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HomeMy WebLinkAbout2006-10-03 Board of Selectmen Minutes Board of Selectmen Meeting October 3, 2006 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 Ben Tafoya, Vice Chairman James Bonazoli, Secretary Stephen Goldy, Police Chief Jim Cormier, Town Counsel Ellen Doucette, Public Works Director Ted McIntire, Town Engineer George Zambouras, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Paula Schena and the following list of interested parties: Bill Brown, Paul Guazzaloca, Jay Lenox, Carmen and Anthony Cavallo, Attorney Joshua Latham, Attorney Brad Latham, Attorney Chris Coleman, George Katsoufis, Bill Connors, Kevin Furilla, Kiln Honetschlager, Arvind and Anju Patel, Police Officers Christine Agnone, Kristen Stasiak and Corey Santasky, Elaine Webb, Kathy Greenfield. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Richard Schubert noted that he attended the Housing Forum,and indicated that it is important to promote and advertise meetings regarding 40S regulations. Selectman Camille Anthony noted that "Your Community Connection" is in the mail this week and includes a Holiday Guide. She also noted that the crosswalk over Palmer Hill needs a sign. When people are driving from Wilmington,they are almost on top of the crosswalk before seeing the school zone sign*. Selectman Stephen Goldy reminded folks that the Fire Department's Open House is October 14, 2006. He has received a number of e-mails regarding the Selectmen's vote on Addison-Wesley, and he lobbies again to sit down with the developer. Selectman Richard Schubert noted that the opportunity is still there - it's up to the developer now. Chairman Ben Tafoya noted that if we Have the developer in, then the Board of Selectmen should know what they want and offer an alternative. Chairman Ben Tafoya noted that the Selectmen received an e-mail that stated the Selectmen had discussion and reacted in 45 minutes. He indicated that he personally participated in 23 meetings and, in addition, there were two CPDC meetings and neighborhood meetings, and they were always open and willing to listen. Selectman Richard Schubert noted that the design charette is an opportunity to come up with an alternative. Vice Chairman James Bonazoli noted that he looked into what it takes to do a charette, and the Board has already had a tremendous amount of public input. It doesn't make sense to spend money on a charette. He would like to bring the developer back to discuss alternative plans. Board of Selectmen Meeting—October 3,2006—Page 2 Selectman Richard Schubert noted that the size of the development is the key issue. The developer refused to go below 320,000 square feet because it is not economically viable. The developer is not willing to negotiate so we would not be working with the same developer. The Board decided to put this on the October 17, 2006 agenda for further discussion. Town Manager's Report The Town Manager gave the following report: ■ The Town Manager noted that Simms' Jewelers celebrated their 50th Anniversary in the same location. ■ John Feudo sent him an e-mail regarding Leathers & Associates who will be doing the assessment of Imagination Station on November 4th. • The Town Manager reviewed the schedule for the flu clinics. The Comcast Care Days is October 7, 2006. • Julie Thurlow has been promoted to President of the Reading Co-Op Bank. Proclamations/Certificates.of Appreciation Proclamation — Tootsie Roll Drive — Paul Guazzaloca, from the Knights of Columbus was present to receive the Proclamation. A motion by Goldy seconded by Schubert.to .proclaim October 5-8, 2006 as Knights of Columbus Weekend for the Physically and Mentally Challenged Children was approved by a vote of 5-0-0. Discus sion/Action..Items Highlights — Technoloy — Bill Connors, Kevin Furilla and Kim Honetschlager were present. Bill Connors noted that the Technology Division supplies the computer network,network design, telephone system, e-mail, hardware and software support and training, and software support for the school system. Projects that they are working on include the Wide Area Network (WAN), centralized telephone and data systems, centralized access and standardized communication. The Town Manager noted that the WAN includes connecting all of the municipal buildings including the schools, and we will be asking for money at Town Meeting. Mr. Connors noted that we have a 20 year old financial system, and they are looking at replacing, the financial software. They are also going to develop a new website and looking at a complaint tracking form, permit tracking, on-line bill payments, and on-line program scheduling. He also noted that they will be asking for money at Town Meeting for the new web page. Mr. Connors noted that they are also looking at document storage and retrieval, and Ms. Honetschlager is working with the RMLD's GIS person. Ms. Honetschlager noted that the last fly over was in 1998. She maintains the existing GIS layers and is developing new layers. She makes maps including thematic maps and spatial analysis. She updates the zoning maps, and the water and sewer GIS layers are being finalized. She also noted that the RMLD might be interested in hosting an interactive mapping on the website. Board of Selectmen Meeting—October-3, 2006.—,,Page 3 School Committee Member Elaine Webb noted that it is important to have accurate information, and the Town needs a good municipal program for the financial forums. The Town Manager noted that we will be asking for funding at the Annual Town Meeting. Swear in new Police Officers — Police Chief James Cormier introduced the three new Police Officers: Christine Agnone, Kristen Stasiak and Corey Santasky, and family members pinned on their badges. Hearing Change of Location and Chang0 of Manager —North Side Liquors — The Secretary read the hearing notice. Attorney Chris Coleman was present representing the applicant Arvind Patel. The Town Manager noted that North Side Liquors was burned out of their former location, and they have been working diligently to relocate. They are applying for a change of location and a change of manager. Attorney Coleman noted that they.are moving to 150 Main Street. It has 925 square feet of space. The correct plan that is part of the application is the plan with the cooler on the right side. They will have the same employees. Anju Patel spends the most time there, so she will become the Manager. The Town Manager noted that CPDC has made some requirements. Selectman Camille Anthony asked it they will be in operation by December 31, 2006. Mr. Patel indicated that he hopes to be in by November. Attorney Coleman noted that they have to wait for the ABCC approval and for the landlord to-do the curb cut, etc. A motion by Goldy seconded by Bonazoli to close the hearing on the change of location and change of manager for North Side Liquors was approved by a vote of 5-0-0. A motion by Goldy seconded by Anthony to approve the change of location of the Package Store Liceuse of North Side Liquors to 150 Main Street, and the Board approved the chane of manager to Aniu Patel, subject to the following conditions: • Prior to the issuance of a Certificate of Occupancy and on an ongoing basis, the applicant shall conform with all bylaws, rules and regulations of the Town of Reading, including but not limited to the sign portions of the Zoning By Laws, and compliance with the site plan waiver requirement of CPDC ; • All permits must be applied for and received; • The business must begin operation at this site no later than 12-31706 was approved by a vote of 5-0-0. Review Local Authority to Approve Traffic Regulations — The Town Manager noted that there have been concerns that some of the traffic regulations the Selectmen are putting in place are not legal. Board of Selectmen Meeting—October 3,2006—Page 4 Town Counsel Ellen Callahan Doucette was present. She noted that the Board of Selectmen can erect stop signs and yellow parking zones without State approval if they conform with the State Manual. The Uniform Traffic Control Device gives guidance and standards. Guidance provides discretion and the standard tells you what you cannot do. Guidance is not mandatory. The Town Manager noted that means the Selectmen cannot change the color or shape of a stop sign. Where they place the stop sign, there are guidelines that should be followed unless there is a good reason not to follow. Police Chief James Cormier noted that staff has to get the information to help the Board of Selectmen make their decision. A lot of times the traffic study does not support a stop sign. The Board of Selectmen has the ability to'vary but they need something more concrete to vary. The Parking, Traffic and Transportation Task Force does a lot of research, and comes back to the Board of Selectmen with recommendations. He suggests having staff develop guidelines so that decisions are not made on emotions. There needs to be standards in place and if the Selectmen are not going to use the State guidelines,then they should create their own. Town Counsel noted that the Town cannot deviate too much. The State can revoke any regulation that the Selectmen implement that doesn't meet regulations. The Town could also lose Chapter 90 funds. Chief Cormier noted that if the Town Engineer used engineering concepts, then he could justify deviation. Selectman Camille Anthony noted that all the stop signs they have put up are a traffic calming measure. She feels that the guidelines are wrong for the Town of Reading. She also feels that it doesn't make sense to wait until there are crashes before putting up a stop sign. Public Works Director Ted McIntire noted that an engineering study can include geometry, hills, angles, etc. He also noted that the PTTTF uses the State guidelines. Staff feels that it is a waste of their time to review because once the request comes to them, they know the decision is already made. Vice Chairman James Bonazoli noted that he realizes we can't have the police on every street but traffic canning measures need to be implemented. If staff can't recommend a stop sign, then .give him an alternative.- Tow n lternative:Town Counsel noted that if the Board of Selectmen votes to put up a stop sign, then it is legal and no resident should determine otherwise. Chief Cormier noted that the Police will enforce all stop signs and if someone wants to challenge it,then they can take it to Woburn Court. Selectmen Camille Anthony and Richard Schubert will work on developing guidelines. Board of Selectmen Meeting—October 3 2006—Page 5 Hearing—Amendment to the Venetian Moon Liquor License — The Secretary read the hearing notice. The Town Manager noted that Attorney Joshua Latham and Venetian Moon owners Carmen and Anthony Cavallo were present. Attorney Latham noted that the Venetian Moon serves over 1000 customers per week. There is a two hour wait for tables on the weekends. Approximately 60% of the customers are out-of- towners. They are proposing a massive expansion to 4,000 square feet. They propose 125 seats in the basement with a bar, accessory live music and a function room. They will be moving-the main entrance. For security, they will have alarms, video scanning, and the liquor will be behind the bar or in a locked room. The employees attend serve safe classes, and the restaurant has insurance. The Fire Department is requiring him to install a vertical lift. The building will have sprinklers. Selectman Camille Anthony noted that the Board of Health has requirements, and they need to be adhered to before the Certificate of Occupancy is issued. Elaine Webb asked the owners of the Venetian Moon to be a partner in the Reading Coalition Against Substance Abuse. A motion by Anthony seconded by Bonazoli to close the hearing on amending the Venetian Moon Liquor License was approved by a vote of 5-0-0. A motion by Schubert seconded by Anthony to approve the plan for alterations to the Venetian Moon Restaurant for an all alcoholic liquor .license at 680 Main Street in accordance with the plans dated 9-5-06 by.Trimark United East, sub_iect to the following conditions ® Prior to the issuance of a Certificate of Occupancy and on an ongoing basis, the applicant shall conform with allbylaws, rules and regulations of the Town of Reading, including but not limited to the sign portions of the Zoning By- Laws, and compliance with the site plan waiver requirement of CPDC; • All permits must be applied for and received, including any variances to the State building or handicapped access.codes; ® Construction of improvements must begin no later than 45 days from the date of issuance of the license, and the business must begin operation in.its new configuration not later than 120 days therefrom; ® Applicant will install, maintain and continue to operate the security systems as represented at the hearing was approved by a.vote of 5-0-0. Entertainment License — Venetian Moon — The Town Manager noted that the owners of the Venetian Moon have applied for a live entertainment license. The box area on the plan is where the band will be. The live music will only be in the basement during certain hours. It will be accessory to dining and there will be no adult entertainment. Board of Selectmen Meeting—October 3,2006—Page 6 Attorney Latham noted that the background music will be light jazz, piano environment. Sound proofing is being installed, and the music will not be loud. Selectman Richard Schubert asked what the process is if there is an issue with sound. The Town Manager noted that the police should be called to take action, and they would notify him the next day. The Selectmen can revoke the license if need be. Vice Chairman James Bonazoli noted that he is concerned that the tables will be taken out of the basement and it will become a bar room. The Town Manager noted that there is a restriction of 15%for seating at the bar. Selectman Stephen Goldy asked if any other establishments have a live entertainment license. The Town Manager noted that Savory Tastes Cafe has live entertainment two days per week, and Bear Rock Cafe has live entertainment on Friday nights. Elaine Webb, representing the Old South Church, asked that the live entertainment not interfere with religious activities on Sundays. Attorney Latham indicated that will not be a problem. A motion.by Schubert seconded by Anthony that the Board of Selectmen approve the live entertainment license for Venetian Moon at 680 Main Street expiring 12-31-06, subject to the following conditions: • Live music will be.allowed only.in the.basement area as designated on the plan dated 9-5-06 by Trimark United East,filed with the Board of Selectmen, • Live music will be allowed.only.between the hours of 5:00 p.m. and 11:30 p.m. on Mondays .through Fridays, and 1:00 p.m. to. 11:30 p.m: on. Saturdays and Sundays, • Live music shall be accessory to dining and will.be allowed only while food .is served; • There shall be no adult entertainment; • There shall.be no dancing by patrons or entertainers; • No tickets may be sold, nor other charge made for admittance to the live musical entertainment; • The license holder, will ensure. minimization of sound and noise from the.live music,including keeping exterior doors closed; • The live music shall not be audible from any residential premises, or audible from and nearby church facility or interferemith worship activities; • The license holder will at all times abide by the.rules and regulations issued by the Town of Reading applicable to entertainment licenses was approved by a vote of 4-1-0,with Goldy opposed. Establish Ad Hoc Community Preservation Act Study Committee — The Town Manager noted that CPDC is requesting that the Board establish a Community Preservation Act Committee. Chairman Ben Tafoya suggested making the term expire June 30,2007. Board of Selectmen Meeting—October 3, 2006—Page 7 Selectman Camille Anthony suggested taking out the Board of Selectmen selecting the Chairman. She also suggested an interim report to the Board of Selectmen by early January 2007. A motion by Anthony seconded by Goldy to approve the policy establishinjZ an Ad Hoe Community Preservation Act Study Committee was approved by a vote of 5-0-0. Review 128/I-93 Position — The Town Manager noted that Mass Highway, is holding a public hearing on October 25, 2006 at the Coolidge Middle School. Selectmen Camille Anthony and Richard Schubert will speak for the Selectmen at this hearing. Selectman Richard Schubert reviewed the plans. He noted that plan H3-C has an option to consider relocating the Washington Street ramp in Woburn. Most of the changes are within the existing right of way. Two loop ramps will be eliminated, and a fourth lane will be added.on Route 128 both ways. The concept of how this is constructed is important. Town Engineer George Zambouras noted that the State does not have to do all of the work at once- they can phase it in.. When construction is being done,we will lose one lane on Route 128 and that will add to local traffic. The Town could request closed loop signals. Chairman Ben Tafoya asked how much closer this will come to the community. Selectman Richard Schubert noted that in the South Street area, it is not closer but the elevation is higher. Selectman Camille Anthony noted that when capacity is being added,-it's easier to get noise barriers. Mr. Zambouras note that we will get better ones—Class A. George Katsoufis noted that this is a plan to address a critical hot spot. He also noted that transit solutions are not the expertise of Mass Highway. There are no takings with this plan, and there will be a significant improvement to our local streets. There are also non-highway recommendations are well. Selectman Camille Anthony noted that her concern with plan H2 is that the south loop is too high. The Assistant Town Manager asked how far away they will study the traffic flow. Mr. Katsoufis indicated West Street, Main Street up to Summer, Route 129 for a couple of blocks, and Walkers Brook Drive up to John Street. The Town Manager noted that Washington Street needs to be added. This will be added to the October 17, 2006 agenda. ' _Approval of Agreement with Reading Housing Authority re: 75 Pleasant Street —The Town Manager noted that this agreement implements the site plan that was previously approved. The Town will provide the labor for the parking lot. i Board of Selectmen.Meeting—October 3,2006-Page 8 Attorney Brad Latham noted that in order to get DHCD approval, the Reading Housing Authority has to prove that they have site control. A motion by Goldy seconded by Anthony to approve the agreement between the Town of Reading and the Reading Housing Authority re: 75 Pleasant Street was approved by a vote of 5-0-0. Approval of Historical Preservation Restrictions — 420 Franklin Street — The Town Manager noted that there are historic preservation restrictions on 420 Franklin Street. Kathy Greenfield, Chairman of the Historical Commission, noted that this half house at 420 Franklin Street is the most historical house in Reading. They reached an agreement with the. developer who will subdivide the property and build a new home behind it. The Town Manager asked what is the Town committing to do. Ms. Greenfield noted that the developer is granting the preservation restriction. The house cannot be moved, demolished, etc. Any changes to the house needs approval of the Historical Commission. She also noted that there was one change on Page 4d. The-grantor wanted to add the other half of the house but the Mass. Historical Commission would not agree. There are very few half houses in existence. A motion by Anthony seconded by, Bonazoli to, approve -the preservation restriction agreement between the PRZ Properties, Inc: and the Town of Reading regarding the property located at 420 Franklin Street was approved by a vote of 5-0-0. .Approval of Minutes A motion by Anthony.seconded by Goldy to approve the Minutes of September 12,.2006 was approved by a vote of 5-0-0. A motion. by Goldy seconded by Anthony to approve the Minutes of September 16, 2006 was approved by a vote of 4-0-1,with Bonazoli abstaining. A motion,by Goldy seconded by Anthony to approve the Minutes of September 28, 2006 was approved by a vote of 4-0-1,with Bonazoli abstaining. A motion by Anthony seconded by Schubert to adiourn the meeting of October 3, 2006 at 11:00 p.m.was approved.by a vote of 5-0-0. Respectfully ubmitted, Se etary