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HomeMy WebLinkAbout2012-10-23 Board of Selectmen PacketOFJ? Town of Reading y 16 Lowell Street Readina. MA 01867-2655 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: October 18, 2012 RE: Agenda - October 23, 2012 1 b) Under public comment, it is likely that a member or two of the former Amplified Sound Committee will be in talk with the Board of Selectmen about concerns related to a recent approval by the Board for use of amplified sound. 3) Several Girl Scout and Boy Scout awards are included in your packet. If any of the members of the Board are able to attend any of the award ceremonies that would be excellent. 4a) Will Finch has applied for a position on the Conservation Commission. Will previously served on the Commission and the Board has indicated it does not need an interview. Rheta McKinley has already been reappointed to a position on Mystic Valley Elder Services. 5a) The Appraiser and Board of Assessors will be in to give the Board a preview of the tax classification process. The tax classification hearing is" scheduled for November 20th (there are a lot of conflicts with Tuesdays during early November. 5b) The material in your packet includes an application for a change of manager for Longhorn Steakhouse. This requires a hearing but no notice is required to abutters. 5c) The affordable housing units in Johnson Woods need approval as "local action units" in order to be counted as part of the Town's inventory of affordable housing. Attorney Brad Latham, representing the developer, will be in to explain the process to the Board. Action requested is for the Board to approve the development as local action units. 5d) A hearing has been advertised for establishment of a Town Manager Screening Committee as the Board has discussed with Human Resource Administrator Carol Roberts and representatives of the Collins Center. 5e) Enclosed in your packet is the most up-to-date version of the Warrant with background. The Finance Committee and Bylaw Committee will have taken action on all Warrant Articles by Tuesday and we will fill the Board of Selectmen in on what those recommendations are. 5f) A hearing is required relative to the discontinuance and acceptance at Jacob Way and South Street to implement in land ownership what had been approved by the Planning Committee public hearing and constructed by the developer. PIH/ps Hechenbleikner, Peter From: LeLacheur, Bob Sent: Thursday, October 18, 2012 10:15 AM To: Hechenbleikner, Peter; Roberts, Carol Subject: RE: Rates are going down For FY13 we save a bit over $40,000. 1 had budgeted for a $50-75k increase in FY13, so we have about $100k `surplus'. These costs are about 15% of total health insurance costs. Old New edex2 $ 155.38 $ 163.15 5.0% Blue,Viedicare RX $ 175.04 $ 144.41 -175% $ 330.42 $ 307.56 -6.9Qifi subscribers 428 428 Annual Cost $ 1,697,037 $ 1,579,628 -6.9'.6 Town's share $ 1,204,896 $ 1,121,536 -6.9•/0 $ 83,360 savings (half that for FY13) Bob LeLacheur Assistant Town Manager/Finance Director Town of Reading 16 Lowell Street Reading, MA 01867 Town Hall Hours: Monde; Wednesday and Thursday: 7:30 a.rn - 5:30 p.rn, Tuesday: 7:30 a.m, - 7:00 p.nn. Friday: CLOSED From: Hechenbleikner, Peter Sent: Thursday, October 18, 2012 9:40 AM To: LeLacheur, Bob; Roberts, Carol Subject: RE: Rates are going down WOW is right. Is this public now? If so I'll put it in the weekly notes. 1 ~6~ What % of Health Insurance budget is this? Do I recall from our recent meeting with MIIA that Medex had a low loss ration - i.e. it was 80% or so? Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please r, n T 1".2'11 s > ffec;tivte Jun 2:0110 iAonda /e','- - gar rsc,a,, ? .30 a.rn - 5:30 p_rn Tuesday: T"', - , Friday, CLO :L) phonc: )42-9043 fax 781 , -,,1 WE, Q irk IOVI ernaail avb acct: 2 ci.readinaa -na.us Please let us know how we are doing - fill out our brief customer service survey at httD:Hreadingma-survey.virtuaItownhaI1.net/survey/sid/7c8844eb1 decd098/ From: LeLacheur, Bob Sent: Thursday, October 18, 2012 8:36 AM To: Roberts, Carol; Hechenbleikner, Peter Subject: RE: Rates are going dowm Wow! Bob LeLacheur Assistant Town Manager/Finance Director Town of Reading 16 Lowell Street Reading, MA 01867 Town Hall Hours: Monday, Wednesday and Thursday: 7:30 a.rn - 0:30 p,m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED From. Roberts, Carol Sent: Thursday, October 18, 2012 8:23 AM To: Hechenbleikner, Peter; LeLacheur, Bob Subject: Rates are going dowm Peter and Bob, Just received the Medex2 and Blue MedicareRX rates that are effective 1-1-13 from Sandra. 2 2. 1G Current Rates 1-1-13 Medex2 155.38 163.15 Blue MedicareRX 175.04 144.41 Total 330.42 307.56 Carol Rot ?S it:F ?711zf 7"(< t~;. Human R Town of dir; -,i Reading, Pml'i 867 crobertsPci. reading. ma. us Town Hall is closed on Fridays. Please let us know how we are doing - fill out our brief customer service survey at httr)://readinama- survev.virtualtownhall.net/survev/sid/7c8844ebl decd098/ 3 C/ Spreading Shakespeare 2Umvjc`'~- a w Scrod ejoid awa%d emematui, 2lJREN Sunda, (9clobet 28 fwn 2 3.pm `l,( MAEjc`w camp Jc&e .IYMoo4 29 Dice icl ad, Seadihg, .a 2URY g a cefdmate ffw,3cuce.6,3 of Bauw WW j gold awatcd Jwied "Spuadirug Shafteipeme" jq.S.V..1. to Baum WhUe 65 .I w,~c u St 9Z~, Ata 01867 Bmg9@ad.cam ',a,' ~ My name is Laura White and I am a senior at Reading Memorial High School in Reading, MA. I recently completed my Girl Scout Gold Award Project called "Spreading Shakespeare". My goal for Spreading Shakespeare was to increase the levels of exposure to and appreciation of Shakespeare's works through workshops held at the Reading Public Library and at community events, advertising other local Shakespeare activities, and producing Shakespeare's comedy Twelfth Night at the end of the summer. The Girl Scout Gold Award recognizes a Girl Scout's leadership skills, creativity and commitment to making a lasting impact on her community, world and the future. It is the highest award a Girl Scout can achieve. It involves 80+ hours of work, community connections, and sustainability as the Girl Scout addresses the root cause of an issue in the community. 3 a'Z--- ,moo/ o Certificate o Recognition 639'INC0RQ1 This Certificate is hereby awarded to In recognition of her receiving the Girl Scout Gold Award for her Project called "Spreading Shakespeare." Her achieved goal was to increase the levels of exposure to and appreciation of Shakespeare's works through workshops, community events, and producing Shakespeare's comedy "Twelfth Night." Given this 23rd day of October, 2012 By the Reading Board of Selectmen W Schena, Paula From: Hechenbleikner, Peter Sent: Wednesday, October 10, 2012 1:47 PM To: Schena, Paula Subject: FW: GS Silver Awards Please have certificates prepared for approval on October 23 Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781-942-9043 fax 781-942-9071 web www.readinQrna,aov email town manager0,ci.read inq.ma.us Please let us know how we are doing - fill out our brief customer service survey at htto://readinama-survev.virtualtownhall.net/survev/sid/7c8844eb1 decd098/ From: Joanne/Kevin Senders rmai Ito: kisenders(averizon. netl Sent: Wednesday, October 10, 2012 1:26 PM To: Reading - Selectmen Cc: Hechenbleikner, Peter Subject: GS Silver Awards Dear Gentlemen The four girls in Reading Girl Scout Troop 73734 have each earned their Silver Award - the second highest award in Girl Scouts and the highest for their age. On November 4 they will receive their pins and certificate at a ceremony at the Reading Library. The girls and their projects are: Amelia Collymore (creating a reading room in a Mattapan School); Christina Brzezenski (piloted an after school drama program) Jessica Strack and Tessa Senders (Matters Cabin Conservation area improvement). Any acknowledgement you could give the girls would be greatly appreciated. Sincerely, Joanne Senders 98 Colonial Dr Reading, MA 01867 3'q OF RFA m . c to of Recognition 639: NCORQ0 In Recognition of her earning the Girl Scout Silver Award for her project of creating a reading room in a Mattapan school Given this 23rd day of October, 2012 By the Reading Board of Selectmen W ~ IU% OF RFgO'fL o= Certificate Recognition in cl 639: NCORQ0 This Certificate is hereby awarded to In Recognition of her earning the Girl Scout Silver Award for her project of piloting an after school drama program Given this 23rd day of October, 2012 By the Reading Board of Selectmen `F I..t r 1 Zt , 1 wH Si ~ a S~ w OF RFgO'~ Certificate Recognition INCORe~~P This Certificate is hereby awarded to , In Recognition of her earning the Girl Scout Silver Award for her project of Mattera Cabin Conservation Area improvement Given this 23rd day of October, 2012 s r, " r ,a q., J ! I +~1 T-R Y - FJ By the Reading Board of Selectmen t OF RFgO'~ OF RF,q k_~ertiflcate of Recognition 6~!"' QOM` P 639 INCOReO~P lNCOR This Certificate is hereby awarded to In Recognition of her earning the Girl Scout Silver Award for her project of Mattera Cabin Conservation Area improvement Given this 23rd day of October, 2012 By the Reading Board of Selectmen y{• t n, i ~ S L [w -ups e VA_ October 8, 2012 Mr. Peter Hechenbleikner Town Manager Town Hall 16 Lowell St. Reading, MA 01867 Dear Mr. Hechenbleikner, The Scouts, Leaders, and Members of the Committee Boy Scout Troop 728 take great pleasure in announcing that: Having completed the requirements for, and having been examined by an Eagle Scout Board of Review on October 1, 2012 David Scott Graham Was found worthy of the rank of Eagle Scout. In honor of this achievement, we have scheduled an Eagle Scout Court of Honor for November 24, 2012 at Parker Middle School, Reading, MA 01867 We would appreciate a letter or certificate acknowledging his achievement. We will compile it with other acknowledgments and display them commemorating this special occasion. Thank you for taking time from your extremely busy schedule to help this community recognize the achievements and service of Eagle Scout David Graham. Sincerely, Scott Graham 15 Oak Ridge Road Reading, MA 01867 781-223-0015 3bt OF RfigON Certificate of Recognition 3g1NCOR4This Certificate is hereby awarded to 4 - t 4 V P#J recognition of his achieving the rank of Eagle Scout Given this 23rd day of October, 2012 By the Reading Board of Selectmen 4 ti T ! 4lFti~ 1 t '~M • r1 - Id 1 C 4 ~N l APPOINTMENTS TO BECOME EFFECTIVE OCTOBER 18, 2012 Conservation Commission Term: 3 years Aimointine Authoritv: Board of Selectmen Present Member(s) and Term(s) Jamie Maughan William Hecht Vacancy Brian Sullivan Barbara Stewart Vacancy Annika Scanlon 263 Woburn Street 73 Martin Road 145 Lowell Street 52 County Road 3 Copeland Avenue Orig. Date (10) (03) (10) (06) (06) 2 Vacancies Term Exp. 2013 2014 2014 2015 2015 2015 2013 Candidates: Will Finch *Indicates incumbents seeking reappointment C~ 0"o t Town of Reading, MA Application for Appointment to Boards/Committees/Commissions Name: C~ W l L.tocw (Last) (First) Address: ( A~;/a -~T Occupation: ~l b Q n xq wl tu kUeVl v U Are you a registered voter in Reading? Ye-51 0 Date: (Middle) Tel. (Home' Tel. (Work_ (Is this number listed'!) # of years in Reading: 75 .2> e-mail address:- Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. Animal Control Appeals Committee Audit Committee Board of Appeals Board of Cemetery Trustees Board of Health Board of Registrars Bylaw Committee -Celebration Committee Climate Advisory Committee Commissioner of Trust Funds Community Planning & Development Comm. Conservation Commission Constable Contributory Retirement Board Council on Aging Cultural Council Custodian of Soldiers' & Sailors' Graves Economic Development Committee Fall Street Faire Committee Finance Committee Historical Commission Housing Authority Human Relations Advisory Committee MBTA Advisory Board Metropolitan Area Planning Council Mystic Valley Elder Services RCTV Board of Directors Recreation Committee RMLD Citizens Advisory Board Town Forest Committee Trails Committee West Street Historic District Commission Ad Hoc Committee Other Please outline relevant experience for the position(s) sought: (feel free to attach a resume or other statement of interest/qualifications) S e r Veit A P B Vl tXF_ 1/ _c6V' to \J9616 Co rCC4 ~ G RQ 7~ ~~Cf "UP G ten' ~'F,e~ lU~.S G ao~ vat y+c lqT r Cc c B vv SG S . OF READING POLICE DEPARTMENT 15 Union Street • Reading, Massachusetts 01867 °7xeoRp Emergency Only: 911 • All Other Calls: (781) 944-1212 • Fax: (781) 944-2893 Web: www.ci.reading.ma.us/police/ EXECUTIVE SUMMARY Chance of Manager application- "Lonehorns" September 27, 2012 Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01867 Chief Cormier, As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an executive summary of the application for an Application for Change of Manager at the Longhorns Steakhouse. New Mangier: Gary Cannon I find no reason why the license application should not go forward. Respectfully Submitted, Sgt. Detective Mark D. Segall Criminal Division Commander A~ 7 ~ ,56~ Schena, Paula From: Delios, Jean Sent: Tuesday, September 25, 2012 1:19 PM To: Schena, Paula; Clay, Ruth; Licari, Beth Subject: RE: Longhorn Steakhouse 44 We have no issues either from Planning or Building Inspection/Zoning Enforcement Jean J. D ias Town of Reading 16 Lowell Street Reacting, ~1A 01867-2685 (P) 781-942-6612 (F) 781-942-1071 T® 1 Hours as cal . ne 7. 2010 M, AZT, Th: 7:30 a. m. - 5:30 p.m. '.Tuesday: 7:30 a. m. - 7:00 p.m. FRIDAY: CLOSED idehos alci.readinv.ma.us www.readingma.gov survev.virtualtownhaU.net/survev/sid/deSbdaal Gdb9e6b4/ From: Schena, Paula Sent: Monday, September 24, 2012 5:08 PM To: Clay, Ruth; Delios, Jean; Licari, Beth Subject: Longhorn Steakhouse http://readinLyma- We received an application for a change of manager at the Longhorn Steakhouse. Does anyone have any concerns? Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781-942-6643 Fax: 781-942-9071 oschenano.ci.read ina.ma.us www.readingma.aov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 a.m. - 5:30 p.m. Tuesday - 7:30 a.m. to 7:00 p.m. Friday - CLOSED Please let us know how we are doing - fill out our brief customer service survey at http://readingma- survev.virtualtownhall. net/survev/sid/7c8844ebl decd098/ 1 ~ V,L- Schena, Paula From: Ruth L. Clay in Melrose Sent: Tuesday, September 25, 2012 10:52 AM To: Licari, Beth; Schena, Paula; Clay, Ruth; Delios, Jean Subject: RE: Longhorn Steakhouse no concerns from health department ruth From: Licari, Beth [blicari@ci.reading. ma.us] Sent: Monday, September 24, 2012 5:12 PM To: Schena, Paula; Clay, Ruth; Delios, Jean Subject: RE: Longhorn Steakhouse LONGHORNS PERSONAL PROPERTY BILL FOR 1ST & 2ND QUARTER IS PAID IN FULL. REAL ESTATE AND WATER/SEWER IS PAID BY OWNER OF BUILDING, NOT LONGHORNS. NO CONCERNS FROM COLLECTORS OFFICE. BETH From: Schena, Paula Sent: Monday, September 24, 2012 5:08 PM To: Clay, Ruth; Delios, Jean; Licari, Beth Subject: Longhorn Steakhouse We received an application for a change of manager at the Longhorn Steakhouse. Does anyone have any concerns? Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781-942-6643 Fax: 781-942-9071 oschenana.ci.read ino.ma.us www. readinama.aov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 a.m. - 5:30 p.m. Tuesday - 7:30 a.m. to 7:00 p.m. Friday - CLOSED Please let us know how we are doing - fill out our brief customer service survey at http://readinama- survev.virtualtownhall. net/survev/sid/7c8844ebl decd098/ Please take a moment to help us improve your experience with City services. htt-os://www.survevmonkev.com/s/MelroseCustomerSurvey 0 Schena, Paula From: Licari, Beth Sent: Monday, September 24, 2012 5:12 PM To: Schena, Paula; Clay, Ruth; Delios, Jean Subject: RE: Longhorn Steakhouse LONGHORNS PERSONAL PROPERTY BILL FOR 1sT & 2ND QUARTER IS PAID IN FULL. REAL ESTATE AND WATER/SEWER IS PAID BY OWNER OF BUILDING, NOT LONGHORNS. NO CONCERNS FROM COLLECTORS OFFICE. BETH From: Schena, Paula Sent: Monday, September 24, 2012 5:08 PM To: Clay, Ruth; Delios, Jean; Licari, Beth Subject: Longhorn Steakhouse We received an application for a change of manager at the Longhorn Steakhouse. Does anyone have any concerns? Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781-942-6643 Fax: 781-942-9071 gschena(a~ci. read inq. ma. us www.readinqma.qov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 a.m. - 5:30 p.m. Tuesday - 7:30 a.m. to 7:00 p.m. Friday - CLOSED Please let us know how we are doing - fill out our brief customer service survey at http://readinqma- survev.virtualtownhall. net/survev/sid/7c8844ebl decd098/ sb~ Tite Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www. mass. Pov/abcc FORM 43 ( MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 1101600028 1 Reading 1 f ABCC License Number City/Town TRANSACTION TYPE (Please check all relevant transactions): F-1 For Reconsideration 10/23/2012 Local Approval Date Lj New License F] New Officer/Director Pledge of License E] Change Corporate Name Fj Transfer of License Ej Change of Location Pledge of Stock Seasonal to Annual 0 Change of Manager Fj Alteration of Licensed Premises Fj Transfer of Stock Change of License Type Cordials/Liqueurs Permit n Issuance of Stock n New Stockholder F~ Other) ❑ 6-Day to 7-Day License E] Management/Operating Agreement n Wine & Malt to All Alcohol Name of Licensee RARE Hospitality International, Inc. EIN of License D/B/A f Longhorn Steakhouse #5325 I Manager IGary Cannon ADDRESS: 139 Walker's Brook Drive CITY/TOWN: (Reading STATE IMA ZIP CODE 101867 Annual I 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 I Advertised: I 1 Abutters Notified: Yes ❑ No Date & Time Date & Attach Publication Licensee Contact Person for Transaction Margie Camp Phone: 1-800-248-4918 X5332 I ADDRESS: 11000 Darden Center Drive I CITY/TOWN: Orlando 1 STATE 1FL ZIP CODE 32837 Remarks: The Local Licensing Authorities By: Alcoholic Beverages Control commission Ralph Sacramone Executive Director ABCC Remarks: ~~5 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 -A,vw.mass.nov/abcc Manager Application All proposed managers are required to complete a Personal Information Form, and attach a copy of the corporate vote authorizing this action and appointing a manager. 1. Licensee Information: Legal Name of Licensee: RARE Hospitality lnternati~ Business Name (d/bla): 1LongHom Steakhouse #5325 Address: IP.O. Box 695016, Attn: Licensing Cityrrown: (Orlando I State: IFL I Zip Code: 32869-5016 ABCC License Number: 1101600028 ( Phone Number of Premise 1781-942-4801 (If existing licensee) 2. Manager Information: I Cell Phone Number: Name: lGary Cannon Are you a U.S. Citizen: Yes ❑x No ❑ Court and Date of Naturalization: 1N/A 1 (Submit proof of citizenship andor 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 1 Have you ever been charged or convicted of a state, federal or military crime? Yes ❑ No ❑x If yes, attach an affidai it 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 ❑R If yes, please describe: 1N/A { Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes ❑ NON If yes, please describe: I WA Have you ever been the Manager of Record of a license that was issued by this Commission? Yes ❑ No ❑x If yes, please describe: 1N/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 Locatio4 V additional space is needed, please use the fast page" I hereby swear under the pains and penalties of per ry that the information I have provided in this application is true and accurate: Signature / Date The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 w`vw.rnass.Pov/abcc Personal Information Form 1. Licensee Information: Legal Name of Licensee: `RARE Hospitality International, Inc. , Business Name (d/b/a): 11-ongHorn Steakhouse #5325 ' Address: 139 Walker'S Brook Drive , ABCC License Number: ( 1 (If existing licensee) City/Town: Reading State: IMA Zip Code: 101867 Phone Number of Premise 1781-942-4801 I EIN of License: 2. Personal Information: Individual Name: Gary Cannon I Home Phone Number: Address: i I E-mail Address: i City/Town: I State: IMA Zip Code: Social Security NumbE ` Date of Birth: Place of Employment: (RARE Hospitality International, Inc. dba LongHorn Steakhouse #5325 Have you ever been convicted of a state, federal or military crime? Yes El 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 ATTACHMENTS: 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 tinder the pains and penalties of perjury that the information I have provided in this application is true and accurat . a Signature I 4 Date' Title ~R v t rant Manager Of Corporation/LLC Representative) - Sbl The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 weW-Nv.mass.gov/abcc PETITION FOR CfUNGE OF LICENSE 101600028 Reading ABCC License Number City7own The licenseeIRARE Hospitality International, Inc. ' respectfi►lly petitions the Licensing Authorities to approve the foltowing transactions: ~X Change of Manager ❑ Alteration of Premises 0 Pledge of License/Stock Cordial & Liqueurs Change of Corporate Name/DBA E:] Change of Location Change of License Type (§12 ONLY, e.g. "club"to "restaurant") Change of Manager Last-Approved Manager: ILeigh A. Bull ` Requested New Manager: (Gary Cannon E] Pledge of License /Stock Loan Principal Amount: $ I 1 Interest Rate: I Payment Term: Lender: I ` Change of Corporate Name/DBA Last-Approved Corporate Name/DBA: I Requested New Corporate Name/DBA: Change of License Type Last-Approved License Type: Requested New License Type: I 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: 1 Requested New Location: I I Signature of Licensee Date Signed f 11f a Corporation/LLC, by its authorized representative) Colleen M. Hunter, Assistant Secretary The Commonwealth of Massachusetts Print Form,. Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 `a-wwomassxov/abcc = n -t 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 h4UST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) CHECK NUMBER IF USED SPAY, CONFIRMATION NUMBER: A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) LICENSEE NAME: DARE Hospitality International, Inc. ADDRESS: P.O. Boa 695016, Attn: Licensing CITY(TONN'N: (Orlando I STATE IFL I ZIP CODE 32869-5016 TRANSACTION TYPE (Please check all relevant transactions): ❑ New License Q New Officer/Director Pledge of License ❑ Change Corporate Name R Transfer of License F~ Change of Location Pledge of Stock F~ Seasonal to Annual 0 Change of Manager R Alteration of Licensed Premises E] Transfer of Stock Change of License Type ❑ Cordials/Liqueurs Permit E] New Stockholder Issuance of Stock Other 6-Day to 7-Day License E] Management/Operating Agreement F] Wine & Malt to All Alcohol THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FO ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 4~'O~ DRIVER'S LICENSE 9a END lE'- ~ NOP l" 1914=2016 aC - k ?REST 15 SEX M r 1.' p --tnyE wt N yARY M / 5 DD 11.11-2011 Rev07-15-2009 ~,~l 0 RARE HOSPITALITY INTERNATIONAL, INC. CONSENT OF DIRECTORS TO CORPORATE ACTION WITHOUT MEETING Pursuant to the authority of the Florida Business Corporation Act, the undersigned, being the sole director of RARE Hospitality International, Inc., a Florida corporation, does hereby consent to the following resolution without meeting, without prior notice and without a vote: RESOLVED, that Leigh A. Bull has been formally removed as Managing Partner of LongHorn Steakhouse #5325 located at 39 Walker's Brook Drive, Reading, MA 01867. RESOLVED, Further that Gary Cannon is hereby appointed Managing Partner of LongHorn Steakhouse 45325 located at 39 Walker's Brook Drive, Reading, MA 01867, with full authority and control of said premises. Dated: September 7, 2012 William R. White, III S60 Town of Reading 16 Lowell Street Reading, MA 01867-2683 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 JEAN DELIOS Community Services Director / Town Planner Phone: (781) 942-6612 Fax: (781) 942-9071 j d e l ios@ci. reading. ma. us On March 12, 2012 the CPDC approved the Planned Unit Development - Residential Special Permit for Johnson Woods, Phase Il. 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 II. Reading should be proud of the efforts like this and others to create much needed affordable housing. DHCD will contact us with any questions. 6c 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 S~G~1 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. Lesnia Ca)state.ma.us Updated February 2012 / 3 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 proiect is the final phase of a residential condominium development containina aarden 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 proiect is developed under a planned unit development ("PUD") zonina by-law. The zoning by-law and special permit reauire that 15% of the units must be affordable. meanina that the units shall be priced to be available for purchase by households with annual incomes that do not exceed eiahtv (80%) of the median annual household income for Boston Metropolitan Area as determined by the most recent calculations of the U.S. Department of Housina and Urban Development and so the annual housina unit cost to the household does not exceed 30% of that annual aross income of the household. Other program restrictions apply. The PUD special permit contains the reauirement for there to be ) 19 units of affordable housina in this final phase. 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 q 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 (aD.ci.read ina.ma.us Town Administrator/Manager: Name Peter I. Hechenbleikner Address Town Hall. 16 Lowell Street Readina. MA 01867 Phone (781) 942-9043 Email townmanaaer(a 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 nci.readinq.ma.us Town Counsel: Name Brackett & Lucas Address 19 Cedar St.. Worcester, MA 01609 Phone (508) 799-9739 Email asbrackett(a.brackettlucas.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(@ci.readina.ma.us The Project Developer: Johnson Woods Realtv Cor). Project Site: Johnson Woods (Phase II) Updated February 2012 Telephone: 781-639-1113 Email: tedmoore2aloverpropertv.com Address: 156 Johnson Woods Drive. Readina., MA. ~G 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/townhouse 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: 1000 1000 6 1 1 153000 135 13 2 1-1/2 1150 1150 172000 155 Market: 24 1000-1400 1 1 1000-1400 325000 225 68 2 2 1200-1950 1200-1950 395000 250 16 3 21/2 2450 2450 595000 300 Updated February 2012 S&~ Please attach the following documents to your application: 1. Documentation of municipal action (e.g., copy of special permit, CPA funds, land donation, etc.) 2. Long-Term Use Restrictions (request documents before submission): For ownership projects, this is the Regulatory Agreement for Ownership Developments, redlined to reflect any proposed changes, and/or the model deed rider. For rental projects, this is the Regulatory Agreement for Rental Developments, redlined to reflect any proposed changes. For HOME-funded projects, this is the HOME covenant/deed restriction. When attaching a HOME deed restriction to a unit, the universal deed rider cannot be used. 3. Documents of Project Sponsor's (developer's) legal existence and authority to sign the Regulatory Agreement: • appropriate certificates of Organization/Registration and Good Standing from the Secretary of State's Office • mortgagee consents to the Regulatory Agreement • Trustee certificates or authorization for signer/s to execute all documents 4. For Condominium Projects Only: The Condominium aster deed with schedule of undivided interest in the common areas in percentages set forth in the condominium master deed 5. For Rental Projects Only: A copy of the Local Housing Authority's current Utility Allowances 6. MEPA (Massachusetts Environmental Policy Act) environmental notification form (ENF)--for new construction only (request form before submission) 7. Affirmative Fair Marketing and Lottery Plan, including: • ads and flyers with HUD Equal Housing Opportunity logo • informational materials for lottery applicants • eligibility requirements • lottery application and financial forms • lottery and resident selection procedures • request for local preference and demonstration of need for the preference • measures to ensure affirmative fair marketing, including outreach methods and venue list • name of Lottery Agent with contact information See Section I I I of the Comprehensive Permit Guidelines at www.mass.aov/dhcd and search for LIP 40B Guidelines for more information. PLEASE contact our office if you have any questions: 617-573-1327. Updated February 2012 °FRFgo-ti Town of Reading y c 1 16 Lowell Street Reading, MA 01867-2685 3-.1KCOKQO~ 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, 16 Lowell Street, Reading, MA, M-W-Thurs from 7:30 a.m. - 5:30 p.m., Tues from 7:30 a.m. 7:00 p.m. and is attached, to the hearing notice on the website at www.readinQma. Qov 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 townmana2eraci.readin2.ma.us By order of Peter L Hechenbleikner Town Manager To the Chronicle: Please publish on October 16, 2012 sa k LEGAL NOTICE 1 « i!; t ` {1 ~l j TOWN OF READING . NOTICE OF PUBUC1 P HEARING : • f:' •s J d~.7 To the Jnhabitants;,of,t~e ,Town of Reading: : r Please take notice 'thotf fie Board of Selectmen of 00i_loivn of Reading will hold a Ob4ic hearing'on Tuesday, bct'6tier 23, 2012 in the Selectmeo's Meeting Room, 16:,L,gwell Street, Reading, Massachusetts on: v • . -Establishment of, bikn Manager Screening'CoMifiittee 8:30 p.m. rv;+ -Discontinuance of aprtipn of Jacob Way and, alteratoi%of Jacob Way and South 3t f 9:00 p.m. A copy of the propos6d4oa- uments regarding thes4 tonics is available in theywn Manager's office, 16 toweN Street, Reading, MA, . 1i1/- Thurst from 7:30 a.m..:-5:30- p.m., Tues from 7:3a'a1he- 7:00 p.m. and is attached to the ' hearing notice. on the website-at www.readingma.gov • All interested partite :&e invited to attend the heeing,-ior may submit their com is in , writing or by email prior~dbiv0 p.m. on October 23, 90111o fownmanager@ci.reading.ma-u s. By order*of Peter 1. Hechenbleikmr Town Manager 0116 f 'ZZ Policv establishing an ad hoc Town Manager Screening 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: ♦ 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 10-23-12 513 of ~ A/0' 4, Town of Reading 16 Lowell Street Reading, MA 01867 Finance Department Fax: (781) 942-9037 Human Resources Division Website: www.readinuma.uov (781) 942-9033 DATE: October 18, 2012 TO: Board of Selectmen FROM: Carol Roberts, Human Resources Administrator RE: Proposed Schedule for Hiring a Town Manager Dick Kobayashi, Senior Associate at the Collins Center, sent me a proposed schedule for hiring a Town Manager by April 1, 2013. • Profile complete and voted by the Board of Selectmen (BOS) by November 22, 2012. • Advertising from December 1 to Friday January 4, 2013. Deadline Jan 4, 2013. • Send packages of recommended candidates to Screening Committee (SC) members for delivery the 24th or 25th of January 2013. • Meet with the SC to discuss recommended candidates on 29th or 30th of January 2013. The outcome will be invitations for preliminary interviews. • Preliminary Interviews in the Feb 4-8 period. • Feb 8-22, 2013 - Collins Center checks references and backgrounds. • Week of Feb 25th - Screening Committee votes its recommendations publicly. • After Feb 25, 2013 the process is in the hands of the BOS. This schedule should afford the BOS all of March to conduct interviews and gain familiarity with the candidates so that a decision can be made by April 1. Dick also shared the following information about the Screening Committee. Typically the Screening Committee meets for four purposes: • Organizational Meeting and familiarization with the process (Open session) • Meet to review paper candidates and decide who to interview (Executive Session) • Preliminary interview and tentative short list. This typically requires 2 meetings - sometimes back to back. (Executive Session) • Vote the recommendations to the BOS (Open session). This is typically done a few minutes before a regular BOS meeting which allows the SC to report the recommendations to the BOS almost immediately. DRAFT 2012 Subsequent Town Meeting TUESDAY November 13, 2012 WARRANT OUTLINE REVISED 10/18/2012 Art. # Article Description 3 Sponsor Amending the Capital Improvement Board of Selectmen Program FY 2013-FY 2022 Additional Funding - Sick/Vacation Board of Selectmen Leave Stabilization Fund Mover/ Moderator Comment Notes 11 Street acceptance and discontinuance Board of Selectmen ♦ - Jacob Way/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 10/18/2012 1 5e, I 5 Approve Payment of Prior Year's Board of Selectmen • Bills 6 Additional funding - Smart Growth Board of Selectmen • Stabilization Fund 8 Authorizing the taking of a drainage Board of Selectmen • easement - Curtis and Walnut Streets 10 Authorizing debt subject to a Board of Library • proposition 2 '/z debt exclusion for the Trustees Reading Public Librarv DRAFT 2012 Subsequent Town Meeting TUESDAY November 13, 2012 WARRANT OUTLINE REVISED 10/18/2012 14 Amend General Bylaw re noncriminal Conservation disposition - rules and regulation and Commission Conservation fines. 17 Amendment to RGB section 8.9.4 Petition Disnlav of the American Flaa 10/18/2012 2 s~2 15 Zoning Bylaw prohibiting "Medical CPDC Mariiuana Treatment Center" 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 2012, the date set for Town Meeting in this Warrant. 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 sea TOWN WARRANT SON OF '140, ~a yap s3g~INCORP~PP 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 Report 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 Report: No report. se)--' 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 Background: 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 to feasibility of alternatives; ♦ $ 0 Town facilities - West Side Fire Station generator (funded by FINCOM Reserve Fund transfer) FY14 -$109.800 (excluding 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 FY15 to FY22: ♦ Various items were added, subtracted, changed or moved to different years. se'5~ 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 Article allows capital requests to be considered for funding in later Articles that will be discussed and voted on during this Town Meeting. A 10-year balanced capital plan is a prudent fiscal tool that facilitates long range planning and project prioritization. The balanced plan provides the maximum amount the Town can fund each year and stay within the FINCOM guideline amount. 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 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 S From Tax Levy, State Aid and Other Local Receipts $655,108 State aid: +$685,784 State charges 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 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. 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 Background: 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 Backaround: 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. 5el 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. 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 Backqround: 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. Bylaw 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 5zl' 156 Walnut Street Daniel F. Fleming and Margaret A. Fleming 2,615.8+/- SF M. Z r' GRAPHIC SCALF ONAI A EABEMEHI L A AT IO w 16] 6166 WAlNOT 3ili£ET REAONO, MA d m ~ xe. m ,OWN OF N6iAgN0 DEPAPMEM OF meUC 'OF, 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 Backqround: 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 through a combination grant and no-interest loan • Phase 8 Allocation is $421,000 - $ 189,450 (45%) Grant $ 231,550 (55%) Non-interest loan lea Loan pay back to the MWRA - Equal installments over a Five-Year Period beginning one year after distribution of the funds 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. 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 '/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 '/z debt exclusion for the Town's share of the cost of the SGW project - estimated to be $7.1 million. 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. se 1k LIBRARY CIRCULATION TEEN COLLECTION 3,000,000 5,872 14 2,500,000 I ' ' 5,000 2,000,000 - ' 5,000 F. 1 4,000 1,500,000 6 3,000 2,060-~ 3 i 1,000,000 2,000 1,000 500,000 I - ' 0 Print Print ~b 1 0 Year 2002 Year 2010 ~b1 'll 1 ea~I 4 Use of Library Meeting Rooms Interlibrary Loans 1982-2010 z,soo 2,0ao ` 1,,00 350,000 300,000 1,000 250,000 Soo r 11 8. 200,000 554 0 74,,'x^ - Year 2001-2004 Year 2007-2010 150,000 100,000 370 - 50,000 0 $ 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 S "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 requests 5etl SECOND FLOOR Second Floor Plan • Doubling of space for children • Additional computer stations for children • New early learning center GROUND FLOOR • 3 additional study rooms • Additional conference rooms • Larger meeting room with accessibility after library hours 0 7 Additional Parking spaces • Designated area for children's programs • Space for outdoor programs surrounded by a green roof • Fully accessible book stacks with better lighting • Enhanced staff presence on lower level • Relocation of Local History je- (51111 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 portion 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 \ 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 Readina Parcel 3 containina 1,197 SF. and Parcel 4 containina 3,498 SF for roadway purposes as shown on the plan entitled "Modified 13 es 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. 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 "Plan of Roadway Alterations to Jacob Way and South Street" prepared by the Reading Engineering Division dated October 4, 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; 14 Se)6 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 "Plan of Roadway Alterations to Jacob Way and South Street" prepared by the Reading Engineering Division dated October 4, 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 N .w ' 'Ti I 7-1 1 OF" 7 -'w - = Marchlonda Finance Committee Report: The Finance Comm ittee recommends the subject matter of this Article by a vote of 7-0-0 at their October 17, 2012 meeting. Bylaw 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: 15 j 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 Backqround: 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 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. 16 (4g 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 7.23, the following process shall be followed: • The Commission shall prepare, or cause to be prepared, an inventory form for each structure considered for addition to the List. The inventory form for each property shall be prepared using a standard form provided by the Massachusetts Historical Commission. The criteria to be used for consideration for inclusion on the List will include: • The structure is determined to be importantly associated with one or more historic persons or events, or 17 L • 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 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. 18 7.2.4 Referral of Demolition Applications of structures on the List by the Buildinq 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 showinq the location of the structure to be demolished on its property with reference to the neighboring properties; • Photographs of all facade elevations; • Statement of reasons for the proposed demolition and data supporting said reasons, • Description of the proposed reuse of the premises on which the structure to be demolished is located. • If applicable, the name and contact information of the Legal Representative; 7.2.5 Public Hearing The Commission will hold a hearing to allow all interested parties to voice their opinions and to present pertinent information concerning the structure, as well as its value and importance to the neighborhood and the Town. The Owner or the Legal Representative will present the requested demolition plan and supporting documentation. The public may present their opinions and additional relevant information. After the presentation and the public comments, the Commission will make one of two decisions: • The presented information is insufficient for the Commission to make a final determination on requested demolition of the Structure. Therefore, the Commission may continue the hearing. A continued hearing shall be not later than 21 days from the initial hearing and the hearing shall be closed within 30 days of the initial hearing. • The presented information is sufficient to make a final determination on the requested demolition of the Structure. Therefore, the Commission shall close the hearing. 7.2.6 Determination of whether the Demolition Delav is imposed 19 ~-ZA 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. 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. 20 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 Emerqencv 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 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. 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 Commission wrote a series of revisions to make the process more transparent and understandable. That resultant document was used by the Town Manager to rewrite the bylaw after a Working Group laid out the current process. The Working Group was established by the Board of Selectmen and headed by the Town Manager, which was comprised of two Selectmen, two Reading Historical Commission members, two concerned citizens, and one Bylaw Committee representative. Many of the elements of the Reading Historical 21 / e;2;J Commission's last revision were incorporated in the final Article. While the Commission generally supports the main body of the text and believes it mostly meets the Selectmen's objectives, there are several key points that if adopted would greatly compromise the Commission's ability to maintain the historical aspects of Reading. Therefore, the Reading Historical Commission is proposing a few key amendments to this article. 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 • 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. $100.00 or take any other action with respect thereto. 22 5,•2i~ _l Conservation Commission Backaround: 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 violation and is consistent with the Wetland Regulations and the historic practice of the Conservation Commission. The Article is not intended to increase or decrease fines, the changes are simply to provide a more detailed description and achieve consistency with the regulations. Finance Committee Resort: No report. Bvlaw Committee Report: Recommends by a vote of 4-0-0. 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 Medical Marijuana Treatment Center Res S-15 S-20 S-40 No RES RES BUS BUS A-40 A-80 A B No I No No No BUS IND C Or take any other action with respect thereto No I No Community Planning and Development Commission Background: 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. 23 G?,,✓~ 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 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. Bvlaw Committee Report:. 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 Reauired 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 24 ~Za within three hundred (300) feet of a public off-street parking facility shall be exempted from off-street parking requirements. 6.1.1.2 Off-street parking areas, or loading and unloading areas shall be provided on the same lot as the use they serve, except that the Board of Appeals may permit off-street parking areas to be provided on another lot, but in no event shall such areas be more than three hundred (300) feet distance from the use they serve; provided, however, that in a Business C District, off-street parking areas or loading and unloading areas may be provided on or off the same lot more than three hundred (300) feet distance from the use they serve without such permission from the Board of Appeals so long as they are located within the Business C District and provided such parking and loading rights are evidenced by legally sufficient instruments approved as to form by Town Counsel and filed with the Town Clerk." except the CPDC, by Special Permit, may allow remote parking lots or shared parking. 6.1.1.3 (Note this section is deleted under 6.1.1.3 and renumbered as 6.1.1.7) Off-street parking areas, or loading and unloading areas shall be provided in the amounts set forth in the following table. Where the computation of required spaces results in a fractional number, a fraction of one-half or more shall be counted as one. In the event of a conflict of interpretation as to the category of the principal use, the Board of Appeals shall determine the proper interpretation. Special Permit Criteria: The CPDC may grant a Special Permit for remote parking or shared parking based on the following criteria and other applicable provisions presented in this subsection: (a) The capacity, location and current level of use of existing parking facilities, both public and private; (b) The efficient and maximum use in terms of parking needs and services provided; (c) The relief of traffic and parking congestion; (d) The safety of pedestrians; (e) The provision of reasonable access either by walking distance or shuttle vehicle arrangements; (f) The maintenance of the character of the area. 6.1.1.4 Procedure: 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. 25 6.1.1.6 Shared Parking Lots: The CPDC may grant a Special Permit for shared parking facilities for nonresidential parking subject to the following provisions: (a) Up to fifty percent (50%) of the parking spaces serving a building may be used jointly for other uses not normally open, used or operated during similar hours. The applicant must show that the peak parking demand and principal operating hours for each use are suitable for a common parking facility. The approval may be rescinded and additional parking may be required by the owners in the event that the CPDC, after notice and public hearing thereon, determines the joint use is resulting in a public nuisance or other adverse effects on public health and safety. (b) A written agreement acceptable to the CPDC defining the joint use of the common parking facility shall be executed by all parties concerned and approved by the Planning Board as part of the special permit process. Such agreement shall be recorded at the Middlesex Registry of Deeds. (c) Any subsequent change in land uses for which the shared parking proposal was approved, and which results in the need for additional parking spaces, shall require review and approval by the CPDC under this subsection. 6.1.1.7 Off-street parking areas, or loading and unloading areas shall be provided in the amounts set forth in the following table. Where the computation of required spaces results in a fractional number, a fraction of one-half or more shall be counted as one. In the event of a conflict of interpretation as to the category of the principal use, the Board of Appeals shall determine the proper interpretation. Off-Street Parking and Loading/Unloading Requirements: (Note: Parking table does not change, is not repeated here.) 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 Backaround: 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 26 Z9 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. 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 Parking 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: 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. 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 27 ~e o S 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 Background: 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: 28 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 29 Hechenbleikner, Peter From: LeLacheur, Bob Sent: Wednesday, October 17, 2012 11:16 PM To: Hechenbleikner, Peter; Zambouras, George; Delios, Jean; Zager, Jeff Subject: FINCOM actions tonight FINCOM voted 0-7-0 - ie against supporting the engineering work for Downtown Phase II (with the proposed sources as $250,000 Permits Revolving Fund and $100,000 Free Cash). They did so for several reasons I'll list below. But first, as part of Article 3 they want to add the water main proposed project (which I reviewed tonight at length) and the Downtown Phase If projects as part of the broad discussion on capital projects. This is in addition to one on the Library, Killam, and School space needs. They also would like a chance to give a report after these five projects are done and before Article 3 is debated/voted. Here are their objections to Downtown Phase II: >It has never been in the capital plan before - a majority of members had never heard of it. One that did remembered it only because of the rotary by the depot portion and thought it was something for several years from now. Where did it come from and why the hurry (they understand the grant opportunity and timing issues)? >By FINCOM policy, it should be done as a debt or capital exclusion because of the size of the project - why has that not been discussed? >What other capital will it replace in the CIP ($400k-$600k/year for ten years) if it is instead done inside the tax levy. >Why is it more important that the other four large capital projects? >What benefit does it bring to the town - is it tied into some economic development plans? Is it something promised to Oaktree as part of their project? >Why would we spend $350,000 in order to get a grant that might be only $750k to $2.0 million? Why would we spend $3 to $4 million of our own money on this? Note that if it were a $50k request to get a $5 million grant then my sense is all those questions above would still be there but they may well have approved this, and then argued later. If I think of more areas I will send that along to you three, but someone should plan on a presentation if they want FINCOM's approval at Town Meeting. If there is no presentation FINCOM will stand up under Article 4 and list all of their unanswered questions and their unanimous opposition to the project at this point in time. I had quite a time getting them to agree to support the $350k item as part of Article 3! Thanks, Bob Robert W. LeLacheur, Jr. CFA Assistant Town Manager/Finance Director Town of Reading 16 Lowell Street Reading, MA 01867 Town Hall Mors: 1 32 e Reading Historical Commission's Recommendations for Article 13: Demolition Delay Bylaw to the Bylaw Committee The RHC has three recommendations for Article 13 for the Bylaw Committee to consider. Recommendation 1: 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 if all 5 members of the Commission vote to do so. The RHC considers this to be an appropriate appeal and is not objecting to this addition to the Demolition Delay Bylaw. In fact, the RHC had been working on adding this to our rewrite of this Bylaw prior to the formation of the Working Committee which added it. However, we are offering one modification to this section of Article 13: 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". Rationales for this recommendation follow: • Higher Standard The vote required under 7.2.3.2, to include a property on the List when a property owner objects, is "if all 5 members of the Commission vote to do so". The RHC contends the vote should be "by an affirmative vote of at least 4 members of the Commission," as there is no other known decision made by any other Town body, board, or commission which requires a unanimous vote and will keep this section consistent with the rest of the bylaw. Requiring this would require the RHC to be held to a different and higher standard than other Town boards and commissions when voting on important matters. 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. Also, if the Commission only has 4 members at any given time, as it currently does, no vote could even be taken. • Additional Information Submitted by Property Owner for RHC's consideration for appeal This second consideration for the RHC's objection is that 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. Therefore, the RHC recommends that the 5 member vote be amended to a 4 member vote in Section 7.2.3.2. Recommendation 2: 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 adoption of an additional appeal process would hinder and nullify the effectiveness of Reading's Demolition Delay Bylaw. The owner never loses the individual's right to demolish personal property, as it 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. In fact, the RHC has X34 S 3 consistently objected to this inclusion. 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 • The 6-month delay is a temporary condition which is reversed after the 6-month period. Therefore, no appeal is necessary, as the appeal is automatic. This is unlike other decisions by other Town boards, which are permanent. • One rationale repeatedly stated for Section 7.2.6.4's inclusion is that the RHC did not properly notify property owners of the Hearing for Inclusion of their property on the List in 2010. The RHC categorically denies this allegation: o All property owners were properly notified in accordance with the current bylaw, and 0 2. Town Manager further corroborated this when asked about proper property owner notification by Selectman Arena in a March 21, 2012, email (public record, included in Board of Selectmen's packet). Town Manager Peter Hechenbleikner responded, "Any defect in the adequacy of the notice was corrected at the time by the Historical Commission by adequately re-noticing the hearing, and holding a second hearing that met the time of notice requirements. • Bylaw Committee Report on Article 21 (a citizen petition warrant article which added appeals to both inclusion to the List and to the enactment of demolition delay) at Town Meeting April 2011 stated, "The Bylaw Committee recommended changes to this article so that a process could be put in place for appeal on being initially included on list of potentially historical structures. The recommend changes would result in the article being only applied to the initial inclusion and would not affect the demolition delay..." The RHC agreed with the Bylaw Committee's recommendation to "not affect the demolition delay" then, and we still maintain this position now. s~3S 4 • 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. Recommendation 3: 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, following 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. The Commission recommends the addition of the phrase following the demolition of the property," after the words "or subtracted". Rationales for this recommendation follow: • Point of clarification - List Update Currently, there are no provisions in the bylaw to remove a demolished property from the List. This addition would allow the Commission to update the List and to have such an accurate List available for the Building Inspector. The only reason to ever remove a property from the List is if it is demolished. This removal from the List does not remove the property from the Town of Reading Historical and Architectural Inventory, as this is a permanent record of Reading's past. Therefore, the RHC recommends the addition of the phrase "following the demolition of the property," to Section 7.2.3. Thank you for considering these three recommendations from the Reading Historical Commission to Article 13. S -3 & Town of Reading tic y 16 Lowell Street G3 9;1NC0 FLQO~P Reading, MA 01867-2685 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, 16 Lowell Street, Reading, MA, M-W-Thurs from 7:30 a.m. - 5:30 p.m., Tues from 7:30 a.m. 7:00 p.m. and is attached, to the hearing notice on the 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 townmanaaer a,ci.readina.ma.us By order of Peter I. Hechenbleikner Town Manager To the Chronicle: Please publish on October 16, 2012 sF1 Street Layout No. ( ) ( ) Street Commonweaftll of f1a55ad)n5ett5 Middlesex, ss. Town of Reading LAYING OUT AND REPORT TO TOWN The Board of Selectmen of the Town of Reading, having determined and adjudged that common convenience and necessity require that a town way be laid out/relocated/altered as and in the location hereinafter described, having complied with all requirements of law relating the notice to the owners of land to be taken therefore and of a hearing thereon, and having met at the time and place appointed for such hearing and then and there heard all persons present who desired to be heard, we have laid out/relocated/altered and do hereby lay out/relocate/alter the town ways known as Jacob Way and South Street for use of the town. The boundaries and measurements of said town way as so laid out/relocated/altered are as follows: South Street Relocation 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; thence along the south line of Jacob Way the following two courses: 5 ~v 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. Jacob Wav Relocation 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 610.87to 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 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; sp 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 made by ( Town Engineer, entitled "Plan and Profile of ( dated ( ) 20( verified by our signatures and made a part hereof. We deem it necessary to have the land of the location protected by having the surface of the adjoining land slope from the boundary of the location, and that an easement or easements be taken therefore. Any and all trees and structures upon the land above described including any and all drains, water and sewer pipes and mains not already owned by the Town, are specifically included in the taking. We have determined that no damages will be sustained by persons in their property by reason of the taking to be made for this improvement as shown in the schedule hereto annexed and made a part thereof. Our action aforesaid has been taken under the provision of law relating to the assessment of betterments and betterments are to be assessed. No betterments are to be assessed for this improvement. The area which it is expected will receive benefit or advantage, other than the general advantage to the community, from such improvement is the area consisting of the several lots or parcels designated on the plan hereinbefore referred to. This laying out/relocation/alteration so made by us we hereby report to the Town for acceptance and order that the same be forthwith field in the office of the Town Clerk. 5F~ WITNESS our hands at Reading aforesaid, this ( ) day of ( ) A.D., 2012. Selectmen of Town of Reading 5 THORNTON, REESE DIEMER CHRISTOPHER MURPHY ROBERT M JR MARY E THORNTON LAURA A DIEMER THERESA M MURPHY 291 SOUTH ST 267 SOUTH ST 271 SOUTH STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 AVERY MARY D PEIRCE JEAN MCCARTHY LORRAINE C 277 SOUTH ST DANIEL P PEIRCE 287 SOUTH ST READING, MA 01867 283 SOUTH ST READING, MA 01867 READING, MA 01867 BEGONIS MARY ELLEN READING PROPERTY HOLDINGS LLC READING PROPERTY HOLDINGS LLC BEGONIS WALTER B C/O PULTE HOMES OF NEW ENGLAND LLC C/O PULTE HOMES OF NEW ENGLAND LLC 289 SOUTH STREET 115 FLANDERS ROAD 115 FLANDERS ROAD READING, MA 01867 WESTBOROUGH, MA 01581 WESTBOROUGH, MA 01581 VECCHIO-KILDUFF ROBERTA BRADLEY JUDITH A TRUSTEE LANE DENNIS F ETAL MICHAEL KILDUFF JAB REALTY TRUST 317 SOUTH ST 305 SOUTH ST 313 SOUTH ST READING, MA 01867 READING, MA 01867 READING, MA 01867 SPINNEY SCOTT R PETRILLO JOSEPH F MUSCARELLA ANTHONY SHEILA C SPINNEY THERESA DELUCA PETRILLO 333 SOUTH ST 323 SOUTH ST 329 SOUTH ST READING, MA 01867 READING, MA 01867 READING, MA 01867 SCHNEIDER MARK MURPHY PAUL J NEARY DOUGLAS J 337 SOUTH ST ANGELA MURPHY LORI J NEARY READING, MA 01867 343 SOUTH ST 355 SOUTH ST READING, MA 01867 READING, MA 01867 NEARY JOAN P MURPHY PAUL JOSEPH READING PROPERTY HOLDINGS LLC 355 SOUTH ST ANGELA MURPHY C/O PULTE HOMES OF NEW ENGLAND LLC READING, MA 01867 357 SOUTH ST 115 FLANDERS ROAD READING, MA 01867 WESTBOROUGH, MA 01581 RIZZA FRANK JR TOWN OF READING GREENO MARIANNE H GIUSEPPINA M RIZZA 16 LOWELL ST 286 SOUTH ST 40 CURTIS ST READING, MA 01867 READING, MA 01867 READING, MA 01867 SCHWARTZ ETHAN AN BO JOHNSON ROBERT E 282 SOUTH ST FENG WEN 292 SOUTH ST READING, MA 01867 274 SOUTH ST READING, MA 01867 READING, MA 01867 BEAN STEPHEN D ETAL TRUSTEES 100 MAIN STREET READING LLC BOYER ANDREW T THE BEAN FAMILY REVOCABLE TRUST 24 LILAH LANE 362 SOUTH ST 296 SOUTH ST READING, MA 01867 READING, MA 01867 READING, MA 01867 / / 1p MITCHELL PAUL C NEARY LORI J HOFFMAN RYAN KAREN D RAMACORTI JAY DOUGHTY ETAL AIMEE HOFFMAN 356 SOUTH STREET 348 SOUTH ST 340 SOUTH ST READING, MA 01867 READING, MA 01867 READING, MA 01867 BARTON JEFFERY P LEAH WILLIAMS 336 SOUTH ST READING, MA 01867 GANGFENG XU YUQING XUE 332 SOUTH ST READING, MA 01867 POWELL RONALD W CHRISTINA M H POWELL 328 SOUTH ST READING, MA 01867 MESSINA MARJORIE A 310 SOUTH STREET READING, MA 01867 EASTERN MIDDLESEX MULTIPLE LISTING, INC. 70 MAIN ST READING, MA 01867 PANG EDWARD K VICKY YEUNG 318 SOUTH ST READING, MA 01867 100 MAIN STREET READING LLC 24 LILAH LANE READING, MA 01867 BRUNGARDT CHRISTOPHER L CHRISTINE BOLDUC 324 SOUTH ST READING, MA 01867 100 MAIN STREET READING LLC 24 LILAH LANE READING, MA 01867 s~~ Board of Selectmen Meeting October 9, 2012 For ease of archiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken zip @ the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen John Arena and James Bonazoli, Youth Liaisons Eric Johnson and Mary Kate Kelley, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Office Manager Paula Schena, Town Clerk Laura Gemme, Police Chief James Cormier, Town Engineer George Zambouras, Recreation Administrator John Feudo and the following list of interested parties: Tony Capobianco, Steve Zerfas and Ellen Emmons. Absent was Chairman Stephen Goldy. Reports and Comments Selectmen's Liaison Reports and Comments - James Bonazoli noted that the Sturgis Park meeting with Conservation Commission was postponed until October 26tH Ben Tafoya noted that the Financial Forum is tomorrow night and funding is available for the state's portion of the Library project. John Arena noted that he attended the ballet opening evening and it is a beautiful facility. Town Manager's Report - The Town Manager gave the following report: Administrative matters ♦ Volunteers still needed for the: Bylaw Committee, Conservation Commission, Finance Committee (2), Trails Committee, Historical Commission, West Street Historic District Commission, and Zoning Board of Appeals. ♦ Last Day to register to vote is October 17 (Wednesday) when the Town Clerk's office will be open until 8:00 PM. Residents can apply now for an absentee ballot. Absentee ballots are now available. ♦ 3rd Annual Operation Troop Support Gift Wrapping - The Reading Lions Club requests your help at the 3rd Annual Operation Troop Support Gift Wrapping event on Saturday, October 20th from 9:00 AM to 12:00 Noon at the Reading Senior Center. Operation Troop Support, an organization from Boston's north shore area, sends 30,000 holiday presents to service men and women every December and they all need to be wrapped! Operation Troop Support will supply the gifts and wrapping supplies, all we need is YOU! Please consider joining this community event sponsored by the Reading Lions Club. For more information contact Lorraine Barry, ljbarry@verizon.net. CL-~ ' Board of Selectmen Minutes - October 9, 2012 - bane 2 Communitv Services ♦ October 11, 2:00 PM - Ribbon Cutting - Oaktree. Special guest will be Secretary of Housing and Economic Development Greg Bialecki. ♦ Veterans Day will be celebrated on Sunday, November 11 at 11:00 AM on the common. A breakfast for veterans will be served at the Senior Center from 9:30 to 10:30 AM. Finance ♦ The Financial Forum is scheduled for tomorrow, October 10 at 7:00 PM at the Senior Center. 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 1/2 debt exclusion) and then proceed with construction. 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. ♦ Garret Road overlay has been completed. ♦ Main Street between Washington Street and the RR tracks will be milled and overlaid within the next couple of weeks - night time work. ♦ Irving and Boswell Streets 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 - bids were opened last week; seven bids were received ranging between $217,322.98 to $349,170.55. As soon as the low bidder, Joseph P. Cardillo & Sons Inc., furnishes his bonds the contract will be executed and the work will start. This should be within the next 2 weeks. ♦ The Howard Street temporary water service finally passed quality tests and the contractor is back to work finishing up that project ♦ Curb and Sidewalk bids have been awarded. It is possible that Bancroft Avenue and Highland Street curb and sidewalk work could be done this fall. Discussion/Action Items CAB Member Ubdate - CAB member Tony Capobianco was present. He noted that RMLD General Manager Vinnie Cameron is retiring and the General Manager Search Committee process is underway. An independent audit report was done and the RMLD is in very good shape. The Reading Municipal Light Board decided to sell 60% of the Renewable Energy Certificates (REC's) and let 40% expire. The money was applied to the fuel charge, but there is no policy on REC's yet. John Arena asked how much the REC's sold for and Mr. Capobianco indicated it was $230,000. Richard Schubert asked about the timeline for replacing the General Manager and Mr. Capobianco noted that the General Manager gave six months notice and will be leaving in the spring. r ~v Board of Selectmen Minutes - October 9, 2012 - page 3 Ben Tafoya asked Mr. Capobianco to keep the Board informed regarding what options are being discussed regarding the policy on REC's and also when there will be community input and timeline on replacing the General Manager. Close Warrant for November Election - Town Clerk Laura Gemme noted she processed 100 absentee ballots today. October 17 is the deadline to register to vote. A motion by Schubert seconded by Bonazoli that the Board of Selectmen close the Warrant for the November 6, 2012 Election was approved by a vote of 4-0-0. Review Traffic/Parking Plan - Election - Town Clerk Laura Gemme and Police Chief James Cormier were present. Laura Gemme reviewed the map and the process and noted that the High School will have a delayed start. She will supply the media with the map. Richard Schubert asked Laura Gemme about a letter that was received from a photographer and Laura Gemme noted that in past elections individuals have indicated they don't want their picture taken while voting. In the past she has asked photographers to go upstairs and take an overview and not zoom in on any individual. This photographer did not want to do that. Approval of Betterments - Ed2emont and Stewart Streets Curbing - The Town Manager noted there were questions raised about the calculation of the assessment. Town Engineer George Zambouras noted that the Engineers went out and located property lines and adjustments were made. The big change was in the loam quantities and in one case the assessment went down. One property owner has 88.4 feet of extra curb at $16 linear foot price and 168 feet at $30. The original assessment was reversed. Each resident received a letter and itemized quantities. Stephen Zerfas of 3 Stewart Road noted he had a problem with the increase in loam. He indicated the contractor did a lousy job too. He measured the markers and there was a difference of 39 feet. There was a $593 shift and that is a huge amount of money. The Town Engineer noted that the contractor charges by the square foot and he told the property owner not to touch it because the contractor will be back in the spring to reseed. Kevin Douglas of 58 Edgemont Street noted that the curbing came out great, but the increase was kind of hefty. The Town Engineer noted the estimate was done on a three foot tree lawn, but most are actually five feet. Mr. Douglas also noted that the contractor did a lousy job on the loam and seed - it's all weeds and rocks. Paula Evans, 19 Stewart Road suggested the Town get a better estimate next time. She feels $1,300 for loam and seed is ridiculous. Her bill decreased $140, but the problem is with the process. The Town Engineer noted that the Town is holding the contingency and he will have the contractor come back in the spring. Board of Selectmen Minutes - October 9. 2012 - naQe 4 A motion by Bonazoli seconded by Schubert that the Board of Selectmen confirm the betterments for the improvement of Edgemont Avenue and Stewart Road for uranite curbing at a total cost of $55.637.77 with the assessments apportioned as follows among the benefittinti property owners and at the rate of interest on unpaid balances of 3.97% per annum for a maximum term of up to 20 vears: TOTAL ADDRESS PLAT LOT OWNERS ASSESSMENT 74 Edgemont Avenue 20 13 Ronald M. Ranere $ 4,613.96 Carolyn M. Ranere 66 Edgemont Avenue 20 12 Michael Cashins $ 3,771.87 Lisa Cashins 58 Edgemont Avenue 15 253 Kevin Douglas $ 3,743.48 Joanne M. Douglas 75 Edgemont Avenue 20 11 Michael J. Long $ 5,113.78 Elizabeth M. Long 69 Edgemont Avenue 20 10 Kenneth J. Lyons $ 3,181.07 Ashley B. Petrillo 63 Edgemont Avenue 20 9 Robert A. Nelson $ 3,066.37 Margaret M. Nelson 57 Edgemont Avenue 20 8 Michael P. Lenihan $ 2,916.85 Jennifer A. Lenihan 51 Edgemont Avenue 15 246 Robert W. Shirkoff $ 3,710.46 Pamela A. Shirkoff "t Board of Selectmen Minutes - October 9. 2012 - page 5 45 Edgemont Avenue 15 245 Louis J. Nunziato $ 3,075.60 Norma Nunziato 3 Stewart Road 15 249 Stephen G. Zerfas $ 8,080.19 Julie R. Zerfas 11 Stewart Road 15 250 Norbert A. Wels $ 3,837.19 Agnes R. Wels 19 Stewart Road 15 251 Robert Emmons $ 3,547.90 Ellen Emmons 25 Stewart Road 15 252 Paul D. Teague $ 3,620.96 Jeanne M. Teague 35 Stewart Road 14 58 Kenneth M. Lafferty $ 3,358.11 Tracey Lafferty $ 55,637.77 was approved by a vote of 4-0-0. Approval of Fence Extension - Lacrosse Field at Birch Meadow - Recreation Administrator John Feudo noted that both staff and children have been dodging balls at this area. He met with coaches and the best solution is to put up netting. The lacrosse ball is very hard like a cue ball and really hurts if you get hit with it. The intent is to use black netting and the post will merge with the back fence that already exists. The post will be 18 feet high and the height of the netting is 12 feet. There will be 5 to 6 posts for a total of 220 feet. The cost is approximately $8,200 and the intent is for the town and school to split the cost. A motion by Bonazoli seconded by Arena that the Board of Selectmen approve the fence extension at the Lacrosse Field at Birch Meadow as presented was approved by a vote of 4-0-0. Presentation of Water Distribution Studv and Review of Water Storaiae Issues - MWRA - The Town Manager noted that we did a master plan 10 years ago when our water came from wells. The Town has been replacing water lines. We have since changed to a different source of water and also changed the direction that it comes from. It now comes from the south instead of the north. The northern end of Town has an issue with nitrification. Board of Selectmen Minutes - October 9. 2012 - bane 6 Barbara Cook and Leah Stanton from Weston and Sampson gave a presentation (which is available in the Town Manager's office) on the water system. Ms. Cook noted that in 2006 we changed water source to MWRA which reversed the water direction. The chlorine is decaying the water system. They conducted a water quality evaluation in 2010 and updated the water master plan. Two items that need to be addressed are to evaluate the second MWRA connection and evaluate the nitrification issue. The EPA requires surface water systems to maintain a disinfectant residual. The MWRA uses chloramine and when you have chloramine you have nitrification. The chloramine is added at the source and Reading is a long way from that. Ms. Stanton noted that Reading has 111 miles of water mains. Unlined pipes were installed between 1890 - 1930. After 1930 the pipes were cement lined. The Town has approximately 30% unlined pipe and it will cost the Town $25 million to replace it. She suggests coordinating the pavement management program with line replacement. Reading is also eligible for a $4.1 million loan from the MWRA. One solution would be to add chloramine in the Town, but the Town may need to build a facility for testing and it would have to be staffed. The other recommendation is to replace the water lines on Main Street from North Reading to the square. The Town Manager noted that the MWRA has a responsibility to provide safe, clean water and the Town has the responsibility to maintain the pipes. Having 30% in unlined pipe is not unusual in other communities. Replacing the Main Street line is a priority and should be authorized this year. The Town Manager noted that the Town will not need the Bear Hill water tank when the second connection is online. He suggests negotiating with the MWRA regarding the water tank. Add money to the capital plan for water main replacement and for the Board to authorize the Town Manager to work with the MWRA on assuring the maintenance of an adequate supply of chloramine. Also, North Reading has expressed an interest in purchasing water from the MWRA and Reading would benefit from that. The consensus of the Board was for the Town Manager to negotiate with the MWRA since it costs no money to talk. Town Manager Search Process - Ben Tafoya noted the Board received a proposal from the Collins Center and it was the only formal proposal. A motion by Bonazoli seconded by Schubert to authorize Carol Roberts to i!o into neLyotiations with the Collins Center regardine the proposal letter dated October 3, 2012 was approved by a vote of 4-0-0. The Board directed Carol Roberts to request that someone from the Collins Center be present at the next meeting. Approval of Minutes A motion by Bonazoli seconded by Schubert to approve the minutes of August 21, 2012 was approved by a vote of 4-0-0. Board of Selectmen Minutes - October 9, 2012 - page 7 A motion by Bonazoli seconded by Schubert to approve the minutes of September 11, 2012 as amended was approved by a vote of 4-0-0. A motion by Schubert seconded by Bonazoli to approve the minutes of September 18, 2012 was approved by a vote of 4-0-0. A motion by Schubert seconded by Bonazoli to adjourn the meeting at 10:15 p.m. was approved by a vote of 4-0-0. Respectfully submitted, Secretary 6Cx'I OF RF4~~ ` a y c r 639'1NCOR404P i THE COMMONWEALTH OF MASSACHUSETTS Number: 2012-5 Fee: $50.00 ~TOWN OF READING This is to certify that ANTHONY PIMENTEL, CHAIRMAN OF THE BOARD OF TRUSTEES OF AUSTIN PREPARATORY SCHOOL 1 IS HEREBY GRANTED ( A SPECIAL ONE-DAY LICENSE / FOR THE SALE OF ALL ALCOHOL AT THE MULTI-YEAR CLASS REUNION DINNER DANCE TO BE HELD ON OCTOBER 27, 2012 AT AUSTIN PREPARATORY SCHOOL, 101 WILLOW STREET, IN THE MULTI-PURPOSE FACILITY/GYM BETWEEN THE HOURS OF 6:00 P.M. TO 11:30 P.M. ® C1 Under Chapter 138, Section 14, of the Liquor Control Act. Holders of one day licenses shall provide a bartender and/or servers who are trained and authorized to make decisions regarding continued service of alcoholic be 1 to attendees. There shall be no self service of any alcoholic beverage at any event approved as a one day license. This permission is granted in conformity with the Statutes and Ordinances relating thereto and expires at 11:30 p.m., October 27, 2012, unless suspended or revoked subject to the following conditions: l 1. Liquor to be purchased from authorized distributor. 2. Liquor to be stored on site onlv before and after event. P W. Jo" 1 ~ v I Date Issued: October 10, 2012 ?a-- b /C C~ 1 C ~ G ' vww ; { r , V 61 ur'~a f inity October 9, 2012 Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Re: Grandfathered Cable Packages Dear Chairman and Members of the Board: As part of our initiative to standardize programming packages, I am writing to inform you of changes Comcast will be making to grandfatheredl former AT&T cable packages. These changes will effect a minimal number (less than 1%) of our customers. Comcast is committed to offering the best value in home entertainment and providing a wide variety of programming choices to our customers. To help achieve that result, customers in these grandfathered packages will be transitioned to the corresponding Comcast package with the same price point as their grandfathered package. We will be notifying each effected customer of the specific changes impacting their Comcast service by letter beginning October 12`h for changes which will occur beginning November 14`h. Customers will see an additional twenty-seven to forty-five channels (many in HD!) such as CBS SN, CBS SN HD, Cooking, DIY (Do It Yourself), ESPNU, ESPNU HD, NBA HD, NHL HD. TCM (Turner Classic Movies) is not available in their new package. A toll free customer service number has been set-up specifically for this initiative. Should residents contact you with questions please do not hesitate to direct them to this number, 1-866-215-9848, or they can visit us online at www.comcast.com. Should you have any questions about this initiative or about our services in general, please do not hesitate to contact me at (978) 927-5700 x43024. Sincerely, ,lane,M. Lyma4-v Sr. Manager Government & Regulatory Affairs 1 Grandfathered is a package that has not been offered for new subscription within the past several years. L/( 6 aS nationa grid October 2, 2012 James A. Brennan 422 Lowell Street Reading, MA 01867 Dear Mr. Brennan: Marcy L. Reed President, Massachusetts I received your letter of September 13, 2012 in which you requested my assistance to address a concern on Lowell Street. Representatives of National Grid have been in contact with the Reading Department of Public Works and performed a visual assessment of the area you referred to in your letter. It is my understanding that the manholes are owned by the Town of Reading and that some recent work was performed by the Town to alleviate some of the noise concerns. I hope you found our actions to be responsive to your concerns. We will continue to work closely with the Town of Reading on any future concerns raised by yourself or other neighbors. Sincerely, Marcy L. Reed cc: Reading Town Manager ,K, riding Board of Selectmen 40 Sylvan Road, Waltham, MA 02451 T:781-907-1760 ® F:781-907-5705 ® marcy.reed@nationalgrid.com ® www.nationalarid.com q v BRADLEY H. JONES, JR. STATE REPRESENTATIVE MINORITY LEADER ~~~9E C~%IF~zf (.1F'~L~CG~GC~E.i October 9; 2012 Richard Davey, Secretary Massachusetts Department of Transportation 10 Park Plaza, Suite 4160 Boston, MA 02116 Re: West Street Reconstruction Project, Reading, MA - Project No: 601705 Dear Secretary Davey: 20"' MIDDLESEX DISTRICT READING • NORTH READING LYNNFIELD • MIDDLETON ROOM 124 TEL. (617) 722-2100 Brad Iey.Jonesl-_?MAhouse gov ~i We write to respectfully urge the Massachusetts Department of Transportation to fund the long awaited and much needed improvements to West Street in the Town of Reading. The Town of Reading has been working diligently with your department since the mid- 1990s on this important reconstruction project, yet the project has not been placed on the TIP. The use of unspent earmarked federal money would be a wise investment, as all environmental issues have been addressed, no land acquisitions are necessary and only temporary rights of way for construction are needed, so this project would be ideal for these funds. As you may know, four million ($4,000,000) dollars was earmarked in the August 2012 bond bill for this project. While we understand that the sum of the projects in the bond bill far exceed the bond authorization, we hope that if federal funds are unavailable, this project be placed on the TIP in the hopes that MassDOT can unlock the earmark funding from this bond bill. In addition to the fact sheet the Town provided you, we also wanted to share a 2009 letter to then-Secretary James Aloisi, which describes the history of the project and highlights the Town's desire to move forward with the project, by seeking any and all available funding sources. We respectfully ask for your consideration of this important matter. Please do not hesitate to contact us with any questions. qdi J s ,1 D er) Kat Brine Clark te,~Representative State Senator Piddlesex Middlesex & Essex Enclosures (2) Cc: Jay Gonzalez, Secretary, Executive Office for Administration & Finance PpIter Hechenbleikner, Town Manager, Town of Reading eading Board of Selectmen 61 d v L.v miaaiesex RECONSTRUCTION OF WEST STREET READING, MASSACHUSETTS MASSDOT PROJECT FILE NUMBER 601705 PROJECT LOCATION AND LIMITS The project includes the West Street Corridor from the intersection of West/Willow/Summer Avenue southward to the Woburn City Line in Reading, Massachusetts. Improvements to the intersection of Woburn Street at Summer Avenue are also included as part of the project. The project limits along the corridor extend approximately 7,500 feet (1.4 miles) along West Street and an additional 2,500 feet (.5 mile) along the intersecting side streets for a total project length of approximately 10,000 feet (1.9 miles). LOCATION PLAN ! 28 ; 129 WILMINGTON I Austin Prep School Op, S . G. ST (End Project ~r ~READiNta Barrows Parker } Avalon 11 Elementary Middle i y 490 units ~1 f School I School k Johnson Woods 00 250 units - , 1 - 28 West Street Woburn St at Summer Ave ; - ~ I Reading Commons; = r~ Joshua Eaton; Elementary 204 units school Woburn: Begin Project) t Commercial / Industrial Area ~~s~~TN ST 4 f _ 4A r f Cf i~1 STONEHAM 2s" A THE PROJECT HAS BEEN IN THE WORKS FOR OVER 14 YEARS. • This project received Project Review Committee approval on February 6, 1996 • 25% Design Package submitted to MassDOT on February 27, 2006 • MassDOT Design Public Hearing held on January 30, 2008 • 75% Design Package submitted to MassDOT on September 29, 2008 • Order of Conditions issued by the Reading Conservation Commission on December 2, 2009 PROJECT NEED ADT along West Street corridor is approximately 13,100 vehicles West Street serves as the primary connector between Woburn and communities north of Reading and also provides access to I-95 in Woburn and I-93 in Wilmington School Safetv need oBarrows Elementary School (K-5) immediately abuts West Street. There are 400 children in the school the majority of which use West Street to access the school. This school site also contains a park site which contains neighborhood basketball, tennis, baseball, and playground facilities. oParker Middle School (6-8) lies 4 blocks to the east of West Street and houses approximately 595 students, about '/4 of whom must cross West Street to get to school. This site also contains one of the Town's major athletic facilities consisting of an artificial turf soccer, lacrosse, and football field. oThe intersection of Woburn Street and Summer Avenue is one block from Parker Middle School and under this project a new signal will be installed.. oJoshua Eaton School (K-5) lies approximately 5 blocks to the east of West Street and houses 425 elementary school students as well as a major youth baseball facility and playground. oAustin Preparatory School (5-12) lies near the northerly end of the project about a block away, and houses 695 students, all of whom drive or driven to school. At least 1/2 of the students arrive at school via West Street Communitv Growth (in and outside of Readin0, Three major housing developments, as well as growth in the commercial areas of Woburn; create more traffic on West Street. oAvalon Bay 490 unit multifamily residential rental development in Woburn - access is only via West Street oJohnson Woods 250 unit multifamily residential for sale (condo's) development in Reading - 10% affordable units - access is only via West Street oReading Commons 240 unit 40b rental development - 20% low income - access only via West Street o Commercial development in Woburnl - Cununings Park and Mishawaum Road retail area - still expanding MISCELLANEOUS PROJECT INFORMATION • West Street Pavement Condition Index (PCI) is approximately 61.5 on a scale of 100 • Town completed water distribution main along West Street in 2005, in preparation of the reconstruction project. The roadway is now in desperate need to reconstruction and if the project is not moved quickly local funds will have to be spent which will be wasted when the reconstruction project is done. • Length of project is approximately 1.9 miles (includes side streets) Project to provide continuous pedestrian and wheelchair facilities with new cement concrete sidewalks and ADA/AAB wheelchair ramps and grass buffer strips along both sides of roadway • Project to install new School Crossing Traffic Signal (fully actuated) at West Street/King Street/Winslow Road intersection for Barrows Elementary School and Parker Middle School students • Project cost is currently $7,907.254.57 (MassDOT is carrying this amount in their system) • The town has expended approximately $370,000.00 for Design Services to date • MassDOT has completed the 75% Design Review with the exception of the District 4 DUCE Section (District has sent draft DUCE Comments with the formal comments due by September 17, 2010) • The Utility Coordination Meeting was held on May 18, 2010 and site walk was held on June 29, 2010 RIGHT OF WAY and ENVIRONMENTAL STATUS Town is obtaining signatures on new Right of Way forms (no permanent easements or takings) The CE Checklist and ENF were submitted to MassDOT on June 23, 2010 Local Conservation Commission approval received 2010 FUNDING (TIP) STATUS 0 Project currently resides in the Universe of Projects (not programmed on a FFY TIP) 6dq /Nur'RFgo/Y Town of Reading 16 Lowell Street °JS,9,,N oRYO ~w° Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942-9043 October 15, 2009 Secretary James Aloisi Executive Office of Transportation and Public Works 10 Park Plaza, Suite 3170 Boston; MA 02116 Re: Reconstruction of West Street - Reading, MA Project Number 601705 Dear Secretary Aloisi: The Town of Reading (Town) recently attended the Boston MPO's July 9, 2009 Transportation Planning and Programming Committee (TPPC) Meeting to present the referenced project. The main purpose of this meeting was to discuss the Draft FFY 2010 to 2013 TIP and the various projects that would eventually constitute the region's four year program. The Town's presentation of the West Street Project at this meeting was part of the long process where the Town has been coordinating extensively with both the Massachusetts Highway Department (MassHighway) and the Boston MPO for a number of years, expending tremendous amounts of time, effort and funds to see that the improvements that make up this project are eventually implemented. However, our efforts, to date concerning this have been unsuccessful. During the TPPC meeting in question, a member of the MPO suggested that municipalities with projects not currently programmed on a FFY TIP should correspond with your office through a Ms. Rachel Bain in an attempt to access American Recovery and Reinvestrneftt Act or Stimulus Funds for the construction of their respective projects. With that in mind, the Town of Reading is writing to respectfully request that the West Street Project receive consideration for use of ARRA funds in order that the much needed and tong awaited improvements to this roadway might be realized. West Street is functionally classified as a minor arterial consisting of a single travel lane in each direction and runs from north to south along the southwestem side of the Town of Reading between the Town of Wilmington and the City of Woburn. The West Street corridor is primarily residential and maintains sidewalks along most of its length on at least one side of the roadway. Currently, West Street carries approximately 13,500 vehicles per day and this volume is steadily increasing each year. West Street is used as an alternate commuter route to access the industrial sectors of Woburn and Wilmington, providing access to the Interstate 93/Route 129 Interchange in Wilmington via Willow and Lowell Streets, To the south, it passes under Interstate 93 and connects with Washington Street and the Route 2. 128 Interchange in Woburn. Along with being one of the main arterials between Woburn and points north including the Town of Wilmington, the area along West Street has also seen a tremendous amount of growth in the form of development which has put a strain on this already taxed roadway. Recently, two large developments have taken place along the corridor - the Johnson Woods residential development to the north of the project as well as the Archstone development located along the southern end of the project. Additionally, a recently constructed 450 unit residential development in Woburn accesses West Street at the Wilmington/Reading line. Since this project is being driven primarily by development projects both within and surrounding Reading, it could be said that it is being done in response to economic development rather than driving it. West Street also provides access to Barrows Elementary School through Edgemont Avenue. West Street is located approximately 0.5 mile from the Reading Commuter Rail Station, and carries much of the traffic accessing that station from the west side of Reading and out of town users. The West Street Project will provide much needed roadway, geometric, and traffic control improvements along the corridor that will result in improved vehicular, pedestrian and bicycle safety as well as vehicular capacity and traffic operations within the project limits. The project involves the full depth reconstruction of West Street from the Woburn City line to the intersection of West Street with Longwood Road in Reading for a distance of approximately 7,500 feet. The project also involves roadway work along the various side streets within this section of West Street for a combined length of approximately 2,500 feet, resulting in a total project length of approximately 10,000 feet. Along with the roadway work, the project also includes the installation of new granite curbing and the construction of ADA accessible cement concrete sidewalks and wheelchair ramps, improvements to the closed drainage system and the installation of new pavement markings and signs. The project also includes the installation of fully-actuated traffic signals at the intersections of West Street with Woburn Street and Wescroft Road, West Street with King Street and Winslow Road, and West Street with Summer Avenue and Willow Street, as well as the intersection of Woburn Street and Summer Avenue. It should be noted that the intersection of West Street with King Street and Winslow Road also serves as the school crossing for the Barrows Elementary School. The work will provide acceptable lanes and shoulders along the corridor to safely accommodate vehicles as well as bicycles and will also provide new sidewalks with a grass buffer strip for much improved pedestrian safety. The construction cost of the project currently stands at approximately $7.9 million. This project was conceived in the early 1990's and eventually received Project Review Committee approval in 1996. The 25% Design was submitted to MassHighway on February 27, 2006 and the Design Public Hearing was held on January 30, 2008. MassHighway is currently reviewing the 75% Design which was submitted on September 29, 2008. Since MassHighway has also approved the Preliminary Right of Way for the project, the Town has been coordinating with the owners along the corridor to obtain Right of Entries to allow for the construction of the improvements. To date, we have received signed Right of Entry Agreements from approximately half of the property owners along the length of the project. It should be noted that this project does not require any permanent easements or fee takings. qJ (0 3. A Notice of Intent was also filed with the Reading Conservation Commission on April 3, 2009 for work within wetland buffer zones, and the Draft Order of Conditions is currently being drawn up following the final presentation at a September 23, 2009 Hearing_ The Town has also held numerous Public Meetings with the various stakeholders throughout the various stages of the design to ensure that the design process progresses seamlessly. Presently, there is overwhelming support for the project from the various stakeholders. The Town considers the West Street Project our Number I Priority, and we will stay connnitted to this until such time as funds are made available for the construction of these improvements. The Town, therefore, respectfully requests that your office consider allocating ARRA finds for the construction of the West Street Project. The Town understands that projects receiving these funds are required to be ready for advertisement by February 2010. The Town is confident that with the Right of Way process underway and the Environmental process nearly complete, this project will be ready for advertisement by February 2010. Also, the MassHighway District 4 Office has indicated their support of this project and has committed to complete their reviews on the Final Design Submissions in a timely manner that would not hinder this project being ready by the required date. The Town would like to thank you for your consideration of our project, and we look forward to working with your office in cooperation with the MPO and MassHighway to see that this project is carried through to completion. Please do not hesitate to contact my office should you have any questions or require additional information. erely, r = r Pt ter I. Heche0eikner Town Manager CC: Board of Selectmen Rachel Bain - Executive Office of Transportation Patricia Leavenworth, P.E. - District Highway Director - MassHighway District 4 Frank Suszynski, P.E. - Project Development Engineer - MassHighway District 4 David Mohler - TPPC Chairman Hayes Morrison - TIP Manager Representative Brad Jones Representative Jim Dwyer Senator Richard Tisei 9d1 LAC gcj TRACKING OF LEGAL SERVICES - FY 2013 Hours I Month Monthly Monthlv Available Monthlv Monthly Available Hours Hours Remainder $ 1 Remainder Allocated Used of Year Allocated Used of Year July 31.6 19.5 359.8 $4,583 $2,828 $52,168 August 31.6 35.8 324.0 $4,583 $5,191 $46,977 Septembei 31.6 26.2 297.8 $4,583 $3,799 $43,178 October 31.6 297.8 $4,583 $43,178 November 31.6 297.8 $4,583 $43,178 December 31.6 297.8 $4,583 $43,178 January 31.6 297.8 $4,583 $43,178 February 31.6 297.8 $4,583 $43,178 March 31.6 297.8 $4,583 $43,178 April 31.6 297.8 $4,583 $43,178 May 31.6 297.8 $4,583 $43,178 June 31.6 297.8 $4,583 $43,178 Total 379.3 81.5 $54,996 $11,818