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HomeMy WebLinkAbout1999-09-21 Board of Selectmen Minutes Board of Selectmen Meeting September 21, 1999 The meeting convened at 7:08 p.m. at the Reading Municipal Light Department, 230 Ash Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chainnan Matthew Nestor, Secretary George Hines, Selectmen Camille Anthony and Matthew Cummings, Assistant Town Manager Russell Dean, Town Counsel H Theodore Cohen, Town Planner Anne Krieg, Paula Schena and the following list of interested parties: Bob Sweet, Dan Halloran, Attorney Steve Ciccatelli, Attorney Mark Delaney, Attorney John Lamond, Douglas Prentiss, Joe Russell, Glen Milley, and a large number of George Street residents, Reports and Comments Selectmen's Liaison Reports and Comments — Sally Hoyt congratulated Matthew Cummings on being elected Selectman. She attended the Council on Aging Meeting, the CPDC Meeting, the Library Arts Festival, the Budget Council Retreat and the YMCA Dedication. George Hines had no report. Camille Anthony noted that she went to Teradyne last week with Steve Austin and there were no problems. She hopes people are getting down to the YMCA. Matthew Nestor noted that he attended the joint retreat with the Selectmen, School Committee, Finance Committee and the Board of Library Trustees. Matthew Cummings attended the Library Foundation kick-off and the Budget Council Retreat. Town Counsel H Theodore Cohen noted that he received notice that the Appeal Court overturned the Superior Court decision on Buonarosa, upholding the Town's decision. Public Comment—There was no public comment. Town Manager's Report The Assistant Town Manager gave the following report: ♦ Bids were taken for the Senior Center roof. We received notification that we received a grant of 50% of the cost up to $50,000. The low bid for new slate is $92,000 and for used slate is $86,000. We have expenses for the architect also—the total project cost will be at or about$100,000. ♦ The Route 129 project progresses well. I have authorized the Highland Avenue gate to the Laurel Hill Cemetery to be opened for a couple of weeks to provide alternate parking and access when the heaviest work is taking place on Salem Street. This was done in conjunction with the Old South Methodist Church and the Cooperative Nursery School that operates there. A letter has been sent to Highland Avenue residents. ♦ Walnut Street should be completed by the end of this construction season. There were delays and changes related to the implementation of the Scenic Roads designat on of the project. Board of Selectmen Meeting—September 21, 1999—Page 2 ♦ Harnden Yard parking lot is completed. The Garden Club is looking for an"adoptor" - for the lot. Once the electrical power is activated for the Police Station, the lights will be turned on in the lot and shielded as necessary. ♦ The Library parking lot construction is completed except for the lighting that is on order. The new entrance is completed to an extent that it can now be used. The HVAC is 95% done. We are working on sound control for this unit. ♦ The Brande Court parking lot is complete except for the landscaping and the installation of the light heads. ♦ Gas service has been installed to the Birch Meadow School and the oil tank has been removed. The propane tank will be removed shortly. ♦ We hope to start the work on the Auburn Street neighborhood improvement project within the next couple of weeks. ♦ The new Burbank YMCA was dedicated on Saturday and it is a magnificent facility. Reading residents have certain rights to use the facility and discounts for membership. ♦ October 10th to October 16th is "Local Government Week" in Massachusetts. Town Clerk Cheryl Johnson is working to develop a program here in Reading. ♦ A leadership retreat was held Saturday including members of the FINCOM, the School Committee, the Board of Library Trustees, the Board of Selectmen and staff. A follow-up meeting is scheduled for October 7th, and this financial forum will meet as a collection of the four Boards/Committees/Commissions during the financial season. ♦ Two firefighters are now in the Academy—Lisa Palermo and our newest recruit—John Jenks. Firefighter Phil Dole has retired. ♦ The Assistant Town Manager thanked the inspection team in getting the Coolidge Middle School and YMCA open on time. ♦ CDM is having a public meeting on the water supply and surveys have been sent out. ♦ Corporex met with CPDC and everything is going along well. Proclamations/Certificates of Appreciation Certificate of Recognition — John Kachichian, Boy Scout Troop 702 — On motion by Hines seconded by Nestor, the Board of Selectmen voted to approve a Certificate of Recognition for John Kachichian, Boy Scout Troop 702. The motion was approved by a vote of 5-0-0. Sally Hoyt noted that she would be attending the Eagle Scout Ceremony. Personnel and Appointments Constable — Sally Hoyt turned the chairing over to Vice Chairman Matthew Nestor because she is an applicant for Constable. The Board of Selectmen interviewed Dan Halloran and Sally Hoyt for positions as Constable. On motion by Anthony seconded by Hines, the Board of Selectmen placed the following names into nomination for two Constables with terms expiring June 30, 2002: Dan Halloran and Sally Hoyt. Both applicants received four votes and were appointed. Council on Aging— On motion by Anthony seconded by Nestor, the Board of Selectmen placed the following name into nomination for one Associate position on the Council on Aging with a term expiring June 30, 2000: Richard Anderson. Mr. Anderson received five votes and was appointed. Board of Selectmen Meeting—September 21, 1999—Page 3 On motion by Anthony seconded by Hines, the Board of Selectmen voted to go into Executive Session for. the purpose of discussion of litigation and approval of minutes to come back into Open Session at approximately 8:00 p.m. On a roll call vote, all five members voted in the affirmative and the motion was carried. The Board of Selectmen reconvened in Open Session at 8:12 p.m. Discussion/Action Items Close Warrant for Subsequent Town Meeting—Assistant Town Manager Russell Dean reviewed the Warrant for the Subsequent Town Meeting as follows: ARTICLE 1 - Reports on water supply, the landfill, leases at Reading Memorial High School and CPDC. ARTICLE 2— Instructions—David and Susan Puopolo are requesting an instructional motion relative to a license across Town property for a driveway. ARTICLE 3 — To amend the Capital Improvements Program FY 2000 - FY 2009. Matthew Cummings suggested that the C.I.P. be discussed at Town Meeting,not just amended. ARTICLE 4— To amend the FY 2000 Budget. Four items need to be dealt with— marketing of the landfill, landfill closure, Saugus River drainage basin and Symonds Way recreational site. ARTICLE 5— For the acquisition of 75 Pleasant Street. ARTICLE 6— Authorizing debt for Chapter 90. ARTICLE 7— Authorize debt for Saugus River drainage basin. ARTICLE 8— Accepting MGL 41 —Section 100B re: Indemnification for Medical Expenses—Retired Police and Fire. ARTICLE 9- Taking of Performance Bonds—Sunset Rock Subdivision. ARTICLE 10—Taking of Performance Bonds—Cory Lane Subdivision. ARTICLE 11 —Amend Zoning By-Laws re: Parking for restaurants and fast food. ARTICLE 12—Amend Zoning By-Laws re: Commercial parking in residential district. ARTICLE 13 —Authorizing leases of Reading Memorial High School space. ARTICLE 14—Authorizing construction of an additional elementary school. George Hines challenged the fact of"having" to put an Article on the Warrant (Article 14). He feels as though this is an arrogant approach because the community turned it down less than one year ago. Matthew Cummings indicated that the School Building Committee may be using this to find out what the Town will do for space. Hearing on the Development Plan — George Street - Housing Authority Chairman Bob Sweet was present to give a brief presentation on the status of affordable housing. He noted that the Housing Authority hit a snafu with Marriott and will be asking CPDC to meet with Marriott. The update on other low income housing in the community is that the Housing Authority is adding nine units to the index. These include moving forward with the Wilson and Pleasant Street location and the rest are being discussed in Executive Session. �_ Board of Selectmen Meeting—September 21, 1999—Page 4 Secretary George Hines read the hearing notice. Chairman Sally Hoyt noted that a hearing is not required but the Board of Selectmen thought it would be beneficial. Attorney Steve Ciccatelli noted that he was representing the developer James T. Lynch. He has submitted an application for a LIP project consisting of 10 condo style units at 23 George Street. Attorney Cicatelli read a report that he had a noise consultant prepare. He noted that the building itself will reduce the noise level by 10%-15%. He also noted that the State has committed to installing a fence. He noted that refuse disposal will be in an enclosed building. Tests must be performed to determine the water pressure and the developer is responsible for addressing this issue. Bruce Campbell and Associates did a traffic report and noted that very little traffic will be generated. Attorney Cicattelli noted that the driveway is actually on the public roadway. He noted that in 1951, John Matheson owned Lot 3 and left the property to his children. Attorney Cicatelli noted that he has received the easement and noted that the Town and abutters are not qualified to prove the burden of easement. He went on to talk about density and cited what other cities and towns have. He noted that 10 units per acre is typical. Matthew Cummings asked how much blasting will be done. Attorney Ciccatelli noted that the area to the right was staying intact so the blasting would be minimal. Camille Anthony asked about the back lot line, and Attorney Cicatelli noted that it was 20 feet above Route 128. Douglas Prentiss was present to review the traffic study. He noted that the study was done at South and Curtis Streets. The peak hours are 7:30 a.m. and 3:30 p.m., and an additional eight trips would be generated by this development. He noted that the impact is closest to the site. Town Planner Anne Krieg reviewed the recommendations of the Development Review Team. Regarding noise reduction, the structures will be providing barriers; i.e., human barriers to protect the existing neighborhood. The vegetation needs to be significantly increased. Drainage needs to be studied beforehand. The proposed plan for the dumpster is enclosed but there is concern about the location. Pumps are not recommended for the water service because it can be a nightmare for the homeowner and the Town. A water pumping station would be recommended. The traffic study is typical. The width of the roadway is bare minimum. There is no plan for pedestrian access. Concern is scaling at 18 feet — 20 feet should be the minimum. A fire truck could get into the development but probably could not get out. Town Planner Anne Krieg did a density analysis. She indicated that the 23 George Street development would be 6.49 units/acre compared to George Street at 3.3units/acre, Heather Drive at 2.4 units/acre and George and Heather combined at 2.53 units/acre. Attorney Cicatelli asked the Board of Selectmen for their support on the conceptual plan -- then it would go to the Zoning Board of Appeals. Selectman Matthew Cummings noted that the Selectmen need to determine whether it is reasonable to affect the character of the neighborhood for 0.3% increase in affordable housing. z Board of Selectmen Meeting—September 21, 1999—Page 5 -- There was quite a bit of questioning and discussion from both Selectman Cummings and Selectman Nestor regarding information contained within the traffic study; and the actual impact on the neighborhood — specifically Curtis/George Street. Selectman Hines requested traffic information including Heather Drive was well as what had been provided. Town Counsel H Theodore Cohen noted that if the Board of Selectmen support this proposal, it becomes their proposal with all of the factors that they are hearing. A public hearing is not required. If the whole proposal doesn't make sense, then the Board of Selectmen do not have to support. Joe Russell of 57 Heather Drive asked if the sidewalk would swing into the development. Town Planner Anne Krieg noted that the plan does not provide for pedestrian access. Joe Russell asked if there was a sidewalk, would there be enough room for fire apparatus. Vice Chairman Matthew Nestor asked if other developers who have to go before CPDC would have to put sidewalks in. Anne Krieg noted that CPDC requires sidewalks on at least one side of all their site plans. Attorney Mark Delaney of 15 George Street noted that residents in the neighborhood have concerns. He noted that the traffic study does not address the issue of safety — there are no sidewalks on a good portion of George and Curtis Street. If there is a fire in that development, it would set the whole neighborhood on fire. The line that divides the road from the driveway goes through a driveway that has a basketball hoop where children play. The character of the neighborhood is single family -- condo's do not fit into the neighborhood. The developer proposes to cut down trees that clean the air. Route 128 is a parking lot in the early morning. Only one house would be allowed on that property under current zoning. Glen Milly of 34 George Street noted that there is no access to the back on the units for fire fighting purposes. He also noted that no seasonal adjustment was done to the traffic study. Attorney John Lamond noted that 1/5 to 1/6 of the acreage would be used for housing because of the topography. The State DPW traffic counts state that 147,000 vehicles per day travel Route 128 which is the road at the back of the parcel. Attorney Lamond noted that three siblings are heirs to the parcel and Attorney Cicatelli has an agreement with two, not all three heirs. Attorney Cicatelli suggested that Town Planner Anne Krieg meet with Douglas Prentice regarding the traffic study for additional information. He noted that not all trees are being taken down. A condominium association will be responsible for maintenance. They will provide their own plowing and refuse collection. He noted that there is access from Route 128 to the rear of the site. The units were pushed back to appease the residents who felt they were being encroached upon. He noted that John Matheson does have three siblings. Two have signed off and the third cannot be located. Attorney Cicatelli requested that the matter be continued to get further information. Matthew Nestor noted that the Board did not need another public hearing, that written information would Board of Selectmen Meeting—.September 21, 1999—Page 6 be accepted. Attorney Cicatelli noted that he wanted to keep the lines of communication open to present information, and Matthew Nestor noted that written information is just as effective. Selectman George Hines agreed with Matthew Nestor regarding written information but he suggested if the decision was not going to be made this evening, then the hearing should be continued. Camille Anthony noted that Chief Don Wood should be asked about the rear access, and the sidewalk issue should be looked into. Matthew Nestor noted that he would like to know if it is possible to put in a sidewalk and still have the 20 foot minimum road width. He also asked Town Counsel to review cases on density issues. On motion by Hines seconded by Anthony, the Board of Selectmen voted to continue the public hearing on the development plan for George Street to October 12, 1999 at 8:00 p.m. The motion was approved by a vote of 5-0-0. Town Counsel H Theodore Cohen suggested that the Board of Selectmen make it perfectly clear that the written response needs to be received by 1.00 p.m. on Friday, October 8, 1999. Approval of Minutes On motion by Anthony seconded by Hines, the Board of Selectmen voted to approve the minutes of their meeting of June 22, 1999. The motion was approved by a vote of 3-0-2, with Cummings and Hoyt abstaining. On motion by Anthony seconded by Nestor, the Board of Selectmen voted to approve the minutes of their meeting of August 17, 1999. The motion was approved by a vote of 3-0-2, with Hines and Cummings abstaining. On motion by Hines seconded by Anthony, the Board of Selectmen voted to approve the minutes of their meeting of September 7, 1999 as amended. The motion was approved by a vote of 4-0-1 with Cummings abstaining. On motion by Hines seconded by Nestor, the Board of Selectmen voted to adjourn their meeting of September 21, 1999 at 10:40 p.m. The motion was approved by a vote of 5-0-0. Respectfully submitted, Secret