Stoneham Board of Selectmen – Minutes of Meeting of July 28, 2009
Chairman John F. DePinto called the meeting to order at 7:00 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
Approve Minutes
Selectman Sweeney moved approval of the 6/30/09 minutes, seconded by Selectman Gregorio. Motion was unanimously voted.
Board of Health Vacancy Appointment
Chairman DePinto read the 6/25/09 letter from Daniel Doherty, Chairman of the Board of Health, requesting a joint meeting to appoint the Board of Health vacancy. Town Counsel Solomon said the Judge said there was a Failure to Elect under 41-1. Chairman Doherty of the Board of Health opened the Board of Health meeting. Christine Carino, Vice Chairman, was also present. Charles Smith, 132 Park Street, said 484 people voted for Mr. Sacco and 483 peopled voted for Mr. Scullin. He said the people have spoken. Selectman Vallarelli said he thinks the Judge made an error sending it back to the Board of Selectmen. He said there should have been a Special Election in September. Mr. Smith asked them to consider the 484 people. Selectman Sweeney nominated E. Paul Sacco, seconded
by Selectman Vallarelli. Selectman Vallarelli nominated John Scullin, seconded by Selectman Rotondi. Selectman Sweeney moved to close the nominations, seconded by Selectman Gregorio. Motion was unanimously voted. Voting was as follows:
Selectman Gregorio - John Scullin
Selectman Rotondi - John Scullin
Chairman Doherty - John Scullin
Vice Chairman Carino - John Scullin
Selectman Sweeney - John Scullin
Selectman Vallarelli - Paul Sacco
Chairman DePinto - John Scullin
Voting was 6-1 to appoint John Scullin to the Board of Health.
DPW/Potholes
DPW Director Robert Grover was present and spoke about repairing potholes. He said the overall problem is the lack of money the Town is putting into road repair. Chairman DePinto asked about the letter concerning sidewalk repair. Mr. Grover said he called her. He said the sidewalk will be safe for walking.
E.B. Rotondi & Sons, Inc/21 Manison St/Site Plan Hearing
Selectman Rotondi said he would like to recuse himself from this hearing. He said that, under the strict interpretation of the Ethics Commission, he could vote on this because the applicant is a second cousin and he has no financial interest, but for reason of perception he will recuse himself from this hearing.
Selectman Rotondi left the meeting at 7:21 p.m.
July 28, 2009 – Page (2)
Selectman Vallarelli read the Notice of Hearing that was published on 7/8 and 7/15/09. Atty. Mark Vaughan was present to represent E.B. Rotondi & Sons in their petition to construct an approximately 54,850 square foot specialized fitness training facility, together with associated parking, landscaping and site drainage improvements, on the property located at 21 Manison Street, Stoneham, MA on land owned by E.B. Rotondi & Sons, Inc., 21 Manison Street, Stoneham, MA.
Atty. Vaughan said they have received approval from the Board of Appeals. He said they also require a Special Permit from the Planning Board. He said they hope to wrap that up in a few weeks. He said it probably would make sense to keep the hearing open until they do. Selectman Sweeney read the following department recommendations:
Public Works – Dated 7/20/09 – Atty. Vaughan agreed.
Police Department – 7/16/09
Board of Health – Atty. Vaughan said to the extent their jurisdiction applies.
Building Inspector – 7/21/09
Chairman DePinto opened the hearing to the public.
Selectman Sweeney moved to continue to 8/25/09 at 7:40 p.m., seconded by Selectman Vallarelli. A roll call vote was taken.
Voting in favor:
Selectman Gregorio
Selectman Vallarelli
Selectman Sweeney
Chairman DePinto
Motion was unanimously voted (4-0).
Selectman Rotondi returned to the meeting at 7:35 p.m.
Brian E. Austin, Trustee of 158-170 Central Street Realty Trust d/b/a Austin Service & Sales/158-170 Central St/Site Plan Hearing
Selectman Gregorio read the Notice of Hearing that was published on 7/8 and 7/15/09. Atty. Houghton was present to represent Brian E. Austin, Trustee of 158-170 Central Street Realty Trust d/b/a Austin Service & Sales to finish a 1 ½ story addition to the building at 158 Central Street, making the building 2 ½ stories for office and parts warehouse use and associated parking totaling fourteen (14) spaces and to extend the use to include attic area for business, located at 158 and 170 Central Street, Stoneham, Massachusetts, on land owned by Brian E. Austin, Trustee of 158-170 Central Street Realty Trust.
Selectman Vallarelli read the following department recommendations:
Public Works – Dated 7/8/09 and 2/26/04
Fire Chief – Dated 6/18/09
Police Chief – Dated 6/25/09 – Atty. Houghton noted they are not adding housing so they are not doing additional off-street parking for additional living space.
Board of Health – Dated 7/16/09 – Atty. Houghton said they are standard comments and they will adhere to them.
Building Inspector – Dated 7/21/09
Selectman Vallarelli asked about parking. Atty. Houghton said 10 go to this building and four go to the two-family. He said there are 15 and that one is inside the building in the garage space.
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Chairman DePinto opened the hearing to the public. Selectman Sweeney moved approval of the site plan, with two years for completion, seconded by Selectman Gregorio. Jim Haslam, 177 Central Street, said they questioned why he needs the additional office space on the third floor, when he was going to use it on the second floor. He said the fear is he might try to convert the second floor to residential when he has office space on the 3rd floor. He said he has no problem with the approved plan, but he and his neighbors have issues with the revisions. He said they have issues with parking in the winter. Another abutter said when it was approved it was presented to the neighbors as a one-story, then it became a three-story building. She said they asked for one thing and
built another. Lucille Dunn, 153 Central Street, gave the Board photos of the building. Mr. Haslam said the Police and DPW agreed to put up “No Parking” signs in the original approval, from property line to property line. He said it never happened. Atty. Houghton said 45 feet in height is allowed, and this is considerably less. Selectman Sweeney asked if the building were built as the plans were presented to the Board. Atty. Houghton said exactly but they are asking to change. Selectman Sweeney asked if there is no residence there now and never has been. Atty. Houghton said yes. Selectman Sweeney asked if there are any problems in the neighborhood with business parking. An abutter said they park on the sidewalk sometimes. Selectman Sweeney asked Town Administrator Ragucci that the signs be up this week. Dennis Surette, 175 Central Street, said he would vote for the original plan. He said if
there is office space he might rent it out to another company. He said, as for parking, the whole back is full of dumpsters. He said if he gets busy there is constant parking on the street. He said there is a school up the street and there is children’s traffic. He asked they approve the plan as originally approved with no rental on the third floor. He said it was promoted as a two-story, but it is really a three-story. Atty. Houghton said he could not rent it out. He said it would require an elevator. He said it doesn’t make economic sense. Chairman DePinto asked if the dumpster is permanent. Mr. Austin said he has a dumpster there for metal only, for two or three weeks, and he has a smaller permanent dumpster. He said the dumpster is ready to go. Selectman Vallarelli asked what recourse they have if he decides to rent it out as an office. Atty. Houghton said call the Building Inspector.
Selectman Vallarelli told the abutters if they see that happening they should call the Building Inspector. Selectman Sweeney said they will have “No Parking” signs this week. An abutter said they will park on the residential side of the street. The resident of 154 Central Street said the parking lot is between Austin and her house. She said if there is no parking then it seems like everyone will park in front of her house. The Board added there will be two years for completion. A roll call vote was taken.
Voting in favor:
Selectman Gregorio
Selectman Rotondi
Selectman Sweeney
Selectman Vallarelli
Chairman DePinto
Motion was unanimously voted.
Stoneham Little League/12 Beacon Street/Site Plan Hearing
Selectman Rotondi read the Notice of Hearing published on 7/8 and 7/15/09. Paul Garozzo, Vice President of Little League, was present relative to the petition of Ray Mooney, President, Stoneham Little League, P.O. Box 80312, Stoneham, MA, to place an 8’ x 20’ concession container, 8.6’ tall, at the entrance of the fields behind the East
July 28, 2009 – Page (4)
School, on the grass side of the fence, on the property located at 12 Beacon Street, Stoneham, MA on land owned by Town of Stoneham, 35 Central Street, Stoneham, MA.
Mr. Garozzo said they got Planning Board approval. He said they currently have the container at the field. He said they have a temporary permit from Cheryl Noble and a temporary permit from Bob Bracey for a tabletop stand. Selectman Rotondi asked if they have School approval. Selectman Rotondi said the Board of Health has disapproved this plan. Mr. Garozzo said Bob Bracey wants certain things to be done. Mr. Garozzo said he told Cheryl Noble it would not be a concession stand until they are done. Chairman DePinto read the following department recommendations:
Public Works – Dated 7/8/09
Fire Department – Dated 7/7/09
Police Chief – Dated 7/20/09 – Atty. Houghton agreed.
Building Department – Dated 7/21/09
Selectman Rotondi said there should be official approval from the Schools. Selectman Vallarelli moved approval of the site plan subject to Little League getting a letter from the School Committee authorizing it and subject to Little League continuing to work with Mr. Bracey to work out issues. Chairman DePinto opened the hearing to the public. The resident at 3 Hamill Court said he is all for it. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Gregorio
Selectman Rotondi
Chairman DePinto
Motion was unanimously voted (5-0).
Addendum
Selectman Rotondi moved to go to the addendum. Motion was seconded and unanimously voted.
Approve Common Victualler License Renewals
Selectman Vallarelli moved approval of the following Common Victualler License renewals:
The Daily Scoop/232 Main St
Dairy Dome, Inc. d/b/a Dairy Dome/474 Main St
Sunnyhurst Donuts, Inc d/b/a Dunkin Donuts/196 Main St
Park Drive Subway, LLC d/b/a Subway/200B Main St
Byron Arbizu d/b/a Three Amigos/125 Main St
Motion was seconded by Selectman Rotondi and unanimously voted.
July 28, 2009 – Page (5)
Approve Entertainment License Renewal/Georgie D’s Enterprises, Inc d/b/a Georgie D’s/125 Main St
Selectman Sweeney moved approval of the Entertainment License renewal for Georgie D’s Enterprises, Inc. d/b/a Georgie D’s, 125 Main St, seconded by Selectman Vallarelli. Motion was unanimously voted.
Approve Three Automatic Amusement Machine License Renewals/Improved Order of Redmen Wamscott Tribe #39/11 Franklin St
Selectman Rotondi moved approval of three Automatic Amusement Machine License renewals for Improved Order of Redmen Wamscott Tribe #39, 11 Franklin St, seconded by Selectman Sweeney. Motion was unanimously voted.
Miscellaneous Correspondence
Town Counsel Solomon said they got the final payment from B & M Railroad. He said the settlement was $180,000 for contamination. He said they got an extra $3,000 on the last two payments. They received $31,500 for the final payment. They received $309,000 from the State and $180,000 from the B & M.
He said they received $13,040 from T-Mobile to reimburse the Town for hiring of consultants.
Town Counsel said the Board wants to thank Rep. Lewis who testified at the hearing on the Verizon cable bill and Rep. Dwyer who expressed opposition, and the Access folks, including Ms. Palmerino. He suggested a letter to them thanking them for their opposition. Selectman Rotondi noted the letter from the citizen about Verizon. Town Counsel said he will follow up on it. Chairman DePinto asked that letters be sent thanking them.
Selectman Gregorio noted the letter about closing Greenwood Station. He moved to draft a letter from Chairman DePinto to the B & M. Motion was seconded by Selectman Sweeney and unanimously voted. It will also be copied to the Wakefield Selectmen.
Selectman Gregorio noted the letter about the Board of Health and pool issues. Town Administrator Ragucci said he believes it has been taken care of.
Town Administrator Reports
Town Administrator Ragucci said they need to adjust FY10 revenue by $140,000. He said their FY10 problem is about $1.2 million. He said they can make up portions of that revenue shortfall, but it still leaves them short by about $450,000. He asked that the Board consider looking at free cash and use some of it to offset the revenue shortfall. He said FY09 closed and had $900,000 not spent. Selectman Rotondi said they should put pro forma FY10 budget on the next agenda.
Town Administrator Ragucci said Michelle Meagher came up with the suggestion of billing once with 4 stubs. He said he would look at billing with two stubs attached each time. He said they would save $4,000 in postage alone. The Board agreed. Selectman
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Rotondi moved to send Michelle a letter thanking her for her idea and encouraging the fact that the Board looks for employees to look for ways to save money for the Town. Motion was seconded by Selectman Sweeney and unanimously voted.
At Mr. Ragucci’s request, Selectman Rotondi moved to ask for a study on a driving range, seconded by Selectman Gregorio. Motion was unanimously voted.
Executive Session
Selectman Sweeney moved to go into executive session and not to return as the Board of Selectmen, pursuant to Chapter 39, section 23B. Motion was seconded, and 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 8:46 p.m.
Respectfully submitted,
Muriel Doherty
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