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HomeMy WebLinkAbout1999-07-27 Board of Selectmen Minutes Board of Selectmen Meeting July 27, 1999 The meeting convened at 7:40 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman Matthew Nestor, Selectman Camille Anthony, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Town Counsel H Theodore Cohen, Town Planner Anne Krieg, Town Engineer Joe Delaney, Paula Schena and the following list of interested parties: Joe Gatta, Attorney Steven Cicatelli, Attorney John Lamond, James Gould, D. Muley, Sue Russell, Joe Burrell, Timothy and Susan O'Connor, Kate Murphy, Doug Cowell, Nancy Eaton, Robert Cusolito, Ronald Tanner, Clayton Jones, Wilbar Hoxie, Sharlene Santo, Virginia Adams, Shawn Ferris. Reports and Comments Selectmen's Liaison Reports and Comments — Camille Anthony noted that she attended the Grand Opening of the Remarkable store. The next South Main Street meeting is August 17, 1999. Matthew Nestor noted that he had received a phone call from a resident regarding a telephone pole that fell down in the middle of the night. The pole was hit two years ago by a car, and the Town Manager will look into why the pole was not replaced. Sally Hoyt noted that she attended the tour of the new Police Station. Public Comment—There was no public comment. Town Manager's Report There was no report from the Town Manager. Personnel and Appointments Constable—Will be rescheduled. Cable TV Advisory Committee — The Board interviewed Douglas Cowell for a position on the Cable TV Advisory Committee. On motion by Nestor seconded by Anthony, the Board of Selectmen placed the following name into nomination for one position on the Cable TV Advisory Committee with a term expiring June 30, 2002: Douglas Cowell. Mr. Cowell received three votes and was appointed. Board of Registrars — The Board interviewed Robert Cusolito for a position on the Board of Registrars. On motion by Anthony seconded by Nestor, the Board of Selectmen placed the following name into nomination for one position on the Board of Registrars with a term expiring June 30, 2001: Robert Cusolito. Mr. Cusolito received three votes and was appointed. Board of Selectmen Meeting July 27, 1999—Pa.Re 2 Conservation Commission — The Board interviewed Ronald Tanner for a position on the Conservation Commission. On motion by Nestor seconded by Anthony, the Board of Selectmen placed the following name into nomination for one position on the Conservation Commission with a term expiring June 30, 2000: Ronald Tanner. Mr. Tanner received three votes and was appointed. Discussion/Action Items Presentation of Map by Historical Commission — Historical Commission Members Clayton Jones, Wilbar Hoxie, Sharlene Santo and Virginia Adams presented the map to the Board of Selectmen. Virginia Adams noted that this map is from 1854, and has been restored with money received from a grant from the Historic Preservation Trust. Request for Second Driveway Opening— 183 Woburn Street—The Town Manager noted that the owner of the property at 183 Woburn Street wants a circular driveway so he doesn't have to keep backing out onto Woburn Street. The property has 105 feet frontage. The Town's policy requires 125 feet frontage for two access ways. Shawn Ferris informed the Board that he was renovating his house and is putting in a new lawn. He is requesting a circular driveway for safety reasons. When school and church lets out, everyone gathers in front of his house and this is a safety issue. He tried to widen his driveway but it is not possible. Camille Anthony asked Mr. Ferris if he was aware that the sidewalk and apron has to be cement and Mr. Ferris replied that he was aware. Matthew Nestor was concerned that the Board is not uniformly applying the policy. A previous request from a property owner on Woburn Street was denied. The Town Manager noted that was a different situation and the lot was narrower. Matthew Nestor asked if the abutters had been notified, and the Town Manager responded that the Town does not notify abutters for this type of requests. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve a waiver of the standards for a second driveway opening for 183 Woburn Street, subject to the condition that the applicant verify standards for that opening. The motion was not approved by a vote of 2-1-0, with Nestor opposed. The Town Manager informed Mr. Ferris that he could ask for this to be rescheduled if Matthew Nestor (the opposing vote) agreed to it. Matthew Nestor indicated that he would be happy to reschedule this, and suggested that Mr. Ferris might want to wait until after the election when there is a full Board. Camille Anthony requested the minutes of the meeting from the last request on Woburn Street, and asked that abutters be notified for these requests. Matthew Nestor indicated that a public hearing should be held on the policy. Board of Selectmen Meeting—July 27, 1999—Page 3 Close Warrant - Special Election — The Town Manager noted that there is a vacancy on the Board of Selectmen, and a Special Election will be held on September 14, 1999 to fill that vacancy. On motion by Nestor seconded by Anthony,the Board of Selectmen voted to close the Warrant consisting of one Article for the Special Election on September 14, 1999 from 7:00 a.m. to 8:00 p.m. at the Hawkes Field House, 62 Oakland Road. The motion was approved by a vote of 3-0-0. Hearing on`Blight"Designation—"Old"Police Station—Camille Anthony read the legal notice. The Town Manager noted that the Board of Selectmen had approved a blight designation for this neighborhood a few years ago. It was in the C.I.P but the Finance Committee recommended taking it out to balance the budget. Town Planner Anne Krieg reviewed the map of the blight area. She noted that this is to be approached as a "spot" blight. The amount being requested is $240,000. The monies would be used for demolition of the"old"Police Station and construction of a parking lot. If the Board of Selectmen approve this, then the Town can apply for the funds. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to close the public hearing on the designation of the property at 67 Pleasant Street as a blighted property. The motion was approved by a vote of 3-0-0. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve the designation of the property at 67 Pleasant Street as a blighted property. The motion was approved by a vote of 3-0-0. Follow Up — George Street Process — The Town Manager reviewed the process to date. He noted that the Board of Selectmen had voted not to support the LIP in the Spring. Since then, he has met with the property owner and Counsel twice. The Town Planner made a presentation to the Board of Selectmen on July 6, 1999 regarding the LIP and HOP Programs. The Board had requested more information on the access issue, and Town Counsel will present that. Town Counsel Ted Cohen noted that he had reviewed the status of the access right of way for 23 George Street. The deed references two parcels. Parcel 1 references Lot 5 which has 22 feet of frontage on George Street. The deed also references Lot 3, which Lynch does not own, but it gives Lynch the right of way to travel on foot or by vehicle. Lot 3 has 7.5 feet which brings the total frontage to 30 feet. Town Counsel advised that for the purpose of deliberations, the Board of Selectmen could assume that Lynch has the right of way until a full title examination is done. Attorney John Lamond was present to represent the neighbors. He disagreed with the Town Counsel's interpretation of the deed. He noted that when another person acquires property, the right of way does not automatically go with it. Board of Selectmen Meeting—July 27, 1999—Page 4 A right of way cannot be overloaded or create a nuisance. The right of way was granted in 1937, and the frequency of use should be measured to what it was at that time. He questions the easement and the use. Matthew Nestor asked if the Town had the right to assert. Town Counsel noted that he did not disagree with Attorney Lamond, and only the owner of Lot 3 could assert the right of nuisance, overload, etc. Camille Anthony noted that it would be difficult for the Town to approve a development when it is not known if there is a clear title. Attorney Steven Cicatelli was present to represent James Lynch Trust. He noted that he has 22 feet of frontage on George Street. There is no owner of Lot 3 -- it is in probate which hasn't been settled. He has had discussions with the Town Manager and the Chairman of the Board of Selectmen but they do not have the authority to negotiate. He is asking for a decision tonight. Matthew Nestor noted that at the last meeting, the Board told Attorney Cicatelli that they would be willing to look at a new proposal. Attorney Cicatelli indicated that he wanted to prepare a plan with the Town Manager, one or two Selectmen and Counsel to prepare a proposal that would be acceptable. Sally Hoyt suggested setting up a negotiating team. Camille Anthony asked how many units he was proposing. Attorney Cicatelli indicated 10 units, and that is his last offer. He is not prepared to go with a PRD -- it would waste one year. He wants to go with the LIP Program. If negotiations fail, then he will go to the State. Attorney Cicatelli noted that he is committed to 10 units if he goes with the LIP Program. If he goes through the HOP Program, that number will increase to 17 units. The Town Manager noted that the 22 feet of frontage has nothing to do with the width of the road because of the angle of the property. He also noted that he does not have enough frontage without Lot 3. Town Planner Anne Krieg was present and reviewed the possible development options for 23 George Street. Camille Anthony noted that access is an issue. She feels very uncomfortable getting involved with a development when the right of way is hazy. She also noted that 20 feet of frontage in the wrong direction doesn't help. Matthew Nestor noted that he was willing to assign a member to a negotiating team. He noted that he would like to have the State in to talk about the LIP and HOP Programs. He suggested holding another hearing in 90 days. The Board reached consensus that a negotiating committee be formed and report back to the Board of Selectmen in 90 days. Attorney Cicatelli noted that was not acceptable. He can have a revised plan in two weeks but he is not going to wait 90 days. Board of Selectmen Meeting—July 27, 1999—Page 5 Sally Hoyt indicated that she wanted more information. She suggested appointing a negotiating team and meet with the State for more information. Camille Anthony noted she would also like more information but doesn't think a negotiating team is worthwhile,because all members of the Board of Selectmen need to be involved. Matthew Nestor noted that a negotiating team who doesn't have the authority to make decisions would be fruitless. He suggested having a public hearing with the State Legislators and the Department of Housing and Development. The Town Manager suggested having the people from the State in on September 7, 1999. Attorney Cicatelli indicated that he would have a revised plan to the Town on September 7th for review by departments. He noted he had no problem waiting until after the Special Election for a hearing on September 21, 1999 when there is a full Board. Camille Anthony asked Attorney Cicatelli if he would share the title search with the Board, and he replied that it was inconclusive and he would talk with Town Counsel about it. Review of West Street Intersection Design—Town Engineer Joe Delaney was present to review the preliminary designs for West Street. The West/Willow/Summer intersection has two options: Option 1 creates a three way signalized intersection with West Street being the main through movement. This option is preferred by him and Mass Highway. Option 2 creates a four way signalized intersection with Willow being the main through movement. Although this option is desirable to discourage cut through traffic from Wilmington to Woburn, it has serious drawbacks. West Street does not align with Willow Street. There would be serious grading problems, and the driveway at 1 Summer Avenue would come directly out into the intersection. Camille Anthony noted that Option 2 gives a more diverse look but she approves Option 1. Sally Hoyt noted that she prefers Option 2 to discourage cut through traffic but approves Option 1. Matthew Nestor noted that since Option 2 has logistical problems, he will approve Option 1. Town Engineer Joe Delaney reviewed the plans for the intersection of West/Woburn and Wescroft Streets and also South and West Streets. Liaison Assignments — Sally Hoyt noted that as Chairman she wants to oversee all of the departments. The assignments are made as follows: Accounting — Hoyt, Community Development — Hoyt, Board of Appeals — Anthony, CPDC/MAPC — Anthony, Conservation Commission — Anthony, Historical Commission — Nestor, Land Bank Committee — Nestor, — Hoyt, Trust Fund Commissioners — Hoyt, Board of Assessors — Nestor, Finance Department Finance Committee — Nestor, General Services — Hines, Cable TV Committee — Hines, Board of Selectmen Meeting—July 27, 1999—Page 6 Constable — Nestor, Board of Registrars — Anthony, Housing Authority — Nestor, Human Services Department—Hoyt, Cultural Council—Anthony, Board of Health—Nestor, Council on Aging/Mystic Valley Eider Services — Nestor, Hazardous Waste Committee — Hoyt, Recreation Committee — Hines, Library — Hines, Public Safety — Hoyt, Police Department/Police Station Building Committee—Hines, Fire Department—Hoyt, Public Works—Hoyt,Board of Cemetery Trustees — Anthony, Water & Sewer Advisory Committee/MWRA — Hines, Solid Waste Advisory Committee — Hines, Town Forest Committee — Anthony, Reading Municipal Light Department—Hines, School Department—Nestor, Downtown Steering Committee—Anthony. These Liaison Assignments will be changed after the Special Election in September. Approval of Minutes On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve the minutes of their meeting of July 6, 1999. The motion was approved by a vote of 3-0-0. On motion by Nestor seconded by Anthony, the Board of Selectmen voted to go into Executive Session for the purpose of discussion of real estate negotiations, strategy with respect to litigation, and approval of minutes not to come back into Open Session. On a roll call vote all three members voted in the affirmative, and the Open Session was adjourned at 10:30 p.m. Respectfully submitted, F I Secrete