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HomeMy WebLinkAbout2012-08-21 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING AUGUST 21, 2012 Goldv, Tafova, Schubert, Arena, Bonazoli Hechenbleikner LeLacheur 4b) Move that the Board of Selectmen place the following name into nomination for one position on the Mystic Valley Elder Services Board with a term expiring September 30,2015: Rheta McKinley 5a) Move that the Board of Selectmen close the hearing for licensing of gasoline storage in the underground parking garage at 4 Summit Drive. Move that the Board of Selectmen approve the License for storage of 1,005 gallons gasoline in the underground parking garage containing 67 spaces at 4 Summit Drive in accordance with Chapter 148 of the Massachusetts General Laws. 5b) Move to the close the hearing on making Green Street one way from Ash Street to High Street and the "all way" stop at Green and Ash Streets. Move that the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, Appendix A16 "One Way Streets", be amended by adding the following: STREET DIRECTION Green Street From Ash Street to High Street proceeding in a westerly direction and Move that the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, Appendix A12 ""Obedience to Isolated Stop Signs", be amended by adding the following: STREET Ash Street at Green Street - northbound and southbound drivers Green Street at Ash Street - westbound drivers 6a) Move that the Board of Selectmen approve the minutes of July 24, 2012 as amended. 8a) Move that the Board of Selectmen approve the Executive Session minutes of July 10, 2012 as written. SG BT RS JA JB Move that the Board of Selectmen adjourn the meeting at p.m. 6) TOWN MANAGER'S REPORT Tuesday, August 21, 2012 Administrative matters ♦ Volunteers still needed -for the Bylaw Committee; Conservation Commission, Cultural Council, Finance Committee; Trails Committee; West Street Historic District Commission; and Zoning Board of Appeals. ♦ Board, Committee, and Commission training is being offered by the Town Clerk on the following dates/times: August 25th 9:30 AM to 11:30 AM - Police Community Room August 29th 7:30 PM to 9:30 PM - Police Community Room September 10th 7:00 PM to 9:00 PM - Police Community Room September 18th 3:00 PM to 5:00 PM - Board of Selectmen's Room September 24th 10:00 AM to 12:00 PM - Board of Selectmen's Room ♦ Old South is conducting a community wide fundraising campaign to repair and restore the steeple and bell tower. While this is on church property, it is really a community asset, and the Town would be worse off if the steeple and bell were no there. For more information and to make a donation, go to www.readinasteevle.ora Communitv Services ♦ Mosquito spraying - in response to a positive test of a mosquito in a Reading trap. ♦ Retail Visioning Workshop - scheduled for September 12, from 8 to 10:30 am to offer assistance to existing businesses. ♦ Vacant Properties - Working with a list of about a dozen properties to upgrade and conform to recently adopted general by-law establishing minimum maintenance standards. ♦ South Main St. Signalized Pedestrian Crossing - CPDC has identified a potential location - we will be reviewing it with the Board of Selectmen at a meeting in September. ♦ MBTA Vine Street Parking Lot - We are working on a license agreement from Transit Realty Associates for Reading to use the MBTA Vine Street Parking Lot (currently underutilized) and to also permit the Town to undertake needed maintenance of trees on MBTA property. Finance ♦ Library funding Library ♦ The Library had their always popular Vehicle Day today with a large number of interesting vehicles and a good crowd of youngsters. Public Safetv ♦ Hiring process for police patrol Officers. 8/21/2012 0 TOWN MANAGER'S REPORT Tuesday, August 21, 2012 Public Works Street Paving - next projects: • Main Street (Washington St to the Railroad Tracks), • Garrett Road • Boswell Road • Irving Street • West Street (thin overlay over water trench; Arcadia to Woburn St). Curbing/Sidewalk ♦ Haven Street - (Contractor experiencing materials delay) ♦ 8 additional tree wells in downtown have been treated with the poured in place rubberized matting, ♦ Mineral Street - RMLD getting access rights addressed Utilities ♦ Haverhill Street water main replacement completed; Water services completed. Contractor is cleaning up staging site at Charles and Haverhill ♦ Howard Street water main - Summer to West Dates September 6, 2012 - State Primary Election September 9th - Reading Fall Street Faire 8/21/2012 2 0 Dermot J. Kelly From: Formichella, Michael (DOT) [michael.formichella@state.ma.us] Sent: Monday, July 16, 2012 11:53 AM To: 'Dermot J. Kelly' Cc: Karas, Mike (DOT) Subject: Permit 4-2011-0158, Reading, Route 28 Attachments: restripe plan.JPG; r3-8sp.JPG Hi Dermot, The District Traffic Section has been made aware of and has observed the Route 28 at South Street Intersection not functioning properly. After review by engineers in the section, the recommended changes are: 1). The lane configuration at the South Street eastbound approach to Route 28 should be modified to one Left- Turn/Through lane and one Right-Turn Only lane. 2). The right turn lane shall contain a minimum of one detector. 3). The pavement markings should be striped as shown (for two 10 foot lanes) in the attached restriping plan .]pg. 4). Additionally an R3-8 sign (attached) should be posted. Please look at the suggested modifications and let me know your thoughts. Thanks, Mike From: Dermot J. Kelly rmailto:dkellv(d)i dikinc.com1 Sent: Thursday, June 28, 2012 4:47 PM To: Formichella, Michael (DOT); Arthur, Dietrich C)MHD.state. ma.us Cc: George J. Zambouras; Mark Mastroianni; Mike Rosati; Paul A. Marchionda; Reid Blute Subject: Mike attached is a Preliminary Draft Punch List for Main/South Street intersection in Reading, MA. Could forward it to Art. Thanks. Sincerely, DERMOT J. KELLY ASSOCIATES INC. Dermot J. Kelly, PE, PTOE President DJK Associates, Inc. 280 Main Street, Suite 204 7/19/2012 4:57 PM t 4 n S o J ON oN is a= d ' ) 6 _ Q 2 2 gg ~K 2Q 3 n n n n n M n o 5~ ¢ kt A S~oA OROQ w gm.Y O (D (D O r n f o f S~ 2S s~~ W m o I N EEr (Route 28) 51R MAC ------p _ 12 a X_ SNlO. ¢ rc j " mw`o 0 ~ .v 1 553JJtl JN . . 553JJy ON O ~n ~ Z m 15 191 \ < z<w ~i SNEN 4 dow ~w R N lug- n in w ao - G' zFWw z N aw¢°z ~ Z Q Y yy W ~ ~ 9' 5 \ a e~ \ a R I e I a SO -H S- i C1 W I C ~ ,J.`",£Y.a .a!,zlP% ~°,"•,:.>e.;. •:r?~eYe.v.:' ;.r\C\\\\\\`\.`\\"C,,. ~5\:: ~':i'i t F son z C '410 v 2012 U 2I p 10• 8 August 17, 2012 Reading Board of Health Town Hall Reading, MA 01867 Subject: Eastern Equine Encephalitis Virus Gentlemen; Except for spraying, what is the Reading Board of Health's responsibility to the towns' residents in response to the EEE infected mosquito found in Reading? I understand that approximately 1/3 of the people who contact this virus die, and it has been located on Haverhill Street. Also, just around the corner is a new September crop of aggressive mosquitos. I would like to be added to your next meeting Agenda to review the town's response to this very serious problem. Thank you, Curt E. Nitzsche 453 Haverhill Street Reading, MA 01867 781-944-3669 V cc: Reading Board of Selectmen Page 1 of 2 Hechenbleikner, Peter From: Julie Higgins [irene@readingnreadingchamber.ccsend.com] on behalf of Julie Higgins [rnrchambercom@aol.com] Sent: Tuesday, August 21, 2012 2:20 PM To: Town Manager Subject: Don't Miss Your Chance to Participate in the Chamber's Next Buy Local Weekend! Deadline: 8/24 Having trouble viewing this email? Click-here. a Buy Local in Reading and North Reading The Chamber's next Buy Local event will be held September 1.4-16. Many businesses will be offering; "Buy Local" specials throughout the weekend. BUY UNIQUE BUY LOCAL More money stays in your community. :Von-profits receive greater support. .Environmental impact is reduced. Customer Service is better. Support those who support you. 8/21/2012 r The Chamber's Buy Local team. is working hard, to ixrake this a oi:lrer successild weekend. for our businesses! 'I'o participate and be included in the flyer, please contact Leslie Leahv by August 24th.. And rernernbe,r.. The leading ball Street .Faire is only a niont11 awav? The Clzanib r will Dave a table at the Fare and will he actively promoting this Buy Local weekend by showcasing; our l3uy Local banner, giving away Buy Local balloons and handing out a 'flyer listing all the participatirig busille;sses and their Buy Local. Specials. Don't nri: s this great opportunity to reach thou-sands of potential customers! Page 2 of 2 of Forward email 'this email was sent to townrnanager@d,reading.ma.Lis by rm0ambercomCa.41.,.com i Update Profile/ Email Address Instant removal with Safe Unsuhscribg " (Privacy Policy. RNR Chamber of Commerce PO Box 771 ! Reading ( MA 101867 8/21/2012 6~ August 16, 2012 Town of Reading 16 Lowell Street Reading, MA 01867-2684 Website: www.ci.reading.ma.us To the residents of Wescroft/Springvale Road, Reading, MA 01867 i , 4.), Reading Health Division Phone: 781 942-6618 Fax: 781 942-9071 The Reading Health Division has recently received complaints of rat sightings in the area. I believe the best strategy to control this issue is for individual residents to be aware of the potential for rodents and take all the necessary steps to prevent them from being attracted to their personal property. I am providing some important information and recommendations that you may find helpful to alleviate the situation. Sincerely, oan Vitale Health Inspector 0 Z~. BELOW IS A LIST OF THINGS YOU CAN DO TO CONTROL AND ELIMINATE THE RAT POPULATION IN YOUR AREA. RAT PROOF YOUR DOME BY FOLLOWING THESE SIMPLE GUIDELINES: I . Use sheet wire mesh and sheet metal frame;on openings that are located on vents and windows. These rat-probfing materials will prevent rats from-gaawing and regaining entry* into your home. 2. Metal guards should be used around pipes and wires. Be sure to seal entries carefully so that, they will be secure. 3. Basement floor and foundation entries must be repaired with concrete. Wood should not.be used to seal off entries found in these locations. Rats are.able to gnaw through wood and therefore wood would not permanently keep the rat from reentering your home. 4. Seal all holes in walls with plaster. 5. Wooden doors on ground level, doors that lead to fire escapes, or stairways with irregularities at the bottom should be fitted with metal flashing. . "GET RID OF RAT E ARBORAGES: Harborage provides homes for rats-and convenient places for them to nest and breed. 1. ABANDONED CARS: If the vehicle is on private property the owner of the property must remove it. 2. ABANDONED BUILDINGS: should be adequately boarded.. Buildings that are not boarded should be reported to the local building department. 3. ABANDONED APPLIANCES: (Washing machines, stoves, and old refrigerators) should not be stored on the property. They should be removed and properly disposed of. Note: Doors must be removed from refrigerators. 4. RUBBISH & GARBAGE: All rubbish and garbage must be stored in rat proof containers with tight fitting covers. All dumpsters should be kept closed and prevented from overflowing. Remove any source of water that would be accessible to rats. 5. TALL GRASS & WEEDS: Should be kept cut short enough to prevent rats from nesting and hiding. 6. STACKS OF LUMBER: Provides comfortable places for rats to nest and breed. To prevent this, stacks of lumber" should be neatly stacked 12 to 18 inches above the ground and spaced away from walls or fences. SOME OTHER GUIDELINES YOU MAY USE: 1. Remove all uneaten pet food and water after pet has eaten. Do not leave pet food containers outside. 2. If you observe rodent activity, do not continue to use bird feeders or feed birds in other ways. Reading Police Department Hiring process. Upon leaving civil service on July 1, 2012 the Reading Police Department embarked on this new process of hiring police officers outside of civil service. The first step was researching ways that other non-civil service departments go about hiring. A list of private companies was established based on this research. After speaking with and reviewing those companies Public Safety Consultants LLC, a company with an established history for entrance and promotional exams in Massachusetts was chosen. This company offered an easy systematic approach for the Town. Public Safety Consultants would use their website to register applicants, collect funds for the exam, order the tests, and provide their own proctors to administer the exam and correct the exams, notify all applicants of their scores and organize a list for the Town by grade and alphabetical order. The exam that was used was a general aptitude exam that is used by police agencies not only in Massachusetts but across the United States. This exam is tested for adverse impact. The Town's responsibility was to provide space for the exam to be held, RMHS was used on Saturday July 14, 2012 for the exam. Police Officers were on scene while the exam was being administered and graded. The town received the results of the exam on Tuesday July 17, 2012. The exam was advertised by Public Safety Consultants on their website as well as in local newspapers. Working in conjunction with Human Resources, Carol Roberts and Sgt. David Clark coordinated their advertising efforts. Each college or university in New England that has a criminal justice program was e- mailed the information about the exam and open positions. Veteran's groups, web pages and military installations were notified as well. The job was posted on the CAS website as well as several law enforcement websites and Monster.com. The result: 433 people registered to take the exam. A total of 387 took the exam. Below is the breakdown of the exam by score and by demographics. This information was optional for the applicants to provide and was not provided by every applicant. rN% UP READING POLICE PATROL EXAM,JULY 1 a 1 General Exam Scores: ® 100,-9:5-0= 35 94-8_0m0= 109 89-8-85-0= 8 . 84_8_80..O= 70 79-8-75.0= 32 • 74-8--70-0= 36 • Under 70.0= 19 • Total= 387 a P EXAM Y 14 201 " POLICE READV"Lj 1 20 100 - - 80 60 20 - 0 ~ - A A is READING POLIGE PATROL EXAM JULY 141,2012 ❑ 100-95 94.8-90.0 ®i.8-85.0 084.8-80.0 IM 79.8-75.0 ■ 74.8-70.0 UNDER 70 READING POLIGE PATROL EXAMJULY 14, STATISTICS Applicant Statistics. White= 318 ■ African American= 11 • Hispanic= 30 • Asian= U • American Indian= r • Oth p r= 3 • No Report= 1 • Total= 337 0 MALE. 349 FEMALE-38 6b RS 'D 0 , ep, ~4 READING POLICE PATROL EXAM JULY 14, 201.2 STATISTICS 9% 91% 0 MALES- 349 FEMALES- 38 The Police Department is currently reviewing resumes of all those who passed the exam stressing education and experience as a factor in narrowing down who will move forward in the hiring process. 0 LEGAL NOTICE S ~o~N OF$ f~iy ~ i • ~o`sJ9P1XCOiLQO~•S TOWN OF READING NOTICE OF PUBLIC HEARING To the Inhabitants of the Town of Reading: Please take notice -that the Board of Selectmen of the Town of Reading will hold, a public hearing on Tuesday, August 21, 2012 In the Selectmen's Meeting Room, 16: Lowell Street, Reading, Massachusetts on. 8:00 p.m. The licensing •of the underbround parking garage containing 67 spaces at 4 Summit Drive in accordance with Chapter 148 of 'the' Massachusetts General Laws. .8:15•p.m. . Green Street One- Way from -Ash Street to - . High Street; "All Way" Stop - - Green and Ash Streets A copy of the proposed doc- tamputs:. garding these topics are. available in the Town Manager's -office, 16 `Lowell Street, Reading, MA, M-W- Thurs from 7:30 a.m.. _ 5:30 p.m., Tues from 7:30 a.m. - 7:00 p.m. and are attached to the hearing notice on the web- site at www readingma.gov All interested parties are invited to attend the hearing, or may submit their-comments- in writing or by email prior to 6:00 p.m. on August 21, 2012 to townmanagere ci.reading.mam s' By order of Peter 1. Hechenbleikner- Town Manager . 8/14 12 ~q ~~l Page 1 of 1 Hechenbleikner, Peter From: Burns, Greg Sent: Monday, August 06, 2012 5:00 PM To: Hechenbleikner, Peter Subject: Parking Garages Peter, The requirement for licensing parking garages occurs when more than 793 gallons of gasoline are stored in a building. The figure of 15 gallons of fuel per car is a common calculation used and this works out to 52.8 spaces. In reviewing the buildings in town and those that are under construction or planned to be built we found the only building that needs to licensed (other than 30 Haven Street with 76 spaces) is 4 Summit Drive. Pulte Homes has a several buildings with 51 spaces and their storage is estimated at 765 gallons. We will make all notifications to those buildings such as Pulte Homes they do not need to be licensed. We will be issuing permits to store gasoline based upon the calculated figure. Greg Chief Gregoryj. Sums Reading Fire Department 757 Main Street Reading, MA 01867 (P) 781.944.3132 (F) 781.942.9114 readzr~g2v Please let us know how we are doing -fill out our brief customer service survey at. htto://readinama- survev.virtualtownhall.net/survev/sid/7c8844ebi decdO98/ 8/7/2012 13 ~ GrJv FA-2 (Rev. 05-2009) ~~re tpa~z~tlxa~ua~ 0/' P ~a.c-kmea Vrfll~oean 0/, READING License Massachusetts General Law, Chapter 148 § 13 New License Q Amended License After notice and hearing, and in accordance with Chapter 148 of the Mass. General laws, a license is hereby granted to use the land herein described for the purposes described. Location of Land: d Summit Drive Map 8 Parcel 1030 Number, street and Assessor's Map and ParccT 11) Owner of Land: Summit Terrace Condominium Trust c/o Realty Corp, of Mass. Inc. Address of Land Owner: P. D. Box 920238, Needham, MA 02492 Flammable and Combustible Liauids. Flammable Gases and Solids Complete this section for the storage offlammable and combustible liquids, solids, and gases. All tanks and containers are considered f ll for the purposes of licensing and permitting. (Attach additional pages if necessm y.) PRODUCT NAME CLASS MAXIMUM UNITS CONTAINER QUANTITY gal., lbs, UST, AST, IBC, cubic feet drums Gasoline 1 67 spaces @ 15 gal ea 1,005 gallons Fuel Tanks LP-Las (Complete this section for the storage of LP-gas or propane) ❖ Maximum quantity (in gallons) of LP-gas to be stored in aboveground containers: List sizes and capaeities'of all aboveground containers used for storage Maximum quantity (in gallons) of LP-gas to be stored in underground containers: List sizes and capacities of all underground containers used for storage Total aggregate quantity of all LP-gas to be stored: Fireworks (Complete this section for the storage offirex~orks) Maximum amount (in pounds) of Class 1.3G: Maximum amount (in pounds) of Class 1AG: Maximum amount (in pounds) of Class 1.4:' Total aggregate quantity of all classes of fireworks to be stored: THIS LICENSE OR A CERTIFIED COPY THEREOF MUST BE CONSPICIOUSLY POSTED ON THE LAND FOR WHICH IT IS GRANTED. 14 z+ 3 GIS Coordinates LAT. 71.095808 Lone;. 12-12 Licemse Ntmiber LEGAL NOTICE d OF)? 3 •~6 ls3s-1HCOR40~p~ _.__.....i ' TOWN OF READING NOTICE OF PUBLIC HEARING To the Inhabitants of the Town of Reading: Please take notice -that the Board of Selectmen of the Town of Reading will hold. a public hearing on Tuesday, August 21, 2012 in the Selectmen's Meeting Room, 16: Lowell Street, Reading, Massachusetts on:. 8:00 p.m. The licensing of the underground parking garage containing 67 spaces at ` - ' 4 Summit'Drive in accordance with Chapter 148 of the Massachusetts General Laws: .8:1 5.p.m. Green Street One-Way from -Ash Street to • . High Street, "All Way" Stop - • Green and Ash Streets A copy of the proposed doc- tFp.9!t :regarding these -topics are . avallable in the Town Manager's •dffice, 16 `Lowell Street, Reading, MA, M-W- Thurs from 7:30 a.m..: 5:30 p.m., Tues from 7:30 a.m. - 7:00 p.m. and are attached to the hearing notice on the web- site at www.readingma.gov All interested parties are invited to aftend the hearing, or may submit their* comments, in writing or by email prior to 6:00 p.m. on August 21, 2012 to townmanager@ci.reading.ma.u s By order of Peter 1. Hechenbleikner' Town Manager . 26 8/14 Sb TOWN OF READING In accordance with the provision of Chapter 89, Section 10, of the Massachusetts General Laws, the following street(s) are designated ONE WAY street(s) in the direction indicated. VOTED: The Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, are hereby amended as follows: STREET DIRECTION Green Street From Ash Street to High Street proceeding in a westerly direction shall be one way DATE OF PASSAGE SELECTMEN'S SIGNATURES Y. TOWN CLERK OF READING TOWN CORPORATE SEAL 27 a Sbz I ~ '!r fmgt~ ~ 'Z x•r ~ ~ 4f`~ t + n 1S~'NfdW ~ ` ` - o Ins W IX kt: wa _t, r~~ ottW N Yr {/J i2 Q Q ~:.~tq Asti, 30 W y ■r i ~O ~N ~~y~V r FW 1S HS.t/ i 4 I ~ ~ 6 ja 04 >N O Q { a a UU, u O Z' -J 0: j O W~ 1 ;1 F • A - E • ~ 2°I Hechenbleikner, Peter From harpley@aol.com Sent: Wednesday, August 15, 2012 6:03 PM To: Town Manager Subject: Aug 12th mtg: Green ST One Way Hello, I own 28 Green Street. I didn't know about this hearing until I received your letter today however I'm happy to have an opportunity to discuss it. Making the street one way may reduce accident potential but still not address the commuter parking problem or the fact that the sidewalk is in need of repair and not plowed. Here is the situation on this strip of Green St: 1. The road is very narrow to begin with .and only has a sidewalk on one side. 2. It is hard to back out of the driveway with commuter cars flanking both sides of the driveway, limiting visibility. 3. When there are snow banks commuter cars still park on the street and reduce the road to one car width or less at times. Not safe. 4. For two years when we had significant snowfall I called the Police Dept and asked for no parking signs to be placed on the snow banks, which they did until the snow melted. >But if I hadn't called would it have happened? 5. The sidewalk has never been plowed in the 20 years I have owned the property and pedestrians . are forced to walk in the street. Not safe. >How can that be changed so that it is plowed? Many commuters walk Green St. to get back and forth to the train. 6. When I have had appliances delivered or service trucks in the winter, the road ended up completely closed off because there was no way the truck could turn into the driveway. 7. On the subject of sidewalks there are two slabs of concrete that have heaved to the right of my property and created a significant trip hazard including a washed out area. I took a picture two years ago and emailed it to the DPW but it still has not been repaired. It would be good to fix that for people walking, on bikes and/or pushing strollers to have a safe surface. In summary: I'm indifferent to making the street one way. I'm strongly requesting: 1. Take away commuter parking 2. Inspect and repair the concrete sidewalk. 3. Plow the sidewalk for pedestrians. Sarah Brukilacchio 2.3.3 Policv Establishing an Economic Development Committee There is hereby established a five (5) member Economic Development (Committee) to advise the Community Planning and Development Commission (CPDC) and the Board of Selectmen on' matters related to current and future economic development in the community. The purposes of the Committee are to advise the Board of Selectmen, the CPDC, and the Town Manager on matters of policy related but not limited to: • Develop a work program including the frequency of reporting to the Board of Selectmen and the CPDC; • Develop an Economic Development Strategy consistent with the Master Plan and goals and objectives established periodically by the Board of Selectmen; • Within the Economic Development Strategy, work with staff to obtain additional State and Federal economic developmental grants; • Explore the need for and legality of forming a "property based" and/or "business based" Business Improvement District(s) funded by assessments on all businesses within the individual district(s); • To the extent feasible, encourage commercial development and office leases of downtown space consistent with the traditional atmosphere of a New England Village Center; • Advise the Board of Selectmen, CPDC, and any other Town agency or official as appropriate, on matters related to economic development in the community; • Maintain an ongoing dialogue with business owners and owners of major properties on a pro-active basis to understand how the Town can work with them to achieve their plans; • In order to achieve the above, review options to funding economic development activities in cooperation with other civic organizations. The Committee will be made up of five (5) members 'appointed for 3 year terms, so appointed that as even a number of terms shall expire in each year. In selecting the Committee membership of 5 members, the Board of Selectmen shall appoint all members and shall give consideration to members representing the following interests within the community. • Member or designee of the Reading/North Reading Chamber of Commerce; • Member or designee from the utilities serving the community, including electric, gas, internet access, cable TV, or others; • Merchants or businesses from the downtown area of Reading; • Residents of the community who do not represent the above groups, and who have expertise in planning, economic development, finance, business management, construction, training. and education, marketing, or other areas of expertise and experience which would assist the community in attracting appropriate businesses to the community and otherwise carrying out the mission of the Committee. Subcommittees may be created by a vote of the Committee. Members of Subcommittees do not necessarily have to be members of the Committee. The Committee shall be advisory in all matters. Decisions as to whether or not to implement measures shall rest as appropriate with the Town Manager, the Board of Selectmen, the CPDC, or other body having jurisdiction in the matter. This Committee shall administratively fall within the Department of Community Services. Staff as available will be assigned by the Town Manager to work with the Committee. 4 4 2-6 Board of Selectmen Policies 32 ~ ~ G Page 1 of 1 Hechenblelkner, Peter From: Tafoya, Ben Sent: Thursday, June 14, 2012 11:26 AM To: Hechenblelkner, Peter Subject: Re: EDC policy Hi Pete, i think the current policy is fine. It offers all type of flexibility to the Committee Including formation of sub-committees of non-members. Ben Tafoya 40 Oak Street Reading, MA01867 P: (617) 953-2530 From: "Hechenblelkner, Peter" <ohechenbleikner(@ci.readins.ma.us>- Ddte: Wednesday, May 23, 201210:29 AM To: Reading - Selectmen <Selectmen@ci.readins.ma.us> Cc: "Schena, Paula" <pschenat@ci.readine.ma.us> Subject: EDC policy Attached is a copy of the EDC policy per our discussion last evening. Please do a "track Changes" and send your suggestions back to me for compiiation and further discussion by the 608 with the EDC. 6/14/2012 45 r7 33 SG 2 NV -V 2.3.3 Patiev -stabli,shing an F.con#ttiic Ddveloptitcitf Cotitittift'ee 'There is hereby established a 4Stwven (7)member EcUnarniC. Dcvclopmcnt (tbmmiltesr) t0 work Deleted: five (S) interactively with the Community Planning and Development Commission (CPDC) and the Board or advise -(Deleted: Selectmen on matters related to,pnanorriie development in the community. T1ie purposrs or Ute Catnmittee { Deleted. enRentandfuture are to sstst in the. development. tnYnictnentatlon Arai conduct of s ecific Board of Selectmcn the CPDC, . z - Deleted advtu and the Town Manager,palicie related but not limited to . -1_--___----- Deleted the • Develop cit of~work program fp~ortin to tic Board of:Sclcctmen and the CPDCt {Deleted on matters ot • evelooment and c duct of Economic Develo ent Strafe consistent with the Master Plan and ' ` _ - \ . ' - - - - - ( Deleted Y o - tlrcr smcifi:c goals and objectives established periodically by the Board of Seieotmc Deleted. ` V ' . • Within the Economic Development Strategy, work with staff to obtain additional State and Federal s S Deleted: including the rrequeneyor economic developmental grants; . unnoit and assist the Towns commercial developent_effort s..consistent with the traditional Deleted: Develop ~ - leted: a D atmosphere of a New England Village Center; n e • Advise the Board of Selectmen, CPDC, and any other Town agency or official as appropriate, on Deleted: ai>Explore the need for and legality of forming a "property based" matters related to oneoine economic development in the community; and/or"business based" Business • Maintainp orol`essional relationsitias with town business owners. business or anixations and owners r...._ - - - rmprovementDistri s)fundedb ~sments on all busincsaes Within the ` W.lth them to achieve their Mans while maintainine awareness of ? ,~Vpf C of nlaJor properties, zto individualdistrict(s,J y _ business environment ei an i ~ggvitic5i pono$e qpti(!ns J1Z 5Upjgrt or fuildeconomic development aelliCYQ "the above • T Totbeextent feasible, encourage fraccteeaesof Deleted: and o . , . . ,p downWwny,aee cooperation with other civic organmttons. The Committee will be made up ofpPvcn (7) members afsp inted for 3 year terms, so xppolntzd that-, as even P. number of terms shrill expire in. each year. rn sefectin the Committee membership of 7 members, rho Board of Selectmen sliall appoint all -members and shall give consideration to members representing the following interests within the community: • Member or designee of the Reading/North Reading Chamber of Commerce; • Member or designee from the utilities serving the community, including electric, gas, internet access, cable TV, or others; Readintzz merchants or busines apresentativesD • Residents of the community who do not represent the above groups, and who have expertise in planning, economic development, finance, business management, construction, training and education, marketing, or other areas of expertise and experience which would assist the community in attracting appropriate businesses to the community and otherwise carrying out the mission of the Committee. Subcommittees may be created by a vote of the Committee. Members of Subcommittees do not necessarily have to be members of the Committee. The Committee shall be advisory in all matters. Decisions as to whether or not to implement measures shall rest as appropriate with the Town Manager, the Board of Selectmen, the CPDC, or other body having jurisdiction in the matter. This Committee shall administratively fall within the- Department of Community Services. Staff as available will be assigned by the Town Manager to work with'the Committee. This committee shall sunset on June 30, 2015 unless renewed by the Board of Selectmen. Adeepted 3-7-06, Revised 41JO112 Deleted: an ongoing dialogue Deleted: - Deleted: and Deleted: on a pro-activo basis Deleted: understand how the Town can Deleted: , - Deleted: in order DeteWd: t Deleted: review Deleted: to Deletedging Deleted: five Deleted. 3 Deleted: 5 Deleted: M Deleted: es from the downtown area of Reading 46 G 3 34 Z3.3 Policv Establishing an Economic Development Committee There is hereby established a Seven (7) member Economic Development (Committee) to work interactively with the Community Planning and Development Commission (CPDC) and the Board of Selectmen on matters related to economic development in the community. The purposes of the Committee are to assist in the development, implementation and conduct of specific Board of Selectmen, the CPDC, and the Town Manager policies, related but not limited to: Development of work programs reporting to the Board of Selectmen and the CPDC; • Development and conduct of Economic Development Strategy consistent with the Master Plan and other specific goals and objectives established periodically by the Board of Selectmen; • Within the Economic Development Strategy, work with staff to obtain additional State and Federal economic developmental grants; • Support and assist the Town's commercial development efforts, consistent with the traditional atmosphere of a New England 'Village Center; • Advise the Board of Selectmen, CPDC, and any other Town agency or official as appropriate, on matters related to ongoing economic development in the community; • Maintain a professional relationships with town business owners, business organizations and owners of major properties, to work with them to achieve their plans while maintaining awareness of business environment change • To achieve the above, propose . options that support or fund economic development activities, in cooperation with other civic organizations. The Committee will be made up of seven (1) members appointed for 3 year terms, so appointed. that as even a number of terms shall expire in each year. In selecting the Committee membership of 7 members, the Board of Selectmen shall appoint all members and shall give consideration to members representing the following interests within the community: • Member or designee of the Reading/North Reading Chamber of Commerce; • Member or designee from the utilities serving the community, including electric, gas, internet access, cable TV, or others; " - Reading merchants or business representatives; • Residents of the community who do not represent the above groups, and who have expertise in. planning, economic development, finance, business management, construction, training and education, marketing, or other areas of expertise and experience which would assist the community in attracting appropriate businesses to the community and otherwise carrying out the mission of the Committee. Subcommittees may be created by a vote of the Committee. Members of Subcommittees do not necessarily have to be members of the Committee. The Committee shall be advisory in all matters. Decisions as to whether or not to implement measures shall rest as appropriate with the Town Manager, the Board of Selectmen, the CPDC, or other body having jurisdiction in the matter. This Committee shall administratively fall within the Department of Community Services. Staff as available will be assigned by the Town Manager to work with the Committee. This committee shall sunset on June 30, 2015 unless renewed by the Board of Selectmen. Adopted 3-7-06, Revised 4110112, Revised -1-112 47 sc- q 35 DRAFT 2012 Subsequent Town Meeting TUESDAY November 13, 2012 WARRANT OUTLINE REVISED 08/21/2012 Art. # Article Description Mover/ Moderator Sponsor Comment Notes Program FY 2013-FY 2022 S Approve Payment of Prior Year's Board of Selectmen + Bills 6 Additional funding - Smart Growth Board of Selectmen + Stabilization Fund 7 Additional Funding - Sick/Vacation Board of Selectmen Leave Stabilization Fund 8 Funding Lewis Street, Howard Street Board of Selectmen (West to County Road), and Charles Street (Main to Harrison) sewer work 10 Authorizing debt subject to a Board of Library ♦ Maybe wait til a proposition 2 '/2 debt exclusion for the Trustees Special Town Reading Public Library Meeting in February 11 Street acceptance and discontinuance Board of Selectmen - Jacob Way/South Street 12 Authorizing the sale of Town-owned Board of Selectmen land - Causewav Road 13 Resolution re Transportation funding MBTA Advisory + Board r 8/21/2012 1 2 3 Amending the Capital Improvement Board of Selectmen + DRAFT 2012 Subsequent Town Meeting TUESDAY November 13, 2012 WARRANT OUTLINE REVISED 08/21/2012 14 General Bylaw regulating hours of Board of Selectmen • collection of rubbish and recycling in commercial zoning districts 15 General Bylaw Amendment - add use Board of Selectmen • of non-Criminal Disposition for enforcement of Rules and 16 Amending the Demolition Delay Board of Selectmen bylaw 19 Zoning Bylaw - Parking CPDC • 20 Approve revised Zoning Map CPDC • 21 • 22 • 23 8/21/2012 2 D31 18 Zoning Bylaw prohibiting "Medical CPDC Mariiuana Dispensaries" Page 1 of 1 Hechenbleikner, Peter .From: Deborah Gaul [dgaul@mbtaadvisoryboard.org] Sent: Wednesday, May 30, 2012 11:27 AM To: Deborah Gaul Subject: MBTA Advisory Board Members Importance: High Attachments: Draft Resolution(5-1-12).doc; Resolution cover letter.doc Dear Advisory Board Member: Attached please find a cover letter and draft resolution approved at the last MBTA Advisory Board. We are asking all of the members of the Advisory Board to present it to their fail town meetings, Boards of Selectmen or City Councils for an affirmative vote. We believe that the Governor and the Legislature need to reengage on the issue of transportation funding in the fall and early winter. Remember that the recent fare increase and service cut debate was about fixing a one vear problem and the underlying transportation funding problems facing the Commonwealth have not been fixed. We are asking all the communities in the MBTA Service District to weigh in on this issue through the resolution, so that our voices may be heard. 1 hope that you will take action on this request. We need to stop lurching from crisis to crisis and find a long- term solution to our transportation finding needs. Thanks for your help. Please feel free to contact me with any questions or concerns. Paul Regan Executive Director MBTA Advisory Board 177 Tremont Street Boston, MA 02111 phone: 617-426-6054 fax: 617-451-2054 MBTAAdvisoryboard.org 8/16/2012 38 le MBA Advisory hoard May 29, 2012 Dear MBTA Advisory Board Member Communities: At a recent meeting of the MBTA Advisory Board, your representatives sought a way to be heard on the critical transportation issues facing Eastern Massachusetts. We agreed that by any objective measure transportation funding is inadequate and does not reflect the role and importance of roads, bridges and transit to cities and towns today. Despite news stories, editorials, conferences and actual protests in the streets, there has been little movement towards a real solution to our transportation woes. We recently finished a process started by MassDOT to raise fares and cut service at the MBTA. Almost everyone agrees that the Regional Transit Authorities (RTA's) are underfunded and have been for years. There is a strong effort this year to better fund Chapter -90, but that funding will not make up for the years that communities could not afford to maintain their local roads and bridges. Finally, if you are a community that has tried to go though the Metropolitan Planning Organization (MPO) process, you know that only a fraction of the proposal submitted actually gets funding. Taken together, the signs are clear that there is a crisis in transportation and that the Massachusetts communities are bearing the brunt of it. Your fellow members of the MBTA Advisory Board voted to ask each of our 175 members to consider a resolution calling on the governor and the Legislature to develop a comprehensive and long-term solution to the transportation crisis. Enclosed is a draft resolution that the MBTA Advisory Board is asking each Town Meeting, Board of Selectmen and City Council to consider. We are asking you to pass a version of this resolution between now and next November to keep attention focused on our transportation needs. Tell the Governor and the Legislature that Massachusetts Communities have roads and bridges to maintain, projects we need build and a reliable transit system to serve our citizens. Please pass your resolution and tell Beacon Hill to move past the gridlock. Sincerely, Paul Regan Executive Director Enclosure 177 TREMONT STREET, 4TH FLOOR BOSTON MASSACHUSETTS 42111 ! PH617.d26.60Sd fAX617.e51.2054 -___y-• w_~_________________- 9 q www.MBTAADVISORYBOARD,org pragan.@mbfoadv[soryboord.org Draft Resolution Presented by the MBTA Advisory Board & the 175 cities and town comprising the MBTA Service District Whereas the transit, highway, road, bridge, and rail network of Eastern Massachusetts is an essential component for the economic activity of the Commonwealth, and all of New England, and Whereas the funding to maintain, upgrade, and improve those components of the transportation infrastructure under the control of the Commonwealth those Massachusetts, and its authorities has been inadequate for over a decade, and Whereas the funding to maintain, upgrade, and improve local transportation infrastructure under the control of this municipality, and other through the Chapter 90 program, MPO discretionary funding, and other sources has also been inadequate for over a decade, and Whereas the citizens of this municipality have absorbed MBTA fare increases and reductions in MBTA services, as well as a general deterioration of the highways, roads, bridges, and sidewalks relied upon every days by millions of Massachusetts citizens, and Whereas investing in transportation infrastructure is an investment in the people of this municipality, this region, this Commonwealth, and this nation, and Now be it hereby resolved, that the people of this municipality call upon the Legislature and the Governor to immediately address the operating and capital maintenance issues negatively affecting the transportation infrastructure of this municipality, those of the Commonwealth of Massachusetts, and its Authorities. Be it further resolved that the citizens of this municipality request that the Legislature and Governor act swiftly to devise a permanent and sustainable way to invest in the basic maintenance and operation of the transportation infrastructure of this state; so that it may act as a catalyst economic development, environmental stewardship, and the health and well being of all citizens of the Commonwealth of Massachusetts. 40 2 sus Draft Demolition Delay Bylaw with comments received as of 8-16-12 7.2 Historic Demolition Delav 7.2.1 Purpose The purpose of this bylaw is to provide the Reading Historical Commission with a tool to assist the Commission in its efforts to preserve the Town's heritage and to protect historically significant structures within the Town, which reflect or constitute distinctive features of the architectural, cultural, economic, political or social history of the Town. The ieten purpose of this bylaw is not to permanently prevent demolition even if it ultimately cannot prevent demolition, is to find a reasonable option to prevent complete demolition, but rather to provide owners of such structures with time to consider alternatives, by encouraging owners to seek out ways to preserve, rehabilitate, or restore such structures To achieve these purposes, the Reading Historical Commission is empowered to create a List of Historic Structures, and to provide a copy of that List, as it may be updated from time to time, to the Building Inspector. With the Building Inspector, the Reading Historical Commission will implement the provisions of this bylaw with respect to the issuance of permits for demolition of structures that are included on the List of Historic Structures 7.2.2 Definitions The following terms when used in this bylaw shall have the meanings set forth below. 7.2.2.1 Commission Reading Historical Commission. 7.2.2.2 Demolition Any act of pulling down, destroying, removing or razing a structure or commencing the work of total destruction with the intent of completing the same and/or work requiring a Demolition Permit. 7.2.2.3 Demolition Application An official application form provided by the Building Inspector for an application for a Demolition Permit. 7.2.2.4 Hearing A public hearing conducted by the Commission after due public notice as provided in this bylaw. 7.2.2.5 Legal Representative A person or persons legally authorized to represent the owner of a structure that is or is proposed to be subject to this bylaw. 7.2.2.6 List The List of Historic Structures as it is constituted pursuant to this bylaw. 7.2.2.7 Owner Current owner of record of a structure that is included in or proposed to be included in the List of Historic Structures. 7.2.2.8 Premises The parcel of land upon which a demolished Significant-Struuc#ure structure that appears on the List as defined in 7.2.2.6 was located and all adjoining parcels of land under common ownership or control. 41 7.2.2.9 Structure Materials assembled at a fixed location to give support or shelter, such as a building. 7.2.3 Commission to Establish a List of Historic Structures The Commission will provide a List of Historic Structures to the Building Inspector. This List shall be updated from time to time as needed when properties are added to or subtracted from the List of Historic Structures. The List shall also be provided on the Town's web site or other electronic means of publishing information to the community. This List shall be made up of- • all structures listed on, or located within an area listed on, the National Register of Historic Places, or the Massachusetts Historical Register of Historic Places ; and • all structures included in the Town of Reading Historical and Architectural Inventory, as of September 1, 1995, maintained by the Commission; and • all structures that were added in 2010 pursuant to the processes in existence at that time; and • following the procedures included in Section 7.2.3.1 of this bylaw, all structures that have been determined from time to time by the Commission to be historically or architecturally significant. 7.2.3.1 Procedures for expanding the List of Historic Structures In considering additional structures to be included on the List of Historic Structures, pursuant to section 7.2.3, the following process shall be followed: • The Commission shall prepare, or cause to be prepared, an inventory form, for each structure considered for addition to the List of Historic Structures. The inventory form for each property shall be prepared using a standard form provided by the Massachusetts Historical Commission. The criteria to be used for consideration for inclusion on the List of Historic Structures will include: • The structure is determined to be Importantly associated with one or more historic persons or events, or • The structure is determined to be associated with the broad architectural, cultural, economic or social history of the Town or Commonwealth, or • The structure is believed to be historically or architecturally significant in terms of. • Period, • Style, • Method of building construction, • Association with a significant architect, builder or resident either by itself or as part of a group of buildings; • The Commission will inform by regular US mail each property owner whose structure is being considered for preparation of an inventory form • The owner of each structure for which an inventory form has been prepared shall be sent a notice of a public hearing at least 30 days in advance of the hearing. The notice shall be sent by Certified Mail = return receipt requested - or by service by a Constable. The notice shall include the following information: • that the structure that they own is being considered for inclusion on the List of Historic Structures, • a copy of the inventory form for the structure, • a statement as to the criteria considered in including additional structures on the List of Historic Structures, and • a copy of this bylaw. In addition to the notice of the hearing delivered to each owner, legal notice of the hearing including the street address of all structures proposed to be added to the List of Historic Structures shall be published at the Commission's expense at least 14 days in advance of the hearing in a newspaper of general circulation in the community. Additionally, at least 7 days prior to the hearing a copy of the newspaper notice will be mailed by regular U.S. mail to all property 42 owners within 300 feet of each property containing a structure to be considered for inclusion on the List of Historic Structures At the hearing, the Commission will hear comment from all owners and abutters who wish to be heard, and following the close of the hearing the Commission will make a determination as to which of the structures proposed for inclusion on the List of Historic Structures shall be voted onto that List. The decision as to what properties to include shall be made by the Commission, with the inclusion of a property on the List of Historic Structures requiring the affirmative vote of at least 4 members of the Commission. The vote shall be taken at a public meeting, and the vote may be made either the same day as the close of the hearing, or at a later meeting of the Commission. If at a later meeting, the Commission shall inform each owner either upon closing the hearing or by regular US mail at least 3 days in advance of a public meeting, of the date of the meeting at which the matter is to be further discussed. Nothing shall preclude the Commission from voting to add structures onto the List of Historic Structures at different meetings. 7.2.3.2 Owner's Appeal of addition of a structure to the List of Historic Structures An owner, at the public hearing at which additions to the List of Historic Structures are to be considered, may object to inclusion of their structure onto the List of Historic Structures. At the hearing or such later date as agreed by the Commission, the owner shall submit information or documentation in support of their objection. The Commission may consider their objection at the hearing and/or subsequent public meetings, and the Commission shall not vote to include the structure in question onto the List of Historic Structures until all information supplied by the owner can be-fully considered by the Commission. In considering whether to finally vote to include a structure on the List of Historic Structures the Commission will consider the information provided by the owner, and particularly how the structure meets the criteria established in 7.2.3.1. In addition to those criteria, the Commission will consider the uniqueness of the structure, quality of the materials remaining on the '^-„Tide-and outside of the structure, and. financial or other hardship that might be created to the owner by inclusion of the structure onto the List of Historic Structures. A structure whose owner objects may only be included on the List of Historic Structures if all 5 members of the Commission vote to do so. 7.2.4 Referral of Demolition Aaalications of structures on the List of Historic Structures by the Buildina Insoector to the Commission Upon the receipt of a completed Demolition Application for a structure on the List of Historical Structures, the Building Inspector shall • As soon as possible but not later than 30 days from the submission of a complete Demolition Application, notify the owner that the structure they want to demolish is on the List of Historic Structures, and therefore subject to this bylaw. • Provide the owner with a packet to apply to the Commission for demolition approval, along with a copy of the inventory of their structure, a copy of this bylaw, and a copy of any guidelines that the Commission has adopted regarding the demolition delay process. • Inform the Chairman of the Commission of a pending application under this bylaw. • Obtain an abutters list, at the expense of the owner, of all properties within 300 feet. • Upon receipt of a completed application for Commission demolition approval, determine the completeness of the application. • Notify the Chairman of the Commission who will provide the Building Inspector with alternative dates for a public hearing not sooner than 7 days nor more than 21 days from the determination that the application to the Commission is complete • Arrange for the publication of a legal notice of the hearing, at the owner's expense, in a newspaper of general circulation in the community including the street address of all structures proposed to be demolished. The notice shall be published not later than 7-14 days prior to the hearing. 43 V7 Sj~ • Arrange for a mailing not later than 7 days prior to the hearing, at the owner's expense, of a copy of the newspaper notice to all property owners within 300 feet of the property containing a structure to be considered for demolition. • Immediately forward a copy of the application to each of the members of the Commission. 7.2.4.1 Completed Application The Owner shall be responsible for submitting seven sets of the following information as a completed application prior to the scheduling of the public hearing: • Completed application form (if any) • Description of the structure to be demolished (the inventory is an acceptable document for this purpose); • A demolition plan • Assessor's map or plot plan showing the location of the structure to be demolished on its property with reference to the neighboring properties; • Photographs of all facade elevations; • Statement of reasons for the proposed demolition and data supporting said reasons; • Description of the proposed reuse of the premises on which the structure to be demolished is located. • If applicable, the name and contact information of the Legal Representative; 7.2.5 Public Hearing The Commission will hold a hearing to allow all interested parties to voice their opinions and to present pertinent information concerning the structure, as well as its value and importance to the neighborhood and the Town. The Owner or the Legal Representative will present the requested demolition plan and supporting documentation. The public may present their opinions and additional relevant information. After the presentation and the public comments, the Commission will make one of two decisions: • The presented information is insufficient for the Commission to make a final determination on requested demolition of the Structure. Therefore, the Commission may continue the hearing. A continued hearing shall be not later than 21 days from the initial hearing and the hearing shall be closed within 30 days of the initial hearing. • The presented information is sufficient to make a final determination on the requested demolition of the Structure. Therefore, the Commission shall close the hearing. 7.2.6 Determination of whether the Demolition Delav is Imposed Once the Hearing is closed, a motion shall be made to determine if the loss of the structure would be detrimental to the Town when considering the purpose of this bylaw as detailed in section 7.2.1: • An affirmative vote by 4 members of the Commission will declare that the structure is protected by this Bylaw, and therefore, a demolition delay of up to six (6) months is imposed beginning the date of the vote. • A negative vote by the Commission (affirmative vote of less than 4 members of the Commission) will declare that the structure is not protected by this Bylaw, and the Building Inspector may issue a permit to demolish the structure. The Commission will notify the Building Inspector within seven (7) days of the Commission's decision. If the notice is not received within the expiration of seven (7) days of the close of the hearing, the Building Inspector may act on the Demolition Permit Application with no further restrictions of this bylaw. 7.2.6.1 Demolition Delay imposed The Commission shall advise the Owner and the Building Inspector of the determination that the Demolition Permit will be delayed up to six (6) months. During this time, alternatives to demolition shall be considered. The Commission shall offer to the Owner information about options other than demolition, including but not limited to resources in the preservation field, the Massachusetts Historical Commission, the Town Planner, and other interested parties that might provide assistance in preservation or adaptive reuse. 44 0 Sd61 7.2.6.2 Responsibilities of Owner if Demolition Delay is imposed The Owner shall be responsible for participating in the investigation of options to demolition by: • Actively pursuing alternatives with the Commission and any interested parties; • providing any necessary information; • allowing reasonable access to the property; and by securing the premises. 7.2.6.3 Release of Delay Notwithstanding the preceding section of this bylaw, the Building Inspector may issue a Demolition Permit at any time after receipt of written notice from the Commission to the effect that the Commission is satisfied that one of the following conditions has been met: • There is no reasonable likelihood that either the Owner or some other person or group is willing to purchase, preserve, rehabilitate or restore the structure; The Owner, during the delay period, has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and or restore the structure, and that such efforts have been unsuccessful; The Owner has agreed in writing to accept a demolition permit on specified conditions, including mitigation measures approved by the Commission. Such mitigation could include a demolition of only a portion of the structure; or • A period of six (6) months has elapsed since the conclusion of the Hearing and provided. 7.2.6.4 Appeal of the imposition of Demolition Delay The owner of a structure for which the Commission has imposed a demolition delay may appeal from the imposition of the delay, and/or conditions of the imposition of the delay, by filing with both the (chairman of the Hi_tor-iGal Commission an the Board of Selectmen a written notice of appeal within fourteen (14) days of the date of the decision of the Commission to impose the Demolition Delay. Filing of an appeal will not extend the delay of up to 6 months imposed under section 7.2.6.1 of this bylaw. Within twenty-one (21) days of receipt of the notice of appeal, the Board of Selectman shall convene an appeal hearing. Notice of the hearing rich-shall MnGlude-t-he be sent to the Chairman of the Historical Commission and to the owner or the owner's Legal Representative, for the purpose of adjudicating the appeal. The Board of Selectmen at.the hearing appeal shall review the record of the proceedings before the Commission and input provided by the owner and by Commission representatives. Notice of the hearing shall be given to the parties owner, to the Commission, and to abutters within 300 feet of the property. Within fourteen (14) days of the conclusion of the hearing, the Board of Selectmen will render a decision on the appeal. The decision shall be based on the record of the Commission's hearing at which the Demolitions Delay was imposed;-information provided by the owner or the Commission at the Board of Selectmen hearing; consideration of the purpose of the bylaw as stated in section 7.2.1; how the structure meets the criteria established in 7.2.3.1.; the uniqueness of the structure; quality of the materials remaining on the-outside of the structure; and financial or other hardship that might be created to the owner 7.2.7 Emeraencv Demolition Nothing in this Section shall be construed to prevent the Building Inspector from ordering pursuant to M.G.L. Chapter 143 the emergency demolition of a structure included in the List of Historic Structures. Before issuing an order for an emergency demolition of such a structure, the 45 sd I Building Inspector shall make reasonable efforts to inform the Chairperson of the Commission of his intent to issue such an order. 7.2.8 Enforcement and Remedies In the event a structure on the List of Historic Structures is demolished in violation of this bylaw, then no building permit shall ba issued for the premises for a period of two (2) years after the date of such demolition. Note - the sections.in lboxesi are alternative language for the Board of Selectmen t6 consider Schubert Town Counsel 46 yo Sd~" Page 1 of 1 Hechenbleikner, Peter From: Gary S. Brackett [gsbrackett@brackettlucas.com] Sent: Monday, February 20, 2012 1:19 PM To: Hechenbleikner, Peter Subject: CONFIDENTIAL - ATTORNEY-CLIENT PRIVILEGED COMMUNICATION Attachments: Amp Sound Final for BOS Approval (redline).doc; Sound Bylaw Guidelines.doc CONFIDENTIAL ATTORNEY - CLIENT PRIVILEGED COMMUNICATION RE: Amblified Sound Rules Peter, We have conducted a further review of proposed Rule 4 governing amplified sound which is currently pending before the Board of Selectmen following the 2/14/12 public hearing which, I understand, has been continued to 2/28/12. The test under applicable Supreme Court cases is whether the expression being regulated is "basically incompatible with the normal activity of a particular place at a particular time". Sound amplification devices have been found to be a form of expression protected by the 1St Amendment. Regulations as to same should be content neutral and address the type of time, place and manner restrictions that are appropriate to the location. Some examples of noise ordinances which address sound amplification devices are the Boston Noise Ordinance and the Massachusetts Association of Health Boards' model regulations. Using those models, we have prepared a draft noise by-law for your.review for possible future adoption. Presently, the Town only addresses outdoor loudspeakers as to commercial establishments under Section 5.16 of the Reading General By-laws. As to proposed Rule 4, you asked if we could recommend some revisions to address these issues at this time. Attached is a red-line version of the 2/1/12 draft you sent me. I am available to discuss this with you further at your convenience. Regards, Gary Gary S. Brackett, Esquire BRACKETT & LUCAS 19 Cedar Street Worcester, MA 01609 (tel)508-799-9739 (fax)508-799-9799 This message is intended only for designated recipient(s). It may contain confidential or proprietary information and may be subject to the attorney-client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in error, please notify the sender by reply email and delete this matter. Thank you. 8/16/2012 4 e 1 5~ 1-3 To: Gary Brackett Re: Proposed Sound Amplification Guidelines Date: 2/15/2012 Gary, In assessing the town of Reading's proposed sound amplification. bylaw my general conclusion is that the issue of sound amplification devices would be better addressing in a more comprehensive noise ordinance. The following are my recommendations for the creation of such an ordinance, based in large part on the Massachusetts Association of Health Boards' model regulations and the Boston Noise Ordinance.' § 1. General Prohibition No person shall make or cause to be made any, unreasonable or excessive noise in the Town, by whatever means or from whatever means or from whatever source, except where such person has received and maintains a valid permit from any Department, Board, Committee or Commission of the Town authorized to issue such permit. Such permit granting authorities shall take into account the time and place of the proposed permitted action in the granting of such permits and may condition such permits such as to ensure that the activity is in compliance with the underlying uses of the area in which they are to occur. §2. Definitions. As used herein, the following terms shall have the following meanings: a. Sound amplification device or similar equipment'shall mean a radio, television, phonograph, stereo, record player, tape player, cassette player, compact disc player, loud speaker, or sound amplifier. b. Unreasonable or excessive noise shall mean (defined by time and amount) a. Any noise plainly audible at a distance of 300 feet or, in the case of sound amplification devices of similar equipment, noise plainly audible at a distance of 100 feet from its source by a person of normal hearing. b. Any noise plainly audible at a distance of 50 feet between the hours of 11:00 p.m.. and 7:00 a.m. §2. Disturbing the Peace. It shall be unlawful for any person or persons in a residential area within the Town of Reading to disturb the peace by causing or allowing to be made any unreasonable or excessive noise, including but not limited to such noise resulting from the operation of any sound amplification device, or from the playing of any band or orchestra, or from the making of excessive outcries, exclamations, or loud singing or any other excessive noise by a person or group of persons provided, however, that any performance, concert, establishment, band, group or person who has received and maintains a valid permit from any Department, Board, Committee or Commission of the Town of Reading authorized to issue such permit shall be exempt from the provisions of this section. Any person aggrieved by such disturbance of the peace may complain to the Police about such unreasonable or excessive noise. The police, in response to each complaint, shall verify that the noise complained of does exceed the limit described herein and if so, may thereupon arrest and/or make application in the appropriate 1 Available at httn://www.malib.org/bohref4s/mahbnoise.htm and w%,cv.nonoise/ora/Iawlib/cities/boston.htm 4 S_j l court for issuance of a criminal complaint for violation of M.G.L. c. 272, S. 53, which sets forth the penalties for disturbing the peace. §3. Prohibition Against Loud Amplification Devices in Motor Vehicles. It shall be unlawful for any person in any area of the town to operate a sound amplification device or similar equipment, in or on a motor vehicle which is either moving or standing in a public way or public parking lot such as to create unreasonable or excessive noise. §4. Prohibition Against Loud Amplification Devices in Public Ways or Places. It shall be unlawful for any person in any area of the Town to operate a sound amplification device or similar equipment, in a public way or in any other public place such as to create unreasonable or excessive noise. §5. Prohibition Against Loud Amplification Devices in or on Residential Premises. It shall be unlawful for any person in any area of the Town to operate a sound amplification device or similar equipment, in a dwelling house or on the land or other premises of such dwelling house such as to create unreasonable or excessive noise. §6. Enforcement. Subsections three, four, and five may be enforced by any police officer, any special police officer designated by the Board of Selectmen to do so. The Housing Court may enjoin violation of these subsections. §7. Penalties. (reference any penalties section in the town bylaws). §8. Arrest and Seizure of Property. Notwithstanding the provisions of any other ordinance of the Town of Reading, if a person is arrested by a Reading police officer under the authority of the Massachusetts General Laws, inducing without limitation the provisions of M.G.L.c. 272, § 54 for disturbing the peace under M.G.L. c. 272, §53, or any applicable Massachusetts General Law, the arresting officer may, pursuant to said General Laws, seize any sound amplification device or similar equipment, as evidence. In the event of such seizure for evidence by a Reading police officer incident to such arrest, such amplification device or similar equipment shall be inventoried and held by the. Reading Police Department or its agents, and shall be returned to its owner according to the terms of this section, unless a court of competent jurisdiction orders otherwise. The arresting officer, in addition to any other reports or procedures required of him, shall give the person claiming to be the owner of said loud amplification device or similar equipment a receipt indicating where, when, and for what reason said device or equipment was seized, and for what purpose it is being held. Copies of said receipt shall be filed in the Reading Police Department and shall be made available to the court. No receipt shall be redeemed and no such device or equipment shall be returned to any person unless and until all judicial proceedings that. may be held regarding the criminal allegations shall have been finally completed; provided, however, that if a motor vehicle shall be seized incident to an arrest, such motor vehicle may be returned to its registered owner if said loud amplification device or equipment has been duly removed therefrom with the written permission of the registered owner of said motor vehicle. In such cases, the Police Department shall provide said owner with a receipt for the removed device or equipment as herein provided. §9. Exemptions. 49 E)3 S~I~ The following are shall not he considered unreasonable or excessive noise for purposes of this section: a. Noise from public safety motor vehicles. b. Noise from emergency vehicles which is emitted during an actual emergency. c. Noise which a person is making or causing to be made where such person has received and maintains a valid permit from any department, board or commission of the Town authorized to issue such permit; provided, however, that such noise shall be permitted only to the extent allowed by the license or permit. §10. Severability. If any person or subsection of this section shall be held to be invalid by a court of competent jurisdiction, then such person or subsection shall be considered separately and apart from the remaining provisions or subsections of this section, which shall remain in full force and effect. 50 ( ) Sd-JG Pagel of 3 Hechenblelkner, Peter From: Delios, Jean Sent: Tuesday, July 31, 2012 3:24 PM To: Hechenbieikner, Peter Subject: FW: Right of Way - Haven Street to Brande Court Per request for input on ROW Jean J. Delios Community Services Director/ I`o-wn Planer Toren of Reading 16 Lowell Street Reading, I\•Lk 01867-2685 (P) 781-942-6612 (F) 781-942-9071 Town. Hall Hours as of June 7. 2010 M, W "Ib: 7:30 a.m. - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. - FRIDAY: CLOSET? jdeliosCa,ci.reading.ma.us w,vw.readingma.aov - Please let us know .hoiv the are doing by filling out a brief customer service survey at http://readingma- survey.virtual totvn.hall.net/surv(ay/sid/df~8bdaal6(lb9e6b4/ From: Adams, Virginia Sent: Wednesday, July 18, 2012 10:56 PM To: Delios, Jean Cc: Mark Cardono Subject: Re: Right of Way - Haven Street to Brande Court Hi Jean, I'm assuming engineering has determined that Brande Court does not extend from Chute to Linden St. otherwise Brande should probably remain. Mahlon Brande practiced dentistry but dealt in real estate along with his wife. He developed the lower end of Haven St. near Chute St. in the early 19001s. However, the land near Linden St. once was home to the G.A.R (Grand Army of the Republic) a group of veterans who had served in the Civil War. The Reading G.A.R chapter met from 1889 to 1933 - the last member dying in 1941 at the age of 95. Perhaps the name "G.A.R. Lane" would remind people of the Civil War struggle particularly now, during the 150th anniversary of its beginning. Another member of the RHC supported "Atlantic Way", although we've not officially had a meeting. Many people today will recall the most recent activity in the area - that of the Atlantic Super Mart. It started as a butcher shop in 1922 and expanded through the years. Using "Atlantic" would seem appropriate as well. Please discuss these suggestions with Peter H. as he initiated an earlier email. Thanks. Hope this is helpful. Virginia 8/15/2012 51 5q) ~e Page 2 of 3 On Jul, 18, 2012, at 3:16 PM, Delios, Jean wrote: Hi Virginia I could use your help on this one, please forward to the new chair as necessary. Thanks! Jean Jean J. Delios Community Services Director,/ I'oi Planner Town of Reading 16 Lowell Street Reading, NIA, 01867-2685 (P) 781-942-6612 (F) 781-942-9071 Town Hall Hours as of June 7. 2010 M, W, Th: 7:30 a.m. - S:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. FRIDAY: CLOSED ideliosPeLreading.ma.us m,vw.readinema.. ov Please let us know how we are doing by filling out a brief customer service survey at httn://readingma- survev.virtualtownhall.net/survev/sid/de8bdaa l6db9e6b4/ From: Hechenbleikner, Peter Sent: Monday, July 16, 2012 8:03 AM To: Historical Cc: Delios, Jean Subject: Right of Way - Haven Street to Brande Court Does the Historical Commission have any preference for the name of the Right of Way that connects Haven'Street to the Brande Courte parking lot - to the east of the Oaktree project? Given the long history of the Atlantic Supermarket at that location, I am thinking "Atlantic Court". Peter 1. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781-942-9043 fax 781-942-9071 web www.readinama.aov email townmanacer0ei.readino.ma.us Please let us know how we are doing - fill out our brief customer service survey at 8/15/2012 52 ~t 6 ~-e I would not wish that name on any place. Thanks for the thought though. Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note, new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.nn - 5.30 p,rm Tuesday: 7:30 a,m. - 7:00 p, m. Friday: CLOSED phone: 781-042-0043 fax 1131-9421-0071 web www readin ma.gov ernail town rnanacier(a-)ci.read inq .rna.us Please let us know how we are doing - fill out our brief customer service survey at httr)://readinama-survev.virtualtownhall.net/survev/sid/7c8844eb1 decd098/ From: Mills, William [mailto:wmills@winhosp.org] Sent: Tuesday, August 21, 2012 9:27 AM To: Town Manager Subject: Naming of Roadway to Brande Court Parking Lot I would like to suggest the name of the roadway to Brande Court Parking Lot - Peter Hechenbleikner Wav Bill Mills 8 Leaning Elm Drive q5-?