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HomeMy WebLinkAbout2000-08-01 Board of Selectmen Minutes Board of Selectmen Meeting August 1, 2000 The meeting convened at 7:35 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Matthew Nestor, Vice Chairman George Hines, Secretary Camille Anthony, Selectmen Matthew Cummings and Sally Hoyt, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Town Counsel H Theodore Cohen, Paula Schena and the following list of interested parties: Bill Brown, Rick Schubert, Anna Dixon, Deborah Rieden, Assistant Fire Chief Jack Mooney, Lt. Phil Boisvert, Bill Brooks, Ellen Watts, Wayne Bergeron, Bob Fishman, Richard Howard, Mike Flammia, Richard Schubert, Joan Neary, Chris Vaccaro. Reports and Comments Selectmen's Liaison Reports and Comments - Selectman George Hines noted that he attended the site visit at.South and Main Streets for Pearson earlier this evening. Selectman Sally Hoyt noted that she attended the Reading Municipal Light Board meeting on Monday night, and the Light Board is requesting to meet with the Selectmen regarding the signing of the Warrant. She also noted that the Light Department is in excellent shape and is discussing returning some money to the rate payers. She noted that the road in the Callans development is almost complete but there is no development, and she had received a disturbing letter from a resident who indicated that Spence Farm is being considered for affordable housing. Selectman Camille Anthony noted that she received a letter from Mary Soucy regarding the lights at the Library being too bright. Ms. Soucy has contacted the company to shield the lights. Selectman Camille Anthony noted that the letter from the Conservation Commission regarding outstanding Order of Conditions needs to be sent to departments and acted upon. Chairman Matthew Nestor noted that he had met with Chris Vaccaro regarding regulations for the Zoning Board of Appeals. Selectman Matthew Cummings had no report. Public Comment—There was no public comment. Town Manager's Report The Town Manager gave the following report: ♦ The Selectmen's Forum is being scheduled for this Fall—October 3, 2000. ♦ There will be a joint meeting of the Board of Selectmen and School Committee on August 9, 2000 focusing primarily on labor negotiations. FinCom is invited to attend. ♦ September 18 is the next Financial Forum Meeting of the Finance Committee with the Board of Selectmen, School Committee and others in attendance. This is a public meeting and the focus will be on the FY 2002 budget. Board of Selectmen Meeting—Au2ust 1. 2000—Pa eg_2 ♦ I am suggesting to the Board of Selectmen that they revoke the gasoline storage permit at 1337 Main Street. This is the former Sunoco Station at Franklin and Main Street. There was a proposed sale of the property and the permit was taken out in the name of the buyer but the sale never took place. We are in the process of doing other enforcement at the location and there are back taxes due. I have scheduled this for discussion on August 22"a ♦ The Health Division is keeping current on issues related to the West Nile virus and EEE, both of which are mosquito borne illnesses. There is extensive mosquito trapping in Reading, and there has been no incidence of either to date. The Town is prepared to act immediately in the event that there is any indication of a concern. ♦ There is a licensing issue with a shooting camp at Camp Curtis Guild— we are trying to get the Camp to comply with all licensing issues before their start date next Monday. ♦ The DPW is busy on a number of projects around Town: • Repaving is taking place on Pearl Street, Forest Street, Birch Meadow Drive and Pine Ridge Road; • Park work is taking place at Parker MS (step and ramp to Collins Field), Symonds Way and Sturges Park playground; • Drainage work is scheduled for Highland Road; • Water work is scheduled for Waverly Place; • Sewer work on Walkers Brook Drive will be underway shortly, and Mill and Short Street • sewers are under construction. Selectman George Hines asked about the status of the Getty Station on South Main Street. The Town Manager noted that a site plan has been approved for redevelopment. Selectman George Hines asked if there is gasoline on the site, and the Town Manager noted that he would follow up. Personnel and Appointments Recreation Committee Associate—On motion by Cummings seconded by Anthony, the Board of Selectmen placed the following name into nomination for one Associate position on the Recreation Committee with a term expiring June 30, 2001: Lorraine Z. Salter. Ms. Salter received five votes and was appointed. Cultural Council—The Board interviewed Anna Dixon for one position on the Cultural Council. On motion by Hoyt seconded by Anthony, the Board of Selectmen placed the following name into nomination for one position on the Cultural Council with a term expiring June 30, 2003: Anna Keenan Dixon. Ms. Dixon received five votes and was appointed. Sign Review Board — The Board interviewed Deborah Rieden for one position on the Sign Review Board. On motion by Anthony seconded by Hoyt, the Board placed the following name into nomination for one position on the Sign Review Board with a.term expiring June 30, 2002: Deborah Jorge Rieden. Ms. Rieden received five votes and was appointed. Board of Selectmen Meeting—August 1, 2000—Page 3 Discussion/Action Items Badge Pinning Ceremony — Lt. Boisvert — Assistant Fire Chief Jack Mooney, Lt. Phil Boisvert - and his family were present for the badge pinning ceremony. The Board of Selectmen congratulated Lt. Boisvert. Close Warrant— Special Town Meeting—Town Counsel H Theodore Cohen was present for the closing of the Warrant. The Town Manager noted that Articles 1, 2 and 3 are standard Articles. Town Counsel noted that Articles 4a and 4b are housekeeping Articles requested by the Conservation Commission and all changes are related to the PUD. Sections 4c, 4d and 4e will allow for retail use in the PUD. Section 4f relates to parking requirements. Section 4g gives CPDC review of the signage. Selectman George Hines asked what affect this will have on the Sign Review Committee, and the Town Manager noted that the Sign Review Committee has no jurisdiction in this area. Selectman George Hines asked if CPDC could enlist the help of the Sign Review Committee, and the Town Manager indicated that they could. Town Counsel noted that Article 5 incorporates the word "cinema" as a place of assembly. Article 6 allows fora movie to conclude if it starts before midnight. Chairman Matthew Nestor asked if this was a deal breaker, and the Town Manager noted that it was. Town Counsel noted that Article 7 extends the time limit for conveyance of the landfill to June 30, 2002. Selectman George Hines asked why these changes weren't done at the last Town Meeting. Selectman Matthew Cummings noted that the issues of building height were dealt with at the last Town Meeting. Some of these changes are a result of negotiations. On motion by Cummings seconded by Hines, the Board of Selectmen voted to close the Warrant consisting of seven Articles for a Special Town Meeting to be held on September 11, 2000 at 7:30 p.m. at the Reading Memorial High School at 62 Oakland Road. The motion was approved by a vote of 5-0-0. Joint Meeting with CPDC re. Pearson — Pearson's team consisting of Bill Brooks, Ellen Watts, Wayne Bergeron and Bob Fishman were present. Also present were CPDC Members Richard Howard, Mike Flammia and Richard Schubert, Ellen Watts noted that the traffic plan has been endorsed by Mass Highway. The plan provides for turning lanes which will require a land taking at the Exxon Station. Tambone and Pearson have entered into an agreement for additional land. The plan also requires a bend in South Street into Jacob Way which will make Jacob Way the main road to the development. This will require a scenic road hearing in September. Board of Selectmen Meeting—August 1, 2000—Page 4 Joan Neary of 355 South Street asked if residents will have to get into the hotel traffic to get onto Main Street. Ellen Watts indicated that there will be two lanes heading east and one lane heading west. Bob Fishman summarized the actions that need to be taken. 1. There will have to be a scenic way hearing by CPDC for the changes to South Street. 2. The subdivision road, which will be built to Town standards, will have to be accepted by Town Meeting. 3. The Pearson team would like to address Town Meeting in the Fall to brief them on the action that will be needed in the Spring. 4. Pearson has an agreement with the Tambone family to purchase land. After the purchase, the Town can do a confirmation land taking. 5. The owner of the Exxon property agreed to deed 10 feet of property during the site plan review by CPDC in 1991 should South Street need to be widened. Pearson does not need the entire 10 feet -- they only need six feet. This will be a policy decision for the Selectmen as to how much land to take. 6. When Main Street gets widened, it will create a nonconforming structure on the Tambone property. Zoning doesn't address the issue of whether the building burns, if they could rebuild in these circumstances in the same footprint. The Zoning By-Laws would have to be changed. The Town Manager noted that the scenic road hearing with CPDC is scheduled in September. If the Town wants to dispose of the excess land created by the reconstruction of South Street, it will need Town Meeting action. The Town Manager noted that it is his understanding that the Historical Commission will ask the Town to keep the land. Selectman Camille Anthony indicated that the Selectmen will need more information on the 10 foot land taking for their meeting on September 5, 2000. CPDC Member Dick Howard asked about the timing of the construction. Ellen Watts noted that the realignment and landscaping would be in place before the 210,000 square feet on the property was developed. CPDC Member Mike Flammia asked if the Tambone property is sold to Pearson, would a land taking be necessary. The Town Manager noted that the Town would do the taking to make the title clear. CPDC Member Rick Schubert noted that he likes what is being proposed. He feels it will be a real improvement as a scenic road, and the plan will do a lot to minimize an increase in traffic. Selectman George Hines noted he had concerns about the radius of the curve and cars speeding. One of the Pearson's team members noted that the radius of the turn is dictated by Mass Highway. It is a turn that trucks or emergency vehicles can make. Selectman Camille Anthony asked if the radius can be shortened. The Pearson team member noted that it could if there will be no trucks. Board of Selectmen Meeting—August 1, 2000—Page S Selectman Camille Anthony thanked the Pearson team for working with the Town. - Appointment to ZBA — Chairman has asked to appear before the Selectmen - ZBA Chairman Chris Vaccaro noted that there is a vacancy for a full-time member on the ZBA. John Coote submitted an application for reappointment and was not reappointed. Chris Vaccaro noted that Mr. Coote is an engineer and is dedicated, hardworking, had excellent attendance and made thoughtful decisions while on the ZBA. He is asking that the Board reconsider their vote to reappoint Mr. Coote. Selectman Sally Hoyt moved to reconsider the vote to reappoint John Coote. Selectman Camille Anthony noted that she will not vote because she wasn't present at the reappointment meeting. Chairman Matthew Nestor noted the reappointment to the ZBA is not on tonight's agenda. Selectman Matthew Cummings noted that a motion to reconsider has to be done at the first meeting after the vote was taken. Selectman George Hines suggested voting on the appropriateness to reconsider. The Town Manager will check "Robert's Rule of Order" about reconsidering a vote and if it is not clear, he will check with Town Counsel. Chairman Matthew Nestor noted that the comprehensive permit has had a detrimental effect on one neighborhood. Selectman Matthew Cummings noted that he did not question Mr. Coote's skills. He did not vote for him because his responses to the Selectmen's questions did not compare to the Selectmen's philosophy. Selectman George Hines noted that he concurred with Selectman Matthew Cummings. He noted that there was total disregard in the vote that the ZBA made, and he will not change his vote regarding reappointing Mr. Coote. ZBA Member Mike Larkin noted that if the ZBA denies an application, the developer will go to the State and the Town will lose control. He feels it is better to grant the permit and have control. Chairman Matthew Nestor noted that doesn't give the ZBA the right to rubber stamp the developer. The only thing the ZBA cannot do is to put conditions on the developer to make it uneconomical. He noted that the ZBA has the authority and responsibility to find out where the breakpoint is. The ZBA's decision has a negative effect on the neighborhoods. f . Chairman Matthew Nestor noted that Mr. Coote had no idea what the breakpoint was. If the ZBA had an economic study done, the State probably would have agreed with it. Mr. Coote was -- unwilling to look at the numbers. Board of Selectmen Meeting=August 1, 2000-Page 6 ZBA Member Mike Larkin asked the Selectmen what they thought the breakeven point was. - Chairman Matthew Nestor noted it was not the Selectmen's responsibility to determine that, it was the ZBA's responsibility. Selectman Matthew Cummings noted that the Selectmen conveyed reams of information on what they thought to the ZBA. Chairman Matthew Nestor noted the information was completely disregarded. Mike Larkin noted that his concern was losing control. Chairman Matthew Nestor noted that he wants to appoint somebody who will read the statute. Selectman Camille Anthony noted that the ZBA needs to come up with a process for handling comprehensive permits. Finalize Process — Police Chief Hirin — The Town Manager noted that this was on the Selectmen's agenda at their last meeting but there was not a full board. There was disagreement among the Board as to whether the exam should be graded or pass/fail. Selectman Camille Anthony asked if we get the scores in a pass/fail and what the passing grade is. The Town Manager noted that we do not get the scores in a pass/fail and the passing grade is a 70. Chairman Matthew Nestor noted that he doesn't want to lose one candidate because he got a 91. Selectman Matthew Cummings noted that there was no sense in giving an exam if it is not graded. Selectman George Hines noted that this is an important position. He favors a pass/fail because it expands the pool of candidates. Selectman Camille Anthony noted that writing samples can be given in the assessment center. She noted that the best test takers are not always the best leaders, and she will go with the pass/fail. On motion by Anthony seconded by Hines, the Board of Selectmen voted to endorse the hiring process for the Police Chief's position effective in the Spring of 2002 that will include: a departmental promotional exam; grading the exam on a pass/fail basis; and including an assessment center as part of the process. The motion was approved by a vote of 5-0-0. Approve Selectmen's Liaison Assignments — The following liaison assignments were made: Accounting — Nestor; Community Development — Hoyt; Finance Department — Cummings, except for Trust Fund Commissioners which is Nestor; General Services — Cummings; Housing Authority—Anthony; Human Services —Anthony; Library— Cummings; Public Safety—Nestor; DPW — Hines; Municipal Light Department — Hoyt; School Department — Hines; Downtown = Steering Committee—Anthony. Board of Selectmen Meeting_August 1, 2000—Pe7 Discussion of Railroad Whistle Blowing — The Town Manager noted that the proposed regulations on whistle blowing was postponed. Presently, Reading does not allow whistle - blowing. There are six railroad crossings in Reading. Ways to avoid whistle blowing include four quadrant gates; medians or channelization devices at gated crossings; paired one way streets; temporary closure and use of photo-enforcement technology. The Town Manager will look at the use of gates, barriers and photos and bring it back to the Board of Selectmen. Approval of Minutes On motion by Cummings seconded by Hines, the Board of Selectmen voted to approve the minutes of their meeting of July 11, 2000 as amended. The motion was approved by a vote of 4-0-1,with Anthony abstaining. On motion by Cummings seconded by Hines, the Board of Selectmen voted to approve the minutes of their meeting of July 18, 2000. The motion was approved by a vote of 4-0-1, with Anthony abstaining. On motion by Anthony seconded by Cummings, the Board of Selectmen voted to adjourn their meeting of August 1, 2000 at 10:25 p.m. The motion was approved by a vote of 5-0-0. Respectfully submitted, J t