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HomeMy WebLinkAbout1999-04-06 Board of Selectmen Minutes Board of Selectmen Meeting April 6, 1999 The meeting convened at 7:30 p.m. at the Senior Center, 49 Pleasant Street, Reading, Massachusetts. Present were Chairman Bruce MacDonald, Vice Chairman Sally Hoyt, Secretary Matthew Nestor, Selectmen Camille Anthony and George Hines, Town Manager Peter Hechenbleikner, Town Counsel Cheryl Blaine, Paula Schena and the following list of interested parties: Attorney Steven Ciccatelh, Attorney John Lamond, Roc O'Connell, William LeBlanc, John Silva, Erik Kramer, Ralph Perrotta, James Donahue, Tod Jacobs, Tom Carli, R. Coville, Kathryn Hahn, Guillenno Ferla, Kevin Simard, Angelo Napolitano, Pasqual and Judith Martone, Stanley Peraner, Tony Borsini, Steve Garey, Bob Bruno, Ann Marie Ciecariello, Mr. & Mrs. Edward Cohan, Frances Crann, Stewart Chipman, Jeffrey Lawton, Mr. Parelli, Ken Young Nancy Eaton., Tom Keane, Alan Brown, Whitney Brown, Stephen Ippolito, Charles and Peggy Keniston, Ed Halpin, Gina Snyder, Bob Silva, Kevin Patterson, Jane Fiore, Ruth and Lary Brophy, William Bourke, Rita Shelzi, Louis Sciortino, Kenneth Aquino, Joyce Thomson, Robert Brown, Judith and David Peireault, Maria Schellenbach, Maria Simone, M. Kathleen and Thaddeus Sybil, Alice and Michael Langone, Carolyn Doherty, Brian O'Cormor, Eleanor and William Howland, N. Dolan, Elaine Hoyt, Ken Doherty, Daniel Sulls, H. Lobdell, Elwin and Richard Frederick, Mike and Andrea Caggiano, Nancy Zaks, Miriam Acebido, Kurt Habel, Ted McIntire, James Goldsmith, Will Finch, Dominic Tango, Joseph Picano, D. Capobianco, Joe Pisani, Gail Wood, Pam Ivany, Robin Hamilton, Kate Murphy, Glen Milley, Bill McCarron, Jim Serovich, Mark Delaney, Dave Tuttle. I Reports and Comments Selectmen's Liaison Reports and. Comments — George Hines noted that he had attended the Health Fair and it was excellent. He has received numerous phone calls opposed to the George Street development. He drew the name for the raffle which the Auxiliary Fire Department was sponsoring. Camille Anthony noted that April 24"' is Earth Day and Community Day. Sally Hoyt noted that she has received many phone calls regarding opposition to the George Street site. She noted that she heard the federal government is taking over Camp Curtis Guild for troubled teens, and had concerns that it won't be used as a firing range for the Police as previously proposed. Bruce MacDonald noted that he has received numerous calls opposing the George Street site. Public Comment—There was no public comment. Personnel and Appointments Celebration Committee— The Board interviewed Kurt Habel for one position on the Celebration Committee. Board of Selectmen Meeting—April 6, 1999—Page 2 On motion by Anthony seconded by Hoyt, the Board of Selectmen placed the following name - into nomination for one position on the Celebration Committee for a term expiring June 30, 2000. Mr. Habel received five votes and was appointed. Proclamations/Certificates of Appreciation Proclamation for Arbor Day—The Secretary read the Proclamation for Arbor Day. On motion by Nestor seconded by Hines, the Board of Selectmen approved the Proclamation proclaiming April 30, 1999 as Arbor Day. The motion was approved by a vote of 5-0-0. Proclamation for Public Health Day — Jane Fiore, Health Administrator, was present to receive the Proclamation. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to approve the Proclamation proclaiming April 7, 1999 at Public Health Day. The motion was approved by a vote of 5-0-0. Discussion/Action Items Approval of Police Superior Officer's Contract — Lt. Bob Silva and Lt. Kevin Patterson were present for the signing of the contract. The Town Manager reviewed the major changes in the contract. On motion by Anthony seconded by Hoyt, the Board of Selectmen voted to approve the contract between the Police Superior Officer's Association I.B.P.O. and the Town of Reading for a teen effective July 1, 1998 through June 30, 2001. The motion was approved by a vote of 5-0-0. Appointment of Interim Member of Reading Contributory Retirement Board - The Town Manager noted that the second appointed member's term has expired. This member was formerly appointed by the Town Manager but a change in the Massachusetts State Legislature has made this appointment the responsibility of the Board of Selectmen. The Board is being asked to appoint the incumbent, Elizabeth Klepeis, for an interim term of thirty days while the vacancy is being posted. On motion by Hines seconded by Anthony, the Board of Selectmen voted to appoint Elizabeth W. Klepeis as interim member of the Reading Contributory Retirement Board for a term expiring May 4, 1999. The motion was approved by a vote of 5-0-0. Hearing on Second Water Meters - The Secretary read the hearing notice. Chairman Bruce MacDonald noted that this is an annual item on the agenda. The Board had previously approved second %eater meters and then put a moratorium on the installation of them. The Town Manager noted that 100 second water meters have been issued. At the Board's last meeting regarding second water meters, a resident noted that everyone should either have or not have second water meters. Board of Selectmen Meeting—April 6, 1999—Page 3 Public Works Director, Ted McIntire, noted that the MWRA did a survey and out of 60 MWRA communities, 43 have second water meters and 29 utilize the second water meters to adjust the bills. Erik Kramer of 22 Lindsay Lane asked how assessments were made. Ted McIntire noted that it was based on a combination of flow, population and sewerage population. George Hines asked if the MWRA was going to flow base and Ted McIntire noted that they have gone as far as they will. Camille Anthony noted that the major cost is the capital to maintain the system. Maria Simone of 63 Riverside Drive asked if the number of people in the family and the number of septic systems were taken into account. The Town Manager noted that tagging the sewer rate to water usage indicates the household size. He also noted that there is a decreasing number of septic systems in Town. .lames Goldsmith from Precinct 1 asked why back flow tests were required and why everyone didn't have to have it. Ted McIntire noted that only people who went through the Town program and got a permit for a sprinkler system are having back flow tests done. Back flow tests are related to sprinkler systems, not second water meters. Steve Ippolito of 52 Fairchild Drive noted that people came to the Town in good faith for second water meters. A lot of expense was put into landscaping and sprinkler systems. Matthew Nestor asked Mr. Ippolito how much he has saved, and Mr. Ippolito responded hundreds or thousands of dollars but he has spent approximately $30,000 from 1991 to the present on landscaping his property. Matthew Nestor asked if he would have done the project if he didn't have a second water meter, and Mr. Ippolito responded that he probably wouldn't have to that extent. Will Finch of 51 Mill Street noted that the Ipswich River is drying up, and second water meters encourage excessive use of water. Dominic Tango of 7 Applegate Lane noted that he has a second water meter and that there has to be a happy medium. It's not right for some to have and not others. Larry Brophy of IS Thomas Drive noted that he is the Director of Public Works. in Stoneham. Stoneham allows second water meters and the residents are happy with it. Bruce MacDonald asked where Stoneham got their water from, and Mr. Brophy noted from the MWRA. Whitney Brown noted that she doesn't have a second water meter. She is being treated differently because she still has to water her lawn and is being penalized for it. Tod Jacobs of 73 Fairchild Drive noted that removing the second water meters will not impose conservation. Joseph Picano Jr. of 405 South Street noted that he was representing his mother who does not have a second water meter. He wanted to clear the record that his father never suggested that the Town take out the second water meters. Board of Selectmen Meeting—April 6, 1999—Page 4 Ken Young of 48 Mt. Vernon Street noted that he will be investing in landscaping and will get a well. Joe Pisarri of 27 Field Pond Drive asked how long the Town allowed second water meters. The Town Manager noted only a few months. Public Works Director, Ted McIntire, noted that before 1971 second water meters were allowed under separate services with a meter and pit. Stewart Chipman, member of the Water and Sewer Advisory Committee, noted that it is an equity issue. He noted he was offended that he's paying everyone's sewer bill, and he noted that second water meter holders are a minority. Ed Halpin of 61 Lothrop Road disagreed with Stewart Chipman. He noted that the Town needs to determine how much goes into the sewer. The largest cost is the capital which could be placed in the general tax. Tom Ratick of 25 Indian Tree Lane asked if the MWRA is doing anything to meter flow coming out of the Town. Gail Wood indicated that they have gone as far as they can, and that 70% of the charge has nothing to do with flow -- it's debt service. The Town Manager noted that the MWRA has a fonnula based partly on flow, population and percent served. Nancy Eaton, Chairman of the Conservation Commission, noted that as an individual she doesn't get anything out of the schools, Fire Department, Recreation Department, etc. but she still pays for it. She doesn't use outside water — conservation is the issue. She suggested that the Town could penalize for overage. Lynn O'Brien of 34 Washington Street noted that equity and conservation were the issues and reminded everyone that water bans are in place. On motion by Anthony seconded by Hoyt, the Board of Selectmen voted to close the hearing on second water meters. The motion was approved by a vote of 5-0-0. Chairman Bruce MacDonald asked what the Water and Sewer Advisory. Committee recommends. Gail Wood noted that the Water and Sewer Advisory Committee recommends continuing the moratorium and not allowing anymore second water meters by a vote of 3-0. The Water Sewer Advisory Committee also recommends leaving the existing second water meters in place, and that the water and sewer bilis be based on the water flow through those meters by a vote of 2-1. Bruce MacDonald noted that he will continue to vote for the moratorium. Matthew Nestor indicated that it is an inequitable situation. There would be no need to remove the second meter-- it can be billed. Sally Hoyt noted that conservation is a concern. - Board of Selectmen Meeting—April 6 1999—Page 5 - George Hines noted that he has supported the moratorium every year. He has not heard compelling reasons to lift the moratorium. The situation is inequitable and he urged the Board of Selectmen to continue the moratorium. Bruce MacDonald noted that he will vote for billing the second water meter. This would level the playing field and everyone can still use outside water--they'll just have to pay for it. On motion by Anthony seconded by Hines, the Board of Selectmen voted to continue the moratorium on the installation of second water meters for landscape irrigation purposes. The motion was approved by a vote of 5-0-0. Nestor moved and Anthony seconded a motion that effective with the first bill after July 1, 1999 that billing for second water meters that have been previously installed for landscaping irrigation purposes will be billed at the same rate for water and sewer billing as the single meters or primary meters are billed. Matthew Nestor asked that the words "...for landscaping irrigation purposes..."be removed from the motion. The motion as amended was approved by a vote of 3- 2-0, with Anthony and Hoyt opposed. Hearing on George Street Coinprehensive Permit Application - The Secretary read the h,earina notice. George Hines announced that due to a commitment with his employer, he would be leaving the meeting at 10:15 p.m. The Town Manager noted that the Town had received a request for the Board of Selectmen to support an application for development of the 17 townhouses at 23 George Street as part of the Local Initiative Program(LIP) for affordable housing. Town Counsel Cheryl Blaine noted that the purpose of the LIP is to provide an initiative to towns to provide low income housing. The Town Manager noted that if the Board of Selectmen support the application, then it would go to the State and then back to the Town Zoning Board of Appeals for a comprehensive permit. If the Board of Selectmen does not support, then the application is dead and it is not subject to appeal_ Attorney Steven Ciccatelli was present representing Lab Realty Trust, the developer who is proposing 17 unit townhouses not for rental but for sale on one acre of land. He noted that there are no wetlands on the site so they would not need Conservation Commission approval. Under Chapter 40B, the State expects the Town not to reasonably withhold support if the Town hasn't met the 10% low income housing quota. The site doesn't have frontage but the State allows the Town to relax the zoning to allow the development. The development would have 41 parking spaces, a sound barrier along Route 128, no garages and cedar clapboard siding. Attorney Ciccatelli noted that the neighbors have concerns regarding an increase in vehicles and access for emergency vehicles. He noted that he would be willing to work with the Selectmen, Police and Fire Departments regarding these issues. Regarding the taking down of trees and blasting, the trees will be replaced by evergreens and the fact that the units are 30 feet deep will reduce the noise itself. Attorney Ciccatelli noted that the site cannot be developed in its present state unless it is through the LIP. Board of Selectmen Meeting—April 6, 1999—Page 6 George Hines noted that the access and frontage issue is not good for the neighborhood. Attorney Ciccateli noted that there was frontage of six feet and a25 foot entrance way, and that the driveway could be redesigned for access. George Hines asked if the easement allowed changes to be made. It was noted that the easement does not deal with use. Sally Hoyt asked if a land taking would be necessary for the 25 foot entrance way. Attorney Ciccatelli indicated"no" -- that they have an easement. George Hines asked if a cost study has been done. Attorney Ciccatelli indicated that it has not been done yet. The units will sell for approximately $180,000-$220,000 per unit and the affordable units will be reduced by what the State says. Matthew Nestor asked how the State expects the Board of Selectmen to support when nobody from the State has even seen the proposal yet. Attorney Ciccatelli noted that if the threshold of affordable housing is under 10, then the State will support. Bruce MacDonald asked if 10% was a goal or an order. The Town Manager noted that the Town is not under any threat or timeframe in meeting the 10%. Bruce MacDonald indicated that the Selectmen work with the Reading Housing Authority to meet this threshold, and noted that the Board of Selectmen are not mandated to approve this proposal. Camille Anthony asked what are the guidelines to deny? Town Counsel noted that the Board of Selectmen has to act in good faith and not unreasonably withhold. Camille Anthony noted that this would probably have to have Conservation Commission approval. Conservation Commission Chairman, Nancy Eaton, noted that a wetland review of this site has not been done, and there are wetlands to the west of this site. Attorney Ciccatelli noted that the Conservation Commission, Zoning Board of Appeals, etc. are superceded by Chapter 40B. George Hines asked what the motivation was for putting in townhouses if the profit is limited. Attorney Ciccatelli indicated a 20% profit and four affordable housing units in the housing stock. Camille Anthony noted that there are three problems — access is an easement over someone else's property, safety concern regarding access for emergency vehicles and noise is a health problem. Attorney John Lamond was present to represent the residents. He noted that his clients are not opposed to low income housing but the specific proposal could never be viewed as a net factor for the Town. He also noted that support of the LIP is not mandated. His clients wish to address issues regarding traffic, safety, etc. Pam Ivany of 96 Curtis Street noted that she had reviewed the lot plan and there is a safety issue. She noted that there are 70 children on Heather, George, Curtis and South Streets. This development would increase the vehicle trips by 80 per day. Board of Selectmen Meeting—April 6, 1999—Page 7 Robin Hamilton of 30 Curtis Street stated that her current concerns are with Route 128. Children have found a way through the fence and once the trees are taken out, the children will have a clear field to Route 128. She noted that regarding traffic, her daughter had written a letter to the Town Manager regarding the traffic on Curtis Street. Curtis Street is a dead end and people think it is a cut through to Route 128, so they get a lot of vehicles down that road turning around. Ms. Hamilton also noted that there are not sidewalks in that area so children ride their bikes and roller blade in the street. Kate Murphy had concerns regarding the noise issues. She lives at the end of the cul-de-sac and the only buffer is the trees. The trees are needed as a buffer to the noise and smoke pollution in the neighborhood. Glen Milley, a registered engineer and resident of George Street, noted that the trees are very effective in blocking the noise. The layout of the land is not flat, there is a 25 foot drop and one zone is ledge. When the ledge is removed, there will be another 25 foot drop. Mr. Milley also noted that DPW is there once a week to clear a sewer blockage which is caused by a design defect. Bill McCarron of 99 Curtis Street indicated that the reason the developer is doing this is because 20% of something is better than 20% of nothing. There are conservation and wildlife issues and he noted that the dunipster would attract rats from the wetland. Jim Serovich had concerns regarding access of emergency vehicles and snow plowing, and he also noted that water pressure is already at a minimum. Elwin Frederick noted that his son is a Police Officer, and he has ticketed people for doing 60 mph on South Street. Jeff Lawton lives in the Birch Meadow Area, and noted that the Town doesn't need another 30 — 40 children in the school system. Dave Tuttle of 27 Heather Drive noted that taking down the trees would leave a free access to Route 128. He asked to see a topographic map of the area. He also noted that four is not 25% of 17. Attorney Ciccatelli asked for more time to address the issues that were raised. He noted that if the Board denies the application without a hearing, then it would be considered unreasonable. Mark Delaney of 15 George Street noted that the developer had his opportunity to explain. The Town Manager noted that a hearing is not even required. On motion by Nestor seconded by Hoyt, the Board of Selectmen voted-to close the public hearing on the George Street Comprehensive Permit Application. The motion was approved by a vote of 4-0-0. Board of Selectmen Meeting—April 6, 1999—Page 8 Camille Anthony noted that she had attended a workshop at MMA and it was noted that the Board of Selectmen has the duty to create and maintain hearings and all of the issues need to be heard. Matthew Nestor noted that none of the issues are a surprise, and that the developer had an opportunity to address the issues. Sally Hoyt agreed with Camille Anthony that the developer should be allowed to submit more information. The Board agreed to put this item on the April 13, 1999 Agenda at 8:30 p.m. On motion by Nestor seconded by Hoyt, the Board voted that there,would be no more oral testimony-- only written testimony will be accepted for the April 13, 1999 meeting. The motion was approved by a vote of 4-0-0. Approval of Minutes On motion by Nestor seconded by Hoyt, the Board voted to approve the minutes of their meeting of March 16, 1999 as amended. The motion was approved by a vote of 4-0-1, with Hines abstaining. On motion by Nestor seconded by Hoyt, the Board of Selectmen voted to adjourn their meeting of April 6, 1999 at 11:12 p.m. Respe lly submitted, cr tary