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HomeMy WebLinkAbout2002-03-12 Board of Selectmen Minutes Board of Selectmen Meeting March 12, 2002 The meeting convened at 7:35 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Secretary Matthew Cummings, Selectman Gail Wood, Town Manager Peter Hechenbleikner, Town Planner Anne Krieg, Paula Schena and the following list of interested parties: Bill Brown, J. Thomas Budde, Scott Parker, Nathan Stevens, James V. Giarrusso, John Keegan, Attorney David Carr, Noretta and Frank Boliver, Jim Currier. Chairman Chairman George Hines noted that there was an article in the Chronicle that states "the Board of Selectmen voted to increase taxes." He noted that was incorrect -- the Board of Selectmen cannot vote to raise taxes but they did vote to put it on the ballot. The Town Manager noted that on Page 2 of the handout there is a grant opportunity for GIS. It is a $15,000 grant with a match from the Town. He will talk to FinCom about matching $30,000. This would be enough to do the tax maps. There was no objection from the Board. The Town Manager noted that the Town has been notified that we have our first Level 3 sex offender living in Town. The Police Department is taking the appropriate steps to notify the community. Discussion/action Items ZBA Re: Comprehensive Permit Regulations — The Town Manager noted that the Board of Selectmen directed the ZBA to develop regulations for comprehensive permits. Town Planner Anne Krieg noted that these regulations were filed with the Town Clerk on February 21, 2002. She also noted that they worked with Edith Netter who helped write the State guidelines. Anne Krieg reviewed the regulations. She noted that the New England Fund is private funding so the State doesn't review these projects. The ZBA functions as the DHCD for New England Fund projects. Selectman Matthew Cummings suggested that GIS filing and financial reviews be added to Review Fees on Page 3. Selectman Gail Wood suggested adding engineering and environmental fees to the same section. Selectman Matthew Cummings requested that in Section 4.03 that language be put in to actually "solicit comments" from the Boards, Committees and Commissions instead of just notifying them. He noted that on Page 10, it indicates that the developers shall have a Town approved affirmative marketing plan. If the "Town" is the Board of Selectmen, then it should be spelled out. Board of Selectman Meetinf4—March 12, 2002—Page 2 Selectman Gail Wood suggested adding Assessor and Building Inspector to Section 4.03. She also suggested adding to Section 4.02 the word "complete" application. Town Planner Anne Krieg noted that when the hearing is open, the ZBA can deny it if the application is not complete. Chairman George Hines noted that Section 8 is citing case laws. He also noted that case law can change at a higher level and it should not be in a local bylaw. Anne Krieg will get comments from Selectman Rick Schubert and Vice Chairman Camille Anthony and bring the changes back to the ZBA. Hearing — Continuation— Storage License Mobil — 1330 Main Street — Chairman George Hines reconvened the hearing. The Town Manager noted that at the last meeting, the attorney for an abutter objected to the license being issued due to contamination. John Keegan and James Giarrusso from Bohler Engineering, Nathan Stevens and Scott Parker from Geologic Services Corporation and Thomas Budde from Exxon Mobil were present. Selectman Gail Wood asked when the tanks will be replaced. Mr. Keegan noted that the tanks are not leaking now—the leak goes back to 1987. The tanks will be replaced when necessary in 30 years. Selectman Gail Wood noted that she is very nervous about the single wall tanks. Mr. Keegan noted that the single wall fiberglass is in compliance with the current regulations. Selectman Matthew Cummings asked for the testing schedule. Mr. Keegan noted that the tanks are stick tested every day and monitored outside continuously. Tom Budde noted that the Station shuts down for four to five hours a day and if there is a drop in the level during that time span, an alarm goes off. Chairman George Hines asked if they have the ability to transfer from one tank to another. Mr. Budde noted that they could not but they could have a tanker there in three to four hours. Frank Bolivar and his wife Noretta, the owners of the Dandi-Lyons property, noted that their property has been contaminated by Mobil and the watershed is being affected too. Jim Currier, EBI Consultants, noted that he did the investigation and the results indicate that the flow is coming from across the street and Mobil hasn't done anything to clean it up. He asked what their plans are to clean it up. Scott Parker from Geologic Services Corporation noted that the Class C response outcome is a temporary solution that satisfies the DEP right now. They know where the contamination is and he feels it does not constitute a catastrophic problem. Selectman Matthew Cummings noted that this has been going on for 15 years and asked what the timeframe is to clean it up. Scott Parker noted they have six years from when they learn about it. Board of Selectman Meeting—March 12 2002—Page 3 Selectman Matthew Cummings asked when construction was last done on the property. John Keegan noted construction was done in 1987, there have been upgrades since then but no excavation, and they have done what they were suppose to do. He also noted that Dandi-Lyons was a gas station in 1930 and there was a Shell Station on the other side of the street. He noted that they are just changing products and diesel is less of a contaminant than gasoline. David Carr, Attorney for Dandi-Lyons, suggested that both parties work it out and come back to the Board of Selectmen in 30 days. Selectman Gail Wood noted that the contamination is also a Reading problem. A motion by Cummings seconded by Wood to continue the hearing until April 9, 2002 at 8:00 p.m. was approved by a vote of 3-0-0. Presentation on Community Plan Process with CPDC —Town Planner Anne Krieg noted that the Master Plan was created in 1991. Executive Order 418 provides $30,000 for updating plans. She also noted that CPDC has held the first phase visioning sessions. They are trying to waive out some studies; i.e., water supply study, open space study, etc. They will be doing data collection in the Fall and hope to do a report to Town Meeting then. Update Board of Selectmen on I-93/I-95 Interchange Improvements —The Town Manager noted that the State had a public meeting regarding the I-93/1-95 improvements. Acme Krieg noted that she attended a meeting of the Tri-Community Action Group. The 26 alternatives have been narrowed down to two options. The interchange at Route 28/Route 95 is also slated for changes. -- The I-93/I-95 fly over ramp includes a lot of Reading land — it has a significant impact to Reading. The exit at Mishawam Road in Woburn will be closed. The ramp from Route 28 to Mishawam Road will run parallel and lower than Route 95. She also noted that the State will be holding a hearing in May in Reading. Review Annual Town Meeting Warrant — Zoning Article - The Town Manager noted that there have been no applicants for the Sign Review Board and the lack of a quorum creates a problem for applicants. Article 26 will turn this over to the CPDC and the appeal is to the Board of Selectmen. Selectman Matthew Cummings asked how many appeals there have been. Anne Krieg noted that there have been none in three years. She also noted that CPDC recommends the appeals go to the Board of Selectmen because of all of the work the Board has done in the Downtown area. The Board of Selectmen agreed to being the appeal authority. A motion by Cummings seconded by Wood to adjourn the meeting of March 12, 2002 at 9:30 p.m. was approved by a vote of 3-0-0 and the meeting was adjourned. Respectfully submitted, Secretary