May' s Beachcomber , Pheasant Meadow Farm, Byfield General
Store , Byfield Trading Co. , PITA Hall , Plumer Woodworking & Glass Co .
The month of March was proclaimed "American Red Cross Month" as moved
7
Selectmen' s Meeting (cont ' d) February 24, 1998
by Selectman Adams and seconded by Selectman Tevald.
The following warrants were signed by the Selectmen:
January 27 , 1998. W30 $ 83 , 723 . 22
PW30 29 ,986 . 74
February 3 , 1998 W31 35 ,470. 46
PW31 34, 665 . 47
February 10 , 1998 W32 31 ,403 . 11
PW32 30,322 . 26
February 17 , 1998 W33 463 ,918 . 71
PW33 26 ,968 . 67
The meeting was adjourned at 7 : 45 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
March 10, 1998
Chairman Machiros opened the meeting at 7 : 30 p .m. Selectman Alan I .
Adams was present .
A request from Cub Scout Pack #44 for use of the rear side of the
Upper Green (Handtub Lane) for a "bottle drive" on March 28th from Sam to
2pm was approved. The coordinator and scouts will be responsible for
clean-up of the area at the end of the event .
A petition article for the ATM warrant was accepted.
A proposal from the Newburyport Lions Club to extend the Yankee Home-
coming 10 mile roadrace course into Newbury (High Rd. to Rolfe ' s Lane to
Water St . ) was approved as moved by Selectman Adams and seconded by Chairman
Machiros . Chief Merry also expressed his approval of the proposal . Chairman
Machiros stated Newbury was happy to cooperate and would help in any way
needed. He commended all the volunteers for their time and efforts
expended to make Yankee Homecoming week the success it is .
The Board accepted a check from Media One in the amount of $1 ,079 which
represents the franchise fee due the Town under state law.
In accordance with Chapter 90, section 18 of the General .Laws , as
amended, Special Speed Regulation #7715 (Newman Road) was adopted by the
Board of Selectmen as moved by Selectman Adams and seconded by Chairman
Machiros . The speed limit set by Mass Highway for Newman Road will be 30mph.
Chief Merry advised if left unposted the speed limit would be 40 mph.
A Class II Used Car license was reviewed and renewed for Oulde Byfield
Expo Center .
On the recommendation of Chief Merry, Hayden C . Beckman Jr . was
appointed as a Reserve Police Officer thru 6/30/98 a' moved by Selectman
Adams and seconded by Chairman Machiros . It was acknowledged by Secretary
9
Selectmen' s Meeting (cont ' d) March 10, 1998
Sirois that Selectman Tevald had expressed his approval of this appointment
earlier in the day as he was unable to be in attendance for the evening ' s
meeting .
The question of late applications by clammers for commercial permits
was raised. The Selectmen agreed they would accept late applications on
a case by case basis .
The following warrants were signed by the Selectmen:
February 24, 1998 W34 $ 25 ,072 . 40
PW34 28 , 573 . 75
March 5 , 1998 W35 134, 821 . 84
PW35 32 , 898 . 75
The meeting was adjourned at 7 : 45 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
March 24, 1998
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 10 , 1998 W36 $114,485 . 47
PW36 30,395 . 08
March 17 , 1998 W37 342 , 193 . 58
PW37 28 , 605 . 58
W37A 846 . 00
An invitation to the Selectmen from thJ3 Quascacunquen Grange #236
for Mock Town Meeting on April 23 , 1998 at 7 : 30 p.m. was read and
accepted on behalf of the Town.
The resignation of Bruce Emerson as an Assessor effective April 1 , 1998
was accepted with regret .
On the recommendation of the Board of Assessors , Jospeh Cutrone of
Lenway Road, Byfield was appointed as temporary Assessor to replace Bruce
until the 1999 election at which time Mr . Cutrone may run for the remainder
of the unexpried term. Moved by Selectman Adams and seconded by Selectman
Tevald.
On the recommendation of the Historical Commission, Margaret Stokes ,
#7 4th St . was appointed a an associate member of the commission as a
Plum Island representative . Moved by Selectman Adams and seconded by
Selectman Tevald.
1.1
Selectmen' s Meeting (cont ' d) March 24, 1998
A request from the Byfield/Newbury Baseball League for use of the
Lower Green on Monday evenings 6-8 pm and the Upper Green on Friday evenings
6-8 pm beginning May 12th for T-ball , Kindergarten age boys and girls was
approved.
A request from the Byfield Village Association for use of the Byfield
School and Byfield Town Hall on June 6 & 7 for a cultural arts show was
approved, subject to proof of liability insurance being secured.
On the recommendation of the Conservation Commission, Worthen Taylor III
was appointed as an alternate member of the commission as moved by Selectman
Adams and seconded by Selectman Tevald.
General business licenses were approved for Marshview Farms , Pearson
Hardward, Art & Camera Custom Framing , Pert Lowell Company Inc . , and
JLM Design.
A request from the Parker River Clean Water Assoc . for use of the
Lower Green May 23 and 24 (raindate May 25) for the Annual Parker River
Festival was approved.
The meeting was adjourned at 8 : 15 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
April 14, 1998
Chairman Machiros opnend 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 24, 1998 W38 $ 61 ,488 . 21
PW38 34 ,424. 41
March 31 , 1998 W39 32 , 568 . 65-
PW38 29 , 820 . 18
April 7 , 1998 W40 200, 019 . 54
PW40 27 ,462 . 43
Selectman Tevald moved to reorganize the Board with a motion to
retain Angie Machiros as Chairman of the Board for the remainder of his
term. Selectman Tevald stated Angie has done a great job over the years
and you can' t argue with success . The motion was seconded by Selectman
Adams . Selectman Adams moved that Selectman Tevald remain as Clerk as his
daytime hours are move flexible. to allow him to work -on Board Matters ,
seconded by Chairman Machiros . ,
The warrant for the Annual Town Meeting of April 28th was reviewed
and signed by the Selectmen
13
Selectmen' s Meeting (cont ' d) April 14, 1998
Chairman Machiros advised that a public informational, meeting jointly
held with the City of Newburyport , Newbury and DEP will be held on April
23rd at 7p.m. .at the firehouse on Morgan Avenue for the purpose of
discussing the water/sewer line to P. I .
A request from SPNEA to allow a banner on the backstop advertising
their Draft Horse Plow Match was granted.
A permit from Essex County Gas Co. to open and excavate 4 Coleman Rd.
to install a new gas service was approved subject to Tim Leonards review.
A request for use of the Upper Green ballfield by the Christian
Community Softball League on Friday evening was approved except for the
weeks between May 12 and June 27 which has been previously granted to Newbury/
Byfield Baseball League .
Request for use of the Byfield Town Hall by Byfield Water District
for their Annual Meeting and Election on May 5th from 5 : 30 to 8 : 30 p .m.
was approved.
A request for use of Byfield Town Hall by Gospel Hall for their
Annual Bible Conference on May 23 & 24 was approved.
A request for use of the Upper Green Ballfield by Newbury Youth
Program Center for a softball game on Aug . 27th from 6-8 : 30 p .m. will be
passed on the the Old Newbury Clammers Softball League who has use of the
field for the season on Tuesday & Thursday evenings .
A request for use of the Lower Green by Triton U-14 soccer for
practices only on Monday, Tuesday and Thursday evenings from 6-8 p .m.
was approved except for Monday evenings from May 12 to June 27 which is
reserved for T-ball .
General business licenses were reviewed and renewed for Changes Hair
Design, Cheryl ' s Island Clip, Cross Statch Shop and Appleton Woodworking .
A new installers license was given tenative approval for Joseph
Cardillo of Wakefield, subject to Selectman Tevald' s review.
A new Class II Used Car license was given tenative approval subject
to the filing of a completed application and the Chief ' s review for
Brian Davies at 19 Central Street .
Acceptance of bids for road materials and equipment was extended to
noon on April 30 . . the bids received will be publicly opened and read at
. 3p ..m on the 30th.
Chairman Machiros advised a date will be determinded shortly after the
ATM for a public informational meeting on the Green Street intersection.
The meeting was recessed at 8 : 15 p .m.
15
Selectmen' s Meeting (cont ' d) April 14, 1998
At 8 : 20 p .m. Chairman Machiros reconvened the meeting . He expressed
the Board' s committment to the library project and reconstruction of the
adjoining ballfield. Tonight ' s meeting demonstrated a definite need for
additional playing fields he stated. Funds for additional fields will be
appropriated at the STM the end of June .
A request for use of the Upper Green on August 7 from 9-4 for the
J
purpose of holding a small carnival was approved for the Newbury Youth
Program Center under the direction of Mary Rogers .
The meeting was adjourned at 8 : 30 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
May 26 , 1998
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 14 , 1998 W41 $370 , 683 . 23
PW41 31 , 115 . 42
April 21 , 1998 W42 37 ,591 . 07
PW42 31 , 141 . 16
April 28, 1998 W43 52 ,41.9 . 46
PW43 30 ,288 . 85
May 5 , 1998 W44 35 , 604. 78
PW44 30 , 174. 02
May 12 , 1998 W45 378 ,053 . 52
PW45 30,233 . 64
May 19 , 1998 W46 33 ,450. 16
PW46 33 ,031 . 09
There being no one present for the opening of bids for roofing and a
chipper , the Board moved to delay the opOenings until after the informational
meeting on the closure of Green Street .
Chairman Machiros thanked all for coming to review the plans for
Green St . He introduced Norman Brown and Tom Cook of Millennium Engineering ,
who spoke briefly about the permanent changes proposed. The meeting was then
opened to questions , comments and suggestions from the public . (see insert
for public comments) At 8 : 35 p .m. Chairman Machiros thanked all for their
input . The priorities I 'm hearing , not necessarily in order of importance
seem to be : 1 . turn around at end of Green Street ; 2 . stop parking on
Hanover St . along right side beyond the lights ; 3 . possible synchronized or
delayed lights at High Rd. /Hanover St . , also possible extra lane for left
turns off High Rd. ; 4 . crosswalks on Hanover when road is resurfaced and
on High Rd. , recommendations to be made to Mass Highway; 5 . striping
Hanover St . especially the intersection of Green & Hanover; 6 . check with the
Bus Co. to see 1T an alternate service can be provided for Mrs . Powers day
care children. The informational meeting was ended and a five minute recess
was called at 8 : 40 p.m.
17
Selectmen ' s Me.eting (cont ' d) May 26 , 1998
At 8 : 45 p .m. the Selectmen ' s meeting was reconvened. Chief Merry noted
upon looking at possibilities for crosswalks , one from Green St . to the
front of the gas station might not be possible as the station occupies the
entire NW corner . A better solution might be to cross High from the park
to Morgan, cross Morgan to Town Hall and cross High past Town Hall to
beyond the gas station to continue northbound on High Rd. Chairman Machiros
stated all suggestions will be explored. Selectman Adams noted that a
turn-around at the end of Green St . sounds like a good idea if it is
possible . Also recommended was the addition of a second guard rail after
the plantings behind the backstop and along Hanover St . to provide a buffer
area for the children. Chief Merry stated his recommendation for the
safety of the general public would be the closure of Green St . at Parker
and posting that section "dead end'' ''no thru way" . It was moved by
Selectman Adams and seconded by Selectman Tevald to keep Green St . closed to
thru traffic from Hanover to Parker.
At 8 : 50 p .m. the bids for the DPW complex were opened, read and given
to the Building Inspector for his review and recommendation. The following
bids were received:
R.K. Anderson (W. Boxford) $15 , 575
Ayer Bros . (Newbury) $14. 260
James Mirages (Newburyport) $17 ,430
H.G.M. Co . (E. Lynn) $18 , 325
The bid for Trucking Services opened 5/11/98 was awarded to Pearson
Landscaping Inc . as moved by Selectman Adams and seconded by Selectman
Tevald.
Bids for construction of the composite landfill Liner opened on 5/20
were reviewed. Based on the recommendation of Port Engineering, the
contract was awarded to J . D. Hartnett & Sons of Newburyport as moved by
Selectman Adams and seconded by Selectman Tevald. The three bids received
were :
J .D. Hartnett & sons (Newburyport) $292 , 631
Mirra Co . Inc . (Georgetown) $333 ,090
WES Construction Corp. (Dedham) $409 ,475
At 9 : 15 p .m. the bids received for 12" diesel turbo brush chipper
were opened and read. Bids were received from Consolidated Utility Equip-
ment Services Inc . of Amherst , NH for two models : W/C19E Woodchuck @
$21 , 150 and .W/C17 Woodchuck @ $19 , 180 and Morbark of New England @ $20, 900 .
These bids and specs will be passed along to the Tree Warden for his
review and recommendation - to the Board.
A request for use of the Upper Green by the P. I . Mothers Assoc . for a
craft fair on July 25th was approved.
A request for use of the Byfield Town Hall by John Salter for a band
concert and dance on June 12th 7-10 p .m. was approved subject to proof of
liability insurance and the securing of a detail officer for the evening .
max .
INFORMATIONAL MEETING
May 26 , 1998
(Green Street)
At 7 :45 p.m. Chairman Machiros thanked all for coming to review the
plans for Green St . Norman Brown and Tom Cook of Millennium Engineering
were introduced and they presented a brief synopsis of their work with
Mass Highway and the proposed changes . The meeting was opened to questions ,
comments , and suggestions .
John Wall Is the intersection of Parker/High wide enough
2 Olde Town Way to allow both a left and a right turning
vehicle in the interesction at the same time?
Pat Wall Sidewalks on Hanover St . need to be extended
or repaired, especially around the Green.
Traffic at the lights during summer will
back up!
Norman We can propose to Mass Highway that a study
be done on timing of the lights
Dan Streeter A pedestrian access/egress should be considerec
3 Boston Rd. at the Parker St . end of Green to High/Parker
Laurel Kincaid Possibility of a crosswalk at the corner of
1 Parker St . Green/Parker to Town Hall?
Angie We will have to address this with Mass Highway
John Zannos How about a crosswalk from Green to the
3 Parker St . Citgo station?
Dan Breen Sidewalksr`needed both sides of High Rd .
2 Green St .
Dan Brown Will Green St . remain open to "abutters only"?
19 Parker St .
Angie Green St . not shut to residents . We ' ll ask
the Chief to look at changing the sign asap
Sylvia Lunt People pay no attention to signs anyhow. Had
16 Green St . seven cars pull into the street one night ,
five turned around in .my drive and one backed
all the way out .
Henry Rogers I welcome people using the Green, especially
4 Green St . the youngsters . I 'm against the "abutters
only" or "residents only" signage . The Green
should be available for all to use .
Dick Bazirgan I share Henry' s view but am sensitive to the
26 Green St . people who live adjacent to the Green. Would
it be possib le to install a small turn around
at the end of Green?
Joan Canning can we drive on Green St . between Hanover
9 Olde Town Way and Parker?
Angie yes , certainly
Chief Merry "abutters only" sign installed by SPS when
detours were put in place for bridge closing
The wording was not our choice but they were
free . Sign will be removed asap as it sends
an unfriendly message .
Bill Cooper Concerned about the dangers of crosswalk from
35 High Rd. the ballfield at lights-crossing the right
turn lane with the yield sign-cars do not stop
or even slow down. Perhaps it should be a
full stop?
Norman sometimes these problems are an enforcement
issue
Chief We might look at adding a second "yield ahead"
sign as a warning to drivers , however , most
Mass drivers don' t know what YIELD means ! !
It is a $100 offense to not stop for a person
in a crosswalk-yet drivers don' t stop.
Chuck Mead intersection of Green/Hanover-cars traveling
8 Hanover St . down Hanover turn left into Green without
stopping . Suggest heavy yellow line to show
two roads intersecting. Also, have we looked
at keeping Green 2-way and making it a left
turn only at the Parker St . end?
Chief we 've looked at it all ways-the problem isscuth
bound traffic on High Rd. turning into Parker
or Green and traffic trying to come out of
Parker onto High. Verne Noyes suggested a
low island at this intersection to keep
traffic in the correct lanes . I 've looked at
this intereection strictly from a public
savety perspective-not convenience .
Dede Bazir an cars used to barrel down Green onto Hanover .
26 Green U . I think this will be safer
Dave Foley I 've lived in town 40 yrs , 22 of them as a
11 Bittersweet member of the Fire -Dpt . and there are more
accidents at the lights than at Parker/High .
How about emergency vehicles?
Norman the planned mulch bed is to allow emergency
vehicles to enter-the opening will be 12 ' wide
Sylvia Lunt hope you will look at a possible turn around.
Who ' s going to care for the plantings?
Angie I 'm looking at the greenest thumb in town!
Sylvia Lunt I 'm getting too old-cannot continue doing it
Angie I will get help to keep it in shape
Cheryl Stuart I agree with D. Foley-intersection at the
8 Parker St . lights more dangerous
Joan Canning Maintenance is important-must keep the Green
looking nice
Mike Strout I am also a member of the Fire Dpt . Explain
72B Hanover St . where access for emergency vehicles will be
Norman A 12 ' wide mulch bed behind the trough
Tom Howard Concerned about Mrs . Powers day care - busses
65 Middle Rd. will not drop kids off on Hanover at Green
and they cannot come down Green. I 've had to
arrange to have my children picked up and
dropped off. I 'm also concerned about the
increased amount of traffic being forced onto
the Rte 1 rotary.
Angie I 'm not reading a lot of malcontent here .
Experience over the past year indicates this
is a better solution.
Alan Adams Once we are rid of the jersey barriers and
can beautify the area everything will look
better .
Dianna Fogel L also agree with D. Foley-interesction at the
Olde Town Way lights is dangerous because of the barriers .
Chief we have asked if the State can eliminate the
little island at the lights , but it houses
too many utility wires so it cannot be removed :
The telephone pole is Mass Electric property
and is a busy pole . However , Mass Electric
will look into the possibility of moving it .
Angie Perhaps a delayed light would work at this
intersection! This might be something the
State could do a study on for us . Mass Highway-
has been very helpful with this project
including visits to the site from the District
Director to help with the engineering .
Scheduled completion for this project is the
end of June
Frank McMahon Why not have a trial run and make Green one-
13 Hanover St . way for two weeks?
Chief Public safety concerns better answered by the
closure of that section of Green between
Parker and Hanover .
Joe Tevald Can we post the right side of Hanover at. the
Green to prevent parking especially now that
the softball season is in full swing? Road
very narrow with cars parked on both sides .
Chief My recommendation for public safety reasons is
to close Green St . between Hanover & Parker
making it a dead end-no thru traffic and to
consider tonights suggestions from the resident
Perhaps the guard rail and plantings might be
extended 20-30 feet on right from the lights
to prevent parking near the intersection along
the side of Hanover
Norman shouldn ' t present a problem-we ' re only talking
a few hundred dollars
Angie the priority' s I 'm hearing , not necessarily
in order of importance seem to be :
1 . turn around at end of Green St .
2 . cars parking on Hanover along right side
beyong the lights
3 . possible synchronized or delayed lights at
High Rd/Hanover St .
4. Crosswalks on Hanover when road resurfaced
High Rd. crosswalks to be referred to State
for consideration or study
5 . striping Hanover especially intersection of
Green/Hanover
6 . check with bus company to see if an
alternate service can be provided for Mrs .
Powers day care children
19
Selectmen' s Meeting (cont ' d) May 26 , 1998
A request from Boy Scout Troop #44 for permission to erect a small
storage closet beside the stage area at Byfield Town Hall was given
tenative approval subject to Chairman Machiros ' meeting with Dick
Cunningham at the hall .
A permit from Essex County Gas Co . to open and excavate Middle Rd.
for a new gas main to the new dorms and a new gas service from the street
to the dorms was approved.
The warrant for a Special Town Meeting on June 23rd at 7 : 30 p .m. at the
Newbury Town Hall to secure $1 . 8M in state funds for water to P. I . and
the subsequent election on June 30th was approved and signed by the
Selectmen and posted by Constable Dick Cunningham.
Builiding Inspector Brownie Taylor returned to the meeting after
reviewing the roofing bids . He recommended that the contract be awarded
to the low bidder , Ayer Bros . at $14, 260. It was moved by Selectman Adams
and seconded by Selectman Tevald to accept this recommendation .
The meeting was adiourned at 9 : 45 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
June 9 , 1998
Chairman Machiros opened the meeting at 7 : 40 p .m. Selectmen Joseph S .
Tevald and Alan I . Adams were present .
The warrant for a Special Town Meeting on June 23 , 1998 at 7pm at the
Fire House was approved and signed by the Board and posted by Constable ,
Dick Cunningham.
Chairman Machiros noted that there is considerable repair work to be
done on the Byfield Town Hall and he , with the help of Dick Cunningham
had drawn up a punch list . It was moved by Selectman Adams and seconded
by Selectman Tevald to proceed with the repairs as monies become available .
A letter .from the Byfield Fire Department announcing their plans to
build a new fire station near the corner of Larkin Road on Central St . -
to meet present and future needs was read. Also included was an offer to
allow the Town first refusal on the old facility pending an appraisal . It
was moved and seconded to pursue the - possibility of purchasing this property
and to help Byfield Fire with any permits necessary to bring their plans
to fruition.
A request for use of the Byfield town Hall for an EMT training class
on August 5th from 7-10 p .m. was approved for Byfield Fire Department .
21
Selectmen' s Meeting ,(Cont ' d) June 9 , 1998
On the recommendation of the Harbormaster the following appointments
were approved as moved by Selectman Adams and seconded by Selectman Tevald:
Harbormaster - Don Rowell
Lt . Harbormaster - Russell Stiles
Asst . Harbormaster - Glen Gavin, Bruce Poore , Andrew Avelis Jr .
Harbormaster Helper - Charles Knight
Reserves - David Thistlewood and Steven Chaisson
Deputy Emeritus - Andrew Avelis Sr .
A request for use of the Upper Green by the Community United Methodist
Church for a softball game and cookout on June 28th from 4-7 p .m was
approved.
The FY99 contract for public health nursing services from Home Health
Care of Gr . Newburyport was reviewed and signed as moved by Selectman Adams
and seconded by Selectman Tevald.
On the recommendation of the Tree Warden Ron Pearson the chipper bid was
awarded to Morbark of New England @ $20,900 .
A one-day special permit for the sale of alcoholic beverages for Ould
Newbury Golf Club on June 13th from 7pm to 12 midnight was approved as
moved by Selectmen Adams and seconded by Selectman Tevald.
On the recommendation of Chief Merry, the following appointments for
lifeguards for the 98 summer season were approved as moved by Selectman
Adams and seconded by Selectman Tevald:
Fulltime, - Sandra Sarney, Peter Saradjian, Margaret Leahy,
Kelly Ward, Sean Farmer , Corey Bethune , Neal Ernstrom
Parttime - Andrew Bernier , Darcie Britner and Erika McKenna
A permit from Essex County Gas Co. to open and excavate Elm St . from
$144 to #172 to install a new gas main and #144 to install a new gas service
was approved pending review by Highway Superintendent Tim Leonard.
�On the recommendation of Chief Merry the appointments of Thomas White
as Police Sergeant and Kathy Dow as Fulltime Police Dispatcher were
approved as moved by Selectman Adams and seconded by Selectman Tevald.
It was moved and seconded to appoint Joseph Cutrone as Asst . Wiring
Inspector. All other appointments will be carried over until reappointed
or replaced.
Chairman Machiros expressed his wish to pursue an opportunity with
Mr . Blackwell and M/M William Flynn to bring a golf course to Newbury.
An informational meeting with the neighbors and reports from Chief Merry
Planning , Conservation, and Building departments woudl first be essential .
It was moved and seconded by the Board to proceed to seek in it resolve
and take any action necessary to achieve a conclusion of this matter. The
first step would be to set up a meeting with the neighbors and them to
decide which direction to take - public or private . Chairman Machiros noted
that during his meeting with Mr . Flynn and Mr . Blackwell , Mr . Flynn
emphasized that most courses he designs are primarily left in their natural
state . Selctman Tevald corroborated that Mr . Flynn was known for being
23
Selectmen ' s Meeting (Cont ' d) June 9 , 1998
an environmentalist and carefull planned his courses around existing terrain.
The following warrants were singed by the Selectmen:
May 26 , 1998 W47 $157 , 630. 06
PW47 35 ,471 . 56
June 2 , 1998 W48 1 , 389 ,496 . 68
PW48 29 , 393 . 15
The meeting was adjourned at 8 : 20 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
July 14, 1998
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 9 , 1998 W49 $ 116 , 156 . 54
PW49 30 , 176 . 68
June 16 , 1.998 W50 55 , 807 . 72
PW50 27 ,482 . 68
June 23 , 1'998 W51 49 ,047 . 39
PW51 29 , 621 . 59
June 30, 1998 W52 53 ,946 . 43
PW52 41 , 124 . 94
W53 37 , 561 . 80
W54 16 ,214. 63
PW54 1 , 185 . 10
July 7 , 1998 W1 32 ,276 . 30
PW1 30 , 589 . 76
Commendations were read and awarded to Lt . Gregg Frappier and Sgt .
William Eiserman for exemplary performance of duty and service to the Town
of Newbury.
Appointments for FY99 were reviewed and approved by the Board as moved
by Selectman Adams and seconded by Selectman Tevald.
A one day special permit for the sale of alcoholic beverages for Ould
Newbury Golf Club for Friday, 7/17 from 7pm to 12 midnight was approved.
c
A request for use of the Upper Green for a crafts fair sponsered by
Viking Gradventure on Saturday 9/26 (raindate 9/27) was approved.
Requests for use of the Byfield Town Hall and Byfield School by the
Barn Tour Committee of -the Historical Society of Old Newbury for a supper
and silent auction on Sunday 9/27 from 4-6 : 30 p .m. were approved.
Licenses were granted to Sunee Goodman d/b/a Rosemary & Thyme to buy and
sell old things and Barry Davis d/b/a B.D. Automotive for a general
automotive business at 24 Midde -Rd. as moved by Seelctman Adams and
seconded by Selectman Tevald. Chairman Machiros abstained from the vote .
The license for Mr. Davis is subject to all restrictions and conditions
25
Selectmen' s Meeting (cont ' d) July 14, 1998
of the special permit issued on 2/26/86 and the variance issued on 11/17/94
by the ZBA for the property at 24 Middle Rd.
Permits to open and excavate 152 & 172 Elm St . to install new gas
services were granted subject to Tim Leonard' s approval . A permit for
78 Main St . for a new service was granted only with the stipulation that
the roadway not be cut and any excavation be done in the shoulder or
hogged under the road.
Larry Davis of 99 Northern Blvd. was recognized by the Board. Mr . Davis
questioned the veracity of Superintendent- Murphy and the legality of the
vote on the Triton addition. His concern being that Salisbury voted on a
different project than Newbury & Rowley. Chairman Machiros noted that
the final cost figures are still under negotiation and Superintendent
Murphy answers to the School Committee not the Town. Mr . Davis then
suggested the Town get rid of Moderator Dick Joy. Mr . Davis didn' t feel
Mr . Joy gave everyone a chance to speak at the last STM. He even hammered
you down and called for the vote , he said. Chairman Machiros stated that
he felt Dick does a fine job and if Mr .- Davis wished to depose him, he
should run for that position. Mr . Davis ' s next concern was a run-down
property at the corner of 36th and Northern Blvd. with an abandoned car in
the driveway. Chairman Machiros noted the Town has a similar situation on
P. I . Turnpike and would look into it immediately. The Board moved to
condemn these buildings if deemed unsafe or a public health threat .
There being no further old or new business the meeting was adjourned
at 8 : 20 p .m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN' S MEETING
July 28 , 1998
Chairman Machiros opened the meeting at 7 : 50 p .m. Selectmen Joseph
S . Tevald and Alan I . Adams were present .
On the recommendation of Chief Merry, John R. Luc.ey was appointed
fulltime patrolman for three years . Officer Lucey is a twelve year veteran
from Rowley and is Academy trained. The appointment was moved by Selectman
Adams and seconded by Selectman Tevald.
William King & Hayden Eaton were appointed to the Council on Aging Board
as moved by Selectman Adams and seconded by Selectman Tevald.
A request for use of the Upper Green as a 50 mile rest stop for the
North Shore Cyclists Century Ride on August 29 & 30 was approved.
A request for the release of the Town' s option to purchase property
being removed from Chapter 61A restrictions was taken under advisement by
Selectmen' s Meeting (cont ' d) July 28 , 1998 27
the Board. Property owned by Ruth & Paul Ryan at 137 High Road, Assessors
Map R32-2 . The Board is reviewing all such properties for prospective
ball fields .
The following warrants were signed by the Selectmen:
July 14, 1998 W2 $411 ,423 . 09
PW2 38 ,419 . 70
July 21 , 1998 W3 116 ,955 . 22
PW3 41 ,301 . 33
The meeting was adjourned at 8 : 00 p.m.
Respectfully submitted,
Kathleen Sirois , Secretary
SELECTMEN'S MEETING
August 11, 1998
Clerk Joseph S. Tevald opened the meeting at 7:35 p.m. Selectman Adams was present.
Two citations were presented by Senator Bruce Tarr to John R. Robertson III of Byfield
to honor a distinguished academic career and notable profession as a nuclear engineer
employed at Seabrook Station. The first citation was from the State Senate to commend
Mr. Robertson as recipient of the Chancellor's Medal for Student Service at the Univ. of
Mass. The second citation was Governor Cellucci to honor Mr. Robertson as recipient of
U-Mass College of Engineering Medal Award. Senator Tarr commended Mr. Robertson
as an outstanding young leader in his field. Congratulations were extended From Senator
Tarr and Selectmen Tevald and Adams. Mr. Robertson graciously accepted the citations
and commented, "I'm proud to be a Byfielder".
At 7:45 p.m. the legal notice for pole hearing, petition $654 dated 6/3/98 was read by
Selectman Tevald. There being no one present for or opposed to the petition due to the
untimely death of Jack Moynihan, representative of Mass Electric, the hearing was
closed and the matter taken under advisement. The hearing was reopened and the
petition was granted subject to there being no opposition as moved by Selectman Adams
and seconded by Selectman Tevald.
A new general business license was reviewed for Jerry Mullins d/b/a J. Mullins & assoc.
at 100 Newburyport Turnpike. Mr. Mullins submitted a summary of his business and
description of products and services to the Board. After a brief discussion the license was
granted. Mr. Mullins was asked to maintain the building and grounds and no outside
storage will be alowed. '
Under Chapter 61A,the Board agreed to release an option to purchase property(2.3
acres) from lot R18-1 (Assessors Map) at 176 Elm St., owner of record Gail Kochakian.
Moved by Selectman Adams and seconded by Selectman Tevald. No one in attendance
showed interest in the purchase of this property on behalf of the Town.
The following warrants were signed by the Selectmen-
a9
July 28, 1998 W4 $207,100.70
PW4 34,581.68
August 4, 1998 W5 87,248.65
PW5 35,536.71
The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
August 25, 1998
Chairman Machiros opened the meeting at 7:40 p.m. Selectman Alan I. Adams was
present.
The following warrants were signed by the Selectmen-
August 11, 1998 W6 $199,820.80
PW6 39,179.52
August 18, 1998 W7 418,437.02
PW7 35,584.32
Chairman Machiros noted that Monday evening's informational meeting at tl)p Fire
Station was well received and it was a pleasure to see both departments (Byfigld and
Newbury)working together. Selectman Adams directed Chairman Machiros�o work
with Fire Co. #2 and take whatever action is necessary to bring the Fire Co.'s plans to
provide emergency ambulance service to Old Town and Plum Island to completion.
Mike Strout representing Fire Co. #2 suggested Chairman Machiros meet next week with
Chief Leonard to iron out details.
The minutes of the 8/11 meeting were held for the next meeting due to:Selectman
Tevald's absence.
The warrant for the State Primary Election on September 15a'was reviewed and signed
by the Selectmen and will be posted by the Constable.
On the recommendation of the Historical Commission, Margaret Stokes was qp.pointed to
fill Paula Newton's term until 1999. Ms. Stokes was an Associate member of,tf, e
Commission.
A request from SPNEA to hang a banner on the Upper Green from 9/12 thru 9/�6 to
advertise their Family Harvest Festival was apprpveo,
News reporter Sean McNamara was wished God speed and good luck with the
continuation of his education. He will be returning to school next week. Chairman
Machiros stated, "it has been a pleasure worY449 Wj,�,h Y9W-
The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
3�
SELECTMEN'S MEETING
September 8, 1998
Chairman Machiros opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present.
The minutes of the 8/11 & 8/25 meetings were read and accepted.
Selectman Tevald reiterated his support for Protection Fire Co. 92's proposal to provide
emergency ambulance service to Old Town and Plum Island and made unanimour the
vote to take any action necessary to bring this plan to completion.
Chairman Machiros thanked the men and women of the fire,Police and Harbormaster's
departments called upon to work with traffic control due to a craft fair at the P.I. airport
grounds over the weekend. He apologized for any inconvenience to citizens and noted
that he had ordered a fire apparatus and ambulance stationed on the grounds in case of an
emergency.
Richard Passeri and Thomas Galligan were appointed to the Library Building Committee
and Kevin Blanchette to the Finance Committee(Associate member) as moved by
Selectman Adams and seconded by Selectman Tevald.
A one day special permit for the sale of alcoholic beverages by Ould Newbury Golf Club
on Saturday 9/12 from 6 p.m. to 12 midnight was approved as moved by Selectman
Adams and seconded by Selectman Tevald.
A request from Cub Scout Pack#44 for use of the Upper Green on Saturday, 10/24 for a
fund raising carnival was approved as moved by Selectman Adams and seconded by
Selectman Tevald.
The Chapter 61A release for property located at 137 High Road was continued under.
advisement.
A request from a home schooling group for use of the Byfield School two days a week
was taken under advisement until more information is obtained.
As a result of complaints made at the July le meeting, investigation was made and
procedures started to have an abandoned vehicle removed from property at 105 Northern
Blvd. It was voted by the Board to take action as said vehicle constituted a public
nuisance and could be injurious to public health and safety. A notice & Order will be
posted at this property by Constable Dick Cunningham.
A public hearing was set for October 13 at 7:30 p.m. for Protection Fire Co. #1's
application for a special permit to erect a new fire station on Central Street in a
residential/agricultural zone.
Chairman Machiros order"do not feed the ducks"signs to be posted around the pond on
the Green to discourage the wild ducks.
The following warrants were signed by the Selectmen-
August 25, 1998 W8 $226,200.76
PW8 36,491.59
September 1, 1998 W9 75,934.78
PW9 40,679.52
The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
33
SELECTMEN'S MEETING
September 22, 1998
Chairman Machiros opened the meeting at 7:30 p.m. Selectman Alan I. Adams was
present.
Lynn Ricketts of the Northeast Regional Tobacco Education Collaborative gave a brief
summary of the august compliance check on retail sales of cigarettes to minors.
Newbury scored an 88%with only one violation. Ms. Ricketts stated NRTEC is working
with the proprietor of this one business to educate their clerks and hopefully Newbury
will be at 100% during the next compliance check.
J. Michael Ward,Principal of Triton, Vice Principal Reilly and several members of the
Triton Student Council were present to submit to the Board information on a proposal for
a"no smoking policy"for Triton students on school property and the possible
designation of the Principal and Vice Principals as special BOH agents to enforce the
regulation and issue citations and levy fines. Mr. Ward explained that this policy will be
presented to the School Committee who will in turn ask the BOH to establish a"no
smoking regulation"and a fine for each violation. The Board noted they would look
favorably on such a request and thanked the students, Mr. Ward and Mr. Reilly for
bringing this information before then.
October 24 h was proclaimed "United Nations Day"as moved by Selectman Adams and
seconded by Chairman Machiros.
A thank you note from the North Shore Cyclists for use of the Green for their century
ride was read and accepted with appreciation.
One day special permits for the sale of alcoholic beverages were issued to Protection Fire
Co. #2 for October 3 from 1-6 p.m. and October 16 from 7-12 midnight(the fee was
waived) and to Ould Newbury Golf Club for September 26 from 1 p.m. to 12 midnight
and September 29 from 12 noon to 5 p.m.
Use of the Byfield School building by a home schooling group on Fridays from 12 to 6
p.m. was denied until such time as a definitive decision on the future of the building is
made by the Planning Board and necessary repairs are made to the building.
A request from the Newbury/Rowley Lions Club for use of the Upper Green for a craft
fair on Saturday October 10(raindate October 12)and a"road block" fundraiser at the
intersection ofRte. IA/Hanover/Rolfe's Lane were approved as moved by Selectman
Adams and seconded by Chairman Machiros.
A dog hearing was set for October 27 at 7:45 p.m. on the appeal of a restraint order
issued 8/20/98 to Mr. &Mrs. Kurt Reise of 88 Main St., Byfield.
Selectman Adams endorsed the Harbormaster's new 99 regulations raising the permit and
ramp fees to $30. This is only the second increase in ten year, he stated. It was moved
by Selectman Adams and seconded by Chairman Machiros to approve the new fees for
the 99 season.
The following warrants were signed by the Selectmen-
September 8, 1998 W10 $234,320.68
PW10 32,646.53
September 15, 1998 W11 415,638.69
PW 11 42,3 51.13
The meeting was adjourned at 8:05 p.m.
Respectfully submitted
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
October 13, 1998
At 7:40 p.m. a Public Hearing was held on the application of Protection Fire Co. #1 for a
"special permit"to erect a new fire station at 40-44 Central St. in a
residential/agricultural zone. The legal notice was read by Chairman Machiros.
Questions from the public were fielded by Lt.Tim Haynes of Protection Fire Co. #1.
When all concerns were heard the hearing was closed and the matter taken under
advisement. The hearing was reopened and Selectman Adams moved to grant the
special permit as presented, seconded by Selectman Tevald and voted unanimously by
Chairman Machiros. The hearing was closed at 8 p.m. and a five minute recess was
called.
A 8:05 p.m. Chairman Machiros opened the Selectmen's Meeting. Selectmen Joseph S.
Tevald and Alan I. Adams were present.
Bids for leachate collection at the landfill were read by Chairman Machiros and the bid
was awarded to the low bidder, Suburban Wastewater Services Inc. of Braintree at .081
cents per gallon.
A request for use of the Bvfeld Town Hall by the Great Meadow Farm Committee for a
meeting on November 16 at 7:30 p.m. was approved.
A request for use of the Byfield Town Hall by Newbury Girl Scout Troop#726 on
Thursdays from 3:15 to 5 p.m. was approved.
A request from the Newburyport home schooling group for use of the Byfield Town Hall
on Fridays from 12-5 p.m. was taken under advisement.
A one day special permit for the sale of alcoholic beverages by Protection Fire Co. #2 for
Saturday, October 17a'from 7 p.m. to 12 midnight was approved and the fee was waived.
The following warrants were signed by the Selectmen-
September 22, 1998 W12 $63,$27.52
PW12 34,547.94
September 29, 1998 W13 46,539,19
PW13 29,518.10
October 6, 1998 W 14 108,996.34
PW14 28,317.47
The meeting was adjourned at 8:25 p.m.
Respectfully submitted
Kathleen,Sirois, Secretary
SELECTMEN'S MEETING
October 27, 1998
Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S. Tevald and
Alan 1. Adams were present.
The legal notice for a tax classification hearing for FY99 was read by Chairman
Machiros. Worthen Taylor, Chairman of the Board of Assessors,recommended that the
town stay with a single rate as the percentage of industrial and commercial property is so
small. The proposed rate for FY99 will be $14, up approximately 75 cents from FY98
pending DOR approval, stated, Chairman Taylor. This increase is attributed to the
37
Selectmen's Meeting (cont'd) October 27, 1998
Elementary school expansion and over runs, the landfill bonds, and Triton's $30M
expansion. There being no questions or comments, Selectman Adams moved that the
hearing be closed. The hearing was reopened and Selectman Adams moved that the
recommendation of the Board of Assessors for a single rate be approved, seconded by
Selectman Tevald.
Chairman Machiros recognized Roger Thurlow of 87 Hanover St.,who raised a long
standing complaint against McDonald's Trucking at 90 Hanover St.,which is directly
across the road from the Thurlow house. He stated that in 1975 the operating hours of
this business were restricted to 6 a.m. to 8 p.m. Mr. McDonald disregards this schedule
and runs his trucks and heavy equipment all hours of the day and night. Mr. Thurlow
stated his family is unable to get a night's sleep. He also cited dust, dirt, pollution
problems and depreciation of the value of his property. Mr. Thurlow said he wanted to
work with the Town to resolve this problem but he and his neighbors have reached a
point of being very angry with this continuing situation. Mrs. Caroline Thurlow and Mr.
Gene Palumbo also expressed their anger with the situation. Chairman Machiros advised
that Counsel was working on litigation against McDonald. Unfortunately a recent
hearing had been postponed by the judge but the suit was ongoing. Mr. Palumbo was
asked to stop harassing the police with his constant calls because most of the complaints
are not enforceable offenses. We can't afford to make any mistakes that will jeopardize
our court case. Chairman Machiros asked Mr. Thurlow if he would be willing to sit with
Counsel and be the spokesperson for the group. Mr. Thurlow agreed and a meeting will
be set up within the next few days. Chairman Machiros stated while the Town has
Always tried to be business friendly,Mr. McDonald has been uncooperative. We must,
however, listen to Counsel so as not to waste the taxpayers' money in frivolous suit.
A one day special permit for the sale of alcoholic beverages was approved for Gregg
Pugh of O'Connors Ct. for an American Cancer Society benefit at PITA hall on October
31" from 7:30 p.m. to 12:45 a.m. pending receipt of a liability policy covering the event.
At 8:15 p.m. Chairman Machiros read a complaint for a dog hearing. Those wishing to
testify were sworn to tell the truth. ACO Carol Larocque reported on the incidents that
lead to a restraint order being placed on Blitz, a dog owned by Mr. &Mrs. Carl Reise of
88 Main St.,Byfield. She also introduced a letter from Albert Creighton who was bitten
by Blitz. Mr. Creighton was unable to attend the hearing as he was out of state on
business. Jarrett Dodge, age 13 of 20 Main St. testified to the events leading to his being
bitten by Blitz. The ACO stated that the owner,Mr. Reise has always been very
cooperative but from a public safety standpoint she felt strongly that Blitz should not be
loose. Mr. Reise testified he was not really a big dog person but had tried to do what was
best for his family's two dogs. He stated he did try to keep Blitz restrained but on
occasion he would get loose. He is only two years old and still acts like a puppy. I live
in"dog town"he stated and I know my responsibilities. I just don't want to be mandated.
The Board asked the ACO how she wished to proceed. She stated she felt strongly that
the restraint order should stand for the safety of the public but would go along with the
Board's recommendation. Selectman Adams moved to close the hearing and take the
matter under advisement. The hearing was reopened. Chairman Machiros stated that
town policy has always been to restrain or order disposed any dog who bites and I do not
feel this dog should be loose. Blitz was ordered permanently retrained as moved by
Selectman Adams and seconded by Selectman Tevald. Chairman Machiros stated we can
review this situation in a year's time to see if any changes are warranted. The ACO was
asked to take Mr. Reise into the Selectmen's office to explain the order and to answer any
questions. The hearing was closed at 8:30 p.m.
It was moved and seconded to appoint the following persons to a Harbor School
Neighborhood Committee: Todd Gustafson, Richard Capolupo, Peter Winslow,
Sgt.Wm. Eiserman and Chief Roger Merry; alternates are Olivia Winslow and Deputy
Chief Andrew Avelis Jr.
Selectmen's Meeting(cont'd) October 27, 1998
3�
The warrant for the State Election on November 3, 1998 was signed by the Selectmen and
will be posted at the close of the meeting.
A hearing date of November 100'was set for Ould Newbury Golf Club on their
application to change the classification of their liquor license from Club Wine&Malt to
Club All Alcohol.
A request from the Newbury Library to close off Lunt St. on October 2e at 4 p.m. for
approximately 15 minutes for a"horribles parade"from the Byfield School t the Library
was approved.
The following warrants were signed by the Selectmen:-
October 13, 1998 W15 $ 31,067.17
PW15 61,867.92
October 20, 1998 W16 32,540.68
PW16 415,867.50
The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
November 10, 1998
Clerk, Joseph Tevald opened the meeting at 7:40 p.m. Selectman Alan I. Adams was
present.
At 7:45 p.m. the legal notice for a public hearing on the application of Ould Newbury
golf Club to change the classification of their liquor license from"club wine& malt"to
club all alcohol"was read by Selectman Tevald. Appearing in favor: Richard Varney,
President of ONGC and Stanley Baker, Vice President. Mr. Baker noted that the club has
been in existence approx. 36 years and over the years there has been no problems with
their license. However, each season for their functions they request one-day special
permits for the sale of alcoholic beverages 15 or 16 times. For the convenience of the
club and their members they would like the ability to offer a cocktail, especially at
functions. Selectman Adams asked if the club normally closed for the winter. Mr. Baker
stated the normal season for the club was the 1'`week of April thru mid November,
weather permitting . Selectman Adams questioned the hours of bar service. Mr. Baker
stated functions usually end at midnight, 1 a.m. would be the latest. Selectman Tevald
asked if the granting of this license would cause any physical changes in the plant. No
changes would be required. Selectman Tevald asked where liquor is served. Mr. Baker
stated beer and wine is currently served at a concession stand in the clubhouse and it
would remain the same—no changes anticipated. Selectman Tevald noted the club was
also asking for a change of managers. Mr. Baker submitted a completed Form A asking
that John Reilly replace Ralph Johnson who is getting on in years. Mr. Reilly has been
running the concession stand for several years stated Mr. Baker. Selectman Tevald
advised that the town will need a copy of the club's liability insurance showing increased
coverage for an all alcohol license. Selectman Adams asked about the seating capacity of
the club for functions. Mr. Baker stated approx. 80 persons. A tournament usually has
64-68 participants. Selectman Adams asked about the normal closing time if there is no
function. Mr. Baker said the club would be open til dark approx. 9 p.m. Selectman
Tevald asked if a limit on the hours of service on the license would be a problem. Mr.
Baker replied, no, would the Board consider 10 p.m. reasonable and 1 a.m. for functions.
Selectman Adams stated the Club's track record has been good over the years. I move to
close the hearing and take the matter under advisement; seconded.by Selectman Tevald.
The hearing was reopened and Selectman Tevald moved that the classification and manager change remain
under advisement until the next meeting so that the full board can vote. At that time if the club had their
liability insurance policy in place it would be helpful. The hearing was closed at 8 p.m.as moved and
seconded.
Selectman Tevald read the legal notice for bids on a computer network system for Town Hall. Two bids
were received and opened: Retrofit @$32,366.36 and JMK Systems Solutions Inc.@$32,332.50.
Selectman Adams moved to take the bids under advisement for review by the town accountant,seconded
by Selectman Tevald.
A general business license for E.J.Ouelette of 4 Silvermine Road was denied for clarification as moved by
Selectman Adams and seconded by Selectman Tevald
A request from Cub Scout Pack#44 for use of the cement pact adjacent to the Green for their annual bottle
drive on November 14'h from.Sam to 12 noon was approved
Under Chapter 61A,the Board agreed to release an option to purchase property at 137 High Road,owner of
record Ruth D.and Paul S.Ryan(Assessors Map R32-2)as moved by Selectman Adams and seconded by
Selectman Tevald. No one in attendance showed interest in the purchase of this property on behalf of the
Town.
On the recommendation of the Town Clerk the Board moved to take any action necessary to put into effect
the purchase of an Accu-Vote Optical Scan Tabulating System in time for the 99 town election.
On the recommendation of the Town Clerk,the Board moved to review the fee schedule for permits and
licenses for 1999. Schedules submitted by the Clerk will be taken under advisement for review until the
next meeting.
A request for use of the Woodbridge School as a collection and distribution center by Martha Arias for the
collection of food,clothes and toys on December 4 h and the distribution on December 7-12 was approved,
as moved by Selectman Adams and seconded by Selectman Tevald.
The following warrants were signed by the Selectmen:
October 27, 1998 W 17 $356,537.14
PW17 32,408.32
November 3, 1998 W18 38,071.87
PW 18 29,049.74
The meeting was adjourned at 8:10 p.m
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
NOVEMBER 24, 1998
Chairman Machiros opened the meeting at 7:40 p.m..Selectmen Joseph S. Tevald and Alan I.Adams were
present.
The Board briefly discussed a recommendation from the Planning Board for future use of the Byfield
School as a"arts center". Chairman Machiros noted that an estimated$500,000 would be needed for
repairs and renovations. It was moved and seconded to request the Planning Board,in conjunction with the
Byfield Village Association develop an RI+P for the Byfield School. The Woodbridge School will be kept
for Town use,Chairman Machiros stated
It was voted unanimously to recommend the reclassification of the Ould Newbury Golf Club liquor license
from"club wine and malt"to"club all alcohol". It was stipulated that the standard closing time would be 9
p.m. and upon notification of a special function,the closing time would be extended to 12 midnight. It
was also stipulated that alcoholic beverages would be sold and served only in the clubhouse and would not
e allowed on the golf course. Also approved was a"change of manager"for the club. John Reilly will
replace Ralph Johnson. These recommendations will be forwarded to the ABCC for final approval.
Christmas on the Green will be celebrated Sunday,December a at 3:30 p.m the NES band and choir will
perform,Santa will visit and refreshments will be served-
Town offices will be closed on Friday,November 27".
On the recommendation of the Town Accountant,the bid for,a computer network system and software for
Town Hall was awarded to JMK Systems Solutions Inc.of Ipswich as moved by Selectman Adams and
seconded by Selectman Tevald
On the recommendation of custodian Ed Carpenter,a new bathroom and sink will be installed at Byfield
Town HAIL
YJ
The following warrants were signed by the Selectmen:
November 10, 1998 W19 $52,336.53
PW 19 44,094.21
November 17, 1998 W20 394,074.89
PW20 38,229.85
The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
DECEMBER 8, 1998
Chairman Machiros opened the meeting at 7:40 p.m Selectmen Joseph S.Tevald and Alan I.Adams were
present.
The following warrants were signed by the Selectmen:
November 24, 1998 W21 $.51,278.66
PW21 33,926.95
December 1, 1998 W22 538,321.11
PW22 45,390.25
Liquor license applications for 1999 were reviewed and signed by the Selectmen for the following
establishments,-
Buddy's Restaurant,Old Town Country Club Inc.,Ould Newbury Golf Club,Corner Cupboard,
D&J Liquors,PJ's,Dick's Variety,Mr.Moe's;Byfield General Store,Atty.May's Beachcomber,Newbury
Convenience,and Island Steamers Inc.
The Board reaffirmed their commitment to the purchase of voting machines for the Town. Chairman
Machiros stated;we would like to have these machines on line for the May election.
A letter of thanks from Troop#44 was read and it was noted that their offer of help with Town projects
would certainly be accepted when needed.
There will be no meeting on December 22°d. The meeting was rescheduled for December 294`.
The Board wished all a"VERY MERRY CHRISTMAS".
The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
DECEMBER 29, 1998
Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S.Tevald and Alan 1.Adams were
present.
The following warrants were signed by the Selectmen:
December 8, 1998 W23 $188,990.40
PW23 42,091.24
December 15, 1998 W24 469,119.11
PW24 33,301.30
December 22, 1998 W25 55,331.32
PW25 36,818.37
Chairman Machiros recognized Mr.Ross and Mr.Loring from Hay Street who spoke on behalf of their
neighbors regarding the train whistles. Chairman Machiros noted that there were two methods for
requesting whistle ban for the town
1. 'request a hearing with the MBTA here in Newbury if possible
2. referendum vote at an Annual Town Meeting
Mr.Ross stated they would work on a petition by the next meeting. The Board moved and seconded to
proceed with a request for a hearing upon receipt of this petition.
Licenses were reviewed and renewed for the following:
Federal Auto Repair,US#1 Auto Marine,Special Interest Autos,R.J.Kelly Olde Byfield
Management 7 Supply,Highline Auto,Linda's Home Salon,Deb's Place,Karen's Dog Grooming,
Colonial Coiffures,Longfellow Hill Beauty Shop,Cheryl's Island Clip,Newbury Hair Design,A Newbury
Setting,Ginny Moore's Parking Lot,Williamson Parking Lot,P.I.Enterprises,Viliane Parking Lot,Mr.
Moe's, B.D. Automotive,Fernald's Marine,Olde Newbury Boat Co.,Tolman Automotive,Noyes Citgo,
A.L.Prime Energy,Riverfront Marine Sports,Volpone Towing,Checkoway Oil Co.,Wilco Marine
Restorations,Diamond Marine,Pearson Hardware,Henry C.Becker,Newbury Gallery,Bird's Nest,R.J.
Kelly Int'1 Antique Mart,Poor Richard's Bam,Apple Cider Press&Prints,Milestone 35, High Tail Acres,
The Heart of Byfield,Peter Story,Josett's Adz&Loom,Byfield Flower Shoppe,Ould Newbury Golf
Club,Byfield General Store,PITA Hail,Main St.Mini Mart,D&J Liquors,Oulde Byfield Export Tea
Room,Atty.May's,Atty.May's Beachcomber,Haven JI,Wheelhouse Parking,Newbury Butchery,The
Plum Inc.,Island Steamers Inc.,Parker River Trading Post, Steve's Service,Corner Cupboard,PJ's.
A request from Essex County Gas Co.to open and excavate I I I Main Street for a new gas service was
approved subject to Tim Leonard's supervision of the work.
A hearing date of January 26, 1999 at 7:45 p.m was set for a liquor license transfer from Scott Dehetre
d/b/a Buddy's Restaurant to LDJ Restaurant d/b/a/Buddy's Restaurant.
A moment of silence was requested as a tribute to Sally Bardsley,second grade teacher at the Newbury
Elementary School who passed away on Christmas Eve. Mrs.Bardsley will be long remembered for her
service to the children she taught and will be sorely missed.
The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JANUARY 12, 1999
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:
December 29, 1998 W26 $43,300.83
PW26 29,278.51
January 6, 1999 W27 91,509.88
PW27 29,361.30
Brendan O'Reagan,Superintendent of-the Newburyport Sewer Department spoke briefly to the Board and
residents of South Pond Street regarding the potential costs of conversion from septic to sewer as private
citizens vs.municipal costs. He also stated that the project could take two to three years to complete.
Chairman Machiros asked for input from the residents. Josie Pothier, 17 S.Pond,stated she would like to
Town to develop a sewer system like Salisbbury. Don Batchelder, 15 S.Pond noted his small lot would
probably not sustain an upgraded septic system. He would be interested in hooking into Newburyport if
Newbury offers no alternatives. Ray Merrick, 12 S.pond raised the question of where existing systems
may be leaching and if the adjacent pond is being polluted. Wm. Ackley offered an easement thru his
property along the rear of the neighborhood if it ouwld make tie-ins easier. A lift station would also have
to be located somewhere in the neighborhood. Jim Geanoulis, 13 S.Pond questioned the availability of
State or Federal funds to help offset the costs to the residents. Chairman Machiros stated he didn't know of
any grants at this time but would certainly look into it. There may be funding or new alternative systems
that are cost effective that come available in the proposed 2-3 year waiting period. Ultimately,.each
household is responsible for their own septic system. If the residents are able to connect to the
Newburyport system,Newbury will incur the costs of breaking up the newly repaired road and in the
meantime the pond will be checked for possible pollution. Although this sewer project may be several
years away,the town will make every effort to assist by investigating options. Selectman Tevald noted that
property values usually increase with a tie in to t sewer system. Any new septic systems installed at this
time would probably be state of the art due to the topography of the area,,he said Chairman Machiros
thanked the residents for their input.
A petition akking for a train whistle ban was accepted from Misters Ross,Loring,Kress and Fecteau. The
Board will forward this to the MBTA thru Counsel asking for a hearing to be held in Newbury. Failing
this,the noise pollution concern can be presented as an article at town meeting.
The following licenses were reviewed and renewed: Class IT-Byfield Auto,Route#1 Auto Center,John
Tiernan Hanover Place,Angie's Service Station;Class III-Newbury Auto Sales;General Licenses-Angie's
Service Station,Flukes&Finds,Buddy's Books,Newbury CorrVetuence,Store,Noyes Enterprise,AGJ
Woodcrafting&Woodworking,JLM Design,Dick's Variety,Macl%itlla'S,F:Thurlow Brown Books,
Norbeck Sterling,Mae Atkinson Antiques,Walton's Auto Lab, Surfland Bait&Tackle,Rainbow Carpet
Cleaning,. Chairman Machiros abstained from the vote on Angie's Service Station&AGJ Woodcrafting.
A new license for Mobile Storage Group, Inc. d/b/a A.E.L. Trailer Sales was approved
with a request for a 20-25 foot setback from the road and some improvements to the front
of the property by planting trees or bushes.
A moment of silence was held for Larry Gravelle who passed away on January 6t1'.
Chairman Machiros states, "Larry was very dedicated to the community and will be
greatly missed".
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Kathleen Sjrois, Secretary
SELECTMEN'S MEETING
JANUARY 26, 1999
Chairman Machiros opened the meeting at 7:30 p.m. Selectman Joseph S. Tevald was
present.
The following warrants were signed by the Selectmen-
January 12, 1999 W28 $65,848.14
PW28 38,574.27
January 19, 1999 W29 487,825.02
PW29 41,611.08
Charlie Eicher, Project Coordinator for Essex County Sportsmen's Assoc., announced the
receipt of a grant from the Commonwealth of Mass Riverways Program for work on the
Larkin Road Fishway thru DMF in conjunction with their"Fishway Stewardship
Program". Mr. Eicher also introduced two boy scouts,Eddie Cave and Brandon Ivone,
from Troop 15 who were in attendance to observe the meeting for credit towards a merit
badge.
At 7:35 p.m. the legal notice was read for a liquor license transfer from Scott Dehetre
d/b/a Buddy's Restaurant to LDJ Restaurant d/b/a Buddy's Restaurant. Appearing in
.opposition-no one. Appearing in favor-Diane&James O'Neil and Scott Dehetre. After
a brief discussion, it was moved and seconded to approve the transfer with the following
restrictions:
1. Liquor to be served only with food
2. Operating hours to be 8a.m. to 1lp.m. Hours to be reviewed in 90 days for
possible la.m. closing.
A request for use of the Upper Green ball field Monday and Wednesday evenings april
thru August by Mr. Moe's was approved.
A request for use of the Upper Green ball field Tuesday and Thursday evenings April
thru August buy Old Newbury Clammers was approved.
The 1999 Clam Regulations were reviewed and accepted as moved by Chairman
Machiros and seconded by Selectman Tevald.
A request from the Library for use of Byfield Town Hall on Wednesday,February I&
for a puppet show was approved.
A one-day special permit for the sale of alcoholic beverages for Protection Fire Co. #2 on
Saturday, February a from 4p.m. to Ia.m. was approved. The fee was waived.
Under Ch. 6 1 A the Board agreed to release their option to purchase two lots on Elm
Street, Assessors Map R22-11 (owner of record David S. Caldwell Corp.) as moved by
Selectman Tevald and seconded by Chairman Machiros. No one in attendance showed
interest in the purchase of these properties on behalf of the Town.
T
Edward J. Ouelette of 4 Silvermine Road withdrew his application for a general business
license. He stated, however, he does operate a home occupation, music lessons and
recording studio, employing two persons part time. He was advised that all lessons must
be inside-no outside noise and he should check with the Zoning Enforcement Officer for
rules and regulations governing a home occupation.
Larry Davis noted that the house at 105 Northern Boulevard looks better. The old car has
been removed and an`unsafe building"notice has been posted. He again questioned the
vote on Triton's proposed addition. He was advised that this information would have to
come from the School Committee.
On the recommendation of the Board of Assessors,Frank(Bud)Kelly of School Street
was appointed to the Board to complete Larry Gravelle's term as moved by Chairman
Mahciros and seconded by Selectman Tevald, subject to Selectman Adam's approval.
Mr. Kelly will run for the elected position in May.
The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
FEBRUARY 9, 1999
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-
January 26, 1999 W30 $62,315.77
PW30 33,717.00
February 2, 1999 W31 45,603.70
PW31 29,148.82
A one-day special permit for the sale of alcoholic beverages was approved for Protection
Fire Co. #1 for their annual Firemen's Ball at Governor Dummer Academy on Saturday,
March 13, 1999 from 6p.m. to 12 midnight. The fee was waived.
A one-day special'permit for the.sale of alcoholic beverages was approved for Anna
Jaques Hospital Aid Association for Great Chefs Night at Governor Dummer Academy
on Friday,March 26, 1999 from 6 p.m. to 12 midnight.
General business licenses were reviewed an renewed for the following: Ice Cream Cove,
Pheasant Meadow Farm,and Byfield Trading Co.
On the recommendation of Chief Merry,two dispatcher/matrons were appointed—Peggy
Olsen of Rowley and Dawn Gettman of Newburyport.
A letter to the Secretary of DTE requesting a hearing on the sounding of the train whistle
at Newbury crossings was signed by the Selectmen and will be forwarded along with the
$100 filing fee.
The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
5
SELECTMEN'S MEETING
FEBRUARY 23, 1999
Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S. Tevald
and Alan I. Adams were present.
The following warrants were signed by the Selectmen-
February 9, 1999 W32 $ 87,646.03
PW32 35,776.01
February 16, 1999 W33 768,514.85
PW33 29,482.32
The legal notice for RFP's for the reuse of the Yellow School in Byfield was read by
Chairman Machiros. One RFP was submitted from the Byfield Village Association. It
was turned over to Betty Bear Collins of the Planning Board for their review and
subsequent recommendation.
March was proclaimed American Red Cross month in the Town of Newbury by the
Board and a signed proclamation will be forwarded to the local Red Cross Chapter in
Newburyport.
It was moved by Selectman Adams and seconded by Selectman Tevald to nominate Carol
Larocque as Inspector of Animals for the period March 1999 to March 2000. This
nomination will be sent to the Bureau of Animal Health for approval of the appointment.
A check in the amount of$500 was accepted with thanks from the Society of the
Companions of the Holy Cross whose summer home is Adelynrood on Elm Street in
Byfield. This donation will be placed in a fund for future use by the Town.
A request for permission to close Lunt Street for the day between the Yellow School and
the Methodist Church for the Byfield Day celebration on June 191'was passed on the
Chief Merry for his determination. The Board offered to supply jiffy johns for this
celebration.
Mr. Mark Friery, new owner of Island Steamers on Plum Island submitted an application
for a beer& wine license for the restaurant. A hearing date of March 91' was set.
At 7:50 p.m the legal notice for bids on"optical scan voting equipment"for the Clerk's
Office for elections was read by Chairman Machiros. One bid was submitted from LHS
Associates of Methuen,MA. It was moved by Selectman Adams, seconded by
Selectman Tevald and voted unanimously to accept this bid of$12,500 for the purchase
of two machines as per specifications.
A request for use of the Byfield Town Hall by the Newbury Library on Tuesday, March
9�h at 3 p.m. for a Mother Goose Program for the younger children was approved.
Nancy Kilty of Annapolis Way raised the issue of dogs running unattended on Plum
Island. Chairman Machiros stated the Town has tried time and again to institute a leash
law but it has historically been denied. ACO Carol Larocque was requested to firm up
some loop holes in the current regulations to see if better control can be maintained over
dogs at large. These changes will be presented at Town Meeting in April.
The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
1
SELECTMEN'S MEETING
MARCH 9, 1999
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 an application
for a"wine& malt" license for the Plum Island Grille formerly Island Steamers at 2 plum
Island Boulevard. Appearing in opposition—no one. Mark Friery, new owner, advised
that upon application to the Secretary of State to register the Corporation name (Tsunami
Corp.)it was found to already be taken. Therefore,the corporation name will be Plum
Island Grille Inc. d/b/a Plum Island Grille. Chairman Machiros noted that the ABCC
may look upon this as a discrepancy in the legal notice but the Town will hold the
hearing and submit the determination to ABCC for the restaurant located at 2 Plum Island
Blvd. Hours requested to be the same as for the previous establishment. Deck to be
permanently closed in with one entrance only thru the restaurant. There will be no
entrance directly to the deck from the parking lot. Selectman Tevald stated this would
accomplish two things—no one leaves with liquor and no one hands liquor out to the
parking lot. Chairman Machiros suggested Mr. Friery speak with the neighbors to advise
them of his plans. Selectman Adams moved to close the hearing and take the matter
under advisement, seconded by Selectman Tevald. The hearing was reopened and
Selectman Adams moved to grant the license as presented, seconded by Selectman
Tevald and voted unanimously. Chairman Machiros advised that the hours may possibly
be adjusted in the future if the performance is good.
At 7:45 p.m. the legal notice was read by Chairman Machiros for a public hearing on the
upgrade of a liquor license for Ould Newbury Golf Club. This hearing was a technicality
to satisfy the requirement of ABCC that abutters be notified. No one was in attendance
wither for or against the license. Selectman Adams moved to close the hearing and take
the matter under advisement, seconded by Selectman Tevald. The hearing was reopened
and Selectman Adams moved to support the Board's decision of November 10, 1998
approving the upgrade from Club wine& malt to Club all alcohol, seconded by _
Selectman Tevald and voted unanimously.
A one-day special permit for the sale of alcoholic beverages for Governor Dummer
Academy for a reunion on Saturday, June 2"d from 12 noon to 12 midnight was approved.
On the recommendation of the Harbormaster,Michael Burke was appointed as a
Harbormaster Helper for a six month probationary term.
Thomas M. Foley was appointed as an Assistant Plumbing and Gas Inspector as moved
by Selectman Adams and seconded by Selectman Tevald.
It was moved by Selectman Adams and seconded by Selectman Tevald to pursue the
proposed water line and/or water/sewer line to Plum Island in conjunction with the City
of Newburyport and to authorize Chairman Machiros to take any and all actions
necessary to bring the project to fruition.
The following warrants were signed by the Selectmen-
February 23, 1999 W34 $120,512.10
PW34 34,372.16
March 2,1999 W35 105,030.47
PW35 31,350.39
The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
MARCH 23, 1999
Chairman Machiros opened the meeting at 7:35 p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present.
A request by Newbury Cub Scout Pack 44 for use of the Handtub Lane concrete pad for a
bottle drive on April I& from 8 a.m. to 12 noon was approved.
A new license for an antique salvage business at 151 Main St. for John Isgur d/b a
Nor'east Architectural Salvage was approved after Mr. Isgur met with the Building
Inspector to discuss regulations governing a home occupation. Hours of operation will be
weekends from 10 a.m. to 5 p.m.
Selectman Adams moved and Selectman Tevald seconded the motion to continue with
negotiations for land for a centrally located ball field and to prepare an article for the
Town meeting warrant.
The Board accepted a check in the amount of$1,119.50 from.Media One which
represents their 1998 franchise fee to the Town.
Planning Board member Betty Bear Collins advised the Board of the Planning Board's
recommended acceptance of the proposal from the Byfield Village Assoc. for reuse of the
Byfield School bulding. Many details still need to be worked out she stated,but the
Association seems confident they can make it work. Chairman Machiros directed the
Planning Board to continue to work out the details and draw up a lease with the aid of
Counsel and he advised that funding must be in place prior to the onset of any work on
the building.
The following warrants were signed by the Selectmen-
March 9, 1999 W36 $46,995.60
PW36 33,126.34
March 16, 1999 W37 393,466.22
PW37 36,259.83
The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
APRIL 13, 1999
Chairman Machiros,opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present.
A new license application was presented to the Board by Tracy Vynorius d/b/a Olde town
Tack. The new shop to be located at 74 Newburyport Turnpike. As this is a permitted
use at that location, it was moved by Selectman Adams and seconded by Selectman
Tevald to approve the application. Ms. Vynorius was advised to check with the Building
Inspector regarding signs for the business.
The warrant for the Annual Town Meeting was signed by the Selectmen and will be
posted by a Constable.
A request for use of Byfield Town Hall by the Newbury Library for a puppet show on
Friday, April 23`d at 6:30 p.m. was approved.
Chairman Machiros advised that renovations had begun on the downstairs bathroom and
floors at Byfield Town Hall and a sink and counter will also be installed.
The appointment of Russell Gibson U.S.A. Retired, as Graves Officer was approved as
moved by Selectman Adams and seconded by Selectman Tevald.
A letter from Worthen(Brownie)Taylor Jr. announcing his resignation as Building
Inspector effective April 30a'was accepted with deep regrets. Worthen Taylor III who
has received his certification will take his Dad's place as Building Inspector. Worthen
Taylor Jr. will remain as Assistant Building Inspector.
A request for use fo the Lower Green by Parker River Clean Water Assoc. for the Parker
River Festival on May 22"d, raindate May 23`d, was given tentative approval subject to
clarification of the sponsoring group.
A request for use of the Upper Green by the Newbury Youth Program on Wednesday,
July 74' and Monday, August 23rd from 9 a.m. to 2 p.m. for field day activities was
approved. A request for the Upper Green ball field for a softball game on Tuesday, July
13 will be directed to the Old Newbury Clammers Softball Group who have 1'`claim on
the ball field on Tuesday evenings for the summer months.
A request from S.P.N.E.A. to hand a banner on the back stop of the Upper Green to
advertise their Draft Horse Plow Match was approved.
A thank you letter was read from Cub Scout Pack#44 for use of Handtub Lane for their
bottle drive.
An invitation from the Quascacunquen Grange for Mock Town Meeting on April 22"d at
7:30 p.m. was accepted with appreciation
A new installers license was approved for John Thornton d/b/a Rockland Contracting Co.
of Georgetown was approved.
A request for use of the Byfield Town Hall May 21-23 by Gospel Hall for their Annual
Bible Conference was approved.
A general business license was renewed for Aries Sports&Bikery.
Possible uses for the old library building were discussed. Proposals will be accepted by
the Selectmen. The building must be demolished or moved prior to completion of the
new building.
The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
MAY 25, 1999
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 13, 1999 W41 $ 59,565.45
PW41 35,110.79
April 20, 1999 W42 409,236.71
PW42 38,082.18
April 27, 1999 W43 80,028.55
PW43 31,586.39
May 4, 1999 W44 39,583.40
PW44 28,166.15
May 11, 1999 W45 $457,136.61
PW45 34,985.92
May 18, 1999 W46 58,953.58
PW46 31,401.44
Avery Woodworth, 19 Downfall Road, Byfield appeared on behalf of Charles Zaher of
Lowell to request an installers license for Mr. Zaher for a one time installation on his
property on Downfall Road. Selectman Tevald took the application under advisement so
that he might check Mr. Zaher's references prior to issuing the license.
On the recommendation of Selectman Tevald a new installers license was approved for
Daniel Sullivan d/b/a Sullivan Excavating Inc. of Kingston,NH.
A general business license was approved for Michael Strout at 89B Hanover Street.
Zoning Enforcement Officer, Brownie Taylor stated that the business met the required
zoning at that location.
On the recommendation of the Harbormaster and with the approval of Selectmen Adams,
the following appointments were approved for FY2000—
Chief Harbormaster—Donald E. Rowell
Lt. Harbormaster-Robert Bishop
Assistants—Bruce Poore,Matthew Kimball,Michael Burke
Harbormaster Helper—Charles Knight
Reserves—Glenn Gavin,Russell Stiles, Andrew Avelis, Jr.
Deputy Harbormaster—Roger Merry
Deputy Harbormaster Emeritus—Andrew Avelis Sr.
On the recommendation of Chief Merry lifeguard appointments for the summer season
1999 will be—Full time-Andrew Bernier,Darcie Britner, Andrew Cote, Sean Farmer,
Graham Ledwell, Paula Reed Peter Saradjian, Kevin Stomski,Kelly Ward, Catlyn
Williams—Part time-Jason Ryder
Planning Board members and Warren Manter appeared before the Board to discuss
options for open space and ballfields. Bruce Saunders asked for further clarification of
the plans for the proposed fields on the corner of Rte. 1 and Boston Rd. Chairman
Machiros explained the details of the P&S and noted that the property must meet the
approval of the Conservation Commission and proceed to the State before being
presented to the voters. Mr. Saunders stated his board supported the proposed fields but
they were also working with Mr. Manter who had deeded a 9 acre lot (Lot G)in
Fatherland Farms to the Town to be developed as a Little League field. The Planning
Board also has been looking at a 66 acre parcel on Central St. owned by Manter as an
option to developing Lot G. Mr. Manter agreed to hold off on Lot G Temporarily until
other options are explored. A discussion ensued on the pros and cons of each area and
the Boards agreed to continue to work with each other and the citizens of Newbury to
explore all possibilities.
The meeting was adjourned at 8:55 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JUNE 8, 1999
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—
May 25, 1999 W47 $ 36,841.21
PW47 31, 765.61
June 1, 1999 W48 $1,021,087.50
PW48 30,621.97
Under Chapter 61A the Board agreed to release their option to purchase 14.1 acres at 161
High Road (Assessors Map R32-14), owners of record Arthur and Mary Ellen Evans, as
moved by Selectman Adams and seconded by Selectman Tevald. No one in attendance
showed interest in the purchase of these properties on behalf of the Town.
As recommended by the Historic Commission, the Board granted approval for the Town
of Newbury to be included in the Essex National Heritage Area subject to clarification by
Patsy Brown, Chair of the Historic Commission.
A permit was granted to Essex County Gas Co. to open and excavate 78 Main Street,
Byfield to install a new gas service.
Two new licenses were approved for Edward J. Ouellette d/b a Pine Island Music
Resource at 98 Newburyport Tpke. and Brandon Kelly d/b/a Stor-U-Self Storage at 12
Kent Way.
One day special permits for the sale of alcoholic beverages were approved for Ould
Newbury Golf Club for June 1 la' from 5 p.m. to 12 a.m., June 13t' from 12 p.m. to 7
p.m., and June I from 5 p.m. to 12 a.m.
At 8 p.m. the legal notice for the"lay out"of Courtney Drive'was read by Chairman
Machiros. Letters from the Planning Board and the Highway Superintendent were
entered into the record. Speaking in opposition to the acceptance of this road by the
Town were Jean McCarthy, 5 Courtney Dr.;M/M Paul Bitchell, 2 Courtney Drive;M/M
Gary Greco, 3 Courtney Drive;M/M Richard Morin, 4 Courtney Drive. The Board
advised these residents that they should address their concerns to the Planning Board and
the Developer Mr. Hill. The hearing was closed and the matter taken under advisement.
The hearing was reopened and Selectman Adams moved that Courtney Drive not be
accepted at this time, seconded by Selectman Tevald. The Selectmen will draft a copy of
the hearing and present it to the Planning Board so they may address the issues of the
residents. The hearing was closed at 8:25 p.m.
Bernard Halupowski was appointed as Town Accountant and will begin his duties June
10 for a six month probtionary period.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JUNE 22, 1999
Chairman Machiros opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present.
The Conley family of 10 Maple Terrace addressed the Board with their concerns of short
time parking,the traffic pattern and pedestrian safety at the Elementary School. They
stated they felt they had exhausted their options with school officials. They asked that
signs and the parking pattern be re-evaluated. Chairman Machiros advised the Conleys to
contact their school committee representatives and try to reach some resolve thru them.
Chief Merry agreed to assign an officer to help with traffic control at the end of the
school days. Too many students are picked up,he commented and the only way in and
out is Walton Avenue. The Board agreed to work with the school committee and police
department to try to relieve some of the problems.
Ellen Weitzler of Neve Assoc. in Topsfield reviewed the designs for the new wastewater
treatment plant at Triton with the Board. Work is scheduled to begin in approximately
six weeks, she advised.
The Board accepted a check in the amount of$98,417 from the Treasury for Federal
Wildlife lands in Newbury.
Two one-day special permits for the sale of alcoholic beverages for Fire Protection#2 for
June 28th from 6p.m. to 10p.m. and July 2nd from 7p.m. to la.m. were approved. The fee
was waived.
A request from Buddy's Restaurant to extend operating hours was put on hold until
Selectman Tevald can address some concerns with the owner,Diane O'Neil.
Chairman Machiros advised that litigation against Castleberry Fairs will be filed in
Lawrence Superior Court on Monday, June 28th.
The following appointments for counselors for the Summer Recreation Program were
approved as recommended by Director, Ed Suprin:
Senior Counselors-Marion Christenson, Corey Morrison, and Jennifer Locke
Junior Counselors-Ryan Bartlett, Jeff Magner, Lyndsay Thomson, Jessica
Murphy, Sharon Smart, Adelle Lilly, Keira Clemenzi and Elena Grillo
Alternate-Christopher Sargent
The following appointments for part time lifeguards for summer 99 were approved as
recommended by Chief Merry:
Neal Ernstrom, Thomas Wetmore, and Leigh Ferrara
It was moved by Selectman Tevald and seconded by Selectman Adams to carry forward
all other appointments until the next meeting.
Chairman Machiros noted that a group of citizens had filed an appeal with DEP on the
proposed ball field. He read the appeal and a letter from the Sportsmen's Assoc.
regarding their concerns about this location. Doug Packer of the Conservation
Commission addressed some of the concerns and stated that the notice of intent was done
well, mitigating measures were addressed and there were very few wetland issues. We
need playing fields for our kids and while I respect the hunters, I would rather hug a kid,
stated Chairman Machiros. He urged all citizens to come to the Town Meeting on the
29tr' and get their facts straight.
The meeting was adjourned at 8:55 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JULY 13, 1999
Chairman Machiros opened the meeting at 7:45 p.m. Selectmen Joseph S. Tevald and
Alan 1. Adams were present.
On a complaint received from Kathleen Elliott of 36 Central Street, a dog hearing was
set for July 27th at 7:30 .m. for Larry Rogers of 27 Central St.,who maintains a kennel at
that location.
Mrs. Alba Gouldthorpe of 7 P.I. Boulevard advised the Board that 70 P.O. boxes had
been placed on Olga Way. She stated she had spoken with Mr. Cantwell the Postmaster
in Newburyport who agreed to move them if a more suitable place could be found. Mr.
Cantwell will be called to see if a resolve can be reached and a new location can be
found.
Mrs. Gouldthorpe also advised the Board that a person was charging a fee for parking in
the Town lot on Olga Way. This lot is posted "by permit only"and is for residents with a
Town sticker. Chairman Machiros asked the Chief if the proper signs were posted. Chief
Merry stated the signs were okay but he wasn't sure everyone knew what"by permit
only" meant. Chairman Machiros advised that the police should monitor the lot more
closely. He also suggested the town might look at fixing up this lot and perhaps make
some money for the Town, as parking is at a premium on the island.
A permit to open and excavate S. Pond Street at Graham Avenue from Essex County Gas
Co. was denied. This road is newly paved and cannot be excavated.
A permit to open and excavate 54 Elm Street from Essex County Gas Co. to install a new
service was approved.
An Installer's license was approved for John Travers d/b/a Travers Excavating of West
Newbury.
A one-day special permit for the sale of alcoholic beverages for Ould Newbury Golf Club
on Saturday, July 174' from 4 p.m. to 12 midnight was approved.
Appointments for the Police Department were approved as presented for FY00. A three
year on-goint appointment was approved for Tim Leonard, Highway Superintendent as
moved by Selectman Adams and seconded by Selectman Tevald. All appointments were
approved as presented for FY00.
Selectman Adams expressed his disappointment that the proposed ball field was defeated
at town meeting. The kids will be the losers, he stated. We were charged with finding
locations for ball fields, we located a property that was centrally located and did the best
we could. I'm disappointed that the people were not willing to look at the merits of the
location. Selectman Tevald thanked Chairman Machiros personally for his efforts and
the exhaustive work he did locating and planning the proposed fields. I am also
disappointed that the people who would benefit most from these fields were not there to
support it, he stated. Contrary to the wishes of the Sportsmen's Assoc. this land will be
built on, he noted. Whether it is homes or businesses will be determined at a later date by
the owners. Margaret Leahy offered her help to the Board to find locations for fields. I
was opposed to the Rte. 1 location, not the need for ball fields, she stated. I would be
opposed to any location that involved wetlands. The Board thanked her and took her
offer under advisement.
Steve Mangione of 21 14t' St. reported that there has been a lot of activity around a
trailer owned by Novak at 19 12 St. Mr. Novak has been observed installing new bath
and kitchen fixtures. He also brought the temporary power line into the trailer and has
installer a well point. Most recently Mr. Novak has been digging under the trailer' Mr.
Mangione stated he was very concerned that Mr. Novak was trying to occupy the trailer.
The Assessors card states"no power, no water and no septic"he advised. Brownie
Taylor, Building Inspector stated that he had visited the site several times and had
advised Mr. Novak orally and in writing that any work on the property would require
proper permits. Chairman Machiros stated that he was aware of Mr. Novak. The Board
moved to proceed to make Novak comply with all permits,building, wiring, plumbing
and Title V. Brownie and Doug Packer will be kept informed of any work being-done at
this location. The other Inspectors will also be advised to watch the property. Mr:
Mangione was asked to call any time he saw activity at the property even•at strange hours
or weekends when Mr. Novak seems to appear.
The following warrants were signed by the Selectmen:
July 13, 1999 W2 $47,849.53
PW2 36,936.88
W54 24,886.47
July 20, 1999 W3 446,868.39
PW3 34,405.66
W55 5,874.66
The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JULY 27, 1999
Chairman Machiros opened the meeting at 7:35 p.m. Selectmen Joseph S. Tevald'and
Alan I. Adams were present.
Richard Passeri addressed the Board regarding the recent bid for the Library Building
General Contractor. -The low bidder was Construction Solutions Inc., of Amesbury at
2,099,488, he advised. Their qualifications and references have been thoroughly
investigated and the committee feels very comfortable with awarding the bid to them.
Based on this recommendation, Selectman Adams moved to award and authorize the
signing of a contract with Construction Solutions Inc. for the construction of the new
library, seconded by Selectman Tevald. The Library Building Committee was also
authorized to approve and execute change orders increasing or decreasing the value of the
contract. The contract when signed will be submitted to Counsel for review of form and
content.
At 7:40 p.m. the legal notice for a dog hearing was read by Chairman Machiros. All
persons wishing to testify were sworn to tell the truth during the proceedings. Kathleen
Elliott and Craig Pearson of 36 Central St. brought the complaint against Larry Rogers of
27 Central St.,whose hounds bark constantly day and night. Mr. Rogers is licensed to
house a 10-dog kennel at this Central St. address. Elliott/Pearson who recently purchased
their home claimed the barking has disrupted their lives and jeopardized their jobs
because they cannot sleep. They stated neighbors had reported that the problem has been
ongoing for years but they have been reluctant to complain in fear of retaliation from Mr.
Rogers. Sharon Thistlewood and Michael Shaw of 33 Central St. concurred with Ms.
Elliott and Mr. Pearson. Chief Merry stated that after a recent increase in complaints
from residents, a citation for disturbing the peace had been issued to Mr. Rogers. It may,
however, take up to six weeks to be heard in court, he stated. W. Rogers did not try to
deny any of the allegations. He stated he currently had six dogs and 8 4'x10' kennels.
Atty. Sandman, representing Rogers stated that Mr. Rogers recognizes he has a problem
but he also has rights. The ACO was asked for an assessment of the situation. She stated
she was called there a lot. It seems to be an ongoing situation that is getting worse. She
agreed that the neighbors needed some relief. The problem is with the location of the
kennel, she stated. They are too close to the neighbors houses and any activity around the
kennels set.the dogs off. 'It was suggested that the kennels be moved to the rear of the
property but there is residential property adjacent to this location. A sound barrier similar
to those used to deaden highway noise was also suggested. Chairman Machiros asked
W. Elliott is she would be willing to work with Mr. Rogers, Atty. Sandman and the ACO
to reach some resolve. She stated she or Mr. Pearson would work with them. Selectman
Adams moved to close the hearing and take the matter under advisement, seconded by
Selectman Tevald. The hearing was Ireopened and Selectman Adams moved that the
neighbors, Mr. Rogers, Atty. Sandman and the ACO work toward a solution and report to
-the Board within two weeks, seconded by Selectman Tevald. (Transcript attached)
Chairman Machiros advised that Tim Leonard, Highway Superintendent had beenasked
to survey the Island to try to find a new location for the cluster mailboxes located on Olga
Way. _Postmaster Cantwell had been informed and was very receptive to an alternative
location if found.
A request was approved for a phot sheet on Newman Road by Polestar Productions. A
police detail will be required.
A request from Protection Fire Co. #2 for a"boot drive"for Muscular Distrophy at thi
High Rd; lights on August 1't from 8 a.m. to 2 p.m. was approved.
The Home Health Care contract for FY00 was approved at an annual fee of$4,053.
A one-day special permit for the sale of alcoholic beverages was approved for Ould
Newbury Golf Club for July 3 1" from 4 p.m. to 12 midnight.
It was moved by Selectman Adams and seconded by Selectman Tevald to establish a
Public Safety Committee to include the Police Chief, Fire Chief, Building Inspector, and
ROGERVELLIOTT
Dog hearing
July 27, 1999
At 7:40 p.m. the legal notice was read by Chairman Machiros. All persons
wishing to testify were sworn to tell the truth during these proceedings.
Chairman Machiros advised that the hearing was run as easy as possible. We
are here to try to solve a common problem, he stated.
Kathleen Elliott of 36 Central St. stated they had purchased their home
about 6 months ago. There were told the area was a good place to live and
raise a family. It is not a good place, she stated with dogs barking
constantly. We've called the police and the ACO and nothing is done. We
cannot sit on the deck or open windows. Our bedroom is on the second floor
and the sounds seem to be amplified. When we reach the breaking point we
call the police. Our neighbors have told us that this has been going on for
years and no one seems to do anything-about the problem. I have nothing
against Mr. Rogers, I just want him to be more considerate. All the
neighbors agree but they are afraid to make waves. I cannot plan a family
the noise is just too bad. The police complaints go back to 1993. Some
neighbors will not come forward because they are intimidated.
Sharon Thistlewood of 33 Central St. concurred that Ms. Elliott was not
exaggerating. The barking is really bad.
Chairman Machiros noted that recently a citation was issued to Mr. Rogers
for disturbing the peace.
Chief Merry stated they were going the summons route and it will take up to
six weeks to be heard in court.
Ms. Elliott stated that 27 7 29 Central St. were owned by Mr. Rogers. #27
is an apartment house and #29 is a trailer. When people come and go the
dogs are disturbed. When kids are there and they are jumping on the
frampoline in front of the kennels the dogs go crazy. Also loose dogs running
around cause the caged dogs to bark and run around the kennels. A travel
Alt
trailer arrived last weekend and caused more commotion. The trailer is gone
now but caged dogs-bark.
Mike Shaw (33 Central St.) stated he works nights from 7pm to 9am and
cannot sleep without putting on the dryer and air conditioner to drown out
the dogs. I don't know if they are cared for but they bark 16-17 hours a day
he stated.
Ms. Thistlewood said she tried to talk to Mr. Rogers and was told that he
would get more dogs if they didn't like it.
Craig Pearson stated he spoke with some neighbors and they told him not to
try to approach Mr. Rogers. Once when the police were called they were
reluctant to rouse Mr. Rogers because they would have to wake the tenants
to get to Mr. Rogers in the basement of the house. We have spent a lot of
money on our house and don't want to have to sell it but this situation is
unbearable
Thistlewood - Mr. Rogers is breeding the hounds so there are more of them
all the time.
Pearson - Mr. Rogers has a lot of land, couldn't the dogs be moved away from
the houses or a sound barrier be erected.
Chairman Machiros - have you talked with Mr.Rogers?
Pearson - No. Sgt. Reilly has suggested a sound barrier to block the barking
and has mentioned it the Mr. Rogers.
Chairman Machiros - were the dogs there when you purchased the house?
i w Pearson - I believe they were but I don't know how many were there
Thistlewood - After I purchased my house I came home one day to find a
sheep on my porch. Rats were also a big problem when Mr. Rogers had his
pigs. When we tried to speak to Mr. Rogers he was rude, nasty and
threatening. He had a rabbit on the roof of an adjacent barn with his throat
slashed and he left it there for all to see.
Pearson - the reports are all in the police logs. I know a lot of people in
Town and I've been told he is a Rogers and there is nothing you can do.
Chairman Machiros - You sound like reasonable folks and I know you are
aggrieved. Mr. Rogers are there any complaints you would like to address.
Rogers - no, I could lock three dogs up at night and leave three loose.
Elliott - We don't want to be trouble makers
Chairman Machiros - you are not trouble makers, you just want some relief.
Thistlewood - I have called Mr. Rogers and I did not act like a lady on the
phone. He was furious and the police came to reprimand me.
Chairman Machiros - How many dogs do you now have Mr. Rogers?
Rogers - six now and a kennel license for 10
Atty. Sandman (79 State St.) Mr. Rogers asked me to attend tonight and
listen to the complaints to see if anything can be done. I suggest the we sit
down and try to reach a solution, be it a sound barrier or whatever to reduce
the noise. Mr. Rogers has rights and a current kennel license.
Selectmen Tevald - What is the size of the facility?
Rogers - 8 4'x6'x10' kennels with a roof.
Thistlewood - He sometimes keeps the dogs all in one enclosure. Four years
ago when there was a hearing, he put silencer collars on them but it didn't
work.
Pearson - Mass General Laws state if dogs excessively bark the ACO or the
Board of Selectmen has authority to remove the dogs, revoke the license or
move the dogs to a better place.
q
Mike Shaw - I work with adolescents at Harbor School and feel like acting
like them because of lack of sleep. The backyards are open and the noise
carries thru. I have left messages on Mr. Rogers machine and get no answer.
The kennel is not kept clean and I am fed up with the noise.
Chairman Machiros - Mr. Rogers do you care to answer or ask any questions?
Rogers - no
ACO - this has been an ongoing situation. The barking has been getting
worse and more constant. I believe it is because of the activity on the
property. I would previously get calls only at night but now it is at all times
day and night. I don't mind answering the calls but I don't have a solution. I
have been to the kennels many times and sometimes they are clean and
sometimes they are a mess. At my last inspection they all had fresh
shavings. It is a nice set up but a lousy location. It is just too close to the
other houses.
Chairman Machiros - How may calls have you made there?
ACO - many many over the years. Mr. Rogers is always agreeable but doesn't
follow thru. I've had calls from more than the four people here tonight. I
can only attribute the excessive barking to summer and the increased
activity around the house.
Chairman Machiros - how many apartments do you have Mr. Rogers
Rogers - The house is a two family not apartments
Tevald - you are not allowed to have a two family - only a single family with
an in-law apartment.
Chairman Machiros - are there a lot of cars in the yard.
Pearson - ten cars daily. There appears to be 6 or 7 people all the time. The
downstairs unit is rented to three adults.
Rogers - I rent the house and I live in the trailer with my mother and sister
Tevald - How can the kennel be licensed for #27 Central St. if you live at
#29 Central St.
Elliott - the police reported that Mr. Rogers was living in the basement at
#27 that is why they have to wake the tenants to get to him.
Rogers - I don't live there I just have my phone in the basement.
Tevald - have you lived in the basement at any time or ever lived in the house
at #27?
Rogers - yes
Selectman Adams moved to close the hearing and take the matter under
advisement, seconded by Selectman Tevald. The hearing was reopened and
Selectman Adams asked for a recommendation from the ACO
ACO - I don't have a solution. I would recommend the kennel be moved to
the rear of the property over the hill. This might act as a buffer zone but I
don't know if other houses in the rear would then be affected.
Rogers - I could make it an indoor kennel.
Pearson - I think the dogs would be miserable and bark more. Any vent
would only amplify the noise.
Chairman Machiros - I would like the ACO to try to resolve this problem.
Would Mr. Rogers, Ms. Elliott and the ACO be willing to meet to work on a
resolve. We must not look at this in an emotional way.
Tevald - How about a barrier like used on the highways to deaden noise. I
don't think enclosingthe kennel would be the best answer for the dogs or the
neighbors. In this day and age there must be a way to deaden noise. There
is not much else we can do except get rid of the dogs and pull the kennel
license.
ACO - I have three no bark collars I will lend Mr. Rogers to try. If they
work it will help until we can research a barrier.
Tevald - We also need to address the activity in front of the kennel. The
trampoline must go.
Rogers - the trampoline is gone
Alan Adams - Why do you have so many dogs. Do you breed them.
Rogers - Yes, I have always had that many
Chairman Machiros - I will ask Ms. Elliott or Mr. Pearson, Mr. Rogers, Atty.
Sandman and the ACO to work together to reach a resolve. You have no
more than two weeks to put a recommendation before this Board.
Sandman - We are willing to work toward a solution.
Selectman Adams moved to take the recommendation of the ACO that the
neighbors, Rogers, Counsel and she work together to find a solution and
report by the next meeting, seconded by Selectman Tevald.
Hearing closed at 8:40 p.m.
the Board of Health or its designee. Requests for parades, fairs, etc. would be addressed
by this committee and recommendations made to the Board of Selectmen.
A request was approved for the use of the Upper Green on August 7t' for Armed Forces
Day activities and displays as part of Yankee Homecoming, subject to Chief Merry's
approval of the activities.
The meeting was adjourned at 8:50 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
AUGUST 10, 1999
The meeting was opened by Clerk Joseph S. Tevald. Alan I. Adams was present.
The dog nuisance complaint against Larry Rogers of 27 Central Street was continued.
Craig Pearson of 36 Central Street stated that the dogs had been quiet for three days and
then the barking continued as before. No meeting was held or scheduled as proposed at
the last meeting and Mr. Rogers seems to just not care. Carol Larocque reported that her
calls to Atty. Sandman had been unanswered and a visit to the Rogers kennels revealed
barking dogs in dirty kennels with little or no water. Selectman Tevald assured the
residents that the Board with Counsel would contact Mr. Rogers and his attorney. He
expressed his regret that it seemed to be taking so long to resolve this complaint. We
don't want to make any mistakes so that we can legally bring this situation to an end, he
noted. We will continue this hearing until we have compliance. He thanked the residents
for their patience.
A letter of resignation from Town Clerk Marcia Peirce was accepted with deep regrets.
Her recommendation to appoint Assistant Donna Stefanile until the election of 2000 was
taken under advisement.
A permit from Essex County Gas Co. to open and excavate 31 High Road at Graham
Avenue to repair a gas leak was approved.
A request fay use of the Upper Green on August 28 & 29 by the North Shore Cyclists for
a.50 mile rest stop�on their 100 mile route was granted subject to Chief Merry's approval.
It was moved by Selectman Adams and seconded by Selectman Tevald to accept the
recommendation of Highway Superintendent Tim Leonard regarding the cluster
mailboxes on Olga Way. After much research Mr. Leonard recommended the Olga Way
location as the safest and most convenient.
Selectman Adams noted that the Woodbridge School yard was being used by a dog sitter
Wrun approximately.15 dogs each day. While he picks up after the dogs,this is a
business being operated on town property, he stated. The ACO advised.that the area
would have:to be posted to prevent its use. Selectman Adams moved to post the school
yard;"no dogs allowed by order of the Board of Health", seconded by Selectman Tevald.
The following warrants were signed by the Selectmen:
July 27, 1999 W4 $88,110.25
PW4 42,965.60
August 3, 1999 W5 258,677.42
PW5 37,733.74
The meeting wa,adjourned at 8:25 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
AUGUST 24, 1999
Clerk Joseph S. Tevald opened the meeting at 7:45 p.m. Selectman Alan I. Adams was
present.
The following warrants were signed by the Selectmen:
August 10, 1999 W6 $997,489.25
PW6 46,233.93
August 17, 1999 W7 30,962.38
PW7 39,307.44
A request from SPNEA to hang a banner at the Upper Green advertising their Family
Harvest Festival on Saturday, September 25th was approved.
A request from Buddy's Restaurant for a one-day entertainment license for an
appreciation/end of season party on September 1 Ith was taken under advisement.
A request from Protection Fire Co. #2 to hold a second "boot drive" for MDA on
September 5th at the intersection of High Rd. and Hanover St. was approved.
A new license for auto repair at 86 Newburyport Tpke. from Horace and John Baldwin
d/b/a Superior Auto Body Repair was taken under advisement until the next meeting for a
vote of the full Board.
A new license for auto repair-at 24 Middle Rd. from William Koski d/b/a Bill's Auto
Repair was also taken under advisement until the next meeting for a vote of the full
Board.
A letter from the Mackays regarding 5.7 acres of land being removed from Chapter 61 A
classification and offered for sale was read and taken under advisement. The Town has
0 refusal on all Chapter 61A properties.
A permit to open and excavate 171-177 Elm Street for the installation of a new gas line
was approved.
May Sarantos of Atty May's requested a one-day entertainment license for a private
performance of acoustic folk music on Sunday, September 5th. She stated some friends
would be visiting who are part of the Joanie Mitchell Group and she would like to be able
to allow them to play that evening at the restaurant. She also asked the Board to consider
the possibility of live entertainment next year at this location. The approved the one-day
request for the 5th and advised Ms. Sarantos that the Board would not look at an
entertainment license until such time as renovations are complete and full dining is
offered at the Beachcomber.
A request from the Plum Island Mothers Assoc. to hold a fund drive at.PITA Hall to
benefit the Jason Sawyer Memorial Playground on September 4th thru 6th was approved.
A request from Newburyport Water Works for permission to extend a new water line 400
feet up Parker St. to tie into an existing water main was granted subject to Tim Leonard's
approval.
A letter was read by Selectman Tevald from American Tower Corp. investigating the
possibility of a stealth flagpole (communication tower)being placed on Town property at
the intersection of Church and Lunt Streets in Byfield. The letter was taken under
advisement and American Tower will be called if their proposal is considered.
Rick Ross, Chairman of the Bay Circuit Trail and Tom Horth of FOOT (Friends of Our
Trails)updated the Board on the progress and minor changes being made to the Bay
Circuit Trail. Maps and a description of the work in the progress were submitted to the
Board. The Board thanked the gentlemen for their time and good work by their
committees.
Rogers dogs were again discussed. Mr. Pearson advised that the situation had improved
but there were still problems with the dogs barking. He said that the no bark collars
73
appear to be working but they need to be monitored. Selectman Tevald noted that the
Board had word from Mr. Rogers attorney. We are looking for permanent solutions,he
stated, like a sound barrier. Ms. Elliott asked if it would be possible to move the kennels
to the middle of the property away from activity. Selectman Tevald agreed that the
Board could look at that along with a sound barrier. We are still hoping to resolve this
situation, but there will be little option left if Mr. Rogers is not compliant, he stated.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
SEPTEMBER 14, 1999
Clerk, Joseph S. Tevald opened the meeting at 7:50 p.m. Selectman Alan I. Adams was
present.
A letter of resignation from Dean Robertson was read and accepted with deep regret. Mr.
Robinson had served on the Zoning Board of Appeals since 1976.
Appointments of Howard Traister to replace Dean Robertson on the ZBA and Doug
Packer as an alternate on the ZBA were approved as moved by Selectman Adams and
seconded by Selectman Tevald.
A Class II Used Car Sales license was reviewed for Paul Genard d/b/a Corvette Ctr. at 86
Newburyport Tpke. He will occupy the showroom, front lot and one bay for prepping
vehicles. The license was approved with the stipulation that a limit of 50 vehicles be
stored outside the showroom for a probationary period of 6 months subject to periodic
review. This limit will-'be- reassessed when a track record is established.
The Trustees of the Library were thanked by the Board for their kind invitation to the
library ground breaking ceremony scheduled for the 23rd at 4:30 p.m.
Mr. Avery Woodworth asked if there was any information available on the
communication tower mentioned at the last meeting. Selectman Tevald stated there was
none as the proposal had not been pursued at this time.
Gene Palumbo of Hanover Street addressed his ongoing complaint against McDonald
Trucking. Selectman Tevald advised that the Town was in litigation with Mr. McDonald
and he couldn't comment at this time. Individual violations may be addressed as they
happen, such as operating after permitted hours, he said. Selectman Adams asked that
the record show that McDonald was reported.to be operating his business as late as 1 a.m.
and starting before dawn at times.
The following warrants were signed by the Selectmen:
August 24, 1999 W8 $ 76,619.14
PW8 37,309.65
August 31, 1999 W9 40,110.42
PW9 34,762.43
September 7, 1999 W10 42,929.01
PW 10 33,310.40
The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
�S
SELECTMEN'S MEETING
SEPTEMBER 28, 1999•
Clerk Joseph S. Tevald opened the meeting at 7:30 p.m. Selectman Alan I. Adams was
present.
Licenses for Bill's Auto Repair at 24 Middle Road and Superior Auto.,Body Repair&
Detailing at 86 Newburyport Tpke. were approved for a six month probationary period
subject to compliance with zoning and cleanliness of the operation as moved by
Selectman Tevald and seconded by Selectman Adams.
An Installer's License was approved for Glen Thompson d/b/a T& W Excavation of
Lynn.
A proclamation for United Nations Day on October 24 h was read and signed by the
Selectmen.
Chief Merry advised that Halloween would be celebrated on Sunday, October 31�` from
5:30 to 7:30 p.m.
The following warrants were signed by the Selectman:
September 14, 1999 W 11 $607,844.91
PW 11 39,402.93
September 21, 1999 W12 58,575.60
PW 12 30,729.41
The meeting was adjourned at 7:40 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
OCTOBER 12, 1999
Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph s. Tevald and
Alan 1. Adams were present.
The following warrants were signed by the Selectmen:
September 28, 1999 W13 $29,350.10
PW113 32,092.46
October 5, 1999 W14 41,238.83
PW14 34,782.93
Donna Stefanile was appointed Temporary Town Clerk to fill Marcia Peirce's un-expired
term and given the clerks salary effective this date as moved by Selectman Adams and
seconded by Selectman Tevald.
Douglas C. Janvrin and Dana Davis were appointed as local community response
coordinators for the Emergency Planning Committee.
Stephen J. Smith was appointed to the Sandy Point State Advisory Committee as moved
by Selectman Adams and seconded by Selectman Tevald.
A permit for Essex County Gas Co. to open and excavate 112 Elm Street to install a new
gas main and service to the building was approved subject to Tim Leonard's supervision.
Chairman Machiros noted that legislation was in the works to enforce the regulation that
utilities repair roads to DPW specifications.
Two one-day special permits for the sale of alcoholic beverages for PrQl fire Co.
#2 for Thursday, October 4 h from 6:30 to 10 p.m. and Monday,Nove �; tom 6:30
to.9 p.m. were approved. The fee was waived.
• d�
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A one-day special permit for the sale of beer and wine for the American Cancer Society
benefit, Gregg Pugh Chairman at PITA Hall on October 30'h from 7:30 p.m. to 12:45 a.in.
was approved pending the receipt of their liability insurance policy.
A request from Plum Island Mothers Association to place a sign on P.I. Tpke. to display
the state of the fundraising effort for the Jason Sawyer Memorial Playground was
approved with the stipulation that the sign not impede traffic or cause a hazard.
The Selectmen signed a letter of approval for"change of control" of our cable license
from Media One to AT&T Corp.
A request from P.I. Grille for two one-day entertainment licenses and a one day extension
of their hours for New Year's Eve was taken under advisement.
The dog complaint against Larry Rogers of 27 Central Street was reopened. Mr. Pearson
reported that there has been improvement but the barking is still a problem. The ACO
noted that the dogs were wearing their"no bark" collars. The Selectman recommended
Mr. Rogers move ahead with the installation of a buffer type fence around the kennel
ASAP to further address this problem. Mr. Rogers agreed to erect a fence within the next
week or so.
A request from the Byfield Methodist Church to close Lunt Street between the school and
the church for a craft fair on Saturday, October I was approved.
The Board moved to pursue the possible purchase of 5.7 acres of land off Kents Way
listed in the 61A tax category owned by the Mackays in Byfield for use as ballfields.
The Board of Fire Engineers and Protection Fire Co. #2 brought a dispute before the
Board of Selectmen. Chairman Machiros offered to hold an executive session to discuss
the matter, however,the Fire Co. chose open session. After a lengthy discussion, the
Selectmen over ruled the Engineers decision thereby allowing the Fire Co. to hire the
man chosen by membership vote. Selectman Adams noted there seemed to be some
confusion about the hiring process and policy changes. Counsel Jim Lagoulis will be
asked for an opinion on the role of the Fire Engineers and a specific set of guidelines will
be established for hiring practices in the future. The number of members appointed to the
Board of Fire Engineers was also discussed. It was agreed that Tim Leonard would
remain on the Board and Mike MacDonald as Chief of Protection Co. #2 would be added
and the Fire Engineers would recommend a member from Byfield to bring the
membership to 4 & 3 for a total of 7.
The meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
Oct6ber'26, 1999
Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph S. Tevaldand
Alan I. Adams were present.
The following warrants were signed by the Selectmen:_.
October 12, 1999 W15 $117,845.39
PW 15 37,867.12
October 19, 1999 W 16 434;09.27
PW16 20,605.73
A request from Cub Scout Pack 44 for use of Handtub Lane for a bottle drive on
November 6t'was approved. Permission was also given'for a Veterans Day dedic.
and celebration on the Green after the Newburyport parade.
Geoffrey Walker was appointed as an alternate to the Sandy Point state gWrvation
Advisory Committee-as moved by Selectman Adams-and seconded by 9@1pptmait Tevald.
0116
t7
A letter of support for Sandy Point State Reservation Advisory Committee for maximized
public use and hours of opeation at Sandy Point was reviewed and approved by the
Selectmen.
A request from Kurt Riese of 88 Main Street to have a dog restraint order released after
one year was approved subject to receipt of a letter from the ACO confirming that no
violations or complaints had been received in this one year period.
The Selectmen made it official that they would actively pursue the purchase of the
Mackay land in Byfied for ballfields or any other appropriate town use subject to
inspection by the Conservation Commission..
The Board agreed to match Newburyport's funding to support the Jason Sawyer
Memorial Playground. Chairman Machiros said he expected this donation to be between
$8K and $IOK.
Douglas Packer was appointed as Assistant building Inspector as moved by Selectman
Adams and seconded by Selectman Tevald. Mr. Packer will have 18 months to become
certified for this position.
The Board reviewed a winter public relations letter written by the Highway
Superintendent for mailing to the citizens of Newbury. Chairman Machiros noted he
would like to make a few small changes before mailing. It was moved by Selectman
Adams and seconded by Selectman Tevald to send this advisory when corrections were
made.
The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Kathleen Sirois,,Secretary
SELECTMEN'S MEETING
NOVEMBER 23, 1999
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:
October 26, 1999. W 17 $69,443.16
PW 17 34,234.29
November 2, 1999 W 18 40,697.78
PW 18 36,317.84
November 9, 1999 W 19 116,952.92
PW19 35,73�Z.72
November 16, 1999 W20 440,441.35
PW20 35,831.75
At 7:45 p.m. the legal notice for a public hearing on the determination of tax levy to be
borne by each class of real property for FY2000 was read by Selectman Tevald and the
hearing was opened. Joseph Cutrone representing the Board of Assessors recommended
that a single tax rate for all classes of real property be maintained due to the low%of
other than residential property (94% residential and 66/o other). There were no questions
or comments from the citizens in attendance. Selectman Adams moved to accept the
Assessors recommendation, seconded by Selectman Tevald. The hearing was closed by a
motion from Selectman Adams seconded by Selectman Tevald.
A request from P.I. Grille for a one day special entertainment license for New Year's Eve
and an extension of hours for liquor service on this.evening was addressed by the Board.
Kevin Desmaris,Manager of the restaurant, stated they would like to have a jazz pianist
for the evening. The restaurant would like to be able to serve liquor until 12:30 a.m. for
the festivities. Neighbors have been notified, he stated. Selectman Adams moved to
82
grant the entertainment license and extension of hours for this one evening, seconded by
Selectman Tevald.
Christmas on the Green celebration will be held Sunday, December 5d' starting at 3:30
p.m.
Town Hall will be closed for the Thanksgiving holiday Thursday,November 25t' and
Friday,November 26d'.
A letter from Cody Williams of Byfield was read by Selectman Tevald. Young Mr.
Williams asked the Board to consider the possibility of an in-line skating &
skateboarding park somewhere in Town. Selectman Tevald stated it was certainly food
for thought in the search for recreational land. Cody was commended for writing the
letter.
Mr. Cook and Mrs. Smith formerly of 54t' Street addressed the Board regarding a
problem with access to a house which they recently sold to the Sicard family. After a
short discussion, the Board took the matter under advisement and will discuss the options
with Highway Superintendent Tim Leonard who has been working on the problem over
the past week. Selectman Tevald stated that the Board would do its best to try to resolve
this access problem with the least hardship to all parties.
The Board wished all a very "Happy Thanksgiving".
The meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
DECEMBER 14, 1999
Clerk Joseph S. Tevald opened the meeting at 7:40 p.m. Selectman Alan I. Adams was
present.
A moment of silence was held in remembrance of the six firefighters lost in the
Worcester fire of December 3`d
s
Selectman Tevald announced that Town Hall would be closed for the holidays on
Thursday,December 23`d; Friday, December 24d' and Friday, December 31s`.
The Town landfill will be closed on Saturday, December 25"' and Saturday, January 1'`.
For the convenience of our residents the landfill will be open Sunday,December 2601;
Monday, December 27 h ; Tuesday, December 2e and Wednesday, December 29P
during regular hours 8 a.m. to 3:45 p.m.
At 7:45 p.m. the legal notice for a pole hearing was read by Selectman Tevald and the
hearing was declared open. David English representing Mass Electric stated that peition
#656 dated 10/14/99 was to erect one pole#8/83-1 on Elm Street in the vicinity of#171
Elm Street. Underground service will be run from this pole to the new subdivision at this
location. Hearing no questions or objections, Selectman Adams moved to close the
hearing and take the matter under advisement, seconded by Selectman Tevald. The
hearing was reopened and Selectman Adams moved to grant the petition as presented,
seconded by Selectman Tevald.
A request from Newbury Scout Den C for use of the Byfield Town Hall on Saturday,
January 15t' from 10 a.m. to 2 p.m. for the purpose of assembling bird feeders was
approved by the Board.
On the recommendation of Port Engineers,the bid for leachate collection was awarded to
R.B. Strong of Gloucester, Ma at a cost of.0789 cents per gallon as moved by Selectman
Adams and seconded by Selectman Tevald.
Liquor license renewals were approved for 2000 for the following: Buddy's Restaurant,
Old Town Country Club, Inc., Corner Cupboard,D&J Liquors, PJ's,Dicks's Variety, Mr.
Moe's, Byfield General Store, Atty May's Beachcomber,Newbury Convenience, and
Plum Island Grille Inc., as moved by Selectman Adams and seconded by Selectman
Tevald.
A hearing date of January 25a'was set for John Reilly's application for an"all alcohol"
beverage license at Oule Newbury Golf Club under the corporation name of J.R.'s ISP
Hole LLC.
The following warrants were signed by the Selectmen:
November 23, 1999 W21 $247792.85
PW21 34,346.01
November 30, 1999 W22 25,665.46
PW22 41, 013.18
December 7, 1999 W23 469,315.69
PW23 627237.89
A very "Merry Christmas"was wished to one and all.
The meeting was adjourned at 8 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
DECEMBER 28, 1999
Joseph S. Tevald, Clerk opened the meeting at 7:45 p.m. Selectman Alan I. Adams was
present.
An application for an"installers permit" for Up-Country Landscaping of Byfield was
reviewed and taken under advisement pending the receipt of additional information on
licenses held in other towns or testing of applicant.
The following licenses were reviewed and renewed: Used Car Class II—US#1 Auto
Marine, Highline Auto Inc., Olde Byfield Management& Supply Inc., Special Interest
Auto of Newburyport,Federal Auto Repair, AEL Trailer Sales, Corvette Center. Motor
Vehicle Junk Class III—Newbury Auto Sales, Inc. General Licenses—Newbury Hair
Design, Longfellow Hill Beauty Shop,Karen's Dog bomiifg of P.I.,Deb's Place;
Colonial Coiffures, Surfland Bait&Tackle, Linda's dme Salon, A Newbury Setting,
Corner Cupboard,Main St. Mini Mart,Dick's Variety,Buddy's Restaurant,Byfield
General Store,P.I. Grille Inc.,Norbek Sterling, Bird's Nest,Pheasaitt Meadow Farm,
Milestone 35, Volpone Towing, Aries Sports'&Bikery, Fernald's Marine, Diamond
Marine, Tolman Automotive, Bill's Auto Repair, BD Automotive, Olde Newbury Boat
Co., A.L. Prime Energy, Henry C. Becker, Wheelhouse Parking, Ginny Moore's Parking
Lot, Olde Byfield Expo Tea Room,F. Thurlow Brown Books, International Antique
Mart,Byfield Trading Co.,Parker River Trading Post;Noyes Citgo, Checkoway Oil,
Steve's Service, Mr. Moe's, Appleton Woodworking;Haven II, Pearson Hardware,
Wilco Marine Restorations, Josette's Adz &Loom'Newbury Butchery, PITA Hall,
Tendercrop Farms, Villane Parking, Pine Island Murfc Resource, Riverfront Marine
Sports Inc., Mae Atkinson Antiques,Newbury Convenience Store, AGJ Woodcrafting&
Woodworking, Flukes &Finds, Superior Auto Body, High Tail Acres, Mad Martha's,
Marshview Farms, Ice Cream Cove, Art Camera Custom Framing, Pert Lowell Co.
Installers—Kevin Greaney Materials & Trucking, J.D. Hartnett& Son, T.L. Norton Co.,
P.A. Wilkinson, Kendall Construction, Manter Co.,H.A. Richards& Sons, Currier Septic
&Drain, Allen P. Rogers, Sullivan Septic Service, Edw. J. Tremblay, P.B. Johnson Inc.,
Septic Solutions Inc., R.B. Strong Septic Services, Peter D. Nicol Excavating, Pearson
Landscaping, Enpro Services, Killam Construction, J. Gallant Pool,Stuart Dalzell.
Haulers—P.A. Wilkinson, G.H. Ricker Inca, R.B. Strong;Currier Septic &Drain,
Pearson Landscaping Inc.
�J
The Sicards, new owners of 13 54a` Street appeared before the Board regarding access to
their property and possible removal of a telephone pole on 54 h Street. The matter will be
discussed with the Highway Superintendent to see if relief may be accessed this way.
The following warrants were signed by the Selectmen:
December 14, 1999 W24 $478,468.00
PW24 42,182.21
December 21, 1999 W25 39,625.40
PW25 33,463.81
December 28, 1999 W26 23,476.73
PW26 30,967.14
The Board wished all a very "Happy New Year".
The meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JANUARY 11, 2000
Clerk Joseph S. Tevald opened the meeting at 7:45 p.m. Selectman Alan I. Adams was
present.
On the recommendation of Chief Merry, Jennifer Walsh and Jason Lewis were appointed
as part time dispatchers as moved by Selectman Adams and seconded by Selectman
Tevald.
A one day special permit for the sale of alcoholic beverages was approved for Anna
Jaques Hospital Aid Association for Great Chefs Night at Governor Dummer Adademy
on March 10a' from 6 p.m. to 12 midnight.
The following licenses were reviewed and renewed as moved by Selectman Adams and
seconded by Selectman Tevald—Used Car Class 11: Byfield Auto Center, Hanover
Place, Angie's Service Station. General Licenses: Peter Story, Atty May's, Atty May's
Beachcomber, angie's Service Station, Poor Richard's Barn, Buddy's Books, Apple
Cider Press&Prints, Williamson Parking Lot, Plum Island Enterprises,PJ's, Ja-Makin-
Me-Tan. Installers:.:Spalding Contracting, Rockland.Contracting, R.A. Briscoe, David
W. Foley, Travers Excavating, W. Harrison & Sons, Haynes & Sons, Keith P. Walton
Co. Haulers: R. A. Briscoe and Raggs Inc.
Clamming regulations for April 2000 to April 2001 were tentatively approved with no
changes from last year subject to Chairman Machiros' review and signature. Selectman
Adams abstained.
Dave Reilly, Principal of Triton High School and Krystine Hetel-Blankenship of the
Northeast Regional Tobacco Education Collaborative addressed the Board regarding
tobacco control.
Mr. Reilly presented the new tobacco control & smoking policy with a non-criminal
method of disposition for Triton High which was recently passed by the School
Committee. This policy must now be adopted by the town and Board of Health prior to
implementation, he stated. Selectman Tevald said he could see no reason why the Board
would not agree to this policy and advised that they would review the information with
Counsel and consider it for approval at their next meeting.
Krystine Hetel-Blankenship discussed her community smoking education proposal and
possible funding available. Once the school regulations are passed, retailer education
will begin immediately, she noted. Second hand smoke (restaurants and work sites)
would then have to be addressed by the Town. NRTEC would be willing to visit the
restaurants in town and speak to them about the smoke free policy. She stated they
would visit these sites and return on the 25 h with her report.
91
The Sicards of 50 Street again appeared before the Board looking for relief from the
telephone pole on 50. Selectman Tevald stated he would contact the Highway
Superintendent and see what can be done.
The following warrants were signed by the Selectmen:
W, December 28, 1999 W26;. $23,476.73
PW26 :, 30,967.14
January 4, 2000 W2711..,:;",; 45,721.09 i
PW27 34 165.43
The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
FEBRUARY 8, 2000
The meeting was opened by Clerk Joseph S. Tevald at 7:40 p.m. Selectman Alan I.
Adams was present.
The legal notice for a liquor license hearing for John Reilly d/b/a J.R.'s 19`"Hole at Ould
Newbury Golf Club was read by Selectmen Tevald and the hearing was declared open.
Mr. Reilly stated he was manager and operator of the concession at the club and had
operated this concession for 19 years. He was applying for an all alcohol license for this
concession. Chief Metry stated that he had experienced no problems at the golf club.
Selectman Tevald questioned the operating hours. Mr. Reilly stated they were open
seven days a week. Most evenings the club is closed by 10 p.m. but occasionally a
function will run until midnight. Closing time was set for 12 midnight. Abutter Stanley
Spyrka asked if they would be having a band on a regular basis. Selectman Tevald noted
that a band is not related to the liquor license but the club would need special permission
on an individual basis to have entertainment. Mr. Spyrka stated he had no problem with
the license but would like to be advised when bands are scheduled. The Selectmen asked
Mr. Spyrka to advise them if any problems should arise. Selectman Adams moved to
! . # close the hearing and take the matter under advisement, seconded by Selectman Tevald.
The hearing was reopened and Selectman°Adams moved to grant the liquor license to
19 'dole subject to,.ABCC appro.-alll, seconded by Selectman Tevald.
A one day special ermit was a rove or Protection'Fire Co. #2 for February 10� from
: . Y P P PP rY ,
4 p.m. to 10 p.m. The fee was waived
The Board approved a request from the Parker River Clean Water Association for use of
the Lower Green on May 27'h and 2e (rain date May 2SP) for their annual Parker River
Festival. Permission was also granted for a banner on the Upper and Lower Greens for
the week preceding the festival.
Licenses were reviewed and renewed for the Byfield Flower Shoppe and Newbury
Gallery.
The following warrants were signed by the Selectmen:
January 11, 2000 W28 $209,144.08
PW28 39,139.54
January 18, 2000 W29 436,552.64
PW29 39,082.33
January 25, 2000 W30 69,504.93
PW30 38,983.71
February 1, 2000 W31 44,953.63
PW31 33,605.15
The meeting was adjourned at 8 p.m.
Respectfully submitted,Kathleen Sirois, Secretary
February 23, 2000
Mr. Angie Machiros, Chairman
Board of Selectmen, Town of Newbury
Town Hall
25 High Road
Newbury, MA 01951
Dear Sirs:
The Open Space Committee understands that the Selectmen are pursuing the
purchase of the MacKay property on Kent Way for athletic fields. As you know, we have
investigated the availability of appropriate land for athletic fields as a part of drafting the
town's-0pen Space Plan.
We wish to express our support for your efforts to acquire the MacKay property.
Its location, topography and availability at a reasonable price make this an ideal
acquisition`for new, much needed athletic fields.
Please contact the committee if we may be of assistance with this matter.
Respectfully,
The Open Space Committee
of the Newbury Planning Board
SELECTMEN'S MEETING
FEBRUARY 22, 2000
Clerk Joseph S. Tevald opened the meeting at 7:45 p.m. Selectman Alan I. Adams was
present.
The Board advised Principal Reilly that Counsel had approved the"smoking policy" for
Triton and an article-would be drafted for the Annual Town Meeting. Mr. Reilly will
provide the Board with a list of suggested appointees to enforce the policy after approval
at town meeting.
Construction of the Newman Road Bridge will begin on February 23 and continue until
mid July according,to.a,letter from.SPS_New England.Inc.
A request for a boot drive at the traffic light on High Road on April 24 and/or May 27 for
Viking Gradventure which promotes a substance free celebration for the graduating class
was approved subject to a meeting with Chief Merry.
Carol Larocque was nominated as Animal Inspector and her nomination will be
submitted to the Bureau of Animal Health for-verification.
Donald Bade and Julia Clay of the Parker River.Clean Water Assoc. addressed the Board
regarding a recent meeting held in Gloucester by the Secretary of Environmental Affairs
to discuss the Community Preservation Act. This act would,put into effect a 3%
surcharge on real estate sales to fund environmental protection issues if passed. Mr. Bade
advised that they would monitor the progress of this act.and keep the town informed..
A new license for Linda Gamache d/b/a Sadie's for Hair at 2 Fruit Street was approved.
The following warrants were reviewed and signed by the Selectmen:
February 8, 2000 W32 $132,007.67
PW32 42,909.06
February 15, 2000 W33 429,153.09
PW33 31,509.76
The warrant for the Presidential Primary Election on March 7 h was called and signed by
the Selectmen.
The meeting was adjourned at 8,10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
MARCH 14, 2000
Chairman Machiros opened the meeting at 7:40 p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present:
A request from Cub.$cout Pack#44for use of Handtub_Lanefor.abottle and can drive on
April 8 h from 9 a.m. to 12 noon was approved as*moved by Selectman Adams and
seconded by Selectman Tevald.
A request from Gospel Hall for use of the Byfield Town Hall for their Annual Bible
Conference on May:27t' and 28a'was approved as moved by Selectman Adams and
seconded by Selectman Tevald.
A new installers license was granted for Richard'Brockelbank& Son Inc. of Ipswich.
�l
A request for use of the Upper Green ball field on Monday and Wednesday evenings
April thru August from Mr. Moe's Softball Team was approved with-the stipulation that
some times may have to be relinquished if needed by Little League or other children's
leagues.
Also approved with the same stipulation was a request from the Old Newbury Clammers
Softball Team for use of the Upper Green on Tuesday and Thursday evenings April thru
August. ,
Licenses were reviewed and renewed for Sunee Goodman d/b/a Rosemary and Thyme
and Katherine&Robert Carleton d/b/a Parker River Enterprises.
New licenses were approved for Sandra Leonard d/b/a Leonard's Parking Lot(formerly
Villane's Parking), Bill Parker d/b/a Goodall & Sons Tractor Co. Inc. at 100
Newburyport Turnpike and Kym Jarvis d/b/a Kyms Romp &Roll Doggie Playground.
The doggie playground was approved pending.inspection and approval of the.location by
the ACO. Board of Health inspection will also be conducted.
At 7:45 p.m. the legal notice for a hearing on the lay out of Austin Lane was read. The
Planning Board recommended acceptance of Austin Lane in accordance with the
subdivision rues and regulations. Approval of the road was also documented by the
Highway Superintendent, Tim Leonard. After a brief discussion the hearing was closed
and the matter taken under advisement. The hearing was reopened and it was moved by
Selectman Tevald to place an article on the ATM warrant for acceptance of Austin Lane
as a public way.
Betty Collins of the Planning Board addressed the Board regarding a petition article
submitted for the ATM warrant for the purchase of approx. 47 acres of land on Central
Street owned by Warren Manter. Ms. Collins stated that the purchase of this land is
supported by the Planning Board while it is known that it is not supported by the
Selectmen. "I beg to differ with that statement", said Chairman Machiros but I have a
letter here from the Open Space Committee of the Planning Board supporting the
purchase of the Mackay property and making no mention of the Manter property. (see
copy attached) Bruce Saunders of the Planning Board noted that the petition was from a
group of citizens and not the Planning Board but it was not unusual that Planning Board
be given to both properties.
At 8 p.m. the legal notice for a hearing on the lay out of Courtney Drive was read. The
Planning Board recommended acceptance of Courtney Drive in accordance with the
subdivision rules and regulations. Approval of the road was also documented by.
Highway Superintendent Tim Leonard. Questions from the residents were answered by
Bruce Saunders. One problem with the removal of fallen trees from a center circle is still
to be addressed. Mr. Saunders stated that a sum of money would be withheld as a
contingency and Mr. Hill would be asked to complete this project prior to town meeting.
Hearing no further questions the hearing was closed and the matter taken under
advisement. The hearing was reopened and it was moved by Selectman Adams and
seconded by Selectman Tevald to place an article on the ATM warrant to accept
Courtney Drive as a public way.
A check in the amount of$1,144.50 was accepted as the annual franchise fee from Media
One.
A request from the Plum Island Grille to change the serving hours on their beer and wine
license was continued to the next meeting so that a representative can be present to
explain exactly what their needs are.
Byfield Day 2000 will be held this year on June 17''. Schedules will be forthcoming.
The following warrants were signed by the Selectmen:
March 14, 2000 W37 $600,050.98
PW37 31,138.64
March 21, 2000 W38 21,717.04
Pw38 33,233.56
The meeting was adjourned at 8:20 p.m.
Respectfully submitted, Kathleen Sirois, Secretary
11.sW
SELECTMEN'S MEETING
MARCH 28, 2000
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 hearing on the application of Plum Island Grille, 2 Plum Island
Boulevard for an all alcohol license was read by Chairman Machiros. Appearing in
favor-Mark Friery and Kevin Desmaris. Appearing in opposition—no one. Mr. Friery of
P.I. Grille requested that if license was approved they would also like to extend their
serving hours to 11 p.m. daily. Chief Merry stated that there had been no reported
problems at this site and it was a good operation. Due to a mix up with the Daily News
advertisement,the Board noted that they would have to continue the hearing for a final
decision until the next meeting on April 11"'. They agreed that an 11 p.m. closing time
was reasonable and advised that they would look favorably on the application on the 11t'.
A request from S.P.N.E.A. to hang a banner on the Upper Green backstop to advertise
their Draft Horse Plowing Match was approved.
6
Chairman Machiros advised that the purchase of the Mackay property for playing fields
will be pursued at Town Meeting and draft plans had been drawn and are available for
review at Town Hall and the Library. This Board was notified Monday by CSI that in
their opinion the new field at the library will not be ready for play this season. Selectman
Tevald will investigate the ability of emergency vehicles to gain access to the Mackay
land which abuts this new field. One positive point, he noted, was that the monies
required for this proposed purchase were within the fiscal restraints of the budget and
should not be a fiscal burden on the community.
It was moved by Selectman Adams, seconded by Selectman Tevald and voted
unanimously to pursue the operation of the landfill, continue mining and lining and take
any action necessary to protect the integrity of the Parker River.
A request for use of the Byfield Town Hall by the Community Arts Center Committee on
May e from 7 to 11 p.m. was approved.
Chairman Machiros advised that he had met with representatives of S.P.N.E.A. regarding
the Plum Island Airport. He asked if the town's litigation had any bearing on their
decision not to renew the lease there and was told it had not. He reported that he
recommended that the airport be retained as a matter of safety, especially for emergency
situation. We stated our opinion and the meeting was cordial, but their final decision
remains an unknown, he stated.
ACO Carol Larocque addressed dogs on the beach at Plum Island and the pooper scooper
law. She asked for additional help patrolling this summer to enforce this regulation.
Early mornings and evenings seem to be the worse time when lifeguards are off duty.
Patrols will be spread out this year to try to assist the ACO.
Mock Town Meeting is scheduled for Thursday, April 13t' at the•Byfield Town Hall at
7:30 p.m., sponsored by the Grange.
A license was renewed for Tracy Vynorius d/b/a Olde town Tack.
A letter was introduced from COA requesting the Town consider the rehab of the
Woodbridge School for use by the elders. They cited the need for larger quarters,
parking access, bathroom facilities and the need for office space. A feasibility study was
proposed to investigate the renovation for use by the Council on Aging. Chairman
Machiros noted that good`start for the coming year would be to paint the school and
remove the chain link fencing. We can form a small committee to work on this project,
he stated.
Kym's Doggie Romp &Roll was approved�y the ACO apd> ward of Health will
schedule an inspection prior to their-opening.
Selectman Adams commended the Fire and Police departments for t�Q WK� J�e recent
fire_at_Riverfront Marina on the Parker:River.
Chairman Machiros expressed the Board's continued support of the Police departments
fine work with "drug task force and stated that the Town stands committed to this
project.
The following warrants were signed by the Selectmen:
March 14, 2000 W37 $600,050.98
PW37 31,138.64
March 21, 2000 W38 21,717.04
PW38 33,233.56
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
APRIL 11, 2000
Chairman Machiros opened the meeting at 7:50 p.m. Selectmen Joseph S. Tevald and Alan I.
Adams were present.
The legal notice for a public hearing on the application of Plum Island Grille for an all alcohol
license was read by Chairman Machiros and the hearing was reopened as moved by Selectman
Adams and seconded by Selectman Tevald. Appearing in favor: Mark Friary and Kevin
Desmaris. Appearing in opposition: no one. This being a continuation of the March 281h
hearing and testimony having been given at that time, Selectman Adams moved to close the
hearing and take the matter under advisement, seconded by Selectman Tevald. The hearing was
reopened and it was moved by Selectman Adams to approve the application for an annual "all
alcohol"restaurant license, seconded by Selectman Tevald and voted unanimously. This license
subject to an 11 p.m. closing time and approval by ABCC.
A request from the Open Space and Recreation Committee to place a sandwich board on the
Upper Green to advertise their april I meeting was approved by the Board.
The Selectmen agreed to move forward on the purchase of the Mackay property in Byfield. To
this end, Chairman Machiros noted the GDA has agreed to help the Little League with some of
their field scheduling problems. Don Blain of the Little League is to contact Athletic Director
Rebecca McLean to work out arrangements.
Two one-day special permits for the sale of alcoholic beverages were approved for Protection
Fire Co. #2 for April 15'' and April 19a' from 5-11 p.m. The fees were waived.
A new installers license was issued to Richard Nunan Construction of Georgetown.
A new license was approved for John M. Reeves d/b/a Reeves Automation at 19 Central Street.
Mr. Reeves explained he would be working on small system integration for automatic assembly
equipment/robotics. He would be renting approximately 750 sq/4,there was no noise factor
involved and he was a one man operation.
A one day special permit for the sale of alcoholic beverages was issued to Governor Dummer
Academy for a reunion on June 10'' from noon to midnight.
The warrant for the Annual Town Meeting to be held on April 25`h was reviewed and signed by
the Selectmen and will be posted by a constable.
A letter from Elizabeth Szymanski of P1umIsland regarding the use of the land donated to the
town by Fr. John Sears was read by Chairman Machiros. The thanked Ms.Szymanski for her
interest and suggested a meeting with her. Neighborhood input will be very important to this
area, he said.
Selectmen's Meeting (cont'd) April 11, 2000
Chairman Machiros reported that Title V problems in the Montgomery Park area have led to
discussions with Newburyport Sewer and Water Department. They are willing to allow these
homes to hook into the sewage system. A meeting will be set up with Brendan O'Reagan of the
Newburyport Sewer Department and Montgomery Park residents to discuss costs and develop a
plan.
Chairman Machiros advised that SPNEA had agreed to take another 16ok and continue dialog on
the Plum Island Airport.
The following warrants were signed by the Selectmen:
March 21, 2000 W38 $21,717.04
PW38 33,233.56
March 28, 2000 W39 28,330.53
PW39 32,686.91
April 4, 2000 W40 35,501.43
PW40 34,928.92
The meeting was adjourned at 8:35 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
MAY 23, 2000
Clerk Joseph S. Tevald opened the meeting at 7:35 p.m. Selectman Alan I. Adams was present.
A license for Jessica& Jean Brown d/b/a Up-Country Collectibles at 275 High Road for the sale
of gifts, art, antiques and second hand articles was approved by the Selectmen.
Licenses for Robert Rogers d/b/a Twelve Rogers Lane Antiques at 12 Rogers Lane, to buy and
sell antiques and second hand articles and Candy L. Way Foster of 46 Cottage Road for an art
studio/gallery and gifts were taken under advisement until Brownie Taylor certifies that these are
permitted uses at these locations.
A neA 4istaller's license was issued to Fitzgerald Construction and Landscape of Essex as
movlectman Adams and seconded by Selectman Tevald. Mr. Fitzgerald is also licensed
in t ypof Essex.
A,ikppst for the use of the Byfield Town Hall on June 4 h from 2-5 p.m. by Pine Island Music
Resource for a recital was approved by the Selectmen pending the completion of a release and
in4emnity agreement which will be forwarded to Pine Island Music for signatures prior to the 41'.
As recommended by Chief Merry,the following persons were appointed as lifeguards for the
2000 summer season:
Head guard—Andrew Bernier
Full time guards—Darcia Britner, Peter Saradjain, Kristine Hambrech, Caitlyn Williams,
Andrew Cote', Jennifer Bernier, Michael Biscardi and Jodie Morse.
A license transfer was approved from Walton's Auto Lab to Mike Allen d/b/a Internal
Combustion ast 78 Hanover Street. Bob Walton and Mike Allen were in attendance.
A request for a one-day special permit for the sale of alcoholic beverages for David Greco,
manager of the Starboard Galley Restaurant in Newburyport for a wedding reception at the barn
47
Selectmen's Meeting (cont'd) May 23, 2000
at 2 High Tail Acres on August ISP from 6-11 p.m. was approved. Mr. Greco will forward a
copy of liability insurance for this day.
Elizabeth Szymanski addressed the Board regarding Fr. Sears property at 51 Sunset Drive. She
presented drawings showing a proposed small park with swings and plantings to create a wildlife
habitat. Selectman Tevald suggested she try to get a committee together who would like to be
involved and look into the costs of advancing her ideas.
A small group of citizens appeared before the Board with suggestions about the status of
reported problems at the landfill, security and funding suggestions. Selectman Tevald advised
they would be kept informed on the issued that are not under litigation and the security issues
would be addressed with DEP and the Highway Department.
The following warrants were signed by the Selectmen:
April 11, 2000 W41 $383,374.88
PW41 44,093.21
April 18, 2000 W42 443,120.65
PW42 33,279.60
April 25, 2000 W43 35,663.73
PW43 35,020.86
May 2, 2000 W44 57,143.49
PW44 40,998.15
May 9, 2000 W45 600,986.59
PW45 36,772.82
May 16, 2000 W46 57,066.45
PW46 33,689.22
The meeting was adjourned at 9 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JUNE 13, 2000
Chairman Machiros opened the meeting at 7:35 p.m. Selectman Alan I. Adams was present.
The minutes of the May 23ra meeting were taken under advisement due to Selectman Tevald's
absence.
Chairman Machiros invited Town Counsel to address questions and concerns about the landfill.
Mr. Lagoulis advised that DEP was investigating anonymous complaints and the town is
presently in negotiations with DEP to reach a resolve. Little else can be said at this time and we
don't know how long it will take to resolve these matters, he said. Mr. Lagoulis fielded a few
�ns from the residents and some residents praised the recent clean up efforts at the landfill
ar� ounding area. The Selectmen were advised by Counsel not to publicly address these
OVP M until resolved with DEP.
Elizabeth Szymanski again appeared before the Board with an estimate for landscaping Fr. Sears
property. She noted that approximately $9,000 would be needed for plantings. Asked if she had
spoken with the neighbors, she stated she had and they were agreeable to the project but did not
want lights, a parking lot or a basketball court there. Chairman Machiros suggested she and Tim
Leonard do a site assessment and then meet again with the Selectmen to see what can be
accomplished this year to bring this project on line.
9 F
Selectmen's Meeting (cont'd) June 13, 2000
At 7:45 p.m. the legal notice for a public hearing on a septic variance for Fernandez, 6A Larkin
Road, Byfield was read by Chairman Machiros. Attorney John Keilty appeared before the Board
on behalf of the Fernandez family: He stated they were seeking a variance from the provisions
of 310 CMR 15.102(2) (deep observation hole test), as it pertains to the premises at 6A Larkin
Road. The Fernandez family specifically request relief from the requirement to dig two deep test
holes within the soil absorption system to allow the test holes to be dug adjacent to the soil
absorption system area. Health agent, Joe Tevald has approved this variance, but a public
hearing with notice to abutters in accordance with the provisions of 310 CMR 15.411 was
required for compliance. Selectman Tevald issued a letter to Mrs. Fernandez stating the Board
of Health accepted the results of the two soil evaluation pits dug to the south and west of the
existing SAS as these results agree with the previous tests pits done on this property. Appearing
in favor: Michelle Fernandez, Grace Dehetre, and Bill Pearson. Appearing in opposition: no
one. The hearing was closed as moved by Selectman Adams and seconded by Chairman
Machiros and the matter taken under advisement. The hearing was reopened and Selectman
Adams moved to grant the variance based on Mr. Tevald's approval and DEP recommendations,
seconded by Chairman Machiros. The required forms will be forwarded to DEP for final
approval.
The warrant for a Special Town Meeting on June 27th at 7 p.m. at the Newbury Elementary
School was signed by the Selectmen and will be posted by Constable Cunningham. A special
election was also called for July 18th to vote on funding the purchase of the Manter property, if
approved at the meeting of the 27th.
On the recommendation of Chief Merry; Gary Corbett,David Murphy and Michael Frayler were
appointed to the reserve office list until June 30, 2001.
On the recommendation of Harbormaster Don Rowell, appointments were approved for Don
Rowell, Harbormaster;Robert Bishop, Deputy Harbormaster, Adam Settipane and Michael
Burke, Assistants; Glenn Gavin, Russell Stiles and Andrew Avelis Jr., Reserve and Andrew
Avelis Sr., Deputy Emiritus.
A request for use of the Byfield Town Hall by the Newbury Town Library for a children's
program on June 28th from 2-5 p.m. was approved.
A request for a one-day entertainment license for a private wedding at the Plum Island Grille on
July 17th from 6-9 p.m. was approved.
It was noted that the Summer Recreation Program sign-up was scheduled for Saturday, June 17th
from 9 a.m. to 12 noon.
A confirmatory deed was signed for#7 6th St. to clear a title. The original deed had incorrectly
been signed by the Treasurer in 1972.
The Board voted not to exercise their option to buy approx. 140 acres of the Caldwell property
on Elm Street which will be released from Chapter 61A. No one in attendance expressed interest
in purchasing this property on behalf of the Town.
A general business license was approved for Head Tyrolia Wintersports of Columbia, MD at 12
Kent Way in Byfield.
The following warrants were signed by the Selectmen:
May 23, 2000 W47 $ 59,120.45
PW47 34,812.86
May 30, 2000 W48 48,424.60
PW48 35,934.84
June 6, 2000 W49 1,013,289.98
PW49 46,612.71
`r
Selectmen's Meeting (cont'd) June 13, 2000
The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JULY 11, 2000
Clerk Joseph S. Tevald opened the meeting at 7:45 p.m. Selectman Alan I. Adams was present.
The minutes of the May 23rd,meeting were read and approved. The minutes of the June 13t'
meeting were read and taken under advisement for review by Chairman Machiros.
The Board approved a letter of request calling for a special election to be held on Saturday,
August 19d'for the bonding of Newbury's share of the water/sewer line to Plum Bush and Plum
Island. This will be filed with the Town Clerk and a special town meeting will also be
scheduled.
A request was approv,eA from Protection Fire Co. #2 allowing them to fire a starter cannon on
August 19''to commemorate Mr. Robert Stein.
The Board acknowledged receipt of the Refuge Revenue Sharing check in the amount of$91,629
for fiscal year 1999.
A request for a one-day special permit for the sale of alcoholic beverages for Protection Fire Co.
#2 on August 19d'from 12 to 8 p.m. was approved. The fee Iwas waived.
A letter from Jesse Hochmuth and Eric Riese regarding the possibility of a youth center in
Byfield was read, acknowledged and taken under advisement. It was noted that the location they
suggested had been tried at least twice before and adamantly shot down by the neighbors and
local residents. Selectman Tevald noted that the Board would be happy to discuss their
suggestions further if they wished to come to a meeting.
Selectman Tevald advised that due to the Special Election on July-18th the regularly scheduled
Conservation Commission meeting would be held on Monday, July 17'�`.
On the recommendation of Chief Merry, Christopher Ranft and.Scarlette Mello were appointed
as part time lifeguards.
Selectmen Tevald reported the following Board of Health activities the month of-June:
Septic inspections— 10;well inspections- 1;total perc te4s-14 including 9 repairs, 3 new
and 2 reperes, 2 of the new properties failed to perc; complaints investigated— 1 septic problem
at 79 Northern Blvd. and 1 complaint against a landlord at 32 Old Point Rd. (both problems were
investigated and resolved); 8 plans were reviewed and approved as submitted for the following
properties: 12 Parker River Dr., 61 Central St., 70 Green St., Lot 2& 3 Long Viewune, 29
Pearson Dr.,27 Newbury Neck Rd., 42 High Rd.
The following warrants were signed by the Selectmen:
June 13, 2000 W50 $696,500.50
PW50 36,445.78
June 20, 2000 W51 63,712.08
PW51 35,529.62
June 27, 2000 W52 39,779.06
101
Selectmen's Meeting (cont'd) July 11, 2000
June 27, 2000 PW52 $ 44,210.06
June 30, 2000 W53 43,351.48
W54 40,611.76
July 5, 2000 W1 1,716.69
PW 1 44,779.45
The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JULY 25, 2000
Chairman Machiros opened the meeting at 7:35 p.m. Selectman Adams was present.
The following warrants were signed by the Selectmen:
July 11, 2000 W2 $268,228.43
PW2 57,864.57
July 18, 2000 W3 488,633.69
PW3 44,224.57
The warrant for the August a Special Town Meeting was reviewed and signed and will be-
posted by Constable Cunningham. Chairman Machiros urged all residents to attend this meeting.
On.the recommendation of Chief Merry, appointments for full time and reserve officers were
reviewed and approved.
On the recommendation of Harbormaster Don Rowell appointments were approved for Richard
Olsen and Robert Watson.
At 7:40 p.m. it was moved and seconded to close the meeting due to a medical problem with
Selectman Adams. Chief Merry was instructed to insure Selectman Adams reached home
safely.
Respectfully submitted,
KathleenSircis, Secretary
SELECTMEN'S MEETING
AUGUST 22, 2000
Chairman Machiros opened the meeting at 7:40 p.m. Selectman Joseph S. Tevald was present.
The warrant for the state primary election to be held on September ISP was reviewed and signed
by the Selectmen.
A request from the Society for the Preservation of New England Antiquities to hang a banner at
the Upper.Green to advertise the Family Harvest Festival at the Spencer-Peirce-Little Farm was
approved.
A request from the North Shore Cyclists for use of the Upper Green on Saturday and Sunday,
August 2e& 27t' for a rest stop on their 50 mile trek was approved.
103
Selectmen's Meeting (cont'd) August 22, 2000
All appointments were held over for Selectman Adams return. Appointments are valid until
reappointment or removal.
A request for a one-day entertainment license from Atty May's Beachcomber for a private party
with acoustic folk music on Sunday September 3rd was approved tentative to the abutters and
Chief Merry's approval.
Selectman Machiros briefly reviewed recent DEP negotiations regarding the town landfill and
Title V. Chairman Machiros noted he was happy with the resolve reached with DEP and felt that
the state's recommendations will help make the landfill operate more expeditiously. He thanked
the Commonwealth for their support and welcomed their expertise. He apologized to the citizens
of Newbury for any inconvenience and delays these negotiations may have caused. He praised
the Highway Department for their clean-up efforts and work at the landfill. Selectman Tevald
stated he was also pleased with the agreement. He moved to have Chairman Machiros continue
with any and all actions necessary to address the continuation of the landfill and compliance with
Title V.
The following warrants were signed by the Selectmen:
July 25, 2000 1 W4 $ 87,306.67
PW4 42,343.90
August:j, 2000 W5 74, 652.97
PW5 40,925.63
August 8, 2000 W6 674,385.23
PW6 45,740.92
August 15, 2000 W7 649,979.24
PW7 47,202.58
The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Kathleen Simi-s,,$ecretary
SELECTMEN'S MEETING
SEPTEMBER 12, 2000
Chairman Machiros opened the meeting at 7:40,p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present.
Chairman Machiros welcomed Selectman Adams back, seconded by Selectman Tevald.
Selectman Adams thanked everyone for their well wishes, cards and prayers sent to him
in the hospital.
It was moved by Selectman Adams and seconded by Selectman Tevald to allow
Chairman Machiros to seek the employment of Camp, Dresser&McKee to replace Port
Engineering as per agreement with DEP and to take any actions necessary to address the
continuation of the landfill.
Appointments for FY2001 were accepted as submitted, as moved by Selectman Adams
and seconded by Selectman Tevald, and are on file in the Selectmen's Office. Richard
105
Selectmen's Meeting (cont'd) September 12, 2000
Cunningham's appointment to the Historic Commission was taken under advisement
with a vote of no action at this time.
It was noted that Richard Passeri had agreed to head a committee for the Manter/Mackay
fields and would like to have members from all sports groups and the open space
committee to work as part of this important committee. Betty Bear Collins, Dick
Bazirgan, and Joan Weyburn have volunteered to work with Dick to get things started.
Doug Packer will work on wetland issues and with the open space people who may
appoint their own subcommittees i?they wish.
A request for use of the Byfield Town Hall on Mondays from 3-6 p.m. by Cub Scout
Pack 44, Den 1 was approved by the Selectmen.
A tag day event for the purpose of raising funds for Triton Youth Hockey was approved
for September 28t'thru October 1".
A request from the Bay Circuit Trail Committee to place a sign on Plum Island Beach
denoting it as the northern terminus of this 200 mile-long trail was approved by the
Selectmen.
The Board reviewed a revised sanitary disposal system design plan for Flanagan, 20
Scotland Heights and approved the plan as submitted with one local upgrade variance
(310 CMR 15.404, 15.405) for groundwater separation from 4' to 3' (310 CMR 15.212)
as moved by Selectman Adams and seconded by Chairman Machiros.
Joe Tevald reported as health agent that he had performed three routine repair/upgrade
perc tests for this month. No work has been done on the Island pending DEP
clarification. He also completed the school inspections for opening day and the
inspection at Harbor Schools. Food establishment inspections were completed at Mad
Martha's, Atty May's, Dick's Variety and the Plum Island Grille. The agent's report was
accepted as moved by Selectman Adams and seconded by Chairman Machiros.
A pole hearing for Mass Electric was set for the next meeting 9/28-at 7:45 p.m.
r
Chairman Machiros advised that a 21E perimeter investigation was in the process of
being completed at the Manter and Mackay fields. It was noted that football is being
played on the Manter field with the permission of Warren Manter. When the field is
purchased by the Town, a schedule will have to be developed to prevent overlapping of
games on the fields. An active committee will be needed to support the fields with
raffles, cook-outs and fund raisers when the initial development is completed by the
Town. It was moved and seconded to allow Chairman Machrios to take any and all
actions necessary to further the development of both these properties and to incorporate
both fields under one committee which will be chaired by Richard Passeri.
The following warrants were signed by the Selectmen:
August 22, 2000 W8 $60,726.45
PW8 39,939.26
August 29, 2000 W9 38,747.73
PW9 38,528.09
September 5, 2000 W10 376,850.29
PW10 35,099.81
The meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
107
SELECTMEN'S MEETING
SEPTEMBER 26, 2000
Clerk Joseph S. Tevald opened the meeting at 7:35 p.m. Selectman Alan I. Adams was
present.
A one-day special permit for the sale of alcoholic beverages was approved for Gregg
Pugh on behalf of the Cancer Society for a benefit at PITA Hall to be held October 28 '
from 7:30 p.m. to 12:45 a.m. An insurance binder must be provided prior to issuance of
this permit.
A request from United Utility Corp. (AT&T Broadband) to open and excavate Central
Street at Parker River Drive for the installation of underground cables was granted
subject to approval by Highway Superintendent Tim Leonard.
A new dog grooming license was approved for Letitia Dort d/b/a Water Dog at 161 High
Road.
The resignation of Fred Hunt effective the end of the year was accepted with deep regret.
A request for use of the Byfield Town Hall on October 6 h from 10 a.m. to 12 noon by
Cub Scout Den 1 Pack 44 was approved.
Under Chapter 61 A,the Board agreed to release their option to purchase 6 acres at 42
Low Street (Assessors Map R33-20 & 20A), owner of record Michael Apostolos, as
moved by Selectman Adams and seconded by Selectman Tevald. No one in attendance
showed interest in the purchase of this property on behalf of the Town.
At 7:45 p.m. the legal notice for a pole hearing, plan#659 dated 8/28/00 was read by
Selectman Tevald and the hearing was declared open. David Boucher representing Mass
Electric Company stated they wished to place a new pole 8/84-1 in front of 175 Elm
Street for service and remove the existing pole across the street. Appearing in favor: Mr.
Boucher. Appearing in opposition: no one. The hearing was closed and the matter taken
under advisement. The hearing was reopened and the application for the relocation of the
pole was granted as presented as moved by Selectman Adams and seconded by
Selectman Tevald.
In conjunction with Newburyport an"Enforceable Schedule for Compliance with Title V
and Easement for Sewer& Water Connection" for buyer and sellers of pfivperty on Plum
Island was approved by the Board. The Selectmen noted that hundreds of hours were
spent by Selectman Machiros, Mayor Mead and DEP to bring this document to the
people to help in the transition of sales on the Island and a great deal ef credit should be
given to the Mayor and Angie for their efforts.
On the recommendation of Chief Merry, Gary Corbett was appointed as a fulltime officer
of the Police Department and Christopher Dort was appointed as a reserve officer, as
moved by Selectman Adams and seconded by Selectman Tevald.
John Romano was appointed Assistant Health Agent to work with the Board of Health on
a contingency basis to help with the transitional program on Plum Island and the extra
work load laid out by DEP. Mr. Romano is a state certified soil evaluator and Title V
inspector.
Selectman Tevald advised that the Board had received DEP's formal approval for the
local upgrade presented at the last meeting for Flanagan at 20 Scotland Heights. It was
moved by Selectman Tevald and seconded by Selectman Adams to accept the Flanagan
septic plans as submitted to DEP.
109
Selectmen's Meeting (cont'd) September 26, 2000
The board acknowledged the receipt of Newbury's Open Space and Recreation Plan for
2000. They commended the Open Space Committee and the Planning Board for a job
well done, recognizing the countless hours devoted to bringing this plan to completion.
Several concerned citizens questioned the Board about problems at the landfill. Their
prepared list of questions ran the gamut from the possibility of'suits against Pearson
and/or Port Engineering, an accounting of monies spent at the landfill, the hiring of
CDM, trash collection on Plum Island, contaminated soil, DEP complaints against the
Town and the effectiveness of recycling. Selectman Tevald noted that these were all
good point, however most of what was questioned is still in the hands of DEP.
Accounting of monies would have to be requested from the Treasurer and Accountant
and he would try to obtain this information for them for future inquiries.
The following warrants were signed by the Selectmen:
September 12, 2000 Wl l $526,326.14
PWl 1 43,765.79
September 19, 2000 W12 40,650.12
PW12 39,750.67
The meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
OCTOBER 10, 2000
The meeting was called to order at 7:40 p.m. Selectmen Joseph S. Tevald and Alan I.
Adams were present.
The following warrants were reviewed and signed-by the Selectmen:
September 26, 2000 W13 $264,620.49
PW13 41,467.95
October 3, 2000 W14 224,505.40
PW14 32,314.81
The Board reviewed plan#200642 dated 9/6/2000 drawn for Diane Reukaup of 13
Withington Street,Newbury for a proposed local upgrade of the existing septic system
with one local upgrade requested in accordance with 310 CMR 15.4051(i) for
groundwater separation between the bed bottom and groundwater table from the required
5' to 4'. After review and discussion it was moved and seconded to grant the variance as
presented-under local upgrade guidelines.
At 7:45 p.m. the legal notice for the Doyle hearing was read and the hearing was opened.
The Board reviewed plan#200704 dated 9/20/00 for the proposed local upgrade of the
existing septic system at 6 Morgan Avenue,Newbury. The plan requires two local
upgrade requests 1.)to reduce the property line.setback from 10' to 5' for the septic tank
(310 CMR 15.405 1(a) and 2.) 310 CMR 15.405 1(I)to reduce the required 5' separation
between the bed bottom and the groundwater table to 4' due to extreme lot constraints.
Appearing in opposition: no one. Appearing in favor: Michael and Leslie Doyle, 6
Morgan Avenue; Dale Sherman(tenant) 4 Morgan Avenue and John Callahan, 8 Morgan
Avenue. After a brief discussion, it was moved to close the hearing and take the matter
under advisement. The hearing was reopened and it was moved and seconded to grant
the variances as presented, subject to filing with DEP. The hearing was closed at 7:55
p.m.
Selectmen's Meeting (cont'd) October 10, 2000
Under Chapter 61A,the Board agreed to release their option to purchase 5 '/2 acres owned
by Richard & Bethany Allen at 97 High Road, Newbury(Assessors Map R48-44). No
one in attendance showed interest in the purchase of this property on behalf of the Town.
A request for a hearing for a kennel license for Kozazcki, 41 Parker Street,Newbury was
taken under advisement and will be scheduled for another time.
A report from the Northeast Regional Tobacco Education Collaborative on the sale of
tobacco products to minors showed a compliance rate of 89% with nine stores checked
and one sale to a.minor. Appropriate notification has been given to the non-complian6
store. No fines are issued for a first offense.
A request from the local Cub Scout Den to place a returnable bottle/can collection
container at the landfill on a permanent basis was approved by the Board. All proceeds
will go to the Scouts and they will assume responsibility for overseeing their collection
container.
A request from the Byfield Day Committee for use of the Byfield Town Hall on October
21s` for a benefit dance from 7-11 p.m. was approved by the Board.
A new installers license for John Chongris of Andover, MA for a one time installation
was taken under advisement until his credentials in other licensed towns can be checked
and review of the proposed septic plans is completed.
The Historical Commission advised that the case containing weight &measures artifacts
now housed at the Old School House on the Lower Green will be on permanent display at
the new library building. The Board applauded the Commission's initiative in finding a
more suitable habitat for these articles.
A request from Cub Scout Pack 44 for use of the Upper Green(Handtub Lane area) for
their annual fall bottle/can and used eyeglass drive on November 0 from 9 a.m. to 12
noon was approved.
A permit from Essex County Gas Co. to open and excavate 45 Main Street, Byfield for a
gas service was granted subject to Highway Superintendent Tim Leonard's approval.
An installers permit was renewed for Thomas Goodwin d/b/a Goodwin Homes Inc. of
West Newbury.
A permit was approved for Michael Strout to hold Halloween attraction at the Firemens
Memorial Hall from October 19th thru October 31". Leslie Doyle, an abutter advised that
most of their concerns had been addressed at a recent Fire Board meeting. They were,
however, concerned about parking on Morgan Avenue. Selectman Tevald stated that
temporary"no parking" signs will be posted on the even side of Morgan Avenue. He
also noted that Mike Strout had been most cooperative with the Board and the Police in
organizing this event.
Steven Smith of Plum Island inquired about"rights of way"to the ocean. Selectman
Tevald advised that they are very difficult to monitor and it is a zoning enforcement
issue. If an encroachment is brought to our attention, we will try to address it. Mr. Smith
also mentioned parking on Northern Blvd. He noted that people pull of the road onto the
grass thinking they are helping and damage the area by doing so. Chief Merry advised
that a concentrated effort would be made to warn the offenders, but where there is no
definitive boundary it is very difficult to patrol. a
Their being no other new or old business, the meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
NOVEMBER 14, 2000
The meeting was called to order at 7:35 p.m. by Clerk Joseph S. Tevald. Selectman Alan
I. Adams was present.
A request from Essex County Gas Co. to open and excavate 129 Main Street for a gas
service was granted subject to Highway Superintendent Tim Leonard's approval.
The Board reviewed a Chapter 61A option to purchase three lots owned by William
Hurley at 255 High Road. It was moved and seconded to take the notice under
advisement for further review. The Open Space Committee and Planning Board sent
notification that they had no interest in this land at this time.
A hearing date was set for Taber, 31 Sunset Drive for a"special permit"to operate a bed
&breakfast out of their home.
A mortgage discharge was signed by the Selectmen for a paid septic loan for Daniel and
Margaret Stone.
A request for use of the Byfield Town Hall on January 131h from 8:30 a.m. to 12:30 p.m.
by the local Cub Scouts and boy Scouts was approved.
A request for use of the Byfield Town Hall for a Christmas show sponsored by the
Yellow School Center for the Arts from December 8 to December 30th was approved.
Steve Cunningham, a Boy Scout leader addressed the Board with a complaint about the
condition in which the Byfield Town Hall was left for his scout meeting. He stated that
due to construction of sets, the paint fumes were very bad, the access to the bathrooms
was blocked and a locked storage room had been broken into. He said he had met with
the'arts group and had been assured that there would not be a conflict with scheduled
groups at the Town Hall, but there seems to already be a problem. Mr. Cunningham was
thanked for bringing the situation to the attention of the Board and was assured that these
problems would be discussed with the arts group and corrected.
Two bids were received for the repair of the septic system at Town Hall. They were P.A.
wilkinson @ $22,450 and Pearson Landscaping @ $15,130. It was moved and seconded
to take these bids under advisement.
The following local upgrades were approved for septic system repairs: 1.) 123 Elm St.
(Paul O'Neil) 310 CMR 15.405 1(i); 2.) 9 Riverview Drive (Carol Bresnahan) 310 CMR
15.405 1 (b)(i); 3.) 18 Orchard St. (Patricia Grimes) 310 CMR 15.405 1 (f); 4.) 305 High
Road(Kerry Shairs) 310 CMR 15.405 1 (c)(O(i); 5.) 250 High Road (Wm. Blackwood)-
3 10 CMR 15.405 1 (h)(i).
A hearing date for a change of directors and change of name for Buddy's Restaurant, '
Fruit St,Byfield was set for Dec.5th at 8:15 p.m. A hearing date for a change of manager
for Plum Island Grille was set for Dec. 5th at 8 p.m.
The following warrants were signed by the Selectmen:
October 10, 2000 W15 78,385.79
PW 15 40,718.92
October 17, 2000 W16 542,875.08
PW16 35,623.37
October 24, 2000 W17 41,571.87
PW17 35,484.61
October 31. 2000 W18 96,803.04
PW18 36,633.58
November 7, 2000 W19 68,171.23
PW19 40,025.31
115
Selectmen's Meeting (cont'd) November 14, 2000
Questions were asked about JRM Trucking on Newburyport Tpke. Joe Tevald,Doug
Packer and Brownie Taylor will do a site inspection this week to investigate the
allegations brought forth.
The well contamination on Newburyport Tpke was discussed. No information has been
received from DEP or NERO offices as yet regarding the sampling done on these
properties. DEP has taken over the jurisdiction of three of these wells, as they have
determined that they fall under"public water supply" db;ignation. The property owners
of wells not under DEP jurisdiction will be asked to follow the same guidelines set for the
public wells when the test results are received.
The self-proclaimed "Newbury Watch Dog Group"once again made accusations against
the Board of Health questioning the landfill, DEP violations and fines, CDM and cost of
Counsel for the landfill.
The meeting was adjourned at 9:05 p.m. as moved by Selectman Adams and seconded by
Selectman Tevald.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
DECEMBER 5, 2000
Clerk Joseph S. Tevald opened the meeting at 8:10 p.m. Selectman Alan 1. Adams was
present.
In accordance with Chapter 369, Acts of 1982, Section I, the public hearing on the
determination of the percentage of tax levy to be borne by each class of real property for
fiscal year 2001 was opened and the legal notice was read. *Bud Kelley, Chair of the
Board of Assessors recommended a single tier tax rate as commercial and industrial
properties represent only 3.45% of the classification. He also stated that the Assessors
did not recommend residential exemptions or small commercial exemptions, all as in
previous years. The tax rate should be approved by the State within a week of receipt of
the recap sheet. The hearing was closed and the matter taken under advisement,the
hearing was reopened and it was moved by Selectman Adams and seconded by
Selectman Tevald to approve the recommendation of the Assessors for a single tier tax
rate for FY 2001. The hearing was closed at 8:15 p.m.
A public hearing for a special permit for a B&B at 31 Sunset Drive was opened and the
legal notice was read. Appearing in favor was owner Nancy Taber. She stated they had a
three bedroom home with 2 t/2 baths and would like to use two of the bedrooms as guest
rooms. There would be no cooking facilities and there was.adec uate parking as required
in the by-laws. Speaking in opposition was Steven Smith of 35t Street who questioned
whether or not this use should be permitted at this time due to the septic system issues on
the island. Selectman Adams moved to continue the hearing and take the matter under
advisement, seconded by Selectman Tevald. Counsel will be asked to look at the
application to insure approval would not violate the town's agreements with DEP and
Newburyport.
At 8:30 p.m. the legal notice for a public hearing for a change of manager at Plum Island
Grille, 2 P.I. Blvd. was read and the hearing was opened. Appearing in favor was Mark
Friery, President of the corporation. He stated that the previous manager, Kevin
117
Selectmen's Meeting (cont'd) December 5, 2000
Desmaris was no longer with the operation and he (Mark Friery)would betaking over
the position of manager. Appearing in opposition - no one. The hearing was-closed and
the matter taken under advisement,the hearing was reopened and Selectman Adams
moved to grant the change of manager subject to ABCC approval, seconded by
Selectman Tevald. Mr. Friery questioned the possibility of using the Olga Way town
parking lot for employee parking during off season. Selectman Tevald stated he did not
know the status of the lot and would have to check into it and would advise Mr. Friery.
At 8:40 p.m. the legal notice for a public hearing for a change#of directors and a change
of the d/b/a for LDJ Restaurant Inc. was read and the hearing was opened. Appearing in
favor was Lisa Robinson, owner and manager of the restaurant. She asked to change the
name of the restaurant from Buddy's Restaurant to Village Diner/Pub and stated that she
was not sole director of the corporation. Diane O'Neil had sold out to her. She advised
that the format of the restaurant had been changed. The dining room is to the right and
consists of booths like in a diner. There is a small bar and the place has been totally
renovated. Selectman Tevald advised that a Board of Health inspection would be needed
due to the change in format. The hearing was closed and the matter taken under
advisement, the hearing was reopened and Selectman Adams moved to grant the two
requests for change of directors and change of d/b/a subject to ABCC approval, seconded
by Selectman Tevald.
Liquor license renewals for 2001 were reviewed and approved by the Selectmen for the
following establishments: Village Diner/Pub; Oldtown Country Club; Ould Newbury
Golf Club; Corner Cupboard; D&J Liquors; PJ's;Dick's Variety; Mr. Moe's;Byfield
General Store; Atty May's Beachcomber;Newbury Convenience; Plum Island Grille.
All license renewal applications were received prior to the November 30'h deadline.
A request for a one-day entertainment permit for Atty May's Beachcomber for New
Year's Eve was approved to coincide with their regular operating hours, as moved by
Selectman Adams and seconded by Selectman Tevald.
A Chapter 61A release of option to purchase land of Hurley at 255 High Road was signed
by the Selectmen, there being no one in attendance that wished to purchase this land on
behalf of the town. The Planning Board/Open Space Committees had agreed to this
release of option prior to the meeting. Nicholas Metcalf of Hay Street asked to be put on
record as being in favor of the town purchasing this land.
A request from Meg Wafters of Geophysical Survey Systems Inc. to perform a GPR
survey of the Lower Green was discussed.. The Selectmen agreed that the request had
merit but they would like some input from the Historical Commission. All the
information submitted will be turned over to Patsy Brown for her committee's
determination.
Ron Garand of Boston Road questioned the culvert pipe at the entrance of the landfill.
Selectman Tevald advised that he and Doug Packer had inspected the pipe and they had
discussed the matter with Dave Ferris of DEP. Mr. Garand asked about testing the water
from the pipe and Selectman Tevald agreed to have these tests done.
The following warrants were signed by the Selectmen:
November 14, 2000 W20 $542,170.93
PW20 34,833.47
November 21, 2000 W21 1,557,120.72
PW21 37,784.77
November 28, 2000 W22 25,828.67
PW22 44,275.12
The meeting was adjourned at 9:00 p.m. as moved by Selectman Adams and seconded by
Selectman Tevald.
119
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
DECEMBER 12, 2000
Clerk Joseph S. Tevald opened the meeting at 7:40 p.m. Selectman Alan I. Adams was
present.
The pole hearing scheduled for 7:30 p.m. was cancelled at the request of Mr. Dave
English of Mass Electric. He requested time to rework the plan and do a site visit with
the abutters. A new plan and petition will be resubmitted at a later date.
Mr. Richard Tomczyk from the Executive Office of Environmental Affairs showed a
slide presentation on the buildout analysis and data profile developed for the Town of
Newbury to be used as tools on a municipal level for land use decisions. He explained
Executive Order 418 and presented information on a$30,000 state grant available to the
town of the creation of a Community Development Plan. He explained the workings of
the Community Preservation Act which suggests a 3% surcharge on property taxes as a
means to raise revenue which may be spent on open space, affordable housing, economic
development and transportation. Jarred Whitten of MVPC described the contents of four
large maps developed by their GIS computer system. He explained that taking into
consideration current zoning, the town has room for an estimated 2500 new homes.
However, since 1990 the population has grown by only 8%. A guidebook and software
were presented to the town and the Board thanked Mr. Tomczyk and Mr. Whitten for
their time and presentation.
A thank you letter was read from Boy Scout Troop#44 and approval was given to to
request from the troop to place a notice with the Clerk's office about their bottle/can
container at the landfill. This notice will be passed out with landfill stickers.
The following license renewals were approved: Class II Used Car—Special Interest
Autos of Nbypt, AEL Trailer Sales, Federal Auto Repair and Angie's Service Station.
General Business—Ginny Moore's Parking Lot,Leonard's Parking Lot, Main St. Mini
Mart, D&J Liquors, PITA Hall, Dick's Variety, F.Thurlow Brown Books,Newbury
Gallery,Deb's Place, Karen's Dog Grooming of P.I., Colonial Coiffures, Longfellow Hill
Beauty Shop, Linda's Home Salon, A Newbury Setting, Surfland Bait & Tackle, Byfield
General Store,Bird's Nest, Twelve Rogers Lane Antiques, Poor Richard's Barn,
Fernalds's Marine, Steve's Service, Tolman Automotive, Bill's Auto Repair, Diamond
Marine,Henry C. Becker, B.D. Automotive, Reeves Automation, Goodall & SonsTractor
Co. Inc., Checkoway Oil Company, Riverfront Marine Sports Inc.,Noyes Citgo, A.L.
Prime Energy, Angie's Service Station, Applied Automotive Technology, Stor-U-Self
Storage, Volpone Towing and P.J.'s.
Alicia Raddatz of 91 High Road asked to be on record as top of the nasty list as she had
called DEP several times to investigate the landfill. She accused the Selectmen of
"McCarthyism". She also complained that she was refused a variance for her septic
system. Mr. Tevald replied that her property did not qualify for a variance as she had
ample room to install a system in full compliance with Title V. He also stated that he had
no knowledge of a"list" and had not spoken with Mr. Machiros about the matter. "List"
seems to be a term used by the news media.
Mike Doyle reported that at the Dec. 7th Finance Committee meeting he recorded the
minutes. He suggested that the FinCom be increased in size. Selectman Adams asked if
this suggestion was from the Finance Committee or from him personally and the Board
agreed to look into the matter. Mr. Doyle said that Town Counsel was at the FinCom
121
Selectmen's Meeting (cont'd) December 12, 2000
meeting and he requested that the Board ask for a second quarter invoice from Counsel.
Selectman Tevald said that a request would be made.
Questions were again raised about the performance bond and the amount paid to Pearson
which Mr. Metcalf said could not be all wages. He was advised that all invoices were
presented with back up and checked and approved by the engineer prior to payment and
are on file. The budget for tree warden expenses, septic system bids for town hall and the
possibility of a public informational meeting to include DEP and CDM weiebriefly
discussed.
The following warrants were signed by the Selectmen:
December 5, 2000 W23 $318,264.29
PW23 45,001.12
The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JANUARY 9, 2001
Chairman Machiros opened the meeting at 7:30 p.m. Selctmen Alan I. Adams and
Joseph S. Tevald were present.
The contract with CDM for evaluation and reporting on the landfill, having been
reviewed by Counsel, was signed by the Selectmen. Selectman Adams moved to
authorize Chairman Machiros to take any and all actions necessary to bring the landfill
back into operation and to work with DEP and CDM to bring this project to fruition,
seconded by Selectman Tevald.
Attorney Michelle Harrison and Jim Motzkin, President and owner of JRM appeared
before the Board to apply for a license to operate a truck depot at 60 Newburyport
Turnpike in conjunction with the existing junk yard. They explained their operation and
proposals for the site and described the work done on site to date. Brownie Taylor, Doug
Packer and Joe Tevald were asked to report on their site visits. John Cabot of Middle
Road questioned the truck routes and Mr. Motzkin was asked to work with the Highway
Superintendent regarding our secondary roads. Steven Smith asked why they had not
applied for a license until now and Ms. Harrison replied there had been some confusion
about the licensing process. Ron Garand of Boston Road stated there had been blasting
and extensive excavation on the site. Doug Packer stated there were no wetlands on the
property and therefore it was out of his jurisdiction. Mr. Motzkin stated the excavation
was just grading of a slope and DEP had investigated and had no objections to the work
being done. Ronald Strong of RB Strong Excavation advised that no blasting had
occurred, probe holes only had been drilled in the ledge. Alicia Raadtz suggested a
second inspection in the spring to better determine possible environmental concerns and
Chairman Machiros asked Doug Packer to do a spring visit. Chairman Machiros noted
that the area is visibly cleaner than it ever has been and Atty. Harrison asked that the
records show JRM's commitment to landscape the area and their promise to stay off
secondary roads except when necessary to service private citizens. Selectman Adams
moved to take the license under advisement at this time to allow the Board to look at the
environmental concerns on the site, seconded by Selectman Tevald.
Stew Hoover of 6 Orchard Street presented a petition to the Board asking that the
intersection of Middle Road and Orchard Street be posted as a 3-way stop. Several
The following warrants were signed by the Selectmen:
December 12, 2000 W24 $633,038.64
PW24 43,178.99
December_19, 2000 W25 88,597.32
PW25 37,401.70
December 26, 2000 W26 22,259.37
PW26 38,586.02
January 2, 2001 W27 144,916.71
PW27 42,362.28
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125
Selectmen's Meeting (cont'd) January 9, 2001
residents in the audience also endorsed this suggestion. Chief Merry was asked to
consult with the Highway Superintendent to see if this could be accomplished quickly.
Robert Walton was re-appointed as Newbury's designee to the PICA Group. Ted Russell
of Orchard Street and a member of PICA gave a brief report-on the P.I. Community
Airfield Group and their proposals to SPNEA for the continued operation of the P.I.
Airport. The Board thanked Mr. Russell and full support was offered to PICA as moved
by Selectman Adams,and seconded by Selectman Tevald.
Mike Doyle stated he was speaking for the Finance Committee and asked that the
committee be increased in size. Selectman Adams moved to take the matter under
advisement until a formal request is received from FinCom, seconded by Selectman
Tevald.
Landfill issues were again briefly discussed. Chairman Machiros stated that an
informational hearing with CDM would be held in early spring to try to address all issues
and options for the landfill. DEP is now opening landfills because trash is such a big
problem, he said and preserving the integrity of the Parker River is still our number one
priority.
The following licenses were approved for 2001:
Installers—Allen Rogers, Kendall Construction, Manter Co., Duncan Tree.
Landscape & Construction, Kevin Greaney Materials&Trucking, Finn Bros.
Construction, Stuart Dalzell, T.L. Norton, David Foley Sr., Richard Nunan Construction,
P.B. Johnson Inc., Killam Construction, H.A. Richards & Sons, Goodwin Homes Inc.,
Keith Walton Co.,Fitzgerald Construction, Pearson Landscaping, J.D. Hartnett & Son,
Currier Environmental Solutions, T&W Excavation, P.A. Wilkinson, Haynes& Sons,
Enpro Services, R.A. Briscoe.
Haulers—P.A. Wilkinson, Richard Briscoe, Stewarts Septic Service, Raggs Septic
Service, Pearson Landscaping, G.H. Ricker, Wind River Environmental.
General Business—Appleton Woodworking, Parker River Trading Post, Candy L
Way-Foster,Mae Atkinson antiques, Josett's Adz&Loom, AGJ Woodcrafting &
Woodworking,Norbeck Sterling, Milestone 35,High Tail Acres, Buddy's Books, Wilco
Marine, Head Tyrolia, Int'l Antique Mart; Pearson Hardware, Internal Combustion, Olde
Newbury Boat Co.,Kym's Romp&Roll Doggie Playground, Superior Auto body
Repair, Pet Lowell Co., P.I. Enterprises, Williamson Parking Lot, Wheelhouse
Parking,Guildford's Package Store, SKK Inc., LDJ Restaurant, Atty May's
Beachcomber, Atty May's Oulde Byfield Expo Tea Room, Mad Martha's Newbury
Convenience, Ould Newbury Gold Club, Haven II,Newbury Butchery, P.I. Grille,
Tendercrop Farm, Sadie's for Hair,Newbury Hair Design, Water Dog and Ja-Makin-Me
Tan.
Bob Walton, having arrived late, spoke briefly about the P.I. Airport and PICA. He
thanked the Board for their input and for working with SPNEA to keep the airport open.
The meeting was adjourned at 9:15 p.m
Respectfully submitted,
I
Kathleen Sirois, Secretary
127
SELECTMEN'S MEETING
JANUARY 23, 2001
Clerk Joseph S. Tevald opened the meeting at 7:30 p.m. Selectman Alan I. Adams was
present.
Ken Shea,Newbury resident and a director for the Yellow School Center for the Arts .
thanked the Selectmen and Counsel for their help in finalizing the lease for the Byfield
School and Byfield Town Hall. He discussed the lease and pointed out two typo's which
were corrected, initialed and the lease was signed by the Selectmen and Marshall
Jespersen as the representative of the Yellow School Center for the Arts.
One day special permits were approved for the sale of alcoholic beverages for Protection
Fire Co. #2 for February 3, 2001 from 10 a.m. to 4 p.m.; Protection Fire Co. #1 for their
annual firemen's ball at Governor Dummer Academy on March 3, 2001 from 6 p.m. to
12 midnight and Anna Jaques Hospital Aid Association for Great Chefs Night at
Governor Dummer Academy on March 16, 2001 from 6 p.m. to 12 midnight.
General business licenses were reviewed and renewed for'Cheryl's Island Clip, Apple
Cider Press &Prints and Marshview Farm.
Installers licenses were reviewed and renewed for RB Strong Excavating, Prompt
Construction, Sullivan Septic Service, Rooter Man and Boraczek Septic and Sewer.
Nicholas Metcalf of Hay Street questioned the alleged theft of materials from the landfill
and was advised that the investigation was in the hands of the proper authorities, DEP
and the Attorney General. Selectman Tevald advised that he had no additional
information on the investigation and the Board did not investigate crimes, that is up to the
Police Department. Ronald Garand said there was a video of the material being moved
from the landfill to a site in Byfield and Chief Merry had viewed this video. This fact
was disputed the following day by the Chief. Chief Merry advised that he was told of a
video but had not viewed it and he had advised both Mr. Garand and Mr. Gaspar that the
investigation was in the hands of the Attorney General.
Steven Smith inquired about his request for additional information regarding payments
on the landfill project. He was advised that the request had been turned over to the
town's accountant for processing and he should.check with Bernie if he had any
questions.
Doug Packer agreed to take another look at the possibility of wetlands at 60 Newburyport
Turnpike. The business license is still under advisement while zoning issues are being
investigated.
The following warrants were signed by the Selectmen:
January 9, 2001 W28 $223,154.12
PW28 43,564.07
January 16, 2001 W29 42,496.24
PW29 38,247.14
The meeting was adjourned at 8:20 p.m.
Respectfully submitted
Kathleen Sirois, Secretary
129
SELECTMEN'S MEETING
FEBRUARY 27, 2001
Clerk Joseph S. Tevald opened the meeting at 7:30 p.m. Selectman Alan I. Adams was
present.
The legal notice was read for a pole hearing on Plan#661, dated 12/26/00 to remove (1)
pole and locate (1) pole on Paul's Way, petitioners Mass Electric and Verizon. David
English, representing Mass Electric, stated that the original plan#644 for this pole had
been submitted and approved in 1993 but the work had never been completed. Because
the abutters had changed, Mass Electric felt they should resubmit a plan and do a site
visit with the current neighbors. Mass Electric met with the neighbors and the new plan
#661 has been approved by them. Speaking in opposition—no one. Paul Daubitz
questioned whether or not other utilities (cable, fire alarm, communications, etc) could be
strung on these poles that are permitted by the town. Mr. English stated he did not
believe they could but he would have to check with his legal department. Mr. English
will investigate and advise Mr. Daubitz of his findings. There being no other questions
or comments, the hearing was closed and the matter taken under advisement. The
hearing was reopened and Selectman Adams moved to grant the petition as presented,
seconded by Selectman Tevald. The hearing was closed at 7:40 p.m.
Chris Leahy of Millennium Engineering presented a plan for a tight tank for property at
17 Pine Island Road, owner Paula Newhall, for Board of Health approval. He stated that
the house was built on a small upland area surrounded by wet land and the only option
for this property is a tight tank. Abutters had been notified as required and DEP permits
had been prepared. Selectman Adams asked that the plan be taken under advisement due
to a potential conflict of interest. It was moved and seconded to continue this request to
the next meeting on March 131n
John Romano, Assistant Health Agent, presented four plans for septic repairs with local
upgrade requests to the Board of Health.
•• 6 Riverfront Drive (Susan Fleming)
a. 310 CMR 15.405 1(i) groundwater separation from 5' to 4'
b. 310 CMR 15.405 1(h)private well separation to leach area from 100'
to 57'
c. 310 CMR 15.203 three bedroom design to 2 bedroom design with deed
restriction to be recorded at the Essex South Registry of Deeds
• 1 Kingsford Street(Lillian Bryant)
a. 310 CMR 15.405 1(i) groundwater separation from 5' to 4'
b. 310 CMR 15.405 l(a)reduce setback from pump chamber to property
line from 10' to 7'
c. 310 CMR 15.405(b) reduce set back from pump chamber to cellar wall
from 10' to 6.5' and from leaching field to cellar wall from 20' to 17'
• 7 Withington Street(Luis Alicea)
a. 310 CMR 15.405 1(d) reduce required subsurface area from 1138 s/f
to 855 s/f
• 3 Tenney's Court (Scott Thibodeau)
a. 310 CMR 15.212(a)reduce required separation to groundwater from
4' to 3'
Septic upgrades as presented were approved as moved by Selectman Adams and
seconded by Selectman Tevald.
On the recommendation of the Harbormaster, Christopher Chaisson and Christopher Dort
were appointed as Assistant Harbormasters. Glenn Gavin will step up to the position of
Chief Harbormaster and Don Rowell will become Harbormaster Emeritus effective June
30, 2001 as moved by Selectman Adams and seconded by Selectman Tevald. Don was
thanked by the Board for his many years of dedicated service to the Town.
131
Selectmen's Meeting (cont'd) February 27, 2001
A request was approved for two one-day entertainment permits for P.I. Grille for private
wedding functions on April 71h from 7 p.m. to 11 p.m. and May 61h from 6:30 p.m. to 10
p.m. Selectman Tevald advised that the functions must be kept indoors and
recommended that the abutters be notified prior to the functions.
David Mountain of the Planning Board submitted an"open space residential development
bylaw"to the Board with a brief explanation of it's contents. The Planning Board with
the Selectman's approval will move forward with public hearings on this bylaw as well as
the "cell tower bylaw" and the "P.I. overlay district".
A request from Neal Ernstrom for a one day photo shoot on P.I. Beach next to Atty
May's on April 16th from 6 a.m. to 6 p.m. was taken under advisement to allow the Board
time to check on the liability aspect of this request. Mr. Ernstrom will be advised of their
findings.
Deborah Knight of Middle Road and Carol Larocque of Cottage Road were nominated as
Inspectors of Animals and their nominations will be submitted to the state for approval.
A request from the Parker River Clean Water Association for use of the Lower Green
Sunday, May 271h (rain date May 28th) from 10 a.m. to 4 p.m. for their annual Parker
River Festival was approved by the Selectmen. Permission was also given for banners
on the Upper and Lower Greens.
A letter from Paul Daubitz concerning the IMA between Newbury and Newburyport was
addressed. Selectman Tevald advised that to the best of his knowledge the approval of
the IMA would be on the town meeting warrant in April.
A memo from CDM regarding scheduling of an informational meeting for the landfill
was read by Selectman Tevald. Site and date are yet to be determined.
Mike Doyle questioned the legal budget and suggested the Selectmen meet with the
Finance Committee to discuss the issue. He also questioned the proposed redistricting of
our voting precincts in accordance with the Federal Census of 2000.
Mr. Metcalf asked if CDM would address potential fines from DEP and Mr. Pease's
requests for information on the landfill. Selectman Tevald stated that all pertinent
questions should be answered at the informational meeting.
Mr. Smith inquired about the JRM operation and Selectman Tevald advised that Counsel
was working on it.
Mr. Metcalf asked about the new septic system for town hall and was told that the project
would be re-bid in the spring.
The following warrants were signed by the Selectmen:
January 23, 2001 W30 $507,398.26
PW30 41,714.62
January 30, 2001 W31 54,772.44
PW31 39,673.55
February 6, 2001 W32 150,068.22
PW32 42,147.83
February 13, 2001 W33 629,156.54
PW33 44,583.58
February 20, 2001 W34 45,893.26
PW34 36,225.42
The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
1 � 3
SELECTMEN'S MEETING
MARCH 13, 2001
Chairman Machiros opened the meeting at 7:30 p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present.
On the recommendation of Richard Passeri, Chair of the Recreation Committee, contracts
were awarded to Huntress Associates of Andover for engineering and design services for
the Central Street property in the amount of$75,350 and the Kent Way property, subject
to funding, in an amount not to exceed $55,000, as moved by Selectman Adams and
seconded by Selectman Tevald.
Appointments were approved for Warren Manter and Diane Brown as members of the
Recreation Committee as moved by Selectman Adams and seconded by Selectman
Tevald.
Edwin Frazier of 173 Scotland Road presented a warrant article to the Board for inclusion
in the Town Meeting warrant to clear the titles of two properties at 173 and 175 Scotland
Road.
The warrant will be closed to petition articles on Friday, March 23`d as voted by the
Board.
A new license for Shannon Pearson d/b/a Lexa's Day Spa at 2 Fruit Street, Byfield was
approved subject to BOH inspection and the receipt of the proper applications and fees as
moved by Selectman Adams and seconded by Selectman Tevald.
As recommended by Selectmen Tevald and Adams, the appointment of Wendy Kimball
Murray as Health Agent was approved. Ms. Murray will begin her duties April 2, 2001.
The continuance of a February 27th hearing on the proposed tight tank installation for 17
Pine Island Road was opened and a brief description of the project was discussed. The
proposed plans were approved as submitted with two local upgrades, as moved by
Selectman Tevald and seconded by Chairman Machiros and will be submitted to DEP for
final approval. Selectman Adams abstained from the vote due to a potential conflict of
interest.
The following warrants were signed by the Selectmen:
February 27, 2001 W35 $ 63,713.30
PW35 39,454.58
March 6, 2001 W36 163,180.42
PW36 44,195.26
March 13, 2001 W37 ' 122,887.98
PW37 47,084.90
There being no other business, the meeting was adjourned at 8:05 p.m., as moved by
Selectman Adams and seconded by Selectman Tevald.
Respectfully submitted,
Kathleen Sirois, Secretary
135
SELECTMEN'S MEETING
r MARCH 27, 2001
Chairman Machiros opened the meeting at 7:35 p.m. Selectmen Joseph S. Tevald and
Alan I. Adams were present.
A new license was approved for Robert Hartigan and Louis Mastrangelo d/b/a Bob&
Lou's at 49 Plum Island Turnpike, subject to periodic health inspections. Operating
hours 12 noon to 6 p.m. seven days a week, summer hours 12 noon to dusk.
Receipt of a check in the amount of$1,173 representing subscriber fees for 2000 from
AT&T Broadband was acknowledged.
A license was renewed for Katherine &Robert Carleton d/b/a Parker River Enterprises at
284 High Road. A request for a second license to build and sell sail boats and dorys as a
home occupation at this address was discussed. Mr. Carleton was advised of the rules
and regulations which govern home occupations including no outside display of goods.
A temporary license was issued subject to periodic inspections for violations of the
zoning by-law.
A request from Neal Avery, coach of Triton Youth Soccer to use the Upper Green for
soccer practice was discussed. Mr. Avery will be given the option of using the Lower
Green or Manter's field for the dates requested rather than the Upper Green.
The train whistle ban is scheduled to go into effect April 2"d. Special signs will be posted
to warn motorists that whistles are not blown at our crossings.
The official dedication of the Newbury Town Library will be April 1 st at 2:30 p.m. All
are invited to attend.
A request for use of the Upper Green ball field by the Newbury Clammers Softball
League on Tuesday and Thursday evenings April to September was approved.
Residents were advised that information on MEMA's citizen hotline was posted on the
bulletin board for any resident requesting flood information or disaster assistance.
Questions on JRM and the landfill informational meeting were discussed. The
informational meeting will be held on April 10th at 7 p.m. at the elementary school
auditorium.
The following warrants were signed by the Selectmen:
March 20, 2001 W38 $495,975.31
PW38 39,023.48
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
APRIL 10, 2001
Chairman Machiros opened the meeting at 7:00 p.m. at the Newbury Elementary School
auditorium. Selectmen Joseph S. Tevald and Alan I. Adams were present.
The warrant for the April 24th Annual Town Meeting was reviewed and signed by the
Selectmen.
The following warrants were signed by the Selectmen:
137
Selectmen's meeting (cont'd) April 10, 2001
March 27, 2001 W39 $133,357.80
PW39 39,480.62
April 3, 2001 W40 55,525.15
PW40 34,780.13
The Selectmen's meeting was closed at 7:10 p.m. and CDM and the Selectmen proceeded
with the public informational meeting on the landfill.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
MAY 22, 2001
Selectman Tevald called the meeting to order at 7:30 p.m. Selectmen Alan I. Adams and
Michael Doyle were present. As Clerk of the previous board, Selectman Tevald called
for the reorganization of the board. Selectman Adams nominated Mr. Tevald as
Chairman, seconded by Mr. Doyle. Selectman Tevald accepted the position ofr the
coming year. Selectman Doyle nominated Mr. Adams as Clerk, seconded by Chairman
Tevald. Selectman Adams accepted the position.
Arthur Allen of Byfield on behalf of the Republican Town Committee presented the town
with an official framed photo of President Bush to hang in the meeting room.
The board voted to accept the 2001 re-precincting plan presented to them by the Town
Clerk as moved by Selectman Adams, seconded by Selectman Doyle and voted
unanimously. The two precincts will be divided by Route 1 and will go into effect in
2002.
On the recommendation of the Zoning Board of Appeals, Diane Brown of Byfield was
appointed as an alternate member of the Zoning Board as moved by Selectmen Adams,
seconded by Selectman Doyle and voted unanimously.
Permits to open and excavate 52 & 53 Main Street, Byfield by Keyspan Gas Co. for
corrosion maintenance were granted by the board subject to Tim Leonard's approval.
On the recommendation of Chief Merry the following persons were appointed as
lifeguards for the period 5/22/01 through 9/4/01 —Matthew Cahill, Adam Chicoine,
James Shafner, Peter Saradjian, Michael Biscardi, Benjamin Casey, Alexander Gallup,
Caroline Linehan, Kristie Hambrecht, Caitlyn Williams, Darcie Britner and head
lifeguard Andrew Cote, as moved by Selectman Adams and seconded by Selectman
Doyle.
A new license for an electronics recycling business at 78 Hanover Street, owner John
Quintiliani d/b/a Box-Q was granted as moved by Selectman Adams and seconded by
Selectman Doyle with the stipulation that there be no open storage outside and no noise.
A common victualler license was approved for Carolyn S. Gill at Adelynrood Conference
and Retreat Center as moved by Selectman Adams and seconded by Selectman Doyle. It
was noted that the premises had been inspected by the health agent.
A one-day liquor license was granted to GDA for a reunion on June 9th from 12 noon to
12 midnight as moved by Selectman Adams and seconded by Selectman Doyle.
A letter from Lois Anderson, Chair of the Trustees of the Newbury Town Library was
read by Chairman Tevald regarding the Little League field and watering concerns.
Mr.Tevald advised he had discussed this matter with the little league reps and the library
139
reps and they have come to an agreement that the little league will pay any excess
charges incurred for water usage.
A request from Claire Nicolosi of 24`h St. to permit the pavement of a 4'x72' walkway
from her home to Northern Blvd. to allow her to walk her husband who is wheelchair
bound was approved as moved by Selectman Adams and seconded by Selectman Doyle
subject to Tim Leonard and Conservation Commission supervision. Mrs. Nicolosi will
pay all costs for this project.
A hearing date on a kennel license for Teresa Kozazcki of Parker Street was set for June
12`h at 8 p.m. Notice to the abutters to be made by certified mail.
A letter of complaint from John Patrowicz regarding the lighting of the flag on the cell
tower at Ould Newbury Golf Club was read and taken under advisement. The Selectmen
will verify the legality of the illumination and rules governing the flying of the American
flag. It was suggested by the audience that a Newbury flag be flown in place of the
American flag thereby eliminating the need for illumination.
Jayne Peng questioned when and if the selectmen had approved the speical legislation for
the P.I. water/sewer project. Atty. Lagoulis advised that the special legislation had not
yet been signed. Ms. Peng also questioned the term of counsel's appointment. She was
advised that it was yearly appointment.
Jeffrey Baker representing the AQUA group gave a lengthy talk on closing the P.I.
Airport and turning the property into conservation land. He presented charts and overlays
to support his view and Bill Gette of the Audubon Society spoke in favor of AQUA's
proposal. Jane McNeal, Bob Walton, Diane Brown and Arthur Allen refuted some of
AQUA's statements. The Board advised no recommendations could be made until more
information is received from all parties. Mr. Baker was thanked for his time.
The matter of Mad Martha's advertisement as a BYOB establishment will be discussed at
the June 12`h meeting. Mr. Pugh will be asked to attend.
An agenda format was approved and will be posted with the meeting notices.
The date of the Special Town Meeting was tabled temporarily until more input is
received from DEP.
Martha Leahy requested approval on behalf of the Planning Board to schedule a public
hearing to fine tune the cell tower by-law. Her request was approved as moved by
Selectman Adams and seconded by Selectman Doyle.
A vote of the board to convene an executive session following the close of the BOH
meeting was taken and the selectmen polled with the following results—Selectman
Adams, yes; Selectman Doyle, yes; Selectmen Tevald, yes. This executive session will
be to discuss litigation with DEP relative to Title V, the landfill and the P.I. water/sewer
project. Chairman Tevald announced that the Selectmen will not re-convene in open
session afterwards. The Selectmen's meeting was closed at 9:15 p.m. and the Board of
Health meeting was opened.
Health Agent,Wendy Kimball Murray's I'agenda item was a Ding issue. Wm.
Blackwood of 251 High Road stated he had not been correctly notified of the alleged
violations at his property and he had a problem with some of the statements in the
complaint. Fearing a civil suit from his tenant, he asked that the letter of complaint he
received be revised with a statement from the wiring inspector as to what he inspected.
Chairman Tevald agreed that such a letter would be forthcoming with the wiring
inspector's comments.
A request from Mr. Walton of 72 Hanover St. that he be allowed to seek relief from a
failed Title V by connection to municipal sewer was addressed. Chairman Tevald stated
that the regulations are clear, hardship cases can seek relief from available municipal
141
sewer. It was moved by Selectman Adams, seconded by Selectman Doyle and voted
unanimously to allow Mr. Walton,to seek relief from the Newburyport Sewer
Commission.
Ms. Murray discussed 104 Pine Island Road. The existing system is in a tidal marsh. A
Clivus system has been suggested and is acceptable for"black water"but the treatment of
the"grey water" is in question. DEP has suggested using "drip irrigation" and will
forward more information on this treatment. It was the opinion of the health agent that a
conventional system would be impossible on this lot.
Ms. Murray asked to extend the perc season for new lots. Current policy permits peres in
April and May only, Title V permits a 12 month perc season. Chairman Tevald stated
that the board had previous discussions on this matter and given the fact that two months
is not enough time to perform requests for new peres, he sought a motion to amend the
current policy to read as Title V with a 12 month perc season with tight controls during
the winter months. The policy change was approved as moved by Selectman Adams and
seconded by Selectman Doyle.
Chairman Tevald updated the board and health agent on 4 Rolfe's Lane. The owner has
been notified of a failed cesspool and was given the opportunity to obtain an easement on
the next lot to install a new system pending proper testing. This easement needs to be
designated and the owners need to get together. A fourteen day time frame was given to
notify both owners.
It was moved by Selectman Adams and seconded by Selectman Doyle to allow the health
agent to seek advice from Town Counsel regarding 15 Fordham Way.
The file on the Novak property on 12th St. was submitted to the board of health for their
review and an eventual decision.
A new form for component replacements was reviewed by the board to be used in place
of a certificate of compliance for the following properties: 4 Fordham Way, 32 School
St., and 107 Central St., and all future component replacements.
A new plan was reviewed and approved for 71 Boston Rd., Conservation Commission
needs a notice of intent for this property.
A revised plan for Lot 1 Longview Lane was reviewed and approved.
A new system planned for 14 51 s'St. was tabled for research by DEP as moved by
Selectman Adams and seconded by Selectman Doyle. Millennium Engineering offered
to provide any information required.
A new system designed for 26 Middle Road was withdrawn to allow the engineer time to
revise the plans which will be resubmitted.
A new plan for Lot 3 Longview Lane was reviewed and approved.
A plan for repair/upgrade of the system at 12 Green St. was reviewed and approved with
two upgrade requests 1)reduction of groundwater separation from 4' to 3' and 2) reduce
property setback from 10' to 5'. Both properties are owned by the same family making
notification to the abutters unnecessary.
A plan for repair/upgrade of the system at 77 Main St. was reviewed and approved with
one upgrade request 1)reduction of groundwater separation from 4' to 3'.
A plan for repair/upgrade of the system at 15 Graham Avenue was reviewed and
approved with one upgrade request 1)reduction of required 5' separation between bed
bottom and groundwater to 4' due to a perc rate of less than 2 minutes.
A plan for repair/upgrade of the system at 26 Central St. was reviewed and approved
(with DEP approvals) with three upgrade requests 1) groundwater separation from 4' to
143
3' with pressure distribution 2) leach area distance to slab from 10' to 5' 3)use of
existing 1000 gal septic tank providing it passes inspection, is water tight and the baffles
are in place.
A plan for repair/upgrade of the system at 7 Chute Rd. was reviewed and approved with
one upgrade request 1)reduction of groundwater separation from 5' to 4' due to a perc
rate of less than 2 minutes.
A plan for repair/upgrade of the system at 20 Green Street was reviewed and approved as
submitted.
Ms. Murray requested that the process for board of health meetings be the same as the
selectmen's meetings with 7 days prior notice to be on the agenda. Request approved as
moved by Selectman Adams and seconded by Selectman Doyle.
Ms. Murray advised that her new telephone number is 978-499-3898. She stated the food
inspections would be starting soon with the seasonal restaurants on Plum Island first on
the lists. Beach water testing will again be done by Biomarine of Gloucester starting next
week with weekly testing and reports to the police department as well as the BOH in
Newburyport. Ms. Murray commended the.ACO's handling of a rabid raccoon in the
Knobb Hill area and also the follow-up by our public health nurse, Judy Anderson.
At 10:15 p.m. Selectman Adams moved to close the board of health meeting and adjourn
to executive session, seconded by Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
-MAY 29, 2001
Chairman Joseph Tevald opened the meeting at 7:30 p.m. Selectmen Alan I. Adams and
Mike Doyle were present.
Chairman Tevald announced that in order to meet time deadlines imposed on the town,
this meeting was called to open the warrant for a STM to be held on June 26th and this
warrant will be closed to petition articles on June 5th.
Steve Smith asked when the decision was made to hold tonight's meeting and was told
that the decision was made in the course of discussions at the executive session. Mr.
Doyle stated he walked out of the meeting and contacted his lawyer because not
everything discussed in session was regarding litigation. He said he had also contacted
Kevin Burke's office and claimed the session will become null and void and the minutes
will be made public after review by the DA's office. Mr. Tevald disagreed with Mr.
Doyle's statements.
It was moved by Selectman Adams and seconded by Selectman Doyle and voted
unanimously to hold the "special town meeting" on Tuesday, June 26th at 7:30 p.m. at
NES.
A request for use of the Upper Green from the Community United Methodist Church for
a softball game and cookout on Sunday, June IOth from 11:30 a.m. to 3 pm. was.
approved as moved by Selectman Adams and seconded by Selectman Doyle.
A request for use of the Upper Green by Merrimack River Feline Rescue Spgiety on
Saturday June 9th from 9 a.m. to 2 p.m. was granted as moved by Selectman Doyle�and
seconded by Selectman Adams, subject to Chief Merry's approval.
145
A permit request from Keyspan to open and excavate 2 Green St.to repair a gas leak was
approved as moved by Selectman Adams and seconded by Selectman Doyle and will be
forwarded to the highway superintendent.
Dave Mountain of the Planning Board received approval from the board to move forward
with a public hearing on a proposed zoning change (required uplands) section 4.1.2.3.
Selectman Doyle read a letter from the Historic Commission requesting the re-
appointment of Dick Cunningham to their commission. Mr. Doyle moved to accept Mr.
Cunningham's appointment. There was no second.
It was noted that a complaint of non-compliance had been issued to JRM from DEP.
This information will be taken into account when their request for a special permit is
received by the board.
Notice was given that a meeting of the Board will be held in Wilmington at DEP
headquarters on Thursday, May 3 1"at 2 p.m.
Matt Kozazcki, owner of Tendercrop Farm spoke of his petition asking for a vote at STM
to stop Newburyport from taking land by eminent domain in Newbury and asked if the
IMA will be approved prior to STM. Mr. Tevald stated that the IMA is not subject to a
vote of the town and the original language had been drafted by DEP to off set some other
considerations. Mr. Doyle stated he would not sign a revised IMA without some changes
and he questioned CDM's project reports on the water/sewer project as well as the
landfill. ,
The status of the "special legislation was discussed. Mr. Tevald noted that it was not
finalized and he hoped to hav6 something final prior to STM. Home rule was briefly
discussed and it was suggested that the petition be printed in the news when finalized.
Mr. Mountain noted that while home rule might give the town more power in some areg4,
the pros and cons should be weighed very carefully.
The meeting was adjourned at 8:30 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JUNE 12, 2001
Chairman Tevald opened the meeting at 7:35 p.m. Selectmen Alan I. Adams and Mike
Doyle were present.
The warrant for the Special Town Meeting to be held on 6/26/01 was reviewed and
signed by the Selectmen and will be posted by Constable Cunningham.
Mr. Tevald voiced his objection to statements made by Mr. Doyle at the 5/29 meeting
and in the news regarding the executive session. Mr. Tevald stated that Mr. Doyle did
not get up and leave the meeting as he stated, everyone left together after adjournment
and during the course of the session Mr. Doyle made no objections to the context of the
meeting.
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Selectmen's Meeting (cont'd) June 12, 2001
Mr. Tevald asked the Board for a vote to convene in executive session after the close of
the Selectmen's meeting to review and vote on the minutes of the 5/22/01 session. The
Board was polled: Mr. Adams, yes; Mr. Tevald, yes; Mr. Doyle, no not until I speak with
my lawyer. The Board will re-convene in open session after the close of the executive
session.
At 7:45 p.m. the legal notice for bids on the town hall septic system was read by
Chairman Tevald. The bids were opened and read. Four bids were received: P.A.
Wilkinson$22,450; Stuart Dalzell 23,800, J. Sullivan Construction Corp. 19,880; and
Boraczek Septic &Drain$25,952.50. J. Sullivan Construction Corp. being low bidder
will be awarded the job.
A mortgage discharge for Misenheimer, 13 Orchard Street, Byfield for payment in full of
their septic loan was signed by the Selectmen.
A one-year contract was signed with AMR Ambulance Service in the amount of
$28,000/year as an interim measure while Protection Co. #2 becomes certified in all
aspects of ambulance service.
A request for use of the Upper Green on August 25 & 26 for a 50-mile rest stop for the
North Shore Cyclists Century Ride was approved as moved by Selectman Adams and
seconded by Selectman Doyle.
A request from Rosemary Loveday of 3-35`h St. for two portable landfill stickers with no
landfill privileges was discussed and taken under advisement. Chief Merry was asked to
examine the site to determine the problem. Chief Merry stated he would be reluctant to
set a precedent by issuing these permits but would try to speak with Ms. Loveday and
would inspect the site and report back to the Selectmen. Ms. Loveday was not present at
the meeting.
The following appointments were approved for the Harbormaster department:
Chief Harbormaster—Glenn Gavin
Assistants—Michael Burke, Robert Watson, Christopher Chaisson and Eric W.
Haggstrom
Reserves—Richard Olsen and Russell Stiles
Chief Harbormaster Emeritus—Donald Rowell
Deputy Harbormaster Emeritus—Andrew Avelis Sr.
A letter from Jonathan Wells regarding the possibility of setting up a"swap shop" at the
landfill recycling area was discussed and taken under advisement for future consideration
if proper facilities'are available.
A letter from Nancy Jones regarding dogs on the beach was read and discussed. Mr.
Tevald asked the ACO for comments on the enforcement of total restriction on the beach.
Ms. Larocque advised that it was logistically not possible to enforce. Chief Merry stated
that total restriction had been previously suggested and the compromise with time limits
of 9 a.m. to 5 p.m. was implemented due to negative comments from residents who have
dogs. The ACO was asked to check with neighboring town to see how effective their
regulations are and to report back to the Board. It was moved by Selectman Adams and,
seconded by Selectman Doyle to take the suggestion under advisement until more
information can be obtained.
At 8 p.m. the legal notice for a public hearing was read for Kozazcki, 41 Parker Street,
for a business kennel license. Mr. Kozazcki was advised that a business kennel license
must state a specific number of dogs. The maximum capacity was set at 20 not including
puppies. Mr. Kozazcki was asked to submit a blueprint of the kennel to the Board for
their records. The hearing was closed for discussion and reopened as moved by
Selectman Adams and seconded by Selectman Doyle. Selectman Adams moved to grant
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Selectmen's Meeting(cont'd) June 12, 2001
the business kennel license for 20 dogs upon receipt of a blueprint of the building and
recommended periodic inspections, seconded by Selectman Doyle.
Appointments were approved for counselors for the summer recreation program for the
following persons:
Director—Ed Suprin
Sr. Counselors—Jessica Murphy, Sharon Smart,Marion Christensen, Jenn Locke,
Jeff Magner
Jr. Counselors—Kierra Clemenzi,Neil O'Malley,Nikki Wetenkamp, Jeff
Christensen, Jacob Salley, Katie Younes, Danielle Kane, Kelsey Shamano
CIT's—Amelia Random, Chris Gulino, Frank Wetenkamp, and Jackie Murphy
Notice was given that a special informational meeting on landfill options will be held at
the Firemen' Memorial Hall on June 2 1"at 7 p.m.
A possible discrepancy in the number of gallons of leachate pumped by Windriver
Environmental from the tanks at the landfill was discussed. CDM will be asked to do an
inspection and the pumping company will be asked to have a town representative present
whenever the tanks at the landfill are pumped. The tanks will be monitored by the
highway department.
Steve Smith asked to again address permits for JRM. Counsel advised that the town
could either sue the company or allow time for them to come into compliance with the
town bylaws. To date we have chosen the later. Any and all reported violations have
been inspected by the necessary entities. Mr. Smith also asked about a possible extension
of time for the MEPA draft EIR meeting. He was advised that the purpose of the meeting
was to inform the public as to the contents of the EIR and then MEPA will receive
comments from the public for about a two week period. All remarks or comments should
be made directly to MEPA at the address provided.
James Gormley suggested that a citizens committee be formed to look at options for the
landfill. Mr. Tevald advised that after the informational meeting the town will be looking
for input from the citizens.
John Aston was given permission to temporarily reside at the Byfield Yellow School as
maintenance man to prevent vandalism. The Board of Directors of the Yellow School
Center for the Arts will be voting on this proposal at their meeting of 6/12. A letter from
Page Insurance was presented stating that an on-site manager in the building would not
violate the terms and conditions of the current insurance policies for the town.
At 9 p.m. the Selectmen's meeting was adjourned and a five minute recess was called to
allow the Selectmen to meet in executive session for review of the minutes of the 5/22
session.
At 9:10 p.m. the Board of Health meeting was called to order as moved by Selectman
Adams and seconded by Selectman Doyle.
Wendy Kimball Murray presented a plan for.19 Middle Road for septic repair/upgrade
with five local upgrade requests. Mr. Leahy of Millennium Engineering stated the site
shown on the plan was the only site available on the lot for a system. It was moved to
accept the plan as submitted subject to review by DEP and their opinion regarding the
number of local upgrade requests permitted for one property.
At 9:15 p.m. the BOH meeting was briefly closed and the BOS meeting reopened to hear
Gregg Pugh of Mad Martha's. Mad Martha's is a BYOB establishment with no record of
incidents. Mr. Pugh stated that loss of this privilege would be devastating to his business.
Mr. Tevald stated that as there are no town regulations on the subject, Mad Martha's
would be allowed to continue with their policy subject to a six month probation period.
If regulations should come into being inthe interim, Mad Martha's would be subject to
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Selectmen's Meeting(cont'd) June 12, 2001
these regulations. It was moved to adjourn the BOS meeting and to reopen the BOH
meeting.
A plan for a new system for 5 Newman Road with revisions moving the leach field away
from the Parker River was approved as submitted.
A plan for a new system at 26 Middle Road was taken under advisement until the lot is
defined subject to contact with the engineer.
A plan for a new system at 14 5 V Street was tabled until the next meeting after the DEP
rules on the criteria of the nitrogen loading area.
Plans for repair/upgrade of the system at 18 Parker River Drive was approved subject to
Wendy's final check off of items required, as moved by Selectman Adams and seconded
by Selectman Doyle.
A plan for repair of the system at 3 River Street was denied as presented and will be
reviewed with DEP.
A plan for repair of the system at 8 Scotland Hts. Drive was also denied subject to review
with DEP.
A plan for a new system at 42 Central Street was tabled until the water line is delineated
on the plan by the engineering firm. A request to waive fees was approved as moved by
Selectman Adams and seconded by Selectman Doyle.
A plan for repair/upgrade to the system at 8 Lenway was approved as presented as
moved by Selectman Adams and seconded by Selectman Doyle.
A plan for repair/upgrade of the system at 82 Central Street was approved as submitted as
moved by Selectman Adams and seconded by Selectman Doyle.
A plan for repair/upgrade of the system at 48 Hay Street with one local upgrade request
to reduce separation from ground water from 4' to 3' was approved as submitted.
A plan for a new system at 55 Fatherland Drive was approved as submitted.
A plan for a new system at 43 Fatherland drive was approved as submitted.
A plan for repair/upgrade of the system at 80 Main street with one local upgrade request
to reduce ground water separation from 5' to 4' was approved as submitted.
A request from CDM for permission to apply to the Commonwealth of Massachusetts
for a variance to omit the construction of two bathroom facilities to one unisex facility
(handicap accessible) at the proposed P.I. Utility Service Station was approved. A letter
from the board with the application and fee will be submitted to the state.
A possible septic failure issue at 4 Rolfe's Lane was addressed. Dr. Sherman presented a
deed for an easement for their septic system on the adjacent lot. Dr. Sherman was asked
not to pump his tank for a four month period during which time the system will be
monitored for possible failure.
Health Agent Wendy Kimball Murray asked the board to review the files on 19-12Ih
Street (Novak) so that a decision on this property can be made.
Renovations at 20 Hutchins Terrace were approved. All permits and agreements are in
place.
Renovations at 10-20'h Street were taken under advisement pending receipt of additional
documentation and new plans.
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Selectmen's meeting (cont'd) June 12, 2001
The new owners of 111 Northern Boulevard were asked to have a new"as built" drawn
to insure the integrity of installed septic system. A well will also have to be sited at least
80' from the SAS and a water test submitted for our files. Subject to these stipulations
approval was given for the construction of a four bedroom home on this site.
A request for the addition of an office at 87 Larkin Road was tabled subject to proof that
the current system can support the flow increase of 75 gallons per 1000 sq/ft of office
space.
A letter will be drafted to residents of 16 Annapolis Way advising them of high nitrate
levels in their water in accordance with a Title V inspection conducted at this address.
Renovation of the building at 19 Old Rowley Road was approved as presented.
A procedure list for renovation on Plum Island was presented to the board for approval
and or suggestions for additions or deletions. The six step procedure was approved by
the board as presented.
Ms. Kimball Murray urged the board to be firm about time limits for the agenda and
asked for their support.
An ad from the Daily News advertising a"taste of Plum Island"to be held at PITA hall
on June 151h was discussed and a BOH inspection will be conducted prior to this event.
The meeting was adjourned at 11 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JULY 10, 2001
Chairman Tevald opened the meeting at 7:45 p.m. Selectmen Alan I. Adams and Mike
Doyle were present.
A contract for FY02 with Home Care Inc.of Newburyport in the amount of$4,336.71
was signed by the Selectmen as moved by Selectman Adams and seconded by Selectman
Doyle.
A new license for Jonathan Berg d/b/a Newbury Family Chiropractic @ 89 Hanover
Street was approved as moved by Selectman Adams and seconded by Selectman Doyle.
The Board acknowledged receipt of FY00 revenue sharing check from the Parker River
National Wildlife Refuge in the amount of$84,666.
Chief Merry reported on his investigation of a request from Rosemary Loveday of 3-351h
Street for portable parking stickers. He stated that the property was rented for the month
so he could not reach Ms. Loveday personally, but she definitely has a problem. What
was once her driveway is now a vegetated sand dune. He suggested that workmen and
renters at 3-35`h Street place a sign on their dashboard stating the circumstances of their
parking on Northern Blvd. and the desk at the station be notified. If a ticket is then issued
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Selectmen's Meeting (cont'd) July 10, 2001
in error it can be corrected by the Parking Clerk. Chief Merry also suggested that Ms.
Loveday check with the Conservation Commission to see if the drive can be reclaimed.
The board agreed with this solution rather than setting a precedent by issuing mobile
stickers.
The board voted unanimously to release an option to purchase property located at 176
Elm Street,owner of record Gail Kochackian.
Dick Passeri, Chair of the Recreation Committee updated the board on the master plan
for the Kent Way and Central Street parcels. The architectural firm, Huntress& Assoc.
of Andover have developed recommendations for use of the parcels and will develop
construction plans, bids, and follow through on the construction process. He explained
that monies were not available to complete the master plan so the work would be done
over a period of time. Questions were fielded from the audience and Mr. Passeri was
thanked by the board for his presentation and time.
Mitchell Pease addressed the board regarding ongoing trash hauling and leachate
pumping expenses being taken from-bond monies for mining and lining the landfill. He
suggested that it was improper use of funds and presented a letter to the board which was
taken under advisement as moved by Selectman Tevald and seconded by Selectman
Doyle.
Jayne Peng proposed a citizen task force to study Newbury's water and waste water
issues. The proposal was tabled pending receipt of more information from Ms. Peng
Police appointments for 2002 were read and approved.
On the recommendation of Chief Merry, April Clirizia was appointed as a reserve officer
for a one year term and Kristen Cappello was appointed full time lifeguard for the 2001
summer season as moved by Selectman Adams and seconded by Selectman Doyle.
On the recommendation of Doug Packer, Chair of the Conservation Commission, Steve
Fram of Byfield was appointed to a 3 year term on the Conservation Commission as
moved by Selectman Adams and seconded by Selectman Doyle.
Town appointments for 2002 were approved except for a hold put on Town Counsel's
appointment by Selectman Doyle. Mr. Doyle moved to table Mr. Lagoulis' appointment
with no second. After a brief discussion, it was moved by Selectman Tevald and
seconded by Selectman Doyle to appoint Counsel for a six month term to be reconsidered
at that time. Selectman Adams voted no to the change from one year to six months.
A CDM contract amendment for the landfill was discussed. Selectmen Tevald and
Adams noted the-town was in a crunch with DEP time lines as outlined in the ACO.
Selectman Doyle stated he had spoken with Madelyn Morris of DEP and these deadlines
could be waived. It was proposed that the amendment be approved through task 16(the
ISA/CSA process) and then re-evaluate closure and look at the possibility of bidding that
portion. The contract amendment was finally tabled until Thursday, July 261h when a
meeting is scheduled with CDM at 10:30 a.m. Selectman Adams reiterated his
disagreement with postponement of signing the contract.
A notice from the Local Election Review Commission approving the division of
Newbury into two voting precincts effective 12/31/01 was read and accepted.
A p&s for computer equipment for Triton(voted at the ATM of 4/24/01) was signed by
the Selectmen.
An audio tape of the 5/22 Selectmen's meeting will be submitted to the DA's office for
review to reaffirm or correct the minutes of the meeting.
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Selectmen's Meeting (cont'd) July 10, 2001
Carol Larocque reported on her findings from neighboring towns regarding dogs on the
beach. Her report was taken under advisement and Carol was asked to continue
monitoring the beach area and responding to calls there.
Attorney Lagoulis requested authorization from the board to proceed against Newbury
Trucking and JRM. It was decided to wait on JRM until recent DEP tests results were
made available to the board. It was moved by Selectman Doyle and seconded by
Selectman Adams to have Counsel proceed against Newbury Trucking.
The Board of Selectmen's meeting was adjourned at 9:40 p.m. as moved by Selectman
Adams and seconded by Selectman Doyle.
The Board of Health meeting was opened at 9:45 p.m. by Selectman Tevald. Health
Agent, Wendy Kimball Murray presented the following items for review and approval.
21 Rolfe's Lane—The Board approved as submitted a request for an addition of a pool
cabana with toilet and sink to be tied into the existing septic system. A letter from their
engineer substantiated the system was adequate for the additional flow.
4 Riverfront Drive—A request to site a new well was continued to the next meeting for
want of additional information regarding location of the well and separation distance
from the SAS.
250 High Road—A request for a copy of a letter from the wiring inspector regarding a
recent housing issue will be addressed when Mr. Robitaille's letter is received by the
health agent. It will then be forwarded to Mr. Blackwood of 250 High Road.
Scotland Road (Blackwell property)—A request from developer J. Rausch to enable him
to use soil documentation from 1999 for current plans because he has been held up by
pending open space (cluster zoning)bylaws was discussed. The board agreed that Mr.
Rausch should not be penalized by these proceedings and he was granted an extension of
time until cluster zoning is in place. At that time the area and any topographic changes
may be re-evaluated if necessary.
22-12`h Street—A permit was granted for a two bedroom septic plan with appropriate
deed restriction and a receipt of a signed and recorded enforceable schedule for
connection to water/sewer as moved by Selectman Tevald and seconded by Selectman
Doyle.
15-Fordham Way—The Board voted to allow the owner to proceed with a three bedroom
septic design and respective Counsels, DEP, and the Board will meet to discuss transition
rules criteria.
14-51"Street—A request was approved to set a meeting time with Counsels, DEP and
the Board to discuss transition rules criteria pertaining to this property.
111 Northern Blvd. —A letter was accepted from John Hartnett, installer of record of the
new system upgrade on this property. The letter certified the integrity of the system
which had been in question due to the demolition of the building on that site. The new
owner, Mr. Tolosko, will be allowed to site a new well 80' from the SAS as this is an
upgrade for the replacement of a structure. The Board requested the submittal of a water
test when the well is in place.
19-12th Street—This is an ongoing situation. Owner will be asked to attend the next
meeting for a final decision subject to submittal of all necessary paper work including an
affidavit of occupancy and a coy of the recent conservation commission decision.
Selectmen's Meeting (cont'd) July 10, 2001
66 Cottage Road—the Title 5 inspection report needs further review due to well
problems. A new deeper well has been proposed and can be sited approximately 63'
from the SAS and more than 50' from the neighbors.
5 Davoli Way—At the request of DEP, abutters wells were tested. One property did not
pass but his own system is closer to the well point than that of 5 Davoli Way. The failing
property will be asked to relocate their well point and have a new water test. The owners
of 5 Davoli Way were requested to file an enforceable schedule for water/sewer signed
by both buyer and seller.
I 1-49 h Street—VOC water test results needed to complete documentation to satisfy
DEP.
16-Annapolis Way—Property failed Title 5 inspection due to water test results.
Notification to be sent to owners stating water not fit for human consumption, owners
must contract for potable water from an outside source, and signed enforceable schedule
for water/sewer to be signed.
20 P.I. Blvd.—Owner has documentation in place including signed form that dry well has
been repaired in place,letter signed acknowledging questionable water and enforceable
schedule. Dave Ferris of DEP stated that if there is no harm or threat to public health the
ACO allows the sale of a property that fails Title 5 to go forward. A letter will be.signed
by the BOH stating that all documentation is in place and sale may go forward.
10 Southern Blvd. —Renovation plans were approved as submitted, all documentation
being in place. Structure will remain a two bedroom home and renovations will not
extend beyond the existing footprint.
20 Old Point Road—Renovation plans were approved with all documentation except for
enforceable schedule for water/sewer. Owner argued that his system is not in failure and
by signing the enforceable schedule he is stating that his system has failed or in not in
compliance. He asked for a waiver not to sign this form. Attorney Lagoulis stated that
the ACO will make everyone tie into the water/sewer system when it becomes available
so it may not be necessary for him to sign this form.
10-20d' Street—Owner also requested a waiver from signing the enforceable schedule as
he was proposing no increase in bedrooms and no increase in flow and he had a Title 5
report on file from 1998. Mr. Ferris stated that Title 5 inspection reports need to be
within a two year time frame (three years with yearly pumping records). Therefore, the
owner would need to have a current Title 5 inspection report done for this property.
5 Lenway Road—A septic repair/upgrade with one local upgrade request to reduce
groundwater separation from 4'to 3' was approved as submitted.
'26 Middle:Road—A new septic system for a commercial building was approved as
submitted subject to proof of compliance with the commercial zoning bylaws.
Middle=Road-(Tree Farm Lane)—Septic system plans approved as submitted for a four
bedroom system for new residential construction with a well.
8 Scotla -Drive-A plan for repair/upgrade of the septic system was submitted
with a qu ► ieation. Mr. Ferris recommended a deed restriction to have the
well tested SAS was not impacting the well. It was also suggested
that the doscv The plan was approved pending new calculations on
dosing and t tion for annual water testing with reports to the
BOH.
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Selectmen's Meeting (cont'd) July 10, 2001
19 Middle Road—A plan for repair/upgrade of the septic system with five upgrade
requests was reviewed by DEP. Mr. Ferris noted that a second deep hole was needed and
should be reflected on the plan. The engineer and the BOH agreed to visit the site the
following day to conduct a second deep hole test. The system was approved subject to
the submittal of a revised plan showing two deep holes.
8 South Pond Street—A plan was approved for the repair/upgrade of the septic system to
support a three bedroom home. The existing home is currently two bedrooms.
168 High Road—A plan was approved as submitted for the repair/upgrade of a system
with two local upgrade requests to reduce the setback from the SAS to the cellar wall
from 20' to 18' and to reduce the setback to BVW from 50' to 8' subject to the filing of a
notice of intent with the conservation commission.
16-Boston Road—A plan for repair/upgrade of the septic system with three local upgrade
requests to reduce the SAS by 50%using microfast treatment,reduce the cellar setback
from 10' to 6' and to reduce the SAS setback from the cellar from 20' to 17' was
reviewed. A plan revision was submitted at the meeting showing elevations of the
retaining walls which had been omitted on the original plan. Pending review of this
revised plan by the health agent,the plan will be addressed at the meeting of 8/14.
1 Parker Street . A plan for repair/upgrade of a septic system with two local upgrade
requests to reduce groundwater separation from 5' to 4' and to reduce the side slope from
15' to 5' using a membrane was approved as submitted.
42 Central Street—The septic plans for the new fire station in Byfield was tabled until
new plans are received and questions about floor drains in the building are answered.
A request from Newburyport asking for information on P.I. building permits was tabled
until discussed further with Brendan O'Reagan.
A request was granted to allow health agent, Wendy Kimball Murray to be present at
PITA Hall on Wednesday, August 8t' for an informational meeting to answer health
questions along with Newburyport's health agent and Judy Anderson of Home Care Inc.
of Newburyport.
The meeting was adjourned at 12:12 a.m. as moved by Selectman Adams and seconded
by Selectman Tevald.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JULY 26, 2001
A working meeting was held with CDM to discuss the new amendment to the contract.
Present were Selectmen Tevald, Adams and Kyle, John Donovan and Chris Koehler of
CDM and Counsel James Lagoulis. The meeting was opened at 10:35 a.m. by Selectman
Tevald.
The purpose of the,meeting was to discuss the present contract and tasks remaining,
review the amendment and address the progress of the 8/1/01 deadline for submittal of a
solid waste proposal to DEP. Mr. Donovan stated that the Town must also decide on an
option for solid waste disposal and move forward with cap &closure procedures.
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Selectmen's Meeting (cont'd) July 26, 2001
Mr. Donovan and Mr. Koehler reviewed amendment#1 and discussed the remaining
uncompleted tasks in the original contract. Mr. Tevald asked Counsel if he had heard
from DEP and Mr. Lagoulis stated only the letter of July 13th from Ms. Morris stating
that the 8/1 deadline was definite. Mr. Doyle spoke of the 7/24 informational session he
held on landfill options and the straw vote that was taken showing almost unanimous
approval of a transfer station which allows commercial haulers. He stated he was not
satisfied with CDM's performance and did not know if the town was getting its monies
worth from them. Mr. Donovan stated he felt CDM had done a good job with what they
had been given as there was originally no input from DEP and a lot has happened since
the first contract was drafted and signed. Mr. Donovan was asked to generate a letter
citing the tasks still owed the town from previous contracts and to revise the proposed
amendment#1. Due to time constraints the Board agreed to review these documents and
sign the revised contract on Monday, July 30th at 8 a.m.
Wood chip sampling, uses and/or removal, leachate collection, solid waste options and
policing the landfill were also discussed. Mr. Doyle suggested he was willing to open
bags at the landfill to inspect for outside trash and recyclables. Mr. Mello and Mr. Davis
(local haulers) were asked to speak briefly on the transfer option vs. curbside collection.
Upon the elimination of most options on the table it was unanimously voted to move
ahead with a proposal to DEP for a transfer station sited on Boston Road which allows
commercial haulers to dump in-town trash only and to start the procedure for cap and
closure.
The meeting was adjourned at 12:20 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
AUGUST 6, 2001
At 10:45 a.m. a meeting was held with Selectmen Tevald and Adams, Treasurer-Caftan
and Alan Tosti of I" South West Companies.
Mr. Tosti discussed the towns BANS coming due this week and the refinancing into
bonds. He explained our debt service and the approximate 5%0560K) savings for the
town by taking advantage of the present economic climate. Eastern Bank and-Corby
North Bridge Securities, Inc. will be the two underwriters for thisbonding. The final
official statement dated August 1,-2001 for general obligation bonds in the amount of
$14, 955,000 may be reviewed in the office of the Treasurer. The documents were signed
by the Selectmen, Treasurer and Clerk and stamped with the town seal.
The meeting was adjourried.at 11:15 a.m. as moved by Selectman Adams and seconded
by Selectman Tevald.
Respectfully submitted,
Kathleen Sirois, Secretary
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SELECTMEN'S MEETING
AUGUST 14, 2001
Chairman Tevald opened the meeting at 7:35 p.m. Selectmen Alan I. Adams and
Michael Doyle were present.
Several administrative issues were addressed for the record. A policy was established to
provide that all letter and news articles issued from the office of the selectmen will be
reviewed by the entire board prior to release. The board also agreed to document any
official calls or meetings-they attend on behalf of the town. Selectmen Tevald advised
Selectman Doyle that he could not assign a private citizen to stand in for him at town
business meetings. The case of Mr. Pease sitting in for Mr. Doyle at a recent CDM
meeting when Mr. Doyle had to leave for physical therapy appointment was cited. Mr.
Doyle corrected the records at this meeting. He stated that his business with CDM was
completed when he left the meeting and CDM agreed to stay to answer some
concerns/questions from Mr. Pease. Mr. Doyle stated he would get a letter from Mr.
Donovan of CDM corroborating this statement.
The board discussed their budgeted salary account. Jeffery Baker of Plum Island Tpke.
spoke in favor of an even distribution of monies. Selectman Doyle apologized to
Selectman Adams for a recent statement in the news questioning Mr. Adams'
contribution to the board. It was moved and seconded to divide the $15,000 evenly with
Mr. Adams voting present.
A new license was approved for Sandra Schauer and Cynthia Erekson d/b/a The Quilted
Acorn Shoppe at 72 Newburyport Turnpike as moved by Selectman Adams and seconded
by Selectman Doyle.
On the recommendation of Forest Warden-H. Verne Noyes III the following persons were
appointed for FY02: Forest Warden H. Verne Noyes III; Deputies.—William Pearson,
David W. Foley, Michael Bulgaris, Gordon C. Taylor and Wallace J. Ziehler.
On the recommendation of the Superintendent of Schools Garry Murphy, the following
persons were appointed as enforcement agents for Triton's tobacco bylaw for the
2001/2002 school year: David Riley, Carol Christie, Kathryn Dawe, Michael Harvey,
Robert Manseau, Elizabeth McAndrews and Stephen Spanger.
Conflicting recommendations from the Chief of the Fire Engineers and Protection Fire
Co. #2 for appointments to the Board of Fire Engineers were discussed. Mr. Foley of
Protection Fire Co. #2 suggested that Verne Noyes be asked to step down from the board
because of his age. Selectman Doyle moved to accept the recommendation of Fire Co.
#2 with no second. The Board of Fire Engineers will be asked to attend the next
selectmen's meeting to work out the number fo members to be on the board and persons
to be appointed.
A request from Triton Youth Hockey for permission to conduct tag days at local
businesses from September 13 to 16 was approved as moved by Selectman Adams and
seconded by Selectman Doyle.
A request from Dan Tymann for use of the Upper Green on Saturday, September 8`h from
10 a.m. to 5 p.m. for the Byfield Parish Church annual retreat weekend activities was
approved as moved by Selectman Doyle and seconded by Selectman Adams.
At the request of Selectman Doyle, Jim Motzkin of JRM and his attorney Michelle
Harrison were in attendance to address pending issues. Ms. Harrison advised that an
enforcement conference had been scheduled with DEP for August 23`d and they had been
working with Apple Assoc. on a drainage and storm water management plan for the
business. At the request of Mr: Packer of the Conservation Commission all work has
stopped except for general maintenance and clean up. Mr. Motzkin admitted the having
filled in an area of the property which has been questioned as a possible wetland site.
Mr. Doyle expressed interest in being present at the enforcement conference with DEP
if 9
and was advised by Mr. Ferris that these meetings are not held in a public forum. Ms.
Harrison advised that all concerns would be answered through the special permitting
process after the meeting with DEP.
Bill Dow representing the Newbury/Byfield Little League, addressed the board regarding
irrigation of Pearson field and the health and safety issued of dogs on the field. The
selectmen were unanimous in their support of requesting the Recreation Committee
investigate the drilling of a well on the Kent Way property as soon as possible to be used
by the entire complex. In the interim Mr. Dow will ask the library for some relief in
allowing the field to be watered and he will set up a schedule with Lois Anderson, Chair
of the Library Trustees. Mr. Dow advised that he had been locking the gates to the ball
field because of a problem with people allowing their dogs to run loose inside the fence
even though it is posted"no dogs allowed". Mr. Clemenzi of the Library Building
Committee noted that the field should be open to the public as tax dollars were spent for
its construction. It was suggested that the ACO enforce the problem of dogs on the field.
Mr. Dow also suggested that the Little League take control of Pearson field including all
up-keep and liability. Selectman Tevald advised that he should discuss this proposition
with the Recreation Committee at their next meeting and the board will abide by their
recommendations.
A request from John Dimento of 17 Graham Avenue and six neighbors to have the
intersection of Graham Avenue, So. Pond Street and Anchor Way become a four-way
stop was approved as moved by Selectman Doyle and seconded by Selectman Adams.
Highway Superintendent Tim Leonard will be asked to install appropriate signage as
soon as possible.
The Selectmen's meeting was adjourned at 8:55 p.m. as moved by Selectman Adams and
seconded by Selectman Tevald.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF HEALTH MEETING
AUGUST 14, 2001
Chairman Tevald opened the meeting at 9:05 p.m.
The Board finalized the contract with CDM with Mr. Doyle's signature being added with
a second amendment which makes CDM accountable for tasks and dollar amounts
charged.
19-12'h Street—Attorney Paul Novak represented his father, Eugene Novak regarding the
replacement of a trailer with a two bedroom home on this lot. He submitted a signed
enforceable schedule for water/sewer. He stated that no construction would take place
until the water/sewer service to P.I. was in place. If this did not occur they would then
come back to the board for approval of previously submitted septic plans which have
been reviewed by the BOH and DEP. A recent Conservation Commission decision for
this property is being appealed and will be fought in court, he stated. A discussion with
Mr. Ferris of DEP endued regarding proof of an existing system on this property and the
transition rules. Mr. Ferris advised that DEP had not approved septic designs for this
property. It is the onus of the property owner to prove whether he is entitled to an
upgrade or must comply with new construction regulations. Mr. Ferris stated it would be
inappropriate for the town to allow construction based on the possibility of water/sewer
service coming to P.I. and no approvals should be given until the PIOD is in place. Mr.
Novak advised that he was only asking for equal treatment and could foresee his civil
rights being violated by the abutters. These persons have multiple violations on their
own properties he stated and he planned to file complaints against Ms. Enos and Mr.
Mangion immediately for action by the DEP. Mr. Mangion stated he felt as though he
were being coerced. The Board voted to table the project at this time due to the appeal of
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the Conservation Commission decision and the information on hand, as moved by
Selectman Doyle and seconded by Selectman Adams.
15 Fordham Way—The Board agreed to set a date for a meeting (possibly 8/21 or 8/28)
with Counsels, DEP, and the Selectmen to further discuss building on this property. Atty.
Lagoulis will advise date when set.
14-51' Street—A meeting will be scheduled for the same day as above to also discuss
building on this property.
Lots J6-I/J6-5 Annapolis Way West—Pending the outcome of the engineer's submission
of require paperwork to DEP, either a meeting will be scheduled along with 15 Fordham
and 14-51St Street or the situation will be resolved.
25 High Road—It was voted unanimously by the Board to abandon the septic tank under
the cells and to have an alarm and grinder pump installed from the cells to the new
system on this property. Approval was also given to install stairs from the side parking
lot over the field to the front lot.
5 Davoli Way—On the recommendation of the health agent, procedures will be
maintained for documentation and no waivers will be given for sales or renovations of
properties as moved by Selectman Doyle and seconded by Selectman Adams.
113 South Street—The Board voted to accept the passing Title V inspection report for
this property which supercedes the "needs further evaluation"report as moved by
Selectman Doyle and seconded by Selectman Adams.
22-12th Street—The Board voted to proceed with a two bedroom deed restriction for this
property and they signed the enforceable schedule for water/sewer, both which must be
recorded at the Registry of Deeds. Mr. Leahy of Millennium Engineering submitted a
letter to the Conservation Commission which he had drafted for the Board to review and
if deemed appropriated will be forwarded to the commission to continue the project.
4 Riverfront—A new well for this property was approved contingent on receipt of a
deeded easement from Mr. Barton and engineering plans siting the well by the next BOH
meeting.
I I-49`h Street—It was moved by Selectman Doyle and seconded by Selectman Adams to
approved the Title V inspection report on this property with the submittal of a VOC water
test. A letter will be issued from the Board stating that all documents are in place and the
Title V inspection passed.
9 Larkin Road—For the record, Ms. Kimball Murray advised-that multiple perc tests had
been attempted on this site and failed. Suggestions for alternatives other than a tight tank
will be gratefully accepted. Selectman Tevald and Mr. Ferris agreed that drip irrigation
might be a possibility depending on the soils. Mr. Ferris suggested contacting Ron White
in the Boston DEP office for new innovations.
31 Orchard Street—Requested renovations with conflicting number of rooms. Owner is
looking for three bedrooms and septic plans on file show tank and field to support a three
bedroom home but no "as built"plan. Title V inspection only shows tank size to D-box.
Neighbor John Clemenzi stated he would vouch for there being two leach fields off the
D-box. Selectman Tevald stated it would be helpful to get the dimensions on the fields
and have a complete "as built"plan on file. The Board voted to request the engineer
excavate to determine the size of the existing fields and submit an"as built"plan of the
system. The health agent was also asked to do a walk through of the house to determine
the current number of rooms.
86 Central Street—The Board approved building plans for the renovation and
enlargement of the kitchen and addition of a half bath providing there is no change in the
number of rooms.
173
81 High Road—Building plans for the addition of a second living area were approved
and signed by the Board based on septic plans for a four bedroom structure.
18 Hanover Street—Building plans for the addition of a third bedroom were approved
and signed by the Board based on septic plans on file for a three bedroom structure.
10-2& Street—A new form for connection to water/sewer will be submitted excluding
the statement that the septic system is in failure for properties that pass a Title V
inspection on P.I. A Title V inspection report must still be submitted along with this
document for sales or renovations.
10 Southern Blvd. —Renovation plans were approved pending receipt of a recorded deed
restriction for two bedrooms and a recorded enforceable schedule for water/sewer.
3-32"d Street—Renovation plans to be submitted after repairs in place of septic tank.
Board requires an as build sketch of location of tank and tie-offs and also a signed
enforceable schedule for water/sewer prior to approval of renovation.
1 O'Connors Court—Building plans for an addition to the kitchen were approved and
signed by the Board based on receipt of a Title V inspection report showing four
bedroom capacity, water report and signed enforceable schedule for water/sewer.
87 Larkin Road—Revised septic plans do not support the addition of an office. Further
work is needed to show that the increased flow can be handled by the existing system.
11-54`h Street—Building plans for a three bedroom structure were approved and signed
by the Board, all documents being in place.
59 Northern Boulevard—Building plans for a renovation, no additional rooms, were
approved and signed by the Board, all documents being in place.
56R Central Street—It was moved by Selectman Doyle and seconded by Selectman
Adams to approve a new septic system plan contingent on the filing of a notice of intent
with the Conservation Commission.
253 High Road—The septic system plan was approved as submitted for new construction
as.moved by Selectman Doyle and seconded by Selectman Adams.
257 High Road—It was moved by Selectman Doyle and seconded by Selectman Adams
to approve a new septic system plan contingent on the filing for wetland permitting, if
necessary, as determined by the Conservation Commission.
128 High Road—The septic system plan was approved as submitted for new construction
as moved by Selectman Doyle and seconded by Selectman Adams. Planning Board
confirmation of lot separation and Conservation Commission approval received.
15-17 Coleman Road—A revised plan showing relocation of the tanks was approved as
submitted as moved by Selectman Doyle and seconded by Selectman Adams.
20 Green Street—A revised septic plan was approved as submitted. Plans revised due to
design changes for the house.
3 Olde Town Way—A septic plan for repair/upgrade of the system was approved as
submitted for a three bedroom home, no variances requested.
89 Main Street—A septic plan for repair/upgrade of the system with one local upgrade
request to reduce groundwater separation from 4' to 3' was tabled due to discrepancies
with the number of bedrooms. A walk through will scheduled to verify the number of
rooms prior to approval of this plan.
175
61 Pearson Drive—A septic plan for repair/upgrade of the system with one local upgrade
request to reduce groundwater separation from 5' to 4' was approved as submitted for a
four bedroom home.
16 Boston Road—A septic plan submitted for a Fast System needs DEP approval and a
letter from the BOH granting a variance for one deep hole. The Board voted to grant this
variance for one deep hole and will submit the plans to DEP for final approval.
101 High Road—A septic plan for repair/upgrade of the system with one local upgrade
request to reduce the cellar wall setback from 20' to 15' was approved as submitted.
4 Tory Lane—A septic plan for repair/upgrade of the system with one local upgrade
request to reduce groundwater separation from 5' to 4' was approved as submitted.
109 Main Street—A septic plan for repair/upgrade of the system with two local upgrade
requests to reduce groundwater separation from 4' to 3' and to reduce the cellar wall
setback from 20' to 15' was approved as submitted, subject to the filing of a notice of
intend with the Conservation Commission as moved by Selectman Doyle and seconded
by Selectman Adams.
Ms. Kimball Murray discussed camp licensing, retail food establishments and swimming
pools. It was voted unanimously by the Board to authorize the health agent to draft the
necessary forms and set a fee schedule for inspections for January submission to the
establishments.
A new installer's license for Val-Mac Construction of Ipswich, owner Louis Vlahos was
approved contingent on the receipt of reports from the health agent of Boxford, Topsfield
and Ipswich where Mr. Vlahos currently holds licenses.
Mr. Smith inquired as to why the health agent cannot approve most of the applications
before the board and was told that the double work was done to comply with the consent
order.
Mr. Garand accused the highway department of crushing refrigerators before removal of
freon. Selectman Tevald advised that he would contact the highway department to check
on this practice.
The meeting was adjourned at 11:57 p.m. as moved by Selectman Tevald and seconded
by Selectman Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
AUGUST 28, 2001
Chairman Tevald opened the meeting at 7:30 p.m. Selectmen Alan I. Adams and
Michael Doyle were present.
The legal notice for a pole hearing was read by Chairman Tevald and the hearing was
opened. David English, representative of Mass Electric, explained plan#662, dated
7/9/01 to place PVC conduit encased in concrete across Harvard Way from the pole to
the edge of the road at#16 to provide service to that property. Appearing in opposition-
no one. Appearing in favor-Mr. English. The hearing was closed for discussion and
reopened as moved by Selectman Adams and seconded by Selectman Doyle. Selectman
Adams moved to grant the petition as submitted, seconded by Selectman Doyle and voted
unanimously.
177
At 7:45 p.m. the legal notice for bids for highway equipment and materials was read by
Chairman Tevald. Bids were opened and read and will be forwarded to Highway
Superintendent Tim Leonard for his review and acceptance.
A request from S.P.N.E.A. to hang a banner on the back stop of the Upper Green ball
field advertising their Family Harvest Festival at the Spencer-Pierce-Little Farm was
approved by the Board as moved by Selectman Adams and seconded by Selectman
Doyle.
A request for a one-day entertainment license for Atty. May's Beachcomber Restaurant
to host blues and folk musicians on Sunday, September 2nd during regular operating hours
was approved as moved by Selectman Doyle and seconded by Selectman Adams.
At 8:00 p.m. a discussion to address appointments was held with the Board of Fire
Engineers. Present were William Pearson, Michael Bulgaris, David Foley, Tim
Wareham and Wallace Ziehler. Mr. Pearson stated he did not realize there was a problem
until he read in the news the comments made about Verne Noyes. He had recommended
a five man board as always and had replaced Mr. MacDonald of Protection Co. #2 with
Wallace Ziehler of Protection Co. #2. He stated Mr. Noyes makes good decisions for the
whole town and should not be asked to step down. Mr. Bulgaris stated that if there are
any changes made in the size of the board,there should be an equal number of members
from Fire Co. #1 and#2. Mr. Foley stated that he wanted active members on the board
and still thought Verne Noyes should step down. After a lengthy discussion regarding
meetings, the size of the board, political payback and chain of command it was decided
that the Board of Fire Engineers will be seven members: Dave Foley, Tim Wareham,
Wallace Ziehler, Verne Noyes, William Pearson, Michael Bulgaris and a third member
from Byfield to be named. These appointments were moved by Selectman Doyle and
seconded by Selectman Adams. It was also recommended that regular meetings be
scheduled and everyone try to work together for the benefit of the whole town. If this
cannot be accomplished, it was suggested that an impartial mediator be called in to
address the problems.
A proposed PIOD and schedule of hearings was submitted to the Selectmen by the
Planning Board for review. It was moved by Selectman Tevald and seconded by
Selectman Adams to send the PIOD back to the Planning Board for a public hearing.
Selectman Doyle passed. A Special Town Meeting date was set for September 25, 2001
at NES.
A request from Protection Fire Co. #2 to hold a voluntary toll to benefit Muscular
Dystrophy on September 1" from 8:30 a.m. to 4 p.m. at the intersection of High Road and
Hanover St./Role's Lane was approved.
A pre-buy contract from Lombardi Oil Co. for heating oil for the 2001-2002 season @
$1.09/gallon was signed by the Selectmen.
George Russell of 13 Davoli Way, P.I. spoke about repairs needed to a sea wall in front
of his property. A NOI is being filed with the Conservation Commission, but part of this
area is town property and he would like to file to repair the whole wall or what is left of
it. Following the guidance of the conservation commission, it was voted unanimously to
allow Mr. Russell to file the NOI for the entire wall area, including the town portion, as
the town will benefit from these repairs.
A letter from Steve Smith of 35d' Street was read questioning why a second vote was
being scheduled for the PIOD. Atty. Lagoulis replied that there was nothing to prevent
reconsideration of a town meeting vote. We owe it to the residents to try to qualify for
the low interest funding, said Selectman Tevald. Mr. Kozazcki asked about land taking
by eminent domain and was this provision removed from the IMA due to the vote at the
last town meeting. He was advised again that the results of that vote only serve as an
opinion poll. Selectman Doyle noted that there are Title V problems in other areas of
town besides P.I. and we should look into addressing water and sewer for the whole
town. I have a problem with Newburyport starting, running and controlling the P.I.
project, he stated. Selectman Tevald noted that if the town wants municipal sewer and
179
water they should bring it to town meeting for a vote. I have never discussed this
possibility with DEP, perhaps Mr. Doyle has, but it is a long shot, he said.
Mr. Garand of Boston Road asked about a cease and desist order issued to JRM by the
building inspector and the conservation commission. Selectman Tevald advised that a
cease and desist order had never been requested pending the results of reports from DEP.
A site visit had been made this date but being unfamiliar with the site they would have to
wait to address their questions with the owner tomorrow. Mr. Garand asked about
licenses and violations of the town bylaws. Atty. Lagoulis noted that back in June
violations were addressed along with what relief might be available to JRM. At that time
Mr. Doyle had spoken with Ron Stelline of DEP who was in the process of inspecting the
property and we were asked to hold off until that analysis was completed. To date we
have not had a report from Mr. Stelline. JRM was advised that relief was needed from ;
the zoning issue and if they can get that relief then they may be able to get a license. Mr.
Garand asked if the board was going to file a cease & desist. Selectman Tevald stated
that if either the building inspector or conservation commission request one the board
will serve it.
A proposal from John Keville of the Harbormaster's office to work as an assistant
computer administrator to set up web pages for the town hall offices and assist with
computer problems at a rate of$25/hour for 10 hours per week was approved subject to
available funds as moved by Selectman Doyle and seconded by Selectman Tevald.
The meeting was adjourned at 9:30 p.m. as moved by Selectman Adams and seconded by
Selectman Tevald.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
SEPTEMBER 11, 2001
Chairman Tevald opened the meeting at 7:30 p.m. Selectmen Alan I. Adams and
Michael Doyle were present.
Chairman Tevald asked for a moment of silence for the victims of the tragedies in New
York and.Washington.
Selectman Doyle made a motion to move the meeting to the Firemen's Memorial Hall
due to the number of persons present.,seconded by Selectman Adams. A five minute
recess will be taken.
The meeting was reopened at the Firemen's Memorial Hall at 7:40 p.m. as moved by
Selectman Adams,_seconded by Selectman Doyle and voted unanimously. Chairman_
Tevald announced that this was a.Selectmen's meeting not a town meeting and only
persons on the agenda wo�ild be allowed to-speak.—Outbursts-from-the audience would
not be tolerated.
The warrant for the 9/5/01 Special Town Meeting consisting of three articles was
reviewed and signed by the Selectmen and will be posted by a Constable.
Urs Duhr of Hay Street demanded that the meeting be adjourned and Selectman Doyle
agreed that the meeting should be cancelled. Mr. Duhr was cautioned that he would be
removed from the building if he continued disrupting the meeting. Selectman Doyle
moved to close the meeting, Selectman Adams voted no that the meeting should continue
and-the motion was denied.
18�.
Selectmen's Meeting (cont'd) September 11, 2001
The Special Act relative to the extension of the municipal sewer and water services to
Plum Island consisting of twelve sections was next on the agenda. A brief commotion
ensued. After several minutes of discussion, a motion was made by Selectman Adams to
approve the Special Act, Selectman-Doyle_voted no,andthe motion was seconded by
Chairman Tevald:
Two permits for the excavation of 20 Green Street and an excavation from the
Georgetown line to 177 Elm Street from Keyspan Energy for new gas services were
tabled due to disturbances in the hall and comments from Selectman Doyle.
Steve Smith_of P.I. questioned how the warrant of the 25`h will be voted and how the vote
would be counted. He was advised that it was at the discretion of the Moderator. He also
asked if the recall petition voted at the town meeting of April 24t'had been filed with the
Legislature. Selectman Doyle stated he would-file it and invited-the audience to the front
of the hall to sign a recall petition against Selectmen Tevald and Adams. After some
commotion Chairman Tevald asked-everyone to take the petitions to the rear of the hall
so the meeting could be continued.
A letter of resignation from the Recreation Committee from Richard Passeri was read and
accepted with deep regret. He was thanked for his many years of public service.
John Ashton who works with the Yellow School Center for the Arts raised the issue of an
old painting that hangs in the Byfield Town Hall. He stated that it needed some repairs
and cleaning and he had an expert in the field give him an estimate for this restoration.
Selectman Doyle moved to table the project for further investigation, seconded by
Selectman Adams. It was suggested that the painting be placed in a safe place until a
resolve is reached.
The Selectmen's meeting was closed at 8.30 as moved by Selectman Adams and
seconded by Selectman Doyle. A brief BOH meeting was called as moved by Selectman
Doyle and -seconded by Selectman Adams. A septic plan for MacCaugland of 27
Coleman Road was approved as submitted with a completed check off list from the health
agent. The BOH meeting Was closed at 8.35 p.m. as moved by Selectman Adams and
seconded by Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
OCTOBER 5, 2001
Chairman Tevald opened the meeting at 9.10 a.m. Selectmen Alan 1. Adams and
Michael Doyle were present.
A request to the Finance Committee for a-transfer from the Reserve Fund in the amount
of$39,114.86 to close out deficit accounts for FY01 was approved as moved by
Selectman Adams and seconded by Selectman Doyle. The signed request will be
forwarded to the Finance Committee for their final approval.
It Was moved by Selectman Doyle and"seconded by Selectman Adams to authorize
Chairman Tevald to be signatory for the Town of Newbury on all applications,
agreements and documents pertaining to the water/sewer project.
The Special Act-will be submitted as voted-to Representative Stanley and Senator-Tarr-to
be filed with the Legislature.
Selectmen's Meeting (cont'd) October 5, 2001 '
Attorney Lagoulis advised that as stated in his recent letter to the Board, he was
disqualifying himself from landfill"issues due to a possible conflict. He offered his help
with.interviews of potential counsels in that field.
At 9:30 a.m. an executive "session was requested for the purpose of discussing the
Newbury Trucking case and the Landfill case, both of which are in various stages of
litigation. The discussion of the landfill litigation will require"the presence Of Camp
Dresser&McKee representatives, advised Attorney Lagoulis. The Board was polled
with the following results: Mr. Adams, yes; Mr. Tevald, yes; and Mr. Doyle, yes.
Chairman Tevald advised that the Selectmen's meeting would only reconvene in open
session to be adjourned. At 1040 a.m. the meeting was reconvened and adjourned as
moved by Selectman Doyle and seconded by Selectman Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
OCTOBER 9, 2001
Chairman Tevald opened the meeting at 7:40 p.m. Selectmen Alan I. Adams and
Michael Doyle were present.
A letter from Joan Weyburn resigning from the Recreation Committee was read and
accepted with deep regret.
A letter from the Recreation Committee addressing Little League requests, funding issues
and the need for more members was read by Chairman Tevald. Two appointments were
approved for the Recreation Committee -Richard Capolupo of Rolfe's Lane and Jeffrey
Baker of Pearson Drive, as moved by Selectman Doyle and seconded by Selectman
Adams. The committee will be monitored and further appointments made as needed.
On the recommendation of Chief Merry the following persons were appointed as reserve
officers for the remainder of FY02 as moved by Selectman Doyle and seconded by
Selectman Adams-Matthew Passeri, Lawrence Kent, William E. McLaughlin III and
Jonathan M. Hubbard. Chief Merry also received permission to reserve a position in the
next fulltime academy held by the Mass Criminal Justice Training Council for one of his
officers.
Chairman Tevald announced that Halloween Trick or Treating will be Wednesday,
October 31't from 5-7 p.m. in the Town of Newbury. Chief Merry noted that he had
checked with the surrounding towns and they will also be celebrating on this day.
A request for a one-day special permit.for the sale of alcoholic beverages for a benefit at
PITA Hall on October 27''from 7 p.m. to 12:45 a.m. was approved as moved by
Selectman Adams and seconded by Selectman Doyle. The fee will be waived.
Purchase orders were signed for technology equipment for NES as part of Article 4 voted
at the Town Meeting of April 24t'.
Permits from Keyspan Energy to open and excavate Elm Street from the Georgetown line
to#177, 20 Green Street, 11 Hay Street, 15 Graham Avenue, 118 Central Street and 50
Fatherland Drive for the installation of gas services were approved as moved by
Selectman Doyle and seconded by Selectman Adams.
A new license for Lisa Rochelle Klopp d/b/a Klopp Family Chiropractic at t9-F Central
Street was approved as moved by Selectman Doyle and seconded by Selectman Adams.
Ms. Klopp was present and announced that she would be opening for business Monday,
October 15t'.
Attorney John W. Humphries representing Mr. &Mrs. Tolosko who are purchasing
property at I I I Northern Boulevard, presented the Board with a document to relinquish 185
the Town's rights to a paper road which passes between lots 13 and 14, shown on the old
Beach Company plot plans. This document would clarify the situation and prevent any
title problems. After a short discussion, the Board voted unanimously to sign the
document(extinguishment of paper road)and send it.to Counsel to be approved as to
form before releasing it to Attorney Humphries.
The Board acknowledged receipt of the Parker River Clean Water Association's 2000
Annual Sampling Report and thanked them for making it available for public viewing.
A letter from the United Nations Association of the United States of America was read
and acknowledged.
A proclamation was issued to the Women's.Crisis Center of Newburyport recognizing
October as Domestic Violence Awareness Month.
A request from Robert Fennessy of 12 Fruit Street for Newbury to accept a section of
Fruit Street as a town road was taken under advisement for further discussions with the
Planning Board as to the ramifications of this request on neighboring properties. Mr.
Fennessy will be invited back at a later date.
Ronald Garand of Boston Road asked about the results of the sampling of the woodchips
at the landfill. He was advised.that at this time there in no report for release due to the
possibility of further litigation and the need for additional testing to satisfy DEP.
Steve Smith of P.I. asked if the investigation of the leachate was still ongoing. Selectman
Doyle advised that it is not currently a problem and we will,have io wait for a wet month
to investigate further.
Mr. Smith also asked about rules for being on the agenda and would a 15 minute period
prior to the meeting be instituted. Chairman Tevald advised that the people could have a
policy established for a 15 minute pre-meeting session or leave the current policy in
place. Many surrounding towns have a 15 minute policy prior to the meetings. Mr.
Smith suggested perhaps Newbury could start their own rules. Chairman Tevald noted
that our experiences from previous meetings do not suggest that any new policies should
be allowed. However,we appreciate your suggestion and if submitted in writing and
deemed warranted, a change can be made.
Mitchell Pease of Fairview Avenue asked that his questions be withdrawn from the
agenda.
A letter from Town Clerk Donna Stefanile recommending a position upgrade for Anne
Hatheway to Assistant Town Clerk was approved as moved by Selectman Doyle and
seconded by,Selectman Adams provided funding for this position has been appropriated
in the Town Hall Admin budget. Position upgrade to take effect week beginning October
151h
A request for use of the Upper Green by Jayne Peng on behalf of the Island Future's
Group for a yard sale on October 20th was approved as moved by Selectman Doyle,
seconded by Selectman Adams and voted unanimously.
The meeting was adjourned at 8:35 p.m
Respectfully submitted,
Kathleen Sirois, Secretary
187
SELECTMEN'S MEETING
OCTOBER 23, 2001
Chairman Tevald opened the meeting at 7:35 p.m. Selectmen Alan I. Adams and
Michael Doyle were present.
A request for use of the Upper Green by Newbury Cub Scout Pack#44 for their annual
fall redeemable can and bottle drive on Saturday,November 3, 2001 from 9 a.m. to 12
noon was approved by the Board as moved by Selectman Adams, seconded by Selectman
Doyle and voted unanimously.
A request for use of the Upper Green by Newbury Cub Scout Pack#44 for a Veterans
appreciation ceremony on Monday,November 11, 2001 at 9 a.m. was approved by the
Board as moved by Selectman Adams, seconded by Selectman Doyle and voted
unanimously.
A gas permit from Keyspan Energy to open and excavate 294 Main Street for a gas
service.from street to building was approved subject to Tim Leonard's supervision as
moved by Selectmen Doyle and seconded by Selectman Adams.
A purchase order in the amount of$834 was signed for technology equipment for NES.
A new license was approved as moved by Selectman Doyle and seconded by Selectman
Adams for Blake Langone d/b/a Detailz Unlimited at 61 Main Street, Byfield. Mr.
Langone explained that the business would be to detail/clean cars and boats. There
would be no sale of parts or autos and no storage of vehicles on site except for those
being detailed. This is a permitted use in this location.as verified by the building
inspector.
A request for a public hearing date for a "special permit" from JRM was tabled until
proper documentation and the application for the special permit is received by the Board.
A letter will be sent advising JRM of the need for this documentation.
It was agreed by the Board that a fine of$200 would be levied against Warren Manter for
starting construction on a system prior to obtaining the proper permits at 48 Fatherland
Drive. This was moved by Selectman Doyle and seconded by Selectman Adams.
Chairman Tevald was recused. A letter will be sent by Attorney Lagoulis advising Mr.
Manter of the circumstances.
At the request of Jonathan Bursaw a citizens committee was established consisting of Mr.
Bursaw, Troy Carr, Paul Ivaska, Jayne Peng and Elizabeth Symanski, as moved by
Selectman Doyle and seconded by Selectman Adams,to begin work on fund raising and
plans for Fr. Sears Memorial Park on Sunset Boulevard.
Nicholas Metcalf of Hay Street questioned.several aspects of CDM's reporting on the
landfill. He was advised that no reports.would be released until after a meeting with DEP
on the 1'`of November due to the possibility'of litigation. When the Town receives
direction from DEP as to our options at the landfill then the sampling reports can be
released.
Selectman Doyle asked that finance committee appointments be addressed at the next
meeting on November 13t'.
The meeting was adjourned at 8:05 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
189
SELECTMEN'S MEETING
NOVEMBER 13, 2001
Chairman Tevald opened the meeting at 7:35 p.m. Selectmen Alan I. Adams and
Michael Doyle were present.
Three gas permits for Keyspan to open and excavate roadways located at 128 High Road,
the intersection of Hanover and Walton, and the intersection of Hanover& Walton
approximately 300' down Walton and approximately 800' in Maple Terrace were
approved as moved by Selectman Doyle and seconded by Selectman Adams.
A request from May Sarantos of Atty. May's on P.I. for a one-day private entertainment
license from November 17th from 2-6 p,m. was approved as moved by Selectman Doyle,
seconded by Selectman Adams and voted unanimously.
Marshall Jespersen of the Yellow School Center for the Arts gave a brief overview of the
work accomplished to date on the Byfield Grange Hall and future plans for the Byfield
School. In order to keep the Selectmen updated on the progress of the project, it was
agreed that copies of the minutes of the Center for the Arts Board meetings would be
forwarded to them for their review. Mr. Jespersen was thanked by the Selectmen for his
report.
Stephen Smith read a letter to the Board requesting CDM complete the mapping process
of the flood zones on P.I.to delineate the V Zone and asking that DEP provide in writing
a decision as to whether or not all of the Basin is to be considered riverfront area. The
Board agreed to ask DEP for a determination and will check on the progress of the
mapping with CDM. _
Nicholas Metcalfs request to.speak was tabled as he was not present.
Jan Loring spoke to the Board concerning unresolved issues regarding Section 12 of the
Special Act which allows Newburyport to obtain water rights in Newbury. Mrs. Loring
offered some suggestions for the protection of Newbury's natural resources and suggested
the possibility of the Old Town Water Commission being reactivated. Chairman Tevald
advised that these suggestions would be followed up with our Congressional
representatives next week.
Mitchell Pease.spoke regarding JRM and a meeting they had with the Newburyport
Water Commission and DEP concerning their potential need for city water and sewage
and the possibility of establishing a transfer station in Newbury. Selectman Doyle noted
that he had confronted DEP on this matter and didn't like the answers he was given by
Madelyn Morris. Chairman Tevald questioned why the town had a good faith meeting
regarding the landfill and possible transfer station with DEP if they were looking at,the
possibility of a larger facility a mile away. JRM permitting will be put in the hands of
legal counsel,he advised and Atty. Lagoulis will be instructed to immediately proceed
with the filing of a complaint against JRM.
Joanne Purinton commented on a recent DEP/CDM meeting in Wilmington. It was her
feeling that DEP was not satisfied with the test results presented at this meeting. She
suggested that'a group of citizens would like the Parker River tested for water quality.
Chairman Tevald advised that DEP and the Town will hold CDM responsible for all
requirements to complete their task but the Town will not request costly tests that are not
required by DEP'. Ms. Purinton also suggested that a citizens committee be formed for
solid waste and the JRM site. She was advised that while it was a good idea,a citizens
committee was a little premature until some direction is received from DEP.
, y
Ron Garand was allowed to speak briefly on JRM although no subject was noted on his
request.
It was suggested that an article be placed in the Daily News advertising for persons
interested in serving on the Personnel Board.
191
The meeting was adjourned at 8:35 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle..
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF HEALTH MEETING
NOVEMBER 13, 2001
The meeting was opened at 8:50 p.m.,by Mr. Tevald. Mr. Adams and Mr. Doyle were
present.
Three plans were reviewed for new construction of septic systems,all with town water
and no variances: 1) 174 Elm Street approved as submitted as moved by Mr. Doyle,
seconded by Mr. Adams and voted unanimously, 2) 176 Elm Street approved as
submitted as moved by Mr.Doyle, seconded by Mr. Adams and voted unanimously, 3)
45 Fatherland Drive approved as submitted as moved by Mr. Adams and secopded by. ;
Mr. Doyle. Mr. Tevald abstained from the vote due to a possible conflict of interest.
The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF HEALTH
SEPTEMBER 6,2001
Chairman Tevald opened the meeting at 7:35 p.m. Mr. Adams and Mr. Doyle were
present. The minutes of the August 10 meeting were read and accepted as moved by
Mr. Adams and seconded by Mr. Doyle.
4 Middle Road -A.renovation request was approved as submitted subject to verification
that the space above the garage is office space only with a 1/2 bath(no shower or kitchen
sink) and cannot be used as living quarters. Notification will be given to the building
inspector regarding this office area for his inspection. A title V inspection report and
building plans are in place as required.
4-1 Od' Street-A recorded enforceable schedule,water tests and a Title V inspection
report are in place. The Title V report shows "NFI" as they were unable to ascertain the
location of neighboring well points. The BOH will send notification to the owner that
these documents satisfy the requirements for the sale/renovation of this property.
4 Davoli Way-This Title V,inspection report,needs further review as neighboring well
points were not located. The enforceable schedule also needs to be signed and recorded.
When these documents are finalized a letter will be sent as notification to the owner that
the documents satisfy the requirements for the sale/renovation of this property.
25 High Road A proposal for an alarm and grinder pump to be added to the new septic
system to remedy the problem of the cells in the police station was approved as
submitted. Stairs from the side parking lot to the front of town hall will also be
constructed. An addendum to the contract with J.,Sullivan Construction Corp.was
suggested stating that all sink holes are to be refilled and compacted as needed. It was
moved by Mr. Adams and seconded by Mr. Doyle to approve the contract with this
addendum.
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12-49'h Street-A renovation request for the addition of 440 s/f to the existing structure
and the construction of a deck was approved as submitted contingent on the finding of the
Conservation Commission. An enforceable schedule,Title V inspection report and water
test are all in place. The floor plans for the addition show a total of three bedrooms with
an approved septic system for three bedrooms. There will be.no increased flow.
10-20`h Street-A renovation request was approved contingent on the receipt of a
signed/recorded enforceable schedule. A new form has been drafted by Atty. Lagoulis
for properties whose systems are.not in failure.
4 Riverfront -The plan was approved for a new well as sited by Port Engineering. Water
tests are to be submitted when well is drilled.
31 Orchard Street -A renovation request wa#s continued from the last BOH meeting. A
walk through was done by the health Agent for the purpose of verifying the room count.
A new floor plan submitted shows seven rooms with a living room wall removed for an
open space concept. However, criteria for Title V suggests that the existing basement
room should also be considered a bedroom. In order to eliminate one.of the criteria for a
bedroom it was suggested that the ceiling be lowered to less than seven feet. The
renovation plan was approved contingent on the ceiling in the basement being.lowered
and the living room divider wall being removed. No occupancy permit will be issued
until a walk through is done to verify this agreement has been effected.
8 Lunt Street- A septic repair plan was approved as submitted,no local upgrade requests
required for a four bedroom design.
16 Boston Road- A septic repair plan for a pressure dose and FAST system was
reviewed. As this is an innovative technology,DEP approval is needed. It was moved
by Mr. Doyle and seconded by Mr. Adams to draft a letter from the BOH to.DEP
approving one deep hole and the reduction of the field by 50%to be submitted along with
the engineers letter and plans for final DEP approval.
89 Main Street-It was moved by Mr.Doyle and seconded by Mr. Adams to approve the
septic repair plan as a five bedroom design for this property. A walk through by the
health agent showed a room count.of eleven.
96 Orchard Street =A septic repair plan was approved with four local upgrade requests:
1)reduce the property line setback from 10'to 5'5";2) reduce the leach area set back
from the slab foundation from 10'to 6'3"; 3) approve the perc rate of 53 minutes per inch;
4) reduce the leach area by 25% for this historic house. Both the conservation
commission and the building inspector have given their approval for this project.
16 Maple Street- It was moved by Mr. Doyle and seconded by Mr. Adams to approve the
septic plan for a two bedroom design with a recorded deed restriction as submitted. A
notice of intent has been filed with the conservation commission and the appeal period
has expired. The wetlands have been flagged and the roadway will remain a gravel drive
and will not be improved.
69 Central Street-It was moved by Mr. Doyle and seconded by Mr. Adams to approve a
septic repair plan as submitted.with one local upgrade request to reduce the 300'required
setback from the Parker River to 228'contingent on the filing of a notice of intest with
the conservation commission due to the impact on the ACEC:
Ms.Kimball Murray advised the Board of the September 12'h deadline for filing for the
recycling grants. It was agreed to wait until next year,to look at technical assistance or
equipment until the final decision about the outcome of our landfill is concluded. Ms.
Kimball Murray advised that she would be attending a scheduled field trip to Middleton
to view their recycling center and transfer station.
117 High Road- A repair plan for a two bedroom deed restricted system was approved as
submitted pending the receipt of a new revised application showing the correct field size.
195
1 Lunt Street-A septic repair plan with no local upgrade requests was tabled until a
revised plan is submitted showing corrected pump size.
114 Main Street-A septic plan for new construction for a carriage or guest house on this
property was tabled until the building inspector's decision or comments are received
regarding two structures on one lot.
22 Independence Way- It was moved by Mr. Doyle and seconded by Mr. Adams to table
f the plan for new construction at the owners request be the easement for water had
not been completed.
Mr. Doyle asked that the septic plans for 27 Coleman Road be discussed. The plans had
been received at 7 p.m. this evening. As the plan must be reviewed by the health agent to
insure that all the information is correct, it was decided that it would be addressed at the
Selectmen's Meeting on September 11t`after a check list is completed.
An installers license was approved for Tim Willey d/b/a Timothy A. Willey Excavation
of Middleton. Ms. Kimball Murray asked if the person named on the license must be at
the site for an installation or could it be other company personnel in lieu of the licensee.
It was decided that a letter will be sent with renewals the first of the year advising all
license holders that they must be on site or additional personnel must be licenses for their
company. This policy will be placed on the December agenda for a vote.
Steve Mangion of 10 Street spoke briefly about the Novak and Hibbard properties on
12'h Street. He claimed that Hibbard's septic tank was in the water table and there was no
hook up to the trailer. He was advised that the old system would not be used for new
construction. New plans would have to be submitted and approved. He was advised to
speak with the conservation commission about discrepancies on the notice of intent filed
with them.
The next meeting of the Board of Health was set for Thursday, October I Vh.
The meeting was adjourned at 10:10 p.m.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF HEALTH
SEPTEMBER 25,2001
Chairman Tevald opened the meeting at 11:05 a.m. Mr. Adams and Mn Doyle were
present.
The corrected septic application for Sylvia Farrell of 117 High Road was signed and
approved for plans submitted on 9/6/01 for a two bedroom septic design as moved by Mr. .
Adams and seconded by Mr. Doyle.
A septic loan application for Patricia Grimes of 18 Orchard.Street was reviewed and
approved for$10,000 as moved by Mr. Doyle and seconded by Mr. Adams.
A septic installers license was approved for Sean Blair d/b/a S.J.Blair Excavation of
Byfield. Mr. Blair passed the septic installers test given on September 13, 2001 with a
score of 85%.
Two septic plans for Fatherland Drive were tabled for more information from Wendy
regarding additional deep holes and peres needed to satisfy Title V.
60S 194$ -2ooy
197
A gas odor in parts of the Byfield Expo necessitated a can to R.J. Kelly to advise him of
his responsibility to assign a maintenance person to address this problem and to request
he advise the BOH when corrective actions are taken.
Mr. Doyle noted he had been told that the visitors side of the football field could not be
used due'to wetlands issues. Chairman Tevald suggested as it was not a BOH issue
perhaps Doug Packer and Dr.Murphy should get together to address the problem is there
was one.
The meeting was adjourned at 11:15 a.m. as moved by Mr. Adams and seconded by Mr.
Doyle
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF HEALTH
OCTOBER 11, 2001,
Chairman Tevald called the meeting to order at 7:30 p.m. Mr.Adams and Mr. Doyle
were present.
' A packet of draft applications and fee schedules for swimming pools, camps and food
establishments was presented to the.Board by the Health Agent for their review for a
decision as to form. It was moved by Mr. Doyle and seconded by Mr. Adams to.bring
this matter to the 11/29 meeting for final recommendations.
170 Newburyport Turnpike - This property is for sale and the Title V inspection report
shows "NFI"due to the proximity of the well to the SAS,this being less than.50'. The,
water test results show no contamination. It was the decision of the Board to allow the
owners to return at a future meeting with recommendations from their engineer as to
whether the well will be moved or the leach field(SAS)will:be moved to accommodate
the 100' separation requirement. A variance of under 100'but more than 50'will be
considered if the,engineer documents that there is no other location to place either the
well or the SAS. It was moved by Mr. Doyle and seconded by Mr. Adams to review this
matter at the next meeting if the recommendations are in place,
4 Rolfe's Lane -A dye test had been performed on this system on June 8th and the health
agent had inspected the area surrounding.the leach field on June 11, 12,and 19,July 10,
August 13 and September 6. No signs of break out were observed. It was moved by Mr.
Doyle and seconded by Mr. Adams to send a letter to the homeowner advising him of
these results.
3 Scotland Heights Drive-The septic repair plan was approved as submitted with one
local upgrade request to reduce groundwater separation from 4'to 3'as moved by Mr.
Doyle and seconded by Mr. Adams.
61 Pearson Drive this revised septic plan was approved as submitted with one local
upgrade request to reduce groundwater separation from 5'to W as moved by Mr. Adams
and seconded by Mr.Doyle. The revised plan was drawn and submitted to accommodate
a gravity system on this lot as opposed to the original plan for a pump system.
117 High Road-this revised plan with a two bedroom deed restriction was reviewed and
approved as submitted at the September 25th BOH meeting. Verification of this approval
for CDM's monthly report was moved by Mr. Adams and seconded by Mr. Doyle.
1 Lunt Street-This repair plan for five bedroom design was tabled at the September 6t"
meeting due a discrepancy showing an incorrect size on the pump chamber. A corrected
199
plan showing a 1500 gallon pump chamber was submitted and approved as moved by Mr.
Doyle and seconded by Mr. Adams.
114 Main.Street- Previously.addressed at the meeting of September a and tabled
awaiting a zoning decision from the Building Inspector. As the septic plan is compliant
as submitted to the BOH, it was.approved subject toPlanning Board and Zoning
consideration of the legality of two separate houses(living quarters)on one lot. This
approval was moved by Mr. Doyle and seconded by Mr. Adams.
22 Independence Way- Once again tabled for information regarding the status of the
demolished house from Attorney Lagoulis. This will be addressed at the next meeting.
41 Parker Street-Mr. Kozazcki presented plans for a tight tank for industrial waste from
his proposed turkey farm. Turkeys will be grown in one building and slaughtered and
processed in a second building. Floor drains will divert all industrial waste fluids into
the tight tank which will be alarmed at the 2/3rds level.. A maintenance contract for
pumping this tank is in place. Ms. Kimball Murray stated her concern about installation
of a tight tank in such a high water table. Mr. Williams of Meridian Engineering stated
they had.developed the plan for the tight tank based on worst case scenario and did not
anticipate any problems. Odor concerns were addressed. Mr. Williams stated that the
turkeys would be processed once a year for a three day period and the floor drains will
flow directly into the tight tank. Local approval is needed for application to the DEP.
The possibility of a rodent problem was also addressed by Mr. Adams. Mr. Kozazcki
advised that he was planning to put the inedible parts of the turkeys into compost to be
used as fertilizer but he could contract with Agri-Source to remove these waste parts.
The plan was approved as submitted contingent on receipt of proof of a contract with
Agri-Source for the waste parts and final approvals from DEP and the Department of
Public Health, as moved by Mr. Doyle and seconded by Mr. Adams.
10-20'h Street-The final approval of this renovation.request was once again tabled.
Corrected forms are being addressed by Counsel and will be sent to the homeowner for
completion.
4 Davoli Way-The Title V inspection report is in place and water/sewer agreements
have been sent to the owners for.signatures and recording. Final approval was tabled
until such time as completed documentation is received.
12 Exeter Way- All documentation.is in place for the transfer of property. Water/sewer
agreement signed by the Board for recording.
57 Hanover Street- Septic repair plan for a FAST system with one local upgrade request
to allow the leach field to be sited where.less than 4'of naturally occurring pervivous
material exists was approved as submitted subject to review by DEP and receipt of'a
maintenance contract for the system as moved by Mr. Doyle and seconded by Mr. .
Adams. The building inspector questioned the impact of an elevated system on the
abutters property. The close proximity to the lot line may change the drainage and will
have to be addressed at the time of installation.
28 Pearson Drive A septic repair plan with one local upgrade request to reduce ground.
water separation from 4'to 3'wasapproved as submitted as moved by Adams and
seconded by Mr. Doyle.
143 High Road- A septic repair plan with one local upgrade request to.reduce ground
water separation from 5'to 4' due to soil conditions and perc rate was approved as
submitted as moved by Mr.Adams and seconded by Mr. Doyle.
0 Fairview Avenue-A septic plan for a three bedroom new system with town water was
approved as submitted as moved by Mr. Doyle and seconded by Chairman Tevald. Mr.
Adams abstained from the vote due to a possible conflict.
. 201
16 Boston Road-Previously before the Board,a revised plan for a FAST system to`be
put in place of the old system was approved subject to final"review and approval of DEP
as moved by'Mr. Doyle and seconded by Mr. Adams.
12-49"Street-Floor plans for renovation.of this property were reviewed and approved
by the Board,all documentation being in place.
3-32°d Street Renovation plans were reviewed and approved as submitted as moved by
Mr. Doyle and seconded by Mr.Adams subject to receipt of a recorded enforceable .
schedule for water/sewer.
- 48 Fatherland Drive Previously tabled at the 9/25 meeting this is a plan for a new
system with an expired permit. Ms. Kimball Murray stated that upon DEP review it was
revealed that due to the expired permit this lot must meet current.Title V regulations and
on October I'new.peres and deep holes were tried and.did not meet the 30 minute rate.
These have been rescheduled for an overnight pert on 10/16& 10/17. However,there
are people living in the house and the septic tank is hooked up, she stated. Mr.
Armstrong(new owner).asked that his family be allowed to remain in the house. The
tank is being pumped every three days,he stated,and a contract for pumping is in place.
The Board agreed that the sooner this situation can be remedied the better for all and they
agreed to approve the new plans and,permit as soon as.reviewed by the health agent. Ms.
Kimball Murray commented that she observed two 22 degree connections to the house
from the tank and believed these connections should be straight. The Board advised that
these connections must be corrected by the installer prior to final inspection in order to be
compliant. It was moved by Mr. Doyle and seconded by Mr. Adams to allow ten days
from the date of the perc (Oct. 17)for the contractor to have anew compliant system in
place. The health agent and the Board will expedite approvals as needed and pumping
records and the contract for pumping must be submitted to the Board immediately.
Chairman Tevald recused himself due to a possible conflict of interest.
50 Fatherland Drive -this is also a case of an expired permit and will also be re-perced on
October 17fl'. As this property is not occupied, it was moved.byMr. Doyle and seconded
by Mr. Adams to follow.the Title V guidelines for this plan. Chairman Tevald was
recused from this decision.
Rte. 1 @ Newburyport Turnpike-A request to extend the perc results for this property
beyond the two years set by BOH policy as there-has been no topography changes was
tabled as moved by Mr.Doyle and seconded by Mr.Adams for further information on a
P&S for this property.
22-12" Street- Steve.Mangion, Sarah Spalding and Cneg and Tim Fountain asked to
speak regarding 22-12"' Street(Hibbard). Chairman Tevald advised that the Board would `
only hear new information. Mr. Mangion noted that Novak's well point is in question and
he was also concerned with flooding problems on the site. Chris Leahy of Millennium
Engineering stated that the Hibbards had a two bedroom deed restriction in place. Any
well on the Novak property was put in after the fact and should be made to comply with
current Title V guidelines. An enforceable schedule for water/sewer is in place for the
Hibbard property and the BOH has agreed that all outstanding septic issues have been
resolved and the project has been approved as submitted. Chairman Tevald noted that the
BOH could not address "what ifs". Mr. Mangion was thanked for his comments and
concerns.
12 Longbrook-A repair plan with three local upgrade requests 1)reduce groundwater
separation from Y to 4;2)reduce septic tank set back from foundation from 10'to 915"
and 3}reduce set back of leach bed to foundation from 20'to 18'was approved as moved
by Mr. Doyle and seconded by Mr. Adams. These requests were necessitated by wetland
issues and the siting of amenities on the lot.
7$ Central Street-Aseptic plan for a new system with town water and no variances was
approved as moved by Mr. Adams and seconded by Mr. Doyle. Chairman Tevald
abstained from the vote.
203
55 Fatherland Drive-A septic plan for a new system with town water and no variances
was approved as submitted as moved by Mr. Adams and seconded by Mr. Doyle.
Chairman Tevald abstained from the vote.
23 Fatherland Drive -A septic plan for a new system with town water and no variances
was approved as submitted as moved by Mr. Adams and seconded by Mr. Doyle.
Chairman Tevald abstained from the vote.
A press release from the public health nurse regarding flu vaccine was approved for
release'to the press as moved by Mr. Adams and seconded by Mr. Doyle. Questions
about anthrax and hepatitis clinics are in the process advised the health agent.
48 Hay Street- A tank set back changed during construction was reviewed and the "as
built" approved as submitted as moved by Mr. Doyle and seconded by Mr. Adams.
7.7R Orchard Street-A request to construct a summer camp on an island with a privy and
carry-on water supply was tabled for further investigation and review with the DEP as
moved by Mr. Doyle and seconded by Mr. Adams.
8-4`h Street.-A renovation request for the addition of a family room on the second floor
was reviewed and approved subject to receipt.of test results for the well.and a-signed
agreement to pump the system on a bi-annual basis. An enforceable schedule for water
and sewer was signed by the Board and will be recorded by the owner.
4 Withington Street- A septic plan for new construction to service an existing house with
the addition of one bedroom on a very small lot was approved as submitted as moved by
Mr. Doyle and seconded by Mr. Adams.
Gail Meserve submitted a plan for new construction for a lot off Austin Lane. This
currently is a twenty acre.lot with a 50'easement off the Austin Fields subdivision. It
still needs planning board approval and is subject to change, she stated. The Board
reviewed and approved the septic plan a submitted subject to the necessary reviews of
other pertinent boards as moved by Mr. Doyle and seconded by Mr.Adams. Ms.
1Vleserve was cautioned that if lot lines are moved the plan may be impacted and could
become null and void.
Ms. Kimball Murray requested permission to attend a BOH conference on Cape in
November. Permission was granted as moved by Mr. Adams and seconded by Mr.
Doyle.
The BOH unanimously voted to close the installation season on December 151h and to
open the season on March l"except for emergency situations.
Mr. Manter,arriving from another meeting, asked to address the Board about their
findings for 48 Fatherland Drive. He stated he had no problem with pumping the tank
every three days and producing a contract for this service but he felt the 10 day period
allowed for construction of the system might be impossible to accomplish and he did not
want to be in violation of this order. He promised he would work diligently to complete
the system as scheduled but if the plans were drawn on the 18`h and reviewed and
approved on the 22nd or 23rd there were only four days to complete the system and have it
inspected. Mr.Doyle reminded him that Title V says "no occupancy" and DEP is
looking over our shoulder. Mr.Doyle moved to revisit the previous decision and strike
the earlier motion, seconded by Mr.Adams. After a brief discussion it was moved by
Mr. Doyle and seconded by Mr. Adams to work with the developer to complete this
system in a timely manner with a pumping contract and pumping records to be submitted
immediately. Plans will be,reviewed and signed immediately upon submittal for this
property. Chairman Tevald abstained from this decision due to the possibility of a
conflict of interest. Mr. Manter was advised that a letter stating these provisions will be
sent to him with copies to CDM, DEP and the Armstrongs.
205
The minutes of the BOH meetings of September 6 and September 25 will be read for
acceptance at the next BOH meeting due to time constraints of the Board this eveningas
moved by Mr. Doyle and seconded by Mr. Adams.
The meeting was adjourned at 10:35 p.m
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF HEALTH MEETING
NOVEMBER 27; 2001
Chairman Tevald called the meeting to order at 6:45 p.m. Mr. Alan I. Adams and Mr.
Michael Doyle were present.
John Donovan and Alan Roscoe of Camp Dresser&McKee presented a draft
management report on Title V activities to be submitted in final form to DEP by
December 15''to complete this portion of the IOC. They discussed the status of
completion of this part of their contract and problem areas identified during their monthly
activity reviews. Recommendations for improvement were discussed as well as a
schedule for implementation for.these recommendations. A copy of this draft report was
left with each board member and the health agent for their review, comments,
suggestions or deletions and Mr. Donovan asked that these drafts be returned to him by .
December 1 Wh so that the final report can be implemented and submitted to DEP on the
14'h of December in order meet the IOC deadline. Mr. Donovan noted that it was CDM's
intent that this final report will satisfy DEP and the need for an independent review will
cease. Mr. Donovan and Mr. Roscoe were thanked for their presentation and time.
The meeting was adjourned at 7:25 p.m. as moved by Mr. Adams and seconded by Mr.
Doyle..
SELECTMEN'S MEETING
NOVEMBER 27, 2001
Chairman Tevald opened the meeting at 7:30 p.m. Selectmen Alan I. Adams and
Michael Doyle were present.
The legal notice for a tax classification hearing was read by Chairman Tevald and the
hearing declared open at 7:32 p.m Chairman of the Board of Assessors, Budd Kelley,
recommended that once again the Town opt for a single tier tax rate as we have less than
3%of non-residential properties. Selectman Adams moved to close the hearing and take
the matter under advisement, seconded by Selectman Doyle. The hearing was reopened
and Selectman Adams moved to accept the recommendation of the Assessors for a single
tier tax rate, seconded by Selectman Doyle and voted unanimously. The hearing was
closed as moved by Chairman Tevald and seconded by Selectman Doyle.
Attorney Gregor McGregor of McGregor Associates of Boston presented.a brief synopsis
of his firm for review.by the Board for their consideration of the firm as special counsel
on solid waste matters. McGregor Associates specializes in environmental law, real estate
and litigation services. Chairman Tevald noted that this firm offers a good mix of ;
expertise in these areas. It was moved by Selectman Doyle, seconded by Selectman
Adams and voted unanimously to retain McGregor&Associates who will meet with
Counsel to review our case. Chairman Tevald will be called to schedule site visits and
Atty. McGregor asked Selectman Doyle to collect pertinent documents as a starter set for.
his review. Atty. McGregor was welcomed on board.
w
207
Warren Manter, Chair of the Recreation Committee reported on the comprehensive plan
developed by Huntress Associates for the Manter and Mackay fields. The next phase of
the Huntress contract,he stated,is to request bids for developing these sites. However,
the project must be submitted to town meeting for a vote and to request additional
funding. He suggested that bids should be in place by April in order to complete the
project in one season. The Committee,therefore, asks the Board to consider holding a
special town meeting some time in January or February to vote on funding. The total
project is estimated at $1.4 million with approximately$400K now available. This
would be funded by a bonded 2 1/2 override at a cost of about $75-$100 per household
per year according to data from Jim Cashman. Chairman Tevald suggested that
informational hearings with the layouts of the project be held for our residents prior to
any special town meeting with the goal of having bids by March/April 2002. Selectman
Adams moved to approve the Recreation Committee's request to consider a STM,
seconded by Selectman Doyle. Mr. Manter was thanked for his input.
On the recommendation of Chief Merry the following appointments were made to the
Police Department as moved by Selectman Doyle and seconded by Selectman Adams:
p/t civilian dispatcher and matron- Lisa Touchette
f/t patrolmen,- David Murphy and Michael Frayler
A request for use of the Upper Green by the American Hand Fire Engine Society for an
official New England League handtub muster to be held on Saturday, June 22,2002 was
approved as moved by Selectman Adams and seconded by Selectman Doyle.
License renewals for 2002 were approved by the Board for the following businesses:
Class II - Special Interest Autos of Newburyport, Olde Byfield Management&
Supply Ltd., and Highline Auto Inc.
General Business -A Newbury Setting, Ould Newbury Golf Club Inc.,Norbeck
Sterling, Sadie's for Hair, Volpone Towing, F. Thurlow Brown Books, Appleton
Woodworking,Village Diner&Pub, Haven II, International Antique Mart, Ould Byfield
Expo Tea Room, Mad Martha's,B.D. Automotive, Tolman Automotive, Leonards
Parking Lot,Newbury Gallery, Reeves Automation, Ginny Moore's Parking Lot, Wilco
Marine Restorations, Checkoway Oil,Parker River Trading Post,Pearson Hardware,
Josette's Adz&Loom, Stor-U-Self Storage,Adelynrood Conference&Retreat Center,
Mae Atkinson Antiques, Henry C. Becker, Poor Richard's Barn, Dick's Variety, Bill's
Auto Repair, Mr. Moe's, Colonial Coiffures, Longfellow Hill Beauty Shop, Karen's Dog
Grooming of P.I., Byfield General Store,Bird's Nest,Twelve Rogers Lane Antiques,Pert
Lowell Co. Inc.,A.L. Prime Energy, Steve's Service, The Quilted Acorn Shoppe,
P.I.T.A., Fernald's Marine, AGJ Woodcrafting&Woodworking, Candy-L. Way-Foster,
Diamond Marine, Flukes &Finds, High Tail Acres
Selectman Doyle put a hold no the Class III license for Newbury Auto Sales Inc.
Selectman Doyle briefly addressed a letter from JRM referencing a recent site visit. Mr.
Doyle stated he took exception to the tone of the letter and would ask for Counsel's input.
Jayne Peng spoke on the status of Atty. Lagoulis' appointment as Town Counsel and
recommended that other Counsel be considered. Chairman Tevald stated that a change at
this time would be the worse thing the Town could do. Selectman Adams made a motion
to retain Attorney Lagoulis as Town Counsel through June 30, 2002, seconded by
Chairman Tevald. Selectman Doyle voted no.
Ronald Garand suggested that the wood chip testing by CDM was not done scientifically
and more tests should be required. Chairman Tevald noted that DEP charged CDM with
areas to be tested and CDM will follow DEP standards and guidelines.
Selectman Adams apprised the Board of the November 15,'public hearing on the Rte. l A
bridge that he attended. One concern addressed at this hearing was the height of the
bridge,he stated. His proposed recommendations to Mass Highway would be 1)pave the
gravel sidewalks;2)raise the bridge only to the extent that it remain in the footprint of
the area owned by the state with no land taking and 3) conduits be put in place during
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construction to address future utility needs: These recommendations were approved by
the Board and will be immediately forwarded to Mass Highway.
Selectman Doyle reported on the recent C-10 meeting he attended. He advised that the
main concern was availability of KI (potassium iodine) and this will be discussed again
next week at the Seabrook meeting he will attend with Chief Merry.
Christmas on the Green will be celebrated Sunday, December 9`h starting at 3:45 p.m.
Mr. Metcalf requested he be placed on the agenda for the December 1 Ph meeting.
The Board requested that persons interested in serving on a "citizens committee for the.
landfill" submit a letter of interest or the form from the back of the annual reports.
The meeting was adjourned at 8:55 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF HEALTH MEETING
NOVEMBER 29, 2001
Chairman Tevald opened the meeting at 7:40 p.m. Mr. Adams and Mr. Doyle were
present.
Wendy Kimball Murray advised the Board of a household hazard waste collection
meeting scheduled for Thursday, December 6'"at the Beverly Public Library from 10
a.m.to 12:30 p.m.
10-20'Street-The edited enforceable schedule for sewer/water connection for systems
not in failure has been received from Counsel and will be forwarded to Mr. Wareham for
signatures and filing so he can move forward with his plans.
12 Exeter Way- The enforceable schedule has been signed by the seller. There is no
buyer at this time.-When this form is recorded and returned to our office, a letter of
satisfaction will be sent from the Board.
57 Hanover Street-A notice of approval for an innovative FAST system was received
today from DEP. The owners still need to file a two bedroom deed restriction. Monies
will be escrowed for a sale in progress and the new system will be installed in the spring.
16 Boston Road-DEP approval was also received today for this system. The engineer
will be notified and advised they should move forward with installation even if it is
outside the December 15t'deadline as this property would be considered an example of
en emergency situation.
Rte. I (Newburyport Turnpike) - It was moved by Mr. Adams and seconded by Mr.
Doyle to extend the perc data for Devils Den for one year thru 2002 as there have been no
changes to the terrain to date.
77R Orchard Street-It was moved by Mr. Doyle and seconded by Mr. Adams to advise
the owners that the property must meet Title V guidelines for potable water and sewage
disposal for new construction. Mr. Ferris of DEP concurred that there can be no living
quarters without potable water and utilities.
On the recommendation of the health agent the Board will consider enacting a new bylaw
or BOH regulation requiring a permit or license for tobacco sales in Newbury as there is
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presently no penalty for sales to minors. The Town received a 77%compliance rating in
the latest youth access check with two stores selling tobacco to minors. If a permit or
license was required,that permit could be withdrawn for repeated violations advised Ms.
Kimball Murray..
8 Withington Street- It was moved by Mr. Doyle and seconded by Mr. Tevald to approve
this system repair plan with one local upgrade request to reduce the groundwater
separation from 5'to 4' subject to receipt of a recorded two bedroom deed restriction.
Mr. Adams abstained from the vote.
Newbury Neck Road -It was moved by Mr. Adams and seconded by Mr. Doyle to
approve the installation of a dry well for discharge of a newly installed purification
system. Discharge to the ground will only be considered if a hardship can be proved.
30 Cottage Road- During a Title V inspection on this property,the ISt water test failed.
As the house had been closed up for a lengthy period of time, the well was flushed and a
2na water test performed which passed. As we have had problems with DEP in the past
on this subject, it was moved by Mr. Adams and seconded by Mr. Doyle to request
guidelines from DEP for the testing of shallow wells which have not been used for a
substantial period of time.
4 Riverfront Drive- It was moved by Mr. Doyle and seconded by Mr. Adams to approve
as submitted the revised configuration fora well easement as it still meets the 100'
setback guidelines.
An installer's license for Milton Hamilton d/b/a JMK Construction was denied until
January when new procedures and testing will be in place.
14-51�`Street- Chairman Tevald stated he was advised by DEP not to act on this request
until after a scheduled December 17 meeting at DEP with counsels due to questions
regarding the velocity zone. Owner of the property, Mr. Peabody, argued that he had
been told by the legal department of DEP that Title V could be met and he had already
lost one sale due to delays. He was willing to agree to reduce the size of the house to 2
bedrooms with a deed restriction with the possibility of future expansion. It was moved
by Mr. Doyle and seconded by Mr. Adams to allow the health agent to contact Counsel
for a report on this meeting and a determination will be made by the Board at the
December 2e meeting on this plan.
50 Fatherland Drive-It was moved by Mr. Doyle and seconded by Mr. Adams to
approve this septic plan for new construction as submitted without a benchmark. The
hydrant on the plans will be used as a common benchmark. Mr. Tevald abstained from
the vote.
55 Fatherland Drive - It was moved by Mr. Doyle and seconded by Mr. Adams to
approve this revised plan as submitted. Original plan had expired. Mr. Tevald abstained
from the vote.
53 Fatherland Drive - It was moved by Mr. Doyle and seconded by Mr. Adams to
approve this septic plan for new construction as submitted without a benchmark. The
hydrant on the plans will be used as a common benchmark. Mr. Tevald abstained from
the vote.
8 Fairview Drive-It was moved by Mr. Doyle and seconded by Mr. Adams to approve
this plan for new construction of a gravity system as submitted.
11 Lunt Street-This repair plan with one local upgrade request to reduce groundwater
separation from 5'to 4'was tabled until such time as all conservation commission
requirements are met. Perc sites are to be added to the plans.
18 Temple Boulevard-A renovation request with the possible addition of one bedroom
after water/sewer construction was tabled until the December 20`h meeting awaiting
receipt of current water test results. An enforceable schedule is in place.
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22 Independence- A revised plan was submitted as a repair/upgrade with a design change
to a retaining wall as required by the conservation commission. As there is a question as
to the location of the demolished house,the Board agreed to do a site visit and to seek
advice from Counsel and DEP as to whether the property meets the criteria for a repair.
The Board advised the engineer, Matt Brassard,that the proposed well easement on town
property would not be considered. Mr. McCarthy(465-3339)requested he be notified of
the date of the site visit. It was moved by Mr. Doyle and seconded by Mr. Adams to
table this plan until the meeting of the 20tn
3 Olde Town Way-A revised repair plan was submitted by Oak Engineering for an
innovative technology developed by Septi Tech and approved for remedial use by DEP.
Jim Taylor of Septi Tech explained the workings of the system to the Board. It was
moved by Mr. Doyle and seconded by Mr. Adams to approve two variances for this
system 1) a 50%reduction in field size and 2) a 2'reduction in groundwater separation.
A letter of approval of these variances will be forwarded to DEP for their final approval ;
for construction. The Board also agreed to consider installation after the December 15`h
deadline pending weather conditions at the time final approval is received. A form 9A
and 9B were signed for DEP.
The Town Clerk asked that the Board consider an increase in the price of landfill stickers
for 2002. A survey of surrounding towns will be done and a decision made at the
December 11th meeting.
Ms. Kimball Murray addressed license forms and inspection fees and the following fees
were accepted for 2002 by the Board: .
Food Establishment
Retail Food $75 annual and seasonal*
Food Service $100 annual and $75 seasonal*
Caterer $100 annual and seasonal*
Residential $100 annual and seasonal*
Temporary. (1 day to 1 month) $50
*(seasonal- more than 1 month/less than 4 months)
Camps (all) $200
Tanning Salons $100
Massage Parlors $100
Therapist/Operator $100
Swimming Pools $100
Tobacco(if approved) $50
The Board will also look at instituting regulations for body art,piercing and tattooing and
will review town regulations for massage parlors.
The next BOH meeting will be December 20, 2001 at 7:30 p.m.
The meeting was adjourned at 10:35 p.m. as moved by Mr. Adams and seconded by Mr.
Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
DECEMBER 11, 2001
Chairman Tevald opened the meeting at 7:35 p.m. Selectmen Alan Adams and Mike
Doyle were present.
The minutes of the November 27t`meeting were read and accepted as moved by
Selectman Doyle and seconded by Selectman Adams.
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At 7:40 p.m. the legal notice for a pole hearing, petition#663, dated 10/24/01,to erect two
new poles#10/13 and#10/14 on High Road was read by Chairman Tevald. David
English of Mass Electric explained that these poles were to provide service to new homes
being constructed in the area. Appearing in opposition: no one. Appearing in favor:
David English. The hearing was closed as moved by Selectman Adams and seconded by
Selectman Doyle to take the matter under advisement. The hearing was reopened and
Selectman Adams moved to grant the petition as submitted, seconded by Selectman
Doyle.
Liquor license renewals for 2002 were reviewed and approved as moved by Selectman
Adams and seconded by Selectman Doyle.
Landfill sticker fees were discussed and the Town Clerk presented the Board with a
survey of Mass towns with landfills which showed that an increase in our sticker fees was
definitely warranted at this time. It was voted unanimously by the Board that the landfill
fee for 2002 will be $50 for the I'sticker and$5 for each additional sticker. Senior
citizens(65 and over)will be $25 and parking only on P.I.will remain at $5 each.
Commercial/business rates will be discussed and finalized at the 10/20 BOH meeting.
General business licenses were reviewed and approved for 2002 as moved by Selectman
Doyle and seconded by Selectman Adams for the following: Angie's Service Station,
Byfield Trading Co.,Internal Combustion, Detailz Unlimited, Box-Q, Surfland Bait and
Tackle Shop, Olde Newbury Boat Co.,Newbury Hair Design, Applied Automotive
Technology, Wheelhouse Parking,Newbury Convenience Store,Williamson Parking
Lot,P.I. Enterprises, Deb's Place and Tendercrop Farms. Also, Class II Used Car for US
#1 Auto Marine and Angie's Service Station.
Steve Smith spoke of a traffic problem caused by the back up of cars attempting to gain
entrance to Williamson's Parking Lot thru an automatic gate. The Board agreed to look
at the possibility of requesting an attendant at the gate during busy summer weekends.
A contractual fee agreement with McGregor and Associates was reviewed and approved
a moved by Selectman Doyle and seconded by Selectman Adams.
Nicholas Metcalf of Hay Street proposed appointing a committee to survey Selectmen's
salaries in surrounding town. As the position is more demanding and requires more
responsibility,he suggested possibly raising the figure to $7,000 a year from the current
$5000. It was agreed that a town manager was not warranted or needed at this time. Mr.
Metcalf was advised that when the new personnel board is formed it would be a task for
them to deal with and he was thanked for his input. Selectman Doyle noted that the
personnel board should also take a look at town hall personnel, highway and police
compensation for the coming year.
Selectman Doyle gave a brief update on two meeting he had attended. The O with the
Parker River Clean Water Association and Little River Water Shed Hydrology T4eam
regarding flood hazard mitigation and the second meeting with Seabrook regarding their
safety management plan.
Steve Smith of 351h Street,P.I. was advised that the questions he posed regarding JRM in
his request to be on the agenda could not be answered by the board. The status of the
consent order and restoration of the wetlands on their property was DEP business and the
status of the business permit was in the hands of Counsel and the Building Inspector. A
suit against JRM was waiting an affidavit and was proceeding as quickly as legally
possible.
The meeting was adjourned at 8:40 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
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BOARD OF HEALTH MEETING
DECEMBER 20, 2001
Chairman Tevald opened the meeting at 7:40 p.m. Mr..Adams and Mr. Doyle were
present.
The minutes of the November 29 h meeting were read and accepted as moved by Mr.
Doyle and seconded by Mr. Adams.
69 Central Street- Chris Leahy of Millennium Engineering submitted a septic plan for
new construction for this property and requested a variance from.the Town's 1974 bylaw
requiring a 300' setback from the Parker River. Mr. Tevald asked if it might be possible
to take some land from the abutting lot(same owner) in order to keep the system 300'
from the river. Mr. Leahy will investigate this possibility. It was moved by Mr. Doyle to
reject the plan thereby upholding the'74 bylaw, seconded by Mr. Adams and voted
unanimously by Mr. Tevald.
110 High Road-A septic repair plan was approved as submitted by unanimous vote with
two local upgrade requests to reduce the groundwater separation from 4'to 3'and to
reduce the setback from SAS to foundation from 20'to 10. It was determined that a poly
barrier between the house and SAS was specified on the plan and would be required.
14-51'Street- Chris Leahy of Millennium Engineering advised the Board that the
applicant was requesting an indefinite continuance until a superceding order is received
from DEP. It was moved by Mr. Doyle and seconded by Mr. Adams to allow this
continuance.
18 Temple Place -At the request of the owner this renovation request is continued to the
January meeting as the water test requested by the Board is not completed.
22 Independence Way- Mr. Tevald advised that after review with Counsel he had
determined that the Board is not the granting authority for an easement on town property.
This issue must be addressed-thru an warrant article at ATM. It was moved by Mr..Doyle
and seconded by Mr. Adams to allow Mr. McCarthy to withdraw his plan without
prejudice. He may resubmit his plan if other options for the location of the well are
found, all subject to DEP approval.
10-20"' Street-.It was moved by Mr. Doyle and seconded by Mr. Adams to table this
renovation request until the next meeting as the enforceable schedule for water/sewer has
not been received. A letter will be sent to the owner asking that the signed recorded form
be submitted as soon as possible.
11 Lunt Street-It was moved by Mr. Adams and seconded by Mr. Doyle to request a
second deep hole be sited as soon as possible and located on the plans to comply with
DEP regulations. The plan will be revisited after Conservation Commission approval is.
obtained.
0 Fairview Avenue- Chris Leahy of Millennium Engineering submitted a revised plan
showing the relocation of the septic system and the house. The plan calls for a retaining
wall which will require the design and stamp of a structural engineer. It was moved by
Mr. Doyle and seconded by Mr. Tevald to table the revised plan until the specifications
for the wall and the engineer's stamp of approval are added. Mr. Adams abstained from
the vote.
17 Pine Island Road-The application for a tight tank for this property has received DEP
approval. It was moved by Mr. Doyle and seconded by Mr. Adams to accept the plan as
submitted subject to receipt of a pumping contract. Ms. Kimball Murray expressed her
concern about documentation of pumping and the submittal of these records in a timely
manner by the septage hauler. The Board will look at strengthening these regulations at
the January meeting.
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41 Parker Street-Property owner Matt Kozazcki will be asked to attend the January
meeting to provide documentation on the reported four pumpings of his septic system.
Mr. Doyle also agreed to contact Ms. Morris of DEP to request a letter for our files from
Ron Stelline for the installation of an industrial tight tank on this property without the
installation of the barrier specified on the plans which Mr. Stelline approved on behalf of
DEP.
138 Northern Blvd. -It was moved by Mr. Tevald and seconded by Mr. Doyle to accept
the water test for this Title V inspection report as the nitrate levels are within the
allowable limit. An enforceable schedule for sewer/water connection must be signed and
recorded.
9 Larkin Road has a failed system and several conservation issues. Ms. Kimball Murray
asked the Board to place the.owner on a pumping schedule until these problems can be
abated. Mr. Tevald recommended monitoring the flow in order to establish what is
needed. Mr. Mountain(owner)will be asked to have the system pumped and then
pumped again after five days in order to measure the flow. For public health protection
the schedule will be expedited and the board should have repair plans in hand by the 1 It
of February.
154 Orchard Street-Ms. Kimball Murray reported that dye testing had been completed
on this system with no signs of failure. The owner will be advised and given
documentation of the testing.
Ms. Kimball Murray reported on a recent hazmat incident at Triton. The Department of
Public Health was notified by the Fire Department and public health will pick up the
material for testing and report the findings to the school and the town.
The problem of locked bathrooms at Triton was also briefly discussed. Mr. Kimball
Murray spoke with Mr. Wensley of the Department of Public Health and several options
will be addressed with Mr. Harvey at Triton.
The January Board of Health meeting will be held on January 29`b at 7:30 p.m.
It was unanimously voted by the Board to institute new regulations for installers. All
installers must take and pass a written test during the months of January/February in
order to renew their license and the licensed installer must be on site for the hydraulic test
of any system for which they are the installer of record. Fees for perc tests,plan review
and system applications were discussed and tabled until the next meeting.
The Board touched on the subject of haulers and packers dumping at the landfill and the
town's expense to have this trash removed. Mr. Adams noted he had spoken with Tim
and Bud who oversee the landfill operation and they reported that with our temporary set
up out there it is very difficult to monitor the haulers. Fred Davis stated he would have to
discontinue service if not allowed to dump at the landfill.be as a small hauler he
would not be allowed to dump at the plant in Haverhill. He suggested that the
commercial sticker fee also be raised ten times to $5000/year with the possibility of
raising this fee again if necessary next year. A meeting will be scheduled for early
January with the haulers, Selectmen and highway personnel to discuss costs and set a
sticker fee. The possibility of requiring all businesses to use dumpster service will also
be determined at that time.
The meeting was adjourned at 9:35 p.m as moved by Mr.Adams and seconded by Mr.
Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
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SELECTMEN'S MEETING
JANUARY 8, 2002
Chairman Tevald opened the meeting at 7:15 p.m. Selectmen Alan Adams and Michael
Doyle were present.
Glenn Gavin, Don Rowell, and John Keville of the Harbormaster's Office presented
changes to fees, fines and regulations and briefly explained each request. The following
changes were approved as moved by Selectman Doyle, seconded by Selectman Adams
and voted unanimously by Chairman Tevald:
FEES
Town dock.slips(10'.dinghy and under)-increase from$30 to $80/season
Commercial moorings-increase from$30 to $100/season
Private moorings-increase from$30 to $50/season
Commercial slips and docks-increase from$30 to $50/season
Private slips and docks-increase from$30 to $50/season
Commercial ramp use- $600/season
Private ramp-increase from$30 to $50/season
Day pass ramp use- $5/per day
Kayak and canoe fee (2 kayaks or canoes) -remain at $30/season
Vessels over 20'-increase from$1 to $2 per foot
FINES
Section 9.2.3-Failure to obtain waterways permit-increase from$20 to $40
Section 9.2.4-Exceeding SMPH in mooring area-increase from$25 to$50
Section 9.2.6-Failure to mark mooring buoy-increase from$20 to $40
Section 9.2.9-Exceed 15 minute tie up at town dock-increase from$20 to
$40
Section 9.2.13-Parking at town ramp without permit-increase from$25 to
$50
Add fine for overloading of vessel- $50
Add fine for sublet of private moorings-loss of mooring and/or$300 fine
RULES AND REGULATIONS
Add to section 8-overloading of vessels as set by the U.S. Coast Guard
maximum capacity plate or manufacturers capacity plate or for vessels
without these plates the formula:
Number of people=Length of vessel x Width of vessel
15
Add to section 9-overloading of vessel will result in end of voyage and
fine of$50
Add to section 3.3-Privately held moorings can not be sublet to any other
person upon penalty of permanent loss of mooring and/or$300 fine
Rewrite Section 8.4-Any child under 12 years of age must wear a USCG
approved personal flotation devise when above deck on any vessel
underway. An open boat is considered above deck. (CMR207:pl4)
Add rule-maximum length of dinghy on town dock not to exceed 10' (ten
feet)
Mr. Gavin, Mr. Rowell and Mr. Keville were all thanked-for their time and presentation.
A petition to impose a weight limit on Coleman Road thereby eliminating thru truck
traffic submitted by Theresa Gilbert of 14 Coleman Road was accepted by the Board.
Chief Merry will put together a package for state review. It was noted that if restriction
were put in place it would only cover the section of Coleman Road from Elm Street to the
Rowley line. The final decision is made by the State advised Chief Merry.
Licenses were reviewed and renewed as moved by Selectman Adams and seconded by
Selectman Doyle for the following: Art & Camera Custom Framing, Head Tyrolia
Winter Sports,Head USA, Inc.,Kym's Romp&Roll Doggie Playground, Milestone 35,
P.J.'s, Sylvanowicz Family Associates, Inc.,Atty. May's Beachcomber, Water Dog, SSK
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Inc., Corner Cupboard, Riverfront Marine Sports Inc.,Plum Island Grille Inc., Pheasant
Meadow Farm,Noyes Citgo,Newbury Butchery, Marshview Farms, Bob&Lou's, Apple
Cider Press&Prints.
A Keyspan permit to open and excavate Hanover Street at Route 1 to install a vent pole
behind the regulator pit was approved subject to Tim Leonard's guidelines for restoration
of the roadway as moved by Selectman Adams and seconded by Selectman Doyle.
Steve SmA of 35th Street questioned Chairman Tevald on a meeting with DEP and
Misters Nee and Peabody who are asking for a determination on plans submitted for
construction of their P.I. Properties. Chairman Tevald advised that no decisions were
made and DEP in conjunction with CZM has asked for more information especially
regarding the proposed development of a primary dune. DEP will look closely at this
information as well as the clarification of the.V-Zone and AO Zone with relation to these
properties. Tevald stated the town certainly doe not want building in these sensitive areas
and will abide by DEP's determination.
Mr. Garand of Boston Road questioned JRM's upcoming ZBA hearing and was advised
that it was their right to appeal the area of the well head protection district.
Chairman Tevald advised that Mike Reilly, union representative of the Police Department
had requested a preliminary meeting with a representative of the Board to discuss the
contract negotiations for the coming years. It was moved by Selectman Adams and
seconded by Selectman Doyle that Chairman Tevald be the Board's representative for the
preliminary discussions. Reports will be made to the full Board for debate and final
discussions toward an agreement.
Selectman Doyle reported that the MEMA meeting that was cancelled on December 19th
had been rescheduled for Monday, January 14th and he planned to attend.
Letters sent to town businesses notifying them that effective February 1,2002 they could
no longer bring their trash to the temporary transfer station was briefly discussed.
Selectman Adams said this decision was a difficult one but the removal of trash had
become cost prohibitive and at this time must be restricted to residential household trash.
A meeting with the commercial haulers has been scheduled for January 15th and this
matter will be discussed again at the BOH meeting on the 29th.
Selectman Tevald advised that a"solid waste committee" of approximately 6 to 8 persons
was in the works and would be finalized in the next few weeks. Selectman Doyle was
asked to chair the committee and Ron Garand was also asked to serve. The purpose of
the committee will be to study other landfills, transfer station operations and set ups and
uses of the land after cap and closure. Mr. Mello and Mr. Davis will be asked to serve as
the commercial contingent. The remainder of the committee will be discussed in the next
few weeks.
It was moved by Selectman Doyle and seconded by Selectman Adams that the
Selectmen's meetings will begin at 7:00 p.m. beginning with the meeting of January 22na
The meeting was adjourned at 8:35 p.m. as moved by Selectman Adams and seconded by .
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
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SELECTMEN'S MEETING
JANUARY 15, 2002
At 3:20 p.m. Chairman Tevald called the Selectmen's meeting to order. Selectmen
Adams and Doyle were present. The purpose of the meeting being to set the landfill fee
for commercial haulers. Jason Mello and Fred Davis were in attendance.
Mr. Mello,and Mr. Davis were invited to participate on the "citizens solid waste
committee" and both agreed to take part. Representatives of the highway department will
also be appointed. Costs for running the commercial area and the cost of transferring
trash out of the landfill were discussed. The possibility.of leasing or purchasing
compacting trailers will be investigated by Tim Leonard.
Chairman Tevald noted that the town needs a commitment from DEP and Ms. Morris
was looking for proof of a site assignment without which there can be no transfer station.
Mr. Tevald stated he was reluctant to spend too much on special equipment without this
commitment. Mr. Doyle suggested it might be time to start fighting back against DEP
and Ms.Morris.
After some brief discussions with the highway representatives and the haulers it was
moved by Selectman Doyle and seconded by'Selectman Adams to set the commercial fee
at $5000 for 2002. This can be paid in two installments of$2500 before June 30, 2002.
The meeting was adjourned at 4:10 p.m.
Respectfully submitted, .
Kathleen Sirois, Secretary
BOARD OF HEALTH MEETING
JANUARY 29,2002
Chairman Tevald opened the meeting at 7:45 p.m, Mr. Adams and Mr. Doyle were
present.
18 Temple Boulevard-It was moved by Mr. Doyle and seconded by Mr.Adams to
accept the water test results as submitted showing nitrates and.tolulene under the
maximum allowable limit and to approve the renovation plan for this property.
10-2&Street-A letter from owner Wareham was read requesting an extension as he was .
unable to locate his water test results and the documentation for water/sewer connection
It was moved by Mr. Doyle and seconded by Mr. Adams to allow a 30 day extension at
which time Mr. Wareham must submit the water test results or have a second test done
and also submit the enforceable schedule for water/sewer which must be signed,
notarized and filed with the registry.
11 Lunt Street-The Board agreed that the town would be responsible for any charges
related to additional testing on this site. A second deep hole is required and will be
scheduled asap possibly as soon as February 7`h.,
A press release will be issued listing septage haulers licensed in the Town of Newbury V
along with a notice that pumping records must be submitted to the Board otHealth within
30 days of the service.
41 Parker Street-The Board agreed they were satisfied with the documentation received
from Mr. Kozazcki regarding the number of septic tank pumpings at this address and will
ask Mr. Kozazcki to insure that the construction trailer has been removed from the
property
227
9 Larkin Road-It was moved by Mr.Doyle and seconded by Mr. Adams to accept Mr.
Mountain's contract for septic tank pumping every two weeks for the failed system on
this property. The Board will advise him that his plans for a replacement system must be
in place and filed with the Board within 30 days.
14-51t Street-Mr. Peabody(owner)and engineer Chris Leahy submitted additional
information regarding the V-zone as determined by FEMA maps and its effect on Mr.
Peabody's property. They also cited new construction on K Street(Newburyport)and
4 1"Street which has not come under the scrutiny of DEP and yet they appear to be
similar situations. The Board advised that while they were understanding of Mr.
Peabody's problem,they must wait for a determination from DEP as this site has been
taken out of the hands of the Board. Mr.Doyle stated he would bring the matter to the
tableat tbeT.ebruary 5`h metina-w-ith.m. s.,Morris and pressure DEP for a decision.
0 Fairview Avenue-It was.moved by Mr. Doyle and seconded by Mr. Tevald to approve
this plan as submitted with documentation and stamp from a structural engineer affixed
for the retaining wall. Mr. Adams abstained from the vote.
170 Newburyport Turnpike -It was moved by Mr. Adams and seconded by Mr. Doyle to
waive_the 100'requirement for well separation from the SAS to 75'if the new well meets
all criteria for flow and potable water standards. The existing well is located 26' from the
SAS and this new location is the best possible design for this property. A letter will sent
to the owner so the sale of this property can move forward.
P
3 Olde Town Way-Mr. Berton advised he was going to seek relief to install his new
septic system during the closed season, but had decided to wait until the season opens up
after March 1�
5 High Road-A reply was read by the Board from owner Mr. Vandersande regarding his
expired septic plan. The plan was drawn to accommodate an addition to the house not
because of a failed system. The plans for the addition were withdrawn and therefore the
septic plans will be voided.
4 Fairview Avenue-It was moved by Mr. Doyle and seconded by Mr. Adams to void the
expired plans for septic repair at this site. Mr.Pease stated his system was working fine.
They had some wet ground about three years ago when the plans were drawn but there no
longer seems to be a problem so the system was never installed.
17 Marsh Avenue-Owner Salvo advist-d that the expired septic plan in the BOH files
had been revised and approved in April 2000. A copy of the signed revised plan was
submitted. It was determined that he must install this system in the spring by the end of
April2002 or it would be voided as an expired plan. The health agent asked that the
Board inspect the system when installed as she was not comfortable with a three year old
plan and had no continuity with it. t
20 Fruit Street-It was moved by Mr. Doyle and seconded by Mr. Adams to table this
plan and revisit it in 30 days with a complete perc test and conservation commission
filing.
6 Central Street-It was moved by Mr. Doyle and seconded by Mr. Adams to approve
this revised plan as submitted showing waterline and retaining wall criteria stamped and
certified by a structural engineer.
49 Fruit Street-It was moved by Mr.Doyle and seconded by Mr.Adams to approve
this septic plan for new construction as submitted.
It was moved by Mr. Doyle and seconded by Mr.Adams to approve the proposed food
establishment letter and fee schedule for licenses submitted by the health agent. Septic
permit and perc fees were tabled and a survey of surrounding towns will be done as
moved by Mr. Doyle and seconded by Mr.Adams.
Y
229
Mr.Bulgaria and Mr.Pearson from Protection Fire Co. #1 (Byfield)addressed the Board
concerning their property.at 42 Central Street. They stated the laid was purchased and
leveled and they had been raising fluids for a new station since that time. Recent Pere
tests have failed and they have been unable to locate the original Pere sites. Dave Ferris
of DEP appeared at the perc site with a hydrologist who stated the soils were no good
and water was never put in the test holes to try a perc. Mr.Bulgaris asked for suggestions
and/or options and permission to use Town Counsel if needed to make an appeal to the
state. Biodegradable toilets were suggested but it was determined that they would require
e a gray water system. Wendy Kimball Murray stated she didn't understand why Ferris
reviews all plans and how Mr. Stelline(DEP)finds her doing Pere tests around town
without any notification. Mr.Doyle agreed he would bring up that matter at Tuesday's
meeting with DEP. The Board will speak with Counsel to see how the town can assist the
Fire Company with this problem.
It was moved by Mr.Doyle and seconded by Mr.Adams to allow Mr. Tevald to cover for
the health agent in cases of emergencies,conflicts or vacations until the May election At
that time the new Board of Health will need to make provisions for coverage.
6 Church Street-It was moved by Mr.Doyle and seconded by Mr. Adams to approve the
septic repair plan as submitted with one local upgrade request to reduce groundwater
separation,from 5'to 4'.
Brad Director of North East Regional Boards of Health and Cheryl Sbarra,
Senior Staff Attorney Of Mass Assoc: of Health Boards addressed the board regarding
Possible permitting for tobacco licenses. They Provided sample permits and suggested
fees. They also submitted a sample regulation for tobacco sales to minors. It was
suggested that the BOH adopt anew regulation for the sale of tobacco to minors with the
inclusion of a permit fee and subject to suspension for violation which would be
enforceable by the North East Regional Boards of Health. The Triton smoking policy
enacted in 2000 and the enforcement of this polic
Mr. Doyle and seconded y was also discussed. It was moved by
by Mr.Adams to consult,with Counsel to see if our smoking
bylaw needs to be rescinded and replaced by more comprehensive regulation.
50 Boston Road-It was moved by Mr.Doyle and seconded by Mr.Adams to table the
proposed septic repair plan for this property
it requires four.
variances. The engineer,Mr. liras o;stated he had spoken with Dtil the next meeting a a Ferris of EP and
was told that it was up to the town to grant the variances and then it would go.the DEP
for final approval. Mr. Doyle recommended the health agent ask for input from DEP and
the wetlands issue would be reviewed with the conservation commission.
2 Green'Street-It was moved by Mr.Doyle and seconded by.Mr.Adams to approve this
septic repair plan as submitted.
3 Dartmouth Way-A Title V. inspection report showing NFE due to the absence of
information on the well and water test results was tabled as moved:by Mr. Doyle and
seconded by Mr. Adams. The owner will be required to locate the well and test the
water. An enforceable schedule for water/sewer connection can then be signed if needed.
1
40'O1d Point Road-A Title V
inspection report needing further evaluation due to water
test results which show nitrates present was submitted. The owner, Mr. Wagner asked if
the report could be satisfied with a recorded enforceable schedule for water/sewer and a
Potable water contract. Mr. Doyle stated he would not-approve the report,the system
would have.to be upgraded. Mr.Adams noted that upgrading the system at this time
would seers to be a waste of money.. It was moved by Mr. Tevald and seconded by Mr. '
Adams that based on previous experience the report could be satisfied with a signed
recorded enforceable schedule for water/sewer connection and a potable water contract
and letter. Mr.Doyle voted no.
Ms. Kimball Murray advised the board that she was preparing a budget for health agent 231
for FY03 for the Finance Committee.
138 Northern Boulevard -The enforceable schedule for sewer and water was signed by
the board and notarized for filing with the registry.
The next BOH meeting will be February 7"at 7 p.m. as moved by Mr. Doyle and
seconded by Mr. Adams.
Ron Garand of Hay Street asked what the BOH and health agent's position was
concerning JRM and would the BOH notify surrounding towns serviced by JRM that
they were operating illegally. Mr.Tevald advised the board would look at it with
Counsel.
The meeting was.adjourned at 10:10 p.m. as moved by Mr. Doyle and seconded by Mr.
Tevald• ,
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JANUARY 22, 2002
Chairman Tevald opened the meeting at 7:20 p.m. Selectmen Alan Adams and Michael
Doyle were present.
The minutes of the January 8th and January 15th meeting were read and accepted as
moved by Selectman Doyle and seconded by Selectman Adams.
The license for the Byfield Flower Shoppe was reviewed and renewed as moved by
Selectman Adams and seconded by Selectman Doyle.
It was moved by Selectman Doyle and seconded by Chairman Tevald to approve the
"regulations for the clam industry and taking of sea worms" for the 2002/2003 season.
There were no changes from last year. Selectman Adams abstained from the vote.
A letter of support for the Parker River Clean Water Association to accompany their
grant application was reviewed and signed as moved by Selectman Adams and seconded
by Selectman Doyle.
Selectman Doyle addressed the problem of landfill stickers for part time residents. It was
decided that property owners with a paid tax bill could purchase a landfill sticker.
However residents with businesses outside of town could not use this residential sticker
to bring in business generated trash. Also discussed were the question of whether haulers
should be asked to prove they have only Newbury trash by opening bags and liability if
any to the haulers, what to do with people without valid stickers,penalties for violators,
possibility of charging per bag or pound, compacting and weighing loads prior to
removal,privatization, funding, and curbside pick up. Selectman Doyle stated he did not
want Mello and Davis on the citizens solid waste committee as Mello is not a resident
and Davis has been cited in the past (January 2000) for bringing in outside trash.
Chairman Tevald noted that they were asked only for their professional expertise and
would only be consultants. Selectman Doyle asked that Davis be requested to attend the
next selectmen's meeting.
The meeting was adjourned at 8:00 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
233
SELECTMEN'S MEETING
FEBRUARY 12, 2002
Chairman Tevald opened the meeting at 7:10 p.m. Selectman Doyle was present.
Warren Manter, Chair of the Recreation Committee updated the Board on the progress of
the committee. He stated that at the request of the committee, Huntress Associates
prepared separate bid packages for each project (Kent Way and Central Street), with a
base bid for each, consisting of field preparation and parking; wells, irrigation and trails;
and auxiliary buildings. With bids broken down this way the costs could be presented at
town meeting allowing for a more informed decision by the voters on how to develop the
fields and how much is affordable. It is expected that the total cost will be $1.2 to $1.3
million dollars in addition to the $400K now in the fund. Mr. Manter received
permission to take the bid documents to Counsel for review prior to releasing them for
bids. Selectman Tevald noted that they would have to look closely at their options and
insure that any warrant article is worded correctly for the town's needs. Selectman Doyle
discussed the possibility of user fees and was advised that the leagues would not resist
user fees when the fields are completed. Selectman Tevald asked that the Recreation
Committee insure that irrigation for the existing Little League field and the library be
included in the bid for the Kent Way property. Mr. Manter was thanked for his time and
presentation. ,
Three purchase orders for technical equipment for the Newbury Elementary School were
approved in the amounts of$4,704, $2,124 and $2,725 as moved by Selectman Doyle and
seconded by Selectmen Tevald.
A request from the Community United Methodist Church of Byfield to have the building
permit fees waived for the new parsonage on Central Street was tabled until the next
meeting to allow the board to investigate the history of this request so as not to set a
precedent.
The nominations of Deborah Knight and Carol Larocque as Inspector of Animals for the
Town of Newbury in accordance with Chapter 129, sections 15 & 16 were approved as
moved by Selectman Doyle and seconded by Selectman Tevald.
A request from Kate and John Collins for a street light on Green Street was tabled for a
report from the Chief on incidents in the neighborhood and to allow Mr. Doyle time to
insure from the neighbors that a light is wanted and needed.
A Class II license was renewed for,John Tiernan @ Hanover Place as moved by
Selectman Doyle and seconded by Selectman Tevald.
A general business license was renewed for Robert E. Carleton of 284 High Road as
moved by Selectman Doyle and seconded by Selectman Tevald.
Two one-day special permits for the sale of alcoholic beverages for Great Chefs Night at
GDA on March 15t"and the Firemens Annual Ball at GDA on March 9th were approved
as moved by Selectman Doyle and seconded by Selectman Tevald.
The Citizens Solid Waste Advisory Committee was advised that reports should be made
at Board of Health meetings rather than Selectmen's meetings.
The meeting was adjourned at 7:50 p.m. as moved by Selectman Doyle and seconded by
Selectman Tevald.
Respectfully submitted,
Kathleen Sirois, Secretary
C
235
SELECTMEN'S MEETING
FEBRUARY 19, 2002
At 7:05 p.m. Chairman Tevald called the meeting to order. Selectmen Alan Adams and
Michael Doyle were present.
Chairman Tevald read a letter from Evelyn Noyes, Chair of the Zoning Board of Appeals
recommending that Bruce Saunders be appointed as an alternate member of the ZBA and
requesting that the appointment be effective immediately. It was moved by Selectman
Adams and seconded by Selectman Tevald to appoint Bruce Saunders as an alternate
member of the ZBA. Selectman Doyle voted no.
On the recommendation of Kevin Blanchette,.Chair of the Finance Committee it was
moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously by
Selectman Tevald to appoint William Cooper as a member of the Finance Committee
effective-immediately.
The meeting was adjourned at 7:15 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF HEALTH MEETING
FEBRUARY 7, 2002
Chairman Tevald opened the meeting at 7:20 p.m. Mr. Adams and Mr. Doyle were,
present.
50 Boston Road-It was moved by Mr..Doyle and seconded by Mr.Adams to approve a
revised septic repair plan with two local upgrade requests,25%reduction of the SAS and
reduction in the wetlands setback from 50'to 36', subject to the health agents review. Ms.
Kimball Murray asked that the plans in house not be signed until the corrected revised
plans are received and reviewed to prevent any future confusion or errors.
Ms. Kimball Murray asked what the procedure would be for installers that failed the
license test. It was moved by Mr. Doyle and seconded by Mr.Adams that a second
different test could be given until the end of March. Prospective installers may take the
test any time during the year within 30 days of their application for a license and with
payment of the full fee.
66 Cottage Road-It was moved by Mr. Doyle and seconded by Mr. Adams to notify the
owner that information on the relocation of a well at this address must be submitted
S
within thirty days.
� 1
84"Street-A letter will be sent to the owners notifying them that water test results must
be submitted within thirty days in order for this renovation project to move forward.
69 Central Street-Todd McGrath of Millennium Engineering on behalf of Mr. William
Lacey, owner, again presented a plan for development of the front lot at 69 Central Street
showing the septic system within the 300'setback from the fresh water side of the Parker
River. He explained the hydrology of the system and expected flows of the effluent and
asked for reconsideration of a variance from the 300'bylaw. It was voted unanimously
by the board to uphold the bylaw as any exception would set a powerful precedent and
the regulation would be compromised. Mr. McGrath was,asked to attempt the revision of
this septic plan keeping,to the 300'setback to the fresh water side of the river and
resubmit said plan to the board for review.
..�. ..___. �....... .. ..----._:. _.__...... __ ...
151 Main Street-A septic repair plan with one local upgrade request to reduce the 2,37
setback of the SAS to BVW from 50'to 21'was reviewed. Ms. Kimball Murray stated
she had some questions on the plan regarding the manifold details and was waiting a
reply from the engineer. The conservation commission has also reviewed the plan and
has advised that a NOI must be filed. The Board will revisit this plan at the next meeting
after filing with the conservation commission and input on the manifold details are
received.
50 Fatherland Drive-An as built plan was submitted for review and the owner is looking
for the certificate of compliance for this property. Ms. Kimball Murray asked the Board
if they wished to sign the certificate of compliance. She noted that the stone did not pass
the bucket test,there were no elevations for the bed and no final inspection. Construction
was also not completed by the end of the construction season. Mr.Doyle noted that the
builder/owner had been fined previously for non-compliance and moved that the
certificate of compliance be tabled until these questions can be investigated, seconded by
Mr. Adams.
14-51"Street-A draft letter to DEP requesting the status of this property was reviewed
and approved. It will be mailed via certified mail,return receipt requested as advised by
Counsel to document our request.
Board of Health fees were revisited. It was moved by Mr. Doyle and seconded by Mr.
Tevald to raise the plan review/permit application fee from$200 to $500 for new
construction and$250 for repair/upgrades.
The next Board of Health meeting will be Tuesday, March 5'h at 7 p.m.
The meeting was adjourned at 8:50 p.m. as moved by Mr. Adams and seconded by Mr.
Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
i
SELECTMEN'S MEETING
FEBRUARY 26, 2002
Chairman Tevald opened the meeting at 7:10 p.m. Selectmen Alan I. Adams and
Michael Doyle were present.
Brendan O`R.eagan, Coordinator of the P.I. Water/Sewer Project give a brief overview of
contract amendment#3 for Camp Dresser&McKee which adds five tasks to the project
design and approximately$90K due to mandates from DEP and ongoing litigation. It
was moved by Selectman Adams and seconded by Selectman Tevald to approve and sign
the amendment. Selectman Doyle declined signing until he received more information
from DEP.
An incident report from Chief Merry for Green Street was reviewed in response to a
1 request for a street light. The street light request will be forwarded toMass Electric as
moved by Selectman Doyle and seconded by Selectman Adams.
The Coleman Road petition to exclude heavy commercial vehicles was tabled until our
March 12`'meeting. The Rowley Board of Selectmen will address the request at their
meeting of March&h.
A request from the Community United Methodist Church to waive building permit fees
for their new parsonage was approved as moved by Selectman Adams, seconded by
Selectman Doyle and voted unanimously by Selectman Tevald.
On the recommendation of Counsel, leases for the five siren pole locations were signed
for North Atlantic Energy Seabrook Station as moved by Selectman Doyle, seconded by
Selectman Adams and voted unanimously by Selectman Tevald. 5 it
Emily Cademartori of 8 Towns&the Bay and Tim Smith of GROWetlands spoke briefly 239
about the Plum Bush Creek Salt Marsh Restoration Project and presented a cooperative
agreement to the Town for their review and consideration. Doug Packer of the
Conservation Commission spoke in favor of the project and Chairman Tevald signed the
agreement on behalf of the Board.
Steve Smith of P.I. asked about an audit of expenditures for the P.I. Water/Sewer Project
and was advised that it was in process. Questions about JRM were tabled until after the
next ZBA hearing.
The meeting was adjourned at 7:40 p.m. as moved by Selectman Doyle and seconded by
Selectman Adams. A brief BOH meeting will follow.
BOARD OF HEALTH MEETING
FEBRUARY 26, 2002
The meeting was opened at 7:50 p.m. by Chairman Tevald. Mr. Adams and Mr. Doyle
were present.
r
It was moved by Mr. Doyle and seconded by Mr. Adams to accept as submitted the
revised septic plans for 50 Boston Road A NOI has been filed for this property. A letter
of approval was also signed for the prospective owner's bank.
Installer's licenses for those that passed the exam and also food establishment licenses
were signed by the Board.
A letter from Hayes Engineering regarding 50 Fatherland Drive was reviewed. Mr.
Tevald was recused. Warren Manter explained some of the problems and discrepancies
listed on the permit by the health agent. Mr. Doyle stated he originally thought it was an
availability problem but upon inspection of the health agent's schedule he believed it
might be a matter of mis-communication. After a brief discussion it was moved by Mr.
Doyle and seconded by Mr. Adams to speak with the health agent and address the
certificate of compliance at the March 51,BOH meeting.
The meeting was adjourned at 8:35 p.m. as moved by Mr. Doyle and seconded by Mr.
Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
.,2 41
BOARD OF HEALTH MEETING
MARCH 5, 2002
At 7:10 p.m.the meeting was called to order by Chairman Tevald.. Mr. Adams and Mr.
Doyle were present.
8 Finnegan Way-A repair permit to replace an old dry well was approved. The
enforceable schedule for water/sewer has been signed. An"as built" will be submitted by
the installer as documentation of what will be abandoned when w/s comes to P.I.
8-40' Street-A water test was reviewed to accompany a renovation request. The results
showed nitrates and ammonia above acceptable limits. An enforceable schedule for
water and sewer has already been signed. It was moved and seconded to require a one
year contract from a water company for potable water,a signed agreement stating the
owners are aware that their.water is not potable and an agreement that the water will be
tested every six months.
66 Cottage Road-The location of a new deep well was approved as moved by Mr. Doyle
and seconded by Mr. Adams.
157 Main Street-A revised septic repair plan was approved as moved by Mr. Doyle and
seconded by Mr. Adams. House to be renovated on the existing footprint,notice of intent
filed and approved by the Conservation Commission, and form 9A&B signed for DER
Food establishment license fees were briefly discussed. Mr. Conboy and Mr. Mahoney
objected to the $75 fee for their establishments as they only sell pre-packaged foods such
as candy, chips and juice. It was moved by Mr. Doyle and seconded by Mr. Adams to re-
categorize pre-packaged foods and start the fee at $25 for this year with a step up to $50
in the second year and$75 in the third year to bring it back in line with other fees. All
new fees established will become effective March.ISt.
9 Larkin Road -,A septic repair plan with no variances was tabled until the notice of
intent is filed and approved by the Conservation Commission as moved by Mr. Doyle and
seconded by Mr. Adams. Mr. Doyle asked that a letter be sent to Mr. Mountain
requesting he attend the next Board of Health meeting to review this plan.
3 Central Street-A passing Title.V inspection report for this property was reviewed and
accepted as moved by Mr. Doyle and seconded by Mr. Adams. At the request of the
owners a letter will be written stating that.the report has been reviewed by the Board at
their March 5t'meeting and they are satisfied that this report dated December 14, 2001
meets the state requirements for transferring property.
10-20`h Street-It was moved by Mr. Doyle and seconded by Mr. Adams to approve a
renovation plan as submitted. An enforceable schedule for water/sewer showing the
system is not in failure and water test results showing that nitrates are within the
allowable limit were also reviewed and accepted.
11 Lunt Street- A septic repair plan with one local upgrade request to reduce
groundwater separation from 5'to 4'was tabled until designs from a structural engineer
are submitted for the retaining wall shown on the plans, moved by Mr. Adams and
seconded by Mr. Doyle.
61 Fordham Way- Septic plans for new construction were tabled pending receipt of a
two-bedroom deed restriction and easement for the well as moved by Mr. Doyle and
seconded by Mr. Adams. A notice of intent has been filed with the Conservation
Commission.
50 Fatherland Drive- Gordon Rogerson of Hayes Engineering speaking on behalf of
Warren Manter explained the problems surrounding the installation of the septic system
on this property and the questions concerning the health agent's inspectio . After a-
lengthy discussion and upon certification'of the engineer that the system was installed in
213
accordance with Title V,Mr. Adams agreed to sign the certificate of compliance for 50
Fatherland Drive. Mr. Adams advised that no future exceptions will be made and all
future systems must fully comply with Title V and the health agent's inspections. Mr.
Tevald was recused.
Copies of a 1981 approved plan for the landfill found in old highway files will be
forwarded to Chris Koehler of CDM and McGregor&Associates.
It was determined by the board that 20 Fruit Street tabled at the January 29`h meeting will
be re-perced in six to eight weeks by engineer Joseph Serwatka rather than asking DEP to
approve a rate by soil analysis.
Alan Roscoe of CDM submitted his draft of the final management report for Title V
activities which is CDM's evaluation of the Newbury Board of Health in accordance with
the IOC with DEP. The issues in each section were briefly discussed and a final report
will be sent to the board for review. On approval the report will be submitted to DEP by
March 15`h for their review and endorsement.
The next Board of Health meeting will be April 2nd at 7 p.m.
The Board signed a letter verifying Ms.Ximbail Murray's employment as our health
agent. This letter to be submitted with her,application for testing as a certified health
officer.
The meeting was adjourned at 9:30 p.m. as moved by Mr. Adams and seconded by Mr.
Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
MARCH 12, 2002
Chairman Tevald opened the meeting at 7:10 p.m. Selectmen Alan I. Adams and
Michael Doyle were present.
A request from Jasmine Murdy of Newburyport for use of the Lower Green on May 18,
2002 for a small civil wedding ceremony at 1 p.m. was approved by the Board subject to
the rules for parking and trash removal being explained to Ms. Murdy. Motion made by
.Selectman Adams and seconded by Selectman Doyle.
A request from Dan Tymann on behalf of the Byfield Parish Church for use of the Upper
Green on September 7, 2002 from 10 a.m.to 5 p.m. for their annual family retreat
weekend activities was approved.as moved by Selectman Doyle and seconded by
Selectman Adams.
A request from Cub Scout Pack 44 for use of the:Upper Green on April 6, 2002 from 9
a.m.to 12 noon for their annual spring bottle and can drive was approved as moved by
cP1Prtmnn T)nvle and seconded by Selectman-Adams.
245
On the recommendation of the Highway Department and the Planning Board,the
Selectmen agreed to place Long View Lane on the ATM warrant for acceptance as a
town road. Counsel advised that a hearing might have to be held prior to the ATM but no
layout will be necessary as this is a new subdivision road and the layout is in place.
Counsel will advise.
A letter of support for the exclusion of heavy commercial vehicles from Coleman Road
was received from.the Rowley Board of Selectmen. Chief Merry will contact the Rowley
Police Chief to obtain the necessary documentation from them for their section of
roadway and he will then submit the total package to Mass Highway for their
consideration.
The Community United Methodist Church asked for clarification of the waiver for
building fees voted at the last meeting.;-The Board advised that it would include all town
fees for the building of the parsonage.
Martha Taylor and Dan Streeter addressed the Board concerning the establishment of a
permanent town"open space committee".and the appointment of an ADA coordinator. A
packet of information was given to the Board for their review. It was moved by
Selectman Doyle and seconded by SelectmanAdams to take the matter under advisement
to allow time for study of the information provided. Ms. Taylor and Mr. Streeter were
thanked for their time and presentation.
The warrant for a STM was discussed. Chairman Tevald asked Mr. Owen, author of the
articles, if he would be willing to place these articles on the ATM warrant and save the
Town the expense of an extra town meeting. Mr. Owen replied he would not. The
articles were accepted as moved by Selectman Doyle and seconded by Selectman Adams
and the warrant was signed by the Selectman and will be posted by Constable Dick
Cunningham. The meeting date is March 26`h at 7:30 p.m. at the Newbury Elementary
School
Selectman Doyle advised that the leachate at the landfill is being tested by CDM and the
tank will not be pumped until results are received. If these results are good,DEP will be
asked to allow us to recycle this material.. In the interim Selectman Doyle has contacted
Enpro of Newburyport who will pump the tank for $.30/gallon with a one year contract.
Chairman Tevald requested the Board convene in executive session to discuss strategy
with respect to collective bargaining/Police Union contract. A roll call vote was taken-
Selectman Doyle-yes, Selectman Adams-yes, Chairman.Tevald-yes. Chairman Tevald
advised that the Board would not reconvene in open session.
The meeting was adjourned at 7:40 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
247
BOARD OF HEALTH MEETING
APRIL 2, 2002
The meeting was called.to order at 7:10.p.m. by Chairman Tevald. Mr.Adams and Mr:
Doyle were present.
A courtesy notice from state licensed electrologist,Diane Matsis,who has set up practice
at Lexus Day Spa in Byfield was presented to the Board by the Health Agent.
9 Larkin Road-Dave Mountain was in attendance to discuss his septic repair plans. He
noted that the plans should reflect five bedrooms.and not four..'Distances from tank to
field,pump chambers and the possibility of using an alternative system were discussed.
The Board tentatively approved the system pending receipt of a revised plan for five
bedrooms with appropriate calculations and review and approval of the health agent.
61 Fordham Way-The septic plan was tabled until the next meeting pending receipt of a
two bedroom deed restriction and easement for the well.
11 Lunt Street- On advice from DEP regarding the retaining wall shown on the septic
repair plan drawn for this property by Millennium Engineering,the plan was approved as
submitted with one local upgrade to reduce groundwater separation from 5'to 4'as
moved by Mr. Doyle and seconded by Mr. Adams.
5 Pearson Drive A renovation request for the addition of a bedroom and living space
was briefly discussed. It was moved by Mr. Adams and seconded by Mr. Doyle to table
the request until a walk-thru is completed,by the health agent for a correct existing room
count and a deep hole is excavated for siting an appropriate.reserve area for the septic
system.
45 and 55 Fatherland Drive-Peter Ogren,P.E. from Hayes Engineering spoke to the
Board regarding the signing of certificates of compliance for these properties and the
alleged problems between the installer of record and the health agent. Mr Ogren asked
what could be done to make things right. Ms. Kimball Murray suggested 1)tear up the
systems and start over,2) ask DEP for a written determination. It was moved by Mr.
Doyle and seconded by.•Mr. Adams to have Mr. Ogren write to DEP explaining the
difficulties and asking for a written determination.to resolve these discrepancies. Mr:
Tevald was recused.
14-51 Street-It was moved by Mr. Doyle and seconded by Mr. Adams to table any
decisions on this property until more information is received from DEP.
4 Paul's Way-It was moved by Mr. Doyle and seconded by Mr. Adams to approve the
septic repair plan for this property as submitted with one local upgrade request to reduce
groundwater separation from 4'to 3'.
High Tail Lane subdivision-Dave Mountain of the Planning Board noted that it was just
standard procedure to submit new subdivision plans to the town boards for their input.
Ms. Kimball Murray suggested a form be developed for quicker action by the boards.
She stated she had witnessed soils and a perc test for one new lot at this address. No .,
plans had been submitted to the BOH to date. A letter will be sent to the Planning Board
so stating.
Tobacco issues will be addressed at the next meeting. ,Brad Andrews will draft
regulations for the board's review after his meeting at Triton on April 5`h
66 Central Street-It was moved by Mr. Doyle and seconded by Mr. Adams to table any
decisions for Lot 15 A&B until more information is received from the Planning Board
regarding Lot 15B.
44 Parker Street- It was moved by Mr.Doyle and seconded by Mr. Adams to approve
this septic repair plan with one local upgrade request to reduce groundwater separation
249
from 5'to 4'. Ms.Kimball Murray noted it will be very important that this plan be
followed closely during installation as there is no room for deviation.
CDM's final report for Title V which has been submitted to DEP was briefly discussed.
DEP asked for clarification on clerical support for the health agent. Mr.Tevald noted
that this support would not happen in this fiscal year. Mr. Doyle will so advise Mr. Ferris
at DEP.
A septic system repair grant application was approved for George Forrest of 16 Boston
Road in the amount of$31,803 as moved by Mr. Adams and seconded by Mr. Doyle.
The meeting was adjourned at 9:00 p.m. as moved by Mr. Tevald and`seconded by Mr.
Doyle.
Respectfully submitted,
SELECTMEN'S MEETING
APRIL 2, 2002
Chairman Tevald opened the meeting at 9:10 p.m. Selectmen Alan Adams and Michael
Doyle were present.
A request from S.P.N.E.A. to hang a banner on the Upper Green back stop to advertise
their Draft Horse Plow Match at the Spencer-Peirce-Little Farm was approved as moved
by Selectman Adams and seconded by Selectman Doyle.
A request from the Byfield Days Committee for the town to supply porta-potties for the
Byfield Day celebration on June is was approved as moved by Selectman Doyle and
seconded by Selectman Adams.
It was the decision of the Board to_schedule a public hearing for the renewal of a Class III .
license for Newbury Auto Sales. This hearing will be'scheduled as soon as Counsel is
available and in the proper time frame for legal notices to be advertised.
A request from Kerrie Faia of Grove Street asking that the town consider re-paving of
that road will be forwarded to Tim Leonard for his review and determination.
A letter to Representative Stanley from the Irvings of Middle Road asking that.speed
signs be posted at the intersections of Middle Road and Highfield and Middle Road and
Boston Road was directed to Chief Merry for his investigation.
A request for use of the Upper Green ball field by the Newbury Clammers soft ball team
on Tuesdays and Thursdays from April through September was approved as moved by
Selectman Doyle and seconded by Selectman Adams.
A petition submitted by George Balitsa of Courser Brook Drive asking for the installation
of sidewalks on Central Street from Manter field to the Library was taken under
advisement as moved.by Selectman Doyle and seconded by Selectman Adams.
A request from the Parker River Clean Water Association for.use of the Lower Green for
their annual Parker River Festival on May 26th(raim date May 27`)was approved as
moved by Selectman Doyle and seconded by Selectman Adams.. Also,,a request to hang
banners on the Upper and Lower Greens was approved.
On the recommendation of the Conservation Commission, Sue McLeroth was appointed
to the commission for a one year term as an alternate member as moved by Selectman
Adams and seconded by Selectman Doyle.
Two Keyspan permits were approved to open and excavate 3 Grove Street and 11 Hay
Street for new services as moved by Selectman Doyle and seconded by Selectmen
Adams.
Street lights at the Fatherland Farms subdivision was briefly discussed. A letter of
approval is required by Mass Electric to continue with the installation of these lights.
Selectman Doyle asked to table the decision until the meeting of April 3e to allow time
to review the documents. Chairman Tevald was recused.
A request from the Triton Youth Soccer Association for the use of the Lower Green for
U-10 team practices on Tuesdays and Thursdays from April 2nd to.June 13''was
approved as moved by Selectman Doyle and seconded by Selectman Adams.
The meeting was adjourned at 9:30 p.m. as moved by Selectman Doyle and seconded by
Selectman Adams,
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMENS MEETING
APRIL 9, 2002
Chairman Tevald opened the meeting at 7:00 p.m. Selectmen Alan Adams and Michael
Doyle were present.
The legal notice for a public hearing for the AT&T Comcast/AT&T Corp.application for
change of control of the cable'television license was read by Chairman Tevald. Jane
Lyman,Manager of Government Affairs for AT&T gave a brief overview of the merger
plans and the four criteria involved(legal,.financial,technical and management). She
asked for questions or comments and there were none. Selectman Adams moved to close
the hearing to take the matter under,advisement, seconded by Selectman Doyle. The
hearing was reconvened and Selectman Doyle.moved to approve the transfer of the
license, seconded by Selectman Adams and,voted unanimously. Mr. Lyman was thanked
for her time and presentation.
At 7:15 p.m. the legal notice for a transfer of the liquor license now held by LDJ
Restaurant d/b/a Village Diner/Pub to Shots and Sandals LLC d/b/a Village Diner/Pub
was read by Chairman Tevald. The buyers Nicholas Avelis and Anthony Militello,both
of Gloucester, were present. They explained they.would like to keep the same hours that
are in effect and planned to upscale the kitchen equipment,modernize the restaurant area
and introduce seafood to the menu. Mr. Avelis is a seafood distributor in Gloucester and
Mr. Militello has a sheet metal fabrication business there. Chairman Tevald advised that
a board of health inspection would be required at the time of the transfer and a six month
probationary period would be in effect for the new operation. Selectman Doyle moved to
close the hearing and take the matter under.advisement, seconded by Selectman Adams.
The hearing was reconvened and the license was granted as moved by Selectman Doyle
and seconded by Selectman Adams subject to approval by ABCC.
A one-day special permit for the sale of alcoholic beverages for Governor Dummer
Academy for their annual reunion on June 15"`from 12 noon to 12 midnight was
approved as moved by Selectmen Adams and seconded by Selectman Doyle.
A request from Brian White and Donna Gordon for use of the Upper Green on Monday
evenings from April 22°d through the end of October for soft ball league games was
approved as moved by Selectmen Doyle and seconded by Selectman Adams.
.2.53
Robin Gurlitz of Old Point Road questioned the status of litigation against Newbury by .
the Island Futures Group and asked if the suits are dismissed would a frivolous action suit
be filed against the group to recoup legal fees._Chairman Tevald advised that the first
suit had been dismissed but there is still one ongoing.. A frivolous action suit would have
to be addressed by Counsel and it was suggested she contact Jim Lagoulis. Steven Smith
asked about the status of funding for that litigation. Chairman Tevald advised that it was
status quo at the moment because we are waiting for the courts to address the suit..
At 7:30 p.m. the legal notice for a pole-hearing was read by Chairman Tevald. Peter
Glynn,representing Mass Electric explained they would like to move a pole(#36/1)
which is currently in a sand due with evident erosion problems to the corner of 35 h Street
and Northern Blvd. There would be no excavation of roads. -It was moved by Selectman
Adams to close the hearing and take the matter under advisement seconded by Selectman
Doyle. The hearing was reconvened and it was moved by Selectman Adams and
seconded by Selectman Doyle to approve plan#666 as submitted.
A request from Paul Daubitz to speak on behalf of the Citizens Solid Waste Committee
was tabled to the next meeting due to Mr.Daubitz's absence.;Chairman Tevald noted that
the letter was addressed to the Board of Health and will be placed on the agenda for the
April 30a'meeting.
Dave Williamson of Southern Blvd. questioned a letter sent by Selectman Doyle to
Governor Swift asking for her review and intervention in the Plum Island Utilities
Project. Selectman Doyle stated it was his right as a private citizen to send the letter and
it was not on town stationary. Mr. Williamson stated, it seems like back door politics to
ask for the suspension of a project that mas voted by a majority of the people. Selectman
Doyle replied, I am not in favor of this project and have not voted for it". Mr.
Williamson stated for the record, "I am concerned when we have a vote and the majority
support$a project,will our elected officials respect that majority?"
The Board acknowledged the receipt of a check in the amount or$1240.50 which
represents AT&T Broadband subscriber'&es for 2001.
Chairman Tevald announced the closure of the ATM warrant and it was approved as
moved by Selectman Doyle and seconded by.Selectman Adams. The warrant will be
signed and posted by the Constable prior to April 16`b.
The contract from American Medical Response for ambulance support services for FY03
was approved and signed as moved by Selectman Doyle and seconded by Selectman
Adams.
Selectman Adams congratulated Chairman-Tevald on his,15 years of service and wished
him well on his retirement from town politics. Chairman Tevald replied it had been a
pleasure and he hoped to serve the town in a lesser capacity in the future.
The meeting was adjourned at 7:55 p.m as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
255
BOARD OF SELECTMEN
APRIL 30, 2002
The meeting was opened at 9:30 p.m by.Chairman Tevald. -Selectmen Adams and Doyle
were present. ,
The legal notice for a hearing on the renewal of a Class III license for Newbury Auto
Sales at 60 Newburyport Turnpike was read and was published in the Daily News on
April 19,2002. Attorney Harrison representing Newbury Auto Sales briefly described
the history of the business since the'30s and the progress made cleaning and organizing
the site. Questions were taken from the audience pertaining only to the junk yard
business. At the close of the question and answer session Selectman Adams moved to
briefly close the hearing for discussion- The hearing was reopened and it was moved by
Selectman Adams to grant the Class III license renewal, seconded by Chairman Tevald.
Selectman Doyle voted no and the hearing was closed at 10 p.m
The resignation of Brendan OReagan as PIPC was accepted with deep regret. It was
moved by Selectman Adams and seconded by Selectman Doyle to work with
Newburyport to assign a replacement,for the PIPC position.
A request from the NewburyByfield Baseball League for permission to hold a cookout at
the opening day on May 5`�at Pearson Field was approved by the Board.
At the request of the Parker River Clean Water Association it was moved by Selectman
Adams and seconded by Selectman Doy6to allow the Town to be named as applicant for
repairs to the fish ladder in the Parker River.
The installation of street lights on Fatherland Drive was once again tabled to allow the
Chief to look into what is needed from the Town. Chairman Tevald was recused.
The contract for.Betsy Ware the new Planner,working with the?lanning Board was
approved and signed as moved by Selectman Doyle, seconded by Selectman Adams and
voted unanimously.
The Health Agent's contract was briefly discussed and Chairman Tevald suggested that it
be extended until June 30a'to bring her into compliance.with all other town
appointments, moved by Selectmen Adams.and seconded by 'Selectman Doyle.
The meeting was adjourned at 1 U:25 p.m. as moved by Selectman Adams and seconded
by Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF HEALTH
APRIL 30,-2002,
Chairman Tevald opened the meeting at 7:15 p.m. Mr.Adams and Mr. Doyle were
present.
9 LARKIN ROAD-A revised septic,repair plan showing.a five:(5)bedroom design was
approved as submitted as moved by Mr. Doyle and seconded by Mr. Adams. The health
agent requested Mr. Mountain continue to submit pumping receipts until the new system
is in place.
61 FORDHAM WAY-A septic plan for new construction with a well easement and
deed restriction in place and also Conservation Commission approval was approved as
submitted as moved by Mr. Doyle and seconded by.Mr. Adams.
69 CENTRAL STREET-Contingent on the sale of this property,the owner has 2, 57
requested his application for a septic system within the required 300' setback to the
Parker River for a new lot be withdrawn without prejudice.
8 JOHNSON ROAD-A renovation request was tabled as moved by Mr. Adams and
seconded by Mr. Doyle'until a more professional drawing of the existing and proposed
plans are received as well as a signed contract for potable water. The enforceable
schedule for sewer/water has been completed.
5 PEARSON DRIVE-The Health Agent advised that the owners had withdrawn their
request for renovations. Ms. Kimball Murray reported she had done a walk-thru as
requested by the Board and found eleven(11)existing rooms. It was.moved by Mr.
Doyle and seconded by Mr. Adams to deny this renovation request based on this report.
66 CENTRAL STREET-Lot 15 A and 15B-It was moved by Mr. Doyle and seconded
by Mr. Adams to approve the septic repair plan for lot 15A with the existing house and
table the plan for Lot B until further determination is made by the Planning Board
regarding the possibility of creating a second lot, be it buildable or non-buildable.
53 OLD ROWLEY ROAD-A septic repair plan was submitted by Millennium
Engineering for review with two local upgrade requests 1)reduce groundwater separation
from 4'to 3'and 2)to reuse the existing.1000 gallon septic tank. After a brief discussion,
it was moved by Mr. Doyle and seconded by Mr.Adams not to allow the reuse of the old
tank. A 1500 gallon ledge tank would be preferred but if it will not fit without blasting
then a new 1000 gallon will be allowed. Plans are to be revised to show this decision.
The request for the 4'to 3' separation was granted as moved by Mr. Doyle and seconded
by Mr. Adams.
A sanitation certificate for Holten Hall at the 1'r Parish Church for their state certification
was signed by the Board and the fee for their food establishment permits was waived as
moved by Mr. Adams and seconded by Mr. Doyle.
In order to clarify our regulation regarding,set backs from the Parker River,Dave
Mountain of the Planning Board suggested that DEP standards for a tributary(perennial
stream)be used and the burden of proof be.placed with the applicants. For the long term
it was suggested that the regulations be amended through the public hearing process. It
was moved by Mr. Adams and seconded by.Mr. Doyle to accept DEP's perennial stream
guidelines for the interim and to work with the Board of Health to amend the Town's
regulation.
170 NEWBURYPORT TURNPIKE-As requested,the well.has been relocated and
water test reports are in place.-The release,for the Title V approval was granted and
signed by the Board as moved by Mr.•Adams and seconded by Mr.Doyle.
Brad Andrews, Program Director of the North East Regional BOH submitted for review
by the Board new regulations governing the sale of tobacco to minors and the
establishment of a permit process for the Town. He also asked the Board to consider a
change in the Triton tobacco regulations to include the BOH in assessing violations and
fines. It was moved, seconded and voted unanimously to.accept the youth access
regulations as presented and to approve the inclusion of the BOH in the Triton
regulations.
80 HIGH ROAD-It was moved by Mr. Doyle and seconded by Mr.Adams to approve
the septic repair plan as submitted with two local upgrade requests I)reduce groundwater
separation from 4'to 3'and 2)reduce the setback of the SAS to the foundation from 20'to
.16 with the installation of a membrane:
257 HIGH ROAD A septic plan for new construction was approved as submitted as
moved by Mr..Doyle and seconded by W. Adams.
131 NORTHERN BLVD. -The Health Agent advised the Board of a trash complaint
which was brought to her attention by Tim.Leonard. .Inspections have been done on
April 2, 16 and 18 and the area has been cleaned and is much improved. .It was
determined by the Board that a name and phone.number must be obtained from anyone
making a complaint in order for the Health Agent to properly address the situation
23 PLUM ISLAND BLVD. -Two letters have been sent to the owner requesting that the 259
property be cleaned up. Some trash has been removed and a follow up inspection will be.
done to insure that all trash.is removed as requested. If action is not taken in a timely
manner by the owner,a fine may be levied.
2 NORTHERN BLVD. -An anonymous complaint has been received regarding a snow
fence post protruding from a dune on this property. Tim Leonard has offered to torch the
post off below ground to prevent injury to the public pending permission from the owner
of the property. The Board consented to allow Tim to take care of this problem if the
owner's permission is obtained.
5 O'CONNORS COURT-It was moved by Mr. Adams and seconded by Mr. Doyle to
request the owner relocate his well point to obtain the 50'separation well to SAS and
retest the water for his Title V inspection report. An enforceable schedule for
water/sewer and contract agreement for potable water if needed are in place.
161 HIGH ROAD-It was moved by Mr. Doyle and seconded by Mr.Adams to approve
a septic repair plan with one local upgrade request to reduce groundwater separation from
4'to 3'contingent on approval from the Conservation Commission.
7 COLLINS WAY-The Title V inspection report failed due to nitrates and coliform
present in the water test due to a u/v system failure. The system has been repaired and a
second test will be done with the testing company drawing the sample so it will not be
compromised. An enforceable schedule,for water/sewer is in place and contract
agreement for potable if needed will be signed.,The owner was advised to bring the new
results to the next meeting for a final determination.
14-51 sT STREET-A lengthy discussion ensued with property owner Peabody and Chris
Leahy of Millennium Engineering regarding DEP correspondence about building on this
lot. DEP disagrees with the owner on meeting the transition rules and determination of
the V-zone. The engineer suggested that a plan be drawn for a two bedroom deed
restricted IA system as it was their determination that there was enough land to support a
two bedroom system and the nitrogen loading requirements and it is also their
determination that the property is not in the v-zone in accordance with the FEMA maps.
It was moved by Mr. Doyle and seconded-by Mr.Adams to allow the engineer to move
ahead with the design of a two bedroom deed restricted IA system contingent on proof
that there is enough land to meet with the nitrogen loading requirements and confirmation
that it is not in the v-zone.
#45 AND#55 FATHERLAND DRIVE AND#78 CENTRAL STREET=Chairman
Tevald was recused. Based on the results of testing on these three properties and upon
the certification of Hayes Engineering and Universal Labs it was moved by Mr. Doyle
and seconded by Mr. Adams to approve and sign the certificates of compliance. Mr.
Ogren of Hayes Engineering stated that all future systems will follow BOH regulations
and health agent inspections.
Abby Gindele a member of the Citizens Solid Waste Committee spoke on behalf of Mr.
Daubitz and the committee. They asked for an independent audit on the.landfill from
1996. She was advised that there is no funding for such an undertaking and it was
suggested by the Board that the committee meet with the town accountant and the auditor
who audits the town's book each year to obtain information on these accounts.
The meeting was adjourned at 9:15 p.m.as moved by Chairman Tevald and seconded by
Mr. Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
�x2 61
SELECTMEN'S MEETING
MAY 23, 2002
Clerk,Alan Adams opened the meeting at 9,30 a.m. Selectmen Michael Doyle and
Richard Joy were present.
The purpose of this meeting was to reorganize the board. Selectman Doyle moved to
nominate Alan Adams as Chairman, seconded by Richard Joy.,.Selectman Adams
declined the nomination due to poor health.. Selectman Adams moved to nominate
Richard Joy as Chairman for the ensuing year, seconded by Selectman Joy and voted
unanimously by Selectman Doyle. Selectman Adams nominated Selectman Doyle as
Clerk, seconded by Richard Joy and voted unanimously.
On the recommendation of Chief Merry the following persons were appointed as
lifeguards for the 2002 summer season:-
Head guard-Andrew Cote
Asst. Head guard-James Shaffner
Lifeguards-Kristie Hambrecht, Lorianne Hambrecht, Keith Hambrecht,
Bethan Noonan,James Ward,Dante Blancarte,Adam Chicoine,Alexander Gallup,
Michael BiscarA Benjamin Cawy,,Caroline Linnehan,Kate Flanders,Christopher
Germain and Alexander Rice-Swiss.
Selectman Doyle advised that he had been approached by the residents of Morgan
Avenue to have a stop.sign placed at the intersection of South Pond Street. Chief Merry
noted he had looked into it and there had been no accidents at this.site. However,there is
room for a sign and he recommended the intersection be painted by the Highway
Department.
The Police contracts have been reviewed,revised and approved by the Board and will be
signed today.
A letter to P.I.property owners from the Board of Health regarding"no trash pick-up"
this summer was read by Chairman Joy. ,It was approved by the Selectmen as moved by
Selectman Doyle and seconded by Selectman Adams. It was suggested that a notice'be
placed in the Daily News at the expense.of the Selectmen.
A working session was scheduled with the Treasurer,Accountant and board to discuss
fmances and the special town meeting warrant.
A request from Protection Fire Co.#2 for the old cruiser was briefly discussed and tabled
until the May 28`'meeting.
The meeting was adjourned at 10 a.m.as moved by Selectman Doyle and seconded by
Selectman Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
MAY 28, 2002
Chairman Richard Joy opened the meeting at 7 p.m. Selectmen Alan Adams and Michael
Doyle were present. The minutes of the past two meetings were read and accepted as
moved by Selectman Doyle and seconded by Selectman Adams. Chairman joy
welcomed the new BOH members in attendance and offered this board's aid and 110%
support whenever needed.
Chris Koehler and John Donovan of CDM were present. Mr..Donovan spoke briefly of
the Mass DEP interim order by consent dated August 2000 and the status of the tasks 263
before CDM and the town regarding Title V. An amendment to their contract in the
amount of$15K to finalize the four remaining open tasks required by a DEP letter dated
4/9/02 was put before the Board. It was moved by Selectman Doyle, seconded by
Selectman Adams and voted unanimously to approve this.amendment to the 7/30/01
contract with CDM.
Chris Koehler spoke on the landfill closure, status of permitting and construction
schedules and the engineering services provided through the bidding process. He
outlined the cap and close procedure and in answer to Selectman Doyle's question
advised that the existing transfer station area will remain open through cap and close but
that the commercial area will be closed. The new transfer station, if permitted,will be
relocated. Mr. Donovan advised that it was his impression from DEP that commercial
haulers will have to use other facilities, as any new transfer station will be for residential .
use only. A new contract in the amount of$149K was approved as moved by Selectman
Doyle, seconded by-Selectman Adams and voted unanimously for engineering services to
complete the landfill cap and closure.
Mr. Donovan also spoke on the town's application for a site assignment for the proposed
new transfer station. He estimated approximately one year between cap and close and a
new transfer station ifall goes well., He offered.CDM's help with the site assignment
process and will submit a contract for that scope of work in the near future. Selectman
Doyle stated that after speaking with Madelyn Morris of DEP he believed the town could
still apply for a grandfathered site assignment,.if the board were to immediately call for a
public hearing. Mr. Koehler advised that an application, site suitability report and public
hearing were necessary to start this process.;The Board thanked Mr. Donovan and Mr.
Koehler for their time and information.
A request from Protection Fire Co.#2 for a used cruiser, which was tabled at the May
23`d meeting, was addressed. On the recommendation of Chief Merry it was moved by
Selectman Adams and seconded by Selectman Doyle to sell this years trade-in and allow
Protection Co.#2 to take over the 2003 trade-in next year, which is reportedly a better
vehicle.
Selectman Doyle advised that he and Mr. Taylor had contacted the residents of Morgan
Avenue regarding the placement of a stop sign at the intersection of Morgan Ave. and So.
Pond Street and everyone, without exception,was in favor. It was suggested that white
lines marking the stop also be painted on the road. It was moved by Selectman Doyle
and seconded by Selectman Adams to approve,the stop sign and painted markings.
A license renewal for Anthony Knapp d/b/a Buddy's Books at 152 High Road was
approved as moved by Selectman Adams and seconded by Selectman Doyle.
Resignation letters from Cheryl McCarthy(Library Board of Trustees) and Alex Hasapis
(ZBA)were read and accepted with deep regret and thanks to both individuals for their
time served.
Two permits from Keyspan to open and excavate 13 Hay Street for the installation of a
new gas service and 8 So. Pond Street to retire a gas service were granted as moved by
Selectman Doyle and seconded by Selectman Adams, subject to Tim Leonard's.review.
A request for use of the Upper Green from the American Hand Fire Engine.Society to
hold a firemen's muster on Saturday, July 27,2002 was granted as moved by Selectman
Doyle and seconded by Selectman Adams:
A request for the use of the Upper Green from the Yankee Homecoming Committee for
an Armed Forces display on July 27 and 28,2002 was granted as moved by Selectman
Adams and seconded by Selectman Doyle.
It was noted that a tour of the Middleton Transfer Station had been arranged by BOH
member Elaine Byrne for Wednesday,June 5.d'at 9 a.m. Persons wishing to attend
should contact M&Byrne.
A petition received from Patricia Rodgers asking that Church Street be made one-way
was read and discussed. It was moved by Selectman Doyle and seconded by Selectman
Adams to table this item to allow the Chief time to assess this request and also to look.at
Lunt Street. The Chief did advise that the proposed stop sign at the 95S ramp and a
posted speed limit were both under state jurisdiction and the town could not change them
A complaint from Clay Crabtree of Jocelyn Marine Services regarding the recent$6002 6r5
commercial ramp fee was discussed. A compromise to$300 was suggested by Selectman
Doyle and dismissed by Crabtree and several residents. It was finally moved by
Selectman Doyle and seconded by Selectman Joy to charge a$100 fee for commercial
ramp use this season and revisit the fees prior to the end of the boating season.
Selectman Adams voted present.
At 8:25 p.m. a five-minute recess was called. The meeting was reconvened at 8:30 p.m.
Steve Smith suggested that all boards be asked to enforce the established rules and
regulations especially those concerning P.I. growth.
Chairman Joy advised the STM warrant was open and would close to petition articles on
Tuesday, June 4t'.
Under Chapter 61A the Board agreed to release an option to purchase property(40,000
s/f), Lot 8 Elm Street,owner of record David S.Caldwell Corp. (Assessors Map.R1641)
as moved by Selectman Adams and seconded by Selectman Doyle. No one in attendance
showed interest in purchasing this property on behalf of the town:
Ron Garand asked about the rock work being done on Middle Road and Orchard Street.
He was directed to theHighway Superintendent,Tim Leonard.
Steve Smith asked where the$149K for CDM's new contract will come from. Selectman
Doyle advised it would be from closure bonding.
Selectman Doyle suggested as a new format there be a fifteen-minute open session for
general questions prior to the Selectmen's meetings. He also suggested the office be open
the P Tuesday of each and possibly one Saturday morning each month. The matter was
taken under advisement for a future meeting. Selectman Doyle also noted that the
Finance Committee is still short three members. Selectman Adams stated he would like
any interested.candidates to meet with the Finance Committee and the committee could
then make a recommendation to the Selectmen..
The meeting was adjourned at 9:15 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
f
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JUNE 11, 2002
The meeting was called to order by Chairman Richard Joy.: Selectmen Alan Adams and
Michael Doyle were present. The minutes of the May 28`"meeting were read and
accepted as moved by Selectman Doyle and seconded by,Selectman Adams.
The warrant for the Special Town Meeting to beheld on June 25,,2002 at 7:30 p.m. at the
Newbury Elementary School was reviewed and signed by the Selectmen and will be
posted by Constable Richard Cunningham.
It was moved by Selectman Adams, seconded by.Selectman Doyle and voted
unanimously to appoint the following three persons as Commissioners for the Old Town
Water District Charles Bashaw, Worthen Taylor Sr. and Geoffrey Walker.
It was moved by Selectman Doyle and seconded by Selectman Adams to issue a letter of
good faith to CDM so work on the filing for the Town's transfer station site assignment
can be started. A contract is being prepared and should be ready for signatures within the
next ten days.
-2 67
BOS Meeting (cont'd) June 11, 2002
Roger Thurlow spoke for Gene Palumbo regarding the ongoing problems with
McDonald's sand and gravel business on Hanover Street. He suggested that it might be
time for the Town to call in the lien against the company and close down the operation.
Selectman Doyle advised that Counsel would be contacted to see what steps can be taken.
Chairman Joy noted that the Board of Health and Doug Packer of Conservation should
also be kept in the loop.
Chief Merry addressed the Church Street petition. He advised that he.was waiting for
Byfield Fire to review the situation and make their recommendation. A complete report
should be ready for the July meeting.
Leonard Kopelman of Kopelman&Paige spoke briefly on a proposal for services offered
as Counsel for the Town. He listed the towns represented in Essex County,the services
covered by his company and a synopsis of cases they had successfully litigated.
Selectman Doyle suggested that the Board check some of the resources and references
presented. Mr. Kopelman was thanked for his presentation
A proposal and site plan recommendations from Northeast Mosquito Control for site
#499A Newbury,Boston Road Landfill Capping Project was tabled until the next .
meeting to allow time for review and discussions with the Conservation Commission.
A response letter to MEPA regarding the JRM ENF was read and signed and will be
forwarded to McGregor&Associates to be included in the Town's package response.
It was moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously to close Town Hall on Friday,July 5t.
Selectman Doyle asked if the Board had considered holding an open session prior to the
meetings to allow questions and concerns on the agenda articles to be heard. He also
asked if there would be questions allowed during the meeting. Chairman Joy replied that
it was a Selectmen's meeting not a Town Meeting but anyone could certainly ask to be on
the agenda and the Board would consider setting up an open session. Selectman Adams
suggested that any questions could also be presented to the Board in writing and would
be reviewed and answered.
Mr. Garand again questioned the rock movement on Middle Road and Orchard Street.
He was asked to speak with Tim Leonard and insisted that the Selectmen answer his
questions. Chairman Joy stated he would get the information for Mr. Garand by the next
meeting.
Selectman Doyle asked if the Selectmen wished to keep the office open on the odd
Tuesday evenings and possibly one Saturday a month. Selectmen Joy and Adams replied
that if they were available they would be happy to cover a Tuesday evening but neither
would be available on Saturdays. Selectman Doyle will advertise extra openings in the
Daily News when scheduled.
The Meeting was adjourned at 8 p.m. as moved by Selectman.Doyle and seconded by
Selectman Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
2169
SELECTMEN'S MEETING
JULY 9, 2002
The meeting was called to order at 7:10 p.m. by Chair Richard Joy. Selectmen Alan I.
Adams and Michael Doyle were present. The minutes of the June I Vh meeting were read
and accepted as moved by Selectman Adams, seconded by Selectman Doyle and voted
unanimously.
The newly appointed Commissioners for the Oldtown Water District were welcomed and
asked to organize their board. Brownie Taylor nominated Geoffrey Walker as Chairman.
Mr. Walker thanked Mr. Taylor but declined the nomination due to other commitments.
Mr. Walker nominated Charles Bashaw as Chairman, seconded by Brownie Taylor and
voted unanimously. Mr. Taylor nominated Geoffrey Walker as Secretary, seconded by
Mr. Bashaw and voted unanimously. .W. Walker nominated Brownie Taylor as
Treasurer,seconded by Mr. Bashaw and voted unanimously. Chairman Joy stated this
board is now empowered to hold meetings and meet with other town boards. An election
date must be set and openings will be advertised and a ballot will be posted. Any resident
of Oldtown is welcomed to run for a position. The Commissioners were thanked for their
time.
It was moved by Selectman Adams, seconded by Selectman Doyle and voted
unanimously to appoint Fred Thurlow to the Planning Board to fill the 5 year open
position until the May 03 election.
It was moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously to appoint Martha Taylor as alternate Planning Board representative to the
MVPC.
On the recommendation of Chief Merry,Allison McNiff was appointed as part time
lifeguard for the 2002 summer season as moved by Selectman Doyle, seconded by
Selectman Adams and voted unanimously.
On the recommendation of the Harbormaster,Michael Smith was appointed as
Harbormaster Assistant and Bradley Frost was appointed as Harbormaster Helper as
moved by Selectman Adams, seconded by Selectman Doyle and voted unanimously. .
On the recommendation of Ed Suprin,Director of the Summer Recreation Program,the
following persons were appointed as Counselors for 2002 as moved by Selectman Doyle,
seconded by Selectman Adams and voted unanimously-Jessica Murphy, Sharon Smart,
Jeff Magner, Kierra Clemenzi,Neil O'Malley,Jeff Christensen, Jacob Salley,Katie
Younes, Kelsey Shamano, Amelia Random, Chris Gulino,and Jackie Murphy.
The Board acknowledged the receipt of the Refuge Revenue Sharing Check in the
amount of$86,418 covering FY01.
The Board acknowledged receipt of a check from Representative Harriett Stanley in the
amount of$200 representing 1/7 of her 8 day pay cut which she divided amongst the
seven communities she represents. It was moved by Selectman Doyle and seconded by
Selectman Adams to send Representative Stanley a letter recognizing receipt of this
check. `
Alba Gouldthorpe, Chair of the Board of Health addressed the Selectmen regarding
closure of the transfer station to commercial haulers. She stated she felt the BOH had
been left out of the loop and not enough notice had been given to the residents of P.I. and
the haulers. She advised that the BOH had extended the closure for one week until this
meeting. There appears to have been some miscommunication partly due to bad
acoustics at town meeting. Mrs. Gouldthorpe said she felt as though she had let the .
people down by not giving them enough notice and she asked if in the future the BOH
could be notified of any decisions affecting their board. She also asked for copies of any
documents pertaining to the BOH. Chairman Joy assured her that the Selectmen would
assist in any way possible and would keep the BOH in the loop. To reiterate the prior
decision on commercial haulers, it was moved by Selectman Doyle and seconded by
Selectman Adams to.close the transfer station to all commercial hauling effective
immediately. .
271
BOS Meeting(cont'd) July 9, 2002
A letter from Byfield Fire regarding the petition to designate Church Street one way was
read and will be included in a package being prepared by Chief Merry for review by the
board. Recommendations will be made at the next meeting.
Warren Manter spoke about revised plans for playground construction due to the defeat
of the override vote. The new,plans would address three fields and irrigation, leaving the
runway for parking. He asked permission to re-bid this down scaled project if Triton is
not able to start work immediately on their fields. Both areas should not be under
construction at the same time but the Town should at least do the irrigation project this
year, he stated. It was moved by Selectman Adams and seconded by Selectman Doyle to
approve the advertisement for bids for the revised plan. It was also moved by Selectman
Adams and seconded by Selectman Doyle to close a 500' section of Central Street to thru
traffic except for local residents to allow Mr. Manter to repair drainage and rebuild that
section of the road as agreed to in his subdivision plans.
Dan Streeter spoke about a boardwalk project along the Central Street property. It was
moved by.Selectman Adams and seconded by Selectman Doyle to allow the committee to
file an application for a "recreation trails grant". Funding of approximately$7K for
materials for this project will be taken from the Central Street project funds.
Nicholas Metcalf questioned the Board's decision to renew JRM's Class III license for the
junkyard. Counsel replied that an existing license cannot be denied without cause and
these are very specific. Mr.Metcalf also asked if Kozazcki's well would be jeopardized
because it is within the half mile radius of this commercial salvage yard. Mr.Lagoulis
stated this was a valid issue and the Town may have to look at entering.into an agreement
with JRM or take that property by eminent domain. Mr. Lagoulis also advised that the
technical fee received from JRM in the amount of$15K is for use by the community for
expert consultants to investigate JRM's application for a transfer station. The Board and
Counsel asked that if anyone has knowledge of the well at the elementary school,this
information would be welcomed. It was moved by Selectman Doyle and seconded by
Selectman Adams to request McGregor&Associates act as co-counsel in all dealings
with JRM.
A request from Bob Cole of Temple Street for use of the Upper Green on August I Oth
from 12 noon to 5 p.m. for a family outing was approved as.moved by Selectman Doyle,
seconded by Selectman Adams and voted unanimously.
Gene Palumbo again brought a compliant against McDonald Trucking, saying they do .
not abide by laws. Chairman Joy assured he would speak with Counsel and Chief
Merry and take action against Mr. McDonald.
Chairman Joy addressed Mr. Garand's questions about work on Middle Road and
Orchard Street. He read a report from the highway superintendent and also two letters of
thanks from residents for this work. It was moved by Selectman Adams,seconded by
Selectman Doyle and voted unanimously to send a letter of commendation to Tim
Leonard*for his leadership and innovative ideas and a letter of appreciation to the DPW
crew for their dedication: Chairman Joy expressed his concern about frivolous
complaints coming before the board and asked Mr. Garand to address his future concerns
or complaints in writing to the secretary for the board and the board would respond to his
queries at a Selectmen's meeting.
The meeting was adjourned at 8:30 p.m.as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
273
SELECTMENS MEETING
JULY.23,2002
Chairman Richard Joy opened the meeting at 7 p.m...Selectmen°Alan I.Adams and
Michael Doyle were present. The minutes of the July 9`"meeting were accepted as read
as moved by Selectman Adams and seconded by Selectman Doyle.
David Santomenna of the Essex County Greenbelt Association,Inc. presented a copy of a
conservation restriction on 8.8 acres of land on Green/Hanover Streets,owned by Bud&
Mae Atkinson which they donated to Essex County Greenbelt to be preserved as
conservation land..It was moved by Selectman Doyle, seconded by Selectman Adams
and voted unanimously to approve and execute this document.
Under Chapter 6 1 A the Board released an option to purchase approximately 145 +/- acres
of land on Elm Street,owned by David S. Caldwell Corporation(Assessors Map R16-01
and R02-11) as moved by Selectman Adams,seconded by Selectman Doyle and voted
unanimously. No one in attendance showed interest in purchasing this land on behalf of
the Town.
It was moved by Selectman Adams and seconded by Selectman Doyle to approve and
sign amendment#4 to the CDM contract with Newburyport and Newbury for the
extension of services necessitated by unforeseen delays.. This amendment had been
approved by the P.I. Workgroup at their session on June 5, 2002.
A request for use of the Upper Green on August 24 and 25 as a 50 mile rest stop by the
North Shore Cyclists for their annual century ride was approved as moved by Selectman
Adams and seconded by Selectman Doyle.
On the recommendation of the Library Board of Trustees,Deborah L.Casey was
appointed to the Board.of Trustees to replace Cheryl McCarthy, as moved by Selectman
Doyle, seconded by Selectman Adams and voted unanimously.
On the recommendation of Chief Merry,police appointments were approved as moved
by Selectman Doyle, seconded by Selectman Adams and voted unanimously.
General government re-appointments were also approved as moved by Selectman Doyle
and seconded by Selectman Adams. The position of Town Counsel was briefly
discussed. Selectman Doyle suggested interviewing Gary Bracket,Counsel for Easton
and Judy Pickett,Counsel for Littleton before making an appointment. Selectman Adams
stated he felt continuity and local experience were important at this point in time.
Selectman Adams moved to re-appoint Jim Lagoulis as Town Counsel for one year,
seconded by Selectman Joy. Selectman Doyle voted no. Selectman Doyle moved to re-
appoint Dick Cunningham to the Historic Commission. There was no second and the
motion died.
Nicholas Metcalf;representing the Citizens Solid Waste Advisory Committee, questioned
the material used to fill in the area where the commercial ramp was removed. The Board
advised they-would check with Tim Leonard. Mr. Metcalf also requested an audit on the
transfer station and asked for proposed costs of a new transfer station. He questioned
from whose budget these Rinds would be taken,asked about a police detail at the landfill
in February,clarification of Waste Management's figures and an adjustment in accounts
on June 30a'. He was asked to put these questions in writing to the Board so they could.,
address them with the proper departments.. Selectman Adams raised a question about the
validity of this committee as they have never been officially appointed. The Board will
look at the past meeting minutes and look at appointments at the next meeting., Mr.
Metcalf was thanked for his time.
It was moved by Selectman Adams and seconded by Selectman Doyle to empower
Chairman Joy to negotiate a contract withTim Leonard as Public Works.Director,for
review and final approval of the Board.
Chief Merry gave brief reports on his suggested proposals for traffic control on Church
Street,Lunt Street and High Road at Rolfe's Lane and Hanover Street. It was moved by
Selectman Adams, seconded by Selectman Doyle and voted unanimously to approve the
Chiefs proposals as submitted.
r
275
BOS Meeting.(cont'd) July 23, 2002
A request.from the Historical Society of Old Newbury to hang a banner on the Upper
Green back stop advertising their Antiques Show the weekend of August 23`d was
approved as moved by.Selectman Doyle,seconded by Selectman Adams and voted
unanimously.
Selectman Doyle suggested the Board of Health be recognized at the end of each meeting
to voice any questions or concerns that might-need the Selectmen's input. Alba
Gouldthorpe, Chair of the Board of Health questioned the.legality of the Citizens Solid
Waste Advisory Committee and stated that she had come to rely on their input.
Selectman Doyle again moved to accept the committee, seconded by Selectman Joy and
voted unanimously.
Selectman Doyle asked about the Fernald-letter regarding fees on the.Parker River.
Chairman Joy advised they would be addressed in early fall. A letter of
acknowledgement is to be sent to Mr. Fernald along with an invitation to attend this fall
meeting when scheduled.: Selectman Adams noted that Mr. Publicover also wished to be
at this meeting and he will also be advised of the date.
Painting the fence at the Woodbridge School was discussed and Selectman Doyle asked
about completing the enclosure with gates. Chairman Joy will check with Tim Leonard
about the painting and the gates will be discussed at a later date.
Chairman Joy acknowledged a 4etter received from Mr:Garand asking about road repairs
and related activities. As it was not on the meeting agenda, Chairman Joy asked Mr.
Garand to put his.questions in writing to the:Selectmen and they will address his
concerns.
The meeting was adjourned at 8:30 p.m.:as moved by.SelectmawAdams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary .
SELECTMEN'SN EETING
AUGUST 13; 2002
Chairman Joy opened the meeting at 7 p.m.,,Selectmen Alan L Adams and Michael._
Doyle were present. The minutes of the July 23rd meeting were read and accepted as
moved by Selectman Adams and seconded by Selectman Doyle.
A letter of commendation was presented to lifeguard James A. Shaffner for his handling
of the rescue of a diving victim on Plum Island.
A request from the Webers at 5 Olga.Way for use of the town parking lot for overflow `
visitors on August 16t'was approved as moved by Selectman Doyle and seconded by
Selectman Adams.
A request from Protection Fire Co.#2 to hold a"boot drive" for Muscular Dystrophy at
the traffic lights on High Road/Rolfe's Lane on Sunday September 1'from 8 a.m.to 4
p.m. was approved as moved by Selectman Doyle and seconded by Selectman Adams.
Approval was also given to hang a banner on the back stop of the Upper Green for this
event.
2 7.7.
A new license for Mark Allin d/bla Precision Automotive Restoration Inc. at 86
Newburyport Turnpike was approved as moved by Selectman Doyle and seconded by.
Selectman Adams.
The warrant for the State Primary on.Tuesday September I?"h was reviewed and signed
by the Board and will be posted by a Constable.
A letter.of notification from the Essex County Sportsmen's Association was read
announcing that the work on the Parker River Fishladder,will begin on or about August
25th. ECSA invited the Town to join as a partner in this project and a request for use of
some highway department equipment was approved as moved by Selectman Doyle and
seconded by.Selectman Adams-Selectman•Adams noted that there were a few loose
stones on the bridge that needed to be replaced and he will speak with Tim Leonard to
see if this can be accomplished at the same.time as the.fishladder repairs.
On the recommendation of the Town Clerk;Anne Hatheway was appointed as Assistant
Town Clerk for FY03.
On the recommendation:of Director Alix McArdle the following persons were appointed
as Council on Aging members:=Mary A:Rogers,Barbara Butler,Joan Canning,Grace E.
Daly, Cynthia Dennis, William King and'Dorothy,Williams.
The Board advised that contracts had been signed for the Central Street Athletic Fields
Project with John Hartnett and Son and for the Cap & Close Project at.the landfill with
Littleton Environmental Services. Work on both projects will begin immediately.
Chairman Joy noted that five applicants for the position of Conservation Agent had been
screened and three interviews'had been held. By unanimous decision the Board bw
chosen Doug Packer to be Newbury's Conservation Agent with the stipulation that if
conflicts arise with his Conservation,Commission duties he will step down from the
Commission. It was moved by Selectman Doyle;seconded by Selectman Adams and
voted unanimously to appoint Mr.Packer as Newbury's Conservation Agent.
Abby Gindele of the Citizens Solid.Waste Advisory Committee gave a brief update of
their work over the past few weeks. She spoke about recycling, alternate uses of the.
containers on site, signage,contracts for waste removal and the possibility of buying,or
renting a compactor for MSW. She was asked to submit minutes of the CSWAC
meetings to the Board and a place will be set aside on the agenda for their updates at each
meeting. Ms. Gindele was thanked for her:report.
On the recommendation of Chief Merry Kathy Spenser was appointed as ph dispatcher
as moved by Selectman Doyle and seconded by Selectman Adams.
A letter from Steve Smith was read recommending the establishment of a"beach
committee"to address erosion on the beach.and grant monies and to work with the
Conservation Commission. It was moved by Selectman Doyle and seconded by
Selectman Adams to establish this committee and volunteers should submit their
applications to the board in writing for consideration.
A request from the Planning Board for permissiont6 seek legal advice from Counsel was
approved by the Board. The Planning Board also advised that changes to the zoning
bylaws were being considered and drafts will be generated for review by the Selectmen
for referrals for public hearings. On the recommendation of the Planning Board,
Geoffrey Walker was appointed as liaison to the Conservation Commission as moved by
Selectman Doyle,and seconded by Selectman Adams. Selectman Doyle will be liaison to
the Planning Board for zoning bylaw changes.
The meeting was adjourned at 805 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMENS MEETING 279
AUGUST 27,2002
Chairman Joy opened the meeting at 7:10 p.m. Selectmen Alan L Adams and Michael
Doyle were present. The minutes of the August13"meeting were read and accepted as
moved by Selectman Adams and seconded by Selectman Doyle.
The Board approved a permit from Keyspan to open and excavate 12 Rolfe's Lane to
install anew gas service as moved by Selectman Adams and seconded by Selectman
Doyle.
Abby Gindele of the Citizens Solid Waste Advisory Committee gave a brief update of the
activities of the committee for the past two weeks:,Grant research,possibility of setting
up a revolving fund for the landfill and information on the MOR's were mentioned.. Ms.
Gindele was thanked for her time. It was moved by Selectman Doyle and seconded by
Selectman Adams to request Mr.Cashman's presence at the next meeting to discuss a
revolving account and the costs associated with the transfer station from July1, 2002 to
the present.
Alba Gouldthorpe,Chair of the Board of Health suggested that a workgroup meeting be
held with the BOH,BOS.and possible the Health-Agent and Public Works Director. A
date will beset£Dr after the holiday. She abo,s Wed that.onee-ofthe BOH members would
try to be available for the P.I.Utility workgroup meetings each month.
Chairman Joy requested Selectman Adams be liaison for the Harbormaster and
Waterways and Selectman Doyle be liaison to the BOH and CS WAC...Selectman Joy
will continue to be liaison to the Recreation Committee and Council on Aging.
Ron Garand submitted two letters to the Board regarding questions on road repairs and a
rebuttal to accusations made at the July 9`,h meeting. He was afforded time to read the
letters aloud for audience. Chairman Joy.advised that they would try to get some answers
for his questions.
The following persons were appointed to the Harbormaster's Department as moved by
Selectman Doyle and seconded by Selectman-Adams: ChiefHarbormaster, Glenn Gavin;
Deputy Harbormaster,Michael Burke;-Sg .-Harbotmaster,Robert Watson;Reserves,
Richard Olsen and Russell Stiles.
Beach committer,finance committee and CSWA.0 appointments will be made at the
September I&meeting;"- Selectman;Doyle miked about a proposal.voted at town meeting
to have a citizens committee to overlook'our•towa government pr+oacess.. The Clerk's
minutes will be researched far the next meeting. _
Chairman Joy give a brief update.on the construction.of the athletic fields on Central
Street and suggested if the agenda was not.too fall,Mr:Maoter,might give a full report at
one of the future meetings.
Questions were 14ed about.the progresi of the Old Town:Water.District:: Chairman Joy
will oheck with the members to see whaf thsy need to initiate a meeting.
The meeting was adjourned at 7:40 p.m;,as moved by Selectman Adams and seconded by .
Selectman Boyle.
Respectfully submitted,
Kathleen Sirois, Secretary
Z 8,1
SELECTMEN'S MEETING
SEPTEMBER 10,2002
Chairman Joy opened the meeting at 7:05 p.m' Selectmen Alan I. Adams and Michael
Doyle were present. The minutes of the August 27"meeting were read and accepted as
moved by Selectman Doyle and seconded by Selectman Adams.
Two one-day special permits for the sale of alcoholic beverages were approved for
Protection Fire Co. #2 for September 28.and October 3 from 6 to 11 p.m for functions in
the Firemens Memorial Hall.
A request from S.P.N.E.A.to hang a banner on the back-stop of the Upper Green to
advertise their Family Harvest Festival at the Spencer-Pierce-Little Farm was approved
as moved by Selectman Doyle and seconded.by.Selectman Adams.
On the recommendation of Kevin Blanchette,,Chair.of the Finance.Committee,John
Clavin of Green Street,Kathy Comins of High,Road'and Gayle Cutter of Coleman Road
were appointed to complete the Finance Committee as moved by-Selectman Doyle,
seconded by Selectman Adams and voted unanimously.
After a brief discussion,the followin&persons were appointed to the Citizens Solid
Waste Advisory Committee as moved by Selectman Adams and seconded by Selectman
Joy. Selectman Doyle voted against not appointing all previous participants.
Abby Gindele-Hay Street
Paul Daubitz-Annapolis Way West
Dan Streeter-Boston Road
Jim Gormley-High Road
Bob Walton-Anchor Way
Dave Taylor-Main Street
Selectman Doyle noted he would have no problem.adding two additional persons but did
not like to see the group divided.
The following persons were appointed to the newly organized Beach Committee as
moved by Selectman Doyle, seconded by Selectman.Adams and voted unanimously:
Gingie Tuthill-Fordham Way
Linda Wood-l0'h Street
Michael O'Hara-10 Street
Jerrard Whitten-Northern Blvd:
Martin Saradjian-Fordham.waye .
Wendy Hendrickson 28",Street
Paul Ivaska-Fordham Way
It was moved by Selectman Doyle and seconded.by.Selectman.Adams to allow the
Recreation Committee to bid the remainder of the Central Street fields and.parking lot
using only the balance of the available funds dedicated for this project
On an invitation from the CSWAC, Pat Corcoran of Corcoran Environmental Services of
W. Kennebunk, ME, gave a brief over view of his company and ways they may be able to
aid the town with recycling plans and.cost savings at the transfer station. CES is a full
disclosure recycling broker which currently.markets recyclables throughout the
Northeast. Mr. Corcoran fielded questions from the audience and advised that his
company would be interested in issuing a RFP when our transfer station project is put out
to bid. Mr. Corcoran was thanked for his time and presentation.,. Selectman Doyle and
the CSWAC will pursue some of Mr..Corcoran's suggestions.
Two letters of complaint from Bill Christy of 0 Street regarding construction at 12-e
Street were read by Chairman Joy.. Mr.-Christy also presented the Selectmen with a
petition asking for the issuance of a cease and,desist order on this building. Alex
Hasapis, former member of the ZBA, also addressed the Board regarding the non-
compliance of this project. Doug Packer, Conservation Agent, agreed that the building
did not conform to the order of conditions issued and at this time the owners had asked to
make the building watertight,no windows to be installed and no shingles. They had also
f SELECTMEN'S MEETING
SEPTEMBER 10, 2002
Chairman Joy opened the meeting at 7:05 p.m Selectmen Alan I. Adams and Michael
Doyle were present. The minutes of the August 27t' meeting were read and accepted as
moved by Selectman Doyle and seconded by Selectman Adams.
Two one-day special permits for the sale of alcoholic beverages were approved for
Protection Fire Co. #2 for September 28 and October 3 from 6 to 11 p.m. for functions in
the Firemens Memorial Hall.
A request from S.P.N.E.A. to hang a banner on the back-stop of the Upper Green to
advertise their Family Harvest Festival at the Spencer-Pierce-Little Farm was approved
as moved by Selectman Doyle and seconded by Selectman Adams.
On the recommendation of Kevin Blanchette, Chair of the Finance Committee, John
Clavin of Green Street, Kathy Comins of High Road and Gayle Cutter of Coleman Road
were appointed to complete the Finance Committee as moved by Selectman Doyle,
seconded by Selectman Adams and voted unanimously.
After a brief discussion,the following persons were appointed to the Citizens Solid
Waste Advisory Committee as moved by Selectman Adams and seconded by Selectman
Joy. Selectman Doyle voted-no.
Abby Gindele-Hay Street
Paul Daubitz-Annapolis Way West
Dan Streeter-Boston Road
Jim Gormley-High Road
Bob Walton-Anchor Way
Dave Taylor-Main Street
Selectman Doyle noted he would have no problem adding two additional persons but did
not like to see the group divided.
The following persons were appointed to the newly organized Beach Committee as
moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously:
Gingie Tuthill-Fordham Way
Linda Wood-IOth Street
Michael O'Hara-14t" Street
Jerrard Whitten-Northern Blvd.
Martin Saradjian-Fordham Way
Wendy Hendrickson-28th Street
Paul Ivaska-Fordham Way
It was moved by Selectman Doyle and seconded by Selectman Adams to allow the
Recreation Committee to bid the remainder of the Central Street fields and parking lot
using only the balance of the available funds dedicated for this project
f
On an invitation from the CSWAC, Pat Corcoran of Corcoran Environmental Services of
W. Kennebunk, ME, gave a brief over view of his company and ways they may be able to
aid the town with recycling plans and cost savings at the transfer station. CES is a full
disclosure recycling broker which currently markets recyclables throughout the
Northeast. Mr. Corcoran fielded questions from the audience and advised that his
company would be interested in issuing a RFP when our transfer station project is put out
to bid. Mr. Corcoran was thanked for his time and presentation. Selectman Doyle and
the CSWAC will pursue some of Mr. Corcoran!s suggestions.
Two letters of complaint from Bill Christy of 4 h Street regarding construction at 12-0b
Street were read by Chairman Joy. Mr. Christy also presented the Selectmen with a
petition asking for the issuance of a cease and desist order on this building. Alex
Hasapis, former member of the ZBA, also addressed the Board regarding the non-
compliance of this project. Doug Packer, Conservation Agent, agreed that the building
did not conform to the order of conditions issued and at this time the owners had asked to
make the building watertight, no windows to be installed and no shingles. They had also
agreed to come back before the Conservation Commission to amend their order of
conditions if possible. At that time all abutters and the owners will be allowed to give
evidence and appeals can be made when a decision is reached by the Commission, he
advised. After a brief discussion,the Board asked Mr. Packer to immediately issue a
revised enforcement order for a cease and desist on any further building but allowing the
roof to be tarped to prevent damage from the weather. Mr. Packer will serve the owners
tomorrow and also give a copy to the Police.
A proclamation for United Nations Day was approved as moved by Selectman Doyle and
seconded by Selectman Adams. It will be forwarded to the United Nations Association
of Greater Boston for their festivities on October 24"'.
Selectman Joy advised that Mr. Fowler of the Newburyport City Council had suggested a
joint meeting between the Selectmen and the City Council for the purpose of discussing
betterments. Mr. Fowler will ask the Council to set a date for such a meeting and advise
the Board of time and place.
Treasurer Jim Cashman spoke briefly on revolving funds and special accounts as ways to
subsidize the BOH account for transfer station expenses. He also presented the Board
with a reconciliation of landfill expenditures for their review. Mr. Cashman was thanked
for his input.
A letter of resignation from Tim Haynes from Protection Fire Co. #2 was accepted with
regret as moved by Selectman Doyle and seconded by SelectmanAdams. An
acknowledgement will be sent to Mr. Haynes for his years of service.
On the recommendation of Chief William Pearson, Scott Merenzi of Longbrook Road
was appointed to replace Mr. Haynes as moved by Selectman Adams and seconded by
Selectman Doyle.
On the recommendation of Police Chief Roger Merry, George Bulgaris was appointed as
full time civilian dispatcher and Andrew W. Cote was appointed as part time civilian
dispatcher as moved by Selectman Adams and seconded by Selectman Doyle.
It was moved by Selectman Adams and seconded by Selectman Doyle to sign an ongoing
cooperative agreement with the federal and state government to allow the Newbury Fire
Department to participate in a program allowing them to obtain surplus equipment for use
in fire suppression at no cost to the town.
Greg Szumowski advised that the Trustees of Old Town Hill have proposed building a 6-
8 car parking lot past the gate entrance to accommodate people interested in using the
area with safe parking. Plans will be submitted to the Selectmen when completed. The
Board agreed that it was a good idea and asked to be kept informed.
Mr. Garand asked about answers to his questions on roadwork. He was advised that it
was in the works and he would receive the information he requested but it would not be
debated at a Selectmen's meeting.
The meeting was adjourned as moved by Selectmen Adams and seconded by Selectman
Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
283
agreed to come back before the Conservation Commission to amend their order of
conditions if possible. At that time all abutters and the owners will be allowed to give
evidence and appeals can be made when a decision is reached by the Commission,he
advised. After a brief discussion,the Board asked Mr. Packer to immediately issue a
revised enforcement order for a cease and desist on any further building but allowing the
roof to be tarped to prevent damage from the weather. :Mr. Packer will serve the owners
tomorrow and also give a copy to the Police.
A proclamation for United Nations Day."a approved as moved by Selectman Doyle and
seconded by Selectman Adams. It will be forwarded to the United Nations Association
of Greater Boston for their festivities on October 20.
Selectman Joy advised that Mr.,Fowler of the Newburyport City Council had.suggested a
joint meeting between the Selectmen and the City Council for the purpose of discussing
betterments. Mr. Fowler will ask.the Council to set a date for such a meeting and advise
the Board of time and place.
Treasurer Jim Cashman spoke briefly on revolving funds and special accounts as ways to
subsidize the BOH account for transfer,station expenses.-He also presented the Board
with a reconciliation of landfill expenditures-for their review.-Mr. Cashman was thanked
for his input.
A letter of resignation from Tim Haynes from Protection Fire Co.#2 was accepted with
regret as moved by Selectman Doyle and seconded by SelectmanAdams. An
acknowledgement will be sent to Mr. Haynes for his years of service.
On the recommendation of Chief William Pearson, Scott Merenzi of Longbrook Road
was appointed to replace Mr-Haynes as moved by,SelectmanAdams and seconded by
Selectman Doyle.
On the recommendation of Police Chief Roger Merry, George Bulgaris was appointed as
full time civilian dispatcher and Andrew W. Cote was appointed as part time civilian
dispatcher as moved by Selectman Adams and seconded by Selectman Doyle.
It was moved by Selectman Adams and seconded by Selectman Doyle to sign an ongoing
cooperative agreement with the federal and state government to allow the Newbury Fire
Department to participate in a program allowing them to obtain surplus equipment for use
in fire suppression at no cost to the town.
Greg Szumowski advised that the Trustees of Old Town Hill have proposed building a 6
8 car parking lot past the gate entrance to accommodate people interested in using the
area with safe parking. Plans will be submitted to the Selectmen when completed The
Board agreed that it was a good idea and asked to be kept informed.
Mr. Garand asked about answers to his questions on roadwork. He was advised that it
was in the works and he would receive the information he requested but it would not be
debated at a Selectmen's meeting.
The meeting was adjourned'as moved by Selectmen Adams and seconded by Selectman
Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
=285
SELECTMEN'S MEETING
SEPTEMBER 24,2002
Chairman Joy opened the meeting at 7:00 p.m. Selectman Michael Doyle was present.
The minutes of the September 10'h meeting were read and the fifth paragraph amended to
read "Selectman Doyle voted against not appointing all previous participants". The
minutes were accepted with this amendment as moved by Selectman Doyle and seconded
by Chairman Joy.
Chairman Joy advised that an invitation to meet with the Newburyport Councilors to
discuss betterments was still pending. Due to the Council's heavy schedule, a date has
not yet been set.
Alba Gouldthorpe Chair of the BOH reported all was going well and she had nothing to
bring to the table at this time.
Charles Bashaw Chair of the Oldtown Water District reported on the 9/18 meeting with
the Newburyport Water Commissioners and their discussion of water rights/supply and
eminent domain. A second meeting has been scheduled for October 15'', 7 p.m. at the
Newbury Elementary School to further discuss this matter and the wording of IMA
Abby Gindele of the CSWAC reported briefly on their past meeting. Some of the items
being investigated are new rules for the transfer station, Waste Management contract,
possible ADA funding for senior citizens or physically impaired citizens, putting the
Town in the trash pick-up business and committee name change. The committee will
also be checking to see if the Town may be eligible for recycling grant funds. Ms.
Gindele was thanked for her report.
Harbormaster Glenn Gavin addressed the Board regarding.fees for the 2003 boating
season. Two changes were proposed to the 2002 fees-the addition of a commercial float
and mooring dock fee @$100 per float per season and the reduction of the commercial
ramp fee to $300 per season. The fees and a percentage of the excise tax collected are
used to support the department's budget through a revolving fund. Clayton Crabtree of
Jocelyn Marine argued that the commercial ramp fee was still excessive for the size of
the estuary and submitted a compiled list of fees from other towns. Several of Mr.
Crabtree's customers argued in support of a lower commercial fee. Mr. Crabtree also
asserted that his commercial launchings did not abuse the town ramp. It was-moved by
Selectman Doyle and seconded by Chairman Joy to continue a decision on the fees until
Selectman Adams, liaison to the Harbormaster Department,is present and has reviewed
the proposals. The Board and the Harbormaster will also look at the possibility of a per
launch fee.
Bob Finneran introduced himself to the Board and the citizens. He stated he is running
for the office of Representative of the 2°a Essex District and he addressed his position on
several of the issues in this campaign. He thanked the voters for their support in the
primary election and expressed his hope they would continue to support him in the
November election:
On the recommendation of Chief Merry, Jeanne McClung was appointed as a full time
civilian dispatcher for the Police Department as moved by Selectman Doyle and
seconded by Chairman Joy.
A letter from the Planning Board regarding possible amendments to the zoning by-laws
was read. It was moved by Selectman Doyle and seconded by Chairman Joy to refer
these proposals back to the Planning Board for public hearings in November and
December.
The meeting was adjourned at 8:10 p.m. as moved by Selectman Doyle and seconded by
Chairman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
287
SELECTMEN'S MEETING
OCTOBER 8,2002
The meeting was called to order at 7 p.m. by Chair Richard Joy. Selectmen Alan I.
Adams and Michael Doyle were present. The minutes of the September 24, 2002
meeting were accepted as read by the.Board.
George Gustafson,newly hired Project Coordinator for the P.I. Water/Sewer Project,
introduced himself to the Board. A copy of his contract will be distributed to the
Selectmen for their review and signatures. Brendan O'Reagan,past coordinator,
expressed his thanks to the Board for the opportunity to work on the project and stated he
was always available for questions from the Board or from George.
At 7:05 p.m. the legal notice for a pole hearing for Mass Electric &Verizon plan#667,
dated 8/19/02 to erect one pole#77/2-1 on Fairview Avenue was read by Chairman Joy.
George Ameen representing Mass Electric advised the pole would be in the vicinity of
#1 Fairview Ave. It was moved by Selectman Doyle and seconded by Selectman Joy to
approve the plan as submitted. Selectman Adams recused himself due to a possible
conflict.
It was moved by Selectman Doyle and seconded by Selectman Adams to approve a
request from United Utility Corp.to open and excavate the road at#15 Parker River
Drive for the purpose of upgrading the underground cable service.
A request for a one-day special permit for the sale of alcoholic beverages for an
American Cancer Society benefit on October 26`"7p.m. to 12:30 a.m. at PITA Hall was
approved as moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously.
James Gormley addressed the Board regarding the dismissal of a potential leachate fraud
case. He presented a letter along with charts to the Board. It was moved by Selectman
Doyle and seconded by Selectman Joy to have McGregor&Associates review this
information and advise the Board of their findings. Selectman Adams voted present.
Barbara Harrington explored some ideas for possible uses of the Woodbridge School;
including a pre-school or child care facility. Chairman Joy noted that costs to bring the
building up to code could be over$500,000. Ms. Harrington stated she was looking at
any possibilities, but as a non-profit company would not be interested in the purchase of.
the property and would be looking for funding sources.-She was thanked for her interest
and agreed to stay in touch.
Lease agreements with Seabrook Station for their siren pole locations were reviewed and
signed by the Selectmen.
The Citizens Solid Waste Advisory Committee had no report but will have a report for
the next meeting.
Wendy Hendrickson of the Beach Committee reported on their first meeting. With
encouragement from the Conservation Commission they had looked at restoring the
public beach area by fencing off the dunes, establishing a walkway and planting dune
grass as their first project. Doug Packer of the Conservation Commission advised there
were funds available for conservation projects such as dune grass planting. It was moved
by Selectman Doyle, seconded by Selectman Adams and voted unanimously to move
forward with this project. Ms. Hendrickson was thanked for her report.
An amendment to the Zoning Bylaw to add an associate member to the Planning Board
was approved and sent back to the Planning Board,for public hearings in November and
December 2002 as moved by Selectman Doyle, seconded by Selectman Adams and voted.
unanimously.
On the recommendation of Chief Merry,Dani Michalek was appointed as full time
civilian dispatcher for the Police Department as moved by Selectman Adams, seconded
by Selectman Doyle and voted unanimously.
289
Plans for exterior repair and painting of the Yellow School building in Byfield, submitted
by the Yellow School Center for the Arts,were reviewed and the project accepted as
presented as moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously.
Harbormaster fees were again discussed and it was the decision of the Board that they
were in line with the other towns. Selectman Adams suggested the addition of a$25 per
launch commercial fee. This will enable any commercial hauler to put one or a few boats
into the river without paying the full$300 commercial ramp fee,thereby giving people an
option. It was moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously to approve the fees as presented with the addition of"commercial ramp use-
$25 per launch.
On the recommendation of Zoning Board of Appeals Chair, Evelyn Noyes, Dan Gurlitz
was appointed as full time member to replace Alex Hasapis as moved by Selectman
Doyle, seconded by Selectman Adams and voted unanimously.
The meeting was adjourned at 8 p.m. as moved by Selectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
OCTOBER 18, 2002
Chair Richard Joy opened the meeting at 10:15 a.m. Selectman Doyle was present.
Tim Leonard had addressed the replacement of the fence along the Old Pine Island side
of the DPW complex. For public safety he recommends a six foot chain link fence be put
in place to enable his truck drivers to see traffic coming and going on the street. Tim will
attend the next Selectmen's meeting with his proposal.
Due to the cap and closure project at the landfill, it has become necessary to stop
accepting grass clippings and leaves..It was moved by Selectman Doyle and seconded by
Selectman Joy to approve this closing effective November 4,,.2002. A notice will be
placed in the News and notices posted at the landfill.
The Board briefly discussed the October 15''meeting with the Oldtown and Newburyport
Water Commissioners and the establishment of a search committee for water sources.
Selectman Joy suggested two members from each water district and one alternate from
each district be considered for the committee. A proposed time schedule for the election
of Oldtown Water Commissioners was reviewed. The Selectmen will call for an election
to be held on January 5a'at the meeting of October 22nd. Selectman Doyle suggested
inviting the Byfield Water Commissioners to a Selectmen's meeting to discuss water
rights and to ask for their aid in getting this commission up and runnning.
Selectman Doyle addressed Counsel's opinion letter regarding the CSWAC and he will
ask the board on the 22nd to increase the committee from six to eight members.
The meeting was adjourned at 10:40 a.m. as moved by Selectman Doyle and seconded by
Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
James Lagoulis.
Newbury Town Counsel
79 State Street
Newburyport, Massachusetts 01950-6617
Tel: (978) 462-7434 Fax: (978) 462-2475
October 8, 2002
Board of Selectmen
Town Hall
25 High Road
Newbury, MA 01951
Re: Status of Solid Waste Advisory Committee.
Dear Mr. Chairman and Members of the Board,
You have asked me for an opinion as to the legal status of the Solid Waste
Advisory Committee and the members appointed thereto.
I have examined the minutes of meetings of the Newbury Board of Selectmen,
beginning with June 12, 2001 and ending with September 10, 2002. These minutes
have been accepted by the board, and to my knowledge,are the only minutes related
to the question at hand. Based on,the.record as reflected in these minutes, l find as
follows.
Originally, a group of citizens banded together to form an ad hoc committee for
the purpose of monitoring operations at the landfill and recommending actions to be
taken relative to the landfill's future. This committee had no official standing as a
committee of the Town.
There are general references in the Selectmens' Minutes to a citizens committee
dealing with the landfill and`solid waste beginning with the June 12, 2001 Minutes.
Several individuals are named as possible committee members and others are
identified as representing the committee in the Minutes. However no vote was taken to
establish the committee, or appoint any of these people to the committee.
The Minutes of July 23, 2002 identify the committee as the "Citizens Solid Waste
Advisory Committee" (hereinafter, the "CSWAC") and state that Selectman Adams
questioned the validity of the CSWAC because"they have never been officially
appointed". Late in the same meeting the Selectmen unanimously voted to "accept the
committee". The minutes do not recite the names of any members of the CSWAC. An
audiotape of the meeting shows that there were no names offered for membership on
the CSWAC.
1
f`+
T T
s The Minutes of the August 27, 2002 meeting state that the."CSWAC
appointments will be made at the September 10t' meeting."
' The Minutes of the September 10i 2002 meeting state that "the following
persons were appointed to the Citizens Solid Waste Advisory Committee" followed by
the names of 6 individuals. The Minutes state that Selectman Doyle "voted against not
appointing all previous participants." "Selectman Doyle noted that he would have no
problem adding two additional persons, but did not like to see,the group divided."
The above records show that the Selectmen voted to "accept" the CSWAC at the
July 23, 2002 meeting, but that no individuals were named as members. The first
members specifically appointed by name were appointed at the September 10, 2002
meeting.
Authority of the Selectmen: Since Newbury has no charter it is under the traditional
form of town government. The Selectmen's authority is limited by the Mass.
Constitution, statutes and town by-laws. There is no constitutional, statutory or by-law_
provision which prohibits the Board of Selectmen from appointing a solid waste
advisory committee (hereinafter"Town Committee"). Therefore, I conclude that the
Selectmen have the authority to create such an advisory committee. Likewise, since
there are no constitutional, statutory or by-law provisions relating to membership on a
solid waste advisory committee, the existence of the Town Committee, and the terms of
its members are at the pleasure of the Board of Selectmen. Cf. , G.L. c. 41, §§1, 23C.
G.L. c. 41, §23C provides: "No person shall be authorized
by vote of a townto-act on behalf of the board of selectmen
unless the vote provides that such person shall be
appointed and may be removed by said board."
Based on the foregoing, I conclude that the Board of Selectmen has the
authority,to create ad hoc advisory committees, and appoint, add, or remove members
at there pleasure. Advisory committees, themselves, are created at the pleasure of the
Selectmen and may be disbanded or abolished by a majority vote of the Selectmen at
any meeting.
Please advise if you have any further questions.
Yours tr, y,
iJames a 6ulis
wp71Nby1BOh\Solid waste opinionmpd ':'
+ 291
SELECTMEN'S MEETING '
OCTOBER 22, 2002
Chairman Joy opened the meeting at 7.p.m. Selectmen Alan I. Adams and Michael
Doyle were present. The minutes of the October 8,2002 meeting were accepted as read
as moved by Selectman Doyle and seconded by Selectman Adams. The minutes of the
October 18,2002 meeting were accepted as read as moved by Selectman Doyle and
seconded by Selectman Joy.
The warrant for the State Election November 5a'was signed by the Selectmen and will be
posted by a Constable.
A request for use of the Upper Green by Cub Scout Pack 944 on Saturday, October 26 h
for their annual Fall can&bottle drive was approved as moved by Selectman Adams,
seconded by Selectman Doyle and.voted unanimously. A request for use of the upper
Green by Cub Scout Pack#44 on Monday,,November 110' for a Veterans appreciation
ceremony was approved as moved by,,Selectma&Adams, seconded by Selectman Doyle
and voted unanimously.
A new license for Louis Garuti d/b/a'Express Auto @ 61,Main Street,Byfield was
approved as moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously. The hours of operation are to,be Monday-Friday 8 a.m. to p.m. and
Saturday 8 a.m.to 3 p.m.
Abby Gindele of the Citizens Solid.Waste Advisory Committee briefly reported on their
visit to four transfer stations in Maine. She also.addressed three areas of safety concerns
at the existing Newbury transfer station- 1).possibility of blocking off the dumpster area
when the backhoe is in use and moving the backhoe when not in use, 2)using one of the
MOR's for paper in place of the walk in container, 3)implementing an alternative method
of glass recycling and the use of a MOR for this product. These three items will be
addressed with Mr. Leonard. The committee is still looking into prices for curbside pick
.up and transfer station construction and running.costs; she noted. Ms. Gindele was
thanked for her input.
The Selectmen called for an election of the O.ldtown Water.Commissioners. The election
will be held on Saturday,January 5 2003 (corrected to be Saturday,January 0) from 8
a.m.to 12 noon. .Positions open are Commissioners for 3 years, 2 years and 1 year,
Treasurer for 1 year and Clerk for•1 year. Nomination papers are available in the office
of the Town Clerk. Selectman Doyle noted that the:Town!s voting district is not
necessarily the Oldtown Water District and•the,boundaries.will have to be delineated with
the Town Clerk's aid.
The replacement of a fence along the Did Pine1sland Road side of the DPW complex
was addressed and open to public comment.-Janet,Bleicken of 29 Old Pine Island Road
presented the board with a list of comments from neighbors and several scenarios of how
fencing might be addressed.' Tim Leonard is concernedwith the safety,and security of his
men and equipment. The residents are concerned with their property,values as well as
safety. Chain link vs. solid fencing,,re-routing the trucks, a stop sign at the end of the
fence and lane markings were some of the proposals discussed. .Chairman Joy noted that
now that this has become a public,issue.we have to,move quickly to implement.repairs
that address the safety of the area. Selectman Doyle.moved to continue a decision for a
maximum of two weeks in order to hold a site,visit and look into the implementation of
some of the resident's suggestions, seconded by Selectman Adams and voted
unanimously.
Mr. Leonard advised that due to the cap&closure project at the landfill, grass clippings
aid leaves will no longer be accepted`.effective November 4"'.
A schematic of the proposd improvements for a"pull-off'parking area for Old Town Hill
along Newman Road was approved as submitted as moved by Selectman Doyle and
seconded by Selectman Adams. Initial work on this site will begin with the Trustees
°d
statewide volunteer workday on Saturday,November 2 . . .:.
2.93
On the recommendation of Chairman Joy, Dave Mountain and Joseph Story were
appointed as Newbury members of a'water search committee', as moved by Selectman
Adams and seconded by Selectman Doyle. Newburyport,will also appoint two members
to this committee.
On the recommendation of COA Director Alix McArdle, Karen Watson was appointed as
a member of the COA Board of Directors as moved by Selectman Adams and seconded
by Selectman Doyle ,
Selectman Doyle addressed an opinion of Counsel regarding the recent appointments to
the CSWAC. He moved to increase.the committee-to eight members. There being no
second,the motion was defeated: :.
The meeting was adjourned at 8:10 p.m. as moved by,Selectman Adams and seconded by
Selectman Doyle.
respectfully submitted,
Kathleen Sirois, Secretary x '
Wl
SELECTMEN'S MEETING
NOVEMBER 12, 2002
Chairman Joy opened the meeting at 710 p.m. Selectmen Alan I. Adams and Michael
Doyle were present. The minutes-of the October 22"d meeting were accepted as read as
moved by Selectman Doyle and seconded by Selectman Adams.
fi
A renewal for common victualer';milk and Sunday licenses was approved for the Village.
Pub/Diner in Byfield as moved by Selectman Adams and seconded by Selectman Doyle.
A request for a permit from Keyspan to open and excavate the roadway at 1 Elm Street to
install a new gas service was granted as moved by Selectman Doyle and seconded by'
Selectman Adams subject to.the approval of Tim Leonard.
Selectman Doyle reported on the site meeting at the DPW complex regarding a new
fence. He noted that with the new setbacks established it,was unanimously decided that a
picket fence would be agreeable to everyone.,- A mirror will also be installed on the south
side of the road on one of the light poles,and possibly in the future one light pole may be..
moved back from the road. Selectman Doyle moved to have'a picket fence installed prior
to the onset of winter, seconded by Selectman-Adams and voted unanimously.'.A petition
signed by the neighbors attesting to this solution was presented to the board.
Mass Highway will hold a public-hearing on November 21"at.6:30 p.m. at the.Newbury .
Town Hall to present plans for the replacement of the Hay Street Bridge over the Little
River.
Abby Gindele of the Citizens Solid':Wasto Committee reported on estimated figures
submitted by Corcoran Environmental Services for the operation of the town recycling.
An outline of proposed costs and revenues from CES was presented to the board for their
review. A list of engineers for the design.of a transfer station was also.given to the
CSWAC by Mr. Corcoran and-he noted that he would also.like to submit a quote for the
design.even though he would have to sub contract the civil engineering. Ms. Gindele
advised that the committee was working on numbers for curbside pick-up vs. numbers for
a transfer station in order to present viable options to the residents at the hearings. Ms.
Gindele was thanked.for a great report.
A letter from Vivienne:Metcalfregarding'a'grant from the Newbury Arts Council and use
of the.Upper Green Pond next summer was reviewed. It was`Moved by Selectman
Adams and seconded by Selectman Doyle to have Mrs. Metcalf accept the grant and
allow her the use of the pond when needed..
2 9,5
The meeting was recessed at 7:25 p.m. At 7:35 p.m. the meeting was reconvened and in
accordance with Chapter 369 of the Acts of 1982 a public,hearing was held on the
determination of the percentage of tax levy to be borne by each class of real property for
fiscal year 2003. Bud Kelley, Chair of the Board of Assessors recommended that a single
tax rate.be implemented as the shares of total tax levy are made up of 95.4%residential,
3%commercial, .29%industrial; 1.41%personal property and 0% open space. There
being no questions, it was nmoved by Selectman Doyle, seconded by Selectman Adams
and voted unanimously to accept the Assessors recommendation of a single tax rate. The
hearing was closed and the meeting adjourned at 7:38 p.m. as moved by Selectman Doyle
and seconded by Selectman Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
NOVEMBER 26, 2002
Chairman Joy opened the meeting at 7:05 p.m. Selectmen Alan I. Adams and Michael Doyle
were present. The minutes of the November 12t`meeting were accepted as read as moved by
Selectman Doyle, seconded by Selectman Adam's and voted unanimously. .
A hearing date of December 10, 2002 at 7 p.m.at the Newbury Town Hall was set for the
Newbury Butchery on their application for a wine and malt beverage.license, as moved by
Selectman Adams, seconded by Selectman Doyle and voted unanimously.
Friday,November 20, the Town Hall will be closed as an extension of the Thanksgiving
holiday, as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously.
Christmas on the Green has been scheduled for Sunday, December 8`t`beginning at 3 p.m.
Michael Roy, Chair of the Committee, was granted permission to request help with installing and
checking the lights on the tree from the Highway Department and the Fire Department.
It was moved by Selectman Adams and seconded by Selectman Joy to accept the revised "special
act for water and sewer service to Plum Island" with the eminent domain clause removed and to
forward same to Representative Stanley's office to be filed with the Legislature by December 4,
2002. The motion was voted favorably by Selectmen Adams and Joy and Selectman Doyle
voted present:
Notice was given that the Board of Health will hold a public hearing on Thursday, December 12,
2002 at 7 p.m. at the Firemen's Memorial Hall on Morgan Avenue for the site assignment of the
transfer station.
A one day special permit for the sale of alcoholic beverages was granted to Diane Gage,
Promotional Event Manager for Pine Island Resource for a concert and dance at the Byfield
Grange Hall on Sunday, December 15, 2002 from 6 to 10 p.m., as moved by Selectman Adams,
seconded by Selectman Doyle and voted unanimously.
Under new business, Selectman Doyle advised he had spoken with Attorney McGregor and three , ..
issues were discussed. 1)Atty. McGregor requested a letter from the Board stating who is to be
lead counsel for the JRM hearings. 2) He advised that the.Selectman should be pro-active and
document the reasons why the Newburyport Turnpike site is not a suitable location for JRM: 3) '
Any change orders`-from the cap &close project (Littleton Environmental Services) at thelandfill
should be filed with the DA's office for their suit against Pearson. Atty. McGregor also doted he
had been contacted by one of the Oldtown Water Commissioners and he would=like to.know if
he should be involved with them. It was agreed by the Board that a meetinw will be scheduled
for December.17'h, if possible,with McGregor and Lagoulis to discuss ti,,-s- issues.
The meeting was adjourned at 7:18 p.m. as moved bySelectman Adams and seconded by
Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
297
SELECTMEN'S MEETING
DECEMBER 10, 2002
Chairman Joy opened the meeting at 7 p.m. Selectmen Alan I. Adams and Michael
Doyle were present. The public hearing on the Newbury Butchery's application for a
wine and malt beverage license was opened and the legal notice was read by Chairman
Joy. Selectman Doyle recused himself from the hearing as he is an abutter to this
property. Speaking against the application was Leslie Doyle of 6 Morgan Avenue. She
read a letter which she had forwarded to the Selectmen citing the number of licensed
establishments in the general area, and concerns about public safety,parking and the
possibility of under age purchasers. Norm Wilson of the Butchery stated that they were
an established retail store primarily for meats with a deli and produce section as well as
some prepared foods. Their main focus will be on meats and prepared foods with a small
selection of wine and beer to compliment these product for the convenience of their
customers. They have tentative plans in place to institute policies for the handling and
sales of these beverages and plan to have their sales staff trained through the programs
available for license holders. The store hours would not change and their intent was to
remain as a good neighbor. Alba Gouldthorpe of Plum Island spoke in favor of the
applicant. She felt the addition of wine and beer would improve the store and she noted
that the number of licensed establishments in close proximity on Plum Island did not
seem to take business away from any one. Selectman Adams questioned the number of
parking spaces at the store. Mr. Wilson replied ten and during peak summer season we
have used some space across the street. Abby Gindele of Hay Street asked if the license
could be bought and sold with the business and she was advised that it could be
transferred. Selectman Adams asked'if any of their other stores held a liquor,license and
they do not. There being no further discussion, Selectman Adams moved to close the
hearing and take the matter under advisement, seconded by Selectman Joy. The hearing
was reopened and Selectman Adams moved to deny the application due to concerns
about public safety, parking and the proximity of the store to public buildings. The
motion to deny was seconded by Selectman Joy who cited location, limited parking and
the number of other liquor establishments within a mile. The motion to deny was voted
by Selectmen Joy and Adams. The hearing was closed at 7:15 p.m.
The minutes of the November 20h meeting were read and accepted as moved by
Selectman Adams, seconded by Selectman Doyle and voted unanimously.
On the recommendation of Alix McArdle, Director of the COA, Lois Anderson,.Susan
Corl and Stephen Wetherbee were appointed to the COA Board of Directors as moved by
Selectmen Adams, seconded by Selectman Doyle and voted unanimously.
It was moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously to close Town Hall on Tuesday 12/24, Wednesday 12/25 and Thursday
12/26. Town Hall will be open on Friday, 12/27 from 7:30 a.m. to 3:30 p.m.
Dave Roberts of Roberts Funeral Home was appointed as an Asst. BOH agent for burial
permits only as moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously.
Liquor license renewals were approved for the following establishments as moved by
Selectman Doyle, seconded by Selectman Adams and voted unanimously:-Village
Diner/Pub, Oldtown Country Club, Corner Cupboard, D&J Liquors, PJ's, Dick's Variety,
Mr. Moe's, Byfield General Store, Atty. May's Beachcomber,Newbury Convenience,
J.R.'s 19th Hole, and the Plum Island Grille.
Amendment#5 to Camp Dresser&McKee's contract for engineering services for the
Plum Island Project was approved and signed by the Selectmen.
On the recommendation of Chief Merry, Scott Laffey was appointed as a part time
reserve officer as moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously.
A letter from the Attorney General regarding the handicap accessibility of the Town Hall
bathrooms was briefly discussed. The building inspector will be asked to recommend
changes needed and to move ahead with completing this project.
299
Abby Gindele addressed the Board on behalf of the Citizens Solid Waste Advisory
Committee regarding proposals from.Mello and Corcoran to take over recycling at the
landfill. Selectman Doyle suggested that the change be made asap. Selectman Adams
asked that the BOH and the CSWAC make a recommendation in writing to the Selectman
for their approval. Alba Gouldthorpe, Chair of the BOH, advised she would like to
interview Mello, possibly at the next BOH meeting 12/23, prior to making a
recommendation.
License renewals for general business licenses were approved for the following
establishments as moved by Selectman Doyle and seconded by Selectman Adams:-
(Class II) Highline Auto,US #1 Auto/Marine, Special Interest Autos of Newburyport.
(General Business) A Newbury Setting, Poor Richard's Barn, Ginny Moore's Parking Lot,
Wheelhouse Parking, Williamson Parking Lot, Plum Island Enterprises, Mr. Moe's,
Newbury Butchery,Newbury Convenience Store, Adelynrood Conference&Retreat
Center, Byfield General Store, The Quilted Acorn Shoppe, Volpone Towing, Riverfront
Marine Sports, Bill's Auto Repair, B.D. Automotive, Pearson Hardware, Diamond
Marine, Fernald's Marine, A.L. Prime Energy, Steve's Service, Olde Newbury Boat Co.
Parker River Trading Post,Josette's Adz&Loom, Flukes &Finds, Milestone 35, Bird's
Nest, F.Thurlow Brown Books, Colonial Coiffures,Sadie's for Hair, Longfellow Hill
Beauty Shop, Surfland Bait&Tackle, and Karen's Dog Grooming of P.I. Selectman
Adams abstained from the vote on the license for A Newbury Setting and Selectman Joy
abstained from the vote on the license for Poor Richard's Barn.
The meeting was adjourned at 7:45 p.m. as moved by Selectmen Doyle, seconded by
Selectman Adams and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
-JANUARY 14, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Alan I. Adams and Michael
Doyle were present.
The minutes of the December 101h meeting were read and accepted as moved by
Selectman Adams, seconded by Selectman Doyle and voted unanimously.
It was moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously to appoint Barbara Cohen as Town Accountant to replace Bernie
Halupowski. This appointment is for a 90 day probation period with a review at the end
of the 90 days to make the position permanent.
Bill Dow requested Richard Alberigi be appointed to the Recreation Committee as a
representative of the Little League. Following normal procedure, it was moved by
Selectman Adams and seconded by Selectman Doyle to take this appointment under
advisement until July 1"when yearly appointments are made. Mr. Dow advised that he
had discussed the possible removal of the basketball hoop at the Byfield Yellow School
with the Yellow School Committee and an agreement had been reached to retain a
basketball area at the school until such time as the Kent Way fields are developed.
Vivienne Metcalf asked to be removed from the agenda, as she had obtained answers to
her questions prior to the meeting.
Bob Finneran spoke briefly on the Chapter 40B affordable housing law and how it could
affect the Town of Newbury. He was thanked by the Board for his time and input.
SELECTMEN'S WORKSHOP
January 22, 2003
A workshop meeting was convened at 10:15 by the Board of Selectmen. In attendance
were Chris Koehler, CDM and CSWAC members Jim Gormley, Dave Taylor and Dan
Streeter. This meeting was called to discuss the site assignment and a schedule for
developing information on a new transfer station for town meeting in April.
Selectman Doyle questioned the schedule developed by CDM which shows construction
of the transfer station by November 2003. Chris Koehler of CDM noted it would depend
on when the process was started. If the RFQ is advertised on February 0, allow 2-3
weeks for responses and presentations. Select three or four for interviews, negotiate
contracts, review designs and estimate hard costs. Cost figures will be needed for town
meeting and no contracts can be entered into until the issue is voted at town meeting and
the override approved in April/May. Proposed design can be submitted to DEP for
approval which could take 60-90 days. When DEP approval is received project can go
out to bid, probably mid August. The earliest possible construction would be around the
I"of September. This is "best case scenario". Dave Taylor-that means we will not have
a design in place for town meeting. Chris K. - no you will have proposals The RFQ is
first and then proposals for presentation. Dick Joy- should they be able to tell us what
the costs of a design will be? Chris K. - yes, but the BOS should be sure to ask for
estimated costs based on what they want the transfer station to be. Dick Joy -the
approximate costs should be estimated on the proposals. There will be no design in
place. The Town must vote twice on the proposals, once at town meeting and once at the
ballot box. We will need a good estimate of costs once we pick a firm and start a design.
Chris K. - after the design is established, it will go out to bid and that will give you a firm
figure. You can bond for a certain figure and only use what is needed. Dan Streeter- do
you have an estimate on what the design will cost? Chris K. - $35-$50K depending on
what you ask for in your proposal. You need to give as much detail as possible, such as
do you want compactors,paving, roofed structures, a swap shop, etc., and ask for
itemized individual costs for each. Mike Doyle - knowing the site, is there an area for
yard waste. Chris K. -yes, if clean fill is placed in the pit area where the trailer now sits,
that area can be used for yard waste and composting. Recycling and yard waste do not
need a site assignment. MSW does need a site assignment. Jim Gormley - how about'
demolition material? Dick Joy- why would we want to take demolition material, except
as a service to the residents. We can send them to Georgetown and not offer this service.
Dan Streeter- some transfer stations have open topped containers and it appears to be
more effective than closed containers. Chris K. - recycling containers are usually
covered to keep water out. MSW containers must be covered. J. Gormley - if the area is
covered, could we have open containers? Chris K. -I don't think DEP will allow it. You
might not need to have compactors but closed containers keep the vermin and birds in
check.
A point of contact(contact person),the need for a project manager and the possibility of
funding the cost of design prior to FY04 were briefly discussed. Jim Cashman was asked
about finding funds this year and he noted that the "cookie jar is dry". Chris K. suggested
r,
that as long as the funding is in place for July I", you may be able to make arrangements
with the chosen firm to start the design work in May. Displays should be made available
from the firms as part of their proposals so that you will have something to show the
people at town meeting. Mike Doyle asked about Madelyn Morris and whether she could
enforce curbside pick up if the transfer station proposal fails. Chris suggested that this
decision should be left up to the town. Dan Streeter noted that figures for operation and
management of the transfer station would also be needed for town meeting. Jim Gormley
offered annual figures from a Nebraska transfer station which showed annual costs of
$160-$205K. Chris K. noted that these figures do not include tipping fees which would
be one of our major costs. Dan Streeter suggested that the BOS must decide how much
the town can commit for solid waste. Chris K. stated that if a RFP if issued the town
should include curbside pick up and the pay as you throw system. Dick Joy asked if this
operation should be solely supported by tax dollars or will there be offsets such as pay as
you throw which encourages recycling. The town can control the costs of a transfer
station and there is no control over curbside pick up costs, he stated. These and many
other questions need to be investigated prior to town meeting. We have a lot of work to
do. The meeting was adjourned at 11 a.m. as moved by Selectman Adams and seconded
by Selectman Doyle.
M
Selectman Doyle addressed the ongoing illegal activities at JRM's site and a police report o
submitted by Jim Gormley to the BOH at their December 23rd meeting. Mr. Doyle stated
he felt that if the BOH would not take action,the Selectmen should. Alba Gouldthorpe of
the BOH stated they were advised not to take any action while the case was in litigation.
She also stated she would appreciate it if in the future the whole board was approached
with questions or problems,preferably at a BOH meeting, and not individual members on
the street corner. The Board takes action as three members not individually, she noted.
Selectman Joy asked Mrs. Goudlthorpe if the BOH would like to be included in a
meeting with Counsel and she agreed the BOH should be included. Selectman Doyle
was asked to set up a meeting with Counsel a.s.a.p.
A workshop meeting with the BOS, BOH and CSWAC to discuss a new transfer station
will be arranged by Selectman Doyle. Time is passing quickly, he noted, and we need to
have information put together for the Town Meeting.
A one day special permit for the sale of alcoholic beverages was approved for Protection
Fire Co. #2 for Saturday, February Is'from 10 a.m. to 3 p.m. as moved by Selectman
Doyle and seconded by Selectman Adams. The fee was waived.
It was moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously to authorize the Recreation Committee to spend up to $3,500 to complete
the architectural drawings for the building at the Central Street fields.
Licenses renewals were reviewed and approved as moved by Selectman Doyle and
seconded by Selectman Adams for the following businesses:
General business=Candy L. Way,Leonard's Parking Lot, Corner Cupboard,
Express Auto, Schneller's Auto,Jack's Garage, Aries Sports&Bikery, Pert Lowell Co.,
Inc.,Noyes Citgo, Internal Combustion, Kym's Romp &Roll Doggie Playground, Stor-
U-Self Self Storage, Henry C. Becker, Reeves Automation, Precision Automotive
Restoration, Inc., Detailz Unlimited, Checkoway Oil Company, Tolman Automotive,
Wilco Marine Restorations, Mae Atkinson Antiques, Pheasant Meadow Farm, Ould
Newbury Golf Club, Plum Island Grille, Atty. May's Beachcomber, Bob's Lobster, Main
Street Mini Mart/D &J Liquors, P.J.'s, PITA Hall, Haven II, Deb's Place, Applied
Automotive Technology, AGJ Woodcrafting& Woodworking, Oulde Byfield Expo Tea
Room, Twelve Rogers Lane Antiques, High Tail Acres, Byfield Trading Company,
Norbeck Sterling, Mad Martha's, Tendercrop Farms, Village Diner/Pub, and.Dick's
Variety.
Class II &III - Olde Byfield Management & Supply Ltd., Angie's Service Station,
Corvette Center,Newbury Auto Sales &AEL Trailer Sales.
At 7:40 p.m. the meeting was adjourned as moved by,Selectmen Doyle and seconded by
Selectman Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JANUARY 28, 2003
The meeting was called to order by Chairman Richard Joy. Selectmen Alan.I. Adams
and Michael Doyle were present. The minutes of the January 14th meeting were read and
approved as moved by Selectman.Doyle and seconded by Selectman Adams.
A one-day special permit for the sale of alcoholic beverages was approved for Anna
Jaques Hospital Aid Association for Great Chefs Night at GDA on Friday, March 14th
from 6 p.m. to 12 midnight as moved by Selectman Doyle and seconded by Selectman
Adams.
A request from the Byfield/Newbury Little League for use of the Upper Green ball field
for practices on Monday, Wednesday and Friday evenings from 5 p.m. to dusk during the
months of April, May and June was approved as moved by Selectman Doyle, seconded
by Selectman Adams and voted unanimously. The Selectmen also approved use of the
Upper Green field on Saturday and Sunday afternoons from 12 noon to 5 p.m.for the
Little League.
3:0�3
A request from the Newbury Clammer's Softball Team for use of the Upper Green ball
field on Tuesday and Thursday evenings from 5:30 p.m. to dark April through September
was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously.
Robert Carleton of 284 High Road addressed the Board regarding the removal of a
restriction from his business license, which stated he was subject to periodic inspections
for zoning violations. He stated his suppliers look at his business as temporary due to
this restriction. The board agreed to the removal of the restriction as long as Mr. Carleton
agreed to abide by the bylaws pertaining to his home occupation. It was moved by
Selectman Doyle, seconded by Selectman Adams and voted unanimously to approve Mr.
Carleton's "general business/marine" license for 200.3 without the noted restriction.
Elizabeth Szymanski and Paul Ivaska addressed the Board regarding their citizens
volunteer committee to oversee Fr. Sears'park which was established in October of 2001.
They asked to be made an appointed committee so they can continue with fund raising,
plans, etc. A survey of the lot has been completed, stated Mr. lvaska, and an
encroachment of a neighbor's house found. Any litigation or negotiations will be the
responsibility of the Selectmen and Counsel. Selectman Adams suggested that possibly a
piece of this land may be sold to the abutter that is encroaching and these fund used to
start a park fund. It was moved by Selectman Doyle, seconded by Selectman Adams and
voted unanimously to appoint Paul Ivaska, Jon Bursaw, Troy Carr, Jayne Peng, and
Elizabeth Szymanski as the Citizens Advisory Committee for Fr. Sears'Park.
The Clamming Regulations for 03/04 were tabled for discussion with the Shellfish
Commissioners regarding a change, as moved by Selectman Adams, seconded by
Selectman Doyle and voted unanimously.
A one day special permit for the sale of alcoholic beverages for Protection Fire Co. #1 for
their annual firemen's ball at GDA on Saturday March Bch from 6 p.m. to 12 midnight was
approved as moved by Selectman Doyle, seconded by Selectman'Adams and voted
unanimously. The fee was waived.
On the recommendation of Chief Merry, Matthew Passeri was appointed as a reserve
patrolman, as moved by Selectman Doyle, seconded by Selectman Adams and voted
unanimously.
The CDM time table for the transfer station was discussed briefly. A meeting was
scheduled for Wednesday, February 12rh with the Board of Health and Citizens Solid
Waste Advisory Committee.
License renewals for Buddy's Books and.Art&Camera Custom Framing were approved
and signed as moved by Selectman Doyle and seconded by Selectman Adams.
Selectman Doyle noted that John Keville has been asked to post meeting schedules on the
web site as there will be many in the next few months prior to town meeting.
There being no other new or old business, the meeting was adjourned at 7:35 p.m. as
moved by Selectman Doyle and seconded by Selectman Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
305
SELECTMEN'S MEETING
FEBRUARY 11, 2003
The meeting was called to order at 7:00 p.m. by Chair Richard Joy. Selectman Michael
Doyle was present. The minutes of the January 28`''meeting were read and approved as
moved by Selectman Doyle and seconded by Selectman Joy.
Chairman Joy introduced a former town resident, Karen Boxell, who is currently a
second language instructor at Winnacunnett High School. Ms. Boxell introduced one of
her students, Kevin Lin of Burma who is in his senior year. As part of a senior seminar
one-quarter class, students must-address an issue with some public policy feature, she
explained. As part of the topic chosen by Kevin,he must attend a public meeting where
public policies are set and Mr. Joy kindly invited them to attend a Selectmen's meeting.
Kevin's father moved to this area four years ago and operates the sushi concession at
Shaw's in Newburyport and two other locations. The Selectmen welcomed Kevin and
wished him well with his class project.
Lois Anderson, Chair of the Library Board of Trustees, addressed the Board regarding
rumors about an access road being built from the library parking lot, down the side of the
ball field,to the new property purchased off Kent's Way. She stated she felt a road off the
parking lot would be a public safety issue and any access road should come off Kent's
Way. Chairman Joy noted that there had been discussion regarding drilling a well for
irrigation of the Little League field and how to access the back fields with the drilling
equipment, but he had not heard any talk of a permanent access road. As funds are tight,
this may not be accomplished any time soon. Chairman Joy assured Ms. Anderson that
should a recommendation or request come before the Selectmen, he would advise her. In
the meantime any information requested from the library by the Recreation Committee
should also be forwarded to the Selectmen to keep everyone in the loop.
As a reminder, Chairman Joy advised that a meeting has been scheduled for Wednesday,
February 12`h at 10 a.m. with the BOH and CSWAC to discuss the transfer station and on
Tuesday, February Wh at 10 a.m. the Selectmen will hold a pre-conference and site visit
for the engineers and architects interest in our RFQ.
Zoning bylaw amendments for the Annual Town Meeting were forwarded to the
Selectmen from the Planning Board for review. The Selectmen accepted the drafts and
referred them back to the Planning Board for public hearings by a motion from Selectman
Doyle, seconded by Selectman Joy.
The Seletmen declared the warrant for the Annual Town Meeting open and it will close
to petition articles on Friday, March 10.
Selectman Doyle reported briefly on an Essex County Selectmen's Association meeting
he attended regarding current and FY04 budget cuts.
The Selectmen congratulated the Finance Committee for a job well done putting together
last Wednesday's meeting with the department heads. It was a fine presentation by all of
the Finance Committee members and a good chance for all departments to get together.
There being no other new or old business, the meeting was adjourned at 7:30 p.m. as
moved by Selectman Doyle and seconded by Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
3,0 7
SELECTMEN'S MEETING
FEBRUARY 25, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Alan I. Adams and Michael
Doyle were present. The minutes of the February 1 l ch meeting were read and accepted as
moved by Selectman Doyle and seconded by Selectman Joy. Selectman Adams
abstained as he was not present at the 2/11 meeting.
Cheryl Draper, recently.appointed Triton School Committee member for Rowley, was
granted status as a "special municipal employee" by the Town of Newbury as moved by
Selectman Doyle, seconded by Selectman Adams and voted unanimously.
Karen Wakefield,representing the Friends of Our Trails,presented a proposed design for
walking trails connecting the Trustees of the Reservation land on Hay Street thru a
section of the Town Forest to the Wildlife Management (Fish&Game) land connecting
to an existing trail to Kent's Island. She stated it.would be a 4'wide cleared trail with no
impact on the wetlands, no maintenance and no cost to the Town. Concerns raised by
Selectman Doyle regarding parking on Hay Street and also a timetable for completion of
the project and Devil's Den and Devil's Basin.were discussed. It was moved by
Selectman Doyle, seconded by Selectman Adams and voted unanimously to approve the
project as presented and Ms. Wakefield was thanked for her excellent presentation.
Wendy Hendrickson, Jarred Whitten and Linda Wood of the Beach Advisory Committee
addressed the Board regarding their ongoing project for long term remediation of the
Plum Island beach. Three locations have been designated as areas of concern- 80
Northern Blvd., the beach at the center and Southern Blvd. adjacent to the Refuge. Seed
monies from the Conservation Commission have been used to get the project started and
Phase I has been very successful, Ms. Hendrickson advised. The Committee is
requesting a line item budget for continuance of Phase II of the project which will
include additional fencing, dune grass, a permanent kiosk for information and education
and a temporary boardwalk between the dunes at the center beach, she explained. The
committee was commended for their work but they were advised that they were only an
advisory committee to the Conservation Commission and they would have to work
through that department. The members were thanked for their report.
A request for use of the Lower Green on Sunday, May 20 (rain date Monday, May 20h)
for the annual Parker River Festival was approved as moved by Selectman Doyle,
seconded by Selectman Adams and voted unanimously.
A Class II used car license was renewed for John Tiernan d/b/a Hanover Place as moved
by Selectman Doyle, seconded by Selectman Adams and voted unanimously.
suggested that the Boards should start enforcement procedures against JRM and
McDonald's Trucking.
There being no other new or old business,the meeting was adjourned at 8:00 p.m. as
moved by Selectman Adams and seconded by Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
10.9
SELECTMEN'S MEETING
MARCH 11, 2003
Chairman Joy opened the meeting at 7 p.m. Selectmen Alan 1. Adams and Michael
Doyle were present. The minutes of the February 25th meeting were read and accepted as
moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously.
Selectman Doyle briefly reported on the completion of the RFP for the transfer station.
The finalized document has been sent to the five firms that responded to the town's
"request for qualifications". The Board extended their thanks to the Board of Health and
the Citizens Solid Waste Advisory Committee for their time and effort spent completing
this document.
The week of April 27 to May 3 was proclaimed as Holocaust Awareness Week in the
Town of Newbury as moved by Selectman Doyle, seconded by Selectman Adams and
voted unanimously.
Selectman Doyle addressed the AG's letter regarding ADA accessibility at Town Hall.
Designs are being developed and it is anticipated that all corrections can be made by the
first week in May, he advised.
Charles Bashaw and George Gustafson addressed the MOU with the Board. They
explained it is still in draft form and the terms are still being negotiated between the
Oldtown Water District and Newburyport. The Newburyport Water Commission is
looking for commitments from the Town as well as the District, Mr. Bashaw explained.
While the District owns the water rights in Oldtown,they are able to bond only up to one
million dollars and would need to look to the town to fund land purchases. Excess
volume of water is also being discussed and the District is trying to protect the future
needs of the town, he advised. Mr. Gustafson noted that the expected needs of year 2020
is 600K gallons per day which includes P.I. service and as part of the site process for a
well, DEP requires a hydrologic study proving development of the area will not effect
existing wells. When the District is satisfied with the MOU and the District's Counsel
has reviewed the document, it will be up to the voters of the District to approve the final
form. Mr. Bashaw inquired if District legal fees could be covered by the Town and he
was advised it would probably be a conflict but the Board will seek Counsel's opinion.
Mr. Gustafson advised that a meeting on the MOU had been scheduled for 3/17 with
hopes that a.final draft will be ready for the 3/25 Newburyport Water Commissioners
meeting.
The meeting was adjourned at 7:35 p.m. as moved by Selectman Doyle, seconded by
Selectman Adams and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
MARCH 25, 2003 ZI/
Chairman Joy,opened the meeting at 7:00 p.m. Selectmen Alan I. Adamsrand Michael
Doyle were present. The minutes of the March 11`h meeting�mere-'ea and accepted as
moved by Selectman Doyle, seconded by Selectman"Adams and voted unanimously.
A request for the use of the Lower Green by Triton's U 10 travel soccer team for practices
on Tuesdays from 5:30 to 7 p.m. beginning April gth for eight consecutive weeks was
approved pending Tim Leonard's assurance that the field is dry enough for play as moved
by Selectman Doyle, seconded by Selectman Adams and voted unanimously.
A request for use of the Lower Green by Triton's U12 Pandas soccer team for practices
on Thursdays, April 3,10,17,24; May 1,8,15,22,29;June 5,12 and Fridays April 4,11 and
June 13th was approved as moved by Selectman Doyle, seconded by Selectman Adams
and voted unanimously.
A request for use of the Lower Green by Triton's lacrosse team for practices Tuesday
through Friday March 25th to 28th from 5 to 7 p.m. was approved as moved by Selectman
Doyle, seconded by Selectman Adams and voted unanimously.
A request for use of the Upper Green from Anna Jaques Hospital Aid Association for a
book and plant sale on Saturday,May 171h(rain date Sunday, May 18th) from 9 a.m. to 3
p.m. was approved as moved by Selectman Doyle, seconded by Selectman Adams and
voted unanimously.
The Board acknowledged receipt of a check in the amount of$1,179.50 which represents
the annual license fee for 2002 from Comcast (cable TV). Selectman Doyle will contact
Comcast to set up a meeting to investigate wiring town hall for cable and to see what
other services might be available to the town..
The Board approved the nomination of Deborah Knight as Inspector of Animals and
Carol Larocque as Assistant Inspector of Animals as moved by Selectman Doyle and
seconded by Selectman Adams. Nomination forms will be forwarded to the Bureau of
Animal Health for their approval and certification.
Chairman Joy announced that Byfield Day celebrations will be held on Saturday, June
7th. The Selectmen will again supply porta-potties for the day as moved by Selectman
Doyle, seconded by Selectman Adams and voted unanimously.
The Board accepted six amendments to the zoning bylaws from the Planning Board for
the Annual Town Meeting warrant as moved by Selectman Doyle, seconded by
Selectman Adams and voted unanimously.
The Board welcomed members of the Finance Committee to the meeting. Kevin
Blanchette, Chair acknowledged the retirement of Selectman Adams who has volunteered
his services to the town for many years. Mr. Adams is the longest serving Selectman in
Essex County having been first elected to the position in 1968. Mr. Blanchette advised
there five accounts are currently on the "watch list" for FY03 - (1) legal services which
cannot be planned ahead(2) snow removal which is overdrawn by approximately $40K
as of the end of February but will be reimbursed approximately $26K by FEMA for the
President's Day storm(3)BOH which may need an adjustment before the end of the fiscal
year(4) lifeguard expense which will need funds if we are to have guards on duty prior to
July I'and(5)medicare which fluctuates with the payroll. Tonight we are here to seek
guidance, Mr. Blanchette stated. He suggested deferring action on the FY04 budget from
the annual town meeting to the special town meeting in June. He spoke on the proposed
Chapter 70 and local aid cuts,the school budget,mitigation aid and the regional school
agreement which may be greatly affected by the state's changes to the formula for
funding by participating communities. He also suggested a second round of meetings
with department heads to try to close the budget shortfall. It was moved by Selectman
Doyle, seconded by Selectman Adams and voted unanimously to delay the budget to the
special town meeting in June. The problem of delinquent taxes was also discussed. Mr.
Blanchette noted that there is approximately$500K outstanding in taxes owed the town,
dating back over 20 years. He asked for the support of the Board to start the process to
collect these taxes and if necessary when all else fails to take the properties. It was
moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously to
start the process with 14 day demand letters and then deal with those that don't reply to
the demand in accordance with MGL. Mr. Blanchette introduced the members of the
Finance Committee in attendance. They were Gail Cutter, John Clavin, and Bill Cooper.
Also on the committee are Gene Case and Kathy Comins. The Finance Committee was
thanked for their input.
Selectman Doyle asked about the completion of the cap and close project at the landfill
and Chairman Joy advised that he would contact Mr. Koehler at CDM for an update.
The meeting was adjourned at 8:00 p.m. as moved by Selectman Doyle and seconded by
Selectman Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
31.3
SELECTMEN'S MEETING
APRIL 8, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Alan I. Adams and Michael Doyle were
present. The minutes of the March 25th meeting were read and accepted as moved by Selectman
Doyle, seconded by Selectman Adams and voted unanimously.
At 7:05 p.m. the legal notice for a public hearing was read by Chairman Joy. The applicant (Byfield
Water District)requested a special permit for the construction of a water treatment facility on land off
Larkin Road which is zoned agricultural/residential. Paul Howard of Tata&Howard presented facts
and drawings of the proposed facility to the Board. Abutters had been notified. There was no one
present that wished to speak for or against the project. The hearing was closed and the matter taken
under advisement as moved by Selectman Adams and seconded by Selectman Doyle. The hearing was
reopened and the special permit was granted as submitted as moved by Selectman Adams, seconded
by Selectman Doyle and voted unanimously.
A general business license was approved for Lexa's Day Spa as moved by Selectman Doyle, seconded
by Selectman Adams and voted unanimously.
The Board acknowledge the retirement of Cynthia Dennis from the Council on Aging and a letter of
appreciation for her many years of service will be sent from the Selectmen.
A request from S.P.N.E.A. for permission to hang a banner on the Upper Green ball field backstop to
advertise their Draft Horse Plow Match was approved as moved by Selectman Doyle, seconded by
Selectman Adams and voted unanimously.
A request from the P.I. Surfcasters for use of the Upper Green pond and surrounding area to conduct
a fly fishing/casting clinic on Saturday, May 3 l st from 8 a.m. to 12 noon was approved as moved by
Selectman Adams, seconded by Selectman Doyle and voted unanimously.
A request from Triton's U10 Intramural Soccer teams for use of the Lower Green for practices
starting April 9th for 13 weeks on Monday and Wednesday from 4:30 to 7 p.m. and on Fridays, April
25th, May 2,9,16,23,30 and June 6th was approved as moved by Selectman Doyle, seconded by
Selectman Adams and voted unanimously.
A permit from Keyspan to open and excavate 130 Elm Street for the installation of a new gas service
was approved as moved by Selectman Doyle, seconded by Selectman Adams and voted unanimously
subject to Tim Leonard's approval and supervision.
William Greenwood, Yankee Homecoming Parade Chairman, addressed the Board regarding the
possibility of ending the 2003 parade at the Upper Green. Liability insurance.which had been a
problem in the past, has been secured, he advised. Vehicle parking would still be on Marlboro Street
and the theme of this year's parade is "Back to the Past". Mr. Greenwood was asked to coordinate his
activities with Chief Merry. It was moved by Selectman Doyle, seconded by Selectman Adams and
voted unanimously to approve the request of the Parade Committee to end the parade at Newbury's
Upper Green.
A Class II Used Car Dealer's license was renewed for Byfield Auto of 96 Orchard Street as moved by
Selectman Doyle, seconded by Selectman Adams and voted unanimously.
It was moved by Selectman Doyle to allow videotaping of all public meetings, seconded by Selectman
Adams. Mrs. Gouldthorpe, Chair of the BOH noted that if all meetings are taped and televised, people
are not interested in taking part in the meeting process. Chairman Joy will check with Counsel to see if
a motion is necessary or if it should be only a recommendation from the Board.
Selectman Doyle will set up a meeting with McGregor&Associates to address JRM and what can be
done by the Selectmen and the Board of Health. The Boards will be advised of the date of time.
115
A draft warrant for.the annual town meeting was submitted to the Board for their review. Signatures
are requested by Thursday so the warrant can be posted in a timely manner and printed for town
meeting.
The meeting was adjourned at 7:30 p.m. as moved by Selectman Doyle and seconded by Selectman
Adams.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
MAY 20, 2003
The meeting was called to order at 7:00 p.m. by Chair Richard Joy. Selectmen Michael
Doyle and Bruce Saunders were present. Bruce Saunders was welcomed as the new
member of the Board. The minutes of the April Bch meeting were read and accepted as
moved by Selectman Doyle and seconded by Selectman Joy. Chairman Joy noted that
the section of the minutes regarding televising public meetings could only be a positive
recommendation from the Board as it is state law that all public meetings may be
televised.
Chairman Joy called for the re-organization of the Board and asked for nominations for
Chairman. Bruce Saunders nominated Richard Joy for Chair. The nominations were
closed and a vote taken. Selectman Doyle voted pass, Selectmen Saunders and Joy voted
to approve and Richard Joy was declared Chair. Selectman Saunders nominated Michael
Doyle for Clerk,the nominations were closed and it was voted unanimously. Michael
Doyle was declared Clerk. Selectman Saunders was asked to be liaison to Waterways
and accepted. Selectman Joy will remain liaison to the Plum Island Water/Sewer Project
and Selectman Doyle will remain liaison to the Board of Health and Solid Waste
Committee. It was suggested that a liaison be established with the Planning Board and
Bruce Saunders was nominated and accepted as he has past experience with planning.
The nomination was voted unanimously.
Chairman Joy declared the warrant open for the Special Town Meeting to be held
Tuesday, June 24,.2003. The warrant will be closed to petition articles May 27, 2003.
It was moved by Selectman Doyle and seconded by Selectman Saunders to adjourn the
public meeting at 7:15 p.m. and Chairman Joy asked that they reconvene in executive
session with Counsel to discuss strategy with regards to all open litigation for the benefit
of Selectman Saunders. A roll call vote was taken on the motion with Selectman Doyle
voting yes, Selectman Saunders voting yes and Chairman Joy voting yes. Chairman Joy
advised that the public meeting would not be reconvened at the close of executive
session. s
Respectfully submitted,
Kathleen Sirois, Secretary
3 17
SELECTMEN'S MEETING
MAY 27, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce
Saunders were present. The minutes of the May 20th meeting were read and accepted as
moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously.
The legal notice for a pole hearing, plan#668, dated 3/31/03, was read by Chairman Joy.
John Butler of Massachusetts Electric explained that the petition was for an upgrade to
erect a new pole to lessen the span between#23  So.Pond Street so that wires
could safely be strung. There was no one in the audience to speak against this petition. It
was moved by Selectman Doyle, seconded by Selectman Saunders and voted
unanimously to grant the petition as submitted contingent on approval of the location by
the DPW Director,Tim Leonard.
Notices of two zoning bylaw amendments were accepted and referred back to the
Planning Board for hearings as moved by Selectman Saunders and seconded by
Selectman Doyle.
A one-day special permit for the sale of alcoholic beverages for Governor Dummer
Academy's reunion festivities on Saturday, June 141h from 12 noon to 12 midnight was
approved as moved by Selectman Doyle, seconded by Selectman Saunders and voted
unanimously.
New licenses were approved for the following businesses as moved by Selectman
Saunders, seconded by Selectman Doyle and voted unanimously:
Denise McKenzie d/b/a D.J. Mac's @ 11 Fordham Way(Parking Lot)
Wendy Hall d/b/a Roots to Wings Yoga Studio @ 1 Lunt Street(General
Business/Yoga Studio)
Danny Roach d/b/a Newbury Stable Services @ 100 Nbypt. Tpke. (General
Business/Seasonal Retail)
Nicholas Avelis d/b/a Shorts& Sandals Tanning Salon @ 9 Fruit Street
(Beauty/Tanning Salon)
Penelope Kullaway d/b/a Massage&.Energy Balancing @ 65 Nbypt Tpke.
(General Business/Massage)
Christine Moore d/b/a Season of Change Massage Therapy @ 65 Nbypt. Tpke.
(General Business/Massage)
A request from Robert Mannino Jr. to operate a mobile hot-dog concession on Plum
Island at the far end of the Town's beach parking lot was granted with the stipulation that
all trash be collected and removed from the area at the close of business each day and
subject to inspection by the Board of Health and compliance with their rules and
regulations. This permit was granted as moved by Selectman Doyle, seconded by
Selectman Saunders and voted unanimously.
Paul Ivaska addressed the Board regarding the Father Sears Memorial Park property.
The property line issue has not been resolved and he asked that the Board negotiate with
Mr. Carr to reach a mutually satisfactory solution. Mr. Troy Carr who was a member of
the Father Sears Memorial Park Committee has resigned as he felt there might be a
conflict of interest. The committee requested permission to move forward with an
interim design,reviewing existing vegetation, marking the perimeter of the lot, cleaning
the site and siting the walking path and seating. The final design and fund raising
activities will be postponed until negotiations are completed with Mr. Carr. It was moved
by Selectman Saunders, seconded by Selectman.Doyle and voted unanimously to grant
permission for the committee to move ahead with the interim design pending resolution
of the property line. Property line negotiations were taken under advisement and the
Selectmen will meet with Mr. Carr and Counsel to negotiate an agreement.
Eric Norgaard brought a complaint against Planning Board member Eric Griebling for a
posting on a web site. He was advised that this complaint should be brought to the
Planning Board not the Selectmen. It was moved by Selectman Saunders, seconded by
Selectman Doyle and voted unanimously to refer Mr.Norgaard to the Planning Board as
he had come before the wrong elected body.
-519
Wendy Hendrickson addressed the sand and salvage materials deposited on the beach
May 81"from the Olga Way Parking Lot. She presented the Board with a SOP for this
sand staging area, which she stated she had developed with Tim Leonard's approval. The
Board accepted the SOP for review and advised that it should also be brought before the
Conservation Commission and the Board of Health.
On the recommendation of Chief Merry,the following persons were approved for
appointment as part time lifeguards for the Town of Newbury as moved by Selectmen
Doyle, seconded by Selectman Saunders and voted unanimously:
James Shafner(Head Guard), Ben Casey, Kristie Hambrech, Lori Hambrech,
Keith Hambrech, Michael Biscardi, James Ward, Bethan Noonan, Allison
McNiff; Caroline Linehan and Stephen May Jr.
A request from the Byfield Day Committee to close off the section of Lunt Street
between the Yellow School and the Church on June 7"'for Byfield Day activities was
approved as moved by Selectman Saunders and seconded by Selectman Doyle.
Selectman Saunders briefly addressed the Town's financial situation and ways of cutting
costs. After reviewing McGregor&Associates billing, he said he found it to be
redundant to Counsel and costly. He moved to discontinue McGregor's services,
seconded by Chairman Joy and opened to discussion. Selectman Doyle argued that
McGregor had been retained to handle landfill litigation and the transfer station after
Counsel recused himself due to possible conflicts regarding landfill litigation. Chairman
Joy noted that McGregor&Associates was not involved in siting the transfer station, it
was handled by CDM. After a brief discussion, Selectman Saunders amended his motion
to retain the services of McGregor&Assoc. until the transfer station is operational and to
have them available to Counsel as a resource on the JRM case. He also moved that all
communication between McGregor and the Board should be directed to the Chairman at
Town Hall and not to the selectmen personally. The amended motion was voted
unanimously.
The meeting was adjourned at 8:00 p.m. as moved by Selectman Doyle, seconded by
Selectman Saunders and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S METING
JUNE 10, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce
Saunders were present. The minutes of the May 27 h meeting were read and accepted as
moved by Selectman Saunders and seconded by Selectman Doyle. Selectman Doyle
asked to clarify the statement about communications being directed to individual
selectmen. He stated that he had personally requested information from McGregor&
Associates for the benefit of briefing Selectman Saunders and it was one time only.
Selectman Saunders thanked Selectman Doyle for the clarification.
Licenses were renewed for Gunter Hagspiel d/b/a Head Tyrolia Winter Sports @ 12 Kent
Way and for Kurt Bleicken d/b/a Appleton Woodworking of Newbury @ 90
Newburyport Turnpike, as moved by Selectman Saunders and seconded by Selectman
Doyle.
A request for use of the Upper Green by the Byfield Parish Church for their annual retreat
picnic and activities on Saturday, September 6t'was approved as moved by Selectman
Doyle and seconded by Selectman Saunders.
A proposal from William Pasquina of West Newbury toll soft drinks on the beach was
discussed. The concern was if one peddler was allowedrould it set a precedent for
others to follow. Regrettably the proposal was denied as moved by Selectman Saunders,
seconded by Selectman Doyle and voted unanimously.
3�21
On the recommendation of Town Clerk, Donna Stefanile, the following persons were re-
appointed as election workers: Marjorie Emerson, Joyce Davis, Phyllis Teselle, Martha
Webb, Mary Wood,Norma Taylor, Richard Cunningham, Jean Gustayson, Joan
Takesian, Linda Smart, Carole Oljey, Sharyn Reetz, Rita Sullivan, Kathleen Sirois,
Marcia Peirce, Carrie Keville, Wanda Traister,Virginia Quinn, Reagh Atkinson, Anita
Mansur, Ruth Rock, Pam Griffin, Joyce Knowlton, Jennifer Reetz, Rita West, Paula
Chambers, Russell Gibson, Donald Teselle, John Keville, Elaine Demers, Alix McArdle,
Priscilla Edmonds, Ruth Cunniff, June Maguire, Wendy Kaminske, Joan Weyburn, Paula
Rock, Charles Bear and Karl Cahmbers. Ed Carpenter was also re-appointed as a
registrar of voters, all as moved by Selectman Doyle and seconded by Selectman
Saunders.
Carrie and John Keville addressed the Board regarding over flow parking on Northern
Blvd. on Saturday, June 21'`for their sons graduation party. A notice has been printed
for all attendees who will use the Northern Blvd. area and will be placed in their
windshield to prevent ticketing. Chief Merry noted that it was not a problem as long as
no one blocked driveway accesses. The request was granted as moved by Selectman
Saunders and seconded by Selectman Doyle.
Chairman Joy noted that the warrant for the Special Town Meeting on June 24t`had been
posted. The Board of Health will hold an informational.meeting for the transfer station
on Thursday, June 19, at 7 p.m. at the Senior Center at the Elementary School. Anyone
with questions or concerns is invited to attend.
Adele Varney of 8 Parker River Drive addressed the Board regarding the removal of
berms and the condition of their road. The Board listened to the concerns of the residents
and advised that they would ask the Highway Department to address what clean up'is
necessary. The road will be placed on a list for repairs as monies become available but
no time frame was promised.
Matt Freedman, Chair of the Library Trustees, questioned the Board about the budget
process. He stated they had tried to work with the Finance Committee but their concerns
were not all addressed and he felt the library budget was not cut proportionally with the
other town budgets. He was advised that the warrant was closed and posted but they
should try to address their concerns again with the Finance Committee perhaps for a
future consideration.
At the request of Chief Merry, Patricia A. Gallagher was appointed as a reserve officer
through July 31, 2004 as moved by Selectman Doyle and seconded by Selectman
Saunders.
At the request of Chief Merry, the following persons were appointed to the part time
position of lifeguard for the 2003 summer season, as moved by Selectman Doyle and
seconded by Selectman Saunders: Emily Antone, Hillary Coughlin, Britt Lazar and Jill
Fotino.
Selectman Doyle moved to have all new business in writing at least 24 hours prior to
meetings. There was no second and the motion died.
The meeting was adjourned at 8:10 p.m. as moved by Selectman Saunders and seconded
by Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
-Minutes of the joint meeting of the Oldtown Water District
fr. * and the Newbury Board of Selectmen
. f
Date: June 17, 2003r,/, ;00 PM
Location: Newbury Elementary School
The meeting convened at 8:15 PM in the Library of the Newbury Elementary
School. In attendance were OWD Commissioners Bashaw and Walker, OWD clerk
Pease, OWD Treasurer Owen, Selectmen Joy and Saunders, Selectmen's secretary Sirois,
Counsel for the OWD Healey, Counsel for the Town Lagoulis, PI Project Coordinator
Gustafson, Donovan of Camp Dresser and McKee, and five members of the public. After
a brief introduction by Bashaw, John Healey(OWD Counsel) made a recommendation
that the OWD Commissioners and Selectmen go into executive session because of the
nature of the negotiations that would take place. Selectman Joy made a motion to go into
executive session, the motion was seconded and it was pointed out that a roll call vote
was necessary. Bashaw and Walker raised hands in agreement to go into executive
session. Bashaw asked Bruce Saunders(Chairman of the Byfield Water District) as to
who would normally participate in the Byfield Water=District's executive sessions.
Saunders responded that only the Commissioners would participate in their executive
sessions. Commissioners Bashaw and Walker, Selectmen Joy and Saunders, OWD
Counsel Healey, Town Counsel Lagoulis, PI Project Coordinator Gustafson, and
Donovan of CDM remained in the executive session and all others were asked to leave.
There was some discussion and concern that the OWD did not have the authority to enter
into agreements that involved sending water outside their District.No action was taken
on this topic.
There was some discussion as to whether the Newbury Section of Plum Island should be
brought back into the district and what it would take to facilitate this.No action was
taken on this topic.
The Memorandum of Understanding (MOU) was discussed to see if changes were needed
to facilitate possible expansions in the Oldtown section of town. After discussing the
specific language changes needed to the MOU, a motion was made by Walker to change
the language in paragraph 4 and forward those changes to the Newburyport Water
Commission for their consideration. The motion was seconded by Bashaw and voted
unanimously.
A motion was made, seconded, and voted to adjourn at 9:30 PM
Respectfully submitted
Charles Bashaw/ Commissioner Oldtown Water District
� J
7 123
SELECTMEN'S MEETING
JULY 8, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce
Saunders were present. The minutes of the June l&meeting were read and accepted as
amended(names of lifeguards to be added to appointment list)as moved by Selectman
Doyle and seconded by Selectman Saunders.
A Keyspan permit to open and excavate 148 Elm Street to install a new gas service was
approved as moved by Selectman Doyle, seconded by Selectman Saunders and voted
unanimously.
A common victualler license for Atty. May's at 2 Northern Blvd. was approved as moved.
by Selectman Saunders and seconded by Selectman Doyle.
1
A request from Roger Thurlow of Hanover Street to speak on East Coast Trucking was
continued to the end of the meeting as Mr. Thurlow was not present.
Jim Gormley read a letter to the Board concerning activities at the JRM facility on
Newburyport Turnpike. The letter will be entered into the records. Selectman Doyle
questioned Chairman Joy about a meeting scheduled with Senator Tarr and Counsel to
discuss JRM. Chairman Joy advised the meeting had been cancelled by Senator's office
due to his restrictive schedule and he had not personally spoken with the Senator.
Selectman Doyle asked that when the meeting is rescheduled,the entire board be
included. He stated he had a letter from Senator Tares office requesting a meting with
Atty. McGregor and McGregor had notified him that the meeting had been cancelled by
Selectman Joy. Dick noted he had not spoken with.McGregor or his office for several
months and he did not cancel any meetings. Selectman Doyle was asked to produce
copies of the letters for the records,which he promised at the close of the meeting.
Jon Bursaw of the Fr. Sears Memorial Park Advisory Committee addressed the Board
regarding the establishment of a fence around the property. Due to a boundary dispute
with an abutter,Troy Carr,the committee wanted some direction from the Board as to
where the fence should be located. It was determined that a site visit would be scheduled
with the Board, Building Inspector, Conservation Agent and members of the Park
Committee to address the issue and enable the committee to move ahead with their
project.
Ron Garand spoke about the proposed three-phase electrical service to the transfer
station. He suggested the Board seriously consider running service from Green Street
where there are poles in place rather than opting for a generator on site. This would also
improve service to the Boston road residences, he noted. Mr. Garand was advised to
bring his concerns to the Board of Health who are responsible for the construction of the
new transfer station. Mr. Garand also questioned town parking permits and parking at the
municipal lot on Olga Way. The Board asked that he submit his questions to the Board's
secretary so she could research and address his concerns.
Dale Romp, as a resident of Plum Island, questioned the new dog regulation banning
dogs from the beach. He stated he felt the compromise of early morning and late day
hours was working well and should not have been changed. -Erich Griebling of Melody
Lane read from a letter he had composed and questioned the BOH's handling of this new
regulation. He suggested the problems on the beach might be more nuisance issues than
public health issues. Chairman Joy advised the Board of Selectmen had no jurisdiction
over the BOH. Alba Gouldthorpe, Chair of the BOH was recognized by the Chair. She
stated she was deeply offended by Mr. Griebling's letter as he had signed it as a member
of the Planning Board. 'Mr. Griebling apologized and said he only thought it would carry
more weight coming from another board member. A discussion ensued regarding
enforcement issues and costs of the civil disobedience march held on Sunday, July 6th
Interested parties were directed to attend the BOH meeting on July 14th with any further
questions or comments.
13-2 5
Ann Hickey of 49th Street addressed the Board regarding the placement of a bench and
possibly a walkway, at no cost to the Town,on or near the 49th Street right-of-way to the
beach to enable older residents to access the beach. The bench is to be located on her
neighbors property, she stated. A letter of permission will be forwarded to the Board for
their records. Chairman Joy advised that the Board would have to look at the legality of a
walkway and Doug Packer and Brownie Taylor will be asked for their'input into the
matter.
Alix McArdle, DirectorlWthe Council on Aging, asked how the Council should proceed
with regards to the possible development of a senior center at the Woodbridge School.
The seniors are willing to work on fund raisers for the project but would like a
commitment from the town that the Woodbridge School is available to them, she stated.
Selectmen Joy and Saunders advised they would like to see a feasibility study done prior
to a commitment and suggested Alix check with Representative Stanley's office to see if
any grant funds are still available for such a project. Selectman Doyle stated he would
not agree to giving the building to the seniors or spending $1 OOK on a study at this time.
Alix agreed to check on the status of state funds and will report back to the Board.
A resignation from Bruce Saunders as an alternate member of the Zoning Board of
Appeals was accepted by the Board as moved by Selectman Doyle and seconded by
Selectman Joy.
Selectman Doyle made a motion to close town hall offices on Tuesday evenings for July
and August to compensate for no raises this year. Selectman Saunders suggested this
might not be fair to other departments in town. Selectman Joy moved to table the motion
and Selectman Doyle thereby withdrew his motion. Selectman Saunders offered to speak
with the personnel and possibly address this issue at the next meeting.
The appointment list for FY04 was read and accepted as moved by Selectman Doyle,
seconded by Selectman Saunders and voted unanimously, except for the appointment of
Town Counsel. Selectman Saunders moved to accept the appointment of Jim Lagoulis as
Counsel, seconded by Selectman Joy and the matter was opened to discussion.
Selectman Doyle suggested it was time to bring in a law group that might better serve the
Town. Selectman Saunders defended Lagoulis and called for a vote on the matter.
Selectmen Saunders and Joy voted to approve the appointment of Jim Lagoulis as Town
Counsel. Selectman Doyle voted no.
Police appointments were read and approved as moved by Selectman Doyle, seconded by
Selectman Saunders and voted unanimously.
It was moved by Selectman Doyle, seconded by Selectman Saunders and voted
unanimously to approve the appointment of Ken Stranc as radio officer to Newbury
Emergency Management.
The art work in Green Pond was discussed. Chairman Joy advised that while the Board
had agreed in November to allow this project,he had received many calls, letters and
personal visits from residents both pro and con. He noted the art work had certainly
increased the town's interest in public properties and asked if any action should be taken
regarding Mrs. Metcalf s project. Selectman Saunders moved to thank Mrs. Metcalf and
respectfully request she remove the art work by August 15'h, seconded by Chairman Joy
and voted by Saunders and Joy. Selectman Doyle voted no.
Selectman Doyle raised the question of who should have made the appointments to the
Wetlands Committee. Chairman Joy advised the DEP had requested the P.I. Workgroup
set up this committee. Mayor Lavender appointed for Newburyport and he as the
Newbury representative to the group appointed for Newbury. DEP did not request the
Board of Selectmen establish this committee, he noted.
The meeting was adjourned at 8:40 p.m. as moved by Selectman Saunders and seconded
by Chairman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
527
BOARD OF SELECTMEN'S MEETING
JULY 22, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce
Saunders were present. The minutes of the July 8 h meeting were read and accepted as
moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously.
George Gustafson, P.I.P.C. of the P.I. Water/Sewer Project was not in attendance as the
MOU had already been approved by the Selectmen and was in the hands of the Oldtown
Water District for a vote of the district.
It was moved by Selectman Doyle, seconded by Selectman Saunders and voted
unanimously to appoint J. Frank Remley of 16 Old Farm Way to the Finance Committee
for a three year term as recommended by Kevin Blanchette.
Selectman Doyle proposed the purchase of sandwich boards for placement in key
location of town to advertise town meetings, elections and special events. He also
suggested the purchase of a glass case for the front of town hall to list office hours and
special announcements. Both Selectman Joy and Saunders thought the idea was good.
Selectman Saunders only concern was that of vandalism of the sandwich boards if left out
for a period of time. Selectman Doyle will gather data and quotes on these items and
bring it back to the table when he has the information.
The Fr. Sears Park Advisory Committee and abutter Troy Carr met with the Selectmen to
discuss the encroachment of Carr's out building on the park property and possible
remedies. The possibility of an appraisal and subsequent purchase of a small piece of the
park property was dismissed for the present time, as Mr. Carr believes he can claim the
land by adverse possession. He did, however, offer to pay for an engineering survey to
clean up the lot line dispute. In an effort to move the park project ahead, Mr. Carr agreed
to move his mailbox to his side of the tree line and the fence will run along this line.
Counsel Lagoulis noted that resolution of the lot line may not be easy due to the will of
Fr. Sears and any sale or giving of property may need an act of the legislature as well as a
town meeting vote. Selectman Doyle moved to allow the Park Committee to fence along
the tree line and thanked Mr. Carr for agreeing to move his mailbox to accommodate this
line. Selectman Saunders seconded the motion adding that a letter be sent to Mr. Carr
requesting his follow-up with an engineer's survey. The motion was voted unanimously.
The proposed closing of the town hall offices on Tuesday evenings was again discussed.
Selectman Saunders noted that he had spoken with the department heads and they felt the
offices could be covered with minimal personnel as long as the offices were open for the
public's convenience. As Tuesday evenings were a compromise for early closings on
Fridays, Selectman Doyle withdrew his proposal.
It was moved by Selectman Saunders and seconded by Selectman Doyle to re-appoint
Dan Streeter and Dave Taylor to the Recreation Committee as their names may have been
missed at the last meeting.
Selectman Doyle briefed the board on the workshop meeting held on the 20 with the
BOH, CSWAC and CDM regarding the transfer station design and costing. He advised
that Steve Frain had asked that the CSWAC be transferred to the BOH's jurisdiction
rather than that of the Selectmen. It was voted unanimously to transfer jurisdiction of the
CSWAC to the BOH.
Payment vouchers for J.D. Hartnett& Son Inc. for work on the ball-fields were reviewed
and signed by the Selectmen.
A Mass Electric easement for service to the ball fields was reviewed and signed by the
Selectmen.
At 7:45 p.m. a motion was made by Selectman Saunders and seconded by Selectman
Doyle to move to executive session under Exception 2 as set forth in the open meeting
law to discuss charges brought against a public employee which could be construed as
disciplinary. Chairman Joy advised that the meeting would not reconvene in open
session and a roll call vote was taken with the following results: Joy, yes;Doyle, yes;
Saunders, yes. At 7:48 p.m. general session was reopened briefly to discuss McGregor
vs. Lagoulis as moved by Selectman Doyle and seconded by Selectman Saunders. The
issue at hand was whether Lagoulis or McGregor should be lead counsel for the final
consent order for the landfill. After a brief discussion, it was moved by Selectman Doyle
and seconded by Selectman Saunders to allow Lagoulis to move forward with the consent
order and he will consult with McGregor if needed. General session was again closed by
unanimous vote and a five minute recess was called to clear the room for executive
session as moved by Selectman Saunders, seconded by Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S WORKSHOP
AUGUST 1, 2003
The Board of Selectmen convened in open meeting at 9:00 a.m. Selectman Joy, Doyle,
Saunders as well as Treasurer Jim Cashman, Counsel Jim Lagoulis, Joe Cataldo of
Littleton Engineering and John Donovan and Chris Koehler of CDM were in attendance.
By unanimous vote of the Selectmen,the MOU between the City of Newburyport,
Newburyport Water Commission, Town of Newbury and Oldtown Water district relative
to new water supply developments for the purpose of supplying water to Plum Island was
signed as voted at the Oldtown Water District special meeting of July 30, 2003.
The purpose of this workshop is to discuss whether or not the Town should pay for a
change order related to the capping of the landfill. The change order is in the amount of
$45,000 for additional earth removal at the site. During this discussion Selectman Doyle
had to leave for work in Maine and Selectmen Joy and Saunders remained. The
discussion continued as to whether or not this work was properly in the specs of the
contract or is it an addition thereto. Selectman Joy made a settlement offer to CDM and
the contractor. The original offer was discussed and modified to a proposal of$37,500
by Joe Cataldo of Littleton. At this point, it was moved by Selectman Saunders and
seconded by Selectman Joy to enter into executive session to consider this contract
negotiation and their position with Littleton vs. possible litigation. A roll call was taken:
Joy, yes; Saunders, yes. Selectman Joy announced that the meeting would be reconvened
in open session.
The executive session produced a discussion as to the reasonableness of the offer and it
was decided to accept the settlement offer of$37,500. Whereupon the Selectman closed
the executive session and reconvened in open session.
Upon reconvening, the Selectmen announced that the settlement offer of$37,500 was
acceptable to the Town. The open session was concluded and the meeting adjourned as
moved by Selectman Saunders and seconded by Selectman Joy at 10:10 a.m.
Respectfully submitted,
Kathleen Sirois, Secretary
331
SELECTMEN'S MEETING
AUGUST 12, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce
Saunders were present. The minutes of the July 22"d meeting were approved as
submitted as moved by Selectman Doyle, seconded by Selectman Saunders and voted
unanimously.
The Board acknowledged the receipt of a revenue sharing check in the amount of
$80,730 from the Parker River Wildlife Refuge, which covers FY02.
A new license for auto repair was approved for Damon Sesto d/b/a German Autosport at
96 Orchard Street, as moved by Selectman Doyle, seconded by Selectman Saunders and
voted unanimously.
A request for the use of the Upper Green as a rest stop by the North Shore Cyclists for
their annual century ride on August 23`d was approved as moved by Selectman Saunders,
seconded by Selectman Doyle and voted unanimously.
Betty Collins, Anita Mansur and Barbara Purinton,representing the Yellow School for
the Arts Committee, addressed the Board regarding their progress to date with the
performance hall,the exterior of the school building and their next scheduled fund raiser,
which will be an"alumni reunion" on September 28th from 12 noon to 3 p.m. Invitations
were personally extended to the Selectmen for this event and Selectman Joy was asked to
open the ceremonies as past principal of the elementary schools. The ladies were thanked
for their kind invitation and their presentation of proposed plans for the school building.
Selectman Doyle advised he had obtained two quotes for the sandwich boards, but was
waiting for additional prices. He questioned where the funding for the boards would
come from. It was suggested it could be a town hall maintenance expenditure.
Mr. Ablow of 49`h Street Plum Island addressed the Board regarding the location of a
bench placed on the beach by the Hickey family. He stated he objected to the structure as
it is large and unsightly and he believed could set a precedent. He also cited a litter
problem. He asked the Board to rescind the permit they gave to allow the bench. The
Board agreed to investigate the problem and to work with the Conservation Commission
and the Beach Committee to develop a plan for items such as benches and walkways, but
did'not rescind the permit. Mr. Ablow asked to'be kept informed and to be place on the
next agenda.
The Pettingills of 4 Anchor Way cited a problem with an easement and a drainage pipe
that runs through their property from Anchors Way to Withington Street. They thanked
Tim Leonard for all his help keeping their property dry during the heavy rains. They
requested a copy of the easement as it does not appear on their deed. Tim, Counsel and
the Selectmen agreed they will work on getting quotes asap and will pursue alternative
solutions to the pipe as it is now. One of the problems being that the Pettingills have
built an addition over the pipe making it difficult to access. The Pettingills will be
advised when more information is available to the Board and a meeting will be
scheduled.
Selectman Saunders addressed off site meetings and conferences. Selectman Doyle is
scheduled to attend a conference at U-Mass in mid September. Selectman Saunders
suggested that a full report be made and, if possible, hand outs be obtained for the Board
members not attending. He suggested that in the future the Board should decide who will
attend and what can be gained from the conference/meeting.
Special department expenses were discussed,triggered by a request for reimbursement
for office supplies for a home office. Selectman Saunders suggested the Board think
about whether or not the public is bettered served by the Selectmen setting up a home
office and installing a second phone line. He moved to have the subject addressed again
at the first meeting in September and guidelines be set for reimbursement of expenses,
seconded by Selectman Doyle and voted unanimously.
DEPARTMENT HEAD MEETING
AUGUST 27, 2003
i
Bruce Saunders thanked everyone for attending. He stated the intent was to meet
together so we are more comfortable with each other's departments and to voice any
concerns or give input as needed. The meeting was opened to the floor. Present at the
meeting were: Alix McArdle, Alba Gouldthorpe, Barbara Cohen, John Keville, Doug
Packer, Tim Leonard, Sandy Small, Donna Stefanile, Kevin Blanchette, Evelyn Noyes,
Dave Mountain and Roger Merry.
Barbara Cohen advised that her office was available to all departments for information on
invoice payments and balances of accounts. Monday and Tuesday mornings are warrant
days so they are not the best time for questions.
John Keville noted that the waterways department was working well. There were no
current problems except for a need of a new truck and more storage space. John also
spoke on our computer system. A new server is needed, he advised. John& Gregg
Frappier are building one at an estimated cost of$2500. They are also putting together
three computers with more storage space at a cost of approximately$300 each- one for
John's office, one for Sandy in the Treasurer's office and one for Donna's Town Clerk
office. John and Bruce will meet to discuss hard drives for the computer system. The
web site is being used more and more by our citizens, John advised. Approximately
eleven hours a week are designated to maintaining and updating the web site. Input from
all departments is needed to keep this site up to date.
Doug Packer noted that fewer things are falling through the cracks. The Conservation
Commission has established good communication with the Board of Health and the
Building Inspector. A stamp has been purchased for plan approval to eliminate plan
switching. The CC has the authority to require permits/sign offs from all other boards
and has implemented some of this, especially with the Planning Board and the BOH.
Tim Leonard expressed his desire to have the Highway Department included on any sign
off lists for construction. This would enable him to check on possible damage to
roadways by equipment and also placement of walls and fences prior to an occupancy
permit being given out. On a good note,he stated,the Police Dpt. and Highway are
working together to keep the cruisers operational. One on going problem is winter
plowing and the erection of new fences and walls and fences that prevent his plows and
equipment from getting up and down the narrow streets. Bruce inquired if there was
some way the town could advise the citizens that the town will not be responsible for
damage to fences, walls, etc. if placed on or too close to town right of ways. Dave
Mountain advised that he was trying to get GIS surveys in place, which could help in
these matters. John Keville mentioned that he and Carrie had recently attended classes in
pictometry offered by MVPC. Dave suggested perhaps the town departments could
network to the Planning board printer for GIS and pictometry if needed for such uses. ,
Chief Merry spoke on space problems. He noted he will be proposing the purchase/lease
of a 12'x6'trailer(built to Mass code) which would house three offices, a foyer and
storage for his department at a cost of approximately $25K. This trailer could be set up
behind town hall and will be financed with grants and drug funds. This set up would
enable his department to process more than one investigation at a time. He also noted
that the front window in the entry of the police station needed to be more secure for the
safety of the dispatchers especially those working the late night shifts. He advised that
his department had purchased a CD writer with grant funds. This CD writer scans paper
documents and hand written records to CD's for storage thereby eliminating a storage
problem. It is available to all departments. He noted that most problems, of course,
could be solved with"money".
Sandy Small spoke on problems with kids on Library property this summer. She stated
Roger and his department had been most helpful. Barbara Cohen has also been a big help
getting figures ready for state review for certification. She noted that the Planning Board
often sends copies of subdivision plans to the library for public viewing and they would
welcome the same from all departments. Meeting space at the library is also offered
during regular operating hours, she advised.
Bud Kelly noted his was a small adequately manned office. He was unaware of any big
problems. He said he had some personnel based questions regarding vacation and sick
time policies and also some 911 concerns, which he will be address with the Selectmen at
the end of September.
Brownie Taylor suggested a group be formed to look at building needs for town offices
and possible uses of the Woodbridge School building. Dave Mountain advised that it
was part of the master plan that the Planning Board is currently working on. Bruce
acknowledged the space analysis proposal and hoped we didn't have to wait for the
master plan to be implemented to start work on these space problem needs.
Dave Mountain spoke on the interaction of the Planning Board with all other departments
and how helpful it is to deal up front with concerns before plans reach formal hearings.
He said his department would like to work closer with the Board of Health on large/multi
unit septic systems and large subdivisions. He suggested that perhaps the highway
department should look at their policies for plowing and maintaining private ways. Dave
and Donna spoke about the new code books. It is a great idea,they agreed, but very
expensive to keep updated. Donna said it was a budget oversight this year and will have
to be addressed next year. Dave advised that Gerrard Whitten of MVPC had developed a
new street map for the town but there were still a few loose ends. On the financial side,
the Planning Board is working with the accountant's office to deal with subdivision
funds. Dave stated he would like to get a sense from the other boards about the cost of
their time involved with subdivisions so that a fair fee could be set. The boards feeling
was that fees may need to be raised to compensate for this time. Doug Packer said that
r N the Conservation Commission was also looking at fees. Wetland fees collected amount
to about 20%and should be around 80%. The tax payers end up paying for application
reviews because our fees are too low. Tim Leonard said he would look at roads and
drainage and keep track of time involved also. Dave noted he would like to find a way
to do a community mailing. There seems to be no easy way to access a mailing list.
: Dave questioned our bridge replacements. He stated it was his understanding that the
transportation plan for the region had dropped the Rte 1 A bridge to the bottom of the list.
Bruce suggested letters from boards involved expressing their concerns about the safety
of the bridge. He will submitted these letters at his MPO meetings. Dave asked for a
wish list of needs and issues for the future for the master plan, which looks at 10 to 20
years down the road. The community vision plan should be ready by fall, he advised, and
all other issues will follow.
Evelyn Noyes noted that zoning was a small board that works closely with Brownie,
Doug and Martha Taylor of the Planning Board. Enforcement is sometimes a problem
but that usually falls on Brownie as enforcement agent. She noted she would like to see
more educational opportunities. The Collabrative from U Mass that ran courses at
Northern Essex but is not offering anything this year probably due to budget cuts. If
anyone hears of classes being offered,please let Evelyn know.
Alba Gouldthorpe thanked all the boards for their continuing support with special thanks
to Alix for use of the COA room for meetings. She expressed one complaint that there
was not more unity between the BOH and the Selectmen. Except for the everyday
problems that run with the job, she had nothing to report. She expressed her pleasure
with the new health agents and hoped all the boards would work closely with the girls.
Donna Stefanile asked why we suddenly have so many sub-committees and are they
.'� really needed. It is nice to get input from the citizens but all these extra committees seem
redundant. Bruce noted that these committees have a life span and once their goal is
attained they can be disbanded. If it is found that a committee is still needed after their
goal is reached then they should become a standing committee with a budget and an
chair, he noted.
Kevin Blanchette said he felt this meeting was a great idea. We are going forward
through a tough year and may be facing a second year of the same. We realize there will
be a need for some adjustments in FY04. The Finance Committee plans to work closely
with all boards after Labor Day for early input for the next budget session. An over-ride
may be needed for 05 unless we are able to do a little more belt tightening. Grant monies
were briefly discussed. Kevin expressed concern about the strings attached to some
grants. Dave Mountain suggested grants are good for consultant fees, equipment or
vehicles but not necessarily for long term ventures that could end up costing the town
money. Kevin agreed that a review of fee structures for services would be beneficial.
The Finance Committee will establish a liaison with larger accounts for work on a one on
one basis for next year's budget, he advised.
Alix McArdle agreed that a master plan and town use needs are very important.
t. However, confidentiality is a special need of the COA and they currently have no place to
sit and talk privately with our senior citizens. There are now 1100 seniors in town and
not enough space to service them. COA worked with grant funds to obtain a van and
now they need to look for funding for a driver. Transportation of seniors is a big issue
for the future. 40B development may be linked to a new senior center but often do not
work because if the seniors don't live there,they don't tend to come to meetings or
socials. $65 per senior is all that is spent by Newbury for the year. The council needs to
get information out to all our citizens to keep them informed. Evelyn Noyes noted that
communication is a problem. We hear about all the bad news but not the good things that
happen in our town.
Sandy Small inquired about stress training. She said her workers are worried about their
jobs, budget cuts and the uncertainty of things. Workers Comp and MIIA Wellness will
be researched to see if they offer any clinics on this subject.
Kevin advised that there is a municipal relief package set by the state for early retirement.
It has to be accepted by the Selectmen and town vote to set a cap on eligibility. The
Selectmen would have to accept it by October I"and the positions being vacated are not
to be replaced. It is something to be considered, he stated.
Bruce suggested the group meet again the last Wednesday in October(10/29)at 7:30 p.m.
(at the request of Dave Mountain due to his schedule at school). He noted that this
meeting reinforced the fact that we are all in the same boat. Everyone is compensating
and we encourage all departments to continue working together and to work closely with
the finance committee to set up next year's budget. We will follow up on some items
addressed tonight as a small agenda for the next meeting. It is not mandatory that
everyone attend,but if your department is on the agenda, we would appreciate your
�, participation. All, of course, are welcome. Thank you all for coming.
MINUTES
The Board of Selectmen met at 9:00 a.m. on September 2, 2003, for the purposes of
discussing the problem with the drain pipe easement across the property of Mr. and
Mrs. Pettengill on Anchor Way in Newbury, Massachusetts. Present at the meeting
were Selectman Richard Joy and Selectman Bruce Saunders. Selectman Michael
Doyle was absent. Also present were Town Counsel James Lagoulis, Highway
Surveyor Tim Leonard, and Bud Fournier of the Highway Department.
A discussion ensued regarding the responsibility of the town for the maintenance of the
pipe. Town Counsel Lagoulis advised the selectmen did have an obligation to maintain
the easement, but that the obligation had been impeded by the construction of the
addition over the easement, thereby creating an encroachment. The highway surveyor
then instructed the selectmen as to various possible solutions to the problem. After a
considerable discussion, it was agreed that, provided the Pettengills wish to do so, the
best solution to the problem would be to reroute the pipe so as to no longer have it run
under the addition to their house. Doing so would require the obtaining of an easement
from the Pettengills' neighbors and laying new pipe from the catch basin across the
easement to whatever pipe presently comes out on Withington Street. If the pipe were
rerouted along this new easement, which the Pettingills' would obtain from their abutter
and offer to the town without any expense to the town, it was agreed and moved by
Saunders, seconded by Joy, and voted by Selectmen Joy and Saunders that the
Selectmen would convey the present easement back to the Pettingills, and to bear the
expense of capping or removing the present drainage pipe up to the sum of$3,000.00.
It is understood by all parties that for the town to convey the present easement back to
the Pettingills such conveyance would require approval by a town meeting vote.
.333
Selectman Doyle briefed the Board on his meeting with a group of citizens and Senator
Tarr regarding JRM. Senator Tarr gathered information from the citizens, he noted,to
.possibly work with DEP and Mass Highway on some of the complaints. The Senator will
follow up with a meeting.with.the Selectmen.
Selectman Saunders noted that in order to close out for the news media and cable viewers
the issue of a violation of the open meeting law on June 26' filed with the DA's office by
Selectman Doyle and one month later by Nicholas Metcalf, the DA has ruled there was
no violation. The OTWD executive session was also briefly discussed. Selectman Doyle
asked for a copy of minutes of the session, as it is now open to public review. Counsel
advised that he had drafted guidelines for an executive session for all the Boards and
there should be no problems in the future.
Selectman Doyle produced a letter from Protection Fire Co. #2 asking that town hall
cease distribution of pamphlets on the P.I. Water/Sewer Project,because of a statement
that "fire protection will not be provided" if the project does not move forward.
Selectman Joy advised that this matter had been discussed at Monday's workgroup
meeting and a correction will be addressed by the company that put together the
brochure.
It was moved by Selectman Saunders and seconded by Selectman Joy to cancel the
meeting of August 26 h unless an emergency situation arises. A meeting can be quickly
pulled together with forty-eight hours notice if needed. Selectman Doyle voted no.
The meeting was adjourned at 8:40 p.m. as moved by Selectman Saunders, seconded by
Selectman Doyle and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF SELECTMEN'S MEETING
SEPTEMBER 9,2003
Chairman Joy called the meeting to order at 7:00 p.m. Selectmen Michael Doyle and
Bruce Saunders were present.
The minutes of the August 12t'meeting were read and accepted as moved by Selectman
Doyle, seconded by Selectman Saunders and voted unanimously.
or Verizon's plan#353, dated 8/4/03 to lay and maintain approximately
A public hearing f
ten feet of underground conduit in the area of the new Colby Farm subdivision at 176
Elm Street was declared open at 7:05 p.m. Joseph Gleason, Right-of-Way Agent for
Verizon, advised that the conduit would be laid in the soft shoulder of the roadway and
no asphalt cuts would be required. There being no questions, discussion or debate, it was
moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to
approve the petition as presented.
A request from the American Hand Fire Engine Society for use of the Upper Green on
Saturday, July 31, 2004 for a New England States Veteran Firemen's muster was
approved as moved by Selectman Saunders, seconded by Selectman Doyle and voted
unanimously.
A request from Anytime Anywhere Fitness for use of the Town Hall as an alternative
meeting place for exercise classes was denied as moved by Selectman Doyle, seconded
by Selectman Saunders and voted unanimously. It was suggested that Ms. Lacourse
contact the elementary school to see if she might use the small gym or senior center for
this activity.
335
A request from Triton Soccer U10 for use of the Lower Green weekdays from 4:30 p.m.
to 7:00 p.m. from September 2nd through November I"was approved as moved by
Selectman Doyle, seconded by Selectman Saunders and voted unanimously. A request
for Saturday usage was withdrawn by the U10 coordinator prior to the meeting.
Mrs.Nicholas Metcalf addressed the Board regarding the Upper Green Pond. She
advised that it was not in good shape at the moment and suggested remedies or possible
changes be discussed with the.Planning Board to see if the pond is addressed in the
master plan and the Historic Commission for their input. Mrs. Metcalf was thanked for
her concern and the Board will investigate corrective actions with the other boards.
Chief Merry briefly outlined the memorandum of understanding for interagency
assistance drawn up by the towns of Rowley, Georgetown, Ipswich, Boxford and
Newbury. This document has been reviewed and approved by Attorney Jack Collins of
the Mass Chief s Association, Chief Merry advised, and is necessary for accreditation and
certification of his department. An MOU is also being drawn up with Newburypoit but is
a little more involved due to several issues such as the sharing of Plum Island. It was
moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to
approved this MOU as presented.
Under old business Selectman Saunders gave a brief overview of his department head
meeting held on August 27d'. Selectman Saunders said he felt-it was a good start,well
attended and an agenda will be set for a second meeting the end of October. Selectman
Doyle asked about the meeting of September 2nd and the decisions made regarding the
drainage pipe and easement through the Pettingill property. It was suggested he contact
Counsel for legalities of the decisions reached. A letter from Stanley Price will be
addressed through Doug Packer of the Conservation Commission. The status of the
interim order of consent with the State will be reviewed with Counsel to see if a
conclusion has been reached. Selectman Doyle advised he had prices for indoor and
outdoor glass cases as well as sidewalk boards which he felt would better serve our needs
than sandwich boards. It was suggested he put together a proposal with prices and
number of each item needed for the next meeting.
Margaret Stokes and Matt Freedman representing the Library Trustees spoke regarding
possible de-certification of the library. An application for a waiver can be submitted but
only if the appropriation for 04 is brought into compliance with the guideline formula.
This would mean an additional $20K+of additional funding. A special town meeting
would need to be held prior to November 21"to approve this funding with an override to
proposition 2 1/2. The Selectmen agreed this situation cannot be unique to Newbury and
suggested other towns be surveyed to see what they are doing about this problem.
Selectman Doyle will make an inquiry at the conference at U Mass he will be attending
next week. The Finance Committee will also be contacted for their input as soon as
possible. Mr. Freedman advised that the Selectmen should call Sandy at the library for
names and telephone numbers of persons on the Mass Board of Library Commissioners
to call regarding this matter.
The meeting was adjourned at 7:55 p.m. as moved by Selectman Saunders and seconded
by Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
33,7
SELECTMEN'S MEETING
SEPTEMBER 23, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce
Saunders were present. The minutes of the September 9 b meeting were read and
accepted as moved by Selectman Doyle, seconded by Selectman Saunders and voted
unanimously.
A request for use.of the Upper Green by Cub Scout Pack#44 on Saturday, October 25`h
from 9 a.m. to 2 p.m. for their annual can/bottle drive and yard sale fundraiser was
approved as moved by Selectman Saunders, seconded by Selectman Doyle and voted
unanimously.
A request to close off Anchors Way from 12 noon to 1 p.m. on Saturday, October 4t'for
an outdoor wedding was approved as moved by Selectman Doyle, seconded by
Selectman Saunders and voted unanimously. Permission was also given for use the
school lot for overflow parking if needed.
Stephen Smith addressed the Board regarding an accusatory letter he submitted to them
concerning Walton's Oceanfront sale. The entire Board advised that while they were
aware of the sale,they had not met either the new owners or their attorneys. Chairman
Joy noted he had spoken with several other.boards and they all reported that this
transaction was handled the same as all others on Plum Island. Mr. Smith was asked to
seek clarification from the other boards if he was not happy with the answers received at
this meeting.
Selectman Doyle gave a brief overview of the MMA meeting and seminar he attended at
U-Mass and presented each Selectmen with copies of the information received at these
seminars. Mike touched briefly on each seminar topic. He reported it was a very
worthwhile meeting and a lot of interesting ideas were put forward. The message from
financial discussions was not good for FY05 and more cuts are anticipated. Library
funding was a hot topic at the meeting and there was a lot of speculation about waivers
for de-certification. The waiver application must be filed by October 24t'whether or not
we meet the guidelines, he noted. He stated he hoped to have more information on this
before the filing deadline. Chris Burgess of the Library Board of Trustees noted it was
his understanding that in order to file a waiver the guidelines must be met. He asked that
the Trustees be kept informed of any news.
Selectman Doyle also addressed Article 22 of the April 02 ATM providing for the
appointment of a five member committee to examine the working of our town
government and recommended'changes for a more effective and efficient delivery of
services. He noted that the auditor had recommended the town look at appointing a
"finance director" and it was agreed this was a good idea to pursue. Selectman Saunders
advised he had been giving this committee a lot of thought and had one person volunteer
already. Bruce suggested the Board look for persons who have daytime.hours available
as well as evenings as most town business is conducted during the day. It was agreed that
the Selectmen would try to find interested parties and a committee would be organized.
A proclamation for United Nations Day on October 20 was read and signed by the
Board and will be forwarded to the United Nations Association of Greater Boston for
their official ceremony.
The meeting was adjourned at 7:45 p.m. as moved by Selectman Doyle, seconded by
Selectman Saunders and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Secretary
cs
BOARD OF SELECTMEN'S MEETING
OCTOBER 14, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce
Saunders were present. The minutes of the September 23`d meeting were read and
accepted as moved by Selectman Saunders, seconded by Selectman Doyle and voted
unanimously.
As the Assessors were not in attendance, a letter from them to the BOS concerning a
supplemental tax assessment was read by Chairman Joy. After a brief discussion, it was
moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously to
accept the recommendation of the Assessors and reject the provisions of MGL Chapter
59, section 2D which imposes a supplemental property tax assessment on certain
improvements to real estate constructed after January 1"once an occupancy permit is
issued for fiscal years that begin oh or after July 1, 2003. A notice of rejection will be
submitted to the Department of Revenue.
A revised proposal from North East Mass Mosquito Control for ditching and phragmites.
control at the Boston Road Landfill/Transfer Station site was approved a presented as
moved by Selectman Doyle, seconded by Selectman Saunders and voted unanimously.
Chris Burgess representing the Library Trustees spoke about the waiver process and the
extra funding requested for the library budget to meet the policy requirements of the
Mass Library Board. He noted they had contacted the 35 members of the consortium and
had received 32 replies supporting this policy requirement for waivers, Mr. Burgess was
thanked for his time. Also speaking in support of the'additional funding for the library
were Ruth Lacasse(30 Rolfe's Lane),Jan Loring (166 Hay Street), Margaret Moughan
(45 Hay Street),Kathy Dunfee (65 Pearson Drive), Julia Kirst(244 Middle Road) and
Mark Schultz(244 Middle Road). All were concerned about losing their borrowing
privileges at the Newburyport library and other consortium member libraries if Newbury
is de-certified. Kevin Blanchette, Chair of the Finance Committee, advised his
committee was working with the trustees on filing the waiver application. He noted that
certification has nothing to do with the quality of library services, only the ability to
receive grant monies. The consortium made the decision to deny services if certification
if lost and the finance committee feels confident that the town will receive a waiver this
year,he stated. The Board thanked Kevin and.all who spoke for their time and input.
Paul Hargreaves of the NewburyByfield Little League questioned the establishment of a
softball field rather than a baseball field at Central Street as promised. Selectman Joy
advised that money had run out and suggested the Little League representatives attend the
next Recreation Committee meeting and bring this matter to their attention. Selectman
Saunders suggested getting a commitment from the Rec. Committee that designates one
field for Little League play. He noted that a grass infield would probably not be possible
for spring play but a pitchers mound and backstop were in the realm of possibilities.
Selectman Joy advised that if the Little League reps feel the Rec. Committee is not
cooperative,the BOS would step in to the process.
Selectman Saunders updated the Board on his progress with a Town Government Study
Committee. He noted he had five persons interested at this point (Richard Bazirgan, John
Hartnett, Sue McLeroth, Joe Story and Bill Tolman). Selectman Doyle suggested Dr.
Vincent Russo might also be considered and he would like to see resumes submitted to
the board. Selectman Doyle also noted he might submit he own name for consideration if
he did not run next year.
A Class II license was approved as moved by Selectman Doyle, seconded by Selectman
Saunders and voted unanimously for The Boston Sports Car Company for a showroom at
78 Hanover Street for used Ferrari and Porsche automobiles.
On the recommendation of the Council on Aging Board of Directors, Karen Mansur was
appointed as Director of the Council on Aging to replace Alix McArdle, as moved by
Selectman Doyle, seconded by Selectman Saunders and voted unanimously. A letter of
appreciation will be sent to Alix for her years of service. It is with deep regret that we
write this letter, noted the Board.
The meeting was adjourned at 8:30 p.m. as moved by Selectman Doyle and seconded by
Selectman Saunders.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
OCTOBER 28, 2003
Chairman Joy opened the meeting at 7:00 p.m Selectmen Michael Doyle and Bruce
Saunders were present. The minutes of the October 1.4 meeting were read and accepted
as presented as moved by Selectman Doyle, seconded by Selectman Saunders and voted
unanimously.
Speed regulation#7842 for Middle Road was briefly discussed. Chief Merry explained
the process of applying to the State for a change in a speed limit and noted the limits set
by the State can either be accepted by the Town or voted down but cannot be changed or
amended. The Town cannot set a speed limit. Chief Merry recommended acceptance of
this regulation. Selectman Joy read the regulation as presented by the State and a motion
was made by Selectman Doyle and seconded by Selectman Saunders to accept. The
matter was open to discussion. Tom Howard(65 Middle Road),John Gallant(5 Middle
Road) and Janice Irving (7 Middle Road) all spoke of the need of signage and
enforcement of a speed limit on this road. While they disagreed with the limits set by the
State,they all felt it could only be an improvement if enforced diligently. Speed
regulation#7842 was accepted by a unanimous vote of the Board.
A request from Cub Scout Pack 44 for use of the Kent Way fields for toy rocket launch
some time in November was approved by the Board as moved by Selectman Doyle,
seconded by Selectman Saunders and voted unanimously.
The Class II License for The Boston Sports Car Company approved at the October 14t`
meeting was signed by the Board.
At 7:25 p.m. a five minute recess was called. At 7:30 the meeting was reconvened and
the legal notice for a public hearing for tax classification for FY04 was read by
Selectman Joy. Budd Kelley, Chair of the Board of Assessors advised that his Board was
unable to present their recommendations as all the information needed had not been
compiled to date. He requested a continuance of the hearing to the next Selectmen's
meeting on November 2501. The hearing was continued to 11/25/03 as moved by
Selectman Doyle, seconded by Selectman Saunders and voted unanimously.
The meeting was adjourned at 7:35 p.m. as moved by Selectman Doyle and seconded by
Selectman Saunders.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
NOVEMBER 17, 2003 .
Chairman Richard Joy opened the meeting at 7:55 p.m. Selectmen Michael Doyle and
Bruce Saunders were present. Chairman Joy asked for a motion to enter into executive
session jointly with the Board of Health to discuss strategy with respect to ongoing
litigation with JRM. It was moved by Selectman Doyle to enter into executive session,
seconded by Selectman Saunders. A roll call vote was taken with the following results:
Selectman Doyle-yes, Selectman Saunders-yes, Selectman Joy-yes. Chairman Joy
announced that the meeting would not reconvene in open session at the conclusion of the
executive session.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF SELECTMEN MEETING
NOVEMBER 25, 2003
Chairman Joy opened the meeting at 7:00 p.m. Selectmen Michael Doyle and Bruce
Saunders were present. The minutes of the October 28d'and November 17d`meetings
were read and accepted as moved by Selectman Saunders, seconded by Selectman Doyle
and voted unanimously.
Chair of the Board of Assessors, Budd Kelley,requested a second continuation of the tax
classification hearing originally scheduled for the October 28d'meeting. It was moved by
Selectman Doyle and seconded by Selectman Saunders to continue the hearing to the
December 9d`meeting. Mr. Kelley thanked the Board and the citizens for their
understanding.
A contract was signed for Judy Tyman who replaced Betsy Ware as the Planning Board
Consultant.
A request from Ben Sylvanowitz of D&J Liquors asking to extend their Sunday hours
from 12 noon to 8 p.m. to 12 noon to 9 p.m. to coincide with their regular closing hours
was approved as moved by Selectman Doyle, seconded by Selectman Saunders and voted
unanimously.
At 7:10 p.m. Senator Bruce Tarr was welcomed to the meeting., Senator Tarr updated the
Board on his work as an intermediary with DEP and Mass Highway concerning activities
at JRM on Newburyport Turnpike. The two points being investigated are 1)a curb cut
permit from Mass Highway and 2) environmental conditions at the site and getting DEP
involved in inspections. Site visits have been made and violations noted, especially the
presence of white goods and over-nighting. Senator Tarr suggested the Board of Health
also make regular visits to further enforcement action. Senator Tarr noted he had spoken
with the owner, Jim Motzkin and Mr. Motzkin laid out his plans for the future of the
property,,which he hopes can be worked out with the town and state agencies. Senator
Tarr advised he would follow up with Mass Highway regarding the curb cut issue and
continue his commitment to the town. He was thanked for his time and work on behalf of
the community.
License/permit fees for 200.4 were reviewed and approved.as moved by Selectman Doyle,
seconded by Selectman Saunders and voted unanimously.
A letter of denial from Mass Highway for a traffic signal at the intersection of Hanover
Street and Rte. 1 was briefly discussed with Chief Merry. The Chief advised he would be
meeting with Mike Karas, engineer from Mass Highway on Tuesday, December 2nd to
discuss lane markings and signage. Chief Merry suggested if the Board wished to pursue
this matter,they should work through Representative Stanley and Senator Tarr.
'1
APPOINTMENTS TO A SUB-COMMITTEE REPORTING TO
THE BOARD OF SELECTMEN UNDER THE NAME OF
TOWN GOVERNMENT STUDY COMMITTEE
MEMBERS (voting)
Richard Bazirgan
John Hartnett
Dr. Vincent Russo
Joe Story
Dan Valianti
ALTERNATE MEMBERS (non-voting)
Sue McLeroth
William "Howie" Tolman
Appointments approved by majority vote at the Selectmen's meeting held on
November 25, 2003.
:
Liquor license renewals were reviewed and approved as moved by Selectman Doyle and 345
seconded by Selectman Saunders for the following establishments: Village Diner/Pub,
Oldtown Country Club, Comer Cupboard, D&J Liquors, PJ's, Dick's Variety, Mr. Moe's,
Byfield General Store,Atty. Mays Beachcomber, Newbury Convenience, JR's 19`"Hole
and the Plum Island Grille Inc.
A"payment of claims" rider for the firefighters accident and sickness policy was signed
by the Board.
The Board approved the purchase of two glass cases for posting meeting notices at town
hall and five sign boards. Selectman Doyle will handle the ordering and placement of the
cases when received.
Recommendations for the "town government study committee" were made by Selectman
Saunders. Five voting members and two alternate non-voting members were
recommended to maintain the continuity of the task at hand, This committee will be
under the direction of the Board of Selectmen and subject to all open meeting laws,
Saunders stated. Selectman Saunders moved to approve the appointments as submitted.
Selectman Doyle noted that there was no one on the list from Byfield, no newcomers and
he objected to Sue McLeroth as an alternate member. The motion was seconded by
Selectman Joy and a vote taken. Selectmen Joy and Saunders voted to approve.the list as
submitted, Selectman Doyle voted no as he felt he could support only the five members
and not the two alternates.
A press release from the Mass Town Clerks Assoc.recognizing Donna Stefanile's
qualification as a certified Mass Town Clerk was read by Chairman Joy and
congratulations were extended to Donna for her achievement.
It was moved by Selectman Saunders, seconded by Selectman Doyle and voted
unanimously to extend the Thanksgiving holiday through Friday for town workers.
It was moved by Selectman Doyle and seconded by Selectman Saunders to accept the
recommendation of the COA Director, Karen Mansur to re-write job descriptions for
their staff positions thereby creating a new staff position. No additional funding is
required to attain this re-structuring:
A letter from the Division of Marine Fisheries announcing the conditional re-opening of
the Merrimack River Clam Flats was read by Chairman Joy.
An E-mail concerning the possible elimination of the state's recycling program due to
budget cuts was discussed briefly. Selectman Doyle recommended the Selectmen write a
letter to the state in support of maintaining a recycling budget for staff to work with
communities as a resource, seconded by Selectman Saunders and voted unanimously.
The Board asked that persons interested in serving on a"cable committee" to negotiate
our upcoming contract with Comcast, submit their names to the office for consideration.
Selectman Doyle advised that in discussions with John Donovan of CDM it was stated
that if the water/sewer project goes over budget the whole town will be responsible for
payment of the overage. Selectmen Joy and Saunders stated it was their understanding
that all costs would be paid by betterments charged to P.I. residents only. It was agreed
they would further investigate this question.
The meeting was adjourned at 8:10 p.m. as moved by Selectman Saunders and seconded
by Selectman Doyle.
Respectfully submitted,
Kathleen Sirois, Secretary
J;
347
SELECTMEN'S MEETING
DECEMBER 9,2003
Chairman Joy opened the meeting at 7:55 p.m. Selectmen Michael Doyle and Bruce
Saunders were present.
The public hearing for tax classification, continued from the October 28 h meeting; was
opened. Budd Kelley, Chairman of the Board of Assessors recommended a single tier
tax rate as in the past as only about 3%of the town's properties are zoned commercial or
industrial. The Assessors also advised they did not recommend the residential exemption
or the small commercial exemption. Mr. Kelley noted the projected tax rate is $8.,63 but
this rate has not yet been certified by Boston. A motion was made by Selectman Doyle,
seconded by Selectman Saunders and voted unanimously to accept the recommendation
of the Board of Assessors. Mr. Kelly was thanked for his presentation.
The minutes of the November 25th meeting were read and accepted as amended as moved
by Selectman Doyle and seconded by Selectman Saunders. The amendment requested by
Selectman Doyle was to add his discussion concerning who would pay for overruns on
the water/sewer project. Selectman Doyle stated he was advised by John Donovan of
CDM that if the project goes over budget,the whole town would be liable for the extra
costs. Selectman Joy stated he checked with the P.I. Project Coordinator, George
Gustafson and he believed it would be paid thru betterments by.only the P.I. residents.
Bruce Saunders also stated that according to all documents he had seen, all costs would
be borne by P.I. residents. BOH Chair Alba Gouldthorpe said she spoke with CDM at a
recent meeting in Boston and was also told all costs would be borne by the residents of
P.I. Selectman Joy suggested they try to get a definitive answer to this question to clarify
the matter.
Christmas on the Green was approved by the Board. The festivities will be held Sunday
December 14`" starting at 3 p.m.
The Christmas holiday schedule for town employees was approved as moved by
Selectman Saunders, seconded by Selectman Doyle and voted unanimously. Town Hall
will close Wednesday(12/24) at noon and remain closed Thursday(12/25) and Friday
(12/26).
Selectman Doyle moved to retain the BOS meeting scheduled for Tuesday, December
23`d as posted. Should there be no business before the board,the meeting will be
cancelled prior to that evening, The motion was seconded by Selectman Saunders.
General business license renewals were approved for the following as moved by
Selectman Doyle, seconded by Selectman Saunders and voted unanimously- Mad
Martha's; Stor-U-Self Self Storage, Roots to Wings Yoga Studio, Pheasant Meadow
Farm,Newbury Butchery, Haven II, Steve's Service, Sadie's for Hair, Henry C. Becker,
The Quilted Acorn Shoppe, Precision Automotive Restoration Inc., Atty. May's, Atty.
May's Beachcomber, Longfellow Hill Beauty Shop,Newbury Gallery, Olde Newbury
Boat Co., Pearson Hardware,P.I.T.A.,Tolman Automotive, Wilco Marine Restorations,
Checkoway Oil Company, Bill's Auto Repair, A.L. Prime Energy, Fernald's Marine,
Colonial Coiffures, Wheelhouse Parking, Surfland Bait &Tackle Shop, Byfield General
Store, Robert E. Carleton, Karen's Dog Grooming of P.I., and Noyes Citgo.
Class II license renewals were approved for the following as moved by Selectmen Doyle,
seconded by Selectman Saunders and voted unanimously- Special Interest Autos of
Newburyport, US #1 Auto Marine, and Highline Auto.
Selectman Doyle updated the Board on the work being done by the Solid Waste &
Recycling Committee. They are currently working on ticketing and fees for white goods,
large items, TV's, monitors etc. The committee has questioned whether this matter
should be a BOS or BOH issue. Selectman Joy suggested a joint meeting when
construction on the transfer station begins and these matter can then be worked out, Alba
Gouldthorpe, Chair of the BOH asked who was currently on the Solid Waste Committee
and she advised that during the BOH meeting with DEP on December 2nd, Mr. Carrigan
of DEP complained that a member of this committee had been calling him at his home
even on Sundays. Mr. Carrigan advised that this takes valuable time away from the
review and approval of the TS project. Selectman Doyle asked for a name and Alba
refused to give that information during a public meeting.
349
A request from Atty. May's Beachcomber for a one-day entertainment license.for New
Year's Eve and the extension of her operating hours and liquor license to 2 am. on New
Year's Eve was granted as moved by Selectman Doyle and seconded by Selectman
Saunders:
A request from the Village Diner&Pub to extend operating hours to 1:30 a.m. and their
liquor license to 1:00 a.n on New Year's Eve was granted as moved by Selectman Doyle
and seconded by Selectman Saunders. Permission for a 2-3 piece band for their New
Year's Eve celebration was also approved.
On the recommendation of Chief Merry, Stephen Jenkins was appointed as a part-time
civilian dispatcher as moved by Selectman Saunders, seconded by Selectman Doyle and
voted unanimously.
Treasurer,Jim Cashman advised that bids had been accepted today to renew our bond
anticipation notes in the amount of.$2,263,000. The bid was awarded to Soverign
Securities Corp. LLC at a net interest rate of 1.1945%. This temporary borrowing will
provide monies for the water/sewer project, a portion of the recreation fields and the first
$100K for the start of the transfer station project. Clerk,Michael Doyle read and
certified the official vote for the BAN.
The meeting was adjourned at 8:20 p.m. as moved by Selectman Doyle and seconded by
Selectman Saunders:
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF SELECTMEN'S MEETING
JANUARY.13, 2004
The meeting was opened at 7:00 p.m. by Chair Richard Joy. Selectman Michael Doyle
was present. Selectman Bruce Saunders was absent. The minutes of the December 9 h
meeting were read and accepted as moved by Selectman Doyle and seconded by
Selectman Joy.
The legal notice for a public hearing relative to the layout and acceptance of public ways
for the limited purpose of constructing, installing and maintaining a common sewer
system and municipal water system and related improvements was read by Selectman Joy
as well as a recommendation from the Planning.Board that the Selectmen approve these,
plans.. George Gustafson, P.I.P.C. explained the background of the need for acceptance
of the roads listed. He advised that notices had been sent to abutters and the legal notice .
had been published in the News December 29`h and January 5 h as required. It was moved
by Selectman Doyle to approve the layout and acceptance of the roads as listed and
seconded by Selectmen Joy. The motion was opened to discussion or comments. Peter
Murphy, owner of lot UO2-45 asked for a delay in the vote until the next meeting to allow
him time to confer with his attorney. Steve Mangion of 10 Street noted that while he
supported the motion before the Selectmen,at the Planning Board hearing the possibility
of some land surveys being conducted prior to laying any lines was discussed. There
being no other comments or discussions, Selectman Doyle moved to table the vote until
the next meeting to allow Mr. Murphy time to contact his attorney, seconded by
Selectman Joy and voted unanimously.
License renewals were reviewed and approved for the following as moved by Selectman
Doyle and seconded by Selectman Joy- General business: Norbeck Sterling, Leonard's
Parking Lot,P.I. Grille Inc., Byfield Trading Co., Applied Automotive Technology, AGJ
Woodcrafting& Woodworking,Newbury Convenience Store, PJ's,Tendercrop Farms,
Mae Atkinson Antiques, Riverfront Marine.Sports, A Newbury Setting, Dick's Variety,
Parker River Trading Post,Lexa's Day Spa, High Tail .Acres, Detailz Unlimited, Twelve
Rogers Lane Antiques, Candy L.Way-Foster,Reeves Automation, Adelynrood
351
Conference and Retreat Center, Deb's Place, Mr.Moe's, BD Automotive, Josette's Adz &
Loom,Diamond Marine, Volpone Towing, Olde Byfield Expo Tea Room, International
Antique Mart, Schneller's, Art&Camera, Kym's Romp &Roll Doggie Playground, Bob
Lobster, Williamson Parking Lot,Plum IslandEnterprises, Main Street Mini Mart&
D&J Liquors,Milestone 35,Village Diner/Pub, D.J. Mac's, German Autosport. Class II:
Angie's Service Station, Boston Sports Car Co., Corvette Center,AEL Trailer Sales, Olde
Byfield Management, ;Supply Inc. A Class III license for Newbury Auto Sales was
tabled by Selectman Qyle, seconded by Selectman Joy until reviewed by Counsel.
A new license for allant Pool.&Spa Inc..@ 96 Newburyport Tpke. was approved as
moved by Select Doyle and seconded by Selectman Joy.
Selectman Doyle addressed'a' letter received from'DPW Director Tim Leonard regarding
plowing and the siting of mailboxes. As roads must be plowed full width for public
safety it was suggested that mailboxes should be.placed off the edge of the road and on
owner's property. Selectman Doyle noted that most lots do not run to the edge of the
pavement. The Town owns a buffer on each side of the paved way. A copy of the letter
will be posted on the bulletin board for residents to review. It was moved by Selectman
Doyle and seconded by Selectman Joy to ask that boxes be moved off town ways.
James Gormley of High Road, in response to a statement made at the last meeting by
BOH Chair Alba Gouldthorpe,read a letter he had received from John Carrigan of DEP
stating that the permitting of the transfer station was proceeding in a regular time frame
and no delays resulted from the calls received from Mr. Gormley regarding JRM. The
rumor about Gormley's replacement on the Solid Waste Committee was put to rest as
Selectman Joy noted that appointments would not be made again until July 1'and there
had been no conversations regarding who would be on that committee.
On the recommendation of Chief Merry the following promotions within the police
department were made as moved by Selectman Doyle, seconded by Selectman Joy and
voted unanimously: Lawrence Kent&Patricia Gallagher, fulltime student officers and
Michael Reilly, Lieutenant.
The "regulations for the clam industry and taking of seaworms" for April 2004 to April
2005 were reviewed and approved as moved by Selectman Doyle and seconded by
Selectman Joy.
The meeting was adjourned at 7:32 p.m. on a motion by Selectman Doyle; seconded by
Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF SELECTMEN'S MEETING
JANUARY 27, 2004
The meeting was opened at 7:05 p.m. by Chair Richard Joy. Selectman Michael Doyle
was present. Selectman Bruce Saunders was absent. The minutes of the January 13th
meeting were read and accepted as moved by Selectman Doyle and seconded by
Selectman Joy.
r
The legal notice for a pole hearing, Mass Electric Plan#669, dated 12/30/03 was read by
Selectman Joy. John Butler of Mass Electric advised that this petition for a pole on P.I.
Turnpike was at the request of Mass Highway who will be abandoning their underground
service for above ground service in this location. It was moved by Selectman Doyle and
seconded by Selectman Joy to approve the petition as presented.
355
In accordance with Section 10, Chapter 103 of the Acts of 2003,the Selectmen approved
the layout and acceptance of the following public ways for the limited purpose of
constructing, installing and maintaining a common sewer system and municipal water
system and related improvements:
1. An unnamed road off Old Point Road between I Oh Street and Macleod
Avenue for a distance of 160 feet from the centerline of Old Point Rd.
2. An unnamed road off 20a' Street for a distance of 100"feet
on a motion by Selectman Doyle, seconded by Selectman Joy and voted unanimously.
Licenses were renewed for Express Auto @ 61 Main Street and Poor Richard's Barn @ 2
Newman Road as moved by Selectman Doyle and seconded by Selectman Joy.
A one-day special permit for the sale of alcoholic beverages was approved for Protection
Fire Co. #2 for Saturday, March 13"from 6 p.m. to 9 p.m. as moved by Selectman Doyle
and seconded by Selectman Joy. The permit fee was waived.
A one-day special permit for the sale of alcoholic beverages was approved.for Anna
Jaques Hospital Aid Association for Great Chefs Night at GDA on Friday, March 12th
from 6 p.m. to 12 midnight as moved by Selectman Doyle and seconded by Selectman
Joy.
The warrant for the State Presidential Primary Election to be held March 2, 2004 was
signed by the Selectmen and will be posted by a Constable..
The meeting was adjourned at 7:25 as moved by Selectman Doyle and seconded by
Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF SELECTMEN'S MEETING
FEBRUARY 10, 2004
Chairman Joy opened the meeting at 7:00 p.m. Selectman Michael Dole was present.
Selectman Bruce Saunders was absent. The minutes of the January 27 meeting were
read and accepted as moved by Selectman Doyle and seconded by Selectman Joy.
The renewal of a memorandum of understanding for the joint operation of a regional ,
animal shelter with Newburyport and Rowley was reviewed and signed by the Selectmen '
on a motion by Selectman Doyle, seconded by Selectman Joy.
A request from the Byfield/Newbury Baseball League for use of the Upper Green ball
field during April, May and June on Mondays, Wednesdays and Fridays from 5 p.m. to
dusk and weekend afternoons from 12 noon to 5 p.m:_was approved as moved by
Selectman Doyle and seconded by Selectman Joy. t
On the recommendation of the Recreation Committee a fee schedule for use of the
Central Street fields was reviewed and approved as moved by Selectman Doyle and
seconded by Selectman Joy. The fee schedule is as follows:
Triton Youth Organizations $20/player/season
Triton Adult Organizations $20/game
For Profit Organizations $100/field/2hr. block
One Time Use To be determined individually
Non Profit Organizations To be determined individually
All fees collected are to be used for the maintenance and improvements of the fields.
557
A letter from Chief Merry advised that during recent alcoholic beverage checks,two
stores (Dick's Variety and Comer Cupboard) failed. As this is a first time for each
establishment, he.recommended a verbal warning followed up by a letter from the
licensing authority. It was moved by Selectman Doyle and seconded by Selectman Joy to
accept the Chief s recommendation..
On the recommendation of Chief Merry,Jim Gately was appointed as Newbury Dare
Officer as moved by Selectman Doyle and seconded by Selectman Joy.
A request from Dr. &Mrs. Day of 15 Fordham Way to install underground utilities was
discussed. George Gustafson, P.I.P.C. for the P.I. Water/Sewer Project stated he was not
opposed to the request but it would be at the owners peril and expense when the
water/sewer lines are put in place. Selectman Joy noted that a layout of the service and a
hold and harmless agreement would have to be in place prior to final approval.
Selectman Doyle moved to table the request until plans and an agreement are received
from the owners, seconded by Selectman Joy.
The following persons were appointed to the Cable TV Advisory Committee on a motion
by Selectman Doyle, seconded by Selectman Joy: Jon Foley, Jim Newton, Worthen
Taylor III, Doug Packer and Jim Gormley.
Selectmen Doyle questioned the.Triton budget and suggested Dr.Murphy be invited to
attend the next Selectmen's meeting. Selectman Joy stated he would try to set up a
meeting with Dr.Murphy, the Selectmen and the Finance Committee at the first
opportunity they are available.
Selectman Doyle questioned GDA's tax free status, especially concerning the golf course
and the number of students schooled by the town. He suggested these issues be brought
to the table with input provided by the school on these matters.
The meeting was adjourned at 7:25 p.m. as moved by Selectman Doyle and seconded by
Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
FEBRUARY 24, 2004
Chairman Joy opened the meeting at 7:05 p.m. Selectman Michael Doyle was present. A
minute of silence in memory of Bruce Saunders was called by Chairman Joy..
The minutes of the February l 0'meeting were read and accepted as moved by
Selectman Doyle and seconded by Selectman Joy.
The vacancy on the Board of Selectmen was announced and papers are available at the
Town Clerk's Office for this position.
A new application for a Class II License to buy& sell second hand vehicles for Jeff
Greenwood d/b/a Diamond Marine @ 6 Newburyport Tpke. was reviewed. Mr.
Greenwood briefly described his business and plans. The license with a restriction of a
maximum of six vehicles on display at any time was approved as moved by Selectman
Doyle and seconded by Selectman Joy.
A request from the Newbury Clammers Softball League for use of the Upper Green ball
field on Tuesday and Thursday evenings from 5:30 p.m. to dusk April through September
was approved as moved by Selectman Doyle and seconded by Selectman.Joy.
359
Selectman Doyle asked that a meeting be set up with the Finance Committee to discuss
budgetary priorities for submittal to Senator Tarr's office.
It was moved by Selectman Doyle and seconded by Selectman Joy to enroll the town in
S.T.A.R. (Stand Together Act Responsibly) at a cost of$25 per year. Selectman Doyle
will review the package provided by Jerry Klima a member of the.Board of Directors of
S.T.A.R.
Selectman Joy announced that the warrant for the Annual Town Meeting was officially
open. It will close to petition articles on March 23`d
A letter from the Town Clerk requesting pay increases for poll workers was reviewed and
approved as moved by Selectman Doyle and seconded by Selectman Joy.
At 7:25 p.m. it was moved by Selectman Doyle and seconded by Selectman Joy to enter
into executive session to discuss ongoing litigation. A roll call vote was taken: Doyle,
yes and Joy, yes. Selectman Joy announced that the board would not reconvene in open
session. The meeting was adjourned to executive session at 7:25 p.m. as moved by
Selectman Doyle and seconded by Selectman Joy.
Respectfully submitted,
Kathleen Sirois; Secretary
BOARD OF SELECTMEN
MARCH 2, 2004
The meeting was opened at 6:00 p.m. by Chair Richard Joy. Selectman Michael Doyle
was in attendance. Selectman Joy asked for a motion to convene in executive session to
discuss ongoing litigation with JRM. Selectman Doyle moved to convene in executive
session, seconded by Selectman Joy and voted unanimously. A role call vote was taken.
Selectman Doyle, yes; Selectman Joy, yes. Selectman Joy announced that the meeting
would not reconvene in open session at the close of the executive session.
Respectfully submitted,
Kathleen Sirois, Secretary
R
3�61
SELECTMEN'S MEETING
MARCH 23, 2004
Chairman Joy opened the meeting at 7:00 p.m. Selectman Michael Doyle was present.
The minutes of the February 241h and March 2nd meetings were read and accepted as
moved by Selectman Doyle and seconded by Selectman Joy.
It was moved by Selectman Doyle and seconded by.Selectman Joy to approve the
conveyance of the grant of the restrictive covenant and conservation restriction for lands
(known as Colby Village) as described within each document, in accordance with M.G.L.
6.40, section 8c.
It was moved by Selectman Doyle and seconded by Selectman Joy to accept the rate
proposal from MIIA for health and dental insurance for FY05. The proposal assumes a
rate increase of 2% for medical plans and 3%for dental plans.
The nomination of Deborah Knight as Inspector of Animals and.Carol Larocque as.
Assistant Inspector of Animals was approved as moved by Selectman Doyle and
seconded by Selectman Joy.
License renewals were approved for Pert Lowell Co. Inc., Lanes End and Buddy's
Books, 152 High Road on a motion by Selectman Doyle, seconded by Selectman Joy.
Paul Ivaska, representative of Fr. Sears Memorial Park Advisory Committee reported on
their work to date. He requested permission to post notices around town asking for input
from the residents for designs for the park. The Board had no objections to this posting.
A proposal from Troy Carr, abutter, for the purchase of a small piece of the park land was
briefly discussed. Selectman Joy suggested the Selectmen meet with the Committee to
review this proposal. Mr. Ivaska was thanked for his time and input.
The Selectmen acknowledged the receipt of a notice of sale for the Kozazcki properties
on Parker Street as required under Ch.61 A, section 14 on a motion by Selectman Joy,
seconded by Selectman Doyle. It was moved by Selectman Doyle and seconded by
Selectman Joy to take this notice under advisement in order to confer with Counsel.
John Hartnett of the Government Study Committee recommended that Howie Tolman,
Sue McLeroth and Richard Passeri be appointed as regular voting members of the
committee rather than alternates. This recommendation was accepted as moved by
Selectman Doyle, seconded by Selectman Joy and.voted unanimously.
On the recommendation of the COA Board of Directors the following persons were
appointed as moved by Selectman Doyle and seconded by Selectman Joy to form a
"Senior Center Building Committee": - Karen Mansur, Steve Wetherbee, Karen Watson,
Evelyn Noyes, John Salter, Richard Passeri and Joyce Davis.
On a motion by Selectman Doyle, seconded by Selectman Joy, Ron Garand was
appointed to the Cable TV Advisory Committee.
The meeting was adjourned at 7:20 p.m. as moved by Selectman Doyle and seconded by
Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
363
SELECTMEN'S MEETING
APRIL 7, 2004
Chairman Joy opened the meeting at 7:03 p.m. Selectman Michael Doyle was present.
The minutes of the March 23`d meeting were read and accepted as moved by Selectman
Doyle and seconded by Selectman Joy.
The Board acknowledged the receipt of the annual license fees from Comcast for 2003
and voted to accept a check in the amount of$1200.50 as moved by Selectman Doyle and
seconded by Selectman Joy.
At the request of the Town Clerk, Harry Fish was re-appointed to the Board of Registrars
for the three year term as moved by Selectman Doyle, seconded by Selectman Joy and
voted unanimously.
A request from Boy Scout Troop#44 for use of the Woodbridge School area for a yard
sale on Saturday, May 8`"was approved as moved by Selectman Doyle, seconded by
Selectman Joy and voted unanimously.
A request from the Newburyport Art Association fo hang a banner advertising their Yd
Annual Art Auction on May 17`h on the Upper Green back stop was approved as moved
by Selectman Doyle and seconded by Selectman Joy.
A request from the Plum Island Surfcasters Juniors for use of the Upper Green pond and
field to conduct their annual fly and surf casting clinic on May 151h from 9 a.m. to 1 p.m
was approved as moved by Selectman Doyle and seconded by Selectman Joy.
On a motion by Selectman Doyle, seconded by Selectman Joy it was voted unanimously
not to accept the following question for the ballot for the May I Ph election:
Shall the Town of Newbury be allowed to assess an additional$81,730.00 in real
estate and personal property taxes for the purpose of funding the operating budget
of the Newbury Town Library for the fiscal year beginning July 1, 2004.
Selectman Doyle advised that at the Finance Committee meeting Tuesday evening,the
Finance Committee had voted unanimously not to support this article/ballot question.
On a motion by Selectman Doyle, seconded by Selectman Joy it was voted unanimously
to place the following question on the ballot for the May I Ith election.
Shall the Town of Newbury be allowed to asses an additional $595,000.00 in real
estate and personal property taxes for the purpose of funding the operating budget
of the Town,the Triton Regional School District assessment, and the Whittier
Regional Vocational Technical High School District assessment for the fiscal year
beginning July 1, 2004.
Selectman Doyle advised that he would be submitting a warrant article for town meeting
to establish a study committee for the purpose of determining the feasibility of
establishing a joint(regional) library to serve the towns of Newbury and Georgetown.
The exact wording of this article is to be determined.
The meeting was adjourned at 8:12 p.m. as moved by Selectman Doyle and seconded by
Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
365
SELECTMEN'S MEETING
APRIL 13, 2004
Chairman Joy-opened the meeting at 7:02 p.m. Selectman Michael Doyle was present.
The minutes of the April 7th meeting were read and approved as moved by Selectman
Doyle and seconded by Selectman Joy.
George Gustafson, P.I.P.C. of the P.I. Water/Sewer Project addressed the Board
regarding certification of an"authority to file" for both the sewer collection system and
water distribution system and related facilities. Selectman Doyle moved to authorize the
Chairman of the Board of Selectman on behalf of the Applicant to file applications and
execute agreements for grant and/or loan assistance as well as furnishing such
information, data, and documents pertaining to the applicant for a grant(s)and/or loan(s)
as may be required;and otherwise to act as the authorized representative of the Applicant
in connection with these applications for both the sewer collection system and water
distribution system and related facilities. This motion was seconded by Selectman Joy
and voted unanimously. The Town Clerk will certify that Richard Joy is the present
Chair of the Board of Selectmen.
At 7:15 p.m. a pole hearing for Mass Electric's plan#670, dated 2/18/04 was called to
order. John Butler, representative of Mass Electric, advised that the petition was to
install eight new poles on Boston Road to accommodate service to the new transfer
station site. Selectman Joy noted that the Town was having problems with Mass Electric
regarding pricing for the three phase service proposed for the transfer station. The
Selectmen asked Mr. Butler is he could supply names of the persons in engineering and
customer service for the town so that a meeting could be arranged for further
negotiations. Mr. Butler agreed to provide the office with contacts. It was moved by
Selectman Doyle and seconded by Selectman Joy to table plan#670 until an agreement
can be reached with Mass Electric.
Martin Chatterton addressed the Board on behalf of the Little League. He explained
about their fundraising and the improvements they wished to make to the field on Lunt
Street. The first project being to erect four light poles. Opposition was raised by the
former owners, Cynthia and Jim Mackay.. Selectman Joy advised that the Little League
committee should first present their plans to the Recreation Committee for their
recommendations. Selectmen Joy and Doyle also suggested that the Mackays meet with
their counsel and Jim Lagoulis(Town Counsel)to further research the P&S agreement
and deed for this property in question. Work on the lights will be stopped until a decision
is reached by Counsel. Both Selectmen agreed they would like to see the parties come
together to find a workable solution.
An agricultural license for the haying of two fields in the parcel known as Great Meadow
Farm was approved by the Selectmen as moved by Selectman Doyle and seconded by
Selectman Joy.
A request from the Parker River Clean Water Association to hang a banner on the Upper
Green back stop advertising a day-long event called "Celebrate Biodiversity"was
approved as moved by Selectman Doyle and seconded by Selectman Joy.
On the recommendation of Chief Merry, Daniel A. Cena was appointed as a full time
police officer contingent on receipt of grant funds from UHP. This was moved by
Selectman Doyle and seconded by Selectman Joy.
The warrant for the annual town meeting which is to be held on April 27`h was reviewed
and signed by the Selectmen.
The meeting was adjourned at 8:00 p.m. as moved by Selectman Doyle and seconded by
Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
367 .
SELECTMEN'S MEETING
APRIL 27, 2004
Chairman Joy.opened the meeting at.6:30 p.m. in the NES auditorium. Selectman
Michael Doyle was present. This meeting was called to address lights on the Pearson ball
field for Little League night games,their season having begun.
Selectman Doyle made a motion that the Newbury Board of Selectmen approve the
installation and use of lights at the Pearson Ballfield on Lunt Street, Byfield, and it is the
desire of the Board of Selectmen that all parties strive to end all activities by 9:00 p.m.
Bearing in mind the health and safety of the children, all lighting will terminate no later
than 9:30 p.m. Failure to adhere to this motion could result in revocation of the use of
lights. Should a special occasion arise,the Selectmen may grant a waiver of the above
regulation. This motion was moved by Selectman Doyle, seconded by Selectman Joy
and voted unanimously.
The Byfield/Newbury Baseball League Committee submitted to the Selectmen a night
game schedule showing six games in May and two in June. They noted that this
schedule, however,does not take into consideration possible rain dates or re-scheduled
games.
There being no other discussions or business before the board,the meeting was adjourned
at 6:37 p.m. as moved by Selectman Doyle and seconded by Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF SELECTMEN'S MEETING .
MAY 21, 2004
The meeting was called to order at 9:0.5 a.m.by Selectman Joy. Vincent Russo and
Charles Bear were welcomed to the:Board. On a motion by Selectman Bear, Selectman
Russo was nominated as Chair, seconded by Selectman Joy and voted unanimously. On
a motion by Selectman Russo, Selectman Joy was nominated as Clerk of the Board,
seconded by Selectman Bear and voted unanimously.
Warren Manter, Chair of the Recreation Committee, addressed the Board.briefly
regarding the Recreation Committee and the Central Street fields. Joseph Kennedy was
mentioned as a possible new member of the playground committee... .It was.suggested that
-Mr. Kennedy submit a letter of interest to the Selectmen for their consideration.
Irrigation, seeding and maintenance of the fields,trash receptacles and the signs for.the
playing fields were discussed: It was agreed that in order to clarify the signs for the
public,the wording "on the playing fields"would be added to. "no dogs.allowed".
Pooper scooper signs will be posted at the end of the runway and along the river/marsh,
where animals are allowed. Mr. Manter suggested an additional sign be posted showing
the location of the fields and noting whether they are open or closed. He also advised
that he had been approached with a request for use of the fields by Circus Smircus, a
children'"s circus for the benefit of Theater in the Open(Newburyport). The circus
proposed setting up a large tent on the field on August3"d for shows on the 4d`and`5d': It
was unanimously decided by the Board not to allow this type of activity at this time as
the grass is newly established and no event guidelines or fees have been established.
The meeting was adjourned at 9:45 a.m. as moved by Selectman Russo and seconded by
-Selectman Bear.
Respectfully submitted,
Kathleen Sirois, Secretary
F
369
SELECTMEN'S MEETING
MAY25, 2004
Chairman Russo opened the meeting at 7:05 p.m. Selectmen Richard Joy and Charles
Bear were present.
A request for a one-day special permit for the sale of alcoholic beverages for a Governor
Dummer Academy reunion on Saturday, June 12, 2004 from 12 noon to 12 midnight was
approved as moved by Selectman Joy, seconded by Selectman.Bear,and voted
unanimously.
Jackie and William Prizer of 29 Southern Blvd. addressed the Board concerning a
proposed purchase/transfer of a.triangular sliver of town land that is currently encroached
upon by their parking area and leach field. The Board unanimously agreed they had no
problem with this proposal but it would need to go the town meeting for a vote of the
residents. The Prizers will be advised of the documentation necessary to_move-forward
with this proposal.
At 7:15 p.m. the public hearing was opened for the transfer of a"wine and malt—
package store"license from PJ's to Turquoise, LLC d/b/a PJ's Variety Store. Attorney
O'Flaherty representing the owner of Turquoise, Jeanne Geiger, advised that the
operation of the business would remain the same. Bonnie Roberts who was in attendance
would be the manager of the store. Ms. Roberts is experienced in the food service
business. The fmal sale of the property is contingent on the transfer of this license, which
must be approved by ABCC if the town grants the transfer. Ms. McNeal has held this
package store license for approximately thirty years. Selectman Joy moved to grant the
transfer, seconded by Selectman Bear and as there was no further discussion, voted
unanimously.
Zoning amendments from the Planning Board were accepted for the STM warrant and
returned to the Planning Board for final public hearings.
Chairman Russo advised that the Board would hear persons wishing to speak relative to
the Lunt Street-ball-field lights. He would allow approximately 20 minutes and asked
that the individuals speak one at a time with no interruptions and state their name and
address. A petition of one hundred signatures against the lights on the Little League field
was submitted to the Board. Speaking against the lights were John Ashton and Virginia
Hallman,2 Lunt Street; Betty Bear Collins,Newburyport;Lois Anderson, 31 Riverview
Drive; Andy Hawley, 69 Central Street; Linda and Arthur Allen, 103 Central Street; Ann
Brown, 2 Lenway Road; James and Cynthia Mackay, 48 Main Street; Joanne Purinton,
36 Main Street,Richard Johnson, 28 Main Street and Nicholas Childs,4 Lunt Street.
Speaking in favor of the lights were Bill Keller, 12 Knobb Hill and Greg Thon, 9
Scotland Road. Chairman Russo thanked everyone for coming and expressing their
opinions. He noted the town must be patient for the judicial process to run its course.
The following persons were appointed as members of the Triton Regional Agreement
Review Committee on a motion by Selectman Joy, seconded by Selectman Bear and .
voted unanimously—James Cashman, John Matthews, J. Frank Remley, Dave Taylor,
Nancy Taylor, Gene Case (alternate from Finance Committee) and Kathleen Spurling,
alternate.
The warrant for the Special Town Meeting to be held June 22, 2004 was declared open.
It will be closed to petition articles June 1". It was noted by Dick Cunningham that the
warrant must be-posted fourteen day prior to the meeting.
The minutes of the May 21"meeting were read and approved as moved by Selectman
Joy, seconded by Selectman Bear.and voted unanimously.
The meeting was adjourned at 7:55 as moved by Selectman Joy, seconded by Selectman
Bear and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Secretary
a
571
SELECTMEN'S MEETING
MAY 27, 2004
The meeting was opened at 6:00 p.m. by Chair Vincent Russo. Selectmen Richard Joy
and Charles Bear were present.
The legal notice was read for a public hearing on the application of George Gustafson,
-Coordinator of the P:I: Water/Sewer'Project for a special permit pursuant to section 97=6J
and a finding of fact pursuant to section 97-47.18 of the Newbury Zoning Bylaws, for
construction of a vacuum pump station on premises located between Olga Way and
Webber's Court(Assessors's Map UO2-171)which is in the Agricultural/Residential
District. Tear sheets, letter of denial"from the Building Inspector, certified abutters list
and receipts for notices to the abutters were submitted to the board. Mr. Gustafson
advised the board of a typo in the documents which states section 97-6J and should read
section 97-6I. Mr. Gustafson explained the application for the pumping station and what
would-be involved in the construction: He also asked the board to find favorably that the
water/sewer system is a"municipal use"owned and operated by the.Town of Newbury
pursuant to Newbury Zoning Bylaw section 97=47-18. Questions regarding noise, odor,
the generator and filter were fielded from the audience. At the close of discussions, it
was moved by Russo, seconded by Selectman Bear and voted unanimously to
grant the special permit for the project as presented in accordance with section 97-61 of
the Newbury Zoning Bylaws. It was also moved by Selectman Joy, seconded by
Selectman Bear and voted unanimously to grant the finding accepting the water/sewer
system as a municipal use owned and operated by the Town of Newbury pursuant to
section 97-47.18 of the Newbury Zoning Bylaws. Don Finnochio of the Newburyport
Water--Commission and George Gustafson also addressed the chlorine booster station
designed for town property located on the right side of the bridge entering the island.
This station will be a 10'x15' cement structure built into the'side of the banking within
the right of way of P.I. Boulevard. The building will house three I I5gallon tanks of
bleach and several small pumps. After a brief discussion, it was moved by Selectman
Joy, seconded by Selectman Bear and voted unanimously to grant permission to construct
this chlorine booster station as presented on the submitted plans. -
The minutes of the May 25th meeting were read and accepted as moved by Selectman
Joy, seconded by Selectman.Bear and voted unanimously.
Harbormaster appointments as follows were reviewed and accepted as presented for
FY05 as moved-by Selectman Joy, seconded by Selectman Bear and voted unanimously.
Chief Harbormaster Glenn Gavin
Deputy Hubor raster Michael Burke
Lt. Harbormaster Robert Watson
Sgt.Harbormaster Harold J. Schwartz
Assistant Shannon Haskell
Reserves Bradley Frost and Russell Stiles
Harbormaster Helper Open
Glenn Gavin and Robert Watson addressed the Waterways Rules and Regulations with
the Board. Lt. Watson explained the changes requested and noted that these changes
would bring our regulations into compliance with state regulations, thereby eliminating
contradictions in the law. After a brief discussion it was moved by Selectman Joy,
seconded by Selectman Bear and voted unanimously to approve the rules and regulations
as presented. Glenn, Bob and John were-thanked for their time and input.
The meeting was adjourned at 7:25 p.m. as moved by Selectman Russo and seconded by
SelectmanBear.
Respectfully submitted
Kathleen Sirois, Secretary
373
SELECTMEN'S MEETING
JUNE 3; 2004
Chairman Russo opened the meeting at 8:15 a.m. Selectmen Richard Joy and Charles
Bear were present.
The Board discussed re-establishing a Personnel Board. Dr. Russo noted that it should be
a-five-member board with one member nominated by the employees of town. A memo
will be sent out asking for a list of up to three names for consideration. A few names
being considered are John Murphy, Don Bade, and Steve Salvo. It was moved by
Selectman Russo,seconded by Selectman Bear and voted unanimously to resurrect the
Personnel Board.
Suggestions for uses for the Woodbridge School were briefly discussed. Selectman
Russo noted that the school building is a town asset that is deteriorating. He asked for
permission to research-alternative best uses of the property and to have the property
appraised by a certified commercial appraiser.'It was decided by the Board that a
committee should be established to investigate alternative uses of the school building and
Dr. Russo will notify the residents of town at the-special town meeting of this decision.
The Byfield Day parade was discussed. Selectman Russo suggested the Selectmen
march in the parade if possible. He also noted that they had been invited to a Little
League double header on Friday evening starting at 6 p.m. to view the field under the
lights.
It was agreed by the board that both the revised IMA and the MOU voted by the Old
Town Water District would be included in the warrant to preclude any further questions
related to the article asking for approval of the amended IMA.
The board approved an article for the warrant which will authorize the Selectmen to sell a
small piece of the Fr. Sears.property to abutter,Troy Carr to settle a lot line dispute. The
buyer-will be responsible for all closing costs.
As both Selectmen Russo and Joy will be out of town for the P.I. Workgroup meeting
scheduled for Monday, June 10', Selectman Bear agreed to represent the town.
The board announced they would be looking for volunteers for a"375"'Anniversary"
committee. Rather than put it in an article, it was decided that Dr. Russo will make an
announcement at the special town meeting.
The possible purchase of the Kozazcki property under Chapter 61 A was discussed.
Counsel will send aletter to the Mayor and'Newburyport Water Commission asking for a
definitive answer as to whether or not they have any interest in this purchase. A meeting
will also be organized for Dr. Russo to meet with the Mayor. Counsel advised that Mr.
Kozazcki is willing to work with the town but does need a show of good faith to continue
negotiations.
The-Board accepxed one article for the warrant from the Planning Board addressing the
OSRD. Judy Tymon advised there are other changes in the works but they will not be
ready until the spring meeting.
On the recommendation of Chief Merry, the following persons were appointed as
lifeguards for the 2004 summer season as moved by Selectman Joy, seconded by
Selectman Bear and voted unanimously.
Emily Antone Richard Conklin Courtney Germaine
Chris Germaine Matthew Fonseca Kathryn Koxkowski
Cassie Sancartier Bethan Noonan Kerry Sampson-Schena
On the recommendation of Chief Merry, Stephen W. May was appointed to the position
of ReserveTolice Officer as moved by Selectman Joy, seconded by Selectman Bear and
voted unanimously.
375
A letter from Judy MacDonald of Hanover Realty Trust requesting permission to change
the existing Trucking business at 90 Hanover St.to a non-industrial office building was
briefly discussed. Doug Packer advised that from the Conservation Commission's stand
point it would-be a good move with less impact to the wetlands but he could foresee the
need for special permits from zoning. It was agreed by the Board that.they were wilrmg
to work with the MacDonalds but would need a full set of plans and more information
including negotiations"regarding the fine levied against the business by the courts.,
Counsel will advise the MacDonalds of this decision.
It was moved by Selectman Joy and seconded by Selectman Russo to designate
Selectman Bear as liaison to the Fire Companies and to allow him to investigate through
the State Fire Marshall.'.s.office the legality of establishing two fire districts.
The meeting was adjourned at l l a.m. as moved by Selectman Joy and seconded by
--Selectman Bear.
Respectfully submitted;
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JUNE 8, 2004
Chairman Russo opened the meeting at 7:15 p.m.. Selectmen Richard Joy and Charles
Bear were present.
The minutes of the May 271"meeting were read and accepted as moved by Selectman
Joy, seconded by Selectman Russo and voted unanimously.
The minutes of the June 3rd meeting were read and amended changing the word
depreciating to deteriorating in the third paragraph. The minutes as amended were
accepted as moved by Selectman Joy, seconded by Selectman Russo and voted
unanimously.
The warrant for the Special Town Meeting to be held on June 22aa was signed by the
Selectmen and will be posted by Constable Richard Cunningham.
At 7:25 p.m. a public hearing was held on Mass Electric's plan#671,672,673 dated
4/29/04 to locate poles, wires and fixtures, including necessary sustaining and protecting
fixtures, along Boston Road as shown on the plan to supply three-phase power to the new
transfer station. Peter Glenn of Massachusetts Electric explained the project and
answered questions from the board regarding costs and other options investigated.
Nicholas Metcalf and Jim Gormley noted that the land on the south side of Boston Road
is conservation land and they would not like to see this pristine expanse interrupted by
telephone poles. Mr. Gormley also brought up the need for system upgrades on the
Green Street end of Boston Road. The comments were duly noted by the Board and upon.
due consideration the plans were approved as presented as moved by Selectman Joy,
seconded by Selectman Bear and voted unanimously.
Mark Friery of the Plum Island Grille addressed the board with a request fora one day
entertainment license for Sunday, June 20'`from 5 to 8 p.m. He asked to have a jazz trio
play' without amplification, inside the restaurant. It was moved by Selectman Joy,
seconded by Selectman Bear and voted unanimously to approve the request as there have
been no problems in the past.
Greg Pugh of Mad Martha's asked the board to consider a proposal to.sell cold drinks,
sandwiches and salads from a temporary stand on the ocean side of the property in front
of the dunes in the area of 48/50 Northern Blvd. Letters of support from the immediate
neighbors at 48 and 50 Northern Blvd. were submitted to the board. Selectman Joy noted
that Mr. Pugh would need to speak with the Health Agent about the types of sandwiches
and salads he could offer. Chief Merry advised taking the matter under advisement until
the other establishments in the vicinity could be polled to see if there were any
objections. Selectman Russo noted that a policy needs to be.set for.this type of operation
.37 7
and asked Mr. Pugh to hold off until the board could decide on a policy for this proposed
plan.
On the recommendation of Chief Merry the following persons were appointed to the
Northern Essex Regional Local Emergency Planning Committee as moved by Selectman
Bear, seconded by Selectman Joy and voted unanimously:
Co-Community Coordinators Douglas C. Janvrin, Jr.
Dana M. Davis
Fire Department
Byfield Douglas C. Janvrin, Jr.
Newbury Dana M. Davis
Police Department. Gregg V. Frappier
Public Works(Highway) Timothy A. Leonard, Sr.
Emergency Management Roger S. Merry
Schools Susan Fallon
Town Official Charles D. Bear
Conservation Committee Douglas Packer
Health Agent Deborah Rogers
Health Nurse Judy Anderson, R.N.
EMS Coordinators
Byfield Fire Scott Morency
Newbury Fire Eric Hanson
On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously it
was agreed that the building permit fee will be waived for the construction of the new fire
station on Central Street in Byfield.
A request from Sarah Seamens, on behalf of the Girl Scouts,to use the Upper Green for a
Girl Scout Ceremony on Friday, June l Ph from 5:30 to 6:30 p.m. was approved as moved
by Selectman Joy, seconded by selectman Bear and voted unanimously.
The meeting was adjourned at 8:00 p.m. on a motion by Selectman Joy and seconded by
Selectman Russo.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JUNE 22, 2004
Chairman Vincent Russo opened the selectmen's meeting at 9:20 p.m.in the NES
gymnasium at the close of the Special Town Meeting. Selectmen Richard Joy and
Charles Bear were present.
Selectman Russo recommended four names for consideration for the Personnel Board—
Stephen Salvo, John Murphy, Don Bade and Susan Noyes(employee rep.). It was moved
by Selectman Joy and seconded by Selectman Bear to accept the recommendations for
the personnel board as presented.
A letter from Paul Daubitz, Constable requesting inclusion in the town's health insurance
plan was read and the request was postponed indefinitely on a motion by Selectman Joy,
seconded by Selectman Bear and voted unanimously.
A request from S.P.N.E.A.to hang a banner on the Upper Green back-stop beginning
July 2°d to advertise Declaration Days, an annual event at the Little Farm on Little's Lane
was approved as moved by Selectman Joy, seconded by Selectman Bear and voted
unanimously.
A letter from William Hickey of 49`h Street was read and discussed. Mr. Hickey
requested permission to have a survey of the access way to beach at 49d' Street done with
private funds, no cost to the town. He also asked the town to enforce the right of access
once surveyed and to deal with any tampering of the markers that may take place. After a
brief discussion,.it was moved by Selectman Joy and seconded by Selectman Russo to
allow Mr. Hickey to move forward with the survey at his expense to establish the access
way to the beach at 49a' Street. The town's responsibility and enforcement procedures
will be determined at a later date.
Newbury's proposal.for a traffic signal at the intersection of Hanover Street and Rte. 1,
which was denied by Mass Highway, was briefly discussed. It was determined that
letters would be sent to Representative Stanley and Senator Tarr asking for help in
securing funding for the installation of a signal at this location.
The meeting was adjourned at 9:45 p.m. on a motion by Selectman Joy, seconded by
Selectman Russo.
Respectfully submitted;
Kathleen T. Sirois, Secretary
SELECTMEN'S MEETING
JULY 13, 2004
Chairman Vincent Russo opened the meeting at 5:05 p.m. Selectmen Richard Joy and
Charles Bear were present. The minutes of the June 22°d meeting were read and accepted as
moved by Selectman Joy and seconded by Selectman Bear.
On the recommendation of the Fish Commissioners the clam flats known as Pork Island and
Tony's will be open effective immediately and Mud Creek will be closed until further notice,
on a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously.
A proclamation was read and signed supporting the week of July 17-24, 2004 as'Lead
Poisoning Prevention Week". This proclamation will be sent to the Merrimack Valley Lead
Poisoning Prevention Program headquarters in Lawrence,MA for a promotional event to be
held on July 17a`in Methuen.
A request by the North Shore Cyclists bicycle club for use of the Upper Green on Saturday,
August 28 h for a 50-mile rest stop on their annual century ride was approved by the
Selectmen as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously.
t3 �1
A request from the Byfield Parish Church for use of the Upper Green on Saturday, September
11�'for family activities during their annual family retreat weekend was approved on a.
motion by Selectman Joy, seconded by Selectman Bear and voted unanimously.
A request from Bert Snow and David Davies of the Coastal Trails Rover Project to site their
Coastal Trails Signpost sculpture on the Upper Green on the morning of September 25 h was
approved on a motion by Selectman Joy, seconded by Selectman Bear and voted
unanimously.
Two license transfers.were approved as moved by Selectman Joy and seconded by Selectman
Bear—PJ's common victualler, milk and Sunday ice cream licenses were transferred to
Turquoise LLC and Kym's Romp &Roll Doggie Playground general business was
transferred to Darren Page d/b/a Romp&Roll Doggie Playground.
Approval having been received from ABCC,the Package Goods Store Wine&Malt
Beverage license for Turquoise LLC d/b/a PJ's Variety Store was signed by the Selectmen.
The Board acknowledged receipt of the Refuge revenue sharing check in the amount of
$77,592 for FY03.
On the recommendation of the Historic Commission,Marcia Peirce and Charles Purinton
were appointed as members of the Commission as moved by Selectman Joy, seconded by
Selectman Bear and voted unanimously.
On the recommendation of the Planning Board Joseph Story was appointed to the Board to
fill a vacancy created by the resignation of Erich Griebling as moved by Selectman Joy,
seconded by Selectman Bear and voted unanimously. This appointment will be until the next
election in May 2005.
The Board approved the establishment of a committee to research future uses of the
Woodbridge School. It was moved by Selectman Joy and seconded by Selectman Bear to
appoint Tom Clark,Jennifer Tucker,Margaret Albrecht,Debra Cooper,Mike Tamagna and
Gregory Cavanaugh to the Woodbridge School Advisory Committee.
The Board also approved the establishment of a new Personnel Board. Steve Salvo,Donald
Bade,John Murphy, Susan Noyes, Susan Frangipane,Peg Frederickson and Paul Baia were
appointed on a motion by Selectman Joy, seconded by Selectman Bear and voted
unanimously.
Appointment renewals including Police appointments for FY05 were reviewed and approved
as moved by Selectman Joy, seconded by Selectman Bear and voted unanimously. The list
of appointments is on file at the Selectmen's Office.
Selectman Bear related a proposal from John Ashton, of 2 Lunt Street,to landscape a small
area between his property and the Library parking lot. After a brief discussion,,it was
suggested that Mr. Ashton work with the Parks Department as a volunteer which would
eliminate liability on the part of the town and keep control of the land within the town.. This
decision was moved by Selectman Russo, seconded by Selectman Bear and voted
unanimously.
A request from Protection Fire Co. 42 to hold a"boot drive" for muscular dystrophy on
August 1'and September 5 h from 8a.m. to 4p.m. at the intersections of High Road,Hanover
Street and Rolfe's Lane was approved as moved by Selectman Joy,seconded by Selectman
Bear and voted unanimously.
Protection Fire Co. #2 requested a meeting with the Selectmen and Finance Committee to
discuss their 05 budget and the proposed 11%reduction. It was determined that a time would
be established with Kevin Blanchette and coordinated with the Fire Co.
The Board briefly discussed the coming meeting at Triton with Rowley, Salisbury,the
School Committee and our Legislators. It was determined that Newbury's position would be
to listen, collect information and ask some pertinent questions. At 6:15 p.m. it was moved by
Selectman Joy and seconded by Selectman Bear to recess and reconvene at the meeting at
Triton scheduled for 7 p.m. The meeting was adjourned at Triton at 9:25 p.m. on a motion
by Selectman Joy, seconded by Selectman Bear.
Respectfully submitted,
Kathleen Sirois, Secretary
3 �3
SELECTMEN'S MEETING
JULY 16, 2004
Chairman Vincent Russo opened the meeting at 8:07 a.m. Selectmen Richard Joy and
Charles Bear were present.
The warrant for the State Primary Election to be held on September 14''was signed by
the Selectmen and will be posted by a Constable.
Chairman Vincent Russo asked if the Board would consider convening in executive
session for the purpose of discussing strategy for current ongoing litigation. A motion
was made to move to executive session by Selectman Joy and seconded.by Selectman
Bear. A roll call vote of the members was taken: Chairman Russo-yes, Selectman Joy-
yes and Selectman Bear-yes. Chairman Russo announced that the meeting would
reconvene in open session at the close of the executive session. At 8:15 a.m. the Board
recessed to convene in executive session with Counsel James Lagoulis.
The Board reconvened in open.session at 10 a.m. Chairman Russo noted he was pleased
with the new Personnel Board appointments as all members have wide experience in
human resources. He asked the Board to consider a bylaw change for the next Town
Meeting which would change the Personnel Board from five members to seven members.
In the meantime they will work with five members and two alternates. The Selectmen
agreed to draw up a warrant article for the next Town Meeting. The Woodbridge School
Advisory Committee was also discussed and it was noted that the addition of Greg
Cavanaugh places two architects on the committee which should bring about some
interesting recommendations.
The meeting was,adjourned at 10:15 a.m. on a motion by Chairman Russo, seconded by
Selectman Joy.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
JULY 22, 2004
Chairman Russo opened the meeting at 7:05 p.m. Selectman Charles Bear, OTW
Commissioners Bashaw, Story and Walker, Counsel James Lagoulis, Mr. &Mrs. Matt
Kozazcki and J. Leonard were present.
The meeting was called to further investigate the Parker Street well site. Chairman Russo
opened the floor to Matt Kozazcki. Matt advised that they had a serious buyer for the
well and he needed a definite yes or no from the Town. He presented a proposal to
personally hold a mortgage on the site with yearly/monthly payments from the town until
such time as the well goes on line. If the well should go bad he would take it back with
no strings. The well is expected to yield approximately 500,000 gallons per day, he
noted. The house and one acre would be withdrawn from the sale. A long discussion
ensued regarding Newburyport's 40% surcharge to current Newbury customers,
development of an infrastructure and who would pay for it,town meeting approval, and
Newburyport's interest or lack of same regarding the well. In April, Newburyport had
said they were interested in the town securing the well and Newburyport might look at
future development of this site as a water source. Lagoulis noted that Newburyport has
not instructed Newbury to buy the well. While historic data is available on the well, it
was determined that a current prolonged pump test will be needed. This test will show
3,85
the amount of water beingdrawn from the aquifer. Chairman Russo noted that during his
9
last visit with the Mayor she had intimated that she would arrange this testing. It was
decided that a definite yes or no was needed from the Mayor and the Newburyport Water
Commission as soon as possible. Without their commitment Newbury cannot move
forward. While Newburyport is looking at 5-10 years down the road, a commitment is
needed now said, Bashaw.
Kozazcki and Leonard accused the town of dragging their feet on the 61A release. Matt
noted he had a buyer that will give him 1.25 million dollars in 120 days and then the
town can deal with a land taking.from the new owners. Matt asked the town to sign off
on the release so that he could move forward and he and Mrs. Kozazcki angrily left the
meeting. Counsel noted that the town never received a copy of the P&S, only a contract
to purchase, so the clock had not legally run on the 61A release. He again asked Mr.
Leonard for a copy of the P&S. Leonard responded that he felt it was unethical to hold
up this sale and he no longer had any faith in the town purchasing the property. He said,
this property was offered to the town four years ago and over the past 120+ days since
we've had another buyer there has been no movement by the town towards a purchase or
a release. Both the Selectmen and the Commissioners stated they did not want to tie Matt
up any longer. Chairman Russo will contact the Mayor and ask her for a date certain to
get a pump test scheduled. If Newburyport says no, the town will immediately release
the property. The Selectmen and Commissioners while sympathetic to the problems said .
they cannot move on the sale without support from Newburyport and they assured
Leonard they would not hold up the release or sale any longer than needed.
The terms of the MIA between Newbury and Newburyport and the MOU signed by the
OT Water Commissioners were discussed along with the potential development along
Rte. 1 that is being explored by both Newbury and Newburyport.
The meeting was adjourned at 8:40 p.m. on a motion by Chairman Russo, seconded by
Selectman Bear.
Respectfully submitted,
Kathleen Sirois, Secretary .
SELECTMEN'S MEETING
JULY 27, 2004
Chairman Russo opened the meeting at 7:03 p.m. Selectmen Richard Joy and Charles
Bear were present. The minutes of the July 13th and July 16th meetings were read and
accepted as moved by Chairman Russo, seconded by Selectmen Joy and voted
unanimously.
Chairman Russo announced that the Town would begin a search for a building inspector
to replace Brownie Taylor who is stepping down from the position. Interested parties
may apply at the Selectmen's Office.
An easement from Mass Electric to install and maintain power lines at the transfer station
was reviewed and approved as presented on a motion by Selectman Joy, seconded by
Selectman Bear and voted unanimously.
On the recommendation of the Planning Board, Geoffrey Walker was appointed as a
member of the Woodbridge School Advisory Committee as moved by Selectman Joy,
seconded by Selectman Bear and voted unanimously.
Appointments for the Board of Fire Engineers, Forest Warden and Deputy Forest
Wardens were considered. Dave Foley of Protection Co. #2 asked that these
appointments be tabled. Charles Knight said he would not accept his nomination as he
was not selected by his company. Selectman Bear suggested he accept the position and
fight for his company. He explained the reason for a five man board and the mandatory
monthly meetings. After a brief discussion, Selectman Bear moved to continue the
appointments to the meeting of August IOth, seconded by Selectman Joy. In the interim
a meeting will be scheduled with Steve Cohen of the Fire Marshall's office,the Finance
Committee and the Fire Companies.
587,
It was moved by Selectman Joy and seconded by Selectman Bear to allow the creation of
a new full time position for town planner/grant writer. This person would work in a
triage position with the Planning Board. The Personnel Board will be asked.to generate a
job description for this position.
A request from PICA in conjunction with the Historical Society of Old Newbury to hold
an antique show and sale in May of 2005 on the airport grounds was continued to the
meeting of August I&on a motion by Selectman Joy, seconded by Selectman Bear to
allow Counsel •time to check on the legal ramifications of permitting this show.
The Selectmen voted unanimously to support the Planning Board in their joint application
with the City of Newburyport for a Priority Development Grant of$100,000 from the
Department of Housing and Community Development. This grant, if received, will allow
the town and city to jointly study the feasibility of re-developing the commercial area
along Rte. 1.
On a motion by Selectman Joy, seconded by Selectman Bear, the Board also voted
unanimously to support the Planning Board in their application for a peer-to-peer
technical assistance grant in the amount of$1000 which would pay for consulting
services to assist the town in developing a housing strategy.
Chairman Russo asked Counsel for an update on the Parker Street well site. Counsel
reported he had spoken with Mr. Lawler of the Newburyport Water Commission and
asked they provide the town with a letter with specific instructions or commitment by
their next meeting.
The Triton School monthly assessment was briefly discussed. The Governor's veto of
the"pothole fund" has been overturned by the House and Senate and Representative
Stanley will be working on behalf of Newbury to procure funds for our shortfall, advised
Chairman Russo. A Special Town Meeting as scheduled for October 5, 2004.- It was
moved by Selectman Joy and seconded by Se ectman Bear to prepare an article for this
meeting warrant to increase our assessment an monthly payment to Triton. No change
or increase will take place until it is voted at th October meeting.
The subject of possible misuse of lights at the B field Little League field was raised. The
Board agreed to table the discussion until litigati n is finalized. Selectman Joy noted that
the Police have been asked to investigate the lights being put on late in the evening and a.,
new timer and locks will be put in place in the nekt few days.
The recent survey and staking of the 49t' Street right of way to the beach was discussed.
Chairman Russo advised he had recommended the orange stakes be removed and the
permanent pins be covered with PVC pipe to prevent accidents. Debbie Small of 12-491'
Street questioned the town's interest in marking the right of way. The residents who paid
to have the survey done reported that it was marked because the path used for many years
had been changed by the Ablows and the old path was no longer usable or
distinguishable. A brief debate ensued. Chairman Russo suggested the neighbors get
together and decide if permanent markers should be installed and if so what they should
look like. Doug Packer of the Conservation Commission briefly addressed the bench and
proposed walkway for this right of way along with the handicap regulations. He
suggested that if the markers should be removed, ties be recorded from permanent
structures so that the right of way can always be sited correctly. The Board
recommended the pins and pipes be left alone for the period of one year and then if the
path is clearly marked they may be removed upon prior notification to the Selectmen.
On a motion by Selectman Bear, seconded by Selectman Joy, Joseph Kennedy was
appointed as a member of the Recreation Committee.
The meeting was adjourned at 8:25 p.m. as moved by Selectman Joy and seconded by
Selectman Bear..
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
AUGUST 10, 2004
Chairman Russo opened the meeting at 7:10 p.m. Selectmen Richard Joy and Charles
Bear were present.
Commendations were presented by Chairman Russo to Jeanne MacDonald and Edward
Donnelly, along with flowers and a Newbury flag, in recognition of their efforts to rescue
Phil Lepore from the P.I. Basin on July 18, 2004. Both parties were thanked for their
valor.
The minutes of the July 27d'meeting were read and accepted on a motion by Selectman
Joy, seconded by Selectman Bear and voted unanimously.
A request from CAB Health&Recovery Services of Danvers for use of the Upper Green
as a rest stop on September 18di from 10 a.m. to 2 p.m. for their"Bike for Life" fund
raiser was granted on a motion by Selectmen Joy, seconded by Selectman Bear and voted
unanimously.
The revised Inter-Municipal Agreement voted at the June 22nd Special Town Meeting
was signed by the Board and will be forwarded to Newburyport for final signatures.
The Board voted unanimously to award contract#1 to SB General Contracting Inc. of
Westwood, MA in the amount of$2,947,156.42 and contract#2 to D&C Construction
Co. Inc. of Rockland, MA in the amount of$13,632,603. These contract awards are
based on bids received April 2, 2004 for contract#1 and March 30, 2004 for contract#2.
Both contracts are part of the P.I. water/sewer project.
On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously,
Triton Pop Warner Association was granted permission to install goal posts on the
i Central Street fields. It was noted that the sleeves for the posts would be permanent but
the goal posts would be removed at the end of the season and stored. At the request of
Pop Warner extra trash receptacles will be placed at the fields and Pop Warner will be
responsible for trash removal during their season.
The Board voted unanimously on a motion by Selectman Joy, seconded by Selectman
Bear to attend a Tri-town meeting being held in Rowley on August 17d`to discuss
financing issues of the Triton Regional School District.
A"375" Anniversary Advisory Committee was established and Richard Cunningham,
James Cunningham and Barbara Rogers were appointed to the committee on a motion by
Selectman Joy, seconded by Selectman Bear and voted unanimously. Chairman Russo
noted that additional volunteers would be needed and anyone interested.should contact
one of the Selectmen.
Chairman Russo announced that the Cable TV Advisory Committee is'also looking for
two additional volunteers.
On the recommendation of the Historic Commission, Dorothy Cunningham was
appointed as a"Member Emeritus" in honor of her past work, dedication and longtime
service to the committee, as moved by Selectman Joy, seconded by Selectman Bear and
voted unanimously.
The following appointments were made as moved by Chairman Russo and seconded by
Selectmen Joy. Selectman Bear abstained
Board of Fire Engineers: William Pearson, Michael Bulgaris, Douglas
Janvrin, Dave Foley, Tim Wareham and
Wallace Ziehler
Forest Wardens: William Pearson and Dave Foley
Deputy Forest Wardens: Michael Bulgaris, Douglas Janvrin, Tim .
Wareham and Wallace Ziehler
Chief of Fire Engineers: Charles D. Bear
H. Verne Noyes III was appointed as."Member Emeritus" of the Fire Engineers by
unanimous vote of the Board.
A request from the Historic Society of Old Newbury to place a banner on the back stop of
the Upper Green to advertise their annual antique show on August 27, 28, and 29 was
approved as moved by Selectman Joy, seconded by Selectman Bear and voted
unanimously.
A common victualler license was approved for Triton Pop Warner on a motion by
Selectman Joy, seconded by Selectman Bear and voted unanimously.
The meeting was adjourned at 7:50 p.m. on a motion by Selectman Joy, seconded by
Selectman Bear.
Respectfully submitted,
Kathleen Sirois, Secretary
SELECTMEN'S MEETING
AUGUST 24, 2004
Chairman Russo opened the meeting at 7:08 p.m. Selectmen Richard Joy and Charles
Bear were present. The minutes of the August 1&meeting were read and accepted as
moved by Selectman Joy, seconded by Selectman Bear and voted unanimously.
At 7:10 p.m. the legal notice for a pole hearing was read for Mass Electric Plan#674,
dated 7/27/04 to construct and maintain underground conduits_across Elm Street from
poles#39 and#40 to provide service to Caldwell Farm Road. The petition was approved
as presented on a motion by Selectman Joy,seconded by Selectman Bear and voted
unanimously.
A request from SB Contracting to place a tool trailer on town land at the approach to the
P.I. bridge was discussed and approved on a motion by Selectman Joy, seconded by
Selectman Bear and voted.unanimously,
On the recommendation of the Planning Board, Alfred Thurlow was re-appointed
Associate Member to the Planning Board as moved by Selectman Joy, seconded by
Selectman Bear and voted unanimously.
Edward E. Carpenter was appointed as a member of the Woodbridge School Advisory
Committee on a motion by Selectman Joy, seconded by Selectman Bear.and voted
unanimously.
A proclamation for United Nations Day celebrated on October 2e was reviewed and
signed by the Selectmen. The proclamation will be forwarded to the United Nations
Association of Greater Boston for display at the State House on October 25`h.
A request from May Chicklis of Atty. May's Beachcomber for a one-day.entertainment
license for Saturday, September 25, 2004 was discussed. It was moved by Selectman Joy
and seconded by Selectman Bear to allow Chairman Russo to issue the license at his
discretion upon receipt of more information regarding the time frame of the event.
The Board discussed the possibility of instituting the position of Finance Director for the
Town. Chairman Russo read a proposal for this position. . .
The position of Treasurer/Collector of Taxes be replaced by a full time Town
Finance Director appointed by the Board of Selectmen when the current term has
expired, and no future election be held, as the new position of Town Finance
Director shall assume the powers and duties of treasurer and said director shall
appoint the town accountant and collector.
The Finance Director, as Treasurer, shall be responsible for coordinating the
fiscal management practices of the Treasurer's Dept., Collector of Taxes, Town
�6n
393
Accountant's Dept.,Assessors Dept., and be administrator of budgeting including
financial reporting, accountability and control, as well as render advice on
financial implications of all policies to all Town Departments and to the Board
of Selectmen.
The selection of the Finance Director shall be done by a screening committee
comprised of representatives from the Finance Committee and Board of
Selectmen.
There will be no f scal impact until the current term of the elected
Treasurer/Collector of Taxes has terminated
Selectman Joy offered an amendment to this proposal. . .
"to serve at the discretion of the Board of Selectmen"
It was moved by Chairman Russo and seconded by Selectman Bear to approve the
amendment. The proposal with the amendment was approved on a motion by Selectman
Joy, seconded by Selectman Bear and voted unanimously. The Personnel Board will be
asked to write a job description and the proposal will be place on the town meeting
warrant for a vote of the residents.
The Board unanimously voted to re-institute the department head workshops started by
Selectman Saunders. The liaison from the Selectmen will rotate through the board on an
availability basis starting with Chairman Russo.
A letter on behalf of the Town supporting an application to the Rivers, Trail and
Conservation Assistance Program to form a multi-community coalition dedicated to the
creation of an interconnected trail system in the lower Merrimack Valley region was
discussed. It was unanimously decided to table signing the letter until Chairman Russo
can obtain more information from the Planning Board about the coalition and the town's
rights.
Three warrant articles were submitted by the Planning Board to the Selectmen for
inclusion on the October 5d'warrant. All three articles were tabled on a motion by
Selectman Joy, seconded by Selectman Bear and voted unanimously to allow the Board
time to gather more information on each article. These articles will be returned to the
Planning Board for public hearings and input..
On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously, the
Board voted to adopt the"order of taking" for easements related to the construction of the
Plum Island Water/Sewer Project as written, and award damages as set forth in the order
of taking. These takings were authorized at the Special Town Meeting held June 24,
2003.
It was again announced that the Cable TV Advisory Committee was in need of two
members and the"375" Anniversary Committee was looking for volunteers. Dick
Cunningham noted that a flyer will be sent out with the next tax bill asking for ideas and
volunteers.
The meeting was adjourned at 8:00 on a motion by Selectman Joy,seconded by
Selectman Bear.
Respectfully submitted,
Kathleen Sirois, Secretary
5.9 5
S `5 T G
Chafiman Russo opted they mwft at 7.: p..m.. Select Rielaad Joy.and Charles
Bear,were present,
The warrant for the abet Special Town Niceft was reviewed and sited by the,
beam and will be,pored by a.Constable,
Chaimm Russo,spoke bria- the"giound breaking cerenwW lid for dw F.I.-
Sewa/Water &. He displayed the,shovel&an to the tower and wised tlx:it
would be p` fbr all to we,.
Bole Wad repr the F J.c6mmunity Akfidd p d p tr puking fix.a
"ft-i 'wheduled at On meld Omber Z.&3. explaimd dot they were trying to
pmveft any disruption to the Sow oftraft to and from.the Wand; :and how to
have tern ant post expericam ima Midegaghm for a. .. cluirmw
Russo thaaked BobkeeM everyone up to speed an their pmr ..
The rnnimaes ofthe August 246 meeft vxw read and accepted as nee by Sdecu=
Jr wcoWed by Seleftm Bear mod!voted
Born Ott,,Presided of the P.I Taxpayers Association,,to rested permission to suurv�y
and mark the rights of way to tie beack as the 490 Strut right of wad+had been rrrarked.
Surmy and mw*inp restrkted to ske dunce xa,4 not to interfere k suing
dwefifngx This,project will be ceded by the'Taxpayers Assoe.. and Nk, Esposito-Will be
doing;the engineering,. A discussion of the pro and cons ensued and the lens tivity of the
area was eonsidereA l"eetum, Bear moved to grant perfnission to lax. Barrett and the
Taxpay,ers Assoc:.WSW suurveying;and marking the rights of way to the beach,.,seconded-
by Selectman Jby and voted,norn ,.sly
Toe Momdain and Doug Hyde fivm do lquining Board ads to mower mm the
questions the Selectman hadregarding the.pioposed bylaw dmWs that Mid been tables
attkAqpM2O'meeft- Mounfidnadvisedthathese char4a W=Maw to
brig the byhmn up to doff.-"Thy puking reguladons;=swawxd ftaughM do byl m
and we MA ;. ply i _g was trying to,consolidate them ow soon but
a lb to,the whole towm The d mieway bylaw was,chscussed as 'ace.lkmr
o redi to work,with At.Hyde to brims to shandads for emerpmy vehicles. The
si e plan raw Vwcass and who old be the permift avehority fbr spatial permits
was also r " L- While many qwaim were anwerek them AM rmained a
of quations to be r l .. Cry Russo rued to tab the bylaw chmW,spin to.
a Rare meating ammiza tip to study sow ofthe ofthe durqp,
secondvd by Seleftm li voW u naour Mounuem ad ;.Hyde Were
tlaasaed for their time and input..
A.rest fdr.use ofthe.U�Pff Grew on Oftbw 9(mate sober l it')ft a yard safe
to benefit.the Demoaa k Town CommWee=pniza we moved on a.motim by
selectman Joy,,seed by Seleamm Bear andvated ananinmx1y.
Ch man Russo,advised:that
the selectrmv's endomment aft he park bench pl-geed on.
the 49W Street right efway.to the beach was given sutqiect tca Conservation.Commission
approval. The Con rvation Commissim can over ride any endorsements for this area:
aconsmationprobtemarises. n stir er�t enss �e tie n a er,
Conserve onn Akent and Chairman Russe is win&Idded'that tie benefit mq rerdu In
Plar-efor Mteyearto see°wkartinraa.its has on tke arem �f ikere is nv aYbjecd der
by ADA,the blerrek mq—remain and wn?l be reassessed yearty f our ea►virrnxtrrrentat iftwact
:.Palumbo of99 Harmer Strom hu aid tk tma to s dim t pndug ells
parking lot as he believes the insWlagm ofthe kned main al the edge ofThe
roads hasp a seal per lam oa ids prey;. Wactamloynotedthaffthe
M Pvbhm they would Tim fix it;,but who is the ngpovible m!
y�.
this " ll'ec.tman to Ft Comers.upon on s prd to
decisions,making any s d Sei a Joy aid voted mwWm. sly,
Onthe D r p s w re-asp�tedi the
397
AdvisoryCommitter.as mund by SdIectmen Jay awd
Dow,: Jerrord tm;,Nut Ivada,;Urda..W014 um' Sm"IPJ4114 tchut 01fts a
ww member Sim Lam.
On tfw recommend on of the Pkaning Dowd,Josh Bury ms qvointed as Piming,
Dowd Repremmudw to t ZRA is moved by Selechma Joy,nconded by S
Bew aid.vated,unar6tously,
The meeft.vm adjowrwd,at 8:20 pm..on a nwdoff by.Selectman Joy wd seconded by
Sefectom Bea.. .
YUM,evn Siroisf,,semi .
SEMMBER,29,, M
Chairman Russo 6pened the rmeeting at'7::t0 p,.rn;. getectm=Fuehard.Joy was present present,.
Selectman Chutes Bear wag absent The minutes of the September' o mew were
read and paraVaphs sum:and_n ne amended on a rmot one by Chairman Russo,,seconded by
Selectman;joy, The nui�nutes,as amended were accepted on a motion,by.Seteetrnan JwY,
gee,onded by Chai-ir man-Russo and voted vmani omu�ty
The warrant:for the State Eteetiom to be held November 2s 2004 was signers by the
S'eteetrmen,
Chairman Rum acknowledged.receipt of the recommendation foi alitemattiae uses for the
Woodbridge School from the Woodbridge School Advisory Comm.ittee,. They
reeommmended residential usage as being in the beat interest of'the towns. A.eomnrnereial
appraisal of the building would be the next step and restrietiong,would creed to drawn up
for:the facade,onhe buitding- Dave.Mountain noted that the,Woodbridge School
Committee had no interaction with the Master plan.Committee and perhaps there are
other'uses that could be considered', He suggested ed that caning may also Muire a chaas
S'elleetruan joy ael�n ledlyed the wark d e,by the oodbridge School Co ttee and
thanked them for their a nits.: He recommended leaving a window of opportunity open
for the eiti2eds ofNe*bury and the Planning Board to offliev comments or suggestions
prior to putting,this recommendation be to tom meeting" He moved to a thoriae the
Chairman to reiowve.forwud with an appraisal of the property,seconded by Chairman
Rus'so, Chairman Russo advised that this recommendation would be placed orn a future
geteetnmen!s agenda in about a month-and the lysl.5 of the comm,ittee would,be open to
the pub.-tic.,
A.req est.for use ol>:the Upper Green on Saturday, ate,October 10(rain d Get
ber l7").
for a yard sale to.benefit the PI Mother's Club,was approved,on,a motion by Selectman
Joy.and,seconded by Chairman Rv,mi a.
letter rorn.the omen's C is%s Center advoeaung Domestie Viotenee A MeAesswas
read,by Chair,man Russo and a proclamation in.su}ppe ft the world of'the Center, vas signed
by the Seteetmen.and will be forwa ed,to therm.in,recognition of October-as Domestic
Violence Awareness Month..
Janet Minihane questioned the Selectmen on the disappearance of the ono p rtg'suns
from,in front of her property at 1.l:& 15 Sunset.Drive, �br%e�diseu�si�m ensued and it
was.decided that the Selectmen will,meet with the Highway erector and Chief Merry to
investigate the signage on Sunset Hriv.. MS..Mau iane.will be kept in the loop during;
t`15 If'ffqufry..
y399
On the recomtnendmion of Chief,Merr=y,Tian Leonard wag;appointed as are Assistant
Deputy to Newbury Emergency Management on a motion by Selectman Joy, seconded
by Chairman Russo,and,.voted unamfmously.
Jim Gorad'ey questioned Newbury Auto Sales,' Class l_license. Chairman Russo,
advised the board would look,int6 it and,reps back to Mr: Go ley.
Gene Palumbo of Hafover Street asked what waa decided abort the problenms with his
parking area. After a brief discussion:it was decided that more rnvestigat►on was
necessary,to detemune possible uses and the remedy. Thy Selectmen will;reset with
Tire Leonard about this situation.
The mecting wag,adjourned at 7AS p;mn an a motioh by Seleanm Joy and seconded by
Chairman Russo.
RespectUty submitted,
Kathleen Sir f s�,Secretary
SELECTMEN'S MEETING
OCTOBER 4, 2004
Chairman Vincent Russo called the meeting to order at 10:45 a.m. Selectmen Richard
Joy and Charles Bear were present.
The Board discussed an E-mail received from Dick Bazirgan of the School Committee
requesting the Selectmen appoint a town official and a community member as well as a
member of the Finance Committee to the Superintendent's Search Committee. The
Finance Committee will be asked to name one member to this committee. The Selectmen
designated Richard Joy'as town official and Richard Passeri as community member to
represent the town on this committee.
On a motion by Selectman.Joy, seconded by Chairman Russo, permission was given to
the Board of Assessors to use outside Counsel for an Appeals Court case.
A one-day liquor license permit and permission for a Halloween party at PITA Hall on
October 30'' from 8p.m. to 12 midnight to benefit the.American Cancer Society was
approved for Gregg Pugh on a motion by Selectman Joy, seconded by Chairman Russo.
The Board examined the problem of parking signs on Sunset Drive, brought to their
attention by Janet N inihane at the last Selectmen's meeting. It was unanimously decided
to revisit the site in early spring to review the need for more signs or a change in signage.
Selectman Bear addressed the board regarding some GDA concerns that had been
brought to his attention. It was decided that Counsel would be asked to look into the
legal aspects of these concerns and they would be addressed at a future meeting.
The meeting was adjourned at 11:30 a.m. on a motion by Selectman Joy, seconded by
Selectman Bear and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Secretary
BOARD OF SELECTMEN'S MEETING
OCTOBER 21, 2004
Chairman Russo opened a Selectmen's meeting at 10a.m. to discuss a waiver application
for the train whistle ban proposed by the Lorings of Hay Street. Due to unforeseen
circumstances, Selectmen Joy and Bear were unable to be present at this time. The
meeting was continued to 3:30 p.m. in the afternoon.
At 3:30 p.m..the meeting was reconvened. Selectmen Russo and Bear and Mr. &Mrs.
Loring were in attendance. A discussion ensued. Dave Loring explained that Newbury
actually exceeds state regulations for their safety equipment and regulations and
Newbury obtained their whistle ban through the state legislature. The Town's problem is
that our rail service did not come into existence until 1998 and the FRA has set their
grandfathered criteria to include all bans in existence prior to 1996. All we are doing is
buying time by applying for this waiver at this time, stated Mr. Loring. Upon
deliberation and consideration of the facts presented,the Selectmen unanimously voted to
sign the waiver application on a motion by Chairman Russo, seconded by Selectmen
Bear.
The meeting was adjourned at 3:50 p.m. as moved by Chairman Russo and seconded by
Selectman Bear:
Respectfully submitted,,
Kathleen Sirois
Administrative Assistant
SELECTMEN'S MEETING
NOVEMBER 9, 2004
Chairman Russo opened the meeting at 7:00 p.m. Selectmen Richard Joy and Charles
Bear were present. The minutes of the September 2e, October 4'i'and October 21"
meetings were read and accepted on a motion by Selectman Joy, seconded by Selectman
Bear and voted unanimously.
On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously the
Board approved the town's borrowings from the Mass Water Pollution Abatement Trust
as follows:
VOTED: That the Town shall.issue a bond or bonds in an aggregate principal
amount not to exceed $4,050,000 (the"Bonds")pursuant to Chapters 29C
and 44 of the General Laws and a vote of the Town passed August 8,
2000 (Article 1), for construction of sewers and other,water pollution
control facilities(the"Project");
that each Bond shall be issued as,a single registered security,and sold to
the Massachusetts Water Pollution Abatement Trust(the"Trust") at a
price determined pursuant to the Loan Agreement
that the Treasurer is authorized to determine the date,the form, the
maximum interest rate and the principal maturities of each Bond, and to
execute a Loan Agreement or Agreements with the Trust with respect to
the sale of the Bonds, such date, form and maturities and the specific
interest rate or rates of the Bonds to be approved by a majority of the.
Board of Selectmen, and the Treasurer and evidenced by their execution
of the Bonds;
that all action taken.to date by the Town and its officers,and agents to
carry out the Project and its financing, including the execution of any loan
commitments or agreement by the Treasurer, are hereby ratified,
approved and confirmed; and
that the Treasurer and the other appropriate Town officials are each
hereby authorized to take any and all actions necessary and convenient
to carry out the provisions of this vote, including execution and delivery
of the Loan Agreement and the Project Regulatory Agreements relating
to the Project.
VOTED: That the Town shall issue a bond or bonds in an aggregate principal
amount not to exceed $4,650,000 (the"Bonds")pursuant to Chapters 29C.
and 44 of the General Laws and a vote of the Town passed on August 8,
2000 (Article 1), for the drinking water project identified in such vote
(the"Project");
that each Bond shall be issued as a single registered security, and sold to
the Massachusetts Water Pollution Abatement Trust(the"Trust") at a
price determined pursuant to the Loan Agreement;
that the Treasurer is authorized to determine the date,the form, the
maximum interest rate and the principal maturities of each Bond, and to
execute a Loan Agreement or.Agreements with the Trust with respect to
the sale of the Bonds, such date, form and maturities and the specific
interest rate or rates of the Bonds to be approved by a majority of the
Board of Selectmen and the Treasurer and evidenced by their execution of
the Bonds;
that all action taken to date by the Town and its officers and agents to
carry out the Project and its financing, including the execution of any loan
commitment or agreement by the Treasurer, are hereby ratified, approved
and confirmed; and
that the Treasurer and the other appropriate Town officials are each
hereby authorized to take any and all actions necessary and convenient to
carry out the provisions of this vote, including execution and delivery of
the Loan Agreements and the Project Regulatory Agreements relating to
the Project.
A notice of resignation from Karen Mansur, Director of the Council on Aging was
accepted with regret on a motion by Selectman Joy, seconded by Selectman Bear and
voted unanimously.
Barbara Rogers addressed the Board on behalf of the 375th Anniversary Committee. She
proposed that the Selectmen appoint three trustees to administer, maintain and oversee
the First Settler's Burial Ground at 238 High Road. The Committee's first official action
she suggested would be to designate the Lower Green as the center of activities for our
anniversary celebration in 2010. She noted that Jim Cashman was looking into the
specifics and stipulations, if any, on the Jane Moore Fund which she believed was set up
for the care of the burial ground. Chairman Russo advised that he would like to get some
feedback from the Sons&Daughters of the First Settlers and do a little more research
,before making any decisions. This subject will be addressed again at a future meeting.
Paul Ivaska of the Fr. Sears' Memorial Park Committee presented a schematic proposal
for the design of the park and explained the proposed plantings to the Board. He asked
for the Board's approval so they could move forward with fund raising and permitting.
While the Board endorsed the concept of the plans, they moved to table final approval
until the plans are accepted by the Conservation Committee. This was moved by
Selectman Joy, seconded by Selectman Bear and voted unanimously. The Fr. Sears'
Committee was thanked for all their time and input in this project and directed to the
Conservation Commission office.
On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously the
Thanksgiving holiday will be extended through Friday for all town workers.
Chairman Russo advised that the Christmas on the Green Committee was looking for
volunteers. Persons interested should call Mike Roy(462-9365) or the Selectmen's
Office.
On a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously,
Edward Deardon was appointed as Newbury Representative to the Georgetown
Recreational Path Committee:
Alba Gouldthorpe, Chair of the Board of Health extended an invitation to the Selectmen
for the opening of the Transfer Station on Saturday,November 13t'at 8:45 a.m. Coffee
and donuts will be served, she advised.
Chairman Russo made note of some good news for Newbury -Newbury Protection Fire
Co. #2 has acquired a new fire engine in the past week and the Fire Co..was very pleased
with their new addition which is housed at the Morgan Avenue station.
The meeting was adjourned at 7:50 p.m. as moved by Selectman Bear and seconded by
Selectman Joy.
Respectfully submitted,
Kathleen Sirois
Administrative Assistant
SELECTMEN'S MEETING
NOVEMBER 22, 2004
The Selectmen met at 10:00 a.m. on November 22, 2004 at the Newbury Town Hall. The
meeting was duly posted. Chairman Vincent Russo and Selectman Richard Joy were in
attendance. Selectman Charles Bear was absent. Town Counsel James Lagoulis attended
the meeting and requested that the selectmen meet in executive session for the purpose of
discussing the options available regarding the ongoing litigation with Newbury
Trucking/East Coast Sand and Gravel. The selectmen agreed to the executive session on
a motion by Selectman Joy, seconded by Chairman Russo. A roll call vote was taken- .
Chairman Russo-yes, Selectman Joy-yes. Having voted in favor of an executive session,
Chairman Russo announced that the Board would enter into an executive session for the
purpose of discussing litigation and that at the conclusion of the executive session the
selectmen would not be reconvening in open session. The Selectmen went into executive
session at 10:05 a.m.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
SELECTMEN'S MEETING
NOVEMBER 23, 2004
Chairman Russo opened the meeting at 7:00 p.m. Selectmen Richard Joy and Charles
Bear were present. The minutes of the November 9t'meeting were read and accepted as
moved by Selectman Joy, seconded by Selectman Bear and voted unanimously.
A public hearing was scheduled for Tuesday, December 14t'at 7:00 p.m. for GDA's
application for a special permit to renovate the French Building located on Middle Road
on a motion by Selectman Joy, seconded by Selectman Bear.
A request for a one-day entertainment license for the P.I. Grille for the performance of a
jazz trio on Wednesday, December 8t'from 6-10 p.m. was approved as moved by .
Selectman Joy, seconded by Selectman Bear and voted unanimously.
Christmas on the Green will be held on Sunday, December 121 at 3:00 p.m. on the Upper
Green. Chairman Russo advised that Mike Roy is still looking for volunteers for this
yearly event.
A conservation restriction grant for Caldwell Farms, as sanctioned by the Newbury
Conservation Commission, was approved and signed by the Selectmen on a motion by
Selectman Joy, seconded by Selectman Bear and voted unanimously and will be filed
with the Department of Environmental Affairs by Atty. Chris Latham.
The property tax discount for eligible seniors was briefly discussed with Assessor Budd
Kelley. A proposal to lower the age requirement and increase the income limits for 2006
was discussed. It was decided this proposal will be placed on the April annual town
meeting warrant for a vote of the residents as moved by Selectman Bear, seconded by
Selectman Joy and voted unanimously.
Chairman Russo noted that a Tri-Town meeting with Salisbury, Rowley and Newbury to
discuss the Triton agreement will be held Tuesday, November 3&at 7:30 p.m. at the
Rowley Town Hall.
A proposal from Counsel Jim Lagoulis asking that he be appointed as an employee.of the
Town for the remainder of his present appointment with a cap on legal expenses was read
by Chairman Russo. After due deliberation,it was moved by Selectman Joy, seconded
by Selectman Bear and voted unanimously to accept this proposal as presented.
A discussion ensued with Counsel and Parker River Dr. resident, James MacDonald
regarding a gated fire access road between Larkin Road and Parker River Dr. While
Counsel had done some research on this issue prior to the meeting,.due to new
information brought to light, he asked for more time before issuing a final opinion.
Selectman Joy noted that while he had no trouble enforcing the town's rights, he was
reluctant to enter into a neighborhood dispute. Counsel suggested contacting the owner
to ask that the gate be left open until a determination is made. Chairman Russo moved to
instruct Counsel to contact the owner and proceed as stated, seconded by Selectman'Bear.
This matter is to be continued to the December, 14'h meeting.
At 7:40 p.m. the legal notice for a public hearing on the determination of the percentage
of tax levy to be borne by each class of real property for FY05 was read. Assessor Budd
Kelley advised that the town is currently 95.7%residential with 4.3% Commercial,
Industrial and Personal Property. The Assessors,therefore, recommended a single tier
tax rate. The Assessors' recommendation was accepted on a motion by Selectman Joy,
seconded by Selectman Bear and voted unanimously.
The meeting was adjourned at 7:50 p.m. as moved by Selectman Bear and seconded by
Selectman Joy.
Respectfully submitted,
Kathleen Sirois
Administrative Assistant
SELECTMEN'S MEETING
DECEMBER 14, 2004
Chairman Russo opened the meeting at 7:00 p.m. Selectmen Richard Joy and Charles
Bear were present. The minutes of the November 22 & 23 meetings were read and
accepted on a.motion by Selectman Joy, seconded by Selectman Bear.
The legal notice for a public hearing on the application of GDA for a special permit to
renovate and construct an addition on the French Building on Middle Road was read.
Richard Savage of GDA presented the plans and explained the construction details for
this project. After a brief discussion and due deliberation the special permit was granted
for the application as presented as moved by Selectman Joy, seconded by Selectman Bear
and voted unanimously. This special permit was granted as it will have no impact on
abutting lands, will not be more detrimental to the.area than the existing structure and use
and will be in harmony with the general purpose and. intent of the bylaws.
A proposal for the relocation of the staging area and exit road,for school buses at the
Newbury Elementary School was presented to the Board by Chris Walsh, Custodian of
Triton Regional. The chaotic situation, especially at the close of the school day, with
school buses and parents picking up students competing for the parking area was
discussed. Chief Merry noted that at safety meetings this problem had been reviewed and
he tries to have police presence there to help with traffic control. Chris advised that the
Conservation Commission has requested an engineers report indicating that this work
will not have an adverse impact on site drainage. Total impact to the Town will be
approximately $6,300 with anticipated construction in early spring. Selectman Joy
moved to support this proposal, seconded by Selectman Bear and voted unanimously.
A request from the.Village Diner&Pub to extend their hours for last call to 1:00 a.m.
with closing time at 1:30 a.m. on New Year's Eve was approved by the Board on a
motion by Selectman Joy, seconded by Selectman Bear'and voted unanimously with the
stipulation that convictions for OUI from their location or over-serving may jeopardize
their liquor license.
The Board recognized Don Bade, President of the Parker River Clean Water Association
as recipient of the 2004 Gulf of Maine Council's Visionary Volunteer Award. Don was
honored for his achievements, dedication and involvement in the coastal environmental
community on the North Shore of Massachusetts.
Chairman Russo acknowledged the receipt of a P&S and letter of intent to sell property
on Parker Street owned by Matt Kozazcki. This land will continue to be held in Chapter
61 A. It was voted to receive and file these documents on a motion by Selectman Joy,
seconded.by Selectman Bear.
On the recommendation of the Newbury Library Trustees, Richard Ravin was appointed
on a motion by Selectman Joy and seconded by Selectman Bear to fill the unexpired term
of Matt Freedman, who resigned from the Board of Trustees on December 1, 2004.
Liquor license renewals for 2005 were reviewed and approved as moved by Selectman
Joy, seconded by Selectman Bear and voted unanimously for the following: Village
Diner&Pub, Oldtown Country Club Inc. Corner Cupboard, D&J Liquors, Dick's
Variety, Mr. Moe's, Byfield General Store, Atty. May's Beachcomber, Newbury
Convenience, J.R.'s 19''Hole, Plum Island Grille. The license for Turquoise, LLC,
formerly PJ's was disapproved as it is closed for renovations. The owners will reapply
when construction is completed.
Richard Passeri of the Town Government Study Committee gave a brief progress report.
Dick advised they were moving forward with a questionnaire and interviews with town
employees, gathering information from other communities and reviewing charters and
legislation. At this point in time the committee feels there is no unified day to day
administration process and no unified approach to finances and budget. They are looking
at the possibility of a finance department or finance director and administrator, expanding
from a three to five man Board of Selectmen and establishing two definitive yearly town
meetings and doing away with special town meetings. A"0" quorum and warrant by
lottery are also being researched. He noted that the committee expects to make final
recommendations by mid March. Selectman Joy asked that the committee also look at
the cost of these proposed changes to be submitted with their recommendations. Mr.
Passeri and the committee were thanked for their input and time.
Chairman Russo spoke about the"budget crisis" in town. The sale of town properties, a
proposition 2 '/z override, and the collection of delinquent taxes were all discussed
briefly. He suggested a meeting with the Selectmen, Finance Committee and Treasurer
to review a strategy for tax collections and getting the Planning Board involved in any
decisions regarding the sale or alternative uses of the Woodbridge School or the Byfield
School.
A job description has been written and posted for the position of Planner/Grant Writer. It
was moved by Selectman Joy, seconded by Selectman Bear and voted unanimously to
approve this new position. A transfer of$5,420 will be requested from the Reserve Fund
to the Planning Board Consultant account for this position for FY05.
On the recommendation of Chief William Pearson, Board of Fire Engineers, Precinct 2,
Padraig Daly was appointed to the position of Firefighter/Paramedic assigned to the
Byfield Fire Station on a motion by Selectman Joy, seconded by Selectman Bear and
voted unanimously.
Chairman Russo recommended that the posted daily morning meetings for the Selectmen
be discontinued for the next few months due to schedule conflicts with his new
responsibilities.
Clamming regulations for 2005-2006 as recommended by the Board of Fish
Commissioners were reviewed and approved by the Selectmen as moved by Selectman
Joy, seconded by Selectman Bear and voted unanimously.
Chairman Russo announced that a"special town meeting" will be held on January 25, .
2005 at the request of the Finance Committee. The warrant was declared open on a
motion by Selectman Joy, seconded by Selectman Bear and voted unanimously.
Chairman Russo advised that a letter had been sent to the Sons&Daughters of the I'
Settlers regarding the 1'` Settlers Burial Ground and to date there has been no response:
Dick Cunningham suggested sending a copy of the letter to one or two other members for
their next meeting in January.
As requested by Treasurer Jim Cashman, the board voted to roll over BANS in the
amounts of$1,880,000 (water& sewer project), $1,125,000 (transfer station) and
$270,000 (recreational facilities) into one BAN(Bond Anticipation Note) dated 12/16/04
and payable 11/4/05 in the amount of$3,275,000, on a motion by Selectman Joy,
seconded by Selectman Bear and voted unanimously.
General business license renewals were reviewed and approved on a motion by
Selectman Joy, seconded by Selectman Bear and voted unanimously for the following
businesses: Plum Island Grille, Wheelhouse Parking, Riverfront Marine Sports,Plum
Island Enterprises, Stor-U-Self Storage, Volpone Towing, Tolman Automotive, BD
Automotive, A.L. Prime Energy, Steve's Service, Pearson Hardware, Sadie's for Hair,
Karen's Dog Grooming, Lexa's Day Spa, High Tail Acres,Newbury Auto Sales(Class
III), Special Interest Autos of Nbypt. (Class,II), AEL Trailer Sales(Class II), Main St.
Mini Mart, Byfield General Store, Bob Lobster,P.I.T.A. Dick's Variety, Norbeck
Sterling,Josette's Adz &Loom, Newbury Gallery, Flukes& Finds, Colonial Coiffures,
A Newbury Setting, Fernald's Marine, Precision Automotive Restoration Inc., Bill's
Auto Repair, Checkoway Oil Co., The Quilted Acorn Shoppe, Romp &Roll Doggie
Playground, Henry C. Becker, Reeves Automation, Mr. Moe's, and Williamson Parking
Lot.
Selectman Bear advised that he had spoken with Mrs. Dehetre about the access road
across her property. She seemed unwilling to open or remove the gate due to a problem
with teenagers racing through the right of way. Selectman Bear said speaking for the fire
department, the gate does not present a problem. Chief Merry was asked to check into
the 911 situation and report back to the Board at the meeting of the 281h
Dr. Russo asked the Board if they would entertain a motion to enter into executive
session for the purpose of discussing litigation on the landfill. Selectman Joy moved to
enter into executive session, seconded by Selectman Bear and voted unanimously. A roll
call vote was taken, Selectman Bear, yes, Selectman Joy, yes and Chairman Russo, yes.
It was announced that the meeting would not reconvene in open session at the close of
executive session. The open meeting was adjourned at 9:05 p.m. as moved by Selectman
Joy and seconded by Selectman Bear.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
SELECTMEN'S MEETING
DECEMBER 28, 2004
Chairman Russo opened the meeting at 7:00 p.m. Selectmen Richard Joy and Charles
Bear were present. The minutes of the December 14d'meeting were read and accepted on
a motion by Selectman Joy, seconded by Selectman Bear and voted unanimously.
A discussion ensued with Treasurer Jim Cashman regarding the Town's current fiscal
challenges. Our tax recap submitted to DOR has been denied and the town cannot set a
tax rate or send third quarter bills until the revenue deficit is secured. Jim and the
Selectmen asked residents to consider voluntary payment of the 3`d quarter taxes to,
facilitate continued services.
Betterments and Special Assessments for the P.I. Water/Sewer Project were briefly
discussed. Chairman Russo advised that betterments cannot be charged to the
homeowners until the project is completed, however, the bad news is that payments to the
Trust Fund must be made in May/June. The authority to levy assessments lay with the
"assessing board", which in the Town of Newbury is designated as the Board of
Selectmen, he noted. Selectman Joy moved to name the Board of Selectmen as the
"assessing board" for the Newbury section of the P.I. Water/Sewer Project, seconded by
Selectman Bear and voted unanimously.
It was moved by Selectman Joy, seconded by Selectman Bear and voted unanimously to
sign the performance release forms and release the final retainage for the landfill closure
construction project. CDM certified that all work has been done to their satisfaction.
On the recommendation of Chief Merry, April Clarizia was appointed as a full time
patrolman(federal grant position) and Dani Michalek was appointed as a full time
student officer(vacancy position) on a motion by Selectman Joy, seconded by Selectman
Bear and voted unanimously.
License renewals for 2005 were approved and signed as moved by Selectman Joy,
seconded by Selectman Bear and voted unanimously for the following businesses:
Newbury Butchery, The Boston Sports Car Co.(Class II), Ould Newbury Golf Club Inc.,
U.S. #1 Auto/Marine (Class II), Highline Auto Inc. (Class II), Longfellow Hill Beauty
Shop, Mad Martha's, Newbury Convenience Store, Village Diner/Pub, Noyes Citgo,
German Autosport, Olde Newbury Boat Co., Milestone 35, Haven II, Diamond Marine, J.
Gallant Pool & Spa Inc., Newbury Family Chiropractic, and Season of Change Massage
Therapy.
A proposal to have a stanchion of White's Bridge inscribed to commemorate H. Verne
Noyes III for his many years of service to the Town of Newbury was approved on a
motion by Selectman Bear, seconded by Selectman Joy and voted unanimously.
A request from Martha Arias and her son Jeffrey to coordinate a collection with the
International Red Cross for the tsunami victims in southern Asia was approved on a
motion by Selectman Joy, seconded by Selectman Bear and voted unanimously. A can
drive will be held outside Town Hall on Thursday, December 30d' from 12 noon to 3 p.m..
and Friday, December 3 is'from 12 noon to 2 p.m. Collections will also be made in other
locations and checks can be sent directly to the Arias' home at 14 Boston Road,
Newbury. More information will be in the Daily News Wednesday, December 29 h.
On the recommendation of Doug Packer, Paul Daubitz was appointed as a member of the
Cable Advisory Committee, effective immediately, on a motion by Selectman Joy,
seconded by Selectman Bear and voted unanimously.
Dick Cunningham again raised the question of the 1't Settler's Burial Ground. Selectman,
Joy advised that the property appears to be owned by the town and would therefore be the
responsibility of the town to take care of it. The Jane Moore trust fund is being
investigated and a long range plan will be established as recommended by Barbara
Rogers. It was moved by Selectman Joy, seconded by Selectman Bear and voted
unanimously that the town will assume responsibility for the 1't Settler's Burial Ground,
allocate funds as needed and repair and maintain the area.
The meeting was adjourned at 7:55 p.m. on a motion by Selectman Joy and seconded by
Selectman Bear.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.