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Home My WebLink About2013-01-08 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELCTMEN MEETING JANUARY 8, 2013 Goldy, Tafoya, Schubert, Arena, Bonazoli Hechenbleikner lc) Move that the Board of Selectmen approve the Housing Production Plan for the Town of Reading dated January 8, 2013. 5c) Move that the Board of Selectmen close the Warrant consisting of 10 Articles for the Special Town Meeting to be held on Monday, January 28, 2013 at 7:30 p.m. at the Reading Memorial High School Auditorium, 62 Oakland Road. 5d) Move that the Board of Selectmen close the hearing on the change of Manager for Mac Acquisition of Delaware d /b /a Macaroni Grill from Joshua Henderson to John O'Brien. Move that the Board of Selectmen approve the change of Manager for Mac Acquisition of Delaware d /b /a Macaroni Grill from Joshua Henderson to John O'Brien. 5e) Move that the Board of Selectmen close the hearing on the application for an All Alcoholic Restaurant Liquor License for RKR Corp. d /b /a Bunratty Tavern, 622 Main Street Move that the Board of Selectmen approve the All Alcoholic Restaurant Liquor License for RKR Corp. d /b /a Bunratty Tavern, 622 Main Street for a term expiring December 31, 2013 subject to the following conditions: ♦ All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, ♦ Pursuant to section 3.2.1.6 of the Selectmen's regulations, Duty to Perform, The applicant ... shall within 45 days of the issuance of such license commence construction of the licensed premises which shall be fully operational within 120 days of the issuance of such license, unless otherwise approved by the Licensing Authority. r), ♦ and subject to a satisfactory inspection of the establishment by the Town Manager prior to opening for business. 5f) Move that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6 am pursuant to Section 7.1 of the Reading General Bylaw to Snap Fitness at 30 Haven Street, subject to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier that 5 am on Monday through Friday, and not earlier than 6 am on Saturday, Sunday, and holidays. 2. Customer and employee parking prior to 6 am shall be limited to Haven Street; 3. This approval expires at midnight, December 31, 2013; 4. All signs shall conform to the Zoning By -Laws of the Town of Reading; In granting this license the Board finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safety and welfare, or that public necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. 5g) Move that the Board of Selectmen approve a license to operate a retail business between the hours of midnight and 6 am pursuant to Section 7.1 of the Reading General Bylaw to Planet Fitness, 275 Salem Street, subject to the following conditions: 1. This license is for approval, pursuant to the Board of Selectmen regulation 3.9, to open for business not earlier that 5 am on Monday through Friday, and not earlier than 6 am on Saturday, Sunday, and holidays. 2. This approval expires at midnight, December 31, 2013; 3. All signs shall conform to the Zoning By -Laws of the Town of Reading; In granting this license the Board finds that in accordance with Section 5.10.4 of the General Bylaws: 0 • It is in the interest of the public health, safety and welfare, or that public necessity or convenience will be served by permitting such operation; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. 6a) Move that the Board of Selectmen approve the minutes of November 20, 2012 as amended. 6b) Move that the Board of Selectmen approve the minutes of December 4, 2012 as amended. 6c) Move that the Board of Selectmen approve the minutes of December 11, 2012 as amended. Move that the Board of Selectmen adjourn the meeting at p.m. CO TOWN MANAGER'S REPORT Tuesday, January 08, 2013 Administrative matters ♦ Volunteers needed! ! - B_ylaw Committee Zoning Board of Appeals ♦ Nomination papers for elected positions are available at the Town Clerk's office • Due 2 -12 -13 • Withdraw by 2 -28 -13 • Election 4 -2 -13 ♦ RMLD General Manager Vinnie Cameron will be on vacation starting Monday, January 14, 2013 extending through the end of February, 2013. After his vacation ends, he will be retiring. Kevin Sullivan will be the interim General Manager. The RMLD Board and the General Manager Search Committee are continuing to work on hiring a permanent General Manager Community Services ♦ The Board of Selectmen Chairman has a document to sign for the transfer of an affordable housing unit at Maplewood Village — t here is a substitute deed rider which has been recommended and approved by DHCD. The unit remains an affordable unit. ♦ Zoning Bylaw amendments done last fall have been flagged by the Attorney General — the Town failed to give the hearing notice to DHCD, MAPC and abutting communities. This is not unusual and we have applied for a waiver. ♦ Preliminary application for a 40 b or LIP program on north Main Street has been received and has been reviewed by staff. We are expecting a revised plan and staff will then prepare a report to the Board of Selectmen. ♦ Mawn (MF Charles) interior demo permit issued. Known tenants are Orange Leaf frozen yoghurt, Banratty's Irish pub, and the Northern Bank and Trust. ♦ Perfecto's is revising the plan and applying to the Planning Commission for the amended plan Finance ♦ Tax Assessment re- inspections of up to 3600 properties this winter /spring, beginning next week.. ♦ FY 2014 Budget process has started Governor's 9c reductions in FY 2013 budget ♦ The Town has received the quarterly payment for the meals tax in an amount of just under $87,000, which is almost $350,000 annualized. ♦ The Town recently received payment of over $51,000 from the MIIA Rewards program which is a reimbursement of Property and Casualty and Workers Compensation insurance premiums for risk management efforts undertaken by employees and officials of the Town. Public Safety 1/8/2013 0 TOWN MANAGER'S REPORT Tuesday, January 08, 2013 ♦ Remedial work at the main Fire HQ building has been done to reinforce the floor. ♦ We have 3 Police Officer recruits starting the 26 week Police Academy on Monday, January 14 ♦ RCASA event February 13 at 7:30 PM — at IMAX theater at Jordan's Public Works • We are requesting approval from the MWRA Board to be able to draw down enough of our allocated but not released interest free loan money for water distribution improvements in order to do our highest priority projects under the water distribution master plan. • Mineral Street bridge — moving utility poles out of sidewalk • East Haven Street - lighting remains to be completed • Repaired street lighting on Main Street north of Washington Street — the problem was a broken conduit. • Crosswalk repair - done • Poet's Corner - 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. • Holiday lighting display is being removed, signaling the end o fthe holidays for another year. Thanks to DPW and Fire for installing these lights annually. Upcoming events: ♦ MLK Celebration — January 21, 2013 ♦ Special Town Meeting — January 28, 2013 1/8/2013 2 D LOCAL INITIATWE PROGRAM ELIGIBLE PURCHASER CERTIFICATE The undersigned, being the of the City/Town of Reading (the "Municipality ") and being the Chief Executive Officer of the Municipality, as that term is defined in regulations promulgated at 760 CMR 56.00 et seq. (the "regulations ") which establish the Local Initiative Program (LIP), and the -undersigned, being the Undersecretary of the Department of Housing and Connmuunity Development, the successor agency to the Executive Office of Communities and Development, a department duly organized and existing pursuant to Massachusetts General Laws Chapter 23B as amended by Chapter 19 of the Acts of 2007 with all powers of said executive office and department, or being the Undersecretary's duly authorized designee, ( "the Undersecretary "), certify as follows with respect to a certain deed rider annexed to and made part of that certain Deed from Maplewood Village Development, LLC ( "Grantor ") to Priscilla L. Carter ( "Grantee ") dated November 8, 2005, recorded with the Middlesex South County Registry of Deeds Land Registration Office as Document No. 1398891 on Certificate of Title No. 17990 at Book 92, Page 38 (the "Existiig Deed Rider "): 1. The Property referred to herein is the Property described in the Existing Deed Rider. 2. Marie A. Churchill is the eligible purchaser of the Property. 3. The total consideration to be paid to the Grantee for the purchase of the Property is $158,250.00. The Resale Price Midltiplier to be used in subsequent transactions is 1.68. 4. The conveyance of the Property by the Grantee to the eligible purchaser(s) is in compliance with the rights, restrictions, covenants and agreements contained in the Existing Deed Rider. 5. The eligible purchaser of the Property have executed a new deed rider with respect to the Property (the "New Deed Rider ") which is satisfactory in form and substance to the Department of Housing and Community Development ( "DHCD ") and the Municipality. 6. The Municipality and the Undersecretary hereby acknowledge and conform that upon the conveyance of the Property by the Grantee to the eligible purchaser, the recording of the New Deed Rider executed by the eligible purchaser more fully described ii Paragraph 5 hereof, and the recording of this Eligible Purchaser Certificate, the rights, restrictions, agreements, and covenants contained in the Existing Deed Rider shall be null and void. 7. All defined terms used herein shall have the definitions set forth in the Existing Deed Rider unless otherwise defined herein. Zday Executed as a sealed instrument this ofd 32013. Town of Reading, The Undersecrelarkof the Department of Housing acting by its Chief Executive Officer and Corn n-n ity lopment [51g1aA"M] Catherine Racer, Associate Director Duly Authorized Designee [Name] uPCRT 6 COMMONWEALTH OF MASSACHUSETTS Suffolk: ss On this day of T4 ' 013, before me, the undersigned Notary Public, personally appeared C h rive Racer, -h Associate Director of the Department of Housing and Community Develo nent (DHCD) duly authorized designee of the Undersecretary, and proved to me, through satisfactory evidence of identification which was my personal knowledge, that she is the person whose name is signed on the foregoing Eligible Purchaser Certificate and acknowledged to me that she signed it voluntarily for its sated purpos ,and that it is the free act and deed of DHCD. / J \ \ \ \,�111111111111If!!!! \ ,r• �^ = Notary Public: Ronald A. Cabezas My Commission Expires: 1/25/2019 0 a � oti • ,ACrsu4••• ��* .0& EAL TH hrr.gdtrrs ss. On this day of , 20 , before me, the undersigned notary public, personally appeared , Chief Executive Officer of the City /Town of and proved to me, through satisfactory evidence of identification which was , that he /she is the person whose name is signed on the foregoing Eligible Purchaser Certificate and acknowledged to me that he /she signed it voluntarily for its stated purpose and that it is the free act and deed of the City/Town of Notary Public Commission Expires: uPCRT Hechenbleikner, Peter From: Delios, Jean Sent: Tuesday, January 08, 2013 10:30 AM To: Hechenbleikner, Peter Subject: RE: Waiver Attachments: AG Letter for Zoning.docx The public notice required by the AG's office was published on 12/31 in the Chronicle and any comments are to be submitted in writing within 21 days of the notice per the attached, then the Town Clerk certifies to the AG's office that the notice has been provided and include any comments received. Jean J. Dehos Town cif Reading; 16 Lowell Street Reading, ;till 01867-2685 (1'} 78 t- 942 -( 612 (F) 78:1 942 907.1, Town_ Hail Hours as of lung 7, C} 11, ��', 't t�: 7:30 a.m. - Z5 30 p.m. Tuesday: 7:30 a.m. - 7 :00 P.M. FRIDAY: CLOSED jdeliosa'ci.reading.ma.us wi«v.reachngma.gov http: / /readingma- survey.virtualtowmhall.net/survey/sid/de8bdaa I 6db9eQh4Z From: Hechenbleikner, Peter Sent: Tuesday, January 08, 2013 9:54 AM To: Delios, Jean Subject: Waiver Where are we in making application to the AG for the waiver on last fall's zoning bylaws? Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours affective June 7, 2010: Monday; Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.rn. Friday: CLOSED phone: 781 - 942 -9043 fax 781 -942 -9071 web V l "iVr.l eaCtn3•V email townmanager�ci.readinq.ma,us Please let us know how we are doing - fill out our brief customer service survey at http:Hreadingma- survey.virtualtownhall.net /survey /sid /19ab55aed08fbc96/ 1 (J� MARTHA C.OAKI.TY AvroRNEY GENEIM THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL Laura Gemme, Town Clerk Town of Reading 16 Lowell Street Reading, MA 01867 CENTRAL MASSACHUSETTS DIVISION 10 MECHANIC STREET, SUITE 301 WORCESTER, MA 01608 December 20, 2012 (508) 792 -7600 (508) 795 -1991 fax www.mass.gov /ago RE: Reading Fall Annual Town Meeting of November 13, 2012 - Case # 6578 Warrant Articles # 15 and 16 (Zoning) Warrant Articles # 12, 13 and 14 (General) Dear Ms. Gemme: Articles 15 and 16 — With respect to Articles 15 and 16 from the Reading Fall Annual Town Meeting of November 13, 2012, the Attorney General has elected to proceed under the authority conferred by G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000, and place these Articles on "hold." In our review of the materials submitted to us by the Town Clerk pursuant to G.L. c. 40, § 32 , we note the following procedural defects in the adoption of Articles 15 and 16: the planning board hearing notice was not sent by mail, postage prepaid to the Department of Housing and Community Development; the regional planning agency, if any; to the planning board of each abutting city and town; and to any nonresident property owners who have requested notice, as required by G.L. c. 40A, § 5. Accordingly, the 90 -day period prescribed for the Attorney General's review of the zoning by -law amendments adopted under Articles 15 and 16 is suspended in accordance with G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000. A signed copy of Form 299A is enclosed. Please retain a copy for your records and return a copy to us with your certification that a true copy has been posted and published as required by Chapter 299 of the Acts of 2000. A copy of Chapter 299 of the Acts of 2000 is also enclosed for your reference. Articles 12, 13 and 14 - We remind the Town that the amendments adopted to the Town's General By -laws under Articles 12, 13 and 14 are not part of this "hold" and the 90 -day period prescribed for the Attorney General's review of Articles 12, 13 and 14 has not been suspended. Therefore, you may expect our review of these general by -law amendments to be completed on or before March 10, 2013. Very truly yours, MARTHA COAKLEY ATTORNEY GENERAL by: Margaret J. Hurley, Assistant Attorney General Chief, Central Massachusetts Division Director, Municipal Law Unit Ten Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792 -7600 x 4402 cc: Town Counsel Gary Brackett (via electronic mail) 0 Form 299A Date: December 20, 2012 Attorney General's Notice Pursuant to G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000 Town of Reading -- Case No. 6578 Fall Annual Town Meeting of November 13, 2012 Articles # 15 and 16 Attorney General's Limited Authority to Waive Procedural Defects in the Notice of the Planning Board Hearing Pursuant to the provisions of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000, if the Attorney General finds there to be any defect in the procedure of adoption or amendment of any zoning by -law relating to the form or content of the notice of the Planning Board hearing prescribed by G.L. c. 40A, § 5, or to the manner or dates on which said notice is mailed, posted or published as required by that section, then instead of disapproving the by -law or amendment by reason of any such defect, the Attorney General may elect to proceed under the defect waiver provisions of G.L. c. 40, § 32. Under those provisions, the Attorney General is conditionally authorized to waive any such defect. Defect Determined in Notice of Planning Board Hearinc The Attorney General has determined that one or more of the notice requirements for the planning board hearing relating to the above Articles failed to comply with the notice requirements for such hearing required by G.L. c. 40A, § 5. Section 5 provides in part (with emphasis added): No zoning... by -law or amendment thereto shall be adopted until after the planning board in a ... town has ... held a public hearing thereon... at which interested persons shall be given an opportunity to be heard.... Notice of the time and place of such hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published in a newspaper of general circulation in the ... town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of said hearing, and by posting such notice in a conspicuous place in the ... town hall for a period of not less than fourteen days before the day of said hearing. Notice of said hearing shall also be sent by mail, postage prepaid to the department of housing and community development, the regional planning agency, if any, and to the planning board of each abutting city and town. ...In cases involving boundary, density or use changes within a district, notice shall be sent to any such nonresident property owner who has filed such a request with the city or town clerk and whose property lies in the district where the change is sought. Based on the materials submitted to this Office, we have identified the following defects: the planning board hearing notice was not sent by mail, postage prepaid to the Department of Housing and Community Development; the regional planning agency, if any; to the planning board of each abutting city and town; and to any nonresident property owners who have requested notice, as required by G.L. c. 40A, § 5. Apart from these defects, the notice in all other respect appears to satisfy the requirements of the statute. Attorney General's Election to Proceed Under the Waiver Provisions of G.L. c. 40, & 32 The Attorney General has elected to proceed under the limited defect waiver authority conferred by G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000. P Suspension of Review of Zoning By -Law Amendments The 90 -day period prescribed by law for the Attorney General's review of local by -laws is therefore suspended in accordance with the provisions of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000. Posting and Publication of This Notice The Town Clerk shall post a true copy of this Notice in a conspicuous place in the Reading Town Hall for a period of not less than 14 days and shall publish a copy once in a newspaper of general circulation in the Town of Reading. Filing of Claim That Defect in Notice Was Misleading or Otherwise Prejudicial Within 21 days of the date on which this Notice is published in a newspaper of general circulation in the Town of Reading, any resident of the Town of Reading, or the owner of any real property in the Town of Reading, or any other party entitled to notice of the planning board hearing may file with the Town Clerk a written statement that the notice defect was misleading or otherwise prejudicial. The statement must include the reasons supporting the claim that the defect in the Planning Board Notice was misleading or otherwise prejudicial. This statement must be actually on file with the Town Clerk not later than 21 days from the date on which this Notice is published in the newspaper. Town Clerk's Certification of Compliance with This Notice After the expiration of the 21 -day period, the Town Clerk shall submit to the Attorney General a true copy of this Notice with a certification of compliance with the publishing and posting requirements of the preceding paragraph, and a certification that either (a) no claim was filed within the 21 day period, or (b) one or more claims were filed within the 21 -day period. The Town Clerk shall submit to the Attorney General true copies of any such claim(s). Resumption of Attorney General's Review Upon receipt of one original copy of this Notice with the Clerk's certification, the 90 day period provided for the Attorney General's review under G.L. c. 40, § 32, shall resume. If no claim is made, the Attorney General has the discretion to waive any such defect; if any claim is made, however, the Attorney General may not waive any such defect. Note: By not filing a claim under this provision, a person shall not be deprived of the right to assert a claim of invalidity arising out of any possible defect in the procedure of adoption or amendment, as provided in G.L. c. 40, § 32, and in G.L. c. 40A, § 5. Date: December 20, 2012 Very truly yours, MARTHA COAKLEY ATTORNEY GENERAL by: Margaret J. Hurley, Assistant Attorney General Chief, Central Massachusetts Division Director, Municipal Law Unit Ten Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792 -7600 x 4402 9 Town Clerk's Certification I hereby certify that I have posted and published a true copy of this Attorney General's Notice, as follows: Posting - On , and for a period of at least 14 days, I posted a true copy of this Notice at the following conspicuous place in the Town Hall: Publication - I published a true copy of this Notice in , a newspaper of general circulation in the Town of The date of publication was: . A copy of the published notice, including the date of publication, is attached. Certification of Claims Filed - I certify that as of this date: [] no claims were filed, or [_] one or more claims were filed, and copies of each are attached hereto. Date: Town Clerk, Town of Reading 0 ►perty in 1,507,856, :stimated increase chilling ithorities dictment .ed sex ay video- sexually from his .ay care 1 John cents he baby sit - ithorities year -old xdon13 ing from )ld, with happen - mes. District one said custody charges hat grew ►mplaint aces an .00 crim- i a case uTested ding by I to the torney's ;tigation licensed Taterfa)1 covered assault Public 1 the Lannon ssistant 12, Ms. Adult brarian lbrary. for the ry, Ms. several W firm Form 299A Date: December 20, 2012 ATTORNEY GENERAL'S NOTICE PURSUANT TO G.L. C. 40, § 32, AS AMENDED BY CHAPTER 299 OF THE ACTS OF 2000 TOWN OF READING — CASE NO. 6578 FALL ANNUAL TOWN MEETING OF NOVEMBER 13, 2012 ARTICLES # 15 AND 16 ATTORNEY GENERAL'S LIMITED AUTHORITY TO WAIVE PROCEDURAL . DEFECTS IN THE NOTICE OF THE PLANNING BOARD HEARING Pursuant to the provisions of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000, if the Attorney General finds there to be any defect in the proce- dure of adoption or amendment of any zoning by -law relating to the form or content of the notice of the Planning Board hearing prescribed by G.l . c. 40A, § 5, or to the manner or dates on which said notice is mailed, posted or published as required by that section, then instead of disapproving the by -law or amend- ment by reason of any such defect, the Attorney General may elect to proceed under the defect waiver provisions of G.L. c. 40, § 32. Under those provisions, the Attorney General is condition- ally authorized to waive any such defect. Defect Determined In Notice of Planning Board Hearing The Attorney General has determined that one or more of the notice requirements for the planning board hearing relating to the above Articles failed to comply with the notice requirements for such hearing required by G.L. c. 40A, § 5. Section 5 provides in part (with emphasis added): No zoning ... by-law or amendment thereto shall be adopted I ntil after the planning board in a ... town has:..held a public hear- ing thereon ... at which interested persons shall be given an opportunity to be heard .... Notice.of the time and place of such hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published in a newspaper of general circulation in the ... town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of said hearing, and by posting such notice in a conspicuous place in the ... town hall for a period of not less than fourteen days before the day of said hearing. Notice, of said hearing shall also be sent -by mail, postage prepaid to the department of housing and community development, the, regional planning agency, if any, and to the planning board of each abutting city and town.... In cases involv- ing boundary, density or use changes within a'district, notice shall be sent to any such nonresident property owner who has filed such a request with the city or town clerk and whose prop- erty lies in the district where the change is sought. Based on the materials submitted to this Office, we have identified the following defects: the planning board hearing notice was not sent by mail, postage prepaid to the Department of Housing and Community Development; the regional planning agency, if any; to the planning board of each abutting city and town; and to any . nonresident property owners who have requested notice, as required by G.L. c. 40A, § 5. Apart from these defects, the notice in all other respect appears to satisfy the requirements of the statute. Attorney General's Election to Proceed Under the Waiver Provisions of G.L. c 40,6 32 The Aft rney General has elect- ed to proceed under the limited defect waiver authority conferred by G.L. C. 40, § 32, as amended by Chapter 299 of the Acts of 2000. 1 Suspension of Review of Zoning By -Law Amendments. The 90-day period prescribed by law for the Attorney General's review of local by -laws is therefore suspended in accordance with the provisions of G.L. c. 40, § 32, as amended by Chapter 299 of the Acts of 2000. Posting and Publication of This Notice The Town Clerk shall post a true copy of this Notice in a conspicuous place in the Reading Town Hall for a period of not less than 14 days and shall, publish a copy once in a newspaper of general circulation in the Town of Reading. Filing of Claim That Defect In Notice Was Misleading or Otherwise Prejudicial Within 21 days of the date on which this Notice is published in a newspaper of general circulation in the Town of Reading, any resident of the Town of Reading, or the owner of any real property in the Town of Reading, or any other party entitled to notice of the planning board hearing may file with the Town Clerk a written statement that the notice defect was misleading or otherwise prejudicial. The statement must include the reasons supporting the claim that the defect in the Planning Board Notice Was misleading or otherwise prejudicial. This statement must be actually on file with the Town Clerk not later than 21 days from the date on which this Notice is pub -: lished in the newspaper. Town Clerk's Certification of Compliance with This: Lice After the expiration of the 21 -day period, the Town Clerk; shall submit to the Attorney General a true copy of this Notice; with a certification of compliance with the publishing and posting, requirements of the preceding paragraph, and a certification that. either (a) no claim was filed within the 21 day period, or (b) one, or. more claims were filed within the 21 -day period. The Town Clerk shall submit to the Attorney General true copies of any such claim(s). Resumption of Attorney General's Review Upon receipt of one original copy of this Notice with the Clerk's certification, the 90 day period provided for the Attorney General's review under. G.L. c. 40, § 32, shall resume. If no claim is made, the Attorney, General has the discretion to waive any such defect; if any claim, is made, however, the Attorney General may not waive any such, defect. Note: By not filing a claim under this provision, a person shall not be deprived of the right to assert a claim of inva- lidity arising'out of any possible defect In the procedure of adoption or amendment,,as provided in G.L. c. 40, § 32, and In G.L. c. 40A, § 5. Date: December 20, 2012 Very truly yours, MARTHA COAKLEY ATTORNEY GENERAL Margaret J. Hurley by: Margaret J. Hurley, Assistant Attorney General Chief, Central Massachusetts Division Director, Municipal Law Unit Ten Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792 -7600 x 4402 (3 Qtr Rec'd Tax Receipt Period Covered 1 Jan '13 $ 86,922.77 Sep- Oct- Nov('12) 2 Sep'12 $ 84,171.11 Jun - Jul- Aug)'12) 3 Jun'12 $ 82,379.42 Mar - Apr- May('12) 4 Mar'12 $ 80,014.30 Dec('11)- Jan- Feb('12) 5 Dec'11 $ 78,060.75 Sep- Oct -Nov ('11) 6 Sep'11 $ 81,200.12 Jun - Jul- Aug('11) 7 Jun 11 $ 74,680.92 Mar - Apr- May('11) 8 Mar'11 $ 72,158.78 Dec('10)- Jan- Feb('11) Dec'10 $ 25,930.66 Nov('10) partial qtr $355,000 $345,000 $335,000 $325,000 $315,000 $305,000 $295,000 $285,000 $275,000 1� $ 665,518.83 Trailing 12mos 4 x this qtr % of year $ 333,487.60 $ 347,691.08 26.1% $ 324,625.58 $ 336,684.44 25.2% $ 321,654.59 $ 329,517.68 24.7% $ 313,956.09 $ 320,057.20 24.0% $ 306,100.57 $ 312,243.00 25.5% $ 324,800.48 26.5% $ 298,723.68 24.4% $ 288,635.12 23.6% Revenue Budget FY13 FY14 FY15 $ 300,000 $ 335,000 $ 375,000 Meals Tax Revenues (qtrs annualized) 1 2 3 4 5 6 7 8 Quarterly Payments AS Afl°4 Iff elf CIvrIvv - �:1(j'j 7� f! Reading x, Coalition f Against Substance Abuse 4 =x. yam, - � �6 A? N A'Am' a P xSk�iJ THE I N Dl E FEST AWARD W I N N E R uw vvpviagu%,..nwurw nup:// reaumgma- survey. viiTuaitownnaii.neuresuits /sia/ icaa44eoiaec... Surveys > Results Options Customer Service Survey Show All Show Download Spreadsheet Download PDF CSV By Taker Display by Taker Manage Labels Print 1. What department did you visit? © Answered: 67 Skipped: 2 • Department of Public Works • DPW • DPW • DPW • Assessors • Engineering • Community Service • Plumbing • Building Department • DPW Water Conservation • Water Department • Public Works • DPW • Voter Registration • Town Clerk • water • DPW • Collectors • Parking • Water • Parking clerk • DPW • Town Clerk • called • Building Inspector /Permits • DPW • DPW • Public Works • Department of Public Works • Clerk • Water • Public Works • Assessment • Public Works • Public Works • water • DPW - Water Dept. • Phoned DPW About Rebate • Town Clerk • Town Clerk • DPW Water Department • Recreation & Public Works • Public Works • Public Works 1 oui vcy mar in..nc�uiw • Public Works • Department of Public Works • DPW • Public Works • Department of Public Works • Water /Sewer • Building permits and Assesors • Water Department • Town Clerk • Public Works • Building • Building • DPW • Records • Assessors • Elder Services • treasurer • Clark • Public Works • Public Works • DPW • Public Works • Assessors nup: / /reaatngrna- survey. virruaitownnaii .neuresuits /sia// 5644eD1aec... 2. What was the reason for your visit? 0 Answered: 68 Skipped: 1 • Rebate on Washing Machine • Rebate program for H.E washer • Water Conservation Rebate • Purchase a Rain Barrel • Record Card/ Owner • Plot information /Street pavement question • Conservation • Toilet Rebate • Permit • Check Water • Rebate Requested and Rain Barrels • Water Conservation Rebate • Washer Rebate • To Register • Laura Gemme • rain barrel • Purchase a Rain Barrel • Pay Excise Tax • Paying a Ticket • To Save Water • resident permit • Purchase a Rain Barrel • Register to Vote • called to request someone come out to our house verify we bought the energy efficient washer • Permit for above ground pool • Water Conservation Rebate • buy rain barrel • Washer Rebate • water conservation rebate • Outstanding Parking • Energy Rebate • Energy Rebate • Exemption Info • Picked up rain barrel • Rebate • to apply for rebate I-4fG • Water Rebate • Rebate on purchasing a washing machine • Birth Certificate • Permit • Rebate • Buy a Rain Barrel • Rebate Form • Toliet Rebate • Marriage License • Water Conservation Rebate for a new washing machine • rebate request • Water Conservation Rebate and Rain Barrel • Purchase a Rain Barrel • Purchase a Rain Barrel • Washing Machine Rebate • Questions about house additions • New Washing Machine • Water Conservation • Birth Certificate • Rain Barrel and Street Sign • Permit • Hurrican Sandy • accident report • Information on Deed • knee replacement • check real estate tax payment • Permit • rain barrel • Street • Rebate • Washer Rebate • Property Infromation 3. Were you assisted in a timely manner? Answered: 69 Skipped: 0 1 poor (0) 2 fair (0) 3 average (0) 4 good (5) 5 excellent (64) 4. Was the person who assisted you knowledgeable? Answered: 67 Skipped: 2 1 poor (0) 2 fair (0) 3 average (0) 4 good (6) 5 excellent (61) 5. Did you accomplish what you came for? Answered: 68 Skipped: 1 uup:iireaumgma- survey .virLuanownnaii.neuresuas /sia/ ic6644MUC.. 0% 0% 0% ego o,1 9% DL i of 5 / /C /nn 1' "I I jui vcpviar�in..ikc3Uiw 1 poor (0) 2 fair (0) 3 average (0) 4 good (3) 5 excellent (65) 6. Was the person you spoke with professional /courteous? Answered: 68 Skipped: 1 1 poor (0) 2 fair (0) 3 average (0) 4 good (3) 5 excellent (65) 7. Did you leave with a clearer understanding? Answered: 67 Skipped: 2 1 poor (0) 2 fair (0) 3 average (0) 4 good (4) 5 excellent (63) IILLP:// FCUUing[ Ild- SUrVCy. VIrtUdllUWlInd11 .neuresuits /s1U/ /C b a44C0l UCG... 8. Any comments or suggestions on how we can enhance customer service? ® Answered: 40 Skipped: 29 • 1 found it to be a nice service the town provides to the town residents • Very informative staff. Most efficient! Thank you • No, Great Service • These people are excellent • Ive visited this department recently twice in the last few months and found them very helpful and professional • Get into the electronic age • You have done all good things already. • Can Reading bring back a separate meter for sprinkler systems to avoid sewer fees? • Excellent as is. • Friendly, personal + helpful • 1. 1 like the additional angled parking because the lot is always full. 2. 1 like Reading so much that the town should sell town magnets. • The woman behind the counter even gave me a pair of charts to use so i could see better. she answered all of my questions and gave me a phone number for the rmv. thank you. • I love the police department in Reading. • great service vicky • great job, on time, in and out quick, got our check soon. • No- everyone was fabulous, helpful and knowledgeable . stay that way! • I was not aware of this rebate offering and was very happy to hear about the program. Great service and opportunity, especially for someone that is relatively new to Reading. Thanks. • none • The women here were extremely helpful! No wait time what so ever. • Couldn't be any better. • When i went to pick up barrel i had to put it in my car by myself. there were a couple of guys standing outside and nobody asked if i needed help. 0 Inf; 1/Z PIA I1 1 '1.11 Dlk 4 .�ui ra.y •rau�u�..iwouiw IILLP. / /LCdUllIgIlld-NW VUY. VIILUdILUWIIIldll .ilvulcNuILN /S1W 1000'+'+GUIUGG... • Always pleasant and helpful prompt • Overall Great Service!! Keep up the good work! • The person who came to our home to check out our washer for rebate was very courteous and professional . We received our rebate promptly • Laura Gemme was outstanding! • Wonderful! The customer service is the best I ever had! • Explained the procedure. very polite (Mr. halloran) • Not in that area -they were terrific! went above and beyond. Thanks. Nice and efficient. where you CAN improve is in spending our tax money wisely. not replacing those idiotic granite pillars at intersections. and not spending all winter trucking snow around all night long in dump trucks! Really wasteful. Thanks. • Excellent job. Maybe a raise in salary. • Employee was extremely helpful. He even assisted bringing 1 of the barrel to the care. • Very Impressed with professional, curteous timely fasshin this was handled. • Everyone was very helpful and knowledgeable! • Everyone involved in this process was extremely courteous and professional. • Friendly, helpful, knowledgeable people from (street sign Deborah) to the very kind man putting rain water barrel in my car. my visits were a pleasure. • Glen is always professional and uses graphs to show. • During Hurricane Sandy I called DPW to report a cage tree lend that feel on street. they were at my house and all was gone with one hour • Joanne was great, helpful & pleasant. • A great experience • we did have to wait much too long for results. we were told there were other as more important . we all pay taxes we are all important residents. it was finally done and looks terrific. - Please note that our home is at the end of dustin road. snow is flushed into one area at the end of the street. road is destroyed. it looks terrific now. but i do think this area being a mess depending in the serverity of the winter. we waited much too long for this problem to be remedied. this should not be. our taxes are paid promptly so should our requests. a sign reading NO TRESPASSING should be feet of and the end of dustin road - NO DUMPING. Please look into this. • Awesome customer service! OPTIONAL: About You (so we can address any comments or concerns) 9. What is your name? © Answered: 43 Skipped: 26 10. What is your phone number? ® Answered: 27 Skipped: 42 11. What is your address? © Answered: 40 Skipped: 29 12. What is your email address? 0 Answered: 28 Skipped: 41 13. May we add your information to our electronic mailing list that offers community updates? Answered: 34 Skipped: 35 Yes (27) No (7) SurveyMagik 5.0 OCopyright, All Rights Reserved SurveyMagik.com of'; 1 /G /7n12 1''1.12 DAR 5.4 Criminal History Check Authorization 5.4.1 Fingerprint Based Criminal History Checks The Police Department shall as authorized by M.G.L. Chapter 6 Section 172 B 1/2 conduct State and Federal Fingerprint Based Criminal History checks for individuals applying for the following licenses: • Hawking and Peddling or other Door -to -Door Salespeople - Police Chief • Manager of Alcoholic Beverage License - Board of Selectmen • Owner or Operator of Public Conveyance - Board of Selectmen • Dealer of Second -hand Articles - Board of Selectmen • Hackney Drivers - Board of Selectmen • Ice Cream Truck Vendors - Board of Health 5.4.1.1 Notification At the time of fingerprinting the Police Department shall notify the individual fingerprinted that the fingerprints will be used to check the individual's criminal history records. The Police Chief shall periodically check with the Executive Office of Public Safety and Security ( "EOPSS ") which has issued an Informational Bulletin which explains the requirements for town bylaw and the procedures for obtaining criminal history information to see if there have been any updates to be sure the Town remains in compliance. 5.4.1.2 State and National Criminal Records Background Checks Upon receipt of the fingerprints and the appropriate fee, the Police Department shall transmit the fingerprints it has obtained pursuant to this bylaw to the Identification Section of the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Services (DCJIS), and /or the Federal Bureau of Investigation (FBI) or the successors of such agencies as may be necessary for the purpose of conducting fingerprint -based state and national criminal records background checks of license applicants specified in this bylaw. 5.4.1.3 Authorization to Conduct Fingerprint -Based State and National Criminal Record Background Checks The Town authorizes the Massachusetts State Police, the Massachusetts Department of Criminal Justice Information Systems (DCJIS), and the Federal Bureau of Investigation (FBI), and their successors, as may be applicable, to conduct fingerprint -based state and national criminal record background checks, including of FBI records, consistent with this bylaw. The Town authorizes the Police Department to receive and utilize State and FBI records in connection with such background checks, consistent with this bylaw. The State and FBI criminal history will not be disseminated to unauthorized entities. Upon receipt of a report from the FBI or other appropriate criminal justice agency, a record subject may request and receive a copy of his criminal history _. record from the Police Department. Should the record subject seek to amend or correct his record, he must take appropriate action'to correct said record, which action currently includes contacting the Massachusetts Department of Criminal Justice Information Services (DCJIS) for a state record or the FBI for records from other jurisdictions maintained in its file. An applicant that wants to challenge the accuracy or completeness of the record shall be advised that the procedures to change, correct, or update the record are set forth in Title 28 CFR 16.34. The Police Department shall not utilize and /or transmit the results of the fingerprint -based criminal record background check to any licensing authority pursuant to this bylaw until it has taken the steps detailed in this paragraph. 5.4.1.4 Municipal Officials Municipal officials should not deny an applicant the license based on information in the record until the applicant has been afforded a reasonable time to correct or complete the information, or has declined to do so. The Police Department shall communicate the results of fingerprint -based (P,5-4L_ criminal record background checks to the appropriate governmental licensing authority within the Town as listed. The Police Department shall indicate whether the applicant has been convicted of, or is awaiting final adjudication for, a crime that bears upon his or her suitability or any felony or misdemeanor that involved force or threat of force, controlled substances or a sex - related offense. 5.4.1.5 Regulations The Board of Selectmen, is authorized to promulgate regulations for the implementation of the proposed bylaw, but in doing so it is recommended that they consult with the Chief of Police, Town Counsel and the Massachusetts Executive Office of Public Safety and Security (or its successor agency) to ensure that such regulations are consistent with the statute the FBI's requirements for access to the national database and other applicable state laws. 5.4.2 Use of Criminal Record by Licensing Authorities Licensing authorities of the Town shall utilize the results of fingerprint -based criminal record background checks for the sole purpose of determining the suitability of the subjects of the checks in connection with the license applications specified in this bylaw. A Town licensing authority may deny an'application for a. license on the basis of the results of a fingerprint -based criminal record background check if it determines that the results of the check render the subject unsuitable for the proposed occupational activity. The licensing authority shall consider all applicable laws, regulations and Town policies bearing on an applicant's suitability in making this determination. The Town or any of its officers, departments, boards, committees or other licensing authorities is hereby authorized to deny any application for, including renewals and transfers thereof, for any person who is determined unfit for the license, as determined by the licensing authority, due to information obtained pursuant to this bylaw. 5.4.3 Fees the fee charged by the Police Department for the purpose of conducting fingerprint -based criminal record background checks shall be determined by the Board of Selectmen and shall not exceed one hundred dollars ($100). The Town Treasurer shall periodically consult with Town Counsel and the Department of Revenue, Division of Local Services regarding the proper municipal accounting of those fees. A portion of the fee, as specified in M.G.L. Chapter 6 Section 172B '/z shall be deposited into the Firearms Fingerprint Identity Verification Trust Fund, and the remainder of the fee may be retained by the Town for costs associated with the administration of the fingerprinting system. 5.4.4 Effective Date This bylaw shall take effect May 4, 2012 so long as the requirements if M.G.L. Chapter 40 Section 32 are satisfied. O s�z TO: Board of Selectmen From: Peter I. Hechenbleikner, Town Manager Date: Thursday, January 03, 2013 Re: Sidewalk project — FY 2014 For FY 2014 there are 2 priority sidewalk projects as discussed by the Board of Selectmen when sidewalk priorities were set 2 years ago. We need direction from the Board of Selectmen now as we put together the FY 2014 budget and Capital Improvement program. The 2 projects are: ♦ Vine Street —Mineral Street to High Street —East Side with.x -walk to T platform - $118,000 including granite curb; ♦ Prescott Street— Summer Avenue to West Street —north or south side $85,000 including granite curb PTTTF priority would be Vine Street because of level of pedestrian activity a Pano 1 ,fib COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Officer's Return, Reading: By virtue of this Warrant, I, on 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 January 28, 2013 the date set for the Town Meeting in this Warrant. I also caused a posting of this Warrant to be published on the Town of Reading website on A true copy Attest: Laura Gemme, Town Clerk , Constable (9 TOWN WARRANT 0� OFRp,_' HC 'F H f b INCORp�� 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 Monday, January 28, 2013, at seven - thirty o'clock in the evening, at which time and place the following articles are to be acted upon and determined exclusively by Town Meeting Members in accordance with the provisions of the Reading Home Rule Charter. ARTICLE 1 To hear and act on the reports of the Board of Selectmen, Town Accountant, Treasurer - Collector, Board of Assessors, Director of Public Works, Town Clerk, Tree Warden, Board of Health, School Committee, Contributory Retirement Board, Library Trustees, Municipal Light Board, Finance Committee, Cemetery Trustees, Community Planning & Development Commission, Conservation Commission, Town' Manager and any other Board or Special Committee. Board of Selectmen ARTICLE 2 To choose all other necessary Town Officers and Special Committees and determine what instructions shall be given Town Officers and Special Committees, and to see what sum the Town will raise by borrowing or transfer from available funds, or otherwise, and appropriate for the purpose of funding Town Officers and Special Committees to carry out the instructions given to them, or take any other action with respect thereto. Board of Selectmen ARTICLE 3 To see if the Town will vote to amend the FY 2013 - FY 2022, Capital Improvements Program as provided for in Section 7 -7 of the Reading Home Rule Charter, or take any other action with respect thereto. Board of Selectmen ARTICLE 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 amended under Article 4 of the November 13, 2012 Subsequent Town Meeting 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. Finance Committee (9 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 ARTICLE 6 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, moving, temporary relocation, 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 ARTICLE 7 To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent domain the land, easements, and rights therein, and all right, title, and interest in water mains and drainage systems, manholes, pipes, appurtenances thereto located within Old Pearl Street, consisting of two portions of Old Pearl Street shown as "Lot A" and "Lot B" on the plan entitled "Old Pearl Street Taking And Discontinuance Plan ", prepared by Bay State Surveying Associates, dated January 2, 2013, showing the two portions of Old Pearl Street to be taken by eminent domain; and Further to see if the Town will vote to discontinue as a public way for all purposes pursuant to M.G.L. c. 82, §21 the two portions Old Pearl Street shown as Lot A and Lot B on said plan, subject to the reservation of any and all utility and drainage facility easements in said way; and Further to see if the Town will vote to transfer the care, custody, control and management of said discontinued Old Pearl Street and "Lot C" and "Lot D" as shown on said plan from the Board of Selectmen for public purposes, to the Board of Selectmen for the purpose of conveyance, and Further to see if the Town will vote to authorize the Board of Selectmen pursuant to M.G.L c. 40, §3 to convey all or any part of the Town's right, title and interest in said discontinued Old Pearl Street and the above - referenced "Lot C" and "Lot D" upon such terms and conditions, and for such consideration as the Board of Selectmen deem to be in the best interest of the Town, or take any other action thereon. Board of Selectmen Alternate Article 7 ARTICLE 7 To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent domain the land, easements, and rights therein, and all right, title, and interest in water mains and drainage systems, manholes, pipes, appurtenances thereto located within Old Pearl Street, consisting of two portions of Old Pearl Street shown as "Lot A" and "Lot B" on the plan entitled "Old Pearl Street Taking And Discontinuance Plan ", prepared by Bay State Surveying Associates, dated January 2, 2013, showing the two portions of Old Pearl Street to be taken by eminent domain; and Further to see if the Town will vote to discontinue as a public way pursuant to M.G.L. c. 82, §21 for all purposes the twe portions of Old Pearl Street shown as Lot A and Lot B on said plan, subject to the reservation of any and all utility and drainage facility easements in said way; and z� Further to see if the Town will vote to transfer the care, custody, control and management of said discontinued portion of Old Pearl Street (Lot A) and "Lot C" and "Lot D" as shown on said plan from the Board of Selectmen for public purposes, to the Board of Selectmen for the purpose of conveyance, and Further to see if the Town will vote to authorize the Board of Selectmen pursuant to M.G.L c. 40, §3 to convey all or any part of the Town's right, title and interest in said Lot A di6GORtiRued Old Read StFeet and the above - referenced "Lot C" °^^'a--Lot W upon such terms and conditions, and for such consideration as the Board of Selectmen deem to be in the best interest of the Town, or take any other action thereon. Board of Selectmen ARTICLE 8 To see if the Town will vote to authorize the Board of Selectmen to accept the conveyance of an easement for construction and maintenance of a bus shelter located at 25 Walkers Brook Drive which easement is shown on a plan entitled "ACCESS EASEMENT LOCATED AT 25 WALKERS BROOK DRIVE, READING, MA" upon such terms and conditions and for such consideration as the Board of Selectmen deems to be in the best interest of the Town, or take any other action with respect thereto Board of Selectmen ARTICLE 9 To see if the Town will vote pursuant to Mass. Gen. Laws c. 40, §15, to authorize the Board of Selectmen to abandon a drainage easement and release any right, title or interest that may be held by the Town on a portion of land owned by Jeffry Hardy and Alison Hardy, located at 518 Summer Avenue, Reading, Middlesex Country, Massachusetts; said drainage easement is shown as "Proposed 15' Wide Drain Easement ", on a plan entitled "Plan Of Land In Reading Massachusetts Drain Easement 518 SummerAve ", dated October 19, 1990 ", which plan is which plan is recorded at the Middlesex South District Registry of Deeds as Plan No. 209 of 1992, and recorded at Book 21871, Page 524; and which easement was taken by Order of Taking of the Reading Board of Selectmen dated November 19, 1991, and recorded at said Registry Book 21871, Page 535; and To see if the Town will vote to authorize the Board of Selectmen, pursuant to Mass. Gen. Laws c. 40, §3, to accept a 1,876 square ft. drainage easement from Jeffrey Harding and Alison Hardy on the property located at 518 Summer Avenue, Reading, all as shown on a plan entitled "Proposed Relocation of 15'Wide Drain Easement in Reading, Mass.; Prepared for: Jeffrey Hardy; Middlesex Survey, Inc.; Scale: 1" = 20'; dated November 28, 2012; or to take any other action relative thereto. Board of Selectmen ARTICLE 10 To see I fthe Town will vote to amend portions of Section 6.2 of the Zoning Bylaw of the Town of Reading as follows (sFess -ems represents language to be deleted, bold represents language to be added) 6.2.2 Definitions m. Off - Premises Sian: Any sign conveying a commercial or non - commercial message, located off -site, on land that is leased or rented which directs attention to a business, commodity, service, entertainment venue, attraction or other commercial or non - commercial activity. whiGh is sold, offeFed OF existing elsewheFe than upon the same let on whiGh SUGh sign 06 IGGated, Off - Premises Signs shall includeing any outdoor advertising sign ( "billboard ") or Electronic Sign defined as a sign that changes its message or copy at intervals by programmable electronic, digital, or mechanical processes or by remote control. en -whir# 6.2.5 Prohibited Signs (0 d. Signs which contain a beacon of any type; which contain a spot light providing direct illumination to the public; which flash, revolve, rotate, move, or blink, or which fluctuate in light intensity; animated signs; that is, which use lighting to depict action or to create an illusion of movement or a special effect or scene except as allowed under Paragraph 6.2.6.3.1. e. Any self - illuminated or backlit signs which use LCD, LED, electronic messaging or digital technology, neon or similar signs except as displayed on the inside of windows subject to the provisions of Paragraph 6.2.6.2.c or used in an off- premises sign subject to the provision of Paragraph 6.2.6.3.1. 6.2.6.3 Signs in Business -A Zoninq Districts 6.2.6.3.1 Off - Premises Signs: In a Business A Zoning District the Board of Appeals may grant a Special Permit for an Off Premises Sign. This includesiAg an outdoor advertising sign ( "billboard ") ZOR*Rg- Bis#Fist or Electronic Sign under the following conditions: a. The proposed sign shall be in a Business A district immediately abutting an Interstate Highway, and within 25 feet of the main right of way of such highway excluding on and off ramps; b. The placement of the proposed sign shall be conditioned upon the elimination, within a 5 year period of the effective date of the Special Permit, of no less than three non - conforming Off Premises signs elsewhere in the Town of Reading; c. There shall be no more than one Off Premises sign on any one lot that existed as a separate lot at the time of adoption of this section; d. The sign may be double sided with no greater than a 30 degree angle of separation between the two faces; e. heuFs of 6:00 p.m. to 10:00 .; e. The sign shall not exceed 675 square feet on each of the two permitted faces; The maximum height of any Off Premises sign shall be 95 feet from the ground level upon which the sign is installed to the highest point of the structure; g. The nearest part of any Off Premises sign shall be no closer than 20 feet from an abutting property, and no less than 10 feet from the highway right of way; and h. The proposed use shall not be detrimental to the public good. or take any other action with respect thereto. Board of Selectmen 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 January 28, 2013, 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 8th day of January, 2013. , Constable Stephen A. Goldy, Chairman Ben Tafoya, Vice Chairman Richard W. Schubert, Secretary John J. Arena James Bonazoli SELECTMEN OF READING 30 Alternate Article ARTICLE 7 To see if the Town will vote to authorize the Board of Selectmen to acquire by eminent domain the land, easements, and rights therein, and all right, title, and interest in water mains and drainage systems, manholes, pipes, appurtenances thereto located within Old Pearl Street, consisting of two portions of Old Pearl Street shown as "Lot A" and "Lot B" on the plan entitled "Old Pearl Street Taking And Discontinuance Plan ", prepared by Bay State Surveying Associates, dated January 2, 2013, showing the two portions of Old Pearl Street to be taken by eminent domain; and Further to see if the Town will vote to discontinue as a public way for all purposes the twe portions Old Pearl Street shown as Lot A and -Let B on said plan, subject to the reservation of any and all utility and drainage facility easements in said way; and Further to see if the Town will vote to transfer the care, custody, control and management of said discontinued Old Pearl Street and "Lot U and "Lot D" as shown on said plan from the Board of Selectmen for public purposes, to the Board of Selectmen for the purpose of conveyance, and Further to see if the Town will vote to authorize the Board of Selectmen pursuant to M.G.L c. 40, §3 to convey all or any part of the Town's right, title and interest in said discontinued Old Pearl Street and the above - referenced "Lot C" and "Lot D" upon such terms and conditions, and for such consideration as the Board of Selectmen deem to be in the best interest of the Town, or take any other action thereon. Board of Selectmen PROJECT COSTS $11,787,116 $14,480,969 $2,693,853 22.9% Public project description $12,100,000 $14,500,000 $2,400,000 19.8% State Grant(rounded) $5,100,000 $5,100,000 $0 100.0% Town's share $7,000,000 $9,400,000 $ 2,400,000 34.3% per $400,000 single family home for 10 years r $104 $140 2010 2013 Change Change Discussion Construction $8,189,218 $9,069,471 $880,253 10.7% Increase in materials and labor costs - no change in scope Project also now quoted for summer 2014 instead of 2012 Design Contingency $476,953 $858,445 $381,492 80.0% Elements that may have to be changed during design devel. Est. increased from 5.8% to 9.5% due to market conditions $ 8,666,171 $ 9,927,916 $ 1,261,745 14.6% Architect/Enginner Fees $ 900,000 $1,188,000 $288,000 32.0% Est. increased from 11% to 13% due to market conditions Other Professional Fees $ 404,500 $370,053 - $34,447 -8.5% Some fees already paid $ 1,304,500 $ 1,558,053 $ 253,553 19.4% Furnishings and Equipment $863,000 $883,000 $20,000 2.3% $250,000 $250,000 100.0% Book conveyor belt system and RFID' checkout system $ 863,000 $ 1,133,000 $ 270,000 31.3% omitted in error in original estimate Moving and Temporary Quarters $160,000 $546,000 $386,000 241.3% Poor original estimate Project Contingency $663,445 $1,320,000 $656,555 99.0% Conditions that may arise during construction that can't be anticipated ahead of time, particularly re old building and fixed site with no flexibility, e.g.: ledge, asbestos, problems digging foundation for elevator, etc. Contingency amounts were set very low initially (7 %) because of weak construction market conditions at the time. New estimate revised up to 12% Miscellaneous Costs $130,000 $130,000 $0 0.0% Offset from Library state aid fund - $134,000 - $134,000 - 100.0% 'Library has saved up state aid to put towards RFID system PROJECT COSTS $11,787,116 $14,480,969 $2,693,853 22.9% Public project description $12,100,000 $14,500,000 $2,400,000 19.8% State Grant(rounded) $5,100,000 $5,100,000 $0 100.0% Town's share $7,000,000 $9,400,000 $ 2,400,000 34.3% per $400,000 single family home for 10 years r $104 $140 LEGAL NOTICE -- - -'O`�' OFRFa�iy : -- -- G � '�'9•txcoae° ' I TOWN OF READING NOTICE OF PUBLIC HEARING To the. Inhabitants of the Town-of'Reading: You are hereby notified that ' an -application for an All Alcohol - Restaurant Liquor License has been applied for by RKR Corp.. d /b /a Bunratty Taverp: The j application is for *the p yeRnises at 622 Main Street, Reading, Massachusetts. Under the provisions: of Chapter 138, Section 15 �f•the ' Massachusetts General Laws, a public hearing. Will be *held by the Board of Selectm &n con- cerning this application -on Tuesday, January 8, 2013 at 8:30 p.m. in the Selectmen's..; Meeting Room,. 16 " :0veil Street, Reading, Massachusetts. A copy of the. proposed Vc�—, ument regarding this topio is available in the Town Manager's office, 16.Lorivell Street, Reading, MA, KW- Ttiurs from 7:30 a.m. - 1:30 p.m.,.Tues from 7:30:a.nn, -. 7:00 p.m. and Is attached tathe hearing notice on the we mife at www readingma.gov All Interested. parties are Invited to attend the hearing, or. may submit their commenss in writing or by email. prior to 6:00 p.m. on.January'8, 2.018 to townmanagerG cl.reading.m'a.u. _s By order of Peter 1. Hechenbleikner Town Manlger 12/18 0�3S, �:,� 12117/2012 TOWN OF READING ABUTTERS LIST FOR READING BOARD OF ASSESSORS x (o� STONEHAM PLANNING BOARD 35 CENTRAL ST STONEHAM MA 02180 WAKEFIELD PLANNING BOARD 1 LAFAYETTE STREET WAKEFIELD MA 01880 LYNNFIELD PLANNING BOARD 55 SUMMER STREET LYNNFIELD MA 01940 MASS DEPT OF HOUSING & COM, DEV. ONE CONGRESS-ST 10TH FLR BOSTON MA 02114 WILMINGTON PLANNING BOARD 121 GLEN ROAD WILMINGTON MA 01887 NORTH READING PLANNING BOARD 235 NORTH STREET NORTH READING MA 01864 WOBURN PLANNING BOARD 10 COMMON STREET WOBURN MA 01801 METRO AREA PLANNING COUNCIL 80 TEMPLE PLACE BOSTON MA 02111 PROP ID OLD_PROP ID OWNERI OWNER2 OWN -ADDR OWN CITY OWN ST. OWN _ZIP 2460160000002920 2460540000000046 LJH 169 HAVEN STREET LLC 21 ANGLEWOOD LN NORTH READING MA 01864 2460180000002930 2460540000000050 CROSBY JOHN K ETAL TRS J & B CROSBY REALTY TRUST 175 HAVEN ST READING MA 01867 2480170000001840 2480650000001040 LIAKOS TRIANTAFYLLIA ETAL 10 RAWSON RD ARLINGTON MA 02174 2460170000000300 2480540000000060 MAIN STREET READING LLC C/O C &S CAPITAL PROPERTIES LLC 51 MAIN ST STONEHAM MA 02180 2460210000000320 2460640000000176 READING CO-OPERATIVE BANK 180 HAVEN ST READING MA 01867 2460210000000250 2460640000000130 SANBORN ST PROPERTIES LLC 11 BITTERSWEET LN SOUTH HAMILTON MA 01982 2460210000000260 2460640000000140 HOME BDG CORP OF READING COUN KNIGHTS OF COLUMBUS INC 15 SANBORN ST READING MA 01867 2460210000000270 246064000000014A GLS PROPERTIES LLC 34 COOLIDGE AVE HAVERHILL MA 01832 2460210000000280 248064000000014B HOME BDG CORP OF READING CNCL KNIGHTS OF COLUMBUS INC 11 SANBORN ST READING MA 01867 2460210000000290 2460640000000150 READING CO- OPERATIVE 180 HAVEN ST READING MA 01867 2460210000000300 2460840000000160 READING CO- OPERATIVE BANK 180 HAVEN STREET READING MA 01867 2460210000000310 246064000000017A READING COOPERATIVE BANK 180 HAVEN STREET READING MA 01867 2480220000000010 2460640000000010 HAVEN PROPERTIES LLC 275 MISHAWUM ROAD WOBURN MA 01801 2460220000000020 246064000000003B MU MAY THOMAS CHOU 632 MAIN STREET READING MA 01867 2460220000000030 2460640000000040 TOWN OF READING PARKING AREA 16 LOWELL ST READING MA 01867 2460220000000040 246064000000004A MU MAY THOMAS CHOU 832 MAIN STREET READING MA 01867 2480220000000050 246084000000005& NEW ENGLAND PROPERTIES 739 CREEKS EDGE CHARLESTON SC 29412 2460220000000060 246064000000005A TOWN OF READING PARKING 16 LOWELL ST READING MA 01867 2460220000000350 246065000000120 & MAIN HAVEN LLC 12 LATHAM LN READING MA 01867 2460220000000380 2460850000001220 625 MAIN ST ASSOCIATES LLC C/O CAPITAL PROPERTIES ASSOC 115 BROADWAY 3RD FL NEW YORK NY 10006 2460220000000370 2460650000001240 AEQUANIMITAS LLC 643 MAIN ST READING MA 01867 FOR READING BOARD OF ASSESSORS x (o� Town of Reading 16 Lowell Street Reading, MA 01867 -2683 MEMORANDUM TO: Peter Hechenbleikner FROM: Ruth Clay RE: Bunratty's Tavern DATE: December 27, 2012 HEALTH Phone: (781) 942 -9061 Fax: (781) 942-9071 Website: www.readinema.uov Bunratty's Tavern has submitted material for their Plan Review. We are currently waiting for additional information to complete our review process. 3 � se3 READING POLICE DEPARTMENT 15 Union Street - Reading, Massachusetts 01867 Emergency Only: 911 - All Other Calls: (781) 944 -1212 - Fax: (781) 944 -2893 Web: www.ci.reading.ma.us /police/ EXECUTIVE SUMMARY New Liquor License -RKR Corp. d/b /a Bunratty Tavern January 2, 2013 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 a New Liquor License for RKR Corp. d/b /a Bunratty Tavern which will be located as 622 Main Street. This application will be going before the Board of Selectmen at their meeting on January 08, 2013. Officers, directors, stockholders and manager: 1) President/Manager: Manager: Eilish Havey 3) President: James Havey Ownership Interests: 1) Eilish Havey -50% stock ownership 2) James Havey -50% stock ownership I find no reason why the license application should not go forward. Respectfully Submitted, S& M11144 �� — C S . Detective Mark D. Segalla Criminal Division Commander 0 S"q Schena, Paula From: Delios, Jean Sent: Friday, December 28, 2012 2:00 PM To: Schena, Paula; Cormier, Jim; Ruth L. Clay in Melrose Subject: RE: liquor license application My only comment is that the projected date of opening appears as October, 2012. 1 am not sure what their timeline is, it may depend on the overall schedule for the building as to when the "vanilla box" is being delivered to the tenant. As you know, this has been a difficult project to track particularly since they are renovating an old building. Jean J. Delfos Coininunity Services Director/Town Planner Town of Reading 16 Lowell Street Reading, ?vLA 01867 -2685 (P) 781 -942-6612 (F) 781- 942 -9071 Town Hall Hours as of .Tune 7, 2010 M, w, Th: 7:30 a.m. - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. FRIDAY: CLOSED j_delios @ci.reading.ma.us www.readingma.gov httpWreadingma- survey.virtualtownhaR.net/survey/sid/`de8bdaal6db9e6b4/ From: Schena, Paula Sent: Wednesday, December 26, 2012 4:00 PM To: Cormier, Jim; Delios, Jean; Ruth L. Clay in Melrose Subject: liquor license application Please see attached application for a liquor Iitense. This is on the Selectmen's agenda on January 81h. Please review and submit any comments by January P. Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781 - 942 -6643 Fax: 781 - 942 -9071 pschenaCc)-ci. reading. 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- survey virtualtownhall. net /survey /sid /7c8844ebldecd098/ S� The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.massgov/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 1 1 Reading ABCC License Number City/Town TRANSACTION TYPE (Please check all relevant transactions): 0 New License New Officer /Director Pledge of License Transfer of license Change of Location Pledge of Stock Change of Manager Alteration of Licensed Premises Transfer of Stock Cordials /Liqueurs Permit M Issuance of Stock F] New Stockholder E] For Reconsideration 01/08/2013 Local Approval Date Change Corporate Name Seasonal to Annual Change of License Type Other 6 -Day to 7 -Day License Management/Operating Agreement El Wine & Malt to All Alcohol Name of Licensee RKR Corporation EIN of Licensee 45- 5504777 D /B /A BunrattyTavern Manager Eilish Havey ADDRESS: 622 Main Street CITY/TOWN: Reading STATE EJ ZIP CODE 01867 Annual All Alcohol Restaurant Annual or Seasonal Category: (All Alcohol- Wine & Malt Wine, Type: (Restaurant, club, Package • Malt & cordials) Store, General On Premises, Etc.) :omplete Description of Licensed Premises: Single story premises with basement, both approx 3200 square feet. Center Entrance Door from Main Street, Lounge Seating to left of door, dining seating to right. Bar on left hand side wall. Casual seating in center. Two doors on right hand side outer wall to outside (one to patio other to walkway). Bathrooms M/F along back Wall. Traditional restaurant seating in back portion of premises. Staircase on left hand side wall down to basement which holds kitchen, dry/cold storage, beer walk -in, office and staff restrooms, mop room, mechanical and electrical rooms. Outdoor seating for seasonal use with entrance through restaurant. Application Filed: Dec 13, 2012 Advertised: Dec 18, 2012 Abutters Notified: Yes No Date & Time Date & Attach Publication Licensee Contact Person for Transaction Eilish Havey Phone: 617- 861 -5744 ADDRESS: 422 Park Street CITY/TOWN: North Reading STATE MA ZIP CODE 01864 Remarks: The Local Licensing Authorities By: Alcoholic beverages t- ontroi t_Ommission Ralph Sacramone Executive Director ABCC Remarks: 3 Se-(V [--print Form The Commonwealth ofMassachusetis Alcoholic Beverages Control Commission mum 239 Causeway Street Boston, MA 02114 www. mass. gov/a&cc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON -LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) (y] CHECK NUMBER / IF USED EPAY, CONFIRMATION NUMBER -� A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) LICENSEE NAME JRKR Corp, dba Bunratty Tavern ADDRESS 1622 Main Street I CITY/TOWN Reading STATE ZIP CODE 101867 I TRANSACTION TYPE (Please check all relevant transactions): ❑ Alteration of Licensed Premises ❑ Cordials/Liqueurs Permit ❑New Officer /Director ❑Transfer of License ❑ Change Corporate Name ❑ issuance of Stock ❑ New Stockholder [] Transfer of Stock ❑ Change of License Type ❑ Management/Operating Agreement ❑ Pledge of Stock ❑ Wine & Malt to All Alcohol ❑ Change of Location ❑ More than (3) §75 ❑ Pledge of License ❑ 6 -Day to 7 -Day License ❑ Change of Manager ❑X New License ❑ Seasonal to Annual ❑ Other I THE LOCAL-LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION a P. 0. BOX 3396 BOSTON, MA 02241 -3396 w -v v APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE city/Town 'KtAUINU 1 7017 DEC 13 FN 1: 1. LICENSEE INFORMATION: A. Legal Name /Entity of Applicant:(Corporation, lLLC or individual) IRKR CORPORATION B. Business Name (if different) : BUNRATTY TAVERN C. Manager of Record: EILiSH HAVEY D. ABCC License Number (for existing licenses only) E.Address of Licensed Premises 622 MAIN STREET City/Town: READING State: a Zip: 01867 F. Business Phone: G. Cell Phone: i H. Email: EILISHHAVEY @AOL.COM I. Website: WaiCng address (if different from E.): 422 PARK STREET City/Town: NORTH READING State: Zip: 01864 TRANSACTION: 0 New License ❑ New officer/Director ❑ Transfer of Stock ❑ Issuance of Stock ❑ Pledge of Stock ❑ Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement ❑ Pledge of License The following transactions must be processed as new licenses: ❑ Seasonal to Annual ED (6) Day to WD ay License ❑ Wine & Malt to All Alcohol ATTAOiMENTS (1): The applicant must attach a vote of the entity authorizing all requested transactions, including the ; of a Manager of Record or principal representative. TYPE OF §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On- Premises ❑ §12 Tavern (No Sundays) ❑ §15 Package Store LICENSE © All Alcoholic Beverages ❑Wine & Malt Beverages Only ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordials/Liqueurs Permit S. LICENSE CLASS: ❑X Annual ❑ Seasonal (LOO se8 6. CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: 1EILISH HAVEY ADDRESS: 1422 PARK STREET CITY/TOWN: NORTH READING STATE: MA ZIP CODE: 01864 CONTACT PHONE NUMBER: 1(617) 861 -5744 —� FAX NUMBER: EMAIL: EILISHHAVEY @AOL.COM iCRIPTION OF PREMISES: provide a complete description of the premises to be licensed. Please note that this must be identical to the description on the Form 43.. SINGLE STORY PREMISES WITH BASEMENT, BOTH APPROX 3200 SQUARE FEET. CENTER ENTRANCE DOOR FROM MAIN STREET, LOUNGE SEATING TO LEFT OF DOOR, DINING SEATING TO RIGHT. BAR ON LEFT HAND SIDE WALL CASUAL SEATING IN CENTER. TWO DOORS ON RIGHT HAND SIDE OUTERWALL TO OUTSIDE ONE TO PATIO OTHER TO WALKWAY), BATHROOMS (M /F) ALONG BACK WALL TRADITIONAL RESTAURANT SEATING IN BACK PORTION OF PREMISES. STAIRCASE ON LEFT HAND SIDE WALL DOWN TO BASEMENT WHICH HOLDS KITCHEN, DRY /COLD STORAGE, BEER WALK -IN. OFFICE AND STAFF RESTROOMS, MOP ROOM, MECHANICAL AND ELECTRICAL ROOMS. OUTDOOR SEATING FOR SEASONAL USE WITH ENTRANCE THROUGH RESTAURANT. Total Square Footage: 3200 Number of Entrances: 1 Number of Exits: 5 Occupancy Number. 1200 Seating Capacity: 194 i 'ATTACHMENTS (2): The applicant must attach a floor plan with dimensions and square footage for each floor & room. 8. OCCUPANCY OF PREMISES: By what right does the applicant have possession and /or legal occupancy of the premises? Final Lease xrrANT ATTACHMENTS (3): The applicant must submit a copy of the final lease or documents evidencing a right to occupy the premises. ' Other Landlord is a(n): LLC Other Name: HAVEN PROPERTIES, C/O MAWN & MAWN, PC Phone: 781933 6650 Address: 275 MISHAWUM ROAD City/Town: WOBURN State: a. Zip: 01801 Initial Lease Term: Beginning Date 06/2112012 Ending Date 06/20/2017 Renewal Term: 5 YEARS Options /Extensions at: 3/5 ' Years Each Rent: $80,000.00 Per Year Rent: $6,666.00 Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes ❑ No ❑X IMPORTANT ATTACHMENTS(4): 1. if yes, the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in §10 and must submit a completed Personal Information Form attached to this application. 2. Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3. If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate, the applicant must still provide a lease between the two entities. rTO, 11 9. LICENSE STRUCTURE: The Applicant is a(n): Corporation If the applicant is a Corporation or LLC, complete the following: State of Incorporation /Organization: MA Is the Corporation publicly traded? yes E] No pX Other: Date of Incorporation /Organization: 06/17/2012 10. INTERESTS IN THIS LICENSE: Ust all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) and any person or entity with a direct or indirect, beneficial or financial interest in this license (e.g. landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS (5): A. All individuals or entities listed below are required to complete a Personal Information Form. B. All shareholders, LLC members or other Individuals with any ownership in this license must complete a CORI Release Form. Name All Titles and Positions Specific # of Stock or % Owned Other Beneficial Interest EILISH HAVEY PRESIDENT s0 JAMES HAVEY PRESIDENT s0 *If additional space is needed, please use last page. 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual fisted In §10 have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑ No If yes, list said interest below: Name License Type licensee Name & Address Please Select IPlease Select Please Select Please Select Please Select Please Select - Please Select *If additional space is needed, please use last page. (q ) se I t2 12. PREVIOUSLY HELD INTERESTS IN OTHER LICENSES: Has any individual listed in §10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes ❑ No ❑X If yes, list said interest below: Name Licensee Name & Address Date Reason Terminated Please Select ' Please Select Please Select OF LICENSE DISIPLINARY ACTION: Have any of the disclosed licenses to sell alcoholic beverages listed in §11 and /or §12 ever been suspended, revoked or cancelled? Yes ❑ No 0 if yes, list said interest below: I. Date . I license I Reason of Suspension, Revocation or Cancellation I AND RESIDENCY REQUIREMENTS FOR A For Individual(s): Are you a U.S. Citizen? Are you a Massachusetts Residents? PACKAGE STORE LICENSE ONLY: For Corporation(s) and LLC(s) : Are all Directois /LLC Managers U.S. Citizens? Are a majority of Directors /LLC Managers Massachusetts Residents? Yes ❑ No ❑ Yes ❑ No Yes ❑ No ❑ I Yes ❑ No ❑ Is the License Manager or Principal Representative a U.S. Citizen? j Shareholder(s), Member(s), Director(s) and Officer(s): Yes ❑ No ❑ Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty -one (21) years old? 15. CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR ( §12) RESTAURANT; HOTEL, CLUB, VETERANS CLUB LICENSE ONLY: A.) For Individual(s): 1. Are you a U.S. Citizen? ,B.) For Corporation(s) and LLC(s) 1. Are a majority of Directors/LLC Managers NOT U.S. Ctizen(s)? UN YKCMIJC, I AV cnn, 2. Is the License Manager or Principal Representative a U.S. Citizen? C.) Shareholder(s), Member(s), Director(s) and Officer(s): 1.. Are all Shareholders, Members, Directors, LLC Managers and Officers involved at least twenty -one (21) years old? Yes 0 No Yes ❑ No 0 Yes ❑X No E] Yes ❑X No OZN .1 J COSTS ASSOCIATED WITH LICENSE TRANSACTION: A. Purchase Price for Real Property: B. Purchase Price for Business Assets: C. Costs of Renovations /Construction: $100,000.00 D. Initial Start-Up Costs: �— —� IMPORTANT ATTACHMENTS (6): Submit any and all records, documents and affidavits including E. Purchase Price for Inventory: $50,000.00 loan agreements that explain the source(s) of money for this transaction. Sources of cash must F. Other: (Specify) include a minimum of three (3) months of bank —� statements. G: TOTAL COST $150,000.00 H. TOTAL CASH $150.000•W The amounts listed in subsections (H) and (1) 1. TOTAL AMOUNT FINANCED $0.00 must total the amount reflected in (G). 17. PROVIDE A DETAILED EXPLANATION OF THE FORM(S) AND SOURCE(S) OF FUNDING FOR THE COSTS IDENTIFIED IN r,-s nkiri i inr n namr, MIIRTGAGES. LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): - OF HOME MORTGAGE BY OWNERS additional space is needed, please use last page. LIST EACH LENDER AND 1 DERIVE: Name AMOUNT(S)FROM WHICH "TOTAL Dollar Amount Type of Financing 1 B. Does any individual or entity listed in §19 as a source of financing have a direct or indirect, beneficial or financial interest in this license or any other license(s) granted under Chapter 138? Yes ❑ No ❑X If yes, please describe: iM n P 19. PLEDGE: (i.e. COLLATERAL FOR A LOAN) A.) Is the applicant seeking approval to pledge the license? ❑ Yes ONO 1. If yes, to whom: 2. Amount of Loan: 3. Interest Rate: 4. Length of Note: S. Terms of Loan: B.) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes No 1. if yes, to whom: 2. Number of Shares: C. ) Is the applicant pledging the inveritory? ❑ Yes ❑X No If yes, to whom: IIMPORTANT ATTACHMENTS (7): If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of the Corporation /I.W.approving the pledge. 20. CONSTRUCTION OF PREMISES: Are the premises being remodeled, redecorated or constructed in any way? If YES, please provide a description of the work being performed on the premises: Q Yes ❑ No LANDLORD PROVIDING A'VANILLA BOX' INCLUDING HVAC, SPRINKLERS, ALL UTILITIES INTO BUILDING, RESTORING OUTER STRUCTURE INCLUDING NEW WINDOWS AND DOORS, TENANTS REDECORATING INTERIOR OUTFITTING WITH NECESSARY FIXTURES AND FITTIP(GS FOR FULL SERVICE RESTAURANT INCLUDING FULL BAR, FULL KITCHEN, STOCKISTORE ROOMS, BATHROOMS (TOTAL 7 ON MAIN FLOOR FOR CUSTOMERS AND 2 IN BASEMENT FOR STAFF) 21. ANTICIPATED OPENING DATE: IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED seA3 >C z < Z m 9 Z x � --i z p M .0t i I E r CA 100 Lt -to-w w+w 1 �m • 107V ZIOZ'Atli"I' Z ZIOUIS0O rw..w oum7m'rtoleoe it SU61S8Q• suoljnlon -a N 6� S MY= tm US - ., uuuuuI ME mm Em i no r■ m m u u i 5TN r Imig NMS m -- 2= .0■ .0■ .� ■..■ , _: - W.M -_ no-Wong is gyp■ ''� S • Ord 11711 3 rnoroe o e- o u ions - Designs OMON, MU 02118 nyrx.� C05172012 ro+. 21 -MAY -2012 .w� X2.00 o� m 00 -10-12 06 -10-12 Nfl, CL J jami c� z z0: W Q 1..o � � LEGAL NOTICE ..TOWN OF READING To the Inhabitants of the Town of Reading: Please take notice that the Board of Selectmen of- the Town of Reading will hold a public hearing on .January 8, 2013 at -8:45 p.m. in" the Selectmen's Meeting Room'.. 16* Lowell Street, Reading, Massachusetts "on.an applica -. tion for a. Waiver of Flours of. Operation for .24 hour use for Snap" Fitness - at 30. Haven Street: A copy of the proposed. document regarding:this topic" is available in the Towi n ' Manager's, office, 16-Cowell 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.readingma.gov All "interested" parties _are invited to "attend the .hearing, or may submit their com- ments in writing or.. by email prior to. 6:00 p.m. on January . 8, - 2013 to townmanager@ci:reading.ma .us By order of Peter I. Hechenbleikner Town Manager 12.31.12 N� SF� December 14, 2012 Mr. Peter I. Hechenbleikner Town of Reading 16 Lowell Street Reading, MA 01867 Dear Peter, Thank you for taking the time to speak with me this morning. I really appreciate you, Jean, and Jessie taking the time to meet with me to discuss the possibility of opening a SNAP Fitness franchise in Reading. I have looked in to several other health club franchises and have found SNAP to be one of the most professional and well run organizations that I have been exposed to. SNAP provides a comfortable, welcoming atmosphere for members to improve their health and wellness. SNAP Fitness is unique in that its clubs provide their members with access to the club 24 hours per day 7 days per week. This model is an excellent alternative to the operational hours of a typical health club as it affords its members, particularly those in bedroom communities such as Reading, with a tremendous amount of flexibility in their workout schedules. ` In order to provide its members and the surrounding community with the upmost safety and security, each location is equipped with a state of the art security system. Each member is given a key card when they sign up and only members are permitted access during non - traditional hours. The panic system for all SNAP Fitness clubs Is a Honeywell Lynx panel connected to Nighthawk security using enhanced two way voice. The door access system is an HID proxy reader system that uses Middleware access control software to allow only members access. Upon entrance to the club a DVR based camera system records all motion. The club would be staffed approximately 60 -70 hours per week with additional hours of coverage from personal trainers. At our meeting you had also expressed some concerns about the potential for noise disturbing businesses and residence around the club. SNAP facilities typically either play music quietly or not at all. I do not intend to have a stereo system of any kind in the club. Members will either watch one of the televisions or listen to their own headsets. I will be sure to abide by all town ordinances and building management guidelines regarding noise. The purpose of this letter is to respectfully request a waiver of the town ordinance which outlines standard hours of operation for businesses in the Town of Reading to allow my prospective members access to the club on a 24/7 basis. It is my belief that this club will help improve the likelihood and health of the residents of Reading and provide a convenient option to commuters who routinely use the train located within walking distance of my proposed location. If a waiver cannot be granted for a 24/7 facility I would request additional morning hours of operation allowed beyond those which are permitted in the Town Bylaws. For example, an allowance that the club could be open to members starting at 4:00 AM. There is a high volume of commuter traffic right in the area as well as a large population of our town that would greatly benefit from such a facility given the flexible hours of operation. Thank you again for your time and consideration. Sincerely, David W. Crowley (Dq 5 F'' 7.7 Retail Sales 7.7.1 Hours of Operation No retail, commercial operation or place of business shall be open for the transaction of retail business between the hours of 12:01 AM and 6:00 AM. 7.7.2 Exceptions This bylaw shall not apply to the retail or commercial operation of facilities operated by innholders and /or common victualers and /or taverns where a license has been duly issued for the operation of the same which otherwise restricts or describes the hours of operation of such facilities. This bylaw shall not prevent a cinema from concluding the showing of a movie that has commenced prior to 12:01 AM. 7.7.3 Innholders For the purposes of this bylaw, facilities operated by innholders shall include, but not be limited to: an inn, hotel, motel, lodging house and public lodging house or any other similar establishment for which a license is required under M.G.L. Chapter 140; the term facilities operated by a common victualer shall include a restaurant and any other similar establishment which provides food at retail for strangers and travelers for which a common victualer's license is required under said Chapter; and the term "tavern" shall include an establishment where alcoholic beverages may be sold with or without food in accordance with the provisions of M.G.L. Chapter 138. 7.7.4 License to Permit Operation between Midnight and 6:00 AM If the Board of Selectmen determine that it is in the interest of public health, safety and welfare, or that public necessity or convenience would be served, the Board of Selectmen may grant, upon such terms and conditions as it deems appropriate, a license under this bylaw to permit the operation of a retail or commercial establishment between the hours of 12:01 AM and 6:00 AM or any portion thereof. However, a license shall not be issued unless the Board of Selectmen has made the following specific findings with respect to each license application: 7.7.4.1 Reasons for Night -time Operation That the operation of the retail or commercial establishment during the night -time hours will not cause unreasonable disruption or disturbance to, or otherwise adversely affect, the customary character of any adjacent or nearby residential neighborhood; 7.7.4.2 Findings for Approval of Night -time Operation That operation of the retail or commercial establishment during the night -time hours is reasonably necessary to serve the public health, safety and welfare; or serve a public need or provide a public convenience which outweighs any increase in any of the following impacts on the adjacent or nearby residential neighborhood (or the character thereof): noise, lighting, vibration, traffic congestion or volume of pedestrian or vehicular retail customer traffic that might create a risk to pedestrian or vehicular safety, or other adverse public safety impact. The Board of Selectmen may adopt rules and regulations to govern the administration of the licensing process and in so doing may impose such terms and conditions upon such license as it may consider appropriate. 7.7.5 Hearing for Initial Approval The Board of Selectmen shall give public notice of the initial request whereby a retail or commercial operation or place of business seeks to be open for the transaction of retail business between the hours of 12:01 AM and 6:00 AM or any portion thereof and shall hold a public hearing on the initial request within thirty (30) days of receipt of any such request. The Board may determine annually whether a public hearing will be required on an application to renew the annual approval of a business to be open between the hours of 12:01 AM and 6:00 AM. 7.7.6 Enforcement In addition to any other means of enforcement, the provisions of this bylaw and the regulations adopted pursuant thereto may be enforced by non - criminal disposition in accordance with the provisions of Section 1.8 of this bylaw, and M.G.L. Chapter 40, Section 21 D. 00 s 0 Section 3.9 Waiver of Retail Sales before 6 a.m. Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to 6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing retail sales between the hours of midnight and 6:00 a.m. when the Board determines that permitting retail sales during those hours is in the interest of public health safety and welfare, or is in the interest of public necessity or public convenience. These regulations are adopted by the Board of Selectmen to provide guidance to the Board of Selectmen, applicants, and the public regarding how applications for waivers from the restriction on hours of retail sales will be handled. Each application will be dealt with on a case by case basis. An initial application for a waiver or hours of retail sales prior to 6 a.m. shall require a public hearing noticed to all property owners within 300', and by publication in a local newspaper and/or publication on the Town's web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on December 31. The Board of Selectmen shall determine on a case by case basis whether a public hearing is required for each renewal. The Board of Selectmen may revoke approval upon receipt of complaints that the operation is taking place contrary to the approval granted by the Board. Revocation shall be made only after a public hearing, unless emergency circumstances require an administrative revocation pending hearing. The following guidelines are not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to the applicant: 1. Approval will be granted for businesses within a commercial or industrial zoning district only. 2. In general, approval shall be for the entire business. For example, if a business dispenses gasoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all parts of the business. 3. The retail use for which approval of a change in retail hours is permitted will be the principal use on the property. 4. Written approval of the property owner will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 5. The Board may require evidence that the change in permitted hours of retail operation will have minimal effect on the neighborhood adjacent to the site. 6. The applicant must show that adequate controls are in place to ensure public safety and follow food code sanitation protocols. 7. No waiver of the hours of retail sales will be considered for prior to 5 am Monday through Friday. No waivers shall be considered for Saturdays, Sundays, or State Designated legal holidays. 8. The Board may limit the use of outdoor speakers, drive- thru's, and/or restrict parking in certain areas in order to limit the impact of the waiver on neighboring properties. In order to address these issues, the Board may require a site plan from applicants, drawn to scale, and showing locations of these features and their relation to abutting residential buildings. 9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building/Zoning Inspection Division and proof that all necessary approvals, permits, and other_ licenses needed to operate have been issued. 3-25 Board of Select Policies nJ, 10. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or regulation of the Town of Reading or other agency having jurisdiction. 11. Parking lot cleaning, and other maintenance operations (excluding emergency work), and deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Adopted 6/26/07 P 3-26 Board of Selectmen Policiies�� J� OF)? Town of Reading 16 Lowell Street Reading, MA 01867 -2685 INCOPQO� FAX: (781) 942 -9071 Email: townmanager &i.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM TO: Board of Selectmen FROM: Paula Schena DATE: January 8, 2013 RE: Snap Fitness 24 Hour Operation I received a phone call from Donna Beaulieu, 153 Belmont Street who is against the concept of a 24 hour operation for Snap Fitness on Haven Street. She feels if you let one then they all will want to be open 24 hours. 0 Hechenbleikner, Peter From: Paul M. Ognibene <paul @urbanspacesllc.com> Sent: Tuesday, January 08, 2013 5:28 PM To: Hechenbleikner, Peter Cc: dcrowley1966 @yahoo.com; Jeremy Cyrier, CCIM [MANSARD] Subject: RE: Hearing tonight Peter: Please accept this email as my authorization for Snap Fitness to present at tonight's selectmen's meeting. We consent to their application. Best regards, Paul Paul M. Ognibene Urban Spaces 10 McTernan Street Cambridge, MA 02139 Phone: 617.868.5558 EFax: 801.991.5002 EMail: pauk2WrbanSpacesLLC.com - - - -- Forwarded Message - - - -- From: "Hechenbleikner, Peter" < phechenbleikner (a)_ci. reading. ma. us> To: dcrowley1966(a)yahoo.com "' <dcrowley1966(Qyahoo.com> Sent: Tuesday, January 8, 2013 12:46 PM Subject: Hearing tonight David You hearing is set for 8:45 this evening. You should make a short presentation on what you plan to do. I also need a letter from the property owner consenting to your application — I can accept it by email, but I should have it for tonight. Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 PIcase tioic ;)cvv Towii Hall Hours Nlor(fay. Wccli-icsd: 4 a )c1 Thiirsdat: :?O a.m 5,:10 p.iii. t!esdav: 7:30 a.m. - 7:00 I ridaE : CLOSI 1:) phottc: 781 -9.42 -901; rcarl ��Ytta ;ot ClIvil to) mTl,<31.ikYe (a C 2'c 'dimi .iiia.Lis Sy LEGAL NOTICE TOWN OF READING To the Inhabitants of the Town of Reading: • Please fake notice that the' Board-.of Selectmen of the Town of Reading will hold a, public hearing on January 8, 2013 at-b:00 p.'m.,In the Selectmen's Meeting Room, 16 Lowell Street,-.Reading; Massachusetts on an appli- cation for Waiver of Hours of Operation -before 6:00. a.m. for Planet"Fitness at 275 ,Salem Street: . -A copy of*the prop6sed . document regarding this topic is avafl4ble in the Town Manager's office; -16. Lowell Street, Reading., MA;-WW-;-.. ThUrs from 7:30.A.m..'.." 5.,36%. p.m., Tu6s from 7:30. 7:00 p.m. and is.&ttaohe-djq - the hearing notice. ofl itbs.. webs.ite ';at' www.readingma.gov. ingma.gov. All- interested- parties 59p; invited to attend the h; av-Ing,*' ) A. - :or may submit their. coal ;..- m , ents in writing or- by 'elpc-�'I'. prior to 6:00 p.m. on jiahljary, 8, 2013 t townmanager9ci.readrhg,-rh4 .US' 'By ordditof Peter L He6heribleAne' C, Town Mahager 12.31.12 (9 66k Planet Fitness 275 Salem Street Reading, MA. 01867 Request for special hours of operation December 18, 2012 The Planet Fitness in Reading is appearing before the Board of Selectmen to requesting special hours of operation. We are seeking approval for the following hours of operation Monday —Thursday: Sam —10pm Friday: Sam — 9pm Saturday — Sunday: lam — 7pm We are requesting permission to open at Sam Monday through Friday due to the large number of gym. members (not just Planet Fitness members) that can only work out before they start their work day. There is a large majority of people that prefer to work out before to hours of 6am. They then shower at the facility before starting their workday. Not allowing the facility to open before 6am would prevent a number of potential members from being able to sign up at our new location. The Reading Athletic Club located at 1 General Way Reading, MA 01867 is approximately 1.3 miles from our location and opens Monday through Friday at 5am. We are simply asking for the same allowances granted to other local businesses. Thank you for your consideration in this matter Tay r Mandell V' a President of Operations S�Z AVIVA D. BUDD 215 OcEAN Dxrve Wssr STANiFORD, CT 06902 December 13, 2012 Town of Reading 16 Lowell St Reading, MA To Whom it may concern: TEL: (203) 363 -0535 Fax: (203),348-6311 Reading Development Co II LLP the owner of 275 Salem St. Reading, MA is aware that Planet Fitness in Reading is appearing before the Board of Selectmen to requesting special hours of operation as follows: Monday —Thursday: 5am —10pm Friday: Sam — 9pm Saturday — Sunday: lam — 7pm The undersigned supports such requests. Thank you for your consideration in this matter. Reading Development Co TI LLP By Aviva D. Budd, managing partner s? 5�3 7.7 Retail Sales 7.7.1 Hours of Operation No retail, commercial operation or place of business shall be open for the transaction of retail business between the hours of 12:01 AM and 6:00 AM. 7.7.2 Exceptions This bylaw shall not apply to the retail or commercial operation of facilities operated by innholders and /or common victualers and /or taverns where a license has been duly issued for the operation of the same which otherwise restricts or describes the hours of operation of such facilities. This bylaw shall not prevent a cinema from concluding the showing of a movie that has commenced prior to 12:01 AM. 7.7.3 lnnholders For the purposes of this bylaw, facilities operated by innholders shall include, but not be limited to: an inn, hotel, motel, lodging house and public lodging house or any other similar establishment for which a license is required under M.G.L. Chapter 140; the term facilities operated by a common victualer shall include a restaurant and any other similar establishment which provides food at retail for strangers and travelers for which a common victualer's license is required under said Chapter; and the term "tavern" shall include an establishment where alcoholic beverages may be sold with or without food in accordance with the provisions of M.G.L. Chapter 138. 7.7.4 License to Permit Operation between Midnight and 6:00 AM If the Board of Selectmen determine that it is in the interest of public health, safety and welfare, or that public necessity or convenience would be served, the Board of Selectmen may grant, upon such terms and conditions as it deems appropriate, a license under this bylaw to permit the operation of a retail or commercial establishment between the hours of 12:01 AM and 6:00 AM or any portion thereof. However, a license shall not be issued unless the Board of Selectmen has made the following specific findings with respect to each license application: 7.7.4.1 Reasons for Night -time Operation That the operation of the retail or commercial establishment during the night -time hours will not cause unreasonable disruption or disturbance to, or otherwise adversely affect, the customary character of any adjacent or nearby residential neighborhood; 7.7.4.2 Findings for Approval of Night -time Operation That operation of the retail or commercial establishment during the night -time hours is reasonably necessary to serve the public health, safety and welfare; or serve a public need or provide a public convenience which outweighs any increase in any of the following impacts on the adjacent or nearby residential neighborhood (or the character thereof): noise, lighting, vibration, traffic congestion or volume of pedestrian or vehicular retail customer traffic that might create a risk to pedestrian or vehicular safety, or other adverse public safety impact. The Board of Selectmen may adopt rules and regulations to govern the administration of the licensing process and in so doing may impose such terms and conditions upon such license as it may consider appropriate. 7.7.5 Hearing for Initial Approval The Board of Selectmen shall give public notice of the initial request whereby a retail or commercial operation or place of business seeks to be open for the transaction of retail business between the hours of 12:01 AM and 6:00 AM or any portion thereof and shall hold a public hearing on the initial request within thirty (30) days of receipt of any such request. The board may determine annually whether a public hearing will be required on an application to renew the annual approval of a business to be open between the hours of 12:01 AM and 6:00 AM. 7.7.6 Enforcement In addition to any other means of enforcement, the provisions of this bylaw and the regulations adopted pursuant thereto may be enforced by non - criminal disposition in accordance with the provisions of Section 1.8 of this bylaw, and M.G.L. Chapter 40, Section 21 D. 0 5 G`1 Section 3.9 Waiver of Retail Sales before 6 a.m. Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to 6:00 a.m. It also provides for a process by which the Board of Selectmen may consider allowing retail sales between the hours of midnight and 6:00 a.m. when the Board determines that permitting retail sales during those hours is in the interest of public health safety and welfare, or is in the interest of public necessity or public convenience. These regulations are adopted by the Board of Selectmen to provide guidance to the Board of Selectmen, applicants, and the public regarding how applications for waivers from the restriction on hours of retail sales will be handled. Each application will be dealt with on a. case by case basis. An initial application for a waiver or hours of retail sales prior to 6 a.m. shall require a public hearing noticed to all property owners within 300', and by publication in a local newspaper and/or publication on the Town's web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on December 31. The Board of Selectmen shall determine on a case by case basis whether a public hearing is required for each renewal. The Board of Selectmen may revoke approval upon receipt of complaints that the operation is taking place contrary to the approval granted by the Board. Revocation shall be made only after a public hearing, unless emergency circumstances require an administrative revocation pending hearing. The following guidelines are not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to the applicant: 1. Approval will be granted for businesses within a commercial or industrial zoning district only. 2. In general, approval shall be for the entire business. For example, if a business dispenses gasoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all parts of the business. 3. The retail use for which approval of a change in retail hours is permitted will be the principal use on the property. 4. Written approval of the property owner will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 5. The Board may require evidence that the change in permitted hours of retail operation will have minimal effect on the neighborhood adjacent to the site. 6. The applicant must show that adequate controls are in place to ensure public safety and follow food code sanitation protocols. 7. No waiver of the hours of retail sales will be considered for prior to 5 am Monday through Friday. No waivers shall be considered for Saturdays, Sundays, or State Designated legal holidays. 8. The Board may limit the use of outdoor speakers, drive - thru's, and/or restrict parking in certain areas in order to limit the impact of the waiver on neighboring properties. In order to address these issues, the Board may require a site plan from applicants, drawn to scale; and showing locations of these features and their relation to abutting residential buildings. 9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building/Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. 3-25 Board of Selectmen Policies Y( ,s' 10. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or regulation of the Town of Reading or other agency having jurisdiction. 11. Parking lot cleaning, and other maintenance operations (excluding emergency work), and deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Adopted 6126107 3-26 Board of Selectmen Policies 5 &G Hechenbleikner, Peter From: pjt66 @comcast.net Sent: Tuesday, January 08, 2013 6:02 PM To: Town Manager My name is Paul tucker and i live at 14 Bay state rd and i would like to see the hours to open at 4 or 5 am and stay open later i work 6 days a week and find it more differcult to maintain a healthy life style so to be able to go to the gym prior to work with be great and be able to go late when needed. Hechenblelkner, Peter From: Donna Shindelman <harosshindelman @gmail.com> Sent: Tuesday, January 08, 2013 11:24 AM To: Town Manager Subject: Board of Selectmen Meeting- January 8th 2013 Good Morning, My name is Donna Shindelman, I reside at 16 Governors Drive, in Reading. Recently, along with other residents in my neighborhood, I submitted a signed petition regarding the Traffic and Safety on Salem Street, and the surrounding areas with regards to Planet Fitness moving into the old registry. Upon our request, a traffic study was completed, and at this time no further changes are recommended. The Safety Officer still has concerns, and therefore there is to be a repeat study in 6 months. It has been brought to my attention that Planet Fitness is requesting to open at 5 am. It is my understanding that the Town of Reading does not permit this, and indeed this would be a special request being filled. The location of Planet Fitness is primarily a residential neighborhood. The traffic and noise consideration is of great concern to us living in the area. The same residents are concerned about this issue. I also submitted a signed petition, requesting that Planet Fitness NOT be granted the 5am opening, but instead the 6am as they shared with us during a meeting. It is my understanding that another gym which is going to open on Haven Street, is requesting 24 hrs. While I do not agree with that as well, it does not have a direct impact on me and my family. However, that area along Haven is MORE commercial and has the commuter rail. While in comparison, where Planet Fitness is going, is MORE residential. I regret that I cannot make it to the meeting in person tonight, and request you acknowledge receipt of this email so I can be assured that as a resident in Reading, I am being heard. Thank you in advance for your consideration. Donna Shindelman DISCLAIMER: The information contained in this electronic communication is intended to be sent only to the stated recipient 1 9