MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY, DECEMBER 7, 2009
______________________________________________________________________________
Chairman Mauceri called the meeting to order at 7:00 p.m. in Room 14 at Town Hall in the presence of members Mr. O’Leary, Mr. Yull, Mr. Veno, Mr. Delaney and the Town Administrator Greg Balukonis.
1. MINUTES
MR. CHAIRMAN, I MOVE TO APPROVE THE NOVEMBER 9, 2009 REGULAR MINUTES AS WRITTEN.
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
MR. CHAIRMAN, I MOVE TO APPROVE THE NOVEMBER 18, 2009 REGULAR MINUTES AS WRITTEN.
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
2. CORRESPONDENCE
Mr. Yull requested a copy of the BOA Hearing, M. Desimone, 45 Linwood Ave., SP
3. PUBLIC COMMENT
Rosalie Cravotta, 223 Swan Pond Road, spoke on behalf of the Swan Pond Road Improvement Committee. The fire on Thanksgiving brought up safety issues – lack of water is a problem there, no continual flow. She stated that there are now 30+ homes there, not only 3-4 as in the past. She asked who to go to at this point, which direction to turn to for improvements. Mr. Balukonis stated that he would set something up with the Fire Chief and the DPW Director to meet.
Richard Harris, Fire Chief, asked the Board for permission to apply for a Safer Grant – the Fire Department will be given 4 extra positions with all benefits and salaries paid, etc for 2 years and the Town has to keep them on for 1 extra year, paying 100%. Chairman Mauceri called for a consensus – all Board members were in favor.
4. LEGAL BILLS
Mr. Balukonis explained the legal bills to the Board.
MR. CHAIRMAN, I MOVE TO APPROVE LEGAL BILLS FOR OCTOBER 2009 IN THE AMOUNT OF $8,833.95 AS FOLLOWS:
KOPELMAN AND PAIGE, P.C. (GENERAL) $1,798.95
KOPELMAN AND PAIGE, P.C. (LABOR) $5,652.50
KOPELMAN AND PAIGE, P.C. (WATER) $1,382.50
TOTAL $8,833.95
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
5. LIVERY LICENSE
Nathan Sarafian, 23 Chestnut Street, was present to speak in regards to providing livery service to and from Logan Airport.
MR. CHAIRMAN, I MOVE TO GRANT A LIVERY LICENSE TO NATHAN SARAFIAN D/B/A METRO TOWN CAR, 23 CHESTNUT STREET TO EXPIRE DECEMBER 31, 2009 SUBJECT TO ALL REGULATORY DEPARTMENT REQUIREMENTS AND MANDATORY CONDITIONS ISSUED BY THE ZONING BOARD OF APPEALS.
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
6. DPW DIRECTOR MEETING
Dick Carnavale, the DPW Director, was present and gave a presentation on:
- Snow and ice control program review
- Costs and estimates are comparable to peers
Mr. Veno commented on how well N. Reading plows
Mr. Yull commented on the sidewalks in his area—corners being “stacked”
- Projections/Strategic Goals for the next 5 years
- Communication(personal, internal & external)
- Accountability
- Reduce resource use and cost
- Implement preventative maintenance
- Improve employee training
- Drainage/Stormwater program review
- Discussed projects and handed out literature
Mr. Mauceri stated that he is impressed with the research, information given and work done thus far in the amount of time Mr. Carnavale has been on the job.
7. CENTRE CAFE
Carolyn Conway, attorney for the DelGreco’s was present. She spoke of Chief Nolan’s Motor Vehicle crash summary for Park and Washington Street Locale. She submitted evidence with examples of traffic accidents in previous years – a few at this location and 60 – 90 on Main Street. She also noted that they took the 3 on street parking spaces away.
Mr. Yull commented making mention to “comparing apples to apples,” – an entire main street that stretches from one end of town to another to one intersection. Mr. O’Leary agreed. Ms. Conway responded, “the main point I’m trying to make is that it is not a dangerous intersection.”
The Board discussed parking and employee issues – spaces being removed but more employees need to fill additional shifts therefore needing more parking.
Chief Nolan was present and spoke. He discussed how alcohol does cause problems, although they cannot say what will happen if the license is granted because it hasn’t happened yet, but historically alcohol does and will cause disruptions and/or other issues.
PUBLIC COMMENT
Mr. Nick O’Brien, lives 4 houses from the intersection. He first applauded Chief Nolan for his report, as alcohol does cause problems. Continued with discussing how the intersection has been changed a couple of times and there have been all kinds of businesses there. In his opinion, this is getting blown out of proportion and although alcohol does cause problems 1 glass is not going to and parking, etc should not be an issue. Give them an opportunity to grow with restrictions. “It can work, give them a try.”
Pat Okaf, 10 Wright Street, spoke. Expressed that it is understandable that Saturday and Sunday mornings it is busy in the area, but having it open at night brings in a whole new dynamic especially with alcohol and she is not for it.
Trisha Collella, 186 Haverhill Street, spoke of the split tax rate occupying much of the last meeting and how many spoke of “taking care of small businesses.” She wanted the Board to think about this in regards to their decision. She is in favor of it.
Patrick Holloway, 7 Greenbriar Drive, spoke. He stated that backing out into that road after you’ve been drinking does not work. He is not in favor of it.
Sandra DelGreco spoke of knowing what it is like to be part of a small town. She grew up in a small town and her family ran a family restaurant. She expressed being insulted that some were suggesting her customers would be irresponsible with their drinking.
At 9:10 PM Chairman Mauceri closed the hearing and the Board had an opportunity to speak.
In summary, Board Members discussed issues previously stated – safety, the neighborhood, parking, history of alcohol, and also facts in favor of the applicants. The Board then voted, 3 against (Mr. Yull, Mr. Veno and Mr. O’Leary) and two for (Mr. Delaney and Mr. Mauceri).
MOTION TO DENY
MR. CHAIRMAN, I MOVE TO DENY THE APPLICATION OF GATHERINGS, INC. D/B/A THE CENTRE CAFÉ, 118 PARK STREET FOR A COMMON VICTUALLER/WINE AND MALT BEVERAGE LICENSE FOLLOWING A PUBLIC HEARING IN WHICH WE DETERMINED THAT THIS LICENSE DOES NOT SERVE THE PUBLIC NEED NOR PROTECT THE COMMON GOOD DUE TO THE FOLLOWING REASONS:
1) CONCERN WITH THE LOCATION OF THE BUSINESS AS INDICATED IN THE REPORT OF THE NORTH READING POLICE DEPARTMENT CITING LACK OF SUFFICENT PARKING, CROSSWALK OBSTRUCTION, POOR LIGHTING, EXTENSIVE PEDESTRIAN TRAFFIC AND OTHER GENERAL TRAFFIC AND SAFETY CONCERNS, AS WELL AS CLOSE PROXIMITY TO A MULTI-FAMILY DWELLING AND RESIDENTIAL NEIGHBORHOODS.
2) OPPOSITION OF NUMEROUS RESIDENTS/NEIGHBORS OPPOSED TO THE ISSUANCE OF THE LICENSE DUE TO SAFETY AND DETRIMENTAL IMPACT ON QUALITY OF LIFE.
3) THAT THE ESTABLISHMENT WILL NOT PROVIDE A SERVICE THAT IS UNIQUE NOR A PRODUCT THAT IS DIFFERENT FROM THE OTHER 11 LICENSED RESTAURANTS IN TOWN WHICH ADEQUATELY SERVICE THE PUBLIC.
4) AT NO TIME OVER THE LAST SEVERAL DECADES HAS THIS LOCATION BEEN UTILIZED FOR A BUSINESS OPEN PAST 8:00 P.M. AND THE ISSUANCE OF AN ALCOHOLIC BEVERAGE LICENSE WILL ADVERSELY AFFECT THE NEIGHBORHOOD CHARACTER.
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: IN FAVOR OPPOSED
MR. VENO AYE MR. DELANEY AYE
MR. YULL AYE MR. MAUCERI AYE
MR. O’LEARY AYE
8. SHOW CAUSE HEARING (9:40 PM)
Mr. Mauceri began by reading the public hearing notice sent to Ms. Shaughnessy.
Mr. Senior, attorney for Ms. Shaughnessy, first spoke noting that for the record he requested the stenographer be present.
Irene Wolpin, 58 Northridge Road, spoke first – she said she has no specific knowledge of Ms. Shaughnessy’s house, but rather the general area. She stated that it has been quiet for approximately two weeks at this point. When she does hear the dogs barking, it can be as early as 7a.m. and as late as 11p.m. She stated that it is much worse in the summer when you’re able to have your windows open and use the patio. She also stated that she cannot see the Shaughnessy house from her property.
At Mr. O’Leary’s request, Jerry Berg, Animal Control Officer, spoke regarding reports. Dog collars (for barking) were suggested and it is reported that Ms. Shaughnessy complied with the request. She has 3 German Shepard’s and has had 3 since 2001. Northridge has been occupied since 2001, but complaints only started in 2006.
Arthur Dyment, 32 Northridge, spoke. He stated that it is difficult to pinpoint the exact location of the barking and that there are no trespassing signs posted on properties in the woods so you can’t get too close if you try to.
Mr. Senior called neighbors, as witnesses, to speak:
Priscilla Carcia, 32 Spruce Road, lives diagonally across the street
Pamela Merrill, 14 Ridgeway Road, lives diagonally behind
Lauren Shaughnessy, 39 Spruce Road, lives at the residence in question
Karen Campangne, 37 Spruce Road, lives next door
In summary, they stated that they’ve heard the dogs bark, but never to excess and never for more than a few seconds.
Diane Shaughnessy, 39 Spruce Road, was then called to speak. She stated that the complaints started 2-3 years ago, but she has lived there since March 1999 and has had 3 dogs since 2001. She also stated that the dogs do wear barking collars.
At 10:35p.m. Mr. Mauceri closed the hearing and stated the Board will hold off on a decision until the second hearing on December 21st.
Mr. Senior stated that no one can point out that the Shaughnessy dogs are the barkers and 4 people have stated that they have not had issues with the Shaughnessy dogs so there should be no action taken.
Larry Dyment gave a brief history – the barking was not an issue until about 3 years ago and to his knowledge it seems to be coming from the right(of the Shaughnessy residence).
9. APPOINTMENTS/RE-APPOINTMENTS
PROCESS SERVING CONSTABLES
MR. CHAIRMAN, I MOVE TO PLACE IN NOMINATION THE FOLLOWING NAMES FOR REAPPOINTMENT AS PROCESS SERVING CONSTABLES FOR TERMS TO EXPIRE ON DECEMBER 31, 2010: (5 OPENINGS)
PAUL DORSEY, 18 MAGNOLIA RD. (INCUMBENT)
JOHN FIRRIELLO, 1 SULLIVAN RD. (INCUMBENT)
AUGUSTUS LAMONT, 272 PARK ST. (INCUMBENT)
MOTION BY: MR. YULL
SECONDED BY: MR. VENO
DISCUSSION: As the liaison, Mr. Veno recommends these applicants
VOTED: UNANIMOUS (5-0)
LIBRARY TRUSTEES
MR. CHAIRMAN, I MOVE TO PLACE IN NOMINATION THE FOLLOWING NAMES FOR REAPPOINTMENT AS MEMBERS ON THE LIBRARY TRUSTTS FOR TERMS TO EXPIRE ON DECEMBER 31, 2012: (2 OPENINGS)
KAREN VITALE, 30 STRAWBERRY LANE (INCUMBENT)
SARAH RALPH, 48 LINDOR RD. (CURRENT ASSOCIATE MEMBER)
KRISTIN SCAMMON, 22 REDMOND AVE.
MOTION BY: MR. YULL
SECONDED BY: MR. DELANEY
DISCUSSION: As the liaison, Mr. Delaney nominated Karen Vitale and Sarah Ralph to fill the positions
VOTED: MR. O’LEARY: Karen Vitale & Sarah Ralph
MR. VENO: Karen Vitale & Sarah Ralph
MR. DELANEY: Karen Vitale & Sarah Ralph
MR. YULL: Karen Vitale & Sarah Ralph MR. MAUCERI: Karen Vitale & Sarah Ralph
MARTIN’S POND STUDY COMMITTEE
MR. CHAIRMAN, I MOVE TO PLACE IN NOMINATION THE FOLLOWING NAME FOR REAPPOINTMENT AS MEMBER ON THE MARTIN’S POND STUDY COMMITTEE FOR A TERM TO EXPIRE ON DECEMBER 31, 2012: (1 OPENING)
LIDA JENNEY, 6 SHORE ROAD (INCUMBENT)
MOTION BY: MR. YULL
SECONDED BY: MR.O’LEARY
VOTED: UNANIMOUS (5-0)
COMMISSION ON DISABILITIES
MR. CHAIRMAN, I MOVE TO PLACE IN NOMINATION THE FOLLOWING NAMES FOR REAPPOINTMENT AS MEMBERS ON THE COMMISSION ON DISABILITIES FOR TERMS TO EXPIRE ON DECEMBER 31, 2012: (3 OPENINGS)
GEORGE RUSSO, 333 PARK STREET (INCUMBENT)
MARGARET ROBERTSON, 374 PARK STREET (INCUMBENT)
NORMA PIERCE, 4 CAROLINE RD. (INCUMBENT)
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
DISCUSSION: As the liaison, Mr. Veno recommends reappointing all three
VOTED: UNANIMOUS (5-0)
LIAISON TO STATE ETHICS COMMISSION
MR. CHAIRMAN, I MOVE TO APPOINT BARBARA STATS, NORTH READING TOWN CLERK, AS THE LIAISON TO THE STATE ETHICS COMMISSION IN ACCORDANCE WITH CHAPTER 28 OF THE ACTS OF 2009 FOR A TERM TO EXPIRE ON DECEMBER 31, 2010.
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
10. LICENSE RENEWALS
COMMON VICTUALLER
MR. CHAIRMAN, I MOVE TO RENEW THE FOLLOWING COMMON VICTUALLER LICENSES TO EXPIRE DECEMBER 31, 2010 SUBJECT TO ALL REGULATORY DEPARTMENT REQUIREMENTS:
ANDREA’S HOUSE OF PIZZA
BEYOND BAGELS
CHINA CUISINE
DUNKIN DONUTS (289 MAIN ST.)
MARIO’S PIZZA AND SUBS
MCDONALD’S RESTAURANT
MIIT, INC. D/B/A SUBWAY
RAPHAEL’S PLACE AND CATERING
RYER’S STORE
S & M SUBWAY OF NORTH READING, INC.
SUNRISE BAGEL
THE LOBSTER CLAW
THOMSON CLUB
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
COMMON VICTUALLER/ALL ALCOHOL
MR. CHAIRMAN, I MOVE TO RENEW THE FOLLOWING COMMON VICTUALLER/ALL ALCOHOL LICENSES TO EXPIRE DECEMBER 31, 2010 SUBJECT TO ALL REGULATORY DEPARTMENT REQUIREMENTS:
CHINA CUISINE
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
PACKAGE STORE/WINE AND MALT BEVERAGE
MR. CHAIRMAN, I MOVE TO RENEW THE FOLLOWING PACKAGE STORE/WINE AND MALT BEVERAGE LICENSES TO EXPIRE DECEMBER 31, 2010 SUBJECT TO ALL REGULATORY DEPARTMENT REQUIREMENTS:
CONVENIENCE PLUS
HESS EXPRESS
RYER’S STORE
TEDESCHI FOOD SHOPS
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
CLASS I LICENSE
MR. CHAIRMAN, I MOVE TO RENEW THE FOLLOWING CLASS I LICENSES TO EXPIRE DECEMBER 31, 2010 SUBJECT TO ALL REGULATORY DEPARTMENT REQUIREMENTS:
BOBCAT OF BOSTON
BRIAN DUCHAK D/B/A NATIONAL SALES
DYAR SALES & MACHINERY CO.
MELKONIAN SUBARU
NORTH READING MOTOR SPORTS
PREMIUM POWER CORP.
MOTION BY: MR. YULL
SECONDED BY: MR. VENO
DISCUSSION: Mr. O’Leary will be abstaining (relative owns Class II)
VOTED: 4-0-1 (Mr. O’Leary abstained)
CLASS II LICENSE
MR. CHAIRMAN, I MOVE TO RENEW THE FOLLOWING CLASS II LICENSES TO EXPIRE DECEMBER 31, 2010 SUBJECT TO ALL REGULATORY DEPARTMENT REQUIREMENTS:
A & J MOTORS
BRIAN DUCHAK D/B/A NATIONAL SALES
GREENBRIAR CLASSIC MOTORS
MOTION BY: MR. YULL
SECONDED BY: MR.VENO
VOTED: 4-0-1 (Mr. O’Leary abstained)
CLASS III LICENSE
MR. CHAIRMAN, I MOVE TO RENEW THE FOLLOWING CLASS III LICENSES TO EXPIRE DECEMBER 31, 2010 SUBJECT TO ALL REGULATORY DEPARTMENT REQUIREMENTS:
BRIAN DUCHAK D/B/A NATIONAL SALES
MOTION BY: MR. YULL
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
COMMON VICTUALLER/WINE AND MALT BEVERAGE
MR. CHAIRMAN, I MOVE TO RENEW THE FOLLOWING COMMON VICTUALLER/WINE AND MALT BEVERAGE LICENSE TO EXPIRE DECEMBER 31, 2010 SUBJECT TO ALL REGULATORY DEPARTMENT REQUIREMENTS:
MARIO’S PIZZA AND SUBS
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
CLUB LICENSE
MR. CHAIRMAN, I MOVE TO RENEW THE FOLLOWING CLUB LICENSE TO EXPIRE DECEMBER 31, 2010 SUBJECT TO ALL REGULATORY DEPARTMENT REQUIREMENTS:
THOMSON CLUB, INC.
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: UNANIMOUS (5-0)
11. TOWN ADMINISTRATOR’S REPORT
Mr. Balukonis began by thanking Tim Callahan, director of Veterans Services, for the past 38 years of service. He will be retiring effective December 31, 2009.
He continued by notifying the Board that Chief Nolan was present and seeking permission to fill a vacant patrol officer position due to a retirement. The Board agreed to put on the one patrol officer. For the record, Mr. Veno does not want reserves to be “fillers,” for the two other vacant positions.
Mr. Balukonis then informed the Board about reimbursements of costs incurred by the Town for the Special Elections on December 8th and January 19th. He also updated them on the costs of the November 9th Special Town Meeting.
He then discussed the official notification that was received from the Massachusetts School Building Authority approving a feasible study for the High School.
Mr. Balukonis concluded with updating the Board on activity at the Ipswich River Park and reminded the Board of the Labor Strategy Session, scheduled for December 9, 2009.
12. OLD AND NEW BUSINESS
MR. DELANEY:
-Reminded everyone of tomorrow’s special election – encouraged voters to vote
-Wished Tim Callahan well
-Congratulated all involved with the field turf
-Reminded those in the Cold Spring Road/Linwood Avenue area that the DBA hearing concerning the Desimone request for a home occupation permit will be Thursday evening.
MR. VENO:
-Also encouraged voters for special election
-Thanked Tim Callahan
-Complimented turf field committee
MR. O’LEARY
-Wished Tim Callahan a long, happy retirement
-Mentioned the nice dinner with Rep. Jones and Sen. Tarr
-Thanked the Fire Dept for a job well done with the Thanksgiving Day fires
-Turf Committee – terrific job in a short time
-Encouraged voters
MR. YULL
-Encouraged voters
-Wished Mr. Callahan the best
-Applauded the turf committee
MR. MAUCERI
-Wanted to echo all that was said by his fellow Board Members
-Nice job to the participants in the Thanksgiving Day race
-Primary Election – all precincts voting at St. Theresa’s
-Superintendent, David Troughton, retired and he wanted to thank him
13. EXECUTIVE SESSION (11:30 PM)
MR. CHAIRMAN, I MOVE TO ENTER INTO EXECUTIVE SESSION FOR
THE PURPOSES OF COLLECTIVE BARGAINING STRATEGY, AND FURTHER THE
BOARD OF SELECTMEN WILL RETURN TO OPEN SESSION THEREAFTER FOR THE SOLE PURPOSE OF ADJOURNMENT.
MOTION BY: MR. YULL
SECONDED BY: MR. O’LEARY
VOTED: MR. MAUCERI AYE MR. O’LEARY AYE MR. DELANEY AYE MR. VENO AYE
MR. YULL AYE
11:45 p.m. The Board returned to open session.
ADJOURN 11:45 P.M.
MR. CHAIRMAN, I MOVE TO ADJOURN.
MOTION BY: MR. YULL
SECONDED BY: MR. VENO
VOTED: UNANIMOUS (5-0)
________________________________ _____________________________________
Date Jeffrey Yull, Clerk
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