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HomeMy WebLinkAbout2012-02-14 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING FEBRUARY 14, 2012 Anthony, Goldv, Tafova, Bonazoli, Schubert Hechenbleikner 5a) Move that the Board of Selectmen continue the hearing on the Policy on Amplified Sound in Parks to 7:45 p.m. on February 28, 2012 in the Selectmen's Meeting Room, 16 Lowell Street, Reading, MA. Move that the Board of Selectmen adjourn the meeting at p.m. LEGAL NOTICE . r 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, February 14, 2012 at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,' Reading, Massachusetts on adopting,a Policy on Amplified. Sound in Parks. A copy of the proposed docm uments regarding. this topic is available in the Town Manager's office, 16 Lowell Street, Reading, MA, M7 Thurs from 7:30 a.m. -5:30 p.m., Tues from 7:30 'a.m. - 7:00 p.m. and is attached to the:. hearing notice on the website 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 February. 14;-201-2 to' town manager@ ci. reading, ma, u s By.order of . Peter 1. Hechenbleikner Town Manager 2/9 6 Amendments to Section 4.14 Rules and Regulations Relating to Parks, Playgrounds and Recreation Areas Add to Section 4.14.1, Definitions 1. "Amplified sound" is defined as voice, music or any sound extended above and beyond its normal range by an electronic device or secondary means such as a radio, megaphone or non-electric equipment And re-number the following sections of 4.14.1 Amend Section 4.143 - Rules as follows: RULE 3. No person shall, on any public park, playground, recreation or other area under the jurisdiction of the Recreation Committee in the Town of Reading, solicit the acquaintance of or annoy another person or utter any profane, threatening abusive or indecent language or loud outcry; or solicit any subscription or contribution; or have possession of, or drink any alcoholic beverages as defined by Chapter 138, Section 1, of the General Laws; or play any game of chance, or have possession of any instrument of gambling; or make an oration or harangue or any political or other canvass; or preach or pray aloud; or do any obscene or indecent act; r pla;, any m_ sieal_ in tfumen sound amplifier-, except by written authority from the Recreation Committee or their of use any designee. Add the following RULE 4 to Section 4.14.3, and renumber existing RULE 4 through RULE 11 to RULE 5 through RULE 12: RULE 4. Amplified Sound - Users of public property and abutting residents should have an expectation of quiet enjoyment of the Town's public parks, playgrounds, recreation and other open space areas. This rule recognizes that these properties are the site of some activities which inherently create levels of noise due to customary and usual uses such as fans cheering, referee and coach's whistles,. and bands playing during football games. There is also recognition that as a community the public parks, playgrounds, recreation and other open space areas are the site of occasional community events which use amplified sound such as school field days, community fairs, and fireworks displays, etc. The use of amplified sound in public parks, playgrounds, recreation and other open space areas is not permitted without a permit to be granted by the Recreation Committee or other agency which has jurisdiction over said public property. When permitted, the use of amplified sound shall be controlled by the permit holder such that the volume, direction, and duration of the sound is the minimum needed to meet the purpose of the use of the sound, and which will minimize the impact of the sound on other users of the park, playground, or other public property and its abutters. The intent of this rule is to allow, with a permit from the Recreation Committee or other agency which has jurisdiction over said public property, reasonable and occasional playing of music or use of amplified sound while considering location, content, duration and frequency such as an annual fair, or once a year all-star sports games. The use of amplified sound is not intended to be a routine for recurring events such as play by play announcements for sporting events and other repeated use of music and amplified sound. The permitting authority should consider the frequency of amplified permits per park or recreation site and afford significant consideration to the neighbors abutting the permitted areas as regards to their inconvenience created by said permit. When a permit is granted, a copy of the permit shall be transmitted to the Board of Selectmen at least 3 days before the event at which the music or amplified sound is to be used. Additionally, all permitted dates of amplified sound will be posted in a conspicuous place on the Town's website as well as available by contacting the Recreation Division or head of any other agency having jurisdiction over the public property for which a permit has been granted. Any variance from this rule will require the permitted applicant to petition the Board of Selectmen for such variance at which time a public hearing will be held on the matter. 0 2 COLEMAN LA W OFFICE, P. C. 248 Main Street, Suite 202 Reading, Massachusetts 01867 781-944-8800 Telephone 781-944-3117 Facsimile Mr. Peter Hechenbleikner Town Hall 16 Lowell Street Reading, MA 01867 Re: Affordable Housing Eligible Purchaser Certificate McLaughlin to DeBlasi 261 Salem Street, Unit 6, Building E, Maplewood Village Condominium, Reading, MA Dear Peter: N "+1 I am representing Ms. Dorothy DeBlasi, a purchaser of an affordable unit at the Maplewood Village Condominium. The Department of Housing and Community Development has forwarded an Eligible Purchaser Certificate for signature of the `Chief Executor Officer" of the Town of Reading. Enclosed please find the document. The closing for the Unit is scheduled for 2/17/12. I apologize for the late delivery of the document but I just received it from the DHCD yesterday. I understand that there is a meeting of the Board of Selectmen this evening. As I am unsure who has been executing this type of certificate in the past, I am requesting that either you or the Chairperson sign on behalf of the Town. I will retrieve the certificate from Town Hall once signed. If you or the Board of Selectmen have any questions related to the request please contpcJ/inS,-- hank you in advance for your cooperation. Very, ac a LOCAL INITIATIVE PROGRAM ELIGIBLE PURCHASER CERTIFICATE The undersigned, being the of the Town of Reading (the "Municipality") and being the Chief Executive Officer of the Municipality, as that term is defined in regulations promulgated at 760 CMR 56.00 et seq. (the "regulations") which establish the Local Initiative Program (LIP), and the undersigned, being the Undersecretary of the. Department of Housing and Community Development, the successor agency to the Executive Office of Communities and Development, a department duly organized and existing pursuant to Massachusetts General Laws Chapter 23B as amended by Chapter 19 of the Acts of 2007 with all powers of said executive office and department, or being the Undersecretary's duly authorized designee, ("the Undersecretary"), certify as follows with respect to a certain deed rider annexed to and made part of that certain Deed from Mablewood Villave Development. LLC ("Grantor") to Helen McLaughlin ("Grantee") dated June 28. 2005, filed with the Middlesex South Registry District of the Land Court ("Registry"), in Certificate No. U17584, as Document No. 1381255, as amended by Amendment to Deed Rider dated September 20. 2005 and filed with the Registry in Certificate No. U17584. as Document No. 1400288, (the "Existing Deed Rider"): 1. The Property referred to herein is the Property described in the Existing Deed Rider. 2. Dorothy A. DeBlasi is the eligible purchaser(s) of the Property. 3. The total consideration to be paid to the Grantee for the purchase of the Property is $158250.00. The Resale Price Multiplier to be used in subsequent transactions is 1.62. 4. The conveyance of the Property by the Grantee to the eligible purchaser(s) is in compliance with the rights, restrictions, covenants and agreements contained in the Existing Deed Rider. 5. The eligible purchaser(s) of the Property has executed a new deed rider with respect to the Property (the "New Deed Rider") which is satisfactory in form and substance to the Department of Housing and Community Development ("DHCD") and the Municipality. 6. The Municipality and the Undersecretary hereby acknowledge and confirm that upon the conveyance of the Property by the Grantee to the eligible purchaser(s); the recording of the New Deed Rider executed by the eligible purchaser(s) more fully described in Paragraph 5 hereof, and the recording of this Eligible Purchaser Certificate, the rights, restrictions, agreements, and covenants contained in the Existing Deed Rider shall be null and void. UPCRT 7. All defined terms used herein shall have the definitions set forth in the Existing Deed Rider unless otherwise defined herein. Executed as a sealed instrument this day of February, 2012. Town of Reading. The Undersecretary of the acting by its Chief Executive Officer [signature] [Name] Department of Housing and Community Development 1 Catherine Racer, Associate Director Duly Authorized Designee COMMONWEALTH OF MASSACHUSETTS Suffolk: ss On this 10 day of February, 2012, before me, the undersigned Notary Public, personally appeared Catherine Racer, the Associate Director of the Department of Housing and Community Development (DHCD) duly authorized designee of the Undersecretary, and proved to me, through satisfactory evidence of identification, which was my personal knowledge, that she is the person whose name is signed on the foregoing Eligible Purchaser Certificate and acknowledged to me that she signed it voluntarily for its stated purpose and that it is the free act and deed of DHCD. 3qotary Public A lie V iy~ My Commission Expires:, a a p.' j 3 NICOLE L. ALBERINO sr Notary Public U COMMONWEALTH OF MASSACHUSETTS My Commission Expires D.ece=b. 24» 2013 uPCRT 0 COMMONWEALTH OF MASSACHUSETTS Middlesex South, ss. On this day of , 2012, before me, the undersigned notary public, personally appeared , Chief Executive Officer of the Town of Reading, and proved to me, through satisfactory evidence of identification which was , that he/she is the person whose name is signed on the foregoing EhLyible Purchaser Certificate and acknowledged to me that he/she signed it voluntarily for its stated purpose and that it is the free act and deed of the Town of Reading. Notary Public Commission Expires: UPCRT