Loading...
HomeMy WebLinkAbout2009-12-01 Board of Selectmen Minutes Board of Selectmen Meeting December 1, 2009 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Ben Tafoya, Vice Chairman James Bonazoli, Secretary Camille Anthony, Selectman Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur and the following list of interested parties: Ron O'Keefe, Jr., Joan Hoyt, Brendon Hoyt, Attorney Marls Gallant, Dave Williams, Recreation Administrator John Feudo, Joshua Eaton Principal Patty'de Garavilla. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman Richard Schubert noted that with regard to the information submitted by the Making Reading Better Group, he felt that we should have a policy or procedure in place where people who hand out material in public places identify who they are by name. He also asked whether we had the Accident Report on the fatal accident on High and Lowell Street, and whether or not there is anything we can do about the safety of the intersection. The Town Manager will get the accident history, secure the Accident Report when it is available from the State Police, and talk with the Parking,Traffic and Transportation Task Force about the intersection. Selectman Camille Anthony noted that CPDC did a great job on the 40R presentation. She also commended the work that the Community Services Director/Town Planner Jean Delios did, particularly considering that she took on this project 9/10 of the way through the process. She also noted that it is the holiday season and if people want to give a gift to the community, donations are being accepted by the Town for the improvements to the Mattera Cabin. Chairman Ben Tafoya provided kudos to all involved in the 40R process. Town Manager's Report—The Town Manager gave the following report: • I have gotten a price from Town Counsel to put together a comprehensive amendment to section 6.3 of the Zoning Bylaw re nonconforming uses, and would plan on moving this process ahead for consideration at the Annual Town Meeting. • State funding for special elections — some funding has been provided but not all funding needed to run the elections. • Request to meet with Wine Nation—Town Counsel's comment • H1N1 Flu vaccination process • Seasonal flu clinic December 10 at parker Middle School • Reading High School Football play-off game tonight—wish them luck Board of Selectmen Meeting—December 1, 2009—page 2 • Austin Prep—our other High School — is also playing a football play-off game tonight in Reading, and I'm sure that we all wish them luck also • Toys for Tots—collection boxes in a number of locations including Town Hall • Tree Lighting ceremony was spectacular Discussion/Action Items Highlights — Trails Committee — Dave Williams from the Trail Committee introduced members of the Trails Committee who were present and gave the highlights of the project to-date. In addition to the Ipswich River Greenway where most of their efforts have been focused, additional trails that have been adopted include Kiley Drive and Johnson Woods. Williams noted that there are a couple of land purchases that would facilitate trail development and these have been previously reviewed with the Board of Selectmen. With regard to the Adopt a Trail locations, Birch Meadow, Pinevale and Marion Woods have been adopted. There was discussion about whether or not the Town should organize a paintball area and therefore avoid some of the problems that the Town has encountered with unauthorized paintball use in trail areas and conservation areas. The Board of Selectmen asked staff to prioritize development of a traffic signal which will provide for crossing of Main Street as part of the Ipswich River Greenway Program. The Board of Selectmen thanked the Trails Committee members for their excellent work. Discuss Possible Improvements to Joshua Eaton Play,ground - John Feudo, Recreation Administrator, and Patty de Garavilla, Joshua Eaton Principal, presented to the Board of Selectmen the proposed improvement of the Joshua Eaton playground. This playground is scheduled in the Capital Improvement Program for improvement in 2012. In the meantime there is an interest in doing fundraising and beginning some of the work currently. It is anticipated that $10,000 - $20,000 in donations would be secured for the project. They would like to prioritize the construction of a swing set to be constructed this summer. The cost of a swing set is $10,000 plus the mulch (estimated to be $3,000 - $5,000). The useful life of the equipment plus the swing set would be approximately 20 years. The proposed swing set would be in a location somewhat set aside from where the existing swing set is. This will enable construction to take place in an easier way, and will free up a portion of the site for other uses including potentially additional off street parking. The Board was disposed to allow fundraising to proceed with the caveat that there would be no construction on the site until a master plan has been developed and adopted by the Board of Selectmen. On motion by Anthony seconded by Bonazoli the Board of Selectmen voted, pursuant to Section 1.3 of the Board of Selectmen Policies, to hereby approve fundraising efforts by the Joshua Eaton PTO for the installation and construction of a new swing set as indicated in the plans presented, with all parties recognizing that there is an intent but no commitment to reconstruct the remaining portions of the playground in fiscal year 2012. The construction of the swing set is to be coordinated by the Recreation Administrator who will work with the Parks, Board of Selectmen Meeting;—December 1, 2009—page3 Forestry and Cemetery Supervisor and the School Principal to insure a smooth completion of this project. The motion was approved by a vote of 4-0-0. Update on Town Forest Master Plan—This item was deferred to January. Dunkin Donuts Request for Early Opening — Bill Rianhard was present to answer any questions. The Town Manager noted that the only complaint received was the parking of a tow truck on landscaped areas of the property. The Town Manager noted that the tow truck was actually parked on State highway property and the applicant noted that they had worked with the tow truck operator to park elsewhere on their property where it would not cause a problem. On motion by Anthony seconded by Bonazoli the Board of Selectmen voted to approve an application by Dunkin' Donuts, including the Mobil Gasoline Service Station and the Convenience Store on the premises at 2 West Street to open at 5:00 a.m., Monday through Friday, effective January 1, 2010, and excluding state designated holidays. This approval will expire December 31, 2010. The Board of Selectmen finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safety and welfare or that public necessity or convenience will be served by permitting such. operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. • The Board determined that in accordance with Section 5.10.5 no public hearing will be required for this application. The motion was approved by a vote of 4-0-0. Shell Station Request for 24 Hour Operation — Motiva Enterprises — Attorney Mark Gallant was present to answer any questions that the Board may have. On motion by Anthony seconded by Schubert the Board of Selectmen voted to approve the application for 24 hour sales by Motiva Enterprises, LLC and Leigh Enterprises, Ltd. d/b/a Reading Shell Station at 87 Walkers Brook Drive. The Board finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safety and welfare, or that public necessity or convenience will be served by permitting such operation, and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. s The Board determined that in accordance with Section 5.10.5 that no public hearing will be required for this application. The approval of this application is subject to the following conditions: 1. This approval expires at midnight, December 31, 2010; 2. All signs shall conform to the Zoning By-Laws of the Town of Reading; Board of Selectmen Meeting—December 1, 2009—page 4 3. The gasoline service station shall, in fact, be open 24 hours a day, seven days a week; 4. The operator will ensure that there is a supply of Masoline available at the station during all hours that the station is open; 5. The operator will provide gas cans for motorists who run out of gasoline on the road; 6. The operator will prepare and post a list of local towing and repair shops that are open 24 hours a day for those who need it; 7. Restroom facilities shall be open 24 hours a day, seven days a week. The motion was approved by a vote of 4-0-0. _Approve Plan Change — Mandarin Restaurant — The Town Manager showed the revised plan to the Board of Selectmen. This restaurant re-modeling in accordance with the plan is currently under construction, having received site plan approval from the Community Development and Planning Commission. On motion by Bonazoli seconded by Schubert the Board of Selectmen, pursuant to section 12.1.1 of the Liquor License policy, voted to approve the change in plan dated 12-1-09 for Mandarin Reading, Inc. d/b/a Mandarin Reading Restaurant, 296 Salem Street. The motion was approved by a vote of 4-0-0. Approve Liquor License Renewals - A motion by Bonazoli seconded by Anthony that the Board of Selectmen approves the All Alcoholic Club Liquor Licenses for: Reading Overseas Veterans, Inc. d/b/a Reading Overseas Veterans,575 Main Street e Meadow Brook Golf Corp of Reading, Mass. d/b/a Meadow Brook Golf Club,292 Grove Street ♦ Home Building Corp. d/b/a Knights of Columbus, 11 Sanborn Street for a term expiring December 31, 2010 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager,was approved by a vote of 4-0-0. Brendon Hoyt from the American Legion (Reading Veterans' Association, Inc.) was present. The Board was concerned that seven noise complaints with regard. to the operation have been received during the past year. Hoyt indicated that until this was mentioned at the last Selectmen's meeting he was not aware of the complaints. Hoyt agreed that they will add language in the contract when they rent the function hall that there is to be no outdoor activity related to the rental. The Reading Police Department will make sure that the Reading Veterans' Association has a copy of any complaints as they are received. This will be done for all of the liquor licensees. Board of Selectmen Meeting—December 1, 2009—page 5 A motion by Bonazoli seconded by Anthony that the Board of Selectmen approves the All Alcoholic Club Liquor Licenses for: ♦ Reading Veterans' Association, Inc. d/b/a American Legion Post 62, 37Ash Street for a term expiring .December 31, 2010 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager, was approved by a vote of 4-0-0. A motion by Bonazoli seconded by Schubert that the Board of Selectmen approves the All Alcoholic Package Store Liquor Licenses for: ♦ Busa's Reading Liquors, Inc. d/b/a Busa's Reading Liquors, 345 Main Street ♦ Athens Liquors, Inc. d/b/a Square Liquors, 11 High Street ♦ Jai Vaishnodevi& Chirag, Inc. d/b/a North Side Liquors, 150 Main Street ♦ Jahnavi Riya Wine Shop, Inc. d/b/a The Wine Shop of Reading, 616 Main Street for a term expiring December 31, 2010 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager,was approved by a vote of 4-0-0. A motion by Anthony seconded by Bonazoli that the Board of Selectmen approves the All Alcoholic Restaurant Liquor Licenses for: ♦ Mandarin Reading, Inc. d/b/a Mandarin Reading Restaurant, 296 Salem Street ♦ Mecom,Inc. d/b/a Cafe Capri, 355 Main Street ♦ Emperor's Choice Restaurant, Inc. d/b/a Emperor's Choice Restaurant, 530 Main Street ♦ CAC Foods,Inc. d/b/a Venetian Moon Restaurant, 680 Main Street ♦ Pepper Dining Inc. d/b/a Chili's Grill & Bar,70 Walkers Brook Drive ♦ Mae Acquisition of Delaware d/b/a Romano's Macaroni Grill, 48 Walkers Brook Drive ♦ The Boland Group III,LLC d/b/a Fuddruckers, 50 Walkers Brook Drive ♦ Bertucci's Restaurant Corp. d/b/a Bertucci's Italian Restaurant, 45 Walkers Brook Drive ♦ Rare Hospitality International, Inc. d/b/a Longhorn Steak House, 39 Walkers Brook Drive for a term expiring December 31, 2010 subject to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager,was approved by a vote of 4-0-0. Board of Selectmen Meeting—December 1 2009—.page 6 A motion by Bonazoli seconded by Anthony that the Board of Selectmen approves the Wine and Malt Liquor Licenses for: • Colombo's Pizza & Cafe,2 Brande Court • Ristorante Pavarotti Inc. d/b/a Ristorante Pavarotti 601 Main Street • Palatat Pattenesuan d/b/a Bankok Spice Thai Restaurant 76 Raven Street for a term expiring December 31, 2010 subject to the following conditions: All Bylaws Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subject to a satisfactory inspection of the establishment by the Town Manager,was approved by a vote of 4-0-0. Approve Licenses—The Town Manager submitted to the Board of Selectmen a list of all the other licensees and the Boatd had no problem with approval of the licenses once all requirements had been met including payment of taxes and fees. The Board of Selectmen reviewed Town Counsel's comments with regard to the request by Wine Nation to meet informally with the Board of Selectmen. The consensus of the Board was that they should wait until the ABCC appeal is completed. If the matter is remanded to the Board of Selectmen, then the Board would meet with Wine Nation as part of the public hearing process as recommended by Town Counsel. The Board of Selectmen should submit their comments on the Town Manager's evaluation to Stephen Goldy and James Bonazoli by December 7, 2009, and Chairman Tafoya requested that they be copied to Paula Schena in the Town Manager's office. On motion by Anthonyseconded by Bonazolithe Board of Selectmen voted to adjourn the meeting at 9:00 p.m. Respectfully submitted, Seretary