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HomeMy WebLinkAbout2000-05-16 Board of Selectmen Minutes - Board of Selectmen Meeting May 16, 2000 The meeting convened at 7:32 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman Matthew Nestor, Secretary George Hines, Selectman Camille Anthony, Town Manager Peter Hechenbleikner, Fire Chief Donald Wood, Firefighters David Robidoux, Anthony DelSignore and George Perry, RMLD General Manager Len Rucker, Attorney Ken Barna, Attorney Terri Cafazzo, Paula Schena and the following list of interested parties: Charlie and Deborah Capobianco, Stephen W. Peters, Frank and Mary Touserkani, William and Lois Pike, David and Ruth Cripso, Susan Cavicchi, John Corbett, Phil Pacino, Alan Ames, Bill Burditt, Carl McFadden, Kalpesh Patel, Victoria Griffin, Ed Lehman, Dr. Jones. Reports and Comments Selectmen's Liaison Reports and Comments— Selectman George Hines had no report. Selectman Camille Anthony noted that the Legal Services Review Committee has met once and is meeting again this week. She has signed up to be a co-facilitator for diversity training, and suggested starting an Adopt-A-Tree Program for the new trees along Route 129. She attended a meeting of the Historical Commission regarding the Pearson property. Vice Chairman Matthew Nestor noted that he received a phone call from Ruth Brophy regarding the Risk Survey, and he will be attending the School Committee Meeting on May 25th regarding this survey. Chairman Sally Hoyt attended the Salute to Service Award Program honoring Dick Howard. She congratulated Lois Bond for being honored by the North Metropolitan Homemaker Health Aide Services for her outstanding services to the elderly, and also congratulated the Millennium Committee on their efforts. Public Comment Deborah Capobianco of 20 George Street was present representing the George Street neighborhood. She noted that they were extremely disappointed in the ZBA decision on 23 George Street. She noted that the outstanding issues are: density; traffic; no sidewalks; water pressure; drainage issues; blasting will have to occur; trees will be removed; the ledge has a 130 foot drop to the highway; the neighborhood is zoned single family; there are two conflicting reports from the Fire Department regarding access for fire equipment; the access is unclear and being appealed in court; and the Selectmen voted no twice. Chairman Sally Hoyt asked that Deborah Capobianco's report be made part of the record. Vice Chairman Matthew Nestor noted that the decision was filed today, and asked that this be put on the Selectmen's Agenda for next week. He asked the Town Manager to get options from Town Counsel. Board of Selectmen Meeting—May 16, 2000—Page 2 Selectman George Hines concurred with putting this on the agenda for next week, and indicated - that the Zoning Board of Appeals should be present at that meeting. The Town Manager noted that a roundtable discussion is being scheduled for June 6, 2000. Vice Chairman Matthew Nestor noted it is urgent to do this next week and keep the roundtable for June 6, 2000. Town Manager's Report The Town Manager gave the following report: ♦ The Compost Center opened April 1 st and will be opened Friday, Saturday and Monday through May in accordance with the schedule that is advertised on Channel 22. ® The next Household Hazardous Waste Collection Program will be in Reading on May 20th' 9:00 p.m. to 1:00 p.m. at the Reading DPW. o The Town is beginning the process of soliciting volunteers to fill a number of positions—information is available in the Town Clerk's Office, including a list of the Boards/Committees/Commissions and an application form. There are several current vacancies. ♦ The Legal Services Review Committee has met once and will be meeting this Thursday. 0 70 residents attended a Kick-Off Reception on a Diversity and Inclusiveness Program on Monday, May Sth, at the Parker Middle school. The U.S. Department of Justice is assisting the Town in this process, whose purpose is to involve the entire community in exploring these issues, and developing a community strategy to address diversity and inclusiveness. There are seven Study Circles which are meeting over the next three weeks. o The Board of Selectmen is participating in the ancient rite of"Perambulation of the Boundaries"of the Town with Ben Nichols on May 21St—leaving the parking lot at Town Hall at 2:00 p.m. this Sunday. The Town Manager noted that the MWRA Advisory has sent a resolution that they would like the Selectmen to approve. On motion by Hines seconded by Anthony, the Board of Selectmen voted to support the MWRA's Advisory Board's comments and recommendations on the MWRA's proposed Fiscal Year 2001 budget including the multi-year action plan to manage rate increases; establishment of a capital spending cap; and the active pursuit of additional Federal and State assistance. The motion was approved by a vote of 4-0-0. Proclamations/Certificates of Appreciation Certificate of Recognition— George Perry — Fire Chief Donald Wood and George Perry and his family were present. Fire Chief Wood noted that George's father was Fire Chief in Reading in the 50's. George has given over 40 years of service to the Town, and the entire Perry family has given over 100 years of service to the Town of Reading. Board of Selectmen Meeting—Mgy 16 2000—Page 3 On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve a Certificate of Recognition for George Perry for his outstanding service to the Reading Fire Department as a Member of the Fire Auxiliary and the Town of Reading for over 40 years. The motion was approved by a vote of 4-0-0. Discussion/Action Items Demonstration of Thermal Imaging Devices and Appreciation of Donors — Fire Chief Donald Wood, Firefighters David Robidoux and Anthony DelSignore and donor Carl McFadden were present. Fire Chief Wood noted that the equipment is used to detect hot spots and locate victims and firefighters during a fire. He noted that the equipment's cost is in excess of$18,000. Carl, Jill and Jake McFadden have paid for this equipment for the Town. Another family in Town donated $13,000 towards the purchase of a second thermal imaging device and they prefer to remain anonymous. Firefighters David Robidoux and Anthony DelSignore gave a demonstration of the equipment. On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve a Certificate of Appreciation for Carl and Jill McFadden for their donation of the thermal imaging devices to the Reading Fire Department. The motion was approved by a vote of 4-0-0. RMLD 20 Year Agreement — RMLD General Manager Len Rucker, RMLD Attorney Ken Barna, Citizen Advisory Board Member John Corbett and Reading Municipal Light Board Members Phil Pacino, Bill Burditt and Allan Ames were present. The Town Manager noted that the Town of Reading and surrounding communities entered into a 20 year Agreement with the Reading Municipal Light Department 10,years ago. The Agreement requires that the Board of Selectmen either approve or disapprove a 10 year extension. General Manager Len Rucker reviewed the legal structure of the RMLD including the 1908 Act, the 20 year Agreement and MGL, c. 164. Vice Chairman Matthew Nestor asked if the Town would be allowed to explore the sale of the RMLD. RMLD Attorney Ken Barna noted that the Town of Reading would need Town Meeting to vote on this two times, and approval from the D.E.T. to sell the Reading Municipal Light Department. He noted that the other three towns may try to stop Reading from selling. RMLD Attorney Barna noted that the RMLD is a low cost provider, and gives a high amount in lieu of tax payments to the Town of Reading. Selectman Camille Anthony asked what would happen if deregulation hits the municipal switch. General Manager Len Rucker noted that the Town needs to conduct a study of municipal services in the year 2003. RMLD Attorney Barna noted that there is very little retail choice in New England. Mass. Electric rates are going up and the RMLD power costs have gone down. General Manager Len Rucker noted that he sees no rate increases in the year 2000 or 2001. Chairman Sally Hoyt noted that she has heard from rate payers, and they are pleased with the rates and service. Board of Selectmen Meeting—MU 16, 2000—Page 4 Selectman Camille Anthony asked about the study that needs to be done in March of 2003. General Manager Len Rucker noted that discussions should start in 2002. The Town could hire a host of consultants or do a study internally. Selectman George Hines asked how many of the RMLD employees are Reading residents, and General Manager Len Rucker noted that 30% are Reading residents. He noted that they have a difficult time getting skilled labor. Selectman George Hines suggested starting an apprenticeship program. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to approve a 10 year extension to the RMLD 20 year Agreement. The motion was approved by a vote of 4-0-0. Hearing — J.K.'s Market—Request for Package Store Liquor License — Secretary George Hines read the hearing notice. The Town Manager noted that this is the first convenience store in Reading to request to sell beer and wine. The Town of Reading does not provide for sale of beer and wine in convenience stores so if the Selectmen choose to allow it, it would have to be a full package store license. The Town Manager also noted that the notice was not sent to a certified list of abutters so this hearing will have to be continued to allow for the proper notification that is required. Attorney Terri Cafazzo was present to represent the owner Kalpesh Patel. Attorney Cafazzo noted that Mr. Patel wishes to sell beer and wine in his convenience store, and he meets all of the qualifications. She also noted that the displays will be in his view at all times, and he can monitor the coming and going of minors. On Sunday, the cases will be locked and blocked from view, and she noted that Mr. Patel has been in business for five years. She submitted letters from customers and neighbors who support the application. The Town Manager noted that he spoke with the ABCC, and the Selectmen cannot put a condition on the license to restrict to beer and wine. If the Selectmen want to allow the sale of beer and wine in the convenience store, it will have to go on the ballot the same as we did for beer and wine in restaurants. Selectman Camille Anthony noted that she is not inclined that a convenience store should be a liquor store. She noted that this is a policy decision and she has received two calls concerning this application. Selectman George Hines noted that he received a phone call from a resident who opposes this license. He noted that parking and loitering has been a problem. The Town Manager noted that Police Chief Marchand is the owner of this property. Selectman George Hines asked that the Town Manager check with the Police Department to see if they have been called to break up groups of teenagers at that location. He also requested that the Town Manager check with North Reading to see if there has been any underage purchase of beer and wine in convenience stores. Board of Selectmen Meeting—May 16, 2000—Page_5 - Vice Chairman Matthew Nestor noted that he had concerns that the package store license could be transferred to a new owner who would sell all liquor. Chairman Sally Hoyt noted that she contacted the ABCC and surrounding communities. She noted that the communities who do allow it require the beer and wine to be completely segregated and locked, and the sale of the beer and wine is allowed from 8:00 a.m. to 11:00 p.m. The Selectmen can also require TIPS training. She noted that Lynnfield and North Reading allow the sale of beer and wine in convenience stores. Stoneham, Wakefield and Winchester do not. Victoria Griffin of 29 Knollwood Road noted that there has been a lot of talk about fixing up south Main Street. She is opposed to this because of the proximity to Friendly's. Ed Lehman of 12 Knollwood Road noted that he abuts the property and he went through this before with White Hen Pantry. He has a concern about monitoring with only one camera because it is a very busy store. He noted that there is a package store 440 yards away, and the needs of the community have already been met. Attorney Cafazzo noted that there is very little difference between a package store and a convenience store because package stores also sell convenience items. She noted that there is no incidence of the Police having to come and break things up. Also, there will be no employees under the age of 21 and there will be TIPS training. Mr. Patel's intention is to sell only beer and wine and if the license is transferred, then the Board of Selectmen have the right to deny. He can also have more cameras and mirrors installed. Selectman George Hines asked if there will be any changes to the exterior of the store. Attorney Cafazzo indicated that there would not. Mr. Patel is not selling pizza anymore so the floor plan will be changing. The Town Manager noted that the Selectmen will have to approve the revised floor plan. Selectman Camille Anthony suggested that the Town Manager talk to Boston to inquire how they enforce no Sunday sales in convenience stores. Dr. Jones of Pearl Street noted that he went to Friendly's and there were a group of teenagers. If they had liquor, it could escalate into a problem. On motion by Hines seconded by Nestor, the Board of Selectmen voted to continue the hearing for a package store liquor license at J.K.'s Market, 212 Main Street, Reading, Massachusetts, until 8:00 p.m. on June 20, 2000. The motion was approved by a vote of 4-0-0. Revenue Initiatives For FY 2001 — The Town Manager noted that he has reviewed the revenue forecast with the Town Accountant. The Town Accountant indicates that an additional $70,000 will help. Board of Selectmen Meeting=May 16, 2000—Page 6 The Town Manager suggested charging for Depot stickers. He suggested charging $10/year for resident stickers, $25/month for non-resident stickers and $5/year for employee stickers. The total of all three would increase revenues by$27,672. Selectman George Hines noted that these fees are very reasonable and suggested creating an "access sticker" to use for both Depot parking and the Compost Center, and charge $25 or $30/year instead of instilling a facility fee. The Town Manager noted that the Town doesn't charge a fee for the municipal facilities. The School Department is increasing all of their fees because there are costs associated with them, and other schools don't allow people to use their facilities so they all come to Reading. The Town Manager noted that the Compost Center had 43,195 visitors last year and if the Town charged $10/year, it would raise about $30,000. He also suggested charging for street opening permits, driveway projects, burning permits, civic function permits, and increasing the dog licenses to $7.50 and$15. Vice Chairman Matthew Nestor asked if there were collection costs to any of these suggestions. The Town Manager indicated that there were not. The facility use would go through the Town Clerk's Office. The Police Department is already issuing Depot stickers. Vice Chairman Matthew Nestor noted that he liked the idea of one sticker for more than one use. Selectman George Hines asked about an overnight parking policy in publicly owned lots, and suggested a $25 permit fee for overnight on street parking. He does not want a facility fee except for non-residents. Selectman Camille Anthony noted that she feels there should be a charge for facility use, especially the new Police Station. She agrees with charging for street opening permits, and noted that we would need to designate driveway and street openings. She suggested increasing dog licenses to $10 and$20 to get out of the$7.50 mode. Selectman George Hines agreed with Selectman Camille Anthony. He is interested in charging for street opening permits and burning permits, and increasing the dog licenses to offset animal control. Vice Chairman Matthew Nestor indicated that he is agreeable to charging $25 for an "access sticker," a facility user fee and driveway and street opening fee. Chairman Sally Hoyt noted that she agrees with one fee for the Depot and Compost Center, and a facility use fee for non-residents. Selectman George Hines indicated that many organizations bring value to the Town. He feels we should charge a facility fee for profit agencies and non-residents. Board of Selectmen Meeting-May 16 2000–Page 7 Selectman Camille Anthony suggested looking at the department fees. The Town Manager noted that most of the fees are set by the State except for liquor licenses. He cautioned that increasing the liquor license fees could have an effect on small businesses. Vice Chairman Matthew Nestor asked for a breakdown of the cost to process a liquor license. Selectman Camille Anthony asked the Town Manager to talk to the State and find out when they will be revisiting the set fees. Town Manager's Evaluation – Selectman George Hines summarized the Town Manager's evaluation for 1999. He asked that the Selectmen's names be put next to their comments in future evaluations and that their evaluations be attached. On motion by Anthony seconded by Nestor the Board of Selectmen voted to set the Town Manager's salary at $97,050 per year for FY 2001 beginning July 1, 2000. The motion was approved by a vote of 4-0-0. The Town Manager noted that this amount includes his vehicle allowance. On motion by Hines seconded by Nestor, the Board of Selectmen voted to adjourn their meeting of May 16, 2000 at 11:09 p.m. The motion was approved by a vote of 4-0-0. Respectfully submitted, s Secreta Board of Selectmen Meeting May 16, 2000 My name is Deborah Capobianco and I am here with several families from George Street. As we have previously stated, we are extremely disappointed with the Zoning Board of Appeals decision on April 6t"to approve the proposed George Street Condominium project. The Zoning Board of Appeals submitted their written decision to the town clerk just this morning. As you know, there is only a 20 day window from the day the written decision is filed in which to file an appeal. I would like to just take a few minutes to list the significant issues that we still consider outstanding. 10 condo units would change the character of our neighborhood of single-family homes and that the proposed density is well above the current density of our neighborhood average The traffic studies show that the traffic on our street would likely double We have over 60 children on George, Heather, Curtis, and South Street We have no sidewalks and no school buses available to our children on George, Curtis, and South Street and that they walk to and from school in the street, ride their bikes in the street, and walk in the street as they walk to and from each others yards The water pressure is anything but ideal on our street and at times just barely adequate The topography of the site poses significant grading and drainage issues The site is mostly ledge and that there is a very real possibility that blasting would have to take place and that it is true that some of our homes were previously damaged by blasting done for 128, 93 and for the Heather Drive build out Current statistics provided by the state highway department report that 157,000 cars travel 128 which borders the site and that number is projected to double in the next few years The trees and landscaping currently on the site act as a buffer to the noise from the cars and cleanse the air of exhaust fumes and pollution generated by the traffic on 128 and 93 The site is the home and refuge for a number of animals such as birds, squirrels, wild turkeys, pesky ground hogs that invade our gardens in the summer, and is the home of a great owl that has lived in the tree tops all winter and feeds off the field mice much to the delight of the neighborhood children There is a ledge on the site with an approximate 30 - 50 foot drop down to the highway Children have a natural curiosity and that clearance of the site would eliminate the natural barrier that has prevented our children access to 128 and highlight the ledge as a natural attraction to be explored The site is currently zoned for a single family home Access to the site is less than adequate in accordance with Town standards As neighbors and abutters we have significant concerns regarding access by fire equipment. The current access would only allow vehicles to access the site by turning left from George Street. It remains unclear how we would communicate that to neighboring towns called to cover in an emergency. In accordance to state regulations the access would have to be clear of obstructions. Obstructions on the street would include neighborhood and visitor vehicles, and vehicles from the complex itself. Not that we have seen this recently, but we have had winters where the snow banks were 4-5 feet high along the street and it is unclear how the snow would be removed. Access to the site via an easement over lot 3 remains unclear and clouded. We are supporters of affordable housing and feel that both the Board of Selectmen and the Reading Housing Authority have aggressively pursued affordable housing throughout Reading and continue to do so on sites they deem appropriate The Board of Selectmen have on two occasions over the past year unanimously voted not to support the proposed Local Initiative Petition to place condominium units at 23 George Street We feel that the ZBA has exceeded its authority under Section 7.3.4 and or 7.4.3.1 of the Reading Zoning By Laws. And I quote" The special permit granting authority (the ZBA) shall consider the effects thereof upon the neighborhood in particular and the town at large in general." We feel that the ZBA did not consider the effect of this proposal on the neighborhood given that all of the significant issues I just reviewed are still outstanding. This becomes even more apparent when you read the final written decision. Additionally, you will see that there is no reference as to how or why this proposal would fit well within the neighborhood. In the past year, on two separate occasions you as the Board of Selectmen have unanimously voted not to support this multiunit condominium project in our neighborhood and we thank you. We now urge you as the Board of Selectmen to take the proper action, as you deem appropriate. Thank You