Stoneham Board of Selectmen – Minutes of Meeting of April 21, 2009
Chairman John F. DePinto called the meeting to order at 7:05 p.m. Also present were Selectmen Richard S. Gregorio, R. Paul Rotondi, Robert W. Sweeney, Frank Vallarelli, Town Administrator David Ragucci, and Town Counsel William H. Solomon.
Pledge of Allegiance
Reorganization
Selectman Vallarelli nominated John DePinto as Chairman, seconded by Selectman Rotondi. Selectman Sweeney moved to close nominations, seconded by Selectman Vallarelli. Voting was 4-0-1, with Chairman DePinto abstaining. Motion carried. Selectman Vallarelli renominated Paul Rotondi as Vice Chairman, seconded by Selectman Sweeney. Selectman Sweeney moved to close nominations, seconded by Selectman Gregorio. Voting was 4-0-1, with Selectman Rotondi abstaining. Motion carried. Selectman Sweeney nominated Frank Vallarelli as Secretary, seconded by Selectman Rotondi. Selectman Gregorio moved to close nominations. Motion was seconded. Voting was 4-0-1, with Selectman Vallarelli abstaining. Motion carried.
Police Recruits Introduction
Chief Bongiorno introduced three new Police Officers – Kenneth Bowditch, Laura Fardy, and Jason Fields.
Annual Appointments
Board of Appeals – Selectman Vallarelli nominated Gerard Cunningham for a three-year term, seconded by Selectman Sweeney. Motion was unanimously voted. Selectman Sweeney nominated Timothy Libby as an Associate Member, seconded by Selectman Rotondi. Motion was unanimously voted.
Conservation Commission – Selectman Sweeney nominated Dan Towse for a three-year term, seconded by Selectman Rotondi. Selectman Sweeney nominated Joseph Domina for a three-year term. Selectman Vallarelli nominated Kevin O’Brien for a two-year term. Selectman Rotondi moved to close the nominations, seconded by Selectman Vallarelli. Motions were unanimously voted.
Council on Aging – Maureen Canova was nominated and seconded for a three-year term. Motion was unanimously voted.
Cultural Council – Selectman Sweeney nominated Lisa Gallagher to a three-year term. Motion was seconded and unanimously voted.
Historical Commission – Selectman Rotondi nominated Marcia Wengen to a three-year term. Motion was seconded. Selectman Sweeney nominated Paul Foley to a three-year term, seconded by Selectman Rotondi. Motions were unanimously voted.
Open Space and Recreation Committee – Selectman Gregorio nominated Dennis Visconti for a three-year term. Motion was seconded and unanimously voted.
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Water and Sewer Review Board – Selectman Rotondi nominated Tracey Butterworth as the Selectmen designee. Motion was seconded and unanimously voted. Selectman Gregorio moved to appoint Therese DiBlasi as the Finance Board’s designee. Motion was seconded and unanimously voted.
Warrant Article Recommendations
Article 4 - Selectman Sweeney moved Favorable Action, seconded by Selectman Rotondi. Motion was unanimously voted.
Article 5,6,7,8 - Tabled to 5/4/ meeting.
Article 9 - Selectman Rotondi moved Favorable Action, seconded by Selectman Sweeney. Motion was unanimously voted.
Article 11 & 12 - Selectman Gregorio moved Favorable Action and not to enter into it unless it is a 50/50 split. Motion was seconded by Selectman Rotondi and unanimously voted.
Article 16 - Motion was made and seconded for Favorable Action. Voting was 4-1, with Selectman Gregorio opposed. Motion carried.
Article 13 - Selectman Sweeney moved Favorable Action, seconded by Selectman Rotondi. Motion was unanimously voted.
Article 17 – Selectman Sweeney moved Favorable Action, seconded by Selectman Vallarelli. Voting was 4-1, with Selectman Gregorio opposed. Motion carried.
Article 18 – Selectman Gregorio moved Favorable Action, seconded by Selectman Sweeney. Motion was unanimously voted.
Article 19 – Selectman Gregorio moved Unfavorable Action, seconded by Selectman Rotondi. Motion was unanimously voted.
Article 20 – Selectman Gregorio moved to transfer from the Stabilization Account to the Capital Stabilization Fund the sum of $500,000. Motion was seconded by Selectman Rotondi and unanimously voted.
Article 21 – Selectman Sweeney moved Favorable Action, seconded by Selectman Gregorio. Motion was unanimously voted.
Article 24 – Selectman Gregorio moved Favorable Action, seconded by Selectman Sweeney. Motion was unanimously voted.
Article 25 – Selectman Gregorio moved Favorable Action, seconded by Selectman Sweeney.
Article 26 – Selectman Rotondi moved to continue this until Town Meeting. Motion was seconded and unanimously voted.
April 21, 2009 – Page (3)
Marek/448 Main St/Site Plan Hearing
Selectman Vallarelli read the advertised Notice of Hearing. Atty. Charles Houghton was present to represent Dana Marek, 12 Keene Street, in his petition to construct a building consisting of 2,501 square feet for retail business and service establishment for motor vehicles, on the property located at 448 Main Street, Stoneham, MA, on land owned by Lily 448 Main Street, LLC, 8 Sarafina’s Way, Wilmington, MA 01887-4554.
Selectman Gregorio read the recommendations from Public Works, Police, Board of Health, and Fire Department. Selectman Rotondi moved approval of the site plan, with two years for completion. Motion was seconded. Chairman DePinto opened the hearing to the public. No one spoke. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Gregorio
Selectman Rotondi
Chairman DePinto
Motion was unanimously voted.
O’Sullivan/485 Main St/Site Plan Hearing
Chairman DePinto read the advertised Notice of Hearing. Atty. Charles Houghton was present to represent Michael J. O’Sullivan in his petition to convert an existing two-family with commercial space on the first floor to a three-family dwelling, on the property located at 485 Main Street, Stoneham, MA, on land owned by Michael J. O’Sullivan, 7 West Street, Wakefield, MA 01880.
Selectman Rotondi read the recommendation from Public Works. Atty. Houghton said he told Mr. Grover they would TV it. Selectman Rotondi read the recommendations from Police and Board of Health. Atty. Houghton agreed. Selectman Rotondi read the Fire Department recommendation. Atty. Houghton said they are dealing with code issues with the Building and Fire Department. He said they resolved them and they need to see a plan. Selectman Gregorio moved approval of the site plan, with two years for completion, seconded by Selectman Sweeney. Chairman DePinto opened the hearing to the public. No one spoke. A roll call vote was taken.
Voting in favor:
Selectman Gregorio
Selectman Rotondi
Selectman Vallarelli
Selectman Sweeney
Chairman DePinto
Motion was unanimously voted.
Melissa’s Main Street Bistro/407 Main St/Site Plan Hearing
Chairman DePinto read the advertised Notice of Hearing. Atty. Charles Houghton was present to represent KroMel’s, LLC in its petition to construct a second floor outside deck to include the addition of fifteen seats, on the building located at 403-407 Main Street, Stoneham, MA, on land owned by Muffin Pan, LLC, 50 Dodge Street, Beverly, MA 01915.Atty. Houghton said there will be a barrier. Selectman Vallarelli asked the hours of
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operation. Ms. Patalano said the hours will be the same as now. Selectman Vallarelli asked if the barrier is for sound, too. Atty. Houghton said yes, it is not just for visibility. Selectman Vallarelli read the recommendations from Police, Board of Health, and Fire. Atty. Houghton agreed. Selectman Gregorio moved approval of the site plan, with two years for approval. Motion was seconded by Selectman Sweeney. Chairman DePinto opened the hearing to the public. No one spoke. A roll call vote was taken.
Voting in favor:
Selectman Rotondi
Selectman Gregorio
Selectman Sweeney
Selectman Vallarelli
Chairman DePinto
Motion was unanimously voted.
Aldrich/18 Gould St/Site Plan Hearing
Chairman DePinto read the advertised Notice of Hearing. Atty. Charles Houghton was present to represent J.L.A.M., LLC, Mark Aldrich, Manager in its petition to amend the site plan approval of 10/20/98 by allowing the use of the existing structure for auto repair on any vehicle, on the property located at 18 Gould Street, Stoneham, MA, on land owned by J.L.A.M., LLC, Mark Aldrich, Manager, 18 Gould Street, Stoneham, MA 02180.
Selectman Gregorio read the recommendations from Public Works, Police, Board of Health, and Fire. Atty. Houghton agreed with them. Selectman Sweeney moved approval of the site plan, seconded by Selectman Rotondi. Chairman DePinto opened the hearing to the public. Dan Trant, 19 Arnold Road, asked if the restrictions from the previous Planning Board approval will hold going forward. Chairman DePinto replied that this didn’t make the requirements go away. Selectman Sweeney asked that Mr. Aldrich be sent a copy of the Planning Board restrictions from 98. Chairman DePinto asked Atty. Houghton to do that. A resident asked about lighting at night and lights staying off their property and also hours of operation. The petitioner said 7:30 to 5:30, Monday through Friday
and no weekends. Mr. Aldrich said the dumpster will stay where it is now. Atty. Houghton said zoning bylaws require lighting can’t be on a house. Paul DiBartolomeo, 7 Gould Street, wanted to make sure there won’t be another business and that it is just for the use of the owner. Atty. Houghton said that right now he can do all the auto repair he wants. Selectman Rotondi said he is not going to rent it out as another business. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Rotondi
Selectman Gregorio
Chairman DePinto
Motion was unanimously voted.
Liquor Licensing Authority
Selectman Sweeney moved to go into Liquor Licensing Authority and return as the Board of Selectmen, seconded by Selectman Gregorio. Motion was unanimously voted.
Meeting recessed at 8:14 p.m. to go into Liquor Licensing Authority.
April 21, 2009 – Page (5)
Meeting reconvened at 8:18 p.m.
Dairy Dome/Site Plan Extension
Atty. Charles Houghton was present to represent Dairy Dome in its request for a site plan extension. He said they would like to redo their site plan from what they have approved now. He said they have to go back through the process of Board of Appeals to this Board. He asked for 6 months. Selectman Rotondi said he is opposed to this. He said the site plan was granted with specific requirements and they haven’t lived up to those. His second point is he is opposed to it because their appointed Board, the Board of Appeals, is against it. He said his third point is the Director of Public Works and the Safety Officer have said it’s an unsafe condition, so he is opposed to granting any extension. Atty. Houghton said he knows the Board of Appeals hasn’t prejudged. He said they are gong to give the Board of Appeals a different plan. He said his client said he made a mistake agreeing to it. He is trying to come up with a better plan. Selectman Sweeney said they had the
subcommittee last week talking about this issue and the traffic consultant was there. He said the consultant said the present situation is not the best. He said the status quo is just as good as what he was presenting. Selectman Sweeney said some are opposed on Middle Street if they do go through with the original plan. He said maybe they will come back with a plan suitable for everyone. Selectman Sweeney said he thinks he should have the opportunity. Selectman Vallarelli said he agrees with Selectman Sweeney. He said he doesn’t think this is not supporting the Board of Appeals. He said it was a lousy plan to begin with that got approved. He said to give the petitioner another six months. He said they are not here to put people out of business. Chairman DePinto said they just extended a site plan for someone for another two years. He said there is no guarantee when they come back that it will get
approved. He said that rather than close a business he thinks they can wait six months for a hearing with a different plan. Selectman Sweeney said the Board of Appeals had nothing to do with the curb cut, and Atty. Houghton said the curb cut on Middle Street was not the petitioner’s idea.
Chairman DePinto opened the hearing to the public. Ellen McBride asked if everyone hasn’t always backed out of Dairy Dome. Atty. Houghton said the back out issue is what they are trying to deal with. Selectman Sweeney moved to extend the site plan approval to 11/10/09, seconded by Selectman Vallarelli. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Gregorio
Chairman DePinto
Opposed:
Selectman Rotondi
Voting was 4-1. Motion carried.
Redstone Site Plan
Selectman Gregorio moved to authorize the Chairman to submit a letter to the owner of Redstone that the Board authorizes this change and to ask the Chair to submit letters to the Board of Appeals and the Planning Board to submit their letters. Chairman DePinto asked Town Counsel to take care of this. Chairman DePinto said they want a letter from the three boards. Motion was seconded by Selectman Rotondi and unanimously voted.
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Approve 21 Manison Street Site Plan Decision Letter
Selectman Sweeney moved approval of the 21 Manison Street site plan decision letter, seconded by Selectman Vallarelli. Motion was unanimously voted.
Approve Minutes
Selectman Sweeney moved approval of the 3/24/09 minutes. Motion was seconded, and voting was 4-0-1, with Selectman Gregorio abstaining. Motion carried.
Miscellaneous Correspondence
Selectman Vallarelli noted the School Building Authority letter and asked Mr. Ragucci for a report for the next meeting. Chairman DePinto noted Verizon’s petition to eliminate the requirement that cable licensees report their total number of subscribers. Town Counsel Solomon said he is going to send a letter opposing that.
Town Administrator Reports
Town Administrator Ragucci said Clear Channel submitted a check for $50,000 to the Town as the first payment. They also will provide the Town with free advertising space. Mr. Ragucci suggested “Stoneham – Great place to live – Home of Unicorn Arena and Golf Course – Home of Stoneham Theatre and Stone Zoo” He said they could highlight things that make Stoneham much different than any other community. Chairman DePinto added “Whip Hill”.
Town Administrator Ragucci said they are meeting with Woburn and Winchester regarding the bikepath. He said Winchester has made some changes so they need to put the 25% design hearing off to the fall.
Mr. Ragucci said the dehumidifier at the Arena requires repairs estimated at $21,000.
Executive Session
Selectman Rotondi moved to go into executive session, pursuant to Chapter 39, section 23B, for contract negotiations, litigation, and property and not to return as the Board of Selectmen, seconded by Selectman Gregorio. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Gregorio
Selectman Rotondi
Chairman DePinto
Motion was unanimously voted.
Meeting adjourned at 8:49 p.m.
Respectfully submitted,
Muriel Doherty
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