Stoneham Board of Selectmen – Minutes of Meeting of October 10, 2006
Chairman Robert W. Sweeney called the meeting to order at 7:00 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.
Pledge of Allegiance
Bay State Champions/Stoneham Little League/Selectman Seibold
The Stoneham Little League 10 year olds won the Bay State Trophy for 2006. They presented it to the Board of Selectmen for the year. The Board of Selectmen in return presented the boys with T-shirts.
Stephen J. Mazzola, Trustee of Thirteen Gould Street Realty Trust/9-11-13 Gould St/Site Plan Hearing
Selectman DePinto read the Notice of Hearing. Atty. Steven Cicatelli was present to represent Stephen J. Mazzola, Trustee of Thirteen Gould Street Realty Trust in his petition for a two-year extension of the site plan approval of July 13, 2004 which granted approval to remove the existing building and garage and construct a partial two-story commercial building with mixed office use and industrial park use on the property located at 9-11-13 Gould Street, Stoneham, MA on land owned by said Stephen J. Mazzola, Trustee of Thirteen Gould Street Realty Trust, 9-13 Gould Street, Stoneham, MA 02180.
Atty. Cicatelli said they are here requesting an extension, but he said there are some issues that came about recently. He gave the Board a current plan. He said the first question is whether an application for a site plan amendment is required. He said the Building Inspector did a site visit and noticed three items that were different. He said the cedar fence is now white vinyl. He said the garage being constructed at the rear of the building has 4 slightly smaller garage doors instead of two garage doors.
Town Counsel Solomon arrived at 7:21 p.m.
Atty. Cicatelli said he gave a letter to the Building Inspector that Ms. Trant requested a white vinyl fence. He said he eliminated parking spaces along Ms. Trant’s property but parking did not change. He said 23 are required and they are showing 23. He said a Town sewer line runs across the property exactly where the Conservation Commission expects them to place a gas/oil separator. He said they will have to move the structure and will work with the Town Engineer on that. He said he respectfully submits to the Board that a site plan amendment is not required but that is a decision for the Board to make. Chairman Sweeney asked if there are any concerns from the Building Department on these plans. Atty. Cicatelli said that the Building Inspector is leaving it up to the Board
as to whether they feel a site plan amendment is required.
Selectman Seibold read the recommendations contained in the Project Review memo received 10/3/06. Atty. Cicatelli said the garage door in back will not be a garage door, it will be a window. He said because of the grade, they have to do four garage doors instead of two. Chairman Sweeney asked if the opening in the back definitely will be a window. Stephen Mazzola said yes. Building Inspector Cheryl Noble said they brought
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in their as-built. She said they never received a building permit. She said she recommended an amendment. She said she didn’t know if there were two units or four units. Selectman Kennedy asked if there are any other issues, if they waive the amendment requirement. Ms. Noble said no. She added that they would have to approve the extension. Town Counsel Solomon said if the Board members don’t see this as a material change then they would vote not as an amendment but as their judgment. He said the applicant is asking that they inform the Building Inspector that this is not a material change. He said they inform the Building Inspector through a vote that this is not a material change.
Chairman Sweeney opened the Hearing to the public. Robin Frykberg, 10 Gould Street, said it was a two-story building and now it is 5 bays. Paula DiBartolomeo, 7 Gould Street, said they have accommodated her and she would rather look at the building than the dirt pile. She said it is a betterment for the neighborhood.
Selectman Rotondi moved that the Board of Selectmen make the determination that this was not a material change to the original site plan, seconded by Selectman Seibold. Selectman Rotondi added that no amendment is required, seconded by Selectman Seibold. A roll call vote was taken.
Selectman Rotondi
Selectman Kennedy
Selectman Seibold
Selectman DePinto
Chairman Sweeney
Motion was unanimously voted.
Selectman Seibold moved to extend the site plan for two years, seconded by Selectman Kennedy. A roll call vote was taken.
Selectman Rotondi
Selectman Kennedy
Selectman Seibold
Selectman DePinto
Chairman Sweeney
Motion was unanimously voted.
Selectman DePinto moved to take a 5-minute recess. Motion was seconded and unanimously voted.
Meeting recessed at 8:18 p.m.
Meeting reconvened at 8:27 p.m.
Warrant Article Recommendations
Article 1 – Selectman DePinto moved Favorable Recommendation, seconded by Selectman Seibold. Voting was 4-0-1, with Selectman Rotondi abstaining. Motion carried.
Article 2, 3, 4 - Deferred
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Article 5 - Selectman DePinto moved Favorable Recommendation, seconded by Selectman Seibold. Motion was unanimously voted.
Article 6 - Selectman Rotondi moved Favorable Recommendation, seconded by Selectman DePinto. Motion was unanimously voted.
Article 7 - Selectman Rotondi moved to Defer, seconded by Selectman DePinto. Motion was unanimously voted.
Article 8 - Selectman Kennedy moved Favorable Action, seconded by Selectman Seibold. Motion was unanimously voted.
Article 9 - Selectman Seibold moved Favorable Action. Motion was seconded and unanimously voted.
Article 10 - Indefinite Postponement.
Article 11 - Selectman DePinto moved Indefinite Postponement. Motion was seconded and unanimously voted.
Article 12 – Selectman Kennedy moved Favorable Recommendation of the Town Administrator‘s format, seconded by Selectman DePinto. Motion was unanimously voted.
Article 13 - Selectman Kennedy moved to defer. Motion was seconded and unanimously voted.
Article 14 & 15 - Deferred to School Committee.
Article 16 - Selectman DePinto moved approval, seconded by Selectman Kennedy. Motion was unanimously voted.
Article 17 – Selectman Kennedy moved Favorable Recommendation, seconded by Selectman Seibold. Motion was unanimously voted.
Article 18 - Selectman Kennedy moved Favorable Recommendation, seconded by Selectman DePinto. Motion was unanimously voted.
Article 19 - Selectman Kennedy moved Favorable Recommendation, seconded by Selectman DePinto. Motion was unanimously voted.
Meeting recessed at 9:00 p.m.
Meeting reconvened at 9:07 p.m.
Cafua Management Company d/b/a Dunkin’ Donuts/2 Lynn Fells Parkway/Site Plan Hearing
Selectman Kennedy read the Notice of Hearing. Atty. Charles Houghton was present to represent Cafua Management Company d/b/a Dunkin’ Donuts in its petition to demolish the existing gas station and to construct a 1600 square foot Dunkin’ Donuts store in the
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same location as the gas station building. The pumps and canopy in front will remain the same. There will be a drive-through which will be entered from the southerly side of the site and swing around behind the building, exiting on the northerly side of the property located at 2 Lynn Fells Parkway, Stoneham, MA on land owned by 2 Lynn Fells Parkway, LLC, 2 Lynn Fells Parkway, Stoneham, MA 02180.
Atty. Houghton said they propose to eliminate backup with the addition of a center lane on Lynn Fells Parkway. He said they obtained a Special Permit for the drive-through. Selectman DePinto read the department recommendations contained in the Project Review memo received on 10/3/06. Selectman DePinto read the DPW memo dated 3/3/06. Atty. Houghton said the sewer now goes to W. Wyoming Ave. Atty. Houghton said there is an encroachment of the gazebo on their property. Selectman DePinto read the 9/11/06 Board of Health memo. Atty. Houghton read the 9/18/06 Conservation memo. Atty. Houghton said there will be brand new sidewalks.
Chairman Sweeney opened the Hearing to the public. Andrew Celentano, 64 Newcomb Road, said he and others hired Dr. Steve Kaiser and he reviewed the traffic study. Mr. Celentano distributed the results to the Board and read the points in the results. Mr. Celentano recommended a study be done that runs the model for an hour, not two minutes. Miriam Regan-Fiore, Ravine Road, referred to her 10/2/06 letter. She said she is opposed to having the drive-through and also in addition to the gas station. She said she thinks this is creating a hazardous and dangerous situation. Mike Ryan from Melrose, the Executive Director of Friends of the Fells, said widening would require a vote of both houses of the Legislature. Nick Palky, 100 Park Terrace Drive, Unit 155, said there is a traffic
problem. Sharon Burton said she thinks the issue is crossover traffic. She said she is not completely against it but one or the other – the gas station or Dunkin’ Donuts. Paula Hogan, 300 Fellsview Terrace, Unit 304, asked if anyone tried to come out of Fellsview Road in the morning. She said it takes 30 seconds to 5 minutes. She said the kiosk is an eyesore. Chairman Sweeney asked the hours of operation. Atty. Houghton said the Planning Board put a restriction of 6 a.m. to 10 p.m. Chairman Sweeney asked about deliveries. Atty. Houghton said that is a van and the Special Permit stipulated it to come at off-peak hours. Atty. Houghton said he doesn’t know Dr. Kaiser but that he was the expert for the opponents of the hospital. Atty. Houghton said there will be new tanks. He said he respectfully disagrees with Mr. Ryan when he talked about Article 97, but he said they will deal with that at the
DCR. Selectman Kennedy asked if it is an absolute given that the gas station remain. Atty. Houghton said they would need to invite the owner and he will have to make a decision.
Selectman Rotondi moved to approve the site plan, contingent on all conditions outlined in the Special Permit, which includes getting DCR approval. Motion was seconded by Selectman Seibold. Chairman Sweeney added there will be two years for completion and the Board of Selectmen has the right to amend. A roll call vote was taken.
Voting in favor:
Selectman Rotondi
Selectman Seibold
Selectman DePinto
Chairman Sweeney
Opposed:
Selectman Kennedy
October 10, 2006 – Page (5)
Voting was 4-1. Motion carried.
Meeting recessed at 10:40 p.m.
Meeting reconvened at 10:50 p.m.
Appoint Members to Committees
Board of Appeals - Selectman DePinto moved to appoint Mark J. Bell, 17 Oak Street, as an Associate Member of the Board of Appeals through 4/30/07. Motion was seconded and unanimously voted.
Cultural Council – Selectman DePinto moved to appoint Susan K. Doucette, 8 Spring Lane; Kathleen T. Holland, 9 Whittemore Lane; and Melissa Powers, 5 Rhuland Road to the Cultural Council for three-term terms through October 10, 2009. Motion was seconded by Selectman Kennedy and unanimously voted.
Historical Commission – Selectman DePinto moved to appoint Joanne DiMambro to the Historical Commission through 4/30/08, seconded by Selectman Rotondi. Motion was unanimously voted.
Accept Donations
Selectman Kennedy moved to accept donations from Nazareth Academy, Brian Healey, and Paula and Nicholas Stavre for the Recreation Department, seconded by Selectman Seibold. Motion was unanimously voted.
Approve Site Plan Approval Letter/Anthony A. Franchi/Hill St Rear
Selectman DePinto moved approval of the site plan approval letter for Anthony A. Franchi, Hill Street Rear, seconded by Selectman Kennedy. A roll call vote was taken.
Voting in favor:
Selectman Rotondi
Selectman Kennedy
Selectman Seibold
Selectman DePinto
Chairman Sweeney
Motion was unanimously voted.
Approve Site Plan Approval Letter/P. & V. Belesis Realty Trust/491-499 Main St
Selectman DePinto moved approval of the site plan approval letter for 491-499 Main Street. Selectman Kennedy asked Town Administrator Florino what became of the Building Inspector’s review of the 50 seats. Mr. Florino said they may have to come back here, but he said to work off this site plan. Selectman Rotondi moved to accept the letter, seconded by Selectman DePinto. A roll call vote was taken.
Voting in favor:
Selectman Rotondi
Selectman Kennedy
Selectman DePinto
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Chairman Sweeney
Opposed:
Selectman Seibold
Voting was 4-1. Motion carried.
Approve Site Plan Approval Letter/Johnny’s Famous Roast Beef & Pizza, Inc./125 Main St
Selectman DePinto moved approval of the site plan approval letter for Johnny’s Famous Roast Beef & Pizza, Inc., 125 Main Street. Motion was seconded, and a roll call vote was taken.
Voting in favor:
Selectman Rotondi
Selectman Kennedy
Selectman DePinto
Selectman Seibold
Chairman Sweeney
Motion was unanimously voted.
Approve Minutes
Selectman DePinto moved approval of the 9/26/06 executive session minutes and not to release them, seconded by Selectman Seibold. Motion was unanimously voted.
Addendum: Sign State Election Warrant
Selectman DePinto moved to take up the addendum. 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.
Selectman DePinto moved to sign the State Election warrant, seconded by Selectman Kennedy. A roll call vote was taken.
Voting in favor:
Selectman Rotondi
Selectman Kennedy
Selectman Seibold
Selectman DePinto
Chairman Sweeney
Motion was unanimously voted.
Miscellaneous Correspondence
The Board agreed to place the Management Letter on the 10/24/06 agenda and send a letter to the School Committee and the Retirement Board, inviting them.
October 10, 2006 – Page (7)
Town Administrator Reports
Town Administrator Florino distributed a draft of the vehicle policy and asked the Board to read it and make changes.
Executive Session
Selectman DePinto moved to go into executive session and not to return, for the purpose of discussing litigation and contracts, pursuant to Chapter 39, section 23B. Motion was seconded and unanimously voted.
Meeting adjourned at 11:00 p.m.
Respectfully submitted,
Muriel Doherty
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