HomeMy WebLinkAbout2013-02-12 Board of Selectmen Minutes Board of Selectmen Meeting
February 12, 2013
For ease of archiving, the order that items appear in these minutes reflects the order in
which the items appeared on the agenda for that meeting, and are not necessarily the
order in which any item was taken up by the Board.
The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Secretary Richard
Schubert, Selectmen John Arena and James Bonazoli, Youth Liaisons Eric Johnson
and Mary Kate Kelley, Town Manager Peter Hechenbleikner, Assistant Town
Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena, and the
following list of interested parties: David Brabeck, Nadine Wandzilak, Richard Svirsky,
Phil Pacino, Taylor Mandell, Robert Connor, Caryn Hayes, Stephen Crook, Andy
Murphy, Lori Haverty, Julie McCarthy, Irene Collins, Karen Herrick, Ray Porter, Ron
D'Addario, Michele Benson, Laurie Ann Sylvia, Joan Boegel, Gary Juffe, Lisa Egan,
Leslie McGonagle.
Reports and Comments
Selectmen's Liaison Reports and Comments — John Arena thanked DPW for doing a
good job moving the snow. Selectman Arena expressed his displeasure with the tone of
the Selectmen on Article 10 at their January 8`h and January 22" meetings. He noted that
the Selectmen take an oath for the best of the Town.
In response to Selectman Arena's comment Richard Schubert noted that how the
Selectmen react is important and the Selectmen also have an obligation to do their
homework. He noted that once an Article goes to Town Meeting then it is Town
Meeting's role to approve. James Bonazoli indicated he had apologized to Selectman
Tafoya about what happened on January 8`h. Ben Tafoya indicated this has not hurt their
working relationship; that is in the past and it is time to move on.
Richard Schubert noted that regarding the Affordable Housing Trust Fund, Oaktree has
met the threshold so money was transferred from escrow to Oaktree.
James Bonazoli noted that responses have been received to the RFQ's for the cemetery
garage and DPW facility. There is a RCASA fundraiser at Fuddruckers tomorrow. The
Town Manager search is going well and there is a very good pool of candidates. They
will present names of finalists at the Selectmen's meeting on February 26, 2013.
Ben Tafoya noted that there is a financial forum tomorrow night at 7:00 p.m. at the
Senior Center.
Youth Liaison Eric Johnson noted that the Polar Plunge has been rescheduled to February
23, 2013.
Board of Selectmen Minutes—February 12, 2013 —page 2
Youth Liaison Mary Kate Kelley noted that the Rotary is sponsoring the Taste of Metro
North at the Field House. Eric Johnson noted this is to raise money for Jack Tautier who
was paralyzed after snowboarding in his back yard. His insurance doesn't cover all of the
expenses so the proceeds will go to the family. There will be an ad in the newspaper.
Public Comment — Mike Upton of 489 Main Street indicated he had concerns regarding
the proposed 40B to be built next to the Mattera property. He feels it will diminish the
quality of life for the abutters.
A resident from 68 Sanborn Lane indicated that the 40b proposal for a 60 unit apartment
complex next to the Mattera property is a bad idea and will damage traffic control and
have a significant impact on the kids in the Wood End community.
Town Manager's Report—The Town Manager gave the following report:
Administrative matters
♦ Volunteers needed!!
Bylaw Committee
Zoning Board of Appeals
Conservation Commission
♦ Nomination papers for elected positions are available at the Town Clerk's office
■ Withdraw by 2-28-13
■ Election 4-2-13
♦ A Special Election to fill Secretary of State John Kerry's seat is set for June 25. The
Primary election will be April 30.
♦ Friends and Family Day (Town Day) has been set for June 15 from 11:00 AM to 3:00
PM. Please get this on your calendars and coordinate your booth reservations with John
Feudo in Recreation.
Community Services
♦ The Portland Pie site plan for 30 Haven Street was approved by CPDC on 2-11-13.
♦ The Flower Shoppe of Eric's has opened at 10 Brande Court
♦ The M.F. Charles interior demolition has begun. Known tenants are Orange Leaf
frozen yogurt, Bunratty's Tavern, and the Northern Bank and Trust.
♦ Perfecto's is revising their plan and the Planning Commission has approved
amended plans.
♦ The Town has received plans for a 64 bed Assisted Living/Nursing Home facility to be
located on the Eric's Greenhouse site at 1080-1100 Main Street. Plans are currently
before the Development Review Team, and application will be made shortly to the ZBA,
Conservation Commission,and the CPDC.
♦ There has been a lot (truck loads) of tree cutting at Meadowbrook Golf Club in the
past few weeks but from what Conservation Administrator Chuck Tirone can see the
activity is not in BZ west of Grove Street. The cutting has moved along Franklin
Street and Covey Hill Road (Fairway #2), a more sensitive area. Chuck has talked
with the greens keeper and he assured Chuck that all activity is outside Conservation
jurisdiction. A site visit has been scheduled for Wednesday.
Board of Selectmen Minutes—February 12, 2013 —page 3
♦ A tobacco compliance check was held earlier this month and 3 establishments sold
to underage buyers — West Street Mobil Station at 4 West Street; Reading Quick
Stop at 519 Main Street, and 6-Eleven Variety at 83 Main Street. Parents should be
aware of these locations.
Finance
♦ The consultant (Patriot Properties) to the Town will be doing a "measure and list" of
approximately 3,600 properties during this winter/spring, starting on January 28. This is a
requirement of the Commonwealth to continue our tax certification process. The Reading
Board of Assessors will have property inspectors in the Birch Meadow school district
beginning on Monday February 11 th. All personnel will have proper identification. They
may request an exterior or interior inspection of your property as is required by state law.
Please check the Town's website at www.readingma.gov for further details.
Public Safety
♦ We have 3 Police Officer recruits attending the 26 week Police Academy starting on
Monday, January 14.
♦ The Assessment Center for promotion of 2 Police Officers to Sergeant was
postponed because of the blizzard.
♦ RCASA event "My Name Was Bette" is on February 13 at 7:30 PM in the IMAX
theatre at Jordan's Furniture.
Public Works
• Poet's Corner - sub drain has been installed. Sewer replacement has begun. Paving
in the spring. No work recently due to cold/snowy weather.
• West Street: 100% design plans are complete, has submitted them to MassDOT.
• Main Street / Salem Intersection — Contractor has been given the authorization to
install the Salem Street east bound left turn signal. No date for the installation has
been set but it should be installed within the month.
• Reading response to the 2013 Blizzard:
- Our crews and contractors were out from the beginning of the storm for 36
hours straight, and our employees have been working since, often on 8 hours of
rest in a 24 hour period.
- The problem that we experienced during the storm was that one of our
contractors had a truck "die" and others had to pick up his route; and more
importantly, one of our other contractors who had 4 large tri-axel trucks that we
were depending on for major routes was ill prepared and again all of the other
employees and contractors had to pick up those routes.
- The snow plowing during that period was not up to our high standards, and we
have taken steps to make sure that does not happen again. Meanwhile we have
been working to get streets scraped and widened, downtown snow removed,
school areas prepared for student drop off, and sidewalks cleared. We will be
working on those tasks for a while.
Assistant Town Manager/Finance Director Bob LeLacheur noted that the Town Clerk has
certified papers for 3 Library Board candidates, 3 Selectmen candidates, 4 RMLB
candidates, 1 Town Moderator candidate and there are no Board of Assessor candidates.
Board of Selectmen Minutes—February 12, 2013 —page 4
Discussion/Action Items
Approval of Housing Plan—The Town Manager noted that the Town's Housing Plan has
expired. Town Planner Jean Delios made a presentation to the Board in December and
the recommended changes have been made and are in the packet. If a developer comes
into Town with a 40B, the Town cannot say no unless they have a Housing Plan.
Discussions go back 10 years regarding the site on north Main Street and no application
has been submitted yet.
Ben Tafoya noted that the Town has not received any plans. If there was an application it
would either come before the Board of Selectmen as a LIP or it would go to the ZBA. If
the ZBA denies it then the developer can go to the Housing Appeals Court. A Housing
Plan in place gives the Town more control.
James Bonazoli asked if the 300' perimeter around the Matters property can be expanded
for noticing abutters otherwise only the Town is being notified.
Richard Schubert noted that residents need to keep themselves informed and stay
vigilant. Staff cannot remember to notify everyone.
Richard Svirsky, 44 Chapel Hill Drive noted he was a member of the Reading Open Land
Trust and asked if he will receive a notice and it was indicated he would because Reading
Open Land Trust is an abutter.
Karen Hayes, 739 Pearl Street, noted she abuts Bare Meadow and just trying to fix her
driveway is an onerous process with the Town.
Robert Carr, resident of 7 Beacon Street and President of the Open Land Trust, noted that
the Inspector General called 4013's a "pigfest" and unless 4013's are dealt with it will
always be around.
Ben Tafoya requested that the Housing Plan be added to the goals so it stays up to date.
A motion by Bonazoli seconded by Schubert to approve the Housing Production
Plan for the Town of Reading dated January 8, 2013 as revised was approved by a
vote of 4-0-0.
Sign Plans — Jacob Way — The Town Manager noted that Town Meeting approved this
and there is a lot of paperwork for the Board to sign.
A motion by Bonazoli seconded by Schubert that the Board of Selectmen sign all
documents to effectuate the property transfers both to the Town and Reading and
from the Town of Reading related to Jacob Way and South Street pursuant to
authorization by Town Meeting under Article 11 of the 2012 Subsequent Town
Meeting was approved by a vote of 4-0-0.
Board of Selectmen Minutes—February 12, 2013 —page 5
Confirm Approval/Signing of Abandonment of Easement — 518 Summer Avenue — The
Town Manager noted that the Board needs to confirm the signing of the release of
easement.
A motion by Bonazoli seconded by Schubert that the Board of Selectmen confirm
their actions in signing the "Abandonment of Easement" for 518 Summer Avenue as
authorized by Town Meeting under Article 9 of the January 28, 2013 Special Town
Meeting was approved by a vote of 4-0-0.
Approve Order of Taking and Discontinuance — "Old" Pearl Street — The Town Manager
noted that Town Meeting approved the taking and discontinuance of"Old" Pearl Street.
A motion by Bonazoli seconded by Schubert that the Board of Selectmen approve
the "Order of Taking — Parcel A and Parcel B — of Old Pearl Street" as authorized
by a vote of Town Meeting under Article 7 of the January 28, 2013 Special Town
Meeting was approved by a vote of 4-0-0.
Discuss Bylaw Committee Role — Town Moderator Alan Foulds, Bylaw Committee
members Phil Pacino and Steven Crook, and members of the Rules Committee were
present.
The Town Manager noted that the question came up on the role of the Bylaw Committee
on whether they should offer an option on whether an Article is a good idea.
John Arena noted this is a follow up to a discussion at Town Meeting. He feels it is the
Bylaw Committees role to determine if there is a conflict of a Bylaw to not form an
opinion on the question. Richard Schubert noted that the Bylaw Committee had a
meeting where the demolition delay bylaw was discussed. John Arena noted that all the
Bylaw Committee had were words in black and white and that was not enough
information to determine whether or not it is a good idea.
Phil Pacino, 27 year member of the Bylaw Committee and Chairman, noted that the
Bylaw Committee had at least three other meetings on the demolition bylaw. They had a
full presentation. He noted this was a contentious issue and they came up with a solution.
He noted sometimes their recommendation goes over to opinion, but they were not
"winging it" at Town Meeting. The Bylaw Committee was fully informed and Town
Meeting doesn't have to listen to them and sometimes they don't. The Charter
Commission says they are doing what they are supposed to do.
Town Moderator Alan Foulds noted that he agrees with Phil Pacino. There's never been
a problem with the Bylaw Committee changing or adding.
James Bonazoli noted that the Town Manager said the Bylaw needed to be completely
rewritten so the Bylaw Committee should write the Bylaw. The Finance Committee
focuses on finance information—it's not their charter to question it.
Board of Selectmen Minutes—February 12, 2013 —page 6
Richard Schubert noted that he has no problem with how they operate because it ends up
as a discussion of the 192 Town Meeting Members.
John Arena asked what role the Bylaw Committee plays and the Town Manager noted
that the Bylaw Committee gets the articles after the Warrant closes so they can't change
anything. Anything they want to change must be in a form of a motion. He also noted
that the Finance Committee is governed by many laws, but not the Bylaw Committee.
Continued Hearing — Planet Fitness, 275 Salem Street; Reading Athletic Club, 1 General
Way; Burbank YMCA, Arthur B. Lord Drive — Request for License for Hours of
Operation Prior to 6:00 a.m. —The Secretary read the hearing notice.
Taylor Mandell, owner of Planet Fitness, noted that it is critical that the fitness facility be
open at 5:00 a.m. He noted that the Board approved a 5:00 a.m. opening for Snap
Fitness.
Irene Collins, Executive Director of the YMCA, noted that they have been opening at
5:00 a.m. for years and she is requesting to continue to open at 5:00 a.m.
Julie McCarthy, Administrator of the Reading Athletic Club, noted that they have always
opened at 5:00 a.m. and they are in an industrial zone and never had any complaints.
Resident Leslie McGonigle indicated she has no problem with 5:00 a.m. openings.
Lori Haverty noted that she goes to the gym in the morning while her spouse is home to
take care of the kids.
Maureen Hennessy, a member of the YMCA, indicated this is a good thing for the
community.
Gary Dupree noted that he is in favor of opening at 5:00 a.m. instead of losing business to
other towns.
Irene Collins noted that there are other individual businesses and programs in Town
starting before 6:00 a.m.
Taylor Mandell noted that there are no traffic issues for Planet Fitness. There is no traffic
at 5:00 a.m. and his members are not playing hip hop music at 5:00 a.m.
Richard Schubert noted that this is a one year license and it gives residents a chance to
see it in action. That is a way to work with the concerns of the abutters.
The Town Manager noted that he added condition 4 for Planet Fitness to not allow
parking in certain spaces between 5:00 a.m. and 6:00 a.m. Taylor Mandell asked how
would he prevent parking in those spaces and the Town Manager suggested cones or
signs.
Board of Selectmen Minutes—February 12, 2013 —page 7
A motion by Bonazoli seconded by Schubert to close the hearing on the request
pursuant to Section 7.7 of the Reading General Bylaw and further pursuant to
section 3.9 of the Board of Selectmen policies for a waiver of hours of operation
prior to 6:00 a.m. for Planet Fitness, Reading Athletic Club, and Burbank YMCA
was approved by a vote of 4-0-0.
A motion by Bonazoli seconded by Schubert that the Board of Selectmen approve a
license to operate a retail business between the hours of midnight and 6 am
pursuant to Section 7.7 of the Reading General Bylaw and further pursuant to
section 3.9 of the Board of Selectmen policies to Planet Fitness, 275 Salem Street,
subiect to the following conditions:
1. This license is for approval, pursuant to the Board of Selectmen
regulation 3.9, to open for business not earlier than 5:00 am on Monday
through Friday, and not earlier than 6:00 am on Saturday, Sunday, and
holidays.
2. This approval expires at midnight, December 31, 2013;
3. All signs shall conform to the Zoning By-Laws of the Town of Reading;
4. Parking from 5:00 am to 6:00 am shall be restricted to the parking spaces
immediately in front of the building, and specifically, parking shall not be
permitted during those times in the parking spaces next to the fence
abutting the westerly property line.
In granting this license the Board finds that in accordance with Section
5.10.4 of the General Bylaws:
• It is in the interest of the public health, safety and welfare, or that public
necessity or convenience will be served by permitting such operation; and
• There is no detrimental effect of such operation on the Town or the
immediately abutting neighbors.
The motion was approved by a vote of 4-0-0.
A motion by Bonazoli seconded by Schubert that the Board of Selectmen approve a
license to operate a retail business between the hours of midnight and 6:00 am
pursuant to Section 7.1 of the Reading General Bylaw and further pursuant to
section 3.9 of the Board of Selectmen policies to Reading Athletic Club, 1 General
Way, subiect to the following conditions:
1. This license is for approval, pursuant to the Board of Selectmen
regulation 3.9, to open for business not earlier that 5:00 am on
Monday through Friday, and not earlier than 6:00 am on Saturday,
Sunday, and holidays.
2. This approval expires at midnight, December 31,2013;
3. All sins shall conform to the Zoning By-Laws of the Town of
Reading;
In erantin2 this license the Board finds that in accordance with Section
5.10.4 of the General Bylaws:
Board of Selectmen Minutes—February 12, 2013 —page 8
• It is in the interest of the public health, safety and welfare, or that public
necessity or convenience will be served by permitting such operation; and
• There is no detrimental effect of such operation on the Town or the
immediatelv abutting neighbors.
The motion was approved by a vote of 4-0-0.
A motion by Bonazoli seconded by Schubert that the Board of Selectmen approve a
license to operate a retail business between the hours of midnight and 6:00 am
pursuant to Section 7.1 of the Reading General Bylaw and further pursuant to
section 3.9 of the Board of Selectmen policies to Burbank YMCA, 36 Arthur B.
Lord Drive, subiect to the following conditions:
1. This license is for approval, pursuant to the Board of Selectmen
regulation 3.9, to open for business not earlier that 5:00 am on
Monday through Friday, and not earlier than 6:00 am on Saturday,
Sunday, and holidays.
2. This approval expires at midnight, December 31,2013;
3. All signs shall conform to the Zoning By-Laws of the Town of
Reading;
In granting this license the Board finds that in accordance with Section
5.10.4 of the General Bylaws:
• It is in the interest of the public health, safety and welfare, or that public
necessity or convenience will be served by permitting such operation; and
• There is no detrimental effect of such operation on the Town or the
immediately abutting neighbors.
The motion was approved by a vote of 4-0-0.
Hearing — Review/Approve Sturges Park — The Secretary read the hearing notice.
Recreation Administrator John Feudo and Sturges Park Planning Committee members
Leslie McGonagle, Dave Walsh, and George Katsoufis were present.
John Feudo noted that the Committee kicked off in May 2012. They met with the
Conservation Commission and conducted a town wide survey.
Leslie McGonagle noted that the Committee was charged to come up with a plan. She
noted there is a problem with the skating area; there are drainage issues; the playground
is in a dangerous area and there is no seating; parking could be improved; the sewer
pump is an eyesore; the wall is eroding, and the Committee recommends a trail around
the park.
The concept plan includes moving the playground; raise the hockey area; move the
softball field back a little; change the tennis court to go north and south; and add a new
basketball half court.
Board of Selectmen Minutes—February 12, 2013 —page 9
James Bonazoli noted that the neighbors have been involved. The Committee went
before the Conservation Commission and the playground is in the Capital Improvement
Plan.
George Katsoufis noted there are four stages for the improvements and the playground is
number one.
John Feudo noted the proposed playground will move in 20' and will be fenced in with
heavy gauge black fence.
Maureen Hennessy, a neighbor, noted that her son enjoys playing street hockey in the
basketball court and asked if the half court will be big enough for this. John Feudo
indicated it can be used for multi purposes and it will be a good size court.
Ron D'Addario noted he coached 81h grade girls softball there and this is a beautiful park.
A motion by Bonazoli seconded by Schubert to close the hearing on review/approval
of the Sturges Park Master Plan was approved by a vote of 4-0-0.
A motion by Bonazoli seconded by Schubert to approve the Sturges Park Master
Plan as presented on February 12, 2013 was approved by a vote of 4-0-0.
Report — Climate Advisory Committee — Committee members Joan Boegel, Michele
Benson, Ron D'Addario, Ray Porter, and Laurie Ann Sylvia were present.
Joan Boegel noted that Reading's baseline CO2 emissions is 292,000 tons and the target
is to reduce that by 10%. For the energy action plan they did residential audits and
efficiency workshops; a tree planting program; education, and outreach. The Green
Business Award was awarded to Swiss Baker.
The Committee proposes to prepare a report on climate change and focus on issues that
directly affect Reading. Other goals are to upgrade the website and strengthen their link
with the Board of Selectmen. It was noted that April 29, 2013 is Earth Day at Mattera
Cabin.
John Arena noted that Gina Snyder talked about rain gardens and he suggested focusing
on two or three interesting items such as light bulbs.
James Bonazoli noted that there is turnover at the schools every four years and that would
be a good time to educate about cars idling at the schools. He also suggested the walk to
school day; partnering with Ecars, and he would like to see the Reading Municipal Light
Department put up a charging station.
Preview Annual Town Meeting Warrant — The Town Manager reviewed the Annual
Town Meeting Warrant.
Board of Selectmen Minutes—February 12, 2013 —page 10
Article 26 deals with whether or not the Town wants to allow any billboards.
The Town Manager asked if the Board wants to change the threshold amount in the
resolution of legal matters in Section 5.2 of the General Bylaws and the consensus of the
Board was to leave it as is.
The Town Manager also noted that he spoke with the Attorney for the Eric's Greenhouse
property and they might need a zoning change. If they do we will have a Special Town
Meeting within the Annual Town Meeting.
John Arena asked for an Article requiring the Town to develop suitable petition articles
and he proposed new language for the number of business days to clarify if it is Monday
through Friday because Town Hall is closed on Fridays. The Town Manager noted that
the Charter says seven business days and that was changed from five days to seven days
to address the issue.
A motion by Arena seconded by Bonazoli that the Town Manager be directed to
propose a candidate document failed by a vote of 2-2-0 with Tafoya and Schubert
osposed.
CY2013 Goals — With the hour being late the Board decided to take this up at a future
meeting.
Approval of Minutes
A motion by Schubert seconded by.Bonazoli to approve the minutes of December _
18,2012 as amended was approved by a vote of 4-0-0.
A motion by Schubert seconded by Bonazoli to approve the minutes of January 8,
2013 was approved by a vote of 4-0-0.
A motion by Schubert seconded by Bonazoli to approve the minutes of January 15,
2013 was approved by a vote of 4-0-0.
A motion by Schubert seconded by Bonazoli to adiourn at 10:45 p.m. was approved
by a vote of 4-0-0.
Respectfully bmitted,
Secretary