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Home My WebLink About2013-01-08 Board of Selectmen Packet°FR�� -tic Town of Reading . 16 Lowell Street Reading, MA 01867 -2685 - &,INCORQO. FAX: (781) 942 -9071 Email: townmanager @ci.reading.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: January 3, 2013 RE: Agenda — January 8, 2013 5a) Chief Cormier will be in to discuss the Fingerprint Bylaw. The Board expressed some concerns about the Bylaw applying to Class 2 motor vehicle licensees. This is scheduled for discussion at this time in the event that the Board may want to consider amending the Bylaw at the Annual Town Meeting. 5b) We are working to establish the priority 2014 sidewalk project. There are two projects that had been considered as high priority and we need direction from the Board of Selectmen as to which projects will be done in 2014 and which. in 2015. 5c) Enclosed in your packet is the draft Warrant for the Special Town Meeting to be held on January 28, 2013. 5d) We received an application for a Change of Manager for the Macaroni Grill. I have asked Macaroni Grill, given some of the recent public health issues, whether or not it is their intent to move forward with this application. 5e) A liquor license application for Bunratty Tavern at 622 Main Street has been received. The location has gone through the Development Review Team part of the site plan approval. The application is complete. Staff has no objections to issuance of the license. 5f /g) Two applications for waiver of hours of operation for fitness facilities have been received and a hearing scheduled pursuant to the Selectmen's Policy and the Bylaw. Depending on the outcome of those hearings, the Reading Athletic Club allegedly starts operation before 6:00 a.m. and would also need approval to continue that practice. 5h) With the execution by the Town of the license for the MBTA parking on Vine Street, staff has reviewed and will be presenting some thoughts on how to realign some of the parking regulations to take maximum advantage of those spaces. PIH /ps 171C TRACKING OF LEGAL SERVICES - FY 2013 Hours I I Month Monthly Monthly Available Monthly Monthly Available Hours Hours Remainder I I Remainder Allocated Used of Year Allocated Used of Year July 31.6 19.5 359.7 $4,583 $2,828 $52,168 August 31.6 35.8 323.9 $4,583 $5,191 $46,977 Septembei 31.6 26.2 297.7 $4,583 $3,798 $43,179 October 31.6 34.6 263.1 $4,583 $5,017 $38,162 November 31.6 28.7 234.4 $4,583 $4,162 $34,000 December 31.6 234.4 $4,583 $34,000 January 31.6 234.4 $4,583 $34,000 February 31.6 234.4 $4,583 $34,000 March 31.6 234.4 $4,583 $34,000 April 31.6 234.4 $4,583 $34,000 May 31.6 234.4 $4,583 $34,000 June 31.6 234.4 $4,583 $34,000 Total 379.2 yy. 54,996 $20,996 Hechenbleikner, Peter From: Delios, Jean Sent: Friday, December 28, 2012 7:36 AM To: Hechenbleikner, Peter; Gemme, Laura Cc: LeLacheur, Bob; Rodger, Julia Subject: RE: AG Notice The Legal Ads were published as is required but the defect was in not send the notices to MAPC, DHCD, and area communities. We are following the instructions for a waiver of the defect by the AG's office including publishing a legal notice some time next week. The error was a result of a miscommunication and we have developed a Town Meeting Checklist to insure all requirements are adhered to and who will be responsible for each item. Jean J. Delos Town of Reading 16 Lowell Street Read.in.g, MA 0.1.867 -268: (P) 781-942-6612 (,F) 78:1. - 942 -907 l Town Hall Hours as of .Tune 7, Q 0 : [, W, Th.: 7:30 a.m. - 15:30 p.m. Tuesday: 7:30 a.m. - 7 :00 p.m. FRIDAY: CLOSED jdehos4,ci.reading.ma.us www.readingma.gov http: / /readingna- survey_virtualtownhall.net /survey /sid /de8bdaa l 6db9e6b4 From: Hechenbleikner, Peter Sent: Wednesday, December 26, 2012 11 :11 AM To: Gemme, Laura Cc: Delios, Jean; LeLacheur, Bob; Rodger, Julia Subject: Re: AG Notice Jean I assume from the AG's letter that there was a defect in the notices for the zoning articles Sent from my iPhone Pete On Dec 26, 2012, at 11:08 AM, "Gemme, Laura" <Igemme @ci. reading. ma. us> wrote: Just to let you know, Paul tells me the earliest that the AG Notice can be published is Monday. I am working with him to try and getting it done sooner but I am thinking it won't be until Monday. Therefore the count won't start until the 31" of December I am on the road and won't be back into town until Sunday feel free to call my cell phone to contact me 585 - 305 -8142 1 (G Lau rctlA C,e*n*n& Town Clerk Town of Reading 16 Lowell Street Reading, MA 01867 (P) 781 - 942 -6647 (F) 781 - 942 -9070 (E) Igemme@ci.reading.ma.us (W) http: / /www.readingma.gov Town Hall Hours: Monday, Wednesday and Thursday - 7:30 AM to 5 :30 PM Tuesday - 7:30 AM to 7:00 PM Friday - CLOSED When writing or responding, please remember that the Secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. 2 G3 Hechenbleikner, Peter ` ` o From: Ruth L. Clay in Melrose Sent: Thursday, December 27, 2012 4:50 PM To: Andrew Friedmann (DEP) (derwuestenfuchs @yahoo.com); Barbara Meade ; David Singer Cc: greenbaum5 @comcast.net; Vitale, Joan; Keough, Jennifer; Hechenbleikner, Peter Subject: FW: Macaroni Grill letter Attachments: 1315 Reading Health Letter.pdf Here is the letter from Macaroni Grill. They have requested to come to the next Board of Health meeting to show their commitment to making the necessary changes and "put a new face for the company" so I will include them on the agenda. Happy New Year! Ruth From: Wayne Jones [ mailto:Wayne.Jones @macgrill.com] Sent: Thursday, December 27, 2012 4:44 PM To: Clay, Ruth Cc: Julie Price; Scott Smith Subject: 1315 Reading Health Permit Ruth; Thanks for the invitation to attend the next Board of Health meeting on the 15th as well as the heads up alcoholic license management change requirements. Attached you will find our response letter to the proposed fine. Hope to see you on the 15th or during your July visit to Dallas. Best regards, Wayne Wayne Jones I Director of Facilities Romano's Macaroni Grill® P: 972 - 759 -4460 1 C: 941.704.8292 F: 972 - 759 -4459 16750 LBJ Freeway I Dallas, TX 75240 Wayne.Jones @macgrill.com ( www,Macaronigrill.com WITH EVERY 25 GIFT CARD PURCHASE, SHOP NOW AT macaronigri[I.com/gift- cards Please take a moment to help us improve your experience with City services. https:// www. surveymonkey .com/s /MelroseCustomerSurveX I cH Ito Maaa-s cl OR ILL. December 27, 2012 Ruth L. Clay, MPH Health Director — Town of Reading 16 Lowell Street Reading, MA 01867 -26£33 Re: Romano's Macaroni Grill f #1315 Suspension Hearing (12/26/12) Dear Ruth; I appreciate your taking my call yesterday to discuss the issues that led up to yesterday's Suspension Hearing for our Reading location. I also appreciate you furnishing the timeline of your department's involvement, past inspections, and your candor. As I mentioned, we take these issues very seriously and late last fall implemented a process requiring restaurants to submit the last six months of health inspections and all inspections going forward. To further ensure that we are aware of potential health issues /violations, we have been randomly reaching out to health departments to request that they begin sending inspections to our corporate office. Thank you for agreeing to participate by sending all future inspections to healthio§p tions c maci11�00m. Please understand that the management team here in Dallas is very much involved and taking immediate steps to ensure that this restaurant is brought into compliance and remains as such. With respect to the proposed fine of $20,000 plus legal costs, we do not intend to contest. However, we do appreciate the invitation to attend the next Board of Health meeting on January 15`h. Either Scott Smith, our RVP of Operations for the East, or I will be present to show the corrective steps we have taken. r Sincerely, Wane Cort%n s Director — Facilities Cc: Norman Abdallah, CEO Barry McGowan, COO Scott Smith, RVP Operations - East Craig Rawls, EVP Finance Julie Price, Director Risk Management ........................................................................................................................................................................................................................................ ............................... 6750 LBJ Freeway I Dallas, TX 75240 ww IV. laocarontgr ill, coin 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 5 <2� 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 '/2 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. 50!--2 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 • Panc 1 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 onyown 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 sG I TOWN WARRANT OFRF�'� d O ,6�9r INCORQOPP� COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. To any of the Constables of the Town of Reading, Greetings: In the name of the Commonwealth of Massachusetts, you are hereby required to notify and warn the inhabitants of the Town of Reading, qualified to vote in elections and Town affairs, to meet at the Reading Memorial High School Auditorium, 62 Oakland Road, in said Reading, on Tuesday, 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 5L, 2 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 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 ARTICLE 8 To see if the Town will accept an easement as detailed in the plan entitled " " from 25 WBD LLC to the Town of Reading for the purpose of installing and maintaining a bus shelter on Walkers Brook Drive 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 6-C,13 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 -eut represents language to be deleted, bold represents language to be added) 6.2.2 Definitions m. Off - Premises Sign: 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. , Off - Premises Signs shall include+ag 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. ea - which 6.2.5 Prohibited Signs 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 Zoning 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 ") in a Bu6iRe&_ e Zeni^�vrrmg i1 str 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; S��q d. The sign may be double sided with no greater than a 30 degree angle of separation between the two faces; e lllumeRatoeR sh -all he by ovternpl M.- minAtinn enly and illdminatiAn ShAu hp IIm14ed 4n tho ai w� vc v� c�cc�i � w uw� � �� wnv e. The sign shall not exceed 675 square feet on each of the two permitted faces; f. 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 5 GS 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 SG �° 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 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 �c'_? The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www. mass.gov/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 101600024 Reading T� ABCC License Number City/Town TRANSACTION TYPE (Please check all relevant transactions): ❑ New License ❑ New Officer /Director Pledge of License Transfer of License F] Change of Location ❑ Pledge of Stock E] For Reconsideration 01/08/2013 Local Approval Date Change Corporate Name Seasonal to Annual 0 Change of Manager Fj Alteration of Licensed Premises F-1 Transfer of Stock F� Change of License Type ❑ Cordials /Liqueurs Permit F� Issuance of Stock ❑ New Stockholder Other 6 -Day to 7 -Day License ❑ Management/Operating Agreement E] Wine & Malt to All Alcohol Name of Licensee Mac Aquisition of Delaware EIN of Licensee D /B /A Macaroni Grill Manager John O'Brien ADDRESS: 48 Walkers Brook Drive CITY/TOWN: Reading STATE El ZIP CODE 01867 Annual All Alcohol Restaurant Annual or Seasonal Category: (AllAlcohol- Wine &Malt Wine, Type: (Restaurant, Club, Package Malt & Cordials) Store, General On Premises, Etc.) Or LicenseO vremises: Application Filed: Nov 23, 2012 Advertised: Abutters Notified: Yes E] No 0 Date & Time Date & Attach Publication Licensee Contact Person for Transaction John O'Brien Phone: 781 -944 -0575 CITY/TOWN: STATE a ZIP CODE ADDRESS: I Remarks: The Local Licensing Authorities By: ABCC Remarks: Alcoholic Beverages Control Commission Ralph Sacramone Executive Director _41d k The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Wj Boston, MA 02114 701 NOV 28 www.mass.gov/abcc 12. 31 MANAGER APPLICATION All proposed managers are required to complete a Personal Information Form, and attach a copy of the corporate vote authorizing this action and appointing a manager. 1. LICENSEE INFORMATION: Legal Name of Licensee: Mac Aquisition of Delaware Business Name (dba): Romano's Macaroni Grill Address: 148 Walkers Brook Drive City/Town: Reading State: Ma Zip Code: 01867 ABCC License Number: 101600024 Phone Number of Premise: 81 944 -0575 (If existing licensee) 2. MANAGER INFORMATION: A. Name: Pohn O'Brien B. Cell Phone Number: C. List the number of hours per week you will spend on the licensed premises: 0 3. CITIZENSHIP INFORMATION: A. Are you a U.S. Citizen: Yes ® No F1 B. Date of Naturalization: I C. Court of Naturalization: (Submit proof of citizenship and /or naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers) BACKGROUND INFORMATION: A. Do you now, or have you ever, held any direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages? Yes No If yes, please describe: B. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes No If yes, please describe: C. Have you ever been the Manager of Record of a license that was issued by this Commission? Yes No If yes, please describe: D. Please list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): /10 - 11/12 Romano's Macaroni Grill- Mgr /GM Burlington /Reading. D'Angelo's 6/03 -6/09 - Mgr /Gm- Quincy,Weymouth. I hereby swear under the 96insiand pgaWties of per' ry that the information I have provided in this application is true and accurate: Signature Date 5�2 1101600024 ABCC License Number The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www. mass.gov/abcc PETITION FOR CHANGE OF LICENSE Reading City/Town The licensee Mac Aquisition of Delaware respectfully petitions the Licensing Authorities to approve the following transactions: ® Change of Manager ❑ Alteration of Premises ❑ Pledge of License /Stock ❑ Cordial & Liqueurs ❑ Change of Corporate Name /DBA ❑ Change of Location ❑ Change of License Type ( §12 ONLY, e.g. "club" to "restaurant ") ® Change of Manager Last - Approved Manager: Joshua Henderson Requested New Manager: John O'Brien ❑ Pledge of License /Stock Loan Principal Amount: $ Interest Rate: Payment Term: Lender: ❑ Change of Corporate Name /DBA Last - Approved Corporate Name /DBA: Requested New Corporate Name /DBA: ❑ Change of License Type Last - Approved License Type: Requested New License Type: ❑ Alteration of Premises: (must fill out attached financial information form) Description of Alteration: ❑ Change of Location: (must fill out attached financial information form) Last - Approved Location: Requested New Location: Signature of Licensee Date Signed /7 /y a corporatlonAIC, by Its authorized representative) ` J The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 U1Wwww. mass.gov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 11. LICENSEE INFORMATION: A. Legal Name of Licensee Mac Aquisition of Delaware C. Address F48 Walkers Brook Drive E. City/Town Reading F. Phone Number of Premise 781 944 -0575 12. PERSONAL INFORMATION: B. Business Name (dba) Romano's Macaroni Grill D. ABCC License Number 101600024 (If existing licensee) State Ma Zip Code 01867 G. EIN of License I- A. Individual Name ohn O'Brien B. Home Phone Number C. Address D. City/Town State Ma Zip Code E. Social Security Number F. Date of Birth G. Place of Employment Romano's Macaroni Grill, Reading, Ma 3. BACKGROUND INFORMATION: Have you ever been convicted of a state, federal or military crime? yes ❑ No Ig If yes, as part of the application process, the individual must attach an affidavit as to any and all convictions. The affidavit must include the city, and state where the charees occurred as well as the disposition of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. J- G,, AA -e- 6-"-,-� / AC. -G�--- 0f-- /- - lz-ed 44q.,V--q- F. IMPORTANT ATTACHMENTS (8): For all cash contributions, attach last (3) months of bank statements for the source(s) of this ca *If additional space is needed, please use the last page I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature Date Title M (If Corporation /LLC Representative) y J_7 STEVEN GROSSMAN TREASURER AND RECEIVER GENERAL Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street, First Floor Boston, MA 02114 CORI REQUEST FORM KIMS. GAINSBORO, ESQ. CHAIRMAN The Alcoholic Beverages Control Commission has been certified by the Criminal History Systems Board to access conviction and pending Criminal Offender Record Information. For the purpose of approving each shareholder, owner, licensee or applicant for an alcoholic beverages license, I understand that a criminal record check will be conducted on me, pursuant to the above. The information below is correct to the best of my knowledge. ABCC LICENSEINFORMATION ABCC NUMBER: OF EXISTING LICENSEq 101600024 LICENSEE NAME: Mac Aquisition of Delaware CITY/TOWN: Reading MAIDEN NAME OR ALIAS (IF APPLICABLE): I LAST NAME: Brien APPLICANT /EMPLOYEE SIGNATURE: I FIRST NAME: ohn MIDDLE NAME: IF MAIDEN NAME OR ALIAS (IF APPLICABLE): I 1 PLACE OF BIRTH: Boston,Ma DATE OF BIRTH: SSN: J ID THEFT INDEX PIN (IF APPLICABLE): MOTHER'S MAIDEN NAME DRIVER'S LICENSE #: 1 STATE LIC. ISSUED: Massachusetts GENDER: MALE HEIGHT: WEIGHT: 1 EYE COLOR: Blue CURRENT ADDRESS: CITY/TOWN: STATE: Ma ZIP: t FORMER ADDRESS: r CITY/TOWN: STATE: Ma ZIP: 1 f PRINTANDSIGN PRINTED NAME: Ohn O'Brien APPLICANT /EMPLOYEE SIGNATURE: C KA 1VUrAHr On this 1--27q11 before me, the undersigned notary public, personally appeared 0 113 Q, e,,J (name of document signer), proved to me through satisfactory evidence of identification, which were 'D R , t/G1-�,s L C' w s' to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose. Ip 17 NOTARY DIVISION USEONL REQUESTED BY: I SIC" IPLOVEE The DCII Identify Theft index PIN Number is to be cvnpleted by tho a applicants that have been Issued an Identity Theft PIN Number by the DCII. Cwdlied agencies ant required to provide all applicants the opportunity to Inchde thh vfentig bn to insure the accuracy of the CORI request process. ALL CORI request Forms that Include this Bald are squired to ba suMNtted to tha DCH via mall orby fax to (617) 660-4614. T 4L liF - SoI-,e. —A �'� rwr wr SS � f+ •-+ ��tRLs Jvc;;�w b ee i, 2n 13 S� MAC ACQUISITION LLC CONSENT IN LIEU OF A SPECIAL MEETING OF THE MEMBER The undersigned, being the sole member of Mac Acquisition LLC, a Delaware liability company (the "Company "), in lieu of holding a special meeting of the sole member of the Company (the "Sole Member "), as the managing member of the Company hereby takes the following actions and adopts the following resolutions by written consent, effective as of November 1, 2011, pursuant to the applicable laws of the State of Delaware ( "Applicable Laws "): RESOLVED, that Joshua Henderson has been formerly removed as General Manager of Romano's Macaroni Grill No. 1315 located at 48 Walkers Brook Drive, Reading, Massachusetts 01867. FURHER RESOLVED, that John O'Brian is hereby appointed General Manager of Romano's Macaroni Grill No. 1315 located at 48 Walkers Brook Drive, Reading, Massachusetts 01867. The actions taken by this consent shall have the same force and effect as if taken at a special meeting of the Sole Member, duly called and constituted, pursuant to Applicable Laws. MAC HOLDING LLC, a Delaware limited liability company, Sole Managing Member By: Name: Craig Rawls Title: Executive Vice President 1 �5;" The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc Manager Application All proposed managers are required to complete a Personal Information Form, and attach a copy of the corporate vote authorizing this action and appointing a manager. . Licensee Legal Name of Licensee: KR Enterprise —� Address: 1622 Main Street City/Town Reading Business Name (d/b /a) unrattyTavern State Zip Code 01867 ABCC License Number: Phone Number of Premise (If existing licensee) 2. Manager Information:. Cell Phone Number. Name: ilish Havey Are you a U.S. Citizen: Yes ❑ No ❑ Court and Date of Naturalization: ktober 2001 (Submit proof of citizenship and/or naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers) List the number of hours per week you will spend on the licensed premises: b0 you ever been charged or convicted of a state, federal or military crime? Yes ❑ No ❑ attach an affidavit as to an charges and disposition. you now, or have you ever, held any direct or indirect, beneficial or financial interest in a license to sell beverages? Yes ❑ No ❑x If yes, please describe: Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended, revoked or cancelled? Yes ❑ No ❑x If yes, please describe: you ever been the Manager of Record of a license that was issued by this Commission? Yes ❑ No g,] If yes, please describe: list your employment for the past ten years (Dates, Position, Employer, Address and Telephone): Somers Pubs, 11 marshall Street, Boston, MA 02108 (617) 861 5744. 1993 - present, Office Administrator /Contri V addMonal space 6 needed, please use the last page• I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature Date a 11 � l Z e, r `� To the Licensing Board Forthe AFFIDAVIT OF NOTICE OF MAILING TO ABUTTER AND OTHERS Date -71 F- 1, Vilish Havey hereby certify that the following is a true list of the persons shown upon the Assessor's most recent valuation list as the owners of the property abutting the proposed location for an alcoholic beverages license at �22 Main Street, Reading, MA 01867 that the following schools, churches or hospitals are located within the radius of five hundred (500) feet from said proposed location: there are none, please so state: , I also certify that the notice of this application /petition concerning an alcoholic beverages license was given to the above by mailing to each of them within three (3) days after publication of same, a copy of the advertisement is attached below. Also attached are the registered receiptsJretum registered receipts bearing signatures of persons receiving said notice. Signed and subscribed to under the penalties of perjuries: Printed: Written: Date: Notary Public. My Commission Expires: Please Attach Advertisement and Receipts Se rs The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www,mass.gov/abcc Personal Information Form Each individual listed in Section 10 of this application must complete this form. 1. Licensee Information: Business Name (d/b /a) unratty Tavern Legal Name of Licensee KR Enterprise ABCC License Number: Address: 622 Main Street, (If existing licensee) City/Town Reading State MA Zip Code 1867 Phone Number of Premise EIN of License 2. Personal Information: Individual Name 'fish Havey Home Phone Number. 78 664 0027 Address 22 Park Street City/Town North Reading State MA Zip Code 1864 r-- Social Security Number Date of Birth Place of Employment Isomers Pubs, 11 Marshall Street, Boston, MA 02108 you ever been convicted of a state, federal or military crime? Yes ❑ No x❑ yes, attach an affidavit as to all charges and disposition. Financial Interest: ide a detailed description of your direct or indirect, beneficial or financial interest in this license. Along with my husband, James, we will be financing this business and 1 will be working as General Manager, thus drawing a salary IMPORTANT ATTACffiMENTS: For all cash contributions, attach last 3 months of bank statements for the source(s) of this cash. *If additional space is needed, please use the last page* I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature �l Date Title resident (If Corporation/LLC Representative) /�f 6 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA'02114 www.mass.gov /abcc Personal Information Form Each individual listed in Section 10 of this application must complete this form. 1. Licensee Information: Business'Name(d/b /a) BunrattyTavern Legal Name of Licensee RKR Enterprise ABCC License Number. —� Address: 622 Main Street (If existing licensee) City/Town Reading State Zip Code 01867 Phone Number of Premise EIN of license Personal Information: . r— Individual Name James W. Havey Home Phone Number. Address 22 Park Street City/Town North Reading State MA Zip Code 1864 Social Security Number Date of Birth Place of Employment GE Healthcare, Wisconsin - home office Have you ever been convicted of a state, federal or military crime? Yes ❑ No ❑x If yes, attach an affidavit as to all charges and disposition. Financial Interest: a detailed description-of your direct or indirect, beneficial or financial. . interest in this license. Along with my wife, Eilish Havey, we are personally financing this business from a Home Mortgage refinance, I will not be working here full time and will not draw a salary. i WORTANT ATTACMAENTS: For all cash contributions, attach last 3 months of bank statements for the source(s) of ttus caste. *If additional space is needed, please use the last page* I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and acc Signature ,p� L,� Date la j Title ('resident " (If Corporation/LLC Representative) 11 S TW= -'1. pill STEVEN GROSSMAN TREASURER AND RECEIVER GENERAL Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street, First Floor Boston, MA 02114 CORI REQUEST FORM %IMS. GAINSBORO, ESQ. CHAIRMAN The Alcoholic Beverages Control Commission has been certified by the Criminal History Systems Board to access conviction and pending Criminal Offender Record Information. For the purpose of approving each shareholder, owner, licensee or applicant for an alcoholic beverages license, I understand that a criminal record check will be conducted on me, pursuant to the above. The information below is correct to the best of my knowledge. AOLL LILin7C ugrVndnn I dt✓n ABCC NUMBER: UCENSEE NAME: RKR Enterprise CITY/TOWN: eading GF IG UCENSM nrruLnn/ mrvmm�.tv.. LAST NAME: avey FIRST NAME: fish MIDDLE NAME: arie MAIDEN NAME OR ALIAS (IF APPLICABLE): IC!rlyle PLACE OF BIRTH: ublin, Ireland DATE OF BIRTH: j SSN: —� ID THEFT INDEX PIN (IF APPLICABLE): MOTHER'S MAIDEN NAME: arke DRIVER'S LICENSE lt: STATE UC. ISSUED: kassachusetts GENDER EMALE HEIGHT: WEIGHT: EYE COLOR: keen CURRENT ADDRESS: aTY/TOWN: FORMER ADDRESS: awrraw L 71 �— STATE: F ZIP: L 1� STATE: M 1 ZIP: PR/NTANDSIGN PRINTED NAME: I /,j j4 -(f JL APPUCIINT /EMPLOYEE SIGNATURE: 4 L. 17-MrOMMM'U7/ram On this �2 1311 Z before me, the undersigned notary public, personally appeared ime of document signer), proved to me through satisfactory evidence of identification, which were Fo L ,' f be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily for stated purpose. P I)MMONUSEONLY MEMESM MY: SIGRAIMENCMAUnCRODEMOYff n.ou 9a"yWdt kW-Po Nwd— b to b..-pkRd by d— Wt hve W- b. rldeM n ft PIN I wdw by the DCIL Cer0ed ftW4WS " NRukW to pmdde eM Wkw" the h Y to 1ndude tide kdon d= to esmtre the ecwaa of the mIM request pm ALL CON request btrehs that badede this PAM ere repthNto bt subr*ted m the DCJ ek ME to hM W W(a7t660-4u . se'll? 11! M� 1/1 am STEVEN GROSSMAN TREASURER AND RECEIVER GENERAL Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street, First Floor Boston, MA 02114 CORI REQUEST FORM KIM& GAINSBORO, ESQ. . CHAIRMAN The Alcoholic Beverages Control Commission has been certified by the Criminal History Systems Board to access conviction and pending Criminal Offender Record Information. For the purpose of approving each shareholder, owner, licensee or applicant for an alcoholic beverages license, I understand that a criminal record check will be conducted on me, pursuant to the above. The information below is correct to the best of my knowledge. ABCC NUMBER: LICENSEE NAME:, lnEnterprise . v e,KSC, E= CITY/TOWN Reading gppL►CANTINFORMATIO tle =� FIRST NAME: JAMES MIDDLE NAME: WARREN LAST NAME: HAVEy E===== MAIDEN NAME OR ALIAS (IF APPLICABLE): PLACE OF BIRTH: WINCHESTER, MA SSN: ID THEFT INDEX PIN (IF APPLICABLE): E==1 DATE OF BIRTH: DRIVER'S LICENSER* STATE_ UC. ISSUED: Ma558CI1USeLtS MOTHER'S MAIDEN NA r GENDER: E= HEIGHT. CURRENT ADDRESS: CITy/TOWN: FORMER ADDRESS: CITY/TOWN: PRINTED NAME: = �WEIGHT: 195 EYE COLOR: BLUE L 11 STATE: MA STATE: MA ZIP: JAMES W. HAM I APPUCANT /EMPLOYEE SIGNATURE: T/{Ry1NFORINATION On this � Z / 3 �Z, before me, the undersigned notary public, personally appeared rme of document signer), proved to me through satisfactory evidence of identification, which were Dc4, V S /_ i Gws-c. be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he) (she) signed it voluntarily foi stated purpose. NOTARY V,�A T. scKc -V,4 � 1 OMSION USE ONLY REQUMM or ilw IKN Identity TIR Fde PIN Nanber b ro be wwov Wd by those eov� t,, t I e been blued an IdartRY Tt �� I vw Nunber by the DC11. CertRRd = mqW d ro prorsde eR eppRO^R the oyporMRY ro Mk fk ' J _ ALL CM rants tivk Mude thk R.Ia to npt5afb,be.4WMdrouteoa n'.R°M�1 esoasu. MINUTES OF MEETING OF BOARD OF DIRECTORS OF RKR CORPORATION AND CERTIFICATE OF VOTE At a meeting of the Board of Directors of RKR Corp., which was held on December 104h, 2012. All of the Officers and Directors being present, the meeting was called to order by the Chairman. The Chairman advised that all members waived notice and were present. Upon a motion duly made, seconded and unanimously carried, it was RESOLVED, that the Vice President, Eilish M. Havey, be authorized to execute any and all documents related to the purchase of said business and assets including but not limited to the Assignment of Lease of the premises with the current landlord, Haven Properties LLC. RESOLVED, that the Board of Directors hereby authorizes the naming of Eilish M. Havey, of 422 Park Street, North Reading, MA 01864, as Manager of the bar /restaurant located at 622 Main Street, Reading, MA 01867, to be known as The Bunratty Tavern. She shall be authorized to make all decisions regarding the sale of alcohol on the premises There being no further business to come before the meeting, upon a motion duly made, seconded and unanimously carried, the meeting was adjourned. i' 4 Dated: 12/10/2012 Eilish M. Havey, S etary COMMONWEALTH OF MASSACHUSETTS Essex, SS December 13th, 2012 Then personally appeared the above -named Eilish M. Havey in her capacity as Secretary of RKR Corp. and proved to me through satisfactory evidence that being a Massachusetts Driver's License to be the person executing this document, and acknowledged the foregoing to be executed as her free act and deed, before me Notary Public �'avlt► �" Sc �¢�� My commission expires: 1 / 1 t 113 SZ SlIx ,, ,•`` Mate, Y tme,, Oostow, ✓ aysack"etts 02133 William Francis Galvin Secretary of the Commonwealth June 28, 2412 TO WHOM IT MAY CONCERN: I hereby certify that according to records in this office, RKR CORPORATION was incorporated under the General Laws of this Commonwealth on June 26, 2012. I also certify that so far as appears of record here, said corporation still has legal existence. I further certify that in the Articles of Organization filed here, the Officers and Directors are listed as follows: Processed By:TAA SEE ATTACHED In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth set NOTICE OF LEASE Pursuant to the provisions of Mass. General Laws Chapter 183, Section 4, as amended, notice is hereby given of a lease containing the folloxx ing information: LANDLORD: HAVENT PROPERTIES. LLC TENANT: RKR CORPORATION DATE OF EXECUTION: October �L, 2012 DEMISED PREMISES: A PORTION OF THE LAND AND BUILDINGS KNOWN AS 600 -622 INIAIN STREET, READING, MASSACHUSETTS, N «-IICH PROPERTY IS FURTHER DESCRIBED IN THE DEED TO THE LANDLORD RECORDED AT THE MIDDLESEX SOUTH DISTRICT REGISTRY OF DEEDS AT BOOK 45398 PAGE 3. LEASE COMMENCEMENT DATE: LEASE TERM: THE TERM OF THIS LEASE SHALL COMMENCE ON THE COiNS1ENCEMENT DATE AND SHALL EXPIRE SIXTY (60) MONTHS FROM THE RENT COMMENCEMENT DATE. TENANT HAS OPTIONS TO EXTEND THE LEASE TERM FOR THREE ADDITIONAL SIXTY (60) MONTH TERMS. SIGNED AND SEALED ON October 2012. HAVEN PROPERTIES, LLC Duly Authorized '— ,' James �: Ma"wn, Jr., as manager se Z2 -31- RKR, CORPORATION Duly Authorized By: Eilish M. Havey, as ire qesident and CEO COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this 1,L day of October, 2012, before me, the undersigned notary public personally appeared James J. Mawn, Jr., as manager of Haven Properties, LLC proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose on behalf of Haven Properties LLC. Staunw•eete NOTARY PUBLIC: �otaiY public cbus� eat of Massa 16 2a�s Commission Expiration: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this j-\ day of October, 2012, before me, the undersigned notary public personally appeared Eilish M. Havey, as Vice President and CEO of RKR Corporation proved to me through satisfactory evidence of identification, which was a driver's license with a photograph, to .be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose on behalf of RKR Corporation. uuw Bove NOTARY- PMLIC: $ �ota►Y pubi�ssaohu$ettS 18 Commission Expiration: o�Weaitn °ices Macch 16.2a ib MY Co66iss►ou' -32- ��-z3 LEGAL NOTICE C. Oy }. w !s'�9'txcoae °�`P� TOWN OF READING NOTICE OF PUBLIC HEARING To the. Inhabitants pf 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 application is 'for'the premises at 622 Main Street, Reading, Massachusetts. _V Onder the provisions: of Chapter 138, Section 15'bf-the Massachusetts General* *Laws, a public hearing Will be -held by the Board of Selectmdii con- cerning this application -on Tuesday, January 8, 201.5 at 8:30 p.m. -in the Selectmen's Meeting Room,. 16 1:oVell Street, Reading, Massachusetts. A copy of the proposed Poe— ument regarding this .topie is available In the Town Manager's office, 16- 1_4fell Street, Reading, MA, K- W- Thurs from 7:30 a.m. - 1:30 p.m.,.Tues from 7:30.a.m, -. 7:00 p.m. and is attached tathe hearing notice on the w4sife at w ww readingma.gov ; All interested partiesoare Invited to attend the hearing`, or. may submit their commends In writing or by email prior to 6:00 p.m. *on.January'8, 2018 to townmanager @ci.reading.ru'a.u. By order of Peter I. Hechenblelkner Town Manjger 12/18 ' R 12/17/2012 TOWN OF READING ABUTTERS LIST to� FOR READING BOARD OF ASSESSORS A. SULLIVAN, ASSISTANT APPRAISER STONEHAM PLANNING BOARD 35 CENTRAL ST STONEHAM MA 02180 WAKEFIELD PLANNING BOARD I 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 60 TEMPLE PLACE BOSTON MA 02111 PROP ID OLD PROP ID OWNERI OWNER2 OWN ADDR OWN _CITY OWN ST, OWN ZIP 2460160000002920 2460540000000048 UH 169 HAVEN STREET LLC 21 ANGLEWOOD LN NORTH READING MA 01864 2460160000002930 2480540000000050 CROSBY JOHN K ETAL TRS J & B CROSBY REALTY TRUST 175 HAVEN ST READING MA 01867 2460170000001840 2460650000001040 LIAKOS TRIANTAFYLLIA ETAL 10 RAWSON RD ARLINGTON MA 02174 2460170000000300 2460540000000060 MAIN STREET READING LLC C/O C &S CAPITAL PROPERTIES LLC 51 MAIN ST STONEHAM MA 02180 2460210000000320 246064000000017B 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 COLIN KNIGHTS OF COLUMBUS INC 15 SANBORN ST READING MA 01867 2460210000000270 246084000000014A GLS PROPERTIES LLC 34 COOLIDGE AVE HAVERHILL MA 01832 2460210000000280 246064000000014B 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 2460640000000160 READING CO -OPERATIVE BANK 180 HAVEN STREET READING MA 01867 2460210000000310 246064000000017A READING COOPERATIVE BANK 180 HAVEN STREET READING MA 01867 2460220000000010 2460640000000010 HAVEN PROPERTIES LLC 275 MISHAWUM ROAD WOBURN MA 01801 2480220000000020 2460640000000038 MU MAY THOMAS CHOU 632 MAIN STREET READING MA 01867 2460220000000030 2460640000000040 TOWN OF READING PARKING AREA 18 LOWELL ST READING MA 01867 2460220000000040 246064000000004A MU MAY THOMAS CHOU 632 MAIN STREET READING MA 01867 2460220000000050 246064000000005& NEW ENGLAND PROPERTIES 739 CREEKS EDGE CHARLESTON SC 29412 2460220000000060 246064000000005A TOWN OF READING PARKING 18 LOWELL ST READING MA 01867 2460220000000350 246065000000120 & MAIN HAVEN LLC 12 LATHAM LN READING MA 01867 2460220000000360 2460650000001220 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 to� FOR READING BOARD OF ASSESSORS A. SULLIVAN, ASSISTANT APPRAISER 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.readingma.2ov Bunratty's Tavern has submitted material for their Plan Review. We are currently waiting for additional information to complete our review process. Sif-13 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, Sgr Detective Mark D. Segalla Criminal Division Commander ` seq 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. Delios (_'wnmunit� Service5.Direclor,'"lmo nI'Linner Town of Reading 16 Lowell Street Reading, MA 01867 -2685 (P) 781- 942 -6612 (L') 781 -94' -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 jdehos ?ci.reading.ma.us www.readingma.gov http://readingma- survey.virtualtownhall.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 8th. Please review and submit any comments by January 3Id Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781 - 942 -6643 Fax: 781 - 942 -9071 pschena a�ci.reading.ma.us www.readingma.gov 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 /7c8844ebl decdO98/ S6_�' �7 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 1 7771 Reading ABCC License Number City/Town TRANSACTION TYPE (Please check all relevant transactions): Q New License F� New Officer /Director Pledge of License ❑ For Reconsideration 01/08/2013 Local Approval Date ❑ Change Corporate Name ❑ Transfer of License 0 Change of Location Pledge of Stock Seasonal to Annual ❑ Change of Manager F� Alteration of Licensed Premises Transfer of Stock Change of License Type Cordials /Liqueurs Permit R Issuance of Stock New Stockholder Other ZIP CODE 01864 ❑ 6 -Day to 7 -Day License E] Management /Operating Agreement Wine & Malt to All Alcohol Name of Licensee RKR Corporation EIN of Licensee D /B /A Bunratty Tavern Manager Eilish Havey ADDRESS: CITY/TOWN: Reading STATE El ZIP CODE 01867 622 Main Street Annual All Alcohol Restaurant Annual or Seasonal Category: (All Alcohol- Wine & Malt Wine, Type: (Restaurant, Club, Package Malt & Cordials) Store, General On Premises, Etc.) Complete Description of Licensed Premises: 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 ❑X No Date & Time Date & Attach Publication Licensee Contact Person for Transaction Eilish Havey Phone: 617 - 861 -5744 CITY/TOWN: North Reading STATE MA ZIP CODE 01864 ADDRESS: 422 Park Street Remarks The Local Licensing Authorities By: ABCC Remarks: Alcoholic Beverages Control Commission Ralph Sacramone Executive Director _5'e'(';' ,,}}�� \ The Commonwealth of Massachusetts Print Form Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov /abcc 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) CHECK NUMBER 9 IF USED EPAY, CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) LICENSEE NAME RKR Corp, dba Bunratty Tavern ADDRESS 1622 Main Street CITY/TOWN Reading TRANSACTION TYPE (Please check all relevant transactions): ❑ Alteration of Licensed Premises ❑ Change Corporate Name ❑ Change of License Type ❑ Change of Location ❑ Cordials /Liqueurs Permit STATE MA ❑ Issuance of Stock ❑ Management/operating Agreement ❑ More than (3) §15 ZIP CODE ❑ New Officer /Director ❑ New Stockholder F] Pledge of Stock ❑ Pledge of License 101867 ❑ Transfer of License ❑ Transfer of Stock ❑ Wine & Malt to All Alcohol ❑ 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 P. O. BOX 3396 BOSTON, MA 02241 -3396 o' N Q w -v a v 5 e,7 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town READING 2012 DEC 13 PM 1: 57 1. LICENSEE INFORMATION: A. Legal Name /Entity of Applicant: (Corporation, LLC or Individual) RKR 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: MA Zip: 01867 F. Business Phone: F G. Cell Phone: H. Email: EIUSHHAVEY @AOLCOM I. Website: !.Mailing address (If different from E.): 422 PARK STREET City/Town: NORTH READING State: MA Tap: 01864 2. TRANSACTION: Q 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 0 (6) Day to (7)-Day License ❑ Wine & Malt to All Alcohol IMPORTANT ATTACHMENTS (1): The applicant must attach a vote of the entity authorizing all requested transactions, including the appointment of a Manager of Record or principal representative. TYPE OF LICENSE: ❑X §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On- Premises ❑ §12 Tavern (No Sundays) ❑ §15 Package Store LICENSE CATEGORY: ❑X All Alcoholic Beverages ❑ Wine & Malt Beverages Only ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordials /Liqueurs Permit 5. LICENSE CLASS: Fxj Annual ❑ Seasonal =1 CONTACT PERSON CONCERNING THIS APPLICATION (ATTORNEY IF APPLICABLE) NAME: EILISH HAVEY ADDRESS: 422 PARK STREET CITY/TOWN: NORTH READING STATE: MA ZIP CODE: 01864 CONTACT PHONE NUMBER: (617) 861 -5744 FAX NUMBER: -� EMAIL: IEILISHHAVEY @AOL.COM 7. DESCRIPTION OF PREMISES: Please provide a complete description of the premises to be licensed. Please note that this must be identical to the description on the Form 43. GLE STORY PREMISES WITH BASEMENT, BOTH APPROX 3200 SQUARE FEET. CENTER ENTRANCE DOOR FROM MAIN STREET, LOUNGE SEATING LEFT OF DOOR, DINING SEATING TO RIGHT. BAR ON LEFT HAND SIDE WALL CASUAL SEATING IN CENTER. TWO DOORS ON RIGHT HAND SIDE TERWALL TO OUTSIDE ONE TO PATIO OTHER TO WALKWAY), BATHROOMS (M /F) ALONG BACK WALL TRADITIONAL RESTAURANT SEATING IN :K PORTION OF PREMISES. STAIRCASE ON LEFT HAND SIDE WALL DOWN TO BASEMENT WHICH HOLDS KITCHEN, DRY /COLD STORAGE, BEER ,LK -IN, OFFICE AND STAFF RESTROOMS, MOP ROOM, MECHANICAL AND ELECTRICAL ROOMS. OUTDOOR SEATING FOR SEASONAL USE WITH THROUGH RESTAURANT. Total Square Footage: 3200 Number of Entrances: 1 Number of Exits: 5 Occupancy Number: 200 Seating Capacity: F947 I IMPORTANT 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 IMPORTANT ATTACHMENTS (3): The applicant must submit a copy of the final lease or documents evidencing a legal 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: MA Zip: 01801 Initial Lease Term: Beginning Date 06/21/2012 Ending Date 06/20/2017 Renewal Term: IS 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 n 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. CM] LICENSE STRUCTURE: The Applicant is a(n): Corporation I the applicant is a Corporation or LLC, complete the following: State of Incorporation /Organization: MA Is the Corporation publicly traded? Yes [] No OX Other: Date of Incorporation /Organization: 06/17/2012 10. INTERESTS IN THIS LICENSE: List 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 SO *If additional space is needed, please use last page. 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in §10 have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes [] No Ox If yes, list said interest below: Name License Type Licensee Name & Address IPlease Select Please Select Please Select Please Select Please Select Please Select Please Select *If additional space is needed, please use last page. S& b 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 13. DISCLOSURE 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 ❑X If yes, list said interest below: Date License Reason of Suspension, Revocation or Cancellation CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A A.) For Individual(s): 1. Are you a U.S. Citizen? Are you a Massachusetts Residents? PACKAGE STORE LICENSE ONLY: B.) For Corporation(s) and LLC(s) 1. Are all Directors /LLC Managers U.S. Citizens? 2. Are a majority of Directors /LLC Managers Massachusetts Residents? Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ 3. Is the License Manager or Principal Representative a U.S. Citizen? C.) Shareholder(s), Member(s), Director(s) and Officer(s): Yes ❑ No ❑ 1.. 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, GENERAL ON PREMISE, TAVERN, VETERANS CLUB LICENSE ONLY: For Individual(s): 11. Are you a U.S. Citizen? B.) For Corporation(s) and LLC(s) : 1. Are a majority of Directors/LLC Managers NOT U.S. Citizen(s)? 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 ❑X No ❑ Yes ❑ No n Yes ❑X No ❑ Yes ❑X No 16. COSTS ASSOCIATED WITH LICENSE TRANSACTION: A. Purchase Price for Real Property: $0.00 B. Purchase Price for Business Assets: $0.00 C. Costs of Renovations /Construction: $100,000.00 D. Initial Start-Up Costs: E. Purchase Price for Inventory: F. Other: (Specify) G: TOTAL COST H.TOTALCASH 1. TOTAL AMOUNT FINANCED $50,000.00 $150,000.00 $150,000.00 IMPORTANT ATTACHMENTS (6): Submit any and all records, documents and affidavits including loan agreements that explain the source(s) of money for this transaction. Sources of cash must include a minimum of three (3) months of bank statements. The amounts listed in subsections (H) and (1) $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 §17 (INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS, GIFTS): (REFINANCE OF HOME MORTGAGE BY OWNERS J•If additional space is needed, please use last page. 18. LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH "TOTAL AMOUNT FINANCED "NOTED IN SUB-SECTIONS 17(I) WILL DERIVE: A. Name Dollar Amount Type of Financing additional space is needed, please use last page. 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 1387 Yes ❑ No ❑X If yes, please describe: 19. PLEDGE: (i.e. COLLATERAL FOR A LOAN) 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 .) If a corporation, is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes ❑x No t. if yes, to whom: 2. Number of Shares: C. ) Isthe applicant pledging the inventory? ❑ Yes ❑x No If yes, to whom: IORTANT ATTACHMENTS (7): If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of Corporation /LLC.approving the pledge. 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: ❑X 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 Frml,46S 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: OCTOBER, 2012 IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED S&A3 --J j 0 Mpap Far FLOM e-Volutions -Designs 1 1 1 19-3-1 BOSTON. AAA 02118 i 005172012 21-MAY-2012 A2.01 • 06-10-12 05-15-12 ix Lb cow UJ 0 3: o (n _j u 0 U. (n 0 z r, (L I IL z F_ w UJ R5 U) Z > z =)Q1. b �WND BASEMEW FLOOR e- o utions -Designs SMON.MW 02110 ' 3 COS 172012 ro+r 21•MAY -2012 A2.00 i 06 -W -12 00 -10-12 00 -10-12 fm Z W Q Z LLJ Z 91 fa Bankof America �I Cas.hier's Check, No. 2682950 Notice to Pwchaur - In the event,this oheck is l=1=1=11— gip* t R statement end 90-day waiting penod will be mq This HO t` 14 t 2 VI t 30- 1/1140 check should be negotiated wt m 90 days. Date NTX Center "M IWIIG ` 0"322 14@81 082182950 EIiIH 111M c Remitter (Purchased By) N Pay HM Rum Win am "i164 I) 1QLM w 4$ =0 v M• To v The Order ItIMU A Mwit ' tt Of "M Mwt Bank of America, N.A. VOID AFTER 90 DAYS San Antonio, Texas $ * *137400.00 ** y Nome otiable Au& ' Signature Customer Copy, 001641005339 Retain For Your Records s�z � Reg CO-OPERAl7VE BANK 180 Haven St, Reading, MA 01867 Phone 781 - 942 -5000 Webslte www.readngcoop.com 006729 RKR CORPORATION DB /A BUNRATTY TAVERN 422 PARK ST NORTH READING MA 01864 -2134 BEGINNING BALANCE No activity this period. ENDING BALANCE 12yCustomer Statement Pg 1 of 2 EOHAL HOUSING Account Number: LENDER MEMBER FDIC Statement Date: Nov 01, 2012 thru Nov 30, 2012 MEMBER SIF Summary - All Accounts Business Checking $135,350.00 OverdraftlReturned Item Fees $135,350.00 $135,350.00 ym 0.00 Total Overdraft Fees 0.00 Total Returned Item Fees 0.00 0.00 Account Summary Nov 01, 2012 135,350.00 0.00 0.00 0.00 0.00 135,350.00 In celebration of Christmas Day and New Year's Day, Reading Co- operative Bank will be closed on Tuesday, December 25th and Tuesday, January 1st. Reg COOPERATIVE BANK 180 Haven St., Reading, MA 01867 Phone 7813425000 YYebsite rnxw 86mg -op- 006753 II' IIIIIII��IIIIII'IIIIIIIII�II111 " ItII11I11�t1I1I1tIlI'IIII� RKR CORPORATION DB /A BUNRATTY TAVERN 422 PARK ST NORTH READING MA 01864 -2134 BEGINNING BALANCE Oct 26 90 Check ENDING BALANCE w 91 Customer Statement Pg 1 of 4 WI&HOUM Account Number: MEMBEOREFR C Statement Date: Sep 29, 2012 thru Oct 31, 2012 MEMBER SIF Summary - All Accounts Business Checking $135,350.00 - 150.00 $135,500.00 135,350.00 $135,350.00 Check Summary [��+�'"4":eer�,�: ,�.1... aT'. ��: d rrr`.,: r ^i= .i�`:.i�i:� ;: `` «'?il' �;� "�.'c �,.y'i`•�:i:� �.:` «r�.��. :'t� •1 • • � 1 11 Number of Checks: 1 * Indicates a skip in sequence a Indicates an electronic check Balance Summary Oct 26 135,350.00 OverdraftfRetumed Item Fees -- �:V;-- '�'?L' alit^ �?' �T *.;T..�rr�'-- T:•.- �-- --�f�.r -� ^'�^. N �,c LOfJ.,1X`:!et',.2CC u2': i. 83Y�' e�' �. sfY! YCa�' C-: �. �. sr�ay. s.'!'..: Y�r. °T- - �.�t° -. kir '.�3.- ..ia.;..'4,..'��,�1�.e �v F!�i.,: �C�;XY�t�`.S. y ,} V'�;s.,_ .•�. s"•.,y �• is 1 11 MFUMUN rO ' 1 11 _ -. 1 11 1 11 Account Summary Sep 29, 2012 135,500.00 0.00 0.00 150.00 0.00. 135,350.00 OWBFA Bil 137RD0001 M006 .ir�.,�Y>:y��= rt,;.;rttil2 -z. ,�.- .ti:<��1s:.,.?'�3:%..... c ...... ...,.. sYrc�b'1,Rs -:.- �'. .,_��. <.:... �� .::-.% iN�.u.« is•"� �',. `i- � ! �, � ■ ( | ■ § � � � ,!�e20 | ! | ��■ a ■ || �- E e |` ! ! 1§ | �■ , ! ! || & � | $ &! ■ � ■ ■ ■ ■« ■ |■# ■tams § 9 1 ! a | � € § !| ■| �� i k� � � � �1I §| � $ il � � ,!�e20 § || E e Il k■ ! 1§ | ii-SAggigggg § §B |!§ ■ ■ ■ ■« ■ |■# ■tams |.t9 1$ &(1 a 9 1 ■19 § E • B� §,s �,,,,��<- #�,a� ■ ■��, .,,,.. ' ' -- ■#�KB■!■ a ■ ■ ■ ■ ■ ■�■ �.m. ■■ ■ � � ,!�e20 W A alms ma STATWENT MUD -1) U.B. oDo�nant� and OMB MRw'M Na 2607.0268 B. TYPE OF LOAN: K. SUMMAFWOF 8ftAMrS TRANBACTIDN 100. GROSS AMOUNT DIX FROM BORROWFJC 1. Q FHA 2.H RNS A Cow. Unkw. e. Rln Number 7. Lugn uw,*,. 6. Matpepe Mwnfnco Gp Number 4. ❑ VA s. Cam. irm 102 ponmw property G NOI& Ibis brm Is 6nr6Mmd b Ows you a stoo a of o" 90amo nt wate. Amrormta pod b ind by 1M swasmuantepard m stmft Nem madwd'd1.o a)' were psM addde Om dwkV. I" m ahowm hm for kft m Wnal purposes We! m not krehtded In ttm tobta. D. NAME AND ADORSSSOFBORROWER: ENAIJEANDAODRIESSOFSEUVt 40L F. NAM AND ADDRESSOFLENOETt JemwW Nay v d EIM M. Hway 224,806.62 404. Rdknl Mortyepe Company, L LC 422 Park SL 406. 100 Cummdnpa Clr., Sub 6o1C Rath Reedkup, MA 01684 ADJUSTMENTS FOR IT1<MS PAID BY SELLER IN ADVANCE: Beaary, Mq o1s1a Q PROPERTY LOCATION: N. SErMEMENTAGENT: AOL Ckf m hew to L BETTttMENT OAT$ DISSURSEMENT OATS; 422 Park SL Adhur P 8kermeas, 110 407. Canty Was to June a, 2011 Jurm 19, 2011 NorthAesdhq,t41gOtad1 RACE OF SErrLE34EN71 40e. Awaaemamte b 106. 447 Boabs Skeet, Subs 4.TdpwW MA 01081 40L ' t- a"a7.ODe1 J. SUI IMARY OF BORROWM" TRANSACTION K. SUMMAFWOF 8ftAMrS TRANBACTIDN 100. GROSS AMOUNT DIX FROM BORROWFJC 400. OROSS AMOUNT DUE TO SWIM 101. Conked "we prbe 401. cw*od ades pdw 102 ponmw property 402. Perm pmputy 106.13e10enart' pwbbanoweG0=6ma1400) 8.706.21 40L 104. PayoNC181re "patR71IUM 224,806.62 404. 10L 406. ADJUSTWI TS FOR ITBMB PAD BY 9F11.ER IN ADV/RCL ADJUSTMENTS FOR IT1<MS PAID BY SELLER IN ADVANCE: 106. MAklwn UM Io AOL Ckf m hew to 107. Canty face to 407. Canty Was to 10L Aaeaert etft to 40e. Awaaemamte b 106. 40L ' 110. 410. 111. 411. 112 412. 20L MUM PAID BY OR INNHALF Of' NMOWM 201. Depod oreemrrtmamy 601. Maoasi depod (ne tmkm6o* 202. P.1102 smouvde d rmw ben(s) 300,000.00' WL Sa6NrtmttdlMpw b ee6srpns 1400) 203. El I p bwM hose subjed b 60L Hda6rq lent) fount egged In 24. 604. PaydtdfM moe10 e0e bats 20L an PeyORdN[atd rrrerl0e0e ban 20L 606. 287. 6117. 201L 606. 200. 606. ADJUSTMENTS FOR T1T:IA8 UNPAID BY SELLER: ADJUSTMENTS PM fTENM UNPAID BY SELLER: 21o. Cty/kwm teefe 10 s10. CltyAowm laces to 211. Carly laves In 611. Dandy heea b 21L Aaaa wmamb - b 612. Aateawrlwlb to 212. 313. 214. 614. 21L 1116. 21L 616. 217. s17.' 21L 610. 21L s10. . 220. TOTAL PAD Wff0R BORWfMt 300,000,00 W. TOTAL RE3tUC1'IONS IN AMOUNT DUE SELLEM 20L CASH AT SBM91VIDIT FROMIt'D SORROWBRt 6o0. CASH AT 6ETnigover FROmYTO sBLLim 301. GMS NMOW40 ftm burrower pme120) 276.80206 801. Gross amouadustoaaAw"420) 202.I=smountpddbyllmrbw won Fkm,M 200.000.00 aoL Lose WNrtdue0otrslnsrtrelnldwaderpne ) 103. CAS» ( ❑ I'ROM) ( © TO) BoRROWM S71,Ip7.S7 601. CASH ( ❑ TO) ( 13 PROM) SELLER Noe 1 on 7y 1 Y 4ND-1 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 Hours 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 Town Manager's-office, 16 Lowell Street, Reading, MA; M -W Thurs from 7:30 a.m. - 5:30. .p.m., Tues from 7:30 a.m. - 7:00 pM. and is attached to the hearing- notice on the website at www.readingma.gov All 1 nterested' 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 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 SP Z 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. S F3 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 fq 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 Policiies�� Schena, Paula From: Sent: To: Cc: Subject: It is for 30 Haven Street. Wilson, Jessie Tuesday, December 18, 2012 9:43 AM Schena, Paula; Hechenbleikner, Peter Delios, Jean RE: request for waiver letter I've forwarded the request for abutters list to the Applicant for their signature... unless we do not need it for this? Jessie Jessie Wilson Staff Planner Town of Reading 16 Lowell Street Reading, MA 01867 p: 781.942.6648 f: 781.942.9071 jwilson @ci.reading.ma.us Town Hall Hours: Monday, Wednesday, & Thursday : 7:30am - 5:30pm Tuesday 7:30am - 7:00pm & CLOSED on Fridays From: Schena, Paula Sent: Tuesday, December 18, 2012 9:23 AM To: Hechenbleikner, Peter Cc: Delios, Jean; Wilson, Jessie Subject: RE: request for waiver letter There's no mention of an address of the location. Paula Schena Office Manager Town of Reading 16 Lowell Street Reading, MA 01867 Phone: 781 - 942 -6643 Fax: 781 - 942 -9071 pschena(c)-ci. reading. ma. us www.readingma.gov 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 /7c8844ebl decdO98/ From: Hechenbleikner, Peter Sent: Monday, December 17, 2012 9:28 AM SFb To: Schena, Paula Cc: Delios, Jean; Wilson, Jessie Subject: FW: request for waiver letter 1 -8 -12 BOIS Needs notice to abutters within 300 feet. Peter I. Hechenbleikner Town Manager Town of Reading 16 Lowell Street Reading MA 01867 Please note new Town Hall Hours effective June 7, 2010: Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m. Tuesday: 7:30 a.m. - 7:00 p.m. Friday: CLOSED phone: 781 - 942 -9043 fax 781 - 942 -9071 web www.readingma.gov email townmanager .ci.reading.ma.us Please let us know how we are doing - fill out our brief customer service survey at hftp: // readingma- survey.virtualtownhall.net /survey /sid /7c8844eb1 decd098/ From: Dave Crowley [mailto:dcrowley1966 @yahoo.com1 Sent: Monday, December 17, 2012 9:08 AM To: Town Manager Subject: request for waiver letter Hi Peter, Hope all is well with you. Thank you for taking the time to meet with me last week. I really appreciate you, Jean, and Jessie taking time out of your busy schedules to discuss the possibility of me opening a health club in Reading. I've always been passionate about helping others improve their health and wellness, and would love the opportunity to help those in our community. Attached is the waiver letter we discussed. Please let me know what I need to do next. Thanks again! Dave Crowley dcrowley19660yahoo.com ,e (7 - 5",IAp 1 -1- - GALLO MATTEO TRUSTEE READING SAVINGS BANK RUCKER CLIFFORD L ETAL TRS OCEAN VIEW NOMINEE TRUST ONE EASTERN PLACE, EP 2 -26 C & M REALTY TRUST 376 NORTH ST LYNN, MA 01901 PO BOX 4051 BOSTON, MA 02113 PEABODY, MA 01961 RUCKER CLIFFORD L ETAL TRS KILEY ROBERT J TR GREGORIO PHILIP J C & M REALTY TRUST 34 GOULD STREET REALTY TRUST C/O PHILIP J GREGORIO PO BOX 4051 34 GOULD ST 57 RUSTIC LN PEABODY, MA 01961 READING, MA 01867 READING, MA 01867 CARLSON RICHARD W PJC REALTY MA, INC. MARTIN LUCY A (LE) TR 55 HAVEN ST REALTY TRUST C/O RITE AID LELAND E MARTIN 60 HARBOR AVE P 0 BOX 3165 20 GREEN ST MARBLEHEAD, MA 01945 HARRISBURG, PA 17105 READING, MA 01867 SILVA JOSEPH M GRAHAM FRANCIS E LEHR EVELYN J TRUSTEE 18 GREEN ST GALE S GRAHAM THE LEHR FAMILY TRUST READING, MA 01867 14 GREEN ST 16 GREEN ST READING, MA 01867 READING, MA 01867 TASKER SUSAN E TRUSTEE WILLWERTH WADE TRUSTEE SHEEHAN GEORGE H HAVEN STREET TRUST HANLEY REALTY TRUST SHEEHAN EDITH L 1 HAVEN ST 26 GREEN ST 15 GREEN ST READING, MA 01867 READING, MA 01867 READING, MA 01867 BROWN KEVIN M ARENA STEPHEN J HAVEN ATLANTIC LLC 35 LINCOLN ST DEBORAH A ARENA C/O OAK -RJF C/O URBAN SPACES READING, MA 01867 134 CANDLEWOOD DR 10 MCTERNAN ST WALTHAM, MA 02154 CAMBRIDGE, MA 02137 TOWN OF READING KELLEY TIMOTHY J KELLEY TIMOTHY J PARKING LOT CHRISTINE M KELLEY CHRISTINE M KELLEY 16 LOWELL ST 84 WOBURN STREET 84 WOBURN STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 HARRIS W RUSSELL ETAL TRS TOWN OF READING 41 -49 HIGH STREET LLC HARRIS REALTY TRUST PARKING 5 BISHOP DR 90 WOBURN ST 16 LOWELL ST DANVERS, MA 01923 READING, MA 01867 READING, MA 01867 41 -49 HIGH STREET LLC METHUEN COOPERATIVE BANK FOUR LEAF CLOVER PROPERTIESLL 5 BISHOP DRIVE C/O 57 -59 HIGH STREET LLC C/O SEAN MCCARTHY ETAL DANVERS, MA 01923 57 HIGH ST 95 HOMESTEAD CIRCLE READING, MA 01867 SOUTH HAMILTON, MA 01982 COPPOLA SUSAN E CONTE VALERIE TOWN OF READING 100 WOBURN ST C/O SUSAN COPPOLA BOSTON & MAINE RR READING, MA 01867 98 WOBURN ST 16 LOWELL ST READING, MA 01867 READING, MA 01867 �P ,tom D TOWN OF READING NORET CHARLES R D'AMICO JAMES V JR TRUSTEE BOSTON & MAINE RR CINDY W NORET RAILROAD REALTY TRUST 16 LOWELL ST 15 CHUTE ST 473 BROADWAY READING, MA 01867 READING, MA 01867 CHELSA, MA 02150 READING MASONIC BLDG ASSOC UH LINDEN STREET LLC UH BRANDE COURT LLC PO BOX 521 21 ANGLEWOOD LN 21 ANGLEWOOD LN READING, MA 01867 NORTH READING, MA 01864 NORTH READING, MA 01864 STINCHFIELD ANNE TOWN OF READING COLOMBO ROBERT G ETAL TRS 47 PRESCOTT ST PARKING COLOMBO, O'LEARY & COLOMBO R T READING, MA 01867 16 LOWELL ST 70 HAVEN ST READING, MA 01867 READING, MA 01867 CICCARIELLO PATSY TRUSTEE COLOMBA FRANK J HALL MARK G TRUSTEE LINDEN STREET REALTY TRUST 2 -4 BRANDE CT UNIT A DEPOT REALTY TRUST 597 MAIN ST UNIT B7 READING, MA 01867 286 PARK ST STONEHAM, MA 02180 NORTH READING, MA 01864 COLOMBA GIUSEPPE ETAL TRUSTEES HALL MARK G TRUSTEE HALL MARK G TRUSTEE COLOMBA - BRANDE COURT NOMINEE DEPOT REALTY TRUST DEPOT REALTY TRUST TRUST 286 PARK ST 286 PARK ST 30 FRANKLIN ST NORTH READING, MA 01864 NORTH READING, MA 01864 READING, MA 01867 HALL MARK G TRUSTEE ANASTOS, LLC SPYROU LEONIDAS DEPOT REALTY TRUST C/O READING ORTHODONTICS P.C. 9 COBBLESTONE LANE 286 PARK ST 2 HAVEN STREET SUDBURY, MA 01776 NORTH READING, MA 01864 READING, MA 01867 ZZW REALTY LLC READING EXECUTIVE PLACE, LLC DARDENO PHILIP ETAL TRUSTEES 2 HAVEN ST - UNIT #203 2 HAVEN STREET PRD REALTY TRUST READING, MA 01867 READING, MA 01867 16 RIDGEWAY RD NORTH READING, MA 01864 PELLET AND MIME LLC PELLET & MIME LLC SAMPSON STEPHEN J 2 HAVEN ST UNIT 206 2 HAVEN ST UNIT 206 2 HAVEN ST STE 208 READING, MA 01867 READING, MA 01867 READING, MA 01867 GWT HAVEN REALTY LLC MA YOUSHENG ETAL TRUSTEES YOUSHENG MA 2 HAVEN ST UNIT 301 ALPHA ONE REALTY TRUST HUIBIN P WANG READING, MA 01867 2 HAVEN ST UNIT 303 2 HAVEN STREET READING, MA 01867 READING, MA 01867 LATINA MARK A T.B. DONOVAN LLC STEPHEN VIEGAS TRSTEE HAVEN JUNCTION RLTY TR 42 BOSTON ROCK RD SUSAN C VIEGAS 20 POND MEADOW DR STE 204 MELROSE, MA 02176 2 HAVEN ST #306 READING, MA 01867 READING, MA 01867 S�q GWT HAVEN REALTY LLC HIGH STREET LIMITED PARTNERSHI 2 HAVEN ST UNIT 301 107 WOBURN ST READING, MA 01867 READING, MA 01867 NEW ENGLAND TEL & TEL CO BARILE RALPH A ETAL TRS C/O NYNEX PROP DEPT BEAUFORT REALTY TRUST PO BOX 152206 11 LINDEN ST IRVING , TX 75015 READING, MA 01867 BLUNT RALPH C NORDEN MARILYN ADELE F BLUNT MARY CHERKL MS MCGOVERN 22 LINDEN ST 18 LINDEN STREET READING, MA 01867 READING, MA 01867 HAGAN STEPHEN E MAHER PHILIP R 68 WOBURN ST PRISCILLA M MAHER READING, MA 01867 72 WOBURN ST READING, MA 01867 TRAN MINH MURPHY SEAN P LY CONG TRAN C/O ALIASGAR Z DAHODWALA 78 WOBURN ST 80 WOBURN ST READING, MA 01867 READING, MA 01867 HIGH STREET LIMITED PARTNERSHI 107 WOBURN ST READING, MA 01867 GUTIERREZ HEIDIE BRONWYN FERNANDO GUTIERREZ 12 LINDEN ST READING, MA 01867 KAUFMAN NAOMI J 64 WOBURN ST READING, MA 01867 DOUCETTE KATHERINE ESTATE OF C /OSTUART INVESTMENT PROPERTIES LLC 10 MIDDLESEX AVE WILMINGTON, MA 01887 CARLSON RICHARD W TR 55 HAVEN STREET REALTY TRUST 60 HARBOR AVE MARBLEHEAD, MA 01945 &-(fC) 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-9:00 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 proposed document regarding this topic is available in the Town Manager's office; 16. Lom ell Street, Reading, MA; to -W-, . Thurs from 7:30 p.m., Tues from 7:30: q.rrt, ; -; 7:00 p.m. and is . attaohed;,to the hearing notice op .tba website rat , www.readingma.gov. ,. All interested• parties'„r�; invited to attend the h�aGjr g, A. or .may submit their, corn;, - ments in writing .or- by eT.. I f prior to 6:00 p.m. on 4`h6jary. 8, 2013 `t3 townmanager @ci.readng;ma. .us ; 'By ordar of Peter I. Hechenbleikner" Town Manager 12.31.12 -° 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 Mandell President of Operations S0----1 AVIVA D. BUDD 215 OCEAN Dxtve Wm STAKIFORD, CT 06902 December 13, 2012 Town of Reading 16 Lowell St Reading, MA To Whom it may concern: TEL: (203) 36, -0535 FAX: (203),W-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: Sam — lopm Friday: Sam — 9pm Saturday — Sunday: lam — 7pm l he undersigned supports such requests. Thank you for your consideration in this matter. Reading Development Co it LIA" 4� Aviva D. Budd, managing partner 03 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. 561 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 S(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 &i Schena, Paula From: Taylor Mandell < Taylor .Mandell @planetfitness.com> Sent: Tuesday, December 18, 2012 1:32 PM To: Schena, Paula Cc: Taylor Mandell Subject: Planet Fitness request for special hours of operations Attachments: Landlord hours of opperation letter - Planet Fitness.pdf; Planet Fitness special hours of operation.pdf Paula — Please see attached documents. One is a letter of approval from the landlord and the other is a letter from myself with a little explanation Feel free to contact me via email, my office number listed below or on my cell at 603 -817 -0380 Please let me know if you need anything else Taylor Mandell Vice President of Operations North Shore Fit Management, LLC An independent franchise developer for Planet Fitness (w) 603,436.3999 (f) 866.731,4981 j Taylor .Mandell @planetfitness.com 124 Heritage Ave. Unit 3, Portsmouth, NH. 03801 www.planetfitness.com S&I I -„ - CROGAN CHRISTOPHER VAQUERANO LUIS DAWE JOHN 11R SUSAN CROGAN ROXIANNE CAIRNS DEBRA D ZUPPA 7 LINE RD 11 LINE RD 15 LINE RD READING, MA 01867 READING, MA 01867 READING, MA 01867 HOLLAND PHILIP W BOUCHARD JEANNE F HARTIGAN ROBERT KATHRYN L HOLLAND ROBERT A BOUCHARD VIVIAN VIEIRA HARTIGAN 13 TRACK RD 15 TRACK RD 19 TRACK RD READING, MA 01867 READING, MA 01867 READING, MA 01867 XU KUI TURENNE LEO F SHERIDAN MICHAEL W WENYI BIAN BARBARA A TURENNE 34 TORRE ST 9205 WOODEN BRIDGE RD 26 TORRE ST READING, MA 01867 POTOMAC, MD 20854 READING, MA 01867 LEAHY MATTHEW 1 POON JONATHAN SUI TORRE STREET REALTY LLC 40 TORRE ST AVAYUET HUA YEE 106 MAIN ST READING, MA 01867 20 TORRE ST STONEHAM, MA 02180 READING, MA 01867 RICHARDSON JOHN W FAIRHAVEN REALTY ASSOC LLC NIETO DAVID GONZALEZ 8 TORRE ST C/O CUMBERLAND FARMS DEANNA RENEE NIETO READING, MA 01867 100 CROSSING BLVD #9003 16 TRACK RD FRAMINGHAM, MA 01702 -5401 READING, MA 01867 FILOSA JAMES A MENENELLO ALBERT F JR CAPOMACCIO CAMILLE BARBARA ANN FILOSA SUZANNE MENENELLO 25 HARVEST RD 20 TRACK RD 24 TRACK RD READING, MA 01867 READING, MA 01867 READING, MA 01867 TOWN OF READING TOWN OF READING REID DOUGLAS E 16 LOWELL ST 16 LOWELL ST TERESA L REID READING, MA 01867 READING, MA 01867 7 NORMAN ROAD READING, MA 01867 SILVA MILTON P HOLLINGSWORTH A RUTH WANG JING RUTH A SILVA 17B CAROLINE AVE WENTAO WANG 45 TRACK RD IPSWICH, MA 01938 40 HARVEST RD READING, MA 01867 READING, MA 01867 SILVA MILTON P WANG JING TOWN OF READING RUTH A SILVA WENTAO WANG 16 LOWELL ST 45 TRACK RD 40 HARVEST RD READING, MA 01867 READING, MA 01867 READING, MA 01867 DALEY STEPHEN C GEMELLARO RUTH M SHERIDAN JOHN JR SHERYL A DALEY 37 TORRE STREET KELLY SHERIDAN 41 TORRE STREET READING, MA 01867 33 TORRE ST READING, MA 01867 READING, MA 01867 Sig CHICCARELLI JOSEPH CUNNINGHAM FRANCIS P TOWN OF READING 29 TORRE ST MAUREEN A CUNNINGHAM 16 LOWELL ST READING, MA 01867 25 TORRE ST READING, MA 01867 READING, MA 01867 READING DEVELOPMENT CO II MAROTTA KIM MARIE SUCCESSOR TR WONG CHUNG MOU C/O AVIVA D. BUDD C/O ANGELO MAROTTA 31 BAY STATE ROAD 215 OCEAN DR W 3920 MYSTIC VALLEY PKWY READING, MA 01867 STAMFORD, CT 06402 MEDFORD, MA 02155 TOWN OF READING GEIST ROBERT L WILLIAMSON LINDA ANN 16 LOWELL ST BETTY GEIST 6 BAY STATE RD READING, MA 01867 121 GREEN ST READING, MA 01867 READING, MA 01867 TERRICIANO CAROL A LEE MICHAEL NELSON PHYLLIS A 5 GOVERNORS DR JENNIFER LEE 15 GOVERNORS DR READING, MA 01867 17 GOVERNORS DR READING, MA 01867 READING, MA 01867 SHINDELMAN KENNETH E WILKES CHRISTOPHER J DALIS CHRISTOPHER P DONNA HAROS- SHINDELMAN WILKES EILEEN B 4 GOVERNORS DR 16 GOVERNORS DR 10 GOVERNORS DR READING, MA 01867 READING, MA 01867 READING, MA 01867 SULLIVAN ANN M KHAN PARVEZ M SANTARPIO MICHAEL A AMY M COCKRELL C/O PROCTOR ERIK S PAULA SANTARPIO 260 SALEM ST 3 CANTERBURY DRIVE 7 CANTERBURY DRIVE READING, MA 01867 READING, MA 01867 READING, MA 01867 DOKA GEORGIANNA ETAL PETTOROSSI MICHAEL WELLS DAVID L 9 CANTERBURY DR DANIANNE PETTOROSSI BARBARA A WELLS READING, MA 01867 11 CANTERBURY DR 10 CANTERBURY DRIVE READING, MA 01867 READING, MA 01867 CARNEY ROBERT A TUCKER PAUL J ROSS EDWARD JARRA N CARNEY 14 BAY STATE RD JULIE CALABRESE 246 SALEM ST READING, MA 01867 20 BAY STATE RD READING, MA 01867 READING, MA 01867 WILSON CHRISTOPHER J HAMEL JOAN M CALLAHAN FRANCES M LAURA F WILSON 231 SALEM ST UNIT 1 231 SALEM ST 24 BAY STATE RD READING, MA 01867 READING, MA 01867 READING, MA 01867 FALLON JOHN L JR CONNOLLY MARY R SNOW GEORGE TRUSTEES ETAL JOYCE E FALLON 231 SALEM ST UNIT 4 GEORGE SNOW SALEM ST RLTY TR 231 SALEM ST UNIT 3 READING, MA 01867 4 SALEM ST READING, MA 01867 WAKEFIELD, MA 01880 S�;- PRISCILLA L CARTER PATRICIA VENTURA KAMINSKI, JOANNE M 237 SALEM STREET 237 SALEM STREET 237 SALEM ST UNIT 5 READING, MA 01867 READING, MA 01867 READING, MA 01867 FELDMAN BERNARD ANTHES CAROLYN D DUBUQUE SUZANNE RITA E FELDMAN TRSTEES FELDMAN 237 SALEM ST UNIT 7 DONALD DUBUQUE 237 SALEM ST UNIT 6 READING, MA 01867 243 SALEM STREET UNIT 1 READING, MA 01867 READING, MA 01867 CATALDO GERALDINE BOWEN MARGARET SOLOMON ROBER SABINO CATALDO 243 SALEM STREET DEBORAH SOLOMON 243 SALEM ST UNIT 2 READING, MA 01867 243 SALEM STREET READING, MA 01867 READING, MA 01867 POWERS MARY C WALK THERESA TRELEGAN ALICE (L.E.) C/O MARY C POWERS (L.E.) 243 SALEM STREET JANET E B DEGUGLIELMO 121 VERNON ST READING, MA 01867 243 SALEM ST UNIT 7 WAKEFIELD, MA 01880 READING, MA 01867 ALLAN R RUNGE BETTY L. MACLEAN NASTRI ANDREW R 249 SALEM STREET 249 SALEM STREET RICHARD K NASTRI READING, MA 01867 READING, MA 01867 397 SOUTH ST READING, MA 01867 IANNACCONE MICHAEL LOGAN CARLETON CITRANO PATRICIA M LINDA IANNACCONE CAROL LOGAN 249 SALEM ST UNIT 6 249 SALEM STREET 249 SALEM STREET READING, MA 01867 READING, MA 01867 READING, MA 01867 MILDRED BRECZKO & PATRICIA TAKACH INDRISANO CELESTE A FOLEY CRAIG J 249 SALEM STREET 255 SALEM ST UNIT 1 JUDY FOLEY READING, MA 01867 READING, MA 01867 234 FOREST TRAIL EDWARDS, CO 81632 -6022 MCWILLIAMS GEORGE MARTIN KELLEY MARTIN J INDRISANO DIANE L ELIZABETH A MCWILLIAMS JANE HURTON KELLEY 261 -1 SALEM ST 255 SALEM ST UNIT 3 255 SALEM ST UNIT 4 READING, MA 01867 READING, MA 01867 READING, MA 01867 DOROTHY L CANTINO MCCAULEY PETER E ETAL (LE) GALLIANI JOSEPH 261 SALEM STREET DONNA M TESTA ETAL ALBA AURITI TRUSTEES GALLIANI READING, MA 01867 261 SALEM ST U3 261 SALEM ST UNIT 4 READING, MA 01867 READING, MA 01867 ANTOINETTE R MONDALTO MCLAUGHLIN HELEN BARDETTI ELISA C TRUSTEE 261 SALEM STREET 261 SALEM STREET THE ELISA CELESTA TRUST READING, MA 01867 READING, MA 01867 261 SALEM ST UNIT 7 READING, MA 01867 S610 "\ N Board of Selectmen Meeting November 20, 2012 For ease of archiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectmen John Arena and James Bonazoli, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Human Resource Administrator Carol Roberts, Office Manager Paula Schena and the following list of interested parties: Bill Brown, Brenda Sousa, Mark Hall, Joanne Senders, Erin Calvo - Bacci, Ralph Colorusso, Jeanne Borawski, Fred McGrane, Michael Giacalone, Bill Crowley, and Pat Sullivan. A motion by Tafoya seconded by Bonazoli that the Board of Selectmen eo into Executive Session to consider ♦ the purchase, exchange, lease or value of real property; ♦ strategy with respect to labor negotiations (health insurance) and ♦ approval of minutes and that the chair declares that an open meeting may have a detrimental effect on the _negotiating position of the body and to reconvene in Open Session at approximately 7:30 p.m. was approved on a roll call vote with all five members voting in the affirmative. The Board reconvened in Open Session at approximately 7:30 p.m. Reports and Comments Selectmen's Liaison Reports and Comments — John Arena noted that Town Meeting was completed in two nights. He had a question regarding the Bylaw Committee's recommended language on a Town Meeting article and James Bonazoli noted that the Bylaw Committee speaks on their opinion. Stephen Goldy noted that the Charter is very vague about the Bylaw Committee and suggested that be an agenda item and invite the Bylaw Committee and Town Moderator in to discuss. Ben Tafoya thanked everyone involved in the election and Town Meeting. James Bonazoli also thanked Town Meeting. He noted that the Sturgis Park meeting is tonight. The committee wants to level the sunken pit and they hope to have a plan wrapped up before the end of December. Mr. Bonazoli also attended the Girl Scout Silver Awards and the Veteran's Day celebration. Stephen Goldy thanked Representative Brad Jones and his wife for the Thanksgiving dinner they had for the seniors. The Fall Street Faire Committee will give their annual („wA Board of Selectmen Minutes — November 20, 2012 — page 2 report to the Board on December 18`h. He also requested an update on the Baystate Road pedestrian light. Town Manager's Repo — The Town Manager gave the following report: Administrative matters ♦ Volunteers are still needed for the Bylaw Committee; West Street Historic District Commission; and Zoning Board of Appeals. ♦ The Girl Scout's calendar for 2013 is on sale now and is available at The Hitching Post on Haven Street and Gregory's on Main Street or orders are delivered free of charge to Reading addresses. They have attached an order form but invite you to visit their website. www.calendarofreading.com to view the photos from the calendar. ♦ The Toys for Tots boxes are around town for the season, including one across the hall from the Town Clerk's office at Town Hall. Thanks as every year go to the Firefighters for handling this. ♦ The Adopt -a- Family program is now gearing up for the Thanksgiving and Holiday season. If you have a need or want to donate call Adopt -a- Family at 781 - 942 -6680. It is an answering machine and anyone who calls will get a return call. Community Services ♦ Veterans Day was celebrated on Sunday on the common. A breakfast for veterans was served at the Senior Center prior to the ceremony. ♦ You have in your packet a memo regarding joint meetings of regulatory Boards /Committees /Commissions. ♦ A Preliminary application for a 40 b or LIP program on north Main Street has been received and it is being reviewed by staff, with intent to get a report to the Board of Selectmen after the first of the year. ♦ I have given you a memo regarding properties added to the List of Historic Structures in 2010. I find no fault in the method of distribution of notices, and in fact, the Reading Historical Commission went beyond what is required to see that property owners were notified. Library ♦ I am recommending that a Special Town Meeting be held on January 28, 2013, the primary purpose of which would be to vote on funding of the Library project, subject to debt exclusion. I would ask that the Board of Selectmen approve this date so that all parties can plan accordingly. A motion by Bonazoli seconded by Schubert to hold a Special Town Meeting on January 28, 2013 with the primary purpose to vote on funding of the Library project was approved by a vote of 5 -0 -0. Public Safety ♦ All Town staff and residents handled the impacts of Super Storm Sandy extremely well. I was out of Town during this event, but was very comfortable in knowing that Board of Selectmen Minutes — November 20, 2012 — page 3 the Reading team would handle it well. Special thanks to Acting Town Manager Bob LeLacheur for leading the Town's efforts. Public Works • The Town of Reading received an award on Tuesday night from MassRecycle for the Municipal Recycling Award for 2012. Congratulations to Jeff Zager, Jane Kinsella, Mike O'Halloran, Mike DeBrigard and all those involved in managing and administering the recycling and rubbish program, and to the residents of the community who have embraced this program and make it work. • A petition for acceptance of Roma Lane has been received — for April Town Meeting. • North Reading has filed an ENF for establishing a wastewater system (sewers) and potentially buying water from the MWRA through Reading. • The last curbside leaf collection for this season is the week after Thanksgiving, so make sure that you have your bagged leaves out on your regular day of collection. The compost center will close for the season on Friday, November 30, but will be open on January 19 for disposal of Christmas trees and any left over bags of leaves or brush that residents want to bring that day. • Construction news from DPW: • Main Street between Washington Street and the railroad tracks was overlaid and new traffic markings installed last week. • Irving Street, Boswell Road, and N -S Pleasant Street reconstruction will not be done this year. The preliminary work of lowering structures will be reversed for the winter. • Poets Corner sewer repair is expected to start on or about November 26, and work will continue throughout the winter. • The Howard Street water line construction and trench paving is complete, minor punch work items remain. • Curb and sidewalk for Bancroft Avenue and Highland Street curb and sidewalk is completed; Mineral Street bridge pole relocation — RMLD has installed the relocated poles; awaiting transfer of all cabling; sidewalk repairs to occur following transfer. ♦ MWRA water line borings are in progress. Proclamations /Certificates of Appreciation Certificates — Eagle Scouts - A motion by Tafova seconded by Schubert that the Board of Selectmen approve the Certificate of Recognition for Eagle Scout David Scott Graham was approved by a vote of 5 -0 -0. A motion by Tafova seconded by Bonazoli that the Board of Selectmen approve the Certificate of Recognition for Eagle Scout Luke Beaulieu was approved by a vote of 5 -0 -0. A motion by Tafova seconded by Schubert that the Board of Selectmen approve the Certificate of Recognition for Eagle Scout James Bedingfield, Jr. was approved by a vote of 5 -0 -0_ Ga;� Board of Selectmen Minutes — November 20, 2012 — page _4 Personnel and Appointments Animal Control Appeals committee, Cultural Council, Historical Commission and Trails Committee — James Bonazoli noted that he will resign from the Animal Control Appeals Committee. A motion by Schubert seconded by Arena that the Board of Selectmen confirm the recommendations by the Volunteer Appointment Subcommittee to the Board of Selectmen for the appointment of the following members to the respective Boards, Committees and Commissions for terms expiring as listed below: ♦ Jean Jacobs to a position on the Trails Committee with a term beginning November 20, 2012 and expiring June 30, 2015; ♦ Carl Mittnight to a position on the Historical Commission with a term beginning November 20, 2012 and expiring June 30, 2014; ♦ Catherine Folan to a position on the Animal Control Appeals Committee for a term beginning November 20, 2012 and term expiring June 30, 2015; ♦ Catherine Folan to a position on the Cultural Council for a term beginning November 21, 2012 and expiring June 30, 2015 The motion was approved by a vote of 5 -0 -0. Discussion /Action Items Hearing — Town Manager Profile — Town Manager Peter Hechenbleikner and Assistant Town Manager Bob LeLacheur recused themselves from the meeting. Human Resource Administrator Carol Roberts was present. The Secretary read the hearing notice. Stephen Goldy noted that the Collins Center has been hired to assist in the hiring of a new Town Manager. The draft profile was sent to the Board and comments have been received from Ben Tafoya, Richard Schubert and Town Counsel Gary Brackett. Ben Tafoya noted that on page 26 of the handout we should mention the Town is discussing one or more debt exclusions. John Arena suggested adding MWRA water system improvements. Ben Tafoya suggested adding that the Town devotes approximately 66% of the budget to the schools and facility maintenance. He noted that the TV show is incorrectly referred to as "weekly." He also suggested adding an establishment of goals section. Richard Schubert noted that he spoke with Town Counsel Gary Brackett regarding the provisions in the Charter regarding experience and he noted that five years is the bottom threshold for experience. Stephen Goldy noted that he received a phone call from the Town Moderator who feels he or another Town Meeting member should be added to the Screening Committee. The consensus of the Board was that Town Meeting is already represented on the Committee. LaA Board of Selectmen Minutes — November 20, 2012 — page 5 Brenda Sousa of 79 Howard Street noted that the Board of Selectmen and Collins Center did a great job on the profile. Stephen Goldy reviewed Fred Van Magness' comments and noted that #1 is done; for #2 we could mention that the Town has a Municipal Light Department that serves four communities, but has an elected Board; for #4 add "including significant regionalization" under finance or organizational design. Carol Roberts suggested swapping a mature leader for "an experienced leader" in the professional section. Carol Roberts noted that the Town Clerk will be at the first meeting on the Town Manager Screening Committee to speak about the Open Meeting Law. A motion by Tafova seconded by Bonazoli to close the hearing on approval of the Town Manager profile was approved by a vote of 5 -0 -0. A motion by Bonazoli seconded by Tafova to approve the Town Manager profile as amended was approved by a vote of 5 -0 -0. Hearing — Tax Classification — Town Appraiser Victor Santaniello, Fred McGrane, Ralph Colorusso, Bob Quinn, and Pat Sullivan were present. Mr. Santaniello noted that the residential factor of 1 equals $14.39. Reading has the option of shifting 150% of tax rate to commercial. He reviewed a chart showing the tax rate for an average home value of $432,300 at a rate of 1 is $6220 and at a rate of 1.5 is $5870. Mr. Santaniello noted that for the average commercial property valued at $1.5 million at a rate of 1 equals $21,698 and at a rate of 1.5 equals $32,555. Mr. Santaniello reviewed the open space and small commercial exemptions. Erin Calvo -Bacci noted that Mike Palmer asked her to read a letter that indicated that the Town Planner called him to persuade him to come to Reading. His taxes have tripled in the last three years. Taxes are generated from business sales and he feels that businesses will leave Reading if the tax rate is shifted to commercial. Bill Crowley, 42 Locust Street, who is an attorney and a Board member on the Chamber of Commerce noted that he is in support of a level tax rate. He feels that a shift on commercial properties is not fair. He noted that Reading is attractive to businesses due to the level tax rate. Leslie McGonagle, who lives on Pine Ridge Road and is a business owner indicated that shifting the tax rate is revenue neutral and only impacts the businesses. (Or,)� Board of Selectmen Minutes — November 20, 2012 — page 6 Richard Schubert asked Victor Santaniello about Mr. Palmer's concerns of the assessments. Mr. Santaniello indicated it is an income and expense approach. It's a matter of what people are willing to pay for space. When property is under construction the value increases on an ongoing basis. If anyone has questions regarding assessment they should email him and he would be happy to explain. Ben Tafoya asked that commercial rates be added to the percentage chart in the future A motion by Schubert seconded by Tafova that the Board of Selectmen close the hearing establishing the tax rate for fiscal year 2013 was approved by a vote of 5 -0- 0. A motion by Schubert seconded by Tafoya that the Board of Selectmen not grant an open space discount for Fiscal Year 2013 was approved by a vote of 5 -0 -0. A motion by Schubert seconded by Tafova that the Board of Selectmen not adopt a residential exemption for Fiscal Year 2013 was approved by a vote of 5 -0 -0. A motion by Schubert seconded by Bonazoli that the Board of Selectmen adopt a residential factor of 1 for Fiscal Year 2013 was approved by a vote of 5 -0 -0. A motion by Schubert seconded by Tafoya that the Board of Selectmen not grant a commercial exemption for Fiscal Year 2013 was approved by a vote of 5 -0 -0. Approval of License — MBTA Vine Street Parking Lot — The Town Manager noted that the license is good for one year. If the Board of Selectmen approve this then he will bring it back to the Board to discuss parking in that area. A motion by Bonazoli seconded by Tafova that the Board of Selectmen approve the "license for entry 12474" between the Town of Reading and the Massachusetts Bay Transportation Authority for use of the Vine Street Parking lot for a term beginning January 1, 2013 and expiring December 31, 2013 and authorize the Town Manager to sign on the Board's behalf was approved by a vote of 5 -0 -0. Approval of Community Innovation Challenge Grant Application — The Town Manager noted that we applied for the grant last year. It requires the Board of Selectmen in each community to sign or they can designate the Town Manager. He noted that there could be as many as 40 communities joining in to do the fly -over. The fly -over will be done in the Spring of 2014. A motion by Tafova seconded by Bonazoli that the Board of Selectmen approve the Community Innovation Challenge Grant application for Aerial Imagery Regionalization, and authorize the Town Manager to sign the application on the Town's behalf was approved by a vote of 5 -0 -0. Board of Selectmen Minutes — November 20, 2012 — page 7 Bob LeLacheur noted that Reading is receiving a grant to regionalize community access to information because other communities cannot afford to do it on their own. Reading will take the lead and charge other communities. This will raise revenues and we know other cities or towns in the country are doing this. A motion by Tafoya seconded by Bonazoli that the Board of Selectmen approve the Community Innovation Challenge grant application for Community Access to Information, and authorize the Town Manager to sign the application on the Town's behalf was approved by a vote of 5 -0 -0. Establish Fees for Fingerprinting — The Town Manager noted that Town Meeting approved the fingerprinting bylaw. We pay the state $30 but the Police Department recommends $100 fee with $70 going to the Town and $30 to the state. This is required for hawking /peddling, door to door sales, taxi, Class I, II and III and alcohol licenses. Currently, the Police Department can only determine if someone has been arrested in Reading. Stephen Goldy felt $100 was too high. John Arena noted $75 will cover everything and Richard Schubert was okay with $100. A motion by Bonazoli seconded by Tafova that the Board of Selectmen set the fees for fingerprinting pursuant to Section 5.4 of the Reading General Bylaw — "Criminal History Check Authorization" at $100 per applicant was approved by a vote of 3 -2 -0 with Arena and Goldy opposed. Approve Liquor Licenses — Richard Schubert asked for an update on the suspensions and the Town Manager indicated that all suspensions have been served and he will be visiting all of the licensees next month. A motion by Bonazoli seconded by Tafova that the Board of Selectmen approve the All Alcoholic Club Liquor Licenses for: ♦ _Reading Overseas Veterans, Inc. d/b /a Reading Overseas Veterans, 575 Main Street ♦ Meadow Brook Golf Corp. of Reading, MA d/b /a Meadow Brook Golf Club, 292 Grove Street ♦ Home Building Corp. d/b /a Knights of Columbus, 11 Sanborn Street ♦ Reading Veterans' Association, Inc. d/b /a American Legion Post 62, 37 Ash Street for a term expiring December 31, 2013 subiect to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subiect to a satisfactory inspection of the establishment by the Town Manager was approved by a vote of 5 -0 -0. ��l Board of Selectmen Minutes — November 20, 2012 — page 8 A motion by Schubert seconded by Tafova that the Board of Selectmen approve the All Alcoholic Package Store Liquor Licenses for: ♦ Busa's Reading Liquors, Inc. d/b /a Busa's Reading Liquors, 345 Main Street ♦ Athens Liquors, Inc. d/b /a Square Liquors, 11 High Street ♦ Jai Vaishnodevi & Chirau, Inc. d/b /a North Side Liquors, 150 Main Street ♦ Reading Fine Wines LLC d/b /a The Wine Shop of Reading, 676 Main Street ♦ CWI, LTD d/b /a The Wine Bunker, 128 Market Place Shopping Center, One General Way, 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, and subject to a satisfactory inspection of the establishment by the Town Manager was approved by a vote of 5 -0 -0. A motion by Schubert seconded by Tafova that the Board of Selectmen approve the All Alcoholic Restaurant Liquor Licenses for: ♦ Mandarin Reading, Inc. d/b /a Mandarin Reading Restaurant, 296 Salem Street ♦ Mecom, Inc. d/b /a Cafe Capri, 355 Main Street ♦ CAC Foods Inc. d/b /a Venetian Moon Restaurant, 680 Main Street ♦ Pepper Dining Inc. d/b /a Chili's Grill & Bar, 70 Walkers Brook Drive ♦ Mac Acquisition of Delaware d/b /a Romano's Macaroni Grill, 48 Walkers Brook Drive ♦ The Boland Group III, LLC d /b /a Fuddruckers, 50 Walkers Brook Drive ♦ Bertucci's Restaurant Corp. d/b /a Bertucci's Italian Restaurant, 45 Walkers Brook Drive ♦ RARE Hospitality International, Inc. d/b /a Longhorn Steak House, 39 Walkers Brook Drive ♦ Ristorante Pavarotti, Inc. d /b /a Ristorante Pavarotti, 601 Main Street ♦ Phider Corp. d/b /a Grumpy Doyle's, 530 Main Street ♦ KOK, Inc. d/b /a Oye's, 26 Walkers Brook Drive ♦ Bistro Concepts, Inc. d/b /a Sam's Bistro, 107 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, and subject to a satisfactory inspection of the establishment by the Town Manager was approved by a vote of 5 -0 -0. r Board of Selectmen Minutes — November 20, 2012 — page 9 A motion by Schubert seconded by Bonazoli that the Board of Selectmen approve the Wine and Malt Liquor License for: • Palatat Pattenesuan d/b /a Bangkok Spice Thai Restaurant, 76 Haven Street for a term expiring December 31, 2013 subiect to the following conditions: All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed, and subiect to a satisfactory inspection of the establishment by the Town Manager was approved by a vote of 5 -0 -0. Approval of Minutes A motion by Tafoya seconded by Schubert to approve the minutes of October 16, 2012 was approved by a vote of 4 -0 -1 with Arena abstaining. A motion by Tafoya seconded by Bonazoli to approve the minutes of October 23, 2012 was approved by a vote of 4 -0 -1 with Arena abstaining. A motion by Tafoya seconded by Bonazoli to adiourn the meeting at 10:00 p.m. was approved by a vote of 5 -0 -0. Respectfully submitted, Secretary L di I Board of Selectmen Meeting December 4, 2012 For ease of archiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy (arrived at 8:12 p.m.), Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectman James Bonazoli, Youth Liaisons Eric Johnson and Mary Kate Kelley, Town Manager Peter Hechenbleikner, Assistant Town Manager /Finance Director Bob LeLacheur, Office Manager Paula Schena and the following list of interested parties: Kevin Brown, Gary Catalfamo, Bill Brown, Bob Lynch, Charles Gray, Jacob Westerman, Joseph Westerman and Steve Sadwick. Reports and Comments Selectmen's Liaison Reports and Comments — Richard Schubert gave kudos to those involved in the tree lighting. He noted that the Board received a letter regarding Planet Fitness and asked if they are required to do a traffic study. The Town Manager noted they are not. They have all permits and are ready to go. They will report back to CPDC in 11 months to evaluate the traffic. James Bonazoli noted he attended a meeting with the Town Manager at the Northeast Metropolitan Regional Vocational High School where they saw a presentation on the design of the bandstand. He also noted that Cemetery /Parks Administrator Bob Keating noted that their new equipment is working out extremely well but they still need a new garage. They are doing more with fewer employees. Ben Tafoya noted that he attended Shop the Block, the Festival of Trees and the Memory Tree ceremony. Eric Johnson noted that the RMHS football team won the Superbowl and he thanked the coaches, cheerleaders, band, and the fans. Mary Kate Kelley noted that she attended the Festival of Trees and a lot of clubs were involved in that. She noted that the Interact Club is bringing laser tag to RMHS as a fundraiser on December 15, 2012 from 4:00 to 8:00 p.m. Public Comment — Kevin Brown, owner of an auto business and holder of a Class 2 license noted that the Town is requiring a driving history and CORI check this year for Class 2 and 3 licenses but not for Class 1. He is appalled that the Town is requiring this. Gary Catalfamo from 128 Tire indicated that he feels the same as Mr. Brown and noted that every year the Town is requesting more and more. A Board of Selectmen Meeting — December 4, 2012 — page 2 Charlie Gray, owner of Gray's Towing, noted that he is tired of being scrutinized and feels over - burdened. He feels enough is enough and recommended that all Town employees have a CORI check done. The Town Manager noted that a recent Bylaw change was approved that requires this. This will be enforced next year because it is a taxing project to implement. He noted a driving history is not required for Class 2 and 3 but the CORI check is. The only other requirements are a $25,000 bond and workers comp insurance that the state requires. Kevin Brown noted that when he received his dealer's license from the Registry, the State Police came to his shop and checked him out. He asked why Class 1 licensees aren't required to do a CORI. Mr. Catalfamo asked if something negative came back would they still get the license. Ben Tafoya requested putting this issue on a future agenda. James Bonazoli suggested delaying the requirements. Richard Schubert indicated he was comfortable delaying and requested a list of who is required to have this done. Town Manager's ggport — The Town Manager gave the following report: • Nomination papers are available next week and due back to Town Clerk on 2- 12 -13. • Volunteers are needed for the West Street Historic District Commission and the Bylaw Committee. • Toys for Tots bins are available at public buildings. • Reading Steeple fund at Old South is in search of donations. • I will be attending a MASSDOT meeting in Lynn tomorrow night regarding transportation needs and funding. • Earlier this afternoon, Governor Deval Patrick announced that the state is facing a $540 million shortfall in its fiscal 2013 budget and he unveiled a plan to close the budget gap this year. He announced that he is using his "9C" emergency budget powers to implement $225 million in immediate cuts to state - funded programs in executive agencies under his control and he proposed legislation to expand his 9C authority so that he can cut $9 million or I% from unrestricted general government aid as well as 1% cuts to the judiciary, constitutional offices and the legislature. His plan would also withdraw $200 million from the state's rainy day fund. Community Services • Staff has reviewed a proposed 40 (b) plan for north Main Street next to the Mattera cabin. It is our intent to get a report to the Board of Selectmen per our LIP regulations around the first of the year. M, w Board of Selectmen Meeting — December 4, 2012 — page 3 Schools • MSBA has let us know that we were not successful in advancing the proposed Killam School project this year. We may apply next year, and I believe that is the intent of the School Department. RMLD • We are offering the second in a series of free winter workshops to all RMLD residential customers, with the goal of increasing awareness and education on the many residential energy efficiency options available today. The next workshop will be held in the Board Room at RMLD, 230 Ash Street, Reading on Wednesday, December 12, at 7:00 p.m. The focus of this workshop will be on home energy audits, weatherization and appliance rebates. In addition, customers who use oil will have the opportunity to talk with several heating and cooling experts at the workshop. The workshop series is sponsored by RMLD and a grant from the MAPC along with Local Energy Action Programs. Public Safety • The Reading, Wakefield and Stoneham Police combined forces to arrest the "gas station bandit" who has hit a number of local establishments. This was a strong collaborative effort on the part of all three agencies. Congratulations and thanks on a job well done. DPW • The Compost Center is closed for the season but will be open on January 19 for Christmas trees and any left over bags of leaves, etc. • Poets Corner sewer and storm water piping is being installed. • RMLD is working on the Mineral Street Bridge sidewalk pole relocation. • Auburn Tank: Consultant will be inspecting the tanks internal steel roof members tomorrow to determine the extent of repair needed. • Main Street: Four crosswalks were repaired, Main at Haven, Main at Woburn, Main at Pleasant and Pleasant Street; most settlement areas in the sidewalk brick banding were also repaired. Bob LeLacheur noted that there have been 9C cuts and he will take a look at this year's budget. He noted the concerns are for future budgets. He is also sending a memo to the Board of Assessors. Victor Santaniello eliminated the school debt in his tax calculations so the average family tax increase is 2.50% instead of a decrease of 1%. The mistake was caught before it was sent to the State. Discussion /Action Items Presentation Eagle Scout Project — Eagle Scout Jacob Westerman noted that he worked with the Fire Chief and Jim Richardson from the Water Department to target hydrants that needed markers. He raised funds to buy 150 markers that cost $10 -$12 each. The Fire Department Union is willing to donate money so he can do more. The Boy Scouts installed the markers. �133 Board of Selectmen Meeting — December 4, 2012 — page 4 MAPC Member Update — Steven Sadwick, the Town's MAPC representative, gave the Board an update. He noted that if the West Street project is at 100% design we will receive funding faster. He will bring the draft priority mapping project back to the Board in February. The Town is also part of the Regional Housing Program. Richard Schubert requested that a letter be sent to the State when West Street is at 100% design. Request for Re- Naming of Senior Center — Steve Oston, member of the Council on Aging, noted that the Town offered to pay for a new sign for the Senior Center. They are proposing Pleasant Street Center as the new name. He noted a survey was done by the National Institute of Senior Centers and 63% were in favor of a name change removing "Senior Center" from the name. The new name will give flexibility for uses. The Council on Aging voted 8 -0 in favor. Carol Oniskey, Chairman of the Council on Aging, noted that the new sign still references seniors. A motion by Schubert seconded by Bonazoli to approve the renaming of the Senior Center as Pleasant Street Center was approved by a vote of 4 -0 -0. Extension of Sturges Park Committee to February 28, 2013 — James Bonazoli asked the Board to extend the term of the Sturges Park Committee to February 28, 2013. They are meeting on a regular basis and their next meeting is December 11 with the Recreation Committee to review the draft plan. They have gone before the Conservation Commission twice. They are trying to move the playground inside away from the street but they can't due to conservation land. They are looking to fill in the wetlands for a hockey area and will flip the basketball and tennis courts due to sunrise locations. A motion by Schubert seconded by Goldy to approve the extension of the term of the Sturges Park Committee to February 28, 2013 was approve by a vote of 4 -0 -0. Hearing — New Do Not Enter sign, 7:30 — 8:30 AM and 2:30 — 3:30 PM Monday through Friday, September 1 — June 30, Shelby Road at Arcadia Avenue — The Secretary read the hearing notice. Safety Officer Justin Martel and Police Chief James Cormier were present. Officer Martel noted that Bob Lynch raised the concerns. There are currently no regulations on Shelby Road and the traffic pattern is dangerous. The Police Department observed that there are people doing three point turns. The proposal is to restrict entrance during the school year which will make it one way during drop off times and the Principal agrees with the proposal. A new crosswalk will also be added. Chief Cormier noted that the school parking lot is not sufficient for staff. (134 Board of Selectmen Meeting — December 4, 2012 — page 5 James Bonazoli asked if this will put parked cars on Munroe Street and Officer Martel indicated it shouldn't. The Town Manager noted that the Board received an email requesting no left turn onto Shelby. Bob Lynch, 24 Shelby Road, noted that this is a result of stopping the bussing. The majority of the traffic comes in Shelby and goes out Munroe. There will be no additional traffic, this will just get people going in the same direction. Lisa O'Connor agreed with Mr. Lynch. She indicated that the worst is when it snows with two way traffic on a narrow road. Chief Cormier noted this does not make Shelby one way. If a person is pulling out of their driveway they can go either way. A motion by Bonazoli seconded by Goldy to close the hearing on traffic regulations on Shelby Road was approved by a vote of 4 -0 -0. A motion by Bonazoli seconded by Goldy that the Board of Selectmen amend the Traffic Rules and Regulations adopted by the Board of Selectmen on March 28, 1995, for the Town of Reading, by adding a new listing to Appendix A -15, referenced by Section 6.25.1, which prohibits entry to certain streets from 7:30 a.m. to 8:30 a.m. and 2 :30 p.m. - -- - - - - - - - - - - - -.t - - - -t -- listing will create a time restricted Do Not Enter as follows: "6.25.1 Vehicles shall be prohibited from entering Shelby Road from Arcadia Avenue from 7:30 a.m. to 8:30 a.m. and from 2:30 p.m. to 3:30 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays for the period of the year beginning on September 1St and ending on June 30'n." street Location Shelby I Shelby Road at Arcadia Avenue Road The motion was approved by a vote of 4 -0 -0. xeguiation Do Not Enter 7:30 am to 8:30 am 2:30 pm to 3:30 pm Monday — Friday Sept 1St —June 301h Emergency Vehicles Exempt Hearing — Change of Manager — Ristorante Pavarotti — The Town Manager noted this is a hearing without notice. Katherine Dao and Massimo Fiume were present. i Board of Selectmen Meeting — December 4, 2012 — page 6 Richard Schubert asked Ms. Dao if she has had TIPS training and Ms. Dao indicated she has through Serve Safe. She was a supervisor in a restaurant in Florida. A motion by Goldy seconded by Bonazoli to close the hearing on the change of manager for Ristorante Pavarotti to Katherine Dao was approved by a vote of 4 -0 -0. A motion by Goldy seconded by Bonazoli to approve the change of manager for Ristorante Pavarotti to Katherine Dao was approved by a vote of 4 -0 -0. Review Veterans Services — The Town Manager noted that the state requires towns with a population over 12,000 to have a full time Veterans Services Officer or to join a district. Wilmington is not interested in continuing and our current Veterans Services Officer cannot work full time. He is exploring a district with Melrose, Wakefield and Saugus and the state has given a verbal okay by June 2013 to allow time for transition. He should have an agreement in January and will bring it back to the Board then. Approve Early Openings /24 Hour Opening — The Town Manager noted there is a memo from the Police Chief on all of the locations. There has been police activity at JK's Market and there have been four complaints in the past month regarding early delivery trucks. Stephen Goldy asked if the Board should invite the owner of JK's in before the Board and it was decided to send the Town Manager out to speak with the owner but if it continues to have him appear before the Board.. A motion by Goldy seconded by Bonazoli to approve applications by: ♦ Dunkin Donuts and West Street Mobil, 4 West Street ♦ Starbucks Coffee, 24 Walkers Brook Drive ♦ Starbucks Coffee, 288 Main Street to open at 5:00 a.m., Monday through Friday, effective January 1, 2013, and excluding State designated holidays. This approval will expire December 31, 2013. The Board of Selectmen 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. The motion was approved by a vote of 4 -0 -0. A motion by Goldv seconded by Bonazoli to approve the application bv: ♦ JK's Market, 212 Main Street to open at 5:45 a.m., Monday through Friday, effective January 1, 2013, and excluding State designated holidays. This approval will expire December 31, 2013. The Board of Selectmen 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 �8 i Board of Selectmen Meeting — December 4, 2012 — page 7 • All conditions of Site Plan approval, all other bylaws, licenses and requirements of Town agencies and the requirements of Section 3.9 of the Board of Selectmen Policies shall be met. Where there is a conflict among these bylaws, permits, approvals and licenses, the most restrictive shall be met; and • There is no detrimental effect of such operation on the Town or the immediately abutting neighbors. The motion was approved by a vote of 4 -0 -0. A motion by Goldy seconded by BQnazoli that the Board of Selectmen approve the application for 24 hour sales by 87 Walkers Brook Drive, LLC and Leigh Enterprises, Ltd. d/b /a Reading Shell Station at 87 Walkers Brook Drive. The Board finds that in accordance with Section 5.10.4 of the General Bylaws: • It is in the interest of the public health, safetv 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. • The Board determined that in accordance with Section 5.10.5 that no public hearing will be required for this application. The approval of this application is subiect to the following conditions: 1. This approval expires at midnight, December 31, 2013; 2. All signs shall conform to the Zoning By -Laws of the Town of Reading; 3. The gasoline service station shall, in fact, be open 24 hours a day, seven days a week; 4. The operator will ensure that there is a supply of gasoline available at the station during all hours that the station is open; 5. The operator will provide gas cans for motorists who run out of gasoline on the road; 6. The operator will prepare and post a list of local towing and repair shops that are open 24 hours a day for those who need it; 7. Restroom facilities shall be oven 24 hours a dav, seven days a week. The motion was approved by a vote of 4 -0 -0. Review 2012 Goals — The Town Manager reviewed the 2012 goals and noted that he is working with the Department Heads on goal statements. A motion by Schubert seconded by Bonazoli to adiourn the meeting at 9:25 p.m. was approved by a vote of 4 -0 -0. Respectfully submitted, Secretary 0 Board of Selectmen Meeting December 11, 2012 For ease of archiving, the order that items appear in these minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:02 p.m. in the Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Vice Chairman Ben Tafoya, Secretary Richard Schubert, Selectman John Arena, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur and Office Manager Paula Schena. Discussion /Action Items Review /Approve Concept Plan for Oakland Road Reconstruction — Town Engineer George Zambouras was present. The Town Manager noted that he is requesting direction and approval of a concept plan. George Zambouras reviewed two concept plans (that are available in the Town Manager's office) for the intersection of Oakland at Birch Meadow Drive. The first one is an island for aesthetics, traffic calming and a lighted place for the Police to stand; or a small round about for traffic calming (this would require the services of a consultant). The cost of the small island is $17,000 or $22,000 with lighting. The round about is approximately $52,000. Ben Tafoya noted that a crosswalk is needed near Waverly Road and asked if one could be put in near the island. The proposal for Oakland Road is to put in a center island. It could be raised or stamped concrete. John Arena asked how the stamped concrete addresses the drainage issues and the Town Manager indicated it does not. George Zambouras noted that the center island with curbing but no landscaping is approximately $72,000. The stamped concrete is $120,000. John Arena indicated he would like to see the minimal at the intersection and examine adding two stop signs for the safety of the children. He does not want to spend $72,000 on the center island on Oakland Road. Richard Schubert indicated he liked the minimal at the intersection. He likes the raised island with trees on Oakland Road except maybe just go to the main entrance of the school instead of the whole road. Ben Tafoya likes the minimal at the intersection, no medians on Oakland Road and wants the crosswalks to be painted and obvious and laid down as per the drawing in Option 1. to G Board of Selectmen Minutes — December 11, 2012 — page 2 A motion by Schubert seconded by Arena to approve the conceptual design for Oakland Road reconstruction as illustrated on Option 1 was approved by a vote of 3 -0 -0. Follow Up on Water Issues Water Distribution Improvement Plan — The Town Manager noted that the consultant did a presentation a while back. The estimate is $25 million in 20 years in replacing unlined pipes. There are .two priorities — lining the unlined pipes on Main Street and doing some water main replacement in downtown. The total will be approximately $3 million. Town Meeting approval will be needed in the spring. This is related to water quality and the state wants to repave south Main Street. John Arena asked if North Reading hooks up to the MWRA if it will increase the water quality and George Zambouras indicated it will but not with the existing water mains. The Town Manager indicated he will draft an Article for Town Meeting. Other Water Issues — Redundant Water Supply — The Town Manager noted that the MWRA is doing borings. There will be a new main on South Street at Hopkins and a new vault at Leach Park. The Bear Hill tank is not needed so he will talk with the MWRA regarding making an offer. North Reading is starting an environmental statement for both water and sewer and it doesn't commit us to anything. Capital Plan — There is little flexibility regarding the water distribution plans. John Arena asked what condition the pipes are in on north Main Street and George Zambouras indicated the pipes are good and have a lot of solid metal on them. Bob LeLacheur reviewed different scenarios for funding the work. The Town Manager also suggested that there is the option for putting it on the tax rate and that would be a spring 2014 ballot question. George Zambouras updated the Board on Poet's Corner. He noted that the contractor will start working on sewers on Monday doing asbestos removal. A motion by Arena seconded by Schubert to adiourn the meeting at 9:00 p.m. was approved by a vote of 3 -0 -0. Respectfully submitted, Secretary (a 21- venzon Bill Messages tl 6 L5 05 FiOS Premium Content Rate Increase To continue to bring you the best programming TV has to offer, at times we need to raise our rates. 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Franchise Related Cost 1 $ 1.80 C(6L- Z L/ C, a o 3 PRESS RELEASE Reading Executive Home Detox was founded after it's president, William Coalition For more information: Against Erica McNamara, RCASA Director 15 Union Street * Reading, MA 01867 Substance Abuse Email: emcnamara n,ci.reading_ma.us Phone: 781.942.6793 FOR IMMEDIATE RELEASE Executive .Home Detox Contributes $500 to RCASA Reading, MA January 2, 2013 READING, MA (January 2, 2013) — Executive Home Detox (EHD), the only drug and alcohol home detox treatment program to offer 24/7 on -site expert nurse supervision and a willingness to travel ANYWHERE and at ANY TIME to provide this needed service, has generously donated $500 to the Reading Coalition Against Substance Abuse (RCASA). According to Erica McNamara, MPH, Director, "this donation is greatly appreciated and needed to support our ongoing prevention work." Bill Carrick, RN, the President of EHD has been a longtime supporter of RCASA and served on their Board of Directors during their formation and early development. Bill Carrick had this to say "EHD wanted to celebrate the past five years we have been in business by supporting Reading's coalition. We hope to make this an annual contribution." With his expertise in addiction treatment, Mr. Carrick remains a valuable resource for the coalition. About Executive Home Detox Executive Home Detox was founded after it's president, William Carrick, participated in a joint initiative with the Robert Woods 9"D Johnson Foundation and the Center for Substance Abuse Treatment (www.0 SAT. SAMHSA.Gov). This initiative, called the Network for of Addiction Treatment (NiaTx), encouraged ways to EXECUTIVE improve the delivery of alcohol and drug detox treatment services and HOME DETOX to eliminate barriers to treatment access. Executive Home Detox was S I-8699 created to remove the barrier to drug and alcohol detox treatment's programs associated with discretion, privacy, and convenience. Learn more at http: / /executivehomedetox.com About RCASA RCASA's mission is to strategically address our substance abuse problem that youth in Reading, MA abuse alcohol, prescription drugs, tobacco, and other illegal drugs at unacceptably high rates that emerge early in adolescence, happen frequently, and indicate heavy use. We promote a healthy community environment using the strategic prevention framework to ensure everyone who lives, works, or goes to school in Reading can enjoy an optimum quality of life. Learn more at http: / /wtivw.edline. net /paaes/Readin�,PublicSchools /Community /RCASA 90