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Board of Selectmen Minutes 12/16/2008
Stoneham Board of Selectmen – Minutes of Meeting of December 16, 2008

Chairman John F. DePinto called the meeting to order at 7:05 p.m.  Also present were Selectmen Richard S. Gregorio, Robert W. Sweeney, Frank Vallarelli, Town Administrator David Ragucci, and Town Counsel William H. Solomon.  Selectman R. Paul Rotondi was unable to be present.

Pledge of Allegiance

95 Maple St Limited Partnership/95 Maple St/Site Plan Hearing

The Notice of Hearing was read.  Atty. Mark Vaughan was present to represent 95 Maple Street Limited Partnership in their petition to allow for the development of a satellite employee parking facility pursuant to Section 4.8.3.2, and to use the two existing buildings for material management and storage purposes, on the property located at 95 Maple Street, Stoneham, MA on land owned by 95 Maple Street Limited Partnership.

Selectman Sweeney said, for the record, that there are only 4 members here.  Chairman DePinto read the following department recommendations:  DPW and Police.  Atty. Vaughan said the shuttle bus drivers are all trained in security, and the building will be alarmed.  He said that during the evening there will be the constant presence of shuttle bus drivers.  Atty. Vaughan agreed with the lighting comment.  He said the employee parking area will not be cordoned off.   Atty. Vaughan agreed with the Board of Health comments.  Selectman Sweeney asked if the shuttle bus will leave Winchester down Washington to Montvale and right onto Maple and go back the same way.  Atty. Vaughan said that is correct.  Chairman DePinto opened the hearing to the public.  

Selectman Sweeney moved approval of the site plan, seconded by Selectman Gregorio.  A roll call vote was taken.
                                                Voting in favor:
                                                                Selectman Gregorio
                                                                Selectman Sweeney
                                                                Selectman Vallarelli
                                                                Chairman DePinto
Motion was unanimously voted (4-0).

Chairman DePinto added two years for completion.  Selectman Sweeney moved approval of the site plan decision letter, seconded by Selectman Vallarelli.  A roll call vote was taken.
                                                Voting in favor:
                                                                Selectman Sweeney
                                                                Selectman Vallarelli
                                                                Selectman Gregorio
                                                                Chairman DePinto
Motion was unanimously voted.

Clear Channel Outdoor, Inc./21 Manison St/Site Plan Hearing

Selectman Gregorio read the Notice of Hearing.  Atty. Charles Houghton was present to represent Clear Channel Outdoor, Inc. in their petition to construct a billboard (14’ x 48’ monopole sign structure, 84’ overall height), with a digital display unit on one or both faces, adjacent to Route 93 at 21 Manison Street, Stoneham, MA, (Assessor’s Map 23, Parcel 93B), on land owned by E.B. Rotondi & Sons, Inc., 21 Manison Street, Stoneham, MA 02180.

Selectman Gregorio read the following department recommendations:  DPW, Police, Board of Health, Fire Department, and Building Inspector.  Town Counsel Solomon said they should reference provisions in the agreement.  1) limit site plan approval to 25-year term; 2) at end of 25-year term, the structure and billboard must be removed unless new State and local agreements are approved;  3) recommend a performance bond that covers not only removal but the requirements in the agreement.  He said all other provisions to be incorporated by reference.  He said $50,000 for first 15 years, increasing by 2 ½% a year for 16-25 years.  Town Counsel said the first payment will be made within five days of receiving approval.  He said to put in the approval that the annual payment will be made on the anniversary date.  Town Counsel referred to Section E, Subsection 2, that Clear Channel will make the billboard available for the Town and non-profits if it is not otherwise displaying a message for Clear Channel customers.  Town Counsel said to put in

                                                                December 16, 2008 – Page (2)

approval that the Board has the right to require it be shut off between midnight and 5:00 a.m. and that the performance bond is to be set in an amount determined by the Planning Board.  

Selectman Sweeney moved approval subject to Town Counsel listing conditions and subject to the impact agreement, with two years for completion.  Motion was seconded by Selectman Vallarelli, and a roll call vote was taken.

                                                Voting in favor:
                                                                Selectman Gregorio
                                                                Selectman Sweeney
                                                                Selectman Vallarelli
                                                                 Chairman DePinto
Motion was unanimously voted (4-0).

Selectman Gregorio moved to authorize the Chairman to sign the letter of approval.  Motion was seconded, and a roll call vote was taken.

                                                Voting in favor:
                                                                Selectman Vallarelli
                                                                Selectman Sweeney
                                                                Selectman Gregorio
                                                                Chairman DePinto
Motion was unanimously voted (4-0).

NStar Electric/Verizon New England/North St/Anchor Guy/Public Hearing/Continued

Ms. McGrath was present to represent NStar relative to the following petition:  

North Street – Northwesterly side, approximately 385 feet southwest of Evans Road
                (P16/52)
                One (1) anchor guy
                WO#1671421                              

Selectman Sweeney asked what the reason was for Fieldstone Drive to be put off.  AnnMarie Walsh from NStar said they need to resolve the Order of Conditions relating to the project.  Selectman Sweeney asked if she could bring the issues back to the Board so they can help resolve them.  Ms. Walsh said she will email them tomorrow.  

Ms Walsh said there were 236 double poles and 5 are ready to be removed.  She said NStar has one to complete.  Town Counsel Solomon said the Board’s idea was to have all the companies come at one time.  Chairman DePinto asked it be put on the second meeting in January.  Ms. Walsh said they all have access to the database and they get an email as needed to transfer wires.  

Approve Following Class I License Renewals

Selectman Sweeney moved approval of the Class I license renewals for Stoneham Motor Co., Inc/185 Main St and Danvers N II, Inc. d/b/a Ira Nissan of Woburn/95 Cedar St.  Motion was seconded by Selectman Gregorio and unanimously voted (4-0).

Approve Following Class II License Renewals

Selectman Sweeney moved approval of the following Class II license renewals:  Act Leasing, Inc/51 Montvale Ave; Cov Motors, Inc/28 Pine St; Edward A. Fedele and Francis X. Fedele d/b/a Fedele Auto Sales/263 Main St; Franklin St Truck & Auto, Inc/41 Franklin St; John Nicholls, Justin A. Rotondi and Sharon M Rotondi d/b/a Rotondi Motors/140 Franklin St; Ronald W. Penkethman d/b/a Pine Street Motors/45 Pine Street.  Motion was seconded by Selectman Rotondi and unanimously voted.




                                                        December 16, 2008 – Page (3)

Addendum:  KM Cleo LLC d/b/a Royal Roast Beef & Seafood/475 Main St/Request for New Common Victualler License

Selectman Sweeney moved to take up the addendum, seconded by Selectman Gregorio.  Motion was unanimously voted (4-0).  Selectman Sweeney moved to approve a New Common Victualler License for KM Cleo LLC d/b/a Royal Roast Beef & Seafood, 475 Main Street, seconded by Selectman Gregorio.  Motion was unanimously voted (4-0).

Miscellaneous Correspondence

Chairman DePinto congratulated Chief Rolli and the Fire Department for the two grants they received.

Chairman DePinto noted correspondence from employees that President Bush gave federal employees the day after Christmas.  Town Administrator Ragucci said if he declares it a holiday he would have to pay for public safety personnel and highway.  He said it is a town-wide issue.  He said if employees wish to take it they will take it as vacation.  He said the building will be closed.  

Selectman Vallarelli noted the letter from the Lottery Commission regarding the C-Store. Town Counsel Solomon said he has a draft letter to the Lottery.  He said he spoke to the General Counsel for the Lottery Commission.  He said the Lottery position is if the Town opposes it they don’t move ahead.

Town Administrator Reports

Mr. Ragucci said he has been contacted as recently as this afternoon by representatives of the Boston Bruins.  He said he would like to have a Selectman, as well as Town Counsel, at these meetings.  Selectman Sweeney said he will do it and Chairman DePinto said he will do it.  They said they will check with Selectman Rotondi to see if he wants to go instead.  
                                                        
Selectman Gregorio moved approval to send the proposed letter to the Lottery Commission.  Motion was seconded and unanimously voted (4-0).

Executive Session

Selectman Gregorio moved to go into executive session, pursuant to Chapter 39, section 23B, for litigation and collective bargaining, and not return as the Board of Selectmen.  Motion was seconded by Selectman Sweeney, and a roll call vote was taken.

                                                Voting in favor:
                                                                Selectman Gregorio
                                                                Selectman Vallarelli
                                                                Selectman Sweeney
                                                                Chairman DePinto
Motion was unanimously voted (4-0).

Meeting adjourned at 8:09 p.m.

                                                        Respectfully submitted,



                                                        Muriel Doherty


 



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