Stoneham Board of Selectmen – Minutes of Meeting of April 25, 2006
Chairman Robert W. Sweeney called the meeting to order at 6:07 p.m. Also present were Selectmen John F. DePinto, Anthony C. Kennedy, R. Paul Rotondi, George E. Seibold, Town Administrator Ronald J. Florino, and Town Counsel William H. Solomon.
Executive Session
Selectman DePinto moved to go into executive session, pursuant to Chapter 39, Section 23B, and return as the Board of Selectmen at 7:00 p.m., for the purpose of litigation strategy. Motion was seconded by Selectman Kennedy, and a roll call vote was taken.
Voting in favor:
Selectman Rotondi
Selectman Kennedy
Selectman DePinto
Selectman Seibold
Chairman Sweeney
Motion was unanimously voted.
Meeting recessed at 6:07 p.m. to go into executive session.
Meeting reconvened at 7:10 p.m.
Pledge of Allegiance
Approve Minutes
Selectman DePinto moved approval of the 4/11/06 minutes, seconded by Selectman Seibold. Selectman Kennedy noted that on page 2 Selectman DePinto was elected as Vice Chairman. Selectman DePinto amended his motion to accept minutes as corrected, seconded by Selectman Seibold. Motion was unanimously voted. Selectman DePinto moved approval of the 4/11/06 executive session minutes, seconded by Selectman Seibold. A roll call vote was taken.
Voting in favor:
Selectman Seibold
Selectman DePinto
Selectman Rotondi
Selectman Kennedy
Chairman Sweeney
Motion was unanimously voted.
Liquor Licensing Authority
Selectman DePinto moved to go into Liquor Licensing Authority, seconded by Selectman Rotondi. A roll call vote was taken. Voting in favor:
Selectman Seibold
Selectman DePinto
Selectman Rotondi
Selectman Kennedy
Chairman Sweeney
Motion was unanimously voted.
April 25, 2006 – Page (2)
Meeting recessed at 7:13 p.m. to go into Liquor Licensing Authority.
Meeting reconvened at 7:14 p.m.
Annual Appointments
Board of Appeals – Selectman Kennedy moved to appoint Gerard Cunningham to the Board of Appeals, effective to 4/30/09. Motion was seconded by Selectman DePinto and unanimously voted. Selectman Kennedy moved to appoint Frank Vallarelli as an Associate Member of the Board of Appeals, effective to 4/30/07. Motion was seconded by Selectman Rotondi and unanimously voted.
Conservation Commission – Selectman Seibold moved to appoint Robert Tobin, Jr. and Dan Towse to the Conservation Commission, effective to 4/30/09. Motion was seconded by Selectman DePinto and unanimously voted.
Council on Aging – Selectman Kennedy moved to reappoint Dorothy Corkum and appoint Richard Bardet to the Council on Aging for four-year terms, effective to 4/30/10. Motion was seconded and unanimously voted. Selectman Seibold moved to appoint Dorothea Rourke O’Regan to the Council on Aging to fill an unexpired term, effective to 4/30/08. Motion was seconded by Selectman Kennedy and unanimously voted.
Historical Commission – Selectman Rotondi moved to reappoint Marcia Wengen to the Historical Commission, effective to 4/30/09.
Open Space and Recreation Committee – Selectman Seibold moved to reappoint Dennis Visconti to the Open Space and Recreation Committee, effective to 4/30/09. Motion was seconded by Selectman DePinto and unanimously voted.
Town Common Oversight Committee – Selectman Seibold moved to reappoint Elsie Wallace to the Town Common Oversight Committee, effective to 4/30/09. Motion was seconded by Selectman DePinto and unanimously voted.
Water/Sewer Review Board – Selectman Rotondi moved to reappoint Therese DiBlasi as the Finance Board’s designee to the Water/Sewer Review Board, effective to 4/30/2009. Motion was seconded by Selectman Seibold and unanimously voted.
Stoneham Housing Authority/Trash Fee/Continued
Chairman Sweeney said he spoke with Joanne Graves and she will come to the next meeting and give an update.
Establish 4 Committees
Selectman Rotondi read the information that he had prepared for the Board on each of the following four committees.
Stoneham State Relations Committee – Chairman Sweeney summed up that they are looking for 5 citizens, one Selectman, and one School Committee member. Selectman Kennedy suggested having a School Committee and Finance Board member. Selectman
April 25, 2006 – Page (3)
Rotondi asked to modify that to say invite the School Committee and Finance Board to designate a member. Town Counsel Solomon said that they can’t hold another office. He
said that, to the extent that these are advisory committees, it’s not an office. Selectman Rotondi moved to set up the committee. He said to bump it up to 7 voting members and one Selectmen and send a letter to all Boards and Committees. Selectman Rotondi moved to set up the committee, amended to 7 voting members. Motion was seconded by Selectman DePinto and unanimously voted.
Town Operations-Structure Committee
Selectman DePinto moved to approve the committee, seconded by Selectman Seibold. Chairman Sweeney asked how many members. It was decided to have Richard Gregorio as an ex-officio. Selectman Rotondi moved to amend the motion to say one ex-officio member of the Finance Board and the Town Administrator, making it five plus two members. Motion was unanimously voted.
Business Climate Committee
Sharon Iovanni said her only concern is that as a committee appointed by Board of Selectmen it has to be Stoneham residents. Selectman Rotondi suggested that the Board send the Chamber a letter asking if they want a member on the committee. Town Counsel said that provision of the bylaw doesn’t apply to ex-officio members. He said the Town can ask the Chamber to have a member on this committee who would be a member by virtue of being a member of the Chamber. He said they could appoint any member of the business community as a non-voting member. He said those are two ways. He added that it should be an officer of the Chamber. Selectman Rotondi moved to have one officer of the Chamber to be a non-voting member. Motion was seconded and unanimously voted.
Land Use Committee
Selectman Rotondi said if a developer knew what use the Town preferred they would be more likely to come forward with plans for that. It was agreed to change the name to Land and Building Use Committee. Town Counsel suggested dividing the charter in two parts: Town-owned land and non-Town-owned. Selectman Rotondi agreed. Selectman Kennedy suggested inviting the Planning Board to have a member. Selectman Rotondi said no problem. Selectman Kennedy said it should be specifically mentioned to be a member. Selectman Rotondi said if they send a letter, that’s fine. Selectman Kennedy said they are inviting them to participate. Selectman Seibold said the Board said they are sending a letter to everybody. Town Counsel said the Planning Board is concerned about
hearing them when it comes before them. He said to add them to Point #3. Selectman Rotondi agreed, saying it was his mistake not adding them to the coordinating point. Selectman Rotondi moved there will be five members. Motion was seconded. It was agreed there would also be one Selectman. Motion was unanimously voted.
Selectman Rotondi moved to send a letter to all of the Boards telling them that the Board of Selectmen has formed these committees and if they want to send a member the Board of Selectmen would appreciate it. Motion was seconded and unanimously voted.
April 25, 2006 – Page (4)
Approve Proclamation/Arbor Day
It was moved and seconded to approve the Arbor Day Proclamation. Motion was unanimously voted.
Meeting recessed at 8:37 pm.
Meeting reconvened at 8:45 p.m.
21 Manison St/Site Plan Clarification
Atty. Mark Vaughan was present to represent E.B. Rotondi and Sons. Atty. Vaughan said that in June of 2004 his client received site plan approval from the Board to construct a warehouse, office, and garage space. He said one of the uses is Mark’s Auto Body that comprises 800 s.f., less than 5% of the total building area. He said he is seeking clarification that that small auto body component is allowed, pursuant to approval by the Board. Town Counsel said Atty. Vaughan is not seeking an amendment or change. He said Atty. Vaughan believes when the Board approved the garage it included auto body use and he’s asking was that the intent of the Board. Town Counsel offered his opinion that he thinks that is a reasonable interpretation based upon Atty. Vaughan’s presentation
of the definition of auto repair which references garage and the fact that there is not a separate line item for auto body. Town Counsel said if the Board believes that was the intent, then let Atty. Vaughan know now by vote. Atty. Vaughan said perhaps a letter from the Board of Selectmen indicating that the intent of the initial site plan decision was to allow for auto body use as part of the definition of garage. Chairman Sweeney said when they talked about this in the original site plan approval it was his belief that this use was part of that, that there was going to be a garage there. Selectman DePinto moved to have Counsel draft a letter showing the wishes of the Board of Selectmen. Motion was seconded by Selectman Seibold. Selectman Kennedy said his intention was a garage hadn’t excluded auto body shop. He said they never intended to exclude that. Chairman Sweeney said there will be two motions. The first is to authorize
Town Counsel to write the letter. Selectman DePinto said to let his motion stand. Selectman Kennedy seconded it. A roll call vote was taken.
Voting in favor:
Selectman DePinto
Selectman Kennedy
Chairman Sweeney
Motion was unanimously voted (3-0) by the three members voting.
Selectman DePinto said there was a garage and it did not exclude an auto body or an auto repair shop.
Selectman Kennedy then moved to clarify for the Building Inspector that the Board’s motion back in 2004 did not exclude auto body repair. Motion was seconded by Selectman DePinto, and a roll call vote was taken.
Voting in favor:
Selectman Kennedy
Selectman DePinto
Chairman Sweeney
Motion was unanimously voted (3-0) by the three members voting.
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Pay as You Throw Consultant/Town Administrator Florino
Carolyn Dann from the DEP discussed a pay as you throw program. Selectman DePinto moved to have Town Administrator Florino appoint a committee and also put an ad in the paper. Motion was seconded. Chairman Sweeney said Mr. Florino will coordinate to get the
ex-officio side of the committee. Chairman Sweeney volunteered to be the Selectman ex-officio. Motion was unanimously voted.
Liquor Licensing Authority
Selectman DePinto moved to go into Liquor Licensing Authority and return as the Board of Selectmen. Motion was seconded, and a roll call vote was taken.
Voting in favor:
Selectman Rotondi
Selectman Kennedy
Selectman Seibold
Selectman DePinto
Chairman Sweeney
Motion was unanimously voted.
Meeting recessed at 9:37 p.m. to go into Liquor Licensing Authority.
Meeting reconvened at 10:00 p.m.
Lions Club/Request for Plant Sale/53 Pleasant St
Selectman Kennedy moved approval of the Lions Club request for a plant sale on 5/12 and 5/13 at 53 Pleasant Street from 9 a.m. to 5 p.m. Motion was seconded by Selectman Seibold and unanimously voted.
Addendum
Selectman DePinto moved to go to the addendum. Motion was seconded and unanimously voted.
Approve Resolution/State-Owned Land/Selectman Kennedy
Selectman Kennedy moved to sign the resolution from STAR regarding State-owned land, seconded by Selectman DePinto. Motion was unanimously voted.
Approve Following Common Victualler License Renewals
Selectman DePinto moved approval of the following Common Victualler License renewals:
Angelo’s Pizzeria & Ristorante/237-239 Main St
Saugs, Inc d/b/a Cravings/67 Franklin St
Capi Donuts, Inc d/b/a Dunkin Donuts/62A Montvale Ave
Felicia’s of the North End/423 Main St
Kamari, Inc d/b/a Royal Roast Beef Seafood/475 Main St
Tsamakis Pizza, Inc d/b/a Deliworks & Pizzeria/62F Montvale Ave
Cheryl Walsh d/b/a Two Sisters’ Café/8 Central St
Dairy Dome, Inc/474 Main St
April 25, 2006 – Page (6)
Mastoran Restaurants, Inc d/b/a Burger King #624/197 Main St
Friendly’s Ice Cream Corp d/b/a Friendly’s #227/611 Main St
Motion was seconded by Selectman Rotondi and unanimously voted.
Selectman Rotondi moved to adjourn, seconded by Selectman DePinto. Motion was unanimously voted.
Meeting adjourned at 10:13 p.m.
Respectfully submitted,
Muriel Doherty
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