Stoneham Board of Selectmen – Minutes of Meeting of October 6, 2009
Chairman John F. DePinto called the meeting to order at 7:03 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
E.B. Rotondi & Sons, Inc/21 Manison St/ Site Plan Hearing/Continued
Selectman Rotondi recused himself from this hearing. He said he could legally stay here and that the applicant is a cousin of his. He said he feels it is in the best interest to avoid any appearance of conflict of interest.
Selectman Rotondi left the room at 7:05 p.m.
Atty. Mark Vaughan was present to represent E.B. Rotondi & Sons, Inc. in its 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 concluded the Special Permit process with the Planning Board. He said the building footprint will remain the same. The first floor will have the Boyle Strength and Conditioning on the left side and a micro ice facility on the right side. He said the second floor was to be indoor soccer, but it was decided to eliminate that component. They reduced the building from 54,500 s.f. to 35,500 s.f. He said they originally got a variance from the Board of Appeals for parking. He said now they have more than what the code requires. He said they added a sidewalk and vertical granite curbing and widened the driveway from 22 to 24 feet. He said the tax revenue is likely $50-60,000. Selectman Vallarelli read the following department recommendations:
Town Engineer, Fire Chief, Police Chief, and Board of Health. Selectman Vallarelli asked if there will be any fencing along the Railroad Right-of-Way. Atty. Vaughan said there will be a retaining wall. Selectman Sweeney moved approval, seconded by Selectman Gregorio, who added that there be two years for completion. Chairman DePinto opened the hearing to the public. No one spoke. A roll call vote was taken.
Voting in favor:
Selectman Gregorio
Selectman Sweeney
Selectman Vallarelli
Chairman DePinto
Motion was unanimously voted (4-0).
Liquor Licensing Authority
Selectman Gregorio moved to go into Liquor Licensing Authority and return as the Board of Selectmen, seconded by Selectman Vallarelli. Motion was unanimously voted (4-0).
Selectman Rotondi returned to the meeting at 7:20.
Meeting recessed to go into Liquor Licensing Authority at 7:20 p.m.
Meeting reconvened at 7:26 p.m.
October 6, 2009 – Page (2)
Chamber of Commerce/Town Day Gift/Sharon Iovanni
Sharon Iovanni presented the Board with a check for $1,000. She said it has been the practice to present an amount to help out with the cost of Town Day. She said it doesn’t begin to address the costs, but it’s something. Selectman Sweeney moved to accept the donation, with a letter of thanks. Motion was seconded and unanimously voted.
Approve Minutes
Selectman Sweeney moved approval of the 9/15/09 minutes, seconded by Selectman Gregorio. Motion was unanimously voted. Selectman Sweeney moved approval of the 9/15/09 executive session minutes and not to release them, seconded by Selectman Rotondi. Motion was unanimously voted.
Miscellaneous Correspondence
Selectman Rotondi said the Police Chief’s Executive Assistant Carla Gambardella saved the Town money by reviewing electric bills and finding they weren’t being billed the right rate and got a $3,000 savings to the Town. She also looked at bills coming from suppliers and found they weren’t getting the tax-exempt status, and she corrected that. Selectman Rotondi moved to send a letter thanking her for saving this money, seconded by Selectman Sweeney. Motion was unanimously voted. Selectman Vallarelli said the guys in the Fire Department have been doing a lot of painting and they installed hardwood floors. Selectman Vallarelli moved to send them a letter, seconded by Selectman Sweeney. Motion was unanimously voted.
Capital Committee/Selectman Gregorio
Selectman Gregorio said two department heads submitted their own articles. He said he may recommend putting them in one article. He listed the following capital projects: Senior Center air conditioning, bus for Senior Center, two marked Police vehicles, $300,000 for Spring Street drainage third phase, upgrade the fire alarm system at the Fire Station to digital, replace the front windows at the library and the center door at the Arena, for $535,000 for the municipal side and $100,000 for a feasibility study for the Middle School. He said that is the current recommendation.
Sullivan Circle Property/Discussion
Town Administrator Ragucci said this property is currently being used as snow storage and street sweeping storage. He said it takes away from the neighborhood. He said he would like to see if they could do something else with the land. He said the contamination isn’t that bad. DEP wants additional sampling at a cost of $3,500. He said only a handful of uses would be allowed – solar array, assisted living facility, or greenhouse. He said residential use wouldn’t be permitted. He said he would like to get the neighbors in and see what they want. Selectman Rotondi said before they have a public hearing they should know what could go there. Selectman Vallarelli said he spoke to neighbors. He said they would like an assisted living facility as
opposed to solar panels or wind farm.
October 5, 2009 – Page (3)
Approve Site Plan Decision Letter/472 Main Street
Selectman Sweeney moved approval of the proposed site plan decision letter for 472 Main Street, seconded by Selectman Gregorio. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Gregorio
Chairman DePinto
Abstaining:
Selectman Rotondi
Voting was 4-0-1. Motion carried.
Meeting recessed at 7:56 p.m.
Meeting reconvened at 8:06 p.m.
Selectman Sweeney moved to move Item 10 up one, seconded by Selectman Rotondi. Motion was unanimously voted.
LA Fitness Noise
Richard Clarke, 159 Main Street spoke on the noise coming from LA Fitness. He said he contacted LA Fitness and Cheryl Noble. Selectman Sweeney noted that there is a representative from LA Fitness here tonight. Selectman Vallarelli asked Mr. Clarke if he spoke to the Condo Association. Mr. Clarke said no. Selectman Vallarelli asked if Cheryl Noble made a site visit and if the insulation was put in. He said they need to know that. Atty. Steven Cicatelli was present to represent LA Fitness. He said James O’Sullivan, out of New York, is flying out to drill the wall to ensure that 14 inches of sound insulation was installed. He said that will be done tomorrow. He said he also wants to see if it is coming from HVAC or the air exchange. He said his client
spoke to Cheryl Noble. He said LA Fitness is being very responsive. He said if it is a mistake, they want to fix it. He said it is not a question of whether the building was designed properly but whether it was constructed properly. Chairman DePinto asked Mr. Ragucci to get the report from Cheryl Noble. Bob DiBella, 159 Main Street, also spoke on the noise.
Accept and Number Warrant Articles and Sign Warrant and Article Recommendations
1) Selectman Sweeney moved acceptance, seconded by Selectman Gregorio. Motion was unanimously voted.
2) Selectman Gregorio moved acceptance, seconded by Selectman Rotondi. Motion was unanimously voted.
3)Motion was made and seconded for acceptance. Motion was unanimously voted.
4)Motion was made and seconded for acceptance. Motion was unanimously voted.
5)Selectman Sweeney moved acceptance, seconded by Selectman Rotondi. Motion was unanimously voted.
6)Selectman Gregorio moved acceptance, seconded by Selectman Rotondi. Motion was unanimously voted.
October 5, 2009 – Page (4)
7)Selectman Rotondi moved to not accept this, seconded by Selectman Sweeney. Motion was unanimously voted. It will be covered under the Capital article.
8)Selectman Rotondi moved acceptance, seconded by Selectman Rotondi. Motion was unanimously voted.
9)Selectman Gregorio moved to not accept this and have it covered under the Capital article, seconded by Selectman Rotondi. Motion was unanimously voted.
10)Selectman Sweeney moved acceptance, seconded by Selectman Gregorio. Motion was unanimously voted.
The Board moved #10 to #1 and #8 to #3. Selectman Sweeney moved to accept the warrant as numbered, with those changes, seconded by Selectman Rotondi. Motion was unanimously voted.
The Board voted the following recommendations, using the original numbers.
- Selectman Sweeney moved Favorable Action. Motion was seconded and unanimously voted.
3)Selectman Rotondi moved Favorable Action, seconded by Selectman Gregorio. Motion was unanimously voted.
4) Selectman Rotondi moved Favorable Action, seconded by Selectman Gregorio. Motion was unanimously voted.
5) Selectman Rotondi moved Favorable Action, seconded by Selectman Vallarelli. Motion was unanimously voted.
6) Selectman Gregorio moved Favorable Recommendation, seconded by Selectman Vallarelli. Motion was unanimously voted.
8) Selectman Rotondi moved Favorable Action, seconded by Selectman Sweeney. Motion was unanimously voted.
10) Selectman Sweeney moved Favorable Action, seconded by Selectman Gregorio, for discussion. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Opposed:
Selectman Gregorio
Selectman Rotondi
Selectman Vallarelli
Chairman DePinto
Voting was 1-4. Motion did not carry.
Sign Development Agreement and Mitigation Covenant/Langwood Commons and Stoneham Executive Center
Selectman Rotondi moved to sign both agreements, seconded by Selectman Gregorio. Motion was unanimously voted. The Board signed the Amended and Restated Mitigation Covenant by Fellsway Development LLC, Langwood Commons LLC and Simpson Housing Limited Partnership L.L.L.P. and the Town of Stoneham and they signed the Development Agreement by Fellsway Development LLC and Langwood Commons LLC with the Town of Stoneham.
October 6, 2009 – Page (5)
Town Administrator Reports
Town Administrator Ragucci said he would like to extend the Golf Management contract by one year.
Selectman Sweeney moved to adjourn, seconded by Selectman Gregorio. Motion was unanimously voted.
Meeting adjourned at 8:53 p.m.
Respectfully submitted,
Muriel Doherty
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