Stoneham Board of Selectmen – Minutes of Meeting of September 8, 2009
Chairman John F. DePinto called the meeting to order at 7:02 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 Gregorio moved approval of the 8/25/09 minutes, seconded by Selectman Rotondi. Motion was unanimously voted. Selectman Gregorio moved approval of the 8/25/09 executive session minutes and not to release. Motion was unanimously voted.
Action Ambulance/Donation of Arena Defibrillator/Board of Health
Peg Drummey, Board of Health Nurse, presented, on behalf of Action Ambulance and the Board of Health, an automated external defibrillator to Lou Chiulli, Arena Manager, for the Arena. Board of Health Chairman Dan Doherty said they also secured one at the Senior Center. He said they will try to place as many as possible in public spaces.
Class of 1982/Buckley Memorial/Kristin Oneschuk
Kristin Oneschuk of the Class of 1982 Beautification Fund distributed photos of Buckley Memorial Park and a rendering of the proposed site. She said she met with William Buckley’s sisters, Joyce Wing and Maureen Marrone, and long-time friend Beverly Surette. She noted that William Buckley was a member of SHS Class of 1947. He was the CIA Station Chief in Beirut. He was captured in 1984 and died in captivity, by torture, in 1985. She said they will do new benches and trash barrels and elevate the monument to make it more prominent. She said they will place a flat piece under it and etch his photo into it. There will be new shrubbery and a game table, with a chess board etched into it. They will etch “Buckley Memorial Park” into each side of the wall. She asked for permission to do the enhancements. She said they can come back and be more specific. Selectman Rotondi moved to approve the plan as set forward and for the Class to do this endeavor, seconded by Selectman
Sweeney. Selectman Gregorio added that he would like them to come back with the final plan. Motion was unanimously voted.
Dairy Dome/472 Main St/Site Plan Discussion
Atty. Houghton was present to represent Thomas Mayo and Diane Mayo d/b/a Dairy Dome. Atty. Houghton said in 2007 a site plan application was filed to expand to Italian take-out. He said it was still a restaurant. He said the Building Inspector determined that was a change. It required a site plan. He said at the Site Plan Review, it was determined they needed to go to the Board of Appeals for the freezer. He said the Board of Appeals said parking was to be realigned so they wouldn’t be backing out. He said that, at the time, his client agreed. After further review, his client decided it wasn’t the best safety and business decision. He gave the Board the Greenman-Pederson report. Jason Plourde of GPI said he observed customers able to back out on the
site and the sidewalk without having to go onto Main Street. He said with the southern driveway closed and a new driveway off Middle Street cars would be required to back out onto Middle Street if they came in that way and others would have to back out onto Main Street. He said there is no intersecting between pedestrians and cars. He said with the approved plan there would
September 8, 2009 – Page (2)
be. He said the existing layout is no worse than the approved plan. He said there have been no reported accidents. Selectman Sweeney asked if the approved plan really doesn’t improve the traffic situation. Mr. Plourde said it would create more requirements for people to have to back out not just to Main Street but to Middle Street. Selectman Sweeney asked him who picked his company to do the study. Mr. Plourde said he worked with Mr. Mayo and Atty. Houghton. Selectman Sweeney asked if Town Counsel had any input. Town Counsel said he did. Atty. Houghton said they ran into a Department Review before they started, which he said was unusual, and they designed to that. Selectman Rotondi asked Bob Grover if he reviewed this plan yet. Mr. Grover said he hadn’t seen the report. He said the Town’s concern was to stop cars backing onto Main Street. He said it was suggested, and the petitioner came back with that plan. He said he is not a traffic engineer. Selectman Vallarelli
said by moving spaces back three feet more they have enough room to pull out onto Main Street frontward. He said he never had to back out onto Main Street from Dairy Dome. Selectman Rotondi said they are being asked to make a significant change in a site plan that this Board and everyone else reviewed and that went through the proper course for a site plan. He said he doesn’t believe it should be discussed until another plan is submitted and they have a site plan that is advertised and department heads review. Chairman DePinto said the site plan, as approved, has not been finished yet. He asked Town Counsel what the procedure is. Town Counsel said if there is a material change in a site plan then they would advertise that and have a hearing. He said the question is whether it is material. Selectman Gregorio said that is strictly judgmental. Chairman DePinto asked what affect it has on other boards. Town Counsel said
none. He said they would still have a Board of Appeals decision to change parking. He said the applicant would either do it or go to the Board of Appeals, or the Board of Appeals could decide not to pursue it. Jim Juliano, Board of Appeals Chairman, said the Board of Appeals decision would stand and always stand. He said this Board can do what it wants but it doesn’t preclude that the Board of Appeals took a binding vote and Land Court is the only one who can change it. Town Counsel said he doesn’t believe the Board of Appeals is precluded from amending their decision as long as they go through the full process. Selectman Sweeney said that from day one there was a question of whether a site plan was needed. He said he could see their concern if it were a new business with new construction but this is an existing business. He said that, after hearing the traffic study that any modification won’t make it better, he
doesn’t think it’s that much of a material change to put the applicant through the process again. Selectman Sweeney said a subcommittee has been meeting and there was a proposal for the petitioner to agree to put bollards across the whole front of Dairy Dome. Selectman Sweeney said there are 7 bollards there now, and they would need 8 more to go to the left of them. BOA Chairman Juliano said they had many meetings. He said the Chairman and Town Counsel attended one. He said there were negotiations regarding bollards. He also said he respectfully disagrees with Town Counsel, the Board can’t change their vote. Chairman DePinto said the Town is on record that it is designed that way because it is unsafe to back out on the sidewalk. He asked if the Town has a liability if they do nothing. Town Counsel said if the Board makes a decision to allow backing out to continue he doesn’t believe it would expose the
Town to liability. He said if the Town didn’t change the site plan and didn’t enforce it, that raises the possibility. Chairman DePinto said he thinks what Selectman Sweeney is suggesting takes the Town off the hook. Selectman Vallarelli asked where that leaves the Board of Appeals decision. Atty. Houghton said they are taking it one step at a time. Selectman Rotondi said the Board said he ought to do it and he agreed to it. He said the process says he
September 8, 2009 – Page (3)
ought to have another site plan hearing. Selectman Rotondi said the Board is shortcutting the system and he doesn’t think it is right. George Seibold, 1 Tom’s Way, said Mr. Mayo has been a business owner for 30 years. He said he hopes the Board can work with the business owner in these tough times. Selectman Sweeney said it is basically keeping the parking situation as is. Selectman Rotondi said the Town Engineer hasn’t looked at it. He said they are making a significant change. He said to have a site plan hearing. Board of Appeals member Gerard Cunningham said if they can override the decision and put the bollards in, then let it be. A woman said she has been a direct abutter for 23 years. She said it is much safer the way it is. She said she
never had to back out onto Main Street. Frank Silvestri, 3-4 Middle Street, said there are a lot of families on Middle Street and backing out onto Middle Street will create a lot of problems.
Selectman Sweeney moved to amend the site plan that they approved and have a new proposal of bollards going across and leave the parking lot as is, and also close the ice cream in the month of December. Chairman DePinto suggested they come back on 11/10 with the plan. Selectman Sweeney said they have abutters saying to leave it alone and Town Counsel is saying the Town is not liable. Selectman Sweeney added that they be permanent bollards. Chairman DePinto asked that they have something in writing. Selectman Gregorio suggested that they accept Selectman Sweeney’s proposal predicated on the approval of Bob Grover and the Police Chief. Selectman Rotondi said the Board approved the plan and gave them a year and they did nothing. He said the Board gave them an extension.
Selectman Sweeney said one of the conditions of the extension was the traffic study. Selectman Gregorio moved to amend the motion so that it is subject to the approval of DPW and the Police Chief, seconded by Selectman Sweeney. Chairman DePinto said he agreed with that. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Gregorio
Chairman DePinto
Opposed:
Selectman Rotondi
Voting on the amendment was 4-1. Motion carried.
Selectman Sweeney clarified his motion that there will be no driveway onto Middle Street. A roll call vote was taken.
Voting in favor:
Selectman Gregorio
Selectman Vallarelli
Selectman Sweeney
Chairman DePinto
Opposed:
Selectman Rotondi
Voting on the amended motion was 4-1. Motion carried.
Meeting recessed at 8:25 p.m.
Meeting reconvened at 8:35 p.m.
September 8, 2009 – Page (4)
Julianne Stoughton, MD/19-21 Montvale Ave/Site Plan Hearing
Selectman Vallarelli read the Notice of Hearing that was published in the Stoneham Independent on 8/19 and 8/26/09. Atty. Houghton was present to represent Julianne Stoughton, M.D. in her petition to convert the two-family dwelling to medical office use and to add a 200 square foot addition to the building and to add parking for a doctor’s office on the property located at 19-21 Montvale Avenue, Stoneham, MA, on land owned by William J. Gavin, III and Helen Ann McDonough, 23 Alfred Street, Woburn, MA 01801. Selectman Vallarelli read the following department recommendations: Town Engineer dated 8/21/09, Police Safety Officer dated 8/26/09, Board of Health dated 8/27/09, Fire Chief dated 8/24/09, Inspectional Services received 9/2/09. Atty. Houghton agreed with them. Chairman DePinto
opened the hearing to the public. Rocco Corapi, 135 Marble Street, said the wall should go all the way from front to back, because of the water. Atty. Houghton said they could continue a low wall and put a little well around the tree.
Chairman DePinto left the meeting.
The resident at 15-17 Montvale said the sidewalk is dangerous. Selectman Sweeney said he will send the DPW Director down there. Selectman Sweeney added that if the wall doesn’t address drainage then the petitioner can address it.
Chairman DePinto returned to the meeting at 8:49 p.m.
Selectman Rotondi moved to accept the site plan with the condition that the Board of Appeals get’s done and they take care of the drainage and two years for completion. Motion was seconded by Selectman Vallarelli. Chairman DePinto said he has been to Dr. Stoughton but he has no financial interest. A roll call vote was taken.
Voting in favor:
Selectman Gregorio
Selectman Rotondi
Selectman Vallarelli
Selectman Sweeney
Chairman DePinto
Motion was unanimously voted.
Michael J. O’Sullivan, Trustee of Buckingham Realty Trust/489 Main St/Site Plan Hearing
Selectman Rotondi read the Notice of Hearing that was published in the Stoneham Independent on 8/19 and 8/26/09. Atty. Houghton was present to represent Michael J. O’Sullivan, Trustee of Buckingham Realty Trust, in his petition to change the use of the second floor from office use to residential use, on the property located at 489 Main Street, Stoneham, MA, on land owned by said Michael J. O’Sullivan, Trustee of Buckingham Realty Trust, 7 West Street, Wakefield, MA 01880.
Atty. Houghton said they obtained a variance and they obtained approval for a circular driveway. Selectman Vallarelli asked if Taste of Siam Restaurant parks there. Selectman Rotondi asked if he has an agreement with Taste of Siam. Atty. Houghton said he
September 8, 2009 – Page (5)
doesn’t know. He said he had one with Georgie D’s. He said he obtained a variance to add another space in back but they said they didn’t want him to do the circular driveway. His client doesn’t need the variance. He wanted the driveway. Chairman DePinto opened the hearing to the public. Selectman Rotondi read the following department recommendations: Public Works Department dated 8/20/09, Police Department dated 8/26/09, Board of Health dated 8/27/09, Fire Department dated 8/24/09, Inspectional Services received 9/2/09. Atty. Houghton agreed with them. Selectman Rotondi moved approval of the site plan, with two years for completion, seconded by Selectman Vallarelli. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Gregorio
Selectman Rotondi
Chairman DePinto
Motion was unanimously voted.
E.B. Rotondi & Sons, Inc/21 Manison St/Site Plan Hearing/Continued
Selectman Sweeney moved to continue this hearing to 10/6/09 at 7:01 p.m., as requested in Atty. Vaughan’s letter. Motion was seconded by Selectman Gregorio, and a roll cal vote was taken.
Voting in favor:
Selectman Gregorio
Selectman Vallarelli
Selectman Sweeney
Chairman DePinto
Abstaining:
Selectman Rotondi
Voting was 4-0-1. Motion carried.
Approve Entertainment License Renewal/Stoneham Theatre/395 Main St
Selectman Sweeney moved approval of the Entertainment License renewal for Stoneham Theatre, seconded by Selectman Gregorio. Motion was unanimously voted.
Approve 276-278 Main St Decision Letter
Selectman Rotondi moved approval of the proposed site plan decision letter for 276-278 Main Street, seconded by Selectman Gregorio. A roll call vote was taken.
Voting in favor:
Selectman Gregorio
Selectman Rotondi
Selectman Sweeney
Selectman Vallarelli
Chairman DePinto
Motion was unanimously voted.
September 8, 2009 – Page (6)
Miscellaneous Correspondence
Selectman Rotondi moved approval of the Block Party on Pine Street, seconded by Selectman Gregorio. Motion was unanimously voted.
Selectman Vallarelli moved approval of the Block Party on Parkway Road, seconded by Selectman Sweeney. Motion was unanimously voted.
Selectman Gregorio asked if the Board would accept an article from the Capital Committee without signatures. The Board agreed.
Town Administrator Reports
Town Administrator Ragucci said he is meeting with surrounding communities regarding the bikepath. He said they are waiting for signatures from the T. Mr. Ragucci also said there is a chance of assisted living going in the Sullivan Circle property. He said a company will do a feasibility study for a solar array. He asked the Selectmen to reach out to the residents. Chairman DePinto placed it on the 10/6 agenda.
Selectman Gregorio moved to go into executive session, pursuant to Chapter 39, section 23B, seconded by Selectman Sweeney. Motion was unanimously voted.
Meeting adjourned at 9:18 p.m.
Respectfully submitted,
Muriel Doherty
| 
