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HomeMy WebLinkAbout1996-02-13 Board of Selectmen Minutes Board of Selectmen Meeting February 13, 1996 The meeting was convened at 7:12 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman George Hines, Secretary Camille Anthony, Selectman Dan Ensminger, Town Manager Peter Hechenbleikner and the following list of interested parties: Paul Feely Jr., Bill Brown, Bill Lavoie, Nancy Eaton, Steve Crook, Claire Broughton, Brian Hodge, Christine Marino, Peter F. DePesa, Robert DePesa, Peter F. DePesa Jr., Steven A. Colarossi, Thomas M. Sullivan, Don Cowan, Linda Marino, Louis A. Monteforte Jr., Margaret Beaupre, Tracey Beaupre, Tonia Vasconcellos, Carlos Faria, Mark Resendes, Louisa Shomos, Bijan Haghighi, Ruth Carmichael, Cathy Greenfield, Jack Russell, Brian Irwin, Gerry McDonald, Ben McKelway, Barbara Cade, Virginia Adams, Gary Nixon, George Robertson, Scott Robertson, Steve Viegas, Chris Shomos, James Caan Approval of Minutes On motion by Anthony seconded by Hines, the Board voted to approve the minutes of the meeting of January 31, 1996, by a vote of 3-0-1, with Ensminger abstaining. On motion by Anthony seconded by Hines, the Board voted to approve a Certificate of Appreciation for 128 Ford for their donations to the Human Services Revolving Fund by a vote of 4-0-0. Michael Green and Ron Melhado were present to receive the Certificate of Appreciation. Liaison Reports/Selectmen's Comments Dan Ensminger noted that RMLD raises for management will be in a 2.16% to 4.86% range. There are 12 managers. The RMLD has not formerly voted to sell the 25 Haven Street property in order to keep the insurance in the RMLD account. The RMLD has filled the MIS position vacancy so they can move forward with the GIS System. The GIS system will be on or over a P.C. with server. Dick Murch is the contact person: He received a call from a resident indicating a need for additional handicap parking spaces. Camille Anthony reported that the Ipswich River Watershed Association meeting is February 22, 1996, and it will be attended by herself and Water Department representatives. Community Day is an Open Space day and needs a group to get it going. She attended the Healthy Communities meeting and the small group is going to meet three times. Peg Plansky from the Housing Authority brought forth some ideas. Each participant needs five names of people to attend the next meeting. The first week in April is Health Week. George Hines noted that the Board of Selectmen had attended budget meetings, two Selectmen's meetings, a joint Board of Selectmen/Fincom/School Committee meeting. He acknowledged the superb accomplishment of the Girl's Track Team in winning the State Relay Meet. Sally Hoyt attended the Middlesex County Advisory Board Legislative Committee meeting which is working a County Charter. There also is a Bill being put forward by the Weld Administration to eliminate county government. A copy of the proposed County Charter is going to each town. Board of Selectmen's Meeting-February 13, 1996 -page 2 They plan on filing the Bill for County Charter this week. They hope to have it on the ballot in September if the legislature acts on it. Public Comment Bill Brown quoted the 1984 Town Report directing the School Department to turn over land across the street from the High School to the Town. Town Manager's Report The Town Manager noted that the Budget Council meeting is scheduled for March 2, 1996. The Board of Selectmen have completed their review of the budget and Capital Improvements Program. February 14 is the last day to register to vote for the Presidential Primary and the Town Election. Thursday is the Candidates' Forum on Channel 3 Cable TV. Cheryl Johnson has been appointed as an Administrative Assistant in the General Services Department until Cathy Quimby retires, and then Cheryl will become Town Clerk. The Animal Control Officer has informed the Town Manager that the dog enclosure at Dana Road has been completed to her satisfaction. Boyd Stewart, former Town Clerk and Town Accountant, has passed away. The scheduled Selectmen's Forum slated for March 7 will conflict with the Housing Lottery and we need to reschedule the Forum. The Disabled American Veterans are having their Forget-Me-Not sale on April 22 -28. The American Legion is working on Memorial Day observances. The Board asked the Town Manager to write a letter to Nancy Shipes and to Cathy Baranofsky acknowledging their service to the Town. Discussion Re: Summerfest - Bill Lavoie was present to discuss Summerfest with the Board of Selectmen. The Board asked about liability - Summerfest handles the liability coverage; and about smoking - smoking is not permitted in the area. Hearin on n Liquor License Change of Location - Square Liquors - The Secretary read the Legal Notice of an application for a change of location to sell all alcoholic beverages which is applied for by Athens Liquors, Inc. d/b/a Square Liquors (607 Main Street, Reading, Massachusetts). The application is for the premises at 34 Salem Street, Reading, Massachusetts. Jim Watts was present for the applicant. Letters from Chief Marchand and from Reverend Sweet from Old South Church were read into the record. Chief Marchand had no objection to the change in location. Old South Church expressed opposition to the move. Mr. Watts presented the case for the change of location. The current premises at 607 Main Street is not a sound building- the roof leaks and there are other problems. Watts indicated that they were not aware of any objection from Old South Church, and that this has been a good business in Town. Camille Anthony asked about the site plan review - were traffic issues raised. It was noted that there are 24 off street parking spaces. George Hines noted that the reason cited for wanting to move is the deterioration of the premises. Is there a lease issue? Watt indicated that he felt the landlord is in breach of his lease. They have tried to get the landlord to improve the property. The Board asked if the lease has a bearing on an application for a liquor license transfer, and the Town Manager felt that this was a private property issue that did not involve the liquor license transfer or the Town. George Board of Selectmen Meeting-February 13, 1996 -page 3 Hines asked if we know what the other uses would be in the building at 34 Salem Street. Mr. James Caan, the owner of 34 Salem Street, indicated the liquor store would use 2000 square feet of the 4000 square foot first floor. An office use (the Deputy Collector) occupies the other 2000 square feet of the first floor. Hines noted that the applicant has done an excellent job in his business at the current location. There have been no violations under his management of liquor laws. The technicality of Old South Church being within 500 feet may not be compelling. The Board opened the discussion to the general public. George Robertson owns property across Salem from the proposed site and noted that the existing liquor store is trying to buy commercial property. He doesn't feel that it should be located in a residential zone. He has one tenant on his property who has a young boy. There are two driveways and they have to back out into traffic. A liquor store there would make this situation worse. They made need a Police Officer to direct traffic. He went along with the application to rebuild the premises at 34 Salem Street in the first place, but does not feel that this use is appropriate. Scott Robertson also lived at Salem Street and spoke encouraging the Board of Selectmen to maintain the State statute and don't go against the wishes of the church. The intersection is terrible. They were happy to get a quality building built at this site, because it was an eyesore before. Jim Watts noted for the record that neither of the Robertson's live in Reading at this site. Barbara Cade of 42 Salem Street lives two doors down from the site. There is a high amount of traffic and she is concerned about trash at the backside of the building and screening of the dumpster. Virginia Adams felt the Board should discourage such uses because of hours of operation. The zoning line goes through the property - a portion of the property is A40 and a portion of it is a business zone. Gary Nixon of 767 Main Street spoke. He noted that he had asked the applicant whether or not there would be a liquor store fast food store here, and the applicant said no. Steve Viegas of 16 John Street spoke and objects to this type of commercial activity adjacent to the residential area. He expressed concerns about drinking in Memorial Park. Chris Shomos the business owner lives at 24B John Street. He appreciates the concerns. He felt that people misunderstand the difference between a package store and a pouring license. Camille Anthony asked what the hours of operation would be, and it was noted that the hours will be 10:00 a.in. to 11:00 p.m. and they would not be open on Sunday. If they were to open on Sunday during the holidays, it would be at 1:00 or 2:00 in the afternoon after church is out. Dan Ensminger noted that there seems to be two issues: 1) existing problems related to underage drinking - he does not feel that this proposal would affect this; 2) traffic - there are already businesses in the area and traffic is an existing issue. There could be other busier uses located on this site. Ensminger asked relative to Chapter 138, Section 16C, what the derogation of this business at this site would be to Old South Church. Scott Robertson urged the Board of Selectmen to put off the decision in order to avoid litigation. Gerry McDonald from 14 John Street spoke. He noted that the applicant had asked for a waiver of parking - there were suppose to be 29 spaces. Also, there is no loading area on the site. Steve Viegas doesn't agree with Dan Ensminger with respect to teenage drinking. He noted that historically churches had veto power over liquor stores within 500 feet, but because of litigation, the law was rewritten in a "milder '__ Board of Selectmen Meeting-February 13, 1996 -page 4 form". Churches are active a lot of the day, not only on Sundays. There is a school in this church. Barbara Cade spoke with regard to Memorial Park drinking and the problem with the strip of land that she owns and people use. George Hines noted that he has more empathy for the residents position. Jonathan Edwards was asked by George Hines what occurred during site plan review in terms of waivers for parking and loading. The site plan was contingent on variances on parking, loading and the sign. The variances were requested more or less as requested. The Zoning Board of Appeals stipulated that there would be no fast food establishments. He was not aware of any discussion with respect to liquor. It was assumed that the lower floor would be retail use and the upper floor would be offices. The dumpster will need to be screened. On the east side of this property is a two to three family house. Dan Ensminger asked how loading and unloading would be handled and the applicant noted that it would be handled with regard to requiring deliveries at times when the store was not busy. Camille Anthony noted that she would like to continue the hearing. On motion by Anthony seconded by Ensminger, the Board voted to continue the hearing until 3/12/96 at approximately 8:00 p.m. Motion to continue was approved by a vote of 4-0-0. Town Counsel will be present and will offer advice relative to location of churches. Additionally, copies of the ZBA and CPDC decisions will be sent to the Board, and the church will be asked to comment on how they feel the proposed use is detrimental. Presentation by Low-Level Radioactive Waste Management Board - Mr. McKelway from the Low-Level Radioactive Waste Management Board was present. He noted that they are looking for a site in state, but they are also trying at the same time to reach a deal for an out of state facility. Statewide mapping and screening is being done currently. The current deadline is March 15 and they have a meeting in Waltham on Thursday. The kind of waste would be from biomedical waste, medical tracers, and industry. A lot of this waste looks like regular trash - they are not talking about high level radioactive waste. When Federal legislation was passed, three states had sites. The Federal law passed in 1993 requires every state to take care of its own. No state has broken ground on a new facility yet. Most states have compacts with other states. The mapping program that has been done recommends 10 of 34 exclusion criteria be applied. The reports spells out what data bases are to be used. Excluded would be prime agricultural land, wetlands of 50 acres or more, etc. More criteria will be excluded later. Jonathan Edwards noted that the Metro Plan Committee of MAPC is also reviewing this. Presentation of the Downtown Steering Committee - Cathy Greenfield spoke for the Downtown Steering Committee. She reviewed the Blitz Marketing Program, First Step, Shoppers Survey, Business Owner/Landlord Survey, and Second Step scheduled for March 21, 1996. She asked for the Board of Selectmen's support on their activities. They are not asking for funding at this time, but there may be funding required. Ruth Carmichael, Co-Chairman of the Downtown Steering Committee, reviewed the survey results. Questions asked were how people would rate different elements of downtown, and what action they would take. Major pluses were the sales people, safety, convenience, cleanliness, and easy access by walking. Major negatives were unattractive signs, no place to meet, and lack of variety. Actions needed to improve the downtown would be the business mix, attractiveness of buildings, attractiveness of signs, traffic patterns, landscaping Board of Selectmen Meeting-February 13, 1996 -page 5 and sitting areas, and parking. Camille Anthony asked about the surveys of businesses and it was noted that they have been handed out all over downtown. Bill Brown noted that he is not a member of the Downtown Steering Committee. He reviewed the recommended declaration of blight in the Hardnen Street area and noted that the property is currently assessed at $154,000 and is paying $5,045 in taxes. With the investment of the grants being requested, it would only be assessed at $200,000 and would pay $5,973 in taxes. The return on investment would be 75 to 100 years. George Hines noted that with request to the Board of Selectmen support, they think the group has done a great job and they have made a difference. It is a big help to the community, and he hopes that the group will take the time to continue the process. Camille Anthony asked them to let the Board of Selectmen know what they need. Jack Russell noted that studies are ongoing. Dan Ensminger talked about parking and the need to get spaces turned over. Peter DePesa noted that 1 hour parking restrictions would be a big help to get parking turnover. Brian Irwin is a member of the Downtown Steering Committee and Chairman of CPDC. He noted that the Steering Committee needs to be included in public decisions such as roads. Traffic patterns have a lot to do with what works and what does not work. George Hines noted that it is up to the community to help with partnerships. Jack Russel noted that we need improved parking enforcement. Peter Simms noted that his subcommittee is taking a parking count in public and private locations and also a head count of employees. The Board was invited to the reception which will be held at the Senior Center for business owners and property owners. Brown Bagging in Restaurants - The Town Manager reviewed the issues with regard to "brown bagging" in restaurants. He noted that it had never been an issue in the Town until December of 1994 when Focaccia requested a Common Victuallers' License and raised the issue. The Town has done some research to determine what, if any, regulations there were or should be. The State has no regulations and leaves it up to the local towns. The towns often regulate "brown bagging" or "BYOB" by a Common Victuallers' License. Ted Cohen noted that the Town could develop a Bylaw, or provide restrictions in the Common Victuallers' Licenses. Dan Ensminger noted that Reading is very conservative with regard to liquor control. It might be a situation where Town Meeting action will be required. Steven Colarossi from Revere, Attorney for Focaccia, and Robert DePesa, Peter F. DePesa, and Peter F. DePesa Jr. from Focaccia were present. Colarossi noted that in the seven months that Focacio has allowed patrons to bring in liquor, there has been no problem. There has been concerted Town action with respect to one business and the operation of that business has been lawful. Much of the action of the Board tonight is aimed at that one business. He asked the Board to keep in mind that Focaccia is run by dedicated individuals who run a clean and popular business. There is a need for more businesses with sit down service. The property has been cited as an attribute to the Town. It benefits the downtown and the liquor store adjacent to it. i r Board of Selectmen Meeting-February 13, 1996 -page 6 Tom Sullivan, proprietor of Chris 's Pizza, noted that most people in the restaurant business tY � p p don't mind as long as everyone is on an even playing field. He noted that his Common Victuallers' License does not have the restriction, but the Town Manager noted that all of the Common Victuallers License have the restriction except for Focaccia where it was removed on a temporary basis until the Board could have this hearing. Sullivan noted that not many people have asked to consume beer or wine at Christy's Pizza, but sometimes with groups they may bring in their own beer. It is not a habit among regular patrons. Dan Ensminger asked what the legal liability is, and Town Counsel noted that the Town would have no liability. A restaurant if it participated in any way in the serving of liquor could have a liability. The question was raised that where they advertise "BYOB", will the restaurant have liability. Cohen indicated that would need to be evaluated. Dan Ensminger noted that the Board of Selectmen could do one of three things according to Town Counsel: 1)take no action; 2)take action; or 3) take the issue to Town Meeting. Don Cowan, Vice President of the Chamber of Commerce, noted that the Chamber of Commerce would like to have time to review the issue. He felt that everyone should be on a level playing field. Ben Haiggi of Town Pizza noted that he also felt that everybody should be on a level playing field. All should have the same license - either restricted or unrestricted. George Hines asked Mr. Haiggi if "brown bagging" was a common practice, and Haiggi noted that he has not permitted it because he understood that it was not allowed. Hines was concerned that if it was allowed, many of the businesses are popular with young people and that would be difficult to Police. Mr. Haiggi noted that this would not be up to the business to police this. Louisa Shomos is the Pizza World owner. She noted they have never had a problem because it has never been an issue. They have never permitted or indicated that "BYOB" or "brown bagging" would be permitted. Everybody should have an equal license. Peter DePesa noted that his business warrants people bringing in beer and wine. Camille Anthony asked if he assumed that he could have "brown bagging" when he came to Reading. He said that he chose Reading because there was no similar Italian Restaurant in the community and he felt that there was a demand. Hines asked when he first started business in Reading who inquired as to whether or not "BYOB" was permitted, and when "BYOB" first started. Vincent Zanarello, represent himself and his fiancee. He lives at 21 Overlook Road and likes the idea of "brown bagging". George Hines noted that on advice of Counsel the Board is within its legal rights to include restrictions on "brown bagging". Hines asked Mr. DePesa if he understood that this was a temporary license. His attorney Mr. Colarossi answered that it is not a temporary license. He indicated that there is no legal violation of the license and the Board has no right to change it. The Board asked under what circumstances the Board could modify the license. Mr. DePesa indicated that it was not a temporary license. The Town Manager noted that his conversation with Mr. DePesa had been very clear. In very early January, Mr. DePesa had called complaining about the restriction on the license, and the Town Manager noted that he would issue a revised license until such time that the Board of Selectmen could formally address the issue in a public meeting. He noted that he had told Mr. DePesa that the Board could either allow the license to stand, or could revert to the initial license that was issued which did not allow "BYOB". The Board of Selectmen Meeting-February 13, 1996 - page 7 Town Manager indicated that the January license issued was clearly intended to be a temporary license. Town Counsel recommended that the Board formalize whatever action it may take this evening. On motion by Hines seconded by Ensminger, the Board voted to reinstate the original license issued on December 20, 1995, to Focaccia with restrictions. The motion was approved by a vote of 4-0-0. Presentation Re: Pub Theater-Linda Marino and Louis Monteforte Jr. made a presentation to the Board of Selectmen with regard to a proposal for a pub theater to be located on Main Street across the street from Marshall's. The proposal would be to provide 100 seats, and parking for 65 people. They would show a full length movie and people would be sitting at tables to watch the movie and could order beer or wine and food. The Board asked about the size of the building and whether it was large enough. Camille Anthony asked about whether this would be a change of use in the site plan approval required, and expressed concern about R rating shows as early as 6:00 p.m. in the evening. Following further discussion, the Board indicated that it thought that this would be an interesting idea and was favorably inclined towards it. They would need to go through all of the process of site plan approval, formal application for licenses, etc. Licenses,Permits and Approvals The owner of the Fook Hai Restaurant at 672 Main Street (formerly Golden Dragon) was present. They will be changing their name and have requested a Common Victuallers' License. They have been before the Sign Review Board and have their health permits. On motion by Ensminger seconded by Anthony, the Board voted to approve the issuance of a Common Victuallers License for Fook Dai Hing, Inc. d/b/a Fook Hai at 672 Main Street with the condition that all signs will conform with the Bylaws of the Town and that no alcoholic beverages will be allowed to be consumed on the premises. The motion was approved by a vote of 4-0-0. On motion by Hines seconded by Ensminger, the Board voted to adjourn at 11:30 p.m. by a vote of 4-0-0. Respectfully submitted, r Secretary