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HomeMy WebLinkAbout2012-12-18 Board of Selectmen HandoutDRAFT MOTIONS DECEMBER 18, 2012 Goldv. Tafova. Schubert. Arena. Bonazoli Hechenbleikner 5b) Move that the Board of Selectmen approve the Housing Production Plan for the Town of Reading dated November 1, 2012. 5c) Move that the Board of Selectmen approve the draft Open Space and Recreation Plan. 5e) Move that the Board of Selectmen approve the Inter-Municipal Agreement among the City of Melrose, the Town of Wakefield, the Town of Saugus and the Town of Reading for the Director of the Veteran's Services Department in substantially the form submitted, and authorize the Town Manager to sign the agreement on the Town's behalf. 6a) Move that the Board of Selectmen approve the minutes of November 14, 2012 as amended. Move that the Board of Selectmen adjourn the meeting at p.m. r"), TOWN MANAGER'S REPORT Tuesday, December 18, 2012 Administrative matters ♦ Volunteers needed!! - Bvlaw Committee Zoning Board of Appeals ♦ Holiday hours at Town Hall Communitv Services ♦ Future of the Post Office ♦ Preliminary application for 40 b or LIP program on north Main Street has been received and is being reviewed by staff, with an intent to get a report to the Board of Selectmen after the first of the year ♦ Mawn (MF Charles) interior demo permit issued. Known tenants are Orange Leaf frozen yoghurt, and Banratty's Irish pub. ♦ Planet Fitness approved for former Registry location. ♦ Perfecto's is revising the plan and applying to the Conservation Commission for the amended plan Finance ♦ FY 2014 budget process has started ♦ Governor's 9c reductions in FY 2013 budget Public Safetv ♦ Remedial work at the main Fire HQ building has been done to reinforce the floor. Public Works • Mineral Street bridge - moving utility poles out of sidewalk • East Haven Street - lighting remains to be completed • Crosswalk repair • Poet's Corner - 65% of the sub drain has been installed. Sewer replacement has begun. Paving in the spring. • Compost Center will be open January 19 for Christmas Trees and left over leaves etc. Upcomina events: ♦ MLK Celebration - January 21, 2013 ♦ Special Town Meeting - January 28, 2013 12/18/2012 0 James W. Corinier Chirf of Police READING POLICE DEPARTMENT 15 Union Street, Reading, Nlassachusetts 01867 Emergency Only: 911 All Other Calls: 781-944.1212 Fax: 781-944-2893 Web; A,ww.ci.reading.nia.us/police/ December 13, 2012 Dear Downtown Business Owners: As you may know, the Town of Reading offers leasable parking spaces to owners and employees of businesses located within the Downtown Business District. I wanted to take a brief moment to provide you with a formal update on the status of this program. The Reading Police Department manages the Town's leased parking program, which consists of seventy-one leasable parking spots located in four different strategic areas. Leases are arranged through permits, which grant permit holders exclusive parking rights to specific spots between the hours of 8:30 a.m. and 5:00 p.m. Monday through Friday. Permit holders are generally allowed to manage the use of their assigned parking space(s) however they see fit. Should a problem arise, the Reading Police Department will assist in the clearing of the permit holder's assigned space. Permits are obtained directly through my office at a cost of $30 per month for single spots and $50 per month for tandem spots. Permits are valid for one full calendar year and must be paid in full at the time of purchase. A prorated refund may be granted under certain circumstances when a valid reason to return a permit exists. You may be interested to know that ten leasable spots will be coming available on January 1, 2013. These parking spots are located on High Street between Woburn Street and Vine Street. I wanted to make this information available to you so that you could make arrangements for purchase of these spots, if you so desire. Please note, the leased parking program has been a great success and my office has been contacted by several interested parties already. If you are interested in this program, we would encourage you to contact my office as soon as possible because permits are issued on a "first come, first serve" basis. Interested parties should contact my Administrative Assistant, Vicki Cummings, at (781) 942-6769 or visit my office between the hours of 7:30 a.m. and 3:00 p.m. Monday through Friday. r Sincerely, James W. Cormier Chief of Police Enclosure 5.13 Senior Center Parkins; The Town Manager shall designate 14 parking spaces at the "old" Police Station parking lot on Parker Street for Senior Center parking, and shall order those spaces to be appropriately marked for that purpose. These spaces shall be reserved for employees and patrons of the Senior Center at 49 Pleasant Street between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except on Town holidays. During a snow emergency declared by the Town Manager or his designee, no parking will be permitted in "Senior Center" spaces from 7:00 a.m. to 10:00 a.m. 5.13a Reserved Parkin, The following restrictions apply to the streets and parking areas listed in Appendix A-10a-Reserved Parking. 5.14 Emnlovee/Merchant Parkins; The Town Manager shall designate 14 parking spaces at the Senior Center parking lot on Parker Street (known as the Parker Street lot) as "Employee/Merchant Parking - Permit Required," and shall order those spaces to be appropriately marked for that purpose. The Town Manager shall designate up to 13 parking spaces in the Hamden Yard parking lot as "Employee/Merchant Parking - Permit Required," and shall order those spaces to be appropriately marked for that purpose. These spaces are "tandem" spaces, and permits for these spaces shall only be sold in pairs with the two spaces that are back to back being given permits only to the same person or organization. The Town Manager shall designate four parking spaces on the south side of Brande Court east of Chute Street as "Employee/Merchant Parking - Permit Required," and shall order those spaces to be appropriately marked for that purpose. The Town Manager shall designate 54 parking spaces on the west side of High Street between Woburn Street and Vine Street as "Employee/Merchant Parking - Permit Required," and shall order those spaces to be appropriately marked for that purpose Such parking spaces shall be restricted to "Employee/Merchant" parking on Monday through Friday, from 8:30 a.m, to 5:00 p,m. Individual spaces will be assigned to permit holders, and permit holders will be permitted to park only in their designated space. Priority for permits for spaces shall be given to those businesses in the closest proximity to each lot that has spaces designated as "Employee/Merchant Parking." The methodology of assigning spaces where there is greater demand than supply shall be developed by the Town Manager. During a snow emergency declared by the Town Manager or his designee, no parking will be permitted in "Employee/Merchant" spaces from 7:00 a.m. to 10:00 a.m. Permits will be sold at a fee of $30.00 per space per month, $25.00 per space per month for tandem spots. Traffic Rules and Regulations 15 August, 2010 Town of Reading BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MA 01609 508-799-9739 GARY S. BRACKFIT FAx 508-799-9799 gsbrackett@bracketilucas.com VIA EMAIL AND FIRST CLASS MAIL. December 13, 2012 Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading, MA 01867-2674 CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED COMMUNICATION RE: Zoning Enforcement of Signs Dear Peter: You have requested that I provide you with an update to our memorandum of October 19, 2012 regarding enforcement of the Reading Zoning Bylaw ("Bylaw") as to certain signs which do not comply with the applicable regulations. In our previous memorandum, a copy of which is attached, we addressed the issue of nonconforming protection of signs, using the matter of the Fantasia Building sign as an example. We had examined correspondence from the building owner in that case in which he raised the question that, due to the fact that the sign was in existence when the Bylaw in question was adopted, the sign was protected from removal unless its use was abandoned or not used for a period of two years or more. At our. meeting on October 22, 2012, we.discussed with Jean Delios the matter of previous attempts to secure compliance with the Bylaw through enforcement letters and a proposal to bring signage into compliance through a special permit program. Following that meeting, Jean provided us with copies of enforcement orders and letters which had been sent to property owners in 2010 and 2012. We have reviewed those documents and prepared an inventory of property locations and the dates and contents of the orders/letters which have been issued to date. A copy of that inventory is attached as well. For the benefit of the Board of Selectmen and their consideration of this matter on Tuesday night, I point out the following elements: The Bylaw, as it applies to nonconforming signs, was approved by the Attorney General's Office and, therefore, has a legal presumption of validity. e 16 Sa- l CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED COMMUNICATION l'cter I techenhlciWer, Town Manager December 13, 2012 Page 2 2. The burden to prove protection as a nonconforming sign rests with the property owner. 3. To date, it appears that no property owners have taken administrative appeals to the ZBA from the enforcement orders/letters which have, been issued in 2010 and 2012. 4. M.G.L. c. 40A, §6 provides a six (6) year statute of limitations for enforcement action for signage which has been erected with a building permit and a ten (10) year statute of limitations for signage which has been erected without a building permit. In evaluating the course of enforcement action to be taken, it will be necessary to review each property in question to determine the following: Does the sign/signage in question predate the adoption of the provisions of the Bylaw under which enforcement is to be sought? 2. If the sign is properly subject to zoning enforcement, what, if any, further outreach efforts should be undertaken to secure voluntary compliance? 3. If the property is subject to enforcement, without concern for nonconiCmning protection, should a new enforcement order be issued by the Building Inspector/Zoning Enforcement Officer? 4. If no appeals to the ZBA are taken from enforcement actions, what should be the method of court enforcement (i.e. civil injunctive relief [Superior Court], application fbr criminal complaint [District Court])? I will be prepared to address these issues with you and the Selectmen at Tuesday's meeting. Please call me if you have any questions in the interim. Very jruly yours, r GIry VSrac&kett GSB/dsh Enclosure cc: Jean Delios, Town Planner (via email) ~~2 17 INTEROFFICE MEMORANDUM TO: Gary FROM: Greg DATE: 10/1912012 RE: Reading- Fantasia Building Sign L am writing this memo in response to the questions that have been raised regarding the nonconformance of the Fantasia Building sign that was built in 1977 to the current Reading Zoning Bylaws. This question has been raised due to the fact that the Town of Reading had previously adopted a zoning bylaw, Section 6.2.2.3 concerning non- conforming signs, which required all signs to be removed or be in conformance by 2010. The Concept of Amortization The Reading Sign Bylaw (`Bylaw"), in place from 1993 through 2010, purported to create an amortization scheme, which required all signs to be removed or be in conformance by 2010. The concept behind such amortization schemes is that where the community has chosen to enact new zoning restrictions, the law should grant sufficient deference to such decisions as to provide for a scheme of gradual conformance. One method for achieving such goals is the implementation of amortization schemes, which attempt to circumvent the Takings Clause of S'h Amendment by allowing existing uses to continue until the user has had a reasonable opportunity to amortize his investment, such that the user has been afforded the opportunity to fully realize the value of the investment. However, regardless of the purpose behind such schemes, their inherent constitutionality is far from settled law in the United States with 16 states permitting various levels of land use amortization and seven states declaring such schemes to be unconstitutional or inconsistent with state law. Moreover, Massachusetts has yet to consider the legality of such schemes in light of the federal and state constitutions and G.L. 40A § 6. As such, it is difficult to predict whether the Bylaw would survive judicial scrutiny if challenged upon enforcement. Amortization and the Current Status of State Law Despite the lack of relevant state jurisprudence, there are some indicators we can look to in order to determine how the courts in Massachusetts are likely to examine amortization schemes. Principally, we can look to how Massachusetts has historically treated non- conforming protections provided under G.L. c. 40A, § 6. Non-conforming Structure and Else Protection -18 0 S°'3 G.L. c. 40A, § 6, generally provides that "a zoning by-law shall not apply to structures or uses lawfully in existence or lawfully begun..." but shall apply to any change or substantial extension of such use, including reconstruction, extension or structural change of such structure and to any alteration of a structure after the publication of notice of a hearing to consider the proposed by-law. The third paragraph of G.L. c. 40A, § 6 further provides that "A zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more." A review of the legislative history of the third paragraph, indicates that the first grant of legislative authority to towns to adopt zoning ordinances and by-laws extinguishing pre- existing uses occurred in 1933, in [then) G.L. c. 40, § 261, the second sentence of which provided that "[s]uch an ordinance or by-law may regulate non-use of non-conforming buildings and structures so as not to unduly prolong the life of non-conforming uses." That language persisted until the effective date of the present G.L. c. 40A, § 6 on July 1, 1978.' Subsequently, it became common for cities and towns to adopt ordinances and by-laws directed to the extinguishment of nonconforming uses which spoke in terms of "discontinuing" such a use for a stated period. In the first case before the SJC, it was concluded that "discontinued" was equivalent to "abandoned," the court concluding that "we think-that the discontinuance of a nonconforming use results from the concurrence of two factors, (t) the intent to abandon and (2) voluntary conduct, whether affirmative or negative, which carries the implication of abandonment.' This conclusion was readdressed in Bartlett v Board of Appeals of Lakeville, 23 Mass.App.Ct. 664 (1987), in which the Appeals Court reexamined the language contained in the third paragraph of G.L. c. 40A, § 6, which provides that "[a) zoning ordinance or by-law may define and regulate nonconforming uses and structures abandoned or not used for a period of two years or more." in doing so,. the court concluded that by this language the Legislature had for the first time provided express criteria which to be employed by towns for the extinguishing of nonconforming uses. Accordingly, the court indentified that the only criteria to extinguishing nonconforming uses were: (1) the already recognized principle of "abandonment", as recognized in Pioneer Home Insulation, and (2) the statutory provision of "not used for a period of two years or more." The court concluded that such language, taken on its face, was intended to authorize towns to extinguish otherwise protected nonconforming uses if particular premises are not in fact used for the protected purposes for a minimum of two years, without consideration of the intent of die owner.] Constitutional I" Amendment Protections 1 LaMontagne v. Kenney, 288 Mass. 363, 368, (1934). -'Planning Bd. of Reading v. Board of Appeals of Reading, 333 Mass. 657, 658-659 (1956). 3 Bartlett v. Board of Appeals of Lakeville, 23 Mass.App.Ct. 664 (1987). Pioneer Insulation 4, Modernizing Corp. v. Lynn, .331 Mass. 560, 565 (1954). s Bartlett, at. 666. 19 Oe S, -l That pre-existing nonconforming uses can only be extinguished by the two methods mentioned above, particularly in light of zoning ordinances or bylaws that purport to grant grace periods for compliance, is further supported by the conclusion of the 1" Circuit Court of Appeals in Ackerlep Communications of Mass., Inc. v, City of Cambridge, 88 F.3d 33 (1" Cir. 1996). Ackeriey was a billboard company maintaining signs in the City of Cambridge, all of which became nonconforming when Cambridge amended a zoning ordinance in 1991 to tighten the restrictions on the height, size, number and location of signs that may be displayed in the city. Specifically Article 7.000 of the Zoning Ordinances provided that four categories of nonconforming signs had to be removed within four years from the statute's enactment, or from the first date that the sign became nonconforming. In examining the legality of such an ordinance, the court noted that while G.L. c. 40A, § 6 mandates grandfather protection for all nonconforming uses, including signs, that are in existence at the time a zoning ordinance is enacted or amended, the statute excludes from such protection, billboards, signs and other advertising devices subject to the jurisdiction of the Massachusetts Outdoor Advertising Board (OAB). The OAB regulates so-called "offsite" signs. However, the court concluded that the combined effect of the local ordinance and G.L. c. 40A, § 6 resulted in the discriminatory granting of grandfather protection only to ` onsite" signs, the designation of which is based purely on the content carried on the signs. As such, the court determined that the Cambridge ordinance was unconstitutional as it violated 1" Amendment free speech protections, permitting some speech but not others based upon content. Attorney General Opinions Finally, the last source of potential information regarding how Massachusetts courts may interpret amortization provisions are opinions issued by the Attorney General in approving or rejecting potential bylaws or ordinances. As the Bylaw was approved by the Attorney General's Office prior to going into effect in 1993, it is presumed to pass constitutional muster. This presumption however is subject to legal challenge and represents only the opinion of the Attorney General's Office at that time. Approval of more recent bylaws and ordinances referencing the application of amortization to nonconforming uses indicates that, while the Attorney General's approval of such schemes are still being granted the presumption of constitutionality in light of the fact that the issue has yet to be decided by the courts, there are numerous areas where such schemes may conflict with G.L. c. 40A, § 6. In particular, in 2002 Brookline attempted to recodify its zoning bylaws and added a clause concerning amortization to Section 8.02 concerning "Nonconformance." Section 8.02 (1)(0) stated "No change shall be pennitted which tends to lengthen the economic " An onsite sign carries a message that bears some relationship to the activities conducted on the premises where the sign is located, i.e. identifying a business or agency or advertising a product or service available at that location. An offsite sign carries a message unrelated to its particular location. These signs also may display either connnercial or noncommercial messages. Cin Somerville, 878 F.2d at 513 (1989). 20 life of the nonconformity longer than a period reasonable for such amortization to the initial investment as to make possible the elimination of the nonconformity without undue hardship." However, in approving the text, the Attorney General cited Baron Chevrolet v. Danvers and Berliner v. Feldman, stressing that "changes that increase efficiency or modernize a use do not necessarily result in the loss of Section 6 protections," and cautioned the town to apply the nonconformance section of its bylaw.in accordance with the recognized protections of G.L. c. 40A, § 6.7 This warning would thus seemingly contravene any application of an amortization schedule as the entire effect of such schedules is to completely eliminate nonconforming protections after a certain number of years sufficient for the owner to fully realize the cost of his investment (for it to fully depreciate). Conclusion If the Fantasia Building sign qualifies as an "onsite" sign, then it is likely that it retains its grandfather protection as a pre-existing nonconforming use under G.L. c. 40A, § 6. As described above, the only means recognized by Massachusetts courts at this time to remove such protection is via one of the two methods identified in Bartlett, either (l) by "abandonment", as recognized in Pioneer Home Insulation, or (2) by the statutory provision of "not used for a. period of two years or more." This conclusion is supported by the 1" Circuit's decision in Ackerly, recognizing that onsite signs are protected under the provisions of G.L. c. 40A, § 6 despite the fact that the Cambridge ordinance granted a 4 year grace/amortization period for compliance. Finally this conclusion is also supported by recent Attorney General opinions noting that amortization clauses must be applied in accordance with nonconforming protections granted under state law. Despite this, the Bylaw was approved and there is a presumption of legality. It is entirely within the Town's right to attempt to enforce the provisions of its bylaws. In making a decision, the Town must weigh the likelihood that enforcement will be challenged and the costs associated with litigating the matter. The Town should also note that under G.L. c. 40A there is a six year statute of limitations for zoning enforcement. As such, any attempt to enforce Section 6.2.2.3 of the former Bylaw would necessitate an identification of those signs that purportedly lost their grandfathered protection within the last six years. A« oroey General Opinion. Case k 2173, May 28, 2002. 21 0 S~- Address 70 Walkers Brook Drive 9 Chapin Ave Building Inspector/ZEO Town Manager Town Manager 2010 Jun-12 Oct-12 32 Lincoln St. 24 Walkers Brook Drive ( x / July free standing sign illumination x / non-compliant x / free-standing sign special permit needed x / non-compliant x /window sign illumination, A frame sign special permit needed x / non-compliant Ix / window size area Ix / compliant 35 Lincoln St. x / too many wall signs x / non-compliant. x / background not opaque 48 Walkers Brook Drive x / non-compliant 75 Haven St. Ix /window sign location (x / compliant x / free-standing sign 162 Main St. background not opaque & x / non-compliant x/ background not x /free-standing sign 212-214 Main St. (3 opaque / number wall background not opaque & businesses) signs / window sign area windows x / non-compliant x / free-standing sign 216 Main St. background not opaque & x / non-compliant 273 Salem St. I Ix / window sign area x / non-compliant 287 Lowell St. Ix / wall sign location x / non-compliant x / free standing special 288 Grove St. permit x / non-compliant x / illuminated window signs 648' Main St. x / non-compliant x / illuminated window signs x / size complaince verification 672 Main St. 749 Main St. ( (x / wall sign removal Ix / non-compliant 1321 Main St. ~x / window signs (x / non-compliant x / freestanding sign background, setback, area, 1331 Main St. height x / non-compliant 454 Main St. ( Ix / window sign area Ix / non-compliant S05 Main St. I Ix / window sign area Ix / non-compliant 1580 Main St. Ix /window sign flashing Ix/compliant 591 Main St. Ix /window sign location Ix / non-compliant x / window sign size/location x / non-compliant 607 Main St. S83 Main St. I Ix/ too many awnings Ix / compliant 454 Main St. I Ix/ window sign size i 22 t 9 sa. 7 413 Main St. Too many wall and free standing signs / not - opaque / window sign 357-367 Main St. coverage and lettering 323 Main St. J 126 Main St. J 42 High St. i 1337 Main St. 250 Main St. JDefunct Sign Removal Defunct Sign Removal / 258 Main St. real estate 670 Main St. JWindow sign area 612 Main St. Defunct Sign Removal J Window sign area / free standing sign number and 110 Main St. (3 businesses) opaque Permanent Banner/ window sign area / number of free-standing signs / setback 95 Main St. 83 Main St. 117 Main St. 150 Main St. too many wall/free signs too many wall/free signs / window sign area / flag Window sign area / free standing sign opaque window sign area / number of free standing 164 Main St. signs window sign area /free standing sign setback 163 Main St. window sign area / number of free standing 172 Main St. signs / opaque wall/free standing sign / window sign area / sign 228 Main St. not opaque x / banner/window sign size/ lawn signs x / window sign size/number/opaque Ix / window sign location (x / wall sign number Ix / window sign location x / wall sign number / free standing sign setback / A- fram sign permit 23 x / non-compliant x / non-compliant Jx/ non-compliant Ix / non-compliant Ix / non-compliant x / non-compliant J V free standing sign setback 262 Main St. 274 Main St. window sign location Window Sign dimensions and lettering / two wall signs/ wall sign dimensions 288 Main St. free standing sign setback 294 Main St. free standing sign setback 346-348 Main St. / not opaque free standing sign setback 360 Main St. / not opaque Too many wall and free 369 Main St. standing signs 374 Main St. knot opaque 24 ~3 Introduction The Town of Reading's Housing Plan was approved on January 3, 2007 in accordance with the Massachusetts Department of Housing and Community Development ("DHCD") requirements under 760 CMR 31.07, Planned Production. Reading's 2007 Affordable Housing Plan expired after a 5-year term and as such, the Town of Reading has developed a new HPP In accordance with 760 CMR 56.03(4). The Town of Reading, Community Services Department, began the process of updating the Housing Plan in early 2012. Local housing plans, including updates, are subject to approval by DHCD. DHCD regulates Housing Production Plans ("HPP") under 760 CMR 56.00, promulgated on February 22, 2008. HPP's must now be designed to create strategies to meet affordable housing needs that are consistent with Chapter 40B requirements. In order for the HPP to qualify for approval from DHCD, the plan must be comprised ofthree components: (1) Comprehensive Needs Assessment; (2) Affordable Housing Goals; and (3) Implementation Strategies. L11 Comorehensive Needs Assessment -an evaluation of a community's demographics, housing stock, population trends, and housing needs. The assessment will include a review of the development capacity, as well as constraints, to ensure that current and future needs can be met. j~ Affordable Housine Goals - defined housing goals consistent with both community character and the local housing market. This section will identify strategies that can be used to produce the required number of annual housing units needed to obtain certification from DHCD. The regulations allow communities to secure a one year or two year certification If stated minimum production requirements can be met. To qualify for an annual certification affordable housing production must meet a minimum of 0.5% of year-round units. For a two year certification, affordable housing production must be equal to at least 1.0% of year-round units. M Imolementation Strategies - targeted areas for future development that will enable a community to reach the affordable housing goals. This may Include identifying sites for development or redevelopment, investigating re-zoning options to encourage the production ofaffordable housing units, and establishing other tools such as regional collaborations that can foster the development of affordable housing. Upon DHCD approval, a HPP is valid for five years. Even if a community does not reach its 10% under MGL Ch. 40B, R may be eligible to receive certification from DHCD (either one year or two year). Upon certification, The Zoning Board of Appeals (ZBA) may deny a Comprehensive Permit application. ZBA denial of a Comprehensive Permit is not subject to further action by the Housing Appeals Committee (HAC), and may not be overturned. Town of Reading Housing Plan, Update 2012# Page 4 31 ~b-i Executive Summary The Town of Reading continues to be a desirable place to live and work. It is characterized by a traditional New England center, surrounded by family-oriented neighborhoods. It has evolved over time from largely an outlying community with a strong agricultural presence to a modern residential suburb just north of Boston. •etn.•rw+w'o wlWf.O+ Reading's proximity to Boston has added to its attractiveness. The Town has worked to manage „ housing development and growth through thoughtful and well planned development that , o complements Its historic and rural traditions. The HPP identifies tools for Reading to use that will 1 encourage the development of affordable housing while maintaining the distinct town character. A. Summary of Demographic and Housing Characteristics and Trends The following summarizes the notable findings from the needs assessment (U.S. Census, 2010): Population - Growth has not substantially increased in the past 20 years. Current projections indicate that the population will continue a slow Increase through 2030. Projections show more households; but smaller sized households. Reading is primarily comprised of family households. • Reading's population in 2010 was 24,747, an increase of 4.4% from 2000. This is comparable to the 5% increase from 1990 to 2000. • In 2010 Reading experienced a 7% increase to total households from the previous decade. In 2000 there were 8,688 households in Reading, an Increase of 10% from 1990. Approximately 72% of households were family households; 34% were family households with children under 18. • The largest age group in Reading in 2010 was residents aged 35-59 (39%), followed by the child-aged cohorts (age 0-9, age 10-19). However, the group comprising the elderly population (age 60+) increased by 15% in 2010 and Is expected to grow by 57% from 2010 to 2030. • The majority of Reading Residents are white (93.5%). Town of Reading Housing Plan, Update 2012# Page 5 32 0 Income - Reading has a higher than average median household income, which exceeds that of the region and the country. Reading's 2010 median household and family income was the highest among all of the. neighboring communities, and exceeded the median Income for both the Boston Metro Region and for median income in the US. In Reading, over the last decade there was an increase of 135% of households earning $200,000 or more. • Approximately 44% of households in Reading earned less than $50,000. Assuming a 3 person-household, this would mean these households earn less than the area median Income of $58,000 enabling them to qualify for some form of subsidized housing. Housing Stock, Sales and Prices - Predominantly single family, owner occupied with strong market values. • The latest census data show that the total number of housing units increased slightly by 4.5% in the past five years. Likewise, the housing stock continues to be dominated by single-family homes; 75% of all housing units were single-family homes. • Reading experienced a decrease in owner-occupied and an increase In rental-occupied housing in 2010. Approximately 78% of all housing units were owner-occupied and 22% were renter occupied (17.5% In 2000 were renter-occupied). This Increase In renter- occupied housing could be associated with increase in multi-unit structures as structures containing 20 or more units increased from 6.8% in 2000 to 9.3% 2010. Another reason may be a result of the latest economic recession. • In 2006, Reading experienced a total of 241 sales for single-family homes. This number has since decreased and in 2010 only 193 sales were documented. • The median sales price of a single-family home in 2006 was $420,000 and decreased to $400,000 in 2009. However, Reading has seen some recovery and prices in 2010 were Just slightly above prices experienced in 2006 at $422,000. Condo sales and prices experienced similar trends. • In 2010, approximately 38.3% of households with a mortgage and 23.7% of 'households without a mortgage were paying more than 30% or more of their annual household income on housing related costs. These households are considered to be moderately burdened by their housing costs. • Renters experienced similar housing cost burden. In 2010, approximately 39% of households paid 30% or more of their annual household Income on housing related costs and were considered moderately burdened by these costs. B: Goals for Affordable Housing Production The following goals were developed by the Town of Reading, based on the findings from the Needs Assessment: Town of Reading Housing Plan, Update 2012# Page 6 33 I (v S,8° Reading has identified six housing goals that are the most appropriate and most realistic for the community. These goals were developed by reviewing previous studies and documents including the Reading Housing Production Plan of 2006, analyzing the current housing situation in Reading, and through public input from town citizens and officials. The goals are as follows: 1. Reach the 30% affordable housine eoal while also focusing on the specific housing needs of Reading residents. 2. Preserve existing affordable housing to ensure thev remain affordable and oualifv for listing on the subsidized housing inventorv. 3. Integrate affordable housine into the rommunity while preserving the ouali and character of existing residential neighborhoods. 4. Revise and update the existine Affordable Housing Trust Fund as a means to fund affordable housing develooment and activities. 5. Create a mechanism for outreach to owners of affordable housing to ensure maintenance and uokeeo 6. Educate the oublicon affordable housing Issues and strengthen relationships with other local entities and regional oartners on the tooic. CUmmart IW31i: D" M W-W" from tla croc. Q Summary of Housing Production Strategies The Town of Reading has developed strategies for meeting the affordable housing production goals. These goals were developed through the evaluation of the 2007 Housing Plan, the development of the Needs Assessment, examining local housing goals, and studying the responses from the Housing Plan Survey. The following is an outline of strategies. For a full description of,the strategies, see Section 3. Expand Housing Opportunities Issue: Based on the information contained in the 2007 Reading Housing Production Plan, other town documents Including the Reading Master Plan, a survey of town residents, discussions with town officials and the analysis of housing needs that was conducted as part of this plan, the goal of expanding housing opportunities to ensure a continuing diverse housing stock while also providing additional affordable units was Identified as a goal of the town. Strategies/Actions: Town of Reading Housing Plan, Update 2012# Page 7 34 U-7 ,5`4 7 1. Conduct a review of the existing Reading Affordable Housing Trust. 2. Seek contributions to the Affordable Housing Trust. 3. Use the Affordable Housing Trust Fund to create a loans/grant program for housing rehabilitation activities. 4. Amend the existing 408 permit to allow the construction of additional units at Peter Sanborn Place. 4. Identify opportunities to acquire tax title or foreclosed properties. 5. Acquire the rights of first refusal on housing units In order to place an affordability restriction on such units prior to resale. 6. Manage on-going inventory of group homes and identify potential future group home plans In Reading. . 7. Assist elder Reading residents in remaining in their own homes. 8. Encourage infili development with mixed housing in appropriate locations. 9. Identify potential unused or underutilized residential, commercial and/or industrial properties for housing development.. 30. Identify surplus non-town public properties for affordable housing potential. 11. Identify opportunities for the town to partner with the First Time Homebuyers program 12. Partner with the Reading Housing Authority in seeking potential housing units. Regulatory & Zoning Changes Issue: While Reading has made numerous updates and changes to Its zoning bylaw over the years, a comprehensive review of that bylaw as well as other regulations is a logical goal after adoption of the Housing Production Plan. Such regulations can inadvertently become an impediment to providing housing opportunities. A thorough review with the objective of discovering and changing any regulations that are seen as impediments can be a significant improvement toward creating opportunities for successful affordable housing creation Strategies/Actions: 1. Conduct a thorough review of zoning and other land use regulations. 2. Adopt a cluster bylaw, or similar, zoning provisions, to encourage affordable units. 3. Amend and update the Comprehensive Permit (408 and LIP) policies and guidelines of the Board of Selectmen and Zoning Board of Appeals. 4. Ensure the preservation of•the character of Readings existing residential neighborhoods 5. Create Incentives and guidelines for new housing development as part of the State's and Reading's Climate Actions Plans. 6. Identify Incentives for new development in appropriate locations. 7. Expand the current 40R district to include additional appropriate locations in town. Town of Reading Housing Plan, Update 2012# Page 8 35 Sa8 Capacity Building & Education Issue: As part of a comprehensive approach to creating affordable housing in Reading it is necessary that the local community, including public officials and citizens, be informed regarding these Issues. Providing regular occasions whereby the town can meet to be informed regarding housing issues, information and recent activities, as well as being able to identify and discuss future strategies and goals can build support for the strategies identified in the others categories. Strategies: 1. Conduct housing forums every two years. 2. Inform town officials of the goals and objectives of the 2012 Housing Production Plan. 3. Research and access housing resources at the federal, state, regional, local and non- profit level. 4. Create a monitoring mechanism to use in tracking affordable housing. 5. Create a benchmarking system to regularly review housing progress. Local & Regional Collaborations issue: The housing issues that affect Reading are not found solely within the town borders. The potential resources available to assist in addressing housing needs are also not found solely within its borders. Reading, as well as surrounding cities and towns and regional organizations and non-profits devoted to housing issues, should look to strengthening their coordination and cooperation. Within the community, there may be as yet unidentified potential partners in addressing housing needs, such as the religious community or others. Strategies: 1. Establish the Reading Planning Division as the point of contact on housing Issues. 2. Work With MAPC to identify housing data for use by the town. 3. Use the current District Local Technical Assistance (DLTA) grant to identify the appropriate mechanisms to provide regional housing services. 4. Initiate a dialogue with the religious-community to identify housing Issues. 5. Establish a dialogue with entities such as EMARC and Habitat for Humanity. D: Next Steps for the Housing Production Plan A Public Meeting will be held with the Board of Selectmen to solicit Input from residents of Reading. The plan will then be amended (as needed) and submitted for adoption to the Community Planning and Development Commission at a Public Hearing. The final Housing Plan will then be submitted to the Department of Housing and Community Development for final approval. Town of Reading Housing Plan, Update 2012# Page 9 36 nq Table of Contents Section 1 Plan Summary ................................................................................................4 Section 2 Introduction 5 A. Statement of Purpose 5 B. Planning Process and Public Participation 5 C. Accomplishments ...6 D. Plan Authors 8 Section 3 Community Setting..~ 9 A.. Regional Context 9 B. History of the Community 9 C. , Population Characteristics .10 D. Growth and Development Patterns .11 Section 4 Environmental Inventory and Analysis .17 A. Geology. Soils and Topography .17 B. Landscape Character .17 C. Water Resources 19 D. Vegetation 20 E. Fisheries and Wildlife 22 F. Scenic Resources and Unique Environments 22 G. Environmental Problems 23 Section 5 Inventory of Lands of Conservation and Recreation Interest 25 A. Description of Process 27 B. Statement of Open Space and Recreation Goals 28 C. Consistency with the 2005 Master Plan 29 Section 7 Analysis of Needs 30 A. Summary of Resource Protection Needs 30 B. Summary of Community's Needs 31 C. Management Needs, Potential Change of Use 38 Section 8 Goals and Objectives 41 Section 9 Five-Year Action Plan - 2013-2017 44 Section 10 Comments 50 Section 11 References 50 12/13/12 Draft 2 ' 104 ~b g'riZ Section 8 Goals and Objectives The goals and objectives detailed below were derived from the Survey on Open Space and Recreation in the Town of Reading 2012, from the town's previous Open Space and Recreation Plans, from the public meeting held in October 2012, and from the many reviewers of the draft version of this plan. Five open space and recreation goals have been identified. These goals are discussed below. Objectives, or concrete ideas for accomplishing each goal, are listed under each. 1. Maintain and enhance existing open space for passive recreation Reading has a significant amount of open space with trails suitable for walking, running, cross-country skiing, and snowshoeing. Interest is strong, but funding is limited and residents complain that they don't know where the trails are or that there is insufficient parking and poor trail conditions once they get there. Maintaining and enhancing our existing open spaces is the most cost effective way to meet residents' needs. Objectives: A. Publicize existing trail systems. B. Maintain and improve trails, trail structures, signage, and parking at conservation areas. Create new trails where possible. C. Continue development of the Ipswich River Greenway. D. Seek funding for maintenance and improvement. E. Equitably distribute open space opportunities in all parts of Town and provide access to people of all abilities. 2. Maintain and enhance existing recreation facilities and programs Reading has an extensive inventory of fields, playgrounds and facilities for the use of the public. Many areas have been renovated recently by way of playground restoration, reestablishment of field limits or replacement of key field components. This has been done mostly in accordance with master plans that have previously been developed and accepted by the Town's Board of Selectmen. To continue to enhance these facilities, money will need to be set aside. This should be looked at during the capital improvements process and areas should be prioritized. Objectives: A. Focus on development of holistic master plans for each park. B. Prioritize items on the master plans to reflect the town's needs during the capital planning process. C. Watch trends in the recreation industry for new innovative ways to enhance our facilities. 12/13/12 Draft 41 153 Zt s" D. Equitably distribute recreation opportunities in all parts of Town and provide access to people of all abilities. 3. Make Reading pedestrian and bicycle friendly, improve connections, encourage climate protection and personal health Open space and recreation facilities are resources bring residents together and create a sense of community. One way to strengthen the community is to develop viable connections between these open space areas, recreation areas and the surrounding neighborhoods. Establishing these connections through pedestrian and bicycle facilities will improve the town neighborhood network, encourage healthy living and reduce the reliance of automobile usage. Objectives: A. Develop walking and biking tails between open space and recreation areas. B. Improve and encourage walking and biking to school. C. Delineate bike lanes through the painting of lanes or implementing roadway "sharrows". D. Provide legal rights of way between neighborhoods to and from new subdivisions and commercial development/redevelopment adjacent to public land. E. Work with adjacent communities to improve pedestrian and bicycle connections to public spaces and to commuter rail. F. Encourage use of open space resources for health. 4. Protect open space for wildlife habitat and watershed protection The natural environment plays an important role in defining the character and identity of Reading. Open space protects habitat for plants and animals and protects our rivers and streams. It also provides corridors for wildlife, buffers between neighborhoods, and reduces flooding. Objectives: A. Actively manage conservation areas. ' B. Educate the public on habitat and watershed issues. C. Monitor environmental threats imposed by development within and outside of Reading. D. Conserve water and manage stormwater. E. Acquire additional open space for wildlife habitat, wetlands protection, and aquifer protection. 12/13/12 Draft 42 /Gv 154 ~i S 5. Preserve the character of the town Reading residents mourn the loss of open space whether it is lands they once hiked or vistas that no longer exist. Open fields, pine woods, stone walls, and country lanes are fondly remembered. The town strives for the look and atmosphere of a New England village even as its residents enjoy the amenities of suburban living. Acquiring privately held land to maintain as open space is one strategy towards preserving the look of the town. Enhancing opportunities for families and individuals to interact is a strategy for preserving the family-friendly character of the town. Objectives: A. Designate more scenic roads. B. Use Smart Growth tools to shape new development. C. Use subdivision control ordinances to retain landscape features such as stone walls. D. Develop pocket parks. E.' Build community connectedness into new and existing facilities. 6. Develop a strong financial plan and seek new sources for funding Reading will need to be mindful of the open space and recreation plan as budgets are developed for the future. A financial plan is critical to converting opportunity into success. A. Search and apply for self-help grants. B. Develop priorities for items in the plan and place them on the capital improvements budget and review annually. C. Seek funding for projects through private benefactors; interest groups and fund raising. D. Continue to look at models such as the Community Preservation Act to provide a regular funding source for open space and recreation development. 12/13/12 Draft 43 23 S~s3 155 Section 9 Five-Year Action Plan - 2013-2017 The Five-Year Action Plan detailed below lists the goals, objectives, and actions proposed by the Town of Reading. The Open Space & Recreation Action Plan map shows current protected and unprotected open space as well as "Land of Concern". Land of concern includes Town-owned lands proposed for sale or redevelopment, and Chapter 61 or other state and private properties mentioned in this report that the Town might be interested in acquiring. It also includes privately owned areas shown in Map 8: Habitat & Watersheds as important habitat.18 Several areas are also included that include habitat, wildlife, or potential trail corridors contiguous to Town-owned land. Most of the lands of concern are not specifically mentioned in this plan, nor are they on any list of desired acquisitions. Rather they are areas that the Town should be vigilant in watching should they come up for sale, development, or redevelopment. Abbreviations for Boards, Committees and Commissions: BOS = Board of Selectmen and its staffAiaison CC = Conservation Commission and its staffAiaison CPDC = Community Planning & Development Commission and its staff/liaison DPW = Department of Public Works FC = Finance Committee RC = Recreation Committee and its staffAiaison HC = Historical Commission and its staffAiaison DPW = Department of Public Works and its staffAiaison HA = Housing Authority and its staffiliaison TC = Trails Committee and its staffAiaison TF = Town Forest Committee and its staffAiaison TM = Town Meeting SD = School Department SC = School Committee Goal 1: Maintain and enhance existing open space for passive recreation Objectives Actions I Publicize existing trail systems. Maintain and improve trails, trail structures, signage, Update Town website Write articles for town newsletters & local papers Conduct regular trail When/Who/Funding Quarterly/TC, CC, TF Quarterly/TC, CC, TF Quarterly / TC, TF, trail " These areas include NHESP certified vernal pools, Priority and Estimated Habitat, BioMap Core Habitat, and BioMap Supporting Natural Landscapes. 12/13/12 Draft 44 SC- 156 y and parking at conservation maintenance areas. adopters Seek individuals or groups Ongoing / TC, CC, TF, trail to do one-time projects. adopters, Scouts. Funding source: Scouts raise own funds; local businesses. Create new trails. Seek individuals or groups Ongoing / TC, CC, TF, trail to do one-time projects adopters, Scouts. Funding source: Scouts raise own funds; local businesses. Continue development of Seek grants to build Ongoing / TC, CC. Funding Ipswich River Greenway. boardwalk source: state and private grants. Acquire private parcel Ongoing / CC. Funding: between Marion Woods LAND grant or private and Rt 28. grant. Explore ways to cross . Ongoing / DPW. Discuss Route 28 safely. with Mass Highway. Address use conflicts in Meet with user groups, Ongoing / TF Town Forest formulate & post rules Improve Town Forest Explore alternatives, Year 2 / BOS, DPW, TF. parking improve roads and/or Funding: Town funds parking areas Seek funding for Budget for trail creation & Annually / FC, BOS, TM maintenance and maintenance. Funding source: Town improvement. budget Apply for grants. Annually/ CC, TC, TF. Funding source: various Equitably distribute open Prioritize new trails in Ongoing / TC, CC space opportunities in all lesser-served parts of town parts of Town and provide and near apartment access to people of all complexes 12/13/12 Draft 45 157 abilities. Develop "West Side Trail" linking Longwood Cons. Area, Johnson Woods, Boyd Lot, & Xavier Cons Area Ensure that trail structures meet ADA standards Year 2 / TC, CC. Funding: ROLT, Johnson Woods developer? As needed / TC, TF,,Scouts 2. Maintain and enhance existing recreation facilities and programs. Objectives Actions When/Who/Funding Focus on development of holistic master plans for each park. Develop committees for each park, advertise Annually/ BOS, RC, CPDC Prioritize items on the master plans to reflect the town's needs during the capital planning process. Watch trends in the recreation industry for new innovative way$ to enhance our facilities. Equitably distribute recreation opportunities in all parts of Town and provide access to people of all abilities. Assign costs to components of the plan, meet with finance committee to discuss needs of open space plan Annually/ CC, FC, TC Read industry periodicals, As available RC, DPW, TC, attend conferences TF, CC Develop needs assessment for active and non-active groups. As needed RC, CC 3. Make Reading pedestrian and bicycle friendly, improve connections, encourage climate protection and personal health Objectives Actions When/Who/Funding 12/13/12 Draft 46 S~ S b 158 Develop walking and biking Review filings, solicit public Annually, CC, BOS tails between open space input, submit for grants, and recreation areas. contact property owners. Improve and encourage walking and biking to school. Solicit public input; publish walking/biking routes to schools; public outreach. Annually, RC, BOS Delineate bike lanes on roadways through the use of lane painting or implementing "sharrows° Work with adjacent communities to improve pedestrian and bicycle connections to public spaces and to commuter rail. Work with DPW and BOS during roadway planning. Investigate opportunities during roadway resurfacing / reconstruction projects. Develop liaisons and collaborate; work with regional planning organization Annually, DPW, BOS Annually, CC, BOS Encourage use of open Work with Health Annually, RC, HD, SD space resources for healthy Department and school living. department on outreach. 4. Protect open space for wildlife habitat and watershed protection Objectives Actions WhenNVho/Funding Actively manage conservation areas. Educate the public on habitat and watershed issues. Monitor environmental threats imposed by development within and outside of Reading. Protect habitat surrounding Town Compost and "tree 12/13/12 Draft Prepare management Ongoing / CC plans Write articles for local Quarterly / CC papers Attend Development As needed / Conservation Review Team meetings Agent Establish & permanently Year 1 / DPW, CC, BOS mark boundary of use 47 159 nursery" Conserve water and manage stormwater. Permanently protect tax title parcels with habitat or open space value Acquire additional open space for wildlife habitat, wetlands protection, and aquifer protection. areas Clarify allowed uses of, e.g asphalt dumping? Year 1 / DPW, BOS Establish runoff cpntrols Continue the town's water conservation and stormwater management programs. Evaluate tax title parcels, transfer Conservation Seek grants and gifts of land . Year 1 / CC Ongoing / DPW Year1 /CC, BOS Ongoing / BOS, CC. Funding: state & private grants, Town funds?, CPA? 5, Preserve the Character of the Town Objectives Designate more scenic roads. Actions WhenMho/Funding Use Smart Growth Tools to shape new development. Use subdivision control ordinances to retain landscape features such as stone walls. Develop Pocket Parks 12/13/12 Draft Work with town citizens and Annually, CPDC the CPDC. . Encourage development within existing smart growth districts. Support amendments/expansion of smart growth districts in the future. On going, CPDC, Planning Division. Review plans; comment at public hearings. As filed, CPDC Appoint study group; Annually, BOS, DPW, CC, identify locations, evaluate RC 48 (9 sGsB' 160 funding. Build community connectedness into new and existing facilities. Ensure facilities are safe and welcoming for all users. Provide benches, water fountains, and shade trees to encourage use. On going. RC, DPW 6. Develop a strong financial plan and seek new sources for funding Objectives Actions WhenWho/Funding Search and apply for self- Search internet and Annually/RC, CC, BOS help grants. Mass.gov site for grant info; submit grants Develop priorities for items in the plan and place-them on the capital improvements budget and review annually. Seek funding for projects through private benefactors, interest groups and fund raising. List items in plan on Annually/RC, CC, FC spreadsheet; Rec Committee and Cons Comm review; Request time on Fin Com. agenda Publicly acknowledge the On going/RC, CC needs of the plan; identify key players and gamer support; solicitation letters Continue to look at models Educate the citizens As available/RC, CC, such as the Community Town Meeting and CPDC, BOS Preservation Act to provide referendum a regular funding source for open space and recreation development. 12113/12 Draft 49 161 0-7-q INTER-MUNICIPAL AGREEMENT AMONG THE CITY OF MELROSE. THE TOWN OF WAKEFIELD AND THE TOWN OF SAUGUS AND THE TOWN OF READING DIRECTOR OF THE VETERANS' SERVICES DEPARTMENT THIS AGREEMENT dated as of this day of , 2012 ("Agreement") by and between the Town of Saugus, a Massachusetts municipal corporation having a usual place of business at Town Hall, 298 Central Street, Saugus, MA 01906 acting by and through its Board of Selectmen ("Saugus"); the Town of Wakefield, a Massachusetts municipal corporation having a usual place of business at Town Hall, 11 Lafayette Street, Wakefield, MA 01880 acting by and through its Board of Selectmen ("Wakefield"); the Town o Reading, a Massachusetts municipal corporation having a usual place of business at Town Hall, 16 Lowell Street, Reading MA 01867 acting by and through its Board of Selectmen ("Reading"); and the City of Melrose, a Massachusetts municipal corporation having a usual place of business at 562 Main Street, Melrose, MA 02176, acting by and through its Mayor, the Honorable Robert J. Dolan, with the approval of its Board of Aldermen ("Melrose") WITNESSETH THAT: WHEREAS, Saugus, Wakefield, Reading and Melrose desire to share the benefits and costs associated with a Veterans' Services District; and WHEREAS, each of the parties has obtained authority to enter into this Agreement pursuant to G.L. c. 40, § 4A; NOW, THEREFORE, in consideration of the premises set forth above and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree under seal as follows: 1. Veterans' Services District. During the Term of this Agreement, as defined below, Saugus, Wakefield, Reading and Melrose shall assume their respective shares of the costs associated with a Veterans' Services District ("District"). Specifically, the parties shall share the services of a Veterans' Services District Director ("District Director") and the District Veterans' Services Officer ("District VSO"). Attached hereto and incorporated herein by reference as ADDendices A-E. inclusive, are documents describing the anticipated structure of the District. 2. Term. The term of this Agreement (the "Term") shall commence on the date of execution hereof, and shall expire on June 30, 2014, unless earlier terminated as set forth herein. On or before May I" of each year during the Term, the parties shall review their contractual relationship, the terms of which are set forth herein, to ensure that this Agreement continues to satisfy the needs and objectives of each community.' 3. Identitv of District Director and District VSO. , eonsultation with Saugus, Wakefield, and Reading. -The parties shall share the services and costs of the incumbent District Director, Ryan M. McLane, MPA, and the incumbent District VSO, Andrew DelRossi Biggio. Any successor to either the District Director or District VSO shall be hired through the standard personnel practice of Melrose in consultation with Saugus, Wakefield, 1 167 3,61 CV and Reading. 4. Compensation. Melrose shall pay the salary and benefits of the District Director and the District VSO. Saugus, Wakefield, and Reading shall each contribute their respective one-quarter (1/4) shares of the associated costs for these positions by paying to Melrose a variable sum, as required by the terms and conditions of this Agreement, per fiscal quarter during the Term, each payment to be due and payable within fifteen (15) days after the commencement of such fiscal quarter i.e. after 7/1, 10/1, 1/1 and 4/1). Melrose shall adjust the compensation it pays said positions as it may be required to do in accordance with any collective bargaining agreements and standard personnel practices which impact upon the District staff, both managerial and labor, and shall give prompt written notice to Saugus, Wakefield and Reading of any such adjustment. Saugus, Wakefield and Reading shall adjust their quarterly payments accordingly. In the event that any collective bargaining agreement requires Melrose to make a lump sum payment to either of the aforesaid positions reflecting a retroactive salary increase during the Term, Melrose shall promptly give written notice thereof to Saugus, Wakefield and Reading and each of Saugus, Wakefield and Reading shall, within sixty (60) days thereafter, pay Melrose one-quarter (1/4) such amount to the extent that the retroactive pay period includes any part of the Term hereof. For Fiscal Year 2013, the payments to be made by Saugus, Wakefield and Reading to Melrose shall be in accordance with ARpendix A attached hereto. In connection with this Agreement, Melrose, Saugus, Wakefield and Reading shall each separately employ an individual for the position of Veterans' Assistant who shall be employed to perform veterans-related services in their respective communities. Said Veterans' Assistant shall be required to work a minimum of eighteen (18) hours in the employing community's veterans' services office on a weekly basis. The costs and benefits associated with employing this Veterans' Assistant shall be the sole responsibility of the community employing said individual. 5. Other Collective Bargaining Agreement Benefits. Melrose shall provide the District Director and the District VSO with all benefits to which they are entitled under applicable collective bargaining agreements and standard personnel practices. Bo4h All parties agree to allow the District Director and the District VSO to enjoy such vacation, sick days, personal days and other leave as they may be entitled to receive under such agreements and standard personnel practices of Melrose. No party shall make any demand on the District Director or the District VSO, or take any action with respect to the District Director or the District VSO that is in violation of their, rights under such agreements, practices or applicable legislation. 6. Retirement and Workers' Compensation Benefits. The District Director and the District VSO will be members of the Melrose Contributory Retirement System. Upon retirement, Saugus, Wakefield and Reading will be assessed a share of the cost of pension plans reflecting any concurrent time the District Director or the District VSO spent working for Saugus, Wakefield and Reading Sates hereunder pursuant to applicable Massachusetts General Laws. At the end of each fiscal year during the Term, Saugus, Wakefield and Reading shall reimburse Melrose for its workers' compensation costs associated with the employment of the District Director and the District VSO, such reimbursement to be equal to the product of Saugus's, Wakefield's and Reading's contribution to the salaries for said positions during such year multiplied by the rate paid by Melrose for workers' compensation insurance for the District Director or District VSO for such year. Saugus, Wakefield and Reading shall also reimburse Melrose for its health insurance, life insurance, and Medicare costs associated with the District Director and the District VSO, said reimbursement to be equal to the proportion of Saugus, Wakefield and Reading contribution to the total compensation package of the District Director and the District VSO. 7. Duties. The District Director shall perform his duties as required by the respective local laws and regulations of Melrose, Saugus, Wakefield and Reading. The District Director and the District VSO shall 2 168 (Di 5e 2, work primarily in the office spaces provided by Melrose, Saugus, Wakefield and Reading and shall maintain regular, public-office hours in Saugus, Wakefield, Reading and Melrose, such office hours to be mutually agreed upon by the parties. 9. Indemnification. Melrose shall hold Saugus, Wakefield and Reading harmless from any and all claims related to employment or employee benefits, collectively bargained or otherwise, made by the District Director prior to the commencement of the Term of this Agreement. Saugus shall indemnify and hold harmless Melrose, Wakefield and Reading and each and all of their officials, officers, employees, agents, servants and representatives from and against any claim arising from or in connection with the performance by the District Director or the District VSO of their duties in or for Saugus including, without limitation, any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission or intentional misconduct by the District Director or the District VSO while in or performing services for Saugus. Similarly, Melrose shall indemnify and hold harmless Saugus, Wakefield and Reading and each and all of their officials, officers, employees, agents, servants and representatives from and against any claim arising from or in connection with the performance by the District Director or the District VSO of their duties in or for Melrose, including without limitation, any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission or intentional misconduct by the District Director or District VSO while in or performing services for Melrose. Similarly, Wakefield shall indemnify and hold harmless Saugus, Melrose, and Reading and each and all of their officials, officers, employees,. agents, servants. and representatives from and against any claim arising from or in connection with the performance by the District Director or the District VSO of their duties in or for Wakefield, including without limitation, any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission or intentional misconduct by the District Director or District VSO while in or performing services for Wakefield. Similarly, Reading sha1T indemnify and hold harmless Saugus, Melrose, and Wakefield and each and all of their officials, officers, employees, agents, servants and representatives from and against any claim arising from or in connection with the performance by the District Director or the District VSO of their duties in or for Reading, including without limitation, any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission or intentional misconduct by the District Director or District VSO while in or performing services for Reading Such indemnification shall include, without limitation, current payment of all costs of defense (including reasonable attorneys' fees, expert witness fees, court costs and related expenses) as and when such costs become due and the amounts of any judgments, awards and/or settlements, provided that (a) the indemnifying party shall have the right to select counsel to defend against such claims, such counsel to be reasonably acceptable to the other parties and their insurers, if any, and to approve or reject any settlement with respect to which indemnification is sought; (b) each party shall cooperate with the others in all reasonable respects in connection with such defense; and (c) no party shall be responsible to pay any judgment, award or settlement to the extent occasioned by the negligence or intentional misconduct of any employee, agent, official or representative of any. other party other than the District Director or the District VSO. By entering into this Agreement, none of the parties has waived any governmental immunity or limitation of damages which may be extended to them by operation of law. 10. Termination. This Agreement may be terminated by any party for any reason or no reason on thirty (30) days written notice to the other parties. No such termination shall affect any obligation of indemnification that may have arisen hereunder prior to such termination. The parties shall equitably adjust any payments made or due relating to the unexpired portion of the Term following such termination. 11. Assim ment. No party shall assign or transfer any of its rights or interests in or to this Agreement, or delegate any of its obligations hereunder, without the prior written consent of the other parties. 3169 3v se_3 12. Severabilitv. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, or if any such term is so held when applied to any. particular circumstance, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, or affect the application of such provision to any other circumstances, and this Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision were not contained herein. 13. Waiver. The obligations and conditions set forth in this Agreement may be waived only by a writing signed by the party waiving such obligation or condition. Forbearance or indulgence by a party shall not be construed as a waiver, nor limit the remedies that would otherwise be available to that party under this Agreement or applicable law. No waiver of any breach or default shall constitute or be deemed evidence of a waiver of any subsequent breach or default. 14. Amendment. This Agreement may be amended only by a writing signed by all parties duly authorized thereunto. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. 16. Headings. The paragraph headings herein are for convenience only, are no part of this Agreement and shall not affect the interpretation of this Agreement. 17. Notices. Any notice permitted or required hereunder to be given or served on any party by any other party shall be in writing signed in the name of or on behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual receipt of any hand delivery or three (3) business days after the date of any.properly addressed notice sent by mail as set forth below. a. To Saugus. Any notice -to Saugus hereunder shall be delivered by hand or sent by certified mail, return receipt requested, postage prepaid, to: Scott Crabtree Town Manager Town Hall 298 Central Street Saugus, MA. 01906 or to such other address(es) as Saugus may designate in writing to Wakefield, Melrose and Reading. b. To Wakefield. Any notice to Wakefield hereunder shall be delivered by hand or sent by certified mail, return receipt requested, postage prepaid, to: Stephen P. Maio Town Administrator Town Hall 1 Lafayette Street _ Wakefield, MA. 01880 or to such other address(es) as Wakefield may designate in writing to Saugus, Melrose and Reading. 4 170 / ~P/q C. To Melrose. Any notice to Melrose hereunder shall be delivered by hand or sent by certified mail, return receipt requested, postage prepaid, to: The Honorable Mayor Robert J. Dolan Melrose City Hall 562 Main Street Melrose, Massachusetts 02176 d. To Reading. Any notice to Reading hereunder shall be delivered by hand or sent by certified mail, return receipt requested, postage prepaid, to: Peter Hechenbleikner Town Manager 16 Lowell Street Reading MA 01867 or to such other address(es) as Reading may designate in writing to Melrose, Saugus and Wakefield. 18. ComDlete Agreement. This Agreement constitutes the entire agreement among the parties concerning the subject matter hereof, superseding all prior agreements and understandings. There are no other agreements or understandings among the parties concerning the subject matter hereof. Each party acknowledges that it has not relied on any representations by either of the other parties or by anyone acting or purporting to act for any such other party or for whose actions any such other party is responsible, other than the express, written representations set forth herein. 19. Financial Safeguards. Melrose shall maintain separate, accurate and comprehensive records of all services performed for each of the parties hereto. Melrose shall maintain accurate and comprehensive records of all costs incurred by or on account of the Veterans' Services District, and all reimbursements and contributions received from Saugus, Wakefield and Reading. On an annual basis, the parties' financial officers shall jointly review the accounts of the District Director and the District VSO to ensure accounting consistency and reliability. 20. Justification for District Formation Der Massachusetts Department of Veteran Services. The parties hereto rely upon the documents attached as Appendices B-E as constituting a rational basis for approval by the Massachusetts Secretary of Veterans Services for the formation of a veterans' services district established in accordance with 108 CMR 12.02(2)(a) through 12.02(2)(f). WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF SAUGUS By its Town Manager. TOWN OF WAKEFIELD By its Board of Selectmen 5 171 ~J TOWN OF READING By its Board of Selectmen CITY OF MELROSE By its Mayor c:\Wakefield\lh4A-V eteransAgent-Wakefield-Clean8.28.12 6 172 ~ LIST OF LICENSES 12/12/12 COMMON VICTUALLER LICENSEES Aroma Cafd 607 Main Street Anthony's Roast Beef 216 Main Street j Bagel World 323 Main Street Bangkok Spice Thai Restaurant 76 Haven Street Bertucci's Italian Restaurant 45 Walkers Brook Drive Burger King 357 Main Street Caf6 Capri 355 Main Street Chili's Grill & Bar 70 Walkers Brook Drive Chinatown Cafe 672 Main Street Christopher's Restaurant 580 Main Street Cookies-N-Cream 2 Haven Street Colombo's Pizza and Cafd 2 Brande Court Cup Cake City 137 Main Street Dandi-Lyons 1331 Main Street Dunkin' Donuts 273 Salem Street Dunkin' Donuts 454 Main Street 173 `o S COMMON VICTUALLER LICENSEES (Continued) Epicurean Feast 55 Walkers Brook Drive Fuddruckers 50 Walkers Brook Drive Green Tomato 42 High Street Gregory's Subs & Deli 162 Main Street Grumpy Doyle' 530 Main Street Hot Spot in Reading 85 Haven Street Jimbo's Famous Roast Beef & Seafood 454 Main Street Last Corner Restaurant 49 High Street Longhorn Steak House 3.9 Walkers Brook Drive Mandarin Reading Restaurant 296 Salem Street McDonald's 413 Main Street Meadow Brook Golf Club 292 Grove Street Meadow Brook - Snack Bar 292 Grove Street Oye's 26 Walker Brook Drive P & S Convenient Store 287 Lowell Street Pizza World 583 Main Street G Z 174 COMMON VICTUALLER LICENSEES (Continued) Quiznos Sub 505 Main Street Reading House of Pizza 1321 Main Street Reading Ice Arena Authority 51 Symonds Way Readin& Overseas Veteran's Inc. 575 Main Street Reading Veteran's Association 37 Ash Street Richardson's Ice Cream 50 Walkers Brook Drive Ristorante Pavarotti 601 Main Street Romano Macaroni Grill 48 Walkers Brook Drive Bistro Concepts, Inc. d/b/a Sam's Bistro 107 Main Street Starbucks Coffee 288 Main Street Starbucks Coffee 24 Walkers Brook Drive Swiss Bakers 32 Lincoln Street Town Pizza & Deli 648 Main Street Haven Seafood Market 591 Main Street Venetian Moon 680 Main Street Zinga Reading 50. Haven Street 3 175 3b'' AUTOMATIC AMUSEMENT LICENSEES Fuddruckers 50 Walkers Brook Drive Reading Veteran's Association 37 Ash Street Reading Overseas Veteran's, Inc. 575 Main Street ENTERTAINMENT LICENSEES Bangkok Spice Thai Restaurant 76 Haven Street Bertucci's Italian Restaurant 45 Walkers Brook Drive Bistro Concepts, Inc. d/b/a Sam's Bistro 107 Main Street The Boland Group 50 Walkers Brook Drive Cafe Capri 355 Main Street Chili's Grill & Bar 70 Walkers Brook Drive Colombo's.Pizza and Cafe 2 Brande Court Fuddruckers 50 Walkers Brook Drive Grumpy Doyle's 530 Main Street I-Max Theater 50 Walkers Brook Drive Jimbo's Famous Roast Beef & Seafood 454 Main Street Knights of Columbus 11 Sanborn Street Mandarin Reading Restaurant 296 Salem Street ~-l S 17 6 ENTERTAINMENT LICENSEES - cont. Meadow Brook Golf Club 292 Grove Street Oye's 26 Walker Brook Drive Reading Veteran's Association 37 Ash Street Reading Overseas Veteran's Association 575 Main Street Ristorante Pavarotti 601 Main Street Romano's Macaroni Grill 48 Walkers Brook Drive Venetian Moon 680 Main Street CLASS I. II AND III MOTOR VEHICLES LICENSEES, Gallery North, Inc. (Class I) d/b/a Honda Gallery 88-98 Walkers Brook Drive ECars of New England Inc. (Class I) 281 Main Street 128 Tire; Inc. (Class II) 459 Main Street Brown's Auto Repair (Class I1). 35 Lincoln Street Reading Auto Sales (Class II) 550 Main Street Reading Foreign Motors, Inc. (Class II) 4 Minot Street RMP Mass (Class II) Reading Motors 1337 Main Street 177 Reading Square Auto Body, Inc. (Class II) 9 Chapin Avenue Reading Square Shell (Class II) 749 Main Street North Reading Auto & Recon, Inc. (III) d/b/a Gray's Towing 4 Minot Street JUNK LICENSE CTC Gold Refinery 75 Haven Street TAXI AND LIVERY LICENSEE Paul's Sedan Service 40 Orange Street Dilsh An Perera Sapphire Livery 1230 Main Street Abdollah Hosseini Abby Transportation 211 Main Street, Unit 2 LODGING HOUSE LICENSEE 83 Hamden Street 178 OPEN SPACE AND RECREAT ON PLAN What is the Open Space & Recreation P an? ❑ It's a planning document which assesses the open space and recreation needs of Reading. ❑ This is a 5-year update. ❑ It sets goals for the next 5 years. ❑ It enables Reading to be eligible for certain state grants related to open space and recreation. Staff working group a F ❑ Jessie Wilson, Staff Planner ❑ John Feudo, Recreation Administrator ❑ Kim Honetschlager, GIS Coordinator ❑ Chuck Tirone, Conservation Administrator P anning Process & Pub ic Participation u rm ❑ Open space survey (summer 2012) - 165 responses ❑ Public meeting (Oct. 30, 2012) -about 2 dozen participants ❑ Other plans/studies that contributed: Master Plan, Town Forest Plan, Housing Production Plan ❑ Input from boards, committees, and commissions 'he P an nc udes: ❑ Background on history, regional context, population characteristics of Reading ❑ Environmental inventory and analysis ❑ Inventory of all public and private open space and recreation land in Reading ❑ An Americans with Disabilities Act (ADA assessment of recreation and open space facilities ❑ Analysis of community needs ❑ Goals and objectives ❑ 5-year action plan 4U% 51° 50% 40% 30% 20% 10% 0% ee .0 ed' C° Other facilities mentioned: o Splash / spray park o Shaded playgrounds & parks Q. `ea 0 ~c 0 ~c Q` 15% 14% 14% 13% 12% 10% 10% 10% 8% 4.. 41-t ` e e G ° Q ° ` a 0 l a o o er G S G a i1 e o° o` o L Q a c c°' `o`e 1~' o~ ow io . o~`. oc Q eS A,e° °S ~ Ma r ` S a s i 2 .moo J\ ~ o` ■ Percent of repondents 0 Needs High fights ❑ Management of conservation land - maintenance, invasive species control ❑ Athletic fields ❑ Community areas - splash park, pocket parks, playground shade, picnic area, community gardens ❑ Bike trails and lanes, sidewalks ❑ Accessibility ❑ Opportunities for residents of new, high density developments ❑ Dog management -he _argest Need RUN ❑ Funding o No dedicated source of funds for open space and recreation 0 No mechanism to respond quickly when funds are needed 0 No method to prioritize competing needs 0 Community Preservation Act (CPA) is one mechanism to meet these needs. It funds: ■ Open Space ■ Recreation ■ Affordable Housing ■ Historic Preservation -he own Shou d The Town should concentrate its efforts on: Place equal emphasis on maintenance & acquisition 52% space :as Acquiring additional open space 7% Maintaining current recreation and - --'1------1 additional recreation land 4% ❑ Support for balanced program of maintenance & acquisition Open Space & Recreation Goa s ❑ 1. Maintain and enhance existing open space for passive recreation. ❑ 2. Maintain and enhance existing recreation facilities and programs. ❑ 3. Make Reading pedestrian and bicycle friendly, improve connections, encourage climate protection and personal health. ❑ 4. Protect open space for wildlife habitat and watershed protection. ❑ 5. Preserve the character of the Town. ❑ 6. Develop a strong financial plan and seek new sources of funding Proposed boardwalk section 18 1 Land acquisition needed to complete Ipswich River Greenway NORTH. of Ipswich River Greenway LOBS REi•,DavG Mious e f Pedestrian light needed Proposed "esker connector" TTERA-~!% -I to safely cross Rt 28 l~. t +18 .r. _ Bare Meadow Proposed fishing platform yANDERSON iTOWN ~ MEADOW management plan needed F.OREST r { WOOD END Field at site of ,woo END LfN CEMETERY ~i .?wf~ *4 "-St- 00L Proposed Haverhill Street former water r : , DIVIDENCE r~ CEDAR bike lane treatment plant WATE `MEADOW y QUERALO SWAMP DEPtT_LAN© „r,,r`'KURCNIAyNr* Ka* u. Tax title parcel. evaluate for T, r INFOODSE - 't x ~I SCHNEfWOOOS Town Compost: OER transfer to Conservation COMPOST SLEDG . .,WOODS environmental '.ti.. r t ftta l review needed. Cp Turf field In CIP --J W, , UR81NK ELEMENTAYRY 4- III RENA q BIRCH MEADOW Strout Avenue & SCHOCSL t SCHOOL Grove Street z " REVAY/WATER 600L11) parking issues ODEPT .-I, `MIDDLE - TIMBERNECK :SOUTH Zl"Y 2 9, SCHOOL_ CHARLES1L CEDAR AWN-~ SWAMP SWAMP • • • . CEMETERY: { ` <t DICENZO "West Side Tfail" MAILLET ~ Oft gEk N~\ r 5~ OMMES - - . N connections needed. VIER. 1, - MORGAN~ MEMORIAL -9 LAURE #L z, , ` CEMETERY PARK i 5...-n • • ~.I THELM BIRD'S r Y ' q gANCTUARY> v 129 HUNT- .:PARKER `war „ MEMORIAL +,'dA(, FIELD Johnson Woods gpRROWS MIDDLE\ 5T. PARK -underserved t scHOOLsCNOOL, . r r residents .L'ONGWOOD WASHINGTON tr CONSERVATION PARK'`- - ~•4.. ~'T r AREA • ~'~`l ' . t PINEVA~LE; iP West Street e`o 11 , 5, °3>`G } ti tit~~ Reconstruction project: 10, JOSHO EATON new 1 reconstructed , I `SCHOOL''/ O sidewalks Reading Commons po PARK underserved Reading Woods residents underserved WOBURN residents ST N EH Next Steps L~ t; q ❑ Letters of review needed from the Board of Selectmen, Community Planning and Development Commission (CPDC), and Metropolitan Area Planning Council (MAPC). ❑ Submit draft to Department of Conservation Services ❑ Finalize plan based on comments from the state and from reviewers above. ❑ Submit final to state. -hank you ❑ Draft plan: www.readinama.aov/paaes/ReadinaMA Conservation/OSRP