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HomeMy WebLinkAbout2015-09-15 Board of Selectmen Minutes o� OF I? O Town of Reading b Meeting Minutes 2.1 CO 0 Board - Committee - Commission - Council: Board of Selectmen Date: 2015-09-15 Time: 7:12 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Purpose: General Business Session: General Session Attendees: Members - Present: I Chairman Daniel Ensminger, Vice Chairman John Halsey (remotely), Secretary Kevin Sexton, John Arena and Barry Berman Members - Not Present: Others Present: Town Manager Bob LeLacheur, Matthew Kraunelis, Laura Gemme, Paula Schena, Bill Brown, Kathi Crook, Catherine Robertson, Karen German, Manual German, Bill Andrews, Ralph and Adele Blunt Minutes Respectfully Submitted By: Secretary Kevin Sexton Topics of Discussion: Reports and Comments Daniel Ensminger noted that John Halsey will be participating in tonight's meeting remotely. Selectmen's Liaison Reports and Comments — John Arena thanked the armed services and private groups for their tireless efforts in facilitating the return of the remains of Christopher Vars who has been missing in action for 65 years. He also noted that he participated in the household hazardous waste collection and it was very well run. Barry Berman noted he attended a meeting on the Climate Advisory Committee regarding the legislation on the gas leaks. The Committee has come up with some exciting things i.e. assist seniors to get energy audits to save on heating bills. He attended the Library Building Committee meeting and the unanticipated costs were drainage and ledge. Those are now done and there are no known causes of concern on the horizon. Kevin Sexton noted that he spoke with the Chairman of the Human Relations Advisory Committee and they are trying to figure out who they are and where they want to be. He suggests bringing them in before the Selectmen because they are having problems getting press releases out. Daniel Ensminger noted that the Financial Forum is tomorrow night at 7:30 p.m. at Coolidge Middle School. The Permanent Building Committee Appointment Committee is conducting interviews on September 23 at 7:00 p.m. Public Comment — Bill Brown noted that the Selectmen approved an ADA certificate but Town Hall is not handicap accessible and not all playgrounds are handicap accessible. The Town Manager noted that the Wood End playground is the only handicap accessible playground. He also noted that every time we do repairs at Town Hall we try to make improvements. Page I 1 Board of Selectmen Minutes - September 15, 2015 - page 2 Town Manager's Report - The Town Manager encouraged everyone to fill out the senior services survey. He also noted that a preview of tomorrow night is in tonight's handout. Discussion/Action Item 375th Anniversary - Anna Foulds, and Phil Rushworth were present. Anna Foulds noted that her husband Alan was sick so she will fill in. Anna Foulds noted that a group of Reading residents want to start thinking about the 375th celebration. The Town had 13 days of celebrating for the 350th anniversary including a huge parade, grand ball, all day picnic and fireworks. The planning committee for the 350th started in 1989. Town Meeting approved a nine member committee and they left a legacy of $10,000 for the millennium. They want to put together a committee to propose a steering committee. Phil Rushworth noted that they asking the Selectmen to designate them to ask Town Meeting to form a committee. Daniel Ensminger noted that the Warrant for the Subsequent Town Meeting is closing tonight so he asked if it could wait until the Annual Town Meeting. It was noted that it could wait. Barry Berman asked where the money will come from and Phil Rushworth noted fundraising and the celebration committee. Daniel Ensminger directed the group to draft an Article and email it to him and the Town Manager. Barry Berman suggested they do some outreach to people who were not here for the 350th. Phil Rushworth noted that people can contact him, Alan Foulds or Stephen Crook. Vote to Discontinue old Accuvote Machines and Approve the new Voting Machines - Town Clerk Laura Gemme noted that a presentation was done on August 5th. The bids were received today and they were the same. She needs to read through the responses before deciding so she suggests hold on this until the next meeting. John Arena asked if any other communities were getting new machines and if so could we purchase as a group. Laura Gemme noted that there are and they are not interested in purchasing as a group. John Arena suggested asking for a 10 or 20 year maintenance plan and the Town Manager noted that we can't go past three years without Town Meeting approval. Barry Berman asked if the RFP requested a list of towns they have sold machines to and Laura Gemme noted it did and she spoke with the towns and the state. The state cannot make any recommendation. Discussion about Moving Local Election to March 1, 2016 and Combining with the Federal Presidential Primary - Daniel Ensminger noted that this has worked out well in the past and asked if there is any downside to it. Laura Gemma noted there is no problem and that actually helps bring in a big turnout. Daniel Ensminger noted the Town Clerk will have to educated people that there will be two ballots. He also noted that there will be a five week shift on all key dates i.e. the Warrant will close January 26th, nomination papers will due January 12th and voter registration will close on February 10th. Laura Gemme noted that she will make nomination papers available in November. Page 1 2 Board of Selectmen Minutes - September 15, 2015 - page 3 A motion by Sexton seconded by Berman to move the Local Election to March 1, 2016 to combine it with the Federal Presidential Primary was approved on a roll call vote with all five members voting in the affirmative. Hearing - Early Opening Request for Tread LLC, 6 Linden Street to Open at 5:00 a.m. - The Secretary read the hearing notice. Owners Lori Haverty and Tiffany Feitas were present. Ms. Feitas noted that they opened six weeks ago. They have a diverse demographic. They received over 100 requests to offer earlier classes. She noted that all of the other fitness clubs open at 5:00 a.m. She spoke with the neighbors and has been working closely with the abutting neighbor. She has spent $20,000 on soundproofing. They have a powerful subwoofer and she brought in a specialist who turned down the subwoofer as low as possible. Ms. Haverty noted that the pounding of the bass is what they heard. Daniel Ensminger noted that the Board received a letter and an email dated today that the problem still exists. Ms. Feitas noted that is sounds like a bass and microphone issue. Karen German, 12 and 14 Linden Street, noted that her and her neighbors thought a nightclub move into the neighborhood. She doesn't hear music anymore, but she hears the pounding and it is worse on the weekends. She hears it in her pillow and her husband and daughter get woken up too. She noted that there is an empty patio in front of 10 Linden Street so it could be an echo. Ms. Feitas noted that she fixed the problem for one neighbor and it would be helpful for her sound engineer to could go out and see what the problem is. She also noted that 5:00 a.m. is the biggest time slot because people want to work out before they go to work. The booming of the bass is new for them so they will try a mixer. John Arena asked how many people are in the classes and if they tried headphones. It was noted there are 15 in a class and there is too much movement for headphones. Lori Haverty noted that she tried to teach without a microphone and she is losing her voice. Adele Blunt, 22 Linden Street, noted that she was outside in her car and could her beep, beep and the young lady yelling out instructions. She cannot hear it from her house but can hear it from outside. Karen German noted that the early hours are the hardest to deal with. Daniel Ensminger suggested keeping the hearing open until there is a solution. He wants to do a site visit. Ms. Feitas noted this will severely hurt their business. John Arena noted that the Board has never received any complaints for early opening for any of the athletic clubs. Karen German asked why they need such loud music in such a small building. It was suggested that the louder class be scheduled for later. Ms. Feitas noted that the loud music goes with spinning and spinning is #1 in the industry. Barry Berman noted that he visited the studio during the Fall Street Faire and was impressed. He is inclined to allow them to open early like other athletic clubs but they still need to work on mitigation. Daniel Ensminger noted that people should not be woken up at 5:00 a.m. Page 1 3 Board of Selectmen Minutes - September 15, 2015 - page 4 Kevin Sexton noted that those homes are business zoned not residential zone. Karen German agreed but noted that those homes have been residential for 100 years. Resident Bill Andrews from Roma Lane suggested putting a contingency that they work with the abutters. If they don't fix then they lose the license in five weeks. Lori Haverty noted that she can offer lower intensity classes at 5:00 a.m. This is huge to their business. John Arena noted that allowing them to open at 5:00 a.m. until October 20th gives the appearance for the Selectmen to be the bad guys if it doesn't work out. John Halsey felt it was a good idea for the parties to work together. He feels the owners will work hard to work with the neighbors and we should give them the opportunity to work it out. A motion by Sexton seconded by Arena to close the hearing for the early opening for Tread LLC at 6 Linden Street was approved on a roll call vote with all five members voting in the affirmative. A motion by Sexton seconded by Arena 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 Tread, LLC, 6 Linden 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 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, October 20, 2015; 3. All signs shall conform to the Zoning Bylaws 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 on a roll call vote with all five members voting in the affirmative. Daniel Ensminger instructed the Town Manager to re-advertise the hearing for October 20 at 8:00 p.m. John Halsey reminded the neighbors that they can come back before October 20 if need be. Hearing - Private Road Acceptances - Causeway Road, Cory Lane, Dividence Road, Pond View Roma Lane and Sailor Tom's Way - The Secretary read the hearing notice. Town Engineer George Zambouras was present. The Town Manager noted the streets fall into two categories. Causeway Road and Dividence Road are not subdivisions but the others are. He noted that CPDC voted three roads three weeks ago and approved the remainder last night. Page 1 4 Board of Selectmen Minutes - September 15, 2015 - page 5 Daniel Ensminger noted there will be no additional assessments. George Zambouras noted that Sailor Tom's Way is fairly new. It was completed one year ago. The tree has been transplanted and CPDC has voted acceptance. Roma Lane has an outstanding bond for minor work which has been completed and CPDC voted to accept it. Cory Lane has an outstanding bond and work to be done. CPDC seized the bond. The work has been done and CPDC released the covenant and voted to accept. Zachary and Gregory Lanes still need work before accepting. CPDC required certain work on Dividence Road but the layout does not fall under the subdivision. We are accepting the portion of Dividence Road from Zachary to Emerson. Pondview Lane was accepted five years ago but the residents didn't want because of a defect on the sidewalk. The roadway is complete. Daniel Ensminger asked if the lots have been released and George Zambouras noted that before a subdivision is completed, the contractor has to sign a covenant but in order to recomplete just posts a bond. Causeway Road - George Zambouras noted that in 1957 the state established a layout of Causeway Road when I-93 was being created. The layout was approved and from the state yard to the cul-de-sac is a private way. The Town made improvements. Following the Town Meeting vote, the Board of Selectmen needed to vote the taking within 90 days and it didn't happen so we are redoing. This is a house cleaning job. Mr. Livingstone, 52 Causeway Road, asked if the road will finally be accepted and noted that the abutters paid for this many years ago. I was noted that it is being accepted. Mr. Livingstone asked of Austin Prep plans on filling in the two lots on Causeway Road and George Zambouras noted that he heard they might fill in from their track project but there were issues with the MBTA. Stephen Crook asked if Lynn Village Way is a public way and George Zambouras noted it is. Stephen Crook asked if there are street lights on a private way, then who pays for them and George Zambouras noted more than likely the Town. A motion by Sexton seconded by Arena that the Board of Selectmen close the hearing on street acceptances was approved on a roll call vote with all five members voting in the affirmative. A motion by Sexton seconded by Arena that the Board of Selectmen recommend the acceptance of Causeway Road, Cory Lane, Dividence Road, Pond View, Roma Lane and Sailor Tom's Way as public streets was approved on a roll call vote with all five members voting in the affirmative. Close Warrant for November Town Meeting - The Town Manager noted that the first three articles are by default. Article 4 is to pay two prior year bills - a school legal bill and a small plumbing bill for facilities. Article 5 is budget amendments. Article 6 is street acceptances that we just covered. Article 7 is a CPDC article on zoning. Article 8 is regarding wireless facilities and Town Counsel will present that. Barry Berman noted that Article 8 is complicated and he requests that a half page explanation be done showing what is happening and why and also what if we don't do it. Page 1 5 Board of Selectmen Minutes - Sepetember 15 2015 - page 6 Article 9 is regarding the aquifer protection. John Arena noted an overview would be helpful. The Town Manager noted he will do a translation guide. Article 10 is a zoning bylaw change because the Attorney General says CPDC and ZBA should not include Associates. Article 11 is a Bylaw Change regarding removal for absence. It basically crosses out a sentence and refers to the Charter. Article 12 removes the residency requirement entirely. There have been instances in the past where non-residents were helpful. Daniel Ensminger indicate he feels removing all residency requirements is too much. He would like to pull out this Article for further discussion. John Arena asked about property owners who don't live here. It was decided to remove Article 12. Article 13 is due to significate changes to the state animal control bylaw he suggests pulling this Article out and have a public process with Town Counsel. John Arena noted that assistance animal, comfort animal, etc. will need more attention. He also suggested to get the word out to the veterinarians, groomers and trainers. Article 14 is to settle litigation. Article 15 is a petition and Article 16 is the firearms bylaw. A motion by Sexton seconded by Arena to close the Warrant consisting of 14 Articles for the 2015 Subsequent Town Meeting to take place on November 9, 2015 at 7.30 p m in the Performing Arts Center, 62 Oakland Road was approved on a roll call vote with all five members voting in the affirmative. Approval of Minutes A motion by Sexton seconded by Berman to approve the minutes of September 1, 201 5 as amended was approved on a roll call vote with Halsey, Ensminger, Sexton and Berman voting in the affirmative and Arena abstaining. A motion by Arena seconded by Berman to adiourn the meeting at 9:35 p.m. was approved on a roll call vote with all five members voting in the affirmative. Respectfully submitted - / I f Secretary Page 1 6