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HomeMy WebLinkAbout2004-02-10 Board of Selectmen Minutes Board of Selectmen Meeting February 10,2004 The meeting convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Richard Schubert, Secretary- Gail Wood, Selectmen Camille Anthony and Matthew Cummings, Public Works Director Ted McIntire, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Attorney Steven Cicatelli, Chris Miller, Sharlene Reynolds Santo, Michael Bourave, Joe Santo, Bill Brown, Kevin Sheehan, Eddie Charest, Adam and Glenn Paradis, Alex Ortiz, Sue and Tim Conley, Paul Feely, Susan O'Connor, William Webster, James Lynch, Michael Dougan, Stephen Crook, Robin Hamilton, Bret Rice, Fred Doherty,Barry Vargus. Reports and Comments - Selectmen's Liaison Reports and Comments - Chairman George Hines welcomed Boy Scout Troop 704 who are working on their citizenship badge. Selectman Matthew Cummings noted that the School Committee is looking at a 6.25% increase in the FY 2005 Budget, and he thought the Finance Committee stated that was way too much. He also noted that there are new positions on the School Department budget. Selectman Matthew Cummings noted that there was a problem with the Cable broadcast of the School Committee Meeting, and the Town Manager noted that Comcast has the obligation to keep the s'ystem operational. He will contact Comcast after he makes sure that the problem isn't in the High School. Selectman Camille Anthony noted that the Town and the School Department have a 10 year.old Business Manager Agreement that needs to be addressed. Vice Chairman Richard Schubert noted that the Route 128/1-93 Ad Hoc Study Group is meeting on Thursday in Woburn to review consultants. Chairman George Hines noted that the Charter Review Committee is making progress and they did a call-in show. Town Manager's Report The Town Manager gave the following report: + The Town Manager noted that there was a copy of a draft letter to Woburn City Council on Inwood in tonight's packet. + He will ask the Selectmen to approve minor changes to the Water Management Program later this evening. + He noted that tomorrow is the last day to register to vote, and the Town Clerk's Office will be open until 8:00 p.m. Board of Selectmen Meeting-February 10, 2004—Page 2 Discussion/Action Items _ Appeal to Board of Selectmen on Denial of Livery License—Abacus Livery. 75 Woburn Street— Chairman George Hines noted that the Town Manager denied the license and the applicant is appealing to the Board.of Selectmen. The Town Manager noted that the application was reviewed by Police and Zoning. The property at 75 Woburn Street is at the corner of Woburn and Bancroft and is approved for demolition. It is zoned for two families but is a rooming house which is a zoning violation. He has concerns about parking. Barry Vargas showed pictures of the parking to the-Selectmen. He noted that only three people live in the house and two of them have cars. He also noted there is plenty of off street parking and he is not adding cars, he is just changing his personal vehicle to business. Vice Chairman Richard Schubert asked if Mr. Vargas was the owner of the property and he indicated that he was not. The Town Manager noted that the owner has ZBA approval to demolish and build a four family house. Vice Chairman Schubert asked what happens when the tenants relocate, and the Town Manager noted that he would need to reapply. Chairman George Hines asked Mr. Vargas if he leased or was a tenant at will. Mr. Vargas indicated that he was at will. He has an agreement dated 4/1/02 that indicates that his apartment comes with one space and he could get an additional space for$10/month. The Town Manager noted that the parking in front of the house is not legal. Selectman Camille Anthony asked how many legal parking spaces there were, and. the Town Manager indicated there were two or three out back. One of the Boy Scouts asked what the Town could do about the illegal parking in front of the house, and Chairman Hines indicated that the Town could send the Zoning Officer out. A motion by Wood seconded by Cummings to approve the livery license for Bari;y Q. Vargus Sr. d/b/a Abacus Livery at 75 Woburn Street with the condition that the vehicle be parked in the back of the propejU was approved by a vote of 5-0-0. Discussion—Access to George Street Site from Curtis Street—The Town Manager noted that the application is a comprehensive permit for development of property on George Street. It was in litigation and the settlement included the elimination of access on George Street and moved the access to Curtis Street. The Zoning Board of Appeals held a number of hearings. The Board of Selectmen has received a petition from residents, and the Selectmen need to approve the modification in order for the project to move forward. Attorney Steven Cicatelli representing James Lynch was present. Attorney Cicatelli handed out a copy of the plan for Curtis and George Street, a copy of correspondence from an abutter, the recommendation of the Town Engineer, and the recommendation of the Fire Department. He noted that both portions of the neighborhood are satisfied. A ladder truck can converse easily in Board of Selectmen Meeting—February 10,2004 Page 3 the proposed roadway. He noted that the purpose of tonight's meeting is not to discuss whether the roadway should be paved—that will require a hearing. The Town Manager noted that the property owner has the right to access from Curtis Street but doesn't have the frontage. The Board of Selectmen need to determine what conditions will be allowed. He also noted that the paved end is not wide enough to access a 24 foot roadway. Attorney Cicatelli noted that he sent correspondence to the abutters. He has offered to pave,. fence, etc. the Hamilton's property. He has prepared an easement for the Town owned parcel. He also noted that the Fire Department and Town Engineer have made favorable recommendations and some departments have made no comments. It the Board of Selectmen don't make a recommendation, then the ZBA will assume they have no comments. Vice.Chairman Richard Schubert stressed the importance of a good design. He noted that the leftover sites in Town have access issues. Other developments in Town have not turned out as good as they should have, and the homeowners come to the Board of Selectmen for answers. He also noted that if this was a clean slate, nobody in their right mind would design a project like this. He feels the developer could do fewer units, and feels it is difficult to weigh in because he doesn't have a final plan. Chairman George Hines asked how many units there will be. Attorney Cicatelli noted originally 17, then they went to 12 units, and now are down to 10 units. Three of those units will be affordable. Attorney Cicatelli noted that the Selectmen had a final plan in their packet and the requirements for a PUD is 20 feet. Selectman Gail Wood noted that there are too many vehicles for Curtis Street. She also noted that the Town Engineer states that the entrance is now designed for appropriate access. She suggested using George Street as the access and Curtis Street as the egress or vice versa. Attorney Cicatelli noted that the settlement included no access on George Street. The Town Engineer recommended looping of utilities but the George Street residents said no. Attorney Cicatelli noted that this is not a new 40B project--just amended. The Town Manager noted that the settlement is not binding on the Town of Reading it is a private deal. Selectman Matthew Cummings asked what the Board is supposed to be deciding on. The Town Manager indicated the widening of the pavement on the west side of Curtis to taper into the driveway. Attorney Cicatelli noted that he will do an overlay of all of Curtis Street. Robin Hamilton of 102 Curtis Street noted that she is not opposed to the development. What she is opposed to is facing head on traffic to get to her property. She is requesting that the road be kept as one lane, and suggests the road loop through the development onto George Street. Board of Selectmen Meeting—February 10,2004—Page 4 Bret Rice of 99 Curtis Street noted that the developer made a commitment to lessen the concerns of abutters but the total impact was never explained to him. Selectman Gail Wood noted that she strongly recommends that the water mains be looped. Selectman Matthew Cummings noted that he prefers written communication from the ZBA indicating what they are looking for and then hold a public hearing. The Town Manager noted that the access at the end of Curtis Street is clumsy but not as clumsy if the cars are just going in. Selectman Gail Wood asked if the Board gives permission to pave in the future, can they put conditions on it then. Fred Doherty of 68 Curtis Street noted that there was an incident last Friday and the Fire and rescue vehicles blocked the intersection of George Street and Curtis Street. He also noted that there are at least 20 new children in the neighborhood. Vice Chairman Richard Schubert noted that the number of units,number of cars and adequacy of access needs to be looked at. The drawings are not to scale -- it shows a 50 foot ladder truck in a 20 foot space. He recommends the looping of the water main. Chairman George Hines noted that Curtis Street is a dead end now and will continue as a dead end. If the project is approved,the Town will get three affordable units. Selectman Matthew Cummings requested that the ZBA define what they want for a future hearing. A motion by Anthony seconded by Wood to send the Minutes of this meeting to the ZBA was approved by a vote of 4-1-0,with Cummings opposed. Discussion — Water Management Program — The Town Manager noted that Public-Works Director Ted McIntire is asking for the Board's approval of minor changes to the Water Management Program so that it can be sent out in the water bills. Ted McIntire noted that the Water, Sewer and Storm Water Management Advisory Committee recommends shortening the outdoor water use from 4:00 a.m. to 11:00 a.m. to 4:00 a.m. to 9:00 a.m. because there is a lot of evaporation in the late morning. This would meet the requirements of the State and PEP. In the mowing lawn section,they will highlight cutting the lawn to 3"to 3 V2". The third change on the flyer is to change the date from April 2003 to March 2004. A motion by Cummings seconded by Wood to approve the amendments to the Water Conservation and Management Program as recommended was approved by a vote of 5-0-0. Selectman Camille Anthony asked about the status of the 1-93 containment, and Ted McIntire noted that he has no staff to implement, and that an RFP needs to be put together. Board of Selectmen Meetings—February 10,2004—Page5 The Board requested that DPW priorities be put on a future agenda. Board of Selectmen Policy — Article 1 — General Operating Procedures — The Town Manager reviewed the changes to the policy. He noted that Section 1.9 Non Discrimination — Persons with Disabilities is a new section. Selectman Camille Anthony noted. that Section 1.3 indicates that the Selectmen approve the Annual Report and the Board hasn't been doing that but they should. Selectman Matthew Cogs noted that Section 1.1.1 regarding organization indicates that movement through officer positions is intended to be progressive, and he indicated that progressive movement is not practical because not all individuals have the skills to run a meeting. Chairman Hines noted that the policy is a guideline and can be deviated from. In Section 1.1.4, Paragraph #4, a period will be placed after "Unions" and the section "to communicate.....Town Manager"will be deleted. Board of Selectmen Policy—Article 2—Volunteer Boards. Committees and Commissions—The Town Manager reviewed the changes to Article 2. He noted that he separated the Ad Hoc Committees from the standing committees. Chairman George Hines indicated that a process needs to be put in place to carry through with the Eugene Nigro Award. Selectman Camille Anthony suggested adding to Section 5.2.1 that the Boards, Committees or Commissions will elect a Chairman annually. Chairman Hines noted that the Charter states that the Boards, Committees and Commissions can follow their own rules. Selectmen Camille Anthony and Matthew Cummings noted that Section 2.4.3 should be enhanced to include wording that meetings should be professional and non-confrontational and recourse is removal at the Board of Selectmen's discretion. A motion by Cummings seconded by Wood to go into Executive Session for the purpose of approval of minutes, labor negotiations and litigation not to come back into Open Session was approved on a roll call vote with all five members voting in the affirmative. Respectfully submitted, Secretary