HomeMy WebLinkAbout1991-03-12 Board of Selectmen Minutes Minutes of the Board of Selectmen Meeting
March 12, 1991
The meeting was called to order at 7: 35 p.m. in the Selectmen's
Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present
were Chairman Russ Graham, Vice Chairman Dan Ensminger, Selectmen
Eugene Nigro and Sally Hoyt , Town Manager Peter I .
Hechenbleikner, and the following list of residents and inter-
ested parties : Jean MacKilligan, Howard MacKilligan, Lisa
McCauley, Carolyn Morse Jennifer Doucette, Maureen Morse, Mike
Chapman, Kenneth Pratt, David Malone, Dennis Brown, Gary Catal-
famo, Kevin Brown, Leslie York, Irene York, Jim Guptill, Betty
Guptill, Barbara Philbrick, Mary Williams, George Shannon, Fred
Van Magness, Willard Perkins, Leonard Redfern. Selectmen George
Hines arrived at 7:45 p.m.
On motion by Hoyt, seconded by Ensminger, the minutes of February
12, 1991 were approved as amended by a vote of 4-0-0.
On motion by Ensminger, seconded by Hoyt, the minutes of February
23, 1991 were approved by a vote of 3-0-1, with Hoyt abstaining.
On motion by Hoyt, seconded by Nigro, the minutes of February 26,
1991 were approved as amended by a vote of 3-0-1, with Ensminger.
abstaining.
Liaison Reports
Eugene Nigro indicated that he had toured the Water Treatment
Plant, and was pleased to see the status of the work on the Water
Treatment Plant improvements, and note that testing is done
regularly to ensure the quality of the water supply. He also at-
tended the conference in Stoneham with regard to State aid, and
attended the Girl Scout Pancake Breakfast.
Russ Graham indicated that he, Jack Russell, Tony Fletcher and
Pete Hechenbleikner met with TASC to work out the cost and clean-
ing up of the Department of Public Works site. He also attended
the Water Treatment Plant tour. He attended the opening ceremony
for S.A.D.D. with Les York. He also had the pleasure of speaking
at a luncheon of the Massachusetts Collector-Treasurers Associa-
tion at which Beth Klepeis was installed as President. He will
attend the Girl Scout Gold Award program on Sunday. He will also
be attending the Candidates' Forum, and reminder people to vote
on Monday.
Dan Ensminger indicated that he had met with the Superintendent
regarding enrollment projections:
Sally Hoyt indicated that she had attended the Girl Scout Break-
fast, and also reviewed several issues regarding the Department
of Human Services.
George Hines had no report.
Appointments
The Board interviewed Jean MacKilligan as a candidate for the
Board of Registrars. She was recommended by the Democratic Town
Committee. Following the interview, on motion by Hoyt, seconded
i
Selectmen's Minutes - 3/12/91 - Page 2
by Hines, Jean MacKilligan was appointed to the position of
Registrar for a term starting April 1, 1991, and expiring March
31, 1994, by a vote of 5-0-0.
Public Hearings
The Board opened the hearing on the Policy for the Issuance of
Class I, II, and III Motor Vehicle Licenses. Much of the discus-
sion focused on what the State law meant by the "primary busi-
ness. " Town Counsel indicated that there were no reported cases
on this matter. He know, however, that rental car companies have
licenses for Class I, II or III Motor Vehicle sales in Boston.
The issue needs to be dealt with on a case-by-case basis, with
the Board using its best judgment. The statute certainly recog-
nizes that there would be associated businesses with the prin-
cipal business. There are advantages to backing up the sale of a
used car with a repair business on the, premises. The provisions
of the statute seem to be aimed at sales of stolen motor
vehicles. He felt that there is some relationship between the
sale and repair of motor vehicles. He noted that a copy of the
pertinent parts of the statute are to be given to each licensee
when they are licensed. Several of the licensees spoke, includ-
ing Gary Catalfamo, Kevin Brown, and Michael Chapman. On motion
by Hoyt, seconded by Ensminger, the Board voted to close the
public hearing at 8:59 p.m. by a vote of 5-0-0.
On motion by Nigro, seconded by Hoyt, the Board voted to approve
the Class I, II, and III Motor Vehicle Policy as amended by a
vote of 5-0-0.
The Board opened a hearing on the acceptance of a number of
streets which are on the Warrant for the Annual Town Meeting.
The hearing was opened at 9: 11 p.m. There was some discussion
about Grey Coach Lane and a problem between the developer and one
of the adjacent property owners. The Town Manager was directed
to try to get them together and get the problems resolved. On
motion by Ensminger, seconded by Hoyt, the Board voted to close
the public hearing by a vote of 5-0-0. On motion by Ensminger,
seconded by Hoyt, the Board voted to recommend acceptance of all
of the streets, except Grey Coach Lane. The motion was approved
by a vote of 5-0-0. On motion by Ensminger, seconded by Hoyt,
the Board voted to recommend the acceptance of Grey Coach Lane.
The motion was approved by a vote of 4-1-0, with Nigro opposed.
Discussion/Action Items
On motion by Ensminger, seconded by Nigro, the Board voted to ap-
prove Community Service Awards for Anna Monroe and Nancy Tucker,
by a vote of 5-0-0.
On motion by Ensminger, seconded by Hoyt, the Board voted to
recommend to the Finance Committee the disposal of the spare am-
bulance in accordance with the Fire Chief's recommendation, by a
vote of 5-0-0.
The Board discussed the need for a trash fee in light of the
reduction in state aid. On motion by Ensminger, seconded by
Hoyt, the Board voted to authorized the Town Manager to proceed
Selectmen's Minutes - 3/12/91 - Page 3
with the modification of the FY91 Budget, by assuming a trash fee
of a maximum of $486,000, subject to the input of Town Meeting.
The motion was approved by a vote of 4-1-0, with Hines opposed.
Hines felt that several conditions needed to be met, including a
firm sunset provision, finalizing agreements between the Town and
the School Department, and other issues. Russ Graham commented
that the real problem is Prop 2-1/2 , and that needs to be
addressed.
On motion by Ensminger, seconded by Hines, the Board voted to
recommend Article 17, the purchase of a new fire truck in the
amount of $395,000, by a vote of 5-0-0.
On motion by Ensminger, seconded by Hoyt, the Board voted to
recommend the approval of Article 18 on the Annual Town Meeting
Warrant in the amount of $85, 000 for purchase of a new ambulance
by a vote of 5-0-0.
On motion by Ensminger, seconded by Hoyt, the Board voted to ap-
prove and sign the Kurchian Lane Subdivision Agreement by a vote
of 5-0-0.
Several other issues were held until a future date.
On motion by Ensminger, seconded by Hines, the Board voted to ad-
journ at 11:30 p.m.
Re ectfu�Zo7
sitted,
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Secr2ary
I
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POLICY
ISSUANCE OF CLASS I, II, III MOTOR VEHICLE LICENSES
Chapter 140 Sections 57 - 69 of the Laws of the Commonwealth
provide for the regulation of Class I, II, and III motor vehicle
licenses . The Board of Selectmen as licensing authority is
charged with the responsibility of issuing these licenses ,
determining that the licensee is a proper person to engage in the
business, that said business is or will be his principal busi-
ness, and that there is a suitable place of business. The fol-
lowing guidelines are hereby adopted to give the Board of
Selectmen direction in reviewing and making determinations upon
applications for Motor Vehicle Class I, II, and III licenses.
1. Each application will be dealt with on a case by case basis.
These guidelines are not intended to be full list of issues
to be dealt with by the Board.
2. Class I, II, and III .Motor Vehicle licenses will be issued
only within a Business or Industrial zoning district pur-
suant to the Zoning Bylaw.
3. Pursuant to state law, (Chapter 140 Section 59) the ap-
plicant must show that the business to be licensed is the
principal business of the licensee.
4. The applicant must provide to the Board of Selectmen a lease
or written approval of the property owner (if other than the
applicant) for the use of the premises for the license
period.
5. The applicant will provide pursuant to Chapter 140 Section
58 proof that the applicant maintains or has access to a
repair facility sufficient to enable him to satisfy the war-
ranty repair obligations imposed by state statute.
6. For Class II licences, all requirements of Chapter 90 Sec-
tion 7N 1/4 must be complied with.
7. The Board will require a review by the Chief of Police to
assist them in determining that the applicant is a proper
person to engage in the business to be licensed.
8. The applicant must show through plans or other means that
there is adequate space on the premises for the vehicles. to
be sold and for customers and employees to park.
9. The licensed activity must not create an adverse traffic im-
pact, and access to the site must be adequate.
10. The licensee must conform with the Zoning Bylaw, including
the sign portions of the Zoning Bylaw.
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11. The premises must be maintained in a clean and orderly
fashion.
12. The Board may require information to assure itself that the
facility does not and will not cause any environmental
problems relative to spills or other release of harmful sub-
stances to the environment or to neighboring properties.
13. The following will be standard conditions for Class I, II or
III motor vehicle licenses unless the Board of Selectmen
shall modify any of these conditions, and the Board may make
any additional conditions on the license as it deems fit:
a. The maximum number of vehicles offered to be sold at
any one time shall be established.
b. The location of vehicles to be sold will be specifi-
cally stated.
C. The location of the repair facility will be specifi-
cally stated.
d. There will be no pennants, banners, windshield signs or
other information other than the principal sign, unless
required by law. The Board may require pricing and
other consumer information to be attached to the
vehicle in a manner so as not to detract from the
general appearance of the site.
e. The Board shall review the record of any complaints or
problems regarding the licensed premises, and shall
take such complaints into account in considering
whether or not to relicense the facility.
Hearing: 3-12-91
Approved: 3/12/91