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HomeMy WebLinkAbout2005-12-06 Board of Selectmen Minutes Board of Selectmen Meeting December 6,2005 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 Camille Anthony, Vice Chairman Richard Schubert, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Public Works Director Ted McIntire,Business Administrator John Sousa, Town Counsel Gary Brackett, Assistant Town Manager Bob LeLacheur, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Bill Brown, Donna Beaulieu, George Hines, Christine Boungardt, Angela Binda, Richard Foley, Harry and Marilyn Simmons,Phyllis Mullins, Meghan Young, Frank and Eileen Faggiano, Fred Alexander, Janelle and Jon Bonasera, Erick Schultz, Sheila Spinney, Jean Clark, Phyllis and Ed Doherty, Barbara and Marcel Boisvert, David Tuttle, Attorney Brad Latham, Attorney Mark Gallant, Rick Russo, Robin Shea, Danielle Robinson, Al Garbarino, J. and D.J. Roy, Leslie and Peter Leahy, Trisha and Tom Fitzgerald, Frank Touserkani, Mark Schneider, Judy Bradley, Fred and Joan Doherty, Jonathan O'Neill, Lori Halligan, Joan Neary, Paula Gentile, Heidi. Bonnabeau, Lori Presho, Diane Weggel, Bob Weggel, Sharon Petersen, Michelle Hopkinson, Edward Murphy, John Schipelliti, John Zahlaway, William Pike, Bob Clay, Nancy Hinds, George and Debbie Rio, Jean and Richard Roketenetz, Richard Balboni, Yuging Xue, Theresa Petrillo, Joseph Westerman, Ann Webster, Jeffrey Everson, Michael Webb, Walter Begonis, Ron D'Addario, Vincent Stanley, Christopher Diemer, Bill Webster, Brad Fuller, Rod Emery, Elizabeth Farley, Joan and Peter Garcia, George Katsoufis, William Griset, Pete Dahl,Kate Thibault, Jay Lenox, Catherine Gleason, Jay Doherty, Jonathan and Derik Lansing, John Malley, Joshua Latham, Tom Connery, Mary Avery, Thomas Nalwalk, Bill Brooks, Richard Askin, Stephen Crook, John Diaz, Attorney Mark Favaloro, Representative Patrick Natale. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman James Bonazoli noted that he covered the Office Hours tonight and '/z hour is not enough time. He was impressed with the amount of e-mails regarding Addison-Wesley. He also noted that substance abuse and underage drinking is a problem. Selectman Ben Tafoya noted that the Historical Commission sent an e-mail on the Historic Preservation Bylaw and suggests that the Selectmen look at it. Chairman Camille Anthony noted that the Historical Commission will be invited in to discuss this matter. Selectman Ben Tafoya noted that he drafted a letter regarding Town Meeting decorum in Town Meeting Time Chapter 9. He is asking that the Town Moderator take a look at it. The Town Manager noted that he ordered 12 copies of Town Meeting Time for the precinct chairs. Board of Selectmen Meeting—December 6, 2005 —Page 2 Selectman Ben Tafoya noted that he drafted a memo on substance abuse, and the Board needs to schedule a Summit Meeting. Vice Chairman Richard Schubert noted that a plan to get to a Summit is needed. Chairman Anthony noted that she is liaison to the SAPAC and will contact them. Public Comment — George Hines was present and noted that he hopes it doesn't take another tragic event before the Board does something regarding the substance abuse problem in Reading. He urged the Board to schedule a Summit Meeting, and the date of January 5, 2006 was decided on for the Summit, Town Manager's Report The Town Manager gave the following report: + ' The Holiday Lighting event was great. + The cost of*compost bins are increasing from$20 to $25. + The Reading Technology Fund is selling Readingopoly. + Taxes will be payable on line in the near future. * Construction enforcement is being done. + The Town is looking for a snow dump. Personnel and Appointments Reading Retirement Board — The Board interviewed Richard Foley for one position on the Retirement Board. Duffy moved and Tafoya seconded to place the followinLy name into nomination for one position on the Contributory Retirement Board with a term expiring December 31, NO& Richard Foley. Mr. Foley received five votes and was appointed. Discussion/Action Items Highlights — DPW re: Rubbish Collection, Disposal and Bidding — Public Works Director Ted McIntire and Business Administrator John Sousa were present. The Town Manager noted that the Town is going out to bid for rubbish collection and disposal. John Sousa noted that they disposed of 10,096 tons of rubbish, and we recycled 1875 tons of paper last-year. The Town will be doing curbside collection of trees the week of January 9, 2006, and the Compost Center will be open January 14, 2006. SWAC re: Recycling and DPW re: Bidding of Rubbish/Recyclin — The Town Manager asked the Board if they want to continue with the Solid Waste Advisory Committee. It is a seven member committee but only has three members. Vice Chairman Richard Schubert asked if Pay As You Throw can be looked at. Ted McIntire noted that if we go to PAYT, then the recycling will increase.. John Sousa noted that we save $25 per ton when we recycle. Ted McIntire noted that he drove around a few years ago, and saw 76% participation in recycling. Selectman Joseph Duffy indicated that 76% is too low. Board of Selectmen Meeting--December 6, 2005 —Page 3 Vice Chairman Richard Schubert indicated that he wanted to revisit PAYT, and Ted McIntire noted that the SWAC studied that two times and it was a very long process. Vice Chairman Richard Schubert asked if the materials from the last presentation could be distributed to the Selectmen. Chairman Camille Anthony noted that she will call the members of the SWAC regarding the ad hoc committee. Hearing — 24 Hour Operation of WBD Shell Station — The Secretary read hearing notice. Attorney Mark Gallant, Rick Russo, Robin Shea and'Danielle Robinson was present. The Town Manager noted that this is a request for a renewal of a 24 hour operation. There is a memo from the Conservation Administrator in the packet. Attorney Mark Gallant noted that Motiva (previously Texaco) is seeking renewal. They will be open 24 hours per day and supply gas cans. There is no impact on residential abutters and the company is'involved with the community. Danielle Robinson noted that waste clean up has been done on the site since 1989. They are trying different type of remediation but it is not an exact science. Chairman Camille Anthony asked about the drainage basin sediments. Ms. Robinson noted that the basin in the State's right of way and the sediment is coming from the street. Chairman Anthony noted that conservation approval i.s needed to do work in the wetlands. Ms. Robinson noted that Conservation Administrator Fran Fink should go through David Weeks as the contact. A motion by Duffy seconded by Tafoya to close the hearing on the 24 hour operation of the Walkers Brook Drive Shell Station was approved by a•vote of 5-0-0. A motion by Schubert seconded by Duffy to approve an application for 24 hour sales by Motiva Enterprises, LLC d/b/a Reading Shell Station at 87 Walkers Brook Drive, upon a finding that, in accordance with Section 510.1 of the General Bylaws, the Board determines that: o It is in the interest of the public health, safety and welfare to permit such operation; and ® There is no detrimental effect of such operation on the Town or the immediately abuttiniz neiLyhbors; s Subject to the following conditions: 1 This approval expires at midnight,December 31, 2006; 2 All signs shall conform with the Zoning By-Laws of the Town of Reading; 3 The gasoline service station shall, in fact, be open 24 hours a day, seven days a week; 4 The operator will ensure that there is a supply of gasoline available at the station during all hours that the station is open; 5 The operator will provide gas cans for motorists who run out of gasoline on the road; Board of Selectmen Meeting—December 6,2005 —Page 4 6 The operator will prepare and post a list of local towing and repair shops that are open 24 hours a day for those who need it; 7. Restroom facilities shall be open 24 hours a day, seven days a week; 8 The environmental concerns in Fran Fink's memo, Paragraph #3 are dealt with by May 1,2006. was approved by a vote of 5-0-0. Approval of Modification of Easement—RMLD - The Town Manager noted that this gives the developer of Inwood Park the right to access the property through an RMLD easement. The Court decided that if the roadway or buildings need to be moved, the developer has to pay the RMLD $150,000 and the Town of Reading $245,000 for traffic mitigation. The motion states that the agreement will be executed when the Town receives the check. A motion by Schubert seconded by Bonazoli to approve the agreement between the Town of Reading, the Reading Municipal Light Department and Avalon Bay Communities, Inc. and will execute the agreement upon receipt of a check for $245,000 to the Town of Reading, which payment is required by their NWPA approval and will be used by the Town for traffic mitigation purposes was approved by a vote of 5-0-0. Follow up Addison-Wesley — Chairman Camille Anthony noted that Pearson had applied for rezoning for a hotel and office park. Now they want to be rezoned for retail to develop a Lifestyle Center. She noted that the Board of Selectmen are concerned regarding the access to this site. The Town hired John Diaz as a traffic consultant. Town Counsel Gary Brackett is present to review the options for the Selectmen. Selectman Ben Tafoya asked what the process needs to be, and Gary Brackett noted that the applicant presents the application for a zoning amendment, then the Board of Selectmen refer it to CPDC within 14 days, they will hold a hearing within 65 days, and then it goes to Town Meeting for approval. Selectman Ben Tafoya asked if CPDC can decline, and Gary Brackett indicated that they need to prepare a report and recommendations including any amendments, for presentation to Town Meeting. The CPDC can recommend against approval. The Board of Selectmen can make a formal recommendation to CPDC as part of the public hearing process. The Selectmen can also take a position on the amendment at Town Meeting. The Selectmen do not make the decision on curb cuts, etc. until after Town Meeting approves a rezoning. Gary Brackett noted that Town Meeting has the authority to adopt, reject or amend and adopt as long as any amendments are within the scope of the article. Selectman Ben Tafoya asked what the traffic process is, and Gary Bracket noted that CPDC will consider the general purposes of the zoning bylaw and any adverse impact on the community from traffic or the project in general. The project will need MEPA approval. The Town Manager noted that there has already been MEPA approval for a hotel, and the developer would have to reapply for a change or new application. Board of Selectmen Meeting—December 6 2005 —Page 5 Consultant John Diaz from Greenman—Pedersen, Inc. noted that the project is in the early conceptual stages, and he is looking at the traffic and impact on the roadways. The number of trips generated are based on 400,000 square feet of retail based on the national standard. He noted that this project will generate 8361 new trips with 25% of those being considered passerby bringing the total new trips to 6271 per day. Chairman Camille Anthony asked what percent increase in traffic there will be if this project goes in. John Diaz noted that the existing count is 1173 per day. He noted that Route 28 north of South Street carries 22,000 daily total. Add 6272 with the retail use equals a 33% increase in traffic. Selectman Ben Tafoya asked for the Saturday counts. John Diaz noted that there are no current Saturday counts, and that Sunday is one half of the Saturday numbers for retail. Vice Chairman Richard Schubert asked if anything more will be learned as the process goes on. John Diaz noted that MBPA might require other intersections to be looked at, and also look at Route 95 and cut through traffic in the neighborhood. Vice Chairman Richard Schubert noted that he serves on the Route 128/I-93 Task Force, and the data collected on the ramps show 83,000-84,000 vehicles per day. State Representative Patrick Natale was present and noted that he is seeing a similar issue in Burlington. He suggests that if the traffic is overwhelming on South Street and that area, then reject it. Chairman Camille Anthony asked about the cueing in conjunction with the volume of traffic. John Diaz noted today the off ramp is unsignalized with a 13.6 second delay and 34 foot cue. When the intersection becomes signalized, it will have a 15 second delay with an 84 foot cue. Northbound will have a 12 second delay with a 160 foot cue. Town Counsel Gary Brackett noted that the applicant should put in writing what his intent is. Then the Board of Selectmen can make their recommendation to CPDC and after Town Meeting approves, it will come back to the Board of Selectmen as.road commissioners. The Town Manager noted that John Diaz will get additional information to the Board, he will find out what the applicant is looking for, and schedule a joint meeting with the Board of Selectmen and CPDC in January. Chairman Anthony noted that the Selectmen will meet with CPDC on January 17, 2006. Approval of Licenses—The Town Manager noted that the Selectmen designated authority to him to issue certain licenses. The number of Common Victualler Licenses have been reduced due to Town Counsel's determination that if there is seating to sit and eat, then a Common Victualler. License is needed. A list of the licenses being renewed is attached and reviewed by the Health, Police and Inspection Departments. Board of Selectmen Meeting—December 6, 2005 —Page 6 Approval of Minutes A motion by Bonazoli seconded by Schubert to approve the Minutes of November 1, 2005, as amended, were approved by a vote of 4-0-0 (Selectman Tafoya had left the room). _A motion by Schubert seconded by Duffy to adiourn the meeting of December 6, 2005 at 11:00.p.m. was approved by a vote of 5-0-0. Respectfully submitte ocra