HomeMy WebLinkAbout2004-11-16 Board of Selectmen Minutes Board of Selectmen Meeting
November 16, 2004
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 7:32 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman
Camille Anthony, Secretary Gail Wood (arrived at 8:30 p.m.), Selectmen Joseph.Duffy and
George Hines, Town Manager Peter Hechenbleikner, Paula Schena and the following list of
interested parties: Assessor Dave Billard, Attorney Joshua Latham, Nick Diranian, John Halsey,
Peter Moscariello, Scott Farris, Paul Feely, Allison DaSilva, Janet Hatherley, Ralph Colorusso,
Thomas Ryan, Robert Nordstrand, Attorney Mark Favaloro, Kim Hazarvartian, Mark Bailey,
Anthony D'Arezzo, Ron Wood, Peter DuBois, Jane Grossi, Doug Neary, Helen Evans, Joyce
Kirk, Paul Piraino, Roger Gullotti, Andy and Kerry Bramhall,Bob Siridopolous, Mike and Brian
Patalano.
Reports and Comments
Selectmen's Liaison Reports and Comments - Selectman George Hines noted that he attended
the first meeting of the Hospital Trust Committee. He has received e-mails regarding the traffic
on Walkers Brook Drive. He suggested meeting with CPDC regarding the proposal for the
Danis property and to do some traffic planning with Dickinson. He also suggested discussing the
lighting issue at Jordan's, and asking them to evaluate the hours they are showing the Polar
Express because the times are too close together and there is not enough time for turnover in
parking.
Vice Chairman Camille Anthony noted that her and Selectman Gail Wood met with staff last
week regarding Danis and also met with Danis.
Chairman Richard Schubert noted that there is a meeting of the Mass Highway Task Force at
4:30 p.m. tomorrow at the Senior Center. He also heard from the Recreation Committee that
they weren't notified of the Morton Field hearing.
Public Comment—There was none.
Town Manager's Report
The Town Manager gave the following report:
e Flu Clinics—A flu clinic has been scheduled at Killam School on December 8th. ONLY the
following persons will be eligible to participate in this clinic:
Any Reading resident over 75 years of age;
Reading residents between 19 and 74 years of age with a doctor's note;
Those with cardiac and/or pulmonary disease;
Those who are immune compromised;
Those on aspirin therapy; and
Pregnant women.
Board of Selectmen Meeting—November 16, 2004—Page 2
The above categories will be provided vaccine on a "first come, first served" basis. The
clinic starts at 2:00 p.m. Final details will be released to the public by the end of the week.
♦ Morton Field—Upon consultation with Town staff, I would not be approving any openings in
the outfield fence as proposed. Openings are not needed for maintenance or moving of
equipment, and the DPW does not want to "attract" either equipment or pedestrians to the
outfield in a single location. The design of the fence is such that all access for all appropriate
uses is provided for, and aesthetically, and opening would have another fence behind it— or a
backstop.
A motion by.Anthony seconded by Wood to support Option 2 for a 10 foot opening with
a removable section of fence at Morton Field was approved by a vote of 5-0-0.
♦ The Route 128/1-93 Task Force is meeting in Reading on November 17th—tomorrow.
You have a memo in your packets regarding 143 Main Street site plan approval as follow up
to a Board of Selectmen inquiry.
o Household Hazardous Waste Collection results.
♦ Site lighting issues—Walkers Brook Crossing.
e West Street water main construction—Complete for the season.
o Chamber of Commerce - Person of the Year and Police Officer and Firefighter of the Year.
Proclamations/Certificates of Appreciation
Proclamation — National Hospice Awareness Month and Hospice Care's 25th Anniversary — A
motion by Wood seconded by Hines to approve the Proclamation for National Hospice
Awareness Month and Hospice Care's 25th Anniversary was approved by a vote of 5-0-0.
Personnel and Appointments
Cultural Council — The Board interviewed Janet Hatherley for one Associate position on the
Cultural Council.
Anthony moved and Hines seconded to place the following name into nomination for one
Associate position on the Cultural Council with a term expiring June 30, 2005: Janet
Hatherley. Ms. Hatherley received four votes (Gail Wood had left the.room) and was
appointed.
Discussion/Action Items
Request for Use of Public Way —Timothy— Attorney Joshua Latham. and property owner
Nick Diranian were present.
The Town Manager noted that this is an issue of encroachment of a swimming pool, fence and
patio in the public way.
Attorney Latham noted that the property was purchased in 2001 and five acres were donated to
the Town. The property owner had a pool and patio installed in 2002 and there were a series of
errors and mistakes. He wants to finish the project and do it the right way. The retaining wall,
propane line and fence are in the right of way. Attorney Latham indicated that a sidewalk is not
needed because this is at the end of the cul-de-sac. He asked that he not have to remove what
has been installed and in turn he will take care of the island and plant new trees.
Board of Selectmen Meeting=November 16, 2004—Page 3
Chairman Richard Schubert asked if the light pole was present when the fence was being built,
and Attorney Latham indicated that it was.
Vice Chairman Camille Anthony noted that the stockade fence is 8-9 feet in the public way and
this is a blatant disregard for the Town Bylaws.
Chairman Richard Schubert noted that it is the responsibility of the homeowner to make sure the
work is done properly.
Mr. Diranian noted that the propane line is where it was when he bought the house.
Chairman Richard Schubert noted that the violation occurred months ago and notification was
given,yet the construction still continued.
Attorney Latham noted that they have a hearing before the Conservation Commission tomorrow
night and the retaining wall is the biggest issue.
Vice Chairman Camille Anthony noted that the Conservation Administrator has sent many letters
and the property owner never responded. This is not the Town's responsibility.
A motion by Anthony seconded by Schubert to approve the use of a portion of the public
way of Timothy Place pursuant to Section 5.2.1 of the General Bylaws to permit the
encroachment of a portion of a concrete patio, fence, propane line and retaining wall as
shown on plans submitted to the Conservation Commission failed by a vote a vote of 0-4-0,
with Schubert, Anthony,Duffy and Hines voting in the negative.
Hearing—Tax Classification-Joseph Duffy read the hearing notice. The Town Manager noted
that a copy of the notice was sent to the Chamber of Commerce.
Assessor Dave Billard noted that there are four issues: Residential factor, open space discount,
residential exemption and commercial exemption. The Town Manager noted that the Town's
commercial property should be re-evaluated next year.
Mr. Billard noted that lowering the residential factor would increase the commercial rate
approximately 50%. The Board of Assessors recommends staying with a residential factor of 1.
Mr. Billard noted that if the Town assessed property as open space, only approximately 39
properties would qualify and these properties have an average assessment of $33,194. The
Board of Assessors recommends not adopting an open space discount.
Mr. Billard noted that if the Board adopted a residential exemption, it would skew the tax burden
from the lower properties to the higher properties. The Board of Assessors recommends that the
Selectmen not adopt a residential exemption.
Board of Selectmen Meeting—November 16, 2004—Page 4
Mr. Billard noted that a small commercial exemption would increase the taxes of commercial
properties valued at over $1 million. The Board of Assessors does not recommend a commercial
exemption.
Attorney Mark Favalaro noted that the ReadinglNorth Reading Chamber of Commerce supports
a residential factor of 1.
A motion by Hines seconded by Anthony to close the heariniz on the tax classification was
approved by a vote of 4-0-0.
A motion by Hines seconded by Duffy to approve a residential factor of"I" for FY 2005 as
recommended by the Board of Assessors was approved by a vote of 4-0-0.
A motion by Hines seconded by Anthony to not adopt an open space discount for FY 2005
as recommended by the Board of Assessors was approved by a vote of 4-0-0.
A motion by Hines seconded by Anthony to not 11rant a residential exemption for FY 2005
as recommended by the Board of Assessors was approved by a vote of 4-0-0.
A motion by Hines seconded by Anthony to not grant a small commercial exemption for
FY 2005 as recommended by the Board of Assessors was approved by a vote of 4-0-0.
Continued Hearing — Intersection at Walkers Brook Drive and General Way — Secretary Gail
Wood rejoined the meeting.
The Town Manager noted that staff met with the applicant. An abutting property is probably
going to be used as retail. The applicant is proposing to install a signal and remove it if it is not
needed.
John Diaz noted that an alternative to a signal would be a left turn out to Walkers Brook Drive,
and have four lanes from driveway eastbound on Walkers Brook.Drive. He also noted that
Walkers Brook Drive is a level service B without a signal and would be a level service D with a
signal.
Attorney Favalaro noted that a right turn only is a significant shift from the CPDC approval, and
CPDC states that a signal is warranted.
Danis' Engineer Kim Hazarvartian noted that anyone who wants to go back to the neighborhood
by taking a left won't be able to. This will result in more vehicle miles and cars will shoot across
Walkers Brook Drive to the gas station and make a U turn.
Vice Chairman Camille Anthony suggested a site visit. She indicated that the back of the
property to New Crossing Road or Ash Street needs to be addressed by the developer.
Board of Selectmen Meeting—November 16, 2004—Page 5
Jane Grossi of 107 Green Street noted that the Town needs to control the traffic that is there now
before developing more property. She indicated that she sat through six traffic signal cycles on
Saturday because there was a Police Officer conducting traffic to the satellite parking for
Jordan's IMAX Theater. Selectman George Hines noted that the Board discussed earlier the
possibility of working with the developer and discussing with Jordan's to adjust the viewing time
of the movie.
Peter Dubois of 26 John Street suggested having the change out at Jordan's by the gas station as
one way in and another way out.
A Wakefield resident complained about the lights from Jordan's shining on the lake in
Wakefield.
Mark Bailey of 40 Village Street asked about the study that was supposed to be done. Chairman
Richard Schubert noted that the developer gave the Town $100,000 for mitigation. The Town
Manager noted that a hearing will be held this Winter to decide what to do with the money.
Kerry Bramhall of 11 John Street Court noted that this effects the entire neighborhood and
beyond. She uses the gym and will want to take a left turn.
Andy Bramhall of 11 John Street Court noted that a hearing should be held and include everyone
on Route 129 on Salem Street to Main to Ash Street.
A motion by Anthony seconded by Wood to continue the hearing for intersection
improvements at Walkers Brook Drive and General Way to December 14, 2004 at 8:00
p.m. was approved by a vote of 5-0-0.
The consensus of the Board was to meet on December 4, 2004 at the Senior Center to listen to
complaints and to get input on a solution.
Hearing — Gasoline Storage License — 110 Main Street— The Secretary read the hearing notice.
Bob Siridopolous,the owner of the property, was present.
The Town Manager noted that this is for redevelopment of the property on Main Street at
Hopkins. It has been approved by the Fire Department and is a marked improvement to the site.
The plan is to have a gas station and convenience store with a drive thru.
Selectman Gail Wood asked about the gasoline storage, and Mr. Siridopolous noted that there
will be three tanks and they all are underground and have a double wall.
Vice Chairman Camille Anthony asked about the above ground tank that is there now, and Mr.
Siridopolous noted that will be taken away.
Selectman George Hines asked if the applicant was aware of the Petroleum Bylaw, and the
applicant indicated that he was.
Board of Selectmen Meeting—November 16, 2004—Page 6
A motion by Hines seconded by Wo6d to close the hearing for the gasoline storage at 110
Main Street was approved by a vote of 5-0-0.
A motion by Hines seconded by Anthonyto approve the application for under round
storage of one 12,000 gallon tank for gasoline; one 20,000 gallon tank for gasoline and one
10,000 gallon tank for diesel at 110 Main Street, with the condition that there be
compliance with the Town of Reading General Bylaw 5.17 Storage and Handling of Crude
Petroleum or Crude Petroleum Products was approved by a vote of 5-0-0.
Hearing— Gasoline Storage License—467 Main Street—The Secretary read the hearing notice.
The Town Manager noted that the'applicants, Mike and Brian Patalano, were present and have
been at the station for 19 years. He also noted that this is a transfer of the Sunoco license.
Vice Chairman Camille Anthony asked the applicants if they were aware of the new petroleum
regulations and they indicated that they were.
A motion by Hines seconded by Anthony to close the hearing for the gasoline storage at 467
Main Street was approved by a vote of 5-0-0.
A motion by Hines seconded by Anthony to approve the application for underground
storage of three 10,000 gallon gasoline tanks; one 1,000 gallon fuel oil tank, and one 1,000
gallon waste oil tank at 467 Main Street, with the condition that there be compliance with
the Town of Reading General Bylaw 5.17 Storage and Handling of Crude Petroleum or an
Crude Petroleum Products was approved by a vote of 5-0-0.
Discussion — Beer and Wine Package Store Licenses — Selectman George Hines noted that he
requested this be put on the agenda.
The Town Manager noted that this would need approval of Town Meeting, and then it would
have to go on the ballot.
Selectman George Hines suggested that the Board develop criteria; i.e., not grant to gas stations,
and Selectman Gail Wood noted that she doesn't object to gas stations if they have sufficient
help.
Selectman George Hines noted that there is other retail in town who might have a full liquor
license and might want to switch to just beer and wine.
A motion by Hines seconded by Anthony to approve beginning the process to adopt beer
and wine licenses for package stores was approved by a vote of 5-0-0.
Discussion — Establishment of a Capital Planning Committee - Selectman George Hines passed
out a memo requesting that the Selectmen establish a Capital Planning Committee to develop a
process to be conducted annually.
Selectman Gail Wood indicated that she wants to discuss this with the Finance Committee.
Board of Selectmen Meeting—November 16, 2004—Page 7
Selectman George Hines noted that he feels the capital plan should belong to a committee who
doesn't have other things on their plate. He suggested that departments can fill out their proposal
and submit it to the committee who would slot it in the plan.
The Town Manager noted that by Charter he is in charge of developing the Capital Improvement
Plan. He will put this item on an upcoming agenda.
Approval of Minutes
A motion by Anthony seconded by Wood to approve the Minutes of October 12, 2004 was
approved by a vote of 4-0-1,with Hines abstaining.
A motion by Anthony seconded by Hines to approve the Minutes of October 14, 2004 was
approved by a vote of 5-0-0.
A motion by Anthony seconded by Hines to approve the Minutes of October 19, 2004 was
approved by a vote of 5-0-0.
A motion by Anthony seconded by Wood to adiourn the meeting of November 16, 2004 at
11:00 p.m. was approved by a vote of 5-0-0.
Respectfully submitted,
qj'
.a
Secretary