TOWN OF WINCHESTER BOARD OF SELECTMEN MEETING Monday, April 10, 2017 Record

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1 TOWN OF WINCHESTER BOARD OF SELECTMEN MEETING Record Chairman Lance R. Grenzeback called the meeting to order at 7:00 PM in the Board of Selectmen Meeting Room located on the second floor of Town Hall. Present were Vice Chairman E. James Whitehead, Selectman David P. Errico and Selectman Mariano Goluboff. Selectman Michael Bettencourt arrived after the meeting had been called to order. Also present was Town Manager Richard C. Howard. OPENING Reorganization of Chairman and Vice Chairman Chairman Grenzeback handed control of the meeting to the Town Manager; Town Manager called for nominations to serve as Chairman of the Board of Selectmen for the upcoming semester. *Nomination: That E. James Whitehead be nominated to serve as Chairman of the Board of Selectmen for the 2017 semester. Grenzeback Goluboff *Nomination: That Michael Bettencourt be nominated to serve as Vice Chairman of the Board of Selectmen for 2017 semester. Grenzeback Whitehead By roll call vote in favor of these nominations: Grenzeback, Whitehead, Goluboff, Bettencourt Abstaining: Errico Town Manager informed the Board that Business Item G-4, a discussion of the Waterfield Block Parking and Parking in general will not be discussed this evening. It has been requested that the consultants and staff will make a presentation at a later date due to the fact that there is new information about a potential parking location. He noted that some thought is being given to having an informational session on Friday, April 28 at 8:30 AM. TOWN MANAGER REPORT AND COMMENTS Appointment Conservation Commission Ann Storer March 31, 2020

2 Town Manager announced that in accordance with M.G.L. Chapter 40, Section 8C, he has made the following reappointment to the conservation Commission: Ann M. Storer, 16 Chesterford Road, Winchester, MA Term to Expire: March 31, 2020 Update on MWRA Proposal to Increase Low Flow Rate Ridge Street Town Manager explained that the MWRA proposes to increase the low water pressure in the Ridge Street area via replacement of the water main at no cost to the Town. The Board was informed that the MWRA will likely begin work on Wednesday and traffic may have to be re-routed however the hope is to keep a lane open and work completed in fourteen days. The MWRA will be back later in the year to upgrade the line. The disturbed roadway will be plated to allow for safe overnight passage. 40B Update Town Manager reported that discussion continues with MassHousing relative to a Housing Production Plan. There has also been discussion that a development team may be coming forward with a proposal for Holton Street. It is expected that this will be brought forward at a May Board meeting as the proponent will not file with MassHousing until the proposal is first presented to the Board. It is likely that there will be a neighborhood informational session in mid-may. Johnson Road and Ridge Street Town Manager informed the Board that the Town has received news that the Safe Routes to School grant has been prioritized by MassDOT. Approximately $6million in funding is being sought. Town Manager indicated that the installation of the temporary traffic signals does not jeopardize the grant funding. Chapter 90 Town Manager reported that the Commonwealth has authorized the Town s Chapter 90 funding and the allotment is $524,000 which will be used for streets and sidewalks. He noted that the Tri-Community Bikeway Project will start in a few weeks, with work beginning at the end of the Aberjona Lot and through Ginn Field. Approximately fifteen (15) parking spaces in the Aberjona Lot will be lost temporarily. Lastly, Town Manager reported that work on Scalley Dam in Woburn has begun as well. BUSINESS 2 P a g e

3 Zoning Board of Appeal Regular Member: Interview / Appointment Term to Expire: 3/31/20 Candidate for reappointment: Joan Langsam Candidates for Consideration: Donna Jalbert Patalano, Kevin Braga, Russell Gay and Mark Regan Kevin Braga informed the Board that he was raised in Winchester and now is back living here with his wife and three young children. Mr. Braga indicated that he works in real estate management and development in the City of Cambridge. He explained that he loves the character of the Town and would love to have input as a volunteer. Russell Gay informed the Board that he is a ten year resident who is interested in architecture and design being especially drawn to the built environment. Donna Patalano recalled that she served as a member of the ZBA for twelve years before stepping down. She has been a resident of Winchester for twenty-five years. She noted that her term as a member of the Boston Board of Bar Overseers is ending and she saw this vacancy as an opportunity. Ms. Patalano explained that she is an appellate attorney by profession who loves the Town and feels it is an honor to use her skill set to its benefit. Mark Regan informed the Board that he is a twenty-six year resident of Winchester who was very involved with the youth sports teams when his children were younger. He noted that his last child has graduated from college and he now feels that he d like to do something for the Town. Mr. Regan indicated that he is an engineer by training and also holds a finance degree. He noted that he is a problem solver who would bring independence to the Board. In answer to Selectman Grenzeback s question about what he would like to see done if he were appointed to the ZBA, Mr. Regan indicated that from his observation he feels that there is a conflict going on. He suggested that the ZBA is an important body to resolve issues. Ms. Patalano informed the Board that one can never predict the contention of a petition. She recalled that she appreciated the opportunity to give a civics lesson during a dispute. She pointed out that changes in the Town s Zoning Bylaw can only be made through Town Meeting with the key being open communication between the ZBA, Planning Board and Town Meeting. Russell Gay noted that unique to Winchester s character is the quality of the Town s structures. He indicated that preservation adds value to the Town and there is a lot of new building going on that is not complimentary to the older styles. He suggested that the newer structures water-down the older parts of Town and the history of the grand homes. 3 P a g e

4 Kevin Braga informed the Board that he hopes to uphold the character of the Town through its Bylaws with projects that fit into the neighborhoods. Selectman Goluboff asked if any of the candidates had a conflict with the decisions that the ZBA may have to make and was informed by all that they had no conflict. Selectman Errico noted that several 40B proposals have come before the Town and there is another on the horizon. He asked if any of the candidates had particular knowledge or expertise with Chapter 40B. Mr. Regan indicated that he is aware of the law but has no special knowledge; Ms. Patalano indicated that she has previous experience with petitions that came before the ZBA when she sat previously. She noted that she has experience as an appellate attorney to dig deep. Mr. Gay indicated that one of the issues of concern is the impact of traffic on surrounding neighborhoods and adding units adds traffic and creates an impact on the surrounding neighborhood. Mr. Braga indicated that he has had extensive experience working with affordable housing in Cambridge and has the ability to view each application on its own merits, therefore is neither for or against 40B proposals., suggesting that if a 40B is going to work it has to be professionally developed and managed in order to fit into the neighborhood. *Motion: That the Board of Selectmen appoint Donna Jalbert Patalano as a regular member of the Zoning Board of Appeal for a term to expire March 31, Grenzeback Errico All in favor VOTED. Selectman Grenzeback encouraged the other applicants to reapply for other vacancies within the Town s boards and committees. Chairman Whitehead noted that the Town runs on its volunteer base and expressed appreciation for the interest in this position. Zoning Board of Appeal Associate Member Reappointment Kevin Sarney Term to Expire: March 31, 2020 *Motion: That the Board of Selectmen reappoint Kevin Sarney to the Zoning Board of Appeal Associate Member, for a term to expire March 31, Grenzeback Goluboff All in favor VOTED. Council on Aging Appointment: Fay Kurnick Kolhonen Term to Expire: March 31, 2020; Council on Aging Reappointment: John Stevens Term to Expire: March 31, 2020 Ms. Kolhonen informed the Board that she has been a resident since Her training is that of a clinical social worker but has also worked as a therapist for elderly women. She indicated that she feels she has an insight into the services needed by the 4 P a g e

5 elderly population, which is changing and becoming more diverse with wants and needs for different things. *Motion: That the Board of Selectmen appoint Fay Kolhonen to the Council on Aging for a term to expire March 31, Grenzeback Goluboff All in favor VOTED. *Motion: That the Board of Selectmen reappoint John Stevens to the Council on Aging for a term to expire March 31, Grenzeback Goluboff All in favor VOTED. CONSENT AGENDA One Day Alcoholic Beverage License(s): Kathryn Scholl for Winchester Boat Club April 29, 2017 Sanborn House; Jeanmarie Papelian for Armenia Tree Project April 28, 2017 Town Hall Maurer Auditorium; Cindy Laney for Catering to You May 6, 2017 Sanborn House; Gail Freeman for Studio on the Common, 22 Church Street April 13, 2017 Studio on the Common; Laurie Cox for Bakers Best Catering April 22, 2017 Sanborn House Approval to Use Town Property: WHS Senior Luau at Borggaard Beach Friday, June 2, :30-8:30 PM; Acceptance of Donations to Recreation Department: Winchester Rotary Club - $750 and Enka Society - $750 Estate Sale: 11 Mystic Avenue Friday, April 14 / Saturday, April 15, 2017; Acceptance of Donation: From Town Sports Groups to continue work on Skillings Field ($10,000) Approve / Correct Meeting Minutes: Tuesday, March 7, 2017 *Motion: That the Board of Selectmen accept the $10,000 donation from various Town Sports Groups for the continuance of of work on Skillings Field, with gratitude. Grenzeback Goluboff All in favor VOTED. *Motion: That the Board of Selectmen approve One Day Alcoholic Beverage Licenses for the following dates and locations: April 29, 2017 at Sanborn House; April 13, 2017 at Studio on the Common and April 22, 2017 at Sanborn House. Grenzeback Goluboff All in favor VOTED. [7:55 PM Vice Chairman Bettencourt arrived to participate in the meeting.] 5 P a g e

6 Hearings *Motion: That the Board of Selectmen approve the use of Borggaard Beach on Friday, June 2 nd from 6:30-8:30 PM for the WHS Senior Class Luau with the conditions indicated. Further, that the Board of Selectmen approve an Estate Sale for 11 Mystic Avenue on April 14 th /15 th and donations to the Recreation Department Summer Concerts Series from the Winchester Rotary Club and the EnKa Society. Grenzeback Goluboff All in favor VOTED. *Motion: That the Board of Selectmen approve the Meeting Minutes for Tuesday, March 7, 2017 as written. Grenzeback Errico In Favor: Errico, Grenzeback, Bettencourt, Whitehead Abstaining: Goluboff VOTED. 7:55 PM All Alcohol Package Store License Hearing Alfred Addezio, d/b/a Salute, 611 Main Street Selectman Errico recalled that he had previously consulted with Town Counsel concerning a conflict with the 632 Main Street address / application. He explained that he is unable to vote on this license issuance as a result of that conflict, nor would he be able to vote on the Salute application if it were to be considered simultaneously with the Liquor Junction application. He recused himself on the advice of counsel due to the potential conflict. At 7:55 PM, newly elected Chairman E. James Whitehead opened the hearing on the All Alcohol Package Store License Hearing submitted by Alfred Addezio d/b/a Salute, 611 Main Street Suite 100. Representing the Addezio family was Attorney Mark Vaughan. Also present were Mr. Alfred Addezio, Mrs. Karen Addezio and Nicole. Attorney Vaughan provided the background on this license application. Attorney Vaughan oriented the Board as to the location for this proposed establishment explaining that there are also three off-street parking spaces in the lot at the rear of the building that can be used by the proprietors. He indicated that his client is convinced that there is a market for the type of business being proposed. Hours of operation would be from 10 AM to 8 PM Monday through Saturday; the business would be closed on Sunday. Attorney Vaughan informed the Board that his client is withdrawing the original application for the 745 Main Street location noting that this is the complete application for the Board s consideration. Paul Goodrich, Lockeland Road informed the Board that his whole neighborhood favors the award of the license to the Addezio family. Attorney Vaughan submitted multiple signatures of local residents who support this request. Seeing no one else in the audience wishing to make public comment, Chairman Whitehead closed the floor to public comment at 8:15 PM. Continuation of All Alcohol Retail Package Store License: Kajal and Kevin I LLC d/b/a Liquor Junction, 632 Main Street 6 P a g e

7 At 8:16 PM Chairman Whitehead reopened the continued hearing for the issuance of an All Alcohol Retail Package Store License to Kajal and Kevin I LLC d/b/a Liquor Junction, 632 Main Street. Also at 8:16 PM, Selectman Goluboff recused himself noting that he was not an elected member of the Board of Selectmen when this license was first discussed. Continuation of All Alcohol Retail Package Store License: Salute, 745 Main Street At 8:16 PM, Chairman Whitehead opened and closed the hearing on the continued petition for an all alcohol retail package store license for Salute at 745 Main Street. *Motion: That the Board of Selectmen close the hearing on the request to issue an All Alcohol Retail Package Store License to Salute at 745 Main Street. Grenzeback Bettencourt By Roll Call Vote: Grenzeback, Bettencourt, Whitehead VOTED. [Recused: Goluboff and Errico] Upon returning to the continued all alcohol retail package store license hearing for Kajal and Kevin I LLC d/b/a Liquor Junction, 632 Main Street, Attorney Joseph Tarby, counsel for the petitioners, submitted a petition signed by 250 residents who favor issuance of a package store license to Liquor Junction. He noted that this applicant also prepares gift baskets. He pointed out that some residents feel that they have to go outside of Winchester to purchase high-end spirits. Liquor Junction at 632 Main Street will not be a discount store and this applicant will occupy the same premises as that which was occupied by Winchester Wine & Spirits. Jasmine Patel informed the Board that Liquor Junction is a family operated business, with clean and organized stores that carry an extensive selection. The Winchester location will also carry gourmet snacks. Liquor Junction is not a big box type store. The Main Street location has 6,000 square feet of retail space. Ms. Patel noted that the owners also believe in supporting local charities. Ms. Patel pointed out that the space at 632 Main Street is zoned for retail and currently set up for a liquor store. The plan is to keep the existing beer and wine coolers but the actual layout will be more modern. Ms. Patel further informed the Board that they have done some research about the parking in the area and have observed that there are more than twentyfive spaces between Stop & Shop and 632 Main Street. On-line ordering will also be offered. Ms. Patel explained that the average customer spends about five minutes in a liquor store with the busiest time being after 4:00 PM. She outlined the benefits of the Liquor Junction proposal: occupying a space that was left vacant by Winchester Wine & Spirits; improvement of foot traffic in this area of Main Street; employ seven (7) individuals in total; Ms. Patel pointed out that currently, residents go out of town and this proposal will bring them back into town to shop. 7 P a g e

8 Attorney Tarby summarized that there are two qualified applications before the Board for consideration. He requested that the Board consider the following in their deliberations: Salute is not currently in business and there are other stores in the area that have the same offerings. The ABCC regulations indicated that both are retail applicants and at any time in the future the gift basket business could go full retail. Gift baskets can be sold, but the retailer must have the inventory to make the sale. At 8:30 PM the Floor was opened for public comment. Brian Haney, 28 Taft Drive informed the Board that he favors Liquor Junction. He explained that he knows the property owner personally and he is a thoughtful and careful businessman. A package store license always existed here,the applicant is familiar with both the ABCC and local regulations. This should weigh heavily on the Board s decision. Mr. Haney commented that he supports the Liquor Junction application. Ted Michalski, Shore Road resident and owner of Chamber of Comics informed the Board that a store that will generate business at this end of Main Street is needed for the 632 Main Street location. He explained that Main Street is Route 38, a main thoroughfare and Liquor Junction will draw people. Parking is plentiful after 3 PM. Mr. Michalski pointed out that this building also has a loading dock for deliveries so there will be no double parking with delivery vehicles. He noted that on Sundays, there is no activity at all at this end of Main Street so it is likely that Liquor Junction will bring more people to the area. An unidentified individual informed the Board that parking is not an issue and after 8 PM there is available parking everywhere. He suggested that having a business like Liquor Junction in this area of Main Street will help to draw people to the other stores. Ray Schaeffer, owner of Parings liquor store informed the Board that he feels Winchester Wine & Spirits closed because there was not enough business and since the time that establishment closed, another package store license has been issued for the sale of beer and wine, further saturating the local market. He suggested that Liquor Junction s Woburn store is the opposite of high end. Seeing no one else wishing to comment, the Chairman closed the hearing to public comment at 8:40 PM. Vice Chairman Bettencourt expressed concern as to whether there is a need for another package store in Winchester and his chief concern is that a smaller store will be undercut by a larger store like Liquor Junction who can buy in volume and have lower priced products. He suggested that there may be some redundancy with Liquor Junction that might hurt other businesses, so the need for an additional package store may not be there. Selectman Grenzeback indicated that he appreciates the Addezio family s long service to the Town however Massachusetts General Law and ABCC Regulations are rigid. Mass. General Law looks closely at whether a license benefits the Town and while gift baskets may be viable, they are a narrower service offering as well as being offered by other establishments. He noted that State Law states that one person can own up to seven (7) licenses but only one (1) license in a town. He suggested that while the gift basket business is an interesting concept, it is also less favorable to the Town. 8 P a g e

9 Selectman Grenzeback pointed out that the Patel family passes the test. He recalled that the previous owners operated at 632 Main Street very successfully for many years and a broader offering is more beneficial to the Town. He indicated that he does not feel that the failure of Winchester Wine & Spirits was a market problem but rather a management issue. He noted that Massachusetts General Law does not give the power of economic regulation to the Board of Selectmen. He indicated that the Patel operation would fill a large, missing niche. He explained that he also feels that the Town can sustain an additional package store. He suggested that the Patel family, if successful, should consider a name change along with the condition that if they go out of business the license would return to the Town, i.e., it is not transferable. *Motion: That the Board of Selectmen award the All Alcohol Package Store License to Alfred Addezio, d/b/a Salute, 611 Main Street. Bettencourt Grenzeback In favor: Goluboff, Bettencourt Opposed: Grenzeback, Whitehead MOTION FAILED. *Motion: That the Board of Selectmen award the All Alcohol Package Store License to Kajal and Kevin I LLC d/b/a Liquor Junction, 632 Main Street with the condition of rebranding and the inability to transfer the license if the operation ceases due to insolvency or bankruptcy. Bettencourt Grenzeback Vice Chairman Bettencourt commented that he feels it is absurd to condition a name change. His concern is about business and a big box store that can undercut the existing businesses. He noted that the application is solid and meets the criteria, and the store is clean and professionally run but does undercut local businesses, something that will hurt the existing businesses. He suggested that one condition should be that if the store is closed for a period of time, the license would lapse and Liquor Junction would have to reapply for the license. He expressed some concern that this business would be displaced from the 632 Main Street location due to renovation of the building. He suggested that the Board make reapplication as a condition should this situation occur. He also requested that there be an agreement between the parties to return to the Board and share what is going on along with plans for the business. The Vice Chairman reiterated that he is concerned that this business will be displaced. Attorney Tarby pointed out that there is a provision in the lease that allows relocation within three years, or alteration of hours, requires approval from the Board Selectmen. He informed the Board that his clients have no problem with the name change request. Selectman Grenzeback noted that this business plan is compatible with the work done on the Town Center Revitalization Plan. Attorney Tarby clarified that no construction will take place for three years and if his client has to vacate the premises, the Board of Selectmen would have to either approve 9 P a g e

10 or deny relocation. investment. He pointed out that his clients are making a substantial *On the Motion: In favor: Grenzeback, Whitehead Opposed: Bettencourt VOTED. At 9:00 PM, Selectman Errico and Selectman Goluboff returned to participate in the meeting. Asa Fletcher Fund Working Group Needs Assessment Update Present: COA Director Phillip Beltz and COA Board Member Tom Howley Town Manager informed the Board that it is his belief that the Town will benefit as a whole, as will the various stakeholders who were asked to make a contribution to get this project completed. Each group agreed to contribute financially and the recommendation going forward is to use some of the Asa Fletcher Fund resources as a supplement. Director Beltz noted that it is not possible to reduce the scope of the needs assessment, thus the idea for seeking some financial assistance for payment. As of this time, a minimum of $15,000 is committed. The Director explained that it is important to market and make expenditures from the Fletcher Fund to benefit many elements. He pointed out that the Farmer s Market is a community hub and is therefore contributing $1,000 in funding assistance. He informed the Board that his hope is that the Board will consider use of the Asa Fletcher Fund to supplement the contributions. Town Manager informed the Board that he believes that the Housing Partnership Board should contribute to this at a minimum of $5,000 as the balance in the Housing Fund is approaching $1,000,000. This commitment would reduce the burden on the Asa Fletcher Fund. Town Manager noted that the Board of Selectmen controls the expenditures from the Housing Fund. Director Beltz reported that Health Director Jennifer Murphy has expressed strong support for this effort. He noted that a grant has just become available and could provide an additional $6,000 towards the needs assessment effort. Tom Howley explained that the intent is to provide a data driven draft profile of the Winchester community. The feeling is that information will be provided about those who are most in need as well as where there are service gaps. All of the organizations contributing to this effort felt that this is important, as well as setting up a process for engagement. Mr. Howley noted that the actual cost will not be known until the RFP is issued. 10 P a g e

11 In answer to the question about potential bidders / responders to the RFP, Director Beltz indicated that universities and organizations who do strategic planning would be the likely responders. Other responders could be faculty members doing research, assistant professors, and consulting firms that do needs assessments. There should also be some consideration as to who to get the word out in order to obtain responses. Chairman Whitehead raised the question of how the focus group would get people in who need services to admit that they need those services. Vice Chairman Bettencourt indicated that this tool would be a stepping stone to create a network of agencies to leverage the value of the resources. Mr. Howley pointed out that there will also have to be an effort made to disseminate the information about the available services easily accessible to the public. The Chairman indicated that the needs assessment will allow for development of on-line resources. Selectman Grenzeback explained that the survey will reveal the needs of the community, and a commitment to further participation all within the restriction of the Asa Fletcher Fund guidelines. Selectman Errico noted that $7500 is coming from the Housing Fund and up to $7500 from the Asa Fletcher Fund, but if the responses to the RFP are less, questioned how the mechanics would work. He questioned whether any thought had been given to limiting the scope of the RFP if the responses received are more than $30,000. *Motion: That the Board of Selectmen authorize an expenditure of $7500 from the Selectmen s Housing Fund and up to $7500 from the Asa Fletcher Fund with that expenditure to be reduced if additional funding becomes available through other sources. Grenzeback Bettencourt All in favor VOTED Council on Aging Update Executive Director Phillip Beltz Director Beltz informed the Board that the Council on Aging works in collaboration with the Winchester Seniors Association and the Seniors Association Trust. Staffing consists of a nurse and social worker, however there are volunteer attorneys, drivers, accountants, etc. The COA serves about 1,000 people each month. COA oversees the community reimbursement tax abatement program, sponsors the Savvy Senior Symposium and started a Memory Café this year. Support groups are also offered. There is also an energy savings program that offers rebates to seniors for energy related work in their homes. Town Manager informed the Board that Director Beltz undertook the effort to join the services provided by the COA and the Winchester Seniors Association and is now the director of the Jenks Center with the whole effort being to provide unified services. Town Manager credited Director Beltz for taking on this initiative, as well as in doing 11 P a g e

12 a great job. Director Beltz commented that the big focus has been on making the Center welcoming. Selectman Goluboff referenced the volunteer activities that are available but questioned whether there could be more added. Director Beltz indicated that it is nice to have a menu; at the schools seniors are monitors; seniors provide assistance in the library, Town Hall and with meal preparation at the Council on Aging. He noted that a senior must be a homeowner to qualify for the program. He pointed out that the departments that utilize volunteers are happy and the volunteers are happy to be of service. Town Manager indicated that the Board could vote to increase the real estate tax abatement that is a part of this program from the current $1,000 to $1,500. EFPBC Reappointments: Robert Deering and Charles Tseckares Term to Expire: March 31, 2020 [Mr. Tseckares is a joint reappointment with the School Committee.] *Motion: That the Board of Selectmen reappoint Robert F. Deering and Charles Tseckares to the Educational Facilities Planning and Building Committee for a term to expire March 31, Grenzeback Errico All in favor VOTED COMMUNICATIONS AND WORKING GROUP REPORTS The Board acknowledged receipt of the following correspondence: 1. Colleen D. Hertel retirement for COA membership 2. Virginia M. Braga, 41 Lake Street DPW Wall concerns. Adjournment *Motion: That the Board of Selectmen adjourn for the evening. ` Grenzeback Goluboff Roll Call: Goluboff, Errico, Grenzeback, Bettencourt, Whitehead VOTED Respectfully submitted, Richard C. Howard, Town Manager 12 P a g e