HomeMy WebLinkAbout2012-10-23 Board of Selectmen HandoutDRAFT MOTIONS
BOARD OF SELECTMEN MEETING
OCTOBER 23, 2012
Geld, Tafova, Schubert, Arena. Bonazoli Hechenbleikner
3a) Move that the Board of Selectmen approve the Certificate of
Appreciation for Laura White's Girl Scout Gold Award project.
Move that the Board of Selectmen approve the Certificate of
Appreciation for Amelia Collymore's Girl Scout Gold Award
project.
Move that the Board of Selectmen approve the Certificate of
Appreciation for Christina Brzezenski's Girl Scout Gold Award
project.
Move that the Board of Selectmen approve the Certificate of
Appreciation for Jessica Strack's Girl Scout Gold Award project.
Move that the Board of Selectmen approve the Certificate of
Appreciation for Tessa Senders' Girl Scout Gold Award project.
3b) Move that the Board of Selectmen approve the Certificate of
Appreciation for David Scott Graham's Eagle Scout project.
4a) Move that the Board of Selectmen place the following name into
nomination for one position on the Conservation Commission with a
term expiring June 30, 2015:
Will Finch
5b) Move that the Board of Selectmen close the hearing for the Change
of Manager for the Longhorn Steakhouse #5325.
Move that the Board of Selectmen approve the change of Manager
for the Longhorn Steakhouse #5325 from Leigh A. Bull to Gary
Cannon.
5c) Move that the Board of Selectmen approve the local action units for
Johnson Woods, Phase II consisting of 19 affordable units.
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5d) Move that the Board of Selectmen close the hearing establishing the
Town Manager Screening Committee.
Move that the Board of Selectmen approve the policy establishing
the ad hoc Town Manager Screening Committee as proposed.
Move that the Board of Selectmen place the following names into
nomination for two positions (Selectmen) on the Town Manager
Screening Committee:
5e) Move that the Board of Selectmen recommend the subject matter of
Article 3 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 4 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 5 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 6 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 7 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 8 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 9 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 10 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 11 of the 2012 Subsequent Town Meeting Warrant.
(5~
Move that the Board of Selectmen recommend the subject matter of
Article 12 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 13 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 14 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 15 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 16 of the 2012 Subsequent Town Meeting Warrant.
Move that the Board of Selectmen recommend the subject matter of
Article 17 of the 2012 Subsequent Town Meeting Warrant.
5f) Move that the Board of Selectmen close the hearing on
Discontinuance of a portion of Jacob Way and alteration of Jacob
Way and South Street.
Jacob Wav Discontinuance
Move that the Board of Selectmen, having determined and adjudged
that common convenience and necessity of portions of the town way
know as Jacob Way, in the location hereinafter described, is no
longer necessary, and heard all persons present who desired to be
heard we have and do hereby discontinue portions of the town way
for use of the town substantially in the locations along the northerly
side line, of the town way known as Jacob Way.
Said area is identified as Parcel 7 on said plan, the boundaries and
measurements of said portion of the town way to be discontinued are
as follows:
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Beginning at a granite monument to be set which is located on the north
line of the relocated Jacob Way, a public, variable width right of way
which is also the north west terminus of Jacob Way, as relocated;
thence N 81004128" E a distance of 476.02;
thence 159.29' along a curve turning to the left with a radius of 280.00';
thence N 48028'45" E a distance of 163.99';
thence 29.19' along a curve turning to the left with a radius of 280.00';
thence 57.68' along a curve turning to the right with a radius of 250.00';
thence S 48020'26" W a distance of 134.38' to a granite monument to be
set;
thence 162.82' along a curve turning to the right with a radius of 285.00'
to a granite monument to be set;
thence S 81004'28" W a distance of 445.86' to a granite monument to be
set;
thence 31.76' along a curve turning to the right with a radius of 100.00' to
a granite monument to be set which is located at the north west terminus
of Jacob Way;
which is the point of beginning,
having an area of approximately 4,100 square feet, 0.09 acres.
including portions of the land described in a deed of Reading Property
Holdings LLC to Pulte Homes of New England LLC dated February 11,
2011 recorded with the Middlesex South Registry of Deeds in Book 56455,
Page 160.
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For further identification of this description and location reference is
hereby made to a plan entitled "Alteration of Jacob Way and South
Street" prepared by Marchionda & Associates, L.P. of Stoneham, MA, for
the Town of Reading, dated October 23, 2012 and the plan entitled
"Modified Subdivision Plan of Land & Jacob Way/South Street Alteration
Plan Reading Woods in Reading, MA" prepared For Pulte Homes of New
England, LLC, 115 Flanders Road, Westboro, MA 01581, dated
September 20, 2011 and recorded with the Middlesex South Registry of
Deeds as Plan No. 327 of 2012.
Jacob Wav Alteration
Move that the Board of Selectmen, having determined and adjudged that
common convenience and necessity require that a town way know as
Jacob Way be altered, in the location hereinafter described, and heard all
persons present who desired to be heard we have and do hereby alter the
town ways known as Jacob Way for use of the town. Said alteration is
identified as Parcels 2, 3 and 6 on said plan, the boundaries and
measurements of said town way as so altered are as follows:
Beginning at a granite monument to be set which is located on south line
of the relocated South Street, a public, variable width right of way which
is also the north east terminus of Jacob Way, as relocated;
thence S 24150'44" W a distance of 85.36';
thence 102.52' along a curve turning to the right with a radius of 250.00';
thence S 48120'26" W a distance of 134.38' to a granite monument to be
set;
thence 162.82' along a curve turning to the right with a radius of 285.00'
to a granite monument to be set;
thence S 81104'28" W a distance of 445.86' to a granite monument to be
set;
thence 31.76' along a curve turning to the right with a radius of 100.00' to
a granite monument to be set which is located at the north west terminus
of Jacob Way;
thence S 03°19'02" E a distance of 45.22' to a granite monument to be set
which is located at the south west terminus of Jacob Way, as relocated;
thence N 81104'28" E a distance of 610.87' to a granite monument to be set
which is located on the north line of State Highway Route 128 also known
as Interstate Highway Route I-95;
thence along the north line of said highway 209.82' along a curve turning
to the right with a radius of 375.00';
thence N 33126'28" E a distance of 193.93' to a granite monument to be set
on the south line of South Street at the south east terminus of Jacob Way,
as relocated;
thence along the south line of South Street N 56°33'32" W a distance of
58.96' to a granite monument to be set;
which is the point of beginning,
having an area of approximately 43,163 square feet, 0.99 acres.
including portions of the land described in a deed of Reading Property
Holdings LLC to Pulte Homes of New England LLC dated February 11,
2011 recorded with the Middlesex South Registry of Deeds in Book 56455,
Page 160.
For further identification of this description and location reference is
hereby made to a plan entitled "Alteration of Jacob Way and South
Street" prepared by Marchionda & Associates, L.P. of Stoneham, MA, for
the Town of Reading, dated October 23, 2012 and the plan entitled
"Modified Subdivision Plan of Land & Jacob Way/South Street Alteration
Plan Reading Woods in Reading, MA" prepared For Pulte Homes of New
England, LLC, 115 Flanders Road, Westboro, MA 01581, dated
September 20, 2011 and recorded with the Middlesex South Registry of
Deeds as Plan No. 327 of 2012.
South Street Alteration
Move that the Board of Selectmen, having determined and adjudged that
common convenience and necessity require that a town way know as
South Street be altered, in the location hereinafter described, and heard
all persons present who desired to be heard we have and do hereby alter
the town ways known as South Street for use of the town. Said alteration
is identified as Parcels 4 and 5 on said plan, the boundaries and
measurements of said town way as so altered are as follows:
Beginning at a point located on south line of South Street, a public,
variable width right of way and the east line of land now or formerly of
Murphy;
thence along land now or formerly of Murphy S 08147'52" E a distance of
5.17' to a granite monument to be set;
thence N 80144'14" E a distance of 68.49' to a granite monument to be set;
thence 47.22' along a curve turning to the right with a radius of 75.00' to a
granite monument to be set;
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thence 46.10' along a curve turning to the right with a radius of 30.00' to a
granite monument to be set;
thence S 56°33'32" E a distance of 58.96' to a granite monument to be set
which is located on the south line of Jacob Way, a public, variable width
right of way;
thence along the south line of Jacob Way the following two courses:
N 33°26'28" E a distance of 120.95' to a granite monument to be set;
34.68' along a curve turning to the right with a radius of 40.00' to a point
which is located at the south line of South Street;
thence along South Street the following three courses:
S 83°07'18" W a distance of 128.34';
S 06°52'42" E a distance of 7.66';
S 81°12'08" W a distance of 147.66' to the point of beginning;
having an area of approximately 9,409 square feet, 0.22 acres.
including portions of the land described in a deed of Reading Property
Holdings LLC to Pulte Homes of New England LLC dated February 11,
2011 recorded with the Middlesex South Registry of Deeds in Book 56455,
Page 160.
For further identification of this description and location reference is
hereby made to a plan entitled "Alteration of Jacob Way and South
Street" prepared by Marchionda & Associates, L.P. of Stoneham, MA, for
the Town of Reading, dated October 23, 2012 and the plan entitled
"Modified Subdivision Plan of Land & Jacob Way/South Street Alteration
Plan Reading Woods in Reading, MA" prepared For Pulte Homes of New
9)
England, LLC, 115 Flanders Road, Westboro, MA 01581, dated
September 20, 2011 and recorded with the Middlesex South Registry of
Deeds as Plan No. 327 of 2012.
6a) Move that the Board of Selectmen approve the minutes of October
9, 2012 as amended.
Move that the Board of Selectmen adjourn the meeting at p.m.
()q
TOWN MANAGER'S REPORT
Tuesday, October 23, 2012
Administrative matters
♦ Volunteers still needed -for the Bylaw Committee; Finance Committee (2); Trails
Committee; Historical Commission, West Street Historic District Commission; and
Zoning Board of Appeals.
♦ Absentee Ballot applications are being accepted now until noon on November 5tn
Absentee Ballots are now available at the Town Clerk's office
♦ In your packet is a 2 page Election Day policy from the Town Clerk that addresses
issues such as photography at the polling place, and firearms carried by off duty police
officers, both issues that have come up recently.
♦ A petition for acceptance of Roma Lane has been received - for April ATM
♦ I have included in your packet an email from MASS DOT re 128/93
♦ Walkable Reading has provided some information to the Board of Selectmen re the
Mass in Motion program.
Communitv Services
♦ Veterans Day will be celebrated on Sunday November 11 at 11 am on the common. A
breakfast for veterans will be served at the Senior Center from 9:30 to 10:30.
♦ 504 vaccinations against Influenza have been given as of today, October 23. Numbers
from 2 of the 3 public clinics offered by the Reading Health Division were:
• 222 flu vaccinations given at Killam School Clinic on 10/3
• 176 flu vaccinations given at Town Hall Clinic on 10/22
The last public clinic being offered by the Reading Health Division will be this Saturday,
October 27 from 9-11 am at the Coolidge Middle School in the cafeteria.
Finance
• Medex renewal rates
Librarv
♦ The Town has learned that the State grant for the Reading Public Library has been
approved, so the Town can now go forward and secure the local share of the
funding (Proposition 2 '/2 debt exclusion) and then proceed with construction.
Public Safetv
Police Department Recertification
Public Works
• Construction news from DPW:
• An overlay of West Street has been done, improving the wearing surface
where the water trench was dug several years ago
• Main Street between Washington and the RR tracks will be milled and
overlaid within the next couple of weeks - night time work
10/23/2012 1 0
TOWN MANAGER'S REPORT
Tuesday, October 23, 2012
• Irving and Boswell reconstruction will not be done this year - the preliminary
work of lowering structures will have to be reversed for the winter.
• Poets Corner sewer repair
• The Howard Street
• Curb and Sidewalk Bancroft Avenue and Highland Street curb and sidewal;
Mineral Street bridge pole relocation.
♦ MWRA water line boring
♦ Curbside leaf collection, and hours of compost center.
Dates
♦ November 1 - Overnight Parking restrictions
♦ November 6 - State/Federal election
♦ November 11 -Veterans Day
♦ November 13 - beginning of Town Meeting
♦ November 25 - Tree Lighting - Help needed with new LED light strings
♦ November 29 - Shop the Block
10/23/2012
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Walkable Reading
walkablereading@comcast.net
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Dear Reading Board of Selectmen,
Walkable Reading was pleased to attend the working meeting held on September 18th and we look
forward to following up on many of the concepts reviewed at that time. Because there was so much
information reviewed at that meeting, there was not enough time to engage in the topics, and we are
looking for the best way to move some of the concepts forward.
We particularly commend the concept of working with various town boards and volunteers to address
issues of walkability/bikeability in town. The model promoted by Mark Fenton (working on Mass in
Motion, and the featured speaker on the DVD played at the meeting) that a town can decide that it
wants to be healthier, is very timely for Reading as there are many current and upcoming opportunities
to improve community health through increased focus on making the town more friendly to walkers and
bicyclists.
It was good to hear at the following Selectmen's meeting that the town is moving forward with
signalized pedestrian cross walks on South Main Street, both at Minot Street, and via the Pulte project at
the south end of South Main Street. Also, hearing of the support for a proposed road diet for that
stretch of Route 28 - that would lead to great improvement in not only the walkability of that area of
town, but also in traffic calming which not only adds to the safety of pedestrians and bicyclists, but will
also encourage drivers to notice and, hopefully, patronize the businesses.
The bike lanes to be added to Haverhill Street will also be a much-needed improvement to the east side
of Reading. It is encouraging to see these steps being taken.
Some real opportunities exist for South Main Street, a major gateway to Reading. The town has begun a
process to improve South Main St., not only with the changes in rules for building set-backs that
incorporate a key element noted by Mr. Fenton: to have a friendly building front on the street and
parking in the back, but also with the recent Community Planning and Development Commission design
best practices that have incorporated some of the pedestrian-friendly concepts recommended by
Walkable Reading.
Walkable Reading looks forward to Reading's continued focus on the aspects of planning and policy that
will lead to a healthier community through improvements in walking and biking opportunities. To that
end, we request a real working meeting in the near future to address the roadmap for Reading.
Walkable Reading appreciates all opportunities to work with the Town to make the Town of Reading
more pedestrian and bicycle-friendly.
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Hechenbleikner, Peter
From: Frey, Bob (DOT) <bob.frey@state.ma.us>
Sent: Friday, October 19, 2012 2:42 PM
To: Hechenbleikner, Peter
Subject: RE: Status Report 93/128 Reading/Woburn
Hello Pete,
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Bob Frey I Director of Planning Systems Information I Massachusetts Department of Transportation - Office of Transportation Planning
5 8:8~4 www.mass.gov/massdot
HlYW C' In We, help Y )u Tbd ay' Former a.rd a www.mass.oovlbloaltransDortation t www.twitter.com/massdot.
From: Hechenbleikner, Peter rmaiIto: Dhechenbleikner(dci.read ina.ma.usl
Sent: Thursday, October 18, 2012 4:02 PM
To: Frey, Bob (DOT)
Subject: Status Report
Bob
Is there any update on the status of this project?
Peter 1. Hechenbleikner
Town Manager
Town of Reading
16 Lowell Street
Reading MA 01867
Town f ii Ho
and 'h- r1l
1
~3
Office of the Town Clerk
781-942-9050
Town of Reading
16 Lowell Street
Reading MA 01867
Election Day - Policies
fax: 781-942-9070
website: www.readingma.gov
Introduction:
The Town of Reading Town Clerk will enforce the following Election Day Policies with the
assistance of all Election Officers and the Reading Police Department. The authority to set
these Policies is stipulated in the following Massachusetts General Laws:
MGL Chanter 54 Section 71
The presiding officer at each polling place shall enforce the performance by election
officers of their duties. During an election and the counting of the ballots after the close
of the polls, he shall have authority to maintain order and to enforce obedience to his
lawful commands, in and about the polling place and to keep the access thereto open
and unobstructed, and he may require any police officer, constable or other person to
communicate his orders and directions and assist in their enforcement.
MGL Chanter 54 Section 71A
Election officers in cities and in towns shall perform their duties under the supervision of
the city or town clerk.
Town of Readina Election Dav Policies:
Election Zone:
• The lobby and gym area of the Field House at Reading Memorial High School from
the time election equipment is set up to the time election equipment is taken down
Animals:
• No animals except Service Dogs will be allowed within the Election Zone
Cameras:
• Anyone wishing to photograph anything within the Election Zone must check in with
the Town Clerk
• All photographs must be taken from an area designated by the Town Clerk
• All photographs must respect the right to privacy of the voter
• Absolutely no photographs of balloting is permitted
Campaigns:
• There will be no campaigning with 150 feet of the Election Zone
• All campaign materials must remain outside the 150 feet including bumper stickers
Cell Phones:
• Each Precinct is a "Cell Free Zone" - No Cell Phone use is permitted within the
Guardrails of any Precinct by anyone
Town of Reading
Page 1 of 2
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Town of Reading
16 Lowell Street
Reading MA 01867
Office of the Town Clerk
781-942-9050
fax: 781-942-9070
website: www.readingma.gov
Electronic Audio Recording:
• MGL Chapter 54 Section 76 prohibits the use of any audio recording within the
Election Zone
Exit Polling:
• Exit Polling will not be allowed anywhere within the Election Zone but may be
conducted as voters leave the Election Zone
• Anyone conducting Exit Polling must be considerate and respectful of the voters
• Anyone conducting Exit Polling must notify the Town Clerk of intent
Food or Beverage:
• No food or beverage except water will be allowed within the Election Zone
Observers:
• All Observers must check in with the Town Clerk
• All Observers must follow the policies of the Town of Reading and the General Laws
of Massachusetts
• All Observers must respect the rights of voters
Press:
All press within the Election Zone must check in with the Town Clerk
The press will be assigned a staging area within or adjacent to the Election Zone or
may work anywhere outside the Election Zone
The press will be assigned by the Town Clerk a location from which photographs may
be taken, while respecting the privacy of voters
Soliciting:
• Groups or Organizations will not be allowed to sell or distribute products or literature
within the Election Zone
Citizens:
• No one will be allowed enter the Election Zone while equipment is setup and polls are
closed
Weapons:
Federal Firearm Law 18 USC § 922(q)(2)(A) Punishable by up to 5 years imprisonment
Except as authorized, may not possess or discharge a firearm in a school zone
• No firearms will be allowed within the Election Zone with the exception of police
officers MGL Chapter 269 Section 10 (j)
• "Off-Duty" police officers carrying a weapon should notify the Reading Police Officer
on duty that they are carrying a weapon
Town of Reading Page 2 of 2
1
APPOINTMENTS TO BECOME EFFECTIVE OCTOBER 18, 2012
Conservation Commission
Term: 3 years
Appointing Authoritv: Board of Selectmen
Present Member(s) and Term(s)
Jamie Maughan
William Hecht
Vacancy
Brian Sullivan
Barbara Stewart
Vacancy
Annika Scanlon
Candidates:
Will Finch
2 Vacancies
Orig. Term
Date Exp.
263 Woburn Street
(10)
2013
73 Martin Road
(03)
2014
( )
2014
145 Lowell Street
(10)
2015
52 County Road
(06)
2015
( )
2015
3 Copeland Avenue
(06)
2013
*Indicates incumbents seeking reappointment
(-~Y
14-
The Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
239 Causeway Street
Boston, MA 02114
www. mass. aov/abcc
FORM 43
MUST BE SIGNED BY LOCAL LICENSING AUTHORITY
R For Reconsideration
101600028 Reading i 110/23/2012
ABCC License Number City/Town Local Approval Date
TRANSACTION TYPE (Please check all relevant transactions):
n New License F1 New Officer/Director F] Pledge of License Ej Change Corporate Name
Transfer of License Change of Location Pledge of Stock Seasonal to Annual
Q Change of Manager Alteration of Licensed Premises Transfer of Stock Change of License Type
Cordials/Liqueurs Permit Issuance of Stock E] New Stockholder Otherl
6-Day to 7-Day License Management/Operating Agreement F1 Wine & Malt to All Alcohol
Name of Licensee IRARE Hospitality International, Inc. I EIN of Licensee
D/B/A ILonghorn Steakhouse #5325 I Manager IGary Cannon
ADDRESS: 139 Walker's Brook Drive ( CITYITOWN: Reading I STATE IMA I ZIP CODE 101867
Annual All Alcohol I Restaurant
Annual or Seasonal Category: (All Alcohol- Wine & Malt Wine,
Type: (Restaurant, Club, Package
Malt & Cordials) Store, General On Premises, Etc.)
Complete Description of Licensed Premises:
Full service restaurant with dining room, lounge area, bar and kitchen. Handicap restrooms for men and women, emergency exits.
Application Filed: ISep 20, 2012 1 Advertised: 1
Date & Time
Date & Attach Publication
Abutters Notified: Yes E] No
Licensee Contact Person for Transaction IMargie Camp I Phone: 11-800-248-4918 X5332
ADDRESS: 11000 Darden Center Drive I CITY/TOWN: 10rlando I STATE IFL 1 ZIP CODE 132837
Remarks
The Local Licensing Authorities By: Alcoholic Beverages Control Commission
Ralph Sacramone
Executive Director
ABCC Remarks:
l
The Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
239 Causeway Street
Boston, MA 02114
,",vvr.mass.Pov/abcc
Manager Application
All proposed managers are required to complete a Personal Information Forcn, and attach a copy of the
corporate vote authorizing this action and appointing a manager.
1. Licensee Information:
Legal Name of Licensee: RARE Hospitality Internati(6 Business Name (d/b/a): ILong1lom Steakhouse #5325
Address: IP.O. Box 695016, Attn: Licensing
City/Town: (Orlando I State: IFL I Zip Code: 132869-5016
ABCC License Number: 1101600028
(If existing licensee)
2. Manager Information.
Name: 1GaryCannon
Are you a U.S. Citizen: Yes ❑ No E]
I Phone Number of Premise 1781-942-4801
Cell Phone Number:
Court and Date of (Naturalization: 1N/A
(Submit proof of citizenship and/or naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers)
List the number of hours per week you will spend on the licensed premises: 150
Have you ever been charged or convicted of a state, federal or military crime? Yes ❑ No ❑
If yes, attach an affidavit as to all charges and disposition.
Do you now, or have you ever, held any direct or indirect, beneficial or financial interest in a license to sell
alcoholic beverages? Yes ❑ - No ❑
If yes, please describe: IN/A
Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended,
revoked or cancelled? Yes ❑ No
If yes, please describe: IN/A 1
Have you ever been the Manager of Record of a license that was issued by this Commission? Yes ❑ No ❑x
If yes, please describe: IN/A I
Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone):
111/2007 - Present RARE Hospitality Inter., Inc., P.O. Box 695016, Orlando, FL 32869-5016 (Various Locatiol~
`if additional space is needed, please use the fast page'
I hereby swear under the pains and penalties of per' that the information I have provided in this application is true and
accurate:
Signature I I Date 1 I
E 4~1 i ~b.
The Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
239 Causeway Street
Boston, MA 02114
wFVw.rnass.CFov/abcc
Personal Information Form
1. Licensee Information:
Legal Name of Licensee: RARE Hospitality International, Inc.
Address: 139 Walker's Brook Drive
City/Town: (Reading
Phone Number of Premise:I781-942-4801
Business Name (d/b/a): LongHorn Steakhouse #5325
ABCC License Number: I
(If existing licensee)
State: IMA I Zip Code: 101867
EIN of License:
2. Personal Information:
Individual Name: GaryCannon I Home Phone Number:
Address: I E-mail Address:
i
City/Town: I State: IMA I Zip Code:
Social Security Numbe I Date of Birth:
Place of Employment: IRARE Hospitality International, Inc. dba LongHorn Steakhouse #5325
Have you ester been convicted of a state, federal or military crime? Yes ❑ No ❑X
If yes, attach an affidavit as to all charges and disposition.
3. Financial Interest:
Provide a detailed description of your direct or indirect, beneficial or financial interest in this license.
Manages the restaurant
IMPORTANT ATTACMUNTS: For all cash contributions, attach last 3 months of bank statements for the source(s) of this cash.
*If additional space is needed, please use the last page*
I hereby swear under the pains and penalties of perjury that the information I have provided in this application is
true and accurat&.
MM
Signature Date Title &~ant Manager (If Corporation/LLC Representative)
b
F
The Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
239 Causeway Street
Boston, MA 02114
w.massagov/abcc
101600028
ABCC License Number
PETITION FOR CIUNGE OF LICENSE
Reading
City, Toum
The licenseeIRARE Hospitality International, Inc. I respectfully petitions the Licensing Authorities to approve the
following transactions:
❑ Change of Manager ❑ Alteration of Premises
❑ Pledge of License/Stock ❑ Cordial & Liqueurs
❑ Change of Corporate Name/DBA ❑ Change of Location
❑ Change of License Type (§12 ONLY, e.g. "club" to "restaurant)
❑X Change of Manager
❑ Pledge of License /Stock
Last-Approved Manager: ILeigh A. Bull
Requested New Manager: (Gary Cannon
Loan Principal Amount: $
Payment Term: I I Lender:
Interest Rate:
❑ Change of Corporate Name/DBA Last-Approved Corporate Name/DBA:
Requested New Corporate Name/DBA:
Change of License Type Last-Approved License Type:
Requested New License Type:
❑ Alteration of Premises: (must fill out attached financial information form)
Description of Alteration:
Change of Location: (must fill out attached financial information form)
Last-Approved Location:
Requested New Location:
Signature of Licensee Date Signed I
(Ifa Corporation/LLC, by its authorized representative)
Colleen M. Hunter, Assistant Secretary
i
~ sbg
The Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
239 Causeway Street
Boston, MA 02114
Pant Form
fit
-www.mass.gov/abet t
'i
RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION
MONETARY TRANSMITTAL FORM
APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED, AND SUBMITTED TO THE
LOCAL LICENSING AUTHORITY.
REVENUE CODE: RETA
CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00
(CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL)
CHECK N[JMBER
IF USED EPAY, CONFIRMATION NUMBER:
A.B.C.C. LICENSE NUMBER (IF AN E)[ISTING LICENSEE, CAIN' BE OBTAINED FROM THE CITY):
LICENSEE NAME: (RARE Hospitality International, Inc.
ADDRESS: IP.O. Box 695016, Attn: Licensing
CITYITOVVN: (Orlando I STATE JFL
TRANSACTION TYPE (Please check all relevant transactions):
New License
Transfer of License
0 Change of Manager
E] Cordials/Liqueurs Permit
6-Day to 7-Day License
Q New Officer/Director
0 Change of Location
n Alteration of Licensed Premises
F1 New Stockholder
E] Management/Operating Agreement
ZIP CODE 132869-5016
0 Pledge of License
Pledge of Stock
D Transfer of Stock
Issuance of Stock
Q Wine & Malt to All Alcohol
Change Corporate Name
Q Seasonal to Annual
E] Change of License Type
Other
THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL,
FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND
SUPPORTING DOCUMENTS TO:
ALCOHOLIC BEVERAGES CONTROL COMMISSION
P. O. BOX 3396
BOSTON, MA 02241-3346
V
JEAN DEMOS
Town of Reading Community Services Director /
Town Planner
16 Lowell Street Phone: (781) 942-6612
Reading MA 01867-2683 Fax: (781) 942-9071
jdelios@ci.reading.ma.us
MEMORANDUM
To: Peter I. Hechenbleikner, Town Manager
From: Jean Delios, Community Services Director/Town Planner
Date: October 2, 2012
Re: Local Initiative Program Application for Local Action Units
Johnson Woods, Phase II
On March 12, 2012 the CPDC approved the Planned Unit Development - Residential Special
Permit for Johnson Woods, Phase II. The enclosed Local Initiative Program Application for Local
Action Units has been prepared by the applicant on behalf of the Town of Reading per the CPDC
decision. This is also a requirement that an application for approval be made for Local Action
Units as part of the Local Initiative Program (LIP), administered by the Commonwealth of
Massachusetts, Department of Housing and Community Development (DHCD). DHCD approval
is granted in the form of a certification that the LAU units meet the requirements of 760 CMR
56.00 and the LIP guidelines.
Johnson Woods Phase II is comprised of 127 total residential units. The Planned Unit
Development (PUD) zoning requires that 15% of the total units be set aside as affordable units.
In this case, 19 units will be affordable. The affordable housing guidelines that apply to these
units state that they must be affordable to households with annual incomes that do not exceed
eighty (80) percent of the median annual household income for the Boston Metropolitan Area as
determined by the most recent HUD guidelines. Further, *annual housing costs may not exceed
30% of household income. There are additional guidelines that apply.
In Summary, the LIP Program is:
• A state housing initiative administered by DHCD to encourage communities to produce
affordable housing for low and moderate income households;
• A technical assistance program available to municipalities seeking to increase the supply
of housing for households at or below 80% of the area median income. LIP approved
units are entered into the subsidized housing inventory (SHI) pursuant to MGL Ch. 4013;
• A mechanism for municipalities to follow so that the units will count under the SHI when
creating Local Action Units (LAU's) such as the Planned Unit Development, Residential
Special Permit approved for Johnson Woods 11.
Reading should be proud of the efforts like this and others to create much needed affordable
housing. DHCD will contact us with any questions.
U .2> SG
LIP/LAU APPLICATION SEQUENCE AND TIMING
Johnson Woods, Reading, MA
Activity
1 Approval of Developer's Affordable Housing
Consultant
2 Reform Special Permit Local Preference to
Conform to State Standard
3 Approval of Affordable Housing Marketing
Plan
4 Chairman Board of Selectmen Signs LIP-LAU
Application
5 File LIP-LAU Application with DHCD & &
Marketing Plan
6 LAU Approval Letter
7 Submit Package to DHCD for units with
building permits for inclusion on Subsidized
Housing Inventory (SHI)
8 Forward DHCD Approval to Town
9 Notify Town that Marketing is to
Commence - Coordinate Time, Date and
Location with Library Location
10 Commence with Marketing and conduct
Info Meeting - First Lottery
11 Conduct Lottery
12 Selected Applicant Eligibility Review with
DHCD
13 Second Lottery - Same sequence as #10,
11, and 12 above
Party Responsible
Status
Completion
Date
Town Planner
With
August '12
Town
CPDC
With
August 27th
Town
Town Planner
With
August '12
Town
Town
With
September
Town
11, 2012
Johnson Woods
With
September
Town
25, 2012
DHCD
State controls
timing
Johnson Woods
14 days after
issuance of LAU
Approval Letter
JTE Realty (JTE)
Upon State
Approval
JTE
Client/JTE to
Upon
establish
Client Notifying
Timetable-
JTE of Timeline
will be
for Delivery of
market
first available
driven
affordable unit
JTE
See # 9
See #9
JTE
See #9
3 Weeks after
close of
Marketing
Period -TBD
JTE
In accordance
with DHCD
program
requirements
JTE
2,~ sGZ
LOCAL INITIATIVE PROGRAM APPLICATION FOR
LOCAL ACTION UNITS
Introduction
The Local Initiative Program (LIP) is a state housing initiative administered by the Department of Housing
and Community Development (DHCD) to encourage communities to produce affordable housing for low-
and moderate-income households.
The program provides technical and other non-financial assistance to cities or towns seeking to increase
the supply of housing for households at or below 80% of the area median income. LIP-approved units
are entered into the subsidized housing inventory (SHI) pursuant to Chapter 40B.
Local Action Units (LAUs) are created through local municipal action other than comprehensive permits;
for example, through special permits, inclusionary zoning, conveyance of public land, utilization of
Community Preservation Act (CPA) funds, etc.
The Department shall certify units submitted as Local Action Units if they meet the requirements of 760
CMR 56.00 and the Local Initiative Program Guidelines, which are part of the Comprehensive Permit
Guidelines and can be found on the DHCD website at www.mass.gov/dhcd
To apply, a community must submit a complete, signed copy of this application to:
Department of Housing and Community Development
100 Cambridge Street, Suite 300
Boston, MA 02114
Attention: Janice Lesniak, LIP Program Coordinator
Telephone: (617) 573-1327
Email: Janice.LesniakcOstate.ma.us
Updated February 2012 /
Community Support Narrative, Project Description, and Documentation
Please provide a description of the project, including a summary of the project's history and the ways in
which the community fulfilled the local action requirement. The Droiect is the final phase of a residential
condominium development containina garden stvle and townhouses. The final phase is situated on 11.6
acres of land, more or less, and includes 127 units, most of which are aarden stvle units. The Droiect is
develoDed under a Dlanned unit development ("PUD") zonina by-law. The zoning by-law and special
Dermit reauire that 15% of the units must be affordable. meanina that the units shall be priced to be
available for Durchase by households with annual incomes that do not exceed eighty (80%) of the
median annual household income for Boston Metro DOlitan Area as determined by the most recent
calculations of the U.S. Department of Housina and Urban Development and so the annual housing unit
cost to the household does not exceed 30% of that annual aross income of the household. Other
Droaram restrictions aDDly. The PUD special Dermit contains the requirement for there to be ) 19 units of
affordable housina in this final Dhase.
Signatures of Support for the Local Action Units Application
Chief Executive Officer: Signature:
defined as the mayor in a city and the board
of selectmen in a town, unless some other Print Name: Stephen Goldv. Chairman Board of Selectmen
municipal office is designated to be the
chief executive officer under the provisions Date:
of a local charter
Chair, Local Housing Partnership: Signature
(as applicable)
Print Name:
Date:
Updated February 2012 0 ,
Municipal Contact Information
Chief Executive Officer: Name Stephen Goldv. Chairman, Board of Selectmen
Address Town Hall. 16 Lowell Street
Readina. MA 01867
Phone (781) 942-9043 Email selectmen a().ci.readina.ma.us
Town Administrator/Manager: Name Peter I. Hechenbleikner
Address Town Hall. 16 Lowell Street
Readina. MA 01867
Phone (781) 942-9043 Email townmanaaerO-ci.readina.ma.us
City/Town Planner: Name: Jean Delios
Address Town Hall. 16 Lowell Street
Readina. MA 01867
Phone 781-942-6612 Email idelios c(D.ci.readina.ma.us
Town Counsel: Name Brackett & Lucas
Address 19 Cedar St..
Worcester. MA 01609
Phone (508) 799-9739 Email asbrackett(cDbrackettlucas.com
Chair, Local Housing Partnership (if any): Name
Address
Phone Email
Community Contact Person: Name Jean Delios
Address Town Hall.16 Lowell Street
Readina. MA 01867
Phone 781-942-6612 Email idelios(a)ci.readina.ma.us
The Project
Developer: Johnson Woods Realtv CorD.
Project Site: Johnson Woods (Phase li)
Updated February 2012
Telephone: 781-639-1113
Email: tedmoore2alovergrooertv.com
Address: 156 Johnson Woods Drive, Readina,
MA.
0 6-4c'e
Is your municipality utilizing any HOME or CDBG funding for this project? Yes ❑ No
Local tax rate per thousand $ 14.15 for Fiscal Year 2012
Site Characteristics: proposed or existing buildings by design
, ownership type, and size.
Proiect Stvle
Total Number
Number of Units Proposed
of Units
for Local Action Units
Certification
Detached Single-family house
1
0
Rowhouse/town house
15
0
Duplex
Multifamily house (3+ family)
111
19
Multifamily rental building
0
0
Other (specify)
0
0
Unit Composition
Proposed
# of
# of Gross
Livable Sale
Proposed
Type of Unit: # of Units BRs
Baths Square
Square Prices/
Condo Fee
Feet
Feet Rent
Condo Ownership
Fee Simple Ownership CO
Rental
Affordable: 6 1
1 1000
1000
153000
135
13 2
1-1/2 1150
1150 172000
155
Market: 24 1
1 1000-1400
1000-1400 325000
225
68 2
2 1200-1950
1200-1950 395000
250
16 3
21/2 2450
2450 595000
300
Updated February 2012 e Sv(
Town of ending
6 Lowell free
Reading, i 01867-2685
INCO
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
Website: www. readingma.gov
Legal Notice
(Seal)
Town of Reading
To the Inhabitants of the Town of Reading:
TOWN MANAGER
(781) 942-9043
Please take notice that the Board of Selectmen of the Town of Reading will hold a public
hearing on Tuesday, October 23, 2012 in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts on:
Establishment of Town Manager Screening Committee 5:30 p.m.
Discontinuance of a portion of Jacob Way and alteration 9:00 p.m.
of Jacob Way and South Street
A copy of the proposed documents regarding these topics is available in the Town
Manager's office, 1.6 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 Website at
www.readinama. aov
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 October 23, 2012 to townmanaee'a,ci.readina.ma.us
By order of
Peter I. Hechenbleikner
Town Manager
To the Chronicle: Please publish on October 16, 2012
(0 5-j k
Policv establishing an ad hoc Town Manager Screeninq Committee
There is hereby created an ad hoc Town Manager Screening Committee. The Screening Committee shall
consist of seven (7) members appointed by the Board of Selectmen for terms expiring June 1. 2013 or such
earlier date that the committee may have completed its work. The Board of Selectmen shall select the
chairman of the Committee.
In selecting the membership, the Board of Selectmen shall attempt to fill the membership as follows:
o Two members of the Board of Selectmen
♦ Superintendent of Schools
♦ One member of the Finance Committee
♦ One Department Head
♦ Two members of the public at large
The mission of the Screening Committee is to work with the UMASS Boston Collins Center to screen
applicants for the position of Town Manager by determining which applicants should be invited for a
confidential preliminary interview with the Screening Committee, conducting preliminary interviews and
determining which candidates should be recommended to the Board of Selectmen.. Following is a specific
framework intended to guide the Screening committee.
1. The Screening Committee shall become familiar with the provisions of the Town's charter pertaining to
the powers and duties of the Town Manager and his/her appointment.
2. The Screening Committee shall work collaboratively with the staff of the Collins Center for Public
Management at UMASS Boston along the lines described in the Collins Center Scope of Work dated
October 3, 2012, which is incorporated by reference.
3. The Screening Committee, with the assistance of the Collins Center, shall recommend approximately
three to five candidates to the Board of Selectmen as finalists for the position of Town Manager. The
recommendations shall be unranked and the finalists should be fully vetted before the Screening Committee
makes its recommendation.
4. In carrying out its work the Screening Committee will utilize the Profile approved by the Board of
Selectmen to guide its work as well as the professional advice of the Collins Center staff.
5. To the extent permitted by law, the Screening Committee shall maintain the names and any information
about candidates in strict confidence, revealing information only about the finalists recommended for
interview by the Board of Selectmen when it votes its recommendations.
6. It is the intention of the Board of Selectmen for the Screening Committee to function as a governmental
body as that term is defined in the Massachusetts Open Meeting Law. Members of the Committee who are
not otherwise Town employees or Officials shall be sworn in at Town Clerk's Office.
7. The Board of Selectmen encourages the Screening Committee to consult with Town Counsel to obtain a
thorough understanding of the applicability of the Open Meeting Law to its work, particularly with respect to
record keeping and the ability to maintain the confidentiality of candidates' identities.
8. Plan its work so that the Screening Committee can make its recommendation during the first part of
March 2013.
In conducting its work, the Screening Committee will be bound by all of the rules and regulations of the
Town of Reading and the Commonwealth of Massachusetts, including but not limited to the Open Meeting
Law. The Human Resources Administrator will provide staff support to the Screening Committee but not
serve as a member.
Adopted 10-23-12
DRAFT 2012 Subsequent Town Meeting TUESDAY November 13, 2012
WARRANT OUTLINE REVISED 10/18/2012
Amending the Capital
Proaram FY 2013-FY 2022
Public Li
Mover/ Moderator
Sponsor Comment Notes
11 Street acceptance and discontinuance Board of Selectmen
- Jacob Wav/South Street
12 General Bylaw regulating hours of Board of Selectmen
collection of rubbish and recycling in
commercial zoning districts
13 Amending the Demolition Delay Board of Selectmen
bylaw
Art.
# Article Description
10/18/2012
3o sel
Improvement Board of Selectmen
10 Authorizing debt subject to a Board of Library
proposition 2 '/2 debt exclusion for the Trustees
DRAFT 2012 Subsequent Town Meeting TUESDAY November 13, 2012
WARRANT OUTLINE REVISED 10/18/2012
17 Amendment to RGB section 8.9.4 Petition
Display of the American Flat
10/18/2012
2
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
Town Meeting in this Warrant.
, 2012, the date set for
I also caused a posting of this Warrant to be published on the Town of Reading website on
2012.
, Constable
A true copy Attest:
Laura Gemme, Town Clerk
3~
TOWN WARRANT
OPR
~Q EJg,INCORe~~~O~
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
Background: This article appears on the Warrant for all Town Meetings. At this Subsequent Town
Meeting, the following report(s) are anticipated:
• State of the Schools (School Committee and Superintendent of Schools)
• RMLD Annual Report (RMLB and General Manager)
Finance Committee Resort No report.
Bvlaw Committee Report: No report.
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
Background: This Article appears on the Warrant of all Town Meetings. There are no known
Instructional Motions at this time. The Town Moderator requires that all proposed Instructional Motions be
submitted to the Town Clerk in advance so that Town Meeting Members may be "warned" as to the subject of
an Instructional Motion in advance of the motion being made. Instructional Motions are normally held until the
end of all other business at Town Meeting.
Finance Committee Report: No report.
Bvlaw Committee Resort: No report.
~3
ARTICLE 3 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
Backaround: At the beginning of this article there will be a report by Town, Library, and School
officials on 3 pending/potential capital projects;
• The Library renovation and addition, which has been awarded a $5.1 million state construction grant;
• The Killam School project for improvements to handicapped accessibility, fire sprinklering, energy
improvements (primarily windows), replacement of the gym floor, and a small addition to the
administrative areas;
• A potential project or projects to address space needs related to changes in program requirements -
primarily full day kindergarten.
The following amendments are proposed to the FY 2013 - FY 2022 Capital Improvements Program (CIP) as
previously approved at Annual Town Meeting in April 2012. These amendments need to be included in the CIP
in order for Town Meeting to consider funding them under the various Articles at Town Meeting. The full
revised CIP is included in the blue pages in the back of this report.
General Fund
FY13 +$424.000:
♦ $350,000 DPW roads - Design work for Downtown Project Phase II
♦ $ 42,000 Town facilities - Fire station equipment & repairs;
♦ $ 32,000 Town facilities - Senior Center kitchen repairs;
♦ $ 0 Schools - change purpose of $400k from modular classrooms to the feasibility of alternatives in
order to address school space needs;
♦ $ 0 Town facilities - West Side Fire Station generator (funded by FINCOM Reserve Fund transfer)
FY14 -$109.800 (excludinq last item):
♦ $15,000 School fac. - Joshua Eaton electrical systems;
♦ +$10,000 School fac. - Coolidge carpet increased from $10,000;
♦ - $35,000 School fac. - Parker carpet moved out to FY15;
♦ $10,000 School fac. - Parker mason repairs rear stairwell;
♦ $12,000 Town fac. - DPW windows/doors;
♦ $15,000 Town fac. - Town Hall reconfigure office space;
♦ $60,000 Technology - regional GIS flyover;
♦ 6,000 Firefighter turnout gear increased to $136,000;
♦ - $ 5,000 Firefighter hose replacement reduced to $20,000;
♦ $30,000 DVR video technology (Dispatch);
♦ $25,000 Parking/Animal Control vehicle;
♦ - $35,000 Police Vehicle Video Integration moved out to FY16;
♦ $115,000 DPW Sander moved up from FY19, decrease amount from $123,000;
♦ +$15,000 DPW Ford Utility pickup #11 increased to $50,000;
♦ $55,000 DPW Ford Pickup Utility #C1 moved up from FY15;
♦ $140,000 DPW Snow Plow moved up from FY20 and reduced from $145,000;
♦ - $37,800 DPW Eager Beaver Trailer eliminated;
♦ - $500,000 DPW Birch Meadow Pavillion moved out to FY15;
♦ $5 million Downtown Project Phase II
3 `f
FY15 to FY22:
♦ Various items were added, subtracted, changed or moved to different years.
Finance Committee Report: At the October 17, 2012 meeting, the Finance Committee voted to recommend
the subject matter of this Article 3 by a vote of 7-0-0. This Article allows capital items to be placed in the plan
for consideration and a vote in later Articles at this and future Town Meetings. A 10-year balanced capital plan
is a prudent fiscal tool that facilitates long range planning and prioritization.
This Article addresses a number of routine modifications to the capital plan, as well as a few noteworthy and
material items:
Library - Reading has a tremendous opportunity in the near term to address needed repairs and to modernize
and expand the library with partial funding from the State. We started this discussion two years ago and will
continue it at this Town Meeting and in a Special Town Meeting in early 2013;
Killam - Repairs and renovation are required. The timing is less certain and is geared around Reading
applying for and receiving State funds to partially offset costs;
School Space Needs - With the future desire to move to full day kindergarten and possibly expand pre-school
offerings, this Article begins the discussion by repurposing the previously authorized $400K of funds to seek
out the optimal classroom solution for Reading. It is recommended that remaining funds be returned to free
cash once recommendations to the School Committee have been provided in FY13;
Downtown Steering Phase II - Downtown improvements under Phase I have transformed Reading. Funding
for design work would be one of the first steps if Reading opts to move forward with Phase ll. In Article 4 there
will be discussion of the actual design funding request and the Finance Committee's views on the priority of the
project;
Water Quality - Although not addressed in this Town Meeting, it is important to consider the ongoing and
potential increase in capital expenditures. The Board of Selectmen are considering the added capital which
may be needed to maintain water quality. This is currently funded outside the Town's capital plan through
water and sewer fees. Additional information is anticipated from the BOS in the coming weeks and months.
All of these projects are well worth considering and bring benefits to Reading. The Finance Committee
supports them being added to the capital plan. It is important to next consider the priority and benefits of each
carefully balanced against the impact to the budget and to the Citizens of Reading.
Bvlaw Committee Report: No report.
ARTICLE 4 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 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.
Backaround:
General Fund - Waqes and Expenses
Finance Committee
Account Line Description Decrease Increase
C99-Capital Senior Center kitchen $32,000 $424,000
(Town Facilities) Fire Station equipment & repairs $42,000
Downtown Project Phase II design*
$350,000 f
35
Account Line
Description
Decrease Increase
G91-Town Admin.
Town Manager transition (severance
$53,000
wages
plus overlap)
191-Finance
Regional Appraiser position no longer a
$60,000
wages
wage paid to a Town employee
192-Finance
Regional Appraiser position now an
$97,600
expenses
expense paid to Wakefield $50,000
Communications technology ($18k new
for field use; $14.6k centralized) $32,600
Town Manager transition consulting &
expenses (HR) $15,000
J92-FINCOM
Replenish for replacing the West Side
$30,000
Reserve Fund
Fire Station generator in September `12
K91-Community
Increase Veteran's Services Officer from
$21,000
Services wages
19hrs to 37.5hrs/week
K92-Community
Centralize communications technology
$ 500
Services expenses
budgets -$500 (Elder/Human services)
L91-Library wages
Sick/vacation buyback**
$ 9,950
M92-Public Works
Centralize communications technology
$ 1,600
expenses
budgets -$1,600 (Highway & Pks/Forest)
N91-Public Safety
Police Sick/vacation buyback** $16,750
$111,750
wages
New Police Officer wages (includes
projected OT) $90,000
RCASA partial funding $5,000
N92-Public Safety
Centralize communications technology
$ 6,750
expenses
budgets - $12,500
New Police Officer expenses (uniform &
clothing allowance) $+5,750
Subtotals
$68,850 $747,300
Net Operating Expenses
$678,450
From Tax Levy, State Aid and Other
Local Receipts
$655,108
State aid: +$685,784
State charaes 30.676
Net State Aid +$655,108
*From Permits Revolving Fund $250,000
($330,000 starting balance)
**From Sick/Vacation Stabilization $ 26,700
Fund ($30,500 starting balance)
From Free Cash $253,358
(reduced from $1.0 million to $746,642
used to balance FY13 budget)
Finance Committee Report: The Finance Committee voted 0-7-0 to support the $350,000 capital item for
Downtown Improvements Phase II at their October 17, 2012 meeting. FINCOM did not have sufficient reason
to believe that this project was a higher priority than four other significant capital projects, including the Library
and Killam renovations, the School space needs, and the need for water main repairs. Additionally the low
percentage of state reimbursement compared to Phase I of the downtown project might want us to target those
aspects of the project with the biggest benefit and fund those at a later time.
&
As a result FINCOM recommends that no funds be drawn from the Permits Revolving Fund under this Article,
and that the use of Free Cash to balance the FY13 budget instead be $646,642.
FINCOM voted to recommend the remaining subject matter of this Article by a vote of 7-0-0 at their October
17, 2012 meeting.
Bvlaw Committee Report: No report.
ARTICLE 5 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
Backaround: An invoice was received in the October accounts payable warrant that pertains to FY12.
The invoice is for Reading Trophy & Shirt Co. in the amount of $1,090.85. The invoice is for 8th grade awards
ordered in June 2012. Per discussion with the School Department central office the party placing the order
neglected to issue a PO. This may be due to some confusion about who would be paying the bill. In some
cases these award invoices have been paid by the PTO.
This article will require a super-majority vote by Town Meeting.
Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote
of 7-0-0 at their October 17, 2012 meeting.
Bvlaw Committee Report: No report.
ARTICLE 6 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
Background: The Town of Reading has received an additional $309,000 in payments from the State for the
40R Smart Growth projects at 30 Haven Street and at Reading Woods. In a program presented to Town
Meeting in the fall of 2011, the Town Manager outlined a 3 to 4 year program of dedicating those funds to one
time expenditures - primarily by accelerating the road and sidewalk improvement program.
This article will move that $309,000 to the stabilization fund. It is anticipated that that at the 2013 Annual Town
Meeting a request will be made to appropriate all or part of these funds consistent with the 3 to 4 year plan.
Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote
of 7-0-0 at their October 17, 2012 meeting. The funds represent $3,000 per affordable housing unit within the
two 40R Smart Growth Districts. Passing this Article moves the funds from the general fund, where they would
ultimately flow to free cash, to the stabilization fund so that they may be used for their intended purpose.
Bvlaw Committee Report: No report.
ARTICLE 7 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
6
Backaround: The Town set up a Stabilization Fund a number of years ago to be utilized to pay sick leave buy
back and/or accrued vacation leave to employees who are leaving the employ of the Town - usually through
retirement. Sick Leave buy-back is being phased out for municipal employees, but there are still a number of
employees who are eligible. The fund currently has a balance of $3,800 (if the transfer in Article 4 is approved),
and the Town Manager is recommending putting an additional $50,000 into the fund as there are known FY13
future expenses of $41,552 that will be paid out prior to Annual Town Meeting in April 2013.
Prior to having a stabilization fund for this purpose individual department budgets had to anticipate retirements
and increase or decrease from year to year to pay such expenses. This resulted in periodic artificial increases
in Department budgets, making it difficult to budget from year to year.
Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote
of 7-0-0 at their October 17, 2012 meeting. The Finance Committee supports the use of a sick Leave
Stabilization Fund, as it allows a more accurate historic look at operating budgets, without the distortion of
these one-time payments. The practice of "buying out" a retiring Town employee's sick time is being phased
out.
Bvlaw Committee Report: No report.
ARTICLE 8 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
Background: Residents located in the vicinity of 152 to 162 Walnut Street and 13 & 17 Curtis Street are
experiencing periodic flooding of their properties during heavy rain storms. There is an existing Town owned
drainage system and easement located in the area. However the flooding the residents are experiencing,
which is the result of an isolated depression is not tributary to the current drainage system.
The acceptance of a 3,240.9 square foot drainage easement as depicted on the plan entitled "Drainage
Easement Located At 152 & 156 Walnut Street, Reading, Ma," prepared by the Reading Engineering Division
dated August 20, 2012 will enable the Town to construct and maintain the necessary drainage improvements
to alleviate the flooding.
The following owners have agreed to transfer the following easement rights to the Town for a nominal fee of
$1.00.
Location Owner Easement Area
152 Walnut Street Stephanie A. Viani and James B. Hromadka 625 SF
156 Walnut Street Daniel F. Fleming and Margaret A. Fleming 2,615.8+/- SF
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Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote
of 7-0-0 at their October 17, 2012 meeting.
Bvlaw Committee Report: No report.
ARTICLE 9 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
Background: The MWRA's Infiltration and Inflow (1/1) Local Financial Assistance Program provides support to
MWRA member communities to perform sewer rehabilitation and reduce infiltration and inflow into the sewer
system.
MWRA Assistance
• The assistance is provided thro
• Phase 8 Allocation is $421,000
• Loan pay back to the MWRA
distribution of the funds
ugh a combination grant and no-interest loan
- $ 189,450 (45%) Grant
$ 231,550 (55%) Non-interest loan
- Equal installments over a Five-Year Period beginning one year after
Acceptance of the grant/loan offer will enable the Town to continue with its 1/1 removal program to remove
unwanted storm water flows from the sewer system which reduces excess sewer assessments from the
MWRA and decreases the excess demand on the sewer system.
Infiltration occurs when surface water enters sewers through leaks, cracks and faulty joints in pipes and
manholes. Inflow is caused from stormwater runoff that enters the sewer system through improper
connections such as cross connected drains, roof drains and sump pumps.
The Town's 1/1 removal program consists of:
• House-to-house inspections
o The house-to-house inspections identify inappropriate direct connections (inflow) to the Town's
sewer system with the purpose of assisting residents with identifying methods to remove the
connections. The Town also provides limited financial assistance to the homeowner.
• TV inspections, testing and sealing of manholes and sewer mains
o TV inspections and the testing and sealing of manholes and sewer mains allows the Town to
internally inspect sewer mains and manholes to with the purpose of identifying and eliminating
points of infiltration into the sewer system.
• Sewer system smoke testing
o Smoke testing of the sewer system is a method of identifying points of infiltration or inflow into
the sewer system where visual or TV inspection access is not possible
• Spot repair, lining and replacement of sewers
o Spot repairs, lining and replacement of sewers are performed when damage to the sewer
system is not repairable or cost effective through internal sealing.
• Flow metering and gauging
o The Town also performs flow metering and gauging to assist the Town in determining the areas
of the sewer system that are experiencing the highest levels infiltration and inflow. Flow
metering also assists in determining how affective the Town has been in mitigating 1/1 for the
past several years.
Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote
of 7-0-0 at their October 17, 2012 meeting. This continues our repairs of sewer inflow and infiltration with
favorable terms including a 45% grant and interest free loan for the remaining 55% of this phase.
Bvlaw Committee Report: No report.
ARTICLE 10 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 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 1/2 debt exclusion for the Town portion of the cost of the project, or
take any other action with respect thereto.
Board of Library Trustees
Backqround: The intention is to present a report of the status of the Library project under Article 3,
and to then indefinitely postpone the subject matter of this Article. A Special Town Meeting will be called by
the Board of Selectmen for late January 2013 to approve the substance of this Article. If the Article is
approved by Town Meeting by a 2/3 vote, then the April 2 2013 Town Election ballot will include a question
asking whether the Town will approve a Proposition 2 debt exclusion for the Town's share of the cost of the
project - estimated to be $7.1 million.
u6
The following is the report to be given under Article 3.
On October 4, 2012, the Massachusetts Board of Library Commissioners announced that they have awarded
Reading Public Library a General Construction Provisional Grant award of $5,105,114.
Planning Process
The Reading Public Library Board of Trustees commissioned a study in 2010 to determine present and future
facility needs in the light of steady growth in service and multiplying facility deficiencies. The Trustees are
committed to preserving the character of the current library while enhancing its accessibility, functionality and
adaptability.
Beacon Architectural Associates, working in conjunction with Adams & Smith Architects, determined that the
current building is structurally sound but highly inefficient for today's needs. Their proposal calls for
rearrangement of existing internal space and a 7,596-square-foot expansion on the hill at the easterly side
toward School Street. The two-story addition would align with the lower and main levels of the current building.
Major structural repairs and substantial renovation are required to comply with current building codes.
The 2010 Fall Town Meeting authorized the Library Trustees to apply for a state grant for construction. The
application was submitted in January 2011. The Library staff and Trustees conducted information sessions and
building tours in 2011-2012 while the Trustees waited for the Governor to release additional funding in Fiscal
Year 2013 so that the Reading project can begin.
During the next nine months the Reading Library Trustees and town officials will work with the community to
gain the local match funding necessary to move forward with the grant. "Local support is really key to the
success of a project because it ensures that each project meets the unique needs of its residents," said
Rosemary Waltos, MBLC Construction Specialist.
History
On March 3, 2012, the Library celebrated its 28th year in the 116-year-old Highland School building. Since its
relocation to the historic landmark in 1984, the community's use of the library has more than doubled.
For many of us, the Library as it is feels like home. But there are limitations to an old school building serving
as a busy, high-traffic library: inflexible spaces due to inadequate infrastructure; no room to grow or update
technology; no place to plug in a computer or laptop. The dark corners, dead-end stacks, and hidden areas
make supervision of public spaces difficult and public safety and accessibility issues need to be addressed.
Structural problems need to be fixed: the roof leaks; the basement sometimes floods and is often damp; the
gutters, masonry, and windows need major repairs; and the HVAC, lighting, and work spaces are inefficient
and outdated.
Need
The community's use of the library has doubled in measurable ways and skyrocketed in many others. As one
patron describes it, the library has become the living room of the community. It is a focal point that attracts
residents of all ages. The charts show the tremendous growth of library use in recent decades.
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LIBRARY CIRCULATION
TEEN COLLECTION
3,000,000
5,877
Z,500,000 I_
6,000
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2,000,000
5,000
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2,990
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Year 2002
Year 2010
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Use of Library Meeting Rooms
Interlibrary Loans
1982-2010
350,000
300,000
250,000
200,ODO
150,000 74. s',c
100,000 3,370
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Year 2001-2004 Year 2007-2010
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Quotes of Support
"After a review of this documentation and presentation, the Commission has determined that the proposed
project will comply with the spirit of the renovation and construction guidelines enumerated by the Secretary of
the Interior for buildings listed on the National Register."
Reading Historical Commission, January 2011
"As the Director of Community Services/Town Planner I applaud the efforts by all involved in this endeavor to
update, expand, and rehabilitate and breathe new life into the Reading Public Library. Careful planning has
resulted in a vision for the future of the Reading Public Library that is truly exciting.... The Reading Public
Library represents a unique opportunity to both preserve an historic building while also develop a new wing
that will complement, not compete, with the buildings original grandeur....
The library's plan is consistent with the Reading Master Plan because it will preserve a vital educational,
cultural, architectural, and historic resource. Likewise, it is located within walking distance of downtown and
reinforces the attractiveness of our "village style" town center. The availability of more space for community
meeting rooms, children's activities, reading rooms and quiet study, and new computer areas will completely
transform the Reading Public Library. The green roof and energy efficiency elements of the plan are especially
noteworthy and consistent with our plans for sustainable development."
Jean Johnson Delios, Community Services Director/Town Planner, January 2011
0q7-1
"The Reading Public Library building, originally built as a school, was converted to a library facility in 1983 as
the Town of Reading's needs grew. Over the course of its 116- year-life many small renovations have
occurred with the most recent occurring in 1983. The spaces have been repurposed to allow the Library to
operate more efficiently. However due to the age of the building, its overall condition and its ability to function
as a 21St century Library, a full renovation is necessary."
Joseph P. Huggins, Director of Facilities October 2012
Goals of Library Building Program
• Make exterior and interior repairs
• Replace windows for greater
efficiency
• Improve HVAC and lighting
• Accommodate new technology
• Increase staff work space
• Improve circulation efficiency
• Expand Children's area
• Improve accessibility issues
• Relocate meeting rooms
• Create more study space and
quiet areas
FIRST FLOOR
First Floor Plan
• Computer classroom
• New young adult area
• Relocation of general stacks
• Additional study areas
• More space for public computers
• Quiet reading room and nooks
• Parking lot entrance
relocated symmetrically
• Modernized circulation area
including optional self-checkout
• Processing area for
increasing homebound request
Cq13)
SECOND FLOOR
f
I
Second Floor Plan
• Doubling of space for children • Designated area for children's
programs
• Additional computer stations for • Space for outdoor programs
children surrounded by a green roof
• New early learning center
GROUND FLOOR
• 3 additional study rooms • Enhanced staff presence
on lower level
• Additional conference rooms
• Larger meeting room with
accessibility after library hours
• 7 Additional Parking spaces
• Fully accessible book stacks
with better lighting
• Relocation of Local History
0qq
Finance Committee Report: No report.
Bvlaw Committee Report: No report.
ARTICLE 11 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
Backqround: During the review and acceptance of the Reading Woods Condominium complex the
Town required the reconfiguration of Jacob Way and South Street. This Article authorizes the necessary
acceptance of land transfers, discontinuance of roadways and acceptance of the alteration in the roadway
layouts of Jacob Way and South Street as approved by the Community Planning and Development
Commission and the Board of Selectmen following extensive public hearings.
Re-location of Jacob Way five (5) feet southerly
The existing Jacob Way is to be relocated approximately 5 feet in a southerly direction for the majority of its
length. To provide for this relocation and to keep the current minimum width of Jacob Way forty (40) feet for the
majority of its length, the Town will discontinue the oortion of Jacob Wav shown as Parcel 7 containing 4,100
SF as depicted on the plan entitled "Modified Subdivision Plan of Land & Jacob Way/South Street Alteration
Plan Reading Woods in Reading, MA" Prepared For Pulte Homes of New England, LLC, 115 Flanders Road,
Westboro, MA 01581, dated September 20, 2011 and recorded with the Middlesex South Registry of Deeds as
Plan No. 327 of 2012. The discontinued Parcel 7 will be transferred to Pulte Homes of New England LLC. for
the consideration of no more than One Hundred ($100.00)00/100 Dollars
Pulte Homes of New Enaland LLC will arant to the Town of Readina Parcel 2 containing 3,121 s.f. for
roadway purposes as shown on the plan entitled "Modified Subdivision Plan of Land & Jacob Way/South Street
Alteration Plan Reading Woods in Reading, MA" Prepared For Pulte Homes of New England, LLC, 115
Flanders Road, Westboro, MA 01581, dated September 20, 2011 and recorded with the Middlesex South
Registry of Deeds as Plan No. 327 of 2012. Said parcel is necessary for the re-alignment of the Jacob Way in
the southerly direction.
The combination of Parcel 6 (the remainder of the current Jacob Way layout not discontinued), Parcel 2 and
Parcel 3 (identified below) will form the relocated layout of Jacob Way.
Alteration of the Jacob Way 1 South Street intersection
To provide sufficient roadway layout for the recommended alteration of the Jacob Way/South Street
intersection Pulte Homes of New Enaland LLC will arant to the Town of Reading Parcel 3 containina 1,197
SF. and Parcel 4 containing 3,498 SF for roadway purposes as shown on the plan entitled "Modified
Subdivision Plan of Land & Jacob Way/South Street Alteration Plan Reading Woods in Reading, MA" Prepared
14 D
For Pulte Homes of New England, LLC, 115 Flanders Road, Westboro, MA 01581, dated September 20, 2011
and recorded with the Middlesex South Registry of Deeds as Plan No. 327 of 2012.
Parcel 3 will become part of Jacob Way layout alterations and Parcel 4 will become part of South Street layout
alteration.
Pulte Homes of New England LLC will grant parcels 2, 3 and 4 a total of 9,083 s.f. to the Town of Reading
for the consideration of no more than One Hundred ($100.00)00/100 Dollars.
Jacob Way Alteration
Upon completion of the land transfers the layout of Jacob Way is hereby altered to the following meets and
bounds:
Beginning at a granite monument to be set which is located on south line of the relocated South Street, a
public, variable width right of way which is also the north east terminus of Jacob Way, as relocated;
thence S 24°50'44" W a distance of 85.36';
thence 102.52' along a curve turning to the right with a radius of 250.00';
thence S 48°20'26" W a distance of 134.38' to a granite monument to be set;
thence 162.82' along a curve turning to the right with a radius of 285.00' to a granite monument to be set;
thence S 81 °04'28" W a distance of 445.86' to a granite monument to be set;
thence 31.76' along a curve turning to the right with a radius of 100.00' to a granite monument to be set which
is located at the north west terminus of Jacob Way;
thence S 03°19'02" E a distance of 45.22' to a granite monument to be set which is located at the south west
terminus of Jacob Way, as relocated;
thence N 81 °04'28" E a distance of 610.87' to a granite monument to be set which is located on the north line
of State Highway Route 128 also known as Interstate Highway Route 1-95;
thence along the north line of said highway 209.82' along a curve turning to the right with a radius of 375.00';
thence N 33°26'28" E a distance of 193.93' to a granite monument to be set on the south line of South Street at
the south east terminus of Jacob Way, as relocated;
thence along the south line of South Street N 56°33'32" W a distance of 58.96' to a granite monument to be
set;
which is the point of beginning,
having an area of approximately 43,163 square feet, 0.99 acres.
as shown on the plan entitled "Modified Subdivision Plan of Land & Jacob Way/South Street Alteration Plan
Reading Woods in Reading, MA" Prepared For Pulte Homes of New England, LLC, 115 Flanders Road,
Westboro, MA 01581, dated September 20, 2011 and recorded with the Middlesex South Registry of Deeds as
Plan No. 327 of 2012 and further depicted on a plan entitled "Alteration of Jacob Way and South Street"
prepared by Marchionda & Associates, L.P. of Stoneham, MA, for the Town of Reading, dated October 23,
2012
South Street Alteration
Upon completion of the land transfers the layout of South Street is hereby altered to include the following
meets and bounds:
Beginning at a point located on south line of South Street, a public, variable width right of way and the east line
of land now or formerly of Murphy;
thence along land now or formerly of Murphy S 08°47'52" E a distance of 5.17' to a granite monument to be
set;
thence N 80°44'14" E a distance of 68.49' to a granite monument to be set;
thence 47.22' along a curve turning to the right with a radius of 75.00' to a granite monument to be set;
thence 46.10' along a curve turning to the right with a radius of 30.00' to a granite monument to be set;
thence S 56°33'32" E a distance of 58.96' to a granite monument to be set which is located on the south line of
Jacob Way, a public, variable width right of way;
15 0
thence along the south line of Jacob Way the following two courses:
N 33°26'28" E a distance of 120.95' to a granite monument to be set;
34.68' along a curve turning to the right with a radius of 40.00' to a point which is located at the intersection of
the south line of Jacob Way and the south line of South Street;
thence along South Street the following three courses:
S 83°07'18" W a distance of 128.34';
S 06°52'42" E a distance of 7.66';
S 81 °12'08" W a distance of 147.66' to the point of beginning;
having an area of approximately 9,409 square feet, 0.22 acres.
as shown on the plan entitled "Modified Subdivision Plan of Land & Jacob Way/South Street Alteration Plan
Reading Woods in Reading, MA" Prepared For Pulte Homes of New England, LLC, 115 Flanders Road,
Westboro, MA 01581, dated September 20, 2011 and recorded with the Middlesex South Registry of Deeds as
Plan No. 327 of 2012 and further depicted on a plan entitled "Alteration of Jacob Way and South Street"
prepared by Marchionda & Associates, L.P. of Stoneham, MA, for the Town of Reading, dated October 23,
2012
The Board of Selectmen will hold public hearings for the discontinuance, alteration and relocation of Jacob
Way and South Street on October 23, 2012.
Engineering plans, with metes and bounds description of the streets, are available for public examination in the
office of the Town Clerk and the Engineering Division
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Finance Committee Report: The Finance Committee recommends the subject matter of this Article by a vote
of 7-0-0 at their October 17, 2012 meeting.
16 6
Bvlaw Committee Report: No report.
ARTICLE 12 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
Background: Massachusetts General Law prohibits a community from enforcing regulations restricting
rubbish collection in commercial areas at night. However, a community may regulate hours of rubbish
collection in commercial areas by a local bylaw.
In residential areas the community may, as Reading does, establish hours of rubbish collection through Board
of health regulation.
This Bylaw would prohibit rubbish collection in any area within 100 yards of a residential area between 9:00
p.m. and 6:30 a.m., consistent with the Board of Health regulations for residential areas.
This has become an issue because most of Reading's commercial areas are within 100 yards of residential
areas, and when rubbish is collected at hours of the night - such as 4 am it is a nuisance to nearby residents.
Finance Committee Report: No report.
Bvlaw Committee Report: Recommends by a vote of 4-0-0.
ARTICLE 13 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,
7.2 Historic Demolition Delav
7.2.1 Purpose
The purpose of this bylaw is to provide the Reading Historical Commission with a tool to assist the
Commission in its efforts to preserve the Town's heritage and to protect historically significant
structures within the Town, which reflect or constitute distinctive features of the architectural, cultural,
economic, political or social history of the Town.
The 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 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
17
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:
• 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:
18 (3q
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 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
19 R
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 Buildina 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.
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
20 P
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.
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.
21 `,L
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 Emergencv Demolition
Nothing in this Section shall be construed to prevent the Building Inspector from ordering pursuant to
M.G.L. Chapter 143 the emergency demolition of a structure included in the List of Historic Structures.
Before issuing an order for an emergency demolition of such a structure, the 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
Backqround: At least two Town Meeting warrants over the past several years have included petitioned
warrant articles amending the Demolition Delay bylaw. Most recently the 2012 Annual Town Meeting warrant
included such a petitioned article, and the Board of Selectmen asked the petitioner to agree to an indefinite
postponement of the article so that the Board of Selectmen, through the Town Manager, could conduct a more
thorough review of the entire bylaw, since in the Board of Selectmen discussion on the matter it became clear
that there were differences of opinion even among members of the Reading Historical Commission on how the
bylaw actually worked.
This Article would rescind the existing bylaw, and replace it with the language as presented. There are
two new sections - 7.2.3.2 which provides for an appeal by a property owner from having his/her property
included on the List of Historic Structures, and Section 7.2.6.4 which provide for an appeal from the imposition
of the demolition delay by an owner of property which is on the List of Historic Structures.
Additionally, the proposed bylaw eliminates a confusing and redundant part of the process from the
current bylaw, clarifies the process by which properties get added to the List of Historic Structures, and
otherwise clarifies and simplifies the bylaw.
Finance Committee Report: No report.
Bvlaw Committee Report: Recommends with modifications by a vote of 4-0-0
The Bylaw Committee reviewed the subject matter of this article in great detail with both the Historic
Commission and the Town Manager. Additionally, the Chair of the Bylaw Committee was a member of the
22
S3
working group that discussed changes to the Demolition Delay bylaw. This article is the result of all this
discussion.
The Bylaw Committee did in its final decision make recommendations for changes to the Article in
Sections 7.2.3, 7.2.3.2 and 7.2.6.4. With these changes the Bylaw Committee feels that the changes to both
the Establishment of the List of Historical Structures and the Demolition Delay will result in a workable
document that will serve all parties well.
Bylaw Committee Recommendations
Changes to Article 13
Section 7.2.3
Change the second sentence to "This List shall be updated by the Commission from time to time
as needed."
Section 7.2.3.2
Change last sentence in paragraph to "A structure whose owner objects may only be included on
the List if a minimum of 4 members of the Commission vote to do so."
Section 7.2.6.4
Delete the sentence "Filing an appeal will not extend the delay of up to 6 months imposed under
Section 7.2.6.1 of this bylaw."
And replace it with "The filing of an appeal will stay the start of the 6 months imposed under
Section 7.2.6.1 of this bylaw until the day following the final rendering of a decision by the Board of
Selectmen on the adjudication of the appeal."
Historical Commission Report: In 1995, Town Meeting adopted the Demolition Delay Bylaw to encourage
saving the Town's historical structures. This bylaw enables the Historical Commission to work with property
owners to seek alternatives to demolition. To avoid misunderstanding, demolition is defined as total
destruction of a structure; demolition in no way refers to any interior or to any exterior alteration or renovation,
including additions, expansions, removal of a porch, remodeling a kitchen or bathroom, or other types of major
modifications.
Earlier this year in response to the Selectmen's request to simplify and to clarify the process and procedures
used and to allow for greater owner participation, the Reading Historical Commission (RHC) wrote a series of
revisions to make the process more transparent and understandable. Much of that resultant document was
used by the Town Manager to rewrite the bylaws after a Working Group laid out the current process. While the
Commission generally supports the main body of the text and believes it meets the Selectmen's objectives, if
this bylaw is adopted, a couple of its key points would greatly compromise and limit the Commission's ability to
maintain the historical aspects of Reading. Therefore, the RHC offers and encourages the acceptance of the
following three recommendations:
RECOMMENDATIONS:
7.2.3 Commission to establish a List of Historic Structures.
Add wording to allow for the removal of a structure from the List after it is demolished, which would
enable the maintenance of an accurate List.
7.2.3.2 Owners Appeal of addition of a structure to the list.
Modify the votes needed "to an affirmative vote by 4 members".
7.2.6.4 Appeal of Imposition to the Demolition Delay.
Remove this appeal process from the bylaw. The Commission cannot support inclusion of an appeal
process after a short term demolition moratorium is enacted, which by its nature, has a built-in
rescission. Incorporating this appeal, as written, would severely diminish the bylaw's purpose and its
effectiveness.
23
0
OVERVIEW of CHANGES and RATIONALES:
The Commission is in agreement with the Bylaw Committee's report that supports the intent of the first two
recommendations above.
The third, if adopted over the RHC's staunch objection must incorporate safeguards to prevent overly hasty
and/or frivolous appeals and to circumvent a reduction in the six-month time allocation for the Demolition
Delay The RHC offers two Alternative Recommendations, if the majority chooses to retain this section of the
bylaw:
1. If the Selectmen vote to release a property from the Demolition Delay, the vote should be the same
super majority vote to which the RHC is held during the initial inclusion of the structure on the List and
2. If the Selectmen vote to deny an Appeal for Demolition Delay, the six-month Demolition Delay time
period should begin the day after the Selectmen's vote.
SPECIFIC CHANGES and DETAILED RATIONALES:
Recommendation 1: Section 7.2.3 Commission to Establish a List of Historic Structures
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, fallowing the
demolition of the property, 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 is an editorial change to add the phrase following the demolition of the property," after the words "or
subtracted".
• Point of clarification - List Update
Currently, there are no provisions in the bylaw to remove a demolished property from the List. This phrase
would allow the Commission to update the List and to have such an accurate List available for the Building
Inspector. Note: this removal from the List does not remove the property from the Town of Reading's
Historical and Architectural Inventory, as this is a permanent record of Reading's past.
Recommendation 2: Section 7.2.3.2 Owner's Appeal of addition of a structure to the List
7.2.3.2 Owner's Appeal of addition of a structure to the List of Historic Structures
An owner, at the public hearing at which additions to the List of Historic Structures are to be
considered, may object to inclusion of their structure onto the List of Historic Structures. At the
hearing or such later date as agreed by the Commission, the owner shall submit information or
documentation in support of their objection. The Commission may consider their objection at the
hearing and/or subsequent public meetings, and the Commission shall not vote to include the
structure in question onto the List of Historic Structures until all information supplied by the
owner can be fully considered by the Commission. In considering whether to finally vote to
include a structure on the List of Historic Structures the Commission will consider the
information provided by the owner, and particularly how the structure meets the criteria
established in 7.2.3.1. In addition to those criteria, the Commission will consider the uniqueness
of the structure, quality of the materials remaining on the outside of the structure, and financial
or other hardship that might be created to the owner by inclusion of the structure onto the List of
Historic Structures. A structure whose owner objects may only be included on the List of Historic
Structures wf all 5 rnembeFs of the Commission vote to do so by an affirmative vote of at least 4
members of the Commission.
The RHC considers this to be an appropriate appeal and is not objecting to this addition to the Demolition
Delay Bylaw. However, we are offering one modification to this section: Replace "if all 5 members of the
Commission vote to do so" with "by an affirmative vote of at least 4 members of the Commission".
Rationale:
24 J
• Higher Standard
Requiring a unanimous vote of 5 members imposes a higher standard than required in nearly all other
Town bodies, and the change to an affirmative vote of 4 members (a super majority) maintains
consistency throughout the Demolition Delay Bylaw.
While this vote by the RHC would affect property owners, other decisions made by Town bodies also
affect property owners, and they are not required to have a unanimous vote.
• Additional Information Submitted by Property Owner for RHC's consideration for appeal
The appeal procedure requires the RHC to consider additional information presented by the property
owner and to consider the criteria differently, so even an affirmative vote by 4 members (the same vote
as that required to add a structure to the List with no objection) would be more difficult to achieve after
considering the property owner's additional information supporting that individual's objections.
Recommendation 3: Section 7.2.6.4 Appeal of the imposition of Demolition Delay
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 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
The Commission does not endorse the appeal provision that allows for a property owner to seek relief from a
6-month delay after due process before the Commission. Aggrieved owners do have the right to an appeal to
Court. The owner never loses his/her right to demolish his/her structure, as a Delay is only an interim
protection provision. The RHC considers this to be an inappropriate appeal and objects to this addition to the
Demolition Delay Bylaw. Therefore, the RHC's recommendation is to remove the entire 7.2.6.4 section.
Rationales for this recommendation follow:
• The demolition delay was reduced from 12 months to 6 months at the April 2011 Town Meeting. This
was done as a compromise between the Town's desire to maintain its historical heritage and to the
benefit of the individual property owner.
• A Demolition Delay Bylaw is a common tool used by many (130 cities and towns in Massachusetts.
No Demolition Delay appeals are in the template for bylaws from the Massachusetts Historical
Commission, which is the template upon which the RHC's bylaw is based.
• Town Counsel Gary Brackett in an email, April 3, 2012, to an inquiry from Peter Hechenbleikner, Town
Manager, noted "The Demolition Bylaw . . . is a form of a moratorium on development, sometimes
referred to as an `interim protection provision'. These controls serve to protect the status quo for a
limited period of time (6 months) while alternatives to demolition of the structure in question are
explored.... controls of this sort are temporary
25
The 6-month delay is a temporary condition which is automatically rescinded after the 6-month period.
This automatic rescission is unlike other decisions made by other Town boards, which are permanent.
Therefore, no appeal is necessary.
Section 7.2.6.4 is redundant and hence unnecessary. Working with the RHC early on in the process
may result in an early release from the delay, per section 7.3.6.2 Release of Delay. The Bylaw
encourages owners and the RHC to work collaboratively to find an alternative to demolition which is
acceptable to the owner. It encourages people to work together without creating animosity or
adversarial positions.
This appeal threatens all properties (350 currently protected from expedient demolition not just the
99 which were added in 2010.
Therefore, the RHC recommends that Section 7.2.6.4 be removed from Article 13.
Thank you for considering these three recommendations from the Reading Historical Commission to Article 13
Understandina the Demolition Delav Bvlaw
To help understand the Demolition Delay Bylaw the RHC wishes to share this standard letter that we use to
explain it and how it is applied. This letter is sent to anyone who inquires about the bylaw.
"Thank you for inquiring about what it means for your (or your client's) home being identified as historic, by the
Reading Historical Commission (RHC). I am happy to tell you that the RHC does not have any specific, rules,
criteria or restrictions on the Historic homes in Reading, except for those few properties that have preservation
deed restrictions. However, the RHC works under a Demolition Delay bylaw that is a temporary delay, of up to
6 months, in order to work with the owner to seek alternatives to complete demolition.
The Demolition Delay bylaw is not imposed when someone wants to renovate or remodel their historic home.
For example, demolishing a portion of the interior such as a kitchen or bath or even completely gutting the
interior will not enact the bylaw. Demolition is defined in the bylaw as 'Any act of pulling down, destroying,
removing or razing a structure or commencing the work of total destruction with the intent of completing the
same and/or work requiring a Demolition Permit.'
Recently, one of the historic homes, a classic 1930 bungalow, was sold. It was completely gutted to the studs
and a dormer was added to the back. Windows were replaced with like size and style and siding was repaired.
After the renovation was completed, you could not tell that anything had changed. The home remains as it
looked when it was chosen as a classic bungalow, but now it has been updated for today's buyer. The work on
the home was not considered complete demolition, as determined by the Building Inspector and therefore
never triggered the Historical Commission Demolition Delay Bylaw.
The RHC actually encourages active updates to help preserve the Historic home that the owner is the steward
of. Without updates with preservation in mind, the Historic home could become a victim of demolition by
neglect.
Another question that you had asked about, was adding on to the Historic home. The RHC has no restrictions
on additions, but the Zoning Board of Appeals (ZBA) may need to review the plans if there were any
restrictions on the lot size, boundaries, or zoning. Besides, zoning and lot sizes, the only other properties that
have restrictions on renovation are those properties that are within the West Street Historic District. The West
Street Historic District is not part of the RHC. I don't know all of the restrictions that they oversee, but I do have
a basic understanding that the owners of those homes, within the district, need to apply for approval from the
West Street Historic District, for renovations, especially those that may be seen from the road.
I hope this has answered your questions. It is very important to make sure that all realtors, sellers, buyers, and
developers understand that there is no delay imposed, unless there is complete demolition.
Our main purpose is to try and protect and preserve our historic fabric with education and seek alternatives to
demolition."
26 9
Form B - Building
MASSACHUSEWS KWORWALC SMN
MASSACHUSETTS ARCHIVES BUILDING
BOSTON, MASS1'LCHUSES 17 02125
phobwaph
map
~Yl iioscdc: Lt `sLn:i c';k :.l +1v~'si r,-- i+cr
D-i98 ~
Taws Reading, 1 : -satc a~~w t#s
Race me ghborhooi, C? (1'!' ze
Address -16 Lowell Street
H =rorie ame -NAT. REG_ CcxinmDn Dist. Reading
7a 1 cj,-i a Hall
~y
Present Use - unimpal office
Original Use -municipal G ces
Date of Cowstruction .4918
Swurce -Reading Annual Reports
Style: Form -Gewgian Revival
architect,,' Builder -.der, Pai- e•r Jv-, Sidebot'tom
Exterior Nbterigls
10
1 I' ~ `t i ~ 7 Y w~ ,
a a t'
,c 1(((r
21
Recorded brv A d tectural Presei-u-ation Asrsociat
Or :iaatmn Reading Hi toncal C0111=111 Lou
Date 1113M980
Wall Trim - brrel-, granite
Roof
Outbuildings . onda= Structures
Major Alter-itions (with dator)e+euneeted to 6 Lowell
St. (fmmmff Library) in 1989.
Condition -
MaTed -
ereagre -less than 1 acre
Setting, -comer lot.lullgrate ret tinnig wall
1-r~,La~r kY;.iuGHItaSnlj Af , ,,r.soaj s:rE1k3.LS,n.V. .,i. , . I ).I. f.,
27
Prhted oo 10'2112012
BUILDING FORM 16 Lowell Street
ARCHITECTURAL DESCRIPTION see continuation sheet
Describe architectural features. F_ valuato the characteristics of this building in terms of other buildings within the community
This 2-story, hipped-roof, red-brick building in the Georgian Revival style is given public significance by its central pavilion, tall
doorway frontispiece, and ogee-roofed cupola with copper weathervane. A molded brick watertable, oversized granite keystones, and
a modillioned cornice are other decorative details. The door surround on the main facade features fluted pilasters, a broken scroll
pediment with pineapple, and an oversized leaded glass transom. The southeast doorway has half-round fluted columns supporting
an entablature with pulvinated frieze breaking forward, and a triangular pediment facing southeast toward the Common,
The architects of the budding were Willard P Adden, Winthrop D Parker, and George Sidebottom, all Reading residents Iwo
were principals in the Boston firm of Adden & Parker.
In 1989 a connector was built to link the former public library building with the town hall,
HISTORICAL NARRATIVE d see continuation shoat
Discuss the history of the building Explain its associations with iocal (or state) history Include uses of the building, and the role(s) the
owners/occupants played within the community
CRITERIA FOR NATIONAL REGISTER 7/19/84
The Reading Town Hall is significant (1) for its role in the governmental history of the town, (2) for its connection with local architects
Willard Adden, Winthrop Parker, and George Sidobottom, (3) for its commanding presence on the nor-twest side of the Comon, and
(4) as an excellent example of Georgian Revival architecture. It retains integrity of location, design, setting, materials, workmanship,
and feeling, and meets Criteria A, B, and C of the National Register
The village of Reading was incorporated by the Massachusetts Bay Colony in 1644. Basic organization of the town was through
the established Congregational Church, which set off the -Third Parish (now Reading) from the First Parish (now Wakefield) in 1769.
Voters in the mid-18th century were required to have suitable money or land estate, and church membership was required, as was
attendance at town meeting. Amendment 11 to the Massachusetts Constitution, passed in 1833, officially separated the church and
state.
After that year, town office space was rented in a succession of buildings. The first structure erected especially to provide space for
municipal offices still stands at 49 Pleasant Street (fern no. B-59), on the corner of Pleasant and Parker Street. Built in 1883, it also
housed the Fire Department and Police Department.
When the complexity of modern government required larger quarters, a decision was made to build the present town hall on the
west side of the Common. This area had been part of the Parker family's holdings, and later part of the Rev Peter Sanborn's farm
Sanborn was minister of the Third Parish (later the South Parish) Church from 1790-1820,
BIBLIOGRAPHY and/or- REFERENCES see continuation shoe
1 own reports - 1918
Chronicle, July '19. 1918; June 18, 19/7
Later), Memorial Volume, p. 224
Wadlin, Concerning the Past, Chapter 45
Recommended for listing in the National Register of Historic Places. If checked, you must attach 1/95 Printed on 1012112012
a completed National Register Criteria Statement Form.
ARTICLE 14 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
28
• 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
Section
Penalty Penalty Penalty
First Second Additional
Offense Offense Offenses
7.1 Wetlands Conservation
Protection Commission
Conservation
Administrator
Regulation a. Failure to file a Notice of Intent or Request $300.00
Section 2.H. for 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 $300.00
Enforcement 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 $ 25.00
activity 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 Warning $ 25.00
erosion controls (per project).
f. Failure to comply with any Condition of an $ 25.00
Order of Conditions or Determination of
applicability or Minor Project permit
g. Failure to apply for a Certificate of Warning $ 50.00
Compliance in a timely manner.
h. Conducting an activity subject to the Bylaw $ 50.00
and Regulations after the expiration of a valid
Order of Conditions or Determination of
Applicability.
or take any other action with respect thereto.
$100.00
Conservation Commission
Background: Article 14 makes two changes to the Town Bylaw, both related to fines imposed for
violations of the Reading Wetland Regulations and enabling Bylaw. The first is a change in the wording of the
title and introduction to make it clear that the fines listed apply not only to violations of bylaws but also
regulations. This was suggested by Town Council for completeness and applies to fines of any Town
regulation, not just Conservation Commission violations.
The second change is an update of the wetland related fines to be consistent with the more detailed
description of fines currently in the Reading Wetland Regulations. The current bylaw lists a single fine which is
more or less an average of fines for numerous infractions. Article 14 lists each individual fine for each type of
29 0
violation and is consistent with the Wetland Regulations and the
Commission. The Article is not intended to increase or decrease fines
more detailed description and achieve consistency with the regulations.
Finance Committee Report: No report.
Bvlaw Committee Report: Recommends by a vote of 4-0-0.
historic practice of the Conservation
, the changes are simply to provide a
ARTICLE 15 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 Mariiuana 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".
4.2.2 Table of Uses
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 Center No No No No No No No
Or take any other action with respect thereto.
Community Planning and
Development Commission
Backqround: This article would amend the current Zoning By-laws to include a definition of a "medical
marijuana treatment center" as defined in state Ballot Question 3 and prohibit this use in all zoning
classifications.
On November 6 the voters of Massachusetts will vote whether to allow "medical marijuana treatment
centers" in this state. These businesses would be allowed to acquire, possess, cultivate, manufacture, deliver,
and transport marijuana, including in food form. If it passes, it will allow five (5) of these businesses in each
county to dispense up to a 60 day supply of marijuana to a patient with a registration card as supplied by a
physician.
This article would not allow this type of business to locate in Reading. Data from the experiences of
California, Colorado, and other states have shown an increase in criminal activity because of valuable
marijuana crops and large amount of cash, increase in traffic accidents and driving under the influence arrests
30 (0
in which marijuana is implicated, and the loss of other commercial businesses that don't want to be located in
the vicinity of marijuana dispensaries.
If Question 3 does not pass, this article will be indefinitely postponed.
Finance Committee Report: No report.
Bylaw Committee Report: Recommends by a vote of 4-0-0.
The Bylaw Committee is concerned that if the medical marijuana ballot question is approved that the possible
placement of a medical marijuana treatment center in Reading will not result in an enhancement of the
business interests in the Town. Thus the Bylaw Committee recommends that the subject matter of this article
be adopted and that treatment center not be allowed in the Town.
CPDC Report: On September 24, 2012 the CPDC convened to hold a public hearing on the proposed
changes to amend Section 4.2.2 "Table of Uses" to include "Medical Marijuana Treatment Center" and Section
2.0 "Definitions" to add the definition of "Medical Marijuana Treatment Center". All documents were made
available on the town website and at Town Hall. The public hearing was held to provide an opportunity for
comment and to determine whether the provisions of the proposed zoning amendments shall be adopted by
the Town.
On September 24, 2012 Article 15 was taken up at the public hearing at approximately 8:30 p.m. The
public hearing was closed that same evening. All comments received at the hearing were included as part of
the record of the hearing. CPDC voted 5-0-0 to recommend Article 15 to Town Meeting.
ARTICLE 16 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 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.
31 r
l~ v
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:
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:
32 rL
9
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.)
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
Background: The changes being proposed under Article 16 will allow for remote parking lots, shared
parking and phased construction of parking spaces, each through a Special Permit from the Community
Planning and Development Commission (CPDC). The proposed changes are initiated by the CPDC to provide
additional tools to support and encourage development of lots, where appropriate, that cannot meet the zoning
requirements for on-site parking. These recommendations are consistent with the recommendations of the
2009 parking study prepared by Nelson/Nygaard.
33
l~
The existing Parking By-Law (Section 6.1 of the Reading Zoning By-Law) requires a certain number of
off-street parking spaces based on use and the spaces must be provided on-site. These spaces must be
located on the lot they serve, unless the Board of Appeals issues approval for parking spaces on another lot
located no more than 300-feet from the use being served.
Due to land limitations, cost and feasibility many businesses experience difficulty providing the required
number of on-site spaces. The proposed changes to the by-law will allow flexibility for providing the required
parking spaces affording businesses and property owners more alternatives for development and/or
redevelopment on sites which that may be severely constrained.
The by-law amendment will:
- Provide an alternative from seeking approval from the Board of Appeals for off-street spaces.
- Allow for Remote Parkina Lots. Applicants must secure deed, easement or written agreement to
use the land in which parking is proposed. The land must be zoned for the same or other non-
residential uses as the use being served by parking.
- Allow for Shared Parkina,. Up to 50% of the spaces may be used jointly by uses not normally in
operation (i.e. a restaurant utilizing parking spaces within bank parking lot). A written agreement
must be obtained by the Applicant.
- Allow for Phased Parkinq Spaces. The construction of parking spaces may be phased upon
sufficient evidence of circumstance. Total number of required spaces must be identified on the site
plan and no more than 50% may be designated for phased construction. Those spaces designated
for phased construction must be noted as such on the site plan.
The CPDC will consider a request for a Special Permit concurrently with Site Plan Review and evaluate
impacts to safety, traffic, and the maintenance and character of the area. Projects that fall below the thresholds
for Site Plan Review, will present the request for Special Permit at a Public Hearing with the CPDC prior to
issuance of a building permit.
Finance Committee Report: No report.
Bvlaw Committee Report: Recommends by a vote of 4-0-0
The Bylaw Committee reviewed this article and agrees with the intent of the article. The article will help the
Town with the definitions, understandings and interpret with regard to parking issues. The Bylaw committee in
reviewing the article did make some numbering suggestions so the proposed Zoning Bylaws changes will fit
into the Zoning Bylaws properly.
CPDC Report: On September 24, 2012 the CPDC convened to hold a public hearing on the proposed
zoning amendment to Section 6.1 of the Zoning By-Laws "Off Street Parking and Loading Areas" and Section
2.0 "Definitions" for consideration at the 2012 Subsequent Town Meeting commencing on November 13, 2012.
All documents were made available on the town website and at Town Hall. The public hearing was held to
provide an opportunity for comment and to determine whether the provisions of the proposed zoning
amendments shall be adopted by the Town.
The September 24, 2012 Article 16 was taken up at the public hearing at approximately 7:30 p.m. The public
hearing was closed that same evening. All comments received at the hearing were included as part of the
record of the hearing. CPDC voted 5-0-0 to recommend Article 16 to Town Meeting.
34 0
ARTICLE 17 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
Backaround: In the last 10 years and perhaps before, the flag of the United States of America has
been flown at half staff over the common, at the schools and the Burbank Ice Arena to honor former Town
employees including my wife, the Superintendent of Public Works, Police Chief, at the schools for the
Superintendent of Schools, children killed in a car crash on 128 and for a member of the Championship Rocket
Hockey Team.
However worthy the intentions may be, under the United States flag code adopted by a joint resolution of the
Senate and House of Representatives on June,22, 1942, only the President of the United States and by his
authority the Governor of the Commonwealth can order the flag lowered at half staff. Nobody in the Town of
Reading has the authority to do so.
Finance Committee Report: No report.
Bvlaw Committee Report: Does Not Recommend by a vote of 4-0-0.
The Bylaw Committee feels that changing the General Bylaws is not the way to address what the petitioners
feel is the concern. The Bylaw Committee feels that the issue should be dealt thru an instructional motion
asking that Rules and Regulations be developed as to the times and places for the displaying of the American
flag.
35 0
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.
Stephen A. Goldy, Chairman
Ben Tafoya, Vice Chairman
Richard W. Schubert, Secretary
John J. Arena
James Bonazoli
SELECTMEN OF READING
, Constable
36
OFRFgO'y
Town of Reading
= .E b~ 16 dwell Street
Reading, A 01867-2665
Js39' fN OAP~~P~ .
FAX: (781) 942-9071
Email: townmanager@ci.reading.ma.us
Website: www. readingma.gov
Legal Notice
(Seal)
Town of Reading
To the Inhabitants of the Town of Reading:
TOWN MANAGER
(781) 942-9043
Please take notice that the Board of Selectmen of the Town of Reading will hold a public
hearing on Tuesday, October 23, 2012 in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts on:
Establishment of Town Manager Screening Committee 8:30 p.m.
Discontinuance of a portion of Jacob Way and alteration 9:00 p.m.
of Jacob Way and South Street
A copy, of the proposed documents regarding these topics is available in the Town
Manager's office, 1.6 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 website at
www.readinama. aov
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 October 23, 2012 to townmanaRer(a ei.readina.ma.us
By order of
Peter I. Hechenbleikner
Town Manager
To the Chronicle: Please publish on October 16, 2012
,keCled_ 1) JZ3 f12-
Fiscal Year 2013 Tax Shift Possibilities
CIP Shift Res Factor
Res
11 1001
90.09971
1.11 98.90121
89.1097
1.2 97.80241
88.1197
1.3 96.70361
87.12971
1.4 95.60481
86.13961
1.51 94.50591
85.1496
I I
Avg Single Fam Value $ 435,700
Avg Comm Value $ 1,482,500
New Growth Est $250,000
Est Tax Levy 1 $ 52,733,143 1
Valuation Assumption: 2% Decrease Residential
CIP: No Adjustment
Total Number of Residential Properties
Total Number of C I P Properties
I
Share Percentages
CIP
9.90031
10.89031
11.88031
12.87031
13.8604
14.8504
80141
632
1
Levy Amounts
Estimated Tax Rates I
Total
Res
OS
Total
Res
Avg Single
CIP
Avg Res Avg Comm Tx
Avg Comm
Fam Tx
Savings
Tx Inc
100
47,512,420
5,220,7231
52,733,1431
14.31
14.31 $6,230.51 1
$
21,199.75
100
46,990,348
5,742,7951
52,733,1431
14.14
15.731 $ 6,160.80
$ (69.71) $
23,319.73
$
2,119.98
100
46,468,2751
6,264,8681
52,733,1431
13.98
17.161 $ 6,091.09
$ (139.42)1 $
25,439.70
$
4,239.95
1001
45,946,2031
6,786,9401
52,733,1431
13.831
18.591 $ 6,025.73
$ (204.78)1 $
27,559.68 1
$
6,359.93
100
45,424,131
7,309,012
52,733,143
13.671
20.021 $ 5,956.02
$ (274.49) $
29,679.65
$
8,479.90
100
44,902,058
7,831,085
52,733,143
13.511
21.45 $ 5,886.31
$ (344.20) $
31,799.63
$ 10,599.88
I
1
1
-0.791
7.15
1
Shift 1
1.1
1.2
1.31 1.41
1.5
Tax Rate $ 14.30 $
15.73
$ 17.16 $
18.59 $ 20.02
$ 21.45
AVERAGE VALUE MINUS TOP AND BOTTOM 10% $ 768,700 $ 10,992.41 $
12,091.65
$ 13,190.89 1 $
14,290.13 1 $ 15,389.37
$ 16,488.62
MIDPOINT VALUE I I $ 655,900 1 $ 9,379.37 1 $
10,317.31
$ 11,255.24 1 $
12,193.18 1 $ 13,131.12
$ 14,069.06
Prepared by: Reading Board of Assessors
October 10, 2012
We, Daniel and Margaret Fleming, husband and wife, owners of 156 Walnut Street, Reading,
MA are willing to grant a drainage easement to the Town of Reading for the purpose of
installing and managing a new catch basin and drainpipe for the spring that is located on our
property.
Permission is granted with the three following conditions:
(1) the easement shall extend from the existing Curtis Street easement to the spring in the back
and not from Walnut Street through our front yard;
(2) several days notice is requested prior to installation and maintenance; and
(3) there will be no resulting tax increase, cost, or fees due by us with respect to or associated
with this drainage system.
Daniel Fleming l~
fC, 1
Margaret Fleming
io-,2° -12
l