The URL can be used to link to this page

Home My WebLink About2012-09-25 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING SEPTEMBER 25, 2012 Goldy, Tafoya, Schubert, Arena, Bonazoli Hechenbleikner 3a) Move that the Board of Selectmen approve the resolution regarding transportation funding. 5a) Move to close the hearing on the application to use amplified sound at Hollingsworth Field. Move that the Board of Selectmen, pursuant to Rule 4 of section 4.14.3 of the Board of Selectmen policies, (approves for announcements and for music)( does not approve) the use of amplified sound for the remaining 6 "Flag Football" games scheduled for 5:30 to 8:30 PM on Saturday evenings, 9 -29, 10 -6, 10 -13, 10 -279 11 -3, and 11 -10 during the remainder of the 2012 season at the Hollingsworth Football Field, subject to the following conditions: ♦ Speakers will be located as directed by the Recreation Administrator and will to the extent possible be oriented away from the nearest residential area on Whittier Road. 5b) Move to close the Warrant for the 2012 Subsequent Town Meeting consisting of / Articles to take place on Tuesday, November 13, 2012 at Reading Memorial High School Auditorium, 62 Oakland Road at 7:30 p.m. 5c) Move to close the hearing for a tree removal at 63 Forest Street. Move that the Board of Selectmen (approve)(not approve) the removal of a 38" diameter oak tree on public property between 63 and 67 Forest Street, at the request of the property owner at 63 Forest Street, subject to the following conditions: 1. 2. 3. E0 5d) Move to close the hearing on restoring Brande Court Parking Lot to two hour parking. Move that the Board of Selectmen amend the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995 by adding to: Appendix A -2 PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS Two Hour Parking All Day in the Business District 8:30 a.m. to 5:00 p.m. (Monday through Friday) Location Brande Court Municipal Parking Lot 5e) Move that the Board of Selectmen approves the negotiated sale of a 3700 +/- square foot "assemblage" parcel of land at the intersection of Pearl Street and Audubon Road shown as parcel 2 on a map entitled "Proposed ANR Plan Pearl Street" by the Town of Reading Massachusetts Department of Public Works dated November 1, 2011, to Peter and Patricia Genovese of 10 Duck Road and that the Board approves the signing of the Purchase and Sales Agreement as negotiated. Move that the Board of Selectmen approves the negotiated sale of a 3700 +/- square foot "assemblage" parcel of land at the intersection of Pearl Street and Audubon Road shown as parcels 3 on a map entitled "Proposed ANR Plan Pearl Street" by the Town of Reading Massachusetts Department of Public Works dated November 1, 2011, to Patricia Crowley of 12 Audubon Road and that the Board approves the signing of the Purchase and Sales Agreement as negotiated. 5h) Move that the Board of Selectmen authorizes the Town Manager to arrange for the bid for sale pursuant to Chapter 30b regulations, one 17,800 + /- square foot parcel at the intersection of Pearl Street and Audubon Road shown as parcel 1 on a map entitled "Proposed ANR Plan Pearl Street" by the Town of Reading Massachusetts Department of Public Works dated 02--1 November 1, 2011, subject to the following minimum bid price and conditions: ♦ Minimum Bid price - $200,000; ♦ Closing — 90 days, subject to extension by the Town for good cause; ♦ Offered in "as is" condition; ♦ Use restricted to one single family home and appurtenant structures , with no further subdivision of the parcel; ♦ Use will exclude application of the parcel as a 40B development; ♦ Driveway access only from Audubon Road; ♦ Buyer pays all closing costs and real estate transfer tax, except Town's legal costs. Move that the Board of Selectmen authorize the Town Manager to arrange for the bid for sale pursuant to Chapter 30b regulations, one +/- 31,614 square foot parcel of land on Lothrop Road known as plat 9 lot 3 on the Town of Reading Assessor's map, subject to the following minimum bid price and conditions: ♦ Minimum Bid price - $250,000; ♦ Closing — 90 days, subject to extension by the Town for good cause; ♦ Offered in "as is" condition; ♦ Use restricted to one single family home and appurtenant structures, with no further subdivision of the parcel; ♦ Prior to construction on the site a plan will be submitted to the Town Engineer showing that a minimum number of trees within 15 feet of the abuttinLy residential properties are to be removed; ♦ Use will exclude application of the parcel as a 40B development; ♦ Buyer pays all closing costs and real estate transfer tax, except Town's legal costs 6a) Move that the Board of Selectmen approve the minutes of September 10, 2012 as amended. Move that the Board of Selectmen adjourn at p.m. Estimated Staff Responsibility Start time future agendas Policy on use of the AHTF Policy on displaying street numbers Review license and permit fees Policy on Trust Fund Commissioners Discuss driveway width issues. Discuss Woburn St. parking License for MBTA parking lot Strout Avenue Master Plan - after Town Forest planning work is done September 25, 2012 Hearing Amplified Sound at Hollingsworth Field 7:30 Resolution re Transportation funding Hechenbleikner 7:45 Close Subsequent Town Meeting Warrant Hechenbleikner 8:00 Hearing Request for tree removal - 63 Forest Street (Jeff Boyd 339 - 927 -2580) Hechenbleikner 8:15 Hearing Restoring Brande Court Parking Lot to 2 hour parking PTTTF 8:30 Approval of Purchase and Sales agreement - Pearl Street and Audubon Road 8:45 Review Street design issues - Oakland Road, Haverhill Street, downtown streetscape phase 2, Pedestrian Traffic Signal on Main Street PTTTF Approval of land sales - Pearl Street; Lothrop Road Hechenbleikner October 9, 2012 Students Office Hour Ben Tafoya 6:30 CAB member update Tax Classification preview LeLacheur Close Warrant for November Election Hearing Establishment of Town Manager Screening Committee Hechenbleikner Approval of betterments, Edgmont and Stewart curbing Zambouras Approval of fence extension - lacrosse field at Birch Meadow Feudo Presentation of Water Distribution study; review of water storage issues - MWRA Zager /Tassi Tentative - liquor license hearing - 622 Main Street Hechenbleikner 10/10/2012 Financial Forum *_Senior 0 October 23,;2012 -- MAPC member update Hearing Change of Manager - Longhorn 8:00 Approval Local Action Units - Johnson Woods Meet with EDC re policy Appointment - Town Manager Screening Committee Discussion - Town Manager profile Tentative Presentation of final report on Saugus and Aberjona Rivers drainage study Thursday, November 1 Senior Center 7:00 p.m. Adopt an Island Reception November 6, 2012` -State Election NO MEETINGS November 13, 2012 - Subsequent Town Meeting NO MEETINGS November 15, 2012 - Subsequent Town Meeting NO MEETINGS November 19, 2012'- Subsequent Town Meeting NO MEETINGS November 20, 2012 Office Hour John Arena 6:30 Tax Classification hearing Approve Liquor Licenses Review Goals December 4 2012 Students Office Hour James Bonazoli 6:30 Approve licenses Approve early openings /24 hour openings Town Accountant Quarterly meeting £ )S E �3 /�/ 4 G- #Y Yf 9 3 fl '�E ✓ 1 3 d �.3 December 18, 2012 Town Manager Performance Evaluation TOWN MANAGER'S REPORT Tuesday, September 25, 2012 Administrative matters ♦ Volunteers still needed —for the Bylaw Committee; Conservation Commission, Finance Committee (2); Trails Committee; Historical Commission, West Street Historic District Commission; and Zoning Board of Appeals. ♦ Last Day to register to vote is October 17 (Wednesday), when the Town Clerk's office will be open until 8 PM. Residents can apply now for an absentee ballot. Absentee ballots will be available about 3 weeks before the election, and the Town web site will have an announcement when the ballots are available. Community Services ♦ Retail Visioning Workshop -. ♦ The Reading Health Division will be providing seasonal flu vaccinations at the Killam School cafeteria on Wednesday, October 3rd, from 2:30pm until 4:30 pm for adults 18 years and older. We ask that you bring your insurance cards so that we may be reimbursed for the vaccinations. The accepted insurances are: The fee for the vaccination without one of the accepted insurances is $10. Please do not get a flu vaccination if you are allergic to eggs or any other component of the flu vaccine. Please wear short- sleeved shirts. If you wish to complete the paperwork in advance, consent forms are available on the Reading Health Department website. Clinics open to Reading residents are also available in Wakefield and Melrose. • The Town of Reading will be hosting the MA DOWNTOWN INTIATIVE 2012 WORKSHOP — "The Economics of Downtown: Identifying and retaining the right retail mix for a healthy local economy." This will be held on October 18 at the Police Station Community Room. ♦ Open House — Northeast Ballet School September 29 ♦ October 11, 2 PM — Ribbon Cutting — Oaktree. Special guest will be Greg Bialecki Finance ♦ Financial Forum October 10. ♦ Assessment update Library Public Safety ♦ RCASA Annual Meeting Thursday, 9 -27 -12 at 7 PM in the Performing Arts Center ♦ Verizon will be visiting several streets — notified the Police Cheif Public Works 9/25/2012 TOWN MANAGER'S REPORT Tuesday, September 25, 2012 • This is the final season for plowing church parking lots, per the transition plan. There are 5 churches that we are plowing and getting reimbursement from. • We have modified the sidewalk plowing route from the east side of Bancroft between Lowell and Auburn Street, to the west side of the street per the Board of Selectmen direction when we discussed sidewalk construction. We are unable to plow Green from Ash to High as requested recently by the Board of Selectmen. • Transportation Conversations • Recycling event: • 504 cars ( up from approx.. 400 last spring) • % container of Styrofoam. • Goodwill had 84 cars and 1.96 tons donated. • Paper Shredding - 2.12 tons • Rigid Plastics - 2.96 tons • Electronics - .95 tons 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 ♦ Mineral Street — RMLD getting access rights addressed ♦ Highland Street sidewalk — may have to wait for next year. Utilities ♦ Howard Street water main — Summer to West is completed, and West to County is in progress. Dates • October 17 — last day to register to vote • November 6 — Election • November 11 — Veterans Day • November 13 (Tuesday) first night of Town Meeting 9/25/2012 2 (J) Hechenbleikner, Peter From: Lee, Stephanie S <stephanie.s.lee @verizon.com> Sent: Friday, September 21, 2012 7:41 AM To: Cormier, Jim Cc: Town Manager Subject: Reading - Verizon Upgrades Chief, Below please find the information regarding the telephone service project for the Town of Reading. If you have any questions, please contact me. Stephanie Lee Regional Director Verizon - External Affairs (617) 743 -5440 Verizon Project: Verizon will begin surveying some customers in the town regarding telephone service improvements. The process will involve Verizon managers contacting existing Verizon customers at their homes. Verizon employees will display their company identification cards and will address any individual concerns. The project will begin Saturday, 9/22 and is expected to complete over the next month. Start Date: Saturday, 9/22 Streets in Reading: VINE HARVARD WINTHROP FIELDING CRITERION FOREST GROVE LAUREL MARK RUSSELL COVEY Hill SUSAN 1 Hechenbleikner, Peter From: pa, massdot (DOT) <massdot.pa @dot.state.ma.us> Sent: Friday, September 21, 2012 4:16 PM To: MassDOTPublicAffairs (DOT) Subject: MassDOT Kicks Off Statewide Transportation Conversation Attachments: Mass DOT—You rVision_flyer2.pdf FOR IMMEDIATE RELEASE CONTACT: MassDOT Press Office September 21, 2012 (617) 973 -8472 MassDOT Kicks Off Statewide Transportation Conversation Meetings to be Held to Help Determine Future of Transportation in MA BOSTON — Friday, September 21, 2012 -- The Massachusetts Department of Transportation will kick off a series of statewide public meetings next week, engaging with residents, community leaders and business owners to discuss the future of transportation in the Commonwealth. Legislation passed in August requires the Department to host at least six public meetings in advance of developing a long -term financing plan for the state's transportation system next year. To ensure that all regions of the Commonwealth are represented, MassDOT will hold 15 meetings. "Every person in the Commonwealth has a stake in our transportation system," said MassDOT Secretary and CEO Richard A. Davey. "Whether someone drives, walks, takes public transit or rides their,bike, there is rarely a day that goes by that they don't interact with the system. These statewide discussions are intended to allow the users of our system to share their ideas, thoughts and proposals for improving and paying for our transportation network for many years to come." Representatives from each division of MassDOT — RMV, Highway, Aeronautics and MBTA/Rail and Transit — will be available to answer questions and provide information. The first meeting will be held in Springfield on Thursday, September 27th. An informational website for residents will be active on Thursday: htt2: / /www. mass. gov /massdot /yourvisionourfiiture Those who are unable to attend the meetings but wish to submit comments can do so at yourvisionourfuture(d dot.state.ma.us September 27, 2012 6 -8 PM October 17, 2012 6 -8 PM November 8, 2012 6 -8 PM Springfield Technical Community Middlesex Community College Quincy High School Auditorium College Federal Building- Assembly 100 Coddington Street One Armory Square, Building 2 Room Quincy, MA 02169 Scibelli Hall Theater 50 Kearney Square Springfield, MA 01105 Lowell, Massachusetts 01852 October 2, 2012 5:30 -7:30 PM October 23, 2012 6:45 -8:45 PM November 14, 2012 6 -8 PM Worcester City Hall I Haverhill Public Library Memorial Building - Nevins Hall 6 Levi Lincoln Room -3rd Floor Auditorium 150 Concord Street 455 Main Street Worcester, MA 99 Main Street Framingham MA, 01701 01605 Haverhill, MA 01830 October 4, 2012 6 -8 PM October, 25, 2012 6 -8 PM November 15, 2012 5:30 -7:30 Pittsfield Public Library Cape Cod Regional Transit PM (Berkshire Athenaeum) Authority Mattapan Branch Library Auditorium 1st Floor Conference Room Community Room One Wendell Avenue 215 lyannough Road 1350 Blue Hill Avenue Pittsfield, MA 01201 Hyannis, MA 02601 Mattapan, MA 02126 October 10, 2012 6 -8 PM October 30, 2012 6 -8 PM November 27, 2012 6 -8 PM UMass Amherst The Conference Center at McGlynn Middle School Campus Center -Room 168 C Massasoit Auditorium 1 Campus Center Way 770 Crescent Street 3002 Mystic Valley Pkwy Amherst, MA 01003 Brockton, MA 02301 Medford, MA 02155 October 16, 2012 5:30 - 7:30 November 1, 2012 6 -8 PM November 29, 2012 6 -8 PM PM Corson Maritime Learning Massachusetts Transportation Fitchburg Public Library Center, 2nd floor Building Auditorium 33 William Street Conference Rooms 1,2,3 610 Main Street New Bedford, MA 02740 10 Park Plaza Fitchburg, MA 01420 Boston, MA 02116 l� C1a� A RESOLUTION Presented by the Board of Selectmen of the Town of Reading 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 resolved, that the Board of Selectmen of the Town of Reading calls upon the Legislature and the Governor to immediately address the operating and capital maintenance issues negatively affecting the transportation infrastructure of the Town of Reading, those of the Commonwealth of Massachusetts, and its Authorities. Be it further resolved that the Board of Selectmen of the Town of Reading requests 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. THE BOARD OF SELECTMEN Stephen Goldy, Chairman Richard W. Schubert, Secretary Ben Tafoya, Vice Chairman James E. Bonazoli John Arena LEGAL NOTICE 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 pursuant to • Rule 4 of Section 4.14.3 of- the- Selectmen's • Policies on Tuesday,..September 25, 2012 at 7:30 p.m. in. the Selectmen's Meeting *.Room, 16 Lowell Street, Reading, Massachusetts .to consider -use of amplified .sound for . music at Hollingsworth Football Field on 9 -29, 10. -6, 10 -:13t 10-27ir 11-03 .. and 11 -1.0 from 5:30.to 8:30' P.m. -A copy of tiie proposed doc- ument-regarding this topic is available in • the Town - Manager's office,: 16 Lowell Street, Reading; MA;, M, -W- iiurs -5:30 - p.m., Tues :from 7 :30 7:00 p.m. and is :attached to the hearing notice on the website -at wwwxeadingma.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 September 25,'2012. to townmanager@ bi.reading. ma.0 By_order of Peter 1. Hechenbleikner Town Manager 9/20 Hechenbleikner, Peter From: Feudo, John Sent: Monday, September 17, 2012 3:47 PM To: Hechenbleikner, Peter Subject: Amplified Sound - Saturday Night Peter, Here is my take on the amplified sound variance request from Carl McFadden. Carl and his crew are vendors for us. They are running flag football. To open their season they had entertainment for the whole family including Music by a D.I. This was approved by the recreation Committee at their meeting on Tuesday, September 11tn I thought the event was festive. The music did not seem too loud to me and 1 did get a lot of positive comments from parents that they liked it and it made it seem like a fun event. That being said; the program does not need a DJ to play music as it is not needed to run the program. However, they did use the microphone to announce rotation of fields and address the coaches and players several times through the 4 hours. I thought that use was certainly practical. I would recommend this be allowed to have the speakers turned facing the press box. I have a hard copy of the permit which I will forward to you. John A. Feudo Recreation Administrator Town of Reading Office:781- 942 -9075 Fax: 781- 942 -5441 ifeudo(aci.reading.mam Website: www.readingma.gov /recreation 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 Please let us know how we are doing - fill out our brief customer service survey at http:Hreadingma- survey.virtualtownhall. net /survey /sid /cec2f035993bd3cO/ �� 13 AMPLIFIED USE PERMIT REQUEST FORM Name /Organization: RBC Sports, Inc Contact for the Event: Carl McFadden Phone Number.. - Email Address Date(s) of the Event: September 15, 2012 Purpose of the Event: Opening night of Flag football Is this event open to the general public: YES NO Location of the Event: Stadium Field Time of the Event: 5:3.0 g- :9opm v : 3 ® r✓► Duration of the Use of Amplified Sound: Same as Above Check all that apply: Equipment: x Use of sound equipment such as speakers, mixers, and microphones _ Use of Musical Instruments -VV Content: x General Announcements [ 1 National Anthem x Music j Sound Effects I have read and understand the Rule 5.2.3 of the Board of Selectmen Policies and Procedures regarding use of amplified sound as it relates to park use and understand the responsibilities that go along with an amplified sound permit. Signature: �-�� L. Date: P�/ I Z 14 N�S l7n P 1,7V: M IXI 7'HA?l 4.14.3 - Rules RULE 1. No person shall damage or break or cause to be broken any windows, doors or other appurtenances of any buildings or structures on any public park, playground or recreation area, or mark upon deface or disfigure any such buildings appurtenances or structure.. RULE 2. No person shall, in any public park, playground or recreation area in the Town of Reading throw any stone or other missile; or have possession of or discharge any destructive weapon, bow and arrow, firearm, firecracker, torpedo or fireworks; or make a fire; or post, paint, affix or display any sign, notice, placard or advertising device; or engage in business, sell or expose for sale, or give away any goods, wares or circulars; or drop or place and leave in place any piece of paper or other refuse, except in the receptacles designated; except with the written authority of the Recreation Committee or their designee and/or other permit granting authority. 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 haran gue or any political or other canvass; or preach or pray aloud; or do any obscene or indecent act; except by written authority from the Recreation Committee or their designee. 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. Unreasonable sound shall be sound plainly audible at a distance of 100 feet from its source by a person of normal hearing. 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, time, 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. 4 -2016 Board of Selectmen Policies Sw� 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. RULE 5. TREES, SHRUBBERY, LAWNS 1. Injury and Removal. No person shall, in any public park, damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Nor shall any person attach any rope, wire, or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area. 2. Climbing Trees, etc. No person shall, in any public park, climb any tree, or wall; or stand or sit upon monuments, vases, fountains, railings or fences or• upon any other property. not designated or customarily used for such purposes. . 3. Hitching of Animals. No person shall, on any public park, tie or hitch a horse or other animal to any tree or plant. RULE 6. No person shall, in any public. park, playground or recreation area in the Town of Reading, bathe except in proper costume and at places designated therefor; nor shall any person loiter or run about or lie upon the areas around pools in bathing costume in a manner deemed inappropriate by community standards. RULE 7. No person in any public park, playground or recreation area in the Town of Reading shall refuse or neglect to obey any reasonable direction of a police officer. RULE 8. No ,person shall, in any public park, playground or recreation area in the Town of Reading promote, or engage in any game of ball or other sport; except within the areas especially provided therefor, or by written authority of the Recreation Committee or their designee. No person shall use or exhibit golf clubs in any public park, playground, or- recreation area. RULE 9. No person shall, in any public park, playground or recreation area. in the Town of Reading, undress or dress put on or take off a bathing suit, except in buildings designated for such use for the purpose of undressing or dressing or putting on or taking off a bathing suit. RULE 10. No person shall operate, drive, or ride an animal, vehicle or motor vehicle upon or over any part of a playground recreation area or any public park in the Town of Reading except where specifically allowed. - - I - RULE 11. ' No person shall, in any public park, playground or recreation area in the Town of Reading stop, stand or park any automobile or other vehicle except in such manner and in such areas as may be designated by signs or by a police officer. RULE 12. No person shall permit a dog under their control to enter upon an artificial turf field or within any fenced area that includes any artificial turf field within the Town of Reading. Artificial turf fields include: the RMHS stadium, Collins Field at Parker Middle School, and the so called Lacrosse field also known as the practice field at RMHS. 4 -211 Board of Selectmen Policies r� DEERING ELINOR READING HOUSING AUTHORITY READING HOUSING AUTHORITY CATHERINE ANN BRUCE FRANK TANNER DR FRANK TANNER DR 67 TENNYSON RD READING, MA 01867 READING, MA 01867 READING, MA 01867 READING HOUSING AUTHORITY FRANK MATHEW E ENGLISH MICHAEL FRANK TANNER DR CLARA B FRANK CATHERINE A ENGLISH READING, MA 01867 79 OAKLAND RD 39 HILLSIDE ROAD READING, MA 01867 READING, MA 01867 THOMAS JOSEPH P DOWNING JOHN K BHAT CHAITANYA SHARON LTHOMAS DOWNING ANN MARIE C/O BENJAMIN R FROST 9 TENNYSON CIRCLE 91 WHITTIER RD 15 TENNYSON CIRCLE READING, MA 01867 READING, MA 01867 READING, MA 01867 DECESARE PAUL M KILEY ROBERT J III BAKER BERNARD W ERIN B DECESARE 25 DEBORAH DR LISA M BAKER 17 TENNYSON CIR READING, MA 01867 71 TENNYSON ROAD READING, MA 01867 READING, MA 01867 IAPICCA PASQUALE M JOHNSON TIMOTHY JOANNE E IAPICCA KAREN LAVARGNA 75 TENNYSON ROAD 90 WHITTIER RD READING, MA 01867 READING, MA 01867 18 6p S��q OWN OF R faOi y y� a e a C,SJ9'1XCOPQO�P� Town of Reading Parcel' Map FYI o Map N6imber: 12 .rrYu• ^. x j �sC 4 0 �10N N T� y ,u W p y r x P§ ti fr �i 2@ � h '4A t v' Jr f _ ..b idly Ufa 4 t } h n M`•• :t B t f Aa RD OWN OF R faOi y y� a e a C,SJ9'1XCOPQO�P� Town of Reading Parcel' Map FYI o Map N6imber: 12 .rrYu• ^. x j �sC Hechenbleikner, Peter From: Kaminer, Bob <bkaminer @ebsb.com> Sent: Tuesday, September 25, 2012 1:30 PM To: Reading - Selectmen Subject: Amplified Sound First off, thank you for your service. I am not in favor of amplified sound, particularly on 7 straight Saturday nights. I can understand an occasional exception as was made by the Recreation Committee when they opened the season, but not for 7 straight weeks. I think it's intrusive on the neighbors and setting a bad precedent moving forward. Thanks for listening. :.• Bob Kaminer 37 Warren Avenue Reading, MA 01867 Hechenbleikner, Peter From: MaryEllen O'Neill <maryellenoneill @hotmail.com> Sent: Tuesday, September 25, 2012 9:34 AM To: Reading - Selectmen Cc: Hechenbleikner, Peter Subject: Amplified Sound Permit Request from RBC Sports We ask that the Board of Selectmen turn down the request by RBS Sports, Inc. for an extension of its amplified use permit at Hollingsworth Field. This request does not meet the standards established by the Board of Selectmen in its Amplified Sound policy. Rule 4 under 4.14.3 specifically states "The use of amplified sound is not intended to be a routine for recurring events..." This rule also cites examples of "an annual fair" and a "once a year all -stars sports game" as activities for which an amplified sound permit would be considered reasonable. A request for seven additional evenings for the same event is excessive and does not honor the intent of the amplified sound policy to accommodate special events while respecting the rights of residents, both neighbors and other users of recreational areas, to the peaceful enjoyment of their homes and parks. An adjustment of the RBC request to allow the use of sound equipment for announcements to coaches and players as recommended by Mr. Feudo would still constitute an excessive use of amplified sound. Those announcement needs can be met in another, less intrusive, fashion by the organizers of the event. Approval of this request as presented or amended would establish an unwelcome precedent that would expand the interpretation of the policy as written and could limit the Board's consideration of future requests. We strongly encourage the Board of Selectmen to hold a firm line on this request and any similar requests for extended use of amplified sound. The Board has adopted a well- considered policy with protection for neighborhoods and flexibility for special occasions and that policy needs to be respected. Thank you, John and Mary Ellen O'Neill 2� Hechenbleikner, Peter From: Judith A. Pickett <japickett@brackettlucas.com> Sent: Monday, September 24, 2012 4:02 PM To: Hechenbleikner, Peter Subject: RE: abutters For zoning issues the notice requirement is .E.c.40A, 311, first paragraph — definition of "parties in interest`' which includes, but is not limited to, abutters to abutter within 300 feet of property line, Under the wetlarid act notice goes to abutter and any property owner within 100 feet of the property line where the activity is proposed and if separated by a booty of water "not unreasonably distant from the project site ". Attorney ,Judith Pickett Brackett & t..mc<a; [ 9 'ed' ar St: -eet Worcester, .M.A 01 609 (t) (5 08) '799-9739 (0 (508) 799-9799 From: Hechenbleikner, Peter Finailto :phechenbleikneN&ci. reading. ma. usl Sent: Monday, September 24, 2012 3:50 PM To: Judy Pickettt (japickettPbrackettlucas.com) Subject: abutters Where is het requirement for legal notice /abutters in state statute or regulations. I believe that it is 300'? For ZBA, ConsCom, CPDC? 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.rn - 5:30 p,rn, Tuesday: 7:30 ra.m, - 7:00 p.m, Fridav: Ci OS ED prone: 781- 942 -9043 fax 781- 942 -9071 webviwy, .rea€ ipg_ya ov email town manacier q)ci.reacting,rna.us Please let us know how we are doing - fill out our brief customer service survey at http:// readingma- surveV.virtuaItownhaI1.net /survey /sid /7c8844eb1 decd098/ vv DRAFT 2012 Subsequent Town Meeting TUESDAY November 13, 2012 WARRANT OUTLINE REVISED 09/25/2012 Art. Mover/ Moderator # Article Description Sponsor Comment Notes :1 :Reports Board of Selectmen Hechenbleikner - Done 2 Instructions Board of Selectmen • Hechenbleikner - Done 3 Establishment of a School Building Board of • Hechenbleikner - Committee Selectmen/School Done Committee / FINCOM 4 Amending the Capital Improvement Board of Selectmen • Hechenbleikner - Program FY 2013 -FY 2022 Done 5 Amending the FY 2013 Budget FINCOM • Hechenbleikner - Done 6 Approve Payment of Prior Year's Board of Selectmen • Hechenbleikner - Bills Done 7 Additional funding - Smart Growth Board of Selectmen • Hechenbleikner - Stabilization Fund Done 8 Additional Funding — Sick/Vacation Board of Selectmen • Hechenbleikner - Leave Stabilization Fund Done 9 Authorizing the taking of a drainage Board of Selectmen • Zambouras -Done easement —Curtis and Walnut Streets 10 Authorizing debt for Sewer I/I Board of Selectmen • Zambouras 11 Authorizing debt subject to a Board of Library • Hechenbleikner - proposition 2 '/z debt exclusion for the Trustees done Readina Public Library 12 Street acceptance and discontinuance Board of Selectmen • Zambouras/Delios — Jacob Way /South Street 13 General Bylaw regulating hours of Board of Selectmen • Hechenbleikner - collection of rubbish and recycling in done commercial zoning districts 9/25/2012 1 DRAFT 2012 Subsequent Town Meeting TUESDAY November 13, 2012 WARRANT OUTLINE REVISED 09/25/2012 9/25/2012 a COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on , 2012 notified and warned the inhabitants of the Town of Reading, qualified to vote on Town affairs, to meet at the place and at the time specified by posting attested copies of this Town Meeting Warrant in the following public places within the Town of Reading: Precinct 1 J. Warren Killam School, 333 Charles Street Precinct 2 Reading Police Station, 15 Union Street Precinct 3 Reading Municipal Light Department, 230 Ash Street Precinct 4 Joshua Eaton School, 365 Summer Avenue Precinct 5 Reading Library, Local History Room, 64 Middlesex Avenue Precinct 6 Barrows School, 16 Edgemont Avenue Precinct 7 Birch Meadow School, 27 Arthur B Lord Drive Precinct 8 Wood End School, 85 Sunset Rock Lane Town Hall, 16 Lowell Street The date of posting being not less than fourteen (14) days prior to date set for Town Meeting in this Warrant. , 2012, the I also caused a posting of this Warrant to be published on the Town of Reading website on '2012. A true copy Attest: Laura Gemme, Town Clerk 1 , Constable 0 TOWN WARRANT OF RFq�'� c J63g�INCORe��P� COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, in said Reading, on Tuesday, November 13, 2012, at seven - thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town' Manager and any other Board or Special Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to establish a School Building Committee consistent with the regulations of the Massachusetts School Building Authority as embodied in 963 CMR 2.10 (3), or take any other action with respect thereto. School Committee Finance Committee Board of Selectmen ARTICLE 4 To see if the Town will vote to amend the FY 2013 - FY 2022, Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 5 To see if the Town will vote to amend one or more of the votes taken under Article 13 of the April 23, 2012 Annual Town Meeting relating to the Fiscal Year 2013 Municipal Budget, and see what sum the Town will raise by borrowing or transfer from available 2 funds, or otherwise, and appropriate as the result of any such amended votes for the operation of the Town and its government, or take any other action with respect thereto. Finance Committee ARTICLE 6 To see if the Town will vote to authorize the payment during Fiscal Year 2013 of bills remaining unpaid for previous fiscal years for goods and services actually rendered to the Town, or take any other action with respect thereto. Board of Selectmen ARTICLE 7 To see if the Town will vote to transfer funds received from the Commonwealth of Massachusetts in payment for development within the Town's 40R Smart Growth Zoning Districts from Free Cash into the Smart Growth Stabilization Fund, or take any other action with respect thereto. Board of Selectmen ARTICLE 8 To see if the Town will vote to transfer funds into the Sick Leave Stabilization Fund, or take any other action with respect thereto. Board of Selectmen ARTICLE 9 To see if the Town will vote to authorize the Board of Selectmen to accept the conveyance of drainage easements located at 152 and 156 Walnut Street which easements are shown on a plan entitled: " Drainage Easement located at 152 and 156 Walnut Street, Reading Ma" upon such terms and conditions and for such consideration as the Board of Selectmen deems to be in the best interest of the Town, or take any other action with respect thereto Board of Selectmen ARTICLE 10 To see what sum the Town Will raise by borrowing pursuant to G.L. Chapter 44, §7(1) or transfer from available funds, or otherwise, and appropriate for the purpose of reconstructing surface drains, sewers and sewerage systems, including the costs of engineering services, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be spent under the direction of the Town Manager; and to see if the Town will authorize the Town Manager, the Board of Selectmen, or any other agency of the Town to apply for a grant or grants to be used to defray all or any part of said sewer construction and /or reconstruction and related matters; and to see if the Town will vote to authorize the Town Manager to enter into any or all agreements as may be necessary to carry out the purposes of this Article, and to see if the Town will authorize the Town Manager, the Board of Selectmen, or any other agency of the Town to apply for a non - interest bearing loan from the Massachusetts Water Resources Authority, and to authorize the Treasurer - Collector, with the approval of the Board of Selectmen, to borrow pursuant to said loan, or take any other action with respect thereto. Board of Selectmen ARTICLE 11 To see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of renovating and expanding the Reading Public Library located at 64 Middlesex Avenue, including the costs of consulting services, audits, plans, documents, cost estimates, bidding services and all related expenses incidental thereto and necessary in connection therewith, said sum to be expended by and 3 v� under the direction of the Board of Library Trustees and the Town Manager; and to see if the Town will authorize the Board of Library Trustees, Board of Selectmen, Town Manager, or any other agency of the Town, to apply for a grant or grants, to be used to defray the cost of all, or any part of, said improvements; and to authorize the Board of Library Trustees and /or the Town Manager to enter into any and all contracts and agreements as may be necessary to carry out the purposes of this Article, subject to approval by the voters of the Town of a Proposition 2 '/z debt exclusion for the Town portion of the cost of the project, or take any other action with respect thereto.. Board of Library Trustees 7.2 ARTICLE 12 To see if the Town will vote to accept the following roads as public ways pursuant to M.G.L. c.82, and to discontinue portions of the following roads, both in accordance with the layouts adopted by the Board of Selectmen and on file with the Office of the Town Clerk: Jacob Way South Street and to authorize the Board of Selectmen to accept deeds of easement and for the fee in said roads; and to authorize the Board of Selectmen to purchase, or take such ways in fee or rights of easement by eminent domain under the provisions of M.G.L. c.79;, or to acquire said lands in fee or rights of easement therein by purchase, gift or otherwise, and to assess betterments therefore pursuant to M.G.L. c.80; and to see what sum the Town will raise by borrowing, or from the tax levy, or transfer from available funds, or otherwise, and appropriate for the acquisition of said lands or easements therein or for payment of any eminent domain damages and for the construction of said ways, or take any other action with respect thereto. Board of Selectmen ARTICLE 13 To see if the Town will vote to amend the Reading General Bylaw by adding the following section 8.11: Section 8.11 Trash Collection No person shall collect, or cause others to collect trash, rubbish, garbage, recycling, offal or other offensive substances (whether from dumpsters, barrels, or otherwise, and whether on the public way, a private way or any lot) after 9:00 PM and before 6:30 AM in any residential district of the Town or within 100 yards of such a district as shown on the then current Zoning Map. or take any other action with respect thereto Board of Selectmen ARTICLE 14 To see if the Town will vote to rescind the entirety of Section 7.2 of the Reading General Bylaw and replace it with the following, Historic Demolition Delay 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 purpose of this bylaw, even if it ultimately cannot prevent demolition, is to find a reasonable option to prevent complete demolition, and to provide owners of such 4 �p IA 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 which work would require 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 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. 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: 5 (9� • 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 In considering additional structures to be included on the List, 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. 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 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, • a copy of the inventory form for the structure, • a statement as to the criteria considered in including additional structures on the List, 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 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 owners within 300 feet of each property containing a structure to be considered for inclusion on the List. 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 6 3 properties to include shall be made by the Commission, with the inclusion of a property on the List 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 at different meetings. 7.2.3.2 Owner's Appeal of addition of a structure to the List An owner, at the public hearing at which additions to the List are to be considered, may object to inclusion of their structure onto the List. 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 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 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 outside of the structure, and financial or other hardship that might be created to the owner by inclusion of the structure onto the List. A structure whose owner objects may only be included on the List if all 5 members of the Commission vote to do so. 7.2.4 Referral of Demolition Applications of structures on the List by the Building Inspector to the Commission Upon the receipt of a completed Demolition Application for a structure on the List, 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, 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 14 days prior to the hearing. • 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. 3► 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 Delay 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. 8 03� 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 • 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 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 referenced in section 7.2.5. 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 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 shall 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 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 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 Emergency Demolition 9 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 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 be issued for the premises for a period of two (2) years after the date of such demolition. or take any other action with respect thereto. Board of Selectmen ARTICLE 15 To see if the Town will vote to amend Article 1, Section 1.8 Non - Criminal Civil Disposition of Certain Violations of the Bylaw, by: • changing the title to read: Non - Criminal Civil Disposition of Certain Violations of the Bylaws and any Rule or Regulation of a town officer, board or department "; • amending the first sentence to add after the word "bylaw" the following: and any rule or regulation of any town officer, board or department; and • deleting the monetary penalties set out in Section 7.1 and adding the following subsections so that Section 7.1 Wetlands Protection should read as follows: • Bylaw Bylaw Title Enforcing Person Penalty Penalty Penalty • Section First Second Additional Offense Offense Offenses 7.1 Wetlands Protection Conservation Commission Conservation Administrator Regulation Section a. Failure to file a Notice of Intent or Request for $300.00 2.H. Determination of Applicability and to receive a valid Order of Conditions or Determination of applicability prior to activity. b. Failure to promptly comply with an Enforcement $300.00 Order c. Failure to record Order of Conditions at the $ 25.00 Registry of Deeds prior to activity. d. Failure to notify the Commission prior to activity $ 25.00 where a Condition of an Order of Conditions or a Request for Determination or a Minor Project permit requires such notice. e. Failure to install and/or property maintain erosion Warning $ 25.00 $100.00 controls (per project). f. Failure to comply with any Condition of an Order of $ 25.00 Conditions or Determination of applicability or Minor Project permit g. Failure to apply for a Certificate of Compliance in a Warning $ 50.00 timely manner. 10 0 h. Conducting an activity subject to the Bylaw and $ 50.00 Regulations after the expiration of a valid Order of Conditions or Determination of Applicability. or take any other action with respect thereto. Board of Selectmen ARTICLE 16 To see if the Town will vote to amend Section 2.0 "Definitions ", Section 4.2.2 "Table of Uses" of the Town of Reading Zoning By -Laws as follows: (note — cross - through represents language to be eliminated and bold represents new language) Section 2.0 Definitions: 2.2.21.2 Medical Marijuana Treatment Center: a not - for - profit entity, as defined by Massachusetts law only, registered under this law, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana products containing marijuana, related supplies, or educational material to qualifying patients or their personal caregivers. 2.2.21.3 Mixed Use: The combining of retail /commercial and /or service uses with residential or office use in the same building or on the same site. (Note: this change is as a result of renumbering) Section 4.2.2. Table of Uses by adding "Medical Marijuana Treatment Center" as a use classified under Business and Services and listed after "Adult Uses ". A 9 9 Tahla of I IRP.R Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 17 To see if the Town will vote to amend Section 2.0 "Definitions ", Section 6.1 "Off Street Parking and Loading Areas" of the Town of Reading Zoning By -Laws as follows: (note — cross - through represents language to be eliminated and bold represents new language) 2.0 Definitions: 2.2.26.1 Public Off - Street Parking Facility: Parking areas which are owned and maintained by the Town that are open to the general public for the use of public parking. This does not include parking facilities which are owned by the Town with the primary 11 F-F PRINCIPAL USES Res RES RES BUS BUS BUS IND S -15 A -40 A -80 A B C S -20 S -40 Medical Marijuana Treatment No No No No No No No Center Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 17 To see if the Town will vote to amend Section 2.0 "Definitions ", Section 6.1 "Off Street Parking and Loading Areas" of the Town of Reading Zoning By -Laws as follows: (note — cross - through represents language to be eliminated and bold represents new language) 2.0 Definitions: 2.2.26.1 Public Off - Street Parking Facility: Parking areas which are owned and maintained by the Town that are open to the general public for the use of public parking. This does not include parking facilities which are owned by the Town with the primary 11 use of providing parking for municipal employees or customers doing business with the Town during normal hours of operation. 2.2.26.2 Remote Parking Facility: Parking areas which are not located on the same lot for the use the parking facility serves. 6.0 GENERAL PROVISIONS AFFECTING ALL DISTRICTS 6.1 Off - Street Parking and Loading Areas 6.1.1 Required Spaces: Off - street Parking and Loading Spaces are required to be provided in accordance with the following provisions: 6.1.1.1 No land shall be used and no building shall be erected, enlarged or used unless off - street parking areas, and off - street loading and unloading areas, conforming in amount and type to that described herein, are provided except that retail stores, offices and consumer service establishments located within three hundred (300) feet of a public off - street parking facility shall be exempted from off - street parking requirements. 6.1.1.2 Off - street parking areas, or loading and unloading areas shall be provided on the same lot as the use they serve, except that the Board of Appeals may permit off - street parking areas to be provided on another lot, but in no event shall such areas be more than three hundred (300) feet distance from the use they serve; provided, however, that in a Business C District, off - street parking areas or loading and unloading areas may be provided on or off the same lot more than three hundred (300) feet distance from the use they serve without such permission from the Board of Appeals so long as they are located within the Business C District and provided such parking and loading rights are evidenced by legally sufficient instruments approved as to form by Town Counsel and filed with the Town Clerk." except the CPDC, by Special Permit, may allow remote parking lots or shared parking. 6.1.1.3 (Note this section is deleted under 6.1.1.3 and renumbered as 6.1.1.7) Off - street parking areas, or loading and unloading areas shall be provided in the amounts set forth in the following table. Where the computation of required spaces results in a fractional number, a fraction of one -half or more shall be counted as one. In the event of a conflict of interpretation as to the category of the principal use, the Board of Appeals shall determine the proper interpretation. Special Permit Criteria: The CPDC may grant a Special Permit for remote parking or shared parking based on the following criteria and other applicable provisions presented in this subsection: (a) The capacity, location and current level of use of existing parking facilities, both public and private; (b) The efficient and maximum use in terms of parking needs and services provided; (c) The relief of traffic and parking congestion; (d) The safety of pedestrians; (e) The provision of reasonable access either by walking distance or shuttle vehicle arrangements; (f) The maintenance of the character of the area. 6.1.1.4 Procedure: ilVA 9 PIJ Filing for a special permit shall follow all procedures required for Site Plan Review under 4.3.3 of this Bylaw. 6.1.1.5 Remote Parking: The CPDC may grant a Special Permit for an alternative location for nonresidential parking subject to the following provisions: (a) the property to be occupied as parking shall be in the same possession by deed, by easement or by written agreement (e.g. long -term lease) as the facility served. All written agreements shall be subject to CPDC approval as to form and length of time and a copy of the agreement shall be filed with and made part of the application for a building or occupancy permit. (b) Except where valet parking or other transportation between sites is provided, the distance between the site of use and its parking area shall be recommended to be four hundred (400) feet with a maximum of six hundred (600) feet. (c) The remote parking area shall not create unreasonable traffic congestion or create a hazard to pedestrians or vehicular traffic. (d) The remote parking area shall be located on property zoned for the same or other non - residential uses as the principal use being served by the parking. 6.1.1.6 Shared Parking Lots: The CPDC may grant a Special Permit for shared parking facilities for nonresidential parking subject to the following provisions: (a) Up to fifty percent (50 %) of the parking spaces serving a building may be used jointly for other uses not normally open, used or operated during similar hours. The applicant must show that the peak parking demand and principal operating hours for each use are suitable for a common parking facility. The approval may be rescinded and additional parking may be required by the owners in the event that the CPDC, after notice and public hearing thereon, determines the joint use is resulting in a public nuisance or other adverse effects on public health and safety. (b) A written agreement acceptable to the CPDC defining the joint use of the common parking facility shall be executed by all parties concerned and approved by the Planning Board as part of the special permit process. Such agreement shall be recorded at the Middlesex Registry of Deeds. (c) Any subsequent change in land uses for which the shared parking proposal was approved, and which results in the need for additional parking spaces, shall require review and approval by the CPDC under this subsection. 6.1.1.7 Off - street parking areas, or loading and unloading areas shall be provided in the amounts set forth in the following table. Where the computation of required spaces results in a fractional number, a fraction of one -half or more shall be counted as one. In the event of a conflict of interpretation as to the category of the principal use, the Board of Appeals shall determine the proper interpretation. Off - Street Parking and Loading /Unloading Requirements: (Note: Parking table does not change, is not repeated here.) 13 @ 6.1.1.8 Phased Parking Spaces: The CPDC may grant a Special Permit for the phasing of parking space construction upon sufficient documentation of circumstance such as building size or use with the following provisions: (a) The total number of required spaces shall be in accordance with the standards set forth in Table 6.1.1.3 and clearly identified on the site plan. (b) The spaces which are not intended for immediate construction shall be labeled "phased reserve parking" on the site plan and shall be properly designed into the overall parking lot layout. (c) No more than 50% of the total required spaces may be designated for future construction. (d) If at any time the Building Inspector and /or CPDC determines that additional spaces may be needed, the "phased spaces" shall be constructed upon formal approval from the CPDC. Or take any other action with respect thereto. Community Planning and Development Commission ARTICLE 18 To see if the Town will amend the Town of Reading General Bylaws by adding the following to section 8.9.4 Public Buildings, Public Property and Public Ways 8.9.4.4 Display of the United States Flag The flag of the United States shall be displayed in or on all Town of Reading, owned buildings or property, The Burbank Ice Arena, The Municipal Light Department, Reading Housing and any other semi government agency in accordance with US Law 94 -344 as may be amended from time to time. No Board, Committee, Commission, Authority, Department, employee or otherwise shall have the Authority to deviate from said law except by order of the President of the United States or the Governor of the Commonwealth if he or she is so allowed by Presidential Order. Petition 14 g and you are directed to serve this Warrant by posting an attested copy thereof in at least one (1) public place in each precinct of the Town not less than fourteen (14) days prior to November 13, 2012, or providing in a manner such as electronic submission, holding for pickup or mailing, an attested copy of said Warrant to each Town Meeting Member. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at or before the time appointed for said meeting. Given under our hands this 25th day of September, 2012. , Constable 15 Stephen A. Goldy, Chairman Ben Tafoya, Vice Chairman Richard W. Schubert, Secretary John J. Arena James Bonazoli SELECTMEN OF READING 3 Memo To: Peter I. Hechenbleikner, Town Manager From: George J. Zambouras, Town Engineer Date: September 20, 2012 Re: Walnut/Curtis — Drainage Easement For the Board of Selectman's discussion, attached please find a draft plan of the proposed drainage easement which would be required to correct the flooding along the rear property line of several private properties on Walnut Street. The Engineering Division did hold a meeting Tuesday Sept. 18th with several property owners regarding the extent of easement and work involved however, at this time it is not known if all the property owners involved are willing to donate the drainage easement to the Town. • Page 1 yo RESE- REC-1 USE I APPROVED DArE, GINAPHIC ��CALL' IN rl'FT .... 1, = '0 ft Call log regarding 152 & 156 Walnut Street Drainage Easement — 9/24/2012 1:15 PM Chris Cole talked with Dan Fleming (156 Walnut Street) to see if either he or his wife would be willing to meet with Chris and George Zambouras to address any questions or concerns that could be answered regarding the proposed drainage easement at 152 and 156 Walnut Street. Mr. Fleming was concerned that by granting the Town an easement to install drainage on his property, it would cost him money. Chris told Mr. Fleming that if the Board of Selectmen voted to make it a Town project, it would not cost him anything. Chris told him that the only way it would cost him anything is if the Board of Selectmen decided not to make it a Town project and the neighbors went ahead on their own and hired a contractor to perform the work independent from the Town. Mr. Fleming thanked Chris for the information and that he would have to discuss the matter with his wife and would hopefully let the Town know by the Board of Selectmen's meeting tomorrow night (9/25/12) whether or not he and his wife were in favor of granting the Town an easement and going forward with the project. 1:35 PM Alicia Fitzpatrick (162 Walnut Street) left a phone message informing Chris Cole that after the informational meeting on Sept. 18, 2012, held with Engineering, herself, Jim Hromadka (152 Walnut Street), and Scott Malstrom (148 Walnut Street), Mr. Hromadka had talked to Mr. Fleming about what took place at the meeting and that he (Mr. Fleming) was now in favor of granting the Town the drainage easement to the rear of his property. (Neither Mr. or Mrs. Fleming were in attendance at the meeting on Sept. 18.) Ms. Fitzpatrick wanted to also thank Chris and George Zambouras for holding the meeting and getting all of the neighbors on board. 1:50 PM Margaret Fleming (156 Walnut Street) called Chris Cole to say that both she and her husband, Dan Fleming, decided that they did not want to have anything to do with the drainage project and that they were not in favor of granting an easement to the Town. 9 a< NEW DICLAND, tt S6a55 PAGE 16 EIR IS sUBO� DSIOry P1 IDll— SOU1HE01 T RED—Y Of DEEDS PUN 1351 OF 2007. "IS SUPERCEDE I FNEVIWSHP TIN 1—D - SUBDIW9p+ PUN OF LAND READING WOODS' BY PLAN IS a AssoaA,ES, D rrn 5 /ta /2Bt t. Av1OPERTr i5 s «OVM As PARCELS s] ]. Ba. BE a TOWN OF READING ASSESSDRS MAP a. 1ME PURPOSE OF TN ALTERATION OF ROOM STREET AN I— WAY qn EASEMENT IS TC BE CREn,EDS ACRES TMLAND OF HOMES OF NEW ENGLAND, LAC FOR TNED BENEFIT OF THE TOWN OF P—TIC FOR U AID DENERnLEl" -, IIIROSEE. 5, L A (AS SHOWN ON MI OF 200]) IS TO BE SUBD"NDEO INTO PARCELS 1. 2. 3, PARCEL 1 REPRESENTS TNAT PORTION OF i IS TO BE RETAINED By PULTE HOMES OF NEW EICTANMO. P TIE E %ISTING IACCE W AY (AN ElISPICTPUBUC VARIABLE M— wAyl IS TO BE DIVIDED INTO ARCEL AMC PARCEL 1. ELy6RREPRESEN TS TIE REMAINING PDRYON OF ME CXIE 1NG .IACC9 WAY 1 REPRESEN SR TI ON— OF T Is TO BE DISCONTINUED BY PYE TOWNR�� WAY RC TEL`J 2. J AS AR[ i0 BE COMBINED TO FORM TIE RELOCATION aND ALTERATION OF JACOB wav�IAV"NG AN AREA OF .16AN . P"" LS a E t0 BE COMBINED TO FORM THE RELOCATION AND ALSRAnOx lY SOUM STREET, HANNG AN AREA PARCELSq ARE TO BE COMBINED TO PARCEL IA TOTAL PARCEL AREA OF t,0]6,5a6x s. F., 21,123 AC. WN- REPRESENTS TIE LAND OF PULTE HOMES OF NEW ENGLAND, IC. '- SOUTH STREET r PUBuC - vAANBLE wDTH LEW- IBV0'05'E 56 2x8'2 Nk iN M�3A k N�i.rE1+1' Lw 5�� EL �� C � 0.1\ se9 WERT Y L 65 Tx N.NO3 "3]'a61v'I 44 Rn " N. 4 P8161 _S J2.15' "i2e1" ° i2Ln`� � aas60 � - v xxr�TT '1]'E 2x0.5]' � r4APEE4 Iry ^ Ina u � 0 117' 4 �t US 61 U�F9 6 ,1,9 •i P.Iem j1s N66J0'Oti'E .—C w-1 $ LX 4 a� - 6a'JBJ2 TRED4k A. n gl PDLTIE xoNES oP Anv ENDIAND LEC � PACCEL U iP2aC.� DOHERINtE4 I Nrv° n Y 4 n6 A B —EN NOD an ESSI PEFER —WE o x I I C1«MA, wRwA W GAMo M L" 4M01'R2«NCR 6ARI �i.il F96 51 { NEI0 —B I N` - R m NI � 4 noz { Ot "VRL !t (P"BrtEO ACCESS ° In U1M E-1, 2615' 25' D GZ"0. LE « -31,50, cRsa' ERM n "pi! x1F�aBmL2s "a �n x1r " pi1 svxnET � TMMO L:rsrw1N0NC¢ SOS 9 B'E OT2 23`W L -Jt ]e' R ->OOW' M- m eec - «B9is 1-w M56 -9011, C LEx- 31.62' SST ' C [fN -Xt 6Y Ab1- ARAAELLE xROrH 50.1,.'5222 -I PUBLIC « x= 4P) }60 ua "i Rrul le yamxrArtAxr I u1L« �u1� IuTMAx .ur Oaxa"m iF xf.°P"ti"s.P v »E.n. 0.a r+ o M L AY 1uLss82 w 4 R- 5.00' D- 2 3]359'55' ®J C LEI V,54 .9Y BRC- 118'3a'a9'W `J ,ID LEGEND RI IT 1 -1 LINE PARIS ACT LINE a t6a Ifi EASEMENT UNE 0- 58'15't 6" UNE OF WAY TO BE D"SCONTINUED F D • GRAN"lE MONUMENT TO BE SET N U MODUUENT FOUND FT TIAi CONFORMS TD THE — AND 6 THIS RE-RS OF REDS OF THE cOMMUONr.[AlM OF u— A—SETTE wa STEPHEN M. NELEECUC, P.L 9, 390x9 DATE i 2 0 F NS k�L APPROVED BY THE TOWN OF READING cOMMUNTLY PLANNING AND DEVELOPMENT COMMUMION DATE'. �/ec It r 20l\ 1NOORSEMEwNT BY T READ" G CpAMUNIiy PLANNING D OPUEENT CWNMISSOM 11 NOT 20NNCRREGUUTIONS L CONF iH 5 G IL Z Z 5 c o N 5 o° LL Q O Q J O- o� 3 m•Drc O a f2 w� z a o01 m = z P WQ Jo 2 W IL N 3 0 3 0 f o Marchionda 01, Associates. L.P. PI. Td CoasMI... 62 Montvale Avenue Suite 1 Stoneham, MA 02180 TEL (]81) 438 -6121 FAl ]81 438 -9654 Em enq�n ringOm rcnionda.com Website: www.mOrchliond0.com DATE: SEPTEMBER 20 \a0]- te1 \SURVfr\SUBD ON?REV.DWG •HEST tB1a .F 9a r i 61 F ,D,M � 3y15N�tlW Mass srerc �� ia�a9u D.tED 1/31/1959 aoe �:mg m .I Ai Y E 1 4 m ° S'g ^m Y�Q per$ > �$c ' j, z: r i q REGISTRY USE ONLY i i Mz8 G� oµ� � SI z s9as.E •ul i p 9x DcscRwnw n.R. N i i ros3 nw ms mg> "go s�o o �av F of "YNBo$3 oNt ei�x S. R�5 F' as _19 Y m`s mt✓ ot?m pia gm$ "my 3 4" 8S A R Fps ooh' m 40° m a m Spg$R. m=n °a x,zc.czHOry a " �N� gin .s�. rn,zcaei. HOn _. U ou8a ODSDt 3.zS�'HOS R� 8v mN tiu� R` ��g o X61 ,D,M � 3y15N�tlW Mass srerc �� ia�a9u D.tED 1/31/1959 a F $. 4 - 'n " ®m°2 kR eS o3p �A' m O o- y' 3 $ c.A ^ 7 3 MODIFIED SUBDNISION PLAN OF LAND d JACOB WAV /SOUTH STREET ALTERATION PLAN Au 4 m ° S'g ^m Y�Q per$ > �$c ' j, z: qy si Ln I 2 REGISTRY USE ONLY READING WOODS READING. MA Reoarea ray PULTE HOMES OF NEW ENGLAND, L.L.C. 115 FLANDERS ROAD WESTBORO, MA 01581 s9as.E 9x DcscRwnw n.R. N ros3 nw ms mg> "go s�o o >gy�gq ' ei�x R�5 F' as _19 Y m`s mt✓ ot?m pia gm$ "my 3 A R Fps ooh' m 40° m a m Spg$R. m=n °a x,zc.czHOry .s�. rn,zcaei. HOn _. U ODSDt 3.zS�'HOS S� 8v tiu� R` �$ A x �g '- f9'60t . \\\�� CAF �' °w esJSk a� ao5�' aT WS 5$m ; ,D,M � 3y15N�tlW Mass srerc �� ia�a9u D.tED 1/31/1959 a F $. 4 - 'n " ®m°2 kR eS o3p �A' m O o- y' 3 $ c.A ^ 7 3 MODIFIED SUBDNISION PLAN OF LAND d JACOB WAV /SOUTH STREET ALTERATION PLAN 4 m ° S'g ^m Y�Q per$ > �$c ' j, z: qy si Ln I 2 REGISTRY USE ONLY READING WOODS READING. MA Reoarea ray PULTE HOMES OF NEW ENGLAND, L.L.C. 115 FLANDERS ROAD WESTBORO, MA 01581 9x DcscRwnw n.R. Hechenbleikner, Peter From: Erin Calvo -Bacci <erin @thechocolatetruffle.com> Sent: Sunday, September 23, 2012 4:25 PM To: Town Manager; Reading - Selectmen Subject: Demo Delay Bylaw Dear Members of the Board: Thank you very much for your time and commitment to hold the public hearing to discuss the appeals process for the Historic Commission additions to the list of potentially significant properties and the demolition delay. Clearly there was strong public support for the two steps of appeal and having the demolition delay appeal go before the Selectman. As a public representative on the working group, I hope the Board will continue to use that input from the community as it contemplates the issue. The Board Meeting left the matter unresolved and next steps in the process unclear. As a member of the working group, please advise me as to how the Board of Selectman intends to proceed to bring this matter to a close. Sincerely, Erin Calvo -Bacci The Chocolate Truffle erinfcDthechocolatetruffle.com www.thechocolatetruffle.com (o)781- 944 -7155 (c) 617 - 797 -3546 Follow us on Twitter Like us on Facebook Check out our new cupcake division: Boston (.,'u cake (id, Sugar, <Spice c� Every= Vig `Olick `, ric r Check us out in Winchester at 18 Thompson Street or special order for pick up in Reading Like us on Facebook 9 _ 2 �, Hechenbleikner, Peter From: Elaine.Webb @vsea.com Sent: Thursday, September 20, 2012 9:46 AM To: Town Manager Cc: elwsail41 @verizon.net Subject: Fw: Statement/Comments by E. Webb - Demo Delay By -Law Hearing 9/11/12 Attachments: demodelay.docx; demodelay.pdf — Forwarded by Elaine Webb /IIS /SEB /Varian on 09/20/2012 09:44 AM — From: Elaine Webb /IIS /SEB/Varian To: townmanger(a ci.reading.ma.us Cc: elwsail41 (a)verizon.net Date. 09/20/2012 09:43 AM Subject: Statement/Comments by E. Webb - Demo Delay By -Law Hearing 9/11/12 Peter, I apologize that this took a few days. Please forward as appropriate. The docx and pdf are the same. Thank you. If you need to reach me for any reason, call my cell 781 307 -1226 Elaine Elaine L. Webb Senior Product Quality Engineer I Varian Semiconductor Equipment I Silicon Systems Group I Applied Materials Office 978 282 -2018 I Mobile 781307 -1226 1710,tt StIC[� FXX.Hfi�N[ The content of this message is Applied Materials Confidential. If you are not the intended recipient and have received this message in error, any use or distribution is prohibited. Please notify me immediately by reply e-mail and delete this message from your computer system. Thank you. Save paper and trees. Please consider the environment before printing this e -mail. The content of this message is Applied Materials Confidential. If you are not the intended recipient and have received this message in error, any use or distribution is prohibited. Please notify me immediately by reply e-mail and delete this message from your computer system. Thank you. ASave paper and trees. Please consider the environment before printing this e -mail. 23 93-1 L1 D To. Peter Hechenbleikner Members of the Board of Selectman Re: Statements Made by E.Webb to BOS at 9/11/12 Public Hearing (9:45pm — 11:OOpm) Please accept this written documentation as a record the statement that I made at the Hearing. This document was created from my hand written notes utilized during my statement. 1. Acknowledge the work of the task force and contributions of the Historical Commission members, BOS members, and Town Manager, Pete Hechenbleikner. 2. Both of the add -in owner appeal processes are critical to this by -law modification. The current process, without the owner appeals, so violates the rights of property owners that it undermines the very worthy intent of the commission with respect to preserving our collective history. 3. The proper body to hear the appeals in section 7.2.6.4 is the Board of Selectman. This was well stated by Selectman Arena. (A note here in support of the appeal in 7.2.6.4 is the case made by Mr. Art Hayden. He and the 97 other property owners who did not come to the Historical Commission Meeting in October of 2010 deserve the opportunity for an appeal. It should also be noted that even those property owners in attendance at the meeting did not have an appeal voice as that was not part of the process at the time. J 4. Throughout the proposed by -law, it is essential that all line items are numbered and not simply bullets. 5. The criteria are missing the critical assessment of the integrity and condition of the structure and of interior elements of the property. This should be added to 7.2.3.2 ad 7.2.6.4. 6. The last statement in section 7.2.3.1 completely undermines the hearing process and the viability of the owner input and appeal. The sentence that reads, `.`Nothing shall preclude the Commission from voting to add structures onto the List of Historic Structures at different meetings. ", MUST be removed. 7. In section 7.2.3.2 there should be a time frame established for the Commission to vote. "The Commission may shall consider -their the owner's 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." This time frame shall not exceed 30 days or the default ruling will be in favor of the owner. S. In section 7.2.3.11 the last paragraph, the notice of a later hearing when the vote will be taken is sent to the owner. This notice should be "5 days" in advance of the hearing to give owners time to adjust their schedules. The current notice is "3 days ". 9. In section 7.2.6.2, bullets 3 and 4 are confusing: 10. In section 7.2.4, bullet 5 is confusing. 11. The "expense to the owner" is excessive; 7.2.4 list of abutters, legal notice of hearing, mailing to abutters, and 7 sets to the commission. The notification of abutters makes no sense and this is 30 & X611 not part of the current demolition permitting process. If this is driven by the historical aspect of this process then the Town or the Commission should be paying the costs of the notifications to abutters. 12. The time frames in this entire process are excessive as they are accumulated. Currently; a. 7.2.3.1— 7.2.3.2 is 30 days, HOWEVER as noted above ( #6) due to the last sentence in 7.2.3.1 this time frame is actually unlimited. b. 7.2.3.2- 7.2.6.3 can take 109 days plus the 6month delay c. 7.2.6.4 can take 49 days . 13. The financial hard ship to owners stems from the time delay impacting the owners desired course of action. The additional hardship, as cited by citizens in the hearing is from lost sales. 14. Section 7.2.1 change "but rather" to and in the third line. 15. Section 7.2.6.3 The fourth bullet should be re- stated for clarity, "An automatic release of the delay 6 (six) months after the Hearing in section 7.2.5." Respectfully, Elaine L. Webb 309 Pearl Street Reading, MA 01867 781 - 307 -1226 Elwsail4l@verizon.net 31 � � 5,6 in accordance�wiAecfiW -2 -13 of the Town of Reading Home Rule Charter we the (, undersigned registered voters of the Town of Reading submit the following article for placement in the November subsequent Town Meeting Motion to amend the Town of Reading General Bylaws by adding the following to section 8.9.4 Public Buildings, Public Property and Public Ways 8.9.4.4 Display of the United States Flag The flag of the United States shall be displayed in or on all Town of Reading, owned buildings or property, The Burbank Ice Arena, The Municipal Light Department, Reading Housing and any other semi government agency in accordance with US Law 94 -344 as may be amended from time to time . No Board, Committee, Commission, Authority, Department ;employee or otherwise shall have the Authority to deviate from said law except by order of the President of the United States or the Governor of the Commonwealth if he or she is so allowed by Presidential Order. Name JAI"'5� C- 121�j� 61 V Address ` Pct. 0 (Al � 2 r Mum fi� 12j- �7/ C� M "/I 325-7 Col 6vrIK- 6 Sb13 a 7 Y6 � �4z0 aCo /h _ s� 33 LEGAL NOTICE 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, September 25, 2012 at 8:15 p.m. in the Selectmen's Meeting Room, 16 . Lowell Street, Reading, Massachusetts on removal of an Oak tree at the request of -the'homeowner at 63 Forest Street. Only the tree posted may be removed. •A copy of the proposed doc -. ument• regarding this topic 'is available . in the Town Manager's office, 16. Lowell Street, 'Reading, MA, M -W- . Thurs from 7:30 a:m: - 5:30 . P.m., -rues from 7:30 a.m. 7:00 p.m, and is attached to the hearing riotice 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 .September 25, 2012 to townmanager @ci.reading.ma:u _ s By order of _ Peter I. Hechenbleikner, ? Town Manager. 9/11, 9/18 = 34 S SGI Hechenbleikner, Peter From: Jeff Boyd <boydfenceboston @gmail.com> Sent: Tuesday, September 18, 2012 5:50 PM To: Town Manager Subject: Jeff Boyd - Town meeting request Attachments: dead branches.JPG; full branch.jpg; removed tree stump 2.JPG Dear Mr. Hechenbleikner and members of the Board of Selectmen, I am writing to request a hearing at next week's town meeting regarding a town -owned tree located on my property. I beleive this tree to be a danger to myself and my family for a number of reasons. I made an initial request to have the tree removed to both the DPW and Town Manager last spring. The reason for my first request was because of the blind spot it creates for both myself and my neighbor when exiting our driveways. Both the DPW representative and Town Manager denied my request. Weeks later, on July 2nd, one of the same tree's larger limbs crashed onto my driveway causing extensive damage to my wife's car, fence, and my house. This occured on a calm, pleasant Sunday afternoon in which the weather was not a factor. The limb also took down electrical and cable lines from the telephone pole on the other side of the street. It should also be noted that the limb fell exactly where my wife secures our 3- month -old daughter into her car and smashed the window over my daughter's car seat. In response to this potentially disasterous incident, I made another request to the town to have the tree removed. The DPW arrived early the next morning to remove the fallen limb and to remove a handful of other dead limbs. Some of the limbs were too high for the DPW's equipment to reach, as admitted by one of the DPW workers. This to me is unacceptable and I beleive that it's the town's responibility to hire an outside company to remove such dead limbs if they are unable to do so themselves. The tree warden stopped by after the DPW fmished their work but still refused to order the tree to be removed. Since this incident, several other dead branches have fallen on my property, most of them in the same location as the large limb that had to be removed. One such branch was two inches in diameter and landed on the tailgate of my truck immediately after I pulled into my driveway. Although it did not do any extensive damage to the truck, I hate to think of the damage it. could have caused to a human being. There are still several sizable limbs on this tree that are clearly dead, one of which is literally dangling from another limb that caught it on the way down. I recently had several trees removed 'since this incident, one of which was another oak tree on the other side of my driveway. Whein cut at the base, the stump was completely rotted out inside. The tree that was removed looked to be in identical condition as the tree belonging to the town, leading me to believe that it too is rotted throughout. I have been told by the tree warden and the Town Manager that the tax payers own this tree. That being said, as a tax payer of this town, I believe it is my right, and my family's right, to feel safe when we walk out of our front door. We deserve the peice of mind to feel comfortable getting into and out of our vehicles and we should not be scared of branches falling from the sky as we place our infant daughter in her car seat or stroller. I only hope that you make a reasonable decision at next week's town meeting that is. in the best interests of the safety of your town's residents. Please see the attached photographs showing the damage already caused by this tree as well as pictures taken since the incident. Thank you for your consideration, Jeff Boyd 63 Forest Street Reading, MA 01867 (339) 927 -2580 3� S3 s�v Schena, Paula From: Sent: To: Subject: For BO'S packet Sent from my iPhone Pete Hechenbleikner, Peter Wednesday, August 29, 2012 9:26 AM Schena, Paula Fwd: Tree hearing 63 Forest Begin forwarded message: From: "Keating, Bob" <bkeating@ci.reading_ma =us> Date: August 29, 2012 8:55:16 AM EDT To: " Hechenbleikner, Peter" <phechenbleikner@ci.reading ma.us> Subject: Tree hearing 63 Forest Resident requests tree hearing to remove tree at corner of driveway. Tree limb fell during summer storm damaging car. The tree was on our trim list but for dead wood. The limb that fell was green and wouldn't have been trimmed. The dead wood was still in tree after the storm. We removed the limb and debris and trimmed out tree. Tree was in healthy condition. It is a large 38" diameter Oak. The resident has two other large Oaks in his front yard. He has issues with the town tree at the end of the driveway with backing out onto Forest Street. This tree is leaning out towards Forest away from the house. The resident had one tree removed from his front yard close to the house and left two other large oaks in front. The cost to remove this tree is $1,550.00 including labor, equipment overhead, crane rental, Police detail, stump grinding. stump cleanup ,loaming and seeding. Robert L. Keating Supervisor, Forestry, Parks, Cemeteries Town of Reading 16 Lowell Street Reading, MA 01867 Tel: 781 - 942 -9086 Fax: 781 - 942 -5441 web www.readingma.gov Please let us know how we are doing - fill out our brief customer service survey at http:Hreadingma- survey.virtualtownhall. net/survey /sid /de8bdaa l 6db9e6b4/ 316 C,5� 5-�L J LEGAL. NOTICE . ' ,6s9rIfPCpRe� 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 Neading will hold a public hearing on Tuesday, September 25, 2012 -at 8:30 p.m. in tffie Selectmen's Meeting Room, i 6 Lowell Street, Reading; .Massachusetts-on restoring Brande Court'Parking Lot to two hour parking. A copy of the proposed .doc- ument regarding this topic is 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 is attached. to the hearing notice on the webstie 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 September 25, 2012 to townmanagereci.reading.ina.0 i By order of Peter I. 'Hechenbleikner' Town Manager„ 9/19 47 ss s�� Board of Selectmen Meeting — March 17 2009 — Pagge 7 _A motion by Anthony seconded by Schubert to close the hearing on parking regulations for Brande Court was approved by a vote of 4 -0 -0. A motion by Bonazoli seconded by Schubert to approve an amendment to the Town of Reading Traffic Rules and Re lations adopted by the Board of Selectmen on March 28 1995 by adding to Appendix A -4a: TWO HOUR PARKING OR ALL DAY PARKING WITH EMPLOYEE PERMIT DURING CERTAIN HOURS ON CERTAIN STREETS 8.00 a.m. to 5.00 p.m. (Monday through Friday) Location Brande Court parking lot was approved by a vote of 4 -0 -0. Hearing - Stop —Northbound Harrison at Charles —The Secretary read the hearing notice. A motion by Schubert seconded by Bonazoli to close the hearing for stop sign northbound on Harrison Street at Charles Street was approved by .a vote of 4 -0 -0. A motion by Schubert seconded by Bonazoli to approve an amendment to the Town of Reading Traffic Rules and Regulations adopted by the Board of Selectmen on March 28 1995 by adding to Article 6, Section 612, in Appendix A 12, the Mowing: Appendix A -12 612 — Obedience to Isolated Stop Suns Street Location Harrison Street at Charles Street Northbound drivers was approved by a vote of 4 -0 -0. A motion by Anthony seconded by Goldy to adjourn the meeting of March 17 2009 at 1055 p m was approved by a vote of 4 -0 -0. Respectfully submitted, // Secre ary� 55 0 S� 1 Board of Selectmen Meeting — January 27 2009 —Page 3 Interim Uses of Brande Court Parking Lot — The Town Manager noted that the- parking lot is empty since the Atlantic Food Mart closed and it should be regulated parking. The only concern is that it is difficult to take back regulations once they are in place. After much discussion, the Board decided to consider blue sticker parking for that lot and will schedule a hearing for this. Parking Consultant Presentation — Consultant Jason Schreiber was present to review the draft final report.. He noted that there is a lot of vacant land. A- survey was done .and it was noted that the average stay in Downtown is two to three hours, and the 85a' percentile is two to seven hours. Mr. Schreiber recommended expanding the employee permit program. He noted that the program sells out quickly but the spaces are underutilized. He recommends selling permits for 130% 150% of the spaces. He noted that only 75% of the employees Downtown knew the program exists. He also noted that Sanborn Street, Woburn Street and Ash Street are good places to expand the program. He suggested taking the additional revenues from the parking permits and use it for Downtown improvements; i.e., banners, new signs, etc. Mr. Schreiber suggested adjusting the time limits because when the time limit shuts off, the parking increases in front of and in back of CVS. He recommends extending the two hour limit to 10:00 p.m. and the three hour in back to 10:00 p.m. He also suggested expanding the enforcement hours by at least 15 hours, improve the parking signage, create incentives for sharing of private parking, remove zoning restrictions, create management entity, offer lease purchase of private lots, initiate a new commuter permit program, expand bicycle facilities, install bus shelters and look at valet parking if necessary. He. noted that reverse angle parking on High Street would increase parking spaces. and calm -traff c. Vice Chairman Ben Tafoya indicated that he would -also like to look at the number of parking spots at apartment complexes. Town Mana eg_r's Goals — The Town .Manager noted that these are community goals that have been drafted by the Department Heads for the Selectmen's review. The Selectmen can add and/or delete to this list. Chairman Stephen Goldy noted that some of the items are action items, not goals. Vice Chairman Ben Tafoya noted that customer service initiatives need to be followed through. Selectman Camille Anthony requested that timeframes be added to the goals. Discuss Customer Satisfaction Survey — Chairman Stephen Goldy. noted that the survey is available on cards and on the website. The summary is the information from both. He suggests reviewing the summary on a monthly basis. 9C Cuts to State Aid — Vice Chairman Ben Tafoya not that the Town Manager and Superintendent identified a significant amount to hold back. He suggests holding the line with those even if cuts are lesser because it will make the next budget easier in FYI 0. He suggests sending a letter to the School Department asking to hold the money. 56 9) '5�1 I Hechenbleikner, Peter From: John Gagnon <jgagnon @bolicoli.com> Sent: Monday, September 24, 2012 1:57 PM To: Town Manager Subject: Brandi Court Parking Hello Mr. Hechenbleikner, I plan to attend the meeting tomorrow night regarding the parking change. My partner and I current own two units at 2 Haven street and we have several employees that utilize the current parking in Brandi Court. I realize that some of the businesses want turnover every two hours to allow customer access but some of us need this space for our employee. We also rent space on High Street but some of our employee are in and out and it's not convenient to walk over to High Street on a regular daily basis. I would like to request that some of this space remain all day parking provided that a "tag" is purchased allowing this similar to what is done now. Another thought would be to create a new tag for employees only in the immediate area that could be purchased. I also question why this is being done now considering the new building is nowhere near full occupancy. Thank -you, John Gagnon jgagnon @bolicoli.com Principal GW Financial, LLC / M Benefit Bank Strategies 2 Haven Street Suite 307 Reading, MA 01867 p. 781 - 942 -5700 F. 781 - 942 -5710 c. 617 - 962 -0375 www.bolicoli.com M Holdings Securities, Inc. is a Registered Broker /Dealer and a Registered investment Advisor, member FINRA /SIP(:. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. An use, copying, disclosure, distribution, or action taken in reliance on the contents of this email is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete this email and all attachments from your system. Please be aware that all inbound and outbound email from this email address may be monitored. P 7190.,A 01 APPENDIX A -1 5.3 PARKING PROHIBITED ON CERTAIN STREETS No Parking Any Time (Continued) Washington Street — Along the westerly side between Woburn Street to the bend and Prescott Street Willow Street - Northwest side from Austin Preparatory School driveway for a distance of one hundred (100) ft. in both directions. Woburn Street - On the southerly side from High Street to Number 90 inclusive. Woburn Street - On the northerly side between High Street and Berkeley Street. APPENDIX A -la 5.3 PARKING FOR SENIOR VANS Senior Vans Designated by Special Permit Parking Only 8:30 a.m. to 11:30 a.m. (Tuesday through Friday) Brande Court Municipal Parking Lot -1 - The first parking space on the east side of lot north of the exit driveway to Linden Street. APPENDIX A -2 5.4.1a PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS Two Hour Parkinjz All Day in the Business District 8:30 a.m. to 5:00 p.m. (Monday throujZh Friday) Ash Street (East Side) - Angle parking spaces from Haven Street to rear driveway of 550 Main Street (9 spaces). Ash Street — Angle parking on the east side from Washington Street southerly to Main Street. Ash Street — (In designated parking spaces) - Between Green Street and Washington Street on the west side. Chute Street - Between Haven Street and Woburn Street, east side. Chute Street - West side from #42 to Woburn Street. Harnden Street - On the easterly side between Union Street and Pleasant Street. Harnden Yard Municipal Parking Lot - Behind Walgreen's (excluding permit parking) Haven Street - Between High Street and Main Street. High Street - On the easterly side between Washington Street and Woburn Street. Lowell Street - North side between the entrance to the Laurel Hill Cemetery and Highland Street. Main Street - Between Green Street and Woburn Street on the westerly side, and between Green Street and Pleasant Street on the easterly side. Parker Street Municipal Parking Lot - Behind Senior Center (excluding permit parking). Pleasant Street - North side between Middle Street and Parker Street. Pleasant Street - South side from old Police Station driveway through the intersection of Middle Street. Traffic Rules and Regulations 29 April 2012 Town of Reading — Adopted March 28, 1995 9 APPENDIX A -2 5.4.1a PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS Two Hour Parking All Day in the Business District 8:30 a.m. to 5:00 p.m. (Monday through Friday) (Continued) Salem Street - Between Main Street and the entrance to the Laurel Hill Cemetery. Sanborn Street - On the westerly side between Woburn Street and Haven Street. Sanborn Street - On the easterly side between Woburn Street and Haven Street. Upper Municipal Parking Lot — Behind CVS. Upper lot West of Main Street - Between Woburn Street and Haven Street. Woburn Street - On the northerly side from Sanborn Street west to 107 Woburn Street. Woburn Street - On the southerly side from Sanborn Street west to 84 Woburn Street. APPENDIX A -3 5.4.2 PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS 120 Minute Parkin1j, 8:00 a.m. to 5:00 p.m. (Monday through Friday) Imagination Station - Imagination Station parking lot. APPENDIX A -4 TWO HOUR PARKING OR ALL DAY WITH EMPLOYEE PERMIT DURING CERTAIN HOURS ON CERTAIN STREETS 8:00 a.m. to 5:00 p.m. (Monday throumh Friday) Brande Court Chapin Avenue - On the southerly side from #15 Chapin Avenue to Elliott Street. Gould Street - 16 spaces on the north side and south side of Gould Street heading westward starting from 16 Gould Street boundary line to Haven Street. Green Street - On the southerly side between Main Street and Ash Street. Haven Street — On the east side of Main Street, on the southerly side from 9249 Haven Street to Elliott Street. Lowell Street - On the westerly side from the Town Hall entrance to Woburn Street. Pleasant Street - On the southerly side from Main Street to Parker Street. Woburn Street - On the southerly side from Sanborn Street easterly to the driveway to the municipal parking lot. Woburn Street, south side — From the entrance to the Municipal Parking Lot eastwardly in four (4) designated spots. APPENDIX A -4a EMPLOYEE/MERCHANT MONTHLY PARKING ONLY DURING CERTAIN HOURS ON CERTAIN STREETS 8:30 a.m. to 5:00 p.m. (Monday through Friday) Brande Court - Southerly side behind #2 Haven Street. High Street - Westerly side from Woburn Street northerly to the MBTA paid lot: A total of 45 spots on the westerly side, starting at intersection of High Street and Woburn Street heading westbound. Traffic Rules and Regulations 30 April 2012 Town of Reading — Adopted March 28, 1995 9 TO: Board of Selectmen From: Peter I. Hechenbleikner, Town Manager Date: Tuesday, August 21, 2012 Re: Downtown Streetscape Phase 2 We have reviewed with the Board of Selectmen over several months the potential design of a second phase of downtown improvements, following up on the very successful Main Street Downtown Streetscape project which was completed in 2009. The Board approved a consensus plan, and solicited and received public comment on the plan. The following outlines some pertinent information related to the next steps, which is to get final design, funding, and construction for the project. • The MassWorks program, a copy of the FAQ's for which is attached, is the most likely funding source for this project. • Total project costs are estimated to be $4.7 million: $4.3 million for construction, $365 thousand for design, and $44,000 for rights of way and rights of entry. • The due date for applications for the MassWorks program is on or about September 1, 2013 • The design period for the project is approximately 6 months (160 days). The design needs to be complete before the application is submitted. • If successful in securing funding, bidding for construction would take place in January 2014. • One element that will be required is to evaluate utilities in the streets to be affected. There may be a capacity or age /condition issue with water, sewer, and storm water on parts of Haven Street. This would be a good opportunity to get those issues addressed. If utility improvements are needed these would require Town Meeting approval for funding also. • Permits _may be required from the MBTA and perhaps the Conservation Commission. o The Town would need to fund the design cost this fall if we wanted to apply for the MassWorks program in September 2013. o The Town would also need to authorize the taking of construction easements, and fund them (similar to what we did on the Safe Routes to School project). This would most appropriately be done in the Annual Town Meeting next spring., o This project should be very competitive in light of the accolades we have received from the State on our Downtown Smart Growth 40R zoning and the 30 Haven (Oaktree) project 61 61 (nuv nnr, imantc \PI IRI 1!'. CAPPTVIPTTTF\AAs-mn ra nniArntnwn Ctrs-atcrana nhaca 9 tin-0 Pans- 1 C� o There is no minimum dollar match for a project but if there was a match available from the town it would make our project request more competitive. For the $7M Downtown Streetscape project, the Town's match was 10 %. o Note: with the exception of one grant awarded to Quincy, the most MassWorks funding awarded to any project to date has been 1.8M with the typical award being between $0.75M and $1.0 M. There is no specific match, but the Town will most likely have to fund 50% to 60% of the construction costs depending on the amount of the grant applications received. M D 02 JJ - • Town of Reading 16 Lowell Street Reading, MA 01867 -2683 Phone: 781- 942 -6610 Fax: 781 - 942 -9071 COMMUNITY PLANNING AND DEVELOPMENT COMMISSION To: Peter Hechenbleikner, Town Manager From: Jean Delios, Community Services Director/ Town Planner Date: August 7, 2012 Re: Main Street Pedestrian Crossing In response to your request that the CPDC evaluate South Main Street for a suitable location of a signalized pedestrian crossing, the CPDC would like to offer following recommendations: • Minot and Main Street —The CPDC determined that this intersection is the most suitable for a signalized pedestrian crossing. This selection was based on a review of available traffic and pedestrian data as well as consultation with the Chief of Police and Town Engineer; Crosswalk.(Main Street)- The existing painted crosswalk that crosses Main Street on the north side of the intersection, is located within a driveway of the business on the east side of Main Street. The CPDC would like to recommend that the crosswalk accompanying the signalized pedestrian crossing be relocated just north of the existing painted crosswalk so that it is located between the curb cuts of the businesses and not within the driveway; • Crosswalk (Minot Street) - The painted crosswalk on Minot Street which runs parallel with Main Street is appropriate, however due to the geometry of Minot Street intersecting with Main Street, the CPDC recommends an additional painted crosswalk be located perpendicular on Minor Street just west of the intersection (see attached graphic); • Design - The CPDC will defer to any other recommendations and suggestions from the Town Engineer as to the specifics of these crosswalks. Cc: CPDC, Planning Files 63 63 S�3 Memo To: Peter I. Hechenbleikner, Town Manager From: George J. Zambouras, Town Engineer Date: September 20, 2012 Re: Roadway Improvements Oakland Road & Haverhill Street For the Board, of Selectman's consideration please find sketches of proposed roadway improvements the Engineering Division is considering on Haverhill Street and Oakland Road. The improvements are briefly described below and further detailed on the attached sketches. Haverhill Street— Proposed Bike Lane When the re- pavement of the roadway occurs next spring, the final phase of the water project, it is the Departments intention to install traffic markings and necessary signage to create a bike lane for the entire length of Haverhill Street. The portion of the roadway not being re -paved from Wakefield Road to the rotary will only receive traffic markings and signage. In areas were sufficient roadway width prevent an independent bike lane i.e. from Franklin Street to the Town Line and in the vicinity of off street parking i.e. adjacent to Killam School to Symonds Way the travel lane is of sufficient width to pen-nit sharing of the roadway with appropriate signage. Oakland Road Oakland Road is planned for resurfacing in FY 2014. As you are aware the roadway supports extremely wide travel lanes and parking on each side of the roadway. The Department proposes to install traffic calming measures along the roadway by creating a center island for the majority of the roadway and an island or roundabout at its intersection with Birch Meadow Drive. For you review and approval please find alternatives which provide variations of the center island and Birch Meadow Drive intersection traffic calming measures. v Page 1 TO: Board of Selectmen From: Peter I. Hechenbleikner, Town Manager Date: Thursday, July 05, 2012 (revised) Re: Sale of Real Estate The Board of Selectmen has received appraisals for 4 parcels of land authorized by Town Meeting for sale. Three of the parcels are for the property at Pearl Street and Audubon Road. As you know, during the Selectmen's public session on this matter, two of the abutters expressed interest in acquiring a portion of the property to add to their lots. I have had ongoing discussions with them and they are interested in acquiring the lands as shown on the layout and adding them to their property (the so called "assemblage" parcels). This still leaves a 17,000 square foot viable building lot for sale. The 4t' parcel is the Lothrop Road parcel of land Cumulatively the appraised values are almost $500,000. Proceeds by statute are required to be deposited into the sale of real estate fund to be used for capital, debt service or unfunded pension liability. Procedurally, the Board of Selectmen needs to set a minimum bid price and conditions of sale for each of the parcels. I am recommending the following minimum bid price and conditions of sale for the properties in question. u AudubeR. Read: # Sold only to aR -abutter; OffeFed in "as is" nnndi }inn• Par-Gel to be re deeded tG be attaGhed te pdmary t expeRse of the j r except T-GWR's legal - For the remaining 17,000 square foot parcel at Pearl Street and Audubon Road: (note — the authorization to sell this property failed at the Board of Selectmen meeting on 6 -19 -12 by a vote of 2 -2-0, with one member of the Board of Selectmen absent.) ♦ Minimum Bid price - $200,000; . ♦ Closing — 90 days, subject to extension by the Town of good cause; a Pana 1 ♦ Offered in "as is" condition; ♦ Use restricted to one single family home and appurtenant structures , with no further subdivision of the parcel; ♦ Use will exclude application of the parcel as a 40B development; ♦ Driveway access only from Audubon Road; ♦ Buyer pays all closing costs and real estate transfer tax, except Town's legal costs. - cnoxr Tsar Pmetz J, ronw or kw 5IMN PE•C?L STREET row vr-�W�0 ' � . GEP1RTSf614T;OF�J'i W M LOT td+ MOPOSE1 _' N? % µfumr,a'Tn�wwv � {JY 2d iOT ti3 - lwGiYi1 amcr�i. t+�w KR\ A flWlttC I YN,"WT.= % /� •\ ��iii W 2110T in I - cnoxr Tsar Pmetz J, ronw or kw 5IMN PE•C?L STREET row vr-�W�0 ' � . GEP1RTSf614T;OF�J'i DRAFT MOPOSE1 - - lwGiYi1 amcr�i. t+�w For the Lothrop Road 34,000 square foot parcel: ♦ Minimum Bid price - $250,000; ♦ Closing — 90 days, subject to extension by the Town of good cause; ♦ Offered in "as is" condition; ♦ Use restricted to one single family home and appurtenant structures, with no further subdivision of the parcel; ♦ Use will exclude application of the parcel as a 40B development; ♦ Buyer pays all closing costs and real estate transfer tax, except Town's legal costs. �6 AM D r o P e R�AIJ NA 2N LOr )BJ MAP 2S L01 100 \ 28 LOT 191 MAP NA \ ArvT 1 O. DIIABOS PETER A. GENO'SE PATRICA CRO11, o-vn�ro LOT 2 K LOT 3 AREA 3720r SF Y Aa i ^xe 4 F6T� ARREA 3,7531DE ,E ro DE co LO rvcR or aNSEPaRAtE CONSIDERED LOi A SEPAR MAP 2e LOT rvr F / ourvDA . PERR♦ i EOSEMEya ,REA -,T _ „ Q� i MAP JA LOT 2 FAIL u. /CORNIER d / uuILO PEAas T'UEC MAP 28 LOT )s. "/ LOT I PFf p / N/F 5�t AREA 17,935 SF. 1 'c "A ATFEREV Tsar x , "' o PON— OF pGa�p 1/ ua e L 202 Na B LOT 202 Z� / (/o pj /� rOxry OF READIND so of „eMe) T— OF READING M10 i L•vAr.s v.�ols Tx o-�i'sIn m o-orse �) �V.R, vt5om Puse(me) PEARL STREET (w' Pueuc now - reps AL )ERA 1a ) Ill ILA" 11 ATOL'T TO TOBER 30ttrvPL tumSOOF R_. ONP"LE A RED u100LE5Ex SW TN R 15TRr OF DEEDS AND READING ENG VEER- OFFICE. PLAN REFERENCE. PLAN 11 BT (0A of 1) 1 1 9» PLAN NO "1 9 MEET 1915ALLTERA7l- OLORPEARL SmEET DISCO- NIANCE PLAN cERnrr Tx H TP L IS PREPARED Iry GRAPHIC SCALE ACCCORDANCS WT ,ES_S AND REGAn S O ASICHISETTS REGSTER5 OF DEEDS. 1 IN er 1 PROFESSIONAL LAND SOR—OR DATE APPROVED DATE APPROVED UNDER SUBDIVISION CONTROL LAM NOT REQUIRED TOWN 0£ READING COMMUNITY PLANNING AND DEVELOPMENT COMMISSION DATE PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (the `Agreement ") by and between the Town of Reading, with offices at 16 Lowell Road, Reading, Massachusetts 01867 (the "Town ") and Peter A. Genovese as trustee of the Old Pearl Street Trust, under declaration dated September 20, 2012 ( "Buyer "), with an address of 10 Duck Road, Reading, Massachusetts. 1. PARTIES AND MAILING ADDRESSES The Town of Reading, acting by and through its Board of Selectmen, hereinafter called the SELLER, agrees to SELL a portion of property to the BUYER, who agree to BUY, upon the terms hereinafter set forth, the following described premises: 2. DESCRIPTION A 3,753 foot square area of land located off Pearl Street and as shown as Lot 2 on a plan prepared by the Bay State Surveying Associates. 100 Cummings Center, Beverly, MA 01915 entitled Engineering Division of the Town of Reading and entitled "Town of Reading, Massachusetts Department of Public Works Plan of Land on Pearl Street and Audubon Road" Scale 1 "- 30 feet dated August 30, 2012. That plan shall be in recordable form and shall be modified to delete the second note stating that Lot 2 will be combined with Lot 1 -B as shown on the plan, but shall have the following note added: "For the purpose of the Subdivision Control Law, Lot 2 cannot be used as the site for a building." 3. TITLE DEED; NO REPRESENTATIONS OR WARRANTIES. Buyer shall be responsible for obtaining and for all costs of title searches and certification. The Premises are to be conveyed by a quitclaim deed running to Purchaser, or to the nominee designated by Purchaser by written notice to the Town at least seven (7) days before the deed is to be delivered as herein provided. The Town makes NO REPRESENTATION OR WARRANTY by said deed or hereby or otherwise that the title conveyed shall be good, clear or marketable title thereto; or that the Premises may be used for any particular purpose; or that the Premises complies with any applicable laws, statutes, codes, regulations or other legal requirements; or that the Premises will be assessed for purposes of real estate taxes on the basis of the purchase price set forth herein; it being understood that Purchaser shall accept the Premises "AS IS, WHERE IS." However, the Purchaser shall only be required to purchase the Premises if the same has good, clear record and marketable title, subject only to matters of record which do not interfere with the Purchaser's proposed use of the Premises and the existing water easement shown on the plan referenced above as "20' Water Area Easement 1,167 S.F. ". In the event Purchaser's title examination discloses title deficiencies in said parcel or any portion of the remainder of said land to be included in the conveyance the Town agrees to use reasonable efforts and due diligence, in cooperation with the Purchaser, to clear or perfect said defective titles in a timely manner. For purposes of this paragraph, "reasonable efforts and due diligence" shall not require the Town to spend more than $1,000.00, including reasonable attorneys' fees. The terms of this paragraph shall survive the delivery of the deed. Prior to the closing the Town shall record at the Registry of Deeds a road discontinuance plan and a duly executed and effective discontinuance document of the portion of "Old Pearl Street" that runs over Lot 2. 4. COSTS, PLANS Buyer shall pay all closing costs, except TOWN'S legal costs. Pursuant to Mass. Gen. Laws c. 64D, §l, no deed excise shall be paid because the TOWN is a party. The TOWN shall be responsible for the cost of preparing and recording of any plans. 5. PURCHASE PRICE The agreed purchase price for said premises is Seven Thousand and Four Hundred ($7,400.00) Dollars, which is to be paid at the time of delivery of the deed in cash, or by certified, cashier's, treasurer's or bank check(s) made payable to the Town of Reading. 6. TIME FOR PERFORMANCE; DELIVERY OF DEED Such deed is to be delivered at 11:00 am on November 20, 2012 at the Office of the Reading Town Manager, Town Hall, 16 Lowell Street, Reading, MA , unless otherwise agreed upon in writing. It is agreed that time is of the essence of this agreement. 7. POSSESSION AND CONDITION OF PREMISES Full possession of said premises free of all tenants and occupants is to be delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as they now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and zoning laws. The BUYER shall be entitled personally to inspect said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 8. EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM If the SELLER shall be unable to make conveyance, or to deliver possession of the premises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform with the provisions hereof, then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto, unless the SELLER elects to use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty (30) days. 9. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM, ETC. If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, deliver possession, or make the premises conform, as the case may be, all as herein agreed, then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 10. BUYER'S ELECTION TO ACCEPT TITLE The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER can deliver to the said premises in its then condition and to pay therefore the purchase price without deduction, in which case the SELLER shall convey such title. 11. ACCEPTANCE OF DEED The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed. 12. WARRANTIES AND REPRESENTATIONS The BUYER acknowledges that the Town makes no warranties or representations regarding the premises and that BUYER has not been influenced to enter into this transaction nor has he relied upon any warranties or representations. 13. TAXES Pursuant to G.L. c. 44, § 63A, Purchaser shall pay, at the time of the closing, a sum of money representing real property taxes due on the Premises during the balance of the municipal fiscal year (which runs from July 1 to June 30) and, if the closing occurs during the second half of the fiscal year, Purchaser shall pay the taxes due on the premises for the whole of the next fiscal year as well. Such taxes shall be paid pursuant to a pro forma tax bill to be issued by the Town and delivered at the closing to Purchaser and calculated on the basis of the purchase price. 14. CONSTRUCTION OF AGREEMENT This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. 15. NOTICES Any notice required or permitted to be given hereunder shall be in writing and delivered by hand or mailed postage prepaid by registered or certified mail, return receipt requested, addressed to the parties at the addresses set forth on page 1 of this Agreement. Copies of all notices to SELLERS shall simultaneously be sent to Peter I. Hechenbleikner, Town Manager and all notices to BUYER shall simultaneously be sent to Peter A. Genovese, as trustee, of 10 Duck Road, Reading, Massachusetts. Any such notice so mailed or delivered shall be deemed properly served and delivered for all purposes hereunder at the time such notice is indicated as stamped by any post office regularly maintained by the United States Postal authority. This agreement shall be executed in any number of counterparts. Each counterpart shall together constitute only one and the same agreement. SELLER TOWN OF READING Acting by and through its BOARD OF SELECTMEN Stephen Goldy, Chairman Ben Tafoya Richard W. Schubert John Arena James E. Bonazoli