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HomeMy WebLinkAbout1992-03-17 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting March 17, 1992 The meeting convened in the Auditorium, Reading Memorial High School , 62 Oakland Road, at 7 : 40 p.m. Present were Chairman Eugene Nigro, Vice Chairman Dan Ensminger, Secretary Sally Hoyt, Selectmen George Hines and Russ Graham, Town Manager Peter I. Hechenbleikner, Town Counsel H Theodore Cohen and approximately 400 interested citizens. The Board signed a proclamation honoring Red Cross month and presented it to Sergeant Richard Robbins of the Reading Police Department for transmission to the Red Cross. Appreciation was expressed to Russ Graham who was participating in his last meeting of the Board of Selectmen. Mr. Graham has decided not to seek re-election at the elections on March 24. Each member of the Board of Selectmen, Town Manager Peter Hechenbleikner, Chief Marchand, former Selectmen Molly Ziegler and Jack Russell, Paul Dustin, former Chairman of the Finance Committee Gerry Fiore, and former secretary to the Fin Com Nancy Graham made presentations to Mr. Graham. Mr. Graham, in brief remarks, thanked the Board of Selectmen and staff. He received a standing ovation and the Board adjourned briefly to enjoy cake, coffee and conversation. The Board reconvened at 8: 22 p.m. Sally Hoyt read the notice for the Public Hearing on the Ice Rink Siting Advisory Committee report. George Hines introduced the members of the Siting Com- mittee. Nelson Burbank, the donor of $1,000,000 towards an ice rink made a presentation to the Board of Selectmen. He indicated that he wanted to give something back to the Town. There are no ulterior motives in his gift. He takes exception to the question "what's in it for Nelson Burbank. " Mr. Burbank expressed that an ice arena would contribute to children of all ages - with learn to skate programs for three to six year olds, figure skating programs, public skating, and hockey facility for youth hockey and high school. In addressing the issue of why a non-profit organization, he in- dicated that he has talked over the last two or three years to a number of rink managers. They unanimously feel that if they want to protect the town they make sure that they don't have to come back to the town for additional money, the rink should be run as a business. Woburn in 1980 and 1981 lost $100,000 per year. They contracted with the Youth Hockey Association to run the rink and donated $40,000 to new repairs. the $40, 000 was returned in two years, and the rink has made a profit every year for the past 10 years. The Stoneham rink has .been run by the town with no contingency fund, no incentives and no balance statement. While they should have had a $2, 000 profit last year, they actually had a $38,000 loss. Selectmens Minutes - 3-17-92 - page 2 In addressing the question of why an ice rink arena rather than some other cause, Mr. Burbank indicated that this is an idea that he has had for 10 years. The last two or three years in his retirement, he has talked to a lot of people, joined the Rink Managers Association and found that a lot of other communities have a rink. He wanted to do something that didn't need an an- nual operating subsidy and would help the Town financially. Mr. Burbank indicated that his financing proposal was laid out in a letter to the Board of Selectmen dated January 30, 1992 . He is giving $1, 000, 000 outright for the project, and would collateral- ize debt for the remainder of the project. If the rink costs 1.8 million dollars, he would get the .8 million dollars back over time. Brad .Latham, attorney for Mr. Burbank, for example, outlined how the project would work. The Town would lease land to a non- profit organization which would build a rink and operate the rink. Mr. Burbank would donate $1,000,000 to this project. A bank would provide a construction loan for the additional amount, and Mr. Burbank would provide personal assets as collateral for the construction loan. Net profits would go back to the Town. There is no lien or mortgage on the land or building. It is felt that the rink would have a positive effect on the quality of life since it would be used by youths and families as healthy recreation for all ages. There is potential for return- ing funds to the Town. Watertown for example returns $90, 000 a year to the town and Saugus returns funding in six figures to the town. Issues expressed are concerns about the impacts from residents. The site plan should be able to deal with these. The project will set back a good distance from Haverhill Street. Realtors have said that there is no notable effect on property values. Mr. Latham quoted Jonathan Edwards' memo indicating that the im- pact on values of property by the project are sometimes exag- gerated. The project can be buffered. Traffic will and must be addressed. The traffic generally is light except for the 10 or 12 times a year when there would be hockey games. The other uses don't generate traffic. Experience of rinks in Lexington and Belmont is that it has not harmed the neighborhoods. The Master Plan indicates the need for additional recreation facilities, and identifies this site for active recreation. The Recreation Committee has unanimously voted to recommend the site. With regard to the number of people who use the facility, the same -can be said for a number of other facilities in Town includ- ing football. The steps needed as Mr. Latham saw it were: 1) to have an Ar- ticle developed for Town Meeting; 2 ) for Town Meeting to authorize the Board of Selectmen to enter into a lease; 3) for the Board of Selectmen to negotiate the final lease; 4) for CPDC to have hearings on the site plan and 5) for the Conservation Commission to approve the site. Selectmens Minutes - 3/17/92 - page 3 Mr. Latham gave four documents to the Board of Selectmen consist- ing of a copy of the land use plan, a letter from Dominick Zanni, an outline of the skating rink lease, and questions and answers relating to the ice skating rink. George Hines spoke. He indicated that an indoor facility such as this would be costly for the Town to build and operate. The state has indicated that the project will be eligible for economic development funding for construction of the driveway. The Siting Committee had inventoried a number of sites. They have excluded the Beverly Road site because it can't be built within the cone of influence of the wells. The landfill site would require extensive footing costs, and is of greater value to the Town for other economic development uses . The Committee reviewed three sites: Batchelder Field, Birch Meadow Field House site, and the Nike Base. They also evaluated other sites and kept an open mind on such sites as Camp Curtis Guild, the landfill and the RMLD site on West Street. The proponent of the project, Mr. Burbank, has spent considerable money on legal , design, and traffic expenses . The Committee evaluated a number of private sites. Two sites are being recom- mended - one is primary and one is secondary. They have eliminated the Birch Meadow site from active consideration. One site - the Nike site is the most favorable. Mr. Hines reviewed all three sites in terms of the benefits and disbenefits and the characteristics of each. This material is included in the report. He indicated that of all property available the Nike site is the best. Camille Anthony from the Conservations Commission indicated that the Conservation Commission had seen no plans and has no opinion with regard to this site. In December Mr. Hulse and Mr. Nadeau went on the site and indicated there are some wetlands on the site. In order for this project to proceed it will need a hear- ing and site visits from the Conservation Commission. Wetland delineation has not yet been approved by the Commission, and she felt that Cedar Swamp may be a water resource area. Marlene Cohen, representing residents of the Haverhill Street, Timberneck Road, Charles Street area, presented a paper to the Board of Selectmen outlining ten concerns. The Board received a written copy of this presentation. Kevin Moran indicated that the Birch Meadow site should be removed from any future consideration for traffic, safety, and esthetic reasons. Steve Thomases made a presentation with regard to concerns about the process. He felt the decision should be made based on facts. The $2,000, 000 rink would carry a debt of $1, 000,000, and the financial feasibility study did not outline this. Chairman Nigro ruled any further discussion in this vein out of order since the topic of this hearing is the siting. Selectmens Minutes - 3-17-92 - page 4 Mr. Arthur O'Brien of 311 Haverhill Street, an abutter to the access way, indicated that the previous presentations had indi- cated that the Nike Base was a viable size with no residential impact or displacement, had adequate access and a lack of neigh- borhood impact. He feels that most of the land of the Nike Base should be returned to the neighbors and felt that most of the land was not usable. He agreed there were no residential dis- placements, but is concerned about residential impact. He feels through his deed that he owns one half of the access way as does his neighbor. He feels there is no legal access to the property. The reports says there is a 37-foot right of way, but the paved way has been measured by his sons as 14 to 18 feet. Chairman Nigro asked Town Counsel to review issues of legal access. Cohen felt that there have been questions about what access exists and who owns it. There was an Instructional Motion in 1960 to previous Town Counsel to evaluate this. In his letter of December he indicated that more work needs to be done. Since then additional information has been developed and one of three scenarios in order of likelihood are as follows. 1) The title to the land is in the Town already by virtue of the chain of title. 2) The title is retained by the previous owner Nesmith. The Town has a deed from his sole survivor to the Town of Reading. 3) The abutters own to the center line. Even so the Town has used this access way since 1966 and by virtue of time has an easement by prescription and the Town has sufficient rights. Mr. O'Brien asked how the Town Counsel perceives the Town has access when the abutting property owners have never been advised the Town wanted access. There are questions about the legality of accessing for commercial purposes, and where the liabilities lie. Cohen indi- cated that the Town has the right to use the land for valid municipal purposes, and by case law an ice rink is such a purpose as long as the Town continues to maintain ownership of the facility. Nancy Eaton from Reading Rifle and Revolver indicated that the comments prescribed to the Reading Rifle and Revolver Club in the six-page handout are not from the Reading Rifle and Revolver Club. The only comments from Reading Rifle and Revolver are in the official document that was distributed to the Board of Selectmen over the weekend. Reading Rifle and Revolver objects to the siting. They feel that the site is expensive. They feel that the projected revenues from the project are based . on $400, 000 of debt not $800, 000. She asked why there was no infor- mation on potential donors. She asked where the profits would go. She was concerned about the non-profit organization, proposed lease terms, hours of operation. She indicated that the property originally came from Reading Rifle and Revolver Club and should be returned there. Ben Nichols, representing the Land Bank Committee, read the com- ments from Article 22 of last fall's Town Meeting (which was in- definitely postponed) regarding the ice rink. The Land Bank Com- mittee recommended that Town land should be kept. He indicated that he had talked with a friend from Andover who indicated that Selectmens Minutes - 3/17/92 - page 5 the town had evaluated and rejected an offer of an ice rink years before. Barbara Scott, District Manager of Carlson Real Estate in Reading spoke in favor of the rink and left a written statement. Janet Allen from Dagnese and Strout Real Estate spoke in favor of the rink and left the copy of her testimony. Sharon Ofenstein from 620 Haverhill Street questioned the rink hours and indicated there is never a non-rush hour. She was con- cerned about traffic and parking. John Pacino indicated his support for the additional recreational facilities. Debbie McCulley indicated that' the rink should be put somewhere on Route 128. She was concerned about the hours of operation, two times per month .hockey events and whether or not donations would be forthcoming to help offset the cost of the project. She was opposed to the rink. Fred VanMagness indicated he supported the rink but that we have to find a site that won't divide the Town. The Nike site is in a residential area. He felt that the landfill site could be used. Michael Diver lives on Haverhill Street and has grown up in that area. He felt that the site is underutilized and placing a rink there was an excellent idea. Bill Brown indicated that other recreation facilities had been donated including the pool, little league field, Memorial Park. His only concern would be about the Town owning an empty build- ing, and he generally supported the project. Marjorie Libitz presented a petition of over a thousand signa- tures to the Board of Selectmen favoring the site. She lives on Wakefield Street and has no concerns about the project. Steve Goldstein from Charles Street indicated that the Town should sell the . property to Reading Rifle and Revolver Club and use the funds from the sale to develop another site. Ron Daddario favored the rink at the Nike Base. Jay Dumas had some detailed comments on the Rink Report. Paul Sweeney noted that Imagination Station, Senior Centers, and other facilities catered to specific areas of the community. He spoke in favor of the rink. He felt that the Nike Base site could be expanded for other uses including soccer fields and baseball fields. ' John Fenneran felt the Nike Base site was the best site. Selectmens Minutes - 3/17/92 - page 6 Carol McLaughlin felt that the site should be sold back to the Reading Rifle and Revolver Club. We should use the landfill site. She was concerned about the effect of the project on the Police Annex, on use of the site by the neighbor for horses. Len Kessler was concerned about traffic. Pat Sudbay indicated that Andover had turned down a $3,000, 000 gift for an ice rink in 1984. Dick Iannetti felt that the project would be an asset on Haver- hill Street. He felt that a signal light might slow down traf- fic. Dave Maillett is an abutter to the site and expressed concerns. He has put a lot of money into his property, and doesn't want a rink in his back yard. Earl Livingston on Haverhill Street was concerned about traffic on Haverhill Street. Even now he has been told that his property is worth $20, 000 to $40,000 less because it is on a busy street. He is trying to sell his house. Mrs. Blodgett indicated she had gone around to get signatures on a petition, and had found only one person in the three hours of gathering petitions who was not in favor of the rink. She has confidence in the Boards, Committees and Commissions in the Town to make proper decisions. George Stacket felt that the rink was a positive proposal, but doesn't want it in Birch Meadow. Gail Wood lives near Little League Park and finds the activity there not to be a problem. She feels Birch Meadow is too crowded but supports the rink. Bob Strandberg supports the facility. He lives on Haverhill Street. He feels that additional figure skating opportunities would be excellent. On motion by Hines seconded by Hoyt the Board voted to close the Public Hearing at 11: 10 p.m. by vote of 5-0-0. The Board indicated that they would meet on March 31 to close the Warrant and decide what the next steps would be. On motion by Ensminger seconded by Hines the Board voted to ad- journ at 11: 14 p.m. by vote of 5-0-0. Respectfully submitted, Secret y