Stoneham Board of Selectmen – Minutes of Meeting of December 15, 2009
Chairman John F. DePinto called the meeting to order at 6:09 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
Board of Health/AED Donation
Sara Thompson, Director of the Board of Health Food Pantry, thanked Shaw’s and Stop & Shop for their generous donations. She said 1,433 individuals have been served. Board of Health Chairman Dan Doherty introduced Dominic Mondi from Stop & Shop and Jim Ferraioli from Shaw’s. He said without help from the major food chains programs like this don’t work. Chairman Doherty said they have an AED at the Rink and the Senior Center. He said Peg Drummey was able to get two more, one for the Town Hall and one for the Library. Chairman Doherty also said that, through the hard work of Acting Health Director Bob Bracey, they got federal funds for hand sanitizers. He said 72 were deployed in the Schools and the rest are in public buildings. Chairman DePinto asked
what’s being done about H1N1. Chairman Doherty said they had a clinic last week for high-risk and vaccinated 500 to 600 Stoneham residents. He said this Saturday they will have a clinic open to all Stoneham residents, free of cost. Chairman DePinto thanked the Board of Health, the Food Pantry, and the supermarkets for all their help.
Approve Minutes
Selectman Sweeney moved approval of the 11/17/09 minutes, seconded by Selectman Gregorio. Motion was unanimously voted. Selectman Rotondi moved approval of the 11/17/09 executive session minutes and to be kept confidential, seconded by Selectman Sweeney. Motion was unanimously voted. Selectman Sweeney moved approval of the 9/2/09 executive session minutes and not to release them. Voting was 4-0-1, with Selectman Gregorio abstaining. Motion carried.
Appoint Members to Committees
Selectman Rotondi moved to appoint Generoso Ferullo to the Council on Aging, seconded by Selectman Sweeney. Motion was unanimously voted.
Accept Donations
Selectman Rotondi moved to accept the following donations to the Board of Selectmen’s Annual Holiday Party raffle: Marty Murphy and Family (Montvale Plaza) Dinner for more than 330 at Montvale Plaza and entertainment; Atty. Steven L. Cicatelli - $50.00: Liberty Bell – 20 $5 gift cards; Stoneham Savings Bank - $50.00; Gaetano’s - $30 gift card; Stoneham Motor Co - $100.00; Angelo’s Pizzeria & Ristorante - $50 gift card; Stoneham Animal Hospital – 2 gift cards; Hairmates – 1 gift card; China Moon Restaurant – 1- $10 gift cards; Atty. Charles F. Houghton - $100.00; Barile Family Funeral Home - $100.00; Three Amigos Restaurant – 2 $25 gift cards; Dunkin Donuts (62A Montvale, 128 Franklin, inside Stop & Shop) – 20 $5 gift cards; Sato II Restaurant
– 2 $25 gift cards; Stoneham Patrolmen’s Association - $75.00; Stoneham Superior Police Union - $75.00; Rep. Dwyer – 10 $10 gift cards; Dairy Dome - $50.00; Georgie D’s – 3 $25 gift cards; Stoneham Firefighters Union - $80.00; J.J. Grimsby & Co
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Restaurant – 2 $30 gift cards; Sen. Tisei – 10 $10 gift cards; Rep. Lewis – 10 $10 gift cards; Bacci’s – 2 $25 gift cards; Shaw’s Supermarket – 10 $10 gift cards; Gay’s Florist – 8 coupon packages; Stoneham Bank – 330 tote bags. Motion was seconded by Selectman Sweeney and unanimously voted.
Approve 11 Gould St Site Plan Extension Letter
Selectman Sweeney moved approval of the 11 Gould Street site plan extension letter, with correction of date, seconded by Selectman Rotondi. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Gregorio
Selectman Rotondi
Chairman DePinto
Motion was unanimously voted.
Approve 2 Lynn Fells Parkway Site Plan Extension Letter
Selectman Rotondi moved approval of the 2 Lynn Fells Parkway extension letter. Motion was seconded, and a roll call vote was taken.
Voting in favor:
Selectman Gregorio
Selectman Rotondi
Selectman Vallarelli
Selectman Sweeney
Chairman DePinto
Motion was unanimously voted.
Sign Special State Election Warrant
Selectman Vallarelli moved approval of the warrant for the Special State Election, seconded by Selectman Sweeney. Motion was unanimously voted.
Approve Class I License Renewals
Selectman Vallarelli moved approval of the following Class I License renewals: Stoneham Motor Co Inc/185 Main St and Danvers NII Inc d/b/a Ira Nissan of Woburn/95 Cedar St. Motion was seconded by Selectman Sweeney and unanimously voted.
Approve Class II License Renewals
Selectman Rotondi 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 Street Truck & Auto, Inc/41 Franklin St; Anthony Dana Marek d/b/a Marek’s Automotive/450 Main St. Motion was seconded by Selectman Sweeney and unanimously voted. Selectman Vallarelli moved approval of the Class II License renewal for Sharon M. Rotondi & John Nicholls d/b/a Rotondi Motors/140 Franklin St, seconded by Selectman Gregorio. Voting was 4-0-1, with Selectman Rotondi abstaining. Motion carried.
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Request for Change of Address/19-21 Montvale Ave to 21 Montvale Ave
Chairman DePinto said the owner is one of his doctors but he has no financial interest. Selectman Sweeney moved approval, but if any department has an issue, the Board reserves the right to revoke the authorization. Motion was seconded by Selectman Gregorio and unanimously voted.
Establishment of Town Administrator’s Shared Service Committee/Selectman Rotondi
Selectman Rotondi moved to recommend to that the Town Administrator form a subcommittee on shared services. Selectman Vallarelli volunteered to be the Selectmen’s designee. Motion was seconded and unanimously voted.
Cable Update/Town Counsel
Town Counsel Solomon asked for authorization to amend the current RCN license to extend from June to 10/1, so they have some additional time to put in place a further extension to go for 4 years 9 months. He said they have a ten-year contract now. He said they have a 10-year license now. Selectman Gregorio moved to extend for three months, seconded by Selectman Rotondi. Motion was unanimously voted.
Miscellaneous Correspondence
Chairman DePinto asked that a letter be drafted to National Grid for the North Street area residents interested in having a gas main installed.
In response to the correspondence from Jim Juliano on the Board of Appeals, Selectman Sweeney moved to allow Jim Juliano to sit if he chooses, seconded by Selectman Rotondi. It was decided to write a letter to Mr. Juliano that the Board deem it is a financial interest but not such that his performance of his job would be affected. Voting was 4-1, with Selectman Vallarelli opposed. Motion carried. Chairman DePinto asked Town Counsel to draft the letter.
Town Administrator Reports
Town Administrator Ragucci said he is still pursuing sharing the Building Inspector with Melrose. He said he discussed with the Boys & Girls Club their taking over the Town’s Rec program. Mr. Ragucci asked the Board to consider Town Counsel as the liaison to the Ethics Commission. He said he will fill the absence in the Human Resources Department with Ginny Ray as coordinator. Mr. Ragucci also said that as part of his FY11 budget he will submit the reorganization of the Town Account/Human Resources offices. Selectman Sweeney moved to appoint Bill Solomon as liaison to the Ethics Commission. Motion was seconded by Selectman Rotondi and unanimously voted. Selectman Gregorio said the Building Department recordkeeping is quite antiquated. He mentioned having
written procedures in place and automated. Mr. Ragucci said Munis allows for permit tracking. He said they will kick that off effective 1/1. He said the physical records need additional file cabinets, which are $900 each. He said library Director Mary Todd has volunteered her experience to do filing. Selectman Rotondi said he would like a copy of the audit when it is received. Selectman Gregorio said he would
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like to see software installed and written procedures and a deadline. Chairman DePinto suggested doing it at the February meeting.
SHS Beautification Fund/Buckley Memorial Park/Kris Oneschuk
Kris Oneschuk said they need permission to take the monument out and install a new one of black granite from China. She said Bill Buckley died 25 years ago Memorial Day weekend. She said the Special Forces will be there anyway and will do something special. She said his birthday is that week, also. The Board agreed to removing the present monument.
11 Gould St LLC/Dominick J. Cimina, Manager/11 Gould St/Site Plan Amendment Hearing
Selectman Vallarelli read the Notice of Hearing. Atty. Charles Houghton was present to represent the petitioner. He said it needs to be continued. Selectman Rotondi moved to continue to 2/2/10 at 7:20 p.m., seconded by Selectman Sweeney. A roll call vote was taken.
Voting in favor:
Selectman Gregorio
Selectman Rotondi
Selectman Sweeney
Selectman Vallarelli
Chairman DePinto
Motion was unanimously voted.
A & L Services, LLC and Lentine Landscaping/10-24 Spencer St/Site Plan Hearing
Selectman Rotondi read the Notice of Hearing. Atty. Houghton was present to represent A & L Services, LLC and Lentine Landscaping in their petition to allow business accessory parking and outside storage for landscaping and dumpster rental business, on the property located at 10-24 Spencer Street, Stoneham, MA, on land owned by Dodge Realty Trust, Richard H. Dodge, Trustee and Steven R. Dodge, Trustee, 12 Spencer Street, Stoneham, MA 02180.
Atty. Houghton said they would like to withdraw the dumpster use. He said what they are proposing is similar to other landscaping businesses in town, storage of mulch and other materials. He said they did a proposed site plan to locate them on the easterly side of the site. He said CMR requires another 5’ of setback, so they thought they would hear all the issues and then design something else. Mr. Abreu and Mr. Lentine were present. He said they have been there 6 or 7 years but did not have a site plan. Selectman Sweeney asked how much mulch it will hold. Mr. Lentine said he averages 400 yards for a season. Selectman Sweeney asked how high. Mr. Lentine said there is 2’ of cement and there will be 6’ on top of the cement for 8’ max.
Selectman Sweeney noted the proposed fence is going to be 6’ on top of the granite blocks.
Selectman Rotondi read the recommendations of the Public Works Department, Police Department, Board of Health, and Fire Department. Atty. Houghton said it would be a 25’setback and they showed a 15’ setback. He said the Fire Chief must have made the determination it is combustible. Selectman Sweeney asked if their plans are in
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compliance with the law. Atty. Houghton said no, they would have to revise it. He said they have to have it 4’ x 25’. He said they have to begin 10’ further from the north and west. Selectman Rotondi if he will comply if it proves that falls in the definition of combustible. Atty. Houghton said yes. Selectman Rotondi read the recommendations of the Building Inspector. Selectman Rotondi moved approval of the site plan, conditioned on the fact that they will comply to CMR if that material falls into that requirement. Motion was seconded by Selectman Gregorio.
Michael Lentine said he doesn’t currently lease any interior space. He said that the picture the Board saw was when he ordered all his mulch at one time. He said normally by the end of May or June bark mulch is done. He said he would even agree to get rid of it if there is an excess later on in the summer. Selectman Vallarelli clarified that A & L is the dumpster company. He asked if all the containers that were behind the building are gone. Mr. Lentine said yes. He said all that is there now is an 8’ x 10’ storage container, bark mulch, a snowplow, and an enclosed 6’ x 12’ trailer. Chairman DePinto asked Town Counsel to read the letter from Lisa Gallagher that was addressed to Cheryl Noble. Town Counsel said it is her call as Building
Inspector. He said she believes they have the right to grant this and this use would be allowed. Atty. Houghton said this started in September. He said the Building Inspector contacted his clients and said they need a site plan for that use. He said they didn’t have a site plan. Selectman Sweeney asked why they didn’t get approval before starting operating. Atty. Houghton said he made a mistake and that is why he agreed to move the dumpsters. Selectman Gregorio said that he would like to see a specific reply from Cheryl regarding this letter. Selectman Rotondi agreed.
Chairman DePinto opened the hearing to the public. The resident at 57 Pine Street said he doesn’t care if they put the mulch way up there. He said he disapproves of the noise at 4 0r 5 in the morning. He said he doesn’t want to hear a loader loading mulch at 4:0 in the morning. Lisa Gallagher, 63 Pine Street, said Mr. Abreu and Mr. Lentine are trying to conduct a business in the parking lot. She said they don’t rent in the building. Tyler Snow gave the Board photos taken 24 hours ago. He said it looks like a junkyard. He said he called Mr. Dodge, who said the agreement isn’t a lease. He said he plows the lot and Mr. Dodge lets him store there. Atty. Houghton said, for the record, that a lot of these are not his client’s vehicles. Mr. Snow said that is right. He said a lot of them are abandoned and he has the room to move down. Ms. Gallagher said he is taking a piece of a parking lot. She said it is not a place to put or run a business and that this property is not
zoned for this. Selectman Sweeney said if that is true then the Building Inspector should automatically give this a Cease and Desist. Selectman Gregorio said that is why they need Cheryl Noble to address this letter. He said it was mentioned by one of the abutters that there is no contractual relationship. Chairman DePinto asked if the client would be willing to change the location. Atty. Houghton said to give them a chance to think how it would work best for everybody. Selectman Rotondi said the first issue that has to be resolved is if the business is allowed in that zone. He said if yes, the second question is how does he fit it in the existing zone with the CMR. Kevin DeSano, 61 Pine Street, said his lot abuts 61 Pine Street. He said he doesn’t have a problem as long as he keeps things clean and neat. Selectman Rotondi withdrew his motion, seconded by Selectman Gregorio. Selectman Rotondi moved to continue
the site plan hearing to 2/16/10 at 7:30 p.m. and then the three issues will be addressed, the letter to Cheryl Noble that this type of business is allowed, the Fire Chief’s issue, and the contractual
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relationship with the landlord. Motion was seconded by Selectman Gregorio, and a roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Gregorio
Selectman Rotondi
Selectman Sweeney
Selectman Vallarelli
Chairman DePinto
Motion was unanimously voted.
Frank Pino d/b/a Dunkin Donuts/128 Franklin St/Site Plan Hearing
Selectman Gregorio read the Notice of Hearing. Atty. Charles Houghton was present to represent Frank Pino in his petition to amend the site plan approval of March 27, 2007, by changing the 8:00 p.m. closing time to 9:00 p.m. for the business located at 128 Franklin Street, Stoneham, MA on land owned by Keisha Realty, LLC, 128 Franklin Street, Stoneham, MA 02180. Frank Pino said the truck will come around 4:00 a.m. He said that wouldn’t change. Atty. Houghton said the tractor trailers come in the middle of the day. Bill Reinard said he can address the issue of the slamming dumpster. He said it is the firs he heard of it. Selectman Sweeney moved to keep the hours at 6:00 a.m. and to 9:00 p.m., seconded by Selectman Gregorio. Chairman DePinto opened the hearing to the public. Bob Fields, 127 Franklin Street, said Mr. Pino and Bill have been great neighbors and the neighbors have been very accommodating. He said he applauds Mr. Sweeney for making that motion. He said noise is
a very sensitive issue for the neighbors. He said they went through a process in good faith that these would be the hours and he is very disappointed to see that they are even here for this. Suzanne Crooker, 116 Franklin Street, said she agrees with Mr. Fields. Bill Reinard said it is for 20 more customers and they need them. Atty. Houghton said they are just asking to try it for a little bit longer for a time period. Bob Fields said for 20 more people it is not worth it for the quality of life for the abutters. Chairman DePinto read the recommendations from the Police, DPW, and Fire. A roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Gregorio
Selectman Rotondi
Opposed:
Chairman DePinto
Motion carried.
Buckingham Realty Trust, Michael J. O’Sullivan, Trustee/489 Main St/Site Plan Hearing
Chairman DePinto read the Notice of Hearing. Atty. Houghton was present to represent Buckingham Realty Trust, Michael J. O’Sullivan, Trustee, in his petition to amend the site plan approval of 9/8/09, to change residential use on the second floor to two residential units, on the property located at 489 Main Street, Stoneham, MA, on land owned by Buckingham Realty Trust, Michael J. O’Sullivan, Trustee, 7 West Street,
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Wakefield, MA 01880. Chairman DePinto read the recommendations from DPW, Police, Board of Health, and Fire Department. Selectman Sweeney moved approval, subject to the Fire Chief’s approval. Motion was seconded by Selectman Gregorio, and a roll call vote was taken.
Voting in favor:
Selectman Sweeney
Selectman Vallarelli
Selectman Gregorio
Selectman Rotondi
Chairman DePinto
Motion was unanimously voted.
Sale of Hill Court Parcels/De-Register Parcels
Atty. Houghton said he will work with Town Counsel to de-register the parcels. Selectman Rotondi moved to send the request to de-register the whole lot along with these three parcels, seconded by Selectman Sweeney. Motion was unanimously voted.
Atty. Houghton said he has a deed prepared for Flahertys. He said they agreed to $500. Selectman Vallarelli moved to execute the deed, seconded by Selectman Gregorio. Motion was unanimously voted.
Selectman Sweeney moved to take a 5-minute recess. Motion was seconded and unanimously voted.
Meeting recessed at 8:50 p.m.
Meeting reconvened at 9:04 p.m.
Selectman Gregorio moved to go into Liquor Licensing Authority and not to return as the Board of Selectmen. Motion was seconded by Selectmen Sweeney and unanimously voted.
Meeting adjourned at 9:05 p.m.
Respectfully submitted,
Muriel Doherty
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