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HomeMy WebLinkAbout2009-03-17 Board of Selectmen Minutes Board of Selectmen Meeting March 17, 2009 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 Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary James Bonazoli, Selectmen Camille Anthony and Richard Schubert, Youth Representative Sarah Muiroy, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Health Administrator Larry Ramdin, Office Manager Paula Schena and the following list of interested parties: Bill Brown, Dom LaCava, John Gill, John and Linda Toth, Philip Logsdon, Andrew and Marie Donahue, P. Genovese, Jonathan and Lori Gorski, Nancy Graham, John and Beth Joyce, Thomas and Jane McCord, Chaya and Hasmukh Patel, Walter and Laura Mack, Ralph Blunt, Donald Smith, Ronald Vanderberg, Rachel Marolda, Representative Brad Jones, Attorney Josh Latham, Jack Sullivan, Andrew Stebbins, Dennis Brearley, Dantel Hart, Mark and Nancy Cullen, John and Lynn Arena, Barbara and Joseph Argonish, Michelle and Robert Halloran, Karen Cerretani, Barbara Meade, Karen Janowski, Vincent Logidice, Jennifer George, Daniel DeCarpis, Donna Reid, Richard and Donna Whalen. A motion by Anthony seconded by Bonazoli to go into Executive Session for the purpose of strategy with regard to litigation to come back into Open Session at approximately 7:30 p.m.was approved on a roll call vote with all five members voting in the.affirmative. The Board reconvened in Open Session at 7:30 p.m. Reports and Comments Selectmen's Reports and Comments - Youth Representative Sarah Mulroy noted that the RMHS Drama Club's production of the Laramie Project was a success. She also noted that "Reading Rocks" will take place at the Birch Meadow School on March 20, 2009 from 7:00 p.m. to 10:00 p.m. She noted that the LEO Club will hold a game night at the Senior Center. Vice Chairman Ben Tafoya thanked the Clergy Association for the ceremony on Friday. He noted that the Laramie Project was outstanding, and thanked Police Chief Jim Cormier, Superintendent of Schools Pat Schettini and Principal Joseph Finigan for all their hard work in keeping this an orderly event. Public Comment—The Town Manager indicated that he responded to Fred Van Magness' email. Proclamations/Certificates of Appreciation Proclamation—Honoring Rachel Marolda-Rachel Marolda and her family were present. Board of Selectmen Meeting—March 17, 2009—Page 2 Sarah Mulroy requested that the Board recognize Rachel Marolda. She noted that Rachel was diagnosed with a rare brain tumor in 2006 before starting her freshman year in high school. She was operated on and several months after her surgery, she began designing her own jewelry. She will be donating $10,000 from the proceeds of her jewelry business for brain tumor research. Sarah noted that Rachel is an inspiration to everyone. A motion by Bonazoli seconded by Anthony to approve the Proclamation honoring Rachel Marolda was approved by a vote of 5-0-0. Discussion/Action Items Discussion — State Senator and Reps — Representative Brad Jones was present. He noted that Representative Dwyer sent a letter indicating that he is unable to be present, and Senator Richard Tisei is also unavailable. Representative Jones noted that we are not out of the woods yet with the 9C cuts for FY09, and the stimulus money for FY09 was higher than expected so that might help. He also noted that the revenue forecast for FY10 is being revised, and six out of eight hearings have been held on the budget. He feels that the budget will be ready by the last week in April. Reading is receiving just over $1 million for Special Education for FY09 and FY10, and the payment will be spread out over 27 months. Representative Jones noted that there were 8,000 submittals for the stimulus package, and they are looking at geographical equity and timeframe. He does not know what the Chapter 90 reimbursements will be. With regard to double poles, he is getting the list from Reading and reaching out to other communities. The Town Manager noted that the Governor has proposed initiatives, and the towns need authority in the plan design for health insurance. He asked about the hotel tax and the local option meal tax. Representative Jones noted that the meal tax is hard to track because not all corporate offices break them down by cities and towns. He also noted that they are discussing lowering the threshold for the weighted vote of the health insurance bargaining. Representative Jones noted that Ash Street crossing is in good shape, the Downtown is moving along, and the 93 Interchange project is being looked at as far as takings, visual and sounds. He requested at least two representatives from Reading participate in this scoping process. Vice Chairman Ben Tafoya noted that Bob Frey indicated that they are looking at the scaled back version of the Interchange and dealing primarily with the lane drop. The question is what version of the plan is under environmental review. The Assistant Town Manager noted that Town Meeting starts in a few weeks, and if the Town needs to take action on the FY 2009 Budget, we need to know by then. Representative Jones noted that the federal stimulus is good only for 27 months and then it disappears. Board of Selectmen Meeting—March 17, 2009—Page 3 Selectman Camille Anthony asked how much of the.stimulus is for capital, and Representative Jones indicated,hopefully, approximately$2 billion is for capital. Highlights—Health—Temporary Food Events,Update on Training—Health Administrator Larry Ramdin and Barbara Meade from the Board of Health were present. The Health Administrator gave a brief overview of the training that he will be conducting on March 19th for fundraising events. He noted that it originated as food safety and has grown to include facilities, police, fire, recreation and the Town Clerk's Office. Selectman James Bonazoli asked the difference between State and local regulations. The Health Administrator noted that very few of the regulations are local—95% of them are State code. He also noted that bake sales need a permit but there is no fee. Vice Chairman Ben Tafoya noted that the Health Department doesn't get involved in private events—only public events. Chairman Stephen Goldy asked if an Eagle Scout event by invitation needs a permit. The Health Administrator indicated that if there is no fee attached, then it is a closed event and doesn't need a permit. Review Proposed 885 Main Street LIP — Attorney Joshua Latham, Engineer Jack Sullivan, Architect Andrew Stebbins and property owner Dennis Brearley were present. The Town Manager noted that a presentation was made to the Board of Selectmen on January 23, 2009. At that time, the Board .suggested inviting the neighbors in for a discussion at a meeting when there was a full board present. Issues raised by the Board include the location of the dumpster, pedestrian access and parking. Emails have been received from abutters with a lot of questions. Selectman Camille Anthony asked when the abutters were notified, and the Town Manager indicated that they were notified last week. Attorney Latham noted that Dennis Brearley acquired the property at 891 Main Street. His intent is for his mother to live at this property. There have been two DRT meetings and they are trying to make the plan look attractive. He noted that the proposal is for five units of affordable housing under the LIP Program. The concept plan has 20 units in four buildings. This qualifies for the LEED for Homes Project. There will be a possible walking path. They are trying to make the multi-family look like a single family home. They want to see if the Board is interested in the proposal. Architect Andrew Stebbins reviewed the concept plan. He noted that there would be two parking spaces per unit. He also noted that the shadow areas could be parking. They originally had the trash dumpster in a different location but the trash truck would not be able to back in so they located it on the other side of the property next to a building. He noted that the lighting would be Board of Selectmen Meeting—March 17, 2009—Page 4 two foot candles, and there would be no light trespass onto another property. He indicated that this is a sustainable design that qualifies for the LEED Program. Engineer Jack Sullivan noted that this is a two acre site with wetlands. They will comply with the Conservation Bylaws and meet all zoning setbacks. A retaining wall will be needed. Mr. Sullivan indicated that Mass Highway limits curb cuts, so they will have one curb out on Main Street. The traffic pattern will be one way circulation. There will be a pathway out to Francis Drive. The water system will be looped out to Francis Drive. Mr. Sullivan indicated that the original plan had 24 units and they reduced it to 20. The sewer will drain into Main Street. The drainage will not exceed the rate of run off when it is developed. The run off from buildings will be piped underground. The Town Manager noted that if the Selectmen are interested in this, then a hearing would have to be scheduled. The Selectmen would decide if they want to partner with the applicant. If the Selectmen do decide to partner, then it would go onto the ZBA. Chairman Stephen Goldy indicated that he is disappointed about putting high density housing in the neighborhood. He noted that the Town has an affordable housing plan to keep high density housing out of the neighborhoods. He asked what would happen if the Selectmen do not partner with the applicant. Attorney Latham indicated that they would go back to the drawing board. Selectman Richard Schubert asked about the change in elevation. Engineer Jack Sullivan noted that from Francis Drive to the wetland is a 20-25 foot drop. From Main Street back is a five foot drop. He indicated that they don't want to use structural retaining walls. He also noted that they want to keep the development level. Selectman Richard Schubert asked if there were scaled drawings yet, and it was noted that there were not. He noted that the rendering has no perspective with the neighborhood, and he would like to see that including site screening and fencing. He asked what will be done to minimize the removal of existing buffers. Mr. Sullivan indicated that they will locate the trees over 6" in diameter and show them on the plan, and they will try to keep as many as possible. Selectman Schubert indicated that he would like the applicant to respond to the notes in the DRT Minutes. Mr. Sullivan indicated that when they get to the final design, they will go back to the DRT. Vice Chairman Ben Tafoya indicated that the applicant needs to get back to the public with answers to the questions received. Selectman James Bonazoli indicated that the Board asked at the last meeting if they had reached out to the neighbors, and they indicated that they did. Attorney Latham noted that they reached out to one abutter. Selectman Richard Schubert noted that the best potential for a project can't be done in isolation—they need abutter's comments. Attorney Latham indicated that this is not a formal filing—it's a work in progress. Jennifer George of 884 Main Street indicated that she feels an extreme feeling of mistrust. She lives across the street and has heard nothing about this project. She can't imagine 40 cars getting .in and out of that property without any problems. Board of Selectmen Meeting—March 17, 2009—Page 5 Dom LaCava of 3 8 Francis Drive noted that he is extremely disappointed that more notice wasn't given to the neighbors. He also noted that this development will have an extreme impact on Francis Drive. Linda Toth of 55 Francis Drive was disappointed that there was no notification about the development, and had concerns about shadows from the buildings. She noted that she purchased her home with the understanding that nothing would be built back there. She asked how a single family zoning changed to multiple housing. Tom McCord of 44 Francis Drive noted that this development is between two neighborhoods - Francis Drive and Duck Road, and is not a Main Street development. He also noted that multi- family dwellings create noise, more cars, the traffic pattern is in a circle so all vehicles go through the development, and the pedestrian traffic will be increased. Mark Cullen of 58 Francis Drive noted that he is the closest abutter, and asked about the location of the walkway. John Arena of 26 Francis Drive noted that the project is too big for the property. He feels that there is no guidance from the Selectmen, and indicated that this project in not going to enhance property values. Barbara Argonish of 895 Main Street noted that she started getting water on her property when 891 Main Street was built, and she has concerns because she is 6-10 feet below the proposed project. John Gill of 12 Francis Drive asked why a pathway was needed to Francis Drive. He has concerns that traffic will be increased. John Toth of 55 Francis Drive noted that Francis Drive will become an extra parking lot for the development, and this totally destroys why he moved to Francis Drive. A resident from 24 Duck Road indicated that a more detailed rendering is needed and also what the environmental impact will be. She indicated that she tried to expand her deck but couldn't because it was too close to the wetlands. Michelle Halloran of 881 Main Street noted that she is an abutter and the plan shows parking in her backyard. A resident from 55 Francis Drive extended an invitation to the Board of Selectmen to do a site visit on Francis Drive. Karen Cerretani of 33 Francis Drive noted that there is a natural swale on Francis Drive, and the backyards across the street end up with three feet of water. She noted that there are no curbs on Francis Drive and if people park in front of a house, the mailman will not deliver the mail. Board of Selectmen Meeting—March 17, 2009—Page 6 It was the consensus of the Board that the applicant and neighborhood get together and try to work things out before the Selectmen spend any more time on this issue. Hearing— 5.00 a m opening Dunkin' Donuts—454 Main Street— continued from February 10 — The Town Manager noted that the applicant has withdrawn the request for an early opening. A motion by Bonazoli seconded by Tafoya to close the hearing for an early opening for Dunkin' Donuts was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafoya that the Board of Selectmen approve the applicant's request to withdraw without prejudice the application for the early opening of Dunkin' Donuts at 454 Main Street was approved by a vote of 5-0-0. Hearin—5.00 a m opening Dunkin' Donuts—273 Salem Street—continued from February 10 The Town Manager noted that the applicant has withdrawn the request for an early opening. A motion by Bonazoli seconded by Tafoya to close the hearing for an early opening for Dunkin' Donuts was approved by a vote of 5-0-0. A motion by Bonazoli seconded by Tafoya that the Board of Selectmen approve the applicant's request to withdraw without prejudice the a0plication for the early opening of Dunkin' Donuts at 273 Salem Street was approved by a vote of 5-0-0. Vice Chairman Ben Tafoya had left the meeting at 10:30 p.m. Hearing—Turn Restrictions—Main and Hopkins—The Secretary read the hearing notice. A motion by Schubert seconded by Bonazoli to close the hearing for a "Right Turn Only" on Hopkins Street on Main Street was approved by a vote of 4-0-0. A motion by Schubert seconded by Anthony to approve an amendment to the Town of Reading Traffie Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 for the Town of Reading by adding to Article 6, Section 17b, "Right Turn Only," Appendix A-13b, the following locations: Street Location Hopkins Street Eastbound onto southbound Main Street Westbound onto northbound Main Street And that in Appendix A-13 — 6.17 "Left Turns Prohibited," no vehicle traveling eastbound on Hopkins Street shall make a left turn onto Main Street shall be rescinded was approved by a vote of 4-0-0. Hearing — Parking Regulations — Brande Court Parking Lot — The Secretary read the hearing notice. Board of Selectmen Meeting—March 17, 2009—Page 7 A motion by Anthony seconded by Schubert to close the hearing on parking regulations for Brande Court was approved by a vote of 4-0-0. A motion by Bonazoli seconded by Schubert to approve an amendment to the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to Appendix A-4a: TWO HOUR PARKING OR ALL DAY PARKING WITH EMPLOYEE PERMIT DURING CERTAIN HOURS ON CERTAIN STREETS 8.00 a.m. to 5:00 p.m. (Monday through Friday) Location Brande Court parking lot was approved by a vote of 4-0-0. Hearing- Stop—Northbound Harrison at Charles—The Secretary read the hearing notice. A motion by Schubert seconded by Bonazoli to close the hearing for a stop sign northbound on Harrison Street at Charles Street was approved by a vote of 4-0-0. A motion by Schubert seconded by Bonazoli to approve an amendment to the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to Article 6, Section 6.12, in Appendix A 12,the following: Appendix A-12 6.12—Obedience to Isolated Stop Sims Street Location Harrison Street at Charles Street Northbound drivers was approved by a vote of 4-0-0. A motion by Anthony seconded by Goldy to adjourn the meeting of March 17, 2009 at 10:55 p.m. was approved by a vote of 4-0-0. Respectfully submitted, Secretary