HomeMy WebLinkAbout1993-11-16 Board of Selectmen Minutes i
Board of Selectmen Meeting
November 16, 1993
The meeting was convened at 7:32 p.m. in the Selectmen's Meeting
Room, 16 Lowell Street, Reading, MA. Present were Chairman
George Hines, Vice Chairman Eugene Nigro, Secretary Sally Hoyt,
Selectmen Dan Ensminger and Bill Burditt, Town Manager Peter I.
Hechenbleikner, Fire Chief Donald Wood, Police Chief Edward Mar-
chand, Town Engineer Bill Robertson, Community Development Direc-
tor Jonathan Edwards and the following list of interested
parties: Tom McManus, CJ Patti, Roberta - and Anthony Guar-
ciariello, David DeFelice, Scott Domaratius, Ruth Cogan, Jim
Keigley, Wendy J. Small, Edward F. Burke, Jr. , Margaret N. Locke,
Jean E. Humphrey, Theresa and George Walk, Richard Smith, Richard
and Elizabeth c:arceo, Carlene M. Neumann, Gail F. Wood, John D.
Wood, Robert McNeil, Particia and Ken MacKinnon, Charles J. War-
ren, Patricia McGrath, Geraldine Pothier, Particia Hogan, Jennie
Cintron, Linda Krechko, Robert Lydon, Vera Csikos, Cornelia
Durham, James C. Wood, Mary Ellen O'Neill, Lucille Beeth, Arthur
P. Skilley, Bruce Berger, Square Liquors.
Approval of Minutes
On motion by Nigro seconded by Hoyt the minutes of October 28,
1993, were approved as amended by a vote of 5-0-0.
On motion by Nigro seconded by Hoyt the minutes of November 2 ,
1993 were approved as amended by a vote of 5-0-0.
On motion by Burditt seconded by Hoyt the minutes of November 9,
1993 were approved by a vote of 5-0-0.
Liaison Reports/Selectmen's Comments
Gene Nigro indicated that he's been involved in the planning of
the 10th Anniversary Celebration of the new Reading Public
Library. The celebration will take place in March of 1994.
Dan Ensminger has attended CPDC meetings on the Sign Bylaw, is
going to be attending a Budget Committee meeting tomorrow, has
spoken with Tony Guarciariello regarding the Mineral Street
Bridge; and has had conversations with John Wood regarding a
pedestrian bridge at Mineral Street.
Sally Hoyt reviewed the activities in Recreation, Health, and
Elder Services. 75 people (50 elders and 25 non-elders) attended
the health clinic; smoking cessation training has taken place.
The intergenerational concert at the Senior Center was attended.
She attended the EMARC breakfast with Eugene Nigro. She par-
ticipated in discussions with regard to Wescroft Road traffic is-
land scout project. The benches will be located at the Senior
Center. She participated in the November 6 program with other
members of the Board to locate the Town boundaries. She reviewed
the status of the Public Duty Rule, House 3944 which deals with
trash and snow removal in condos. She attended the funeral for
Simon D'Antona.
Bill Burditt attended the Rules Committee meeting at Town Meeting
last night regarding changes in the local election schedule, and
Cathy Quimby will get the results.
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Board of Selectmen Meeting - November 16, 1993 - page 2
George Hines indicated that a couple of new businesses have lo-
cated in Town including Snappy Car Rental. He noted the informa-
tion that we've gotten from the Secretary of Transportation Of-
fice regarding Chapter 90 funding and Public Works Economic
Development Grant funding. He also noted that the Board approved
a Certificate of Appreciation for Route 128 SAAB/Volvo and
presented that certificate to Tom McManus and CJ Patti. This or-
ganization donated $1600 to provide for Thanksgiving Dinners for
needy Reading residents. Hines also indicated that he attended a
meeting with the Housing Authority regarding their participation
in land sale activities and we will have a review session with
the Housing Authority at a later date. Further, he noted that
the Varsity Soccer team was in the North sectional finals; that
Kerrin MacDonald took first place in the Regional Swim Meet; and
Courtney Foley, RMHS alumni, attends the University of Mas-
sachusetts Lowell and is a field hockey allstar.
Town Manager's Report
The Town Manager reported to the Board of Selectmen that bids for
Washington and Main Street improvements have been received and
are within budget. He indicated that the proposed State Bond
issue would have $533 ,000 in Chapter 90 funds coming to the Town,
but it is not clear whether the Chapter 90 funds would continue
for the full five-year length of the bond. Hearings on Prescott,
Summer and Pearl Streets were well attended and will be reported
on at later sessions. The hours of the Compost Center have ex-
panded in order to reduce traffic tie ups. The Town Manager has
been elected to serve as the communities' representative on the
Northeast Regional Vocational School District bargaining com-
mittees; the Vending Task Force has been working to develop
policies on vendors in public parks and public property, and also
with regard to parades.
The Town Manager presented a request for a change of manager for
the Knights of Columbus in Reading. On motion by Burditt
seconded by Nigro the Board approved the change in manager for
the Knights of Columbus to David DeFelice, and the forms will be
sent into the state. The vote was approved by a vote of 5-0-0.
Personnel and Appointments
There were no personnel appointments.
Discussion/Action Items
Review of Condominium Rubbish Collection - The Board of Selectmen
began discussion on the issue of rubbish collection for con-
dominiums. The Town Manager noted that values of condominiums
have been decreasing at a greater rate than those of single
family homes, and that the tax burden shift to single family
homes has been increasing. He noted further that some specific
regulations including the Zoning Bylaws require that "all
driveway maintenance including snow plowing and all trash removal
shall be the duty and responsibility of the owners of the
townhouse parcel. " The Board entertained discussion, and noted
that there is a local option law pending before the legislature
which will allow cities and towns to provide this service. Hoyt
Board of Selectmen Meeting - November 16, 1993 - page 3
asked if we could conduct a survey of other communities as to how
they handle rubbish collection disposal. Ensminger indicated
that as part of the rezoning for Summit Towers it was promised
that no extraordinary Town services would be provided. There may
be a difference between the Carnation Circle type of development
versus the high rise type of development at Summit Towers and
Summit Terrace. Nigro asked if the Town had made any special ar-
rangements regarding tax assessments for condos when they were
developed in exchange for them not having these services
provided. The Town Manager indicated that there were no tax as-
sessment concessions made. Bill Burditt noted that if we were to
change the current structure and provide services, assessments
may go up, but we could not recover this as new growth under
Proposition 2 1/2.
Ken McKinnon spoke. He indicated that when rubbish was done as
a fee - in FY92 and FY93 - that the condo owners knew that they
would be responsible for their own rubbish collection disposal.
When the Town passed the override they felt that they should be
included in the rubbish collection disposal program. They use
rubbish barrels, not dumpsters. Mr.- McKinnon claimed that the 36
units in Carnation Circle are paying $6480 (36 X $180 per unit)
for rubbish collection that they are not getting. When the 58
additional units are built the Town will have $16,800 collected
for this service. Carnation Circle residents are currently
paying $1.26 per week for rubbish collection disposal services.
They feel that their development is more like single family
homes.
George Hines indicated that to do anything in Carnation Circle
would require a change in the Zoning Bylaw. Condominiums do get
services - rubbish collection and disposal is not one of them.
Bill Burditt noted that lack of certain services in condominium
developments is reflected by the market value and therefore the
assessed value.
The following residents spoke in favor of providing at least rub-
bish collection disposal services to condominiums in Town: Vera
J. Cikos, 4 Summit Drive; Dick Smith, 2 Summit Drive.
Hines noted that the services provided to condominiums are tradi-
tional in Reading and throughout the State. Dan Ensminger noted
that some of these developments were initially developed as
apartments and commitments were made that the Town would not have
to provide services. Burditt noted that the more services that
are available the greater the market value and therefore, the
greater the assessment. Gene Nigro indicated that he has felt
that the lack of services in condominiums is inherently unfair
and would like to address these. He noted, however, that the
service levels are historic, traditional and customary. Gail
Wood noted that although there may not have been accommodations
made to the assessment of the condominiums, there were accommoda-
tions made in that properties were rezoned and these resulted in
reduced lot sizes, higher densities, and therefore reduced in-
frastructure cost. This resulted in a lower cost of the home.
All of the condominium developments in Reading, except for 1
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Board of Selectmen Meeting - November 16, 1993 - page 4
Charles Place, were built after the current trash rules and
regulations were put in place, and property owners knew or should
have known that rubbish collection disposal was not a service
that was provided by the Town. Scott Damancius of 1 Charles
Place indicated that the Town was providing less services because
the assessed valuation was lower. The Town Manager indicated
that the market for condominiums and therefore the assessed
valuation was lower in part because there were services that were
not provided. The Board asked the Town Manager to develop the
following information. (1) What do other communities do about
services to condominiums. (2) What do all of the Zoning Bylaws
and other records say about provision of services. (3) Monitor
the progress of the law that would allow home rule option for
services to condominiums. (4) Does the Town have the ability to
make a decision with regard to this matter without the change in
the law. (5) What would be the cost of changing the rubbish
collection rules to include four family units (which would in-
clude collection of the Carnation Circle development) as opposed
to stopping at three-family units. (6) What would be the cost
of picking up rubbish at all of the 416 condominiums in Town.
The Board determined that they would have this on a future agenda
and if there were to be any change a public hearing would be re-
quired at some point. This discussion was concluded at 9: 05
p.m. and the Board adjourned for a brief recess.
Decision on the Mineral Street Bridge - The Board reconvened at
9: 15 p.m. The issue of the Mineral Street Bridge was discussed.
The Town Manager reviewed the material that the Board had before
it. Hines indicated that previously unanswered questions that we
hoped to answer tonight are: (1) What is the condition of the
bridge? (2) What is the proposed financing structure - state
and/or federal? (3) What are the public safety departments
feelings about the reconstruction of the bridge? (4) How does
the construction of the bridge or leaving it as is fit into the
master plan? (5) There will be dialogue this evening from the
Board of Selectmen. (6) Although the public hearing is closed,
the Board will entertain any new information.
Bill Robertson, Town Engineer, spoke. He indicated that a new
pedestrian bridge would cost approximately $250,000. Chapter 90
funds cannot be used. ISTEA funds may be available for
pedestrian bridge construction for FY95 or FY96. The bridge is
not now condemned. It's status is "closed" (no vehicles) and is
inspected yearly in January. It is not clear how much longer the
bridge would last and we will get a copy of the inspector's
report in January. If it is a hazard to pedestrian activity then
the State would in fact close it for all purposes and probably
move to demolish it. With regard to the design of reconstruc-
tion, there are no plans that have been developed. The construc-
tion project would probably include the entire area from the in-
tersection of Mineral and Hancock to the intersection of Mineral
and Vine. The current clearance is 16' 8" and would need to be
raised to 20' 611 . The State has very little experience with
pedestrian bridge relocation. A recent one was done in
Board of Selectmen Meeting - November 16, 1993 - page 5
Gloucester and one was done about 15 years ago in Framingham.
George Hines indicated that it seemed to be the consensus that at
the very least a pedestrian bridge should be retained.
Robertson indicated that for the Town to proceed with a
footbridge that counts of foot traffic would need to be made in-
cluding the purpose of the trips. The State has indicated that a
four to five month delay in making a decision would not be criti-
cal. With regard to meeting Americans with Disabilities Act re-
quirements, the State has commented that they had just put
sidewalks on Beacon Hill and that certainly is much steeper than
ADA requirements.
Chief Marchand indicated that if the bridge was permanently
closed to pedestrian and vehicular traffic it would be
problematic, but no additional crossing guards would be required.
The Police Department would favor the opening of the bridge for
vehicular traffic, and feels strongly that it should be kept open
at least for pedestrian traffic. On certain occasions, having
the bridge available for vehicular traffic would improve response
times, although there has not been a problem to date. He feels
that there would not be cut through traffic, from other com-
munities. Chairman Hines clarified with the Chief that his
recommendation in his letter. is that the bridge be open for
vehicular traffic.
Fire Chief Donald Wood spoke. He reviewed his memo regarding im-
proved response time to Tannerville if the bridge was opened to
traffic; which would include fire and emergency vehicles. He
favors the reopening from a public safety perspective. Nigro
asked if Chief Wood's comment about passing the Library was a
concern, and the Chief indicated that because they pointed out in
the alternative route the need to pass schools, that out of
fairness he included the Library. A little more caution would
have to be used in this area. Bill Burditt noted that most trips
to Frank Tanner Drive are Rescue and that the Rescue is located
at the Fire Headquarters.
Nigro asked and Wood confirmed that both ambulances are located
at the Central Fire Station and that we don't have the staff to
operate a second ambulance. The second ambulance is there for
backup services. Wood noted that we do have a fire station on
the west side of Town, but Rescue is not there. The first
responders would respond from the closest station, but they don't
have all the apparatus on the fire trucks. Hines asked what the
time frames for signalization at Woburn Street and the railroad
crossing is. The Town Manager indicated that there is no
definite schedule - it was supposed to be done with the modern-
ization of the depot, and now has been deferred until a second
rail has been put in. Nigro asked what the improved response
time for fire services means, and Wood indicated that it could be
important. He indicated that the threshold is four minutes, if
someone is not breathing the improved response time could be im-
portant.
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Board of Selectmen Meeting - November 16, 1993 - page 6
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Jonathan Edwards reviewed his memo. Dan Ensminger asked if cut
through traffic is a potential. Edwards noted that we have
winter 1991 traffic counts and felt that the reopening of the
Mineral Street bridge would not be attractive to a significant
number of out of town commuters.
Tony Guarciariello from Willow Street indicated that they had
collected signatures at the public Library, football games and at
the Atlantic, and that most people that they talked to were in
favor of reopening the Mineral Street bridge. It will be con-
venient for across-Town traffic and will relieve cross-Town traf-
fic on Woburn Street and Willow Street that has been added to
their burdens since the Mineral Street bridge has been closed.
Tom Baille spoke and indicated that at the hearing only two
people spoke in favor of the reopening of the Mineral Street
bridge. He asked what the cost of a vehicular bridge would be
and confirmed that it is not free - that our tax dollars through
the Federal government would pay for it.. It was indicated that
$250, 000 cost of a pedestrian bridge would include design and
construction. The cost of demolition of the bridge for any pur-
pose is the same in both cases. He took exception to the Police
Chief's comments - he believes it would be •used for cut through
traffic. George Hines indicated that the Board was distinguish-
ing between intown cross traffic and commuter cut through traf-
fic. Baillie noted that if the bridge was there, the neigh-
borhood will see a lot of traffic. He sees a vehicular bridge as
a greater hazard to pedestrians. He asked how the Fire Chief
timed his run to Tannerville if he couldn't drive across the
bridge (the Chief indicated that they did one side and then the
other side and added the two) . Baillie noted that other areas of
Town have longer travel times such as the Sanborn Street area
(Ensminger noted that there is a higher concentration of elderly
in this neighborhood then in other areas of Town) .
Leslie Haley of 88 Mineral Street, indicated that we shouldn't be
considering the information on the current traffic study because
a lot has happened since 1976. With respect to out of town traf-
fic, this area is close to West Street, Summer Street and I93 and
people will look for alternatives. This could be a major hazard
to pedestrians.
Bernice Herrick indicated that there are no problems delivering
emergency care. In the past the bridge has had a 6 ton limit and
emergency vehicles were never able to go across it. It was indi-
cated that a new bridge would be a steel and concrete, although
no specific design has been done. Herrick felt that if the
bridge is reopened she feels crossing guards would be required at
Vine and Mineral and Hancock and Mineral. She noted that the
bridge was closed before the Library was moved to its current
site.
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Ron Grand of 81 Mineral Street felt that improving the bridge
would take money out of people's pockets because it would reduce
property values. He felt that residents who wanted the bridge
rebuilt were being selfish. Patty McGrath indicated that the
Board of Selectmen Meeting - November 16, 1993 - page 7
Mineral Street bridge would be a connection between Route 128 and
Route 129 to I93. People would go across the Mineral Street
bridge to Willow and Summer if the bridge was opened. The In-
dustrial Park in Woburn would have access.
Tom Stohlman reiterated that the reason the bridge was ever built
was not to get across Town - .it was to access the Reading High-
land Station._ He asked for copies of materials that the Board of
Selectmen had, and those will be provided. He hopes that there
will be a chance for public debate. He read a copy of previous
Fire Chief's Redfen's letter indicating that the bridge was not
needed. Fe feels that it will be used mainly by commuters.
Charles Warren of 35 Hancock Street was concerned about the pos-
sibility of losing land to the construction (he's an abutter) .
He still sees people trying to use the bridge.
Pat Hogan of 72 Willow Street spoke and says she heard a lot of
comments about Mineral Street, but no discussion on the impact of
not having the Mineral Street bridge reopened to other streets
like Willow. She feels it would alleviate a lot of traffic on
Willow Street for people who are driving their kids to Barrows
School. Most of the people who were at the last hearing were
from Mineral Street and she understands why they would not want
it opened. However, Woburn and Willow Street now take the burden
of traffic that used to go on Mineral Street. She feels that
this traffic should be divided evenly among the three locations.
Jim Wood of 119 Summer Avenue (corner of Mineral Street) indi-
cated that when the bridge was open there were a lot of traffic
accidents at Mineral and Summer because of poor sight distance.
The Chairman ended discussion and the Board of Selectmen dis-
cussed how to proceed. They need to know how the demolition
would be handled - would it be 100% Federal and State money - and
would there be an attempt to link the timing of demolitition to
the timing of construction. Sally Hoyt noted that of course
people don't want all of the traffic in their neighborhood, but
she noted that she lives at West and Woburn and all neighborhoods
have to bear some traffic. Situations change over time. Nigro
indicated that he was interested in hearing all of the informa-
tion. He emphathizes with the residents especially since many
have purchased their homes since the bridge has been closed to
vehicular traffic. He is coming down heavily in support of the
public safety concerns and cutting response time to areas of the
community in half. He feels this is a townwide issue, not just a
neighborhood issue, it would be interesting to see how Town
voters decide. Burditt noted that one of the Police Officers
talked to him about the need to reopen it for response time. He
asked about having this on a ref errendum on either a binding or
nor binding basis, and questioned whether it could be put on the
Special Election. Hines expressed concern about putting it on a
ballot and pitting one area of the community against the other,
Hoyt indicated that it was fair to have the voters make the deci-
sion. They will decide on the 30th.
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Board of Selectmen Meeting - November 16, 1993 - page 8
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Request for Sunday Liquor Sales - Town Manager discussed the
issue of Sunday liquor sales, which had been approved by the
- Board for the last two years. On motion by Nigro seconded by
Burditt the Board voted to allow the Sunday openings of liquor
stores on Sunday November 21, November 28, December 5, December
12 , December 19, and December 26, 1993 from noon to 5: 00 p.m.
The motion was approved by a vote of 5-0-0. Nigro noted that the
Town takes very seriously the concerns about liquor use and liq-
uor sales and anticipates continued cooperation from these mer-
chants especially as liquor sales effect the youth of the com-
munity.
On motion by Nigro seconded by Burditt the Board voted to go into
Executive Session for the purpose of discussion of real estate
negotiations, labor negotiations, pending litigation, and ap-
proval of minutes not to come back into open session. All five
members present voted in the affirmative and the open session was
adjourned at 10:40 p.m.
Respectfully submitted,
Secretary